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Videos: Commission voted against the people @ LCC 2013-02-26

Apparently one person with a lawyer can persuade the Lowndes County Commission that hundreds of people are just an unruly mass, not the public it’s supposed to represent. For whatever reason, not clear to the public, the Commission voted 3 to 1 with 1 absent to close the end of Old State Road to Hotchkiss Crossing, thus barring the only public access to the Alapaha River in Lowndes County. We shall see whether they will follow through with their hint that they might make a park on the Alapaha River at another location. Congratulations to Commissioner Demarcus Marshall for speaking up for due process and for voting for the public!

Public Works Director Robin English spoke about road conditions and Emergency Services Director Ashley Tye spoke about Local weather conditions,

Update noon 27 Feb 2013: Link to weather conditions, and to Citizens Wishing to Be Heard.

The Commission reappointed J. Glenn Gregory to the South Regional Joint Development Authority and appointed Commissioner Joyce Evans to the Southern Georgia Area Agency on Aging Advisory Council. They are applying for a grant for the county’s MIDS bus system and reapplying for a CDBG grant for Second Harvest.

Here’s the agenda, with links to the videos and some notes, followed by a video playlist. See also the videos of Monday morning’s Work Session.

LOWNDES COUNTY BOARD OF COMMISSIONERS
PROPOSED AGENDA
WORK SESSION, MONDAY, FEBRUARY 25, 2013, 8:30 a.m.
REGULAR SESSION, TUESDAY, FEBRUARY 26, 2013, 5:30 p.m.
327 N. Ashley Street – 2nd Floor
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Please deny the closure of County Road 16 leading to the Alapaha River —three neighbors

Received today; they sent it to all the Commissioners. -jsq

To the Lowndes County Commission:

It has been quite an experience dealing with the proposed closing of a portion of County Road 16. Our quaint spot on the river in Naylor, Lowndes County is something that can easily be taken for granted, but it is something that should be treasured and appreciated by the entire county. While we have learned a rich history about Naylor and the County Road proposed to be closed, we will not encumber you with these details. We will let you know in this letter the laws and reasons why the proposal should be denied.

First off, the landowner did not legally own the land when he made his request for the closing of the road. The legal date this property was deeded to Phillip Connell is February 8, 2013. The day his request was made is unknown because the letter sent had the date whited out and is an exact copy of the September 10, 2010 letter he submitted. It is known that the proposal for a public hearing was made in the Commission meeting January 22, 2013. The county should not be hearing this proposal for being misled by Phillip Connell. Why instead is the County claiming that a legal transaction for this land occurred 2 or 3 years ago and now has extended it to 3 or 4 years ago? Where is the proof for this claim?

Second, the landowner’s claim about liability, trash and trespassing is

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Reconsider closing this road —James Manes

Received today; he sent it to all the Commissioners. -jsq

James Manes 107 Shiloh Rd. Ray City, GA 31605

Regarding Regular session held Jan 22, 2013; Agenda 7 B, a request for road abandonment, I would like to state my opinion.

The road abandonment was to close a section of County Road 16 Old State Road. I feel this issue is not a open and shut case.

The county has determined “the road has been ceased to be used by the public”, and has no “substantial public purpose”.

I am aware the law (32-7-2 a) states “The department must confer with the governing authority of the county’s or municipalities (Unincorporated Naylor GA.), and give due consideration to their wishes in such abandonment.”

I have not been able to find any public records of

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Video: two appointments, a public hearing, and two grants @ LCC 2013-02-25

Newsflash! “no new information” and “questions were resolved” about the proposed abandonment of Old State Road at Hotchkiss Landing on the Alapaha River, according to the Commission. They vote tonight at 5:30 PM.

Dr. Bill Grow talked for fifteen minutes about South Health District, and managed not to ask the county for money, although the Health Dept. clearly could use some. Ashley Tye reported on local weather conditions and the county’s Code Red emergency warning system, in which lack of Internet access by some county residents came up.

It’s J. Glenn Gregory again for the South Regional Joint Development Authority and Commissioner Joyce Evans for the Southern Georgia Area Agency on Aging Advisory Council. They are applying for a grant for the county’s MIDS bus system and reapplying for a CDBG grant for Second Harvest.

Here’s the agenda, with links to the videos and some notes, followed by a video playlist.

LOWNDES COUNTY BOARD OF COMMISSIONERS
PROPOSED AGENDA
WORK SESSION, MONDAY, FEBRUARY 25, 2013, 8:30 a.m.
REGULAR SESSION, TUESDAY, FEBRUARY 26, 2013, 5:30 p.m.
327 N. Ashley Street – 2nd Floor
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Proposed abandonment of a portion of County Road 16/Old State Rd. —Brett Huntley @ LCC 2013-02-25

Received today; he sent it to all the Commissioners. -jsq

To the commission on the proposed idea of road abandonment on County Rd. #16:

On the morning of 2/25/13 after the county commission’s morning work session, my wife and I spoke with Joyce Evans and Bill Slaughter on some of our concerns and new found technical information about road abandonment, Georgia state waterways, and what the county and state are expected to protect.

During our conversation we were told that for unexplained legal reasons the county would have to give the road back to the land owner. At this time my thoughts and questions come back to: Why if for legal reasons do we have to give the land back or away, and why are we even having to have a public hearing on this matter, if the public has no say?

Also during this conversation Bill mentioned

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Agenda: 2 Lowndes County rezonings; 1 Valdosta @ GLPC 2013-02-25

Agenda To get an agenda for tonight’s Planning Commission meeting, apparently you have to go to the meeting; here it is. It’s sloppier than usual: Case REZ-2013-04 has neither a number of acres nor a specific location. Why is the Planning Commission not revealing this information?

Douglas O. Thompson owns two properties on Bemiss Road, but one of them is in Valdosta taxing district, so presumably it’s the other one, of 1.28 acres at 3432 Bemiss Road. Why is this a secret?

Perhaps for the same reason that the county doesn’t just publish PDF of this agenda on the web for all to see?

Here’s a summary of the cases.

Lowndes County,
Final action
Tuesday 12 March 2013 		2. REZ-2013-03 Valler
Knights Academy Road, Valdosta
Request to rezone 10 acres from R-21 (Medium Density Residential) to R-A (Residential Agriculture)
3. REZ-2013-04 Thompson
Bemiss Road, Valdosta
Request to rezone [?] acres from C-H/c (Highway Commercial conditional) to C-H (Highway Commercial)
Valdosta,
Final Action
Thursday, 7 March 2013 		4. VA-2013-01 Turner Brooks LLC
411 West Mary Street, Valdosta
Request to rezone 0.50 acres from R-6 (Single Family Residential) to R-M (Multi-Family Residential)

-jsq

Water trails for economic benefit —Bret Wagenhorst

This letter demonstrates many public uses of the Alapaha River at Hotchkiss Crossing by everyone from Boy Scouts to doctors, and indicates economic benefits of water trails. -jsq

February 4, 2013
Lowndes County Board of Commissioners
327 North Ashley Street – 3rd Floor
Valdosta, GA 31601
RE: Hotchkiss landing closure

Dear Commissioners:

I have lived in the South Georgia region for the past 16 years. I am also a practicing physician and have a love of the out of doors, especially canoeing, camping and hiking. I also serve on the board of WWALS Watershed Coalition, a local river advocacy group trying to promote awareness and preservation of our local rivers. It has recently come to my attention that you are considering the potential closure of the Hotchkiss landing site along the Alapaha River near Naylor. I would like to put in a word in favor of keeping the landing site open.

I have canoed dozens of different sections of the Alapaha River from north of Tifton all the way to Statenville, as well as portions that join with the Suwanee River in Florida. Without a doubt, one of the most fun and scenic sections to paddle is from the put-in near Burnt Church outside of Lakeland down to the Hotchkiss landing. I have taken various groups

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Agenda: two appointments, a public hearing, and two grants @ LCC 2013-02-25

The county’s website, down earlier today, is back up, so we can see there is a Work Session this morning, with voting at the Regular Session tomorrow evening at 5:30 PM. The proposed abandonment of Old State Road at Hotchkiss Landing on the Alapaha River, tabled two weeks ago, is on the agenda, although the Georgia Supreme Court makes me wonder why. One of the two appointments is to the South Regional Joint Development Authority which Andrea Schruijer mentioned at the most recent VLCIA board meeting. Another is to the Southern Georgia Area Agency on Aging Advisory Council. I’m guessing one person to each agency; the agenda doesn’t say how many nor who the candidates are. Here’s the agenda. -jsq

LOWNDES COUNTY BOARD OF COMMISSIONERS
PROPOSED AGENDA
WORK SESSION, MONDAY, FEBRUARY 25, 2013, 8:30 a.m.
REGULAR SESSION, TUESDAY, FEBRUARY 26, 2013, 5:30 p.m.
327 N. Ashley Street – 2nd Floor
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County can’t “lawfully vacate a public street or highway for the benefit of a private individual” —Georgia Supreme Court

While I don’t know if the proposed closing of the end of Old State Road leading to Hotchkiss Landing at the Alapaha River is even on the agenda for this morning’s Work Session (Clarification: Monday 25 Feb 2013; they vote 5:30 PM Tuesday 26 Feb 2013), because the county’s website is down and I can’t retrieve an agenda, in case it is, it may be of interest to know that the Georgia Supreme Court appears to have explicitly forbidden what the county is proposing to do.

Georgia Supreme Court, GRIFFITH v. C & E BUILDERS, 231 Ga. 255 (1973), 200 S.E.2d 874:

Held:

1. “When a grantor sells lots of land, and in his deeds describes them as bounded by streets, not expressly mentioned in the deeds, but shown upon a plat therein referred to as laid out in a subdivision of the grantor’s land, he is estopped to deny the grantees’ right to use the streets delineated in such plat. Ford v. Harris [95 Ga. 97, 22 SE 144]; Schreck v. Blun, 131 Ga. 489 (62 SE 705); Wimpey v. Smart, 137 Ga. 325 (73 SE 586); Gibson v. Gross, 143 Ga. 104 (84 SE 373). By parity of reasoning those claiming under such conveyances are estopped from denying the existence of the streets so delineated upon the plat of the subdivision and given as boundaries of lots acquired by these and others from the grantor or those claiming under him. All persons claiming under such grantor are forever estopped to deny their existence. 19 CJ 928, § 127 (b).” Tietjen v. Meldrim, 169 Ga. 678, 697 (151 SE 349); Davis v. City of Valdosta,223 Ga. 523 (156 S.E.2d 345).

I am not a lawyer, but I wonder what a lawyer would say 1. above implies about the county doing nothing about a blocked public road?

But the Georgia Supreme Court didn’t stop there:

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Work Session this morning? Lowndes County web site down again @ LCC 2013-02-25

Is there a County Commission Work Session this morning at 8:30 AM? Can't find out from the county's website: it's down again. Is this a good way to demonstrate that Internet access is "one of the number one issues"?

Firefox First noticed about 7AM, http://www.lowndescounty.com/ not responding, same as three weeks ago. Once again I also tried it from somewhere far away geographically and on another ISP, with the same results as last time.

Alert!: Unexpected network read error; connection aborted.

So it looks like the Lowndes County Commission's website is down. Speaking of far away, why does it seem to be hosted in Dallas, Texas?

Well, let's see if there's any information on their facebook page. Nope; still content-free.

Here's a response Gretchen got from County Clerk Paige Dukes when she inquired after the last outage:

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