Hart County Board of Commissioners
November 23rd, 2004
7:00 p.m.
The Hart County Board of Commissioners met November 23rd, 2004 at 7:00 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 Pledge of Allegiance.
Commissioner Dorsey entered a motion to approve the meeting agenda. Commissioner Banister provided a second to the motion. The motion carried 5-0.
Commissioner Dorsey entertained a motion to approve the minutes of November 9th, 2004 meeting as amended. Commissioner Banister provided a second to the motion. The motion carried 5-0.
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County Attorney Walter Gordon did not have anything to report.
County Administrator Jon Caime commended the Safety Committee and the Safety Coordinator for their efforts to maintain the county's safety record. This helped to lower the workers compensation insurance premium for FY'05 which will be an additional savings to th e taxpayers.
Administrator Caime also reported the following:
· TI building construction has begun
· Board/Authority appointments with take place in December
· Service Delivery Strategy joint meeting December 2
· Protect the Savannah water basin meeting December 1 at 6:00 p.m. @ the Anderson County Library
Chairman Reyen reported that Tax Assessor Board Chairman Randy Combs is requesting time to answer the motions by the BOC in their October 26th meeting to be extended to the last meeting in January 2005.
Commissioner Dorsey noted that Mr. Combs received the request for information November 15th, 2004.
Commissioner Banister will address the BOC at the next meeting concerning email notifications incorporated in the county's Code of Ordinances.
Commissioner Carter requested that a work session to discuss the Animal Control Ordinance.
Commissioner Dorsey noted that request for bids can be posted and accessed on Georgia Local Government website which is linked to the ACCG and GMA websites.
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a) Ben Hulsey - GA Mtns. RDC
Mr. Hulsey, Director GMRDC, gave an overview of
the GMRDC programs and projects that they provide to thirteen counties and
thirty eight cities located in the northeast
· Comprehensive Planning, Demographics, Economic Development, Geographic Information Systems, Grants, Historic Preservation, Natural Resources, Transportation and Workforce Development
Mr. Hulsey noted that the GMRDC board meets the last Thursday of each month at 6:00 p.m. & invited the BOC to be an active member of their board. He also noted that the GMRDC is a tremendous resource for local governments and they are very active in Hart County.
Larry Sparks, Director of Planning, noted that the RDC is a multi-county planning and development organization that partners with local governments in their planning and development efforts and can serve as a service delivery organization. He explained that the RDCs are funded by per capita dues from their member local governments. The funds received from dues become "seed" funds to match federal and state contract funds. He also noted that a primary function of the RDCs is to create partnerships between state and federal agencies for funds that benefit the member local governments.
Commissioner Carter asked how the RDCs come up with costs to local governments for projects. Mr. Sparks responded that they take into account what it costs for the staff to provide services.
David Sargent, Ph.D., Director of Economic & Community Development Department gave an overview of the GMRDC projects in Hart County and indicated that they have assisted with the acquisition of several local grants.
Commissioner Carter asked if the BOC turns in a list of projects to the RDC at the beginning of each year would they be able to let the county know if there is grant funds available for the projects. Mr. Sargent responded that they would assist the county.
Mr. Hulsey noted that if the county comes up with needs they will work toward the best solution to benefit the county. He also noted that there are not many grant funds available.
Harriett McNeal, GMRDC Director of Finance, gave an overview of the Finance Department. She noted that an annual audit is prepared by an independent public accountant at the close of the fiscal year end and is presented to the Board of Directors and submitted to funding agencies as stipulated in contract compliance guidelines.
b) County Extension Service - Charles Rice
Mr. Rice noted that the Extension Service secretary will be retiring at the end of December with a resulting 9 months savings for her salary for the balance of the year. He requested that the savings be used to bring the remaining three full time personnel into the County’s incentive plan for years of service credit. He also asked that any remaining funds after applying the incentive program be used to add additional hours to the part time secretary. The full time secretary position will not be replaced.
Commissioner Carter entertained a motion to direct Administrator Caime to acquire additional information and make a recommendation at the next meeting. Commissioner Banister provided a second to the motion. The motion carried 5-0.
Mr. Rice requested funds for Associational dues be used from their budgeted education fund. Commissioner Banister entertained a motion to fund the Associational dues. Commissioner Oglesby provided a second to the motion.
Commissioner Carter noted that the county needs guidelines set up for dues.
The motion carried 5-0.
c) Tony Smith - HCWSA Personnel Discussion
County Administrator Caime noted that there are no set guidelines for the employees of the Water & Sewer Authority.
Commissioner Carter noted that the employees should use the same guidelines that county employees use.
Mr. Smith, Executive Director, requested an increase in the Water & Sewer Authority's budget to cover the cost of a part time employee to assist Ricky Wilson $10,000; 2.5% pay increase $2,500; and benefits for a full time secretary $4,000 at a total budget increase of $16,500.
Commissioner Dorsey noted that Mr. Smith should have discussed these funding issues during the budget process. He expressed his concern that the department would get labor intensive and didn't think hiring an additional employee two days a week is justifiable.
Commissioner Oglesby entertained a motion to table the matter. Commissioner Banister provided a second to the motion. The motion carried 3-2 (Commissioners Carter & Dorsey opposed).
Commissioner Dorsey entertained a motion to fund $4,000 to cover benefits for the full time secretary. Motion died from lack of a second.
Commissioner Oglesby entertained a motion to table the matter. Commissioner Carter provided a second to the motion. The motion carried 4-1 (Commissioner Dorsey opposed).
County Attorney Gordon recommended to the BOC entering into an Inter Agency Agreement with the W&S Authority.
d) Adoption of FY05 Grant Budget
Commissioner Oglesby entertained a motion to approve the grant budget expenditures of $1,419,297. Commissioner Banister provided a second to the motion. The motion carried 5-0.
e) EJ Mitchell - Discussion on Tax Assessors Office
Mr. Mitchell stated that he has moved from Hart County and personally visited the Tax Assessors’ office October 20th, 2004 to see if his tax bills had his new mailing address on them. He requested the Tax Assessors’ office change his mailing address so he would receive the upcoming tax notice. He noted that they refused to change the address and was informed that he will have to put the request in writing after the first of the year. He noted that he received a letter from Chief Appraiser Margaret Crossley stating that the files were closed for 2004 were closed and frozen on June 1st, 2004 to prevent changes to the current digest. She noted that “As per Georgia Law” please submit a letter with your signature during January 1st, 2005 through April 1st, 2005 requesting the address change. Said letter will be attached to your 2005 record giving the authority to make the change at the legal and appropriate time and to allow the Tax Assessors’ office to accept the change in accordance with Georgia Law.
Mr. Mitchell noted that he contacted the Department of Revenue and there is no state law that references his matter. He also noted that Ms. Crossley changed his address last year and if it is a State Law prohibiting that then she broke the law the previous year. He stated that Ms. Crossley lied and misrepresented the law and that they need someone in the Tax Assessors’ office with a can do attitude, that is willing to assist the taxpayers instead of resisting them. He request the BOC to pursue the matter.
f) Hart County Property Owners Association
Mr. Nagele did a brief review of the arbitrary use of the year 1985 or 17 years as of 1/1/02 as the maximum amount of depreciation that would be allowed on homes in Hart County. He used, just as an example, that a home built in 1960, with no renovation, would therefore be allowed only 17 years instead of 42 years. Using 1% per year reduction on a home with a replacement cost new of $100,000 that would mean that a tax payer would be charged for an additional $25,000 in value because of the 1985 cut off. He also noted that, although many questions have been raised, he has seen no Hart County studies supporting the use of such cut off; no regulation or appraisal standards and nothing in the Cott schedules directly relating to such cut off.
Mr. Nagele stressed the lack of uniformity in the administration of the 1985 cut off by nothing that their group had purchased 554 property cards, reviewed them, and had found that nearly 17%, of just that small sample of residences, had NOT used the 1985 cut off. He then noted that this lack of uniformity was made worse by the Board of Equalization, during the appeals procedure, making additional changes, without guidelines, and without looking at the impact on other homes in the area that may, or may not have, appealed.
Mr. Nagele then briefly reviewed Cott depreciation schedules noting that schedule 2 appears to cover most residences (not manufactured or mobile homes, churches etc.) and is apparently the base for the 1% approach. He noted however, that while that schedule does start out at 1% it then flattens out so that at 60 years of age the residence is 50% depreciated.
Commissioner Carter entertained a motion that the Chairman of the Board of Assessors be directed to bring to the BOC a clearly written report setting residential depreciation guidelines to be used for the 2005 county wide revaluation. The report should include depreciation schedules to be used and, if a maximum calendar year (such as 1985 for the 2002 revaluation) is to be used, the regulatory, appraisal standards and data supporting such usage with the report to be presented at the January 25th, 2005 BOC meeting. Commissioner Banister provided a second to the motion.
Ben Fant noted that the gentleman does not own property in the county and that the BOC has allowed a small group of individuals to speak for the whole county.
Commissioner Dorsey noted that the BOC should research the matter and that the DOR review the sales ratio. Chairman Reyen responded that the BOA members should respond to the request.
Mrs. Warren reported that they have personally asked for clear guidelines and the Appraiser’s policy is not available to the public.
The motion carried 5-0.
Commissioner Dorsey reported that he has been checking out various aspects of depreciation and, other areas, by contacting other counties. He has not concluded his reviews but noted that cut off dates, like the 1985, have been used in other counties and that is done, in part to make up for the appreciation of property. He also noted that the last change to the 1985 cut off year was made in 1976 and added that he was continuing his reviews.
g) HSRA Grant Acceptance
Commissioner Oglesby entertained a motion to accept the grant from the Department of Natural Resources re: Hazardous Waste Trust Fund and adopt the resolution. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
h) Addition of Thornton Baker Road to County Road System
County Administrator Caime reported that Thornton Baker had been maintained by the Road Department however, it is not on the County Road System Inventory List.
Commissioner Dorsey noted that the road appears to be a drive way does not have a road number on the road name sign nor a stop sign at the end of the road. He entertained a motion to table the matter. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.
i) Bid Opening - Rec Project (5 separate bids)
After opening the sealed bids for the Recreation project, Chairman Reyen entertained a motion to negotiate with Tallent Lawn Services for the irrigation system. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.
Commissioner Dorsey entertained a motion to turn over the sewer system bid to the County Administrator for evaluation. Chairman Reyen provided a second to the motion. The motion carried 5-0.
Commissioner Banister entertained a motion to turn over the landscaping & grassing bid to the County Administrator for evaluation. Commissioner Carter provided a second to the motion. The motion carried 5-0.
Commissioner Dorsey entertained a motion to turn over the grading bid to the County Administrator for evaluation. Commissioner Oglesby provided a second to the motion. The motion carr ied 5-0.
Commissioner Dorsey entertained a motion to turn over the fencing bid to the County Administrator for evaluation. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.
j) Bid Opening - Audit Services
After opening the sealed bids for auditing services, Commissioner Dorsey entertained a motion to turn the bids over to the County Administrator for evaluation. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.
k) Downtown Development Authority
Cary Jackson, Chairman of the DDA, requested the BOC reinstate their funding for FY'05 in the amount of $8,000.
Chairman Reyen entertained a motion to fund the DDA. Commissioner Oglesby provided a second to the motion.
Commissioner Dorsey noted that the courthouse grounds issues have not been resolved and the DDA is supporting businesses in the City.
Commissioner Carter noted that local contractors should have the opportunity to bid on DDA projects and they should have a written policy to attempt to award work to local individuals.
Chairman Reyen entertained a motion to table the issue. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.
l) Holt Tax Refund Request
Chairman Reyen reported that Mr. Holt has requested a tax refund of $435.41 for overpayment of taxes for seven years. He noted that the BOA has determined that boat docks are real property.
Chairman Reyen entertained a motion to approve Mr. Holt's refund request of $435.41. Commissioner Carter provided a second to the motion.
Commissioner Oglesby entertained a motion to table the issue until further information could be obtained. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
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Commissioner Oglesby entertained a motion to exit into executive session to discuss personnel & litigation matters. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
With no further action taken during Executive Session, Commissioner Oglesby entertained a motion to exit executive session and convene the meeting. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
Commissioner Oglesby entertained a motion to grant Jon Caime the job of the County Administrator, add a 5% increase in his current salary and provide him with the same contract terms, as amended, to Gary Cobb former County Administrator in his amended contract, and to allow Mr. Caime to continue his current exemption from personnel policy 4.6.
Commissioner Dorsey noted that according to county policy Mr. Caime does not meet residency requirements.
Motion carried 4-1 (Commissioner Dorsey opposed).
Commissioner Oglesby entertained a motion to enter back into Executive Session to discuss litigation matters. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
With no further action taken during Executive Session, Commissioner Carter entertained a motion to exit Executive Session. Commissioner Oglesby provided a second to the motion.
Commissioner Oglesby entertained a motion to adjourn the meeting. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
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Daniel W. Reyen, Chairman Lawana Kahn, County Clerk