Document Dawsoncountyga_doc_caa30fc2ff

Called Meeting and Work Session Minutes- January 14, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS CALLED MEETING MINUTES – JANUARY 14, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 4:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. ANNOUNCEMENTS: Chairman Berg explained due to the inclement weather last week this meeting will consist of a Called Meeting followed by the scheduled Work Session. NEW BUSINESS FROM THE THURSDAY, JANUARY 7, 2010 AGENDA: Board Appointments: Library Board Motion passed unanimously to appoint Mrs. Eydie Stegall to the Library Board. Nix/Swafford Planning Commission – Districts 2, 4 and Chairman Motion passed unanimously to appoint Mr. Jeff Looper as the District 2 Planning Commission Prime. Swafford/Pichon Motion passed unanimously to appoint Mr. Peter Hill as the District 2 Planning Commission Alternate. Swafford/Nix Motion passed unanimously to appoint Mr. Russell Burchard as the District 4 Planning Commission Prime. Nix/Pichon Motion passed unanimously to appoint Mr. Neil Hornsey as the District 4 Planning Commission Alternate. Nix/Pichon ---PAGE BREAK--- Motion passed by majority to reappoint Mr. Dick Bergen as the Chairman’s Planning Commission Prime. Nix/Swafford Commissioner Connor opposed. Motion passed unanimously to reappoint Mr. Mike Wenson as the District Chairman’s Planning Commission Alternate. Nix/Swafford District 1 Commissioner Pichon noted for the record that Mr. Jason Hamby (Prime) and Mr. Craig Price (Alternate) will continue to serve on the Planning Commission for one additional year with their terms expiring in December 2010. Reappointments of County Attorney, County Clerk, County Manager and Vice Chairman Motion passed unanimously to reappoint Mr. Joey Homans as the County Attorney. Swafford/Pichon Motion passed unanimously to reappoint Mrs. Davida Simpson as the County Clerk. Pichon/Nix Motion passed unanimously to reappoint Mr. Kevin Tanner as the County Manager. Nix/Pichon Motion passed unanimously to reappoint District 1 Commissioner Gary Pichon as the Vice Chairman. Nix/Swafford Approval of the Courthouse Construction contract Motion passed by majority to approve the Courthouse Construction contract as submitted. Pichon/Swafford Commissioner Connor opposed the motion. Ratification of Release and Resignation Agreement Motion passed unanimously to approve and ratify the Release and Resignation Agreement submitted by the County Attorney. Swafford/Pichon Chairman Berg announced with the approval of the Courthouse Construction contract, there will be a groundbreaking ceremony for the Dawson County Government Center on Thursday, January 21, 2010 at 3pm located at 25 Justice Way, Dawsonville, Georgia. ---PAGE BREAK--- ADJOURNMENT OF CALLED MEETING NEW BUSINESS FROM THE THURSDAY, JANUARY 14, 2010 WORK SESSION AGENDA: Approval of 2010 Mentoring Fiscal Agent Contract – Ms. Bindy Auvermann This item will be placed on the 01/21/2010 Regular Meeting Agenda. Discussion of HVAC Bids – Public Works Director David Headley This item will be placed on the 01/21/2010 Regular Meeting Agenda. Approval of 2010 Mileage Reimbursement Rate – County Manager Tanner This item will be placed on the 01/21/2010 Regular Meeting Agenda. Howard Avenue Lease Agreement - County Manager Tanner This item will be placed on the 01/21/2010 Regular Meeting Agenda. Discussion of Jail and Parking Lot Debt - County Manager Tanner This item will be placed on the 01/21/2010 Regular Meeting Agenda. Approval of Special Inspections Contract for Courthouse This item will be placed on the 01/21/2010 Regular Meeting Agenda. County Manager Report This item was for information only. County Attorney Report ---PAGE BREAK--- This item was for information only. Qualification Fees This item will be placed on the 01/21/2010 Regular Meeting Agenda. APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Regular Meeting MInutes- January 21, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – JANUARY 21, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. OPENING PRESENATION: Kiwanis Club Update – Mrs. Becky Holbrook INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: Chairman Berg reported the Work Session scheduled for Thursday, January 28, 2010 has been cancelled due to the lack of new business items on the agenda. Commissioner Connor thanked Mr. Rory Puckett for his service as the District 2 Planning Commissioner for 2009. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on November 19, 2009. Pichon/Swafford Motion passed unanimously to approve the minutes of Regular Commission Meeting held on December 3, 2009. Swafford/Nix ---PAGE BREAK--- Motion passed unanimously to approve the minutes of Regular Commission Meeting held on December 17, 2009. Nix/Swafford APPROVAL OF THE AGENDA: Motion passed unanimously to approve the agenda as proffered. Pichon/Nix PUBLIC COMMENT: None ALCOHOL LICENSE HEARINGS: None ZONINGS: None PUBLIC HEARINGS: Proposed changes to the Dawson County Land Use Resolution sections Residential Districts, Short Term Rentals, Home Occupation, Site Plan and Accessory Uses (1st of 2 hearings) Chairman Berg announced the next hearing will be on February 4, 2010. The hearings will be done separately to allow for clarification. Home Occupation Planning Director David McKee reported the Citizens Adjunct Planning Committee (CPAC) is made up of Planning Commissioners and their Alternates. He reported one item was omitted in the final document. The following will be added to the proposed changes: size limitations of 1,000sqft maximum for a home based business within a residential structure and storage that may accompany the home based business. Planning Director McKee added 55% of business license holders are small/home base businesses. Commission Connor stated if a home occupation business was being running correctly, the neighbors would not be aware of the situation therefore eliminating the need for this section of the Land Use ---PAGE BREAK--- Resolution. He questioned the motivations behind this legislation and asked if the County was looking to raise revenues. Mrs. Arlene McClure, 772 Stowers Road West, Dawsonville, asked for more restrictions to ensure Dawson County stays the peaceful environment that we want, not another metro-style city. Mrs. Linda Williams, President of the Chamber of Commerce, P O Box 229, Dawsonville, thanked the Board for being more proactive in broadening the local economy. She reported that with the turn in economy people are choosing to start over with entrepreneurialship in home based businesses. She also asked for clarification on Section 511(A) The application for and approval of a business license for a home office or home occupation shall permit and inspection of the premises. Mr. Dick Bergen, Chairman of the Planning Commission & CPAC, 158 River Overlook Road, Dawsonville, gave a brief history and objectives of the proposed changes to the Home Based Business section. He reported these changes were prompted by an increase in variance requests from small business owners. All changes were made with the supervision and knowledge of the County Manager and County Attorney. In addition, historically most of this work was completed by consultants so by the CPAC doing the groundwork, it is saving the County a lot of money. Carl Dean, 10476 Big Canoe, Big Canoe, asked the Board to consider protecting the feel and flavor of the surrounding neighborhood to allow for consistency, protect against public nuisances and traffic. He requested warehousing of any kind not be allowed. He thanked the Board for bringing these regulations forth. Bob Eichenberry, 594 Caron Road, Dawsonville, is a small business owner in Dawson County. He reports starting several businesses in other communities that are now thriving. He feels the best way to test the waters of a new business is starting a home business rather than investing a lot of money into something that won’t work. Mrs. Kay Mango, 337 River Sound Lane, Dawsonville, asked for clarification on Section 311 RPCD’s “upon review”. Planning Director McKee reported this is a County review not a Board review. She gave an example of what could happen in RPCD in Dawson County under these new regulations. Mrs. Mango asked the Board to have stricter guidelines than covenants. Mr. Leo Sheppard, 15 North Chestatee Pointe, Dawsonville, asked the Board to prohibit warehousing as a whole in the area and set limitations lower of storage facilities which are being currently allowed. He asked that none of these allowances be permitted in the lakefront housing section. ---PAGE BREAK--- Mr. Pepper Pettit, 81 Holly Hill Road, Dawsonville, reported the new ordinance would set no limitations for accessory building sizes on lots which are three acres or more. He reported the area in which he lives has no restrictive covenants therefore not providing any protection. Mr. Pettit feels these changes will force people to other counties which will offer protection from the undesirables moving in next door. Mr. Morris Mayo, 2492 War Hill Park Road, Dawsonville, is a small business owner and would like to see the proposed changes be approved. He wants the County to approve his 2,000sqft home based business with an accessory structure matching the house. Currently, Mr. Mayo is paying building rent to a company in Cumming, GA. Mrs. Jane Graves, President of the Dawson County Home Owners Association, 224 Park Cove Road, Dawsonville, gave a brief presentation to the Board with handouts. Mrs. Graves cited the following concerns she has with the proposed changes to the Home Occupation ordinance: • Home Occupations falling outside those listed grants/denied by County Manager (without Variance request); • Larger business square footage permitted in the home; • Larger accessory buildings permitted on smaller lots; • Accessory buildings can be used as warehouses; • Home offices subject to business license a county inspections fees (non-compliance may result $1,000 fine or 60 days in jail); • Home businesses shall not be visible, audible, or smellable in a residential district. She suggested alternate options for the Home Occupation ordinance: • Retail the 25% of one floor size limit for home businesses; • Limit accessory building size in proportion to lot, not house size, in all residential zones identified on the FLUP; • No storage of business materials in accessory buildings (no warehouses); • Retail residential variance application procedure for home occupation not matching categories listed; • Exempt home office activities from building license taxes and county inspection of home; • and be exempt from the penalties of $1,000.00 fine or 60 days in jail; ---PAGE BREAK--- Mrs. Terri Tragesser, 44 Gold Bullion Drive, Dawsonville, reports being a proponent for home businesses but asked the Board to consider the possible side effects of accessory buildings in a residential area including noise and other enforceable issues. Short Term Rentals Planning Director McKee reported the current Land Use Resolution does not address short term rentals in any district therefore not regulating any use or violation of such use. This is an attempt to regulate those uses which include parking, permitting, proof of ownership of structure, and inspections. If there are numerous violations of any ordinance, including the Noise Control Ordinance, the permit may be revoked. Mrs. Pam Gross, 58 Toto Creek Drive West, Dawsonville, read a letter stating issues she has endured with her neighbor’s short term rental (see file). This letter cited many noise, bad language, trash, nuisance, and other violations over the last three years. Mrs. Gross reported her main concerns are the safety and security of their family, home and property with the amount of transient people living next door. She stated the owner of the property has never been available to answer for any violation once a complaint has been filed with their home owners association. Mrs. Gross stated in the past three years she has not enjoyed living in Dawson County due to these problems and strongly asked the Board to help her with this problem. Mrs. Linda Williams, President of the Chamber of Commerce, P O Box 229, Dawsonville, stated the County needed regulate all the current short term rentals within the county. She stated none of these businesses are not remitting whole sale and hotel/motel tax or paying licensing fees like everyone else in the County. With that said, she stressed the need to respect the adjacent property owners and follow all regulations so that situations like the one Mrs. Gross is living through ceases to be a problem. Carl Dean, 10476 Big Canoe, Big Canoe, asked the Board to consider the enforcement and security issues many other communities have. Since Big Canoe has its own security, these are not generally a concern for their area. Mr. Jeffery Lewis, 693 Chestatee Pointe, Dawsonville, is a short term rental owner asked for more documentation on the proposed changes to the short term rentals. He plans to speak at the next hearing. Mrs. Terri Tragesser, 44 Gold Bullion Drive, Dawsonville, wants to promote tourism and short term rental alternatives but sees bringing rental housing into single family neighborhoods raises serious concerns. Short term rental has not been clearly defined in the documentation provided. She states the ---PAGE BREAK--- transient nature of short term housing opens the flood gates for several issues including parking, security, etc in single family areas adding on to the growing demand on the Sheriff’s Department and other enforcement. She feels the County needs to look at the FLUP, cite the appropriate limited areas for short term housing such as Big Canoe and [possibly] lake areas, etc. Mrs. Jane Graves, President of the Dawson County Home Owners Association, 224 Park Cove Road, Dawsonville, stated her concerns regarding short term rentals (defined as less than 30 days): • New rules encourage the growth of short term rental business in all residential neighborhoods; • Safety, security and nuisance issues; • Traffic issues and parking concerns; • Negative impact on surrounding property values with hotels next door; • Escalating police, emergency services costs; • Inadequate septic systems and other pollution hazards. Mrs. Graves offered alternative options: • Permit only in Residential Planning Communities (RPC) that have covenants sufficient to control these operations; • In residential districts outside RPC’s link permits for short term rentals to larger lots sizes with adequate water and sewer service inspected by County; • Set license fees sufficient to cover increased police, fire, EMS services and Health Department inspections plus administration; • Collect hotel/motel taxes. Mrs. Arlene McClure, 772 Stowers Road West, Dawsonville, asked the Board to consider on alternative of short term rentals by encouraging more Bed & Breakfast locations. These facilities would be known to county staff and regulated. Also, Bed & Breakfast traditionally has the owner or responsible party on site. She suggested was having a minimum stay requirement thereby eliminating parties on the weekend. Ms. Pat Wyrembelski, 315 Meadows Court, Dawsonville, expressed concerns over some side effects these changes may have on her neighborhood, The Meadows. She reported the homes being approximately 10 years old and many of them have had to replace the septic systems. The Meadows subdivision is zoned VCR but covenants prohibit short term rentals. If a home owners association wants to stop a resident from operating a short term rental, they must take legal action. ---PAGE BREAK--- Ms. Susan Ragin, 109 Holly Hill Road, Dawsonville, encouraged the Board to consider a compromise on lot size, restrictions on the numbers of cars, and possibly the length of a short term rental to protect surrounding property owners. She reported she rented a short term rental for a couple of summers in Dawson County which led her to buy a permanent home in this community. Where there are a lot of problems created there are a lot of benefits of having the short term rentals in community as long as it is done reasonably and correctly. Ms. Susan Poynter, 156 Poplar Trail, Dawsonville asked for an explanation on who was going to monitor these homes to ensure no criminals or predators would move into an area with children and who would pay for this additional costs. She asked who would monitor the license holders of the short term rentals. Ms. Jan DeSalvo, 25 River Sound Circle, Dawsonville reported she was a short term rental user prior to buying a home in Dawson County. Ms. DeSalvo also reports being a neighbor of Mrs. Gross and had to deal with the issues stated previously. She asked the Board to ensure the property be available and held accountable for any infraction made by the renters. Mr. Bill Bates, Public Safety Director of Big Canoe, 841 Yellow Creek Road, Big Canoe, reports Dawson nor Pickens County have any regulations or restrictions concerns vacation rentals. He reminded the public that a short term rental may be used at any time without prior knowledge of the County staff or Sheriff’s Department. He added this is an early attempt at regulating this problem. He predicts the County having to draft a full blown ordinance strictly for short term rentals. In short, he believes this is a good start to addressing many of the concerns stated. Site Plan/Concept Plan Planning Director McKee reported this section is intended for site plans/conceptual plans for zoning not development companies and land disturbance permits. Most procedures for amending site/conceptual plans are being carried out by the Planning Department at this time but have never been adopted formally. The backup documentation shall be treated as internal policy only. Mr. Dick Bergen, Chairman of the Planning Commission & CPAC, 158 River Overlook Road, Dawsonville, gave a history and objectives of drafting this ordinance. The Planning Commission and Board of Commissioners were facing a number of rezonings in which the site plan was vague. When the staff requested more information it was discovered that the request was speculative zoning in nature. The question raised was when was it appropriate for the County staff to review and approve any changes on ---PAGE BREAK--- the site plan or would those changes need to be approved by the Board of Commissioners on a site specific zoning. Also covered in the documentation was the idea of site plans versus concept plans. Mrs. Terri Tragesser, 44 Gold Bullion Drive, Dawsonville, reminded the Board they have little say in any project after the zoning process. She asked the Board to be very stringent in making site plans be specific in nature. Mr. Bill Goode, Homes Builders Association President, 700 Lula Garrett Road, Dawsonville, stated when it comes to bringing in development, the history shows bigger corporations expect to come into a “pad ready” development. He feels if the County does not allow for this type of project the County will force developers to look elsewhere. Mr. Goode suggested if the Board approves a speculative property the Board gets another chance to review and approve the plans. He is in no way supporting clear cutting or destruction of the land. Accessory Uses Planning Director McKee reported the changes proposed include a limitation on accessory structures to one half the gross square footage of the structure or the footprint of the primary structure, whichever is greater. One exception being properties three acres in size or greater the accessory structure would need to be built within the setbacks. Currently there are no restrictions on accessory structures in our Land Use Resolution. Mr. Lionel Graves, District 3 Planning Commissioner & CPAC, 224 Park Cove Road, Dawsonville, reported currently the Land Use Resolution allows a property owner to subdivide their property. If an accessory structure is located on a property three acres or greater and then that property is subdivided, he asked what happens to the structure. Is it grandfathered or will it have to be removed? He asked that the only zoning district allowing such a structure would be RA. Mrs. Jane Graves, President of the Dawson County Home Owners Association, 224 Park Cove Road, Dawsonville, fears oversized accessory buildings will be built to potentially smaller homes allowing for the McShed, Dawson’s variety of the Dunwood McMansion. Chairman Berg reminded the public the next hearing will be on Thursday, February 4, 2010 @ 6pm. OLD BUSINESS: ---PAGE BREAK--- None NEW BUSINESS: Approval of 2010 Mentoring Fiscal Agent Contract Motion passed unanimously to approve the 2010 Mentoring Fiscal Agent contract with the addition of Attachment A7. Nix/Swafford Discussion of HVAC Bids Motion passed unanimously to approve Scroggins Mechanical as the approved HVAC vender for 2010 taking into consideration the full totality of circumstances of the bid and not solely price; and to authorize staff to enter into negotiations with Scroggins and to bring the contract back to the Board for further approval. Nix/Pichon Approval of 2010 Mileage Reimbursement Rate Motion passed unanimously to approve the 2010 Mileage Reimbursement Rate of $0.50/mile in accordance with IRS guidelines. Pichon/Swafford Howard Avenue Lease Agreement Motion passed unanimously to approve the 2010 Howard Avenue Lease Agreement with the change in Section 31 as submitted. Swafford/Nix Discussion of Jail and Parking Lot Debt Motion passed unanimously to approve the Resolution authorizing payments from the 2007 Bond Proceeds. Pichon/Swafford Approval of Special Inspections Contract for Courthouse Motion passed unanimously to approve the Special Inspections Contract for the Courthouse. Pichon/Nix Approval of 2010 Qualifying Fees Motion passed unanimously advertise the 2010 Qualifying Fees. Pichon/Swafford ---PAGE BREAK--- ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Regular Meeting Minutes- February 4, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – FEBRUARY 4, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. OPENING PRESENATION: Keep Dawson County Beautiful – Cathy Brooks, Executive Director Presentation of the Youth Ambassador’s Award to Autumn Callahan INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: County Attorney Homans introduced Mr. Ted Cassert, Esq. Mr. Cassert will be working on County projects alongside Mr. Homans. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on January 21, 2010. Nix/Swafford APPROVAL OF THE AGENDA: Motion passed unanimously to approve the agenda as proffered. Pichon/Swafford ---PAGE BREAK--- PUBLIC COMMENT: None ALCOHOL LICENSE HEARINGS: None ZONINGS: None PUBLIC HEARINGS: Proposed changes to the Residential Land Use Districts of the Dawson County Land Use Resolution (2nd hearing of 2) Chairman Berg announced this is the second of two hearings. He suggested with all the significant changes made to the original documentation presented the Board hold another public hearing on February 18, 2010 which has already been duly advertised in the legal organ. Chairman Berg explained the procedure for public hearings and with that asked for public comment. Home Occupation Mr. Herb Glassman, 191 Pathway Road, Dawsonville, GA asked the Board to consider making changes to only those items necessary for the majority and not the ‘new and few’ of Dawson County. He reported being a 40 year resident and feels that some that spoke at the last hearing were only considering their personal needs and not those of the County has a whole. Mr. Charlie Tarver, 115 River Overlook Road, Dawsonville, GA reported when a home business starts up in Dawson County there is not a process of notification of adjacent property owners or homeowners associations. He asked the Board to consider adding some verbiage to the license application to include A) Do you live in a subdivision? If so, have you checked the convents to ensure your business is allowed? Mr. Tarver understands that the County cannot enforce private covenants but by making the applicant aware of such might prevent any future problems. ---PAGE BREAK--- Mrs. Carolyn Cantrell, 146 Cantrell Road, Dawsonville, GA reported she is a small business owner in Dawson County. She feels there is too much government in a citizen’s life enforcing more mandates. Mr. Pepper Pettit, 81 Holly Hill Road, Dawsonville, GA expressed concerns over protecting the “character and flavor” of Dawson County, property values and the unintended consequences of an ordinance as the one suggested. He cites allowing accessory buildings in all residential areas will make those areas into commercial districts. In short, he asked the Board to consider keeping the residential, commercial and mix use districts separate. Mr. Dick Bergen, Chairman of Planning Commission and Citizen Planning Adjunct Committee (CPAC), 158 River Overlook Road, Dawsonville, GA reported the CPAC tried to align many existing ordinances by proposing changes to this specific ordinance. He reported two major areas of concern: The first items are business licensing fees, inspections and violations. Under the current Business License Ordinance fees are assigned to all business types. Some of those fees include inspections by the Health Department. All violations resulting in $1,000.00 fine and or 60 days in jail is standard language in the existing ordinance. This document does not create additional fees. The CPAC did not believe that once a license was issued all home occupation operators would construct accessory buildings just for the business. The theory behind this change was to limit said buildings. Mrs. Jane Graves, President of Dawson County Homeowners Association, 224 Park Cove Road, Dawsonville, GA asked the Board to consider agents of a larger business be exempted from having to obtain a business license in order to operate since these type businesses do not operate from their homes but their customers. Also, larger businesses must obtain a license in the jurisdiction in which it operates. Such businesses operate via cell phones, cars and computers. Chairman Berg asked whether anyone else wished to speak regarding the Home Occupation and hearing none closed this portion of the hearing. Short Term Rentals Ms. Kathleen Mango, 337 River Sound Lane, Dawsonville, GA believes in preserving the feel of Dawson County while allowing growth. She expressed many concerns over the situation in Chestatee subdivision. Ms. Mango also gave a scenario in which she asked the Board to consider several factors. Mr. Mike Poynter, 156 Poplar Trail, Dawsonville, GA asked whether the revenue generated offset the expense to cover these new regulations. He stated one conflicting statement in the ordinance reports that a prohibited use in residential lakefront is commercial businesses but short term rentals are a commercial venture. ---PAGE BREAK--- Chairman Berg asked whether anyone else wished to speak regarding the Short Term Rentals and hearing none closed this portion of the hearing. Site/Concept Plan Chairman Berg asked whether anyone else wished to speak regarding the Site/Concept Plan and hearing none closed this portion of the hearing. The following motions were made in an attempt to draft language in preparation of the final hearing on February 18, 2010. This motion is not intended to adopt any proposed changes to the Residential Land Use Resolution of Dawson County. Commissioner Pichon presented the following motion in which the Board worked through for several hours. The following is the result of that effort: I move that the Board of Commissioners direct staff to make the following changes to the proposed changes currently published on the Dawson County website and in our documents dated 11/10/2009 entitled Article II Residential Land Use Districts including Section 511 handouts entitled Home Based Businesses and Section 510 covering Concept and Site Plan amendments. 1. That in all tables and in all language throughout the document the RR and RRMM terms be changed to RSR and and that all terms written out reflecting those changes be made throughout the documents. 2. That each section of the residential districts be rewritten so that permitted uses are listed in each section so that one does not have to refer back to each section. 3. In the definition section: change short term rental home to short term home rental for consistency. 4. In Section 511A strike: ‘Dawson County requires all businesses to obtain a Business license” and direct the County Attorney insert language to the effect of “Dawson County requires all businesses to obtain a business license except those home occupation businesses in residential districts which are ancillary offices and which are not the primary location of work, and such secondary home occupation offices are not required to have a business license issued by Dawson County if their business activity is covered by a business license issued by Dawson County for another location if a business license has been issued by some other jurisdiction within the USA for another location.” 5. In Section 511A the second paragraph strike: “The application for and approval of a Business License for a Home Office or Home Occupation shall permit an inspection of the premises.” ---PAGE BREAK--- 6. In Section 511D add item: I. Warehousing or storing of material not directly used in the home occupation. J. The functions of warehousing and ministorage. 7. In Section 511 E1 after “at any one time” and add “nor no more than two customer vehicles at any one time.” 8. In Section 511 E3 change third line to read 8am to 8pm. 9. In Section 511 E5 change the fifth line and add words “an inside a building” and strike “if internal storage space is not available, then stored material shall be allowed in accessory buildings or garage that are detached that meet the definition of an accessory structure per the Land Use Resolution.” 10. In Section 511 E6 strike: “if a tenant requests the Home Occupation, then written permission from the property owner must be attached to the application.” 11. In Section 511, add new heading F. Accessory Buildings for Home Occupation Use: a. Only one accessory building per parcel shall be allowed for home occupation use. b. The maximum size of an accessory building used from home occupation shall be no more than 1.5% of the total parcel size in footprint and in any event no larger than 1,500 square foot in footprint and no higher than the principle residence building. c. Home occupations may be done in accessory buildings which are used for other purposes but the maximum square footage used may not exceed those limits in F2 above. d. The setbacks for all accessory buildings for use as home occupations shall meet the setback requirements for house and residence. 12. In Section 511, add new heading G. Size of residence is used as home occupation: no more than 1,500 square feet of the interior space of a residence or home shall be used for a home occupation. 13. In Section 511, add new heading H. Signs. a. The maximum size of a permanent sign allowed is three square feet in total which is 432 square inches. b. Only one permanent sign is allowed. c. The permanent sign must be affixed no higher than six feet from the first floor foot level to the home or to the accessory building used for the home occupation. d. The permanent sign shall not be lighted. 14. At the bottom of Section511 in the definitions section strike both definitions and replace with: a. Home Occupation: Any business, occupation or activity undertaken for gain or profit within a residential district, except those of agriculturally related uses, within a residential structure that is incidental and secondary to the use of that structures a dwelling unit or within an accessory structure that is incidental and secondary to the use of the use of that structure as attendant to a dwelling unit. ---PAGE BREAK--- b. Home Office: A home office is a Home Occupation which includes but is not limited to, receiving or initiating correspondence, such as phone calls, mail, faxes, or email; preparing or maintaining business records; word and data processing; and telephone, mail order, direct sales (by invitation only), and off premises sales and the like. 15. In Section 511C add language to prohibit outside animal obedience training. 17. In Section 511 C7 strike: “lawn mowers and small engines.” 18. In Section 511 D change “a through i” to numbers rather than lower case letters. 19. In Section 511 D add j: The Repair and service of small internal combustion motors for powered lawn equipment, and motor scooters, all terrain vehicles, boat motors or construction tools and equipment powered by internal combustion motors. 20. Section 511 C. The last paragraph strike “however, if more than one home occupation is granted to a single residence, then the overall size limitation set forth in Section 511 paragraph 5 shall control. 21. Section 511E strike “No more than a total interior and exterior area of 1000 square feet may be used in connection with a home occupation including storage purposes in connection with a home occupation.” 22. Applicant must notify neighbors of a home business at time of application. Motion passed by majority to hold another public hearing on February 18, 2010 and advertise changes on the county website and county offices. Pichon/Nix Commissioner Connor opposed the motion. The following motions were made in the process of Board discussion of Commissioner Pichon’s main motion on Home Based Businesses: • After some discussion from Commissioner Connor, Commissioner Pichon called for the Orders of the Day. • Commissioner Connor motioned to amend the main and to strike 6, 7, 8, 11, 12, 13, and 14 from Commissioner Pichon’s main motion. Motion died for lack of a second. • Commissioner Nix motioned to amend the main by changing #11 of Commissioner Pichon’s main motion to include a maximum of 25% the total house space and to include a 1,500 square foot. Died for lack of a second. • Commissioner Connor motioned to amend the main by motioning to restrict the square footage to 25% of the total area of the home. Motion died for lack of a second. The following motions were made in general Board discussion on Home Based Businesses: ---PAGE BREAK--- • Motion passed unanimously to change the County Manager and Planning Director discretion to read: Section 511 A & C The Planning Director shall make the decision whether an unlisted business is substantially similar to a listed permitted use; if not the home based business shall be approved by the Planning Commissioner through a variance or by the Board of Commissioners as an approved business as a home occupation. Connor/Nix • Motion passed unanimously to strike violation of 60 days in jail. Connor/Nix • Motion passed by majority if a landowner subdivides a lot they must reapply for any business license they currently hold. Commissioners Connor and Nix approved the motion. Commissioners Pichon and Swafford opposed the motion. Chairman Berg voted to approve the main. • Motion passed by majority to restrict home occupation accessory buildings by districts. Accessory buildings are prohibited in the following districts: Residential Suburban, Residential Lakefront, Residential Townhome and Vacation Cottage Rental. Commissioners Connor and Swafford approved the motion. Commissioners Pichon and Nix opposed the motion. Chairman Berg voted to approve the main. • Motion passed unanimously to add language to the Business License application asking the applicant: o Do you live in a community with covenants? o If so, have you checked those covenants to see if this application is in alignment with what is allowed? Pichon/Nix • Motion passed unanimously to amend the main in stressing to the applicant that the County will not enforce said covenants. Connor/Nix The following motion was made in reference to Site/Concept Plan changes: Commissioner Connor motioned to require a concept plan be submitted when the adjacent occupied property is residentially zoned. Died for lack of second. The following motions were made in reference to Short Term Rentals: • Motion passed unanimously to add the 2 plus 2 occupation limits language, in all districts under short term rentals, which is now only in the RPC district for short term rentals. Pichon/Nix • Motion passed unanimously to adopt regulations that state if an agency is acting on behalf of a property owner, that the property owner and agent’s 24 hour contact information be registered with the County. Pichon/Swafford • Motion passed unanimously to direct staff to present a reasonable administrative fee to cover costs for Short Term Rental licensing and inspections. Nix/Pichon • Motion to restrict Short Term Rentals to the RPC districts where they have restrictive covenants sufficient to control these operations. In residential districts outside the length of permits for short term rentals with larger lot size with adequate water and sewer services that shall be inspected by the ---PAGE BREAK--- County. Commissioners Connor and Nix motioned to approve the motion. Commissioners Pichon and Swafford opposed the motion. Chairman Berg voted against the motion therefore defeating said motion. Chairman Berg reminded all the next public hearing will be February 18, 2010 at 6:00pm. OLD BUSINESS: None NEW BUSINESS: None EXECUTIVE SESSION: None ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: None APPROVE:Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Work Session MInutes- February 11, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS WORK SESSION MINUTES – THURSDAY, FEBRUARY 11, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 4:00 p.m. L. NEW BUSINESS 1. Valentine’s Day thank you from the Chestatee Regional Library – Stacey Leonhardt, Branch Manager This item was for information only. 2. GDOT Federal Transit (Legacy Link) Grant – Grants Administrator Kaye Molden & Director Margie Weaver This item will be placed on the 02/18/10 Regular Agenda for ratification. 3. DHR Unified Transportation (Legacy Link) Grant - Grants Administrator Kaye Molden & Director Margie Weaver This item will be placed on the 02/18/10 Regular Agenda for ratification. 4. Legacy Link DHS Grant - Grants Administrator Kaye Molden & Director Margie Weaver This item will be placed on the 02/18/10 Regular Agenda for ratification. 5. Trail Lighting at Veterans Memorial Park bid - Park & Rec Director Lisa Henson This item will be placed on the 02/18/10 Regular Agenda. 6. Approval of HVAC Contract – County Manager Tanner This item will be placed on the 02/18/10 Regular Agenda. ---PAGE BREAK--- 7. Acceptance of Bethany Trace roads into the County Road System - County Manager Tanner This item will be placed on the 02/18/10 Regular Agenda. 8. Discussion of the Tax Allocation District (TAD) Resolution – County Attorney Homans This item will be placed on the 02/18/10 Regular Agenda. 9. Discussion of Preference to Local Contractors – Commissioner Gary Pichon No further action is required. 10. County Manager Report This item was for information only. 11. County Attorney Report This item was for information only. Approve: Mike Berg, Chairman Attest: Davida Simpson, County Clerk ---PAGE BREAK--- Regular Meeting Minutes- February 18, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – FEBRUARY 18, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. OPENING PRESENATION: Dave Hinderliter – Arbor Day Program INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: Chairman Berg made the following announcements for events tomorrow: • Arbor Day celebration at Rock Creek Park at 2pm. • Dedication of the Board of Election office at 4pm. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on January 14, 2010. Nix/Swafford Motion passed unanimously to approve the minutes of Regular Commission Meeting held on February 4, 2010. Swafford/Pichon APPROVAL OF THE AGENDA: ---PAGE BREAK--- Motion passed unanimously to approve the agenda as proffered with the addition of L10) Naming of the Board of Elections Building. Pichon/Nix PUBLIC COMMENT: None ALCOHOL LICENSE HEARINGS: None Chairman Berg announced that if anyone had contributed more than $250 to the campaign for public office and wished to speak they will have to fill out a form which will be made available to them. Under normal program, ten minutes will be given to those who wish to speak in favor of or opposition to with some redirect, time permitting. Chairman Berg explained the policy and procedure for public comment on zoning issues as per the Rules of Procedure for the Dawson County Board of Commissioners. ZONINGS: ZA 10-01 – Robert Garstin has submitted a request for a permissive use as required in the Dawson County Land Use Resolution, Sect. 307.A.4, to be allowed to have a Border Collie Rescue Kennel; TMP 035 011 002; located at 798 Hubbard Road. *Planning Commission has recommended approval without stipulation. Mr. Bob Garstin, 798 Hubbard Road, Dawsonville would like to start a Border Collie training facility. There would be a maximum of 11 dogs at one time. All animals would be housed in an underground facility to protect the community from noise and other common occurrences associated with animal training facilities. Chairman Berg asked whether anyone wished to speak in favor of the application. Mr. Wayne McPherson, 805 Hubbard Road, Dawsonville, stated he has no issue with the kennel and wished the applicant the best of luck. ---PAGE BREAK--- Chairman Berg asked whether anyone wished to speak in opposition of the application and heard none and closed the hearing. Commissioner Connor made the motion to approve the application as submitted. Commissioner Swafford seconded the motion. Motion passed by majority to amend the main to add the stipulation the animals shall be housed indoors during night time hours. Pichon/Nix Commissioner Connor opposed the amendment. Main motion passed unanimously. Connor/Swafford PUBLIC HEARINGS: Proposed changes to the Ordinance to Amend Article III (Residential Land Use Districts), Article V (General Provisions), and Article XII (Definitions) of the Land Use Resolution of Dawson County (3rd of 3 hearings) Ms. Kathleen Mango, 337 River Sound Lane, Dawsonville, asked the Board to consider changing the definition of short term rentals to read: offered for rent less than 30 consecutive days per renter are allowed unless prohibited by deed restrictive covenants. Adding the word consecutive would take into consideration December to January rentals since the current verbiage reads calendar days. Other concerns expressed were only attached housing being permitted to have short term rentals and asked HOAs the ability to opt out of permitted uses. Mr. Warren King, 1038 Chestatee Point, Dawsonville, feels the accessory building heights permitted are too high. He asked the Board to review and look at ramifications of 1 ½ story buildings in neighborhoods. Ms. Pat Wyrembelski, 315 Meadows Court, Dawsonville, suggested to the Board they restrict accessory buildings by district and not by acreage. She added that once an accessory building is put on a 3 or 5 acre parcel it cannot be reduced unless the district first becomes commercial. Also, the current document reads that home based businesses which hold a current business license at the effective date of the resolution shall continue. She asked that all businesses be reassessed and should not be grandfathered in under these circumstances. Mr. Mike Wenson, Alternate for the Planning Commission, 64 Taylor Creek Court, Dawsonville, expressed concern over accessory buildings. He reported that home based businesses should not be ---PAGE BREAK--- noticed to surrounding property owners and do not need accessory buildings. He feels that adding an additional building makes the business commercial. Mr. Wenson stated that zoning offers residents some assurances that the area will be protected and maintain its conduciveness to their lifestyle and not allow commercial in these areas. Mr. Lionel Graves, District 3 Planning Commissioner, 224 Park Cove Road, Dawsonville, encouraged the Board to restrict accessory buildings by district and not acreage for the reason the land can be subdivided. Mrs. Arlene McClure, Alternate for the Planning Commission, 772 Stowers Road West, Dawsonville, spoke as an owner of commercial real estate who is trying to rent property throughout the county. She reported making it easier for people to have their businesses in their homes can decrease the property values of surround property owners and will force renters out business of themselves. Mrs. McClure currently has lowered the rent drastically in her facilities but at a risk to her business. Mr. Vernon Smith, 182 East View Drive, Dawsonville, believes people moved to this area because its rural nature but some people moved into because of covenants. He does not believe that county ordinance should supersede those deed restrictive covenants. Mr. Smith also stated he feels that the materials accessory buildings are constricted with is a more important stipulation than size. Mrs. Jane Graves, President of the Dawson County Homeowners Association, 224 Park Cove Road, Dawsonville, believes that if the Board allows accessory buildings in districts where the lots are .75 or less it will irrevocably harm the property values. Chairman Berg asked whether anyone wished to speak about this subject and heard none and closed the hearing. County Attorney recommended to the Board to not mention deed restrictive covenants in ordinance. He has no issue with putting questions on the home based business application if a citizen is aware of any deed restrictive covenants. Motion passed unanimously to discuss the comments from the citizenry. Connor/Swafford Motion passed by majority to cease all discussion and move forward. Pichon/Nix Commissioner Connor opposed the motion. ---PAGE BREAK--- Commissioner Swafford made the following motion: Section 511 Home Based Business Reference Item F per the 02/04/10 revision of the County Attorney. Delete F2 1. The use of accessory buildings for home based business is prohibited on parcels less than three acres in all residential districts. (This will be to allow home based businesses in the closer knit residential areas inside the residence, yet permit use of accessory buildings for home occupation on larger lots.) Reference Item F per the 02/04/10 revision of the County Attorney. Delete F5 2. The use of accessory buildings, where allowed, for home based businesses shall be limited to of the parcel and shall not exceed 2500 square feet nor exceed 30 feet in height from grade. (This will allow a building of approximately 784 square feet or 28 feet by 28 feet on a three acre parcel and a building on a five acre parcel of approximately 36 feet by 36 feet, with a maximum size of 2500 square feet on any parcel regardless of size.) Reference the 02/04/10 revision of the County Attorney. Delete G1 3. Amount of residence used as a home occupations a. No more than 25% of the interior heated space of the residence/home shall be used for a home occupation. Add language under J. 4. Home based businesses holding a valid business license at the effective date of this resolution shall be allowed to continue operation in the current form unless the form of business changes, ownership of business and/or any portion of the property changes ownership. (This will allow those home based businesses currently in operation to continue even though they may not meet some of the stipulations in the new Section 511. I have checked with the County Marshall, Planning Director and County Manager and none have had any complaints regarding current home based businesses.) Reference Item D. Prohibited Home Occupations. 5. Suggested changes to the language of home based businesses: a. Item % - delete the words “upholstery and detailing services” and show these as permitted occupations in Item C. only in areas where accessory buildings are allowed. b. Add Item 7A as follows: Human and/or animal cremation facilities. (This will be in addition to the undertaking and funeral parlors and I feel is necessary to prohibit someone from trying to put a cremation facility in a residential area.) ---PAGE BREAK--- 6. Add the effective date of the change to the Residential Land Use Districts shall be effective 30 days after approval by the Dawson County Board of Commissioners. (This will allow time for the Planning and Zoning office to make any needed change to forms, etc.) Clarification of Definition: A home office means an office use carried on by the occupant thereof that is incidental and secondary to the use of structure as a dwelling unit that includes, but is not limited to, receiving or initiating correspondence such as phone calls, mail, faxes or email; preparing or maintaining business records; word and data processing; and telephone, mail order, direct sales (by invitation only), and off premise sales and the like. Item B2: Add “Exception to business license requirement only” and strike “or a home occupation”… “Home Occupation or”…”and”. Item 6 Ownership: The business owner of the dwelling associated with the home occupation shall occupy the dwelling as a residence and shall own the premises. Motion passed by majority to amend Reference F1) Three acres to five acres. Nix/Connor Commission Swafford opposed the motion. Motion to amend the main by directing County Attorney to rework these changes to allow for legal language and to provide all changes to the Board of Commissioner prior to advertising to public. Pichon/Nix Commissioner Connor opposed the motion. Main motion passed by majority to change the document to include the changes suggested and motioned by Commissioner Swafford. Swafford/Pichon Commissioner Connor opposed the motion. Motion passed by majority to hold a forth public hearing given that the significant change from district to acreage. Connor/ Swafford Commissioners Pichon and Nix opposed the motion. OLD BUSINESS: None ---PAGE BREAK--- NEW BUSINESS: Ratification of the GDOT Federal Transit (Legacy Link) Grant Motion passed unanimously to ratify the GDOT Federal Transit Grant as submitted. County Manager reported all issues that arise with the rates will be handled internally. Pichon/Swafford Ratification of the DHR Unified Transportation (Legacy Link) Grant Motion passed unanimously to ratify the DHR Unified Transportation Grant as submitted. Nix/Pichon Ratification of the Legacy Link DHS Grant Motion passed unanimously to ratify the Legacy Link DHS Grant as submitted. Pichon/Swafford Trail Lighting at Veterans Memorial Park bid Motion passed unanimously to approve the vendor as submitted. Pichon/Nix Approval of HVAC Contract Motion passed unanimously to approve the contract as submitted. Swafford/Pichon Acceptance of Bethany Trace roads into the County Road System Motion passed unanimously to accept the roads of Bethany Trace Subdivision into the County road system. Connor/Pichon Discussion of the Tax Allocation District (TAD) Resolution Motion passed by majority to move forward on formulating language for local legislation for a Tax Allocation District. Pichon/Swafford Commissioner Connor opposed the motion. Discussion of Humane Society Contract After a joint meeting with the Dawson County Humane Society the following motion was made. ---PAGE BREAK--- Commissioner Connor motioned for the Board of Commissioners to authorize payment for an audit with a maximum of $5,000.00, recognize certain fixed costs, paying $12,500.00/month, set a rate of 125 animals and pay any additional overages on a basis. Motion dies for a lack of a second. Commissioner Pichon motioned for the Board of Commissioners to authorize payment of $2,000.00 towards an audit. Dies for a lack of a second. Motion passed by majority to amend the main to stipulate the auditor must be the county approved auditor. Pichon/Swafford Commissioner Connor opposed the motion. Motion passed by majority for the Board of Commissioners to authorize payment up to $2,500.00 or half the cost whichever is less and any overages above the 150/month allowance be paid at the end of each quarter and that the contract must be signed by the Dawson County Humane Society within seven days. Nix/Pichon Commissioner Connor opposed the motion. Naming of the Board of Elections Office building Motion passed unanimously to honor Mr. and Mrs. Chappell and name the Board of Elections Office Building The Chappell Building. Pichon/Nix ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Work Session Minutes- February 25, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS WORK SESSION MINUTES – THURSDAY, FEBRUARY 25, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 4:00 p.m. K. NEW BUSINESS 1. Approval of vendor for Audit for Tax Assessor’s Office – Chairman Joe Bosworth and Chief Appraiser Clarence Brown This item will be placed on the 03/04/10 Regular Meeting Agenda. 2. Adoption of the Annual Zoning Maps – Planning Director David McKee This item will be placed on the 03/04/10 Regular Meeting Agenda. 3. Approval of 2009 BOC Expenses This item will be placed on the 03/04/10 Regular Meeting Agenda. 4. BOE School Tax Levy Resolution – County Attorney Homans This item will be placed on the 03/04/10 Regular Meeting Agenda. 5. Approval to publish the original CPAC recommendations regarding the Land Use Residential Districts – Commissioner Connor This item will be placed on the 03/04/10 Regular Meeting Agenda. 6. Discussion of the Animal Care and Control Contract – Chairman Berg This item will be placed on the 03/04/10 Regular Meeting Agenda. ---PAGE BREAK--- 7. County Manager Report This item was for information only. 8. County Attorney Report This item was for information only. APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Regular Meeting Minutes- March 4, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – MARCH 4, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. OPENING PRESENATION: United Way Update - Jay Sessions, 2009-2010 President INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: Chairman Berg welcomed the students from North Georgia College and State University. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on February 12, 2010. Swafford/Pichon Motion passed unanimously to approve the minutes of Regular Commission Meeting held on February 18, 2010. Nix/Pichon APPROVAL OF THE AGENDA: Motion passed unanimously to approve the agenda with the following changes: • L2. Adoption of Annual Zoning Maps shall be moved under Public Hearings; ---PAGE BREAK--- • Re-discussion of Animal Care and Control Contract shall be heard first under New Business; and • Add items Courthouse/Government Center Change Order #3 and Courthouse/Government Center Change Order #5 to the agenda. Nix/Swafford PUBLIC COMMENT: Carolyn Bowen, 6 Admirals Point Circle, Dawsonville, GA asked the Board to consider changing the Animal Care & Control contract as submitted by the Humane Society at 125 animals. She stated all funds received are necessary to the survival of the facility. George David, 651 Dear Leap Road, Dawsonville, GA stated how important animals are in our lives and asked the Board to support the Humane Society as much as possible. A community can be judged on how it treats its animals. Al Jorgensen, 927 Liberty Church Road, Dawsonville, GA, reported a lot of money goes into each animal preparing them for adoption. He feels that the Humane Society should be equal with all departments in funding. This includes allocations and cutbacks. He asked for the Boards support in all endeavors with the Dawson County Humane Society. ALCOHOL LICENSE HEARINGS: None PUBLIC HEARINGS: Annual Zoning Maps Chairman Berg reported explained this is an attempt to correct all zonings on a county map since the zoning process started in 1986. No zonings are changing but the map will reflect any corrections. This hearing has been advertised in the legal organ. He asked if anyone wished to speak about the Adoption of the Annual Zoning Maps and hearing none closed the hearing. Motion passed unanimously to adopt the Annual Zoning Maps as presented. Pichon/Swafford OLD BUSINESS: None ---PAGE BREAK--- NEW BUSINESS: Re-discussion of the Animal Care & Control Contract Commissioner Connor motion to accept the changed contract at the limit of 125 animals as submitted. Motion died for lack of second. No further action taken by the Board. Approval of vendor for Audit for Tax Assessor’s Office Motion passed unanimously to approve Traylor Business Services as the vendor for the Tax Assessor’s Office. Connor/Swafford Approval of 2009 BOC Expenses Board directed County Clerk to post on website. Motion passed unanimously to approve the 2009 BOC Expenses as submitted. Connor/Nix Discussion to publish information on county website This item was about publishing the original Citizen’s Planning Adjunct Committee (CPAC) original recommendation on the website. Chairman Berg reminded the citizenry that the next hearing will be Thursday, April 1, 2010. Commissioner Connor motioned to publish this information on the county website. Motion died for lack of a second. No further action taken on this item. Permit for Assembly: Blue Ridge Relay (Tabled 12/17/09) All approval, proper insurance and information is on file with the County Clerk. ---PAGE BREAK--- Motion passed unanimously to approve the Permit for Assembly: Blue Ridge Relay as submitted. Pichon/Nix Courthouse/Government Center Change Order #3 Motion passed unanimously to approve Courthouse and Government Center Change Order #3 as submitted. Swafford/Pichon Courthouse/Government Center Change Order #5 Motion passed unanimously to approve Courthouse and Government Center Change Order #5 as submitted. Pichon/Nix EXECUTIVE SESSION Motion passed unanimously to enter into Executive Session to discuss: • 1 legal item • 2 personnel items. Nix/Swafford/Pichon/Connor Motion passed unanimously to come back into open session. Pichon/Swafford/Connor/Nix ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Regular Meeting Minutes- March 18, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – MARCH 18, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Clerk Simpson and interested citizens of Dawson County. District 2 Commissioner Swafford and County Manager Tanner were absent as they were attending ACCG training. OPENING PRESENATION: Adam Buice – Jaycees Program Introduction INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: Chairman Berg announced opening day at Rock Creek Park will be Saturday, March 20, 2010 from 10am- 2pm. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on March 4, 2010. Nix/Pichon APPROVAL OF THE AGENDA: Motion passed unanimously to approve the agenda as proffered. Pichon/Pichon PUBLIC COMMENT: ---PAGE BREAK--- None ALCOHOL LICENSE HEARINGS: None Chairman Berg announced that if anyone had contributed more than $250 to the campaign for public office and wished to speak they will have to fill out a form which will be made available to them. Under normal program, ten minutes will be given to those who wish to speak in favor of or opposition to with some redirect, time permitting. Chairman Berg explained the policy and procedure for public comment on zoning issues as per the Rules of Procedure for the Dawson County Board of Commissioners. ZONINGS: VR 10-02 – Brett Turner, authorized agent for property owner James Shepard, had submitted a request to vary from the lot size as required in the Dawson County Land Use Resolution, Sect. 307.A.1 to allow for a mobile home; TMP 067 042 002; 40 Ivey Road. Planning Commission recommended denial of the application. Chairman Berg asked if the applicant or anyone on the applicant’s behalf were present and no one came forward therefore the applicant stood mute. No paperwork was ever filed with the Planning & Zoning Office or the County Clerk to withdraw the application. Motion passed unanimously to deny the application as submitted. Connor/Pichon PUBLIC HEARINGS: None OLD BUSINESS: None NEW BUSINESS: ---PAGE BREAK--- Approval to Advertise for the Possible Abandonment of Densmore Road on April 15, 2010 Motion passed unanimously to advertise in the Legal Organ for the possible Abandonment of Densmore Road. Pichon/ Nix Approval to Advertise for Public Hearings for the Updated Soil Erosion Ordinance Motion passed unanimously to advertise in the Legal Organ and on the County Website for the Updated Soil Erosion Ordinance. Nix/Pichon BOE School Tax Levy Resolution Motion passed unanimously to approve the Board of Education School Tax Levy Resolution as submitted. Nix/Pichon Litigation Update from County Attorney County Attorney Homans reported Superior Clerk of Court Becky McCord submitted her retirement, resignation and rescinds her appointment of Elaine Garrett as Chief Deputy Clerk as of March 18, 2010. Mr. Homans reported the paperwork was not correctly filed with the Governor’s Office therefore it is not official until Governor Perdue formally accepts her resignation. Mr. Homans will contact the Governor’s Office within 24 hours. ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Regular Meeting Minutes- April 1, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – APRIL 1, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. OPENING PRESENATION: Executive Director Bindy Auvermann – Mentoring Program Update INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: None APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on March 18, 2010. Nix/Pichon APPROVAL OF THE AGENDA: Motion passed unanimously to approve the agenda with the addition of L13) Approval of GDOT Contract for Holcomb Road Right of Way Certification. PUBLIC COMMENT: None ---PAGE BREAK--- ALCOHOL LICENSE HEARINGS: None ZONING: None PUBLIC HEARINGS: Proposed amendments to Article III (Residential Land Use Districts), Article V (General Provisions), and Article XII (Definitions) and to review and readopt all other Articles of the Land Use Resolution of Dawson County (4th of 4 hearings) Dick Bergen, Chairman of Dawson County Planning Commission and CPAC, 158 River Overlook Circle, Dawsonville asked the Board to consider allowing renters to obtain Home Occupation licenses with the owner’s express written approval. As it stands, only property owners may run a business from their homes. Chairman Berg asked whether anyone wished to speak about this subject and heard none and closed the hearing. Motion passed by majority to approve the following motion: Move adoption of the Land Use Resolution with the following changes to Article III, pages 1-43 as updated on February 9, 2010, sections 301, 302, 303, 304, 305 and 310 adding under each section of 301, 302, 303, 304, 305 and 310, language to prohibit the use of any accessory building for a home occupation use. (The intention is to restrict accessory buildings for the purposes of home based business only in Section 309: Rural Agriculture and Residential Exurban; 5 acres or more.) Furthermore, in Section 306 adding language that home occupations shall be permitted only if the owner of the multi-family property grants written permission for such a specific home occupation. Pichon/Nix Commissioner Connor opposed the motion. Motion passed by majority to approve Section 511, Home Based Businesses of the Land Use Resolution with the following change to E6 to add “Home occupation shall be allowed in Section 306 Multi-Family if ---PAGE BREAK--- the owner of the multi-family property grants written permission for such specific home occupation.” Pichon/Swafford Commissioner Connor opposed the motion. Motion passed unanimously to approve Item 5 of the Dawson County Site Plan Requirements be included in the Land Use Resolution and that Item 5 be designated Section 510. Pichon/Swafford OLD BUSINESS: None NEW BUSINESS: Permit for Assembly: Atomic Run Motion passed unanimously to approve the Permit for Assembly: Atomic Run. Nix/Swafford Permit for Assembly: Rose Pedal Bike Ride Motion passed unanimously to approve the Permit for Assembly: Rose Pedal Bike Ride. Swafford/Pichon Permit for Assembly: Kiwanis Fun Run Motion passed unanimously to approve the Permit for Assembly: Kiwanis Fun Run. Pichon/Swafford Approval to hold Golf Tournament for Smoke Alarms & Fire Safety Motion passed unanimously to approve the Golf Tournament for Smoke Alarms and Fire Safety. Nix/Pichon Approval to hold GA Firefighter Burn Foundation Boot Fundraiser Motion passed unanimously to approve the GA Firefighter Give Burns the Boot Fundraiser. Nix/Swafford Approval of IGA with Secretary of State’s Office: Voting Machines Amendment 2 Motion passed unanimously to approve the IGA with the Secretary of State’s Office: Voting Machines Amendment 2. Pichon/Swafford ---PAGE BREAK--- Approval of the Dawson County Humane Society Contract Motion passed unanimously to approve the Humane Society Contract as submitted. Pichon/Swafford Approval to hold Special Election for Clerk of Superior Court’s Office Motion passed unanimously to approve to hold the Special Election for Clerk of Superior Court’s Office. Swafford/Nix Ratification of Dismissal: Petition to Remove Clerk of Superior Court from Office Motion passed unanimously to ratify the Dismissal: Petition to Remove Clerk of Superior Court from Office. Pichon/Swafford Approval of GDOT Contract for Holcomb Road Right of Way Certification Motion passed unanimously to approve the GDOT Contract for Holcomb Road Right of Way Certification. Pichon/Nix ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: Gordon Tuttle, 310 Meadows Court, Dawsonville offered comments about road issues and cooperation from administration to assist in the matter. APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Regular Meeting Minutes- April 15, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – APRIL 15, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner and interested citizens of Dawson County. County Clerk Simpson was absent. OPENING PRESENATION: Marcia Chelf & Warren King – Arts Council Update and Spring Fling Announcement INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: Chairman Berg announced the District 3 Community Clean Up will be on April 17, 2010 and Electronic Recycling Day will be on April 24, 2010. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on April 1, 2010. Pichon/Nix APPROVAL OF THE AGENDA: None PUBLIC COMMENT: ---PAGE BREAK--- None ALCOHOL LICENSE HEARINGS: Retail Beer & Wine License: Ramnath, LLC-Sandip Patel – d/b/a R&S Food Mart County Attorney reported the applicant meets all requirements of the ordinance as does the premise and structure. Chairman Berg reported past problems with businesses selling alcohol to minors and hopes measures will be taken to include proper training of employees to prevent this occurrence with their business. Motion passed unanimously to approve the application as submitted. Pichon/Nix ZONINGS: None PUBLIC HEARINGS: Abandonment of Densmore Road (1st of 1 hearing) Chairman Berg announced this will be the only public hearing on this issue. The County is advertise properly to hold a hearing and abandon if the Board chooses. Mr. Hugh Geeslin, 3665 Afton Road, Dawsonville, GA would like the County to close Densmore Road but not completely abandon it. Mr. Geeslin would like dirt mounds to be placed at the openings of the road section in question. He listed several advantages to closing the road and offered pictures. Mr. Geeslin reported he and Forestar are the only two private property owners that would be affected by any closure of abandonment of Densmore Road. Mr. Larry Long, VP Northeast Division, Forestar Group, 447 E.E. Butler Parkway, Gainesville, Georgia supports fully abandonment of Densmore Road even though it is the main entry point for logging trucks. He reported the west side of Densmore Road is the only access to an area on the north side of the western section. This area is frequented by DNR. If the road is closed, Forestar would like guaranteed access through the state whether it be easement or right of way. Chairman Berg asked whether anyone else wished to speak and hearing none closed the hearing. ---PAGE BREAK--- County Attorney Homans reported any agreements for easement with DNR/State and Forestar the County cannot be involved in. He suggested only filing a resolution and not file a quitclaim deed with the Clerk of Court’s Office. Once all easements decisions have been made, parties may approach County about abandoning all of Densmore Road. Motion passed unanimously to abandon the east side of Densmore Road from Afton Road to Amicalola Church Road only. Pichon/Swafford Changes to the Updated Soil Erosion Ordinance (1st of 2 hearings) Chairman Berg reported there will be two hearings on the Updates to the Soil Erosion Ordinance. Copies were provided to the public. He asked whether anyone wished to speak on the issue and hearing none closed the hearing. The next hearing will be May 6, 2010. OLD BUSINESS: None NEW BUSINESS: Approval of the Healthways Provider Silver Sneakers contract Motion passed unanimously to approve the Healthways Provider with changes stipulated. Pichon/Swafford Northside Hospital Agreement (Inmate Care Contract) Motion passed unanimously to approve the Northside Hospital Agreement as submitted. Nix/Pichon Emergency Services Uniform Bid Motion passed unanimously to approve the Emergency Services Uniform Bid as submitted with T&T Uniforms, Inc for one year with two, one year renewals possible. Swafford/Nix EMS Vehicle Grant ---PAGE BREAK--- Motion passed unanimously to approve the EMS Vehicle Grant as submitted. Nix/Pichon Permit for Assembly: Rotary Bike Ride Motion passed unanimously to approve the Permit for Assembly: Rotary Bike Ride. Swafford/Nix Approve to send Letter of Support regarding Dawson County Scope of Work of Upper Etowah Watershed Alliance Motion passed unanimously to approve the Letter of Support regarding the Dawson County Scope of Work for the Upper Etowah Watershed Alliance. Connor/Pichon ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Regular Meeting Minutes- May 6, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – MAY 6, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. OPENING PRESENATION: Dawson Community Chorale INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: Chairman Berg made the following announcements: • The 9th District Congressional Election will be held on Tuesday, May 11, 2010; • The Community Relations Committee of Big Canoe hosted a golf and reception event on Tuesday, May 4, 2010; and • Prayers were offered for City of Dawsonville Mayor Joe Lane Cox and Dr. Mark Weaver, Pastor of Grace Presbyterian Church. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on April 15, 2010. Nix/Swafford APPROVAL OF THE AGENDA: ---PAGE BREAK--- Motion passed unanimously to approve the agenda as proffered. Pichon/Connor PUBLIC COMMENT: None ALCOHOL LICENSE HEARINGS: None ZONINGS: None PUBLIC HEARINGS: Proposed changes to the Updated Soil Erosion Ordinance (2nd of 2 hearings) Chairman Berg reported this is the final hearing on the Soil Erosion Ordinance and asked if anyone wished to speak and hearing none closed the hearing. Motion passed unanimously to approve the Update Soil Erosion Ordinance as submitted. Pichon/Nix OLD BUSINESS: None NEW BUSINESS: PROCLAMATION: Dawson County Sheriff’s Office Chairman Berg read the proclamation into the record. The Board of Commissioners thanked all members of the Dawson County Sheriff’s Department for their dedication and loyal service. Motion passed unanimously to approve the proclamation. Swafford/Nix Acceptance of Bid for DCSO Laptops ---PAGE BREAK--- Motion passed unanimously to award the Dawson County Sheriff’s Department Laptop bid #12510IFB to Technical Systems Integrators, LLC with the waiver that they were not the low bid. Technical Systems Integrators, LLC was the lowest bid that met all specifications. Warranty and technical support on the low bid was not to specifications of 5 years. Connor/Swafford Discussion of Lanier Tech Right of Way Motion passed unanimously to table discussion of the Lanier Tech Right of Way until May 20, 2010. Swafford/Nix Approval of the LWCF Grant Pre-Application and Resolution Motion passed unanimously to approve the LWCF Grant Pre-Application and Resolution as submitted. Pichon/Swafford ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Regular Meeting Minutes- May 20, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – MAY 20, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. OPENING PRESENATION: RIC Rack Program Update by Mr. Warren King and Award Presentation to Mr. Ken Newell INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: Commissioner Connor encouraged citizens to sign up for the Dawson County Humane Society Golf Tournament on Monday, May 24, 2010 at Falls Golf Course. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on May 6, 2010. Swafford/Nix APPROVAL OF THE AGENDA: Motion passed unanimously to approve the agenda with the addition of K1) American Healthways Services, Inc a.k.a. Silver Sneakers contract update and the deletion of items L2) Permit for Assembly: Poker Run for Dawson Humane Society and L9) Approval of the Special Event Permit & Alcohol Permit for Humane Society Event June 5, 2010. The applicant has formally requested these items be removed until further notice. Nix/Pichon ---PAGE BREAK--- PUBLIC COMMENT: None ALCOHOL LICENSE HEARINGS: None ZONINGS: None PUBLIC HEARINGS: None OLD BUSINESS: Silver Sneakers contract update Motion passed unanimously to approve the American Healthways Services, Inc a.k.a. Silver Sneakers contract with the following changes as to the County Attorney memo dated May 19, 2010: • Item 1: Choice of Law – Venue; • Item 2: Program duties and obligations of facility and member access; • Item 3: Exclusivity; • Item 4: Services of Members of Sponsoring Organization; and • Item 5: Waiver of Claims and Indemnity. Pichon/Swafford NEW BUSINESS: Permit for Assembly: Tour of Atlanta Bike Race Motion passed unanimously to approve the Permit for Assembly: Tour of Atlanta Bike Race as submitted. Nix/Pichon ---PAGE BREAK--- Permit for Assembly: Poker Run for Dawson Humane Society Item removed by applicant. Proclamation: Emergency Services Week Chairman Berg read the proclamation into the record. Motion passed unanimously to approve Proclamation: Emergency Services Week. Connor/Swafford Approval of the Emergency Services Fundraiser for Stations #5 & #6 Motion passed unanimously to approve the Emergency Services Fundraiser for Station #5 & #6 as submitted. Pichon/Nix Approval of the Assistance to Fire Fighters Grant Motion passed unanimously to approve the Assistance to Fire Fighters Grant. Connor/Swafford Approval to declare surplus: F-250 Pick Up from Road Department Motion passed unanimously to declare the F-250 Pick Up from Road Department as surplus. Swafford/Nix Approval of GIS Website Hosting/Maintenance Services Motion passed unanimously to approve the GIS Website Hosting/Maintenance Services as offered. Pichon/Connor Approval of AV Consultant for Dawson County Government Center Motion passed unanimously to approve the AV Consultant for Dawson County Government Center. Pichon/Swafford Approval of the Special Event Permit & Alcohol Permit for Humane Society Event June 5, 2010 Item removed by applicant. ---PAGE BREAK--- Approval of IGA with BOE and Lanier Tech for Lanier Tech Right of Way (tabled from 05/06/10) Motion passed unanimously to postpone this item until June 17, 2010. Pichon/Nix ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Regular Meeting Minutes- June 3, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – JUNE 3, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. OPENING PRESENATION: Family Connection Program Update & Celebrity Waiter Breakfast on June 18, 2010 – Nancy Stites, Coordinator INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: District 1 Commissioner Pichon reported the Tour of Atlanta Bike Race was a huge success and thanked all the citizens that dedicated their time to the event. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on May 20, 2010 Pichon/Swafford APPROVAL OF THE AGENDA: Motion passed unanimously to approve the agenda as submitted. Nix/Pichon PUBLIC COMMENT: ---PAGE BREAK--- None ALCOHOL LICENSE HEARINGS: Consumption on Premises Beer & Wine License – Piazza at Dawsonville, LLC – d/b/a Piazza Italian Restaurant County Attorney Homans reports the applicant meets all the requirements of the ordinance. Motion passed unanimously to approve the Consumption on Premises Beer & Wine License – Piazza at Dawsonville, LLC – d/b/a Piazza Italian Restaurant as submitted. Pichon/Nix ZONINGS: None PUBLIC HEARINGS: None OLD BUSINESS: None NEW BUSINESS: Request for hardship waiver of zoning fees Ms. Amanda Sheffield stood in place of Mrs. Anne Sheffield as she was unavailable for this meeting. Planning Director McKee reported the distance from front door to front door, per County ordinance, was more than 700 feet and therefore meets the requirements. Motion passed unanimously to deny the request for the hardship waiver of zoning fees. Pichon/Connor Medical Insurance Renewal ---PAGE BREAK--- Motion passed unanimously to approve Blue Cross/Blue Shield of Georgia Option 1 at an additional cost of $50,000.00 to the County. Pichon/Swafford Approval of the GEFA EECBG Energy Efficiency Grant Motion passed unanimously to approve the GEFA Energy Efficiency and Conservation Block Grant as submitted. Swafford/Nix County Manager Tanner reported the Intergovernmental Agreements with Lumpkin County and City of Dawsonville will be brought before the Board for approval at a later date. Approval of Agreement with Chestatee Development District 3 Commissioner Connor recused himself from all discussion and vote on the next three agenda items: Approval of Agreement with Chestatee Development, Acceptance of Nightfire Drive and Dogwood Way into the County Road System, and Approval of Bid for repairs to Nightfire and Dogwood Roads and waiver of bid issue. Motion passed unanimously to approve the Agreement with Chestatee Development subject to requirements of the contract. Pichon/Nix Commissioner Connor recused himself. Acceptance of Nightfire Drive and Dogwood Way into the County Road System Motion passed unanimously to accept Nightfire Drive and Dogwood Way subject to the requirements of the Agreement with Chestatee Development as submitted in the previous item, the improvements specified in bid package listed as IFB# 12810, and Board approval of IFB #12810 recommendations. Swafford/Pichon Connor recused himself. Approval of Bid for repairs to Nightfire and Dogwood Roads and waiver of bid issue Motion passed unanimously to approve the contract with Allied Paving, Inc. to carry out the work contained in the scope of work attached as part of the bid package listed as IFB# 12810. Also, to waive the technicality for the portion of paperwork omitted at time of submittal. All paperwork has been since submitted. Note: Approval of IFB# 12810 is subject to all stipulations of the Agreement with Chestatee Development being met prior to the initiation of work. However, if the Agreement with Chestatee Development is not fulfilled, the County will not proceed with repairs on said roads. Pichon/Nix Connor recused himself. ---PAGE BREAK--- Georgia 400 Gardens Concept Motion passed by majority to direct County Manager Tanner and staff to do a feasibility study for the Gardens at GA 400 idea contracting all the potential parties, interviewing possible landscape architects, considering a long term maintenance plan, calculating estimated costs, examining and other aspect of such an undertaking and report back to the Board of Commissioners in approximately 90 days with those preliminary findings along with staff recommendations. Pichon/Nix Commissioner Connor opposed the motion. Board Appointment to Health Board – Mrs. Elaine Maple Motion passed unanimously to appoint Mrs. Elaine Maple to the Health Board of Dawson County. Mrs. Maple will replace Mrs. Val Dodson whose term will expire in December 2011. Nix/Swafford ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Regalar Meeting Minutes- June 17, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – JUNE 17, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. OPENING PRESENATION: Work Ready Program Update – Linda Williams, President of Dawson County Chamber of Commerce INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: Chairman Berg reported the Dawson County Family Connection will hold its annual Celebrity Waiter Breakfast at Longhorns on Friday, June 18, 2010 from 7:30am-9:30am. Tickets are on sale at the door. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on June 3, 2010. Nix/Pichon APPROVAL OF THE AGENDA: Motion passed unanimously to approve the agenda as proffered. Swafford/Pichon PUBLIC COMMENT: ---PAGE BREAK--- None ALCOHOL LICENSE HEARINGS: Retail Package Beer & Wine License – Revco Discount Drug Centers, Inc. d/b/a CVS/Pharmacy #5640 County Attorney Homans reported the applicant meets all requirements of the ordinance. Motion passed unanimously to approve the Retail Package Beer & Wine License for Revco Discount Drug Centers, Inc. d/b/a CVS/Pharmacy #5640. Pichon/Nix ZONINGS: None PUBLIC HEARINGS: None OLD BUSINESS: None NEW BUSINESS: Approval of TEFRA Resolution on Recovery Zone Bonds Motion passed by majority to approve the TEFRA Resolution on Recovery Zone Bonds. Nix/Pichon Commissioner Connor abstained Approval of to hold public hearings regarding the changes to the Subdivision Regulations Motion passed unanimously to hold public hearings on the Subdivision Regulations with the following changes to the document identified as Dawson County Subdivision Regulations dated June 17, 2010: Page 7, Section 104.1 Applicability of Regulations. Strike “not” in Article 1, paragraph 3; Page 10, Add Concept Plan to the list definitions; ---PAGE BREAK--- Page 51, Prior to Variances, add Article XI; Page 7, In Section 106.2 Authority, the last reference of Article X should read Article XI; Page 19, Section 300 Plating Authority should read the following: From and after the adoption and enactment of the Subdivision Regulations, The Board of Commissioners shall be the official platting authority, and no plat of a subdivision within the unincorporated portion of Dawson County shall be filed or recorded in the office of the Clerk of the Superior Court of Dawson County until it shall have been submitted and approved by the Director of Planning and Development and such approval entered in writing on the plat by the Chairman Board of Commissioners. The Clerk of the Superior Court shall not file or record a plat of a subdivision which does not have the approval of the Chairman of Board of Commissioners as required by the Enabling Legislation of the County and by these Regulations. The filing or recording of a plat of a subdivision without the approval of the Chair of the Board of Commissioners as required by these Regulations is hereby declared a misdemeanor and, upon conviction, is punishable as provided by law. Pichon/Swafford Motion passed unanimously to change the wording to Section 303 Public Access to read: Access to every private road within a major subdivision shall be provided over and through a public street or a public access street or a public easement in existence on the effective date of this resolution. Access to a private road shall not be provided by way of private easements or private right-of-way. Private roads within a major subdivision shall abut a public street or a public access street (a street with right-of-way dedicated to a property owner‘s association of the subdivision involved or reserved in the name of the developer). Lots within a minor subdivision may be accessed by means of private common driveway. Connor/Swafford Approval of Cooperative Agreement between GA Forestry and Dawson County Motion passed unanimously to approve the Cooperative Agreement between GA Forestry and Dawson County. Pichon/Nix ---PAGE BREAK--- Approval of Part Time Community Service Supervisor Motion passed unanimously to approve the part time Community Service Supervisor. Swafford/Pichon Approval of CHIP Grant Application Motion passed unanimously to approve the Community Home Investment Program (CHIP) Grant Application as submitted. Swafford/Nix Board Appointment: DFCS Board Motion passed unanimously to reappoint Ms. Mary Hulsey to the DFCS Board. Pichon/Nix Board Appointment: Tree Preservation Committee Motion passed unanimously to appoint Mr. George Lyons to the Tree Preservation Committee. Pichon/Swafford RESOLUTION: Retirement of Dawson County Sheriff’s Department K-9 Yoki Motion passed unanimously to approve the resolution as submitted to retire Toki, the K9 dog. Connor/Swafford IGA with BOE and Lanier Tech for Lanier Tech Right of Way (tabled from 05/06/10 and 05/20/10) Motion passed unanimously to approve the Intergovernmental Agreement with the Board of Education and Lanier Tech for Lanier Tech Right of Way as submitted. Pichon/Nix Approval of GEBCorp Defined Benefit Plan Contract Motion passed unanimously to approve the GEBCorp Defined Benefit Plan contract. Swafford/Pichon EXECUTIVE SESSION Motion passed unanimously to enter into Executive Session to discuss one item of personnel. Nix/Swafford/Pichon/Connor ---PAGE BREAK--- Motion passed unanimously to come out of Executive Session. Pichon/Connor/Swafford/Nix ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Regular Meeting Minutes- July 1, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – JULY 1, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. OPENING PRESENATION: Sparks in the Park – Cathy Brooks, Government and Community Affairs INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: Chairman Berg reported that the 7 year old All Starts will be playing at Wells Park in Alpharetta and Dawson Day – Sparks in the Park will be held on Saturday, July 3, 2010 at Rock Creek Park. County Manager Tanner announced Dawson County was approved for the LWCF Grant through the Department of Natural Resources. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on June 17, 2010. Swafford/Pichon APPROVAL OF THE AGENDA: Motion passed unanimously to approve the agenda with the order change of L3 and L4 on the agenda. Nix/Swafford ---PAGE BREAK--- PUBLIC COMMENT: None ALCOHOL LICENSE HEARINGS: None ZONINGS: None PUBLIC HEARINGS: None OLD BUSINESS: None NEW BUSINESS: Permit for Assembly: Pedal for a Cause: GA Cancer Foundation Motion passed unanimously to approve the Permit for Assembly: Pedal for a Cause. Nix/Pichon ACCG Proof of Loss Motion passed unanimously to approve the ACCG Proof of Loss as submitted. Pichon/Nix FY 2009 Audit Motion passed unanimously to approve the FY 2009 Audit. Swafford/Pichon RESOLUTION: FY 2009 Budget to Actual Motion passed unanimously to approve the FY 2009 Budget to Actual. Nix/Swafford ---PAGE BREAK--- Approval to hold public hearings regarding the 2010 Zoning Map Motion passed unanimously to hold public hearings regarding the 2010 Zoning Map as submitted. Swafford/Nix ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Regular Meeting Minutes- July 15, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – JULY 15, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. OPENING PRESENATION: Junior Fire Academy - Cathy Brooks, Government and Community Affairs and Robbie Hughey, DCES Assistant Chief Introduction of Dawson County Humane Society Board INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: Chairman Berg announced the next meeting of the Board of Commissioners will be held on August 5, 2010 at 6:00 pm. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on July 1, 2010. Swafford/Pichon APPROVAL OF THE AGENDA: ---PAGE BREAK--- Motion passed unanimously to approve the agenda with the order change of L3 (Approval to hold a public hearing on July 15, 2010 to Set the 2010 Millage Rate Adoption) to before J (Public Hearings) on the agenda. Nix/Swafford PUBLIC COMMENT: None ALCOHOL LICENSE HEARINGS: None ZONINGS: None L3 - Approval to hold a public hearing on July 15, 2010 to Set the 2010 Millage Rate Adoption Motion passed unanimously to approve holding a public hearing on July 15, 2010 to set the 2010 Millage Rate Adoption. Swafford/Pichon PUBLIC HEARINGS: 2010 Millage Rate Adoption (1st of 1 hearing) Motion passed unanimously to approve the 2010 Millage Rate Adoption of 8.138. Pichon/Swafford Proposed Changes to the Subdivision Regulations and Standards for Dawson County (1st of 2 hearings) Jane Graves, President of the Homeowners Association, 224 Park Cove Road, Dawsonville, Georgia offered multiple suggestions regarding changes that the Board of Commissioners will take under consideration. Jim Kinsey, Dawson/Lumpkin Homebuilders Association, 7170 Jot-Em-Down Road, Gainesville, Georgia, offered several suggestions with regard to definitions and grammar that the Board of Commissioners will take under consideration. Terri Tragesser, 44 Gold Bullion Drive West, Dawsonville, Georgia, expressed concerns on stub-outs, traffic volume and inter-parcel connectors of neighborhoods. ---PAGE BREAK--- OLD BUSINESS: None NEW BUSINESS: Application for Permit/Special Event Business License – B2ND Ministries “Godstock” Motion passed unanimously to approve the Application for Permit/Special Event Business License – B2ND “Godstock” with the stipulation that adjacent property owners will be notified within 60 days of the event. Nix/Pichon Approval of Emergency Management Performance Grant Motion passed unanimously to approve the submission of application of the Georgia Emergency Management Agency Emergency Management Performance Grant. Nix/Swafford Ratification of Interim County Clerk Motion passed unanimously to ratify Kristie Keylon as the Interim County Clerk. Swafford/Pichon ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Kristie Keylon, Interim County Clerk ---PAGE BREAK--- Regular Meeting Minutes- August 5, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – AUGUST 5, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Interim Clerk Keylon and interested citizens of Dawson County; Commissioner Connor, District 3 was absent. OPENING PRESENATION: Muscular Association Boot Drive – Leigh Harris and Althea Alonto Southern Nights – Proceeds go to the Senior Center Elevator Fund; Margie Weaver INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: County Manager Tanner announced the Humane Society audit was due August 1, 2010. More time was needed for completion and therefore will be turned in by August 15, 2010. County Manager Tanner announced the dedication of the new walking trail at Veterans Memorial Park will be held on August 13, 2010 at the pavilion just below the Senior Center beginning at 10:00 a.m. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on July 15, 2010. Swafford/Pichon ---PAGE BREAK--- APPROVAL OF THE AGENDA: Motion passed unanimously to approve the agenda. Nix/Pichon PUBLIC COMMENT: None ALCOHOL LICENSE HEARINGS: None ZONINGS: None PUBLIC HEARINGS: Approval of the 2010 Dawson County Land Use District Map (1st of 1 hearing) Director of Planning and Zoning, David McKee, stated the map was presented to the Planning Commission in July and the Planning Commission recommends approval. Chairman Berg reported this is the only hearing on the Dawson County Land Use District Map and asked if anyone wished to speak and hearing none closed the hearing. Motion passed unanimously to approve. Pichon/Swafford Proposed Changes to the Subdivision Regulations and Standards for Dawson County (2nd of 2 hearings) Jim Kinsey, Dawson/Lumpkin Homebuilders Association, 7170 Jot-Em-Down Road, Gainesville, Georgia, read a letter drafted from a meeting held by the Dawson/Lumpkin Homebuilders Association and the Dawson County Homeowners Association which stated key concerns regarding the modifications to the regulations and respectfully requested the Board of Commissioners move to reject the current proposed changes to the subdivision regulations in favor of reviewing the document with a citizens advisory committee. Jane Graves, President of the Homeowners Association, 224 Park Cove Road, Dawsonville, Georgia offered some collective concerns of the homeowners with regard to the proposed changes that the Board will take under consideration. ---PAGE BREAK--- Chairman Berg asked whether anyone else wished to speak and hearing none closed the hearing. Director McKee reported on the issues with the existing Subdivision Regulations which prompted the process of the current proposed changes. Corey Guthrie, Dawson County Engineer, offered his professional perspective on the proposed changes to the Subdivision Regulations. Chairman Berg asked for clarification from Engineer Guthrie on some of the key concerns with the proposed changes brought about by the public hearings. County Manager Tanner clarified the amount of time the Subdivision Regulations have been available for public review. Motion to postpone the voting on the adoption of the proposed changes to the Subdivision Regulations until August 19, 2010, and that a subcommittee of two Commissioners be appointed to consult with staff in order to recommend changes which will then be submitted in writing by August 16, 2010. Motion passed unanimously to approve. Pichon/Swafford Motion to appoint a subcommittee of Commissioner Pichon and Commissioner Swafford to work with staff on recommended changes to the Subdivision Regulations. Motion passed unanimously to approve. Nix/Pichon OLD BUSINESS: None NEW BUSINESS: None ADJOURNMENT Motion passed unanimously to adjourn. ---PAGE BREAK--- PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Kristie Keylon, Interim County Clerk ---PAGE BREAK--- Regular Meeting Minutes- August 19, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES-AUGUST 19, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HWY 53 EAST, DAWSONVILLE 6:00 PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; Dina Warcop, substitute Clerk and interested citizens of Dawson County. OPENING PRESENATION – 2010 Census Bureau Appreciation Presentation to David Headley and T.G.“Gunny” Moore by Anh The Nguyen INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: Chairman Berg asked County Manager Tanner if he was ready to announce the ribbon cutting ceremony for the new Fire Station. Tanner advised that the final walk through should be Monday. There were two air conditioner units on back order and that when all was complete the ceremony would be announced. APPROVAL OF MINUTES: Motion passed unanimously to accept the minutes as submitted from the Regular Meeting held on August 5, 2010. Pichon/Swafford APPROVAL OF THE AGENDA: No changes to the agenda. Motion passed unanimously to approve. Nix/Pichon ---PAGE BREAK--- PUBLIC COMMENT: Jane Graves, 224 Park Cove Road, Dawsonville, GA, a representative of the Dawson County Homeowner’s Association spoke regarding the numerous updates to the Subdivision Regulations. Her request was that the Commissioners decline to vote on the August 16 document in favor of giving the public the opportunity to view it in all “it’s amended Glory” with charts appended, online for two weeks, stating that would be bring it to the next voting session on September 2, 2010. ALCOHOL LICENSING: None ZONING: None PUBLIC HEARINGS: Budget FY2011-2013 (1st of 3 hearings) Chairman Berg advised that a copy of the budget was online and that the Commissioners had been given a booklet that was a combination of the other two booklets, not new information, just a combination of information. At this point, Chairman Berg opened the hearing by asking if anyone wished to come forward. Hearing none, he closed the hearing. He announced that the remaining hearing dates would be September 2nd and September 16th, 2010. OLD BUSINESS: None NEW BUSINESS: Request for hardship waiver of rezoning fees – Mrs. Mayvis West. Motion passed unanimously to approve the waiver. Pichon/Connor Approval of Muscular Association Boot Drive - Motion passed unanimously to approve. Nix/Swafford Approval of Trauma Equipment Grant - Motion passed unanimously to approve. Swafford/Pichon Approval of Union Opposition Resolution - Motion passed unanimously to approve. Pichon/Swafford Approval of Soccer Organization Lease Agreement - Motion passed unanimously to approve. Pichon/Swafford ---PAGE BREAK--- Proposed changes to the Subdivision Regulations and Standards for Dawson County (tabled from 8/05/10) - Commissioner Swafford and Commissioner Pichon had prepared information regarding the proposed changes that were posted at the meeting and given to staff. After the presentation and explanation by Commissioner Pichon and Commissioner Swafford, Chairman Berg asked the Board if they felt the proposed changes to the August 16, 2010 draft were substantial enough to require a third public hearing. Chairman Berg asked Attorney Homans for the verbiage for a “substantial change”. Attorney Homans explained if an amendment is substantial, then you are required to have a second publication and another hearing. The Board must deem the modifications to be a fundamental change. If the Board believed that the notice that was provided for the hearings included the items that have been changed by a result of the public hearing, then no other advertisement or hearing would be required. A motion was made by Commissioner Connor to delay voting for two weeks to allow the public to review the latest document. Motion died for lack of a second. A motion was made by Commissioner Connor to delay the vote pending a third public hearing. Attorney Homans advised that a public hearing falls under the Zoning Procedure Law and would need to be advertised for 15 days. Motion died for lack of a second. Commissioner Pichon made a motion to adopt the Subdivision Regulations as drafted on August 16, 2010 with the exception of any remaining scrivener’s errors that may be contained in the document and that the document be amended per the following: 1. Page 25, Section 607, paragraph 4, second line, “streets must be brought up to current county specifications, including curb and gutter, adding “where required” 2. Page 28, Section 715, portion in brackets: Delete “Section 609” and add “608” 3. Page 28, Section 719, change to read: “All residential subdivisions and developments where lot sizes are 1.5 acres or greater shall be exempt from the provision of curb and gutter. All other street requirements must be met.” 4. Page 29, Section 721, next to last sentence and last sentence, change to read: “Internal sidewalks at a minimum of 5’ wide, 4” thick and compression strength of 2,800 p.s.i. will be required on one side of the street. Internal sidewalks are not required in subdivisions where lot sizes are 1.5 acres or greater.” 5. Page 33, Strike 20 acres and replace with 50 acres: “If proposed development disturbance exceeds 50 acres at any one time a variance shall be required.” The 50 acres excludes roads and rights-of-way. The second was made by Commissioner Swafford. Motion passed 3-1. (Connor) ADJOURNMENT Motion passed unanimously to adjourn. ---PAGE BREAK--- APPROVE: Mike Berg, Chairman ATTEST: Dina Warcop, Substitute Clerk ---PAGE BREAK--- Regular Meeting Minutes- September 2, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – SEPTEMBER 2, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Interim Clerk Keylon and interested citizens of Dawson County; Commissioner Pichon, District 1 was absent. OPENING PRESENATION: 2010 Citizens Academy presented by Cathy Brooks, Dawson County Government and Community Affairs Director INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: Chairman Berg announced the Ribbon Cutting and Open House of Dawson County Emergency Services Station #2/Sheriff’s Precinct/Tax Commissioner’s Satellite Office on Tuesday, September 7, 2010 from 4- 6pm at 145 Liberty Drive, Dawsonville, Georgia 30534. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on August 19, 2010. Swafford/Nix APPROVAL OF THE AGENDA: Motion passed unanimously to approve the agenda. Nix/Swafford ---PAGE BREAK--- PUBLIC COMMENT: None ALCOHOL LICENSE HEARINGS: None ZONINGS: None PUBLIC HEARINGS: Budget FY2011 (2nd of 3 hearings) Chairman Berg asked whether anyone wished to speak about the proposed Budget FY2011-2013 and hearing none closed the hearing. The final hearing will be on September 16, 2010. OLD BUSINESS: None NEW BUSINESS: Approval of Citizens Corp Grant Motion passed unanimously to approve the request to submit the Citizens Corp Grant. Swafford/Nix Acceptance of Holcomb Road Bridge Bid Motion passed unanimously to accept the bid for the Holcomb Road Bridge project from North Georgia Concrete in the amount of $272,945.65. Nix/Swafford GA 400 Garden Feasibility Study Update Motion passed by majority to table discussion of the GA 400 Garden Feasibility Study until September 16, 2010. Swafford/Nix Commissioner Connor opposed the motion. Board of Commissioners Request to Georgia Department of Transportation to Extend School Zone ---PAGE BREAK--- Motion passed unanimously to approve the request of the Board of Commissioners to the Georgia Department of Transportation to extend the school zone. Nix/Connor Intergovernmental Agreement between Dawson County and the Georgia Secretary of State for Elections Equipment Motion passed unanimously to approve the Intergovernmental Agreement between Dawson County and the Georgia Secretary of State for elections equipment. Swafford/Nix Approval of Mitigation Credits Agreement Motion passed unanimously to approve the Mitigation Credits Agreement. Nix/Swafford ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Kristie Keylon, Interim County Clerk ---PAGE BREAK--- Regular Meeting Minutes- September 16, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – SEPTEMBER 16, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Interim Clerk Keylon and interested citizens of Dawson County. OPENING PRESENATION: School Board Health Clinic – Jeanne Edwards INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: Commissioner Nix announced the READ Board will hold its Are You Smarter Than a 10 Year Old fundraiser on Tuesday, October 12, 2010, at 6:30 pm at the Dawson County Middle School. Chairman Berg announced the Kurt Thomas concert is this Saturday, September 18, 2010, at Lakeview Center, tickets are $20.00 pre-sale and $25.00 at the door. All ticket proceeds benefit the Senior Center Elevator Fund. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on September 2, 2010. Swafford/Nix APPROVAL OF THE AGENDA: ---PAGE BREAK--- Motion passed unanimously to approve the agenda. Nix/Pichon PUBLIC COMMENT: None ALCOHOL LICENSE HEARINGS: None ZONINGS: None PUBLIC HEARINGS: Budget FY2011 (3rd of 3 hearings) Chairman Berg asked whether anyone wished to speak about the proposed Budget FY2011 and hearing none closed the hearing. Motion passed by majority to approve the FY2011 Budget as submitted. Pichon/Nix Commissioner Connor opposed the motion. CIE Update (1st of 1 hearing) Chairman Berg stated this will be the only hearing on the CIE Update prior to transmittal to DCA. He asked whether anyone wished to speak on the topic and hearing none closed the hearing. OLD BUSINESS: None NEW BUSINESS: PROCLAMATION: Clean Water Month Chairman Berg read the Proclamation into the record. ---PAGE BREAK--- Motion passed unanimously to approve the Proclamation for Clean Water Month. Nix/Connor GA 400 Garden Feasibility Study (tabled from 09/02/10) Motion passed unanimously to table the discussion of the GA 400 Garden Feasibility Study indefinitely. Pichon/Connor Approval to hold Public Hearings on Parade/Assembly Ordinance Update Motion passed unanimously to hold public hearings on the Parade/Assembly Ordinance on October 7, 2010 and October 21, 2010. Swafford/Pichon Approval of CIE Update Motion passed unanimously to send the CIE Annual Update transmittal to DCA as presented. Pichon/Swafford ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Kristie Keylon, Interim County Clerk ---PAGE BREAK--- Work Session Minutes- September 23, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS WORK SESSION MINUTES – THURSDAY, SEPTEMBER 23, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 4:00 p.m. L. NEW BUSINESS 1. Request for hardship waiver of rezoning fees – Grace Abernathy This item will be placed on the 10/07/10 Regular Meeting Agenda. 2. Permit for Assembly: Southern Odyssey Relay Run – David McKee This item will be placed on the 10/07/10 Regular Meeting Agenda. 3. Acceptance of Stone Place Road – Kevin Tanner This item will be placed on the 10/07/10 Regular Meeting Agenda. 4. Acceptance of Pavement Striping Bid – Corey Guthrie This item will be placed on the 10/07/10 Regular Meeting Agenda. 5. Approval of Credit Card Ordinance – Kevin Tanner This item will be placed on the 10/07/10 Regular Meeting Agenda. 6. Approval of Lumpkin Campground Historic Resolution – Kevin Tanner This item will be placed on the 10/14/10 Work Session Agenda. 7. Approval of Kare for Kids Fall Festival Use of County Parking – Kevin Tanner This item will be placed on the 10/07/10 Regular Meeting Agenda. ---PAGE BREAK--- 8. Approval of Change Order for the Government Center (Unsuitable Soils) – Kevin Tanner This item will be placed on the 10/07/10 Regular Meeting Agenda. 9. Approval of Amended Service Delivery Strategy with the City of Dawsonville – Kevin Tanner This item will be placed on the 10/07/10 Regular Meeting Agenda. 10. Approval of Request to Apply for Sawnee EMC Roundup Grant for Senior Center Elevator Fund – Kaye Molden This item will be placed on the 10/07/10 Regular Meeting Agenda. 11. County Manager Report This item was for information only. 12. County Attorney Report This item was for information only. APPROVE: Mike Berg, Chairman ATTEST: Kristie Keylon, Interim County Clerk ---PAGE BREAK--- Regular Meeting Minutes- October 2, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – OCTOBER 7, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Interim Clerk Keylon and interested citizens of Dawson County. OPENING PRESENATION: Chestatee Regional Library – Stacey Leonhardt and Tracy Walker INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: Commissioner Nix announced the READ Board will hold its Are You Smarter Than a 10 Year Old fundraiser on Tuesday, October 12, 2010, at 6:30 pm at the Dawson County Middle School. Chairman Berg announced the Interim County Clerk Kristie Keylon will move to the Planning and Development department on Monday, October 11, 2010 and County Clerk Davida Simpson will return on Monday, October 11, 2010. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on September 16, 2010. Nix/Swafford APPROVAL OF THE AGENDA: ---PAGE BREAK--- Motion passed unanimously to approve the agenda. Swafford/Nix PUBLIC COMMENT: None ALCOHOL LICENSE HEARINGS: None ZONINGS: None PUBLIC HEARINGS: Parade/Assembly Ordinance Update (1st of 2 hearings) Chairman Berg asked whether anyone wished to speak about the proposed Parade/Assembly Ordinance Update and hearing none closed the hearing. The next Public Hearing will be held on October 21, 2010. OLD BUSINESS: None NEW BUSINESS: Request for hardship waiver of rezoning fees Motion made to approve the request for hardship waiver of fees. After discussion the motion was amended to have Mrs. Abernathy pay the advertising costs for the rezoning in the amount of $40.00 and to waive payment of the remaining costs in the amount of $110.00. Amended motion passed by majority to waive $110.00 and require payment of $40.00. Swafford/Pichon Permit for Assembly: Southern Odyssey Relay Run Motion passed unanimously to approve the Permit for Assembly for the Southern Odyssey Relay Run. Connor/Pichon ---PAGE BREAK--- Acceptance of Stone Place Road Motion passed unanimously to accept Rock Stone Drive a/k/a Stone Place Road into the County road system. Pichon/Nix Acceptance of Pavement Striping Bid Motion passed unanimously to accept the Paving Striping Bid. Swafford/Pichon Approval of Credit Card Resolution Motion passed unanimously to approve the Credit Card Resolution. Swafford/Nix Approval of Kare for Kids Fall Festival Use of County Parking Motion passed unanimously to approve the use of County Parking for the Kare for Kids Fall Festival. Nix/Pichon Approval of Change Order for the Government Center (Unsuitable Soils) Motion passed unanimously to approve the Change Order for the Government Center. Pichon/Swafford Approval of Amended Service Delivery Strategy with the City of Dawsonville Motion passed unanimously to approve the Amended Service Delivery Strategy with the City of Dawsonville. Pichon/Swafford Approval of Request to Apply for Sawnee EMC Roundup Grant for Senior Center Elevator Fund Motion passed unanimously to approve the request to apply for the Sawnee EMC Roundup Grant for the Senior Center Elevator Fund. Connor/Pichon EXECUTIVE SESSION Motion passed unanimously to enter into Executive Session to discuss one legal item. Connor/Pichon/Swafford/Nix ---PAGE BREAK--- Motion passed unanimously to come out of executive session. Nix/Swafford/Pichon/Connor ADJOURNMENT Motion passed unanimously to adjourn. PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Kristie Keylon, Interim County Clerk ---PAGE BREAK--- Regular Meeting Minutes- October 21, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – OCTOBER 21, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Vice Chairman Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. Chairman Berg was absent. OPENING PRESENATION: Ninth District Opportunity – Alice Williamson INVOCATION: Vice Chairman Pichon PLEDGE OF ALLEGIANCE: Vice Chairman Pichon ANNOUNCEMENTS: None APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on October 7, 2010 Nix/Swafford APPROVAL OF THE AGENDA: Motion passed unanimously to approve the agenda with the addition of L8) Indication of Support for Round-a-Bout at SR 183 and SR 53 with GDOT. Swafford/Nix PUBLIC COMMENT: ---PAGE BREAK--- None ALCOHOL LICENSE HEARINGS: None ZONINGS: None PUBLIC HEARINGS: Proposed Parade/Assembly Ordinance Update (2nd of 2 hearings) Vice Chairman Pichon reported this is the final hearing on the Parade/Assembly Ordinance Update and asked if anyone wished to speak and hearing none closed the hearing. Motion passed unanimously to approve the Parade/Assembly Ordinance Update as submitted. Swafford/Nix OLD BUSINESS: None NEW BUSINESS: Approval of the 2011 Payroll/Holiday Calendar Motion passed unanimously to approve the calendar as submitted. Nix/Swafford Approval to declare pool furniture as surplus Motion passed unanimously to declare listed pool furniture as surplus. Swafford/Nix Approval to hold public hearings regarding the abandonment of Densmore Road West Motion passed unanimously hold public hearings regarding the abandonment of Densmore Road West. Swafford/Nix ---PAGE BREAK--- Approval of the fundraiser for Dawson County EMS K9 Unit Motion passed unanimously to allow Dawson County EMS K9 Unit to hold a fundraiser at the Moonshine Festival this year. Connor/Swafford Ratification to Renew Sheriff’s Office (Violence Against Women Act) VAWA Grant Application Motion passed unanimously to ratify the VAWA Grant Application as submitted. Swafford/Nix Approval of Sheriff’s Office Records System Motion passed unanimously to table this item until Sheriff Carlisle can offer more information at the Voting Session on November 4, 2010. Swafford/Nix Approval of the Lumpkin Campground Historic Resolution (tabled 09/23/10) The Historic District Ordinance will be added to the Work Session agenda on October 28, 2010. Indication of Support for Round-a-Bout at SR 183 and SR 53 with GDOT Motion passed unanimously to approve the Indication of Support for Round-a-bout at the intersection of SR 183 and SR 53 as submitted by GDOT. Swafford/Connor ADJOURNMENT Motion passed unanimously to adjourn. Swafford/Connor PUBLIC COMMENT: None APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Work Session Minutes- October 28, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS WORK SESSION MINUTES – THURSDAY, OCTOBER 28, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 4:00 p.m. L. NEW BUSINESS 1. Proclamation: Retired Educators Day – County Manager Tanner This item will be placed on the 11/04/10 Regular Meeting Agenda. 2. Proclamation: National Family Month – Bishop Weischedel This item will be placed on the 11/04/10 Regular Meeting Agenda. 3. Proposed 2011 BOC meeting dates – County Clerk Simpson This item will be placed on the 11/04/10 Regular Meeting Agenda. 4. Dawson County Emergency Services Fire Engine/Equipment Bid – EMA Director Thurmond This item will be placed on the 11/04/10 Regular Meeting Agenda. 5. Presentation of the Propose Dawson County Emergency Services Disaster Ordinances – EMA Director Thurmond This item will be placed on the 11/04/10 Regular Meeting Agenda. 6. Mixed Used Village Zoning Districts – Planning Director McKee This item will be placed on the 11/04/10 Regular Meeting Agenda. 7. Authorization to open a savings account a Flagstar Bank – County Manager Tanner ---PAGE BREAK--- This item will be placed on the 11/04/10 Regular Meeting Agenda. 8. Discussion of the Historical Districts Ordinance – County Manager Tanner This item will be placed on the 11/04/10 Regular Meeting Agenda. 9. Midyear Budget review – County Manager Tanner This item will be placed on the 11/10/10 Work Session Agenda. 10. County Manager Report This item was for information only. 11. County Attorney Report This item was for information only. APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Regular Meeting Minutes- November 4, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – NOVEMBER 4, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Vice Chairman Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. Chairman Berg was absent. OPENING PRESENATION: Veteran’s Affairs of Dawson County – Mrs. Inez Couch INVOCATION: Vice Chairman Pichon PLEDGE OF ALLEGIANCE: Vice Chairman Pichon ANNOUNCEMENTS: Vice Chairman Pichon made the following announcements: • The District 4 Clean Up scheduled for Saturday, November 6, 2010 hosted by Keep Dawson County Beautiful. • Daylights Savings Time will end this Sunday. Remember to set you clocks back one hour and change the batteries in all your smoke detectors. Deputy Chief Satterfield reported on Saturday, November 6, 2010 at 10pm, the Dawson County EMS will be sponsoring a Home Fire Escape Drill. He asked everyone take the time to participate and talk any children living in the home about escape routes. County Manager Tanner reported the EMA Director Billy Thurmond will be receiving an award from Governor Perdue tomorrow for his contributions to the profession. ---PAGE BREAK--- APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on October 21, 2010 Nix/Swafford APPROVAL OF THE AGENDA: Motion passed unanimously to approve the agenda as proffered. Swafford/Nix PUBLIC COMMENT: None ALCOHOL LICENSE HEARINGS: None ZONINGS: None PUBLIC HEARINGS: None OLD BUSINESS: None NEW BUSINESS: PROCLAMATION: Retired Educators Day Vice Chairman read the proclamation into the official minutes. Motion passed unanimously to approve PROCLAMATION: Retired Educators Day. Swafford/Connor PROCLAMATION: National Family Month by Bishop Weischedel ---PAGE BREAK--- Vice Chairman read the proclamation into the official minutes. Motion passed unanimously to approve PROCLAMATION: National Family Month as submitted. Swafford/Nix Proposed 2011 BOC meeting dates Motion passed unanimously to approve the 2011 BOC meeting schedule as proffered. Nix/Swafford Dawson County Emergency Services Fire Engine/Equipment Bid Motion passed by majority to award the bid to Ten-8 for Option #1 to include the equipment as described in the bid for the Dawson County Emergency Services Fire Engine/Equipment Bid #13710IFB. Swafford/Nix Commissioner Connor opposed the motion. Approval to hold public hearings regarding the Proposed Dawson County Emergency Services Disaster Ordinances Motion passed unanimously to move this item to public hearings. Nix/Swafford Approval to hold public hearings regarding Mixed Use Village Zoning Districts Motion passed unanimously to move this item to public hearings. Swafford/Nix Authorization to open a savings account at Flagstar Bank Motion passed unanimously to approve opening a savings account at Flagstar Bank. Swafford/Nix Discussion of the Historical District Ordinance Motion passed unanimously to move this item to public hearings with the following changes: Page 3, Section III B) a-l to be numbered 1-12.; Page 4, Section IV, item 3) correct numbering and change 50 years to 100 years; Page 8, Section V, c) change 50 years to 100 years. Swafford/Nix Discussion of the Records Management System proposed by Sheriff’s Department (tabled 10/21/10) ---PAGE BREAK--- Motion passed unanimously to approve the Records Management System with Interact proposed by the Dawson County Sheriff’s Department at a cost of $271,765 with the addition of $1600.00 for Magistrate Court access to this system for a total cost of $273,365.00 out of the FY2011 budget. Nix/Swafford ADJOURNMENT Motion passed unanimously to adjourn. Swafford/Nix PUBLIC COMMENT: None APPROVE: Gary Pichon, Vice Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Work Session Minutes- November 10, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS WORK SESSION MINUTES – WEDNESDAY, NOVEMBER 10, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 4:00 p.m. L. NEW BUSINESS 1. Approval to purchase computer system for Tax Commissioner’s Office – Tax Commissioner Linda Townley This item was removed from the agenda at the request of the Tax Commissioner. 2. GA Recreational Trail Program grant application – Park Director Lisa Henson This item will be placed on the 11/18/10 Regular Meeting Agenda. 3. Application for Consumption of Beer and Wine License for Vienna Chen, Inc d/b/a House of Lin – County Attorney Homans This item will be placed on the 11/18/10 Regular Meeting Agenda. 4. Midyear budget presentation – County Manager Tanner This item was for informational purposes only. More information can be found on www.dawsoncounty.org or by contacting Christina Palacios at [EMAIL REDACTED]. 5. Legacy Link Grant Addendum #1 Contract for the Nutrition Program FY2011 – Grants Administrator Kay Molden This item will be placed on the 11/18/10 Regular Meeting Agenda. 6. County Manager Report This item was for information only. ---PAGE BREAK--- 7. County Attorney Report This item was for information only. APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Regular Meeting Minutes- November 18, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – NOVEMBER 18, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg; Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. OPENING PRESENATION: Mary Lamond – Habitat for Humanity INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: None APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on November 4, 2010 with the addition of the vendor name for the EMS trucks. Swafford/Pichon APPROVAL OF THE AGENDA: Motion passed unanimously to approve the agenda with the addition of L8) Proclamation: Farm-City Week. Pichon/Swafford PUBLIC COMMENT: None ---PAGE BREAK--- ALCOHOL LICENSE HEARINGS: Consumption of Premises – Beer & Wine License – Vienna Chen, Inc. (Qiu Qun Lin) – d/b/a House of Lin. County Attorney reported the applicant meets all requirements of the ordinance to obtain the license. He asked the County direct the applicant specify a local representative that would be in charge of the license. Motion passed unanimously to approve the request by Vienna Chen, Inc. d/b/a House of Lin as submitted with the stipulation a local representative be appointed to be in charge of the license. Pichon/Connor Chairman Berg announced that if anyone had contributed more than $250 to the campaign for public office and wished to speak they will have to fill out a form which will be made available to them. Under normal program, ten minutes will be given to those who wish to speak in favor of or opposition to with some redirect, time permitting. Chairman Berg explained the policy and procedure for public comment on zoning issues as per the Rules of Procedure for the Dawson County Board of Commissioners. ZONINGS: ZA 10-03 – Ann Sheffield Wilson has submitted a request to rezone 2.236 acres of TMP 115- 059, 060, 062, and 082 from C-CB (Commercial Community Business) to C-HB (Commercial Highway Business). The property is located at the intersection of Hwy 53 E and War Hill Park Road. The Planning Commission recommended approval with the stipulation that the applicant complete paving, striping, and signage per the site plan provided prior to business relocation. Chairman Berg asked whether anyone wished to speak in favor of the application and hearing none asked whether anyone wished to speak in opposition of the application and heard the following: Planning Commissioner Mike Wenson, 64 Taylor Creek Court, Dawsonville, GA stated he felt the land owner needed to clean up the property and disperse any loitering. ---PAGE BREAK--- Mr. Ed Jester, 75 Mary Sapphire Road, Dawsonville, GA expressed concern regarding the parking lot not being paved. He also reported the current egress issue presents safety concerns. Mr. Bill Kohler, 113 Julian Creek Road, Dawsonville, GA stated there are issues with day laborers and the parking lot. He asked the County take measures to address these matters. Chairman Berg asked if anyone else wished so speak and hearing none closed the hearing. Motion passed by majority to approve the application with the stipulation that the applicant complete paving, striping, and signage per the site plan provided prior to business relocation. Commissioners Pichon and Swafford voted in favor of the motion. Commissioners Connor and Nix opposed the motion. Chairman Berg voted in favor breaking the tie. ZA 10-06 – Alan and Mary West has submitted a request to rezone 8.899 acres of TMP 095 045 from RSR (Residential Sub-Rural) to (Residential Sub-Rural Manufactured/Moved). The property is located at 92 Norma Road. Chairman Berg asked if anyone wished to speak in favor or opposition of this zoning and hearing none closed the hearing. Motion passed unanimously to approve the zoning as requested without stipulation. Connor/Pichon PUBLIC HEARINGS: Intention to Abandon a Portion of Densmore Road West (1st of 1 hearing) Chairman Berg reported asked if anyone wished to speak on the intention to abandon a portion of Densmore Road West and hearing none closed the hearing. Motion passed unanimously to approve the Intention to Abandon a Portion of Densmore Road West as submitted. Nix/Pichon OLD BUSINESS: None ---PAGE BREAK--- NEW BUSINESS: GA Recreational Trail Program grant application Motion passed unanimously to approve the grant application as submitted. Swafford/Nix Legacy Link Grant Addendum #1 Contract for the Nutrition Program FY2011 Motion passed unanimously to approve the grant addendum as submitted. Swafford/Connor Proclamation: Farm City Week Motion passed unanimously to proclaim November 19-25 Farm City Week as submitted by Farm Bureau. Nix/Swafford ADJOURNMENT: Motion passed unanimously to adjourn. PUBLIC COMMENT: Ed Jester – Discussion of County Department Weldon Sheriff – Commissioner Connor APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Regular Meeting Minutes- December 2, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES – DECEMBER 2, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 6:00PM ROLL CALL: Those present were Chairman Berg, Commissioner Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. OPENING PRESENATION: Chamber of Commerce – Linda Williams, President INVOCATION: Chairman Berg PLEDGE OF ALLEGIANCE: Chairman Berg ANNOUNCEMENTS: The City Hall Christmas Tree lighting will be at 6:30pm. Commissioner Connor reported his last Commission meeting will be Thursday, December 16, 2010. APPROVAL OF MINUTES: Motion passed unanimously to approve the minutes of Regular Commission Meeting held on November 18, 2010 Swafford/Pichon APPROVAL OF THE AGENDA: Motion passed unanimously to approve the agenda as submitted. Nix/Pichon PUBLIC COMMENT: ---PAGE BREAK--- None ALCOHOL LICENSE HEARINGS: None ZONINGS: None PUBLIC HEARINGS: None OLD BUSINESS: None NEW BUSINESS: Approval of fiscal agent agreement with Family Connection Motion passed unanimously to approve the fiscal agent agreement with Family Connection as submitted. Nix/Connor Approval of fiscal agent agreement with Mentoring Program Motion passed unanimously to approve the fiscal agent agreement with the Mentoring Program. Pichon/Swafford Intergovernmental Agreement with Hall County BOC and Fire Services Motion passed unanimously to approve the IGA with Hall County regarding the training website. Pichon/Swafford Approval of the application for the Transportation Enhancement (TE) Funding Motion passed unanimously to apply for the Transportation Enhancement (TE) Funding. Swafford/Pichon ---PAGE BREAK--- Quit Claim Deed for old Fire Station #2 Motion passed unanimously to approve the Quit Claim Deed as submitted back to the Townley family. Pichon/Nix Approval to hold hearings for the proposed outdoor watering ordinance Motion passed unanimously to hold a public hearing for the purpose of outdoor watering ordinance on December 9, 2010. Pichon/Swafford PUBLIC COMMENT: Mr. Hugh Stowers – Commissioner Connor EXECUTIVE SESSION: Motion passed unanimously to enter into Executive Session for the purposes of discussing one legal issue. Nix/Swafford/Pichon/Connor Motion passed unanimously to come out of Executive Session. Swafford/Nix/Pichon/Connor Motion passed unanimously to send a letter to ACCG recommending settlement regarding the Chapman Claim. Pichon/Swafford ADJOURNMENT: Motion passed unanimously to adjourn. APPROVE: Mike Berg, Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Special Called Meeting Minutes- December 9, 2010 DAWSON COUNTY BOARD OF COMMISSIONERS SPECIAL CALLED MEETING MINUTES – DECEMBER 9, 2010 G.L. PETE GILLELAND CHAMBERS AT CITY HALL 415 HIGHWAY 53 EAST, DAWSONVILLE 4:00PM ROLL CALL: Those present were Vice Chairman Pichon, District 1; Commissioner Swafford, District 2; Commissioner Connor, District 3; Commissioner Nix, District 4; County Attorney Homans; County Manager Tanner; County Clerk Simpson and interested citizens of Dawson County. Chairman Berg was absent. ALCOHOL LICENSE HEARINGS: Consumption on Premises – Distilled Spirits License Blue Bicycle, Inc – d/b/a The Blue Bicycle County Attorney Homans reported the applicant meets all requirements. Motion passed unanimously to approve the Distilled Spirits License for Blue Bicycle, Inc as submitted. Connor/Nix PUBLIC HEARINGS: Proposed Outdoor Watering Ordinance (1st of 1 hearings) Vice Chairman Pichon asked if anyone wished to speak to the Proposed Outdoor Watering Ordinance and hearing none closed the hearing. Motion passed unanimously to approve the Proposed Outdoor Watering Ordinance as submitted. Swafford/Nix ANNOUNCEMENTS: Vice Chairman Pichon announced there will be no more commission meetings in 2010 in order to give staff a well deserved break since there is no new business at this time. The next scheduled meeting with be on January 6, 2011. ---PAGE BREAK--- APPROVE: Gary Pichon, Vice Chairman ATTEST: Davida Simpson, County Clerk ---PAGE BREAK--- Special Called Meeting Minutes - December 9, 2010 Nullam suscipit, lorem sed sollicitudin tempus, libero diam dapibus dolor, semper semper elit arcu sed justo. Sed molestie, ligula id lobortis cursus, lorem lacus fermentum odio, eu lacinia nunc nisi eget orci. Quisque ornare purus eget elit sodales interdum at id nisi. 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