Hart County Board of Commissioners
January 28th, 2003
7:00 p.m.
The Hart County Board of Commissioners met January 28th, 2003 at 7:00 p.m. in the Hart County Administrative & Emergency Services Center.
Chairman Randy Banister presided with Commissioners R.C. Oglesby, Dan Reyen, Ricky Carter and Joey Dorsey in attendance.
Call to Order
Chairman Banister called the meeting to order.
Welcome
Chairman Banister welcomed those in attendance.
Prayer
Commissioner Dorsey opened with prayer.
Pledge of Allegiance
Everyone stood in observance of the Pledge of Allegiance.
Approve Agenda
Commissioner Oglesby entered a motion to amend and approve the agenda as follows:
Old Business
Add item a. Ambulance rebuild bid recommendation
New Business
Remove item q.
Add item r. Capital contract with State DOT-Transit Van
Add item s. Gill Subdivision
Commissioner Reyen provided a second to the motion. The motion carried 5-0.
Approve Minutes of Previous Meeting(s)
January 14th, 2003
Commissioner Reyen entered a motion to approve the minutes of the meeting held January 14th, 2003. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
Remarks by Invited Guests, Committees, Authorities, Etc.
None
Reports By Constitutional Officers & Department Heads
County Attorney Walter Gordon did not have anything to report.
County Administrator's Report
a. Web Site Status
County Administrator Gary Cobb announced that according to Phil Embry, Director of the Department of Revenue that all the counties that have a Local Option Sales Tax reached agreements with the municipalities by December 31st, 2002.
Administrator Cobb turned the status of the county web site over to Administrative Assistant Mary Hughes.
Ms. Hughes gave a very informative presentation of the county's web site and announced that the site should be on line by February 15th, 2003.
Commissioner Oglesby commended Ms. Hughes for the good job in developing the web site.
Chairman's Report
Chairman Banister presented Commissioner Dorsey with a gavel and thanked him for serving Chairman for 2002.
Chairman Banister announced that he would give an explanation of issues on the agenda; the board would discuss the issues and would allow public input prior to motions.
He announced that he has talked with Larry Griggers of the Department of Revenue concerning property tax appeal hearings and met with Jerry Linne' and Hedrick Isley to discuss the matter.
He invited the public to attend the meetings with the Tax Assessor Board and has requested that Tax Assessor Board Chairman Hedrick Isley update the Board monthly on the status of the appeals.
Chairman Banister also announced that he has an appointment with Representative Alan Powell in Atlanta Thursday 2:30 p.m., January 30th, 2003 to discuss redistricting issues. He invited the board members to make plans to attend.
Commissioners' Reports
Commissioner Reyen stated that he was glad to see public turnout for the meeting and that business is conducted every two weeks. He strongly suggested that attendees get involved during the budget process.
Commissioner Dorsey encouraged anyone that does have an appeal before the Board of Tax Assessors that they follow through with it. He also encouraged the Chairman and other board members to attend February 12th, 2003 meeting at the State Capitol.
Old Business
a. Ambulance rebuild bid recommendation
Commissioner Oglesby entered a motion to accept Innovative Couches bid of $59,732. Commissioner Carter provided a second to the motion. The motion carried 5-0.
New Business
a. Beer/Wine Application-Joe Crowe/Crowe's Nest
County Administrator Gary Cobb reported that the application is in order. He reported that the county office has received twenty-six letters from residents in the neighborhood of Crowe's Nest.
Commissioner Reyen extended an invitation to Mr. Crowe to explain his ambitions for the Crowe's Nest.
Mr. Crowe explained that the Crowe's Nest would be serving hot dogs and hamburgers in the restaurant. He stated he does not intend to disrupt the neighborhood; he wants to be a good neighbor. Adding that he has a right to run an honest business and that his application for beer and wine is in compliance with the ordinance. Charlotte Crowe explained that the facility has seating capacity for twenty-nine and there will be seating for twelve more in the nonsmoking area.
Judge George Bryant spoke in behalf of the neighborhood. He strongly opposed the location of the facility. He remarked that the facility would devalue property in the area. He requested that the county ordinance be amended to increase the distance requirement to 350 yards from a residential area. He remarked that the board could exercise their discretion to deny the application as not suitable for the location.
Troy Allen testified as to the affect that alcohol had on him when he started drinking at a young age. He remarked that alcohol is a “cancer”. Therefore, he strongly opposed the sale of beer and wine.
Ray Lewis remarked that the area is residential and that none of the neighbors have been invited to the Crowe's Nest. He reported that the sign that was posted at Crowe's Nest was moved three times. He said the Crowe's are living in a travel trailer outside the building and are using the same septic system. He remarked that the board has enough reasons to deny the license request.
Mary Otte, a twelve-year resident of Old 29 Highway, opposed the sale of beer and wine in the residential community. She voiced concern that property values would go down. Adding that there would be traffic problems, noise, lottering and littering. She questioned who would supervise the ordinance requirement of 55% income from the sale of food.
Jerry Linne’ remarked that the location of the facility is wrong. He added that if the county had zoning it would prohibit situations like this.
Chairman Banister remarked that if it was that simple the county would have zoning.
Dean Kring remarked that alcohol is a mind-altering substance. He voiced his concerns about drinking and driving. He stated that Old 29 highway is used as a raceway and is highly populated.
Chairman Banister asked for a show of hands from the audience who opposed the beer and wine application request. The majority of the audience raised their hand. Three people raised their hand in support of the application request. This request was made for the record only.
Commissioner Dorsey remarked that the Crowe’s meet the criteria and for the county to deny the request would be wrong. He said discretion could also be discrimination.
Martha Warren remarked that since that county does not have zoning that the board has “cooked your own goose”.
Commissioner Reyen remarked that the beer and wine ordinance does include provisions to consider the nature and suitability of the neighborhood.
Commissioner Reyen entered a motion to deny the beer and wine application for Crowe’s Nest. Commissioner Carter provided a second to the motion. The motion carried 3-2. With Commissioners Dorsey and Oglesby opposed.
b. Beer/Wine License Renewal-Donald Powell/VFW Post #8076
Commissioner Oglesby entered a motion to approve the beer and wine renewal application for VFW Post #8076. Commissioner Dorsey provided a second to the motion.
Commissioner Oglesby indicated that the some members of the board are mixing religious beliefs with their political responsibilities. Commissioner Dorsey remarked that to force somebody’s morals on someone else is wrong.
Commissioner's Oglesby and Dorsey questioned how the board could deny the one business in a residential neighborhood and then approve another location in a residential neighborhood.
Chairman Banister remarked that the VFW was a renewal and there was no opposition from the neighborhood. Commissioner Carter remarked that the VFW has had license since 1986.
Chairman Banister called for the vote. The vote carried 5-0.
c. SPLOST II Budget Amendment-Parkdale Project
Water Authority Executive Director Jere Johnson requested that the board consider additional funds of $46,500 for construction cost and $1,500 for engineering fees to install water lines on Elizabeth Road to the Parkdale project.
Commissioner Oglesby entered a motion to approve the request to fund the additional water line along Elizabeth Road. Commissioner Reyen provided a second to the motion. The motion carried 5-0.
d. Water/Sewer Grant Proposal
Jere Johnson explained that the Water & Sewer Authority has applied for a $500,000 CDBG grant to fund installation of water lines on Ernest Oliver, Bryson Drive, Ga. Highway 77, Liberty Hill Road, Liberty Hill Church Road and within Rhodella Park subdivision.
County Administrator Gary Cobb explained that Angela Steedly of A.S.H.E. would be preparing the grant package to submit the DCA and if the grant is awarded she will be administering it for the county.
Commissioner Dorsey entered a motion to adopt the Water/Sewer Grant resolution. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.
e. Addition of Tony Road into County Road System
Commissioner Carter entered a motion to adopt the addition of Tony Road into the county road system. Commissioner Oglesby provided a second to the motion. The motion carried 5-0. The resolution is recorded in the minutes book.
f. Resolution adopting Solid Waste Plan & SWTP
Commissioner Dorsey entered a motion to adopt the resolution. Commissioner Oglesby provided a second to the motion. The motion carried 5-0. The resolution is recorded in the minutes book.
g. Subdivision Plat-Mayola Gaines
h. Subdivision Plat-Terry Agnew
i. Subdivision Plat-Eaton
j. Subdivision Plat-Hicks
k. Subdivision Plat-Anderson
l. Subdivision Plat-Cannon
Commissioner Oglesby entered a motion to approve the subdivisions plats for Mayola Gaines, Terry Agnew, Eaton, Hicks, Anderson and Cannon as submitted. Commissioner Reyen provided a second to the motion. The motion carried 5-0.
m. Request by Hartwell Svc. League/Courthouse Square June 28th, 2003
Commissioner Dorsey entered a motion to table the request. Commissioner Oglesby provided a second to the motion.
Commissioner Dorsey recommended that the Service League would have first choice of the square for the event.
Chairman Banister called for a vote. The vote carried 5-0.
n. Surplus Voting Machines
Commissioner Oglesby entered a motion to declare the Shoup voting machines as surplus. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
o. EPD Resolution
Commissioner Oglesby entered a motion to adopt the EPD Resolution to allow the County Administrator to execute the document. Commissioner Dorsey provided a second to the motion. The motion carried 5-0. The resolution is recorded in the minutes book.
p. Literacy Center Lease
Commissioner Oglesby entered a motion to approve the lease agreement. Commissioner Dorsey provided a second to the motion. The motion carried 5-0. The lease is recorded in the minutes book.
q. Literacy Center Lower Level Use Policy
The item was removed from the agenda.
r. Capital contract with State DOT-Transit van
Commissioner Oglesby entered a motion to approve the contract and allow the Chairman to execute the document. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.
s. Gill Subdivision
Commissioner Oglesby entered a motion to approve the Gill Subdivision request. Commissioner Reyen provided a second to the motion. The motion carried 5-0.
Jerry Linne’ shared a letter from Larry Griggers and a newspaper article.
Jay Earle remarked that he has not received open records request for information from the Tax Assessors’ office. He stated the request was not unreasonable and that he felt he was being “stone walled”. He added that the “boss” wants the information by Friday.
None
Commissioner Oglesby entered a motion to adjourn the meeting. Commissioner Reyen provided a second to the motion. The motion carried 5-0.
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Randy D. Banister, Chairman Lawana Kahn, County Clerk