STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Regular Meeting at 9:00 a.m. on Monday, November 15, 2004, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted on the bulletin board in the entrance foyer of the County Administration Building.  The Daily Herald was notified of this meeting.  Those present were:

 

            Leland Maddox, Chairman, presiding

            Lee Holman, Vice-Chairman, District V Commissioner

            Warren E. Holder, District I Commissioner

            Gary M. Freedman, District II Commissioner

            Jason T. Harper, District III Commissioner

            Gerry Adams, District IV Commissioner

 

Also attending were Rob Magnaghi, County Manager; Patrick Jaugstetter, County Attorney; Susan B. Craig, County Clerk; Shay Mathis, Deputy County Clerk; LaTonya Wiley, Deputy County Attorney; Michael Harris, Public Works Division Director; Danny Taylor, Economic Development Division Director; Mike Bush, Finance Director; Tommy Smith, Interim Purchasing Director; and others.

 

Chairman Maddox called the meeting to order and asked for an Acceptance of the Agenda.  Commissioner Holman made the motion to accept the Agenda; Commissioner Adams seconded.   The motion carried 5-0-0 with Chairman Maddox, Commissioners Freedman, Holman, Holder, and Adams voting in favor.  (Commissioner Harper was not present to vote.)

 

Chairman Maddox said there is a Committee involved in saving Fort McPherson and Fort Gillem from being closed.  He said this Committee is doing a terrific job, and they feel as though they have secured all the necessary avenues to keep Fort Gillem opened, but there are still concerns and questions regarding Fort McPherson.   Chairman Maddox said the County donated some money to the Committee, and now they have presented the Board with a plaque that will be displayed in the appropriate place.  He recommended the Board to donate more money, if available, because if one of the bases is closed, it is going to be an economic downgrade for Henry County, noting there are a lot of people who live in Henry County and work there.  Chairman Maddox said this will be discussed further at a later time.  

 

 

Commissioner Holman asked how much money the County donated.

 

Chairman Maddox said this started before Commissioner Holman came “on

board;” he said the Committee sent him a letter and he nominated Ms. Tina Coria, a Henry County resident, to participate on the Committee.  Ms. Coria accompanies the Committee on trips to Washington, and she does an excellent job.  Chairman Maddox said the Board of Commissioners, if he remembers correctly, donated $500 to the Committee.

 

 

 

PUBLIC COMMENT:

 

There were no public comments.

 

 

 

PUBLIC SAFETY:

 

Request Approval of a Budget Amendment for Juvenile Court.

 

WHEREAS, the Henry County Juvenile Court received additional grant money in the amount of $2,500.00 for budget year 2003-2004, and the budget needs to be amended to transfer funds in accordance with O.C.G.A. 36-81-3.   

 

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners approves the below-listed budget amendment:

 

            General Fund:  $2,500.00 from Council of Juvenile Court Judges

                                                      to Professional Services:  $2,500.00

 

 

Commissioner Adams made the motion to approve the resolution; Commissioner Holder seconded.  Mr. Mike Bush, Finance Director, stated the Board has already approved the money; this is just a budget transaction.  He said this grant was an extension where extra money was left over and designated for the month of September.  The motion carried 4-0-0 with Commissioners Freedman, Holder, Holman, and Adams voting in favor.  (Commissioner Harper was not present to vote.)

 

 

 

 

 

 

 

PUBLIC WORKS:

 

Request Approval of a Bid Regarding Roadside Vegetation Control Services.

 

            WHEREAS, sealed bids were solicited for roadside vegetation control services for the Henry County Department of Transportation; and,

 

            WHEREAS, three (3) vendors submitted bids for these services, as indicated; and,

 

            WHEREAS, funds are available in the budget of the Department of Transportation for these services; and

 

            WHEREAS, NaturChem West’s bid in the amount of $22,176.00 (annually) meets bid specifications and is recommended by departmental personnel.

 

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the bid for roadside vegetation control services to NaturChem West in the amount of $22,176.00 annually; contract is for a period of three (3) years, provided funds are appropriated for each year of the contract period.  The Chairman is authorized to sign all necessary documents to accomplish this purchase.

 

Commissioner Holman made the motion to approve the request; Commissioner Holder seconded. 

 

Commissioner Adams asked about the guarantee; Trugreen Chemlawn bid $85,474.00, and he noticed the bids ran from $22,176.00 to $85,474.00. 

 

Commissioner Holder explained this is a process the Board has gone through for many years, and they use this treatment on certain roads.  He said the Board has done this every year since he has been on the Board. 

 

Mr. Neo Chua, Department of Transportation Director, said the goal is to have this done before next spring, and he expected it to take 2 to 3 years for completion, and by then, the Bermuda seed will take over.   Mr. Chua said if there is no difference after the first year, the contract will not be extended. 

 

Mr. Magnaghi, County Manager, suggested a monitoring process, stating if the product is not correcting the problem, staff can intercede rather than waiting for a year to pass for bidding purposes. 

 

Mr. Leon Forrer questioned how the chemicals used would affect the Stormwater Program.  

 

Commissioner Holder stated it has to be an approved chemical.  Chairman Maddox said he uses it sometimes, and it is effective; there is no worry regarding the runoff. 

 

Mr. Tommy Smith, Interim Purchasing Director, referred to the contract and read, “all chemicals used shall be labeled and EPD approved for the intended purpose.”

 

The motion carried 4-0-0 with Commissioners Holman, Holder, Adams, and Freedman voting in favor.  (Commissioner Harper was not present to vote.)

 

 

Resolution Requesting Approval to Rename Hood Road.

 

Mr. Chua stated Hood Road originally connected West Hemphill Road to the south and State Highway 138 to the northeast.  In 1993 the Henry County Board of Commissioners voted to abandon the mid-section of Hood Road to allow for a subdivision development (McKenzie Station Subdivision), thereby dividing Hood Road into two (2) roads.  Both roads retained the name, Hood Road.  He said this poses potential conflicts for law enforcement officials, emergency personnel, and the traveling public.  To eliminate further confusion, Henry County Department of Transportation request this portion of Hood Road connecting State Highway 138 be renamed Troy Jackson Road.   The resolution reads as follows:

 

WHEREAS,­­­­­­­­­­­­­­­­­­­­­­­­­­­  Mr. Troy Jackson, has filed with the Board of Commissioners of Henry County, Georgia, a Petition for Road Name Change of a portion of a  public road known as Hood Road located in Land Lot, 99,100  of the 11th District of Henry County, Georgia; and

           

            WHEREAS, that portion of said road sought to be renamed is shown on a map which is attached to the said Petition, marked exhibit “A”, and

 

            WHEREAS, from time to time it becomes apparent to the Board of Commissioners that it would be advantageous to property owners along the road, and to Henry County to change the names of certain roads, and to Henry County to change the names of certain roads, and it further appears to be in the best interest of all concerned as well as in the best interest of the public and Henry County, Georgia, to rename Hood Road as sought by the aforesaid Petitioners;

 

            NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, at its public meeting duly assembled, that Hood Road shown marked on a map which is attached hereto marked Exhibit “A”, and by reference made apart hereof, and a copy of which is on file in the office of this Board, be and same is hereby changed to Troy Jackson Road.  Said road beginning at State Highway 138 and extending to the dead-end.

 

 

Commissioner Holman made the motion to approve the resolution; Commissioner Adams seconded.

 

Commissioner Holman asked Mr. Chua why the name, “Troy Jackson Road” was selected. 

 

Mr. Chua said this portion of the road is very small and the residents who live on that road are related to the Jackson Family.  Since Jackson Road already exists in Henry County, the name “Troy Jackson Road” was chosen. 

 

Commissioner Holman said if the “911” Emergency Communications Department has looked at this name and there is no confusion, he had no problem with the name. 

 

Chairman Maddox asked if there was any opposition to this request; there was no response. 

 

                        (Commissioner Harper entered the meeting.)

 

The motion carried 5-0-0 with Commissioners Holman, Adams, Holder, Freedman, and Harper voting in favor.

 

 

Emergency SPLOST Items – Dirt Road Projects.

 

WHEREAS, the Dirt Road Projects listed below have been designated with an approved budget in fiscal year 2006;

 

            WHEREAS, the availability of funds to start construction on these Dirt Road Projects is available in 2005;

 

WHEREAS, this would expedite the schedule for:

 

Alexander Road                                   Pleasant Grove Road (south section)

Colvin Drive                                         Rowan Road

Harper Drive                                        South Ola Road

Luella Road/Frog Road                        Sorrow Road

Nail Road                                             Stone Road

Unity Grove Road

                                                                                                                               Totaling    $5,918,047.00

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the reallocation of funds from 2006 to 2005 for these Dirt Road projects.

 

Commissioner Holman made the motion to approve the resolution; Commissioner Holder seconded. 

 

Commissioner Adams asked if this would be the triple surface treatment (alternative). 

 

Mr. Michael Harris, Public Works Division Director, stated the alternative paving method would be used on Alexander Road, Colvin Drive, Harper Drive, Nail Road, Pleasant Grove Road, and Rowan Road.  South Ola Road, Luella Road/Frog Road, and Sorrow Road would be a combination of both alternative and concrete. 

 

Commissioner Freedman asked how these particular roads were chosen, because he has many in District II that need to be on the Dirt Road Project list.  Mr. Lynn Bledsoe, SPLOST Program Manager, stated the above are all designated roads; staff rode with the Commissioners and these were the ones selected.  He said these will go out for bid within the next six (6) weeks. 

 

The motion carried 5-0-0 with Commissioners Harper, Freedman, Holder, Adams, and Holman voting in favor.

 

 

ADMINISTRATION AND FINANCE:

 

 Resolution Pertaining to a Contract for Temporary Staffing Personnel Services.

 

             WHEREAS, sealed bids were solicited for Temporary Staffing Personnel Services; these services will be scheduled by Human Resources as required by the various departments.                       

 

            WHEREAS, fifteen (15) vendors submitted bids for these services as indicated; and

 

            WHEREAS, the Human Resources Department recommends award to the following vendors:

             

                           VENDOR                                                              CITY/STATE

 

                 Angelyn Staffing, Inc.                                              McDonough, Ga.

                 Corporate Staffing                                                    Stockbridge, Ga.

                 Personnel Management, Inc.                                    McDonough, Ga.

 

 

           NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the contract for Temporary Staffing Personnel Services to the recommended vendors and authorizes the Chairman to sign all necessary documents to accomplish this purchase.

 

Commissioner Harper made the motion to approve the resolution; Commissioner Holder seconded. 

 

Commissioner Freedman said he is astounded at the costs; he said the County does not pay their own employees that kind of money. 

 

Mr. Tommy Smith said, “many different kinds of services were offered; we took the ones most likely to fit our needs, which is on the vendor bid summary.  They have a range (minimum amount/maximum amount), depending on the qualifications of the person they have at the time.  This is not widespread; it is not highly used.  But from time to time, the County does hire temporary staff to fill a void.  We have never had a system where it is sent out for bid.  When I was the interim Human Resources Director, I saw a need to make the playing field level and allow these people who wanted to participate be allowed to bid on this.  This makes it fair and equitable.”

 

Commissioner Holder stated, “the Board needs to consider the amount of salary.  One thing we need to consider, especially on the lower end where the ‘techs’ normally come from, is the total cost to the County, whereas the benefit package on the lower end of employees, who come to the County for insurance benefits, ends up being equivalent to about 50% of their salary.”

 

Mr. Smith said before we hire temps, staff searches within the system diligently to see if there is someone who is temporarily incapacitated on their regular job who can fill these jobs.  Hiring a temp would be the last resort, and when we are in need of temporary staffing, the first company contacted would be the lowest bidder. 

 

The motion carried 5-0-0 with Commissioners Harper, Holder, Holman, Adams, and Freedman voting in favor.

 

 

Request Approval of a Resolution Amending the Fiscal Year 2003-2004 Budget.

 

WHEREAS, the Henry County Board of Commissioners adopted the Fiscal Year 2003-04 Budget on May 29, 2003; and

 

            WHEREAS, the Budget needs to be amended periodically to transfer funds interdepartmentally and intradepartmental in accordance with O.C.G.A. 36-81-3. 

 

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the below-listed budget amendment:

 

General Fund:               $6,649,703 from Various Accounts to $6,649,703                                                                                                            Various Accounts.

 

 

Commissioner Harper made the motion to approve the resolution; Commissioner Adams seconded.

 

Chairman Maddox asked, “what are these various accounts, and why would we have $6,000,000 that was not appropriated for a certain item?”

 

Mr. Mike Bush, Finance Director, said when the budget was set up for 2003-2004, “pool monies” were set up for all utility bill expenses to be regulated.   All of the “pool monies” were spread throughout the entire budget, fixing any variances that were negative and variances that were close to being even, so that when the financial audit is turned in this year, the State will not ask any questions.  This was basically mandated by the State for the County to take it out of the unallocated and place it where the expenses actually go.  Mr. Bush said the expenses were moved, but the budget was not, even though the auditors said the budget could be moved after year-end.  He said the $6,000,000 is an operating transfer; that is where money is taken out of the General Fund and placed into the E911 Fund, where they can operate.  This is also Debt Service for all of the additional debt the County added during this current year.  Mr. Bush said money was moved into the Capital Projects Fund to service roads, etc. 

 

Mr. Magnaghi said, “since this is such a large item with a lot of questions, as long as we use the pool accounts, we will constantly be having funds shifted from one account to another.  He had discussed this with Mr. Bush regarding bringing this back before the Board to make adjustments on a more frequent basis (monthly or quarterly), as opposed to once a year.  This will give the opportunity to provide more detailed information on the issues, and the Board would be a part of the transactions.”

 

Commissioner Freedman said under GASB 34, at least a two-year old law, the County is required to allocate expenses out of budgeted items.  He did not understand why this is not done every time it is spent; he asked why are we reconciling, when this should be done as we are going along under GASB? 

 

Mr. Bush said the Board just approved a budget amendment earlier for the Juvenile Court; that was done immediately.  At the end of the year, staff came before the Board and said, “we can’t have these expenses which were charged to this 1091 Account.”  He said these expenses cannot be sitting; they have to be allocated, based on GASB 34.   Mr. Bush said GASB 34 does not say that the budgets have to be allocated.

 

Mr. Magnaghi stated, “part of the problem is having pool funds which go back to the personnel costs.  For example, in the past, the Board has approved the budget that allowed large amounts of money to be put into pool resources.  Part of that is personnel; the pool resources have been interpreted where any position that was vacant at the time the budget was created was considered a non-existing position.  So all of that money was put into pool resources.  Every time the County hired somebody into a position that was not filled when the budget was approved, that came from pool resources, which meant money had to be transferred in each of those individual departments.  I would like to look at that as to a different way to approach it because of the sheer paperwork that is created.  There are ways we can do this to minimize the number of transactions currently in place.”

 

Commissioner Holman asked, “how does this affect the budget the Board of Commissioners adopted?”

 

Mr. Bush answered, “budget-wise, this does not have any affect on the bottom line.”

 

Commissioner Holman responded, “since there is roughly $6,000,000, which departments are having the most transfers?”

 

Mr. Bush said the Police Department.  Mr. Magnaghi restated when the budget was created, in the Police Department there were twenty-five (25) vacant positions (even though they had previously been approved by the Board), and when the budget was adopted under the present policy, the County showed twenty-five (25) positions that were basically eliminated from the department’s budget and put in the pool resources.  He said each time those positions were filled, that money would have to go from pool resources into the individual line item for that department.  Rather than do it for every single one, Mr. Bush is trying to reconcile it into one document.  Mr. Magnaghi said the County will change the policy somewhat to make it more frequent to avoid the numbers of magnitude discussed here. 

 

The motion carried 5-0-0 with Commissioners Harper, Holder, Freedman, Holman, and Adams voting in favor.

 

 

HUMAN AND COMMUNITY SERVICES:

 

Request Approval to Amend the Budget to Reflect Additional Funds from an ARC Grant.

 

WHEREAS, the Henry County Board of Commissioners adopted the Fiscal Year 2004-2005 Budget on June 14, 2004; and

 

WHEREAS, the Budget needs to be amended periodically to transfer funds interdepartmentally and intradepartmental in accordance with O.C.G.A. 36-81-3.

 

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners approves the below listed budget amendment:

 

            General Fund:    $17,716 from ARC Grant Revenues

                                       $17,716 to Food Account.

 

 

Commissioner Harper made the motion to approve the resolution; Commissioner Adams seconded.  The motion carried 5-0-0 with Commissioners Harper, Adams, Holman, Holder, and Freedman voting in favor. 

 

 

ECONOMIC DEVELOPMENT:

 

Request Review and Approval to Adopt the Planning Commission Rules for the Transaction of Business By-Laws.

 

WHEREAS, the Henry County Planning Commission, has prepared a “Planning Commission Rules for the Transaction of Business By-Laws;” and

 

WHEREAS, the Planning Commission Rules for the Transaction of Business By-Laws were prepared pursuant to Article II.  County-Municipal Planning Commission, Section(s) 3-6-16 through 3-6-24 of the Henry County Code of Ordinances; and

 

WHEREAS, the Planning Commission voted on October 14, 2004 at a public hearing to forward this document to the Henry County Board of Commissioners for review and adoption. 

 

BE IT THEREFORE RESOLVED that the Henry County Board of Commissioners does hereby review and adopt the “Planning Commission Rules for the Transaction of Business By-Laws” document pursuant to Article II, County-Municipal Planning Commission, Section(s) 3-6-16 through 3-6-24 of the Henry County Code of Ordinances.

 

Commissioner Holman made the motion to approve the resolution; Commissioner Holder seconded.

 

Commissioner Adams asked, “should something become unworkable, can the Board of Commissioners amend it?” 

 

Mr. Jaugstetter, County Attorney, said the Board of Commissioners and the Planning Commission could together to amend it.

 

The motion carried 5-0-0 with Commissioners Holman, Adams, Harper, Freedman, and Holder voting in favor.

 

 

Request for Appeal:  Mr. Gerald Hudgins is Requesting to Appear to Appeal the Decision of Development Plan Review to Uphold the Conditions of Variance 99-030.

 

WHEREAS, Gerald Hudgins has filed an appeal of the decision of Steve Schafer of Development Plan Review Department and;

 

WHEREAS, on December 20, 1999, the Board of Commissioners approved a Variance with conditions (VR-99-030) for this development and;

 

WHEREAS, on review by Development Plan Review Department all conditions for VR-99-030 have not been met and;

 

NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners, moves to rescind the following conditions of VR-99-030:

 

1.                The proposed road system shall be constructed to County base and

paving standards.

 

14.              The proposed road shall be named and identifiable for emergency

service purposes and shall include individual lot number identifications.

 

15.              Road shall be signage by the developer as required by the Manual

on Uniform Traffic Control Devices.

 

Commissioner Harper moved the resolution with the following verbage: 

 

“NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners move to rescind the following conditions as read by the Chairman.”

 

The second part of the resolution should read: “should this road ever be dedicated to the County, those conditions would be re-instituted prior to the acceptance of the road by the County.”

 

Commissioner Holman seconded. 

 

Mr. Mike Horne, representing Mr. Gerald Hudgins, stated they submitted a final plat that was rejected.  Along with the conditions mentioned relating to the road and the conditions relating to agricultural uses on the property, there is also a flood plain issue.  The plat was rejected and the Development Plan Review Department asked for a flood study with cross sections on the creek to be submitted.  Mr. Horne said they did not perform a flood study on that section of Walnut Creek, but FEMA has published a map on that section, and Mr. Horne said his staff took those elevations and drew the line based on that map.  The engineer in the Plan Review Office asked for a cross section to be done on the creek.   Mr. Horne said this has not been done because the flood elevation was based off the FEMA map, and they have raised it a couple of feet.  He said it does cross a couple of lots, but he felt comfortable that it will not affect the lots. 

 

Commissioner Holder said the intended purpose was to have estate-size lots, because it is a private street. 

 

Chairman Maddox said, “you have to look at the zoning and see what they have.  If that is the case, wouldn’t they have to come back and ask for a rezoning from R1 to RA?”

 

Commissioner Harper stated, “the whole thing is getting a permit to turn lights on at a barn; you cannot get a CO on a barn if you are not allowed to build a barn, even though it is a horse pasture……it is sort of ridiculous.  You want low density zoning; you get it, and then they do not allow the people to build a barn because of it.”

 

Commissioner Freedman said if it is R1, the people cannot have the horses there anyway.  

 

Chairman Maddox asked, “in just amending the road, is that going to change the fact he is going to build a barn back there unless you change the zoning?”

 

Mr. Steve Schafer, Development Plan Review Director, said the zoning has to be clarified; he said it was thought to be RA zoning all along.  Mr. Schafer said it was never intended to be R1, but somehow it got transferred or somewhere along the way it was showing on the maps as R1. 

 

Commissioner Freedman referenced the applicant’s letter and asked if it discussed the road including the request about RA and R1.

 

Mr. Schafer said it was mentioned that the agricultural activities associated with RA would be allowed in the district. 

 

Commissioner Freedman asked why this was not included in the resolution. 

 

Mr. Schafer said it was in the letter as an after-thought.  It was not one of the conditions listed, but they asked for clarification. 

 

Commissioner Freedman said it should be added to the resolution for this to be resolved. 

 

Commissioner Harper stated, “it says, we asked that the agricultural activities associated with all RA districts be allowed on this property.”

 

Chairman Maddox said that will open a “gate” for other R1 rezonings. 

 

Commissioner Harper said to perfect the record, a hearing should be held on the clarification of zoning conditions, because they have shown letters that say, “your land is RA,” but the Board is here tonight for R1.  Otherwise, there will be several months of processing to rezone this. 

 

Chairman Maddox said the zoning should be changed, and this should be done immediately. 

 

Commissioner Adams asked if Mr. Hudgins was agreeable to this being zoned ‘agricultural.’  Mr. Horne replied they are agreeable and would be glad to come back to zone the property RA. 

 

The motion on the existing resolution to uphold the conditions of Variance 99-030 carried 5-0-0 with Commissioners Harper, Holman, Freedman, Holder, and Adams voting in favor. 

 

 

A Resolution to Support the Fairview Road Livable Centers Initiative (LCI) Planning Study Grant Application, and Commit the Required Matching Funds to Develop the Study.

 

WHEREAS,   Henry County desires to establish a vision, plan and implement the goals of its Comprehensive Plan, bring order to growth, and discipline to the way we develop, and

 

WHEREAS,  Henry County is a member of the Atlanta Regional Commission (ARC), and is committed to ARC quality growth policies and initiatives that are consistent with the County’s policies, goals and initiatives, and

 

WHEREAS,   The ARC has established the Livable Centers Initiative to provide funding for investment studies and transportation projects located in activity and town centers within the Atlanta Region, and

          

WHEREAS,  The Board of Commissioners of Henry County, Georgia supports the Livable Centers Initiative Planning Study Grant Application, and commits the twenty percent (20%) required matching funds to develop the study.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Henry County approve this resolution.

 

Commissioner Holman made the motion to approve the resolution; Commissioner Freedman seconded. 

 

Ms. Kimberly Smith, Planning and Zoning Director, stated, “we are doing two (2) different applications; one is for the Jonesboro Road Corridor and the other is the Fairview Road LCI area.  The Jonesboro Road Corridor area is a $20,000 match, and we did not list the match allotment for the Fairview Road area, but it is $15,000 (20% of $75,000).”

 

The motion carried 5-0-0 with Commissioners Holman, Freedman, Harper, Holder, and Adams voting in favor.

 

 

 

 

 

 

 

A Resolution to Support the Jonesboro Road Livable Centers Initiative (LCI) Planning Study Grant Application, and Commit the Required Matching Funds to Develop the Study.

 

WHEREAS,   Henry County desires to establish a vision, plan and implement the goals of its Comprehensive Plan, bring order to growth, and discipline to the way we develop, and

 

WHEREAS,  Henry County is a member of the Atlanta Regional Commission (ARC), and is committed to ARC quality growth policies and initiatives that are consistent with the County’s policies, goals and initiatives, and

 

WHEREAS,   The ARC has established the Livable Centers Initiative to provide funding for investment studies and transportation projects located in activity and town centers within the Atlanta Region, and

          

WHEREAS,  The Board of Commissioners of Henry County, Georgia supports the Livable Centers Initiative Planning Study Grant Application, and commits the twenty percent (20%) required matching funds to develop the study.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Henry County approve this resolution.

 

Commissioner Freedman made the motion to approve the resolution; Commissioner Harper seconded.  The motion carried 5-0-0 with Commissioners Freedman, Harper, Holder, Holman, and Adams voting in favor.

 

 

REZONINGS:

 

Hudgins Communities, Inc. – RZ-04-67.

 

WHEREAS, Hudgins Communities (RZ-04-67) has applied for a rezoning from PD (Planned Development) to M-1 (Light Manufacturing) to allow for the construction of an office park, for property located at 1793 State Route 42 South, in Land Lot 231 of the 7th District (Parcel ID# 110-01-021-000) consisting of 125.2 +/- acres; and

 

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

 

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

 

WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended approval of the request on October 28, 2004; and

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the rezoning request with the following conditions:

 

  1. All buildings shall be constructed of brick, stone, stucco, or tilt-up concrete or any combination thereof.  A metal expansion wall will be allowed and no more than 25 percent of the total wall area of the building.

 

  1. A forty-foot (40’) buffer shall be planted along the property lines adjacent to land zoned residential.  In the event that the existing vegetation is not adequate to provide proper buffering, as determined by Planning Staff, the following number of plant materials shall be required for each sixty linear feet (60’), or portion thereof, of the required property buffers.

 

    1. One (1) canopy tree
    2. One (1) evergreen tree
    3. One (1) understory tree
    4. Five (5) shrubs

 

  1. All lighting shall consist of lights with a moderate brightness so as to reduce the impact on surrounding residential property owners. Such lighting is to be coordinated through the Planning and Zoning Department to engineering standards as recognized in this type of industry.

 

  1. All dumpsters shall be enclosed with three-sided brick, stucco or concrete if not located adjacent to a building on the property.

 

  1. Acceleration/deceleration lanes shall be required where appropriately designated by the Georgia Department of Transportation

 

  1. The developer shall follow the Henry County Comprehensive Tree Ordinance.

 

 

Commissioner Holder made the motion to approve the resolution; Commissioner Holman seconded. 

 

Mr. Mike Horne, representing Hudgins Communities, Inc., stated this property was zoned RA in 2002, but they came back earlier this year and asked for a portion to be changed to PD residential.  Presently, Mr. Horne said they are asking for a portion of that (126 acres) to be zoned back to M-1.  He said the request meets all of the DRI and the reports from GRTA with the allowed square footages staying the same. 

 

Mr. Horne said they are also looking at some industrial buildings that are about forty-five (45) feet in height, and asked the Board to consider adding a condition allowing Hudgins Communities to have forty-five (45’) foot distribution buildings on site. 

 

Commissioner Holder said the Board can add condition #7 to allow the maximum up to forty-five (45’) feet.  Commissioner Holder asked if Mr. Horne was agreeable to the other six (6) conditions, and Mr. Horne said, ‘yes.’ 

 

Commissioner Holman amended his second to include condition #7. 

 

Commissioner Holman referenced condition #1 and asked Mr. Horne if the Board could strike the word, “stucco.”  Mr. Horne referred Commissioner Holman’s question to Mr. Forrest Robinson with Cousins Properties, who has the property under contract, who could answer the architectural questions. 

 

Mr. Robinson said he did not have a problem with it, except sometimes the soffit area is made out of stucco.  He said as far as the primary building materials, he would not have a problem in eliminating that request.  Typically, the soffit areas (like in entrances) are done out of a stucco material (decorative accents).  

 

Commissioner Holman referred to condition #1 again and asked to strike the word, “stucco” and just allow stucco as an accent.   Commissioner Holman asked Commissioner Holder if he would amend his motion for this change.  Commissioner Holder agreed to the change.  Commissioner Holman amended his second. 

 

The motion carried 5-0-0 with Commissioners Holder, Holman, Adams, Freedman, and Harper voting in favor.

 

 

Shawshank Limited – RZ-04-05.

 

WHEREAS, Shawshank, Ltd. (RZ-04-05) has applied for a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for the development of a residential subdivision, for property located along the southern side of Farris Drive and to the west of State Route 155, in Land Lots 222, 226 and 227 of the 7th District (Parcel ID Number 077-01-001-000) consisting of 52.47+/- acres; and

 

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

 

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

 

WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended approval of the request on October 14, 2004; and

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the rezoning request with the following conditions:

 

1.      The net density of the proposed development shall not exceed 2.5 dwelling units per acre.

 

2.      The minimum lot size shall be 10,000 square feet.

 

3.   All homes shall have a minimum of 2,000 square feet of heated floor space with three sides consisting of brick, stone, stucco, or any combination thereof; and the remaining side shall consist of masonry or hardi-plank.  Vinyl shall only be used for the soffit, eaves, cornices, and dormers.            

 

4.   The developer is responsible for bringing Farris Drive up to the current County Road Standards, from the subdivision entrance extending eastward to State Road 155.

 

5.   A homeowners association shall be created and shall be responsible for maintaining the open space areas.

 

6.   To increase connectivity with the surrounding residential neighbors, a future road stub-out shall be located along the southwestern property line as shown on the Concept Plan.

 

7.   Streetlights and underground utilities shall be required.

 

8.   A walking trail shall be provided throughout the open space area.  The walking trail will be lit.  There shall be sidewalks on both sides of the road throughout the development.

 

9.   The houses shall be built on-site with two-car garages standard.  No modular homes will be allowed.

 

10. All yards shall be fully sodded.

 

11. The open space area cannot be developed except for the walking trails as approved by the Development Plan Review Department.

 

Commissioner Freedman made the motion to approve the resolution; Commissioner Holman seconded. 

 

Commissioner Freedman stated Danny Taylor and he worked with the two (2) applicants for a year and improved the greenspace areas.  Last week at the Comprehensive Plan Meeting, there was discussion to encourage people to leave greenspace and where tradeoffs would have to occur.  He said the developer has plans to pave Farris Drive, which is a tremendous expense to him, noting to have good developers like this, who are willing to work with the County, is a real plus to preserve the greenspace. 

 

Commissioner Holman asked the applicant if he would mind striking the word, “stucco” in condition #3.  The applicant, Mr. Carl Jones, said he did not have a problem with that request.   

 

Chairman Maddox asked if there was any opposition to this request; there was no response. 

 

Commissioner Freedman amended his motion to strike the word, “stucco” in condition #3.  Commissioner Holman amended his second.  The motion carried 5-0-0 with Commissioners Freedman, Holman, Holder, Adams, and Harper voting in favor.

 

 

Brian Cagle – RZ-04-42 – Resolution Denying a Rezoning Request.

 

WHEREAS, Brian Cagle (RZ-04-42) has applied for a rezoning from RM (Multi-Family Residence) to C-3 (Heavy Commercial) to allow for the development of a commercial park, for property consisting of 11.27 +/- acres and located at the northeast intersection of State Route 81 and Mitchell Trail, in Land Lot 185 of the 6th District (Parcel ID# 019-02-034-005); and

 

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

 

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

 

WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended denial of the request on October 14, 2004; and

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners denies the rezoning request.

 

Commissioner Freedman stated he has a motion to strike the word, “deny,” and for it to be left until the presentation is heard; Commissioner Holman seconded. 

 

Mr. Andy Welch, attorney representing the applicant, said their request is to rezone the property from RM to C-3 for the property located at Mitchell Trail and Ga. Highway 81.  The existing properties surrounding it are zoned RM to the north, east, and west, and the property to the south is zoned R-2.  The four (4) lots to the west of the subject property are zoned C-3, and the other properties to the west of that property are zoned C-2 and C-3.  The Future Land Use Map designates this property and surrounding property for future commercial.  The conditions of zoning have been provided in staff’s report, and Mr. Welch said he had a few changes and additions to be made based on discussions with the District Commissioner. 

 

Mr. Welch distributed to the Board a handout of the Planning Commission’s recommended conditions in plain text with the applicant’s additions in bold and modifications in strikethrough as follows: 

 

1.      There shall be no outside storage facilities.

2.      Applicant requests that this condition be removed.  Construction of a wall no less than six (6’) feet, but no more than eight (8’) feet in height along property lines that directly abut residential land uses.  The wall is to be constructed of materials consistent with those used for the primary structures within the development and places at all applicable property lines.

3.      All sides of the warehouse-type building shall be constructed of brick, stone, stucco, glass, stone of any combination thereof. 

4.      A detailed landscape plan shall be submitted and shall meet exceed the minimum requirements of the ordinance by including heavy landscaping throughout the entire site.  All parking rows shall have a minimum of three (3) landscaped islands.  The Department of Development Plan Review shall have final approval of the plan prior to the issuance of any permits.

5.      An exterior lighting plan shall require all lighting to be of moderate brightness and consist of downcast lighting.

6.      Detention ponds shall be screened via heavy landscaping along the perimeter of the pond.  The details of which shall be included as part of the landscape plan.

7.      Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides.  The enclosure should be constructed of brick, stone, stucco or any combination thereof provided it is consistent with the primary structure, and shall not exceed eight (8’) feet in height.

8.      There shall be a Master Sign Development Plan reviewed and approved by the Henry County Department Plan Review.  All signage shall have a consistent character and design details (such as trellis, brick, river stone, etc.) that reflect the design of the project.  The primary ground signage shall be monument-based and shall not exceed fifteen (15’) feet in height. 

9.      Developer agrees to improve Mitchell Trail Road from where it intersects at Georgia Highway 81 to a point one hundred (100’) feet beyond the centerline of any entrance to the development along said road to County specifications.

10.  There shall be no metal buildings.

11.  The following uses shall be excluded from the zoning of the property:

 

a.                  Commercial kennels for boarding of pets.

b.                  Mobile home sales lots.

c.                   Tire retreading.

d.                  Used car and truck sales.

e.                   Pawnshops.

f.                    Animal hospital or clinic.

g.                   Funeral homes.

h.                   Mortuaries.

i.                     Ambulance services.

j.                    Bus terminals.

k.                  Laundromats.

l.                     Taxi office.

m.                 Crematoriums, and

n.                   Travel trailer/recreation vehicle parks.

 

Mr. Welch referenced staff’s condition #2 and asked for it to be struck; he said the applicant will comply with the Buffer Ordinance, which will require a thirty (30’) foot planted buffer.  Referencing condition #4, Mr. Welch stated, “a detailed landscape plan shall be submitted and shall meet (not exceed) the minimum requirements………”   In condition #6, the word, “heavy” is misspelled.  In condition #9, the improvement of the road will be to County standards.  Regarding condition #10, this may be excluded since the facade requirements will be discussed in condition #3.  

 

Commissioner Holman asked if the applicant would consider striking the word, “stucco” in condition #3.   Mr. Welch responded, “no, we originally requested to have 3-sided metal buildings; but after discussions with Commissioner Holman and all Commissioners, the consensus was clear that ‘brick, stone, and stucco’ would be included.” 

 

Commissioner Freedman said, “in our Land Use Maps, where we have these old zonings, we need to start reversions on these.”  Chairman Maddox asked Commissioner Freedman to create a resolution to require the Planning and Zoning Board to do that.  Commissioner Freedman stated he has not been successful in getting resolutions passed, but he would certainly give it a try. 

 

Commissioner Freedman made the motion as read approving the rezoning request with the following conditions:

 

1.      (Stays the same)

2.      There shall be a planted thirty (30’) foot buffer abutting all residential areas.

3.      All sides of warehouse-type building shall be constructed of brick, stone, stucco, glass, or any combination thereof.  Retail/commercial buildings shall be 4-sides brick.

4.      (Stays the same)

5.      (Stays the same)

6.      (Stays the same)

7.      (Stays the same)

8.      (Stays the same)

9.      (Stays the same)

10.  (Strike #10)

11.  (Condition #11 becomes condition #10.)

 

Commissioner Holman amended his second.  Chairman Maddox asked if there was any opposition to this request; there was no response.  The motion carried 5-0-0 with Commissioners Freedman, Harper, Holman, Holder, and Adams voting in favor.

 

 

AGENDA AMENDMENTS:

 

Resolution Approving a Subdivision Entrance Sign in Right-of-Way – PTH Development Corporation (Peachtree Glen Subdivision).

 

WHEREAS, PTH Development Corporation has applied to locate a subdivision entrance sign in the right-of-way, for property located on West Panola Road, in Land Lot 186 of the 12th District, consisting of 49.74 +/- acres; and

 

WHEREAS, the applicant has submitted information required for signs located in the right-of-way pursuant to Section 3-7-235(g) of the Henry County Sign Ordinance, and

 

WHEREAS, the Henry County Department of Transportation has reviewed the request and prepared a letter approving the location of the subdivision sign, which is attached as an exhibit that is part of the public record; and

 

WHEREAS, PTH Development Corporation has prepared a letter stating their intentions to maintain and repair the proposed sign in the right-of-way for the life of the sign, which is attached as an exhibit that is part of the public record; and

 

WHEREAS, the sign should be constructed to safety standards as delineated by Henry County Department of Transportation; and

 

WHEREAS, the County reserves the right to remove the subdivision sign if such need arises.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the request for placement of the subdivision entrance sign at the location stated above.

 

 

Commissioner Holman made the motion to approve the resolution for discussion; Commissioner Harper seconded for discussion. 

 

Commissioner Harper said on the application, the material to be used in the construction of the sign is concrete block and stone, and he thought the County’s requirement is the sign should be constructed of break-away material. 

 

Commissioner Holder said this is a DOT concern, and anything in the right-a-way has to be break-away.

 

Commissioner Harper said there is no problem with the sign; it looks good and located at the entrance of the subdivision.

 

Commissioner Holman amended his motion to include the following language as an added condition:  “The sign shall meet safety requirements as specified by Henry County Department of Transportation.”  Commissioner Harper amended his second.  The motion carried 5-0-0 with Commissioners Holman, Harper, Holder, Adams, and Freedman voting in favor.

 

 

Resolution Approving a Subdivision Entrance Sign in Right-of-Way – First Southern Development (Panhandle Corners Subdivision).

 

WHEREAS, First Southern Development has applied to locate a subdivision entrance sign in the right-of-way, for property located on Panhandle Corner and Woolsey Road, in Land Lot 225 of the 6th District, referred to “Panhandle Corners Subdivision”; and

 

WHEREAS, the applicant has submitted information required for signs located in the right-of-way pursuant to Section 3-7-235(g) of the Henry County Sign Ordinance, and

 

WHEREAS, the Henry County Department of Transportation has reviewed the request and prepared a letter approving the location of the subdivision sign, which is attached as an exhibit that is part of the public record; and

 

WHEREAS, the applicant shall be responsible for the maintenance and repair of the proposed subdivision sign in the right-of-way for the life of the sign, which is attached as an exhibit that is part of the public record; and

 

WHEREAS, the existence of the entrance sign shall be documented on the “final plat” for the development; and

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the aforementioned request for the erection of a subdivision entrance sign at the location stated above.

 

Chairman Maddox questioned, “the applicant shall be responsible for the maintenance and repair of the proposed subdivision sign in the right-of-way for the life of the sign.”  He said that is a long time; he asked where First Southern Corporation is going to be five (5) years from now. Commissioner Freedman said this is a good point; maybe it should state, “and/or homeowners association.”  Chairman Maddox said the Board should restructure the code to say, “signs should be out of the right-of-way and on the side,” where most of them are. 

 

Commissioner Adams said he has a problem with “the life of the sign.”

 

Commissioner Freedman stated the Board created an ordinance a few years ago stating signs cannot be placed in the right-of-way, because it could obstruct the view and create a safety hazard; however, then the Board started making exceptions to it. 

 

Chairman Maddox suggested from today forward, the DOT should be informed this will not happen again and the code should be changed. 

 

Commissioner Freedman added a sentence to the resolution stating, “the sign shall be constructed to safety standards as specified by Henry County Department of Transportation, both line of sight and the structure itself.”

 

Commissioner Holman asked if the Board should be concerned with maintenance. 

 

Mr. Steve Schafer, Development Plan Review Director, stated, “typically what you see in a subdivision is at least one homeowner who takes the initiative to maintain the signs for repair.”

 

Mr. Jaugstetter, County Attorney, said all the County has to say is that the County will not maintain it.  The Board cannot appoint the individual or the association to maintain the sign. 

 

Commissioner Freedman amended his motion to add another “Whereas,” as follows:

 

            WHEREAS, the sign shall be constructed to safety standards delineated by the  

            Henry County DOT, and

 

            WHEREAS, the County reserves the right to remove the sign if such need 

            arises.”

 

Commissioner Harper amended his second.  The motion carried 5-0-0 with Commissioners Freedman, Harper, Holder, Holman, and Adams voting in favor. 

 

Commissioner Holman asked if he could amend his motion pertaining to the PTH Development Corporation resolution to include the language regarding the sign removal right; Commissioner Freedman seconded.  The motion carried 5-0-0 with Commissioners Holman, Freedman, Holder, Harper, and Adams voting in favor.

 

 

 

 

 

APPOINTMENTS TO THE HOSPITAL AUTHORITY:

 

WHEREAS, the terms of three members of the Henry County Hospital Authority have expired; and

 

WHEREAS, the terms of three other Board Members of the authority will expire on December 3, 2004; and

 

WHEREAS, the local act creating the Henry County Hospital Authority calls for at-large appointments to the board; and

 

WHEREAS, the Henry County Board of Commissioners has unofficially designated Hospital Authority members as representing either geographic districts or serving in at-large capacities; and

 

WHEREAS, the Henry County Board of Commissioners wishes to officially recognize that the appointments are all at-large as called for by law; and

 

WHEREAS, the Henry County Board of Commissioners wishes to fill both the unexpired terms and terms set to expire as to membership on the Hospital Authority;

 

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

 

1.      For the position currently held by Otis Bellamy, the Board of Commissioners hereby nominates the following:

 

a.                   Michael Lyle

b.                  Tom Tingle

c.                   Chris Marsengill     Sam Chafin

 

2.      For the position currently held by Gerald Taylor, the Board of Commissioners

hereby nominates the following:

 

a.                   Gerald Taylor

b.                  Silas Elliott

c.                   Cathy Engeman

 

 

 

 

 

 

3.      For the position currently held by Jeff Mills, the Board of Commissioners hereby

hereby nominates the following:

 

a.                   Jeff Mills

b.                  Diana Hoch

c.                   Ann Thompson

 

4.      For the position currently held by Geraldine Helton, the Board of Commissioners

hereby nominates the following:

 

a.                   Joyce Rodgers

b.                  Ross Cook

c.                   Neal Wilson

 

5.      For the position currently held by Steve Kay, the Board of Commissioners hereby

nominates the following:

 

a.                   Steve Kay

b.                  Susan King

c.                   Thomas McClung

 

6.      For the position currently held by Joseph Blissit, the Board of Commissioners

hereby nominates the following:

 

a.                   Joseph Blissit

b.                  Donna Huffman

c.                   Denese Rodgers

 

Commissioner Harper made the motion to approve the resolution; Commissioner Holman seconded.

 

Commissioner Freedman said he did not know where these names came from for each replacement.  He said traditionally, ethically, honestly, the members of the Board of the Hospital Authority are appointed from each Commission District or by the Commissioner of the District.  He said the attorney prepared a letter for the Board stating the nominees do not have to live in their district.  Commissioner Freedman said he submitted nominees of three (3) people who would be representatives of District II, and other Commissioners gave nominations also.  He said the above list does not resemble what he submitted.  Commissioner Freedman suggested the Board review and not accept this list until the Board goes back to make sure each Commission District and each District Commissioner has his nominations listed for the three (3) vacancies on the Board.  That way there is representation throughout the whole County. 

 

Commissioner Holman said he was provided with material by the County Clerk listing the Henry County Authority Board Members with their termination dates.  He asked to amend the Otis Bellamy position by striking the name, “Chris Marsengill” and substituting, “Sam Chafin,” who resides at 511 Pleasant Grove Road, McDonough, Georgia. 

 

Commissioner Harper amended the motion to include Sam Chafin and striking Chris Marsengill; Commissioner Holman amended his second.  

 

Chairman Maddox said a year or more ago, he asked all the Commissioners for names to be submitted as nominations for the Hospital Board Members.  He said, “at that time we had three (3) people coming off; I sent the letter to the Hospital listing all of the names submitted for those three (3) positions.  The Hospital, apparently, along with you, did not want to accept those names.  They have been sitting there idle, and I believe all of the names listed came from that list.”

 

Commissioner Freedman responded, “that is a good try, Mr. Chairman, but it won’t fly.”

 

Commissioner Harper said he used the list presented before the Board.

 

Commissioner Freedman said the Chairman ranked order on the list, and the Board did not have the opportunity to see it.  “Chairman Maddox, without any authority whatsoever, you took all the names the Commissioners submitted, and you decided what order those would be in.  That was not the order I put them in, and you decided you were going to do that, and the Hospital Authority did not accept that.  You sent the letter on your own and no one had seen it.  So the Hospital Authority came back and said, ‘let’s not have confusion; go back and submit the names that you want.’  So, I gave a list to you and the Attorney of the three (3) that I wanted to be nominated from District II to replace the person leaving as the District II appointee.  All I know is we have a list comprised of names; who put them in these categories?”

 

Commissioner Harper stated, “Commissioner Holman and I have met separately with Members of the Hospital Administration.  The law says, ‘these are at-large appointments.’  I put in the resolution that unofficially by tradition we have designated them from Districts.  That is what we have done.  The law says they are at-large; what the law says is when you have a vacancy, we are to submit three (3) names per vacancy.  The original submission the Chairman sent had six (6) names for one (1) vacancy, four (4) for another and so on.  That is not what the law calls for.  At that time, three (3) of the seven (7) Members of the Board had expired.  Now, as of December 3rd, we are going to have six (6) Members of the Hospital Authority’s positions who have expired, and only one (1) will actually be serving in their term of office.  We need to move on this, and I have been meeting with the Hospital Administration Staff, as has Commissioner Holman.  The Authority has the right to veto all of our nominations; the law gives them the veto power.  They are not going to accept the list initially sent; it was not worded correctly.  They have been interviewing people, and they have taken names off the original list.  They have done their homework on the people listed.  Half of these people are unknown to me, and some of these incumbents have been re-nominated.    The only way to achieve this is to do it as the law says, ‘three names per slot and do it on an at-large basis.’” 

 

 

Commissioner Holder asked if Commissioner Freedman’s three (3) nominees were on the list.  Commissioner Freedman said two (2) of them are listed.  He said #1 in every category has been listed of who the Hospital wants, so why should the Board submit three (3) names?  Commissioner Holder said because it is the law. 

 

Commissioner Adams said this is a bad system when the Board submits someone, and the Hospital says, “no that is not who we want.”   

 

Commissioner Freedman said he submitted the name ‘Emanuel Jones,’ and it is not on the list.  Chairman Maddox said if he was one of the original names submitted, it was placed on the list.  Commissioner Harper said he had no problem with Mr. Jones serving, but he asked if that was ‘dual office holding.’  Mr. Jaugstetter said it may well be. 

 

Commissioner Harper said the Hospital has pre-cleared this list.  Commissioner Adams stated it is not as important to have each District represented as it is on the Water Authority, where water and sewer lines are run.  He said the Hospital is everybody’s; it does not show favoritism.

 

Commissioner Holman said he would like the record to reflect the Board has seen this list in our exhibit for two weeks. 

 

Commissioner Adams ‘called the question;’ Commissioner Holman seconded.  The motion carried 4-0-0 with Commissioners Adams, Holman, Holder, and Harper voting in favor; Commissioner Freedman did not vote. 

 

Chairman Maddox asked for the vote on the Appointments to the Hospital Authority; the motion carried 4-1-0 with Commissioners Harper, Holder, Adams, and Holman voting in favor, and Commissioner Freedman voting against. 

 

 

 

COMMISSIONER(S) COMMENTS:

 

There were no Commissioner(s) Comments.

 

 

 

 

 

 

 

 

 

 

UPCOMING MEETINGS:

 

11/25/04          Thursday                                  Thanksgiving Holiday

 

11/26/04          Friday                                      Thanksgiving Holiday – Observed

 

12/06/04          Monday           9:00 a.m.          Regular Board of Commissioners Meeting

 

12/07/04          Tuesday           9:00 a.m.          Regular Board of Commissioners Meeting

 

12/20/04          Monday           9:00 a.m.          Regular Board of Commissioners Meeting

 

12/21/04          Tuesday           6:30 p.m.          Regular Board of Commissioners Meeting

 

 

 

 

Commissioner Holder moved to adjourn into Executive Session, in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by Patrick Jaugstetter, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Holman seconded.  The motion carried 5-0-0 with Commissioners Holder, Holman, Harper, Adams, and Freedman voting in favor.

 

 

                                                    (An Executive Session was held.)

 

Commissioner Adams made the motion to reconvene into Public Session; Commissioner Harper seconded.  The motion carried 4-0-0 with Commissioners Adams, Harper, Holman, and Holder voting in favor; Chairman Maddox and Commissioner Freedman were absent.

 

Commissioner Harper made the motion to authorize the Chairman to execute the affidavit of Executive Session; Commissioner Adams seconded.  The motion carried 5-0-0 with Chairman Maddox, Commissioners Harper, Adams, Holder, and Holman voting in favor; Commissioner Freedman was absent.

 

Commissioner Adams made the motion to adjourn at 12:17 p.m.; Commissioner Holman seconded.  The motion carried 5-0-0 with Chairman Maddox, Commissioners Holman, Harper, Adams, and Holder voting in favor; Commissioner Freedman was absent.

 

                                                            Leland Maddox, Chairman

 

Peggy L. Malcolm, Deputy County Clerk