Tag Archives: Law

Changes to the alcohol ordinance @ LCC 2012-12-10

Being curious about the changes to the alcohol ordinance, I had the opportunity to talk with a county staff member who said that the changes were to incorporate recent amendments regarding brown bagging, social hosts (serving alcohol at private events to underage drinkers), and the Sunday package sales into the body of the ordinance, rather than having those items as amendments to the document. Also, the setting of the license fees for Sunday sales will be established (from the referendum that passed 59.80% to 40.20%).

-gretchen

Veolia bought by Advanced Disposal Services of Alabama, owned by Highstar Capital of New York City @ LCC 2012-12-10

Received today on Solid Waste, Developer Favors, Dollar General, Library, and Alcohol: Agenda @ LCC 2012-12-10:

Veolia was acquired by Advanced Disposal, there is no conspiracy theory here or a change of vendor than was previously voted for. http://www.wasterecyclingnews.com/article/20121120/NEWS01/121129990/advanced-disposal-closes-veolia-deal, Continue reading →

Houston County and Georgia buying houses in Warner Robins AFB encroachment zone

Update 8 December 2012: Actually, Houston County does have enforceable encroachment zones around RAFB.

Houston County hasn’t had a enforceable encroachment zone around Warner Robins Air Force Base (RAFB) and is now fixing the problem after the fact by using state money to buy up houses near the base. Tommy Stalnaker Houston County Commission Chairman Tommy Stalnaker labelled encroachment his number one priority, in stark contrast to Lowndes County Commission Chairman Ashley Paulk, who has put two items on the agenda for Monday and Tuesday related to a proposed rezoning next to Moody Air Force Base, and already at a previous Work Session invited the developer to speak without letting anyone else speak.

Gene Rector wrote for WRWR “10 months ago”, Stalnaker ‘ecstatic’ over state action on Robins encroachment issue,

In a word, Houston County Commission Chairman Tommy Stalnaker was “ecstatic” last week when he learned state officials Warner Robins Air Force Base encroachment buy-back map will allocate $7.5 million to help resolve the encroachment issue affecting Robins Air Force Base.

State Rep. Larry O’Neal called and gave him a heads-up before Gov. Nathan Deal made the announcement on Friday.

“I felt like jumping up and down and screaming and hollering,” Stalnaker admitted. “But then I remembered we hadn’t done our part yet.”

Encroachment has dogged Robins for a number of years. Some 250 parcels — mostly private residences — spread over 1,600 acres in south Bibb and north Houston counties fall within the base’s noise or potential mishap zone.

That risk to homes in the designated region could restrict or limit current operations or force the Air Force to look elsewhere for future workload and mission growth.

Stalnaker has labeled resolving encroachment his number one priority.

Mike Stucka wrote for the Telegraph 31 May 2012, Interactive map: Robins AFB encroachment and property purchases,

Continue reading →

Text Amendment —Richard Raines

Received yesterday, referring to TXT-2012-02, which is on the agenda for Monday morning’s Work Session and Tuesday evening’s Regular Session of the Lowndes County Commission. -jsq

From: Richard Raines
To: Gretchen Quarterman
Subject: RE: Text Amendment

Gretchen,

Based on a conversation with the Chairman yesterday, it is my understanding that this issue will be tabled until sometime next year (Chairman-elect Slaughter will decide when to put it back on the agenda) because we are working with MAFB on a compromise as they are well aware of our mandate to balance property rights with protecting against base encroachment.

Since I’ve been on the County Commission we have made it a priority to constantly evaluate the ULDC and all zoning districts. MAZ 1-3 is no exception and must be evaluated to make sure that it is balanced and consistent.

We have discovered

Continue reading →

Solid Waste, Developer Favors, Dollar General, Library, and Alcohol: Agenda @ LCC 2012-12-10

Updates 9 Dec 2012: Marked with *.

Will the Lowndes County Commission Tuesday evening finish railroading through their non-solution to solid waste disposal, without shouldering its legal responsibility to protect the environment and the public health, safety, and well-being from solid waste, and what’s this about a vendor change? Will the Chairman once again invite a developer to speak in Monday morning’s Work Session without letting anyone else speak? Will the Commission change the zoning code and rezone inside and against the Moody Exclusion Zone for that same developer they already provided $130,000 in road construction labor to back in 2007? Does Naylor need the area’s nineteenth Dollar General, and who’s behind it, anyway? How come the Five Points library is still on the agenda even though SPLOST VII failed? And what are they doing to the Alcoholic Beverage Ordinance this time? Come Monday morning at 8:30 AM and Tuesday evening at 5:30 PM and see! Better yet, also call or write your Commissioner before then.

Trash

6.b. Solid Waste Ordinance

Will the Commissioners finish railroading through their already-failing non-solution to solid waste disposal in the last session of this Chairman? The plan for which they held zero public hearings while any of the Commissioners who voted on it this October were on the Commission, yet someone down there feels free to anonymously ridicule concerns about that plan failing? Two citizens spoke up anyway, even though Citizens Wishing to Be Heard was after the scheduled vote last time, and another on this blog, all willing to state their names, unlike the anonymous pro-trash-railroad ridiculer. What was that unspecified new information that caused them to table it last time, anyway?

8.b. Exclusive Franchise Agreement for Residential Solid Waste Collection Services with Advanced Disposal Services of Central Alabama, Inc.

What happened to Veolia; Continue reading →

Financing solar energy: Georgia’s special problem

In most states, financing solar energy is largely a matter of learning all the local ropes. In Georgia, there’s a bigger problem.

Michael Mendelsohn wrote for RMI 5 December 2012, How Do We Lower Solar Installation Costs and Open the Market to Securitized Portfolios: Standardize and Harmonize,

Soft costs can be pretty tough. The cost of solar installations can be generally separated into “hard” costs — representing primary components such as modules, racking, inverters — and soft costs including legal, permitting, and financing. While the former group — particularly modules — have dropped dramatically over the last several years, the latter have not. According to a recent NREL analysis, these costs represent roughly 30% of both residential and utility installations (slightly less for commercial-host systems). See Figure 1.

In fact, soft costs are so critical to the overall success of solar adoption, their reduction is a primary focus of the Department of Energy’s SunShot Initiative to make solar energy cost-competitive. In order to reduce the cost of financing, NREL recently completed and continues to work on various efforts to tap public capital markets and enable other vehicles that securitize project portfolios.

We’ll come back to tapping public capital markets and the like, because that’s the key to what Georgia Solar Utilities (GaSU) is trying to do. But there’s a special problem in Georgia, buried in the next paragraph:

Continue reading →

Videos, Solar Energy Forum @ CSC 2012-12-01

Solar Energy Forum at Center for a Sustainable Coast, Savannah, Chatham County, Georgia, 1 December 2012 Here are videos of Saturday’s Solar Energy Forum at the Center for a Sustainable Coast (CSC) in Savannah, with

We will probably post more later on the presentations by Paul Wolff and Robert Green, and the ensuing questions and answers. Meanwhile, here’s a video playlist of the entire event:

Videos, Solar Energy Forum
Solar Energy Forum, Center for a Sustainable Coast (CSC),
Videos by Gretchen Quarterman for Lowndes Area Knowledge Exchange (LAKE),
Savannah, Chatham County, Georgia, 1 December 2012.

-jsq

Citizens can video on duty police —Supreme Court

The Supreme Court has declined to review a Seventh Circuit Court of Appeals decision that struck down an Illinois law prohibiting audio recordings without permission, echoing last year’s First Court decision that you can record police on the job. Let’s remember it’s not just police:

“Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting

‘the free discussion of governmental affairs.’
”

That means all elected or appointed or employed government officials, from County Commissioners and City Councils down through sheriff and police departments to the Animal Shelter. Police are employees, not elected or appointed, so these rulings would appear to apply to other governmental employees.

Radley Balko wrote for Huffpo 27 November 2012, Supreme Court Inaction Boosts Right To Record Police Officers,

The Illinois and Massachusetts laws have been used to arrest people who attempt to record on-duty police officers and other public officials. In one of the more notorious cases, Chicago resident Tiawanda Moore was arrested in 2010 when she attempted to use her cell phone to record officers in a Chicago police station.

Continue reading →

How to implement trash, health, and safety?

Disposal of solid waste (trash/garbage) is a matter of community public health and safety and providing such service is the responsibilty of the local governing bodies. How should trash health and safety responsibly be implemented?

We cannot be left in a situation where residents are either “forced to buy” service from a provider, or have no option but to burn their trash. The government can levy a tax, but they cannot say that residents are forbidden to buy a service from an independent provider.

Such a ruling is

  • unfriendly to those who currently own, or want to start a waste collection business in our county,
  • unfriendly to the residents who are counting on the government to follow the state-legislated goals to
    “protect the health safety, and well-being of its citizens and to protect and enhance the quality of its environment” ,
  • unfriendly to the environment as trash ends up on the side of the road or polluting the air by being burned and leaves us to face a new problem on a different day.

Residents in the unincorporated areas of the county who want curb side collection, for the most part, already purchase it. Those of us using the collection centers do so because it is our preference.

The county should (in my opinion) create a special tax district for waste disposal (it already makes special lighting districts) and tax the residents for the maintenance of the collection centers.

-gretchen

Who implements trash, health, and safety?

As we’ve seen, solid waste is a matter of public health, safety, well-being, and the environment, according to Georgia state law. Whose responsibility is it to protect the environment and the public health, safety, and well-being from solid waste?

Many health and safety issues are handled through the health department, Diagram of the waste hierarchy including the Georgia Department of Public Health, and the South Health District (Ben Hill, Berrien, Brooks, Cook, Echols, Irwin, Lanier, Lowndes, Tift and Turner Counties). Particularly, water quality (septic tanks, well water), food safety, cleanliness of hotels, motels, restaurants, swimming pools and so on are the responsibility of the local health department, such as the Lowndes County Health Department.

However, disposal of solid waste (trash/garbage) is handled by the local municipality or governmental body (county).

The EPA has a variety of documents available about solid waste.

So does the state EPD, as enabled through Georgia Legislation: Existing Rules and Corresponding Laws.

So, where does this leave us? See next post.

-gretchen