County discusses lawsuit; hears update on tax reform

2008-07-17 / Front Page

The decision made by the Georgia Court of Appeals to grant Lincoln County's petition for declaratory judgment relief, filed against Sheriff Gerald Lawson in February of 2007, was discussed at the regular meeting of the Lincoln County Board of Commissioners held Thursday, July 10.

The ruling to uphold Superior Court Judge T. Penn McWhorter's decision in favor of the county was issued Tuesday, July 8, by Judge A. Harris Adams.

The county filed a petition for declaratory judgment relief against Sheriff Lawson after he refused to transfer $16,000 in revenues, generated by the inmate telephone system at the Lincoln County Law Enforcement Center, to the county's General Fund.

In his remarks during the meeting, Britt Hammond, county attorney, said, "The case arose when the sheriff illegally tried to give his department a budget increase by refusing to turn over the money generated by inmate telephone contracts.

"The Court of Appeals affirmed Judge McWhorter's ruling in favor of the county, agreeing with the board of commissioners on every point."

Commission Chairman Walker Norman noted that the court's ruling will have an effect on what sheriffs all over the state can and cannot do.

"We had several calls today from other counties where this type of activity has taken place," the chairman said. "I see this as a victory for Georgia county governments as a whole."

A more detailed story on the ruling made by the Court of Appeals appears elsewhere in this edition of The Lincoln Journal.

In other business, Chairman Norman reported on his plan to research, develop, and present a tax reform proposal to the commission later this year.

"The study, which should be completed in the next few weeks, will outline what we think the legislature will do next year and what Lincoln County needs to do," said the chairman.

"The General Assembly will act on some type of tax reform - we want to be in a position to propose a plan to our legislative delegation for a tax freeze for Lincoln County," Norman continued. "However, if the state doesn't pass anything, our bill can move forward, and we can get something done at the local level."

In further business, the commission:

.. Heard the Department of Public Safety Report given by Director Ernie Doss, who said the ambulance and fire/rescue services responded to 125 calls for emergency assistance during the month of June. Call volume was up six calls when compared to June of 2007.

"Overall, our call volume was up 16 percent from last year," said Director Doss.

Concerning the E-911 center, operators handled 948 emergency calls last month, monitored 7,610 radio transmissions, and dispatched a total of 628 public safety, law enforcement, and fire calls.

In his comments, Doss indicated that the Gold Cross Ambulance Service of Augusta recently donated furniture for the dispatch center, which cost in excess of $100,000 when it was new.

Chairman Norman asked the director to relay his appreciation to Gold Cross.

.. Heard the Department of Public Works Report given by Director Roby Seymour, who said his office billed 1,331 water customers and 417 "availability" customers last month for a total of $50,014.02.

Concerning roads, the director reported that his staff has been busy paving Thomas Lane Post Road and the interior streets in the Indian Cove subdivision; bush-hogging; cutting trees off of right-of-ways; hauling crush-and-run, asphalt, and soil; working on signage; and motor grading.

.. Voted to accept a right-of-way deed for 1.83 acres from the developers of The Retreat at Lake Thurmond, at no cost to the county, to facilitate the realignment of Ann Scott Road. The developers of the new subdivision will bear the expense of paving the access road.

.. Voted to approve a cash bond reduction request in the amount of $177,862.25 made by the developers of Serenity Point. The remaining balance in the fund is $1,669,118.32.

.. Voted to renew the right-of-entry permit with the United States Army Corps of Engineers to allow the developers of the Stillwater Coves subdivision to conduct underwater sound surveys on Fishing Creek. The developers plan to extend water lines from Tabernacle Church Road across the creek to the subdivision.

The developers will pay the $500 renewal fee.

.. Heard the Recreation Department Report submitted by Director Kathie Davis, who indicated that 10 children signed up for swimming lessons at the county pool the week of June 23.

She went on to say that the adult softball season started Tuesday, June 24, and will continue through the week of August 1. Games are held on Tuesday and Thursday nights at 7:15 and 8:15 p.m.

In other items of information, Davis said that a football camp will be held at the recreation complex July 28-30. Coach Glenn Matthews is set to serve as the instructor.

She further noted that work is progressing on the new gymnasium and restroom/storage building at the complex.

.. Heard the Finance Department Report given by Director Traci Bussey.

.. Reviewed the Planning and Zoning Department Report submitted by Director Meg Burg, who indicated that her office issued 16 business licenses during the month of June for a total of $835.75.

Regarding code enforcement, 54 building permits were issued last month for a total of $4,552, and 121 building inspections were conducted.

.. Voted to sign a resolution to adopt the "Restated and Updated 2008 Model Plan for the GEBCorp Retirement System."

.. Voted to appoint Elizabeth Arthur to the Community Services Board of East Central Georgia.

.. Voted to adopt an ordinance authorizing the county to:

(1) Impose curfews during times of emergency or disaster.

(2) Require building and repair services to register with the county during a state of emergency.

(3) Prohibit overcharging for goods, materials, services, and housing during a state of emergency.

(4) Suspend portions of the code of ordinances and other formalities during a state of emergency.

.. Voted to sign a lease agreement that will allow the Advanced Technology Group to put an antenna on the county tower on Graves Mountain. In return, the courthouse complex will receive T1 Internet service for the life of the five-year lease, saving the county approximately $300 a month.

The next regular meeting of the board of commissioners will be held Thursday, August 14, at 6 p.m. in the courtroom on the second floor of the courthouse.

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