Hart County Board of Commissioners

December 29th, 2000

Called Meeting

5:00 p.m.

 

The Hart County Board of Commissioners met December 29th, 2000 at 5:00 p.m. in the Hart County Administrative & Emergency Services Center.

 

Chairman Joel Moore presided with Commissioners Randy Banister, Ken Brown and R. C. Oglesby in attendance. Commissioner Don Burdick was absent due to vacation.

 

Call to Order, Welcome, Moment of Silence

 

Chairman Moore called the meeting to order, welcomed those in attendance and called for a moment of silence.

 

Approve Agenda

 

Commissioner Oglesby entered a motion to approve the meeting agenda. Commissioner Brown provided a second to the motion. The motion carried unanimously. The agenda is recorded in the "2000-2001" minutes book.

 

Approve Minutes of Previous Meeting(s)

 

Remarks by Invited Guests, Committees, Authorities, Etc.

None

 

Reports by Constitutional Officers & Department Heads

None

 

County Administrator's Report

 

County Administrator Gary Cobb recommended after the 2nd reading of Chapter 34, Environmental ordinance that the board consider a Public Hearing be held on the same day and time as the next regular meeting.

 

Commissioner Oglesby entered a motion to hear the 2nd reading and hold the Public Hearing on Chapter 34, Environment on January 9th, 2001 meeting. Commissioner Brown provided a second to the motion. The motion carried unanimously.

 

County Administrator reported that the Water and Sewer Authority did not receive reasonable quotes for water testing on the 29N water line. Therefore, he recommended sending county employees Greg Oglesby and Ricky Wilson to a Basic Water Treatment Class at Athens Tech.

 

Commissioner Oglesby entered a motion to send Ricky Wilson and Greg Oglesby for training as recommended by Administrator Cobb. Commissioner Brown provided a second to the motion. The motion carried unanimously.

 

County Administrator reported the Sheriff's Office submitted a check from the Drug Fund account to pay for half the cost ($2,900) of the Toyota 4-Runner from the MANNS unit, the county will pay an additional $2,900 and hold the title to the vehicle.

 

Old business

 

a.                  Beer & wine renewal/Dad's II

 

Chairman Moore stated that the renewal application was tabled for further analysis at the December 12th, 2000 meeting. He reported that a citation was issued by DOR October 27th, 2000 to a license holder of Dad's II for violating regulations.  The owner pled no contest, was issued a penalty of $500, license was suspended for ten business days effective January 2nd, 2001 and placed on probation for twelve months. He also reported the attorney representing Dad's II requested the county grant the county license prior to January 1st, 2001.

 

Commissioner Oglesby entered a motion to remove the beer & wine renewal/Dad's II from the table for discussion. Commissioner Brown provided a second to the motion. The motion carried unanimously.

 

County Attorney Walter Gordon reported he examined the citations issued on August 2nd and October 22nd, 2000. A hearing was conducted November 21st, 2000 by DOR, the owner pled no contest (not guilty or guilty) therefore the hearing was waived by DOR. He said the application by Will Martin was consistent to State law and the local beer & wine ordinance. He suggested the board favorably consider granting the license and mirror the license restriction with that of the State license probationary period.

 

Commissioner Oglesby entered a motion to grant the beer & wine license to coincide with the State of Georgia ruling. Commissioner Brown provided a second to the motion. The motion failed to carry 2-2 vote.

 

Commissioner Banister remarked that one of the owners of Dad's II was charged with gambling, which clearly violated the county's ordinance. He said the reason to deny the license is based on the oath of office he took as commissioner. Adding that the commissioners have been charged with the responsibility to uphold the county ordinance, and that a license is a privilege.

 

Commissioner Oglesby remarked that the school system has the same problem with drugs as with the county with video poker, but they're not closing schools. He said the board has a responsibility to the sinners as well as the saints.

 

Commissioner Brown stated that is it up to the court system to determine if someone is guilty or not of gambling.

 

Chairman Moore entered a motion to grant the license to Dad's II for a three-month probationary period and at the end of the three months a hearing will be conducted to determine if the establishment is in compliance with the law. Commissioner Oglesby provided a second to the motion. The motion was then open for discussion.

 

Commissioner Oglesby asked Attorney Mayes Davison why his client pled no contest. Attorney Davision responded that his client pled no contest to state charges merely to dispose of the case, and that his client maintains his innocence. He said owners of Dad's II have made a substantial investment in the establishment and if they are put out of business it will effect fifteen families.

 

Attorney Davison also remarked that it was a business decision for Will Martin to apply for the renewal license.

 

Commissioner Banister remarked that regardless of who applied for the license it is the same establishment and he did not have anything personal against anyone. However, the issue at hand is serious and the board needs to adhere to the ordinance.

 

Chairman Moore remarked that the IRS has administrative powers to put someone out of business for not paying taxes and that DOR has exercised their administrative powers to Dad's II establishment.

 

After the discussion Chairman Moore called for the vote. The vote carried 3-1, with Commissioner Banister voting against granting the license.

 

 

New Business

a.                  Intergovernmental Agreement/Gateway Park Utilities

 

Commissioner Oglesby entered a motion to approve the Intergovernmental Agreement/Gateway Park Utilities and authorize the chairman to execute the document. Commissioner Brown provided a second to the motion. The motion carried unanimously. The agreement is recorded in the "2000-2001" minutes book.

 

b.                  Sewer SDS Amendment

 

Commissioner Oglesby entered a motion to approve the Sewer SDS Amendment. Commissioner Banister provided a second to the motion. The motion carried unanimously.  The amendment is recorded in the "2000-2001" minutes book.

 

Public Comment

 

Rev. Hulon Bryant questioned if the beer and wine ordinance has a provision to deny or revoke licenses if an establishment pleas no contest to a felony. 

 

County Administrator Gary Cobb responded that the ordinance reads if its a nolo plea to drugs or alcohol, applicant is subject to revocation.

 

Sun reporter Mark Lanford remarked that it seems like the beer and wine ordinance has loopholes that allows an establishment to change the applicant.

 

Attorney Gordon responded that the ordinance is not a model of clarity or perfection. 

 

Commissioner Oglesby entered a motion to adjourn the meeting. Commissioner Brown provided a second to the motion. The motion carried unanimously.

 

 

 

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Joel Moore, Chairman                                 Lawana Kahn, County Clerk