Hart County Board of Commissioners
July 13th, 2004
5:30 p.m.
The Hart County Board of Commissioners met July 13th, 2004 at 5:30 p.m. in the Hart County Administrative & Emergency Services Center.
Chairman Daniel Reyen presided with Commissioners R C Oglesby, Randy Banister, Ricky Carter and Joey Dorsey in attendance.
Chairman Reyen called the meeting to order at 5:30 p.m.
Chairman Reyen welcomed those in attendance.
Commissioner Banister offered prayer.
Everyone stood in observance of the Pledge of Allegiance.
Commissioner Oglesby entertained a motion to amend and approve the agenda as follows:
Old Business add item b) Jay Earle-Peer Review Analysis
Add Executive Session a) Personnel Matters
Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to approve the minutes of the meetings held June 22, 24 and 30, 2004 as amended. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
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County Attorney Walter Gordon reported that the U.S. Department of Justice has no objection to moving the Bowersville Voting Precinct to the Community Center.
Chairman Reyen reported that the Board office has been notified of a beer and wine license holder that has been charged with selling beer/wine to a minor.
Attorney Gordon advised the Board that they can wait for the criminal process to take place or they could arrange to hold an administrative hearing to discuss the matter.
IA Jon Caime reported that the Georgia Environmental Protection Division announces its intent to issue initial Title V Operating Permits Renewals for Hartwell Energy Facility. The comment period deadline for public hearing request expires July 24, 2004.
IA Caime reported that he will be scheduling budget meetings in the next few weeks.
IA Caime also reported that he has received complaints about the telephone service at the Jail facility.
Commissioner Dorsey entertained a motion to impose a temporary suspension on telephone service in the day rooms until further investigation. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.
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Commissioner Carter requested a work session with the Recreation Advisory Board. IA Caime responded that Recreation issues will be discussed during the budget work sessions.
Commissioner Dorsey remarked that Mayor Beasley has spoken to him about the Service Delivery Strategy and that the issue needs to be kept on the "front burner".
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a) Board Appointments
Commissioner Oglesby entertained a motion to reappoint Alice Worthan to the RDC Community Service Board for a three year term expiring June 30, 2007; reappoint Janelle Fleming DFACS Board for a five year term expiring June 30, 2009; Darby Welborn RC&D Council for a one year term expiring December 31, 2004; William Chafin GA Mtns. RDC for a one year term expiring June 30, 2005; and to advertise for the remainder of the positions that have not been filled. Commissioner Banister provided a second to the motion. The motion carried 5-0.
b) Jay Earle - Peer Review Analysis
Mr. Earle representing the Hart County Property Owners Association thanked the Board for allowing him to present the recommendations from the results of the Peer Review. He reported that the recommendations presented would be of very little cost to the taxpayers. He also reported that the second section of the report was not addressed by the Peer Review.
Mr. Earle requested that the Board review their recommendations.
The Board agreed to hold a work session July 27th, 2004 at 5:30 p.m. with the Board of Tax Assessors and Chief Appraiser Crossley to further discuss the Peer Review.
a) Comprehensive Land Use Plan, Service Delivery Strategy, Solid Waste Management Plan Consultant Award
IA Caime announced that the Service Delivery Strategy is due into the Department of Community Affairs by December 31st, 2004. He announced that the City of Bowersville and Hartwell are doing their own Comprehensive Land Use Plan.
IA Caime announced that the county received four proposals as follows:
Moreland Altobelli Associates Inc Solid Waste Management Plan $12,000; Hayes James & Associates Comprehensive Land Use Plan $60,000 Service Delivery Strategy $10,000; GA Mtns. RDC Comprehensive Land Use Plan $70,672/SDS $15,269 and Solid Waste Management Plan $12,000.
Commissioner Carter remarked that the Comprehensive Land Use Plan is goals for the next ten years. Therefore, why pay someone $70,000 to tell the county where we're going to be in ten years.
IA Caime remarked that there is a lot of planning involved in the process and that the county does not have the staff to handle it. He recommended that the Board consider awarding the Solid Waste Management Plan.
Commissioner Carter asked what services the county is receiving from the RDC for the funds they receive annually.
Chairman Reyen asked if the current Comprehensive Land Use Plan is that much out of date. Commissioner Banister responded that we could use the current plan as a model.
Linda Godfrey remarked that the development process is very time consuming and it has to meet the DCA requireme nts.
Commissioner Oglesby entertained a motion to hold a work session to discuss the matter. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
b) Max Saver Request for tentative Beer & Wine Approval
Curran Smith, DBA Max Saver, Inc. located on Highway 29N, remarked that he is planning to extend the building entrance to reach the distance requirement set forth in the Beer & Wine License Ordinance. He requested a tentative approval from the Board for the purpose of an off-premises beer and wine license.
Commissioner Oglesby, Chairman Reyen and Commissioner Dorsey responded that if Mr. Smith met all the requirements according to the Ordinance the Board would have to consider the application.
Commissioner Banister responded to Mr. Smith’s request to make sure he gets all the information that he needs and stated there are other issues the county is aware of pertaining to Max Saver.
c) Discussion on Policy for issuing Tax Refunds
Interim Administrator Caime distributed to the Board a copy of a tax refund request.
Commissioner Oglesby entertained a motion to develop a policy for issuing tax refunds.
Chairman Reyen remarked that the request should go to the Board of Tax Assessors, the Tax Commissioner then to the Board of Commissioners for final approval.
Mrs. Warren remarked that in a recent meeting Margaret Crossley said there wasn’t a refund request form.
Commissioner Carter remarked that he is under the impression that the Board of Commissioners could disperse funds. Attorney Gordon responded that in course of the process the Tax Assessors and the Tax Commissioner are involved and that the BOC is not bound to concur with either party.
Commissioner Carter asked if anyone that was overcharged have to come before the BOC. Attorney Gordon responded that corrections and errors result in an adjustment with the tax assessment and only after payment has been made that it comes before the BOC.
Commissioner Dorsey entertained a motion that the Chairman of the Board of Tax Assessors, the Tax Commissioner and the County Administrator develop a procedure to issue tax refund request. The vote carried 5-0.
d) Discussion on Date of Setting Millage Rates
IA Caime reported that he is of the opinion that the August 1st deadline to submit the digest to the Department of Revenue is set up to coincide with the State’s fiscal year.
Chairman Reyen entertained a motion to request an extension from the Department of Revenue and proceed with the budget process. Commissioner Banister provided a second to the motion. The motion carried 5-0.
e) Discussion on Recreation Department drink & vending machine agreement
IA Caime reported that the former Recreation Director signed a ten year contract with Pepsi in 1999 and the we have not been able to locate where the contract was brought before the BOC for approval.
Former Board members Don Burdick and Joel Moore responded that they remember that the subject was discussed before the BOC.
Commissioner Oglesby entertained a motion to table the matter until further research. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
f) Section 5311 Public Transit Resolution – funding 2005
Senior Center Director Linda Godfrey reported that the resolution is a formality that the DOT requires in order to fund the transportation program each year.
Commissioner Oglesby entertained a motion to adopt the resolution and allow the chairman to execute the document. Commissioner Carter provided a second to the motion. The motion carried 5-0.
g) Beer & Wine application – Hina Dhanani DBA Royal Food Store #4
Commissioner Banister voiced his concern that every year the store changes hands.
Commissioner Banister entertained a motion to approve the beer and wine application to Ms. Dhanani. Commissioner Carter provided a second to the motion. The motion carried 5-0.
h) Jack Quinn – Discuss funding for the Literacy Center
Mr. Quinn requested $20,000 funding for the Literacy Center to offset costs. He remarked that volunteers are providing their time to help out at the Center.
Commissioner Oglesby entertained a motion to consider the request during the budget process. Commissioner Banister provided a second to the motion. The motion carried 5-0.
Howard Holt remarked that he has seen a drastic decline with the Board of Tax Assessors office. He stated that he has been overcharged for nine years on a home that he has owned for seventeen years. He reported that he has asked for a timely response from Ms. Crossley on a request for a refund and finally received a letter from her June 7 with forms to complete. He said that he has been overtaxed by Ms. Crossley and that according to the DOR the county can not go back and refund taxes more than three years.
a) Personnel Matters
Commissioner Oglesby entertained a motion to exit into executive session to discuss personnel matters. Commissioner Dorsey provided a second to the motion. The motion carried 5-0. The resolution and affidavit is recorded in the minutes book.
With no further action taken during executive session, Commissioner Dorsey entertained a motion to exit executive session. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to adjourn the meeting. Commissioner Carter provided a second to the motion. The motion carried 5-0.
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Daniel W. Reyen, Chairman Lawana Kahn, County Clerk