Hart County Board of Commissioners

November 25th, 2003

7:00 p.m.

 

The Hart County Board of Commissioners met November 25th, 2003 at 7:00 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 at 7:00 p.m.

 

  1. Welcome

Chairman Banister welcomed those in attendance.

 

  1. Prayer

Chairman Banister opened with 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 New Business items

d)                  Board of Equalization funding

e)                  Country Lane to the county road inventory

f)                    Discussion - Christmas Holidays

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

 

  1. Approve Minutes of Previous Meeting(s)

11/11/03 Regular Meeting

Commissioner Oglesby entertained a motion to approve the minutes of the meeting held November 11th, 2003, pending review of the video tape. 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 the Board will have to make appointments to the North Georgia Regional Health Service Board.  In addition, the Board will need to make an appointment to the Board of Tax Assessors by December 31st, 2003.

 

  1. Chairman's Report

Chairman Banister announced that if anyone was interested in serving on the Board of Tax Assessors to inform the Administrative office.

 

  1. Commissioners' Reports

Commissioner Reyen referred to an article in the Anderson Independent concerning to a study of the City of Toccoa and Stephens County on attracting more industry.

 

He commented that Hart County will be in the process of updating the current Comprehensive Land Use Plan and needs to be serious thought put into the plan.

Commissioner Carter commented that in a recent article in the Hartwell Sun that he is for zoning. He said that he is not for zoning in a conventional way. However, the county needs something in place to keep it from becoming a dumping ground.

 

  1. Consent Agenda
    • Carruth Subdivision
    • Smith Subdivision

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)      Recreation-Basketball Gate Fees & Scholarship

After discussing the proposed gate fee schedule, Commissioner Dorsey entertained a motion not to charge a gate fee. Commissioner Oglesby provided a second to the motion. The motion failed 2-3 (Chairman Banister, Commissioner Reyen and Carter opposed).

 

Commissioner Reyen entertained a motion to adopt the gate fee schedule. Commissioner Carter provided a second to the motion. The motion carried 3-2 (Commissioners Oglesby and Dorsey opposed).

 

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

 

b)      Lease for Master Gardeners at New Recreation Park

No action was taken.

 

c)      Discussion on Fees Resolution-Remaining Fees

After discussing the various fees, Commissioner Carter entertained a motion to adopt the fee schedule. Commissioner Reyen provided a second to the motion.

 

County resident Kenneth Hodges remarked that the public was not a part of the building permit fee adoption in 1991.

 

County Attorney Walter Gordon remarked that the Building Permit Ordinance was adopted in December 1991 and has been amended in July 1992 and November 1997 at public meetings.

 

The motion carried 3-2 (Commissioners Oglesby and Dorsey opposed). The Fees Resolution is recorded in the minutes book.

 

d)      Repeal of Chapter 34 Soil and Erosion Control Ordinance 3rd and final reading

Commissioner Oglesby entertained a motion to adopt the ordinance. Commissioner Dorsey provided a second to the motion. The motion carried 3-2 (Commissioners Reyen and Carter opposed).

 

e)      Discussion on Unified Development Codes

No action was taken.

 

f)        Discussion on Pending Environmental Regulations

Commissioner Oglesby entertained a motion to provide a version of the Environmental Regulations to the Department of Community Affairs for review prior to February 28th, 2004 adoption schedule. Commissioner Dorsey provided a second to the motion.

 

Commissioner Carter voiced concerns about the criteria of the twenty-five percent rule regarding impermeable surface.

 

Commissioner Reyen voiced his concern over whose responsibility it is to conduct the review to make sure developers are in compliance with the ordinances. Interim Administrator Caime responded that he will be reviewing the permit applications for subdivisions.

 

Interim Administrator Caime remarked that the county will have to adopt the ordinances in order to be eligible for various grants from the State and Federal governments.

 

Chairman Banister added that the State is forcing the county to adopt the ordinances. He called for a vote. The vote carried 5-0.

 

g)      Performance Standards Regulations - Landfills

Interim Administrator Caime presented an outline for developing a Landfill Performance Standards Regulation.

 

Chairman Banister announced that a summary of the document is available for the public.

 

No action was taken.

 

  1. New Business

a)      Bid Award - Fire Department Turn Out Gear

Interim Administrator Caime reported that a proposal to seek bids for the Turn Out Gear was not advertised in the local newspaper.

 

Commissioner Oglesby entertained a motion to waive the advertisement requirement and accept Bennett Fire Products Co. bid for thirty sets of turn out gear in the amount of $34,260. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

b)      Bush Hog Contract Extension Discussion

Administrator Caime discussed that for about 5 years Hart County has contracted bush hog services for our roads.  In the past when the Hart County roads department bush hogged the roads, the right of way was cut to pasture fence lines and the edge of the known right of ways.  Contracting this service only cuts a limited amount of right of way and will result in substantial future costs to clear the right of way in the future.  An assessment will be made in the coming months to evaluate discontinuing the contracting of this service and having the roads department provide this service with additional resources.

 

After discussing the issue, Commissioner Oglesby entertained a motion to extend the bush hog contract with Randal Rowland for an additional one year period at the same cost for 2003. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

c)      Approval of Budget Amendment Resolution 2004-6&7 (Behavioral Health Bldg.)

Commissioner Oglesby entertained a motion to adopt the budget amendment to fund expenses that were incurred in FY04 for the construction of the Behavioral Health Building. Commissioner Dorsey provided a second to the motion. The motion carried 5-0. The resolution is recorded in the minutes book.

 

d)      Discussion on Board of Equalization funding

Commissioner Reyen entertained a motion to fund $900 for secretarial support for the Board of Equalization. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

e)      Addition of Country Lane to the road inventory

Commissioner Oglesby entertained a motion to require the developer to provide results of a core test before adopting Country Lane into the county road inventory. Commissioner Dorsey provided a second to the motion. Commissioner Dorsey remarked that the county does not any  record of the depth of base and thickness of asphalt on Country Lane. He said that other developers in the same situation have had to core roads to determine the thickness of the base and asphalt. The motion carried 5-0.

 

f)        Discussion - Christmas Holidays

County elected officials in the courthouse and annex requested that in lieu of the Christmas luncheon that the board grants employees an additional holiday Friday, December 26th, 2003.

 

Commissioner Reyen entertained a motion to forego the Christmas luncheon and grant an additional holiday for December 26th based on input from other county offices. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.

 

  1. Public Comment

Buddy Groover requested that the board take action on his recent request to do whatever is necessary to exempt senior citizens 65 and older and those who are 100% disabled from all school taxes on their homestead.

 

Commissioner Reyen entertained a motion to call for a Work Session to discuss alternative motives of taxation. Commissioner Carter provided a second to the motion.

 

Commissioner Carter asked if the County Administrator could be directed to do an impact study on the results of exempting senior citizens from all school taxes.

 

Chairman Banister remarked that it would make a tremendous impact on working class families if senior citizens were exempt from school taxes.

 

Commissioner Dorsey remarked that according to the 2000 US Census data that Hart County is becoming a retirement community.

 

Trenton Parker remarked that his property taxes have tripled and questioned where the Board of Education members get their authority to raise taxes. Chairman Banister responded that the Board of Commissioners does not have the authority to deny the Board of Education's Millage rate.

 

Commissioner Reyen remarked that he is in favor of discussing the issue in a work session. However, if senior citizens were exempt from school taxes the burden would be passed on to the remainder of tax payers.

 

Harry Crews of Spears Circle requested that blacktop for Spears Circle. He remarked that the road is full of potholes and causes a great deal of pain for his wife who has terminal cancer when they have to travel in and out.

 

Guy King remarked that there should be some kind of study done to help individuals out with increases in property taxes.

 

Herb Emmel requested a curve road sign warning on the north bound side of New Prospect Road.

 

Kenneth Hodges requested that the board put a hold on funds designated for the Downtown Development Authority until their Executive Director drops a criminal complaint she filed against a taxpayer, who requested information under the "Open Records Act", nor enter into any other agreement with the DDA until the Executive Director has either made restitution agreeable with the taxpayer or until the Executive Director is terminated or resigns from the position.

 

Chairman Banister called for a vote for the motion for a Work Session. The vote carried 5-0.

 

Commissioner Carter remarked that the county should rectify the situation it created on Kings Bench.

 

Commissioner Oglesby remarked that the county fixed the road and it was inspected and approved by the Department of Transportation.

 

Commissioner Dorsey remarked that the portion of Kings Bench that Commissioner Carter is referring to was never paved. He stated that Mr. Savage built his house two years after the road work was done to remove the cul-de-sac. He added that the county would be setting a precedence if they put the section of the road back in to meet Mr. Savage's driveway.

 

Commissioner Carter responded that the road should be put back as it was originally laid out and that he would be willing to use some of the SPLOST funds that are designated for District Four to do the work.

 

Commissioner Oglesby entertained a motion that Kings Bench remain as it is today. Commissioner Dorsey provided a second to the motion.

 

Commissioner Carter questioned why aprons were installed on Howard Road in District Five. Commissioner Dorsey responded that the aprons were installed due to safety issues.

 

After discussing the matter, Chairman Banister called for a vote to leave Kings Bench as is. The vote carried 3-2. (Commissioner Reyen and Carter opposed).

 

  1. Executive Session

None

 

  1. Adjournment

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

 

 

 

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Randy D. Banister, Chairman                            Lawana Kahn, County Clerk