Category Archives: Law

Packet: Raise waste collection rates, appointments to 3 boards, crop sprayer for wastewater sprayfield @ LCC 2023-04-10

It’s back: the Howell Road halfway house rezoning, after being tabled last time, waiting for a full Commission. The Lowndes County Commission will vote on it tomorrow evening at 5:30 PM.

All the same opposition letters and petition signatures are included in the board packet. Staff still recommends approval, although the Planning Commission recommended denial by 7:3.

[Collage, LCC Packet 2023-04-10]
Collage, LCC Packet 2023-04-10

The Letter of Intent from Redeemed Living includes this: “Redeemed Residents are required to maintain full time employment, attend weekly recovery meetings, and become an active member at a Church of their choosing.” Is that establishment of religion? Continue reading →

Packet: Raise waste collection rates, appointments to 3 boards, crop sprayer for wastewater hayfield @ LCC 2023-04-10

It’s back: the Howell Road halfway house rezoning, after being tabled last time, waiting for a full Commission. The Lowndes County Commission will vote on it tomorrow evening at 5:30 PM.

All the same opposition letters and petition signatures are included in the board packet. Staff still recommends approval, although the Planning Commission recommended denial by 7:3.

[Collage, LCC Packet 2023-04-10]
Collage, LCC Packet 2023-04-10

The Letter of Intent from Redeemed Living includes this: “Redeemed Residents are required to maintain full time employment, attend weekly recovery meetings, and become an active member at a Church of their choosing.” Is that establishment of religion? Continue reading →

Videos: James Road rezoning and three water projects @ LCC 2023-03-14

The contentious James Road rezoning passed by 3:2, on March 14, 2023. After speakers for and against, and questions from Lowndes County Commissioners, Commissioner Clay Griner made the motion, and Commissioner Mark Wisenbaker seconded. They and Commissioner Scottie Orenstein voted in favor. Commissioners Joyce Evans and Demarcus Marshall voted against.

[Collage @ LCC 14 March 2023]
Collage @ LCC 14 March 2023

Everything else passed unanimously, including the $1.2 million for three water projects, two for subdivisions with golf clubs, and the most expensive one to run a watermain up Val Del Road, enticing more subdivisions up that way.

Cost What
$980,051.00Val-Del Water Main Extension
$225,910.30Francis Lake Sewer Rehab
$26,585.50Kinderlou Offsite Well Emergency Repair
$1,232,546.80Total

Below are links to each LAKE video of each agenda item, with a few notes by Gretchen Quarterman, followed by a LAKE video playlist.

See also Continue reading →

Packet: James Road rezoning and three water projects @ LCC 2023-03-13

Update 2023-04-04: Videos: James Road rezoning and three water projects @ LCC 2023-03-14.

The board packet for the March 13 and 14, 2023, sessions of the Lowndes County Commission is on the LAKE website, received in response to a LAKE open records request.

[Collage, Board Packet, LCC 2023-03-13]
Collage, Board Packet, LCC 2023-03-13

It is still mysterious why the county does not put its board packets on its own website. Under Agenda Center for each County Commission agenda there is even a pulldown slot for “Packet”. That currently has only the agenda and the one-page agenda sheets. There is no reason it could not instead have the PDF of the entire board packet.

See also the LAKE videos of the Regular Session, the LAKE videos of the Work Session, the agenda, the minutes, and the preceding Planning Commission meeting.

-jsq

Investigative reporting costs money, for open records requests, copying, web hosting, gasoline, and cameras, and with sufficient funds we can pay students to do further research. You can donate to LAKE today!
http://www.l-a-k-e.org/blog/donate

Videos: Howell Road Halfway House tabled @ LCC Regular 2023-03-28

Update 2023-04-10: Packet: Raise waste collection rates, appointments to 3 boards, crop sprayer for wastewater hayfield @ LCC 2023-04-10.

As suggested by Commissioner Mark Wisenbaker yesterday, the rezoning was tabled until the next Lowndes County Commission meeting: 6.a. REZ-2022-10 The Campus Transitional Care Facility, 2193 Howell Road. It was tabled before the Public Hearing, so I would guess that means they have to send out notice again for a Public Hearing. The motion to table was by Commissioner Wisenbaker, second by Commissioner Scottie Orenstein, and it passed unanimously by the four voting Commissioners present. Commissioner Clay Griner was not there, which was the purpose of tabling: wait until all five Commissioners are there.

Interestingly, most of the people who came for the Howell Road public hearing stayed to the end. They didn’t leave when the item was tabled. This was very unusual.

[Collage @ LCC 28 March 2023]
Collage @ LCC 28 March 2023

The Land Bank Authority appointment was also tabled until the first meeting in April, due to lack of nominations.

Everything else passed unanimously.

On the waste collection franchises by Continue reading →

Packet: Howell Road rezoning, Trash colleciton centers, Windstream Broadband map @ LCC 2023-03-27

Update 2023-03-30: Videos: Howell Road Halfway House tabled @ LCC Regular 2023-03-28.

The Lowndes County Commission board packet for this week’s meetings contains no letters supporting the Howell Road halfway house rezoning. It does contain eleven opposition letters plus 31 pages of opposition petition signatures, which at about a dozen a page comes to somewhere around 372 signatures. Commissioners will decide tomorrow evening at 5:30 PM, after a Public Hearing.

[Howell Road rezoning, Trash colleciton centers, Windstream Broadband map @ LCC Packet 2023-03-27]
Howell Road rezoning, Trash colleciton centers, Windstream Broadband map @ LCC Packet 2023-03-27

The packet, received in response to a LAKE open records request, is on the LAKE website.

See also the agenda and the LAKE videos of this morning’s Work Session.

-jsq

Investigative reporting costs money, for open records requests, copying, web hosting, gasoline, and cameras, and with sufficient funds we can pay students to do further research. You can donate to LAKE today!
http://www.l-a-k-e.org/blog/donate

Videos: Howell Road Halfway House @ LCC Work 2023-03-27

Update 2023-03-27: Packet: Howell Road rezoning, Trash colleciton centers, Windstream Broadband map @ LCC 2023-03-27.

Commissioner Wisenbaker asked this morning whether they could table 6.a. REZ-2022-10 Campus Transitional Care Facility 2193 Howell Road, E-A to P-D. He was concerned that Commissioner Clay Griner will not be present, so once again the Chairman may have to break a tie, as happened last year in the vote that they later had to rescind because they did not give proper notice of the Public Hearing.

Answer from Chairman Bill Slaughter and the Attorney: yes, Commissioners can move and vote to table.

Does this mean they’ve all already made up their minds before they even listen to the Public Hearing tomorrow evening?

[Collage @ LCC 27 March 2023]
Collage @ LCC 27 March 2023

Both DSS and ADS asked for a trash pickup fee increase from $20 to $25/month, and deposit center hours changed from 7AM to 7PM to 8AM to 6PM. According to the Chairman, those things will not change yet, rather they will be addressed in the retreat. Also, Deep South Sanitation has 6,900 customers and Advanced Disposal Services has 9,000.

Below are links to each LAKE video of each agenda item, with a few notes by Gretchen Quarterman, followed by a LAKE video playlist.

See also the agenda and agenda sheets. Continue reading →

Videos: Contentious James Road rezoning @ LCC Work 2023-03-13

This wasn’t even the Public Hearing, which is tomorrow evening. The Lowndes County Commissioners themselves were trying to make sense of the James Road rezoning. Commissioner Demarcus Marshall wanted to know how many floors the current zoning allows, and whether Smith Road would be improved. Two floors and the county has no plans to modify Smith Road at this time.

[Collage @ LCC 13 March 2023]
Collage @ LCC 13 March 2023

Commissioner Mark Wisenbaker wanted to know when James Road got widened. The County Planner said, “prior to 2008, for sure.” The County Manager said, “about fifteen years ago.” Actually, that widening started on February 16, 2009, which is 14 years ago. The County Manager later did produce the date of 2009; apparently the County Attorney looked that up.

The widening happened because of the proposed-in-2007 but-never-built Continue reading →

James Road rezoning, Kinderlou well emergency repair, Francis Lake sewer rehab, Val Del water main extension to McMillan Road @ LCC 2023-03-13

It will be a busy Work Session this morning at the Lowndes County Commission, with a rezoning, an emergency well repair, a sewer main rehab, and yet another water main extension northwards along Val Del Road, pushing sprawl with it.

As usual, they pretend the rezoning will cost the county nothing, yet the vast majority of the more than a million dollars for the water items is for the water main extension, which will result in more rezonings and more subdivisions. This has been the county’s practice on Val Del Road since they pushed water and sewer north for Nelson Hill subdivision. As goes Val Del, so goes the county, if the County Commission continues to have its way.

Cost What
$980,051.00Val-Del Water Main Extension
$225,910.30Francis Lake Sewer Rehab
$26,585.50Kinderlou Offsite Well Emergency Repair
$1,232,546.80Total

I do not have the board packet, because I forgot to send in a GORA request. Why the county does not put its board packets on its own website is mysterious. Under Agenda Center for each County Commission agenda there is even a pulldown slot for “Packet”. That currently has only the agenda and the one-page agenda sheets. There is no reason it could not instead have the PDF of the entire board packet.

[Agenda, James Road rezoning]
Agenda, James Road rezoning

However, the county got around to sending the GLPC materials for the rezoning the day after the GLPC meeting, well after the statutory three day limit for the Georgia Open Records Act (GORA). So those rezoning materials are on the LAKE website.

Here is the agenda. Continue reading →

Halfway house rezoning has Public Hearing date 2023-03-28

Update 2023-03-27: Agenda: Howell Road Halfway House @ LCC 2023-03-27.

The halfway house rezoning on Howell Road is back for its final Public Hearing, on March 28, 2023.

[Second Public Re-Hearing, Zoning Location Map]
Second Public Re-Hearing, Zoning Location Map

Back in May 23, 2022, the Greater Lowndes Planning recommended denial by 7:2. Nonetheless, the Lowndes County Commission approved this rezoning on 2022-06-16 with the Chairman breaking a tie.

After an attorney for opponents dug in, that vote was determined invalid, because the county had not advertised the Public Hearing according to state law specific to Transitional Care Facilities. The first of two new Public Hearings was held 2022-09-13.

See also the Lowndes County Commission board packet 2022-06-16, the board packet 2022-09-12, and the GLPC board packet 2022-05-23.

In the Valdosta Daily Times, March 5, 2023:

PUBLIC NOTICE TO THE CITIZENS OF LOWNDES COUNTY

[Public Notice of Second Public Re-Hearing]

Lowndes County Board of Commissioners will hold a public hearing to consider the following rezoning request. The location, date and time of the public hearing are as follows:

Tuesday, March 28, 2023 – 5:30 p.m.

Lowndes County Board of Commissioners (official public hearing) Lowndes County Judicial and Administrative Complex Commission Chambers, 2nd Floor 327 North Ashley Street, Valdosta, Georgia

The Board of Commissioners of Lowndes County will hold a public hearing pursuant to OCGA § 36-66-4(A) at 5:30 p.m., Tuesday, March 28, 2023, in the Lowndes County Judicial and Administrative Complex, Commission Chambers, 2nd Floor, 327 North Ashley Street, Valdosta, Georgia, in Case Number REZ-2022-10 regarding all or part of Tax Map 0186 Parcel 107 and Tax Map 0187 Parcel 082 on the application by Redeemed Living, c/o Charles B. Moore, Jr., on behalf of Parkerson Properties, LLC/Thomas A. Parkerson, to amend the Zoning Map of Lowndes County, Georgia, to rezone 23 acres located at 2193 Howell Road, Valdosta, Georgia, from E-A (Estate Agriculture) zoning district to PD (Planned Development) zoning district for uses to include a Transitional Care Facility. The Lowndes County Unified Land Development Code defines Transitional Care Facility to mean “A building or buildings in which is provided long-term but not permanent living accommodations for one or more persons who are in need of short term or long-term housing assistance, and in which may also be provided meals and social services including physical therapy, social therapy, emotional therapy, counseling, rehabilitation, or substance abuse recovery assistance.” The legal dictionary definition of halfway house is “A transitional housing facility designed to rehabilitate people who have recently left a prison or medical-care facility, or who otherwise need help in adjusting to unsupervised living.” The proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency.

Any comments may be presented at the public hearings, or filed in writing prior to the public hearings. Also, review of the above applications is available in the Office of the County Planner located at 327 North Ashley Street.

Pursuant to O.C.G.A. 36-67A-3, any opponent of this proposed rezoning who has made campaign contributions aggregating $250.00 or more to a local government official of Lowndes County Board of Commissioners, within two years immediately preceding the filing of the application, is required to file a disclosure statement, at least five days prior to the hearing, with the Zoning Administrator or County Planner, stating the name and position of the local official to whom contributions were made, the amount, description and date of each campaign contribution.

680722-1

-jsq

Investigative reporting costs money, for open records requests, copying, web hosting, gasoline, and cameras, and with sufficient funds we can pay students to do further research. You can donate to LAKE today!
http://www.l-a-k-e.org/blog/donate