Hart County Board of Commissioners
March 9th, 2004
The Hart County Board of Commissioners met March 9th, 2004 at 5:30 p.m. in the Hart County 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.
Chairman Reyen welcomed those in attendance.
Commissioner Banister offered prayer.
4. Pledge of Allegiance
Everyone stood in observance of the Pledge of Allegiance.
5. Approve Agenda
Commissioner Banister entertained a motion to amend and approve the meeting agenda as follows:
Remarks by Invited Guests,Committees,Authorities
Add Peggy Vickery and Daryl Snyder
Commissioner Carter provided a second to the motion. The motion carried 5-0.
6. Approve Minutes of Previous Meeting(s)
· 2/24/04 Regular Meeting
Commissioner Oglesby entertained a motion to approve the minutes of the meeting held February 24th, 2004 as amended. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
7. Remarks by Invited Guests, Committees, Authorities
Daryl Snyder, representing the Chamber of Commerce, invited the commissioners to a proposed work shop to discuss the county's Comprehensive Land Use Plan in conjunction with the City of Hartwell. He remarked that the three and one-half hour meeting is scheduled April 21st, 2004.
Chamber President Peggy Vickery encouraged the commissioners to form a citizens group or ask input from the county citizens concerning the Land Use Plan.
8. Reports by Constitutional Officers & Department Heads
County Attorney Walter Gordon reported that the ACCG has asked him to serve on a Legislative Review Committee, which would be on a volunteer basis. He also reported that he has been selected to serve on a committee to nominate an individual for the Northern Judicial Circuit Public Defender System.
Attorney Gordon reported that there has not been any activity on HB1284 and HB1295 passed the House of Representatives and is pending in the Senate.
9. County Administrator's Report
Interim Administrator Caime reported that the Administrative office has received one response from the ad for the Board of Tax Assessors.
The consensus of the commissioners was to run the ad one additional time and place the appointment for the position on the first meeting in April's agenda.
He also reported the following as a matter for the minutes:
· The commissioners agreed via telephone conversation individually to purchase the used chip spreader for the Road Department.
· $25,000 has been raised by a grass roots committee to study what to do with the existing courthouse.
· The County has obtained 50 foot of right-of-way on E&M Dairy Road and will begin clearing the shoulders to improve safety on this heavily traveled road..
Commissioner Carter asked if the Department of Community Affairs has been contacted concerning the study for the courthouse. Administrator Caime reported that the grass roots committee has solicited the help of UGA and the DCA.
Commissioner Banister entertained a motion to adopt the resolution to purchase the used chip spreader. Commissioner Carter provided a second to the motion. The motion carried 5-0.
10. Chairman's Report
Chairman Reyen stated that it has come to his attention that he did not recognize all the commissioners that attended the Eggs & Issues Breakfast. He explained that he saw two commissioners in attendance and did not realize that one other commissioner was there also.
Chairman Reyen requested that the commissioners consider adopting a policy regarding contracts.
Commissioner Dorsey remarked that the length of a contract should be placed in bid packages.
11. Commissioners' Reports
Commissioner Carter stated that he has received calls from residents inquiring about the Highway 77 water line project.
Attorney Gordon reported that the Water & Sewer Authority will hand deliver a letter to the residents in the area to inform them about the water line project.
Commissioner Carter asked where the remainder of the compensation for the volunteer fire fighters stood. IA Caime responded that he audited the pay and so far two stations have responded approving the revised audited pay amounts. These two stations have been issued additional pay where the audit revealed underpayment initially.
Commissioner Carter directed IA Caime to contact the other fire stations and get the issue resolved. He also directed him to make sure the two full time fire fighters understand the compensation regarding overtime.
Commissioner Dorsey remarked that he did not agree to the with the emergency response policy for the Roads personnel. He said his concern is that the Road Department personnel are required to be on call seven days a week twenty four hours a day without compensation. IA Caime explained that the county does not have a formal policy however; someone needs to respond in case of emergencies.
The commissioners agreed to a Work Session to discuss the matter.
12. Consent Agenda
13. Old Business
a. Second Reading Landfill Ordinance
Attorney Gordon conducted the Second Reading of the Landfill Ordinance.
After discussing the proposed Landfill Ordinance, Commissioner Oglesby entertained a motion to accept the second reading of the ordinance. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
b. VFW Beer and Wine License Discussion
VFW Commander Jerry Teasley remarked that he was not aware that Donald Powell (the name the license was issued under) was going to surrender the VFW's beer and wine license. He said the club depends on the sale from beer and wine to function and that they sponsor events for the community.
Commissioner Oglesby entertained a motion to allow another individual from the VFW to make application; reduce the number of waiting days to 14; acquire a criminal history report from the Sheriff's office; waive the $1,200 license fee; and hold a hearing to make a final decision. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to hold a hearing March 22nd, 2004 at 5:30 p.m.; allow the applicant to advertise in the local paper 1 week. Commissioner Banister provided a second to the motion. The motion carried 5-0.
14. New Business
a. Personnel Request-Chief Appraiser Margaret Crossley
Ms. Crossley presented a request for an employee to take a leave of absence without pay beginning April 16th thru July 30th, 2004 to seek the office of the Tax Commissioner.
Commissioner Oglesby entertained a motion to grant the leave request. Commissioner Dorsey provided a second to the motion.
Commissioner Carter and Commissioner Banister agreed that the request should be submitted to the Board of Tax Assessors for approval prior to being submitted to the Board of Commissioners.
Ms. Crossley said she is responsible for the operation and functioning of the county property appraisal staff.
Chairman Reyen remarked that the Board of Tax Assessors needs to approve the request for the leave of absence.
Commissioner Oglesby entertained a motion to grant the leave request providing the Board of Tax Assessors agrees. Commissioner Dorsey provided a second to the motion. The motion failed 2-3 (Chairman Reyen, Commissioners Banister and Carter opposed).
b. Lawn Care Bids
Commissioner Oglesby entertained a motion to award the bid to R&R Lawn Care. Commissioner Banister provided a second to the motion. The motion carried 5-0.
c. Ray Lewis Chief Registrar-Request for supplemental funding
Mr. Lewis requested additional funding for each Registrar during this year's elections. He stated that he is requiring two people to be in the office during election time to accommodate voters; added funds for redistricting and maintain a full-time clerk.
Chairman Reyen entertained a motion to fund the Board of Registrars 251 days of time to be used from March 9th through November 30th, 2004; as of December 1st, 2004 to members will be compensated at the monthly State minimum; and the full time clerk will return to part time status. Commissioner Banister provided a second to the motion. The motion carried 5-0.
Commissioner Banister entertained a motion that Registrar Mauldin will be compensated at a per diem rate equal to her current monthly rate divided by five days for the first five days worked during the month and paid the State minimum ($48 per day) for time worked beyond five days each month. Chairman Reyen provided a second to the motion. The motion carried 5-0.
d. Jail Food Length of Contract
Chairman Reyen explained that the inmate meals bid was awarded at the previous meeting to Mary’s Kitchen and he discussed the length of the contract with IA Caime. He stated that he informed IA Caime to contract with Mary’s Kitchen for a two-year term. He said the current vendor has provided meals to the jail for at least thirty-one months without a contract.
Chairman Reyen entertained a motion to award a contract with Mary’s Kitchen beginning March 15th, 2004 and ending December 31st 2004, with a one year extension automatically applied to the contract to expire December 31, 2005. Contract will be at the unit costs submitted with the bid.
Commissioner Dorsey remarked that a contract was not part of the bid specs and since Mary’s Kitchen bid included a $1.00 surcharge for diabetic meals they would not be the low bidder. He stated that the current vendor is not required to show proof of workers compensation or liability insurance. He also remarked that the Chairman does not have the authority to authorize the length of any contracts.
Commissioner Carter remarked that a contract legally protects the county. Commissioner Oglesby remarked that Mary’s Kitchen should be given a twelve-month contract and the commissioners would review it after then.
Chairman Reyen remarked that the current vendor has had the inmate meals for several years.
Commissioner Banister provided a second to the motion.
Commissioner Carter asked Mrs. Hinson if she would be willing to mark off the $1.00 surcharge for the diabetic meals if the contract is extended to 21 ˝ months.
Commissioner Dorsey stated that state law requires the county to provide three meals a day to diabetics.
Mrs. Hinson explained that diabetics could sign a waiver if they did not want a diabetic meal and they would be served the same meal as the other inmates.
Tommy Hinson remarked that he worked at the jail facility for 5 ˝ years and some diabetics signed waivers at that time.
Chairman Reyen called for the vote. The vote carried 3-2 (Commissioners Oglesby and Dorsey opposed).
e. Discussion-Code Enforcement Officer
IA Caime explained that the prior Codes Enforcement Officer was a full time position costing the County approximately $35,000 annually. In May of 2003 the full time Code Enforcement Officer resigned and the County has not filled this position since then.
Commissioner Dorsey remarked that the several of the county’s ordinances are not being enforced and that the position should be filled on a part time status.
The matter will be discussed at a work session.
f. Tracy Blackwell/BSC Pantry Beer & Wine License
Commissioner Oglesby entertained a motion to approve Ms. Blackwell’s beer and wine license application. Commissioner Carter provided a second to the motion. The motion carried 5-0.
15. Public Comment
David Hill, resident of Beaverdam Road, requested that the county repair his pickup truck that was damaged due to his opinion that the county neglected to maintain the road. He reported that his son was driving the pickup truck and he ran off the road because it was flooded.
EMS/EMA Director Partain reported that the county’s insurance carrier denied the claim.
Commissioner Carter remarked that in the past individuals complained about damages to their vehicles due to potholes and no compensation was given to them. Commissioner Banister remarked that if it were in the same situation it would be his responsibility and not the county’s.
Commissioner Dorsey remarked that it is the county’s liability to repair Mr. Hill’s vehicle.
Director Partain reported that the fair market value for the pickup is $675 according to the Kelly blue book. IA Caime added that the county’s deductible is $1,000 per occurrence.
Commissioner Dorsey entertained a motion to award Mr. Hill $675 for the value of the pickup truck. Commissioner Oglesby provided a second to the motion. The motion carried 3-2 (Commissioners Banister and Carter opposed).
16. Executive Session
Commissioner Oglesby entertained a motion to adjourn the meeting. Commissioner Banister provided a second to the motion. The motion carried 5-0.
Daniel W. Reyen, Commissioner Lawana Kahn, County Clerk