Category Archives: Law

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

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Videos: seventeen minutes for three appointments and other business @ LCC Regular 2023-01-09

All the votes took less than eight minutes, at the Regular Session of the Lowndes County Commission, Monday, January 9, 2023.

Only one Commissioner had one question about a voting item, 6.e. Stop Loss Insurance Coverage through HM Insurance Group. Maybe they all knew how they were going to vote before they got to this public meeting.

There was discussion about inspections being efficient for “the development community” in the non-voting 7. Reports – County Manager.

They appointed people to three boards, accepted infrastructure for a subdivision, agreed to a lease, accepting a grant, and an insurance plan.

None of the appointees were present.

See especially Gretchen’s comments on 6.b. Extension of Agreement for ULDC Updates.

[Collage @ LCC 9 January 2023]
Collage @ LCC 9 January 2023

The whole thing took seventeen minutes. For sure, the County Manager’s Reports are informative, but subtract those eight minutes and the more than a minute for the preliminaries, and only eight are left.

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 LAKE videos of the preceding Work Session and the agenda and board packet. Continue reading

Videos: Three appointments, lease, ULDC, roads, grant, insurance @ LCC Work 2023-01-09

Update 2023-01-22: Videos: seventeen minutes for three appointments and other business @ LCC Regular 2023-01-09.

No item took even two minutes, although many departments spoke, at the Lowndes County Commission Regular Session, Monday, January 9, 2023. The whole thing took eight minutes.

[Collage @ LCC Work 9 January 2023]
Collage @ LCC Work 9 January 2023

I wonder what’s in these ULDC Updates, when will the public get to see them, and why was a contractor necessary to write them? Also, how much did that contract cost?

The Regular Session was later that same day; LAKE videos of that one will also follow.

Below are links to each LAKE video of each agenda item of the Work Session, with some notes by Gretchen Quarterman, followed by a LAKE video playlist. See also the agenda and board packet. Continue reading

Survey, petition, letters, speak against conmmercial development on GA 122 at Skipper Bridge Road

Update 2023-01-21: Packet: Dollar General rezoning again, VLDA appointment, 2 subdivision infrastructure, special assessment rate, DA VOCA, server blades @ LCC 2023-01-23.

If you do not think “commercial and shopping options in Lowndes County” should include a development foothold in an agricultural and forestry area, here are ways you can oppose it: a survey, a petition, letters, call your Commissioner, and speak in the Public Hearing.

[Trash bags across GA 122 from the rezoning notice sign]
Trash bags across GA 122 from the rezoning notice sign

Somebody identified only as “Joe w/ WG Research” is sending text messages with a survey that includes this question:

4. Would you be in favor of a new and architecturally enhanced Dollar General in North Lowndes County located on GA Hwy 122?

No doubt they want to hear from everybody. So please answer the survey and get friends and relatives who oppose that rezoning to answer it.
https://survey.alchemer.com/s3/7170646/Lowndes-County?x=2DCD7BDE9 Continue reading

Public Notice: Rezoning REZ-2022-20, GA 122 @ Skipper Bridge Road for a Dollar General 2023-01-08

Update 2023-01-13: Survey, petition, letters, speak against conmmercial development on GA 122 at Skipper Bridge Road.

That’s sixteen days before the January 24th Public Hearing about the proposed rezoning for a Dollar General at GA 122 and Skipper Bridge Road by the Lowndes County Commission.

[Public Notice and Future Development Map, REZ-2022-20, GA 122 @ Skipper Bridge Road]
Public Notice and Future Development Map, REZ-2022-20, GA 122 @ Skipper Bridge Road

Which appears to be sufficient notice according to O.C.G.A. 36-66-4(a): “A local government taking action resulting in a zoning decision shall provide for a hearing on the proposed action. At least 15 but not more than 45 days prior to the date of the hearing, the local government shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing. The notice shall state the time, place, and purpose of the hearing.”

The notice says opponents of the rezoning have to file a disclosure report about campaign contributions. The same law, O.C.G.A. 36-67A-3 (2010) says the applicant must also file a disclosure report. I will include a request for that in the LAKE open records request before the January 24th Public Hearing.

Valdosta Daily Times, City and Public Notices, January 8, 2023,

PUBLIC NOTICE TO THE CITIZENS OF LOWNDES COUNTY, Continue reading

Packet: Three appointments, lease, ULDC, roads, grant, insurance @ LCC 2023-01-09

Update 2023-01-22: Videos: Three appointments, lease, ULDC, roads, grant, insurance @ LCC Work 2023-01-09.

Both Work Session and Regular Session are Monday, January 9, 2023, for the Lowndes County Commission. Both will probably be brief, because it’s a short agenda of mostly routine items.

The rezoning at Skipper Bridge Road and GA 122 for a Dollar General is NOT on this agenda. However, those interested may want to show up and be seen by the Commissioners, to remind them that people care and will be there on January 24th at the Public Hearing.

[Agenda, Cattle Crossing Subdivision infrastructure @ LCC 2023-01-09]
Agenda, Cattle Crossing Subdivision infrastructure @ LCC 2023-01-09

They pretend as always that taking over more subdivision streets and water and sewer lines will not cost the county taxpayers anything.

The dollar items listed in the packet are small. Continue reading

Videos: Dollar General rezoning legally must be tabled, Troupville land purchase is for a park @ LCC 2022-12-12

Update 2022-12-18: Correspondence: Proposed Rezoning on GA 122 at Skipper Bridge Road 2022-12-12.

County Manager Paige Dukes said they are legally required to table the rezoning for a Dollar General, because they were a day late on getting notices out, although she twice blamed that on the Valdosta Daily Times.

[Collage @ LCC 12 December 2022]
Collage @ LCC 12 December 2022

County Chairman Bill Slaughter said the applicant had requested tabling, and he recommended the second meeting in January (January 24, 2023). Commissioner Demarcus Marshall wanted to know why. The Chairman said, “It works out for two of the parties involved, the county and the developer.” (Nevermind the people.) Commissioner Scottie Orenstein said “I’m not in favor of tabling something only to give the developer more time… If he has true intentions on meeting with the community and having a meeting with them, a town hall, something a little more official, then I’m OK with that. But not to just give them more time.” The Chairman disagreed, “Well, I don’t think time is going to resolve anything in this particular situation.” Plus regarding the applicant, “We’re here to give them the courtesy if they make a request through that application process.”

Commissioner Mark Wisenbaker wanted clarified that the main issue was the date issue. Alleged County Attorney G. Walter Elliott reminded them they have to vote to table (the Chairman cannot just unilaterally table).

Commissioner Demarcus Marshall wanted to know if the Planning Commission knew about the timing issue. Continue reading

Videos: Strengthening Families, Fire Prevention, Broadband, Public Safety, Courthouse, Delinquency @ LCC 2022-11-07

They had a fire alarm in the middle of the Broadband Presentation, before the Fire Prevention Activities Presentation, at the Lowndes County Commission Work Session of November 7, 2022.

[Collage @ LCC 7 November 2022]
Collage @ LCC 7 November 2022

Other long items included 9.a. Emergency Repairs to Public Safety Radio System due to Lightning Damage.

The whole meeting took half an hour.

Below are links to each LAKE video of each agenda item or fire alarm, with a few notes, followed by a LAKE video playlist. See also the agenda and board packet. And the Video: Windstream Proposed rural Fiber Internet @ LCC Rural Internet 2022-11-07. Continue reading

Packet: Dollar General may be tabled @ LCC 2022-12-12

Update 2022-12-12: Videos: Dollar General rezoning legally must be tabled, Troupville land purchase is for a park @ LCC 2022-12-12.

Update 2022-12-12: Lowndes County to purchase land for Troupville Nature Park and River Camp @ LCC 2022-12-13.

Update 2022-12-10: Fixed my number dyslexia in the dates.

Lowndes County Chairman Bill Slaughter tells me the applicant for the Dollar General at GA 122 & Skipper Bridge Road (REZ-2022-20 Teramore Development) has requested tabling until a later meeting. Bill says he intends to table it until the second January 2023 meeting. So that’s January 25 24, 2023. He asked me to tell people that.

If I were you, I would show up this Tuesday, December 12 13th, anyway, so they see you are watching. Also, the agenda has not yet changed, and the item has not yet been tabled.

[Second meeting in January 2023]
Second meeting in January 2023

In any case, keep them letters, telephone calls, and petition signatures going in. Ask them to hold the public hearing and then just vote to deny it instead of tabling it.

For anyone tuning in late, here’s why: https://wwals.net/?p=60348

The board packet, received in response to a LAKE open records request, is on the LAKE website. The county did not send letters from citizens to Commissioners or staff about the Dollar General rezoning, even though those were specifically part of the request.

See also the agenda.

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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!

Agenda: Sprawl on Skipper Bridge Road and Purchase of Land Between the Rivers @ LCC 2022-12-12

Update 2022-12-09: Packet: Dollar General may be tabled @ LCC 2022-12-12.

Most of the budget dollar items on the Lowndes County Commission agenda are recurring, but the Purchase of Between the Rivers, L.L.C. Property for incorporation into the proposed Troupville Nature Park is one-time.

The most contentious item, REZ-2022-20 Teramore Development, LLC, ~3 acres at Hwy 122 & Skipper Bridge (Part of 0067 051), E-A to C-C, Well and Septic, for a Dollar General store in an agricultural and forestry Character Area, has no dollar value attached in the agenda, even though the potential costs to the county are large.

[Dollar General sprawl and Land Between the Rivers park]
Dollar General sprawl and Land Between the Rivers park

Cost What
$356,405.55Storage Area Network Replacement
$181,424.00 2023 ACCG Workers’ Compensation Insurance Renewal
$121,500.00Purchase of Between the Rivers, L.L.C. Property
$36,266.00Approval of Solicitor General’s VAWA Continuation Grant Application for 2023
$22,894.96MyGov Intergovernmental Agreement
$718,490.51Total

Here is the agenda.

LOWNDES COUNTY BOARD OF COMMISSIONERS
PROPOSED AGENDA
WORK SESSION, MONDAY, DECEMBER 12, 2022, 8:30 a.m.
REGULAR SESSION, TUESDAY, DECEMBER 13, 2022, 5:30 p.m.
327 N. Ashley Street – 2nd Floor

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