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PAGE 2A — THE MADISON COUNTY (GA) JOURNAL. THURSDAY. OCTOBER 8. 2009 BOC cont’d from 1A Man cleared on all Williamson. “We’re being told too much what we can do by govern ment,” said Pethel. .. I'm not in favor of this at all.” Thomas said he spoke with no one who favored the amend ment. He said he favored addressing noise problems that are a consistent nuisance. But he didn’t want to interfere with people’s parties, fund-raisers and other outdoor activities. “Are we going to be the solu tion to a problem or the cause of a problem?” asked Thomas. Youngblood said he was approached by a disc jockey and a band that performs at weddings who were concerned about the proposed amend ment. “That’s their way of living,” said Youngblood, who said he supported the county’s current restrictions on night-time nois es, but couldn’t vote in favor of Bond’s amendment. Bond opened the discussion Monday, saying he hadn’t got ten any feedback on the pro posal. “I’ve had nobody to call me one way or another on the situation,” said Bond, who then made a motion to accept the changes. BOC chairman Anthony Dove relayed statements from Lavonda Fyock, who was unable to the attend the meet ing. Fyock noted that there were no noise exceptions in the ordinance for churches. She also said he didn’t feel it was right to impede on her rights during the day. County attorney Mike Pruett said he added a proposed clause to the ordinance in hopes of making an allowance for spe cial events, without instituting a special code section for such events in the ordinance. Under Pruett’s proposed revi sion, a noise ordinance violator would be issued a warning for a first offense. A person would only be cited if he violated the noise ordinance at least 24 hours after his initial warning. That way, people celebrating birthdays or holding fund-rais ers could hold the event with out facing a citation. “So I can’t celebrate my birthday for 36 hours?” joked commissioner Bruce Scogin. While Scogin voted against the proposed amendment, he asked his fellow members to allow him to work toward a middle ground on the issue. Scogin said he feels people who want to have peace and quiet have rights, too. And he asked fellow BOC members to allow him to work with the county attorney to develop something “acceptable to peo ple on both sides of the fence.” “It’s a give and take,” said Scogin. “It’s a two-way street.” Scogin said he will come back later with something to present to the board. OTHER BUSINESS In other matters, the board approved amendments to the zoning ordinance that will pro hibit holding tanks in buffer areas for streams and rivers. In a separate zoning matter, BOC chairman Anthony Dove noted that some developers have gone into bankruptcy due to tough economic times and that subdivision road mainte nance has suffered. He pointed out one subdivision where manhole covers are missing, adding that the bonds for all subdivisions in the county have expired. The BOC approved amendments to the subdivision regulations Monday that will give the county more oversight of roads in subdivisions. The commissioners approved an agreement with the Danielsville Volunteer Fire Department which will allow the department to lease a new pump truck, which will be delivered in about six months. Danielsville VFD chief Marc Perry said the new truck will help the department meet emissions standards that go in to effect in 2010. The board learned that county nurse Pam Smith is leaving her position at the county health department to become the district women’s health prac titioner in Athens. The group agreed to ask her to an upcom ing meeting to recognize her service to the county. The group approved Dove as the BOC’s regional water council advisor. The board agreed to make Beth Harmon a 75-percent employee in the code enforcement/animal control office. The BOC also moved nearly $15,000 from that office into contingencies. The commissioners agreed to seek price quotes for the instal lation of a 106-inch pipe at Moon Guess Bridge. The commissioners approved a new records management contract for the sheriff’s department for approximately $13,000. Sheriff Kip Thomas said the old software is about 10 years old and out of date. He said the new software will improve record keeping at the department. The commissioners agreed to adopt Spratlin Pond Road, Forrest Court and Overlook Drive as county roads. The board approved Wayne Douglas for another four-year term on the planning commis sion. The board heard from commissioner Youngblood, who said that “we’re farther along than we’ve been in a long time” in getting turn lanes for Fortson Store Road and Glenn Carrie Road. The board also approved a request for a D. Williams Road resident who wanted to rezone eight acres of his property to split the land for his children. Hwy. 29 .. • cont’d from 1A teria. That includes commu nity input, federal environ mental law and engineering standards. That’s not an easy practice, she said, given that there’s 53 different environmental laws a route must meet. The fact that four bypass options are on the table only adds to that involved process. “So it is quite a process to get them to one route,” Pope said. “So we’re still in devel opment stages.” There’s also no money for the project yet and won’t be for some time, meaning there’s no timeline for the project. “We are still years away from any kind of decision as we are years away from any kind of funding,” Pope said. When or if that happens, county residents appear to favor a bypass that goes east of downtown Danielsville if a recent online poll conduct ed by the Madison County Journal is any indication. As of Tuesday, readers had voted overwhelmingly — nearly nine to one (189 votes to 26) — for an east option. As for the opinions expressed to the DOT, Pope didn’t have access to those open house comments at her Gainesville office — the comments were sent to Atlanta — but said response is usually spirited for these kinds of projects. “I can pretty much tell you there are going to be some who hate it and some who love it for every alignment,” Pope said. But the DOT will use all relevant input as a guide. “It’s whittling them down and finding the information that is pertinent and relevant to the project, other than ‘no, because this is my property,”’ Pope said. Rotary... cont’d from 1A on wheels” program recog nized the need for hand icapped-accessible ramps at the homes of disabled county residents. The Rotary of Madison County has proved a role model for other civic-mind ed adults in north Georgia, with other Rotary clubs adopting ramp-building pro grams, too. Dove noted that the Rotary Club is extremely efficient at building ramps after years of practice. He recalled the first time he watched a ramp built by Rotary. “I was impressed with how efficient and how quickly they build them,” said Dove. According to the Rotary proclamation read Monday, the 400 ramps represent roughly two miles of ramps at an estimated value of $600,000, all provided to disabled citizens at no cost to them. The club has enlisted financial support from the Francis Wood Foundation, Trus Joist Weyerhaeuser, Jackson EMC, Madison County Hardware and oth ers. The club established a foundation with a $100,000 beginning balance for hand icapped programs in the county, as a permanent fund similar to the international Rotary Fund, which will allow the club to continue its mission to the disabled in the community for many years to come. Several Rotary Club mem bers were on hand Monday to receive the BOC’s procla mation honoring the club. charges in vehicular homicide trial A man charged with killing his wife in a vehicular homicide case in 2006 was found innocent on all charges last week. Christian Oliverio was acquitted last Thursday when the jury reached a not guilty verdict after deliberating for nearly an hour and 45 minutes. Oliverio was charged for the Oct. 31, 2006 death of his wife, Summer Shenk Oliverio, 22, Hull. The accident occurred at the intersection of Hwy. 29 and Clark Circle, Oliverio was also charged with driving under the influence and failure to yield. Defense attorneys can appeal venue ruling in local murder trial By Ben Munro ben@mainstreetnews.com Defense attorneys can appeal a change of venue denial in a local murder trial to the Georgia Supreme Court. Jason Moon, Comer, is charged with the January 2007 shoot ing death of Edouardo Monrico Barnett. His attorney, Jim Smith, has sought to move the trial from Madison County. A judge ruled that the murder trial will remain in the county, but Moon’s defense has gained a certificate to file an appeal with the state supreme court, according to Northern Judicial Circuit District Attorney Bob Lavender. “They haven’t filed it yet, but they don’t have to have filed it by now,” Lavender said. “But that’s where it is right now.” Lavender said the defense must file the appeal soon, how ever, or risk losing the right to appeal. Barnett’s body was found along Bellew Drake Road Jan. 5, 2007. Investigators allege that Moon lured Barnett to the area with the promise of drugs, then shot and killed him. Moon, who was arrested shortly after Barnett’s body was found, initially confessed to killing Barnett, but later backed away from that statement. Moon’s trial was to start in April 2008 in Madison County, but has since gone through change of venue requests and appeals. Lavender said he’s ready to have the case — which has been tied up in the courts for two years — go to trial. “I just want to try the thing,” Lavendar said. “And let a jury make a decision.” Vaccine... cont’d from 1A tion fee, officials said. “You cannot get the flu by taking this vaccine,” officials emphasized. “The nasal spray sometimes produces mild side effects. The most common side effects are runny nose, wheezing, nasal congestion and fever. These are rare and less severe than any problems created by actually having the flu.” The nasal spray vaccine should not be given to the fol lowing: children who are receiving treatments containing aspirin; children with a sensitivity to eggs, egg proteins, gentamicin, gelatin or arginine; children younger than two years old; children with asthma or less than four years old with recurrent wheezing; children with health problems that predispose them to complications from flu; children who have a muscle, nerve, or seizure disorder that could lead to breathing and swallowing problems; and/or children that have a weakened immune system. “The 2009 H1N1 vaccine will not protect you from the seasonal flu,” officials stated. “People should get both kinds of flu vaccine to protect themselves from getting sick this season.” Vaccine availability may vary by area. Call the Madison County Health Department at 706-795-2131 for specific information about when the vaccine will be given. 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