{"id":74,"date":"2013-02-27T07:34:37","date_gmt":"2013-02-27T12:34:37","guid":{"rendered":"http:\/\/www.l-a-k-e.org\/blog\/2013\/02\/videos-commission-voted-against-the-people-lcc-2013-02-26.html"},"modified":"2013-02-27T07:34:37","modified_gmt":"2013-02-27T12:34:37","slug":"videos-commission-voted-against-the-people-lcc-2013-02-26","status":"publish","type":"post","link":"http:\/\/www.l-a-k-e.org\/blog\/2013\/02\/videos-commission-voted-against-the-people-lcc-2013-02-26.html","title":{"rendered":"Videos: Commission voted against the people @ LCC 2013-02-26"},"content":{"rendered":"

\n
\n<\/a>
\nApparently one person with a lawyer can persuade the Lowndes County Commission
\nthat hundreds of people are just
\n
\nan unruly mass<\/a>, not the public it’s supposed to represent.
\nFor whatever reason, not clear to the public, the Commission voted
\n3 to 1 with 1 absent to close the end of Old State Road to Hotchkiss Crossing,
\nthus barring the only public access to the Alapaha River in Lowndes County.
\nWe shall see whether they will follow through with their
\n
\nhint<\/a> that they might make a park on the Alapaha River at another location.
\nCongratulations to
\nCommissioner Demarcus Marshall<\/a> for
\nspeaking up for due process and for voting for the public!\n<\/p>\n

\n
\nPublic Works Director Robin English spoke about road conditions<\/a>
\nand
\n
\nEmergency Services Director Ashley Tye spoke about Local weather conditions<\/a>,\n<\/p>\n

\nUpdate noon 27 Feb 2013:<\/strong>
\nLink to
\nweather conditions,<\/a>
\nand to
\nCitizens Wishing to Be Heard.<\/a>\n<\/p>\n

\nThe Commission reappointed
\nJ. Glenn Gregory to the
\n
\nSouth Regional Joint Development Authority<\/a>
\nand
\nappointed Commissioner Joyce Evans to the
\n
\nSouthern Georgia Area Agency on Aging Advisory Council<\/a>.
\nThey are applying for a grant for the county’s MIDS<\/a>
\nbus system and reapplying for a CDBG<\/a> grant for Second Harvest.\n<\/p>\n

\nHere’s
\n
\nthe agenda<\/a>, with links to the videos and some notes,
\nfollowed by a video playlist.
\nSee also
\n
\nthe videos of Monday morning’s Work Session.<\/a>\n<\/p>\n

\nLOWNDES COUNTY BOARD OF COMMISSIONERS
\n
\nPROPOSED AGENDA
\n
\nWORK SESSION, MONDAY, FEBRUARY 25, 2013, 8:30 a.m.
\n
\nREGULAR SESSION, TUESDAY, FEBRUARY 26, 2013, 5:30 p.m.
\n
\n327 N. Ashley Street \u2013 2nd<\/sup><\/small> Floor
\n\n<\/p><\/blockquote>\n

<\/p>\n

\n
    \n
  1. \n
    \nCall to Order<\/a>\n<\/li>\n
  2. \nInvocation<\/p>\n

    \nIt mentioned “open government”. That would be a fine idea.\n<\/p>\n<\/li>\n

  3. \nPledge of Allegiance to the Flag\n<\/li>\n
  4. \n
    \nMinutes for Approval<\/a><\/p>\n

    \nChairman Bill Slaughter praised the rain and even mentioned farmers positively.
    \nHe commended Robin English and Public Works for dealing with road conditions
    \nduring the recent rains.
    \nThen they
    \n
    \napproved the minutes of recent meetings.<\/a>\n<\/p>\n

      \n
    1. \nWork Session \u2014 February 11, 2013\n<\/li>\n
    2. \nRegular Session \u2014 February 12, 2013\n<\/li>\n<\/ol>\n<\/li>\n
    3. \nAppointments<\/p>\n
        \n
      1. \n
        \nSouth Regional Joint Development Authority<\/a><\/p>\n

        \nJ. Glenn Gregory reappointed for a 3 year term.
        \nThe Chairman did open up for other nominations, but there were none.
        \nThis Authority was mentioned by
        \n
        \nAndrea Schruijer at the most recent VLCIA board meeting.<\/a>\n<\/p>\n<\/li>\n

      2. \n
        \nSouthern Georgia Area Agency on Aging Advisory Council<\/a><\/p>\n

        \nApointed Commissioner Joyce Evans
        \nto the position
        \nformerly held by former Commissioner the late G. Robert Carter.
        \nThe Chairman did open up for other nominations, but there were none.\n<\/p>\n<\/li>\n<\/ol>\n<\/li>\n

      3. \n
        \nPublic Hearing \u2014 Abandonment of a portion of Old State Road (CR 16) <\/a><\/p>\n

        \n
        \n<\/a>
        \nThe County Engineer said:\n<\/p>\n

        \nOn January 22nd the Board of Commissioners made a determination that a section
        \nof Old State Road which is approximately .17 miles in length,
        \nhad ceased to be used by the public to the no extent that no substantial
        \npublic purpose is served by it, and that by its removal from the county
        \nroad system is in the best interest of the county.\n<\/p><\/blockquote>\n

        \nThat’s curious, because at the
        \n
        \n22 January 2013 Regular Session, this was heard:<\/a>\n<\/p>\n

        \nChairman:
        \nThat’s all this is doing: putting that process in step.
        \n
        \nEngineer:
        \nYes sir. This takes us back to a public hearing in three weeks.\n<\/p><\/blockquote>\n

        \nThe
        \npublic notice of a week later said:<\/a>\n<\/p>\n

        \nYOU ARE HEREBY NOTIFIED that pursuant to O.C.G.A. 32-7-2(b)(1) the Parcel
        \n0259 030A Lowndes County Board of Commissioners has determined that a
        \nsection of Old State Road (CR # 16) has ceased to be used by the public to
        \nthe extent that no substantial purpose is served or by it that its removal
        \nfrom the county road system is otherwise in the best public interest.\n<\/p><\/blockquote>\n

        \nSee the difference? The law and the public notice say “or”,
        \nwhile the engineer this time said “and”.
        \nIs this merely a case of someone mis-speaking in a public meeting?
        \nNo; see the Attorney’s remarks below.
        \nAnd Commissioner Evans’ and the Chairman’s reported statements
        \nafter Monday morning’s Work Session
        \nindicate that the Commission had already determined before this sham
        \nof a public hearing that only
        \n
        \n“the unruly”<\/a>, not the public, used this road.
        \nNevermind what the public actually does or thinks.\n<\/p>\n

        \n
        \nApril Huntley<\/a> spoke against, delivering a petition of approximately
        \n330 signatures.\n<\/p>\n

        \n
        \nBrett Huntley<\/a> spoke against, saying County Road 16 is still used
        \nby citizens, and is the only access point to the Alapaha River in Lowndes
        \nCounty, meaning a lot to the community.\n<\/p>\n

        \n
        \nThomas Reedy<\/a> spoke against, saying as long as he could remember,
        \nand he’s 46 years old, that people had used that road, which is the only
        \npublic access to the Alapaha River in Lowndes County.\n<\/p>\n

        \nNobody spoke for the closing.
        \nThe Chairman asked the County Attorney to clarify.
        \nThe Attorney said they’d looked at         river protection corridors<\/a> and determined they had nothing to do with the road closing.
        \nHe seemed to indicate there was no other new information, which is
        \n
        \npuzzling<\/a>.\n<\/p>\n

        \nThe Chairman talked about baptism pools, and said the owner had said he would
        \nlet any churches use the road for that purpose.
        \nSo apparently the Chairman has no problem with privatizing a public good,
        \nas long it’s for religious purposes.\n<\/p>\n

        \n<\/a>
        \nThe Chairman added:\n<\/p>\n

        \n
        \n<\/a>
        \nThe county, they are currently pursuing, just in the very infant stages of it,
        \nbut they’re pursuing with
        \n
        \nthe owner of some property that also is adjacent to the river,<\/a>
        \nreally at a better location possibly, to put in a landing in another location.
        \nNow that’s all premature, it’s all working with the owner, we’ve just
        \nstarted in discussions with him.
        \nIt’s something that will done through Parks and Rec
        \nif we’re successful with doing that.
        \nI just want you to know that your County Commissioners are doing
        \neverything that they can.
        \nWe certainly appreciate and understand your concerns,
        \nbut also we understand the deeds and the issue with the legal side of it
        \nas far as the owner is concerned.\n<\/p><\/blockquote>\n

        \nI congratulate the Chairman on saying that about the park in public
        \nso everyone could hear it.
        \nRegarding
        \n“the deeds and the issue with the legal side of it”,
        \nit’s good that he understands, because the public doesn’t.\n<\/p>\n

        \nThe attorney attempted further clarification, saying the county
        \ndidn’t own the road, rather having an easement, as with most county roads.
        \nEveryone knew that already, although the attorney couldn’t even say how
        \nthe county acquired the easement; he merely listed various ways the
        \ncounty might have acquired it, and continued:\n<\/p>\n

        \nWhen any county road for which easement is abandoned
        \nunder the statutory procedure being followed
        \nthat extinguishes the easement
        \nand the owner’s underlying fee simple title to the property
        \nis no longer burdened with the easement.\n<\/p><\/blockquote>\n

        \nWhen was such statutory procedure followed?
        \nWould it not require a public hearing according to
        \nO.C.G.A. 32-7-2(b)(1)?
        \nWhen was that hearing held?
        \nThe Attorney didn’t say.\n<\/p>\n

        \n<\/a>
        \n
        \n<\/a>
        \nCommissioner Demarcus Marshall reminded the Commission that the hearing
        \nwas supposed to be to determine whether the road served a public use or not.\n<\/p>\n

        \nThe Attorney then emphasized the “or” in the statute yet claimed on 22 January
        \nthe Commission had already determined both sides of that disjunction were satisfied.
        \nWhy were they bothering to hold a public hearing, then, if they had
        \nalready decided?
        \nPerhaps they should have called it a public telling.\n<\/p>\n

        \nCommissioner Marshall wanted to know how many people used the road.
        \nBrett Huntley answered that 330 people did.
        \nChairman called for order.
        \nCommissioners voted to close the road, with only Commissioner Marshall voting
        \nagainst (Commissioner Powell was absent).\n<\/p>\n

        \nOne Commissioner revealed after the hearing that the property owner
        \nhad threatened to sue the county.
        \nIf that’s true, apparently “otherwise in the best public interest”
        \nmeans the county government CYA.
        \nDon’t they have Directors and Officers insurance?
        \nPerhaps the Sheriff, who was sitting in the audience,
        \ncould tell them
        \n
        \ninsurance covered the recent settlement of a lawsuit against him.<\/a>
        \nI suppose they’d have to ask him before they’d listen.\n<\/p>\n<\/li>\n

      4. \nFor Consideration<\/p>\n
          \n
        1. \n
          \nGrant Re-Application for Rural Transportation Program and Associated Resolution <\/a><\/p>\n

          \nThis is the county’s MIDS on-call bus system.\n<\/p>\n<\/li>\n

        2. \n
          \nFY 2013 CDBG Grant Submittal Resolution and Declaration Establishing No Conflict of Interest \u2014
          \nSecond Harvest of South Georgia Renovation Project<\/a><\/p>\n

          \nThey didn’t get the grant last time, so they’re trying again.\n<\/p>\n<\/li>\n<\/ol>\n<\/li>\n

        3. \nReports-County Manager<\/p>\n