Hart County Board of Commissioners

March 12th, 2002

5:30 p.m.

 

The Hart County Board of Commissioners met March 12th, 2002 at 5:30 p.m. in the Hart County Administrative & Emergency Services Center.

 

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

 

Call to Order, Welcome, Moment of Silence

 

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

 

Approve Agenda

 

Commissioner Oglesby entered a motion to amend the agenda as follows: Remarks by Invited Guests – Larry Poole, delete Executive Session and approve the agenda. Commissioner Burdick provided a second to the motion. The motion carried 5-0. The agenda is recorded in the minutes book.

 

Approve Minutes of Previous Meeting(s)

          2/26/02

 

Commissioner Oglesby entered a motion to approve the minutes of the meeting held February 26th, 2002. Commissioner Brown provided a second to the motion. The motion carried 5-0.

 

Remarks by Invited Guests, Committees, Authorities

a.                  Dr. Larry Poole – Hart Partners

 

Dr. Poole, Executive Director of Hart Partners, presented an overview of Hart Partners. He said the organization is community collaboration and provides services to children and youth in the county. He said his dream is for Hart County to build a Family Life Center, which could be funded through grants, endowments and 1%SPLOST.

 

Dr. Poole requested that Hart County consider providing funds to Hart Partners in the amount of $100 during this fiscal year.

 

Commissioner Burdick commended Dr. Poole for his efforts and the role in helping the children and youth in the community.

 

Reports By Constitutional Officer & Department Heads

 

County Attorney Walter Gordon reported that due to the change in the ISO fire rating a recent closing on a property transaction that the owner will save $900 in insurance premiums effective March 1st, 2002. He commended the Board, the County Staff, Nan Harbinson, Billy Ray Vickery and the Volunteer Fire Department for their efforts to get a lower ISO fire rating.

 

Commissioner Burdick thanked Attorney Gordon for his remarks and added that former Commissioner Joel Moore was also instrumental in his leadership to get the ISO rating results lowered. Commissioner Brown added that former Commissioner Bill Kelley was also instrumental in the ISO study.

 

County Administrator’s Report

 

County Administrator Gary Cobb read comments a serious commentary from Comedian Charles Carlin he recently received via email.

 

Chairman’s Report

 

None

 

Commissioners’ Reports

 

Commissioner Burdick urged the public to contact Deborah Gaines, Clean & Beautiful Coordinator, and inquire about the “Adopt a Spot” program. He said participants will be given bags, gloves and a pass to drop litter picked up in the “Adopt a Spot” program to the Convenience Centers at no cost.

 

Commissioner Burdick also reported that South Carolina DOT has scheduled resurfacing Highway 29N north of the dam.

 

Consent Agenda

 

None

 

Old Business

 

None

 

New Business

 

a.                  Banners/Flags – Allen Johnson DDA

 

Allen Johnson representing DDA requested Hart County consider funding banners for Phase 1 Streetscape program. He said the City of Hartwell has agreed to fund $1,400 and requested that Hart County match the amount.

 

Commissioner Burdick entered a motion to provide funding in the amount of $1,400 for the banners. The motion failed for lack of a second.

 

Commissioner Oglesby entered a motion to provide funding in the amount of $1,000 for the banners. Commissioner Burdick provided a second to the motion.

 

Commissioner Banister said it was a good project however, he voiced concern that during the current economic situation were the banners a necessity.

 

The motion carried 4-1. Commissioner Banister opposed.

 

b.                 Franklin Hart Airport Authority – FY’01 & FY’02 Capital Budget Requests

 

Commissioner Oglesby entered a motion to amend the General Fund Budget to provide funding for the Airport Authority as follows:

          Add(expense) 54.1000 in the amount of $10,265

          Add(expense) 54.2000 in the amount of $10,000

Add(revenue) from the Economic Development Investment in the amount of $20,265.

 

Commissioner Brown provided a second to the motion. The motion carried 3-2. Commissioners Banister and Burdick opposed.

 

c.                  Request to use Courthouse Grounds - June 22, 2002 (BRAG)

 

Commissioner Banister entered a motion to table the request. Commissioner Burdick provided a second to the motion. The motion carried 5-0.

 

d.                 2002 Board/Authority Appointments

 

Commissioner Burdick entered a motion to appoint Dr. Max Daughtry to fill the unexpired term of Dr. Lattuada for the Board of Health. Commissioner Banister provided a second to the motion. The motion carried 5-0.

 

Commissioner Banister entered a motion to appoint Ranny Adams to fill the unexpired term of Dr. Lattuada for the RDC Board. Commissioner Brown provided a second to the motion. The motion carried 5-0.

 

Commissioner Burdick entered a motion to reappoint Fort Oglesby, Jerry Cleveland and Jerry Cleveland to the Hart County Water & Sewer Utility Authority. Commissioner Brown provided a second to the motion. The motion carried 5-0.

 

e.                  Grant Application Resolution - New Rec Park Building

 

Commissioner Oglesby entered a motion to proceed with the grant application. Commissioner Brown provided a second to the motion. The motion carried 5-0.

 

f.                   Bid Award - Five (5) First Time Paving Roads

 

Commissioner Burdick entered a motion to award first time paving bid to Sloan Construction for three roads, Redwine, George Burns and Parham, APAC for two roads, Pinkston and Holmes. Commissioner Brown provided a second to the motion. The motion carried 5-0.

 

g.                 Bid Award - Resurfacing Six (6) Tennis Courts

 

Commissioner Oglesby entered a motion to award the Tennis Court Resurface bid to Premier Coating Company in the sum of $10,800. Commissioner Banister provided a second to the motion. The motion carried 5-0.

 

h.                 Bid Award - EMS Emergency Vehicle

 

Commissioner Oglesby entered a motion to award the bid to Emergency Vehicle Sales in the amount of $84,806 less $500 rebate. Financing to be through ACCG Lease/Purchase Program following the County Attorney's review. Commissioner Brown provided a second to the motion. The motion carried 5-0.

 

i.                    Bid Opening - Landfill Environmental Testing Services

 

The following sealed bids were received for the Landfill Environmental Testing Services:

·        Moreland Altobelli

·        Hayes, James & Assoc

·        Buennell-Lammons Engineering

·        Goldie & Assoc.

·        ASI

·        United Consulting

·        R&D Environmental

·        Advance Environmental

·        Jordan, Jones & Goulding

·        S&ME

 

Commissioner Banister entered a motion to refer the bids to the County Administrator and the Public Works Director to make a recommendation. Commissioner Brown provided a second to the motion. The motion carried 5-0.

 

j.                   Code Section 2.61 Order of Business Amendment 

 

Commissioner Oglesby entered a motion to adopt the Order of Business Amendment Resolution. Commissioner Brown provided a second to the motion. The motion carried 5-0.

 

k.                 Beer & Wine Application - Hartwell Yacht Club

 

Applicant Johnny Tucker remarked that the application is for a private club located in the New Prospect Community. He also remarked that there is a three-par golf club located on the property.

 

Commissioner Banister remarked that there were prior problems at the Yacht Club and that past history should be considered. He questioned Mr. Tucker's employment with the Yacht Club. Mr. Tucker stated that he has never been employed with the Yacht Club.

 

Commissioner Oglesby remarked that nothing has been reported in the past twelve months.

 

Chris Elton remarked that it appeared that Johnny Tucker is being held accountable for the past reputation of the club.

 

Commissioner Banister asked Mr. Tucker if Kim (Tucker) Elton had been arrested in the past. Mr. Tucker responded that he was not aware of an arrest.

 

County Administrator Cobb reported that the applicant has fulfilled the requirements of the Beer & Wine Ordinance.

 

Chairman Dorsey asked what the club member pay for membership dues. Mr. Tucker said eighty dollars per person per year.

 

Commissioner Banister entered a motion to deny the application. Commissioner Burdick provided a second to the motion.

 

Chairman Dorsey allowed the public to make comment concerning the beer & wine application.

 

Greg Norris stated that he didn't have a problem with a restaurant, however he does have a problem with a private club. He presented a petition signed by thirty-eight individuals in the neighborhood that opposed the private club.

 

Terry Tucker remarked that the Tucker family has plans to open a restaurant by the lake and the golf course is open to the public. He said the club would be run as a business.

 

Commissioner Burdick remarked that the facility has a history of problems and that he has received numerous telephone calls of concerned individuals in the neighborhood. He asked the Tuckers to convince the board that in the future there will not be a problem at the facility.

 

Terry Tucker remarked that they are making a new start and are willing to pursue legal action if the beer & wine application is not approved.

 

Greg Norris commented about the location of the facility.

 

Kim (Tucker) Elton stated that a fourteen-foot high fence has been installed on the property to block off the golf course from public view. She also stated that the board should consider "out with the old in with the new" and that they were not responsible for their late father's actions.

 

Troy Worthey remarked that the Yacht Club was raided and Kim was arrested. He also stated that the previous owner didn't use Georgia beer and wine distributors and that they did not pay revenues to Hart County.

 

Sandy Passey owner of adjoining property of the facility remarked that there are parties going on all the time and they hear gunshots and loud music. She said she did not want to cause any problems. She also complained that beer cans are thrown out along the roadside. Ashley Passey complained of loud music coming from the facility.

 

Kim Elton and Terry Tucker reported that they have called the Sheriff's Department twice lately to file complaints of various natures.

Commissioner Burdick questioned the County Attorney that if the license were denied the board would have time to inquire of the Sheriff's Department of any complaints. County Attorney Gordon responded that if the license is denied or withdrawn the applicant would have to wait one year before making application again.

 

Chairman Dorsey questioned the County Attorney about a temporary probation period of ninety days. Attorney Gordon said that the ordinance does not provide a probation period. He remarked that a beer and wine license is a privileged license that can be revoked for various reasons. He said if complaints arise evidence has to be presented in a fashion in which the applicant is provided due process.

 

Commissioner Banister remarked that the main issue with the facility is past history and that Mr. Tucker had a problem with correct answers to questions that was asked.

 

Chairman Dorsey stated that the ordinance defined past history within a twelve-month period prior to application. He said the Tuckers have an act to clean up and reputation to uphold.

 

Dale Banister stated that nothing good has ever come from liquor except heartache and deaths.

 

Chairman Dorsey called for the vote. Commissioners Banister and Burdick voted to deny the license. Chairman Dorsey, Brown and Oglesby opposed.

 

Chairman Dorsey entered a motion to approve the beer and wine application. Commissioner Oglesby provided a second to the motion.

 

Commissioner Oglesby remarked that if any complaints were filed the license would be revoked immediately. He said loud music would not be tolerated.

 

The motion carried 3-2. Commissioners Banister and Burdick opposed.

 

l.                    Literacy Center Change Order

 

No action was taken.

 

Public Comment  

 

None

 

Executive Session

          a.       Personnel Matters    

Matter was removed from the agenda.

 

Adjournment 

 

Commissioner Oglesby entered a motion to adjourn the meeting. Commissioner Brown provided a second to the motion. The motion carried 5-0.

 

 

 

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Joey Dorsey, Chairman                                     Lawana Kahn, County Clerk