COUNTY OF HENRY                        




The Henry County Board of Commissioners held a Called Meeting on Thursday, April 1, 2004 at 1:30 P.M. in the Community Room of the County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted on the bulletin board of the County Administration Building.  The Daily Herald was notified of this meeting.  Representing Henry County 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 Linda Angus, County Manager; Patrick Jaugstetter, County Attorney; Susan B. Craig, County Clerk; Shay Mathis, Deputy County Clerk; Rob Magnaghi, Deputy County Manager and Public Safety Division Director; Mike Bush, Finance Director; Danny Taylor, Economic Development Division Director; Jim Luebbering, Stormwater Manager; and others.


Chairman Maddox called the meeting to order and asked for an Acceptance of the Agenda.  Commissioner Holman made a motion to accept the Agenda with the following amendments.  “On our bench, we have a resolution for a reappointment to the Henry County Election Board.  I propose we mark that as Item #III-A, and Item #III-B should be marked as Request Approval of an Amendment to the Local Code Enforcement Board Ordinance.  Also to amend the Agenda Item #VI, Executive Session, to include both Real Estate and Personnel Matters.”  Commissioner Harper seconded; the motion carried 4-0-0 with Commissioners Harper, Holman, Adams, and Holder voting in favor; Commissioner Freedman was not present.


Resolution for Reappointment to the Henry County Election Board:


WHEREAS, Ms. Ruby Carruth, a Henry County resident, has served on the Henry County Election Board;


WHEREAS, Ms. Carruth has faithfully served on this Board and her term expires on April 1, 2004; and


WHEREAS, the Henry County Board of Commissioners desires to reappoint Ms. Carruth to the Election Board, which term is effective immediately and will expire March 31, 2008;


NOW, THEREFORE, BE IT RESOLVED, The Henry County Board of Commissioners reappoints Ms. Ruby Carruth to the Election Board to an additional four-year term.


This 1st day of April, 2004.


Commissioner Holman made a motion to approve the resolution; Commissioner Adams seconded; the motion carried 4-0-0 with Commissioners Harper, Holman, Adams, and Holder voting in favor; Commissioner Freedman was not present.


Chairman Maddox said the next item on the Agenda is “Request Approval of an Amendment to the Local Code Enforcement Board Ordinance,” but since the County Attorney, Patrick Jaugstetter, is not present and is in Court, he recommended addressing this issue at the end of the meeting.




Ms. Angus, County Manager, said, “what you have before you is a resolution to provide for the issuance and delivery of $25,000,000 aggregate principal amount of Henry County’s General Obligation Bonds Series 2004.  This is for the SPLOST issuance for which the election was held on November 5, 2002.  You also have before you the Preliminary Official Statement.”


Commissioner Adams asked if she had read through this, and was she o.k. with it.


Ms. Angus replied, “the Finance Director, Mike Bush, the County Attorney, Patrick Jaugstetter, and I have been very involved in the forming and pricing of this issue and all of the paperwork passed back and forth to accomplish this.  It is a good document, and we are ready to go.”


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


Chairman Maddox addressed the audience and stated, “this is only for the capital projects coming from SPLOST that was passed.”


Ms. Angus said the effective interest rate is 1.912%. 


(Commissioner Freedman entered the Committee Meeting.)


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


(Commissioner Harper departed meeting after the vote.)




Mr. Danny Taylor, Economic Development Division Director, came to the podium to speak.  “In 2002 the Board began discussing Stormwater, and you made a decision recently and we followed through on that decision by hiring Mr. Jim Luebbering as our Stormwater Manager.  Since he has been hired, we have been looking at the program and looking at setting some goals.  Looking at an opportunity to get our first billing out in September, 2004, we need to speed up some of the tasks between now and the first of August so we can get the Tax Commissioner some of the information he needs to put on the tax billing.  We have a proposal from Arcadis to help us accomplish this, so when the tax bills come out in September, what we would be looking at is a stream of income beginning then of $1 to $2 million.  We thought it would be prudent to look at going ahead and tap into that stream of income and accelerate these activities now so that will be available to us.”


Chairman Maddox read the resolution as follows:


A Resolution of the Henry County Board of Commissioners Authorizing Execution of an Agreement with Arcadis G&M, Inc.


WHEREAS, Henry County presently has a need for professional services for a stormwater utility implementation project on behalf of Henry County; and


WHEREAS, Arcadis G&M, Inc. has prepared a Professional Services Agreement in which it agrees to provide said professional services under the terms and conditions set forth in said Professional Services Agreement; and


WHEREAS, upon review of the Professional Services Agreement, it has been determined that it is in the best interest of the citizens of Henry County to proceed with execution of said Professional Services Agreement;


NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, that execution of the Professional Services Agreement with Arcadis G&M, Inc., a copy of which is hereto attached marked Exhibit “A,” is hereby approved and authorized.


Commissioner Freedman said he did not believe any of the Commissioners had read this.


Commissioner Adams said he would make a motion to approve the resolution for discussion; Commissioner Holder seconded for discussion.


Commissioner Adams asked, “is this the whole ‘ball of wax;’ are they going to do the whole thing?”


Mr. Taylor said, “they are going to finish out the portion we needed done so we can get the fees on the tax bills for September to collect money for the utility.  If we do not get certain things done, then we will forego that stream of income that will only be available to us in September.  There will be some things we would have to do after that, but I thought we should try to get the money in as soon as we could and this would be a way to do that.”


Commissioner Adams asked, “Why Arcadis?  Did you bid it out?”


Ms. Angus said this might be something we need to talk about in Executive Session.  “Arcadis has got a lot of the base information from the study they undertook on behalf of the County and the Water & Sewerage Authority.  For some other group to come in and document their work and verify it, they could not just use it.  It would not make sense for us on the timetable we are on, and trying to press setting up the utility and completing the NOI.  This is the fastest, the most prudent, and the most cost effective approach.  I feel the Board is always interested in looking at professional services from a variety of vendors, and the Board likes to be involved in the selection.  When the utility is set up, then Arcadis (and anyone else who is interested) will have an opportunity with us to move forward, but that will be the point this particular relationship or contract ends.”


Commissioner Holder said, “it makes perfect sense to use Arcadis because the County and the Water Authority have spent significant funds in developing the program to the level it is today.  They have been making presentations to us for the last two (2) years on behalf of a joint effort between the Board of Commissioners and the Water Authority.  One thing that bothers me about this approach, we are out to collect the money, but yet we have no staff except for Jim Luebbering at the present time.  We are going to collect the funds and fund the program with nobody to implement the program.  That bothers me and it will the taxpayers too, when they begin seeing this on their bill in September.  What are we going to say when they call us and say ‘what are you doing in stormwater management?’  And then we say, ‘we are going to have one, but we don’t.’  Then they will say we are collecting it in their taxes and what are we doing with it.”


Ms. Angus said, “that will not be the case.  We have two (2) people coming on line to help us establish the utility.  We are in discussions presently on how the development inspection staff is going to be.  We are going to use current staff and additional staff, and we are in discussions on how to manage and what departments to interface with them.”


Commissioner Holder stated, “when you talk about development inspectors and sharing duties with some of them, how are you going to separate the cost?”


Ms. Angus answered, “we know that is an approach we can take from an accounting spectrum, and we are doing it now in a lot of areas.  We currently have a cost allocation plan in place, and this is the first time ever the County has had one.”


Commissioner Holder said, “again, I hope we can convince the people of that.”


Commissioner Freedman said, “too many times we walk up here and the things are here, and we are asked to vote on them and have not read over them.  I refuse to vote on anything I have not had a chance to look over.  I have had less than one minute to thumb through this; I see the cost is about $200,000.  I do not know what that is for.  I do not know how that is going to be broken down to the taxpayers; I have not had time to digest this.  I don’t know if there is a rush for this, or if we can wait until our meeting on Monday or Tuesday (April 5th and 6th).  We should ask some logical questions.  Arcadis has an outstanding reputation and if I went by that alone, I would vote on it.  But I have got to study the issue.”


Ms. Angus replied, “if you recall, the Board agreed to establish a loan from the General Fund to the Stormwater Management fund not to exceed $1 million over a period of a year.  We knew we would had to have seed money and it would ultimately come from the fees to set up the Authority and their ability to begin to collect and do work.  That is where the money is coming from; we have in no way come close to meeting the $1 million loan made from the General Fund and Stormwater.”


Mr. Danny Taylor said, “if the Board wants some time to read this, I did not mean to rush you.  I did mean to react as quickly as possible, and if you would like to put it off until Monday or Tuesday (April 5th or 6th), that would be fine.”


Commissioner Holder asked, “you had indicated we would be looking at about $2 million in income.  What type of assessment do you have on each property owner or how did you arrive at the revenue generated?”


Mr. Taylor answered, “in the Tax Assessors’ files we have information that gives us the dimensions of the buildings; our initial approach was to try and determine that from aerial photographs.  But by looking at our internal resources, we discovered we really have some information already here that we can make better use of.   So that really moves us further ahead than expected, and it gives us a better data base to work from.”


Commissioner Holder asked, “what do you project the average property owner will pay?”


Mr. Taylor answered, “I think it is about $40 to $50 a year.   We would average over a number of households rather than trying to tie a specific fee to each individual property, and then later on we may go back and make adjustments for that.  We are starting with an average except for the commercial properties that we would look at individually because there is a greater degree of variance.  Also it would be more cost effective to do an annual billing (which is coming up in September) based on the fee level rather than a monthly billing.”


Commissioner Freedman asked if there was a different formula for a business.


Mr. Taylor replied, “it is based on the amount of impervious surface they would have.”


Mr. Anwer Ahmed, representing Arcadis, said the actual formulas for calculating the rates would be determined as a first step in the implementation of the stormwater utility.  He said there will be much more detailed studies done to actually establish the rates for residential, commercial and industrial properties.  Mr. Ahmed said the results of the study would be brought before the Board for discussion before the rate study is adopted.   “We look at if it is equitable and flexible so that it can withstand changes in the land uses and land development activities over time.  For residential, typically we look at various categories of residential land use in the County, and there is a single tier where all residential parcels are lumped into one category, or they are divided into different tiers.  Whether there are 2 or 3 tiers depends on the size of the residential lot or the type of residential development.  We select median values for each of those categories, so you do not have exact impervious calculations for each residential land use.”


Commissioner Holman said, “my belief is Arcadis is certainly a qualified and respected company, and I have no problems with the company.  But I would like to know what this $2 million is going to provide to the citizens of Henry County.”


Mr. Ahmed said, “the Notice of Intent the County submitted to EPD last year has various activities ranging from additional erosion sediment control inspections, inventory of the County’s stormwater infrastructure maintenance, to name a few out of the thirty activities listed in the 5-year permit that are broken down by year.   The cost associated with those activities was in the range of the $1 to $2 million.”


Mr. Jim Luebbering, Stormwater Manager, stated, “Henry County has 35 Best Management Practices we have obligated ourselves to through the EPD.  They run the whole gambit from putting on educational programs with Boy Scouts and Girl Scouts and going out in the field and putting on demonstrations.  We also have obligations to train the development community; training them on the Georgia Stormwater Management Manual, if that is adopted by the Board.  All of the costs associated with those 35 BMPs have been spelled out by Arcadis.  Those 35 Best Management Practices are going to be very costly practices for us to uphold, and we have committed to that to the EPD.  In addition, at some point we are going to have to make that decision about maintaining of the basins and maintaining of all stormwater infrastructure.  Even the best stormwater infrastructure pipes and culverts that are put in at some point will have to be replaced.  If we have a stormwater utility, we can charge the users for that and maintain our system.  Now developers will put the infrastructure in, but they obviously have no obligation to keep it up, and eventually the storm pipes and culverts will have to be replaced.”


 “This is a rural community but it is safe to say we have 1,000 or so miles of storm pipe in the County and once it is developed, it is going to be more like one of those descriptions of sidewalks going from coast to coast.  Eventually, we will have thousands of miles of interconnected storm pipe and all of that has to be inspected and maintained.  It will be up to the Board as to how deep do we want to get involved in this; certain counties will say ‘we are going to maintain all of this infrastructure and we will purchase the heavy equipment and operators and we will take on that responsibility.’   Other counties say ‘leave it with the developers to actually initiate like a homeowners association,’ but even if there is a homeowners association, the County still has to be involved with regulating the development community and making sure these things happen.  Some day when there are stormwater facilities all over the County, they will need to be maintained and that decision will probably be left with you as far as who is going to maintain it.”


Commissioner Freedman said, “it is not just new construction; you’ve got to go in and survey every stream, pond, and dirt road.  Theoretically, isn’t that what the mandate is?” 


Mr. Luebbering answered, “yes.”


Commissioner Holman stated, “I have a puzzle here and I heard the words, ‘review plans.’  I thought the County already did that.  I want to know what one year’s worth of Best Management Practice……I want to know how many of those are now, and I want to know the cost.”


Mr. Luebbering said, “actually that is something put together by Arcadis; they did break it down by BMP, not only for unincorporated Henry County, but what other cities and their cost might be.”


Commissioner Holman stated, “earlier Mr. Taylor stated the average cost for residential homeowners would be approximately $50.  What is the average commercial fee?”


Mr. Ahmed answered, “something in the order of about ten times the cost per acre of residential.  If a residential lot was 1/3 of an acre range, the commercial one-acre was about $30.  These are numbers based on very preliminary estimates and a lot of assumptions were made, so that will change.  In a couple of months we will be able to get you a better estimate of what the actual fees would be.”


Chairman Maddox asked, “before you do the billing in September, will most of these questions they have asked be answered?”


Mr. Taylor said, “yes sir.”


Commissioner Freedman asked, “is part of your contract to offer public information on this or be publicized so the citizens do not suddenly start seeing their tax bills go up……a vast public awareness program, townhall meetings, things in the paper as part of your contract, ads (like we did with the SPLOST), because if we do not, then we are creating a burden; we have got to make sure the people know why they are being assessed something.”


Mr. Ahmed answered, “yes, that was discussed in length with the staff and is certainly the most important thing that has to be done.   In the scope of work, we have a 3-step process to do that:  1) a public information campaign; we would assist in writing articles for the paper and in getting the materials out to the public through various means.   2) a Stakeholders Advisory Committee that would participate in the various segments of the citizens of Henry County who would participate in the rate-making and utility development process.  3) To meet personally with a smaller group of ratepayers who would be most affected by this; the ones who would be paying the largest amount of fees.  Public meetings would be held also to address the public’s issues and concerns and to answer their questions.”


Commissioner Freedman urged Mr. Ahmed to do some early coordination with the Chamber of Commerce and Quality Growth Council. 


Commissioner Holder said, “the $2 million is for the first year.  It is really on a progressive scale because at some point in time, the amount Stormwater will cost will end up being $3, $4, or $5 million a year.


Mr. Ahmed said, “in one year it did peak out about $3 million, but the average cost on a 5-year basis is $2 million.   We do have a breakdown on those numbers, if the Board would like a copy.”


Commissioner Holder said, “when the Stormwater Management started, the Water Authority paid a significant amount to Arcadis to begin with, and then the County did too.  If we are going to recapture our portion that we have put into it, why can’t the Water Authority recapture theirs?”


Ms. Angus replied, “that is probably a fair approach, but there would also be a couple of other things. 1) The work that was done, the Water Authority has to have completed also for their water service delivery and their reservoirs, etc.   2) The Water and Sewerage Authority gets two mills of property tax already, and if we have to recapture that fee for them, we are going to have to charge property owners again to give money back to them.  It is really a philosophical issue.”


Commissioner Holder said he did not think the amount of that fund balance enters into this equation at all, and said he did not think it should. 


Chairman Maddox said, “I know in the last sixty (60) days I got a letter from the Water Authority, and they had to have some of the information they were getting in order to get their approval for the new reservoir.  Now their portion of the money, they should have to pay for part of that information as well as we are.”

Commissioner Holder said, “I am not arguing about that; I am talking about Stormwater Management only.  I am going to stress again how inner-related and intertwined that the Water Authority permits, their whole operation, is to Stormwater Management, and that is why I have said and will continue to say the Water Authority needs to administer Stormwater Management.”


Commissioner Freedman said he totally agreed with Commissioner Holder.


Commissioner Adams restated the motion was to approve this resolution.  The motion failed 0-4-0 with Commissioners Adams, Holder, Holman and Freedman voting against; Commissioner Harper was not present.


Commissioner Adams made a motion to reintroduce this item Monday morning (April 5th); Commissioner Freedman seconded.   The motion carried 4-0-1 with Chairman Maddox, Commissioners Freedman, Adams and Holder voting in favor and Commissioner Holman abstaining.  Commissioner Harper was not present. 


Request Approval of an Amendment to the Local Code Enforcement Board Ordinance.


Patrick Jaugstetter, County Attorney, said he revised this Ordinance per Chairman Maddox’s request.  “If you look at Section 3-2-59, page 3, there has been a change to the method of appointing members to this Board.  What this amended ordinance says is each of the Commissioners or the Board appoints five (5) members, we alter their terms, and each Commissioner nominates one (1) or more persons to a pool of candidates.  You can pick ten (10) people and you can say ‘I want to nominate all of these people to a pool.’ Between me and the County Manager, we review the people you propose to put into the pool; you determine if they meet the qualifications set out in here, and then we will provide you with a list of those deemed qualified and from there, the Board appoints the actual members.  It is done like that because we have changed the qualifications of the Board Members that are in Section 3-2-60 which is at the bottom of page 3 and carries over to page 4.  We added a provision that says, ‘no fewer than two (2) individuals appointed to the Board shall be attorneys licensed to practice law in the State of Georgia.’  The idea being this Board acts as a judge and jury.  The hope is having some attorneys on the Board will help keep the Board acting in a more judicial capacity rather than a political capacity.  The fear of some of the Board Members and some of the members of the public is this Board could become too politically motivated or politically controlled.”


“We also specify in Section 3-2-61 the per diem amount set at $200.00 per day, and the rest of it remains as it was originally set with one other exception which is some time limits.   Page 7-II states, ‘this Ordinance shall take effect April 1, 2004’ (today), but the Board does not go into operation today; the pool should be selected no later than May 31, 2004.  The County Manager and I will provide our report no later than June 15, 2004 as to the pool, and the Board would appoint the Code Enforcement Board between June 15th and June 30th.  That Board of Code Enforcement will begin hearing cases during the month of August, 2004.”

Ms. Angus said the County Attorney will have the month of July to train the Board so they can put together their procedures and policies and be ready to go in August.


Chairman Maddox asked, “do you have in here the qualifications the appointees need to have?”


Mr. Jaugstetter replied, “yes, if you look on the bottom of page 3 (Section 3-2-60), we tracked exactly what the State requirements were, training, education, experience and expertise, related to one or more of the County Codes such as property management, engineering and construction.  Then we add to that, two (2) attorneys.  We were trying to put people who are familiar with the types of cases this Board would hear.  This Board would hear the environmental, drainage issues, and silt control issues; but it will not hear the loitering cases, dogs running loose, and disorderly conduct cases.  It will truly hear technical cases.”


Commissioner Freedman stated, “it sounds like the Chairman has taken unilateral action here to direct this be changed, when we already voted on how this was going to be done.  The Board voted; you already had a mission and that was for each Commissioner to appoint somebody to it.  Now, by what authority has this suddenly changed?”


Mr. Jaugstetter replied, “it does not change until the Board votes on it.”


Commissioner Freedman said, “to change it without it coming to the Board astounds me, because we have already voted on it.  I do not see how the Chairman can come in here and say, ‘change the whole rule.’  I cannot figure that out.   Secondly, is that an illegal requirement to have two (2) attorneys on a Board of five (5)?”


Mr. Jaugstetter answered, “no, it is not.”


Commissioner Freedman said, “that is not a ‘Citizen Board;’ that is an ‘Attorney Board,’ and I have a problem with that.  This Board is supposed to be comprised of citizens in the community who meet some of these requirements such as expertise, judgment and good character.”


Commissioner Adams said, “it would not be a majority.”


Commissioner Freedman said, “I have a problem with two (2) attorneys on a Board; we have the County Attorney there representing the County; that is part of the composition.  Also, I have a question, Mr. Jaugstetter, referencing Section 3-2-60 where it says, ‘training, education, experience or expertise relevant to one or more of the County Codes.’  Are we saying if a guy has not been an expert in another county, that he is not qualified in our County?”


Mr. Jaugstetter replied, “absolutely not.  You just have to have experience relating to the County Code and under the jurisdiction which are listed up above; they do not have to have specific experience as do Henry County’s Stormwater Runoff Ordinance.  They need to have experience related to the subject of that.”


Commissioner Freedman said, “I can accept that; but that is not the way it is worded.”


Mr. Jaugstetter said, “we can change that.”


Commissioner Freedman referenced Section 3-2-61 and directed the question to the County Manager.  “$200.00 a day.  Is that what we pay other Board Members?”


Ms. Angus said, “it is on the high end, but the Water and Sewerage Authority Board makes in that range.  The Chairman of that Board makes more than that; assuming there is only two (2) meetings a month.  Some of our Boards receive nothing; some receive a token.”


Commissioner Holder stated, “if you check legislation on the Water Authority, their legislation states they can receive 30% of the Commissioners’ pay and they have opted and elected not to do that.  Their pay is based on exactly what you said; but they can draw 30% of the Commissioners’ pay.   Since we are in the budget cycle, we should review all these Boards and have more parity among the Boards than we do currently.”


Commissioner Adams made a motion to adopt this Ordinance; the motion failed with no second.


Commissioner Freedman made a counter motion to approve the initial policy in that each District Commissioner appoints somebody to that Board.  We should strike the requirement for two (2) attorneys, although that can be an appointee, and that we review the $200.00 a day for further consideration.  The motion failed with no second.


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 4-0-0 with Commissioners Holder, Holman, Adams and Freedman voting in favor; Commissioner Harper was absent.


Commissioner Freedman asked Chairman Maddox if the Board was planning to discuss the packet on SPLOST Management.  “What I am talking about is the Executive Summary and all the duties.”


Chairman Maddox said, “the only thing I have on this Board is the SPLOST bonds which are the capital projects we just approved.  I do not have anything other than that on the Agenda.”


Mr. Jaugstetter stated, “you approved authorizing SPLOST to do their own purchasing; you did not necessarily approve that contract.”


Commissioner Freedman said, “that is exactly right.  It came up previously and Ms. Angus passed it out and it was said at the next meeting we would go over all the details.  I do not have a problem with postponing it to another meeting.”


Commissioner Holman said, “so moved, Mr. Chairman, we will put that on Monday’s (April 5th) meeting.”


Chairman Maddox said we need that on that Agenda.


Commissioner Freedman asked, “are we amending Monday’s Agenda right now?”


Commissioner Holman answered, “so we can put that issue on there.”


Commissioner Freedman said, “I would like to also amend Monday’s Agenda for impact fees, collecting on the CO rather than the building permit.”


Commissioner Holder said, “if you want to be technical about it, you are going to have to do that after we come out of Executive Session.”


(An Executive Session was held.)


            Commissioner Holman made a motion to reconvene into public session; Commissioner Harper seconded; and the motion passed by a vote of 4-0, with Commissioners Maddox, Freedman, Holman and Harper in favor.  Commissioners Adams and Holder were not present during this vote.


            Commissioner Freedman made a motion to amend Monday’s agenda by adding “Impact Fee Collection Issue;” Commissioner Holman seconded.  Commissioner Harper asked what issue Commissioner Freedman is adding to the agenda in regard to impact fees.  Commissioner Freedman replied “where the impact fee is collected at the time the building permit is issued rather than when the CO is issued.”  Commissioner Harper said he “thought we passed a resolution that we would not add any more Code changes prior. . .”  Commissioner Holman stated that has already gone through the Planning & Zoning Board at their last meeting.  Commissioner Freedman stated he wants the Board of Commissioners to vote on this issue.  Commissioner Freedman’s motion passed by a vote of 4-2, with Commissioners Freedman, Holder, Adams and Holman in favor; and Commissioners Maddox and Harper opposed.


            Commissioner Holman made a motion to authorize the Chairman to sign the affidavit pertaining to executive session; Commissioner Harper seconded; and the motion passed with Commissioners Freedman, Holder, Holman, Harper and Adams in favor.


            Commissioner Holman made a motion to adjourn (3:45 p.m.); Commissioner Freedman seconded; and the motion passed by a vote of 5-0, with Commissioners Freedman, Holder, Harper, Holman and Adams in favor.


Leland Maddox, Chairman


Peggy L. Malcolm, Deputy County Clerk