Hart County Board of Commissioners
September 26th, 2000
7:00 p.m.
The Hart County Board of Commissioners met September 26th, 2000 at 7:00 p.m. in the Hart County Administrative & Emergency Services Center.
Vice-Chairman R. C. Oglesby presided with Commissioners Ken Brown and Don Burdick in attendance. Chairman Joel Moore and Commissioner Harry Hannah absent.
Call to Order, Welcome, Moment
of Silence
Vice-Chairman Oglesby called the meeting to order, welcomed those in attendance and called for a moment of silence.
Approve Agenda
Commissioner Brown entered a motion to add item g. HB489 SDS update to new business and approve the meeting agenda. Commissioner Burdick 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)
09/11th, 09/12th, 09/20th, 2000
Commissioner Burdick entered a motion to approve the minutes of the meetings held September 11th, 12th, and 20th, 2000. Commissioner Brown provided a second to the motion. The motion carried unanimously.
Remarks by Invited Guests,
Committees, Authorities, Etc.
Vice-Chairman Oglesby recognized Tony Emery of the Boy Scouts #33.
Reports By Constitutional
Officers & Department Heads
County Attorney
County Administrator's Report
County Administrator Gary Cobb reported the new county maps are available at a cost of $3.00 each. He also reported five individuals have returned registration forms for the bona fide video poker machines.
Chairman's Report
None
Commissioners' Reports
None
Consent Agenda
Commissioner Burdick entered a motion to adopt the consent agenda as follows. Commissioner Brown provided a second to the motion. The motion carried 2-1.
a. FY'01 Pay Plan Policy
b. Pay Grade Classification Plan Amendment
c. FY'01 Expense Reimbursement Policy
d. Franklin-Hart County Airport Paving Invoice
The consent agenda is recorded in the "2000-2001" minutes book.
New Business
a. Master Plan/Recreation complex
A representative from Robert & Company presented the Master Plan for the Recreation complex. After a brief presentation, Commissioner Burdick entered a motion to accept the Master Plan as presented. Commissioner Brown provided a second to the motion. The motion carried unanimously.
County Administrator Gary Cobb commended the Recreation Committee for selecting the Master Plan.
b. Adoption FY'01 Budgets (General Fund & all other entities)
County Administrator Gary Cobb reported two public hearings were held September 12th, at 5:30 and 7:00 for the FY'01 Budgets.
Commissioner Burdick entered a motion to adopt the FY'01 General Fund budget as presented. Commissioner Brown provided a second to the motion. The motion carried 2-1.
Commissioner Burdick entered a motion to adopt FY'01 budgets all other entities as presented. Commissioner Brown provided a second to the motion. The motion carried unanimously.
c. Adoption FY'01 County Government Millage
Commissioner Burdick entered a motion to adopt the Tax Resolution contingent upon the Board of Education adopting their millage rate at their meeting to be held September 27th, 2000. Commissioner Brown provided a second to the motion. The motion carried unanimously. The Tax Resolution is recorded in the "2000-2001" minutes book.
d. Beer & Wine application/Curran Smith
Vice-Chairman Oglesby reported the beer & wine application did not meet the distance requirements in the beer & wine ordinance since the property was within 350 yards of a church. He remarked that the church did not own the property.
Commissioner Burdick stated he understood the Abundant Life church members have voted to purchase the property as of August 20th, 2000.
Patrick Sanders a member of Abundant Life church pleaded that the board consider the situation at hand and let their conscience direct them in making the right decision since the store is located so close to the church.
Rev. Hulen Bryant asked if the distance was measured prior to the meeting. County Attorney Gordon responded that the county surveyor measured the distance and it is 340 yards from the door of the establishment to the property line of the church facility.
Vice-Chairman Oglesby said he was trying to be fair and partial to Mr. Smith's request for a beer & wine license. He added he did not want to put someone out of business.
Rev. Bryant read the portion of the beer & wine ordinance that pertains to distance requirements. He remarked that the ordinance does not require ownership.
County Attorney Gordon stated the place of worship is tax exempt and it is important to deal with it as a place of worship. However, from a legal perspective the board could grant a variance or deny the license according to the ordinance.
Rev. Bryant remarked that not issuing a beer and wine license would not put the man out of business. Adding that another store in the area does not sell beer & wine and they still operate daily.
Virgil Ayers remarked that it is a sad day that the board can't decide between beer & wine and Christianity.
Patrick Sanders requested the board make a decision tonight of whether or not to grant a beer and wine license to Mr. Smith.
County Attorney Gordon said the issue at hand is, does the church lease the building or the property.
Bobby Gaines remarked that the board has the opportunity to deny the beer and wine license request.
Curran Smith owner of Max Saver requested the board approve his beer & wine application.
Grant Banister stated since the county has an ordinance in place and the application does not meet the requirements then the board needs to follow the ordinance.
Vice-Chairman Oglesby said they have heard from many individuals about the beer & wine ordinance. He said there is mixed information about the owner of the property and distance requirements. He added the board has an obligation to treat people fair.
Commissioner Brown entered a motion to deny the beer & wine application. Commissioner Burdick provided a second to the motion. The motion carried unanimously.
e. Bid award/Pick-up trucks(Road Dept)
Commissioner Burdick entered a motion to refuse all previous bids and award the bid to Southlake Ford at a state contract price of $12,454 each. Commissioner Brown provided a second to the motion. The motion carried unanimously.
f. Hart County Purchasing Policy
Commissioner Brown entered a motion to amend the present purchasing policy adopted February 14th, 1995 by adding the provisions presented. Commissioner Burdick provided a second to the motion. The motion carried unanimously. The purchasing policy is recorded in the "2000-2001" minutes book.
g. HB489 - SDS Amendment
Commissioner Burdick entered a motion to amend the Service Delivery Strategy Resolution. Commissioner Brown provided a second to the motion. The motion carried unanimously.
Public Comment
a. Jim Robertson/Memorial Bridge Construction
Mr. Robertson was not in attendance.
Virgil Ayers commented on the county's policy allowing county employees to work for the county and run for public office. He also requested the record to show that the tree cutting conflict was not between two individual tree-cutting firms, but was between the County Administrator and a county employee.
Vice-Chairman Oglesby responded that an allocation was made and the board is leaving the issue up to the proper authorities.
Bobby Gaines said now is the time for the board to clarify ownership in the beer & wine ordinance to prevent a problem from occurring in the future.
Mr. Sanders expressed his appreciation for the decision made pertaining to the beer & wine application.
Mr. Emmel commented that beer & wine applicants should show evidence that a survey is made prior to applying for a license.
Dale Banister said his property values went up. County Administrator Cobb reported the total digest went up 31 million dollars and that the state mandates governments can not take full advantage of increasing in the digest.
Mr. Banister also remarked that President Clinton or Vice President Gore should not be able to run for office.
Commissioner Burdick entered a motion to adjourn the meeting. Commissioner Brown provided a second to the motion. The motion carried unanimously.
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R. C. Oglesby, Vice-chairman Lawana Kahn, County Clerk