Board of Commissioners - Regular Meeting

Oh, yeah. Corey's going to call in. Have we got Corey?

He is on the line.

All right. Awesome. In that case, apologies for the delay. We had a long work session and it took us a little longer to get back. But we're all here. And with that, and we appreciate you being here, I will call to order this presentation. regular meeting of the Cherokee County Board of Commissioners for September 1st, 2026. Normally I do this in a slightly different order, but I have neglected the invocation. We have a fire chaplain with us. Yes, we do. Mike Smith is with us. So would you rise with Chaplain Smith for the invocation and then remain standing for the pledge?

Father, we thank you for the privilege of prayer. We thank you for the power of prayer. And we know the power of prayer changes things. We ask your forgiveness for the times that we've fallen short. I'm glad you know that we've really messed up a lot of times and we've fallen into sin. But we ask your forgiveness and ask that you give us more opportunities to serve you to replace us. Father, I pray for the officials of Cherokee County. I pray, Father, you give them wisdom. You tell us to pray for all the ones in authority in your glory, and that is what we do. So we pray that you give them wisdom. If we need wisdom, you can always go to what James says. In the book of the Bible, it says, if any man likes wisdom, let him ask God that he would give it to him. So, Father, we ask that you would give us all wisdom in everything that is said and done, that I can be in accordance with your will and the wise decisions we've been made. Father, I pray not only for our own county, but also for our nation. I pray for our president and vice president, that you would be with them, that you would give them protection, that you would give them wisdom. I pray for the Supreme Court to give them wisdom to make the right decisions based on what your voice says as they interpret the law. I pray for governors of states, mayors of cities. I pray for managers of counties that you would give them wisdom. I pray for our military, that you would take them, keep them out of harm's way for me and second them to their families, to deal with their families while they're away. And what I want you to do is to protect us and to protect them. They were the firefighters. I pray that you will, in every call, to give them the strength and the stamina and the courage and the wisdom to make the right decisions as they study lives and protect property. Father, I pray for those who have lost loved ones in the problem, the catastrophic tragedy that has happened over there. And I understand why things like that happen, but we trust you, Father. And, you know, you can make even good kind of out of bad situations. Father, we have one of our own captive line with us. Mary is over there. She's uncounted for. I pray to God that you put your hand on her. She might be found safe. May the rest of you continue as they go. May we stand with you in strength for the bloods that we have out in the Grand Canyon. Those that have lost their loved ones, those that are injured, be with them. And, Father, I just pray that you listen to me tonight. I pray, God, that every time you go to a person, you will help us to always put you first in everything that you do. Tell us when you do that, that you listen to the Father. So we ask all this in the precious name of Jesus Christ, your Son, and our Savior. Amen.

Amen. Thank you, Chaplain. Now would you join me in honoring our nation and our flag. I pledge allegiance to the flag of the United States of America.

Justice for all. Thank you.

Please be seated. Before we move further, let me recognize that we have a special guest. Representative Jordan Ridley is with us tonight. Others I haven't had a chance to meet. I might miss somebody else I meant to introduce. But thank you, Representative Ridley, for being with us tonight. First order of business would be to ratify closure of executive session with nothing specifically coming from that meeting for action here tonight. Is there a motion to that effect?

Motion to close executive session.

Motion by Commissioner Cagle to close executive session. Is there a second?

Second.

Second by Commissioner Weatherby. Any discussion? All in favor, please say aye.

Aye.

Any opposed? Motion carries unanimously, and we are back officially in open session. I should mention, should have already done so, that we have participating with us by phone, as is allowed, up to a certain number of times per year. We have Commissioner Ragsdale on the phone, and we're glad to have you there. So we don't have any questions. written amendments to the agenda at this point, but Commissioner Cahill did just mention it.

Mr. Chairman, I'd like to make a motion that we amend the agenda to add a renaming to, I guess, general business?

We've put it under commission business.

Oh, I'm sorry, commission business. My apologies.

So item 6.2, renaming. Yeah, let's call it that. All right. So we have a motion to amend the agenda to add item 6.2 under commission business to discuss a renaming matter. That's a motion to amend the agenda coming from Commissioner Cagle. Is there a second?

Second.

Second by Commissioner Weatherby. Any discussion? All in favor of the motion to amend the agenda, please say aye. Aye. Any opposed, nay. The motion carries unanimously, and the agenda is hereby amended. We do have a proclamation this evening, and this is coming out of an initiative that Commissioner Cagle started, which is to recognize veterans who have been wounded in their service or even killed in service to our country. We normally ask them to come and be part, them or their family, to come and be part of a pledge to the flag. This veteran's family was not able to be with us tonight, so we're just going to present this proclamation, and I will just read that in the record if you're interested. agreeable to that. We're honoring in this case Lieutenant Tyler James Feehan. Whereas First Lieutenant Tyler James Feehan served with honor and distinction as a dedicated member of the U.S. Army for seven years, exemplifying the highest standards of public service, integrity, and commitment to the safety and well-being of our nation. And whereas First Lieutenant Feehan was assigned to 2nd Battalion, 55th Air Defense Artillery Regiment, 32nd Army Air and Missile Defense Command, Fort Bragg, North Carolina. And whereas First Lieutenant Finn made the ultimate sacrifice for his country on July 18, 2026, losing his life during an enemy attack at the Muwafak. I can't pronounce this. You'll have to tell me. Muwafak. Muwafak. Salty Air Base in Jordan. Sorry about that.

You better not do that.

Whereas, First Lieutenant Finn lived life to the fullest and made the most of his 25 years, accomplishing remarkable things, embracing life fully, and touching the lives of countless people through his leadership, service, and genuine care for others. And whereas, First Lieutenant Finn's legacy is one of duty, honor, courage, and service to our nation, and his passing leaves an irreplaceable void in the hearts of his family, friends, fellow soldiers, and all who knew and loved him. And whereas, First Lieutenant Fien was posthumously promoted to the rank of captain and awarded the Bronze Star Medal, the Purple Heart, and the Combat Action Badge in recognition of his service, sacrifice, and courage. And whereas, First Lieutenant Fien was posthumously awarded the Master of Business Administration degree from Southern Utah University. And whereas, it is fitting and proper to recognize and remember the life and contributions of First Lieutenant Tyler Fien, who gave his life in service to others and embodied the true spirit of a hero. Now, therefore, be it resolved that I, Harry Johnston, on behalf of the Cherokee County Board of Commissioners, do hereby proclaim today, September 1st, 2026, as a day of honor and tribute to First Lieutenant Tyler Feehan in Cherokee County. Now, therefore, be it further resolved that Cherokee County proudly remembers Captain Tyler Feehan and extends its sincerest condolences to his family, friends, colleagues, and all those whose lives he touched. Let's just remember another valiant member of our military who gave his life for us. Thank you for that, Lieutenant Fionn. So that brings us to... Announcements. We have a couple of announcements that are printed in your agenda here. One is the upcoming Cherokee County Fair. The American Legion Post 45 will be hosting their 99th annual Cherokee County Fair from September 24th through October 4th, 2026. September 24th through October 4th at 120 McClure Street in Canton. If you know where that is, it's right on the fairgrounds behind the American Legion Hall. Also, we have our annual Patriot Day ceremony coming up. Our public safety team is hosting the annual Patriot Day celebration that will be held Friday, September 11, 2026 at 8.30 in the Public Safety Memorial at Canton Rotary Park in downtown Canton. That's right beside the historic courthouse building. The public is invited to this Rain or Shine event. The keynote speaker this year is Battalion Chief Matt Rick. Any other announcements? All right. That brings us to commission business. First item is to clarify the terms of the audit committee. We've set up a new audit committee, the brainchild of our new CFO, Lonnie Dinkins. It consists of five people, and we've named those five people. And we understand that in the ordinance that we passed to create the committee called for one-year terms and two-year terms for the citizen members. And we've appointed two members, but it also called for staggered terms. And it also didn't say when the term would begin in the year and when it would end the next year. So as clarification, County Clerk has proposed this, that we would set the citizen member terms, two citizen members on this committee, we'd set their terms to run September 1st, that's today, through August 31st of next year, and run annually from September 1st to August 31st. and that we would stagger the two-year terms in this way. The first one that we appointed was Mark Fernandez, and we would make his initial term two years. The second citizen we appointed, Lewis Klein, would initially be appointed to one-year term. That would stagger those two terms. They can be renewed, by the way. Then the elected officials' terms would run with the calendar year. That would mean that the second commissioner, the chair, is always designated to be on this committee and one other commissioner. And that one other commissioner's term would run from January 1 to December 31 of the year. And finally, One other county elected official is also designated. We've appointed Todd Hayes to serve in that role, and that would run with the calendar year. So that, in my clumsy way, is a motion, I guess. If it's clear enough and if somebody understands it well enough to second that motion, I'd appreciate it. Second. I have a second. So the motion by the chair, second by Commissioner Carter. Any questions or comments about that? So it means... Lewis Klein will serve one year starting today. Mark Fernandez will serve two years starting today. Todd Hayes, our solicitor who is also on this committee, will serve one year that will end December 31 of this year, but is subject to being renewed. The second member of this board that we've informally agreed will rotate with the vice chairmanship, and it's currently Commissioner Cagle, will serve now through the end of the year. That position then would presumably rotate to another commissioner. So that's where we stand. Any comments about that? All right, we have a motion and a second. All in favor of that clarification of the terms of the members of the audit committee, please say aye. Aye. Any opposed, nay. The motion carries unanimously, and that clarification is hereby enacted. So that brings us to the amended item that we've added, 6.2, under Commissioner Cagle's request, a renaming.

So Mr. Chairman, I make a motion that the Cherokee County Aquatic Center be renamed to the Harry Johnson Aquatic Center in recognition of Chairman Johnson, his 22 years of dedicated service to the Cherokee County Board of Commissioners, and his longstanding commitment to the citizens of Cherokee County. Is there a second?

I'm flabbergasted by that. Do we have a motion? Second. Motion and a second. Now I know why you didn't tell me what this was about. Surprise. I'm very surprised. Have you worked this out with parks? Yes, we have. All right. So you're not forcing this on them? I don't think so. Dave, you're good. I think so. Well, I'm deeply honored by this idea. I know that I did have something to do with getting us to that aquatic center. My son was a high school swimmer, and they had no place much to swim in Cherokee County. So I did push hard that that would be included in the initial expansion of our park system through the parks bond. All right, so we have a motion and a second. Almost speechless, which never happens.

Any other comments? Just that it's overdue. You've got more time on the board than literally all the rest of us put together. So I think it was time. Well, thank you for thinking of that.

I think it's an appropriate honor, considering the number of years you served the county faithfully.

Thank you. All right. Before I start crying, I guess I better just call the question. Did you have something to say? Nope. Okay. So all in favor of the motion to rename the Aquatic Center after me, Harry Johnston, please say aye. Aye. Any opposed? The motion carries unanimously, and the Aquatic Center will be designated as the Harry Johnston. Thank you very much. Wow.

Wow.

I thought I was going to get through all my service and never have anything named for me, but you've taken care of it.

Or if it was, it was going to be something like the dumpster out back.

All right. So that brings us to approval of minutes. Item 7 on our agenda, we've had the opportunity to see the minutes from our October 18th meetings. Those include the work session, executive session, and regular meeting for that date. Any corrections or a motion on that set of minutes?

Motion to approve the minutes for August 18th.

Motion by Commissioner Carter to approve the minutes for 18th. And second by Commissioner Cagle. Any discussion? All in favor of that motion, please say aye. Aye. Any opposed, nay. The motion carries unanimously, and the minutes from August 18th are approved. We don't have any public hearings this evening. We do have public comment, and we have a few people signed up to speak in public comment. Let me find that list. Here we go. I got to ask about the first one. Really, the only thing we can't have speaking on in public comment is a currently pending zoning case. Because the Georgia Zoning Procedures Act requires that any public input to this board must be done in a structured manner that gives equal time to both sides and has to be advertised in advance. So I can't, it's case number 260808. Really, you intend to speak later this evening, I bet. Mr. Peter Smith, I think. Yes. Yes, you can speak later. You probably need to sign up again for that. It'll be on a different sheet. No.

No public hearing on that.

Oh, we've already had that. Okay, okay. So we just, unfortunately, I'm sorry, we legally can't have more public input on that one. So I'll move on to the second person who signed up, Roy Taylor.

Good evening. I'm Roy Taylor, and I live in downtown Canton. I'm here to talk about the process to create the data center ordinance. But before I do that, I want to... congratulate all of the commissioners in honoring Harry Johnson with this renaming. I think that's great. OK, on to business. You all know how important data centers are to the general public and how you can't get through a news cycle at all multiple times a day hearing one more thing and one more thing about the issues that are relevant to data centers getting moved into communities. I am here to request that the commissioners direct the planning and zoning or whichever agencies within departments that are part of that ordinance creation to hold public hearings in the beginning and during And not what seems to happen sometimes, which is the creation of an ordinance or something and then looking for some input at the end when it's really already taken care of. I think it's important. I think the citizens of Cherokee County have shown that they are concerned and that that would be an appropriate thing to do. So that is what I'm here today is to make that request of you.

Thank you. Thank you, Mr. Taylor. It could be a year-long process to do this, so we should have time to do that, and that's a very good suggestion. Next one signed up to speak is Thomas Weaver.

Good evening, Mr. Chairman, members of the Commission. In approbation of your rules of procedure, my name is Thomas Weaver. I reside at 131 Old Marietta here in Cherokee County. And the comments I'm going to place this evening reflect only upon myself and no other person, organization, entity, nonprofit, or announced candidate for office. Thank you, Mr. Chairman, for recognizing me to speak. Commissioners. I'm not here to look down at anyone through my nose. I know that I, too, have made many mistakes throughout life's journey, as was alluded to by the chaplain in prayer when he asked that the good Lord grant us all wisdom when we go to speak. Least we should fall short again. Cherokee County recently saw the arrest of the third, perhaps fourth sworn deputy now. for the abuse of the ALPR database. Again, I'm not looking down at someone from some lofty ivory tower. I've made many mistakes in life. I'm just asking that the Cherokee County Board of Commissioners really get very serious in those conversations with leadership here internally and also reaching out to some elected officials who represent all of us to do what you need to do and to take the steps that are necessary to keep this from continuing to happen. I've shared my concerns about databases. I'm going to keep bringing it up. I think that they're a phenomenal tool. I recognize that the Sheriff's Office was quick to release subsequent news press releases where they were able to use that database to apprehend a suspect on a different case. And I think that The notion that they turn around and release that as quickly as they did was to lend credence to the good that comes from the database while trying to take the limelight away from having to arrest yet another one of their own. I'm asking that you employ the power of the purse to really buckle down on some of these database things before it gets out of control and something particularly embarrassing happens that puts all of us in a big mess.

Thank you, Mr. Weaver. Next one signed up to speak is Steve Weatherby. Steve, as you come up, let me just ask our attorney. This is to speak about the super ag ordinance which we have before us tonight. Now, that is... arguably zoning related, but it's not a zoning case.

Right. We did have a public hearing, but I'm not as concerned about that because there's not an equal time requirement. So if you're inclined to hear that, I think that would be fine.

So we've held a public hearing, but we probably have the time and I'm willing to hear more. So Mr. Weatherby, if you come forward and tell us what's on your mind.

Oh, you need to pull that closer.

You need to pull that closer. Sorry.

There you go. I speak loud. We want to hear you. My family owns property in the AG zone district of Cherokee County. And based on a limited review of the Super AG, I just wanted to come and let you folks know we support it. And I want to congratulate the staff on a good job of putting it together. But I'm in support of it and hope you gentlemen will pass it.

Thank you, Mr. Weatherly. That's everybody who signed up, but we're moving at a fairly decent clip tonight. If somebody else wishes to speak, we could take a couple more. Anybody else have something on your mind? Hearing none, we will move on. Thank you. Oh, do we have someone? We have one. Yes, sure, certainly. Come forward and tell us your name, please.

My name is Scott Schwitters. I live at 3321 Kellogg Creek Road. Just in regard to what was mentioned before when I was here and tonight, in regard to the flock cameras. And lots of people don't like those, obviously. And they do good. Just to use them, sure. But it's a technology that we don't even know what it does and what can be done with it. To make the safeguards as strong as using the equipment to get the bad guy. We want to use it this much, make the safeguards that strong. And I commend also for doing that, for making steps in that direction to make sure that there's no abuses to that data and all that kind of stuff. That's my only comment. Thank you.

Thank you, Mr. Sweater. Anybody else? All right, we will move on now then. So that brings us to planning and zoning. We do have a couple of cases that have been heard before the Planning Commission and zoning's recommended for those. And now they're before us for action. The first of those is case number 2608017, Jay Ethan Underwood representing New Vision, Georgia. Ms. Stallings, our planning zoning director, will brief us on this. And then the matter will be before us for decision.

So we have an application for rezoning 110 acres located on Kellogg Creek and Thompson Farm Lane in the southwest corner of the county. This is in District 4, Commissioner Ragsdale's district. They're requesting to rezone the property from AG to R20 for the purposes of a conservation subdivision. They have provided a letter with 21 conditions. Just to give you the highlights of those, I have full text of that in my presentation. They're proposing a neighborhood with 149 age-restricted single-family units. Each will be at least a minimum of 1,500 square feet. There's a mandatory HOA. They have plans and proposals for a deceleration lane as well as a left turn lane into their entrance. They are obligating themselves to do a dam rehabilitation plan because, one, there's several lakes, but the largest one, it needs some work. So they're obligating themselves to do that work, as well as creating a trail connection as part of the countywide trail master plan. A month ago, the Planning Commission voted 5-3 to recommend approval of this application with the conditions, and they added two more that I'll touch on at the end of my presentation. So here's kind of a vicinity map. This property, it's all the pieces that are highlighted in that light blue color. It is just east of the intersection of Old Alabama Road and Kellogg Creek Road. Here's an enlarged picture that shows the aerial. There's several homes on the property. This is the larger lake that I was talking about where the dam rehabilitation needs to take place. Here's what the zoning map looks like in that area. There's a mixture of R40 as well as R20 around the property. This AG piece is currently owned by the county. They have plans for a future county park on that property. So there really isn't much AG left in this area. So in terms of the future development map, so this property is kind of at the end or the edge of that Southwest Cherokee area master plan. The property was designated in that master plan for residential. But we also showed adjacent to this are areas that are identified for suburban living and suburban growth just outside that master plan. Here's the overall plan for the community. They're working around the existing ponds and the streams that are on one side, leaving plenty of green space because that's part of the conservation subdivision requirements. There's some discussion early on about the entrance. The Transportation Department and the fire marshal came to an understanding about having that separated but boulevard entrance. The other thing to note is that they're proposing private streets. So the median that you see there, that's where their gates would be located. Just as a kind of summary, the staff had initial concerns about the entrance because you have 149 homes with basically one entrance. But the fire marshal and the transportation department worked on that. The school district did revise their report when they got the information about the age restrictions. There's a few things that support this application, as well as things that are in opposition. The Southwest Cherokee area supports up to 10 units per acre. It's close to that future park, as well as some institutional uses. And, you know, the conservation subdivision aspect of it may help it fit into the character of that area. On the other side, you know, it is going to be a little bit higher density than some of the R40 areas that are around it. as well as the southwest Cherokee character area calls for the density to decrease the farther you are away from Highway 92. Since this is really at the edge of that southwest Cherokee character area, Saying that there's 10 units an acre possible there, it doesn't work. So you have to consider that need to step down the density as well. These are the conditions. They are very small in this large room. I realize that. But I've pretty much summarized most of those. Another note you might want to be aware of is that the HOA is obligated to maintain the existing ponds. They'll have to follow HUD requirements for the age restriction. They'll be following all of our county requirements for outdoor lighting, land disturbance, fencing of the detention ponds, that deceleration lane and left turn lane that I spoke about earlier, stormwater requirements. Most of these are all requirements that are already in our development regs. This is the section about the trail connection. They're going to have a swimming pool. They've obligated themselves to some limited construction hours. They'll be providing a sanitary sewer connection near their entrance to allow other people in the area to connect if they need to. Obviously, these streets are going to be gated. They've proffered that they're going to put in lithium batteries in the smoke detectors. That's to help make sure that everyone living there has that protection. And there's some construction kind of track out requirements that they proffered. The two conditions that the Planning Commission added to this list were that there be a distance from the garage to the sidewalk to be a minimum of 30 feet. We've had a lot of concerns in neighborhoods with sidewalks that the houses were getting too close, that somebody with a reasonable size vehicle would park in the driveway and then their vehicle would overhang the sidewalk, kind of making it not as useful. So that was a condition that the Planning Commission developed. And then the next one we talked a lot about at the work session. Based on a gentleman who came and spoke at the public hearing, they have added that there be a 150 foot deceleration lane with a 45 foot taper. The applicant brought it to my attention that they're not able to do a 45 foot taper. They only have enough road frontage in that location for a 40 foot taper. Just so you're aware, that deceleration lane and the taper requirement, those are coming out of the GDOT standards. Our county standards don't require nearly as much. For the speed of the road there on Kellogg Creek, the county requirement is only for a 50-foot deceleration lane and a 25-foot taper. So these requirements are above and beyond what the county requires. So there's a little bit of flexibility in that. But I think the applicant would request that you adjust that to meet the road frontage that they have available. They're willing to do the 40-foot taper. They just can't do the 45.

And to your knowledge, is the applicant agreeable to the garage distance setback?

Yes, I got a thumbs up.

All right. Is that all you have?

That's it.

So questions for Ms. Stallings? We normally look to our district commissioner for leadership on this. Commissioner Ragsdale, are you hearing us OK? And can you give us your leadership on this?

Yeah, absolutely. Happy to. And I can hear you fine. I'm not sure about the others. But yeah, I can hear you, Mr. Chairman. Yeah, this one's in my district. This is, you know, a site that we are likely all very familiar with. It's a 110-acre parcel that has been in a family for a long time, and that family is electing to sell this property. So we've been, I think, going on two years now, fielding various applications and site plans from different developers, and a lot of the feedback that we've gotten in those couple of previous applications were You know density is too high right we were I think close to 200 homes in the first application Somewhere around let's say 170 ish on the second application So density was an issue with the surrounding public Traffic was a concern and then impact of this many homes on the school system. Those were the three main concerns. So being that this is a 55 and over, or an application for a 55 and over community, obviously no impact on the school system, so that takes care of that concern from the community. The traffic, there's not necessarily less traffic from a 55 and over community, but it's just at different times of the day. So they're not leaving it. 7 or 7.30 in the morning like the rest of us going to work, they might leave mid-morning or later in the day. So different traffic patterns. So that certainly helps with the traffic issue. And the density, this applicant has reduced density down to 149. So again, the lowest density that we've seen on this site in the last couple years in terms of applications, that comes out to 1.35 units per acre, which, you know, 149 home sounds like a lot, but when you look at the density that that some of the lowest density we see really anywhere, especially in my district so. It's not necessarily a concern of mine with this application so I do have a at least one comment on the stipulation letter. I don't. I'm here. I don't think about the acceleration line. So it states a deceleration lane and left turn lane, both constructed county standards, shall be installed on Kellogg Creek Road. I'd like that change to say shall be installed by the developer on Kellogg Creek Road, just to be clear on that. I know that's the intent, but just to clean up the language. And then as Margaret mentioned, the two Conditions from planning, I believe it was a 30-foot setback from the road. And then the taper on the deceleration going from 45 to 40 feet. And again, that still meets our standards. So those are the comments I have. I'm happy to make a motion. And if there's not any comments from anyone else.

Any comments before we move to a motion? I think we are ready for a motion from you, Commissioner.

OK. Well, I'll make a motion that we approve this rezoning to R20 Conservation, adopting the stipulation letter provided by the applicant, modifying number 10 to include language that this shall be done by the developer, and then adopting the two conditions from the Planning Commission and changing the 45 foot taper requirement to 40 feet. All right.

We have a motion for approval with what now adds up to 23 stipulations slash conditions. Is there a second for that motion? I'll make a second. The motion was by Commissioner Ragsdale, second by Commissioner Cagle. Discussion? What discussion do we have? I think Commissioner Ragsdale summed it up pretty well. Most of the surrounding area is zoned R20. Some of that is developed as a practical matter at a lesser density because it's on septic. But the R20 is the prevailing zoning in the area. So this really is, for the most part, consistent with the area. And it is certainly less dense than the previously proposed options for this site. Anything else? If not, we'll call the question. All in favor of the motion by Commissioner Ragsdale to approve this requested R20 zoning with the now 23 conditions, please say aye. Aye. Any opposed, nay. The motion carries unanimously, and the rezoning request is approved with the conditions. All right, thank you. So we have another one. Moving on to our item 10.2. This is another case that's been heard by the Planning Commission and has had a recommendation made by them. That's case number 2608018, Parks Huff representing Steve Smeltz.

All right. So this is an application to rezone 4.2 acres on Cumming Highway just west of the East Cherokee and Cumming Highway intersection. So it's definitely in the Macedonia area. They're requesting to rezone that 4.2 acres from R40 to GC. general commercial to allow for the construction of a multi-tenant retail space as well as a restaurant. Their initial application had two concurrent variances, one to reduce the 35-foot zoning buffer to 25 feet along the southern and western property lines. I'll show you where that is on the site plan in a minute. But the second one, concurrent variance, was to reduce the minimum number of parking spaces. They withdrew that at the public hearing. The Planning Commission a month ago voted 9-0 to recommend approval of the application with one condition, that any dumpsters be moved to the eastern boundary of the project site. And then they also voted 9-0 to recommend approval of the one remaining concurrent variance. Here is kind of a general vicinity map for the property. These three parcels here on Cumming Highway is the property that's being requested to be rezoned. This is the Kroger Shopping Center, just for your orientation, as well as that's the racetrack gas station. Now we've zoomed in a little bit closer. You can see it's got several houses on those parcels. This is the cemetery for the Macedonia Baptist Church. This property here is property that GDOT has purchased. I believe it's for a detention facility as part of the road widening project. And that'll be important in a minute. On the future development map, it is located within suburban growth as well as the community village. So that's where we would have our most intensive commercial areas that aren't right on 575. Here's what the zoning looks like in that area. There's an existing R20 neighborhood on the west and the north. The cemetery property extends pretty far back. And that's on the east and a little bit of the northern property line. This is what the site plan looks like. I've highlighted in purple the area where they requested that buffer variance. But as you know, that'll be part of the road construction project. Let's see. As we discussed before, this is an entrance on a GDOT road, so GDOT is going to be responsible for permitting it. The current plans for this location would have a median on that six-lane road, so this would be a ride-in, ride-out location. In support of this, the proposed uses are consistent with that community village designation. And as I said, coming highway is going to be a pretty significant road in the near future. In opposition, there are impacts to the adjacent residential and the cemetery. And then just we have to keep in mind that that future access is going to be limited to that right in, right out. And that might not be suitable for certain types of land uses. So that's the end of my presentation.

All right. Thank you. And this is the one that Mr. Smith wished to speak about. Again, apologies that really we held that hearing, and then we closed it. And state law doesn't allow us to reopen it without proper advertising. And we have a case in District 1. Commissioner Cable, can you give us some leadership on this one?

Yeah, I think we have. I want to see more commercial in GC, so I don't have a problem with this. And that's why I'll make a motion to approve case 26-08-018 with the recommended staff. Well, with staff recommendations.

OK, we have a motion for approval with staff.

I think it's with the Planning Commission condition. So you didn't do it? I did not write this condition about the dumpster, just to be clear.

So let me amend that. Make a motion to approve case number 26-08-018 with the Planning Commission recommended approval of the one condition, any dumpsters to be moved to the eastern boundary of the project site.

And then they asked for a concurrent variance. Should we do that one separately?

You can do it either way.

Would you want to incorporate that into your motion to include the one?

I'll go ahead and incorporate that in the original motion.

And that concurrent variance would be to reduce the required 35-foot zoning buffer to 25 feet along the southern or western property line? Yes, sir. OK, so we have a motion by Commissioner Cagle, including that one concurrent variance and the one planning commission condition involving dumpsters to be moved at the eastern boundary. Is there a second to that motion? Second. So motion by Commissioner Cagle, second by Commissioner Weatherby. Any discussion? If not, all in favor of the motion, please say aye. Aye. Any opposed? Any opposed, nay. The motion carries unanimously, and the rezoning request is approved with the concurrent variance and the one condition.

Thank you.

Thank you, Ms. Stallings. You're welcome. We have a couple of proposed annexations to consider. Again, we don't really get to decide these. We just get the opportunity to respond to the cities that are actually making the decision on those. The first one involves the city of Ballground, a site at 125 Roy Haynes Drive. Ms. Long, our planning director, will talk us through this.

We've received an annexation request from the city of Ball Ground. The applicant is Scott and Evelyn Calhoun. The zoning change is proposed from AG to CCR, which is city center residential. The location is 125 Roy Haynes Drive, Ball Ground, Georgia. The acres are one acre. The proposed development is no proposed development, as it is an existing single family home. The future development map shows neighborhood living. It is scheduled for public hearing on October 8 and city council decision on November 12. Here is the parcel proposed in the application. You can see that this will be addressing an existing island in the city of Ball Ground. Here is the residence. Again, no proposed development for this parcel. It is zoned AG, neighborhood living. Here's the survey of the property. And it is located within the growth boundary agreement that we have with the city of Ball Ground. Again, no proposed development. Therefore, staff did not have any comments on this annexation application.

All right, so this one's pretty simple, just to bring in one already developed residential lot that is not only within the growth boundary agreement, but is surrounded by the city itself. Is there a motion or any discussion before a motion on this?

I'll make a motion that we notify ball ground that we do not object.

Motion by Commissioner Cagle to respond to that we have no objection to this annexation. Is there a second? Second. Second. I think I heard Commissioner Weatherby first on the second. So motion by Cagle, second by Weatherby. Any discussion now? All in favor of the motion for no objection, please say aye. Aye. Any opposed, nay. The motion carries unanimously. And Ms. Long, if you would please respond to ball ground that we do not object to this annexation.

Yes, sir.

So that brings us to another one, this one involving one that we've heard from before, a proposed annexation on Pea Ridge Road. This is the second time it's been considered for annexation. Between the two times, it was considered for rezoning by this board. So it's back to us now just to give response to the city on the potential annexation as they consider it for a second time.

Yes, sir. The applicant is Pea Ridge Land Investments LLC. The zoning change is proposed from R40 to PDMU. That's planned development mixed use. It includes four parcels in unincorporated Cherokee County and one parcel that is already within the city of Canton. The total acres are 62.17. The proposed development is for 215 residential units with some commercial development. The future development map indicates this is suburban living and corridor and nodes and suburban development for the city. The public hearing will be held on this annexation at the city on September 3rd with the city council decision on October 1st. As you mentioned, we are familiar with this parcel, the property, and this parcel appears the parcel that's already in the city of Canton. You can see that the parcels are surrounded over on the east and the southern portion by the city of Canton. The zoning is R40. Suburban living and quarter in nodes. This is the parcel that's already in the city of Canton. and then the portion on the previous slide in this shows the entire parcels that are located in unincorporated Cherokee County. This site plan is different from what has previously been reviewed. It is proposed for two different pods. Pod one, the larger portion here, is proposed for 204 single-family detached homes on 61.5 acres. The front setback is proposed for 20 feet, the side setback for five feet, and the rear setback for 15 feet. They are anticipated to be two stories with a maximum height of 25 feet. This will be further broken down into 176 single-family homes and 28 single-family homes. And the 28 single-family homes will be located on the parcel, again, already located within the city of Canton. Pod 2, outlined within the pink shaded area here, represents seven acres that the developer has proposed to donate to the Charlie Ferguson Community Center. On this proposed site plan are 11 single family homes and a 19,510 square foot of residential units above retail outlined here. And also a park as well has been proposed within this area as well to commemorate the rich history of the Peer Bridge area. A traffic study was conducted back in 2024 for the original site plan and was included within the application. Additionally, within the application, the developer proposed commitments and proffered conditions. They're all listed here. Many of them outline the commitments represented in pod two to the Charlie Ferguson Community Center. I will point out the construction entrance will be located at Reservoir Drive. Staff had a couple of comments on the application. The property is located within the growth boundary area. In pod one, the density calculation is 3.3 dwelling units per acre. And then 5.5 with pod two. We're curious for more information to see how this aligns with the recently completed Pea Ridge Small Area Plan. We're worried about the local road and transportation infrastructure challenges due to this significant increase in traffic. Not only are 215 units proposed for this development, but if you recall from last month, there is a pending development at Old Soul Creek Road for 199 units. So there is some concern, again, about the total between both of these proposed developments for 414 new residential units. The applicant also requests a conditional use permit. This is for Pod 2, the seven acre site. This allows the building of a mixed use development in addition to the residential land use. And there are also variances outlined as well to reduce perimeter buffers against county property from 50 foot to 20. Then also that following the UDC with the city of Canton that two entrances would be required those are some of the variances in addition to the Boulevard entrance proposed for reservoir drive and Transportation had some additional feedback regarding the second entrance. Again, City of Canton does have that within their code. Some more information about the Boulevard entrance. Extending the internal street that was outlined in pink in pod two between lot 65 and 66 to the land being donated to Charlie Ferguson Community Center. There is a suggestion that the developer install the second entrance between lot 65 and 66 to connect to Pea Ridge Road. High density development may require the construction of a southbound left turn lane off Highway 140 onto Pea Ridge Road. And then at the bottom of the site plan, there was another, it wasn't an entrance as much as a cul-de-sac that was aligning with the Ralph Bunche School area that just caused some concern on what that envisioned access point was. Fire and emergency required more detailed on the Boulevard entrance, and then recommended, as well as secondary entrance, that it would be full, non-gated, per the fire code. And that realignment would be suggested, as well, to have effective access for fire and emergency services. And then there was the recommendation for a new entrance alignment to be south along Pea Ridge Road, below the Charlie Ferguson Community Center. As we know, this area has many transportation challenges. So we certainly welcome the opportunity to collaborate with both the Georgia Department of Transportation and the city on addressing some of these.

All right, so that's a lot already. And I think we have at least a little more, or maybe not much. But what are our thoughts?

How are we going to ward that going about the road? Yeah.

Well, let's look again at that last condition or proposal that you already had listed.

I'm sorry, the comments are?

Yeah, could you go back to the last? Yeah. Is this the end of it?

That was transportation, and then there's fire and emergency services.

Well, it would be on transportation. Well, it's a mix.

We have both fire and... How can we add it to, if they do that secondary entrance, then we probably suggest they work with the county, the city, GDOT, and...

Yeah, well, I mean, we could add this. It might seem a little confusing along with the way we've worded all the other suggestions, which I think we support. I was considering a request that went like this. That is, if there is any access to Pea Ridge Road and thereby to Highway 140, then we request that the city and developer participate with the county and GDOT to improve the intersection of Pea Ridge and Balletta Drive at Highway 140. That was my suggestion.

Sounds good to me, but...

It's a little redundant, perhaps, in part, at least, with some of the others. But that's probably OK. I think he gets it. I would suggest that one. And we also had another idea, I think. Yep.

When you get through writing, if you can back up to the beginning of your comments on planning. Yes, sir. I think you've got this in your second point there. But we didn't discuss it very much in the work session. I think we should be concerned about the density. Pod one is 3.3. And so I'd just make a recommendation. We highlight that and ask that they consider reducing that density to be more compatible with the neighborhood as well as the county's future land use. Both of those are at or above what we would propose in the county. So just highlight that density concern, if you would.

To really add a comment here, consider reduction in density to not exceed the county's land use plan.

Yes.

yeah so so I think what we're heading for is include all these comments we've gotten from staff as well as the two that we've named here the one about consider reduction in density to to match or not exceed the county's land use plan and then the other one which I'll I'll read again just for the record that is if there is any access to Pea Ridge Road and to Highway 140. We would request that the City and the developer participate with the County and GDOT to improve the intersection of Pea Ridge Road and Balletta Drive at Highway 140.

Mr. Chairman, I make a motion that we reply to the County with all of staff comments plus the addition of the Chairman's comments and Commissioner Carter's comments.

All right, we have a motion to reply with staff response and the two additional comments that we've discussed here. Is there a second? Second. It's a motion by Commissioner Cagle, second by Commissioner Carter. Any discussion now? All in favor of this response, please say aye. Aye. Any opposed, nay. The motion carries unanimously. Ms. Long, if you could sort that one out, please make that one for us, too. All right. Oh, yeah, and we have one more planning and zoning matter. I think Mr. Day is going to cover this one, and that is to consider for adoption the super ag residential subdivision ordinance. Thank you, Mr. Chairman.

There it is.

I should have named it Super Ag. That's where I went wrong. There we go.

I thought you did name it Super Ag. That's right.

Thank you, Mr. Chairman. Good evening, commissioners. We have before you tonight, tabled from August 18, the Super Ag ordinance, an amendment. It's actually an amendment to the zoning ordinance, adding a new Article 28, creating a new subdivision type. And like we said at the work session, it's kind of an all-encompassing document where someone who wanted to pursue a project with this ordinance should be able to find everything they need in one document to move forward. So as we discussed at the work session, we wanted to kind of highlight some of the feedback that led to some of the changes in the draft from the last meeting. Really, much of it is exactly the same. Still a permitted use. Of course, we had the initial draft. And then, of course, we had what was presented for the public hearing back on 818. And then we have today what we've been working with is the revised draft. So this district is still, or the subdivision type, is still a permitted use in AG and R80 instead of a separate zoning district. We did clarify that the location is rural places and country estates. If you recall, with our comprehensive plan and our future development map, rural places is kind of this Kelly green color here. It covers much of District 1, as well as 2 and 3. This lighter green is country estates, which is also in play with the ordinance change. And so you'd be able to pursue a super ag project in country estates and in rural places. And that covers a pretty large area of the county. And so we wanted to go back and clarify that. That had been really kind of an early objective. And we kind of had several drafts, but we're back to that now. We also had begun originally with a five acre minimum. We ended up with a two-acre minimum, but an average of five acres per access, 25 lots max per access or roadway. The lot width is the same as it was at 120 feet. MaxLock coverage is still not applicable. The open space, or actually it ends up being the disturbed area is a better way to say it, is we have a maximum disturbed area of 25%. We also added in, based on feedback we got, the ability for the planning and zoning director through administrative variance to allow someone to clear the entire lot, up to the entire lot if needed, if it was going to be for an agricultural use. So if somebody wanted a pasture or was planning to have a farm or something like that on one of these properties, then they would be able to do that. And so we included it there. The front yard setback is the same at the 20 feet from the edge of the easement. And the side yard at 30 is the same. The access easement width is also at 50. And the road width is still at 18. There's our rural places and country estates again. One thing that we did clarify is And this really became apparent when you're speaking with folks that have extremely large pieces of property. So if someone had 1,000 acres and they said, we want to cut off, say, 200 acres or 300 acres and do a super ag project, we wanted to clarify that in cutting that, let's say in this case, the parent tract would be that 200-acre parcel, that the remaining 800 acres uh... would be left to subdivide later so in other words uh... eight hundred acres would be left uh... to to create additional subdivisions perhaps or additional super ag subdivisions and then this parent tract would then be divided into a super ag project And at that point, it would go up to 25 lots. And it could not be subdivided again, if that makes sense. So within that kind of umbrella of parent tract, you could divide that out into an average of five acre lots over the 25 lots. But then you could not subdivide those again and try to get down to a lower acreage. So we wanted to clarify that, because in some cases, Some people walk in and all they have is the parent tract. They're going to divide it up and they're done. But some people have much larger tracts that they're going to be dividing out over time. So we've gone back and we've clarified that point. Also, due to the density, the very, very low density of this initiative, the projects are exempt from the tree ordinance, the private infrastructure, private streets. We've tried to... think through and based on feedback can include cost-saving measures obviously asphalt could always be used gravel chip and tar really the bottom line is can the roadway being provided support 75,000 pounds that's what the fire department is going to be looking for certainly that's going to support delivery vehicles and other large vehicles we have included a four-foot shoulder in With this, we did get feedback that a two-foot shoulder was also desired, but right now we have four-foot shoulder included, and that's going to really be important when we get to the fire section as well. We can talk about that.

I believe, and I think it's included in the latest draft, we also allowed if the developer does build streets, any or all the streets to county specs, they could seek to have them taken over for maintenance as county roads.

Yes, sir. Thank you for bringing that up. That's exactly right. They could elect to follow the county standard. And if they did, then they would follow what we have today in the development regs. And then they could build those to county standards, dedicate that to the county, and then you all could accept those at the inventory when they're built. That's exactly right. We wanted to include that opportunity as well. And so we do have the 50-foot wide easement. Typically, we would have the 60. We are including an 18-foot wide road. Typically, the 20-foot wide road would be required. But with the 18, we're kind of... looking for that four-foot shoulder. That way, even though we're using a little bit narrower road with that four-foot shoulder, you've got a little bit of ability for the vehicles if they need to yield or what have you. They've got a little bit of room to play with. And talking to the fire department, They felt like in the instances we talked about earlier where you might include a hydrant, having that additional shoulder if someone did that, or other utilities as well, for that matter, you would have room for all of that to go in and be accounted for. We do have, and we have included, fire protection in Section 28.5G. And I don't know if we have distributed the... revised we did distribute the revised language earlier and it's actually on page 18 cover that so so essentially as we discussed at the work session developer building a project can always elect to comply with fully comply with all of the fire standards. What this basically does is this reduces down the requirements to, I would say, the base requirements. And as the fire department mentioned earlier, NFPA 1142. And with that, the fire department has as an option these fire tenders, which are these vehicles that carry water. And so the service of those vehicles is something that would be in compliance with 1142. One thing that came up at the work session was, in addition to that, if a developer was willing to at least run a line to provide a hydrant at the front of the subdivision, let's say, or at the access point or the main entrance or entranceway to the subdivision, then that might be desirable. We already had in here on page 18 really that first full paragraph as carve outs where there was an existing water line capable of supplying fire flow, where it is located in the public right of way along the frontage of the development as a whole. That is the development's frontage on the abutting public road. and not the frontage of any individual lot within the development, the developer shall have a fire hydrant installed on the side of the road on which that water line is located at the development's public road frontage, and nothing herein requires the developer to extend a water line to reach the development. Or, and this is really the new section, if the development contains 11 or more lights and a water line capable of supplying fire flow is within 500 feet of the frontage of the development as a whole, the water line shall be extended to the proposed access points of the development, and a fire hydrant shall be installed. Or if the developer is running four inch or greater water lines to the development, the developer shall install a fire hydrant at the proposed access points of the development. So hopefully we captured the discussion earlier. There was a huddle with the fire department and with Jenny to account for the different scenarios that we might run into with that.

11 lots or more, and within 500 feet, they've got to bring it to the entrance. Or if they're bringing a four-inch line anyway or greater, then they've got to put a hydrant on it at their entrance.

Yes, sir.

If neither of those, they're not required to do anything about water for fire protection.

Yes, sir. And I think the consensus was we can't think of everything, right? We've talked about that. Can't think of every scenario. So as we work with this, as this is implemented, I think we'll begin to see there may be things. And we even talked about a few scenarios earlier. Hey, what about this? What about that? So I think if we see some things that come up that we may need to suggest to you to think about adjusting this, we definitely would want to come back. And I know the fire chief mentioned earlier about wanting to report to you at least annually on how things are going with this. And we can come back to this if we need to.

Well, I mean, I think that captures it. It was kind of a hard fought compromise at the work session, but one I think we can all live with.

Yeah, I agree. So without further ado, Mr. Chairman, this is something that Brantley and I have been working on since, what, the past 10 months?

It's been a minute. And by the way, congratulations, really, on getting it to the point we're about to vote on it.

I appreciate that. So I'll make a motion that we adopt the Super AG ordinance with this newest version. including the changes to the development with 11 more lots capable of supplying firewaters within 500 feet, or if the developer elects to run a four-inch or greater water line to the development, then the developer shall install a fire hydrant at the proposed access point.

All right. So I have a motion by Commissioner Cagle to adopt the ordinance with the change to the fire requirements as noted. Is there a second? Second. Second. I'm not sure who I heard first on that one.

I don't know.

I think it sounded like Commissioner Carter. So I'll say the motion by Commissioner Cagle, second by Commissioner Carter. Discussion? Again, I'll say thanks to Commissioner Cagle for his determination and persistence in pushing this forward. I think it offers an opportunity for the kind of development we really want to happen in the most rural parts of the county, that is very low density development, not a house on every two acres, which is allowed under the current ordinance, but it's not really rural in nature. This will be much more rural. We're doing it. For years, I've sort of thought of trying to do it with the stick approach, and that would be to require five acre lots. That would be very controversial, maybe subject to legal challenge. And this is more of a voluntary with a carrot approach, offering relaxed development requirements in exchange for lower density, more rural style development. So I think we're at the right place. And I'm proud of us all, and particularly Commissioner Cagle for getting us here, for Mr. Day and his team for jumping through all the hoops that it took to get us here. So it's a good thing in my view. Any other comments? We'll call the question. We have a motion and a second. All in favor of adopting this ordinance that we call the Super Ag ordinance, please say aye. Aye. Any opposed, nay. The motion carries unanimously, and the ordinance change is adopted. All right, thank you all. So that brings us to the consent agenda. We have, in this case, eight items to be presented by the county manager for action, all in a single vote.

Good evening, Chairman and Commissioners. I've got eight items for you to consider this evening under consent agenda. First being to consider a request from Recreation and Parks to accept the annual federal boost grant in the amount of $60,000 and to consider authorizing a budget amendment in the same amount for the 2026-2027 term. Item two is to consider a request from the coroner's office for use of $4,076 in opioid settlement funds to purchase personal protective equipment, or PPE. Item three is to consider a request from Recreation and Parks for a lease agreement with a county employee for the existing house located at 3010 Hunt Road, the site of future Woodworth Park. Item four is to consider a request from the Recreation and Parks to grant an easement of right of way to Sawnee EMC on the Yellow Creek Road conservation area parcel to run power to the park. Item 5 is to consider a resolution to waive the alcohol license residency requirement for Pan-Caj, Jane, LLC, doing businesses Quick Food Mart for a convenience store and gas station. Item 6 is to consider a resolution to waive the alcohol license distance requirement for Pancash Jane, LLC, doing business as Quick Food Mart for a convenience store and gas station with alcohol sales located at 8769 Hickory Flat Highway, Woodstock, Georgia. Item seven is to consider a resolution from senior counsel to add a section to the personal policies manual for volunteer services to establish policies for volunteers serving in departments countywide. And number eight, item eight is to consider a request to hold a public hearing on October 6, 2026 to receive comments from the public regarding a proposed ordinance to regulate the operation and permitted uses of electric bikes, scooters, and similar mobility devices and creating a new section in chapter 58 of the Cherokee County Code of Ordinances and effective definitions in chapter 58 and chapter 50. Those are your consent items this evening.

Motion to approve the consent agenda as presented.

Motion by Commissioner Carter to approve the consent agenda. Is there a second? Second. Second by Commissioner Weatherby. Any discussion? All in favor, please say aye. Aye. Any opposed, nay. The motion carries unanimously, and the consent agenda is approved as presented. That brings us to the county manager section, which is four items to be considered individually.

Yes, sir. Thank you. First item under my portion of the agenda will be to consider a request from E911 for Amendment 2 to the Professional Services Agreement with Vertiv Corporation to add maintenance and emergency service coverage for six additional LIPR UPS systems located at county communications tower sites. This amendment increases the annual contract amount by $14,585. That would be from $15,893.33 to $30,478.33. It increases the total three-year contract amount from $47,680 to $91,435. The existing agreement provides original equipment manufacturer certified preventive maintenance and emergency service support for these UPS systems serving counties primary and backup E911 centers. The amendment adds the same coverage for six additional UPS systems located to communications tower sites throughout the county. VIRTIV is the approved sole source provider under the original agreement, and the additional services under the second amendment fall within the same sole source justification. Funding for this request is included in E911's annual operating budget.

Motion to approve 12.1. Motion for approval by Commissioner Weatherby.

Second.

Second by Commissioner Carter. Any discussion? All in favor, please say aye. Aye. Aye. Any opposed? Motion carries unanimously, and this amendment to the agreement with Vertiv Corporation for six additional UPS systems at communications tower sites is approved.

Thank you. Item two is to consider a resolution agreement with the Georgia Environmental Protection Division, or EPD, requesting reimbursement from the Hazardous Waste Trust Fund site for costs associated with the monitoring of Blalock Road landfill in fiscal year 2025. The amount of what's shown up here is wrong. The amount is $32,567.16, which you see there is what we got last year. The county's consultant for Blalock Road Landfill, Mint Incorporated, submitted an application to the Georgia EPD for reimbursement of expenditures incurred in the fiscal year 25. For semiannual surface and groundwater monitoring activities the county had conducted at the closed landfill. Once the application is approved by EPD and in order to receive reimbursement in the amount of $32,567.16, the county must return the attached to EPD. Once they receive those executed documents, they will execute the contract and provide that reimbursement back to the county.

Motion to approve 12.2.

Motion for approval by Commissioner Carter.

Second.

Second by Commissioner Weatherby. Any discussion? Question, does the $32,000 and some odd cover the whole cost, or is that just a portion of it?

It does not cover the whole cost. The previous application last year was more because it covered two years. So this application only covers one year.

But still, we're out of pocket on the cost for some of this. We're still out of pocket.

It covers some, but it just covers some of the groundwater monitoring. That's all.

OK. Any other questions or comments? All in favor, please say aye. Aye. Any opposed? The motion carries unanimously, and this agreement with the Georgia EPD for reimbursement of Blalock Road monitoring fees is approved.

I thank you. Item three is to consider resolution from senior council approved professional services agreement for Barron and Budd, PC, Simonson-Sussman, LLP, Oaths, Heiser, Miller, Weygand, and Klang, LLC, Seif and Pfeiffer, LLC, and Shiver, Hamilton, Campbell's, collectively known as the attorneys, to represent Cherokee County in a class action suit against major fire truck manufacturers, and to authorize the county manager to execute documents necessary to effectuate the participation. This agreement sets out the terms for the law firms to represent the county in connection with the county bringing in action arising from injuries and damages related to and caused by fire truck manufacturers and other defendants' unfair and anti-competitive business practices in violation of antitrust laws. This is basically entering into a class action suit.

Motion to approve 4.3.

Motion for approval by Commissioner Cagle.

Second.

Second by Commissioner Weatherby. Any discussion? All in favor, please say aye. Aye. Any opposed, nay. Motion carries unanimously, and this agreement with the named attorneys to proceed in a class action suit against the fire truck manufacturers is approved.

I thank you. Item four, your last item under my portion, is to consider a request from property management for approval of agreement from Carrier Corporation to repair the existing air conditioning chiller at the Justice Center and to rent a temporary chiller while parts are ordered in the amount of $35,000, including ratification of county manager approval. Back on Friday, August 21, the property management team was notified of smoke or fog inside of the Justice Center and found that the air conditioner chiller had a failure and a refrigerant leak. The maintenance contractor carrier was notified and dispatched, and after evaluation it was deemed the unit is repairable. This chiller was actually replaced in 2024. Per the county's comprehensive maintenance agreement with carrier, they immediately started putting a plan together to locate a rental chiller. While that replacement part is ordered, that replacement part should take five to six weeks to receive. As we have multiple jury trials scheduled this September at the Justice Center, and it is a heat wave right now, the only alternative to keep the courthouse operational was to rent a chiller. Carrier was able to get a rental chiller, and it was installed and operating by Wednesday, August 26th. This agreement anticipates use of the temporary chiller for 30 days. If additional time is required, the cost will be $22,000 per month, or prorated equivalent to that amount.

Motion to approve 12.4.

Motion for approval by Commissioner Cagle.

Second.

Second by Commissioner Weatherby. Any discussion? I'd like to add my thanks to the property management team and to the employees working in the courthouse for quick and effective action to deal with this emergency. They did a super job, cleaned up a horrible mess, and nobody hurt. And back in business, the people in the courthouse dealt with the disruption, got it back together, and back in action now.

In less than a week, we were back in action.

Very, very good work for a tough situation. So we do have a motion and a second. Any other comments or discussion? All in favor, please say aye. Aye. Any opposed, nay. The motion carries unanimously, and this agreement with Carrier Corporation for the rental of the temporary chiller is approved.

I thank you. That concludes my portion of the agenda.

Thank you, sir. And that concludes our agenda for this evening. Is there anything else to come before the board? If not, a motion to adjourn is in order. Motion to adjourn. Motion to adjourn by Commissioner Cagle.

Second.

Second by Commissioner Carter. All in favor of that motion, please say aye.

Aye.

Aye. Opposed, nay. The motion carries unanimously. We are adjourned.