Hart County Board of Commissioners
December 14th, 2004
5:30 p.m.
The Hart County Board of Commissioners met December 14th, 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.
Chairman Reyen welcomed those in attendance.
Rev. Terry Meeks offered prayer.
Everyone stood in observance of the Pledge of Allegiance.
Commissioner Oglesby entertained a motion to remove the Yacht Club and BSC Pantry from the agenda, add and approve the meeting agenda as follows:
Add Old Business item c)Vanna Country Store/Beer & Wine license
Add New Business items r)Della Payne Road; s) Musket Trail
t) Email notices - Codification (Section 266 & 267)
Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to place BSC Pantry on the January 11, 2005 meeting agenda and place the Yacht Club back on the meeting agenda. Commissioner Banister provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to approve the minutes as amended. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
· Adoption of the Public Defender Contract
Public Defender Joel Shiver explained that the
State of
Commissioner Oglesby entertained a motion to approve the Public Defender's Contract for the period of January 1st, 2005 through June 30th, 2005. The contract supercedes the funding agreed upon in June 2004 as evidenced by the Resolution. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
County Attorney Gordon thanked Public Defender Shiver for his very efficient explanation of the contents of the contract.
Attorney Gordon noted that Chairman Reyen has requested that he research an ordinance for Non-Consensual Towing.
Attorney Gordon noted that it has been his pleasure to work with Commissioner Banister as well as the rest of the BOC. He commended Commissioner Banister for his efforts while serving on the Board for the past four years and presented him with a plaque.
County Administrator Jon Caime reported the holiday schedule for the Transfer Station as follows: Closed December 23, 24, 25 and 31 and January 1. The Convenience Centers will be closed December 25, 25 and January 1.
Band Director Donna Sanders requested the use of the amphitheater area on the courthouse grounds for the Middle School Band performance prior to the Christmas parade.
Commissioner Oglesby entertained a motion to grant the use of the amphitheater area for the Middle School Band performance. Commissioner Banister provided a second to the motion. The motion carried 5-0.
Chairman Reyen reported that Tax Commissioner elect Burl Pierce has requested an independent audit for the Tax Commissioners' office at the end of December 31, 2004.
Commissioner Dorsey noted that it is a common practice to perform an independent audit when a constitutional officer leaves office. He entertained a motion to grant an independent audit be performed on the Tax Commissioners' office. Commissioner Carter provided a second to the motion. The motion carried 5-0.
Commissioner Banister noted that he appreciated working with the Chairman and the BOC members and serving the public during his tenure.
Commissioner Carter wished everyone a Merry Christmas. He asked where the BOC stand with scheduling a work session to discuss the Animal Control Ordinance. He also requested the status for tax exemption for senior citizens from the County Attorney.
County Attorney Gordon responded that he will have the Animal Control Ordinance ready to discuss in the work session and the tax exemption information will be ready for discussion by the second meeting in January.
Commissioner Dorsey noted that there are safety issues on some of the county roads that need striping and also drainage problems that need to be addressed. He also noted that the Department of Corrections has a program for purchasing inmate medical supplies at a reduced rate and that he will pass the information onto the Sheriff.
Commissioner Dorsey reported that Stephens and Franklin Counties Tax Assessors' office uses 1985 depreciation values. He noted that the value is set at the discretion of the Assessors. He reported that he will have the qualified sales information for the years 2001-2003 ready by the first meeting in January.
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a) County Extension Service Personnel Requests-Charles Rice
County Administrator Caime reported that upon the retirement of the Secretary of the Extension Service the Department will have $3,430.00 that will not be used to provide for the position. He noted that the personnel are not on the county's pay plan to receive pay increases in two year increments. Therefore, he recommended that the remaining funds be used to apply the pay incentive program and nine additional hours per week for the part time secretary.
Commissioner Banister entertained a motion to approve the pay plan effective January 1, 2005. Commissioner Carter provided a second to the motion. The motion carried 5-0.
b) Holt Tax Refund Request
Chairman Reyen noted that Mr. Holt has been taxed seven years in arrears for a dock that is deemed by the Board of Assessors as real property.
Chairman Reyen entertained a motion to refund Mr. Holt $435.41. Commissioner Carter provided a second to the motion.
Tax Assessor Don Burdick noted that according to the Department of Revenue you could not tax individuals in arrears for seven years on real property.
Commissioner Dorsey reported that the BOA voted to deny Mr. Holt's refund request. Assessor Burdick responded that the majority of the BOA voted to deny the refund request in opposition to State law. He concluded that the denying the request would be opening the county up for a lawsuit by the individual.
Ben Fant clarified that the law Mr. Burdick was referring to applies to property currently on the digest and why would they allow someone to get away with not paying for a dock. Assessor Burdick responded that according to Vickie Lambert of the DOR once the digest is approved you can't go back seven years and tax someone.
Commissioner Banister entertained a motion to remove the item from the table. Commissioner Carter provided a second to the motion. The motion carried 5-0.
Chairman Reyen entertained a motion to approve Mr. Holt's tax refund request of $435.41. Commissioner Carter provided a second to the motion. The motion carried 5-0.
c) Vanna Country Store - Beer & Wine License
Commissioner Carter entertained a motion to hear the request for Vanna Country Store owner. Commissioner Banister provided a second to the motion. The motion carried 5-0.
Commissioner Carter asked Attorney Gordon since the beer and wine application was previously denied if the owner will have to wait twelve months before making application again. Attorney Gordon responded that the twelve month rule would not apply since this is an appeal hearing.
Shiekh Sadiq, owner of the Vanna Country Store, appealed to the BOC approve the beer & wine license and provided documents of proof of purchase of the store.
Commissioner Carter noted that he previously stated that if the applicant had purchased the store the BOC could not go back on what the previous owner was charged with to deny the application.
Commissioner Banister noted that he wanted proof of the real estate transaction and the status of the employment of the individuals that was charged with selling alcoholic beverages to a minor.
Commissioner Oglesby entertained a motion to approve the beer and wine license effective January 1, 2005. Commissioner Dorsey provided a second to the motion.
The previous owner of Vanna Country Store reported that he was never arrested and was not guilty of the charge.
Chairman Reyen asked what the status of the other individual that was charged for selling alcoholic beverages to a minor. Mr. Sadiq responded that the individual is currently employed until someone else is trained to fill her position.
Attorney Gordon noted that his brief review of the documents appears that he is leasing the building from Daniel McGarity and documentation supporting the purchase of inventory.
The motion carried 5-0 to approve the beer and wine license for Vanna Country Store effective January 1, 2 005.
a) Board Appointments
Commissioner Banister entertained a motion to re-appoint Dr. Max Daughtry to serve on the Board of Health for a six year term. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.
No action was taken to replace Dr. Gordon Irwin on the Board of Health.
Commissioner Carter entertained a motion to re-appoint Bill Leard and Jack Edmunds to serve on the Joint Development Authority for a four year term. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
Commissioner Dorsey entertained a motion to re-appoint Kenneth Fleming and Darby Welborn to serve on the Resource and Conservation Development Council for a one year term. Commissioner Banister provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to re-appoint Jimmy White, Derek Cobb and Lenford Smith to serve on the Recreation Advisory Board for a two year term. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
Commissioner Banister entertained a motion to appoint Chairman Reyen to serve on the GA. MTNS. RDC - Regional Board. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to re-appoint Randy Combs and William Fogerty to serve on the Board of Tax Assessors for a three year term. Commissioner Dorsey provided a second to the motion.
Ben Fant recommended re-appointing Randy Combs since he has completed the necessary training and had performed an admiral job. He noted that the articles in The Hartwell Sun has been carefully engineered by the Property Tax Association alleging that something is terribly wrong with the BOA office. He noted that the BOC should pay attention to statements made by President of the Property Tax Association Jay Earle and they should never allow people to gain control of any office or any board to have things their way.
He also noted that Don Burdick and Bill Fogerty have done everything they could to undermine Mr. Combs' authority.
Pete Nagele noted that Mr. Combs is a decent God fearing man but he has failed in his duties as Chairman of the BOA. He suggested that the BOC appoint someone that has a desire to set clear guidelines and make sure that the guidelines are uniformly administered. He noted that he has listed a series of points where Mr. Combs has failed in performing his duties. He pointed out serious management deficiencies and a qualified individual has not been hired to fill the position the approved by the BOC. He also noted that the BOA has failed to take action on recommendations from the Peer Review Board. He concluded that there is a complete loss of trust in the ability and integrity of the BOA office.
Jay Earle, President of Hart County Property Owners Association, noted that he has pointed out what needs to be done in the Assessors office and that all he has wanted is a fair and equitable tax system for the residents of the county.
Rev. Lonnie Robertson requested that the BOC re-appoint Mr. Combs and that they should not allow a group to strong arm them about the appointment.
Assessor Anne Thompson noted that Mr. Combs is a knowledgeable person, well educated and concerned about the duties as a member of the BOA. She noted that Mr. Combs is a leader and has exhibited that he can do everything a leader should do. She asks that the BOC consider re-appointing Mr. Combs to the BOA.
Assessor Don Burdick took exception to Mr. Fant's statement implying that he is siding with the Property Tax Association. He reported that most of the applicants that applied for the newly created position in the BOA office were turned down 3-2. He said that the BOA is charged by law to employ personnel in the office to perform the day to day operations.
Assessor Burdick noted that Mr. Fogerty’s comments to Ms. Crossley were not intended to be sexual remarks. He said Mr. Fogerty is an honorable man and he hated to see his character on the line. He also noted that it has been reported that Mr. Fogerty is going in the Tax Assessors' office and getting copies of property cards and given them to people.
Ben Fant noted that Mr. Nagele is not a property owner in the county however, his wife is. He responded to Mr. Burdick’s comment about what Mr. Fogerty said to Ms. Crossley in a "loving way", he noted that the U.S. Department of Justice says those types of comments are very wrong.
Chairman Reyen called for the vote to re-appoint Randy Combs and William Fogerty to serve on the BOA for a three year term.
Commissioner Dorsey noted that they need to appoint one member to the BOA from each commissioner district. He noted that a lot of issues have been from District 2 and most of them have been personality conflicts. He suggested that 2005 should be started out with new beginnings and put personality conflicts behind them.
Commissioner Banister noted that he has analyzed the situation and he has always recommended letting the process work. He noted that there are two sides to every story. He also stated that the BOC has a responsibility to appoint individuals on the BOA who can get the job done and that his vote tonight is based on what is right.
Chairman Reyen called for a vote. The vote failed 2-3 (Chairman Reyen, Banister and Carter opposed).
Commissioner Carter entertained a motion to appoint Roy Segars and re-appoint William Fogerty to serve a three year term on the Board of Tax Assessors. Commissioner Banister provided a second to the motion. The motion carried 3-2 (Commissioners Oglesby and Dorsey opposed).
Chairman Reyen noted by virtue of their position in life people in District 2 have more time to serve on the BOA. He also noted that they need someone from the agricultural community however; a successful farmer doesn't have time to serve on the board.
Roy Segars noted that he is not a member of the Property Owners Association or does not have any allegiance to any organization. He stated that he wants to treat everyone with respect and fairly.
The Chairman called for a brief recess. After the recess the meeting convened.
b) Request for Prior Year Experience Credit for Sheriff Deputy
Commissioner Oglesby entertained a motion to grant Deputy Joey Smith seven years experience retroactive to date of hire. Commissioner Carter provided a second to the motion. The motion carried 3-0. (Commissioners Banister and Dorsey were absent).
c) Adoption of Service Delivery Strategy
Discussion was deferred until the full board was present.
d) Approval of Comprehensive Land Use/SW Mgt. Plan/Mapping Proposal - Intern (s)
County Administrator Caime reported that he is seeking to hire a Master Degree Clemson City & Government Planning Department Student to help update the Comprehensive Land Use plan at approximately $3,000. He is also seeking other interns to help with this plan, solid waste management plan and mapping needs. He requested $10,000 in funding to hire interns for these needs.
Commissioner Oglesby entertained a motion to amend the budget to provide funding for the Intern(s). Chairman Reyen provided a second to the motion. The motion carried 4-0. (Commissioner Banister was absent).
e) Bid Award - Rec Project (Landscaping)
Commissioner Oglesby entertained a motion to award and negotiates to Tallent Lawn Care. Commissioner Dorsey provided a second to the motion. The motion carried 4-0. (Commissioner Banister was absent).
f) Bid Award - Rec Project (Grading)
Commissioner Oglesby entertained a motion to award the grading project to B&M Grading Co. Commissioner Dorsey provided a second to the motion. The motion carried 4-0. (Commissioner Banister was absent).
g) Bid Award - Rec Project (Sewer)
Commissioner Oglesby entertained a motion to award the sewer project as designed to Ethridge Backhoe. Commissioner Dorsey provided a second to the motion. The motion carried 4-0.
h) Bid Award - Audit Services
Commissioner Oglesby entertained a motion to award the audit contract to Wayne I. Bowen, CPA firm. Commissioner Carter provided a second to the motion.
Chairman Reyen noted that there have been some problems with time receiving the FY03 audit results due to changes in requirements with GASB34 requirements and internal problems in the CPA office. Mr. Bowen responded that GASB34 is behind them and he has hired three new people to replace a fifteen year experience person in his office. The vote carried 5-0 to award the audit contract to Wayne I. Bowen CPA firm.
c) Adoption of Service Delivery Strategy
County Administrator Caime explained that the BOC has been working with the City of Hartwell for four months and has not come to an agreement. He recommended moving forward and take action to accept the SDS along with the City of Royston to remain in compli ant.
Administrator Caime noted that if the agreement is not reached with the City of Hartwell we will not be eligible for any grant funds in the future.
Commissioner Carter asked what happens if the City of Hartwell doesn't sign the agreement. Administrator Caime suggested that they wait to see what action the City takes next week.
Commissioner Oglesby entertained a motion to move forward with the SDS. Commissioner Banister provided a second to the motion. The motion carried 5-0.
i) Ruth Calcutt Tax Refund Request
Commissioner Oglesby entertained a motion to grant a tax refund request that was approved by the BOA and Tax Commissioner, to Ms. Calcutt due to a duplicate to subdivision lots for the years 2001 and 2002. Commission Dorsey provided a second to the motion.
Commissioner Carter asked where the funds come from for tax refunds. Attorney Gordon explained that the funds come from unremitted collections from the Tax Commissioners' office.
The motion carried 5-0.
j) Bonita Maly Tax Refund Request
Commissioner Dorsey entertained a motion to deny Ms. Maly's tax refund request. Commissioner Banister provided a second to the motion, which was also denied by the BOA.
BOA William Fogerty reported that they didn't submit a return in personal property for 2001 and 2002 that she was requesting the refund for.
The motion carried 5-0.
k) Bid Opening - Recreation Basketball Uniforms
After the two bids were opened, Commissioner Oglesby entertained a motion to turn them over to the Recreation Director for review. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
l) Bid Opening - Sheriff Vehicles
After opening the bids from James Short Ford, Ed Murdock, Rome Ford, Virgil and Brennen Ford, Commissioner Oglesby entertained a motion to defer the bids to the County Administrator and Sheriff for review. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
Recreation Director Lawanda Curry reviewed the basketball uniform bids and made a recommendation to award the bid to Royal Graphics. Commissioner Oglesby entertained a motion to award the bid to Royal Graphics. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
m) Bid Opening - Courthouse Architectural Proposals
After opening the bids from The Howell Group, Precision Planning Inc and Clark, Commissioner Oglesby entertained a motion to defer the bids to the County Administrator for review. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
n) Beer & Wine License
Commissioner Oglesby entertained a motion to approve the beer & wine license for the Hartwell Golf Club. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to approve the beer & wine license for The Members Only. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to deny the beer & wine license for The Yacht Club, due to non-compliance with the Alcoholic Beverage Ordinance. Commissioner Banister provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to approve the beer & wine license for Dad's Mini Mart. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to approve the beer & wine license for Lakeside Food Mart, M&M Food Mart & Nuberg Food Mart. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to approve the beer & wine license for Royal Food Stores #3,#4, #5 and Skelton Grocery. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to approve the beer & wine license for Leon Farmer & Co. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to approve the beer & wine license for RD&K Mini-Mart. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
o) Resolution Authorizing Volunteer Fire Fighters & Rescue Workers to be covered under Workers' Compensation
Commissioner Carter entertained a motion to adopt the resolution authorizing Volunteer Fire Fighters & Rescue Workers to be covered under the county's Workers' Compensation. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.
p) Resolution Authorizing Elected Officials to be covered under Workers' Compensation
Commissioner Oglesby entertained a motion to adopt the resolution authoring Elected Officials to be covered under the county's Workers' Compensation. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
q) Speed Detective Device Permit Renewal
Commissioner Oglesby entertained a motion to adopt the Speed Detective Device Permit Renewal. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
r) Della Payne Road (CR149)
Administrator Caime explained that this small portion of Della Payne Road from Airline Golmine Road to Redwine Church road was never abandoned by the County and has been continuously maintained. This road also appears on the GADOT map and has a GADOT county road number. Commissioner Oglesby entertained a motion to this section of Della Payne Road to the county's official road inventory. Commissioner Dorsey provided a second to the motion. The motion car ried 5-0.
s) Musket Trail
Commissioner Oglesby entertained a motion to adopt Musket Trail into the county road inventory with a sixty-foot right-of-way. Commissioner Dorsey noted that the county should acquire core results before adopting it into the system.
Attorney Gordon noted that the road was built with 4" of base and has 60' right-of-way. He said he has been approached by a number of individuals requesting the road be adopted into the county road system.
Commissioner Banister provided a second to the motion to adopt Musket Trail into the road inventory system. The motion carried 4-1(Commissioner Dorsey opposed due to he didn't get a chance to review the road).
t) Email Notice Codification
Commissioner Banister entertained a motion to amend the County's ordinance to provide notification of meetings via Email as a requirement as the 1st reading. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.
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Commissioner Oglesby entertained a motion to adjourn the meeting. Commissioner Banister provided a second to the motion. The motion carried 5-0.
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Daniel W. Reyen, Chairman Lawana Kahn, County Clerk