Coweta County Board of Commissioners 22 E Broad Street Newnan, GA Regular Meeting Session

Transcription

1 Coweta County Board of Commissioners 22 E Broad Street Newnan, GA Regular Meeting Session Shannon Zerangue Tuesday, October 21, :00 PM Commission Meeting Room ~ Minutes ~ COWETA COUNTY BOARD OF COMMISSIONERS Call to Order Attendee Name Title Status Arrived Paul Poole District 1 Present Tim Lassetter District 2 - Vice Chairman Present Bob Blackburn District 3 - Chairman Present Rodney Brooks District 4 Present Al Smith District 5 Present Michael Fouts County Administrator Present Eddie Whitlock Associate Administrator Present Kelly Mickle Assistant Administrator Present Nathan Lee Assistant County Attorney Present Shannon Zerangue Exec. Asst./Deputy County Clerk Present The Honorable Board of Commissioners of Coweta County, Georgia met in Regular Session on Tuesday, October 21, Meeting Called to Order Chairman Blackburn called the meeting to order at 6:05 p.m. Pledge of Allegiance Chairman Blackburn led the Pledge of Allegiance. Invocation Invocation was given by Commissioner Smith. Notification of Location of Rules Chairman Blackburn indicated the location of the rules governing the meeting. REGULAR SESSION Recommendations from Planning and Zoning and the Board of Zoning Appeals Recommend Denial of Petition # ZA Filed by Paul Mussell Requesting Setback and Stream Buffer Variances for Property Located at Lot 18F in the Shoal Creek Forest Subdivision Zoning Administrator Angela White explained that Mr. Paul Mussell (applicant) has requested that the Board approve his request to withdraw Petition # ZA requesting several setback and stream buffer variances for lot 18F located in the Shoal Creek Forest Subdivision. The Board voted to approve a request from Mr. Paul Mussell (applicant) to withdraw Petition # ZA requesting setback and stream buffer variances for Lot 18F located in the Shoal Creek Forest Subdivision. Coweta County Board of Commissioners Page 1 Printed 10/27/2014

2 Regular Meeting Session Minutes October 21, 2014 RESULT: WITHDRAWAL APPROVED BY VOTE [UNANIMOUS] MOVER: Rodney Brooks, District 4 SECONDER: Paul Poole, District 1 AYES: Poole, Lassetter, Blackburn, Brooks, Smith Request Acceptance of a Greenway Donation Associated with Property Located in the Merimac Estates Subdivision - 1st District Planning and Zoning Division Director Robert Tolleson presented recommendations to the Board regarding acceptance of a proposed greenway donation from Merimac Estates Subdivision located along Gordon Road. He stated that on September 18, 2014, the Development Review Division met regarding a proposed development of 65.02± acres along Gordon Road. The development, Merimac Estates, is being developed by Mr. Brad Pickard and falls under the design option RCSD-A (Rural Conservation Subdivision) with a base density of.5 units per acre; however, a higher density may be obtained if the developer chooses density bonus options. Mr. Tolleson reviewed those options with the Board and explained that the developer has chosen to donate approximately.58-acres of land that is approximately 25-foot wide by linear feet long for a community greenway. With the base allowable density, the subdivision could have thirty-two (32) lots. If the Board chooses to accept the greenway donation, the developer could gain an additional seven (7) lots (39 total); however, he is proposing thirty-five (35) lots. Administrator Fouts and Mr. Tolleson fielded questions from the Board regarding the additional right-of-way, maintenance, liability, the future Greenway Trail System, connectivity, previous greenway donations, and the current vegetative/natural state of the proposed greenway donation. The Board voted to accept a greenway donation of a.58-acre parcel of land (25-foot wide by linear feet long) along Gordon Road, subject to the following condition: 1. Sidewalks must connect the subdivision to the greenway. RESULT: APPROVED [UNANIMOUS] MOVER: Paul Poole, District 1 SECONDER: Al Smith, District 5 AYES: Poole, Lassetter, Blackburn, Brooks, Smith SUPPLEMENTAL AGENDA Motion To: Dirt Removal Approve the Supplemental Agenda with One Addition Regarding a Right-of-Entry for The Board voted to approve the Supplemental Agenda for discussion as presented by staff with one addition regarding a right-of-entry for dirt removal associated with the Video Visitation project at the Sheriff's Office. Coweta County Board of Commissioners Page 2 Printed 10/27/2014

3 Regular Meeting Session Minutes October 21, 2014 RESULT: APPROVED [UNANIMOUS] MOVER: Tim Lassetter, District 2 - Vice Chairman SECONDER: Rodney Brooks, District 4 AYES: Poole, Lassetter, Blackburn, Brooks, Smith PUBLIC COMMENT (Items on the Agenda) Comments Regarding Agenda Item # 12 (Unsafe Structure Loacted at 133 Canongate Circle, Sharpsburg) Mr. David Fowler, 135 Canongate Circle, Sharpsburg addressed the Board regarding agenda item # 12 (unsafe structure at 133 Canongate Circle). He expressed his concerns regarding three structures on the property and requested that the Board consider boarding up the dwelling, including demolition and removal of the home and two out-buildings. APPROVAL OF MINUTES 3. Minutes of Tuesday, October 07, 2014 The Board voted to approve the minutes from the Regular Meeting held on October 7, RESULT: APPROVED [UNANIMOUS] MOVER: Tim Lassetter, District 2 - Vice Chairman SECONDER: Rodney Brooks, District 4 AYES: Poole, Lassetter, Blackburn, Brooks, Smith CONSENT AGENDA Confirm Execution of Contract for Abatement Services and Demolition of the Old Jail The Board voted to confirm execution of a contract with Southern Environmental Services, Inc (SESI) to perform abatement services and demolition of the Old Jail at a total cost of $79, (previously awarded on a low bid basis on October 7, 2014). RESULT: MOVER: SECONDER: AYES: CONFIRMED [UNANIMOUS] Tim Lassetter, District 2 - Vice Chairman Bob Blackburn, District 3 - Chairman Poole, Lassetter, Blackburn, Brooks, Smith Confirm Temporary Closure of Crook and Chestlehurst Roads for Filming by Stalwart Films - 1st District The Board voted to confirm temporary closures of portions of Crook and Chestlehurst Roads on October 21, 2014 from 6:00 a.m. until 9:00 p.m. for filming by Stalwart Films. RESULT: CONFIRMED [UNANIMOUS] MOVER: Paul Poole, District 1 SECONDER: Tim Lassetter, District 2 - Vice Chairman AYES: Poole, Lassetter, Blackburn, Brooks, Smith UNFINISHED BUSINESS Request Appointments to Various Boards/Authorities The Board voted to make appointments to the following various boards/authorities: Coweta County Board of Commissioners Page 3 Printed 10/27/2014

4 Regular Meeting Session Minutes October 21, 2014 Ms. Sherri Babb as the 1 st District representative to the Board of Zoning Appeals for the term beginning January 1, 2015 and expiring December 31, 2017 Mr. Steve Swope as the 2 nd District representative to the Newnan-Coweta County Airport Authority for the term beginning January 1, 2015 and expiring December 31, 2018 Mr. Mike Barber as the 2 nd District representative to the Coweta County Convention and Visitors Bureau for the term beginning January 1, 2015 and expiring December 31, 2018 Ms. Norma Haynes as the 3 rd District representative to the Coweta County Convention and Visitors' Bureau for the term beginning January 1, 2015 and expiring December 31, 2018 Mr. Claude Vickers as the 3 rd District representative to the Coweta County Business License and Tax Rate Review Board for the term beginning January 1, 2015 and expiring December 31, 2018 RESULT: APPROVED [UNANIMOUS] MOVER: Bob Blackburn, District 3 - Chairman SECONDER: Rodney Brooks, District 4 AYES: Poole, Lassetter, Blackburn, Brooks, Smith NEW BUSINESS Bids and Contracts Request Approval/Execution of Contracts for Asphalt-Rubber Joint and Crack Seal The Board voted to retain Remac, Inc, on a low bid basis, to perform asphalt-rubber joint crack sealing on various County roadways (see scanned attachment) at a total cost of $59, (funded by SPLOST). RESULT: EXECUTED [UNANIMOUS] MOVER: Rodney Brooks, District 4 SECONDER: Tim Lassetter, District 2 - Vice Chairman AYES: Poole, Lassetter, Blackburn, Brooks, Smith Request Approval/Execution of Sheriff's Equitable Sharing Agreement The Board voted to execute the annual Equitable Sharing Agreement and Certification and the Existing Participant Affidavit for the Sheriff's Office. RESULT: EXECUTED [UNANIMOUS] MOVER: Tim Lassetter, District 2 - Vice Chairman SECONDER: Paul Poole, District 1 AYES: Poole, Lassetter, Blackburn, Brooks, Smith Additional Action Items Request Approval of Retirement Plan Amendments Assistant Administrator Mickle explained that staff is recommending amendments to the County's three (3) retirement plans. First, she explained that staff is requesting that the first proposed amendment related to the Salary Deferral Plan be deferred Coweta County Board of Commissioners Page 4 Printed 10/27/2014

5 Regular Meeting Session Minutes October 21, 2014 and presented for the Board's consideration at a future meeting. Second, in order to be compliant with IRS Notice , relating to the Supreme Court decision in the Windsor case overturning the Defense of Marriage Act (DOMA), staff requests that the Board approve amendments to the Group Pension Plan for Employees of Coweta County, the Salary Deferral Plan for Employees of Coweta County, and the Employee Matching Plan of Coweta County. The amendment adds a definition of spouse to include the person to whom the participant is legally married under the laws of the state of Georgia, except as it relates to minimum distribution requirements and rollovers. The definition of spouse as it relates to minimum distribution requirements and rollovers only shall include the person to whom the participant is legally married under the laws of the jurisdiction in which the marriage was performed. Lastly, on July 15, 2014, the Board executed a resolution to allow Employee Matching Plan participants to direct the investment of the matching funds. As this has already been approved by the Board, staff included it on the agenda in order to have the actual amendment made part of the official minutes. The Board voted to execute amendments to the County's three (3) retirement plans as presented by staff. RESULT: EXECUTED [UNANIMOUS] MOVER: Tim Lassetter, District 2 - Vice Chairman SECONDER: Paul Poole, District 1 AYES: Poole, Lassetter, Blackburn, Brooks, Smith Request Acceptance of Deed for the Senoia Recreation Facility Administrator Fouts explained that on March 5, 2013, the Board executed an Intergovernmental Agreement (IGA) with the City of Senoia related to a new recreation facility in Senoia to be named the Leroy Johnson Park. Under the terms of the IGA, the City would purchase approximately 50 (fifty) acres agreed upon by both the City and County. The City would then deed the property to the County, and the County would develop the new park in phases. The City has executed the deed to convey the new park property to the County. Staff is requesting that the Board accept this deed. The Board voted to accept a deed conveying property from the City of Senoia to Coweta County for development of the new Leroy Johnson Park. RESULT: APPROVED [UNANIMOUS] MOVER: Paul Poole, District 1 SECONDER: Tim Lassetter, District 2 - Vice Chairman AYES: Poole, Lassetter, Blackburn, Brooks, Smith Request Approval/Execution of Revision to Hazard Mitigation Grant Associated with Outdoor Warning Sirens Administrator Fouts explained that the Federal Emergency Management Agency (FEMA) originally approved a project for two (2) outdoor warning sirens at an estimated cost of $69, with a federal share of $51, When the total costs were tallied, Coweta submitted a scope of work change to FEMA in the Hazard Mitigation Grant Program Project # The revision submitted by the County reflected actual costs totaling $77, with a federal share of $58, FEMA has granted approval of the actual cost for the sirens and awarded Coweta County an additional $6, Staff is requesting that the Board execute revised Coweta County Board of Commissioners Page 5 Printed 10/27/2014

6 Regular Meeting Session Minutes October 21, 2014 grant documents related to the outdoor warning siren project for submission to FEMA. The Board voted to execute revised grant documents related to the outdoor warning siren project for submission to FEMA. RESULT: EXECUTED [UNANIMOUS] MOVER: Tim Lassetter, District 2 - Vice Chairman SECONDER: Paul Poole, District 1 AYES: Poole, Lassetter, Blackburn, Brooks, Smith Request Approval to Board Up Unsafe Structure, Remove All Trash/Debris, and Place Associated Lien for Property Located at 133 Cannongate Circle - 4th District Administrator Fouts explained that in July 2014 the County received a complaint concerning property located at 133 Canongate Circle. The Building Department, Environmental Health Department and the County Fire Marshal have declared the structure unsafe. In accordance with the County s Article III of the Code of Ordinances (unsafe buildings), a hearing was held, and an Order to Comply was issued on August 21, The owner/representative of the property was ordered to: a) make all necessary repairs and remove all trash and debris, or b) board up structure and remove all trash and debris. The work was to be completed by September 20, 2014, and as of the current date, no work has been accomplished. Staff recommends that the dwelling be boarded up and all trash/debris be removed at an approximate cost of $ Staff further recommends that the detached garage/shed also be boarded up at an approximate cost of $195.16, and that a lien be placed on the property to recover the County's expenditures. Administrator Fouts fielded questions from the Board regarding a third out-building/barn located on the property. Commissioner Brooks questioned how long the property had been vacant. Mr. David Fowler, 135 Canongate Circle, Sharpsburg stated that the property was vacated in February He also stated that the third building is a barn, which is located 14-feet from his property line. Because the structure is located so close to his property, his chief problem is with rodent infestation. At the minimum, he would like to see the barn removed from the property. Assistant Attorney Lee explained that if the Board is considering demolition and removal of the barn, the unsafe structure process would need to be re-initiated if the barn was not inspected by staff at the same time as the other two structures. The Board voted to instruct staff to board-up the house/dwelling and a detached garage/shed located at 133 Canongate Circle, to remove all trash and debris, and to place a lien on said property to recoup the costs ($625.06) expended by the County. The Board further instructed staff to inspect the third out-building/barn to determine if it is unsafe and to report their findings and recommendations to the Board at a future meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Rodney Brooks, District 4 SECONDER: Bob Blackburn, District 3 - Chairman AYES: Poole, Lassetter, Blackburn, Brooks, Smith Request Approval to Utilize County Roads for the Third Annual Cupid Chase Coweta County Board of Commissioners Page 6 Printed 10/27/2014

7 Regular Meeting Session Minutes October 21, 2014 The Board voted to approve use of the County rights-of-way on February 7, 2015 from 8:00 a.m. until 10:00 a.m. for the third annual Cupid Chase. RESULT: APPROVED [UNANIMOUS] MOVER: Al Smith, District 5 SECONDER: Paul Poole, District 1 AYES: Poole, Lassetter, Blackburn, Brooks, Smith SUPPLEMENTAL AGENDA ITEMS Request from the Cystic Fibrosis Foundation to Hold a Charity Bike Ride The Board voted to approve use of County rights-of-way along Roscoe, Macedonia, Newton, Old Carrollton, Sewell Mill, Jim Starr, Happy Valley Circle, Hal Jones and Tommy Lee Cook Roads and the parking lot of Fire Station # 14 for the Cystic Fibrosis Foundation "Cycle for Life" bike ride on November 8, 2014 from 8:00 a.m. until 4:00 p.m. RESULT: APPROVED [UNANIMOUS] MOVER: Al Smith, District 5 SECONDER: Tim Lassetter, District 2 - Vice Chairman AYES: Poole, Lassetter, Blackburn, Brooks, Smith Request Approval/Execution of Dirt Removal Easement Associated with the Video Visitation Project at the Sheriff's Office The Board voted to execute a Right-of-Entry with Woodie Wood, Jr for dirt removal for use at the Sheriff's Office, contingent upon approval of the soil suitability by the geotechnical engineer for the Video Visitation project. RESULT: MOVER: SECONDER: AYES: EXECUTED [UNANIMOUS] Tim Lassetter, District 2 - Vice Chairman Bob Blackburn, District 3 - Chairman Poole, Lassetter, Blackburn, Brooks, Smith PUBLIC COMMENT (Items Not on the Agenda) Public Comments Regarding Items Not on the Agenda Mr. Javier Garcia introduced himself to the Board. He explained that he is the current Police Chief and Interim City Manager for the City of Grantville, and he looks forward to working with Coweta County. Mr. Simon Rutman, 82 Kingsbrooke Circle, Palmetto addressed the Board regarding ambulance service. He offered his support and opinions regarding providing emergency transport services in-house. Commissioner Poole stated that the Environmental Protection Agency (EPA) is proposing changes that would affect water located on properties throughout the State of Georgia. Currently, navigable tributaries/bodies of water crossing property are protected as "Waters of the U.S.". The proposed changes to the EPA's rules and regulations would also apply to non-navigable tributaries/water. This could place undo restrictions/hardships on property owners. He stated that he wants everyone to be aware that these changes are being proposed by the EPA. EXECUTIVE SESSION Motion To: Enter Into Executive Session Coweta County Board of Commissioners Page 7 Printed 10/27/2014

8 Regular Meeting Session Minutes October 21, 2014 The Board voted to enter into Executive Session for the purposes of discussing real estate and litigation issues. Members in attendance included Chairman Blackburn, Commissioner Lassetter, Commissioner Smith, Commissioner Poole and Commissioner Brooks. Staff members in attendance included Administrator Fouts, Associate Administrator Whitlock, Assistant Administrator Mickle, Assistant Attorney Lee and Deputy County Clerk Zerangue. RESULT: APPROVED [UNANIMOUS] MOVER: Tim Lassetter, District 2 - Vice Chairman SECONDER: Rodney Brooks, District 4 AYES: Poole, Lassetter, Blackburn, Brooks, Smith REGULAR SESSION Motion To: Return to Regular Session AFFIDAVIT The Board discussed real estate and litigation issues during Executive Session and voted to return to Regular Session. RESULT: APPROVED [UNANIMOUS] MOVER: Al Smith, District 5 SECONDER: Tim Lassetter, District 2 - Vice Chairman AYES: Poole, Lassetter, Blackburn, Brooks, Smith Motion To: Execute the Affidavit and Resolution for Executive The Board voted to execute the Affidavit and Resolution for Executive Session. RESULT: EXECUTED [UNANIMOUS] MOVER: Al Smith, District 5 SECONDER: Paul Poole, District 1 AYES: Poole, Lassetter, Blackburn, Brooks, Smith Motion To: Accept Proposal Related to Flooring Dispute at Fire Station # 9 The Board voted to accept a proposal from South-Tree Enterprises, Inc associated with a dispute over the flooring materials at Fire Station # 9 (Corinth Road). RESULT: APPROVED [UNANIMOUS] MOVER: Tim Lassetter, District 2 - Vice Chairman SECONDER: Rodney Brooks, District 4 AYES: Poole, Lassetter, Blackburn, Brooks, Smith ADJOURNMENT Motion To: Adjourn The Board voted to adjourn the meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Tim Lassetter, District 2 - Vice Chairman SECONDER: Rodney Brooks, District 4 AYES: Poole, Lassetter, Blackburn, Brooks, Smith Coweta County Board of Commissioners Page 8 Printed 10/27/2014

9 1 Zoning To: Coweta County Board of Commissioners From: Angela White, Zoning Administrator Date: 9/30/2014 RE: Variance from Article 21. Section 212 B Item 1. A. ii & iii Paul Mussell Lot 18F Shoal Creek Forest Subdivision 1.36±acres Petition # ZA Tax I.D. # 145A 076 4th Commission District Petition # ZA filed by Paul Mussell requesting the following variances associated with Lot 18F located in the Shoal Creek Forest Subdivision: A. 50 ft. reduction request from the required 100 County Undisturbed Stream Buffer B. 100 ft reduction request from the required 150 Impervious Setback C. 35 ft. reduction request from the required 100 County Undisturbed Stream Buffer D. 85 ft. reduction request from the required 150 Impervious Setback Discussion Mapledale Street, inside the Shoal Creek Forest Subdivision was recorded in February To date, this phase of the development is built out with the exception of the subject property. When reviewing all the regulations of the Georgia Environmental Protection Division which Coweta County acknowledges within its own Ordinances, an important consideration is that the development is located within the Shoal Creek Watershed Protection District. This requirement looks at setbacks, buffers and septic system regulations that are guided by the State requirements. The stream locations within this parcel are such that any house and/or septic system cannot be placed on the site while meeting the State defined requirements. Updated: 10/6/2014 2:07 PM by Shannon Zerangue A Page 1 Packet Pg. 9

10 1 Petition (ID # 3176) Meeting of October 21, 2014 Recommendation The Planning Department is recommending denial of the variance request for the following reasons: 1) Based on staff comments, a variance from the requirements of this ordinance will reduce the protections that are provided to this water supply watershed. 2) Based on staff comments, even if a variance were to be approved, consideration has not been given to the impact of the grading and site preparation on the watershed district. 3) Residential lots require the placement of a septic system on the property, under the State regulations; this lot does not have a site that can meet the requirements for placement. Tabled 10/2/2014 6:00 PM HISTORY: 10/02/14 Board of Zoning Appeals RECOMMEND DENIAL RESULT: RECOMMEND DENIAL [UNANIMOUS] MOVER: Sherri T. Babb, District 1 SECONDER: Billy Cranford, District 4 AYES: Billy Cranford, George "Kett" Harper, Sherri T. Babb RESULT: WITHDRAWAL APPROVED BY VOTE [UNANIMOUS] MOVER: Rodney Brooks, District 4 SECONDER: Paul Poole, District 1 AYES: Poole, Lassetter, Blackburn, Brooks, Smith Updated: 10/6/2014 2:07 PM by Shannon Zerangue A Page 2 Packet Pg. 10

11 1.a To: Coweta County Board of Zoning Appeals 22 East Broad Street Newnan, GA Fax From: Angela B. White, Zoning Administrator Subject: Variance from Article 21. Section 212 B Item 1. A. ii & iii Paul Mussell Lot 18F Shoal Creek Forest Subdivision 1.36±acres Petition # ZA Tax I.D. # 145A 076 4th Commission District Date: September 18, 2014 The subject property is located at Lot 18F, Shoal Creek Forest Subdivision. In addition, it is located in the Shoal Creek Watershed Protection District. There are two streams affecting the property; one running east to west in the center of the property, and one running at an angle along the northwest corner. The variances requested are as follows: ft. reduction request from the required 100 County Undisturbed Stream Buffer ft reduction request from the required 150 Impervious Setback ft. reduction request from the required 100 County Undisturbed Stream Buffer ft. reduction request from the required 150 Impervious Setback According to the applicant, without the 4 above mentioned variances, the lot will not be buildable. Brief descriptions of staff comments regarding this request are as follows: Tax Assessors There are no taxes due at this time. Building Department After reviewing the submitted information, we do not have a problem with this request. The building must meet all building code requirements. Attachment: BOZA Report ZA (3176 : ZA Mussell, Paul - Variance Request) Development Review After review of the above application and conceptual site plan the Development Review Division would like to offer following: Packet Pg. 11

12 1.a 1. This lot was platted in February of 1980 and is consider a lot of record by definition in the Zoning and Development Ordinance. 2. At the time the lot was created the stream setbacks for both streams would not have been greater than 25-feet. In conclusion, have no objection to the granting of this variance. Environmental Health Department This lot is required to follow the 150 feet setback rule for new septic systems as it pertains to state waters/watershed regulations. The septic systems proposed for this lot do not meet this requirement. Transportation & Engineering This department has reviewed the application for a variance that was submitted for parcel 145A 076 located on Mapledale Trail, otherwise identified as lot 18F of Shoal Creek Forest Subdivision. The ordinance for which this variance has been requested, Article 21B, Section 212B, Item 1. A (i), (ii) & (iii), require undisturbed buffers for 100 feet on both sides of a stream, impervious buffer for 150 feet on both sides of a stream, and precludes the placement of septic tanks or drainfields within 150 feet of a stream. The requirements of this ordinance were intended to provide protections from the pollution of stream that flow into drinking water reservoirs or public water supply intakes. Undisturbed and natural buffers filter stormwater runoff and reduce erosion and sedimentation. Impervious and septic buffers provide for increased infiltration of runoff, reduce flooding, and reduce the potential for contamination of streams. A variance from the requirements of this ordinance will reduce the protections that are provided to this water supply watershed. In addition, the clearing, grading, and other site work that would be necessary are not accounted for on the proposed site plan. If this site were to be developed, the setbacks and buffers are such that the clearing & grading site work would be directly impacting the stream. Therefore, this department recommends for denial of the requested variances based upon the detrimental impacts to the water supply watershed that could result from the proposed site development. Planning Department Mapledale Street, inside the Shoal Creek Forest Subdivision was recorded in February To date, this phase of the development is built out with the exception of the subject property. When reviewing all the regulations of the Georgia Environmental Protection Division which Coweta County acknowledges within its own Ordinances, an important consideration is that the development is located within the Shoal Creek Watershed Protection District. This requirement looks at setbacks, buffers and septic system regulations that are guided by the State requirements. The stream locations within this parcel are such that any house and/or septic system cannot be placed on the site while meeting the State defined requirements. Attachment: BOZA Report ZA (3176 : ZA Mussell, Paul - Variance Request) Packet Pg. 12

13 1.a The consideration of a Variance Request must be viewed through the following seven factors as provided for under Article 28, Section of the Coweta County Zoning and Development Ordinance: 1. Whether the variance will permit a use that is suitable in view of the use and development of adjacent and nearby property. Response: The applicant request to place a single family residence on Lot 18F in the Shoal Creek Forest subdivision.. In addition to the setbacks and buffer requirements, the site is not suited to meet the requirements of a septic system under the current State regulations. 2. Whether the variance will adversely affect the existing use or usability of adjacent or nearby property. Response: There will be no impact on the adjoining neighborhood in relation to a home being located within the neighborhood. However, it is important to note that the subject property has 2 streams, one located in the center and the other on the northwest corner of the property. These streams and their relationship to the Watershed Protection District have the potential to have a negative impact on the water basin, thus having an adverse effect. 3. Whether or not the special circumstances contribute to the request is peculiar to the particular property involved. Response: The 2 stream banks and the required stream buffers/setbacks within the watershed protection district provide a challenge to the placement of a residence on this lot. However, the consideration of the overall watershed protection district and its related requirements are of importance to all those impacted by the district. Another major issue with this lot is its inability to contain a septic system within the parcel due to the watershed protection requirements passed down from the State. 4. Whether the variance will result in a use, which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools. Response: N/A 5. Whether there is other existing or changing conditions affecting the use and development of the property, which gives supportive grounds for either approval, or disapproval of the variance. Response: As noted, the development has been established since February 1980 s. While the requirements were limited to 25 feet setbacks, the State of Georgia requirements have increased while trying to protect water supplies throughout Georgia. Considering the location of the 2 streams, the expertise of the County Engineer, and the inability to place a septic system on the lot, it would suggest that disapproval of the variance is in order. Attachment: BOZA Report ZA (3176 : ZA Mussell, Paul - Variance Request) Packet Pg. 13

14 1.a 6. Whether or not the situation for which the request is being made poses and unnecessary hardship for the applicant. Response: It is important to note that from the time of development plan review, the known factor has been the watershed protection district boundaries and the buffer/setback requirements. While protection of property rights is important, this property was originally denoted with streams on the sight prior to any marketing of the property for development, thus explaining the 34+ years of vacancy on the property. 7. Whether or not the request is due to an intentional action of the applicant to violate the requirements of this ordinance. Response: No Recommendation The Planning Department is recommending denial of the variance request for the following reasons: 1) Based on staff comments, a variance from the requirements of this ordinance will reduce the protections that are provided to this water supply watershed. 2) Based on staff comments, even if a variance were to be approved, consideration has not been given to the impact of the grading and site preparation on the watershed district. 3) Residential lots require the placement of a septic system on the property, under the State regulations; this lot does not have a site that can meet the requirements for placement. The Public Hearing for this request is scheduled for Thursday October 2, 2014, at 6:00 P.M. at the Asa Powell Sr. Expo Center, 197 Temple Avenue, Newnan, Georgia. A final decision by the Board of Commissioners will tentatively be given at 6:00 PM on October 21, 2014 in the Commission Meeting Room, 2 nd floor of the County Administration Building, 37 Perry Street, Newnan, GA The applicant or his/her designated representative is recommended to be present at the Public Hearing. Attachment: BOZA Report ZA (3176 : ZA Mussell, Paul - Variance Request) C: Paul Mussell Packet Pg. 14

15 1.b Attachment: signed application for variance of stream setbacks (3176 : ZA Mussell, Paul - Variance Request) Packet Pg. 15

16 Packet Pg. 16 Attachment: 2955BUFFERVAR (3176 : ZA Mussell, Paul - Variance Request) 1.c

17 2 Zoning To: Coweta County Board of Commissioners From: Angela White, Zoning Administrator Date: 10/14/2014 RE: Present Donation of Merimac Estates Subdivision Greenway Donation at Gordon Road from Brad Pickard Summary: On September 18 th, the Development Review Division, of the Coweta County Planning Department, had a pre-submittal meeting for the proposed development of acres along Gordon Road. Merimac Estates, which is being developed by Brad Pickard, falls under the design option of RCSD-A (One Acre Cluster). Rural Conservation Subdivisions (Article 7 Section 73.2) have a base (allowable) density of 0.5 units per acre; however a higher density may be obtained if the developer chooses density bonus options. These options include: a. Submittal of an affidavit certifying that all of the residential units will be 150% of the minimum heated floor area requirement. Density bonus for this option shall be units per Net Development Acreage. b. Submittal of an affidavit certifying that all units will meet certification standards of the Earth Craft House certification program. Density bonus for this option shall be units per Net Development Acreage. c. Submittal of an affidavit certifying that all residential units will be clad with masonry exterior finishes on 67% or more of each wall and with 100% architectural roofing shingles. Qualifying cladding materials include brick and stone. Cultured stone products may also qualify as a cladding material if the product authentically replicates the color and texture of real stone and is approved by the Building Department. Density bonus for this option shall be units per Net Development Acreage. d. Passive recreation improvements that allow neighborhood access to 75% or more of required open space acreage, excluding open space used for decentralized sewer. Qualifying facilities include the following in combination or singly to meet the 75% involvement threshold: soft-surface trails if directly accessible from 100% of the residential units; play areas with bike racks, observation decks, picnic areas, board walks, Audubon certified golf courses, neighborhood park. Density bonus for this option shall be units per Net Development Acreage. e. A donation of land for one of the following public service facilities may be eligible for an increased density per net acre: a public school, a fire station, a precinct facility for Updated: 10/15/2014 2:56 PM by Shannon Zerangue A Page 1 Packet Pg. 17

18 2 Action Item (ID # 3218) Meeting of October 21, 2014 law enforcement, a library, or community greenway facility as set forth in the Coweta County Greenway Plan. Use of this credit must be approved by the Coweta County Board of Commissioners. Density bonus for this option shall be based upon a ratio of one (1) additional unit per 130 linear feet of greenway donation and/or a ratio of one (1) additional unit per acre of land donation for other public facilities. The bonus the developer of Merimac Estates has chosen to take advantage of is option (e), the donation of land for a public service facility. With the base allowable density the subdivision could have 32 lots. If the Board chooses to approve the greenway donation, then the developer could gain an additional 7 lots for a total of 39 lots. The developer is proposing 35 lots. The donation of land by a developer for use as a public service facility requires the approval of the Board of Commissioners. Brad Pickard is proposing to donate a 25ft. wide strip that is linear feet along Gordon Road. This roadway is specified on the County s Greenway Master Plan as future soft surface multi-use trails. The linear footage and acreage of the proposed donation is as follows: Gordon Road Total Acreage acres Linear Footage linear feet This proposed donation has been reviewed by the Transportation and Engineering Department. The Engineering Department had no issues with the request. Recommendation: The Planning Department recommends that the Board of Commissioners accept the greenway donation with the following condition: 1.) Sidewalks must connect the subdivision to the greenway. If accepted, the donation will contribute to the connection between the towns of Moreland and Haralson. Please place this item on the agenda for the October 21, 2014 regular meeting of the Coweta County Board of Commissioners. Updated: 10/15/2014 2:56 PM by Shannon Zerangue A Page 2 Packet Pg. 18

19 2.a INTER OFFICE To: From: Coweta County Board of Commissioners Robert L. Tolleson, Division Director of Planning and Development Date: October 14, 2014 RE: MEMO Issue Paper for Brad Pickard- Merimac Estates Subdivision Greenway Donation at Gordon Road Issue: To present the donation of land from Brad Pickard to the Board for consideration. Summary: On September 18 th, the Development Review Division, of the Coweta County Planning Department, had a pre-submittal meeting for the proposed development of acres along Gordon Road. Merimac Estates, which is being developed by Brad Pickard, falls under the design option of RCSD-A (One Acre Cluster). Rural Conservation Subdivisions (Article 7 Section 73.2) have a base (allowable) density of 0.5 units per acre; however a higher density may be obtained if the developer chooses density bonus options. These options include: a. Submittal of an affidavit certifying that all of the residential units will be 150% of the minimum heated floor area requirement. Density bonus for this option shall be units per Net Development Acreage. b. Submittal of an affidavit certifying that all units will meet certification standards of the Earth Craft House certification program. Density bonus for this option shall be units per Net Development Acreage. c. Submittal of an affidavit certifying that all residential units will be clad with masonry exterior finishes on 67% or more of each wall and with 100% architectural roofing shingles. Qualifying cladding materials include brick and stone. Cultured stone products may also qualify as a cladding material if the product authentically replicates the color and texture of real stone and is approved by the Building Department. Density bonus for this option shall be units per Net Development Acreage. d. Passive recreation improvements that allow neighborhood access to 75% or more of required open space acreage, excluding open space used for decentralized sewer. Qualifying facilities include the following in combination or singly to meet the 75% involvement threshold: soft-surface trails if directly accessible from 100% of the residential units; play areas with bike racks, observation decks, picnic areas, board walks, Audubon certified golf courses, neighborhood park. Density bonus for this option shall be units per Net Development Acreage. e. A donation of land for one of the following public service facilities may be Attachment: Merimac Estates Greenway Donation Issue paper (3) (3218 : Greenway Donation - Merimac Estates) Packet Pg. 19

20 2.a eligible for an increased density per net acre: a public school, a fire station, a precinct facility for law enforcement, a library, or community greenway facility as set forth in the Coweta County Greenway Plan. Use of this credit must be approved by the Coweta County Board of Commissioners. Density bonus for this option shall be based upon a ratio of one (1) additional unit per 130 linear feet of greenway donation and/or a ratio of one (1) additional unit per acre of land donation for other public facilities. The bonus the developer of Merimac Estates has chosen to take advantage of is option (e), the donation of land for a public service facility. With the base allowable density the subdivision could have 32 lots. If the Board chooses to approve the greenway donation, then the developer could gain an additional 7 lots for a total of 39 lots. The developer is proposing 35 lots. The donation of land by a developer for use as a public service facility requires the approval of the Board of Commissioners. Brad Pickard is proposing to donate a 25ft. wide strip that is linear feet along Gordon Road. This roadway is specified on the County s Greenway Master Plan as future soft surface multi-use trails. The linear footage and acreage of the proposed donation is as follows: Gordon Road Total Acreage 0.58 acres Linear Footage linear feet This proposed donation has been reviewed by the Transportation and Engineering Department. The Engineering Department had no issues with the request. Recommendation: The Planning Department recommends that the Board of Commissioners accept the greenway donation with the following condition: 1.) Sidewalks must connect the subdivision to the greenway. If accepted, the donation will contribute to the connection between the towns of Moreland and Haralson. Please place this item on the agenda for the October 21, 2014 regular meeting of the Coweta County Board of Commissioners. Cc: Michael Fouts, County Administrator Sandra Parker, Comprehensive Planner Tavores Edwards, Transportation Manager Tod Handley, Director, Transportation and Engineering Jerry Ann Connor, County Attorney Development Review File Attachment: Merimac Estates Greenway Donation Issue paper (3) (3218 : Greenway Donation - Merimac Estates) Packet Pg. 20

21 2.b September 24, 2014 Mr. Robert Tolleson Coweta County Planning Dept. 22 East Broad St. Newnan, GA Re: Merimac Estates Preliminary Plat Greenway donation Dear Mr. Tolleson, This letter is written on behalf of Brad Pickard, developer of the proposed Merimac Estates Subdivision. This project is located on Gordon Road in Land Lot 140, District 1. The total area of the site is acres and will be developed in accordance with the rural conservation zoning RCSD-A. The project will include 35 lots with a minimum area of 1.0 acre. The remaining area will be permanently designated as open space and will be maintained by a mandatory homeowner s association. As a part of this project, we are proposing to donate a 25 wide strip of greenway along Gordon Road. The greenway donation is 994-feet long and includes a total area of 0.58 acres. Dedication of the greenway will qualify the project for a density bonus equal to one (1) additional unit per 130 linear feet of greenway. Attached is a diagram showing the location of the proposed greenway donation and typical cross sections of the right of way. We are requesting that this greenway donation be considered for acceptance by the Coweta County Board of Commissioners. If you have any questions or need additional information, please contact me at (770) Sincerely, Neal Spradlin, P.E. Attachment: Merimac Estates_Greenspace Donation - Request (3218 : Greenway Donation - Merimac Estates) Packet Pg. 21

22 2.b Attachment: Merimac Estates_Greenspace Donation - Request (3218 : Greenway Donation - Merimac Estates) Packet Pg. 22

23 2.b Attachment: Merimac Estates_Greenspace Donation - Request (3218 : Greenway Donation - Merimac Estates) Packet Pg. 23

24 2.b Attachment: Merimac Estates_Greenspace Donation - Request (3218 : Greenway Donation - Merimac Estates) Packet Pg. 24

25 2.b Attachment: Merimac Estates_Greenspace Donation - Request (3218 : Greenway Donation - Merimac Estates) Packet Pg. 25

26 4 Administration To: Coweta County Board of Commissioners From: Shannon Zerangue, Exec. Asst./Deputy County Clerk Date: 10/17/2014 RE: Contract for Abatement Services and Demolition of the Old Jail Issue: Contract for Abatement Services and Demolition of the Old Jail Discussion: At the October 7, 2014 Commission meeting the Board voted to retain Southern Environmental Services, Inc. (SESI), on a low bid basis, to perform abatement services and demolition of the Old Jail for a total cost of $79, Staff is in receipt of a contract and required documents from SESI to perform the necessary services. FINANCIAL IMPACT: $79,880 Recommendation: Staff recommends that the Board confirm execution of a contract with Southern Environmental Services, Inc. to perform abatement services and demolition of the Old Jail. Updated: 10/17/2014 3:26 PM by Shannon Zerangue Page 1 Packet Pg. 26

27 5 Event Services To: Coweta County Board of Commissioners From: Tray Baggarly, Event Services Director Date: 10/16/2014 RE: Temporary Closure of Crook and Chestlehurst Roads for Filming by Stalwart Films - 1st District Issue: Request to temporarily close Crook Road and a portion of Chestlehurst Road on October 21, 2014 Discussion: Stalwart Films would like to close all of Crook Road on October 21, 2014 for filming of The Walking Dead. In addition, they request to close the south curb lane of Chestlehurst Road, between Chestlehurst Way and Cody Trail, on that same day. Both closings would be between hours of 6 a.m. and 9 p.m. on October 21, Recommendation: Staff recommends approval of the request to close Crook Road and the south curb lane of Chestlehurst Road from 6 a.m. to 9 p.m. on Tuesday, October 21, 2014 for filming by Stalwart Films. All required paperwork has been submitted and deputies have been hired to man the closings. Area residents will be notified of the closing by mail and the school bus office notified as well. Updated: 10/17/2014 8:43 AM by Shannon Zerangue Page 1 Packet Pg. 27

28 6 Administration To: Coweta County Board of Commissioners From: Shannon Zerangue, Exec. Asst./Deputy County Clerk Date: 10/16/2014 RE: Request Board/Authority Appointments Issue: Miscellaneous Board/Authority Appointments Discussion: There are several Boards and Authorities that need appointments. Recommendation: Staff recommends that the Board consider nominations and appointments to various boards/authorities. Updated: 10/16/2014 9:35 AM by Shannon Zerangue Page 1 Packet Pg. 28

29 6.a TO: FROM: Michael Fouts Debbie Pike DATE: October 8, 2014 SUBJECT: Expired or Expiring Appointments to Boards/Authorities by District The following is a list of expired or soon to expire appointments to various County Boards/Authorities. 1 st District Residential Care Facilities Lawson Eugene Chesnut (Deceased) 06/18/2018 Board of Zoning Appeals Sherri T. Babb 12/31/ nd District Airport Authority Steve Swope 12/31/2014 Animal Control Board Judi Conger 12/31/2014 Business License & Tax Rate Review & Appeal Board Kay Cawthon 12/31/2014 Convention & Visitors Bureau Mike Barber 12/31/2014 Library System Board of Trustees Marianne Thomasson 12/31/ rd District Animal Control Board Libby Parham 12/31/2014 Business License & Tax Rate Review & Appeal Board Claude Vickers 12/31/2014 Convention & Visitors Bureau Norma Haynes 12/31/ th District Dept of Family & Children Svcs Karen Turley (Resigned 2/14/14) 06/30/2017 Residential Care Facilities Bobby Welch 06/18/2012 Library System Board of Trustees Jeffrey Jay Moore 12/31/2014 At Large Building Division Review Board Tom Little (County Emp-Not Bldg) 10/02/2011 Mac McKinney (Home Bldr s Assn) 10/02/2011 Don Porter (Home Owner) 10/02/2011 Coweta-Fayette-Meriwether Joint Development Authority Mike Barber 12/31/2014 Mental Health/Dev Disabilities John Thompson (resigned) 06/13/2013 Attachment: Expiring Appointments.2014Oct08 (3204 : Board/Authority Appointments) Pathways Arlena Alford 06/30/2009 Dr. Zane Scarborough 06/30/2014 New Position EMS Chuck Thompson, AMR 06/30/2013 Library System Board of Trustees Norma Haynes 12/31/2014 Packet Pg. 29

30 7 Transportation & Engineering To: Coweta County Board of Commissioners From: Tod Handley, Director of Transportation and Engineering Date: 10/14/2014 RE: Asphalt-Rubber Joint and Crack Seal on Various County Roads RB14.5 Commission Districts 2, 3 & 4 Issue: Approval/Execution of contract for Asphalt-Rubber Joint and Crack Seal on Various County Roads. Discussion: Bids were solicited for the performance of Asphalt-Rubber Joint and Crack Seal on various county roadways. This work includes filling and sealing cracks in existing pavements with rubber asphalt mixtures. Bids were received from four (4) contractors. The following bids were received: Remac, Inc. $59, Ann Seal, Inc. $61, Interstate Sealant and Concrete, Inc. $69, C & C Asphalt Maintenance, LLC $156, Based upon the bids that were received, Remac, Inc. provided the lowest bid at $59, FINANCIAL IMPACT: The approval of this contract will affect the SPLOST budget by $59, /21/ SPLOST ($59,754.03) Recommendation: Staff recommends that the Board authorize the execution of this contract. Updated: 10/17/2014 2:44 PM by Shannon Zerangue Page 1 Packet Pg. 30

31 7.a Attachment: Road Details (3213 : Contracts for Asphalt-Rubber Joint and Crack Seal) Packet Pg. 31

32 7.b Asphalt-Rubber Joint and Crack Seal RB14.5 Contractor Bid Tabulations Remac, Inc. Ann Seal, Inc. ItemNumber Description Unit Quantity Unit Cost Total Cost Unit Cost Total Cost TRAFFIC CONTROL LS 1 5, , , , ASPHALT-RUBBER JOINT AND CRACK SEAL (TYPE M) CLM 23 2, , , , Total Bid Price $59, $61, Attachment: BID TABULATIONS-Asphalt-Rubber Joint & Crack Seal (3213 : Contracts for Asphalt-Rubber 1of2 Packet Pg. 32

33 7.b Contractor ItemNumber Description TRAFFIC CONTROL ASPHALT-RUBBER JOINT AND CRACK SEAL (TYPE M) Total Bid Price Asphalt-Rubber Joint and Crack Seal RB14.5 Bid Tabulations Interstate Sealant & Concrete, Inc. C&C Maintenance Unit Cost Total Cost Unit Cost Total Cost 6, , , , , , , , , , $69, , Attachment: BID TABULATIONS-Asphalt-Rubber Joint & Crack Seal (3213 : Contracts for Asphalt-Rubber 2of2 Packet Pg. 33

34 7.c Attachment: Description of Work (3213 : Contracts for Asphalt-Rubber Joint and Crack Seal) Packet Pg. 34

35 8 Administration To: Coweta County Board of Commissioners From: Shannon Zerangue, Exec. Asst./Deputy County Clerk Date: 10/16/2014 RE: Equitable Sharing Agreement and Certification for the Sheriff's Office Issue: Execution of the annual Equitable Sharing Agreement and Certification Discussion: The Sheriff s office has completed the annual Equitable Sharing Agreement and Certification. Sheriff Yeager is requesting execution of the agreement. FINANCIAL IMPACT: n/a Recommendation: Staff recommends execution of the annual Equitable Sharing Agreement and Certification for the Sheriff s Office. Updated: 10/16/ :44 AM by Shannon Zerangue Page 1 Packet Pg. 35

36 8.a Attachment: Equitable Sharing Agreement.CCSO (3207 : Equitable Sharing Agreement - CCSO) Packet Pg. 36

37 8.a Attachment: Equitable Sharing Agreement.CCSO (3207 : Equitable Sharing Agreement - CCSO) Packet Pg. 37

38 8.a Attachment: Equitable Sharing Agreement.CCSO (3207 : Equitable Sharing Agreement - CCSO) Packet Pg. 38

39 8.a Attachment: Equitable Sharing Agreement.CCSO (3207 : Equitable Sharing Agreement - CCSO) Packet Pg. 39

40 8.a Attachment: Equitable Sharing Agreement.CCSO (3207 : Equitable Sharing Agreement - CCSO) Packet Pg. 40

41 8.a Attachment: Equitable Sharing Agreement.CCSO (3207 : Equitable Sharing Agreement - CCSO) Packet Pg. 41

42 9 Administration To: Coweta County Board of Commissioners From: Kelly Mickle, Assistant Administrator Date: 10/17/2014 RE: Approval of Retirement Plan Amendments Issue: Approval of Retirement Plan Amendments Discussion: Staff is proposing amendments to the three County retirement plans, as follows: The first amendment relates to the Salary Deferral Plan for Employees of Coweta County and would allow Group Pension Plan participants to defer their salaries into the Salary Deferral Plan. Currently, Group Pension Plan participants are excluded from the Salary Deferral Plan. There would be no matching contributions from the County for these participants, as they will receive a pension from the Group Pension Plan. Second, in order to be compliant with IRS Notice , relating to the Supreme Court decision in the Windsor case overturning the Defense of Marriage Act (DOMA), staff requests that the Board approve amendments to the Group Pension Plan for Employees of Coweta County, the Salary Deferral Plan for Employees of Coweta County, and the Employee Matching Plan of Coweta County. The amendment adds a definition of spouse to include the person to whom the participant is legally married under the laws of the state of Georgia, except as it relates to minimum distribution requirements and rollovers. The definition of spouse as it relates to minimum distribution requirements and rollovers only shall include the person to whom the participant is legally married under the laws of the jurisdiction in which the marriage was performed. Finally, the Board previously approved a resolution to allow Employee Matching Plan participants to direct the investment of the matching funds. As this has already been approved by the Board, staff included it on the agenda in order to have the actual amendment made part of the official minutes. Recommendation: Staff recommends the Board approve the amendments to the County s retirement plans as presented. Updated: 10/21/ :05 AM by Shannon Zerangue Page 1 Packet Pg. 42

43 9.a A RESOLUTION BY THE BOARD OF COMMISSIONERS OF COWETA COUNTY, GEORGIA The Board of Commissioners of Coweta County, Georgia (the County ), a political subdivision of the State of Georgia, acting pursuant to and in accordance with the appropriate provisions of state law and local legislation adopted by the General Assembly of the State of Georgia, hereby adopt the following resolution in a duly called and open meeting: WHEREAS, the County sponsors the Group Pension Plan for Employees of Coweta County, Georgia (the Pension Plan ), the Employee Matching Plan of Coweta County, Georgia (the Matching Plan ) and the Salary Deferral Plan for Employees of Coweta County, (the Salary Deferral Plan ) for the benefit of its eligible employees (collectively, the Retirement Plans ); WHEREAS, the Employer must amend each of the Retirement Plans to comply with IRS Notice , relating to the Supreme Court decision in the Windsor case overturning the Defense of Marriage Act ( DOMA ); WHEREAS, the County may amend the Retirement Plans at any time under Section 14.1 of the Matching Plan, Section 10.1 of the Salary Deferral Plan and Section 7.1 of the Pension Plan. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Coweta County, Georgia hereby authorizes each of the Retirement Plans to be amended to comply with IRS Notice IT IS FURTHER RESOLVED that the Chairman of the Board of Commissioners of Coweta County, Georgia is hereby authorized and empowered to execute the amendments to the Retirement Plans any and all other documents requiring signature, and such other steps as may be necessary to carry out the intent of these resolutions. SO RESOLVED this day of, Attachment: Resolution DOMA (3223 : Retirement Plan Amendments) Chairman Attest: County Clerk Packet Pg. 43

44 9.b Second Amendment to the Salary Deferral Plan for Employees of Coweta County, Georgia The Salary Deferral Plan for Employees of Coweta County, Georgia (the "Plan") was previously established by Coweta County, Georgia ( Employer ). WITNESSETH: WHEREAS, the Plan was originally established effective July 1, 2006, and was most recently restated on February 5, 2008; WHEREAS, the Employer desires to amend the Plan to comply with IRS Notice , relating to the Supreme Court decision in the Windsor case overturning the Defense of Marriage Act ( DOMA ); and WHEREAS, Section 10.1 of the Plan provides that the Employer may amend the Plan at any time. NOW, THEREFORE, BE IT RESOLVED, Section 1 is hereby amended by adding a definition of Spouse to the end thereof, to read as follows: Spouse means the person to whom the Participant is legally married under the laws of the State of Georgia, except that, effective as of June 26, 2013, for purposes of Section 5.6 and Appendix A (Required Minimum Distributions), Section 5.7 (Unforeseeable Emergencies) and Section 1.15 and 1.16 (relating to rollovers under Code Section 402(c)) of the Plan ONLY, the term spouse shall include the person to whom the Participant is legally married under the laws of the jurisdiction in which the marriage was performed (including same-sex individuals). Spouse shall not include domestic partners or other similar relationships that are not denominated as marriage. COWETA COUNTY, GEORGIA By: Its: Date: Attachment: DOMA Amendment -Salary Deferral (3223 : Retirement Plan Amendments) Packet Pg. 44

45 9.c Fourth Amendment to the Employee Matching Plan of Coweta County, Georgia The Employee Matching Plan of Coweta County, Georgia (the "Plan") was previously established by Coweta County, Georgia ( Employer ). WITNESSETH: WHEREAS, the Plan was originally established effective July 1, 2006, and was most recently restated on February 5, 2008; WHEREAS, the Employer desires to amend the Plan to comply with IRS Notice , relating to the Supreme Court decision in the Windsor case overturning the Defense of Marriage Act ( DOMA ); and WHEREAS, Section 14.1 of the Plan provides that the Employer may amend the Plan at any time. NOW, THEREFORE, BE IT RESOLVED, Article 1 is hereby amended by adding a definition of Spouse to the end thereof, to read as follows: Spouse means the person to whom the Participant is legally married under the laws of the State of Georgia, except that, effective as of June 26, 2013, for purposes of Appendix B (Required Minimum Distributions) and Sections 1.14, 1.17 and 8.3 (relating to rollovers under Code Section 402(c)) of the Plan ONLY, the term spouse shall include the person to whom the Participant is legally married under the laws of the jurisdiction in which the marriage was performed (including same-sex individuals). Spouse shall not include domestic partners or other similar relationships that are not denominated as marriage. COWETA COUNTY, GEORGIA By: Its: Date: Attachment: DOMA Amendment - Employee Matching Plan (3223 : Retirement Plan Amendments) Packet Pg. 45

46 9.d Seventh Amendment to the Group Pension Plan for Employees of Coweta County, Georgia The Group Pension Plan for Employees of Coweta County, Georgia (the "Plan") was previously established by Coweta County, Georgia ( Employer ). WITNESSETH: WHEREAS, the Plan was originally established effective February 1, 1949, and was most recently restated effective as of July 1, 2008; WHEREAS, the Employer desires to amend the Plan to comply with IRS Notice , relating to the Supreme Court decision in the Windsor case overturning the Defense of Marriage Act ( DOMA ); and WHEREAS, Section 7.1 of the Plan provides that the Employer may amend the Plan at any time. NOW, THEREFORE, BE IT RESOLVED, Section 1 is hereby amended by adding a definition of Spouse to the end thereof, to read as follows: Spouse means the person to whom the Participant is legally married under the laws of the State of Georgia, except that, effective as of June 26, 2013, for purposes of Appendix B as amended (Minimum Distribution Requirements) and Sections 1.17, 1.23 and 5.9 (relating to rollovers under Code Section 402(c)) of the Plan ONLY, the term spouse shall include the person to whom the Participant is legally married under the laws of the jurisdiction in which the marriage was performed (including same-sex individuals). Spouse shall not include domestic partners or other similar relationships that are not denominated as marriage. COWETA COUNTY, GEORGIA By: Its: Date: Attachment: DOMA Amendment -DB Plan (3223 : Retirement Plan Amendments) Packet Pg. 46

47 Third Amendment to the Employee Matching Plan of Coweta County, Georgia 9.e The Employee Matching Plan of Coweta County, Georgia (the "Plan") was previously established by Coweta County, Georgia ( Employer ). WITNESSETH: WHEREAS, the Plan was originally established effective July 1, 2006, and was most recently restated on February 5, 2008; WHEREAS, at a meeting held on July 15, 2014, the Board of Commissioners of Coweta County, Georgia authorized the adoption of a Plan amendment to allow Plan Participants to invest the amounts in their Matching Accounts as well as their Transferred Accounts under the Plan; and WHEREAS, Section 14.1 of the Plan provides that the Employer may amend the Plan at any time. NOW, THEREFORE, BE IT RESOLVED, Article 4 is hereby amended and restated in its entirety to read as follows: 4.1 Establishment of Trust Fund. ARTICLE 4 INVESTMENT OF ACCOUNTS All Contributions are to be paid over to the Trustee to be held in the Trust Fund and invested in accordance with the terms of the Plan and the Trust Agreement. 4.2 Investment Funds. (a) Named Investment Funds. The Board of Trustees shall establish Investment Funds for the investment of Contributions and Accounts. Such Investment Funds may be established, modified or eliminated from time to time without necessity of amendment to the Plan or the Trust and shall have the investment objectives prescribed in a written investment policy statement. (b) Reinvestment of Cash Earnings. Any investment earnings received in the form of cash with respect to any Investment Fund (in excess of the amounts necessary to pay Plan or Trust expenses) shall be reinvested in such Investment Fund. 4.3 Participant Direction of Investments. Each Participant or Beneficiary generally may direct the manner in which his Accounts shall be invested in and among the Investment Funds; provided, such investment directions shall be made in accordance with the following terms: Attachment: Amendment - Matching EE Investment (3223 : Retirement Plan Amendments) (a) Investment of Account. As of each business day, Contributions, plus earnings (or losses) thereon, will be transferred to the Investment Funds in the proportion designated by such Participant pursuant to his most recent election, as described below. If the Participant does not make an investment election, his contributions shall be allocated to the Investment Fund determined by the Board of Trustees as the default fund. Effective as of each day following his Entry Date into the Plan, each Participant (or Beneficiary) may elect, in the manner determined by the Plan Administrator, the percentage Packet Pg. 47

48 of his Account that will be invested in each Investment Fund. Each such election shall remain in effect until changed by such Participant or Beneficiary. In the event an individual fails to make an election for his Accounts pursuant to the terms of this subsection or if an investment election is incomplete or insufficient in some manner, the Accounts will continue to be invested in the same manner provided under the terms of the most recent election affecting such Accounts. 9.e (b) Conditions Applicable to Elections. Allocations of investments in the various Investment Funds shall be made in whole percentages as directed by the Participant or Beneficiary. The Plan Administrator shall have complete discretion to adopt and revise procedures to be followed in making such investment elections. Such procedures may include, but are not limited to, the format of the election forms, use of interactive telephone or internet system, the deadline for filing elections and the effective date of such elections; provided, elections must be permitted at least once every three months. Any procedures adopted by the Plan Administrator that are inconsistent with the deadlines specified in this Section shall supersede such provisions of this Section without the necessity of a Plan amendment. 4.4 Expenses. As of each Valuation Date, the Trustee shall determine the fair market value of each of the Investment Funds after first deducting any expenses which have not been paid by the Plan Sponsor. 4.5 Appointment of Investment Manager The Board of Trustees may appoint any one or more individuals or entities to serve as the Investment Manager or Managers of the entire Trust or of all or any designated portion of a particular Investment Fund or Investment Funds. The Investment Manager shall certify that it is qualified to act as an investment manager within the meaning of 3(38) of ERISA and shall acknowledge in writing its fiduciary status with respect to the assets placed under its control. If an Investment Manager is appointed, the Investment Manager shall have the power to manage, acquire and dispose of any and all assets of the Trust Fund, as the case may be, which have been placed under its control, except to the extent that such power is reserved to the Board of Trustees or the Participant. If an Investment Manager is appointed, the Board of Trustees shall be relieved of any and all liability for the acts or omissions of the Investment Manager, and the Board of Trustees shall not be under any obligation to invest or otherwise manage any assets which are subject to the management of the Investment Manager. COWETA COUNTY, GEORGIA By: Its: Date: Attachment: Amendment - Matching EE Investment (3223 : Retirement Plan Amendments) Packet Pg. 48

49 10 Administration To: Coweta County Board of Commissioners From: Shannon Zerangue, Exec. Asst./Deputy County Clerk Date: 10/17/2014 RE: Deed for Senoia Recreation Facility Issue: Acceptance of deed for Senoia Recreation Facility Discussion: On March 5, 2013, the Board approved an intergovernmental agreement with the City of Senoia related to a new recreation facility in Senoia to be named the Leroy Johnson Park. Under the terms of the IGA, the City would purchase 50 acres agreed upon by both the City and County. The City would then deed the property to the County, and the County would develop the new park in phases. The City has executed the deed to convey the new park to the County. Staff requests that the Board accept this deed. Recommendation: Staff recommends the Board accept the deed from the City of Senoia for the property to be developed into the new Leroy Johnson Park. Updated: 10/17/2014 2:53 PM by Shannon Zerangue Page 1 Packet Pg. 49

50 10.a Attachment: Senoia Recreation Deed (3222 : Senoia Recreation Deed) Packet Pg. 50

51 10.a Attachment: Senoia Recreation Deed (3222 : Senoia Recreation Deed) Packet Pg. 51

52 10.a Attachment: Senoia Recreation Deed (3222 : Senoia Recreation Deed) Packet Pg. 52

53 11 EMA To: Coweta County Board of Commissioners From: Jay Jones, EMA Director Date: 10/16/2014 RE: Hazard Mitigation Grant Program Project # Issue: Hazard Mitigation Grant Program (HMGP) Project # Discussion: FEMA originally approved a siren project for two (2) sirens at an estimated cost of $69,008 with a federal share of $51,756. Once actual costs were totaled, Coweta County requested to FEMA a scope of work change in the HMGP project. Coweta County submitted adjusted actual costs of $77,524 with a federal share of $58,143. FEMA granted approval of the actual cost, therefore awarding Coweta County an additional $6,387. FINANCIAL IMPACT: Coweta County will recieve an additional $6387 from FEMA. Recommendation: Coweta County EMA recommends approval by execution of two (2) copies of Exhibit A. Updated: 10/16/2014 3:36 PM by Shannon Zerangue Page 1 Packet Pg. 53

54 11.a Attachment: HMGP Revision 001 (3224 : Hazard Mitigation Grant Revision - Sirens) Packet Pg. 54

55 11.b Attachment: HMGP Revision 002 (3224 : Hazard Mitigation Grant Revision - Sirens) Packet Pg. 55

56 11.c Attachment: HMGP Revision 003 (3224 : Hazard Mitigation Grant Revision - Sirens) Packet Pg. 56

57 11.d Attachment: HMGP Revision 004 (3224 : Hazard Mitigation Grant Revision - Sirens) Packet Pg. 57

58 12 Building Department To: Coweta County Board of Commissioners From: Ed Davis, Chief Building Official Date: 10/6/2014 RE: Unsafe Structure Located at 133 Cannongate Circle - 4th District Issue: Request to board up structure and remove all trash & debris. Tax I.D. # for this property is Discussion: This past July 2014, the County received a complaint concerning the above mentioned structure. The Building Department, Environmental Health Department and the County Fire Marshal have declared the structure unsafe. In accordance with the Coweta County s Article III of the Code of Ordinances, Unsafe buildings, a hearing was held, and an Order to Comply was issued on August 21, The Owner/Representative of the property was ordered to: a) make all necessary repairs and remove all trash & debris, or b) board up structure and remove all trash & debris. The work was to be completed by September 20,2014. As of current date, no work has been done. When an Order to Comply results in non-compliance, the Board of Commissioners may cause the structure to be demolished and removed, or boarded up, and establish a lien on the property for the cost of removal and clean up. Attached, please find an estimate from the County s Public Works Department for boarding up the structure and removing all trash & debris, for an estimated cost of $ According to the County Tax Assessor s Office, the subject property, including the structure, has a current appraised value of $170,822.00, with the value of the lot being $20, FINANCIAL IMPACT: 11/01/ General Fund ($429.90) see attached Estimate Updated: 10/24/ :51 AM by Shannon Zerangue Page 1 Packet Pg. 58

59 12 Action Item (ID # 3192) Meeting of October 21, 2014 Recommendation: Staff recommends that the Board instruct the Public Works Department to board up the structure and remove all trash and debris. In addition, place a lien on the property. Updated: 10/24/ :51 AM by Shannon Zerangue Page 2 Packet Pg. 59

60 12.a 133 Cannogate Circle, Tax I.D. # Quote For Boarding Up The Above Referenced Property Material's Price$ each QTY Total Sheets of Plywood $ $ ' 2X4's $ $ /2 lb -3" but nails $ $ lbs - 2" screws $ $ lb - 3" screws $ $ 9.37 $ Labor Hours 1 Labor + 4 men $ $ Grand Total $ Attachment: 133 Cannongate Circle, Tax I.D. # quote to board up (3192 : Unsafe Structure-133 Cannongate Circle) Packet Pg. 60

61 12.a Attachment: 133 Cannongate Circle, Tax I.D. # quote to board up (3192 : Unsafe Structure-133 Cannongate Circle) Packet Pg. 61

62 12.b Attachment: photo (3192 Packet Pg. 62

63 13 Event Services To: Coweta County Board of Commissioners From: Tray Baggarly, Event Services Director Date: 10/16/2014 RE: Request to Utilize County Roads for Cupid Chase Issue: Mikki Lewis, founder of The Cupid Chase fund raiser is requesting the use of county roads for the 3 rd Annual event which will take place Saturday, February 7, Discussion: The 3 rd Annual Cupid Chase is planned for Saturday, February 7, 2015 with a 5K and 15K run/walk. A majority of the 5K will take place in the city limits of Senoia and a portion of Standing Rock Road in unincorporated Coweta County. A majority of the 15K will take place in the county, beginning in Senoia and following a route to include Standing Rock Road to (go right) Gary Summers Road to (go right) Stallings Road and back into Senoia for the finish. The walk/runs will begin early in the morning when traffic is at a minimum. Between participants are expected for this event between the two routes. The 15K will begin at 8 a.m. while the 5K begins at 9 a.m. Ms. Lewis met with staff including Mike Kinsey of the Sheriff s Office to discuss the route for the 15K and how deputies will coordinate the race as it pertains to Standing Rock, Gary Summers and Stallings roads and the flow of the run. Ms. Lewis committee will notify all residents along these routes of the planned event the week prior to the run. The city of Senoia approved the event for the portion within the city limits, contingent on approval from the County on the route within unincorporated Coweta County. Recommendation: After meeting on several occasions with organizers of the event, and with Mike Kinsey of the Sheriff s Office, staff recommends approval of the use of County Right-of-Way for the Cupid Chase on February 7, Updated: 10/17/2014 2:48 PM by Shannon Zerangue Page 1 Packet Pg. 63

64 13.a Attachment: Cupid Chase 15 K Map (3179 : Request to Use County Roads for Cupid Chase) Packet Pg. 64