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A rendering of the proposed subdivision along Liberty Hill and Fairview Roads in Hartwell.
On Tuesday, Dec. 13, the Hart County Board of Commissioners revealed that its formal letter of objection to the City of Hartwell’s proposed annexation of 247 acres for a planned subdivision development was not processed by the state of Georgia, potentially allowing for the annexation to proceed unimpeded.
On Nov. 9, the Hart County Board of Commissioners submitted to the State Department of Community Affairs an objection to the annexation and zoning proposal for Kenny Whitworth and Brandt Bentley’s planned development along Liberty Hill and Fairview Roads.
County attorney Walter Gordon read the State Department of Community Affairs’ message sent to the commissioners on Dec. 8, which stated the letter of objection could not be approved due to the Department of Community Affairs’ failure to assemble a panel of arbitrators to preside over the county and city’s case.
“Our objection was filed in a timely fashion, but on Dec. 8, we received an email from an individual at the Department of Community Affairs, which stated that she was responsible for impaneling the arbitrators and that she had made several attempts by email and phone call, and was unable to assemble a panel of arbitrators, and the time had expired, and the legislation did not provide for an any extension of time. And left it just like that,” Gordon said.
The state of Georgia does not specify any remedy for a case of arbitration when its approval by the state has expired, which prompted the board to search for legal recourse in executive session on what it could do to potentially prevent the annexation.
Each of the five board members has in recent months expressed varying levels of wariness in regards to the proposed development and its annexation, citing added density, traffic and other growth-related concerns.
“[The board] will be discussing what legal redress the county has to compel the state to do what it has to do, and to effectively, or at least stop the city from approving the annexation, because once the annexation is approved the door is shut,” Gordon said. “It bothers me to no end that there is a right without a remedy. That’s not fair and it simply should not be allowed to stand.”
Currently, Hartwell City Council can legally proceed unhindered with the annexation request..
“We know where Hart Countians stand on this,” Gordon said. “We know that Hart Countians cherish the way of life we have, and we want to preserve that way of life; I cannot believe that the law would let us down like this, but I’ll prepare you by telling you that I have seen such happen in the past.
“The law is a swift sword once enacted, but to bring about change to the law [is] a slow and difficult process. It’s like swimming through molasses.”
Gordon said that if the annexation process is to go through unchallenged or unrepresented, then cities across the state of Georgia would “wait out their 15 days and get a free pass.”
Gordon said that if the annexation were to take place without any remedy then the board would take legal action against the state.
“It’s clear this is at the feet of the Department of Community Affairs in this case,” Gordon said. “The state of Georgia has vast resources and it’s just awfully hard for me to accept the fact that when [the state] is faced with a legal duty under the statute that they can say ‘we can’t do it.’
“This is not a simple lawsuit. It’s not inexpensive either. When you sue the state of Georgia, you’ve got the entire Department of Law [and it’s] headed by the attorney general ready to defend the state. We’re not scared of them. I’ve taken them on before and I’ve whooped them before, but we’re going to be swimming upstream. I hate that we’re put in that position, especially when the law is on our side and we’ve been stripped of a right we had under that very law. It’s just wrong.”
Subdivision Moratorium Extension
Additionally, the board approved to extend a subdivision moratorium it has had in place since July 2021, however some of the language was revised in February 2022. The moratorium was extended Tuesday for an additional six months until July 31, 2023.
“We’ve got to do some more work on [the subdivision moratorium],” Dorsey said. “There’s just some things that need to be done that we haven’t had time for yet.”
Commissioner Joey Dorsey initially proposed to extend the moratorium for a year until commissioner Jeff Brown proposed to hold it for six months, which the board adopted.
The six-month extension stems from the February moratorium on subdivisions that the board enacted to prevent the issuing of building permits that could lead to the development of subdivisions in Hart County on existing county roads.
In other business:
•The board approved the second reading of the Sunday sale of Distilled Spirits Ordinance.
•The board approved the second reading of the beer and wine ordinance revision.
•The board submitted bids for a sidearm tractor to the county administrator for review.
•The board canceled the Dec. 27 board meeting.
•The board approved the beer and wine Class A and B license for local businesses.
•The board appointed Pam Gordon under the Democratic Party and Dotty Williams under the Republican Party to the Hart County Elections Board.
•The board appointed Amanda Brown to the Board of Assessors.
•The board appointed Aaron Gaines, Steve Wehunt and Brian Wise to the Recreation Advisory Board.
•The board appointed Bill Chafin to the Chestatee-Chattahoochee RC&D board.
•The board appointed Roy Crocker, Jessica Corbin, and Jessica Seawright to the Joint Development Authority.
•The board voted to advertise a job position for the tax assessor office in January.