Hart County Board of Commissioners

August 24th, 2004

7:00 p.m.

 

The Hart County Board of Commissioners met August 24th, 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.

 

  1. Call to Order

Chairman Reyen called the meeting to order at 7:00 p.m.

 

  1. Welcome

Chairman Reyen welcomed those in attendance.

 

  1. Prayer

Commissioner Banister offered prayer.

 

  1. Pledge of Allegiance 

Everyone stood in observance of the Pledge of Allegiance.

 

  1. Approve Agenda

Commissioner Dorsey entertained a motion to amend and approve the agenda as follows:

            Item #8 add Probate Judge Bob Smith - National Guard Armory Voting Precinct

            Item #14 add h) Trees at the courthouse

 

Commissioner Banister provided a second to the motion. The motion carried 5-0.

 

  1. Approve Minutes of Previous Meeting(s)

Commissioner Oglesby entertained a motion to approve the minutes of the following meetings as amended:

            August 9th, 10th, 11th, 11th, 17th, 18th, and 19th 2004

 

Commissioner Carter provided a second to the motion. The motion carried 5-0.

 

  1. Remarks by Invited Guests, Committees, Authorities 

None

 

  1. Reports by Constitutional Officers & Department Heads 
    • Probate Judge Bob Smith - National Guard Armory Voting Precinct

Judge Smith informed the BOC that he has been instructed that due to the 911 situation, the county is going to have to abandon use of the National Guard Armory to hold elections. He requested that the BOC proceed with relocating the polling place as soon as possible.

 

After discussing the issue, Commissioner Oglesby entertained a motion to take the proper steps to relocate the polling place to the Hart County Recreation facility which is located on Powell Road in the incorporated area of the City of Hartwell. Commissioner Banister provided a second to the motion.

 

County Attorney Walter Gordon explained that the U.S. Department of Justice will have to pre-clear any change of voting precinct within sixty days of an election.

 

Chairman Reyen called for the vote. The vote carried 5-0.

 

Judge Smith also requested the county purchase one radar unit for the Georgia State Patrol to be used in the county.

 

Commissioner Oglesby entertained a motion to purchase one radar unit not to exceed $1,000. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

  • Walter Gordon - Public Defender Lease Agreement 

Attorney Gordon presented the one year lease agreement to the BOC, which will relocate the Public Defender to the City of Royston. The rent will be $200 per month for the five counties in the Northern Judicial Circuit.

 

Commissioner Oglesby entertained a motion to approve the lease agreement. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

  1. County Administrator's Report

IA Jon Caime reminded the BOC of the meetings scheduled August 25th, and 26th hosted by the Chamber of Commerce and Georgia Power.

 

IA Caime also announced that TI Automotive is guaranteeing an employment interview for anyone that successfully graduates from North Georgia Technical College with a certified Manufacturing course.

 

  1. Chairman's Report

None

11. Commissioners' Reports

Commissioner Dorsey reported that Flood insurance is now available to county residents through their insurance agency.

 

12. Consent Agenda

None

 

13. Old Business

a)       Quality Industries Economic Development Loan 

Attorney Gordon explained that the EIP loan is a pass through loan that provides assistance to Quality Industries LLC for financial assistance that allows the industry to retain and create employment in Hart County.

 

Commissioner Oglesby entertained a motion to approve the EIP Loan Agreement and Servicing Agreement as presented. Commissioner Banister provided a second to the motion. The motion carried 5-0. The agreements are recorded in the official minutes book of the county.

 

14.              New Business

a)       Discussion of Allegations of Illegal BOA Meeting

Chairman Reyen referenced an article in the Hartwell Sun August 12th and an editorial published in the Hartwell Sun August 19th concerning allegations of illegal meetings held by the Hart County Board of Tax Assessors.

 

Commissioner Dorsey suggested that they discuss the matter with the BOA at the August 31st work session.

 

Attorney Gordon defined an illegal meeting under the Georgia Sunshine Laws as follows:

1.      A quorum of a defined agency

2.      The absence of public access

3.      The discussion of official business

 

Attorney Gordon stated that the meeting of the county board of assessors met the first two criteria; the third point is harder to prove.  He stated that there were no allegations of a discussion of official business. However, it is not appropriate for the doors of government to be locked.

 

No action was taken.

 

b)      Establishment of County Millage Rate - (not adoption of the Millage resolution)

IA Caime reported that all of last years timber value was put in the incorporated area of the County on the PT32 form which was signed by the Tax Commissioner, Chairman of the BOA and Chairman of the BOC, which was incorrect. He reported that this year the timber value was corrected however this year the all of the mobile homes values were moved to the incorporated areas of the county. The PT32 form had been signed by the Tax Commissioner and the Chairman of the BOA.

 

IA Caime explained that the BOA set values using the Cott system the information is forwarded to the Tax Commissioner for TBS to convert the information to the TC's computer system. He continued to explain that there was a reportedly a switch made in the coding system during the conversion. The result was an incorrectly executed PT32 millage report with most of the mobile home value of the unincorporated County reported as moving to the incorporated section of the County.

 

IA Caime reported that he has asked for a corrected report which will slightly affect the true rollback millage rate.

 

c)       DDA Request to use Courthouse Grounds  

No representation from the DDA so no action was taken.

 

d)      Appointments - Hart County Hospital Board  

Commissioner Oglesby entertained a motion to submit Robert Clark, Alice Glenn and Owen Morris' names to the Hart County Hospital Authority for consideration. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.

 

e)       Coin Operated Machine Registration Fees 

IA Caime reported that he has had a flood of applicants for coin operated machines and he is requesting that the BOC consider any legal taxation and/or processing fees to cover expenses of processing these applications.

 

Commissioner Dorsey entertained a motion to table the issue until the County Attorney could review the law.

 

f)        House Bill 1540 

IA Caime explained that the Tax Payers Bill of Rights passed in 2000 does not allow the County to generate any revenue from the increased values of property in the County without calling it a tax increase.  He explained that the law does allow the County to generate additional revenue from new construction however he explained that theoretically, new construction costs the government more than the additional revenue generated with the need for increased services.

 

He explained that the County is currently operating on a year 2000 dollar which was worth $0.88 in FY04 and will be worth even less in the coming FY05.  However costs have continued to rise by the CPI inflationary value or more such as fuel costs which have increase some 75% in the past year.  He explained that the County should be allowed to capture at a CPI inflationary limit of revenue growth on the increased value of property without having to call it a tax increase.  He asked the BOC to support the ACCG’s effort to pass HB1540 which will correct this issue.

 

Commissioner Dorsey entertained a motion to send a letter supporting HB1540 to the State Representatives, Legislators and ACCG. Commissioner Oglesby provided a second to the motion.

 

Jay Earle remarked that the proposed freezes in property values legislation will also have the same equation factor as HB1540 has.

 

g)       LARP List FY05  

Commissioner Oglesby entertained a motion to submit the LARP list to the Department of Transportation. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

h)       Trees - on the courthouse property  

After discussing the matter at length, Commissioner Dorsey entertained a motion to award the bid to Joey Smith in the amount of $6,500. Commissioner Oglesby provided a second to the motion. The motion carried 5-0.

 

Commissioner Dorsey entertained a motion that anything that goes out for sealed bids will be opened at a regular scheduled board meeting. Chairman Reyen provided a second to the motion. The motion carried 5-0.

 

15.              Public Comment  

Residents on Phillips Way requested that the county maintain the private dirt road which has been maintained by the county in the past.

 

No action was taken.

 

16.              Executive Session

None

 

17.              Adjournment

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