The Madison County journal. (Hull, Ga.) 1989-current, April 23, 2009, Image 5

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THE MADISON COUNTY (GA) JOURNAL. THURSDAY. APRIL 23. 2009 — PAGE 5A Hull council ponders sidewalks on Glenn Carrie BOA issues letter in response to commissioners By Ben Munro ben@mainstreetnews.com The following letter was written by board of asses sor chairman David Ragland and signed by each member of the Madison County Board of Assessors in response to the county commissioners ’ dismissal of them. Dear Mr. Dove and Ms. Cox: I am writing in response to the Notice of Intent to Remove from Office pursuant to OCGA section 48-5-295 (b), dated April 7, 2009 (the “notice”), which Mr. Dove mailed to me on April 8, 2009. I dispute the grounds for my removal as a member of the Madison County Board of Tax Assessors, set forth in the Notice, and wish to contest these grounds. I will appear at the hearing before the Madison County Board of Commissioners, currently scheduled for April 21, 2009, beginning at 6 o’clock p.m. I also hereby invoke my right to a hearing before the Superior Court of Madison County, Georgia, and con tend that I cannot be removed involuntarily from the Madison County Board of Tax Assessors without first being afforded such a hearing. My participation at the hearing before the Madison County Board of Commissioners shall not be construed as a waiver of my right to have the issue of my removal from the Madison County Board of Tax Assessors decided by a Judge of the Superior Court, and I hereby express ly reserve any and all such rights. Pursuant to O.C.G.A. 45-9-21 and applicable poli cies of Madison County, I also hereby request that the Madison County Board of Commissioners employ Robert F. Leverett to repre sent me in connection with the removal proceedings, and pay the reasonable fees of Mr. Leverett and all rea sonable costs, expenses and other compensation associ ated with such representa tion. The county attorney, Michael C. Pruett, clearly has a conflict of interest which ethically prevents him from representing both the Madison County Board of Commissioners and me in this matter. As a result, the appointment of Mr. Leverett is required. I also felt that the state ments at the end of the Notice required a response. In that portion of the Notice, you urged me “to remember the good of the county, and to consider resigning,” and stated that resigning would be choosing the “high road.” You essentially implied that my contesting or disagreeing with your grounds for remov al would somehow be an irre sponsible and selfish course of action. I could not disagree with you more. With all due respect, I feel that the action of the board of commission ers in seeking to remove me and other members of the board of tax assessors is another step in the repeated and improper attempts of the board of commissioners to control and interfere with the independence of the board of tax assessors. My remov al, and the removal of my colleagues on the board of tax assessors, would set a precedent that would further the commissioners’ attempts to dominate and control the board of tax assessors. In my opinion, contesting the removal would further inde pendence of the board of tax assessors and would thus serve the best interests of the people of Madison County. Hull city leaders are pon dering the possibility of side walks on Glenn Carrie Road should the money ever come available. Councilman Paul Cook introduced the idea at Monday’s city council meet ing, envisioning sidewalks that would start at Hidden Falls subdivision and run south on Glenn Carrie to the intersection of Hwy. 72. “Instead of getting in your car to go to the post office, I’d like to take a walk on a sidewalk,” Cook said. Mayor Paul Elkins said it's something to consider, though funding is an obstacle. “That would be food for thought if and when funding becomes available,” Elkins said. Though Hull might not have the funds, money might be available through other sources. Sidewalks along Glenn Carrie are apart of the Madison Athens-Clarke Oglethorpe Regional Transportation Study (MACORTS), Cook said. Those plans call for the con struction of sidewalks on both sides of Glenn Carrie running south from the intersection of Hwy. 29 to the intersection of Hwy. 72. Cook spoke to an official with the county road depart ment who said that office is seeking funds through MACORTS for the sidewalk project. According to the council man, if money isn’t available through MACORTS, county SPLOST money could be applied. “He expressed to me that if they’re not able to get a grant through MACORTS, they would use their SPLOST monies, and whatever other funds that can get, to build the sidewalks,” Cook said. Cook said the city should get an answer in the next 60 days. Elkins said sidewalks would benefit the large elderly con tingent in the city. “There’s a lot of oldsters living there on Glenn Carrie that could possibly utilize that for exercise purposes if noth ing else,” Elkins said. Elkins asked city attorney Pat Graham to investigate the legal requirements to obtain rights of way. In other business, the council continues to ponder improvements to its city hall complex, but there’s not an abundance of funding avail able for projects. Elkins recently met with a Regional Development Center (RDC) official who said that carpeting the build ing and upgrading the bath room are the only projects the RDC could possibly fund. “He is going to give us a dol lar amount that we’re going to play with,” Elkins said. However, the mayor has yet to hear back from the RDC. Cook added that he’s inves tigating possible GEMA funding for improvement projects. “I’m still out there, seeing what all we can get to remod el the city hall,” he said. In a separate matter, Cook told the council that a Neighborhood Watch group for Hidden Falls subdivi sion — one of the city’s largest developments — will hold meetings at the recep tion room at Heaven Bound Ministries, which is adjacent to the neighborhood. Hull leaders disturbed by ‘Hwy. 72 Autobahn’ Assessors .cont’dfrom 1A By Ben Munro ben@mainstreetnews.com remove the assessors without a judge’s ruling to back it up. “We contend that the actual removal itself cannot occur solely by action of this board.” said Leverett. “It must be a Superior Court Judge.” Leverett said the assessor board remains in office at least until the court hearing, and thus can’t be barred from per forming its dudes. “The board members can not be instructed not to come to those offices (the appraisal department) or to perform dudes that they have,” said Leverett. Ragland said he doesn’t believe there is compelling evidence to remove the asses sors. “This digest seems to be the hinge upon which this door is hung,” said Ragland. “We are not perfect; we are as human as you are. Our hands have been somewhat tied in the fact that the previous chief apprais er was under contract with the board of commissioners. He did not come under our man agement.” Ragland said that the appraisal staff has been shorthanded and given more responsibilities by the tax com missioner’s office. He noted that the BOC cut the salary for the chief appraiser from $65,000 to $55,000 last year, then increased it to $75,000 shortly before taking the chief appraiser’s search from the BOA’s hands. “We worked diligently to find you gendemen, and the taxpayers, and the board of assessors, a chief appraiser,” said Ragland. “... I’d like you to know that there’s no ill will from me. I’m sorry that it has come to this.” Stewart said he didn’t feel anything he could do or say would change the minds of the commissioners. “We have been accused of various charges,” said Stewart. “None of them true. All we are guilty of is trying to do the best job possible and find the best people for our office and do what is right for the people of Madison County.” Stewart said he has always “gone above the call of duty” to uphold state law as an asses sor. He said he has known most of the commissioners for years. “I find it hard to believe that you would really believe in your heart that I have done FOR ONLY $5 PER MONTH, YOU CAN LIST YOUR GROUP'S MEETINGS! Let your members know when your group is meeting! Call (706) 367-5233 to advertise your meeting time, place and date in... • The Jackson Herald • The Commerce Hen • The Braselton News • The Banks Count/Hen •The Madison County Journal Citizens Organized for Pipeline Safety investigating the health risks to citizens from underground pipelines and booster stations in Madison Co. Meetings 6:30 p.m. at the Colbert Grove Baptist Church the 2nd Thurs. of each month. 706-783-4702. Pd.04/09 JEFFERSON ip AMERICAN LEGION Albert Gordon Post 56 Each 3rd Tuesday, 7:30 p.m. Harvie Lance, Commander Phone (706) 654-1274 no BANKS COUNTY fg| AMERICAN LEGION Post 215 Meets each 3rd Thursday, 7 p.m. In Homer, GA at the American Legion Building on Historic Highway 441 pd.oe/09 rm VETERANS OF W FOREIGN WARS Post 4872, Hurricane Shoals Convention Ctr. Each 4th Tuesdasy, 7:00 p.m. Lamar Langston, Commander Phone 706-652-2627 263 JEFFERSON EIONS CEUB Meets 2nd & 4th Monday lefferson City Clubhouse 6:30 p.m. *(706) 387-1156 Mack Cates, President 542 A UNITY LODGE F & A.M. No. 36, Jefferson, GA 1st Tuesday of each month, 7:30 p.m. Dwayne Potts • 706-367-4449 Borders St. behind Tabo’s 260 JEFFERSON ROTARY CLUB Meets Tuesdays Jefferson City Clubhouse 12:30 p.m. *(706) 367-7696 Gina Mitsdarffer, President 547 H BANKS COUNTY ^gAMERICAN LEGION Riders Post 215 Meets each 2nd Thursday, 7 p.m. In Homer, GA at the American Legion Building on Historic Highway 441 pd.02/10 Georgia Real Estate Investors Association, Inc. - Athens Meets the third Thursday each month 6:30 pm at the UGA Conferen ce Center 1197 South Lumpkin Street, Athens, GA 30601 Tom Hewlett - Chapter President thewlettl@charter.net pj 12/09 BANKS COUNTY HISTORICAL SOCIETY, INC. meets first Monday each month 7:00 p.m. in the Banks Co. Historial Courthouse at 105 U.S. Hwy. 441 North in Homer pd,-07/09 St. Catherine Laboure Catholic Mission Mass Schedule: Sat. 4:00 p.m., Sun. 11:00 a.m., Wed. 12:10 p.m. Parish Council meetings: 2nd Sunday of the month after 11:00 mass First Friday Adoration 9 a.m. - 7 p.m. Website: www.stcatherinelabourega.org 706-335-2622 pd.04/09 otherwise,” said Stewart. “Yet, I stand accused. Therefore, my response is simple and stiaightforward. I deny any and all charges against me and ask for a right.. .to appear before a Superior Court judge with counsel of my choosing pro vided by Madison County...” After Ragland and Stewart spoke, Commissioner Bruce Scogin made the motion to move forward with the termi nation of the assessors. “I’d just like to echo the sentiment of this board,” said Scogin. “I regret that it’s come to this.” Commissioner John Pethel said he was disappointed with the assessors. “I also would say that I’m very sorry that it has come to this and in reading this letter, that each one has prepared, I am thoroughly disappointed in some of the remarks that they made concerning the board of commissioners,” said Pethel. “When the condition in the board of assessors is what it is. I’m just terribly disappointed in the BOA that they would make that kind of comment.” Drivers aren’t obeying the 45 mph speed limit on Hull’s main thoroughfare, the city’s mayor said. "We have legally named Hwy. 72 “The Hwy. 72 Autobahn,” mayor Paul Elkins said, “because of the excessive speed that is displayed by too many motorists.” That’s partly due an absence of speed limit The Madison County Journal is your source for local news. Call 706-795-2567 to subscribe. WATKINS MONUMENTS Monument Sales & Date Engravings We are here to provide all your cemetery needs. Serving Madison and surrounding counties for over 30 years. BUCK WATKINS 706-283-7326 ^ Goos e A country store featuring items ‘made from scratch’ 64 South 4fh Street, Colbert, Ga. 30628 706-788-7870 Store Hours: 11 a.m. - 6 p.m. Closed on Wed. & Sun. Teresa & Scott Kesterson Featuring: • Made from scratch countrq decor by Jeff &- Carrie Thomas • Balloon Bouquets for every occasion (local delivery) • Scare-Me-Nots plush toys Open House Sunday, April 2.6 2:00 p.m. - 5:00 p.m. signs, which were removed by the state DOT when the highway was widened to four lanes earlier this decade. The city has requested those 45 mph speed limit signs be returned. “Now, I’m not going to sit here and tell you that I expect people to do 45 mph, because that ain’t going to happen," Elkins said. “But if we can slow them down a little bit ... because somebody is going to get hurt out there.” Elkins commended the Madison County Sheriff’s Office for slowing speed ers on Glenn Carrie Road, a connector between Hwy. 72 and Hwy. 29. Several have been tick eted, he said, reducing the average speed on that road substantially. "They have done a superb job over there ... The speed limit has prob ably dropped 20 mph,” Elkins said. 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