Hart County Board of Commissioners

October 24th, 2000

7:00 p.m.



The Hart County Board of Commissioners met October 24th, 2000 at 7:00 p.m. in the Hart County Administrative & Emergency Services Center.


Chairman Joel Moore presided with Commissioners Ken Brown, Don Burdick and R. C. Oglesby in attendance.


Call to Order, Welcome, Moment of Silence


Chairman Moore called the meeting to order, welcomed those in attendance and called for a moment of silence in memory of Commissioner Harry Hannah.


Approve Minutes of Previous Meeting(s)

            10/09th, 10/10th, 2000


Commissioner Oglesby entered a motion to approve the minutes of the meetings held October 9th and October 10th, 2000. Commissioner Brown provided a second to the motion. The motion carried unanimously. The agenda is recorded in the "2000-2001" minutes book.


Remarks by Invited Guests, Committees, Authorities, Etc.

a.                  Charles Lattuada/Health Dept. regulations


Mr. Lattuada gave a brief report of the activities of the Board of Health. He commended the late Commissioner Hannah for his involvement and dedication to the Board of Health.


Mr. Lattuada reported the Board of Health reviewed recommendation pertaining to Environmental Health issues and adopted a resolution. The resolution has presented to the attorney. He said they would consider other regulations pertaining to swimming pools at their November 21st, 2000 meeting. He also reported Commissioner Burdick would replace Commissioner Hannah's position on the Board of Health.


Commissioner Burdick asked Mr. Lattuada to clarify regulations on swimming pools. Mr. Lattuada said it will regulations set forth for public pools.


Reports By Constitutional Officers & Department Heads


County Attorney Walter Gordon reported the Hart County Water & Sewer Utility Authority met prior to the meeting and groundbreaking ceremonies were held October 23rd, 2000 for the 29N water line project. He also reported the Authority would hold a pre-construction conference November 8th, 2000 at 10:00 a.m. for the 29N water line.


County Administrator's Report



Chairman's Report


Chairman Moore encouraged attendance to the established schedule of meetings throughout the county for the 1%SPLOST referendum on the November ballot.


Commissioners' Reports


Commissioner Burdick reported he has discussed the county's paving policy with residents on St. James Road.


Consent Agenda

a.                  LWCF Grant Resolution


County Administrator Gary Cobb reported the grant is through the Department of Natural Resources in the amount of $50,000. He said it would partially fund acquisition of land for the Recreation property.


Commissioner Brown entered a motion to adopt the LWCG Grant Resolution. Commissioner Burdick provided a second to the motion. The motion carried unanimously.  The resolution is recorded in the "2000-2001" minutes book.


Old Business



New Business

a.                  Curran Smith/Alcoholic Beverage Hearing


Mr. Smith thanked Boone Milford who sold him property on 29N so he could build a convenience store and William Tucker for grading the property. Mr. Smith appealed the decision the board made to deny beer and wine license for Max Saver store at a previous meeting.


He reported he had another surveyor survey the property and apparently during the grading process a stake could have been moved.  He asked the board to consider a variance on the distance requirement that is set forth in the Beer & Wine ordinance.


Chairman Moore stated the board's decision to deny the beer & wine license request would stand since there was not a motion by the board to grant a variance.


Public Comment


Kathy Smith Carpenter, sister of Curran Smith, said Max Saver store is a family oriented business and her brother would not have spent funds to build the store if he knew he couldn't get a beer & wine license from the county. She asked the board to reconsider their decision to deny the beer & wine license to Mr. Smith.


Commissioner Oglesby stated the board has not altered the beer & wine ordinance before and once you start making changes they'll be doing it from now on.


Ms. Carpenter said she is a member of a Baptist Church and her brother is a very good honest person. She also said the board has discretionary powers to grant a variance.


Chairman Moore remarked the board is setting in a seat that they make difficult calls everyday. He said it is not the intention of the board to harm Ms. Carpenter or her brother. However, in carrying out their responsibilities as the governing authority and in fairness to the public at large they will uphold the beer & wine ordinance that is currently enacted.


Ms. Carpenter commented that in following due process of the beer & wine ordinance Mr. Smith did not receive a letter from the board denying his license request.


County Administrator Gary Cobb remarked that a letter was sent to Mr. Smith at the 29N store location and he also hand delivered a copy of the letter to the store.


Ms. Carpenter said her brother has helped her many times and they are just regular people. She ending with stating her brother has spent a lot of money in the county and they can always ask again for a variance.


Martha Morris said she saw the sign posted by Mr. Smith of his intent to apply for a beer & wine license. She said he had forty-four arcade machines in the facility which he would not be in compliance with the arcade license and sell beer & wine also.


Commissioner Brown entered a motion to adjourn the meeting. Commissioner Oglesby provided a second to the motion. The motion carried unanimously.





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Joel Moore, Chairman                                   Lawana Kahn, County Clerk