Madison County BOC Minutes...

March 25, 2002


OF ROADS AND REVENUE
MINUTES
REGULAR BUSINESS MEETING
MARCH 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:
Marilyn Bridges and Jere Ayers, The Madison County Newspapers
Zach Mitcham, The Madison County Journal


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 March 11, 2002.

Chairman Nash called the meeting to order 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 March 11, 2002. 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 II. Patricia Mahoney ñ Reports & Recommendations from the Madison County Planning Commission.
Final Plat Approval for Spratlin Mill Phase III.

Chairman Nash announced the agenda item and recognized Planning and Zoning Commission Chairman Patricia Mahoney. Chairman Mahoney presented a final plat for Spratlin Mill Phase III and said the Planning Commission recommends approval by a 6-0 vote. Commissioner Youngblood 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.


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 Scogin 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 III. Kenneth Arrendale - Application to rezone 15.71 acres on McCarty Dodd Road from A2 to RR.

Chairman Nash opened the Public Hearing and recognized Planning Commission Chairman Patricia Mahoney. Chairman Mahoney explained the application and said the Planning Commission recommends denial by a 6-0 vote. Chairman Nash asked for public comment in favor of the application. The applicant, Kenneth Arrendale, spoke in favor of his application. Chairman Nash asked for other public comment in favor of the application. Chairman Nash asked for public comment in opposition to the application. Jack Dickerson of 575 McCarty Dodd Road, spoke in opposition to the application. Dwayne Dickerson of 579 McCarty Dodd Road spoke in opposition to the application. Chairman Nash asked for other 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 deny the application. Commissioner Taylor 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 IV. Sylvia Preston for owner Gene Seagraves ñ Application to rezone 2.00 acres of a 37.31 acre parcel on Moons Grove Road from A1 to RR.

Chairman Nash opened the Public Hearing and recognized Planning Commission Chairman Patricia Mahoney. Chairman Mahoney explained the application and said the Planning Commission recommends approval by a 6-0 vote. Chairman Nash asked for public comment in favor of the application. The applicant, Sylvia Preston, spoke in favor of her application.
Chairman Nash asked for other public comment in favor of the application. Chairman Nash asked for public comment in opposition to the application. Chairman Nash asked for other 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 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 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 V. Edwin Hart for owner Edwin Hart Jr ñ Application to rezone 13.51 acres on Hwy 72 from B1 to B2.
Chairman Nash opened the Public Hearing and recognized Planning Commission Chairman Patricia Mahoney. Chairman Mahoney explained the application and said the Planning Commission recommends approval by a 4-2 vote. Chairman Nash asked for public comment in favor of the application. The applicant, E R Hart, spoke in favor of his application. Chip Chandler spoke in favor of the application. Chairman Nash asked for other public comment in favor of the application. Chairman Nash asked for public comment in opposition to the application. Chairman Nash asked for other 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 Taylor 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.

Commissioner Youngblood 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 VI. Ryan & Angela Peloquin for owner Jimmy Chandler ñ Application to rezone 5.04 acres on Rogers Mill Road from A2 to RR.

Chairman Nash opened the Public Hearing and recognized Planning Commission Chairman Patricia Mahoney. Chairman Mahoney explained the application and said the Planning 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 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 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 Drake 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 VII. John Byram for owner Bobby Doster ñ Application to rezone 20.00 acres of a 71.27 acre parcel on Hwy 72 from A1 to B2/R1 and 0.69 acres & 0.23 acres on Hwy 72 from RR to B2.

Chairman Nash opened the Public Hearing and recognized Planning Commission Chairman Patricia Mahoney. Chairman Mahoney explained the application and said the Planning Commission recommends approval by a 4-2 vote. Chairman Nash asked for public comment in favor of the application. The applicant, John Byram, spoke in favor of his application. Chip Chandler spoke in favor of the application. Chairman Nash asked for other public comment in favor of the application. Chairman Nash asked for public comment in opposition to the application. Chairman Nash asked for other 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 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 Drake seconded the motion. All in favor say aye. All ayes, the motion was approved.


AGENDA ITEM VIII. Tommy Swindle for owner Leon Swindle ñ Application to rezone 20.00 acres of a 95.79 acre parcel on Duncan Swindle Road from A1 to RR.

Chairman Nash opened the Public Hearing and recognized Planning Commission Chairman Patricia Mahoney. Chairman Mahoney explained that this application had been postponed by the Planning Commission until April and asked that the Board approve a postponement. 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 postpone this application until April. Commissioner Drake seconded the motion. County Attorney Mike Pruett pointed out that this was not necessary since the Planning Commission had already postponed the application. Commissioner Scogin withdrew his motion. Commissioner Drake withdrew his second of the motion. There was no vote taken on this issue.

Chairman Nash asked for a motion to close the Regular Business Meeting. Commissioner Scogin 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 IX. Joey Bone for owner Greg Singleton ñ Application to rezone 2.00 acres of a 55.84 acres parcel on Holly Creek Church Road from A1 to RR.

Chairman Nash opened the Public Hearing and recognized Planning Commission Chairman Patricia Mahoney. Chairman Mahoney explained the application and said the Planning Commission recommends approval by a 6-0 vote. Chairman Nash asked for public comment in favor of the application. The applicant, Joey Bone, spoke in favor of his application. Chairman Nash asked for other 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 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 Drake seconded the motion. All in favor say aye. All ayes, the motion was approved.

AGENDA ITEM X. Charles N. Smith - Application to rezone 2.00 acres of a 86.77 acre parcel on Davidís Home Church Road from A1 to RR.

Chairman Nash opened the Public Hearing and recognized Planning Commission Chairman Patricia Mahoney. Chairman Mahoney explained the application and said the Planning Commission recommends approval by a 6-0 vote. Chairman Nash asked for public comment in favor of the application. The applicant, Charles Smith, spoke in favor of his application. Chairman Nash asked for other 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 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 XI. Public Hearing on the proposed amendments to the Madison County Zoning Ordinance.

Chairman Nash opened the Public Hearing and recognized Planning Commission Chairman Patricia Mahoney. Chairman Mahoney explained the proposed amendments and said the Planning and Zoning Commission recommends that Section 8.3 be sent back to the Zoning Ordinance Committee to allow easements under particular conditions by variance only and that a moratorium be placed on private access drives. Chairman Nash asked for public comment on the proposed amendments to the Zoning Ordinance. Marion Baker spoke in opposition to the amendment regarding easements. Chip Chandler, Wendell Williams and Glenn Barnett spoke regarding the proposed amendments. Chairman Nash asked for other public comment. There were no other public comments. Chairman Nash closed the Public Hearing, opened the Regular Business Meeting and asked for a motion regarding the proposed amendments to the Zoning Ordinance. Commissioner Scogin made a motion to send the proposed amendments back to the Zoning Ordinance Committee. Commissioner Taylor 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.

Chairman Nash asked for a motion to suspend the rules to consider a moratorium on easements. Commissioner Scogin made a motion to suspend the rules. 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. Commissioner Fitzpatrick made a motion to approve a moratorium on easements until the April 24th meeting of the Board of Commissioners. Commissioner Taylor 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.


OLD BUSINESS:

AGENDA ITEM XII. County Attorney Mike Pruett ñ Occupation Tax/Business Licenses.

Chairman Nash announced the agenda item and recognized County Attorney Mike Pruett. Mr. Pruett explained that we had discussed the licensing of auto dealers at the previous meeting and explained the process by which the Board could adopt an occupation tax for businesses. Chairman Nash said that the State is responsible for the licensing of auto dealers and recommended that we let the state handle the auto dealers.


NEW BUSINESS:

AGENDA ITEM XIII. Personnel Coordinator Connie Benge ñ Personnel issues for EMS, Road Department and Transfer Station.

Chairman Nash announced the agenda item and recognized Personnel Coordinator Connie Benge. Mrs. Benge explained that the Road Department does not have a recommendation to make. Mrs. Benge said that EMS Director Dwayne Patton is recommending that the Board hire Danny Scarborough as a part time, Class 7, EMT at a pay rate of $8.76 per hour. Chairman Nash said that he would recommend that the Board hire Danny Scarborough. Commissioner Taylor 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.

Mrs. Benge explained that Pamela Kitchens is requesting a transfer from the E911 Center to the Transfer Station as a full-time, Class 3, Scale- House Operator at a beginning pay rate of $7.50 per hour then a pay rate of $7.72 per hour after the probationary period. Chairman Nash said that he would recommend that the Board approve this transfer request. Commissioner Fitzpatrick made a motion to approve. Commissioner Taylor 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 XIV. Wendell Williams ñ Business Licenses, Reconsideration Policies and 101 More Items.

Chairman Nash announced the agenda item and recognized Wendell Williams. Mr. Williams discussed business licenses and the Boardís agenda and reconsideration policies.


AGENDA ITEM XV. Lamar Stephens ñ IDA and the proposed use of the IDA land on Hwy 72.

Chairman Nash announced the agenda item and recognized Lamar Stephens. Mr. Stephens discussed the IDA and the proposed use of the IDA land on Hwy 72.
AGENDA ITEM XVI. County Attorney Mike Pruett ñ Rules governing the distribution of 5% Crime Victim Assistance Funds.

Commissioner Scogin asked for a recess. Chairman Nash called a recess at 8:18 P. M. Chairman Nash called the meeting back to order at 8:34 P. M. Chairman Nash announced the agenda item and recognized County Attorney Mike Pruett. Mr. Pruett explained that the Superior, State and Municipal Court Clerks have the duty to collect and distribute a 5% add fee for Crime Victims Assistance. The Northern Judicial Circuit is requesting that the Board designate that these funds be paid directly to the Northern Judicial Circuit Crime Victims Assistance Program. Chairman Nash asked for a motion regarding this request. Commissioner Scogin made a motion to designate that these funds be paid directly to the Northern Judicial Circuit Crime Victims Assistance Program. 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.


AGENDA ITEM XVII. Chairman Wesley Nash ñ Announcement of a real estate purchase by the Board of Commissioners.

Chairman Nash announced the agenda item and explained that the Board of Commissioners has purchased 31.54 acres of land adjoining the Recreation Department Main Park for the purpose of expanding the recreation facilities. The purchase price was $172,409.18.


AGENDA ITEM XVIII. County Clerk Morris Fortson ñ Bids for Towing Services, Bids for a tractor and 2002 Budget Amendment for the Road Department.

Chairman Nash announced the agenda item and explained that we re-advertised for towing services and had received one bid from Alewineís Towing. This bid lists the towing fee at $45.00 to $95.00 depending on the time of service and a $10.00 per day storage fee. Chairman Nash said he would recommend that the Board accept this bid. Commissioner Taylor made a motion to approve the bid from Alewineís Towing. Commissioner Youngblood 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 explained that we had advertised and received sealed bids for a tractor for the Road Department. A bid opening was held in the Chairmanís office on March 25, 2002 at 9:15 A.M. with Chairman Wesley Nash, Road Superintendent Charles Temple, County Clerk Morris Fortson and Purchasing Specialist Cheryl Jensrud present. The bids are as follows: $39,775.84 from Georgia Tractors Inc.; $35,300.00 from Greenfield Equipment Company and $35,297.00 from Voyles Equipment Company. Chairman Nash said that he would recommend that the Board approve the bid from Voyles Equipment Company. Commissioner Fitzpatrick made a motion to approve the bid of $35,297.00 from Voyles Equipment Company. 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.

County Clerk Morris Fortson explained that the purchase of this tractor would require a budget amendment transferring $35,297.00 from the Capital Outlay Division to the Road Department. Commissioner Taylor made a motion to approve. Commissioner Youngblood 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 XIX. County Attorney Mike Pruett ñ Executive Session for Litigation.

Chairman Nash announced the agenda item and said he would take up this item at the end of the meeting.



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

Chairman Nash announced the agenda item and said he has been asked by the Pilot Club for permission to install a Civic Club Sign at the Recreation Department. Commissioner Scogin 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.

Chairman Nash said that E911 Director David Camp has asked permission to locate the E911 auxiliary answering point at the Comer VFD. The cost to the county would be approximately $5,000.00 per year. Commissioner Scogin asked that this item be placed on the next agenda.

Chairman Nash said that the IDA has elected Ed Brown as their Chairman and changed their meeting to the 3rd Monday of each month at 6:00 P. M.

Chairman Nash asked for a motion to conduct an Executive Session for litigation. Commissioner Taylor made a motion to go into Executive Session to discuss litigation. Commissioner Scogin seconded the motion. All in favor say aye. All ayes, the motion was approved. The Board retired to conduct and Executive Session at 9:04 P.M.


AGENDA XXI. Adjournment.

Chairman Nash called the meeting back to order at 9:36 P. M. and asked for a motion to adjourn. Commissioner Scogin made a motion to adjourn. Commissioner Fitzpatrick seconded the motion. All in favor say aye. All ayes, the motion was approved. The meeting adjourned at 9:37 P. M.



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