Hart County Board of Commissioners: June 24, 2003

Hart County Board of Commissioners

June 24^th, 2003

7:00 p.m.

The Hart County Board of Commissioners met June 24^th, 2003 at 7:00 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.

2. Welcome

Chairman Banister welcomed those in attendance.

3. Prayer

Chairman Banister offered prayer.

4. Pledge of Allegiance

Everyone stood in observance of the Pledge of Allegiance.

5. Approve Agenda

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

County Administrator's Report

a) Employee recognition

Old Business

e) Behavioral Health Center Lease

New Business

a) move to Public Comment

a) Communication officers pay/Sheriff's Office

Public Comment

a) Jolin's Fish House/Beer & Wine Application Discussion

Executive Session

Add Litigation

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

6. Approve Minutes of Previous Meeting(s)

· 6/10/03 Regular Meeting

· 6/16/03 Work Session

Commissioner Oglesby entertained a motion to approve the minutes of the meetings held June 10 and June 16, 2003. Commissioner Reyen provided a second to the motion. The motion carried 5-0.

7. Remarks by Invited Guests, Committees, Authorities

None

8. Reports By Constitutional Officers & Department Heads

County Attorney Walter Gordon reported that Governor Perdue has signed the Re-districting and the Nonpartisan Election for Magistrate and Probate Judge House Bills. Also reporting that both House Bills will be submitted to the Department of Justice for pre-clearance.

9. County Administrator's Report

a) Employee Recognition

Interim Administrator Jon Caime recognized the following employees that have been employed with the county over twenty-five years:

· Anne King, County Extension Svc - 30 years

· Randal Graham, EMS - 26 years

· Joanne Martin, Clerk of Superior Court - 27 years

· Robert Plymel, EMS - 28 years

· Tony Moorhead, Solid Waste - 29 years

· Margaret Crossley, Tax Assessors - 29 years

10. Chairman's Report

Chairman Banister gave a brief report on the progress of the Board of Equalization sessions.

11. Commissioners' Reports

Commissioner Reyen reported that the front page article in the Anderson Independent reads " Elbert reaches deeper into its pockets" and read the four year comparison of the total property values in Elbert & Hart counties.

He added that the county needs to protect the lake industry and that it is time to look at various methods to control future growth in the county. He said if "we don't control growth, growth will control us". He asked the other members of the board to rethink their position concerning land development issues.

Commissioner Dorsey requested a Work Session to discuss the current Subdivision Ordinance.

12. Old Business

a) Indigent Burial Policy

No action was taken on the Indigent Burial Policy

b) Invoice Payment Policy

Commissioner Oglesby entered a motion to remove the item from the table for discussion. Commissioner Reyen provided a second to the motion. The motion carried 5-0.

Commissioner Reyen entered a motion to adopt the Invoice Payment Policy. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.

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

After discussing the amendment, Chairman Banister entertained a motion to remove the ability to "seize" private property for use in paragraph 2 & 3. Commissioner Carter provided a second to the motion. The motion failed with Chairman Banister and Commissioner Carter in favor, Commissioners Oglesby, Reyen and Dorsey opposed.

d) Board appointments/DFACS, RDC

Commissioner Oglesby entertained a motion to re-appoint Dorothy Fouch to the DFACS Board. Chairman Banister provided a second to the motion. The motion carried 5-0.

Chairman Banister recommended Bill Chafin for the RDC Board. No action was taken until the board members could meet the candidate.

e) Behavioral Health Center Lease

Boyd McGlockling representing the Regional Behavioral Health District requested that the Board consider accepting a maintenance fee in lieu of rent for the new Behavioral Health facility. He reported that they currently serve seven hundred individuals in the county and they have a fixed amount of funds and if they have to spend more on the facility for rent the funds will be reduced for their clients.

Chairman Banister remarked that during the CDBG public hearing, Mr. Brown committed to paying a monthly lease in the amount of $1,900.

Mr. McGlockling stated that since Mr. Brown made the committed they would stand by the statement and pay the monthly lease amount.

13. New Business

a) Communication Officer's Pay/Sheriff's Office

Commissioner Oglesby entered a motion to change the pay grade for the communication officer's at the Sheriff's Department to be concurrent with the implementation of the re-organization of the E911 Department from a pay grade 10 to a pay grade 11 for certified officers. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

b) Contract Time Extension I-85 Industrial Park Phase 1

Commissioner Oglesby entertained a motion to extend the contract with Bearcreek Grading 90 days beyond July 13, 2003. Commissioner Reyen provided a second to the motion. The motion carried 5-0.

c) VOCA Grant Discussion

No action was taken; the individual were not in attendance.

d) Discussion-Alternative Recreation Program Planning

Al Epling discussed the possibility of looking at ideas where the YMCA and the county Recreation Department could benefit by combining services. He said that Thomas County has a very successful partnership with the YMCA and the county Recreation Department.

After discussing the matter, Commissioner Reyen entertained a motion to appoint a steering committee to research the matter. Chairman Banister provided a second to the motion. Commissioner Oglesby entertained a motion to table the matter. Commissioner Dorsey provided a second to the motion. The motion to table carried 3-2, with Commissioners Carter, Dorsey and Oglesby in favor. Chairman Banister and Commissioner Reyen opposed.

e) Approval of Budget Amendment Resolution 2003-021

Commissioner Oglesby entertained a motion to approve the budget amendment resolution to pay off the E911 equipment. Commissioner Dorsey provided a second to the motion. The motion carried 5-0. The Resolution is recorded in the minutes book.

f) Discussion on Lease/Purchase of Additional Fire trucks

Commissioner Oglesby entertained a motion to proceed with the purchase of two additional fire trucks from the FireLine Inc. and negotiate the price to stay within the bid amount of the two previous purchased trucks. Commissioner Dorsey provided a second to the motion. County Attorney Gordon is to review the legal aspects of using the same vendor without the bidding process. The motion carried 5-0.

14. Public Comment

a) Jolin's Fish House - Beer & Wine Application

Benny Cheek submitted a petition signed by 170 individuals opposing the sale of beer and wine in the community at Jolin's Fish House. He said he is concerned about what the sale of beer and wine at Jolin's Fish House would do to the neighborhood. He remarked that there are children in the neighborhood, elderly individuals and they also have a boat ramp. He voiced his concern with vandalism and that they would need the Sheriff's Department to patrol the area more frequently.

Mr. Cheek also voiced his concern with the Section of the County Ordinance 6-46(5) pertaining to the nature of and effect on the neighborhood adjacent to the business and (e) the front entrance to the building is clearly visible from a street, road or highway and the front of the building shall have a window. He said he is a concerned citizen and Whippoorwill Circle is a quiet respectable neighborhood.

Mrs. Sue Taylor remarked that the lake is the most important asset the county has and that she lives across from the Thunder Valley Motocross track. She reported that she is supporting Mrs. Caudell's request for a beer and wine license. She added that the sale of beer and wine at Jolin's Fish House would not devalue property in the area.

Colleen Boling, daughter of Benny Cheek, said she can not imagine living next door to an establishment that sells alcohol. She said that the county should have zoning to protect residential neighborhoods.

Andy Dove opposed issuing a beer and wine license for Jolin's Fish House remarking that Whippoorwill Circle is a curved road and individuals walk in the area. He stated Applebee's and Fletcher's serve alcohol, but they don't serve it in a residential area. He commended Mr. Singleton served good food and treated people fairly.

Joe Brandenburg said that the Commissioners have the responsibility to go by the law. He added that he is supportive of issuing a beer and wine license to Mrs. Caudell's family oriented restaurant.

Hazel Singleton presented the Commissioners with a petition of names in favor of the beer and wine licenses. She asked the Commissioners to define a "neighborhood". She said she felt it should be defined as a one mile radius, not Lavonia, South Carolina or Toccoa. She said she has pulled tax cards from the area and she couldn't locate individuals on the petition Mr. Cheek presented.

Mrs. Singleton said Mrs. Caudell has purchased the business and is leasing the property and it would be at her best interest to preserve the neighborhood. She added that Jolin's is open three evenings a week and it is not a good idea to walk in the area during the days the restaurant is open. She also stated that they chose what would have the least negative effect on the neighborhood for the usage of the building.

Commissioner Reyen asked Mrs. Singleton where they live and if they have any desire to live near a beer joint. Mrs. Singleton responded that they live within thirty to forty feet of Jolin's and that the restaurant should continue to be a respectful place. Adding that they have the option not to renew the lease with Mrs. Caudell if it is not being run according to standards.

Frances Bratcher asked Commissioner Reyen if he considers Catachee or Applebee's a beer joint.

Ronnie Singleton stated that he owns the building and Linda Caudell owns the business. He also stated that the entrance to the facility is clearly visible from the road. He added that Dad's Restaurant does not have a door that is visible from the road.

Attorney Gordon remarked that the visibility of the entrance to a facility has not been clarified by the court. He urged the Board to be consistent. However, the Board does have the right to grant a variance if they chose to. He said the larger issue is if the premise complies with the county ordinance. He also remarked that the county ordinance can be interpreted several different ways and that it needs to be revised.

Commissioner Reyen remarked that the spirit of the ordinance is to urge compliance.

Chairman Banister remarked that the ordinance is not restrictive and the effect could be on anybody and that part of the ordinance involves public input. Adding that the location of the business is a factor.

Attorney Chan Caudell, representing applicant Linda Caudell, remarked that the facility is not going to have neon signs but will be a "classy" restaurant on the lake.

Commissioner Carter asked Mrs. Caudell if the business is successful will she move to the county and would she live in the home behind the restaurant?

Mr. Singleton responded that it would not be feasible to split the real estate the way the property is laid out with water on one side of the road and sewage on the other. He said he would have to sell his home along with the building.

16. Executive Session

Commissioner Oglesby entertained a motion to exit into Executive Session to discuss personnel and litigation matters as required by O.C.G.A. 50-14-2, 50-14-3 and 50-14-4(b). Commissioner Reyen provided a second to the motion. The motion carried 5-0. The resolution is recorded in the minutes book.

With no further action taken during Executive Session, Commissioner Reyen entertained a motion to exit Executive Session and convene the regular meeting. Commissioner Dorsey provided a second to the motion. The motion carried 4-0. (Commissioner Oglesby left the meeting during Executive Session)

Commissioner Dorsey entertained a motion to move the Solid Waste Director from a pay grade 20 to pay grade 21 and to add two years of service to his pay. Also to keep the Road Superintendent and the Recreation Director salaries stable and to increase the Maintenance Shop Director four years of service to his pay. Commissioner Reyen provided a second to the motion. The motion carried 4-0.

17. Adjournment

Commissioner Dorsey entertained a motion to adjourn the meeting. Commissioner Carter provided a second to the motion. The motion carried 4-0.

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Randy D. Banister, Chairman Lawana Kahn, County Clerk