Category Archives: Law

A bill for renewal of a fee on hospitals to pay for Medicaid

The Georgia legislature showed some responsibility for public health Friday, even though it did so through a shell game.

Gretchen noted that Aaron Gould Sheinin and Misty Williams wrote for the AJC Friday, ‘Bed tax’ clears final hurdle,

The state’s ailing Medicaid program benefited from critical care Friday, when the House overwhelmingly approved a bill that will make way for renewal of a fee on hospitals.

Senate Bill 24 will transfer the power to levy the fee — seen as necessary to avoid a loss of $700 million in funding for the medical care program that serves low-income Georgians — from the Legislature to the state’s community health care agency.

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Why must the small business owner be discarded? —Deep South Sanitation

Cary Scarborough, owner of a local sanitation business, previously asked the Commission not to grant a monopoly on waste collection. He was quoted in today’s VDT article, and he has elaborated on his company’s facebook page.

To the Commission, 13 November 2012:

Don’t do this to private enterprise, to an individual. If it’s done to me, it will get easier later down the road to do it to someone else.

In the VDT:

“I have not been told by the County that what I’m doing is illegal,” Scarborough said. “But I realize they’ve drawn up an ordinance, and they’re probably going to say that it’s illegal. If they come after me, I guess they have to come after me.”

Scarborough believes that if the citizens aren’t required to contract with Advanced Disposal, they are then allowed to choose.

“If the citizens can choose, why can’t they choose me?” he said.

On Deep South Sanitation’s public facebook page:

“REGARDING THE ISSUE OF THE TRASH ORDINANCE IN LOWNDES COUNTY”

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No choice on trash —”representatives from Lowndes County”

The VDT went deep under the Lowndes County government’s anonymous cover for an interview with “representatives” who confirmed that unincorporated residents have no choice for trash collection other than the monopoly the Commission granted to a company from New York City.

Jason Schaefer wrote on the front page of the VDT today, County trash ordinance goes into effect Friday: VDT has Q&A with county leadership about new law, burning,

VDT: Lowndes County has said residents aren’t required to sign a service contract with Advanced Disposal. What other services are there in the area, and do they include Deep South Sanitation in Valdosta?

LC: “According to the solid waste ordinance, Advanced Disposal will be the only residential hauler licensed to serve unincorporated Lowndes County. There’s been some confusion about trash collection service in the city. This ordinance is just for unincorporated Lowndes County, not for any of the cities.”

Maybe these were the same “representatives” who sent an unsigned letter saying there were 5,000 residents of unincorporated parts of Lowndes County who didn’t already have curbside service, and they have one choice now: the one-and-only county-appointed purveyor of waste bins. What could possibly go wrong?

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Get a job —Lowndes County to waste site workers

Continuing to ignore its responsibilities to protect public health, safety, and well-being, the Lowndes County government proceeded with its plan to trash rural residents’ waste collection sites, and told part time workers there to get a job.

Jason Schaefer wrote for the VDT today, Trash centers dumped: Final week to make trips to county recycling centers,

The Lowndes County Board of Commissioners near the end of 2012 voted to approve a contract with Advanced Disposal to serve as the sole waste company to conduct curbside trash pick-up in unincorporated Lowndes County. Some citizens remain critical of the change in service, which will cost $12.80 per month, and many are trying to get their last loads to the collection/recycling centers before they close….

Full-time employees at the recycling stations, which are already employees of Public Works, said County Clerk Paige Dukes, will be moved to different positions within the department. Part-time employees will need to find new jobs.

Why might citizens be critical? Continue reading

I-75 as the Governor Melvin Ernest Thompson Memorial Highway?

Did you know the legislature is likely to rename much of Interstate 75 through Lowndes County in honor of a former governor, and spend $4,500 for signs to do so?

The Valdosta Daily Times, Lowndes County

NOTICE OF ROAD FACILITY DEDICATION

Notice is given that there will be introduced at the regular 2013 session of the General Assembly of Georgia a resolution sponsored by Senator Tim Golden, 121 State Capitol, Atlanta, Georgia 30334, (404) 656-7580, to dedicate the portion of Interstate 75 in Lowndes County from the West Hill Avenue exit to the North Valdosta Road exit as the Governor Melvin Ernest Thompson Memorial Highway in honor of his achievements, accomplishments, and contributions to Lowndes County and to the State of Georgia; and for other purposes. The estimated cost of such dedication is $4,500.00.

00046038

1/19/13

And such a bill has been introduced in the Georgia House (not the Senate) as HR 47, Governor Melvin Ernest Thompson Memorial Highway; Lowndes County; dedicate, sponsored by (1) Shaw, Jason 176th, (2) Carter, Amy 175th, (3) Black, Ellis 174th, (4) Sharper, Dexter 177th, (5) Houston, Penny 170th.

Here's the part that ties Gov. Thompson to here:

WHEREAS, Governor Thompson was instrumental in the success of the City of Valdosta and Lowndes County, where his leadership as a founding member of the Valdosta-Lowndes County Industrial Authority spearheaded much of the urban development and planning for Valdosta and the surrounding areas, including the Azalea City Industrial Park; and

And establishing Industrial Parks was a cutting-edge idea: in the 1950s.

The bill adds:

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GA SB 51, The Georgia Cogeneration and Distributed Generation Act

Georgia Senator Buddy Carter has introduced a Senate bill for the current session of the legislature, SB 51, “The Georgia Cogeneration and Distributed Generation Act of 2001”. It attempts to fix Georgia’s special solar financing problem, the antique 1973 Territorial Electric Service Act.

Why 2001? Apparently Buddy Carter has been introducing it every year since then. Last year Georgia Power’s disinformation campaign nuked it when it was SB 401. Has the legislature gotten tired of Georgia Power and its parent the Southern Company being way late and overbudget on those new nukes? Does the legislature want Georgia citizens to get the savings and job benefits of the fastest growing energy source in the country? Will GaSU help with SB 51, or only with GaSU’s attempt to become a solar monopoly utility? You can contact your legislators and tell them what you think. Every one of them who voted for Georgia Power’s stealth-tax rate hike for that nuke boondoggle should vote for SB 51 to start getting Georgia on a clean path to jobs and energy independence.

This bill is not perfect: it counts “generator fueled by biomass” as Continue reading

Where is the speed zone ordinance? @ LCC 2011-01-10

Lowndes County won’t install speed control devices: policy or ordinance or “decision”, by whom and when? And where is the speed zone ordinance they passed in January 2011, according to the Work Session Minutes of 10 January 2011:

Adoption of the Revised Speed Zone Ordinance,

County Engineer, Mike Fletcher, presented the Commission with a revised speed zone ordinance in accordance with Georgia Department of Transportation (GDOT) requirements. Mr. Fletcher added that 2 once approved, staff would send the document back to GDOT for execution. Commissioner Evans questioned the speed limit on Boring Pond Road. Mr. Fletcher explained that since the road has been paved, the new ordinance will allow for the new speed to be posted at 45 mph and 55 mph. Mr. Fletcher added that prior to the road being paved, the speed limit was 35 mph. Commissioner Raines asked if the document was a county ordinance. Mr. Fletcher replied yes, adding while the county can make certain recommendations, GDOT prepares the draft in accordance with their regulations.

Chairman Paulk asked Mr. Fletcher to provide those in attendance with a short explanation of speed control devices. Mr. Fletcher explained that in the 1990’s a previous Commission made the decision that speed control devices would not be allowed on county roads due to maintenance and safety issues. Mr. Fletcher added that over time that decision has become policy.

Commissioner Powell stated he had received a request from citizens to increase the speed limit on portions of Old Clyattville Road to 55 mph. Mr. Fletcher replied that due to the curb and gutter installed on the road, he would not recommend it. Mr. Fletcher added he would be glad to check with GDOT to see what the state’s recommendation might be. Commissioner Powell asked Mr. Fletcher to move forward with contacting GDOT.

When “in the 1990’s” was this Commission decision made? In which minutes can we see the vote and the text of this decision?

And how is policy made? By the Commission in an open meeting, or by the staff at some unspecified “over time”?

Plus, where is this speed zone ordinance?

-jsq

Special assessment: ordinance or policy? @ LCC 2011-01-10

Ordinance or policy? In the Work Session Minutes of 10 January 2011 the special assessment rate is set “in accordance with Lowndes County’s financial policies”:

Special Assessment Rate for 2011,

Finance Director, Stephanie Black, presented the proposed special assessment rate at 5.25% (two percent above prime), in accordance with Lowndes County’s financial policies. Commissioner Raines asked if the rate would fluctuate through the year in the event the prime rate adjusted. Ms. Black answered that the county is required to set the rate annually so the actual prime rate would not be considered again until the beginning of next year.

Yet yesterday she said:

“It’s just always been set at 2% above prime. I believe it’s in your ordinance.”

Which is it, a policy or an ordinance? Maybe it’s a policy set in an ordinance. If so, which ordinance? Is it one of the dozen on the county’s website or is it one of the many more that are not?

-jsq

PS: Owed to Jane Osborn.

Work Session Minutes @ LCC 2011-01-10

Ordinance or policy? That question comes up for at least two items, Special assessment and Speed control devices, in the minutes of the 10 January 2011 Work Session of the Lowndes County Commission. -jsq

LOWNDES COUNTY BOARD OF COMMISSIONERS
MINUTES
WORK SESSION
Monday, January 10, 2011
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Rural AIDS: poverty the cause, solar power part of the solution

Director Lisa Biagiotti spent two years travelling around the South interviewing people about AIDS to make a film, deepsouth. She found rural AIDS is a bigger and faster-growing problem than AIDS in center cities, yet most health and prevention funding goes to urban areas. The root cause seemed clear to her: poverty. Here’s some deeper dirt (literally) on rural poverty in the U.S., and one thing we know can help with that: distributed solar power, for jobs, for reduced electrical bills, and for energy independence. What politician wouldn’t want jobs for their constituents?

The director said the screening at VSU at the end of November drew more people than the day before in Little Rock. There were clearly more than 150 in the audience in Valdosta. It’s a topic very relevant to here, as Dean Poling wrote in the VDT 26 November 2012,

Organizers note that Georgia is ranked sixth highest nationally for its cumulative number of AIDS cases reported through December 2009. More than 40,000 known HIV/AIDS cases were reported in Georgia as of 2010.

The South Health District’s 10 counties, which include Lowndes and surrounding counties, report 950 confirmed cases of HIV/AIDS, while many more are likely infected and risk becoming sick because they are not being treated. More specifically, there are about 460 reported cases in Lowndes County.

In reporting these numbers, HIV is the virus (HIV disease) and AIDS is the medical diagnosis made by a doctor of the symptoms, according to South Health District.

It’s a great movie and I highly recommend it. Director Biagiotti spent a substantial amount of her own money and two years to make this film, yet there are aspects she could only note in passing, such as incarceration. She can’t be expected to have researched every aspect; maybe somebody else can step up and help follow more threads.

The movie starts with some maps about poverty and AIDS in the South. It did not, however, look outside the South for poverty. Here are better poverty maps, from the CDC:

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