Madison County BOE Minutes...

February 25, 2002


> OF ROADS AND REVENUE
MINUTES
REGULAR BUSINESS MEETING
FEBRUARY 25, 2002
6:30 P.M.


MEMBERS PRESENT:
Commission Chairman Wesley J. Nash
District 1 Commissioner William ìBillî Taylor
District 2 Commissioner Johnny W. Fitzpatrick
District 3 Commissioner Mike Youngblood
District 4 Commissioner Melvin Drake
District 5 Commissioner Bruce Scogin


MEMBERS ABSENT:
None

MEDIA PRESENT:
Jere Ayers, The Madison County Newspapers
Zach Mitcham, The Madison County Journal
Rhiannon Brewer-Patrick, The Athens Banner Herald


STAFF PRESENT
C Morris Fortson, County Clerk
Michael C. Pruett, County Attorney



AGENDA ITEM I. Call to order and approval of the minutes of the Regular Business Meeting of February 11, 2002.

Chairman Nash called the meeting to order at 6:35 P. M. and asked Reverend Mike Hudmon to give the invocation. Chairman Nash asked for a motion to approve the minutes of the Regular Business Meeting of February 11, 2002. Commissioner Youngblood made a motion to approve. Commissioner Taylor seconded the motion. A roll call vote was recorded as follows: Commissioner Fitzpatrick, YES; Commissioner Youngblood, YES; Commissioner Drake, YES; Commissioner Scogin, YES and Commissioner Taylor, YES. The motion was approved five (5) YES votes to zero (0) NO votes.


AGENDA ITEM II. Patricia Mahoney ñ Reports & Recommendations from the Madison County Planning Commission.

Preliminary Plat Approval for Spratlin Mill Phase III.

Chairman Nash announced the agenda item and recognized Planning & Zoning Commission Chairman Patricia Mahoney. Chairman Mahoney explained the preliminary plat for Spratlin Mill Phase III and said the Planning & Zoning Commission recommends approval by a 5ñ0 vote. Chairman Nash asked for a motion regarding this request. Commissioner Youngblood made a motion to approve. Commissioner Drake seconded the motion. A roll call vote was recorded as follows: Commissioner Youngblood, YES; Commissioner Drake, YES; Commissioner Scogin, YES; Commissioner Taylor, YES and Commissioner Fitzpatrick, YES. The motion was approved five (5) YES votes to zero (0) NO votes.

Final Plat Approval for Saddle Ridge subdivision.

Chairman Mahoney explained the final plat for Saddle Ridge sub-division and said the Planning & Zoning Commission recommends approval by a 5-0 vote. Chairman Nash asked for a motion regarding this request. Commissioner Scogin made a motion to approve. Commissioner Drake seconded the motion. A roll call vote was recorded as follows: Commissioner Drake, YES; Commissioner Taylor, YES; Commissioner Fitzpatrick, YES; Commissioner Youngblood, YES and Commissioner Scogin, YES. The motion was approved five (5) YES votes to zero (0) NO votes.


PUBLIC HEARINGS AND ACTIONS:

Chairman Nash read a statement regarding the conduct of public hearings and asked for a motion to close the Regular Business Meeting for the purpose of conducting a public hearing. Commissioner Fitzpatrick made a motion to close the Regular Business Meeting. Commissioner Taylor seconded the motion. All in favor say aye. All ayes, the motion was approved.


AGENDA ITEM III. Kingdom Hall of Jehovahís Witness for owner Nick Paski - Application to rezone 2.50 acres on Hwy 29 from B1 to RR and an application for a Conditional Use Permit to locate a church on the property.

Chairman Nash opened the Public Hearing and recognized Planning & Zoning Commission Chairman Patricia Mahoney. Chairman Mahoney explained the application and said the Planning & Zoning Commission recommends approval by a 4-1 vote. Chairman Nash asked for public comment in favor of the application. Josiah Breniman spoke in favor of the application. Chairman Nash asked for public comment in favor of the application. Chairman Nash asked for public comment in opposition to the application. Chairman Nash asked for public comment in favor of the application. There were no other public comments. Chairman Nash closed the Public Hearing, opened the Regular Business Meeting and asked for a motion regarding this application. Commissioner Scogin made a motion to approve. Commissioner Drake seconded the motion. A roll call vote was recorded as follows: Commissioner Scogin, YES; Commissioner Taylor, YES; Commissioner Fitzpatrick, YES; Commissioner Youngblood, YES and Commissioner Drake, YES. The motion was approved five (5) YES votes to zero (0) NO votes.

Chairman Nash asked for a motion regarding the application for a conditional use permit. Commissioner Scogin made a motion to approve. Commissioner Drake seconded the motion. A roll call vote was recorded as follows: Commissioner Taylor, YES; Commissioner Fitzpatrick, YES; Commissioner Youngblood, YES; Commissioner Drake, YES and Commissioner Scogin, YES. The motion was approved five (5) YES votes to zero (0) NO votes.

Commissioner Taylor made a motion to close the Regular Business Meeting. Commissioner Fitzpatrick seconded the motion. All in favor say aye. All ayes, the motion was approved.


AGENDA ITEM IV. Earl James, Jr. or Kayla Roach for owner Taylor James ñ Application to rezone 10.00 acres on James Spring Road from A2 to A1.

Chairman Nash opened the Public Hearing and recognized Planning & Zoning Commission Chairman Patricia Mahoney. Chairman Mahoney explained the application and said the Planning & Zoning Commission recommends approval by a 6-0 vote. Chairman Nash asked for public comment in favor of the application. Chairman Nash asked for public comment in opposition to the application. Chairman Nash asked for public comment in favor of the application. There were no other public comments. Chairman Nash closed the Public Hearing, opened the Regular Business Meeting and asked for a motion regarding this application. Commissioner Taylor made a motion to approve. Commissioner Fitzpatrick seconded the motion. A roll call vote was recorded as follows: Commissioner Fitzpatrick, YES; Commissioner Youngblood, YES; Commissioner Drake, YES; Commissioner Scogin, YES and Commissioner Taylor, YES. The motion was approved five (5) YES votes to zero (0) NO votes.

Commissioner Taylor made a motion to close the Regular Business Meeting. Commissioner Fitzpatrick seconded the motion. All in favor say aye. All ayes, the motion was approved.


AGENDA ITEM V. Chad J. Lowery ñ Application to rezone 8.62 acres on A C Carey Road from A2 to RR.

Chairman Nash opened the Public Hearing and recognized Planning & Zoning Commission Chairman Patricia Mahoney. Chairman Mahoney explained the application and said the Planning & Zoning Commission recommends approval by a 5-1 vote. Chairman Nash asked for public comment in favor of the application. Chairman Nash asked for public comment in opposition to the application. Chairman Nash asked for public comment in favor of the application. There were no other public comments. Chairman Nash closed the Public Hearing, opened the Regular Business Meeting and asked for a motion regarding this application. Chairman Mahoney further explained that the portion to rezone was only 2 acres of the parcel. Commissioner Fitzpatrick made a motion to approve rezone of the 2 acres. Commissioner Drake seconded the motion. A roll call vote was recorded as follows: Commissioner Fitzpatrick, YES; Commissioner Youngblood, YES; Commissioner Drake, YES; Commissioner Scogin, YES and Commissioner Taylor, YES. The motion was approved five (5) YES votes to zero (0) NO votes.

Commissioner Youngblood made a motion to close the Regular Business Meeting. Commissioner Taylor seconded the motion. All in favor say aye. All ayes, the motion was approved.


AGENDA ITEM VI. Jack & Judy Hardman ñ Application for a Use Variance on 5.00 acres on Hwy 98 to continue grandfathered use of personal care home with an additional 1400 sq. ft. and 6 additional clients.

Chairman Nash opened the Public Hearing and recognized Planning & Zoning Commission Chairman Patricia Mahoney. Chairman Mahoney explained the application and said the Planning & Zoning Commission recommends approval by a 6-0 vote. Chairman Nash asked for public comment in favor of the application. Chairman Nash asked for public comment in opposition to the application. Chairman Nash asked for public comment in favor of the application. There were no other public comments. Chairman Nash closed the Public Hearing, opened the Regular Business Meeting and asked for a motion regarding this application. Commissioner Drake made a motion to approve. Commissioner Fitzpatrick seconded the motion. A roll call vote was recorded as follows: Commissioner Youngblood, YES; Commissioner Drake, YES; Commissioner Scogin, YES; Commissioner Taylor, YES and Commissioner Fitzpatrick, YES. The motion was approved five (5) YES votes to zero (0) NO votes.

Commissioner Taylor made a motion to close the Regular Business Meeting. Commissioner Fitzpatrick seconded the motion. All in favor say aye. All ayes, the motion was approved.


AGENDA ITEM VII. Russell Fogg for owner Lalette C. Fogg ñ Application to rezone 3 to 4 acres of a 41.71 acre parcel on Hwy 98 from A1 to RR.

Chairman Nash opened the Public Hearing and recognized Planning & Zoning Commission Chairman Patricia Mahoney. Chairman Mahoney explained the application and said the Planning & Zoning Commission recommends approval by a 6-0 vote. Chairman Nash asked for public comment in favor of the application. Chairman Nash asked for public comment in opposition to the application. Chairman Nash asked for public comment in favor of the application. There were no other public comments. Chairman Nash closed the Public Hearing, opened the Regular Business Meeting and asked for a motion regarding this application. Commissioner Taylor made a motion to approve. Commissioner Drake seconded the motion. A roll call vote was recorded as follows: Commissioner Drake, YES; Commissioner Scogin, YES; Commissioner Taylor, YES; Commissioner Fitzpatrick, YES and Commissioner Youngblood, YES. The motion was approved five (5) YES votes to zero (0) NO votes.

Commissioner Taylor made a motion to close the Regular Business Meeting. Commissioner Drake seconded the motion. All in favor say aye. All ayes, the motion was approved.


AGENDA ITEM VIII. Kim W Morrison for owner Lois Marie Morrison ñ Application to rezone 2.60 acres of a 14.81 acre parcel on Diamond Hill Neese Road from A2 to RR.

Chairman Nash opened the Public Hearing and recognized Planning & Zoning Commission Chairman Patricia Mahoney. Chairman Mahoney explained the application and said the Planning & Zoning Commission recommends approval by a 6-0 vote. Chairman Nash asked for public comment in favor of the application. Chairman Nash asked for public comment in opposition to the application. Chairman Nash asked for public comment in favor of the application. There were no other public comments. Chairman Nash closed the Public Hearing, opened the Regular Business Meeting and asked for a motion regarding this application. Commissioner Fitzpatrick made a motion to approve. Commissioner Drake seconded the motion. A roll call vote was recorded as follows: Commissioner Scogin, YES; Commissioner Taylor, YES; Commissioner Fitzpatrick, YES; Commissioner Youngblood, YES and Commissioner Drake, YES. The motion was approved five (5) YES votes to zero (0) NO votes.


NEW BUSINESS:

AGENDA ITEM IX. Curtis G. Shoemaker representing Lamar Stephens ñ Removal of the currently appointed members of the Madison County Industrial Development & Building Authority.

Chairman Nash read county policy regarding the citizen debating format and explained that he would enforce the time limit. Chairman Nash announced the agenda item and recognized Curtis Shoemaker. Mr. Shoemaker requested that the Board impose accountability on the Industrial Development and Building Authority (IDA) and consider removing all the current members of the IDA. Chairman Nash recognized Victor Johnson who had signed in to speak on this item. Mr. Johnson spoke regarding the IDA. Chairman Nash recognized Linda OíNeal who had signed in to speak on this item. Mrs. OíNeal was not present. Chairman Nash recognized Louis Steed who had signed in to speak on this item. Mr. Steed declined to speak. Chairman Nash recognized Lamar Stephens who had signed in to speak on this item. Mr. Stephens spoke regarding the IDA. Chairman Nash recognized Leo Smith who had signed in to speak on this item. Mr. Smith spoke regarding the IDA. Chairman Nash recognized Marion Baker who had signed in to speak on this item. Mr. Baker spoke regarding the IDA. Chairman Nash asked if the Board had any other discussion for this item. There was none.


AGENDA ITEM X. Commissioner Mike Youngblood ñ Discussion of the membership of the Madison County Industrial Development & Building Authority.

Chairman Nash announced the agenda item and recognized Commissioner Youngblood. Commissioner Youngblood and the Board discussed the matter of the IDA contracting with John Scoggins for services with the members of the IDA, Tom Joiner, Roger Tench, Kenny Beck, and IDA attorney Victor Johnson. Commissioner Youngblood asked the IDA to consider changing there meeting times and to send notices of their meeting to the Board of Commissioners. Chairman Nash recognized Victor Johnson who had signed in to speak on this item. Mr. Johnson spoke regarding the IDA members. Chairman Nash recognized Lamar Stephens who had signed in to speak on this item. Mr. Stephens spoke regarding the IDA. Chairman Nash recognized Leo Smith who had signed in to speak on this item. Mr. Smith declined to speak. Chairman Nash recognized Marion Baker who had signed in to speak on this item. Mr. Baker spoke regarding the IDA. Chairman Nash recognized Kenny Beck who had signed in to speak on this item. Mr. Beck spoke regarding the IDA. Commissioner Scogin said he had three requests of the IDA. First, that the Hwy 72 Business Park Committee be expanded to include 4 people from the area surrounding the park. Second, that the IDA change their meeting time to 6:00 to 6:30 P. M. Third, that each commissioner search for an appropriate appointee to the IDA within the next two weeks.


AGENDA ITEM XI. Walter Searcy ñ Madison County Industrial Development & Building Authority.

Chairman Nash announced the agenda item and recognized Mr. Walter Searcy. Mr. Searcy said that he is concerned about the three lots in the IDA property that have covenants and easements. Chairman Nash recognized Victor Johnson who had signed in to speak on this item. Mr. Johnson spoke regarding the IDA. Chairman Nash recognized Lamar Stephens who had signed in to speak on this item. Mr. Stephens spoke regarding the IDA. Chairman Nash recognized Marin Baker who had signed in to speak on this item. Mr. Baker spoke regarding the IDA. Chairman Nash recognized Leo Smith who had signed in to speak on this item. Mr. Smith declined to speak.

Chairman Nash recessed the meeting at 8:02 P. M. Chairman Nash called the meeting back to order at 8:12 P. M.


AGENDA ITEM XII. Margie Richards Madison Oglethorpe Animal Shelter, Inc. ñ Approval of a Leasehold Security Agreement.

Chairman Nash announced the agenda item and recognized Victor Johnson. Mr. Johnson explained that he was here on behalf of Mrs. Richards who could not attend the meeting. Mr. Johnson explained that the Animal Shelter is obtaining a loan from the bank to finance construction of the animal shelter building. Before making the loan the bank is requiring the county to approve a Leasehold Security Agreement. Chairman Nash asked for a motion regarding this request. Commissioner Taylor made a motion to approve. Commissioner Fitzpatrick seconded the motion. A roll call vote was recorded as follows: Commissioner Taylor, YES; Commissioner Fitzpatrick, YES; Commissioner Youngblood, YES; Commissioner Drake, YES and Commissioner Scogin, YES. The motion was approved five (5) YES votes to zero (0) NO votes.


AGENDA ITEM XIII. Recreation Department Director Dick Perpall ñ Request for an employee classification change.

Chairman Nash announced the agenda item and recognized Recreation Director Dick Perpall. Mr. Perpall explained that he is requesting that the receptionist position in the Recreation Department be changed from a seasonal part-time position to a half-time position. Chairman Nash asked for a motion regarding this request. Commissioner Youngblood made a motion to deny this request. Commissioner Scogin seconded the motion. A roll call vote was recorded as follows: Commissioner Fitzpatrick, NO; Commissioner Youngblood, YES; Commissioner Drake, NO; Commissioner Scogin, NO and Commissioner Taylor, YES. The motion failed two (2) YES votes to three (3) NO votes.

Chairman Nash said that since the motion to deny failed was there a motion to approve? Commissioner Fitzpatrick made a motion to approve. Commissioner Drake seconded the motion. A roll call vote was recorded as follows: Commissioner Youngblood, NO; Commissioner Drake, YES; Commissioner Scogin, YES; Commissioner Taylor, NO and Commissioner Fitzpatrick, YES. The motion was approved three (3) YES votes to two (2) NO votes.


AGENDA ITEM XIV. Melinda Pierce ñ Liberty and Justice.

Chairman Nash announced the agenda item and recognized Melinda Pierce. Ms. Pierce explained that her liberty as a citizen was violated when she was employed at the Transfer Station. Chairman Nash recognized Annette Greeson who had signed in to speak on this item. Mrs. Greeson spoke of the working conditions at the Transfer Station.


AGENDA ITEM XV. Personnel Coordinator Connie Benge ñ Personnel issues.
Recommendation from the Grievance Committee.

Chairman Nash announced the agenda item and recognized Personnel Coordinator Connie Benge. Mrs. Benge explained that a grievance committee had been formed pursuant to the Personnel Policy regarding the termination of Melinda Pierce from her employment at the Transfer Station. The grievance committee met on February 8, 2002 and the recommendation from the grievance committee to the Board of Commissioners is to uphold the termination of Melinda Pierce. Chairman Nash asked for a motion regarding this item. Commissioner Scogin made a motion to uphold the recommendation of the grievance committee. Commissioner Youngblood seconded the motion. A roll call vote was recorded as follows: Commissioner Drake, YES; Commissioner Scogin, YES; Commissioner Taylor, YES; Commissioner Fitzpatrick, YES and Commissioner Youngblood, YES. The motion was approved five (5) YES votes to zero (0) NO votes.

Recommendation for Scale House Position at the Transfer Station.

Mrs. Benge explained that Transfer Station Director Sandra Webb is requesting that the Board hire Elaine Fowler as a Scale House Operator at a pay rate of $7.25 per hour. Chairman Nash recognized Melinda Pierce who had signed in to speak on this item. Ms. Pierce spoke regarding the Transfer Station. Chairman Nash recognized Mary Jane Ledford who had signed in to speak on this item. Mrs. Ledford declined to speak. Chairman Nash said that he would recommend that the Board hire Elaine Fowler. Commissioner Youngblood made a motion to approve. Commissioner Fitzpatrick seconded the motion. A roll call vote was recorded as follows: Commissioner Scogin, YES; Commissioner Taylor, YES; Commissioner Fitzpatrick, YES; Commissioner Youngblood, YES and Commissioner Drake, YES. The motion was approved five (5) YES votes to zero (0) NO votes.


AGENDA ITEM XVI. Commissioner Taylor ñ Flashing Beacons at Moonís Grove Baptist Church.

Chairman Nash announced the agenda item and recognized Commissioner Taylor. Commissioner Taylor explained that Moonís Grove Church still has a problem with speeders and has asked for permission to install flashing beacons at their cost. Chairman Nash asked if Commissioner Taylor wanted to put that request in the form of a motion. Commissioner Taylor made a motion to allow Moonís Grove Church to install flashing beacons according to DOT standards. Commissioner Scogin seconded the motion. A roll call vote was recorded as follows: Commissioner Taylor, YES; Commissioner Fitzpatrick, YES; Commissioner Youngblood, YES; Commissioner Drake, YES and Commissioner Scogin, YES. The motion was approved five (5) YES votes to zero (0) NO votes.


AGENDA ITEM XVII. Chairman Wesley Nash - Amend County Policy to change the Harassment Contact Person.

Chairman Nash announced the agenda item and explained that the current Harassment Contact Person is Rebecca Duncan. Mrs. Duncan has been named temporary Chief Appraiser by the Board of Assessors. Since this position is a supervisory position Mrs. Duncan can no longer serve as the Harassment Contact Person. Chairman Nash said that he would recommend that the Board appoint Melinda Spence as the Harassment Contact Person. Commissioner Scogin made a motion to approve. Commissioner Drake seconded the motion. A roll call vote was recorded as follows: Commissioner Fitzpatrick, YES; Commissioner Youngblood, YES; Commissioner Drake, YES; Commissioner Scogin, YES and Commissioner Taylor, YES. The motion was approved five (5) YES votes to zero (0) NO votes.


AGENDA ITEM XVIII. Chairman Wesley Nash ñ Approval of a Services Agreement with the Madison County Board of Health.

Chairman Nash announced the agenda item and explained that the Board had previously agreed to provide an employee to the Health Department with the expense being reimbursed by the Madison County Board of Health. Since that approval the Board of Health has met and approved the agreement for this service. Chairman Nash asked for a motion to approve this agreement. Commissioner Youngblood made a motion to approve. Commissioner Fitzpatrick seconded the motion. A roll call vote was recorded as follows: Commissioner Youngblood, YES; Commissioner Drake, YES; Commissioner Scogin, YES; Commissioner Taylor, YES and Commissioner Fitzpatrick, YES. The motion was approved five (5) YES votes to zero (0) NO votes.

AGENDA ITEM XIX. County Clerk Morris Fortson ñ 2002 Budget Amendments, Copier Purchase and Probate Court Purchase.

Chairman Nash announced the agenda item recognized County Clerk Morris Fortson. Mr. Fortson explained that the first two items are involving potential litigation. Chairman Nash said that we also need to discuss the new jail project and asked for a motion to conduct and Executive Session to discuss potential litigation. Commissioner Scogin made a motion to conduct an Executive Session to discuss potential litigation. Commissioner Taylor seconded the motion. All in favor say aye. All ayes, the motion was approved. The Board retired to conduct an Executive Session at 9:15 P. M. Chairman Nash called the meeting back to order at 9:26 P.M.

Chairman Nash said that in order to complete the copier purchase we need to amend the 2002 budget to move $1,695.00 from the Capital Outlay Division to the Recreation Department. Commissioner Taylor made a motion to approve. Commissioner Fitzpatrick seconded the motion. A roll call vote was recorded as follows: Commissioner Drake, YES; Commissioner Scogin, ABSTAIN; Commissioner Taylor, YES; Commissioner Fitzpatrick, YES and Commissioner Youngblood, YES. The motion was approved four (4) YES votes to zero (0) NO votes to one (1) ABSTAINING vote.

Mr. Fortson explained that the Probate Judge submitted an invoice for payment that had no purchase order and that any purchase made without a purchase order must be approved by the Board. Commissioner Scogin made a motion to approve. Commissioner Fitzpatrick seconded the motion. A roll call vote was recorded as follows: Commissioner Scogin, YES; Commissioner Taylor, YES; Commissioner Fitzpatrick, YES; Commissioner Youngblood, YES and Commissioner Drake, YES. The motion was approved five (5) YES votes to zero (0) NO votes.


AGENDA ITEM XX. Chairman Wesley Nash ñ New Jail Project.

This item was discussed in Executive Session.



AGENDA ITEM XXI. Chairman Wesley Nash ñ Reports and Recommendations.

Chairman Nash explained that he has a proposal from Precision Planning to do a feasibility CDBG application study on a Health Department building. The cost to perform the study would be $2,500.00. Chairman Nash asked if the Board wanted to accept this proposal. Commissioner Taylor made a motion to approve. Commissioner Scogin seconded the motion. A roll call vote was recorded as follows: Commissioner Taylor, YES; Commissioner Fitzpatrick, YES; Commissioner Youngblood, YES; Commissioner Drake, YES and Commissioner Scogin, YES. The motion was approved five (5) YES votes to zero (0) NO votes.

Chairman Nash explained that our health insurance program renewal date is April 1st and the open enrollment period is the month of March. Chairman Nash said that the Board had held a work session regarding the health insurance renewal and that he would recommend that the Board approve the P250 and H400 plans from Health Plan Select for an overall premium increase of 7.5%. Commissioner Scogin made a motion to approve. Commissioner Taylor seconded the motion. A roll call vote was recorded as follows: Commissioner Fitzpatrick, YES; Commissioner Youngblood, YES; Commissioner Drake, YES; Commissioner Scogin, YES and Commissioner Taylor, YES. The motion was approved five (5) YES votes to zero (0) NO votes.


AGENDA ITEM XI. Adjournment.

Chairman Nash asked for a motion to adjourn. Commissioner Fitzpatrick made a motion to adjourn. Commissioner Taylor seconded the motion. All in favor say aye. All ayes, the motion was approved. The meeting adjourned at 9:30 P. M.


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