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Board of Commissioners

January 10, 2024 ·10:00 AM Final ·This document is tentative, has not been ratified or approved by the Board of Commissioners, and is not binding on the County or any officer. Scheduled date for ratification: January 24, 2024

Assembly Hall

Agenda — 59 items

  1. 1 CALL TO ORDER: Chairman Robert L. Pitts ▶ jump to 14:01
  2. 2 ROLL CALL: Tonya R. Grier, Clerk to the Commission ▶ jump to 14:16
  3. 3 INVOCATION: Reverend Clifton Dawkins, Jr., County Chaplain ▶ jump to 14:35
  4. 4 PLEDGE OF ALLEGIANCE: Recite in unison ▶ jump to 14:48
  5. 5 ANNOUNCEMENTS
  6. 6 PLEASE SWITCH ALL ELECTRONIC DEVICES (CELL PHONES, PAGERS, PDAs, ETC.) TO THE SILENT POSITION DURING THIS MEETING TO AVOID INTERRUPTIONS. IF YOU NEED REASONABLE MODIFICATIONS DUE TO A DISABILITY, INCLUDING COMMUNICATIONS IN AN ALTERNATE FORMAT PLEASE CONTACT THE OFFICE OF THE CLERK TO THE COMMISSION. FOR TDD/TTY OR GEORGIA RELAY SERVICE ACCESS DIAL 711.
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  8. 8 CONSENT AGENDA
  9. 9 Adoption of the Consent Agenda. All matters listed on the Consent Agenda are considered routine by the County Commission and will be enacted by one motion. No separate discussion will take place on these items. If discussion of any Consent Agenda item is desired, the item will be moved to the Regular Meeting Agenda for separate consideration. (ADOPTED AS AMENDED) 24-0001 adopt as amended Pass ▶ jump to 17:39
  10. 10 Proclamations for Spreading on the Minutes. (SPREAD ON THE MINUTES UPON ADOPTION OF THE CONSENT AGENDA) Proclamation recognizing “Keona Jones Green Remembrance Day.” (Hall/Arrington) December 19, 2023 Proclamation recognizing “Vanessa Manley Appreciation Day.” (Hall) January 5, 2024 Proclamation recognizing “Lowell F. Dickerson Appreciation Day.” (Arrington) January 10, 2024 24-0002
  11. 11 Commissioners' District Board Appointments
  12. 12 HOUSING AUTHORITY OF FULTON COUNTY (REMOVED) Nine (9) members serve on this authority. Seven (7) regular members (each Commissioner appoints one person to serve) and two (2) housing resident members are appointed by the Board of Commissioners. The enabling statute calls the Housing Authority Board members "Commissioners." Term = 5 Years for BOC Appointees 1 Year for Resident Members Term below expires: 7/13/2027 Ronnie Shakir (Abdur-Rahman) Commissioner Abdur-Rahman has nominated Ernestine Pittman to replace Ronnie Shakir for a District appointment to an unexpired term ending July 13, 2027. ITEM REMOVED FROM THE CONSENT AGENDA AS REQUESTED BY VICE CHAIR ABDUR-RAHMAN 24-0003
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  14. 14 FULTON-DEKALB HOSPITAL AUTHORITY D/B/A GRADY HEALTH SYSTEM (APPROVED UPON ADOPTION OF THE CONSENT AGENDA) Consists of ten (10) trustees (members). The Board of Commissioners of Fulton County appoints seven (7) trustees (members) and the Board of Commissioners of DeKalb County appoints three (3). (See Fulton County Code § 13-2-11). The Fulton County Code does not prescribe the method of appointment; however, historically, each Commissioner has appointed one person to serve. Term = 4 years Term below expired: 12/31/2023 Shannon Georgecink (Ellis) Commissioner Ellis nominated Shannon Georgecink for a District reappointment to a term ending December 31, 2027. 24-0004
  15. 15 FULTON COUNTY ARTS COUNCIL (APPROVED UPON ADOPTION OF THE CONSENT AGENDA) The Arts Council shall be composed of fifteen (15) residents of the county. Initially, each member of the Board of Commissioners shall appoint two persons to serve on the council, one person to serve for a one-year term and one person to serve a two-year term. No term of any member shall extend beyond the term of the District Commissioner who appointed the member to serve on the Arts Council Board; thereafter, each year, each member of the Board of Commissioners shall appoint one member for a two-year term. Each member may continue to serve beyond his/her term until replaced. The Chairman of the Arts Council shall be appointed to a two-year term by a majority vote of the Board of Commissioners. The Council shall elect a vice-Chairman and a secretary from its membership. Term = 2 years Term below expired: 12/31/2023 Pamela Smith (Pitts) Chairman Pitts nominated Pamela Smith for a District reappointment to a term ending December 31, 2025. 24-0005
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  17. 17 Infrastructure and Economic Development
  18. 18 Request approval of an Indemnification, Maintenance, and Land Use Agreement for Private Improvement (Indemnification Agreement) between Fulton County, a political subdivision of the State of Georgia, and AIJ Milton, LLC for the purpose of granting conditional approval to allow stormwater drainage and walkway improvements within the County’s existing water line easement area at 13625 Arnold Mill Road, Milton, Georgia 30075. (APPROVED UPON ADOPTION OF THE CONSENT AGENDA) 24-0006
  19. 19 Justice and Safety
  20. 20 Request approval to enter into a Memorandum of Agreement with CaringWorks, Inc. and Fulton County on behalf of the Superior Court Accountability Court, effective January 1, 2024, through December 31, 2024, with four (1) year renewal options for the provision of services by CaringWorks to the participants of Fulton County Accountability Court via their Oasis of Hope program. No additional funds are required or provided. (APPROVED UPON ADOPTION OF THE CONSENT AGENDA) 24-0007
  21. 21 REGULAR MEETING AGENDA
  22. 22 Adoption of the Regular Meeting Agenda. (ADOPTED AS AMENDED) 24-0008 adopt as amended Pass ▶ jump to 19:27
  23. 23 Appointment of the Vice-Chairman. (APPROVED) Appointment of the Vice-Chairman of the Fulton County Board of Commissioners for a one-year term, in accordance to the current Fulton County Code § 101-36 (b), amended by the Board on October 20, 2021 (Item #21-0839). 24-0009 approve Pass ▶ jump to 20:53
  24. 24 Ratification of Minutes. (RATIFIED) Regular Meeting Minutes, December 6, 2023 Recess Meeting Post Agenda Minutes, December 20, 2023 24-0010 ratify Pass ▶ jump to 30:05
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  26. 25 Appointment of the Vice-Chairman. (APPROVED) Appointment of the Vice-Chairman of the Fulton County Board of Commissioners for a one-year term, in accordance to the current Fulton County Code § 101-36 (b), amended by the Board on October 20, 2021 (Item #21-0839). 24-0009 approve Pass ▶ jump to 21:30
  27. 26 Presentation of Proclamations and Certificates. (PRESENTED) Proclamation recognizing “Michel “Marty” Turpeau, IV Remembrance Day.” (Abdur-Rahman/Arrington/BOC) Proclamation recognizing “Lt. Col. Mike Russell Appreciation Day.” (Thorne/Pitts/Ellis/Hall/Abdur-Rahman) Proclamation recognizing "Digital Equity Day." (Barrett/Ellis/Thorne/Hall/Abdur-Rahman) *Proclamation recognizing “Atlanta Business League Appreciation Day.” (Hall) Proclamation recognizing “Marvin Wooley Appreciation Day.” (Hall) ** Proclamation recognizing “Randy Marshall Appreciation Day.” (Arrington) *removed during the meeting **added during the meeting 24-0011 ▶ jump to 30:22
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  29. 27 PUBLIC HEARINGS
  30. 28 Public Comment - Citizens are allowed to voice County related opinions, concerns, requests, etc. during the Public Comment portion of the Commission meeting. Priority for public comment will be given to Fulton County citizens and those individuals representing businesses or organizations located within Fulton County, including their employees, whether such persons are commenting in-person, via emails or via Zoom or other electronic media (i.e., phone call). Non-Fulton County citizens will only be heard after all in-person Fulton County citizens, representatives of business and organizations located within Fulton County, including their employees, have been heard and the time allotted for public comment has not expired, except as otherwise provided in this code section. County staff shall verify the residency of each public speaker prior to such person being heard by the board. Speakers will be granted up to two minutes each. Members of the public will not be allowed to yield or donate time to other speakers. The Public Comment portion of the meeting will not exceed 30 minutes at the Regular Meeting, nor will this portion exceed thirty minutes at the Recess Meeting. In the event the 30-minute time limit is reached prior to public comments being completed, public comment will be suspended and the business portion of the BOC meeting will commence. Public comment will resume at the end of the meeting. Similarly, written comments (that were timely submitted) not previously read, may be read at the end of the meeting. For more information or to arrange a speaking date, contact the Clerk’s Office. (CONDUCTED) 26 Speakers: Judge Cassandra Kirk (Item #23-0967); Solicitor General Keith Gammage; Jimmy Gough (Arts Funding); Paul Hershey (Elections); Michelle Taylor Willis (Arts Funding); Marysa Sutton (Arts Funding); Brother Anthoney Muhammad (Citizens for Human Rights); Shelia Mante (Arts Funding); Ravi Windom (Arts Funding); Donna Watts-Nunn (Arts Funding); Julie Allen (COVID-19 Information); Waverly Lucas (Arts Funding); Mara Gaudio (District Attorney); W. Imara Canady (Arts Funding); Brian Allen (Item #24-0013); Janet Hill (Property Fraud); Ron Shakir (Housing); Margie McCleod (Injustice); Earl Ferguson (Voter Integrity); Jane Zoellizk (Arts Funding); Charmaine Minniefield (Arts Funding); Lisa Adler (Arts Funding); Matt Rowenczak (Elections); Devin Barrington-Ward (Fulton County Jail); Prophet Curtis Martin Hairston (Homelessness) and Alma Lott (Homelessness) 2 Zoom Comments: Ben Howard (Senior Housing) and Kevin Muldowney (District Attorney) 14 Emailed Comments: Jeffrey Mullavey (Item #23-0967); Ayanna Marshall (District Councilmember); Cyne Alexander (Arts Funding); Joni Per-Lee (Arts Funding); Jacquee Minor (Arts Funding); David Dunagan (Arts Funding); Renee Hall-George (Arts Funding); Beth Lenkey (Arts Funding); Virginia Kriho (Arts Funding); Kirk and Michele Sarkisian (Elections); Peter Hardy (Arts Funding); Lindsay Bytof (Arts Funding); Laura Kurlander Nagel (Arts Funding) and Stephanie Galer (Arts Funding) 24-0012 ▶ jump to 73:35
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  32. 30 COUNTY MANAGER'S ITEMS
  33. 31 Open & Responsible Government
  34. 32 Review and approval of the FY2024 Final Adopted Budget and FY2024 Budget Resolution. (DISCUSSED) 24-0013 ▶ jump to 138:55
  35. 33 Request approval of the lowest responsible bidders - Department of Real Estate and Asset Management, 23ITB138741K-JAJ, Task Order Contract for Minor Construction in an amount not to exceed $6,000,000.00 with (A) Brad Construction Company II, LLC (Fayetteville, GA) in an amount not to exceed $1,200,000.00; (B) Hawk Construction Company, LLC (Ellenwood, GA) in an amount not to exceed $1,200,000.00; (C) Complete Contracting Partners, LLC (Powder Springs, GA) in an amount not to exceed $1,200,000.00; (D) Rubio and Sons Interior, Inc. (Hoschton, GA), in an amount not to exceed $1,200,000.00; and (E) Osprey Management, LLC (Marietta, GA) in an amount not to exceed $1,200,000.00, to provide standby repair, alteration, modernization, maintenance, and rehabilitation construction services. Effective January 1, 2024, through December 31, 2024, with three renewal options. (APPROVED) 24-0014 approve Pass ▶ jump to 245:57
  36. 34 Health and Human Services
  37. 35 Request approval of the lowest responsible bidder - Department of Public Works, 23ITB458876A-KM, Small Water Meter Installation in an amount not to exceed $620,000.00 with Jewel of the South Inc., (Conyers, GA), to provide small water meter installation services effective January 1, 2024 through December 31, 2024, with two renewal options. (REMOVED) ITEM REMOVED FROM THE REGULAR MEETING AGENDA AS REQUESTED BY THE COUNTY MANAGER 24-0015
  38. 36 Request approval to amend an existing contract - Department of Behavioral Health and Developmental Disabilities, 22RFP038A-CJC (D), Fulton County Behavioral Health Network with Grady Memorial Hospital d/b/a Grady Health System (Grady) (Atlanta, GA), in an amount not to exceed $11,377,838.00, for the expansion of behavioral health services to provide full-service operation and management of the new Fulton County Regional Behavioral Health Crisis Center (BHCC), located at 2805 Metropolitan Parkway, Atlanta, GA 30315. The County Attorney is authorized to approve the amended contract as to form and to make modifications thereto prior to execution. Effective upon BOC approval. (APPROVED) 24-0016 approve Pass ▶ jump to 246:22
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  40. 38 Justice and Safety
  41. 39 Request approval to re-program the use of unspent emergency capital funding in the amount of $1,362,563.00. This funding is in the Fulton County Sheriff’s Office capital fund budget. The FCSO proposes to utilize $595,032.45 of the funds for Brown & Root Industrial Services ($585,032.45) and Khafra Engineering Consultants Inc ($10,000.00) for the Staff Toilet Upgrades at the South Annex Jail. The restrooms at the South Annex Jail meet ADA requirements to moving back in. This leaves a total of $767,530.55 to be re-programmed. (MOTION TO APPROVE FAILED ON 12/20/23) (APPROVED) approve Pass ▶ jump to 248:45
  42. 40 COMMISSIONERS' ACTION ITEMS
  43. 41 Request approval of a Resolution by the Fulton County Board of Commissioners to dissolve the Housing Authority of Fulton County; and for other purposes. (Arrington) (HELD ON 12/6/23 AND 12/20/23) (REMOVED) ITEM REMOVED FROM THE REGULAR AGENDA AS REQUESTED BY COMMISSIONER ARRINGTON ▶ jump to 249:12
  44. 42 Request approval of a Resolution by the Fulton County Board of Commissioners directing an external review of the Board of Ethics; and for other purposes. (Arrington) (MOTION TO APPROVE FAILED ON 12/20/23 AND 1/10/24) (FAILED) approve Fail ▶ jump to 250:03
  45. 43 Request approval of a Resolution by the Fulton County Board of Commissioners to revoke every action taken by the Fulton County Board of Ethics from January 1, 2014, through December 20, 2023; and for other purposes. (Arrington) (HELD ON 12/20/23) (MOTION TO APPROVE FAILED ON 1/10/24) (FAILED) approve Fail ▶ jump to 274:38
  46. 44 Request approval of an Ordinance to amend Chapter 2 (Administration), Article II (Officers and Employees), Division 2 (Code of Ethics) of the Fulton County Code to disband the Board of Ethics and to replace it with a slate of Ethics Hearing Officers; and for other purposes. (Arrington) (MOTION TO APPROVE FAILED ON 12/20/23 AND 1/10/24) (FAILED) approve Fail ▶ jump to 275:54
  47. 45 Request approval of a Resolution by the Fulton County Board of Commissioners in Observance of the 95th Birthday of the Reverend Dr. Martin Luther King Jr. (Abdur-Rahman) (APPROVED) 24-0017 approve Pass ▶ jump to 278:21
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  49. 46 Request approval of a Resolution by the Fulton County Board of Commissioners directing an external review of the Board of Ethics; and for other purposes. (Arrington) (MOTION TO APPROVE FAILED ON 12/20/23 AND 1/10/24) (FAILED) call the question Pass ▶ jump to 273:44
  50. 47 EXECUTIVE SESSION
  51. 48 Executive (CLOSED) Sessions regarding litigation (County Attorney), real estate (County Manager), and personnel (Pitts). (APPROVED) PRESENT IN THE EXECUTIVE SESSION REGARDING LITIGATION, REAL ESTATE AND PERSONNEL: Chairman Pitts, Vice Chair Abdur-Rahman, Commissioners: Thorne, Barrett, Hall, Arrington, and; County Manager Dick Anderson; County Attorney Y. Soo Jo; and Clerk to the Commission Tonya R. Grier. Commissioner Ellis was absent. 24-0018 enter into executive session Pass ▶ jump to 237:24
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  53. 49 ADJOURNMENT There being no further business, the meeting adjourned at 3:21 p.m.
  54. 50 Request approval of an Ordinance to amend Chapter 2 (Administration), Article II (Officers and Employees), Division 2 (Code of Ethics) of the Fulton County Code to disband the Board of Ethics and to replace it with a slate of Ethics Hearing Officers; and for other purposes. (Arrington) (MOTION TO APPROVE FAILED ON 12/20/23 AND 1/10/24) (FAILED) call the question Pass ▶ jump to 277:15
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  56. 55 Executive (CLOSED) Sessions regarding litigation (County Attorney), real estate (County Manager), and personnel (Pitts). (APPROVED) PRESENT IN THE EXECUTIVE SESSION REGARDING LITIGATION, REAL ESTATE AND PERSONNEL: Chairman Pitts, Vice Chair Abdur-Rahman, Commissioners: Thorne, Barrett, Hall, Arrington, and; County Manager Dick Anderson; County Attorney Y. Soo Jo; and Clerk to the Commission Tonya R. Grier. Commissioner Ellis was absent. 24-0018 approve Pass ▶ jump to 243:38
  57. 56 Executive (CLOSED) Sessions regarding litigation (County Attorney), real estate (County Manager), and personnel (Pitts). (APPROVED) PRESENT IN THE EXECUTIVE SESSION REGARDING LITIGATION, REAL ESTATE AND PERSONNEL: Chairman Pitts, Vice Chair Abdur-Rahman, Commissioners: Thorne, Barrett, Hall, Arrington, and; County Manager Dick Anderson; County Attorney Y. Soo Jo; and Clerk to the Commission Tonya R. Grier. Commissioner Ellis was absent. 24-0018 adopt Pass ▶ jump to 244:09
  58. 57 Executive (CLOSED) Sessions regarding litigation (County Attorney), real estate (County Manager), and personnel (Pitts). (APPROVED) PRESENT IN THE EXECUTIVE SESSION REGARDING LITIGATION, REAL ESTATE AND PERSONNEL: Chairman Pitts, Vice Chair Abdur-Rahman, Commissioners: Thorne, Barrett, Hall, Arrington, and; County Manager Dick Anderson; County Attorney Y. Soo Jo; and Clerk to the Commission Tonya R. Grier. Commissioner Ellis was absent. 24-0018 approve Pass ▶ jump to 244:39
  59. 58 Executive (CLOSED) Sessions regarding litigation (County Attorney), real estate (County Manager), and personnel (Pitts). (APPROVED) PRESENT IN THE EXECUTIVE SESSION REGARDING LITIGATION, REAL ESTATE AND PERSONNEL: Chairman Pitts, Vice Chair Abdur-Rahman, Commissioners: Thorne, Barrett, Hall, Arrington, and; County Manager Dick Anderson; County Attorney Y. Soo Jo; and Clerk to the Commission Tonya R. Grier. Commissioner Ellis was absent. 24-0018 approve Pass ▶ jump to 245:01