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PAGE 2A —THE MADISON COUNTY (GA) JOURNAL THURSDAY. AUGUST 6. 2009 BOA members hold final meeting By Zach Mitcham zach@mainstreetnews.com Madison County assessors met to discuss legal fees last Thursday in what turned out to be their final gathering at the county meeting table. Three of the four BOA members, who waged a nearly four-month fight against their termination by the board of commissioners, attended the meeting. Samantha Garland was the only member not present. Chairman David Ragland opened the discussion of legal fees Thursday, momentarily stepping down as BOA chairman to offer a report as a member of the asses sors’ legal committee. He moved to Garland’s seat to deliver the legal committee report, then moved back to his seat after the report and became BOA chairman again. According to county records, the BOA has accmed $6,577 in legal fees in fighting the BOC’s termi nation. The three bills — $1,737, $1,632 and $3,207 — were for the services of attorney Rob Leverett, who defended the BOA at the July 8 hearing before Judge John Bailey, who issued a recommendation this week supporting the BOC’s termi nation of the assessors. But Thursday's meeting includ ed no discussion of Leverett’s fees. Instead, the group discussed two bills from local attorney Lane Fitzpatrick to Ragland, for $515, and Larry Stewart, $585 — which Stewart has paid. The two mem bers of the BOA legal commit tee met with Fitzpatrick in April for possible representation for the BOA. But the assessors chose to have Leverett represent them in the tennination fight. The BOA agreed to formally submit a request to the county commissioners to cover those bills from Fitzpatrick. County attorney Mike Pruett said the county will not cover the bills. “The county will not and cannot cover those bills,” said Pruett. “... The bills at issue are for services rendered through April 9,2009. No request for legal representation was even made to the board until April 13. That request was for repre sentation by Rob Leverett, and it was approved. Therefore, no reim bursement can or will be made for the bills from Mr. Fitzpatrick.” BOA ..cont’dfrom 1A is a “good and wise course of action.” Madison County commissioners scheduled a meeting for Thursday at 4 p.m. to officially approve the termination of the four BOA mem bers. The meeting agenda includes “establishing the membership and terms" of the BOA and “consid er appointments” to the assessor board. BOC chairman Anthony Dove said the commissioners plan to make the BOA a three-member, rather than a five-member board. “We just want to change the direc tion of how things have gone and we’ve looked around and a lot of other counties have three-member boards,” he said. Dove said he hasn’t relished the removal of the BOA members, add ing that he holds no ill will toward those fired from the board. “It’s something I didn't want to have to do, but it’s something we (the BOC) felt we had to do to set a new direction,” said Dove. “We're going to get this (tax assessment problems) fixed." Dove said the BOC will seek outside help on establishing sound tax assessment practices in Madison County. He noted that he has spoken with a consultant for the Association County Commissioners of Georgia. Bailey also suggested in his recom mendations that the board work with long-time Athens-Clarke County chief appraiser George Hanson to establish healthy assessment prac tices. Larry Stewart, who spoke for the entire board at the July hearing before Judge Bailey, said Tuesday that he is disappointed with the judge’s recommendation, add ing that the issue goes deeper than Madison County’s conflicts. “I have done absolutely the best job I know how and I’m extremely disappointed," said Stewart. "But I think it's a sad day, not only for this board of assessors, but for every board of assessors in Georgia. Because from now on, no board will be safe from governing authority abuse." David Ragland echoed Stewart's sentiments, asserting that the judge’s recommendation will have a ripple effect across the state, leaving asses sors unprotected against commis sioners. “Obviously, I disagree with the findings of the judge," said Ragland. “... I believe this is a grave injustice done to the other 158 counties ... Over time, this ruling will change the precedent of the how things are done throughout Georgia." He added that he felt the county will suffer because of the BOC’s action against the assessors. “I feel the taxpayers of Madison County will see a great difference in their fair market values, perhaps even a rise in taxes overall," he said. Ragland said he couldn’t say whether the BOA would accept the judge's recommendation. “It's awfully early and I don't think we’ve had a chance to lay it on the table; we’ll need more procrastination and discussion," said Ragland. 'To say 'yes' or 'no' (on whether the BOA will continue to fight) would be an injustice to the entire process." Contacted about the judge's rec ommendation, Jim Escoe said he had a lot he wanted to say, but he declined to comment for this story. Samantha Garland said she har bors no ill will toward the BOC. “They did what they thought they had to do,” said Garland. "I put a lot of time, energy and effort into this job for quite a few years and this is how it ended. But I'm not upset or angry.” Garland said that anyone over seeing property assessments as an assessor board member is taking on a service that requires considerable training and a thick skin, with few thank-yous in return. “I hope they (the BOC) will find someone willing to put the time, energy and effort into a very thank less job,” said Garland. The BOC cited four main rea sons for dismissing the assessors. They said the BOA members failed to submit tax digests by deadline, that they failed to secure a chief appraiser, that there has been con stant turmoil among BOA mem bers and that a 2008 Department of Revenue audit revealed numerous assessment problems. Bailey backed up each BOC point in his recommendation. ‘The BOA essentially presented a single line of response to all charges, to wit, that their less-than- complete control over personnel is the cause of all their problems," wrote Bailey. "The Court finds this explanation difficult to accept.” Bailey said the BOA’s failure to control the chief appraiser’s post did not relieve assessors from their responsibility of filing a timely digest. He added that the BOA showed an inability to act in a timely manner on nominating someone for the chief appraiser's post. “While the BOA may have resented their lack of termination power, and while this may have been a factor in the increasingly sour nature of their relationship with the former chief appraiser, the Court finds it a stretch to lay all blame for the BOA’s repeated failures to submit timely digests on this doorstep,” wrote the judge. While BOA members said the BOC’s interference in assessment matters drove away potential chief appraiser candidates, the judge said the assessors’ actions were a real deterrent. “A BOA that has exhibited a tendency to micromanage its chief, as this one so clearly has, is just as off-putting to potential candidates as is the specter of BOC control," wrote the judge. Bailey said the “Court has grave concerns regarding the ability of these BOA members to work with" new chief appraiser Robin Baker, whom they did not recom mend for the position. "... (T)he Court finds it obvi ous that leaving these particular BOA members in place, after they have already displayed such bit ter relationships with one another and such strong tendencies to over-direct their professional staff, would almost certainly make things worse rather than better," wrote Bailey. Madison County Republicans to meet Aug. 15 Madison County Republicans will meet Saturday, Aug. 15, 8:30 a.m. at the Madison County Library, All Madison County registered voters are welcome to attend. Doors will open at 8:15 a.m. with breakfast served before meeting. The guest speaker for this meeting will be Senator Eric Johnson, (R) candidate for Governor. This will be the fourth gubernatorial candidate the party has brought to Madison County. >>>>>>:<»>>>>>>>>>>>>>>>>>>>>~ Announcing the arrival of DR. KRISTY E. CARTER Pediatrician at medIlink t COLBERT ON AUGUST 3, 2009 ACCEPTING NEW PATIENTS • Birth to 18 years • Immunizations • Sick and Well Child Care • Hospital Newborn Care • School and Sports Physicals • Board Eligible in Pediatric Medicine Medlink Colbert accepts: Medicaid (Amerigroup, Wellcare, PeachCare for Kids, Georgia Better Healthcare), State Health Benefits Plan, Medicare, Tricare, most insurance programs and offers a sliding fee program for patients who quality with proof of income and household size. 11 Charlie Morris Rd. Colbert, GA 706-788-2127 Dr. Carter graduated from the University of Georgia with a B.S. in Exercise and Sports Science and earned her Doctorate in Medicine from Medical College of Georgia. She completed her pediatric residency at Greenville Hospital System in Greenville, South Carolina. Dr. Carter is a native of Barrow County and is excited to return to Northeast Georgia. When not practicing pediatric medicine, she and husband, Jonathan, can be found outdoors hiking and backpacking, or spending time with family. She enjoys cooking, quilting, and music. BOC ..cont’dfrom 1A viously un-enforced 240-hour limit on accumulated leave time. The board discussed the fact that many employees have accumulated well over the limit, some as much as 400 hours or more. They agreed that leave time should be moni tored more stringently in the future and to encourage employees to take the time off over the next few years to get the accumulated time down. “There must be some that have never taken a vacation," Dove said. Auditors have told the BOC that accmed time is a county liabil ity, now totaling approximately $85,000. Auditors also expressed concern over leaving the accmed time until employees retire, as the board has previously discussed, saying that could bind future administrations. A requirement that mandates employees compensate the county for county-paid training if they leave within two years is not a part of the new personnel policy. County attorney Mike Pruett suggested that instead of placing such a requirement in the person nel policy, the board ask constitu tional officers such as the sheriff to apply the requirement internally since it also affects them adversely to lose newly-trained employees. Pruett pointed out that the county personnel policy does not apply to constitutional officers unless they choose for it to apply anyway. “We need to discuss it with (them), since it will benefit them as much as anybody,” commissioner Stanley Thomas said. (The requirement mandated that an employee who completes training at the county’s expense but leaves the job within a year is required to pay back all train ing expenses. If the person leaves within two years, he or she is required to pay back 50 percent of the expense.) In another matter, commission ers agreed to accept Chastain and Associates Insurance proposal for 2009-10, which renews this fall. The insurance premium includes a 1.4-percent rate increase for the year, bringing the county’s year ly premium from $176,000 to $185,000. Insurance representative Dan Home pointed out that three new ambulances purchased last fall and valued at $395,000, were added to the new premium and that a real estate study found that the old courthouse, which has underwent extensive renovations, was under insured at $700,000. Coverage on the historic structure was increased to just over $2 million. An overall three-percent increase was also applied to other coun ty-owned buildings, Home said. Overall deductibles have also been reduced. In other business, chairman Dove told commissioners that the DOT maps for the proposed changes for Hwy. 29 (including alternate routes) will be on display in the county complex beginning this week, along with comment forms for citizens to fill out for submission to the state. The board again took no action on moving human resources direc tor Donna Sisk from hourly to salary, agreeing to consider the matter again for next year. County attorney Mike Pruett advised the board that it should first look at all county employees, salaried and hourly, to determine whether they should be exempt or non-exempt from overtime pay. The board voted to allow road department employee Ken Martin to move from a mowing crew II position to a sign tech/maintenance detail position at the same pay rate to fill the position of someone who is retiring. Dove asked commissioners to submit a list of roads from each of their districts that they would like to see paved. “This will at least give citizens some indication that we’re looking at the roads,” Dove said. The board discussed creating a daytime noise ordinance that the sheriff’s office can enforce, since the current ordinance only address es a cut-off time for noise. The commission agreed to allow Dove to sign a Daughters of the American Revolution (DAR) res olution proclaiming Sept. 17-23 "Constitution Week." A proposed Group Adoption Agreement with ACCG for inmate medical was postponed until the Aug. 31 business meeting. Hwy. 29 ..cont’dfrom 1A factor into the Hwy. 29 project either, McMurry said. Those dol lars go toward projects designated as “shovel-ready” by March 2010. McMurry said the point of last Thurday’s open house was to col lect citizen input over the different routes to help formulate a plan. “It gives us some idea of where you start design," McMurry said. Lane and Rita Collins, who live near the Golden Pantry on Fortson Store Road, didn't have any spe cific problems with the maps but don't expect a revamped Hwy. 29 anytime soon. “I think it will be a good many years before it comes,” Lane Collins said. But Collins did wonder what economic effect this would have on Danielsville if it ever did. Three bypass options route traffic away from the city’s businesses. "I wondered about bypassing a small town like Danielsville, what effect it might have on businesses,” Collins said. “If I was a small busi ness owner, I might be upset.” Others wondered if Hwy. 29 traffic warranted a bypass around Danielsville at all. Chandler noted that Madison County Middle School has moved out of Danielsville, which might have eased some traffic conges tion. She also questioned the rationale of such a project given the eco nomic climate. "You wonder if there’s going to be the growth to sustain the need,” Chandler said. But for now, property owners are in wait-and-see mode. Roger Jordan, who lives on Hwy. 29 in Dogsboro, said one proposed route would take part of his right of way. But he remembered talk of widening Hwy. 29 and bypassing Danielsville a decade ago when he first moved to his property. "That was 10 years ago and nothing has happened,” he said. GreenSouth put real power in my hands. My John Deere is the 5101E Limited Utility Tractor With a 12F/12R FbwrRPverser" transmission that’s ideal for heavy appkations. the mighty John Deere 5101E Limited Utility Tractor serves up 101 HP via its FbwefTech"’ 4-cylinder turbocharged diesel engine, making it one high-torque, low-emission machne And the standard dmate-controBed cabs deliver on comfort and performance Strong yet flexible, the 5101E can adapt to a wide variety of implements with a category 2/1 three-pomt hitch Thanks. GreenSouth. for giving me the pcwer to get more done! That’s my John Deere. What’s Yours? 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