Hart County Board of Commissioners
August 13th,
2002
5:30 p.m.
The Hart County Board of Commissioners met August 13th, 2002 at 5:30 p.m. in the Hart County Administrative & Emergency Services Center.
Chairman Joey Dorsey presided with Commissioners R. C. Oglesby, Don Burdick, Randy Banister and Ken Brown in attendance.
Chairman Dorsey called the meeting to order.
Chairman Dorsey welcomed those in attendance.
Prayer was offered by Commissioner Banister.
Everyone stood in observance of the Pledge of Allegiance.
Commissioner Burdick entered a motion to amend and approve the meeting agenda as follows:
New Business
Item n Intergovernmental Agreement/Voting machines
Move item l to the first item of New Business
Commissioner Banister provided a second to the motion. The motion carried 4-0.
Approve Minutes of Previous
Meeting(s)
7/23, 8/2, 8/7, 8/12 ’02
Commissioner Banister entered a motion to approve the minutes of the meetings held July 23rd, August 2nd, August 7th and August 12th, 2002. Commissioner Burdick provided a second to the motion. The motion carried 4-0.
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County Administrator Gary Cobb reported that he contacted the University of Georgia concerning arbitration of the 1% LOST matter. He stated the University offers mediation services they do not offer arbitration. He reported the cost would range from $3,000 to $6,000. He said he would have more details later.
Chairman Dorsey announced a called meeting Wednesday, August 14th, 2002 to discuss the 1% LOST at 12:30 p.m. and a budget meeting on August 22nd , 2002 at 12:00 noon.
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a. Board/Authority Appointments
No action was taken.
County Administrator Gary Cobb reported the Beer & Wine Application submitted by Debbie Spears was in order with one exception. According to a survey done by the County Surveyor revealed that the distance from the front door of the store to the property line of Abundant Life Baptist Church is 1,021 feet. Adding that the Beer & Wine Ordinance states that no license shall be granted to a business located within 350 yards (1050 feet) from a church, school or hospital.
Commissioner Banister entered a motion to deny the applicant’s request for beer and wine license due to the distance requirements as per the county ordinance. Commissioner Burdick provided a second to the motion. The motion carried 5-0.
Attorney Todd Wooten reported that the old survey that was done for Max Saver did not provide the correct measurement and presented a new survey showing the store met the distance requirements.
Commissioner Burdick noted that the survey was not signed and certified by the surveyor. Attorney Wooten said they were not able to obtain a certified copy prior to the meeting.
Debbie Spears remarked that she requested a copy of the county survey and was told that there was not one on record.
Attorney Gordon said that there was an open records request filed with the Board of Commissioners' office, however, there was not a survey filed as public record. He said that he had the affidavit signed by the surveyor with the survey attached. The survey and affidavit have been obtained for use as evidence in the October 2000 reconsideration hearing, but was not submitted because the applicant acknowledged that the store was not 350 yards from the church property, rendering the evidence unnecessary at that time.
Curren Smith said when the first survey was done that the church did not own the property. Chairman Dorsey remarked that the current application is the one that is being considered.
Attorney Wooten remarked that the entranceway of the store has been changed to meet the distance requirement outside 350 yards.
a. LARP List
Commissioner Burdick entered a motion to approve the LARP list for fiscal year 2003 and submit it to the DOT. Chairman Dorsey provided a second to the motion. The motion carried 5-0.
b. Request for additional In-House Paving Projects
Commissioner Burdick entered a motion that each commissioner submit one half mile for additional in-house resurfacing paving projects. Commissioner Banister provided a second to the motion. The motion carried 5-0.
c. Abandonment of County Road within the City limits, State Park and Federal Parks
Commissioner Banister entered a motion to proceed with the abandonment process. Commissioner Burdick provided a second to the motion.
Attorney Gordon remarked that the government within the jurisdiction of the roads would be notified of the board’s action. The vote carried 5-0.
d. Shallow Creek Road Relocation Request
After discussing the relocation request of Shallow Creek Road with property owner Mr. Dunn it was recommended that he work with the Public Works Director and present the matter to the board for consideration.
e. Addition of Spring Road to Road System
Commissioner Oglesby entered a motion to add Spring Road to the county road system. Commissioner Burdick provided a second to the motion. The motion carried 5-0.
f. Renaming of Moreland Heights Spur Road
Commissioner Oglesby entered a motion to table the matter until the property owners are notified. Commissioner Burdick provided a second to the motion. The motion carried 5-0.
g. Renaming of Roper Road
Commissioner Oglesby entered a motion to table the matter until the property owners are notified. Commissioner Banister provided a second to the motion. The motion carried 5-0.
h. Addition of a section of Cheek Road & its renaming
Commissioner Oglesby entered a motion to add the section of Cheek Road back into the road system. Commissioner Brown provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entered a motion to table renaming a section of Cheek Road until the property owners are notified. Commissioner Brown provided a second to the motion. The motion carried 5-0.
i. Vanna Road Contract Award
Commissioner Oglesby entered a motion to award the contract for Vanna Road to E J Brennman, pending a DOT contract. Commissioner Brown provided a second to the motion. The motion carried 5-0.
j. Jason Aberhold Subdivision
Commissioner Oglesby entered a motion to grant a variance to Jason Aberhold subdivision request. Chairman Dorsey provided a second to the motion. The motion carried 5-0.
k. EMA Ordinance Amendment
Commissioner Banister gave a second reading of the proposed amendments to the Ordinance Authorizing the Imposition of curfews during time of emergency of disaster.
Commissioner Oglesby entered a motion to table the EMA Ordinance Amendment until the next meeting. Commissioner Burdick provided a second to the motion. The motion carried 5-0.
m. Victim Assistance Revenue Sharing Resolution
County Administrator Gary Cobb explained that the Resolution would authorize the Superior Court and Probate Court to remit one-half (2 1/2%) of the 5% surcharge for victim assistance to the NE Georgia Council on Domestic Violence for the battered women's shelter.
Commissioner Burdick entered a motion to adopt the Victim Assistance Revenue Sharing Resolution. Commissioner Oglesby provided a second to the motion. The motion carried 5-0. The resolution is recorded in the minutes book.
n. Intergovernmental agreement -Voting machines
Commissioner Oglesby entered a motion to adopt the Intergovernmental agreement with the State of Georgia. Commissioner Brown provided a second to the motion. The motion carried 5-0.
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Commissioner Oglesby entered a motion to adjourn the meeting. Commissioner Brown provided a second to the motion. The motion carried 5-0.
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Joey Dorsey, Chairman Lawana Kahn, County Clerk