Hart County Board of Commissioners

November 11th, 2003

5:30 p.m.

 

The Hart County Board of Commissioners met November 11th, 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 Oglesby entertained a motion to amend and approve the meeting agenda as follows:

Addition to Consent Agenda

        Trimble Subdivision

New Business remove item a)

Addition to New Business

f)        Change order Gateway Industrial Park Phase 1

g)       Budget Amendment Fire Dept (Fund 203)

h)       Variance Dundee Lane Subdivision

i)         Ambulance remount bid

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

 

  1. Approve Minutes of Previous Meeting(s)
    • 10/28/03 Regular Meeting
    • 11/06/03 Roads Work Session

Commissioner Oglesby entertained a motion to approve the minutes of the meetings held October 28th, and November 6th, 2003. Commissioner Reyen provided a second to the motion. The motion carried 5-0.

 

  1. Remarks by Invited Guests, Committees, Authorities

None

 

  1. Reports by Constitutional Officers & Department Heads

None

 

  1. County Administrator's Report

Interim Administrator Jon Caime announced that he has received a response from the Department of Revenue in reference to the appointments to the Peer Review Committee. He reported that Wayne Blackwelder Representing the DOR, James Heard from Lincoln County Board of Tax Assessors and Michael Floyd Chief Appraiser/Assessor from Bartow County has been appointed to the Peer Review Committee to review the Board of Tax Assessors.

 

Interim Administrator Caime announced that the open house for the Behavioral Health facility is scheduled Friday, November 14th, 2003 at 3:00 p.m.

 

  1. Chairman's Report

Chairman Banister mentioned the Veteran's Day event at the Hart County High School. He also requested that the Board consider names for the appointment to the Board of Tax Assessors to fill Hedrick Isley's vacated position.

 

  1. Commissioners' Reports

Commissioner Reyen read an article from the Atlanta Journal-Constitution regarding "Plant's stench angers East Dubliners". He reported that neighbors that live in East Dublin, Laurens County are complaining about nauseating odors from an animal rendering plant. He said that conditions of an air quality permit is still be decided by the EPD and that the Department of Agriculture reached an agreement with the rendering plant to help correct bad smells last October. However, individuals are still complaining about the plant odors and the City Council has been dealing with the issue for ten years. In closing he stated that "this is what's happening in Laurens County, guess it couldn't happen in Hart County".

 

  1. Consent Agenda

        Davis, Moore, Trimble 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)                  Lease for Master Gardeners at New Recreation Park

 

Interim Administrator Caime reported that the Master Gardeners are developing a botanical garden area at the New Recreation Park.

 

County Attorney Gordon reported that he does not have the lease agreement drafted. He stated that a portion of the recreation property was purchased with grant funds of which have limitations of use. However, he felt that a botanical garden would fall into the guidelines without restricting the guidelines.

 

Commissioner Oglesby entertained a motion to reaffirm the Master Gardeners efforts with the development of the botanical garden. Commissioner Reyen provided a second to the motion. The motion carried 5-0.

 

b)                  Third and final Reading to Amend Chapter 6, Alcoholic Beverages Ordinance (Fees)

Attorney Gordon read the 3rd and final reading to the amendment. He reported that the amendment takes out the fee and sets up a fee schedule that can be changed by the Board without amending the local ordinance.

 

Commissioner Reyen entertained a motion to adopt the amendment to Chapter 6, Alcoholic Beverages Ordinance. Commissioner Carter provided a second to the motion. The motion carried 5-0.

 

c)                  Discussion on Fees Resolution††

Attorney Gordon reported that he would further research the Class "C" license and suggested that the fee remain at $100.

 

Commissioner Oglesby entertained a motion to leave the fee schedule for beer and wine license at $1200 for Class "A" and $500 for Class "B". Commissioner Dorsey provided a second to the motion.

 

Commissioner Reyen remarked that he felt the license fee should be $500 for Class "A" and $1200 for Class "B".

 

Donald Powell, Quarter Master for the VFW, asked the Board to reconsider the amount for Class "A" license. He said the VFW doesn't make much money and they are trying to expand the number of members.

 

Ronnie Singleton suggested that the fee should be lower for the Class "A" license than the Class "B".

 

Linda Caudell, owner of Jolin's Fish House, stated that $1,200 fee is a lot for a Class "A" license. She asked the board to reconsider not raising the fee.

 

Chairman Banister called for a vote. The vote carried 3-2 to leave the fee schedule as is. Commissioners Reyen and Carter opposed.

 

Commissioner Dorsey voiced his concern about charging individuals for building permits since the county does not provide a service for inspections.

 

Commissioner Oglesby entertained a motion to delete the Building Permit fee and the mobile home transport fee. Commissioner Dorsey provided a second to the motion.

 

Commissioner Carter asked what kind of service the county provides for mobile home transportation permits. Commissioner Dorsey responded that it is a record of what is coming into the county. Also, provides information whether mobile homes coming into the county are within compliance with the county ordinance.

 

Commissioner Carter also remarked if the county removes the building permit fee that the mobile home transportation permit fee should be removed also.

 

Commissioner Reyen entertained a motion to table the matter until further review. Commissioner Carter provided a second to the motion. The motion carried 3-2. (Commissioners Dorsey and Oglesby opposed)

 

d)                  Repeal of Chapter 34 Soil & Erosion Control Ordinance 2nd reading

Commissioner Reyen expressed his concern that the county may be moving to fast to repeal the Soil & Erosion Control Ordinance.

 

Chairman Banister remarked that the most the county can do is to enforce State regulations.

 

Commissioner Carter questioned why the county would need to repeal the ordinance.

 

Interim Administrator Caime explained that the board voted to turn the enforcement of the ordinance over to the State. Adding that the State regulations are changing and the county would have to hire additional staff to regulate it.

After discussing the matter at length, Commissioner Oglesby entertained a motion to accept the 2nd reading of the ordinance. Commissioner Dorsey provided a second to the motion. The motion carried 4-1. (Commissioner Reyen opposed)

 

  1. New Business

a)      removed from the agenda

 

b)      Bid award - Solid Waste Loader

Interim Administrator Caime announced that the county received three bids for the Caterpillar IT28G loader as follows:

        Thompson††††††††††††††††††† $132,109.84

        Blanchard†††††††††††††††††††† $133,793.00

        Yancey Bro. ††† $117,300.00

Commissioner Oglesby entertained a motion to accept Yancey Brothers bid of $117,300. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

c)      Discussion on Pending Environmental Regulations

No action was taken.

 

d)      Assessors Education Budget Amendment

Commissioner Oglesby entertained a motion to amend the Tax Assessors Education line budget to allow them funding for State required education. Commissioner Dorsey provided a second to the motion. The motion carried 4-0. (Commissioner Reyen was not available during the vote)

 

e)      Discussion on Performance Standards Regulation-Landfills

Attorney Gordon suggested the board strongly consider regulating development of future landfills.

 

Commissioner Carter asked for a clarification of the Performance Standards Regulations. Interim Administrator Caime explained that the generic ordinance would include existing ordinances pertaining to land development, mobile homes, adult entertainment and any future ordinances that would involve land development.

 

Commissioner Reyen remarked that the board can "sit here and do nothing and leave the county wide open". He remarked that the county needs some kind of mechanism to protect the environment we have.

 

County resident Martha Morris remarked that odors from a chicken house in the Sardis area are a problem.She said that one of everything is what we will get if wait to act until after a problem exists in the county.She urged the Commission to move forward to regulations.

 

Chairman Banister remarked that if landfills issues are a problem it would be better to deal with beforehand.

 

Commissioner Reyen entertained a motion to direct Interim Administrator Caime to look into developing an ordinance to restrict landfills. Commissioner Carter provided a second to the motion. The motion carried 5-0.

 

Commissioner Reyen entertained a motion to locate someone with expertise to address the Performance Standards Ordinance. Commissioner Carter provided a second to the motion.The motion carried 5-0.

 

††††††††††† f.††††††††† Change Order Gateway Industrial Park Phase I

 

Commissioner Dorsey suggested contacting Franklin County to inform them of the increase in funding the project.

 

Attorney Gordon remarked that there is an Intergovernmental Agreement between Hart and Franklin County that explains their participation in the project.

 

Commissioner Oglesby entertained a motion to approve the change order to funds $76,000 for additional stone in the roadbed for the Gateway Industrial Park roads. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

††††††††††† g.†††††††† Budget Amendment Fire Department Grant Funds

Commissioner Oglesby entertained a motion to adopt the budget amendment. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

††††††††††† h.†††††††† Variance request Dundee Lane

Charlie Powell from Re/Max Select represented Wayne Cain for the variance request on Dundee Lane. He reported that Julian Eaton owns property adjoining Wayne Cain's property on Dundee Lane. He said that presently there is a twenty foot private road easement across Mr. Eaton's property to access Mr. Cain's property. He reported that Mr. Cain has offered on several occasions to purchase a sixty-foot right-of-way from Mr. Eaton and has not been successful. He also reported that he has offered on several occasions to purchase Mr. Eaton entire property for twice the appraised value.Mr. Cain is going to develop the property including the proper road right of way andpavement as required by the Subdivision Ordinance for the property they own but have no control over Mr. Eatonís property.Mr. Cain stated that the subdivision roads are to be private roads and are not intended to be turned over for County maintenance.Therefore, Mr. Cain is requesting approval of a variance from Chapter 46 of the county ordinance with respect to development off an easement.

 

Commissioner Dorsey entertained a motion to accept the variance request on Dundee Lane as a private road. Commissioner Oglesby entertained a second to the motion. The motion carried 5-0.

 

††††††††††† i.††††††††† Ambulance Remount Bid

EMS/EMA Director Terrell Partain reported that he sent the bid specs to three vendors for the ambulance remount. However, the only company that responded was Innovative Coachworks Inc of Huntsville, Alabama at $59,732.

 

Commissioner Oglesby entertained a motion to accept Innovative Coachworks bid of $59,732. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

  1. Public Comment

Buddy Groover remarked that he wrote a letter to the Board in August and requested placing education taxes for senior citizens on the meeting agenda for discussion. He remarked that he did not get a response for his request.

 

Mr. Groover presented a several petitions that had 293 signatures and requesting the Board of Commissioners to do whatever is necessary to exempt senior citizens 65 and older and those 100% disabled from all school taxes on their homestead.

 

Chairman Banister remarked that exempting senior citizens from school taxes would not automatically decrease school spending but would probably only increase the tax burden on the remaining taxpayers. Mr. Groover responded that working individuals have the ability to pay.

 

Mr. Groover said that he went to the Board of Education to discuss the matter and was told they do not collect taxes but that the Board of Commissioners made that decision.

 

Richard Manning said he lives totally on Social Security and was not informed about homestead exemption until some time after he purchased his home. However, he has been paying increased taxes without the exemption and it will take several years before he can see the results of the exemption. He added that the Board of Education does not collect taxes the county does. He asked the commissioners to do something to give individuals on fixed Social Security income relief from high taxes.

 

Ronnie Singleton asked if the road sealing projects are a permanent or temporary fix.

 

Chairman Banister responded that the county does not have the funds to resurface existing roads and sealing the roads keeps them from further deterioration.

 

Commissioner Oglesby remarked that DOT funding has decreased over the past several years.

 

  1. Executive Session

None

 

  1. Adjournment

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

 

 

 

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Randy D. Banister, Chairman††††††††††††††††††††††††††† Lawana Kahn, County Clerk