The Town of Bowersville City Council’s Jan. 18 meeting was not only the first of the new year, but the first with the newly-elected leadership sworn in Jan 2. Mayor John Smith, councilwoman Alicia Barnett, councilwoman Joyce Rumsey, and councilman Matthew Butler implemented notable changes. These included establishing a regular meeting schedule, arranging for renovations and an audit, and voiding the intergovernmental agreement (IGA) between Bowersville and Hart County.
The new council first approved the minutes from the swearing-in ceremony, then voted on a meeting schedule. Work sessions will be held the first Tuesday of every month at 6 p.m. and regular meetings on the third Thursday of every month at 6 p.m.
The council then addressed a host of items to renovate, clean, and beautify several buildings and the town generally. This included the whistle stop building, which needs its roof replaced. Mayor Smith explained that they will “put out quotes for the whistle stop building…so we know what we’re looking at, to get a grant.” This was approved. The next item on the agenda was also approved; this regarded getting new phones for governmental business for the courthouse, mayor, council members, and town hall. (Mayor Smith also mentioned the need to get a system in the courthouse in order to pay the water bill and debit card expenses. Barnett echoed that interest, as well as interest in getting the Internet working in that building.)
The council then appointed town clerk Mary Dowell permanently. Dowell is being trained for the position by the previous clerk, Elaine Evans. They also voted to use William’s Cleaning Service to replace damaged and mismatched tile and strip and wax the floor in the community center for $1,500.
New town attorney Matt Easom (of Easom & Roquemore LLC) then addressed the intergovernmental agreement (IGA) between Bowersville and Hart County. The Sun previously
reported on a special called meeting of the town council on Sept. 14, where the IGA was discussed. Former mayor Pruitt Manley stated then that it would allow the county to maintain town roads between East Main Street from State Route 51 south of town, and that the agreement was beneficial because Bowersville did not have funds to maintain the stretch. The agreement also stated that after the de-annexation of 10 properties (which was also approved that day), the county would deliver construction and maintenance services to the street and the majority of public streets and roads would thus become part of unincorporated Hart County.
The agreement said it was in the “public interest and the promotion of safety for Hart County to own and maintain the portion of East Main Street…[and] for the public welfare and benefit” of Bowersville residents. However, it was also in the personal interest of former mayor Pruitt Manley and multiple council members (Christie Simpson, Ted Yeargin, and Melissa Holloway) who wanted their private property de-annexed. (The Sun said on Sept. 21 the wave of de-annexed property came on the heels of several passed ordinances by the town council that placed restrictions on the construction and maintenance of poultry facilities within the city limits. The Board of Commissioners had previously approved the 10 de-annexation applications in July.)
The Board of Commissioners voted 5-0 to approve the IGA at their Nov. 28 meeting, and on Dec. 12 they unanimously approved a motion that Chairman Marshall Sayer sign the deed. However, at the Jan. 18 Bowersville council meeting, Mayor Smith stated that the new town leadership spoke with Easom and explained that they would void the agreement and send it back to the county, as they did not “feel like what was taking place on East Main Street was correct and handled properly [by Bowersville’s former leadership].”
Easom then cited language from multiple sections of the town charter as reasons why he believed the contract should be voided. He also stated that the language of the IGA “inextricably linked” it to de-annexation, and highlighted the conflict of interest.
“What happened in this case was…every member on the council with their own private issue abstaining from the vote on their property, while everyone else who [also] had their own private issues voted [in favor of de-annexing that person’s property], and then they returned the favor,” Easom said.
Easom added that the former leadership hired another attorney and “engage[d] him with the public funds of the City of Bowersville, to accomplish the de-annexation of their own private property. This is a violation of section 2.16 and their oath of office.”
The former council and former mayor also quitclaimed and sold the street to the county for one dollar and other good and value consideration, without voting. However, Easom explained that nothing was done to show that the properties had no readily ascertainable value or that it was no longer of public interest to Bowersville; the agreement merely said it was in the public good for the county to own it. Easom also reminded everyone that when he “reviewed the minutes [from the called meeting], nothing [was] said about a sale or conveyance of property, only that it was necessary for Hart County to start maintaining the area.”
Additionally, the fact that neither the IGA nor the quitclaim deed were reviewed and signed by the former town attorney flatly determines that the contract is not binding with the town, according to Section 6.30 of the town charter.
The Bowersville City Council ultimately moved to void the agreement and for Easom to send a letter detailing the decision back to the county. This was unanimously approved.
Barnett then reminded residents to sign up for committees, including community relations, events, and cemetery committees.
Mayor Smith also said they would do an audit soon, after tax season. “It is in the charter that we have an audit done every year. There has not been a town audit done in two years, which is a violation. But we will have that done and completed in May,” he said.
Mayor Smith also said they were looking to hire a maintenance and landscaping man. He specified that the maintenance man was needed to cut grass, clean up fallen tree limbs and trim limbs, and fix water leaks, and noted that the cemetery was in much disrepair and needed beautification.
The meeting was then adjourned. In accordance with the approved meeting schedule, the next Bowersville City Council meeting will be Feb. 15 at 6 p.m.