Hart County Board of Commissioners

February 24th, 2004

7:00 p.m.

The Hart County Board of Commissioners met February 24th, 2004 at 7:00 p.m. in the Hart Administrative & Emergency Services Center.

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

  1. Call to Order

Chairman Reyen called the meeting to order.

  1. Welcome

Chairman Reyen welcomed those in attendance.

  1. Prayer

Commissioner 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 approve the agenda as amended.

Old Business

      Add item b) Master Gardeners Lease-Botanical Garden

New Business

      Add item j) Budget Amendment - Juvenile Judges expense

                       k) Road Department - Pipe Bid

                       l)  VFW Beer & Wine License

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

  1. Approve Minutes of the Previous Meeting(s)

Commissioner Oglesby entertained a motion to approve the minutes of the meetings held February 10th, and February 17th, 2004. Commissioner Banister 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 reported that the Downtown Development Authority is requesting use of the courthouse grounds in September.

No action was taken.

  1. Chairman's Report

Chairman Reyen reported that the county's share of expenses for the GA. Mtns. RDC annual meeting will be between $125-$130.

  1. Commissioners' Reports

Commissioner Dorsey entertained a motion to draft a letter to the State Representative & Senator supporting HB1295. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.

  1. Consent Agenda

None

  1. Old Business

a)                  First Reading Landfill Ordinance

County Attorney Walter Gordon explained the contents of the proposed Landfill Ordinance. He urged the commissioners to support HB1284, which will amend the Solid Waste Management Act.

Chairman Reyen stated that a lot of people have expressed concern about litter along highways around a landfill site. Attorney Gordon stated that the DOT requires trucks hauling refuge to landfill sites adhere to the state laws. He also stated that owners of landfill sites could be required to police all major highways into the facility and clean up debris.

Commissioner Carter expressed concern that the proposed ordinance did not address water supply watershed areas.

Marty Swafford questioned where a landfill is proposed in Hart County. Attorney Gordon explained that there are cities and towns up and down the East Coast that transfers trash to landfills in the south and that there will be a greater need for additional landfills in the future. He reported that there is not a proposal for a landfill site in the county.

Chairman Reyen entertained a motion to adopt the reading of the proposed ordinance as the First Reading. Commissioner Carter provided a second to the motion. The motion carried 5-0.

Chairman Reyen entertained a motion to draft a letter to the State Representative & State Senator supporting HB1284. Commissioner Carter provided a second to the motion. The motion carried 5-0.

b)                  Master Gardeners Lease-Botanical Garden & Nature Trail

Attorney Gordon explained that the property conveyed by the lease consists of 6.17 acres at the new Recreation Facility site. He said that the terms of the lease will be twenty years and thereafter renewable every ten years.

Commissioner Oglesby entertained a motion to enter into a lease agreement with the Master Gardeners. Commissioner Carter provided a second to the motion. The motion carried 5-0. The lease agreement is recorded in the official minutes book.

  1. New Business

a)      SPLOST II 2004 Spending Plan

Interim Administrator Caime presented the SPLOST II 2004 spending plan. He recommended that the General Fund fund balance purchase two new fire trucks rather than entering into a lease purchase. He said that the county could save approximately $40-50,000 in interest fees. He also recommended that repayment of the borrowed funds be a high priority for the SPLOST II FY05.

Commissioner Oglesby entertained a motion to allocate $101,768 of SPLOST II funds to the City of Hartwell for their water line project. Commissioner Banister provided a second to th e motion.

Commissioner Dorsey requested that the City present a detailed budget request prior to the 2005 budget work sessions.

Commissioner Carter emphasized paying back the General Fund as soon as the funds are available.

Commissioner Banister entertained a motion to accept the 2004 SPLOST II spending plan as presented and high priority to pay back General Fund in budget year 2005 for a loan to purchase fire trucks. Commissioner Oglesby provided a second to the motion.

Chairman Reyen remarked that the board should use caution in borrowing from the county's general fund reserve.

Chairman Reyen called for a vote. The vote carried 5-0.

b)      Road Paving & Projects 2004

Interim Administrator Caime presented the proposed first time tar and gravel road paving projects (as approved by the Board during a November work session) for 2004 with a recommended budget of $150,000 from SPLOST I funds and $120,000 from SPLOST II funds.

Commissioner Carter voiced his concern with following the county ordinance in reference to forty-foot right-of-way. He suggested that the county pursue acquiring the right-of-way prior to paving. Chairman Reyen remarked that some existing county roads do not have the required right-of-way.

Attorney Gordon iterated that there are established county roads without recorded right-of-ways.

Joel Moore recommended that the board adhere to the county's written policies and ordinances and to be consistent with their decision making.

Marty Swafford presented a petition against paving Page Road. She said residents on Page Road would appreciate notification of what the county's intentions are prior to beginning road work. Ms. Swafford also requested that the county post 35mph, no truck traffic, children at play, blind drive and horses signs to protec t the neighborhood.

Ms. Swafford commended the Road Department employees for their efforts.

David Craft said he did not oppose paving Page Road.

Commissioner Carter remarked that he firmly believes that the county should acquire the 40' r-o-w. Adding, that he can not push an individual to follow the county ordinance if the commissioners don't adhere to it.

Chairman Reyen called for a vote. The vote carried 4-1 (Commissioner Carter opposed).

Chairman Reyen entertained a motion to put out resurfacing of asphalt paved roads for bid. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.

c)      Final Implementation Plan for New Recreation Park

Interim Administrator Caime presented the final implementation plan for the New Recreation Park as follows:

1.      Widen Elberton Highway ($90,000)

2.      Multi-Use Building Construction ($150,000)

3.      Remaining Construction ($405,000)

·        Utility relocation Elberton Hwy ($18,000)

·        Installation of well ($10,000)

·        Phase 1b(ballpark) go to bid

Commissioner Dorsey remarked that the county should petition the City of Hartwell to annex the park into the city, which would ease future concern for law enforcement.

Gary Cobb asked if the county hired an architect to design the Multi-Use Facility. Interim Administrator Caime responded that the county has already acquired a design for the facility.

Commissioner Banister entertained a motion to accept the suggested 2004 actions and the budget for the project. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

d)      Ray Lewis Chief Registrar - Request for supplemental funding

Chief Registrar Ray Lewis requested additional funding to cover wages for added election days worked by the Registrars, redistricting the county, maintain a full-time clerk and proper training for all board members and office clerk.

Commissioner Dorsey entertained a motion to make the clerk's position seasonal full-time during the election season and two weeks following an election; 260 days for the registrars during the election season. Commissioner Oglesby provided a second to the motion. The motion failed 2-3 (Chairman Reyen, Commissioners Banister and Carter opposed).

Commissioner Oglesby entertained a motion to table the issue and come back with a plan. Commissioner Carter provided a second to the motion. Motion did not carry.

Commissioner Banister entertained a motion to provide funding for the clerk during election season. Chairman Reyen provided a second to the motion. The motion carried 3-2 (Commissioners Oglesby and Dorsey opposed).

Commissioner Dorsey entertained a motion to fund the Registrars two per day for ten days at $61/day for the Chief Registrar; $48/day for the other registrar and to discuss further compensation on March 9th meeting. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.

e)      Hart Haven Request for Assistance in removing damaged carport

Gary Cobb requested the county demolish the carport and remove the debris from the Hart Haven Shelter.

Commissioner Dorsey asked if the bricks would have to be removed also. Mr. Cobb responded that the bricks should be removed as part of the project.

Commissioner Oglesby entertained a motion to put the project on the work schedule. Commissioner Banister provided a second to the motion. The motion carried 5-0.

f)        Request to Bid Trash Bags

Commissioner Oglesby entertained a motion to put trash bags out for bid. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

g)      Discussion on Road Department Equipment Needs

Commissioner Oglesby entertained a motion to table the chip spreader. Chairman Reyen provided a second to the motion. The motion carried 5-0.

Commissioner Oglesby entertained a motion to put out for bid the tandem truck. Commissioner Carter provided a second to the motion. The motion carried 5-0.

h)      Request to Seal Bid Used Vehicles

Commissioner Oglesby entertained a motion to declare the following surplus and receive sealed bids. (4 used crown victorias, 1 used van, 1 used cavalier). Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

i)        Jail Food Bids

Commissioner Oglesby entertained a motion to stay with Tater House. Commissioner Dorsey provided a second to the motion.

Commissioner Banister remarked that there had been complaints at one time with Tater House.

Chairman Reyen stated that he has reviewed violations with the Health Department for Tater House. He said that Mary's Kitchen has received minor infractions and Tater House has received major infractions, according to the historical records at the Health Department.

Commissioner Dorsey remarked that when the bids went out before Our Daily Bread was awarded the low bid and "it was a nightmare".

The vote failed 2-3 (Chairman Reyen, Commissioners Banister and Carter opposed).

Chairman Reyen entertained a motion to award the bid to Mary's Kitchen. Commissioner Banister provided a second to the motion. The motion carried 3-2 (Commissioners Oglesby and Dorsey opposed).

Chairman Reyen entertained a motion that Mary's Kitchen beginning serving meals to the inmates March 15th, 2004. Commissioner Banister provided a second to the motion. The motion carried 3-2 (Commissioners Oglesby and Dorsey opposed).

j)        Budget Amendment - Juvenile Judges(Superior Court)

Commissioner Banister entertained a motion to amend the Superior Court budget to fund the shared FICA and insurance expense for the Juvenile Judge to Oglethorpe County. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.

k)      Road Department Pipe Bid

Interim Administrator Caime reported that Cherokee Culvert backed out of their proposal to provide pipe to the Road Department due to increases in steel prices.   He further explained that he offered the remaining pipe contract to the other two bidders.  SE Culvert provided negotiated prices which the other bidder (Contech) refused to match or beat.

Commissioner Carter entertained a motion to award the remaining contract work at the negotiated rates to SE Culvert. Commissioner Banister provided a second to the motion. The motion carried 5-0.

l)        VFW Beer & Wine License

Donald Powell, VFW Quartermaster, surrendered the VFW's Beer & Wine License. He stated that there were several legal infractions and he did not want to be responsible for what's going on at the VFW. He presented the board with a page and half of sequence of events that has taken place since January 21st, 2004 at the VFW.

Mr. Powell read a statement from D. Alan Swanner concerning a statement that the bartender made on New Year's Eve that the canteen has mixed drinks for sale and the bottles were kept in the post home; the bartender has been drinking on the job; the bartender was in a drunken state and was allowed to stay overnight inside the canteen.

Mr. Powell also remarked that he has tried to address the problems but his superior informed him that he did not have the authority to do so.

Commissioner Oglesby stopped Mr. Powell from further comment and stated that a hearing may be in order.

Chairman Reyen entertained a motion to accept Mr. Powell's request to surrender the license. Commissioner Banister provided a second to the motion.

Attorney Gordon remarked that if the VFW wishes to challenge the action of the Board a hearing would be scheduled to hear evidence.

Interim Administrator Caime was directed to notify the VFW that they no longer have a valid Beer & Wine license to operate in the county.

Chairman Reyen called for a vote. The vote carried 5-0.

  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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Daniel Reyen, Chairman                                    Lawana Kahn, County Clerk