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March 22, 2010 @ 6:00
Courthouse

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AGENDA
 
CALL TO ORDER – CHAIRMAN
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL
 
ADOPTION OF AGENDA
 
APPROVAL OF MINUTES
Approval of Minutes: The minutes of the Workshop on Thursday, February 11, 2010
 
Approval of Minutes: The minutes of the Commissioners’ Meeting, February 15, 2010
 
Approval of Minutes: The minutes of the Town Hall Workshop on Monday, March 8, 2010.
 
PRESENTATIONS/ANNOUNCEMENTS:
 
  1. Congratulations to Melanie Bellinger, Habersham County E-911 Assistant Director for receiving her CEM (Certified Emergency Management Certificate).
 
  1. Proclamation Proclaiming the Month of April 2010 as National Prevent Child Abuse Awareness Month
 
  1. Proclamation Urging Residents to Participate in the United States 2010 Census
 
  1. All County Offices, with the exception of the Landfill, will be closed on Friday, April 2nd, in observance of Good Friday.
 
  1. All County Offices, with the exception of the Landfill, will be closed on Monday, April 5th, in observance of the sixth of seven furlough days for budget year 2009/2010.
 

By permitting opponents or speakers to present public comment to the county, the county does not acquiesce or waive its ability to challenge to the legal standing of the speaker(s) in the event of litigation.

 
PUBLIC HEARINGS:  

 

 
 
  1. Second Reading and vote of An Ordinance to Require Registration of Building and Repair Services During a State of Emergency
 
  1. Second Reading and vote of a General Release Agreement
 
  1. Second Reading and vote of An Ordinance to Prohibit Overcharging for Goods, materials, Services and Housing During a State of Emergency
 
  1. Second Reading and vote of An Ordinance Authorizing the Suspension of Portions of the Code of Ordinances and Other Formalities During a State of Emergency
 
  1. Second Reading and vote of An Ordinance Authorizing the Imposition of Curfews During Times of Emergency or Disaster
 
  1. SP-10-01: Subdivision Approval Request from Keith Halverson for Preliminary Plat approval of Olde Rockhouse Mill consisting of 18 Residential Lots located off of Shallow Creek Drive (Tax Map 42, Parcel 134).
 
CONSENT AGENDA:
 
  1. Board of Tax Assessors Affidavits of Correction 2009 10 and 2009 11
 
  1. Consider/Approve bid for two new heavy duty trucks for the Road Department: Nalley Motor Trucks
 
  1. Consider/Approve work authorization for professional service associated with the Relocation of Airport Road.
 
  1. Consider/Approve – work authorization for Programming and Conceptual Design Service for Airport Improvements.
 
  1. Consider/Approve adding the Habersham County Fire Station 9 Copier to the existing County Wide Copier Agreement with Duplicating Products
 
  1. Consider/Approve Agreement to Provide Probation Services to the Superior Court of Habersham County
 
  1. Consider/Approve Resolution to Create a Committee to Recommend Wording for Ordinance Regulating the Siting and Permitting of Wireless Telecommunications Towers and Facilities
 
REPORTS:
 
  1. Fiscal Status Report: Jason Tinsley, Asst. Co. Manager/Finance Director  
 
  1. Economic Development Report: David Inglis
 
 
 
 
APPOINTMENTS:
 
                        COMPREHENSIVE PLAN ADVISORY COMMITTEE
1.      Habersham County         At Large (3 year term)
2.      Habersham County         At Large (3 year term)
3.      District 1                           Commissioner James (2 year term)
4.      District 2                           Commissioner Miller (1 year term)
5.      District 3                           Commissioner Dunham (1 year term)
6.      District 4                           Commissioner Mulkey (2 year term)
7.      District 5                           Commissioner Vermilya (2 year term)
 
RECREATION
 
1.      Flint McCullough              Commissioner Mulkey
 
NOTE: Tabled until the 3/22/2010 Commission Meeting
 
DEVELOPMENT AUTHORITY
 
1.      Eddie Hood                     Commissioner Dunham
 
NOTE: Tabled until the 3/22/2010 Commission Meeting
 
WATER
 
1.      John Brewer                    Commissioner James
 
NOTE: Tabled until the 3/22/2010 Commission Meeting
 
OLD BUSINESS:
 
NEW BUSINESS:
 
  1. Consider/Approve Adoption of the FY2011-FY2015 Capital Improvement Plan
 
  1. Consider/Approve Resolution to extend Moratorium on Telecommunication Tower Ordinance
 
PUBLIC COMMENTS:
 
  1. Habersham County Outdoor Lighting Ordinance (enforcement and reduction of light pollution in North Georgia): Jim Reaves
 
 
 
EXECUTIVE SESSION:
 
a.                  Personnel 
b.                 Litigation
c.                  Purchase of Property
 
ADJOURN:
 
Posted by:  Lisa A. Ritchie, County Clerk
                        March 18, 2010 at 9:00 a.m.
 
Show/Hide Minutes
A meeting of the Habersham County Board of Commissioners was held on Monday, March 22, 2010, at 6:00 p.m. in the Main Court Room at the Courthouse in Habersham County, Georgia.
 
Present: Chairman Doug Vermilya; Commissioners; Charlie Miller; Gerald Dunham; Lee Mulkey and Sonny James; County Manager Janeann Allison; County Clerk Lisa Ritchie and County Attorney Mike Green.
 
Chairman Vermilya called the meeting to order at 6:00 p.m.
 
Chairman Vermilya led the Pledge of Allegiance.
 
Chairman Dunham led the Invocation.
 
Janeann Allison, County Manager, conducted the roll call with five Commissioners present.
 
ADOPTION OF AGENDA
 
Motion by Commissioner James, seconded by Commissioner Miller and voted unanimously to adopt the Agenda with the following changes/additions:
 
Remove from the CONSENT AGENDA:
 
  1. Consider/Approve bid for two new heavy duty trucks for the Road Department: Nalley Motor Trucks
 
  1. Consider/Approve Resolution to Create a Committee to Recommend Wording for Ordinance Regulating the Siting and Permitting of Wireless Telecommunications Towers and Facilities
 
Add to NEW BUSINESS:
 
  1. Consider/Approve bid for two new heavy duty trucks for the Road Department: Nalley Motor Trucks
 
  1. Consider/Approve Resolution to Create a Committee to Recommend Wording for Ordinance Regulating the Siting and Permitting of Wireless Telecommunications Towers and Facilities
 
APPROVAL OF MINUTES
 
Approval of Minutes: The minutes of the Workshop on Thursday, February 11, 2010
 
Motion by Commissioner Mulkey, seconded by Commissioner Miller and voted to approve the minutes of February 11, 2010. 
 
Approval of Minutes: The minutes of the Commissioners’ Meeting, February 15, 2010
 
Motion by Commissioner James, seconded by Commissioner Mulkey and voted to approve the minutes of February 15, 2010. 
 
Approval of Minutes: The minutes of the Town Hall Workshop on Monday, March 8, 2010
 
Motion by Commissioner Miller, seconded by Commissioner Mulkey and voted to approve the minutes of March 8, 2010. 
 
PRESENTATIONS/ANNOUNCEMENTS:
 
  1. Congratulations to Melanie Bellinger, Habersham County E-911 Assistant Director for receiving her CEM (Certified Emergency Management Certificate).
 
  1. Proclamation Proclaiming the Month of April 2010 as National Prevent Child Abuse Awareness Month
 
  1. Proclamation Urging Residents to Participate in the United States 2010 Census
 
  1. Proclamation designating April 11-17 as National Telecommunications Week
 
  1. All County Offices, with the exception of the Landfill, will be closed on Friday, April 2nd, in observance of Good Friday.
 
  1. All County Offices, with the exception of the Landfill, will be closed on Monday, April 5th, in observance of the sixth of seven furlough days for budget year 2009/2010.
 

By permitting opponents or speakers to present public comment to the county, the county does not acquiesce or waive its ability to challenge to the legal standing of the speaker(s) in the event of litigation.

 
PUBLIC HEARINGS:  

 

  1. Second Reading and vote of An Ordinance to Require Registration of Building and Repair Services During a State of Emergency
 
Motion by Commissioner Dunham, seconded by Commissioner Miller and voted unanimously to approve the Ordinance to Require Registration of Building and Repair Services During a State of Emergency.
 
 
 
  1. Second Reading and vote of a General Release Agreement
 
Motion by Commissioner James, seconded by Commissioner Mulkey and voted unanimously to approve the General Release Agreement.
 
  1. Second Reading and vote of An Ordinance to Prohibit Overcharging for Goods, materials, Services and Housing During a State of Emergency.
 
Motion by Commissioner Miller, seconded by Commissioner James and voted unanimously to approve the Ordinance to Prohibit Overcharging for Goods, Materials, Services and Housing During a State of Emergency.
 
  1. Second Reading and vote of An Ordinance Authorizing the Suspension of Portions of the Code of Ordinances and Other Formalities During a State of Emergency.
 
Motion by Commissioner Mulkey, seconded by Commissioner Miller and voted unanimously to approve the Ordinance Authorizing the Suspension of Portions of the Code of Ordinances and Other Formalities During a State of Emergency.
 
  1. Second Reading and vote of An Ordinance Authorizing the Imposition of Curfews During Times of Emergency or Disaster
 
Motion by Commissioner James, seconded by Commissioner Miller and voted unanimously to approve the Ordinance Authorizing the Imposition of Curfews During Times of Emergency or Disaster.
 
  1. SP-10-01: Subdivision Approval Request from Keith Halverson for Preliminary Plat approval of Olde Rockhouse Mill consisting of 18 Residential Lots located off of Shallow Creek Drive (Tax Map 42, Parcel 134).
 
Tom Braswell addressed the Board.
 
Motion by Commissioner James, seconded by Commissioner Miller and voted to approve SP-10-01as recommended by the Planning Commission.
 
CONSENT AGENDA:
 
Motion by Commissioner Mulkey, seconded by Commissioner Miller and voted unanimously to approve the Consent Agenda, as amended in the adoption of the Agenda.
 
  1. Board of Tax Assessors Affidavits of Correction 2009 10 and 2009 11
 
  1. Consider/Approve bid for two new heavy duty trucks for the Road Department: Nalley Motor Trucks (Moved to New Business during the adoption of the Agenda)
 
  1. Consider/Approve work authorization for professional service associated with the Relocation of Airport Road.
 
  1. Consider/Approve – work authorization for Programming and Conceptual Design Service for Airport Improvements.
 
  1. Consider/Approve adding the Habersham County Fire Station 9 Copier to the existing County Wide Copier Agreement with Duplicating Products
 
  1. Consider/Approve Agreement to Provide Probation Services to the Superior Court of Habersham County
 
  1. Consider/Approve Resolution to Create a Committee to Recommend Wording for Ordinance Regulating the Siting and Permitting of Wireless Telecommunications Towers and Facilities (Moved to New Business during the adoption of the Agenda)
 
REPORTS:  
  1. Fiscal Status Report: Jason Tinsley, Asst. Co. Manager/Finance Director 
 
  1. Economic Development Report: David Inglis
 
Mr. Inglis was not in attendance at the meeting and did not present the Economic Development Report.
 
APPOINTMENTS:
 
COMPREHENSIVE PLAN ADVISORY COMMITTEE
 
1.      Habersham County         At Large (3 year term)
2.      Habersham County         At Large (3 year term)
3.      District 1                           Commissioner James (2 year term)
4.      District 2                           Commissioner Miller (1 year term)
5.      District 3                           Commissioner Dunham (1 year term)
6.      District 4                           Commissioner Mulkey (2 year term)
7.      District 5                           Commissioner Vermilya (2 year term)
 
Motion by Commissioner Dunham, seconded by Commissioner James and voted unanimously to table these appointments until the April 19, 2010 Commission Meeting.
 
 
 
RECREATION
 
1.      Flint McCullough              Commissioner Mulkey
 
NOTE: Tabled until the 3/22/2010 Commission Meeting
 
Motion by Commissioner Mulkey, seconded by Commissioner Miller and voted unanimously to table this appointment until the April 19, 2010 Commission Meeting.
 
DEVELOPMENT AUTHORITY
 
1.      Eddie Hood                     Commissioner Dunham
 
NOTE: Tabled until the 3/22/2010 Commission Meeting
 
Motion by Commissioner Dunham, seconded by Commissioner Miller and voted unanimously to table this appointment until the April 19, 2010 Commission Meeting.
 
WATER
 
1.      John Brewer                    Commissioner James
 
NOTE: Tabled until the 3/22/2010 Commission Meeting
 
Motion by Commissioner James, seconded by Commissioner Miller and voted unanimously to table this appointment until the April 19, 2010 Commission Meeting.
 
OLD BUSINESS:
 
NEW BUSINESS:
 
  1. Consider/Approve Adoption of the FY2011-FY2015 Capital Improvement Plan
 
Motion by Commissioner Dunham, seconded by Commissioner Mulkey and voted unanimously to approve the Adoption of the FY2011-2015 Capital Improvement Plan.
 
  1. Consider/Approve Resolution to extend Moratorium on Telecommunication Tower Ordinance
 
Jim Carboy, Mike Van Winkle, and Dale Van Cantfort addressed the Board.
 
Motion by Commissioner Dunham, seconded by Commissioner Mulkey and voted to approve the Resolution to extend the Moratorium on the Telecommunication Tower Ordinance for 90 more days.
 
VOTE 4 to 1
 
Chairman Vermilya – yea
Commissioner Mulkey – yea
Commissioner Dunham – yea
Commissioner Miller – yea
Commissioner James – nay
 
MOTION PASSED.
 
  1. Consider/Approve bid for two new heavy duty trucks for the Road Department: Nalley Motor Trucks (Moved from the Consent Agenda during the adoption of the Agenda)
 
Motion by Commissioner Miller, seconded by Commissioner James and voted unanimously to approve the bid of Nalley Motor Trucks.
 
  1. Consider/Approve Resolution to Create a Committee to Recommend Wording for Ordinance Regulating the Siting and Permitting of Wireless Telecommunications Towers and Facilities (Moved from the Consent Agenda during the adoption of the Agenda)
 
Much discussion ensued.
 
Motion by Commissioner Dunham, seconded by Commissioner Mulkey and voted to approve Resolution to Create a Committee to Recommend Wording for Ordinance Regulating the Siting and Permitting of Wireless Telecommunications Towers and Facilities.
 
VOTE 4 to 1
 
Chairman Vermilya – yea
Commissioner Mulkey – yea
Commissioner Dunham – yea
Commissioner Miller – yea
Commissioner James – nay
 
MOTION PASSED.
 
PUBLIC COMMENTS:
 
  1. Habersham County Outdoor Lighting Ordinance (enforcement and reduction of light pollution in North Georgia): Jim Reaves
 
  1. Chris Thomas addressed the Board to request consideration of adding sales of Beer and Wine in Habersham County to the referendum.
 
EXECUTIVE SESSION:
 
Motion by Commissioner Miller, seconded by Commissioner Mulkey and voted unanimously to go into Closed Session to discuss personnel, litigation, and purchase of property. (8:00 p.m.)
 
Motion by Commissioner Dunham, seconded by Commissioner James, and voted unanimously, to come out of Closed Session. (8:45 p.m.)
 
Attorney Green reported that all matters discussed in Closed Session were limited to those matters allowed by the laws of the State of Georgia and asked for a motion authorizing the Chairperson to make such a representation under oath on the affidavit.
 
Motion by Commissioner Miller, seconded by Commissioner Dunham and voted unanimously to adopt the representation authorizing such affidavit as per County Attorney Green recommendation.
 
ADJOURN:   (8:46)
 
Chairman Vermilya adjourned the meeting.
 
Respectfully submitted,       
 
                                                By:       _____________________________________
                                                            Chairman, Douglas R. Vermilya
 
                                                Attest: _____________________________________
                                                            County Clerk, Lisa A. Ritchie
 
 

Posted by: Lisa Ritchie on Feb 15, 2010
Last Modified by: Lisa Ritchie on Mar 24, 2010
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