Hart County Board of Commissioners

March 27th, 2001

7:00 p.m.

 

 

The Hart County Board of Commissioners met March 27th, 2001 at 7:00 p.m. in the Hart County Administrative and Emergency Services Center.

 

Chairman R. C. Oglesby presided with Commissioners Randy Banister, Ken Brown, Don Burdick and Joey Dorsey in attendance.

 

Call to Order, Welcome, Moment of Silence

 

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

 

Approve Agenda

 

Commissioner Burdick entered a motion to amend the meeting agenda to include lawn maintenance and approve the. Commissioner Dorsey provided a second to the motion. The motion carried unanimously. The agenda is recorded in the minutes book.

 

Approve Minutes of Previous Meeting(s)

            03/13th, 03/16th, '01

 

Commissioner Dorsey remarked that the March 16th, 2001 meeting was announced as a planning session instead of a called meeting.

 

Commissioner Banister entered a motion to approve the minutes of the meetings held March 13th and 16th, 2001 as amended. Commissioner Brown provided a second to the motion. The motion carried unanimously.

 

Remarks by Invited Guests, Committees, Authorities, Etc.

a.                  Mark Dotson - Army Corps of Engineers

 

Stan Simpson spoke on behalf of the Army Corps of Engineers. He explained the drought management plan measures that the Corps is taking in respect to the lake water inflows. Mr. Simpson remarked that the drought started in 1998 and they started implementing the drought management plan at that time. However, this summer's forecast indicates that it will be drier than normal.

 

Commissioner Burdick asked why Lake Russell is not down as much as Lakes Jocasse and Thurman. Mr. Simpson explained that Lake Russell's pool level was designed lower and is a pump storage pool.

 

Commissioner Dorsey asked at what point would the Corps quit generating at the Hartwell power facility. Mr. Simpson explained that the generators wouldn't tolerate low levels. Adding that if it were not for the drought plan the lake level would be much lower.

 

Commissioner Burdick asked if Mr. Simpson had any thoughts about the Interbasin transfer of water. Mr. Simpson remarked that a transfer would make life tougher for the lake area. He reported that the same concept is happening with an Interbasin transfer of water going to the Greenville, S. C. area from the Lake Keowee.

 

Chairman Oglesby thanked Mr. Simpson for his report.

 

b.                  Charles Fields - Savannah River Basin Master Plan

 

Mr. Fields reported that he recently attended the Savannah River Basin Management meeting in Evans, Georgia. He remarked that a study group was established in 1992 to plan a program to manage river basins in the State of Georgia. He presented the board with the management planning vision, mission and goals.

 

He also reported that Governor Barnes has appointed a joint study committee to report the state's water basins to the Legislators in 2002.

 

Commissioner Burdick remarked that the study group has twenty-one members of which fifteen are from the metro Atlanta area and that someone from the northeast Georgia area needs to represent this area. He thanked Mr. Fields for his report and commended him for attending the meeting in Evans.

 

Reports By Constitutional Officers & Department Heads

 

County Attorney Walter Gordon reported that the Water & Sewer Utility Authority met and discussed the waterlines to serve the two new schools. He said that easements have largely been attained for the Elrod Ferry waterline project and that he anticipated the EPA to approve the project soon.

 

He announced that the Water & Sewer Utility Authority would receive state funds in the amount of $600,000 to fund future water projects. He also reported that the Authority meeting date has changed to the 3rd Monday of each month at 6:00 p.m. and will be held at the Authority's office at 200 Arthur Street.

 

County Administrator's Report

 

County Administrator Gary Cobb reported that he has sent a letter out urging county employees to participate in the Great American Clean-up April 28th.

 

He suggested that the board consider adopting a Wetlands Ordinance by October. He reported that Lumpkin County failed to adopt the ordinance and they were de-certified by the state.

 

Chairman's Report

 

Chairman Oglesby reported that the LARP list has been updated and submitted to the DOT. He also remarked that he has received several telephone calls since the recent fatality at the intersection of Vickery Street and Highway 51E requesting a safety study of the intersection.

 

Commissioner Burdick entered a motion to request the DOT to do a safety study to improve the intersection. Commissioner Brown provided a second to the motion. The motion carried unanimously.

 

Commissioners' Reports

 

Commissioner Burdick reported that there are several grants available through the Chattahoochee-Chestatee RCD to benefit rural areas such as follows:

·        Timber bridge, hydro seed, dry hydrant, road striping, water conservation, erosion control, loans to start or expand small businesses, wheels to work through DFACS programs

 

Commissioner Banister reported that HB204 would be presented again during the summer legislative session. He said the outcry from the community and the stop video committee was instrumental in getting facts out. He also reported that the grand jury issued thirty-one indictments for commercial gambling.

 

Commissioner Dorsey reported that the Fire Study Committee has developed a five-year plan for the new 1%SPLOST funds. He also stated if the ISO lowers the fire rating in the unincorporated areas to seven or five one could expect considerable savings. He gave some comparisons for fire insurance coverage if the ISO reduces the rate. 

 

Old Business

a.                  Administrative Assistant Job Description, update of Clerk, Deputy Clerk, Public Works Specialist & Environmental Compliance Officer job descriptions.

 

County Administrator Gary Cobb remarked that the board has discussed the Administrative Assistant and that the position should not be confused with an Assistant Administrator. He said the person hired for the position would be a support person and would not have any authority to sign checks or have any supervisory responsibilities. He submitted an outline that included thirteen immediate tasks if the position is authorized that the individual would have on their plate from day one to perform. 

 

Chairman Oglesby remarked since the position has been discussed several times they did not need to continue discussion but to make a decision to hire the Administrative Assistant or utilize personnel that are in the office.

 

Commissioner Brown entered a motion to approve creating the position of Administrative Assistant. Commissioner Burdick provided a second to the motion. The motion failed with Commissioner Brown and Burdick in favor, Commissioners Banister and Dorsey opposed. Chairman Oglesby abstained and stated he opposed hiring additional help during the budget hearings. 

 

Chairman Oglesby suggested utilizing one of the fulltime employees in the office to assist the Administrator, move the deputy clerk's position to clerk and hire someone on a part time basis for clerical assistance in the office.

 

Administrator Cobb stated he was under the impression that the board did not favor hiring a part time person. Chairman Oglesby remarked that the board was not in favor of hiring a part time receptionist.  

 

Commissioner Burdick suggested Chairman Oglesby discuss the matter with the County Administrator.

 

County Administrator Gary Cobb requested that the updated the job descriptions for the Public Works Specialist and the Environmental Compliance Officer be considered since they were performing tasks that were not included in the descriptions.

 

Commissioner Burdick entered a motion to adopt the changes to the Public Works Specialist and the Environmental Compliance Officer job descriptions. Commissioner Brown provided a second to the motion.

 

Commissioner Banister asked what impact would the amended job descriptions have on the payscale or future personnel. County Administrator Cobb remarked that from some of the comments made at the retreat in Athens, some commissioners indicated the personnel in the positions did not have enough to do. Therefore, he researched what they were doing and found there were several items they perform that were not on their job descriptions. He added the updated job descriptions shows that the two people are working with a full plate. He also remarked that his understanding of the discussion in Athens was to eliminate the Public Works Specialist of which he is not in favor of.

 

Chairman Oglesby called for a vote. The motion carried unanimously. The updated job descriptions are recorded in the minutes book.

 

Chairman Oglesby stated since the Public Works Director position is still open there would be nothing wrong with hiring a part time clerical position to help in the office. Of which, he felt would relieve some of the workload and in the future if the need is there to turn the position into a fulltime slot they would consider the matter.

 

New Business

           

a.                  Beer & Wine application/Mohammed Jalil

 

County Administrator Cobb recommended that the board deny the beer and wine application for the following three reasons. 1. Applicant is not a resident of the state of Georgia, 2. Failure to remit inventory listing, 3. No proof of legal ad in the Hartwell Sun.

 

Chairman Oglesby entered a motion to deny the beer and wine license. Commissioner Banister provided a second to the motion. The motion carried unanimously.

 

b.                  Modification to Mendola & Associates Contract

 

Commissioner Banister entered a motion to approve the modification to the contract to extend it to May 1st, 2002. Commissioner Dorsey provided a second to the motion. The motion carried unanimously.

 

c.                  Airport Authority Appointment

 

Commissioner Burdick entered a motion to appoint Mike Hazleton to the Airport Authority. Commissioner Brown provided a second to the motion. The motion carried unanimously.

 

d.                  Proclamation - Great American Cleanup

 

Commissioner Burdick entered a motion to adopt the proclamation. Commissioner Brown provided a second to the motion. The motion carried unanimously. The proclamation is recorded in the minutes book.

 

e.                  Proclamation - Domestic Violence Shelter

 

Commissioner Dorsey entered a motion to adopt the proclamation. Commissioner Brown provided a second to the motion. The motion carried unanimously. The proclamation is recorded in the minutes book.

 

f.                    Bid award - Domestic Violence Shelter

 

Commissioner Burdick entered a motion to award the bid to Escex Construction Company pending the county attorney's review. Commissioner Brown provided a second to the motion. The motion carried unanimously.

 

g.                  Dad's II - Probationary Period

 

Commissioner Banister entered a motion to continue to hold Dad's II under probation for the rest of the year until the legal issue of commercial gambling is settled, then have a hearing on the matter.

 

County Attorney Gordon reported that after meeting with the District Attorney the indictment for commercial gambling is more significant than the licensing issue. He said the District Attorney is quite concerned that if the county takes evidence from the GBI agents it will hamper his ability to successful prosecutes the case in court.

 

Chairman Oglesby asked if the beer & wine license has any ties with the video arcade license. Attorney Gordon remarked that the county does not allow both video and beer/wine. The beer/wine ordinance does not address whether the applicant has or does not have a video arcade license.

 

Attorney Gordon stated that if the District Attorney is successful with the case the board can revoke or suspend the beer and wine license for Dad's II if they determine that is the proper action. He added that there is nothing in the ordinance that provides a probationary license.

 

Chairman Oglesby stated that the motion made in the meeting held December 29th, 2000 was to place Dad's II license holder on probation for three months. He added since there has been no evidence presented that the license holder has violated the ordinance he did not feel it was necessary to continue the probationary period.

 

Chairman Oglesby entered a motion to lift the probationary period. Commissioner Brown provided a second to the motion. The motion carried 4-1, with Commissioner Banister opposed.

 

Commissioner Banister stated that there was an arrest and indictment and they are waiting at the request of the District Attorney to move forward. He entered a motion to delay the hearing until the D.A. releases information needed to make a decision. Commissioner Dorsey provided a second to the motion. 

 

Attorney Mayes Davison stated that owners of Dad's II establishment recognizes that they have criminal charges brought against them. However, they are doing everything they can to operate within the law.

 

Chairman Oglesby stated no further discussion called for a vote. The motion failed with a 3-2 vote.

 

h.                  Public Hearing - Gaines Court

 

Attorney Gordon conducted the hearing for the proposed abandonment of a portion of Gaines Court which included a small driveway and that the rest of the road will remain a county road.

 

Attorney Gordon reported that notices to abandon a portion of Gaines Court were sent out certified mail March 9th, 2001 and the legal notice was published in the Hartwell Sun March 14th and 21st. He recommended that no action be taken at this time on the issue of abandonment. He said that everyone realizes that the hearing is an emotional issue and if anyone had any comments to limit them to five minutes of less.

 

Al Olsen questioned why the road was being considered for abandonment. Chairman Oglesby stated that the property is owned by Paul Martin and there are no houses and the road does not serve the county. Adding that the owner of the property has a trailer park on the land and a portion of it is being subdivided.

 

Attorney Gordon reported that the criteria for abandonment of a public road is whether or not it serves the public use or benefit rather than for private use.  He suggested that the Chairman poll the audience.

 

Chairman Oglesby took a poll from the audience.  Seven individuals opposed the abandonment, three were in favor.

 

Norma Howard stated that she wants to buy a piece of property on Gaines Court and is hoping the county will pave the road.

 

Virgil Ayers said  that he lives on a road that he paid to get paved and if the county paves Gaines Court he wants a rebate for the expenses he paid for the road he lives on.

 

Chairman Oglesby said with no further comments the hearing is now closed.

 

Commissioner Burdick entered a motion to table the matter until the next meeting. Commissioner Dorsey provided a second to the motion. The motion carried unanimously.

 

i.                    Bids - Lawn maintenance

 

The following companies presented sealed bids for lawn maintenance:

·        Evans Landscaping                                            $325 per cut

·        Franklin Lawn Care                                            $300 per cut

·        Eberhardt 's Landscaping                                  $295 per cut

·        Keeping the Faith Lawn Svc                              $440 per cut

·        Adonia Lawn Care                                              $500 per cut

·        Lawn Garden & Home Maintenance                $395 per cut

 

County Administrator Gary Cobb recommended the board defer the bids to him and the County clerk to review and grant him the authority to select one.

 

Commissioner Burdick entered a motion to defer the bids to the County staff to review and select the company according to the criteria of the bid specs. Commissioner Brown provided a second to the motion. The motion carried unanimously.

 

Public Comment 

a.                  Gladys Teasley - Teasley Lane

 

Mrs. Teasley was not able to attend the meeting.

 

Adjournment 

 

Commissioner Dorsey 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, Chairman                        Lawana Kahn, County Clerk