Hart County Board of Commissioners
April 13th, 2004
5:30 p.m.
The Hart County Board of Commissioners met April 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.
Chairman Reyen welcomed those in attendance.
Commissioner Banister offered prayer.
Everyone stood in observance of the Pledge of Allegiance.
Commissioner Dorsey entertained a motion to amend and approve the meeting agenda as follows:
Item #8 add Probate Judge discussion & possible action on changing polling places
Remove Item 14 a) Tax Commissioner Receiver Fees
Item # 14 g) Fire Department turnout gear
14h) Food Stamps
Commissioner Banister provided a second to the motion. The motion carried 5-0.
Commissioner Dorsey entertained a motion to approve the minutes as amended. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.
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Judge Smith announced that the City of Bowersville has agreed to lease the Community Center to the county as an official polling place as the Bowersville Voting Precinct. He said that the current voting place is small and does not have adequate parking; therefore, the community center is much more practical to use. He also stated that if Reed Creek Baptist Church agrees the Reed Creek Voting Precinct could be moved to the Reed Creek Community Center.
Commissioner Oglesby entertained a motion to approve the lease agreement. Commissioner Dorsey provided a second to the motion. The motion carried 5-0. The lease agreements if approved by the City of Bowersville and Reed Creek Baptist Church are recorded in the minutes book.
Probate Judge Smith also stated that he is concerned with the continuing cost to cover utilities at the National Guard Armory Polling Precinct. Commissioner Oglesby entertained a motion to support Judge Smith investigating the matter with the National Guard to reduce the cost of utilities. Commissioner Banister provided a second to the motion. The motion carried 5-0.
Attorney Walter Gordon stated that the U.S. Department of Justice must be notified sixty-days prior to election of any changes.
Attorney Gordon reported that there have been major changes in the State law for counties seeking to renew the Special Purpose Local Option Sales Tax.
IA Jon Caime read a letter from Tax Commissioner Phil Hix's Attorney Mayes Davison. He stated that Mr. Hix wishes to tender $18,191.95 into the registry of the Hart County Commissioners to be held in escrow pending an accounting of the receiver fees he collected. No action was taken.
IA Caime announced that the Board of Tax Assessors will be presenting their plan of action from the results of the Peer Review Committee. He also announced that the City of Hartwell has approved relocating the utilities at the new Recreation site.
IA Caime reported that the Board/Authority appointment schedule is in the notebooks for review.
Chairman Reyen entertained a motion to proceed with advertising the positions. Commissioner Banister provided a second to the motion.
Commissioner Oglesby entertained a motion to reappoint Fort Oglesby, Pat Goran and Jerry Cleveland to the Water & Sewer Utility Authority.
Commissioner Carter requested a list of information on all the Boards.
Chairman Reyen stated that there is value in advertising because it let's people know that it's part of their county government.
Commissioner Banister entertained a motion to table the matter.
Attorney Gordon advised the board to proceed with the appointments to the Water & Sewer Authority.
Commissioner Oglesby questioned why the position for the Tax Assessors' office is not on the list. Commissioner Carter responded that they are looking for someone from the farming community. Commissioner Dorsey remarked that he would prefer to have someone from each district.
Commissioner Banister remarked that it is a good policy to advertise for
Board/Authority positions and withdrew the table.
Commissioner Oglesby suggested sending registered letters to current members and asks if they are still willing to serve another term.
Chairman Reyen called for the vote to advertise the positions. The vote carried 3-2 (Commissioners Oglesby and Dorsey opposed).
Chairman Reyen called for the vote to re-appoint Fort Oglesby, Pat Goran and Jerry Cleveland to the Water & Sewer Utility Authority.
Commissioner Banister remarked that in the future to go forward with the 90 day policy.
The vote carried 5-0.
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Commissioner Oglesby remarked that the courthouse grounds need immediate attention. IA Caime responded that plans are to have detainees work with the Master Gardeners on the project. However, he does not have any plans to replace the dead plants.
Mary Alice Applegate reported that there are several older trees around the square that needs removing.
Commissioner Dorsey remarked that the plants that were part of the DDA project should be under warranty and if so they should be replaced at no cost to the county.
Commissioner Banister announced that he will seek re-election for District #3 in the upcoming election.
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a) DDA use of Courthouse Grounds-Mary Alice Applegate, DDA Director
Ms. Applegate remarked that Ext. Director Charles Rice suggested the county adopt a policy for the public's use of the courthouse grounds. She said Mr. Rice expressed concerns that if the lawn was wet from recent irrigation (or rain), and an event was held on the lawn on the same day, the possibility of extreme compaction of the turf could negatively effect the lawn. Therefore, in effort to follow to follow his recommendations, the Arts in Hartwell Festival will not set up any tables or booths on the lawn they will use the hard surface areas.
Chairman Reyen entertained a motion to approve the use of the hard surface areas around the courthouse for the Arts in Hartwell Festival. Commissioner Banister provided a second to the motion. The motion carried 5-0.
Commissioner Carter asked IA Caime to get with Charles Rice to come up with a policy.
b) DHR Board Appointment Discussion & Possible Action
Chairman Reyen entertained a motion to proceed with advertising for the appointment. Commissioner Banister provided a second to the motion. The motion carried 5-0.
a) Tax Commissioner Receiver Fees Discussion & Possible Action removed from the agenda.
b) Bid Award-Phase 1b I-85 Construction
Commissioner Dorsey entertained a motion to award the bid to Zeigler and to amend the budget as necessary. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.
c) Bid Award-Groundwater Consulting Services
IA Caime recommended awarding the bid to Goldie & Associates. After discussing the matter, Commissioner Dorsey entertained a motion to table the matter. Commissioner Carter provided a second to the motion. The motion carried 5-0.
Jim Anton of Hayes, James & Associates (HJA) reported that the firm's history with the county landfill dates back to 1999 when they was selected to perform subsurface investigations and recommend changes to the ground water and surface water monitoring program. He remarked that the EPD wants continuality. He added that the county could reduce the cost of their proposal by eliminating some task that they included in their bid.
Commissioner Carter asked if HJC did away with some of the services would it be flexible to meet the county's needs. Mr. Anton responded that they would still be able to meet the requirements of the EPD.
Chairman Reyen called for a vote to table the matter. The vote carried 5-0.
d) Bid Award - Tandem Truck Road Department
IA Caime recommended Peach State Ford's bid of $60,634 and to amend the budget to fund the purchase.
Commissioner Carter asked about parts availability and if the Maintenance Shop has reviewed the matter.
Commissioner Banister entertained a motion to table the matter. Commissioner Carter provided a second to the motion. The motion carried 5-0.
e) Bid Award - Irrigation Well at New Recreation Park
IA Caime reported that the county received sealed bids from Herring Well Drilling & William O Tucker Well Drilling. He recommended accepting Herring's bid of $6.50 per foot.
Chairman Reyen entertained a motion to award the bid to Herring Well Drilling. Commissioner Banister provided a second to the motion. The motion carried 5-0.
f) Discussion - Animal Control Ordinance
Attorney Gordon presented a draft of the Animal Control Ordinance. He stated the ordinance is drawn from State law.
No action was taken.
g) Fire Department Turn out gear
IA Caime reported that the Fire Department requested purchasing 10 sets of turn out gear @$1,200.00 each set. He said the Fire Department has some funds in the SPLOST account and has a hefty fund balance in the Premium Insurance Tax Account.
Commissioner Banister remarked that he recognizes that the Fire Department funding available. However, they should manage the funds they have and not ask for supplemental funds.
Commissioner Oglesby entertained a motion to purchase the turn out gear from the Premium Insurance Tax Account. Commissioner Dorsey provided a second to the motion.
Commissioner Carter remarked that Shoal Creek Fire Department has a room full of turn out gear and they should utilize the equipment before purchasing more.
Commissioner Dorsey remarked that as enrollment increases there will be a need for more equipment and they have individuals that have completed the 101 fire training course that do not have equipment.
Commissioner Carter responded that when a new fireman comes in let them use the old equipment for a period of time to make sure they are going to stay, then provide them with updated equipment.
Commissioner Banister said he doesn't oppose to purchasing new equipment, however, they need to use the resources they already have.
Commissioner Carter remarked that if the Fire Department is not going to use the turn out gear that is in storage they should get rid of it. Adding, that he is not against firemen having a safe suit.
Scottie Graham remarked that if the gear losses it safety rating over time and it would create a safety issue.
Commissioner Banister entertained a motion to table the matter until Chief Vickery could analyze the old equipment. Commissioner Carter provided a second to the motion. The vote carried 3-2 (Commissioners Oglesby and Dorsey opposed).
h) Food Stamps
Commissioner Banister entertained a motion to table the request for payment and ask DFACS Director Tom Mullenix to attend the next meeting. Chairman Reyen provided a second to the motion. The motion carried 5-0.
Buddy Groover asked about the status of a work session to discuss exempting senior citizens from school taxes that the Board agreed to hold at their November 25th, 2003. He requested that the Board direct the County Administrator to do an impact study on the effects of exempting senior citizens from school taxes.
Chairman Reyen responded that there was a partial impact study and it would be cost prohibitive for the citizens of the county. He also stated the board informally agreed not to hold a work session to discuss the matter.
Commissioner Carter entertained a motion to do an impact study. The motion failed from lack of a second.
Commissioner Banister remarked that it is not feasible to exempt one group of citizens from school taxes and it is not right.
Chairman Reyen remarked that Mr. Groover is asking the board to extend an exemption for one special group for one certain tax and that tax is levied by another duly elected and constituted board.
Mr. Groover responded that he is asking the Board of Commissioners to do what some other counties have done in the state to exempt senior citizens from school taxes. Chairman Reyen asked Mr. Groover to give him a demographic breakdown of the counties that he is referring to.
a) Pending Litigation Matters
Commissioner Oglesby entertained a motion to exit into Executive Session to discuss litigation 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 Oglesby entertained a motion to exit Executive Session. Chairman Reyen provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to adjourn the meeting. Chairman Reyen provided a second to the motion. The motion carried 5-0.
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Daniel W. Reyen, Chairman Lawana Kahn, County Clerk