Hart County Board of Commissioners

August 12th, 2003

5:30 p.m.

 

 

The Hart County Board of Commissioners met August 12th, 2003 at 5:30 p.m. in the Hart County Administrative & Emergency Services Center.

 

Chairman Randy Banister presided with Commissioners R C Oglesby, Daniel Reyen, Ricky Carter and Joey Dorsey in attendance.

 

  1. Call to Order

Chairman Banister called the meeting to order.

 

  1. Welcome

Chairman Banister welcomed those in attendance.

 

  1. Prayer

Chairman Banister offered prayer.

 

  1. Pledge of Allegiance

Everyone stood in observance of the Pledge of Allegiance.

 

  1. Approve Agenda

Commissioner Dorsey entertained a motion to amend and approve the agenda as follows:

            Consent Agenda

            Add Seawright and Vaughn Subdivisions

            New Business

Change item a to read Application consideration/Jolin's Fish House Beer & Wine

 

Commissioner Reyen provided a second to the motion. The motion carried 5-0.

 

  1. Approve Minutes of Previous Meeting(s)
    • 7/22/03 Regular Meeting

Commissioner Oglesby entertained a motion to approve the minutes of the meeting held July 22nd, 2003. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

  1. Remarks by Invited Guests, Committees, Authorities

Angela Steedley-Water & Fire Protection Improvements $500,000 CDBG Block Grant

 

Ms. Steedley, of Steedley-Hosey Enterprise, congratulated the Board and the Water & Sewer Utility Authority for being awarded a Community Development Block Grant in the amount of $500,000 for water and fire protection in the Rhodella Park, Ernest Oliver Road and Hwy 77 unincorporated areas of the county.

 

Ms. Steedley stated the cash match of $332,000 is allocated in the SPLOST II funds. She announced that Steedley-Hosey Enterprise has contracted with the Water & Sewer Utility Authority to administer the grant and a public hearing is scheduled for October 14th,2003.

 

Ms. Steedley welcomed the county's participation at the grant award ceremony in Savannah, Georgia September 19th, 2003.

 

Chairman Banister thanked Ms. Steedley for her efforts and stated he is excited about receiving the grant.

Commissioner Reyen commended Ms. Steedley for the fantastic grant proposal and stated that Hart County is 1 in 4 counties in North Georgia that was awarded grant funding.

 

  1. Reports by Constitutional Officers & Department Heads

None

 

  1. County Administrator's Report

Interim Administrator Caime requested scheduling a work session to discuss the upcoming budget. The Board agreed to meet August 15th, 2003 beginning at 8:30 a.m.

 

Administrative Assistant Mary Hughes demonstrated the resources that are available to the public through the county's website. Mrs. Hughes explained the phase one of the document management workflow process.

 

  1. Chairman's Report

Chairman Banister reported that the eight month audit of General Fund and the SPLOST funds has been mailed from County Auditor Wayne Bowen's office.

 

Chairman Banister announced the budget work sessions are open to the public; the American Legion sponsoring a ceremony September 11th at the 1st Baptist Church gym; DCA Commissioner Mike Beatty will be speaking at the Literacy Center's annual meeting August 18th 12 noon.

 

  1. Commissioners' Reports

None

 

  1. Consent Agenda

Gibbs, Garner, Seawright & Vaughn Subdivisions

Commissioner Oglesby entertained a motion to approve the Consent Agenda items. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

  1. Old Business

a)                  Behavioral Health Center Lease Acceptance

Interim Administrator Jon Caime presented the monthly lease agreement with GA. Mtn. Community Service Board. He explained the funds received from them will be placed in an escrow account to be used for future maintenance and upkeep for the facility. He also stated that the county's funding contribution to the Service Board will be reduced by the monthly lease amount.

 

Commissioner Reyen stated that he wanted to make sure that the budget amount would not be placed back into the budget in the future.

 

Commissioner Dorsey entertained a motion to table the lease agreement. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.

 

b)                  Hart County Flood Damage Prevention Ordinance Public Hearing

Chairman Banister explained that the purpose of the public hearing is to receive public input on a proposed Flood Damage Prevention Ordinance.

 

EMS/EMA Director Terrell Partain gave an overview of the Flood Damage Prevention Ordinance. He explained that once the ordinance is in place county residents that live in flood plain areas will be eligible to purchase flood insurance. He also stated that if a disaster is declared that federal funds would be available to the county for flood damages.

 

He explained that all the creeks in the county have been identified and the permitting office will access the proximity to flood prone areas of the county.

 

Commissioner Dorsey asked once the ordinance is in place how long would it take for a property owner to enroll in a flood insurance program. Director Partain responded within 30-45 days.

 

Dale Banister asked if residents would be able to purchase flood insurance. Director Partain explained that residents are not eligible to purchase flood insurance without the county participating in a Flood Damage Prevention Program.

 

Commissioner Carter voiced concern about the guidelines not being specific.

 

Commissioner Reyen stated that some county residents are under the impression that the county would be responsible to drain areas that are in a flood plain. Director Partain responded that the county would not be responsible to drain problem areas.

 

Joe Brandenburg asked what about individuals that purchased property years ago and find they live in a flood plain area. Director Partain responded that they would be grandfathered in and would be eligible to purchase flood insurance if they elected to.

 

Director Partain explained that if an individual does over 50% improvements on existing homes in a flood plain area they would be required to follow the guidelines.

 

Commissioner Carter stated that in his opinion the section pertaining to fines should be specified as may be fined. He also asked if page 6 paragraph 6 is before or after construction. Director Partain responded that it is after completion of construction.

 

With no further discussion, Chairman Banister closed the public hearing.

 

c)         Building Permit Ordinance Amendment 2nd reading

EMS/EMA Director Partain presented the Building Permit Ordinance Amendment.

 

Commissioner Reyen entertained a motion to accept the Ordinance as the second reading. Commissioner Carter provided a second to the motion. The motion carried 5-0.

 

d)      Public Hearing for the enactment of Enhanced 911 Wireless Charge

EMS/EMA Director Partain reported that the E911 equipment is capable of providing automatic number identification connections to locate calls coming in on cellular telephones. He explained that the Board has to revisit the 911 charge resolution every thirteen months.

 

Dale Banister asked if the $1.50 would be on all cell phones. Director Partain responded that every line would be charged $1.50 unless an individual has a family package.

 

With no further discussion, Chairman Banister closed the public hearing.

 

            e)         Enhanced 911 Wireless Charge Resolution

Commissioner Oglesby entertained a motion to adopt the E911 Wireless Charge Resolution to impose a rate of $1.50 per month per wireless connection effective November 1st, 2003. Commissioner Reyen provided a second to the motion. The motion carried 5-0. The resolution is recorded in the minutes book.

 

            f)          Amendment to Chapter 26, Article II                                                                Emergency Management 2nd Reading           

 

EMS/EMA Director Partain explained that section (b) has been incorporated in the Amendment to Chapter 26, Article II that would call for a thirty day review by the BOC during a declared disaster.

 

Commissioner Reyen raised objection of the Mayors being involved with Emergency Management. Director Partain explained that it is the BOC responsibility to declare an emergency and that State law prevails over the issue. He explained that the City of Hartwell and Bowersville have signed on with the county's Emergency Operations Plan.

 

Commissioner Oglesby requested verification of Section (4). Director Partain explained that during a declared disaster that there will be a strict accounting of supplies distributed and funds received for such supplies.

 

Commissioner Dorsey remarked that the county has to be prepared if a disaster is declared.

 

Chairman Banister entertained a motion to accept the Amendment to Chapter 26, Article II Emergency Management as the second reading. Commissioner Reyen provided a second to the motion.

 

Tom Hardigree voiced his concern about Section 26:34 (3) and (5) that would grant the Emergency Management Agency to much power.

 

EMS/EMA Director Partain responded that EMA is controlled completely by the Board of Commissioners.

 

Chairman Banister called for a vote. Motion carried 3-2 (Commissioners Oglesby and Dorsey opposed).

 

After a brief break the meeting resumed.

 

  1. New Business

 

a)                  Application consideration for Jolin's Fish House Beer & Wine

License

 

Interim Administrator Caime addressed the issues concerning the Beer & Wine application submitted by Linda Caudell as follows:

            The entrance to the facility

169 names submitted on a petition in opposition to the sale of beer & wine at the location (unconfirmed signatures)

7 individual letters have been received in opposition

205 names submitted with no opposition of the sale of beer & wine at the location (unconfirmed signatures)

            6 letters have been received in support

 

Commissioner Reyen stated that part of the beer and wine ordinance is specific and part of it is subjective.

 

Chairman Banister read the criteria of the beer and wine ordinance.

 

Attorney Chan Caudell, representing Linda Caudell, asked the board to use discretion and grant the license for Jolin's Fish House. He said that Mrs. Caudell has a vested interest in the restaurant and that there are safe guards in the ordinance to revoke or not renew the license.

 

Ronnie Singleton, owner of Jolin's since 1972, stated he has been trying to sell or lease the property for eighteen months. He said he mailed out six hundred form letters and received 205 supporting the sale of beer and wine at the restaurant.

 

Mr. Singleton addressed the issue concerning the entrance to the facility stating it is clearly visible from the road and that the establishment meets the criteria of the beer and wine ordinance. Therefore Mrs. Caudell should be granted a license.

 

Linda Caudell remarked that she understands the neighbors concerns and that she will be a good neighbor. She said the restaurant will be open from 5:00 p.m. to 9:30 p.m. and she will monitor the amount of alcohol consumption. She added that food is primary and beer and wine is secondary.

 

Commissioner Carter asked Ms. Caudell if she plans to live in the area. She responded that she plans to move to Hart County and get involved in the community.

 

Commissioner Reyen asked Ms. Caudell if the restaurant will be open in the winter. Ms. Caudell responded that she is marketing the business to stay open year round.

 

Joe Brandenburg offered support for Ms. Caudell's request for beer and wine license.

 

Benny Cheek urged the board to take the neighborhood into consideration and that people have had a problem finding the entrance to the facility. He voiced his concern about the dangers of walking or driving Whippoorwill Circle where the restaurant is located. He asked how Ms. Caudell would be able to determine when someone had too much to drink especially if someone consumed alcohol prior to going to the restaurant.

 

Rev. Ken Deitle voiced opposition to granting the beer and wine license in that the neighborhood is strictly family oriented. He added that the business had done well without alcohol and fifty-seven percent of automobile accidents are the result of alcohol.

 

Commissioner Oglesby entertained a motion to grant the beer and wine license to Jolin's Fish House. Commissioner Dorsey provided a second to the motion.

 

Commissioner Dorsey remarked that the decision to grant the license is not based on personal feelings or personal opinions. He said Ms. Caudell has met the requirements of the county's beer and wine ordinance.

 

Chairman Banister called for a vote. The vote carried 4-1 (Chairman Banister opposed).

 

Commissioner Dorsey requested clarification on denying the Crowe's Nest beer & wine application. Commissioner Reyen remarked that the Crowe's Nest would change the character of the neighborhood and that it would appear to be a beer joint. He added that the neighborhood grew up around Jolin's and is an ongoing established business.

 

Commissioner Carter remarked that you have to spend $10-$12 to get alcohol with a meal at Jolin's and that he made the best decision with information provided.

 

Chairman Banister remarked that the beer and wine ordinance is valid and that it was forced on the county. He added that more individuals have died from drunk drivers last year than from the Vietnam War. He said that the Jolin's is clearly in the middle of a residential area and that he respects the values that people hold. Therefore, the effect on the neighborhood should be considered. He also added that there is a tremendous cost associated with alcohol consumption.  

 

Commissioner Reyen remarked that a lot of people are opposed to alcohol for various reasons. However, the sale of beer and wine is legal in the State of Georgia and that Hart County is under a court order to issue beer and wine licenses. Adding that not every location is suitable to sell alcohol.

 

Chairman Banister remarked that the State Legislators didn't make the decision to legalize alcohol statewide that is up to counties to decide.

 

Ms. Caudell requested a verification of the fees for the Class "A" beer and wine license. Chairman Banister responded that the annual fee is $1,200.

 

b)                  LARP List

Interim Administrator Caime reported that the DOT is requesting the 2004 LARP list which has to be remitted by September 1st, 2003.

 

No action was taken.

 

c)                  Discussion on Savannah River Lakes Private Land Ownership Restoration Act

Interim Administrator Caime explained the Representative Charlie Norwood's proposed legislation. Stating it would direct the Secretary of the Army to convey certain land in Georgia and South Caroline to the counties in which the land is located.

 

Joe Brandenburg, Lee Brinson, Gary Cobb, Ronnie Singleton, Bill Clark, Charles Sanford and Jack Quinn voiced their concern about Rep. Norwood's proposal. Stating that property values would decrease around the lake plus it would be a tremendous cost for the county to maintain and/or dispose of the property. They urged the Board to represent the county with their concerns.

 

  1. Public Comment

None

 

  1. Executive Session

None

 

  1. Adjournment

Commissioner Oglesby entertained a motion to adjourn the meeting. Commissioner Reyen provided a second to the motion. The motion carried 5-0.

 

 

 

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Randy D. Banister, Chairman                            Lawana Kahn, County Clerk