Hart County Board of Commissioners

July 8th, 2003

5:30 p.m.

 

The Hart County Board of Commissioners met July 8th, 2003 at 5:30 p.m. in the Hart County Administrative & Emergency Services Center.

 

Chairman Randy Banister presided with Commissioners R C Oglesby, Daniel Reyen, Ricky Carter and Joey Dorsey in attendance.

 

  1. Call to Order

Chairman Banister called the meeting to order.

 

  1. Welcome

Chairman Banister welcomed those in attendance.

 

  1. Prayer

Chairman Banister offered prayer.

 

  1. Pledge of Allegiance

Everyone stood in observance of the Pledge of Allegiance.

 

  1. Approve Agenda

Commissioner Reyen entertained a motion to amend and approve the meeting agenda as follows:

            Remarks by Invited Guests, Committees, Authorities

a)      Ga. Trend Discussion-Ginger Johnson

New Business

a)  Noise Ordinance Discussion

f)        Moss Subdivision

g)       Northstar Subdivision

h)       Flood Plain Ordinance - 1st Reading

Public Comment

Remove item a

 

Commissioner Carter provided a second to the motion. The motion carried 5-0.

 

  1. Approve Minutes of Previous Meeting(s)
    • 6/24/03 Regular Meeting

Commissioner Oglesby entertained a motion to approve the minutes of the meeting held June 24th, 2003. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

  1. Remarks by Invited Guests, Committees, Authorities

a)  Georgia Trend Discussion - Ginger Johnson

 

Ginger Johnson, representing the Chamber of Commerce, requested funds for participating in the Georgia Trend Magazine advertisement.

 

Commissioner Oglesby entertained a motion to fund $1,000 from the Economic Development account. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

  1. Reports By Constitutional Officers & Department Heads

None

 

  1. County Administrator's Report

Interim Administrator Jon Caime reported that the Beer & Wine Application for Jolin's Fish House will be discussed at the August 12th, 2003 5:30 p.m. meeting.

 

He also reported that the purchase price for the new fire trucks has increased by $3,026 per truck. Therefore, at the advice of the County Attorney the purchase of the trucks will go back out for bid.

 

  1. Chairman's Report

None

 

  1. Commissioners' Reports

Commissioner Reyen read portions of an article published in the Anderson Independent-Mail April 13th, 2003 as follows: "Residents sue over pungent odor". Neighbors are suing a rendering plant in East Dublin, claiming the nauseating odor has hurt their quality of life and diminished the value of their property. Attorney Joshua Kight said an investigation found numerous violations, including contaminating of a creek that runs through Griffin property; wastewater runs off into Bay Branch Creek, which feeds another creek that runs into the Oconee River.

 

Concluding, that Hart County does not have anything to protect the citizens of the county against such actions.

 

Commissioner Dorsey entertained a motion to install "No Parking" signs on Speedway Road adjacent to Hartwell Speedway. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.

 

  1. Consent Agenda

None

 

  1. Old Business

a)      Board Appointment, RDC

Chairman Banister entertained a motion to appoint William (Bill) Chafin to the RDC Board. Commissioner Reyen provided a second to the motion.

 

Commissioner Reyen suggested that the Board consider seeking resumes from individuals before appointing them to a board or authority. Chairman Banister remarked that individuals that serve on various Boards/Authorities do so on a volunteer basis.

 

Chairman Banister called for a vote on the appointment of Mr. Chafin. The vote carried 5-0.

 

b)      Amendment to Chapter 26, Article II Emergency Management - 1st Reading

 

Chairman Banister entertained a motion to strike the entire Section 26:34. Commissioner Reyen provided a second to the motion.

 

Commissioner Oglesby remarked that striking Sections from the Emergency Management Ordinance could take away the county's ability to receive state/federal grants. Chairman Banister remarked that the ordinance is a model ordinance and the section he is referring to is one section which should not affect grant funding.

 

Commissioner Dorsey stated that the county needs to be prepared for emergency situations.

 

Commissioner Carter stated that now is the time to clarify the ordinance and that he is opposed to the section that refers to "seize" and/or sell someone's land.

 

 

 

Commissioner Dorsey remarked that the item was discussed and voted 3-2 at the previous meeting to leave the ordinance as is.

 

EMS/EMA Director Terrell Partain remarked that the Governor has the powers to declare a state of emergency. He requested that the board be sure that the capability is still in place to cover the county legally.

 

Bob Matthews, Chairman of the Republican Party, remarked that individuals are concerned with legislation that is broadly written. He urged the board to review the ordinance very carefully and look at it at the most extreme interpretation. He said he has faith in everyone on the current board however, he would not want someone in the future to have the power to take an individuals property.

 

Commissioner Oglesby entertained a motion to table the matter and discuss it during a Work Session. Commissioner Dorsey provided a second to the motion.

 

Commissioner Carter asked individuals in the audience if they would be willing to open their doors if an emergency were declared in the county.

 

Commissioner Oglesby remarked that Commissioner Carter should not put individuals on the spot.

 

Chairman Banister called for the vote to table the matter. The motion failed 2-3 (Chairman Banister, Commissioners Reyen and Carter opposed).

 

Chairman Banister called for the vote to continue with the 2nd reading of the ordinance. The motion carried 3-2 (Commissioners Oglesby and Dorsey opposed).

 

  1. New Business

 

a)      Noise Ordinance

 

County Attorney Walter Gordon presented the draft of the Noise Ordinance and remarked that it is designed to assist local law enforcement with a tool to control disruptive and unusual noise during the hours of 10p.m.-7a/m Monday-Thursday, Midnight Friday-7a.m. Saturday, Midnight Saturday-1p.m. Sunday and 8p.m. Sunday-7a.m. Monday.

 

Commissioner Dorsey stated he has received complaints from neighbors about late night noise at Hartwell Raceway. He added that the Hartwell Raceway had a fireworks exhibit and the race did not end until 3:00 a.m. the 4th of July. His concern was not so much the noise but the late hours at the track.

 

Commissioner Reyen remarked that the ordinance does not protect the entire county and does not include the daylight hours.

 

Commissioner Dorsey entertained a motion that the reading of the ordinance be considered the 1st reading. Commissioner Reyen provided a second to the motion. The motion carried 5-0.

 

b)      Transit Authority Resolution

 

Commissioner Reyen entertained a motion to adopt the Transit Authority Resolution for 2004 DOT funding. Commissioner Carter provided a second to the motion. The motion carried 5-0.

 

c)      Subdivision - Charles Bond

 

Interim Administrator Jon Caime stated that Section 46-195 of the Land Development Ordinance prohibits flag lots.

 

Commissioner Oglesby entertained a motion to grant Mr. Bond a variance for the subdivision. Commissioner Dorsey provided a second to the motion.

 

Commissioner Dorsey reminded the Board that they granted a variance to Mr. Obloy in the Sardis community.

 

Martha Morris stated that Mr. Obloy's situation could not be compared with Mr. Bond's subdivision.

 

Ronnie Singleton stated that the ordinance appears to be designed for smaller lots.

 

Ron Brunner remarked that flag lots would not devalue property.

 

Martha Morris stated that the county needs to control growth.

 

Chairman Banister called for a vote to grant a variance. The vote failed 2-3 (Chairman Banister, Commissioners Reyen and Carter opposed).

 

d)      VOCA Grant Discussion - Tom Mullenix

 

Mr. Mullenix reported that the VOCA grant is funded by the Criminal Justice Coordinating Council and is designed to fund an investigator for child abuse and domestic violence cases. He said there would be no cost to the county and the grant funding could last up to four years.

 

Commissioner Oglesby entertained a motion to support the grant application and the position will be deleted when funds are exhausted. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

e)      Roe Road

 

Commissioner Oglesby entertained a motion to accept Roe Road into the county road system and maintain it as a dirt road. Commissioner Dorsey provided a second to the motion.

 

Commissioner Reyen entertained a motion to table the matter. The motion failed from lack of a second.

 

Chairman Banister called for a vote. The motion carried 4-1 (Commissioner Reyen opposed).

 

f)        Moss Subdivision

 

Commissioner Dorsey entertained a motion to approve Moss Subdivision. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.

 

g)      Northstar Subdivision

 

Commissioner Oglesby entertained a motion to approve Northstar Subdivision. Commissioner Dorsey provided a second to the motion. The motion failed 2-3 (Chairman Banister, Commissioner Reyen and Carter opposed).

 

h)      Flood Plain Ordinance

 

Commissioner Reyen entertained a motion to accept the Flood Plain Ordinance as the 1st reading. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.

 

  1. Public Comment

 

None

 

  1. Adjournment  

 

Commissioner Reyen entertained a motion to adjourn the meeting. Commissioner Carter provided a second to the motion. The motion carried 5-0.

 

 

 

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Randy D. Banister, Chairman                            Lawana Kahn, County Clerk