Hart County Board of Commissioners

January 25th, 2005

7:00 p.m.

The Hart County Board of Commissioners met January 25th, 2005 at 7:00 p.m. in the Hart County Administrative & Emergency Services Center.

Chairman R C Oglesby presided with Commissioners Dan Reyen, Gary Mize, Ricky Carter and Joey Dorsey in attendance .

  1. Call to Order

Chairman Oglesby called the meeting to order.

  1. Welcome

Chairman Oglesby welcomed everyone in attendance.

  1. Prayer 

Prayer was offered by Assistant Pastor Kagey Barrow of Cornerstone Baptist Church.

  1. Pledge of Allegiance 

Everyone stood in observance of the Pledge of Allegiance.

  1. Approve Agenda 

Commissioner Reyen entertained a motion to move New Business agenda items j, k and l to the Consent Agenda. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

  1. Approve Minutes of Previous Meeting(s)

Commissioner Reyen entertained a motion to approve the minutes of the meetings held January 11th, January 13th and January 17th, 2005 as amended. Commissioner Dorsey 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 

EMS/EMA Director Terrell Partain reported that he will have a resolution to recognize the committee members that have worked on the mitigation plan prepared for the next BOC meeting.

  1. County Administrator's Report 

County Administrator Jon Caime reported that Larry Haley and R C Oglesby appointment on the Water & Sewer Utility Authority will expire March 31st, 2005.

Commissioner Reyen entertained a motion to run a legal ad in The Hartwell Sun to allow the public to know the positions are open. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

Administrator Caime also reported that the next Joint City/County planning meeting is scheduled on February 1st, 2005 at 6:00-8:00 p.m. in the Literacy Center.

  1. Chairman's Report  

Chairman Oglesby reported that there are several dangerous road intersections in the county that need a DOT study.

  1. Commissioners' Reports 

Commissioner Reyen noted that there has been a contentious attitude between him and Commissioner Dorsey and they have discussed the matter. He committed to an attempt to work together.

Commissioner Dorsey echoed Commissioner Reyen's comment and pledged to work together as a board.  

Commissioner Dorsey noted that he is continuing to do research in tax assessment issues. He noted that Elbert County Tax Assessors has launched the best website in the State of Georgia to research information via the web. He noted that the cost is $7,500 per year to maintain the site. He said he would like the BOC to review the option to contract with the outside firm that Elbert County is using for the services.

Commissioner Reyen noted that the BOC discussed the matter with the Board of Assessors last year.

Commissioner Carter asked about the status of the work session with the Recreation Advisory Board. Administrator Caime responded that the Recreation Board is working toward a long range plan and they will be discussing it at their next meeting. A work session will be scheduled the later part of February.

Commissioner Carter noted that House Bill 6 re-directs revenues from traffic citations written by local officers on the state's highways, from the county's treasury into the state's treasury. This bill is aimed at discouraging local law enforcement officers from enforcing traffic laws on the state's highways. He requested that the BOC draft a letter to the legislators to alert them of the importance of local law enforcement's role in keeping the highways safe.

Commissioner Carter also noted House Bill 53 and 54 Regulating Interbasin & Intrabasin Water Transfer are pending in the House Natural Resources Committee and that ACCG is opposed to the bills. He entertained a motion to draft a letter to Representative Powell and Senator Schaefer to explain what impact the two bills would have on the county. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

  1. Consent Agenda   

Addition of Highland Ridge Road to County Road Inventory

Addition of Lightwood Lane & Drive to County Road Inventory

Addition of Deerfield Court Subdivision Phase 2 to County Road Inventory

County Administrator Caime explained that the Highland Ridge, and Lightwood Lane and Drive have been inspected by the County during construction.  He stated that Phase 2 of Deerfield Court Subdivision was cored and found to be acceptable.  He recommended the BOC accept the roads into the county's road inventory.

Commissioner Dorsey entertained a motion to adopt Highland Ridge, Lightwood Lane & Drive and Deerfield Court Subdivision Phase 2 into the county's road inventory. Commissioner Carter provided a second to the motion.

The vote carried 5-0 to adopt the roads into the county's road inventory.

  1. Old Business

a)        BOA Chairman Don Burdick - Reply to 2004 BOC Inquiries

BOA Chairman Burdick thanked the BOC for the opportunity to come before them to give his report. He noted that the BOA will look into Elbert County's website.

Mr. Burdick responded to the BOC October 26th, 2004 request to the BOA Chairman for information on an appearance of favoritism, residential depreciation guidelines, small acreage breakpoint and the Emmel refund.  He noted that the BOA is looking into the allegation of favoritism and they will report back to the BOC with a conclusion; the BOA will meet in February and discuss depreciation guidelines for 2005.

Mr. Burdick has discussed the situation with the Chief Appraiser reviewed the chain of events for the Emmel refund request dating back to 2000. In 2000 and 2001 the Emmel's property was appraised at $150,300. However, in 2002 their appraised value went to $245,300. Mr. Emmel appealed to the BOA April 7th, 2003 and they increased his value to $248,140. He further appealed to the Board of Equalization and they adjusted his property value down to $215,560. Mr. Emmel received a refund for 2002 in the amount of $246. May 30th, 2003.

Emmel also requested a refund for the prior years. Later they requested to defer the action on the refund they wanted to recalculate based on the information the BOE used. The BOE adjusted the conditioning factors. Neither the BOA nor the BOE responded to Mr. Emmel's request which created further frustration from Emmel.

He noted that the Emmel's sold their property and moved to back to Wisconsin. He noted that the property owner's concerns were not addressed in a timely fashion. He assured the BOC that the BOA will institute a policy to respond to property owners within five working days.

Commissioner Dorsey noted that the Emmel's sold their property for $290,000 and he calculated the sales ratio which was undervalued from the start. He commented that the Emmels property for many years was valued at about half the tax appraised value than it sold for.   He also asked Mr. Burdick if the Emmel sale was a qualified sale.

Mr. Burdick agreed and explained that the BOA needs to closely look at sales ratios for neighborhoods. He noted that the BOA is supposed to do a revaluation every three years and should be visiting every parcel in that three year period. The BOA is going to develop a plan to accomplish this task. He voiced his concern about doing the job right, the limited staff, the uncertified people on staff, and the number of parcels that have to be visited.  He noted that they haven’t employed the staff that the BOC has approved funding for.

Mr. Burdick presented information on the small acreage rural break point and the BOA should be reviewing the issue Commissioner Dorsey noted that the intention to acquire the information for the small acreage break point was for lake property. He noted that a six or seven acre lake lot may be getting the small acreage break point and it would be more equitable to look at factor such as footage of lakefront. Mr. Burdick responded that the BOA is going to be looking at issue and adopt a policy to determine the small acreage break point.

Commissioner Carter suggested that the revaluation should be done with one third of the parcels each year.  

  1. New Business

a)        Bid opening - Communication Tower

After opening sealed bids from World Tower Co. and Nationwide Tank & Tower Co., Commissioner Dorsey entertained a motion to defer the bids to EMS/EMA Director Partain and the County Administrator for review and recommendation. Commissioner Reyen provided a second to the motion. The motion carried 5-0.

b)        Bid opening - Road Stone  

After opening sealed bids for road stone from the following companies:

MH Trucking & Grading Contractors LLC, William O. Tucker Inc., Stratton & Sons Construction & T Rock Enterprises LLC

Commissioner Dorsey entertained a motion to defer the bids to County Administrator Caime for review and recommendation. Commissioner Reyen provided a second to the motion. The motion carried 5-0.

c)        DFACS Grant Budget Amendment  

Commissioner Reyen entertained a motion to adopt the budget amendment. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

d)        HRSA Budget Amendment  

Commissioner Reyen entertained a motion to adopt the budget amendment. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

e)        Annexation of New Recreation Park Property into Hartwell City

Commissioner Dorsey entertained a motion to pursue annexation of the new Recreation Park property into the City limits of Hartwell. Commissioner Reyen provided a second to the motion.  The vote carried 5-0.

f)          HCWSA Funding

County Administrator Caime recommended the following for funding the Hart County Water & Sewer Utility Authority:

1)      Pick reduction goal

2)      Transfer $84,000 remaining HCWSA expenditure funding in the General Fund to the "203" Premium Insurance Tax Fund

3)      Transfer $35,000 Solid Waste expenditures to the "540" Solid Waste Fund

Commissioner Carter questioned why this is an issue. County Attorney Gordon responded that the City of Hartwell brought up a concern about the Water & Sewer Authority being funded through General Fund.

Commissioner Carter also stated that it should be our policy to check legality's when we enter into any agreements.

Attorney Gordon recommended the funding for the Authority be shifted to the Premium Insurance Tax Account. He also recommended that BOC consider Intergovernmental agreements with county funded agents.

Chairman Oglesby entertained a motion to reduce the Water & Sewer Authority's funding by $27,000 per year, transfer $84,000 remaining in the Authority's budget to the "203" Account, transfer $35,000 remaining in the Solid Waste budget to the "540" Account. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

            g)  Hart Haven Insurance Payment Budget Amendment

Commissioner Reyen entertained a motion to adopt the budget resolution for the Hart Haven in the amount of $109,557.26. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

            h)  Board Appointment Opening - BOA

Commissioner Reyen entertained a motion to advertise in The Hartwell Sun the position that was vacated by Kenny Carter on the Board of Tax Assessors; and appoint someone at the 1st regular meeting in March. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

i)        DOT Intersection Requests

Administrator Caime noted that the following intersections are going to be sent to the DOT:

1.      North Hart School - 4 way stop or stop light Hwy 77

2.      South Hart School - 4 way stop or stop light Hwy 172

3.      Clay Brown/Bio Church & 172 - flashing caution light

4.      77sp & 77 - Safety warning or 4 way stop

5.      Goldmine Christian Academy-29S-flashing caution light

6.      Liberty Church Road/Eagle Grove School Road & 172 flashing caution light

Commissioner Carter suggested sending a copy of the DOT intersection requests to Representative Powell.

Commissioner Dorsey stated that this needs to be communicated to DOT Commissioner Linnenkohl and that the county requested the 172 requests back in 2004. Administrator Caime responded that we have not heard back from these requests.

Commissioner Dorsey also noted that private citizens had also written the DOT regarding the 172 intersections above.

  1. Public Comment  

Don Burdick noted that when he was on the BOC visited the DOT in Gainesville and requested funding for stop lights at North Hart & South Hart. He added that the DOT stated that the Board of Education should fund the projects at the schools.

Commissioner Carter noted that funding was pulled for the project per Board of Education statements at Senator Nancy Schaefer's town meeting.

Commissioner Dorsey noted that two schools were combined into one which doubled their logistics, especially with parents taking their children to school.

Commissioner Carter stated that they were paving Hwy 77 at the time the planning etc. was going on.

  1. Executive Session

None

  1. Adjournment  

Commissioner Reyen entertained a motion to adjourn the meeting. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

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R C Oglesby, Chairman                                                Lawana Kahn, County Clerk