Hart
The Hart County Board of
Commissioners met
Chairman Joey Dorsey presided with Commissioners Randy Banister, Ken Brown, Don Burdick in attendance. Commissioner R. C. Oglesby arrived at 5:45 p.m.
Chairman Dorsey called the meeting to order.
Chairman Dorsey welcomed those in attendance.
Commissioner Banister had the opening prayer.
Everyone stood for the pledge of allegiance.
Commissioner Burdick entered a motion to amend and approve the meeting agenda as follows:
Remarks by Invited Guests – Crystal Teasley in place of Tim Czarmiak
Old Business – BRAG Rest stop
New Business – g. Recycling Building Addition
h. Purchase of State Surplus Car
i. CO#1 Paving Contract – Pinkston Road
j. CO#2 Paving Contract – Holmes Road
k. HCWSA Water System Master Plan
Commissioner Banister provided a second to the motion. The motion carried 4-0.
Approve Minutes of Previous Meeting(s)
3/26/02, 3/27/02
Commissioner Banister entered a motion to approve the minutes of the meetings held March 26th, and March 27th, 2002. Commissioner Burdick provided a second to the motion. The motion carried 4-0.
Crystal Teasley – Prevent Child Abuse Georgia
Crystal Teasley reported that April has been designated as Prevent Child Abuse in the State of Georgia. She thanked the board for the adopting the Proclamation acknowledging April the month to Prevent Child Abuse.
Judge Bob Smith – New Voting Technology
Judge Smith reported that the State of Georgia has reviewed the election process and the State Legislatures have designated fifty-four million dollars to purchase new voting equipment statewide. He explained that four million dollars would be set aside for training purposes for the elected officials and poll workers. He stated grant funds would be made available to educate citizens.
Judge Smith remarked that the new voting machines would not need as much space as the machines that are currently being used. He said the bottom line is that “each vote gets counted”. He also remarked that he does not have a clue as how much to budget next year’s election budget. However, he feels that in the future money will be saved and a there would be tremendous improvement in the voting system.
Chairman Dorsey asked what the county would do with the surplus equipment once new machines are installed. Judge Smith remarked that the State of New York is willing to purchase old voting machines. He said he would make the contacts, however the board will have to approve the sell.
Chairman Dorsey thanked Judge Smith for the information.
County Attorney Walter Gordon did not have anything to report.
County Administrator Gary Cobb remarked that the new voting machines would be smaller and there will be more flexibility to locate the machines in other designated areas.
He gave a financial report for the first six months of the fiscal year. He said that revenues are where they need to be and expenditures are below budget.
Chairman Dorsey reported that the 1% LOST (Local Option Sales Tax) negotiation meeting with the City of Hartwell and the City of Royston is scheduled April 17th, 2002 at 12 noon at the Hart County Library.
He reported that April 22nd a meeting is scheduled to create a Savannah River Basin Committee at Savannah River Rapids in Columbia County.
Chairman Dorsey requested that the board schedule a road meeting. All agreed to meet April 12th at noon.
He reported that opening day for Little League is Saturday April 13th at 10:00 a.m. at the Recreation Park.
He also reported that the City of Hartwell has agreed to the trial parking for jurors in the June 10th term of court.
Commissioner Oglesby reported that Claude Ward purchased pipe for a cattle crossing from the county in 1999 and the county provided labor to install the pipe. His voiced his main concern about who is going to retain liability and maintenance of cattle crossings for those that are installed on county maintained roads. He said he did not have a problem with allowing Bondsie Skelton to purchase pipe and the county install the cattle crossing.
Commissioner Oglesby entered a motion that the county retain liability, maintenance and provide labor to install a cattle crossing for Bondsie Skelton on Liberty Hill Road. The motion died from lack of a second.
Commissioner Burdick reported that it is up to the individual property owner to contact their insurance company to inquire whether a reduction in their homeowners insurance due to the revised ISO rating is possible.
None
a. BRAG Rest stop
Administrator Cobb reported that the BRAG (Bike Ride Around Georgia) is going to end their bike ride in Hartwell and submitted a proposal to locate rest stop facilities on South Forest, Howell and E Franklin Streets from 10 a.m. till 3:00p.m.
Chairman Dorsey remarked that the request should be directed to the City of Hartwell officials.
a. Proclamation – Child Abuse Prevention Month
Commissioner Oglesby entered a motion to adopt the Child Abuse Prevention Proclamation. Commissioner Brown provided a second to the motion. The motion carried 5-0. The proclamation is recorded in the minutes book.
b. Life Insurance Premium Fund Budget Amendment – Fire Dept. Parts/repair
Administrator Cobb reported that the Fire Department have had unexpected equipment repairs and suggested that the funds come from the Life Insurance Premium Fund reserve from prior years.
Commissioner Burdick entered a motion to amend the Fire Department’s parts/repair budget by $5,000 increase. Commissioner Banister provided a second to the motion. The motion carried 5-0.
c. EMS Transport Rate Schedule
EMS Director Terrell Partain reported that the EMS Transport Rate Schedule has been locked in since 1998 according to what Medicare allowed. Adding that Medicare has approved a rate schedule that should be implemented over five years to help offset expenditures. He said that sixty to seventy-five percent of EMS calls are Medicare patients.
Commissioner Oglesby entered a motion to adopt the EMS Transport Rate Schedule effective May 1st, 2002. Commissioner Burdick provided a second to the motion. The motion carried 5-0.
d. CATV Franchise Renewal
Commissioner Banister entered a motion to table the CATV Franchise Renewal for further review. Commissioner Burdick provided a second to the motion. The motion carried 5-0.
e. Department Head Indemnity Resolution
Commissioner Oglesby entered a motion to table the Indemnity Resolution for further review. Commissioner Brown provided a second to the motion. The motion carried 5-0.
f. R-O-W Issues Discussion
Commissioner Oglesby entered a motion to table the R-O-W policy and directed the County Administrator to survey the surrounding counties for R-O-W policy. Commissioner Burdick provided a second to the motion. The motion carried 5-0.
g. Recycling Building Addition
Commissioner Oglesby entered a motion to accept Ingram Construction proposal of $29,796 to construct the Recycling Building Addition. Commissioner Brown provided a second to the motion. Chairman Dorsey asked what the building is going to be used for. Public Works Director Caime responded that recyclable materials would be stored in the facility.
The motion carried 5-0.
h. Purchase of State Surplus Car
Administrator Cobb proposed to take five county vehicles that have excessive miles off the road and sell them. He also proposed purchasing two 1994 Ford Crown Victoria for General Government and EMS use from DOAS at $1,800 each.
Commissioner Oglesby entered a motion to proceed with the proposal. Commissioner Brown provided a second to the motion. The motion carried 5-0.
i. CO#1 Paving Contract – Pinkston Road
Public Works Director Caime explained that Pinkston Road is longer than what was submitted to the DOT. He proposed paving to the end of the county road and include a bus turn around.
Commissioner Oglesby entered a motion to proceed with the Change Order for Pinkston Road. Commissioner Brown provided a second to the motion. The motion carried 5-0.
j. CO#2 Paving Contract – Holmes Road
Public Works Director Caime explained that the pavement would stop 150’ short of the last drive way on Holmes Road.
Commissioner Oglesby entered a motion to proceed with the Change Order for Holmes Road. Commissioner Burdick provided a second to the motion.
Commissioner Banister asked what was the reason for not having the knowledge that the correct distance on the roads was not accurate before it was submitted to the DOT. Director Caime remarked that he was not employed with the county in the planning stages.
The motion carried 5-0.
k. HCWSA Water System Master Plan, Water Conservation Plan & Drought Contingency Plan
Commissioner Oglesby entered a motion to adopt the HCWSA Water System Master Plan as presented. Commissioner Brown provided a second to the motion. The motion carried 5-0.
Arch Adams commented that video poker is “alive and well” in Hart County and nineteen months after the raid and confiscation of video poker machines that there have not been any prosecutions brought by the District Attorney. He requested that the board move ahead with Administrative hearings and enforce the Video Arcade Ordinance. Adding that the entire county has is a moratorium.
Mr. Adams said that Freddie Cagle is in violation of the county ordinance but is allowed to continuing operating a gaming facility. He said that Mr. Cagle has recently pointed a firearm at him and there was an incidence where several individuals were arrested on drug charges and Mr. Cagle bailed them out of jail. He added that it cost money to pass the buck instead of the board handling the situation. He remarked that the county has a threshold of evidence that is different from the District Attorney.
Commissioner Burdick remarked that he thought the District Attorney would act on the felony cases in a timely fashion.
Commissioner Oglesby asked where the county stand with the recent charges against Mr. Cagle. Attorney Gordon responded that the latest charge would be evidence used to warrant a denial of license. He added that currently Mr. Cagle is operating without an arcade license and reminded the board he has filed a lawsuit declaring the county ordinance unconstitutional.
Commissioner Banister remarked the charges could be used to shut the establishment that Mr. Cagle operates down. Commissioner Oglesby remarked that there are no grounds to act until Mr. Cagle is found guilty or not.
Commissioner Banister said the county has the ability to address the issue. Adding that they have three choices: "We can hear the evidence; hire an administrative judge and a lawyer to hear the case and make a recommendation to the Board; or we can do nothing."
Commissioner Banister entered a motion to proceed with an Administrative Judge and Hearing Officer to review the pending arcade licenses. Commissioner Burdick provided a second to the motion.
Chairman Dorsey remarked that the Supreme Court will hear the issue regarding the video poker law and it would not be in the best interest of the county for us to get involved at this time when we may not have to later on.
Commissioner Oglesby remarked that he is not prepared to give out a blank check for the hearings.
Commissioner Banister stated that the attorney fees are $100/hr and the hearing judge is $175/hr.
Attorney Gordon stated that the District Attorney would not quash the GBI evidence during the raid of September 27th, 2000. He added that there are very serious legal issues involved and the cleaner alternative is to have a hearing officer and private attorney to review the applicant charges.
Terrell Partain asked if there would be any repercussion if the county proceeded with hearings and the State court system finds the subjects not guilty. Commissioner Banister stated they could file a suit against the county.
Chairman Dorsey called for the vote. The vote was 2 favor (Commissioner Banister and Burdick and 3 opposed (Chairman Dorsey, Commissioners Brown and Oglesby).
Tom Hardigree remarked that the primary function of the government is to protect its citizens.
Kevin Heaton remarked that the commissioners are elected to represent Hart County and that they are not doing their job.
Chairman Dorsey remarked that the Supreme Court will hear the Video Poker Law on April 22nd and we should wait until that finding is made.
Troy Worthey remarked that he was disappointed with the board decision.
Executive
Session
None
Adjournment
Commissioner Brown entered a motion to adjourn the meeting. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.
------------------------------------------------ -----------------------------------------------------
Joey Dorsey, Chairman Lawana Kahn, County Clerk