Madison County BOC Minutes...

JULY 22, 2002




OF ROADS AND REVENUE
MINUTES
REGULAR BUSINESS MEETING
JULY 22, 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

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 July 8, 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 July 8, 2002. 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.


AGENDA ITEM II. Ed Brown ñ IDA Reports and Recommendations.
Intergovernmental Agreement Amendment for Personnel

Chairman Nash announced the agenda item and recognized Ed Brown. Chairman Brown gave a report from the IDA regarding the well on the IDA property. Chairman Brown requested that the Board consider adding future Water System Employees as Madison County employees.


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 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 III. Kristopher Bradshaw for owner Anthony Tyner ñ Application to rezone 5.0 acres on New Haven Church Road from A1 to RR.

Chairman Nash opened the Public Hearing and the applicant, Kristopher Bradshaw, was not present. The application is considered withdrawn.

AGENDA ITEM IV. Tom Munro ñ Application to rezone 6.21 acres on Sanford Road from RR to R2.

Chairman Nash opened the Public Hearing and recognized Planning and Zoning Vice Chairman Bill Holloway. Mr. Holloway explained the application and said the Planning and Zoning Commission recommends denial by a 4-0 vote. Chairman Nash asked for public comment in favor of the application. The applicant, Tom Munro, Colbert, GA and Phil Munro, 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. Gale Brown, 991 Roy Smith Road, Joyce Doster, 8843 Hwy 106, Bob Fields, 340 Sanford Road, Chuck Hardy, 363 Helican Springs Road, David Fields, Sanford Road, Pat Garrett, 8878 Hwy 106 S and Mozell Cape, 8784 Hwy 106 all spoke in opposition to the application. Chairman Nash asked for other public comment in opposition to the application. Chairman Nash asked for other public comment in favor of the application. Phil Munro spoke again in favor of 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 deny. Commissioner Youngblood 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 was not approved two (2) YES votes to three (3) NO votes.

Commissioner Scogin made a motion to approve. Commissioner Fitzpatrick 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.

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


AGENDA ITEM V. Robert Shaw ñ Application for an area variance on 0.76 acres on Hwy 106 to locate a storage building within 20 ft. of a property line.

Chairman Nash opened the Public Hearing and recognized Planning and Zoning Commission Vice Chairman Bill Holloway. Mr. Holloway explained the application and said the Planning and Zoning Commission recommends approval by a 4-0 vote. Chairman Nash asked for public comment in favor of the application. The applicant, Robert Shaw, 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 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 Fitzpatrick seconded the motion. All in favor say aye. All ayes, the motion was approved.

AGENDA ITEM VI. David & Sheila Herring ñ Application to rezone 5.28 acres on Della Slaton Road from A2 to RR/B1.

Chairman Nash opened the Public Hearing and recognized Planning and Zoning Commission Vice Chairman Bill Holloway. Mr. Holloway explained the application and said the Planning and Zoning Commission recommends approval by a 4-0 vote. Chairman Nash asked for public comment in favor of the application. The applicant, David Herring, Chester Bray, 138 Jones Drive, Wayne Jones, Della Slaton Road and Keith Holmes, Bowman all 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 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.

Commissioner Scogin 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 VII. Harold Gaulding & Stephen Fennell ñ Application to rezone 30.08 acres on Hwy 72 from B2 to R1.

Chairman Nash called for a recess at 7:44 P.M. Chairman Nash called the meeting back to order at 7:57 P.M. Chairman Nash opened the Public Hearing and recognized Planning and Zoning Commission Vice Chairman Bill Holloway. Mr. Holloway explained the application and said the Planning and Zoning Commission recommends denial by a 3-0 vote. Chairman Nash asked for public comment in favor of the application. Victor Johnson (on behalf of the applicant), the applicant, Harold Gaulding, Chuck Mueller, Joannie Coker, 1320 Scarlett Oak Circle and Melvin Johnson, Kingston Greens all 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. Danny Morris, 2979 Waggoner Grove Church Road, Sherry Fitzpatrick, 859 Charles Hart Road, Charles Potts, 3000 Waggoner Grove Church Road, Larry Hix, 3661 Waggoner Grove Church Road, Dennis Moon, Tara Thomas, 1373 Virginia Lane, Russ Moon, Terry Chandler, 202 Freeman Fowler Road and Nelson McGinnis all spoke in opposition to the application. Chairman Nash asked for other public comment in opposition to the application. Chairman Nash asked for other public comment in favor of the application. Donna Jordan, Hwy 172 Colbert, GA spoke in favor of the application. Victor Johnson spoke again in favor of the application. Darrell Booth, 1415 Kingston Way, spoke in favor of 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 with public water as a condition. There was no second of the motion. The motion died for lack of a second. Chairman Nash asked for a motion regarding this application. Commissioner Fitzpatrick made a motion to deny. Commissioner Youngblood seconded the motion. A roll call vote was recorded as follows: Commissioner Taylor, YES; Commissioner Fitzpatrick, YES; Commissioner Youngblood, YES; Commissioner Drake, NO and Commissioner Scogin, NO. The motion was approved three (3) YES votes to two (2) 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. Harold Gaulding ñ Application to rezone 11.93 acres on Hwy 172 from A1 to B2.

Chairman Nash opened the Public Hearing and recognized Planning and Zoning Commission Vice Chairman Bill Holloway. Mr. Holloway explained the application and said the Planning and Zoning Commission recommends approval by a 3-0 vote. Chairman Nash asked for public comment in favor of the application. Victor Johnson 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 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 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.

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 IX. Harold Gaulding ñ Application to rezone 79.69 acres near Hwy 172 from A1 to R1.

Chairman Nash opened the Public Hearing and recognized Planning and Zoning Commission Vice Chairman Bill Holloway. Mr. Holloway explained the application and said the Planning and Zoning Commission recommends denial by a 3-0 vote. Chairman Nash asked for public comment in favor of the application. Victor Johnson 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. Charles Potts, 3000 Waggoner Grove Church Road, Danny Morris, 2979 Waggoner Grove Church Road, Dennis Moon, Valerie Booth, P O Box 722 Colbert, GA, Larry Hix, Waggoner Grove Church Road and Sherry Fitzpatrick, Charles Hart Road, all spoke in opposition to the application. Chairman Nash asked for other public comment in favor of the application. Victor Johnson spoke again in favor of 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. There was no second of the motion. The motion died for lack of a second. Chairman Nash asked for a motion regarding this application. Commissioner Taylor made a motion to deny. Commissioner Youngblood seconded the motion. A roll call vote was recorded as follows: Commissioner Youngblood, YES; Commissioner Drake, YES; Commissioner Scogin, NO; Commissioner Taylor, YES and Commissioner Fitzpatrick, YES. The motion was approved four (4) YES votes to one (1) NO votes.


OLD BUSINESS:

AGENDA ITEM X. Chairman Wesley Nash ñ Amendment to the Purchasing Policy.

Chairman Nash recessed the meeting at 10:06 P. M. Chairman Nash called the meeting back to order at 10:20 P. M. and announced the agenda item. County Clerk Morris Fortson explained that he and County Attorney Mike Pruett have incorporated the changes to the purchasing policy as directed by the Board and handed out copies of the latest draft of the amendment. Mr. Fortson said that we will present the complete amended purchasing policy to the Board at the next meeting. Commissioner Scogin made a motion to table this item. 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.


NEW BUSINESS:

AGENDA ITEM XI. Chairman Wesley Nash ñ Extension of the Moratorium on Easements.

Chairman Nash announced the agenda item and explained that the current moratorium on easements will expire on July 24, 2002 and requested that the moratorium be extended until August 26, 2002. Commissioner Fitzpatrick made a motion to extend the moratorium on easements until August 26, 2002. 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.


AGENDA ITEM XII. Personnel Coordinator Connie Benge ñ Personnel Issues for the Tax Assessorís Office and EMS.

Chairman Nash announced the agenda item and recognized Personnel Coordinator Connie Benge. Mrs. Benge informed the Board that Rebecca Duncan has passed her Appraiser III exam and is now qualified to hold the Chief Appraiserís position. Mrs. Benge said that Mechell Salter has attained her Appraiser II designation and the Board of Assessorís is requesting that Ms. Salter be promoted to a Class 11, Appraiser II position at a pay rate of $11.49 per hour. Chairman Nash said that he would recommend that the Board approve this promotion. 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.

Mrs. Benge said that EMS Director Dwayne Patton is requesting that the Board hire Lonny McBride as a Class 7 EMT at a pay rate of $8.76 per hour. Chairman Nash said that he would recommend that the Board hire Mr. McBride. 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.

Mrs. Benge said that EMS Director Dwayne Patton is requesting that Brian Keith Jarrettís status be changed from full-time Paramedic to part-time paramedic. Chairman Nash said that he would recommend that the Board approve this change. 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.


AGENDA ITEM XIII. Magistrate Judge Harry Rice ñ Senior Magistrate.

Chairman Nash announced the agenda item and recognized Magistrate Judge Harry Rice. Judge Rice explained the need for an Assistant or Senior Magistrate in circumstances when he may not be available and that such a position must be approved by the Board of Commissioners. Judge Rice said that Michael Coleman, former Chief Magistrate Judge in Athens-Clarke County, had requested to be appointed as a Senior Magistrate in Madison County. Mr. Coleman retired as Chief Magistrate and is a candidate for the Superior Court Judgeís position in Athens-Clarke County. Judge Rice requested that the Board either approve, deny or postpone this appointment until after the election on August 20, 2002. Chairman Nash recognized Kenneth Kalivoda who had signed in to speak on this agenda item. Mr. Kalivoda explained his objection to Mr. Coleman being appointed a Senior Magistrate in another county because of the pending election and asked that Board table this matter. Chairman Nash said that he would recommend that this item be tabled and asked for a motion. Commissioner Taylor made a motion to table. 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 XIV. Chairman Wesley Nash ñ GEFA Grant.

Chairman Nash announced the agenda item and explained that we have received a grant for $16,000.00 from GEFA for the Transfer Station. In order for Madison County to receive this grant the Board must approve the grant contract. Commissioner Taylor 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.


AGENDA ITEM XV. Chairman Wesley Nash ñ Recommendation for appointment to the Advantage Community Service Board.

Chairman Nash announced the agenda item and explained that the Advantage Community Service Board is recommending that the Board re-appoint Mrs. Mary Jo Matthews to serve on their Board. Commissioner Fitzpatrick 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.


AGENDA ITEM XVI. Chairman Wesley Nash ñ Dept. of Community Affairs Local Assistance Grant.

Chairman Nash announced the agenda item and explained that this local assistance grant is for the Madison County Fire Station. Since we have no Madison County Fire Station Chairman Nash said that he has called the Department of Community Affairs and asked who this is for but has had no reply. Chairman Nash said he will place this on the next agenda.


AGENDA ITEM XVII. Chairman Wesley Nash ñ Colbert City Park.

Chairman Nash announced the agenda item and explained that the City of Colbert has asked about the county taking over the maintenance on the Colbert City Park and entering a long term lease agreement on this facility. Chairman Nash said that he would like for the Board to discuss this with the Recreation Board and already has a request to schedule a work session with the Recreation Board on another issue. Commissioner Fitzpatrick made a motion to schedule a work session with the Recreation Board on Thursday, August 8, 2002 at 6:30 P.M. Commissioner Taylor seconded the motion. All in favor say aye. The ayes numbered four (4). All opposed like sign. The nays numbered one (1). The motion was approved.


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

Chairman Nash announced the agenda item and explained that Mr. Cody Lynn from the Secretary of Stateís office has requested a work session with the Board to demonstrate the new voting machines. Commissioner Taylor made a motion to schedule a work session for Monday, August 12, 2002 at 6:00 P. M. Commissioner Fitzpatrick seconded the motion. All in favor say aye. All ayes, the motion was approved.

Commissioner Taylor requested the Road Department to trim bushes on the Hardman Hooper Road and Crabapple Hollow and Sanford Road.


AGENDA ITEM XIX. Chairman Wesley Nash ñ Executive Session for Personnel.

Chairman Nash explained that we have a personnel issue and litigation to discuss in Executive Session. Commissioner Fitzpatrick made a motion to conduct an Executive Session to discuss litigation and a personnel issue. Commissioner Taylor seconded the motion. All in favor say aye. All ayes, the motion was approved. The Board retired to Executive Session at 10:50 P.M.

Chairman Nash called the meeting back to order at 11:17 P.M. and recognized Code Enforcement Officer Jack Huff. As requested by the Board at a previous meeting Mr. Huff had obtained copies of maps of the Colonial Pipeline and Colbert Grove Church Road area from the Georgia Environmental Protection Division. Mr. Huff presented copies of these maps to the Board.


AGENDA ITEM XX. Adjournment

Chairman Nash asked for a motion to adjourn. Commissioner Fitzpatrick made a motion to adjourn. Commissioner Drake seconded the motion. All in favor say aye. All ayes, the motion was approved. The meeting adjourned at 11:24 P. M.



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