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Meetings

MINUTES OF THE CRISP COUNTY BOARD OF COMMISSIONERS
PUBLIC HEARING HELD ON NOVEMBER 19, 2008
5:30 P.M.

The Crisp County Board of Commissioners held a public hearing Wednesday, November 19, 2008, at 5:30p.m. in Room 305 of the Crisp County Courthouse. Commissioners present were: Ferrell Henry, James Nance, Brad Faircloth and James Harris. Others in attendance were: Gene Crapse, County Administrator; Connie Sangster, Planning Director; Jimmy Mumphery, County Building Inspector; Bill Ross, Consultant with Ross and Associates; Frankie Wells and Charles Wells.

Chairman, Ferry Henry asked Connie Sangster, Planning Director to give a statement on the purpose of the hearing. Ms. Sangster stated the purpose of this public hearing is to receive public comment on the adoption of policies and procedures for the calling and conducting of hearings on proposed zoning decisions pursuant to the requirements of the Georgia Zoning Procedures Law.

Chairman, Ferrell Henry called the hearing to order and opened the floor for discussion and comments. Mr. Charles Wells presented to the Board a written statement concerning his appearance (attached and made a permanent part of these minutes) he stated that he did not think it was necessary to listen to the 2 pages unless the Board requested. Mr. Wells asked the members to look at line 46 on the attached document and that was his purpose "this brings to need "a resolution" by the Crisp County Commission to adopt the same requirement for itself as it does for Citizens, which is considering those 3 things that he has been given notice for this meeting, which is procedures O.C.G.A. 36-66-2 where he explains and the reason why he feels there is a need for change also explained in the violation and then to further cover the necessary of line 46 (attached) that he makes a request of "in order in which they are to come before this meeting they are so structured under (line 55) the Standards of Purpose and Structure and finally the Unified Land Development Code. Mr. Wells stated that each board member has a copy and if that will suffice they will dismiss themselves. Mr. Henry stated that he would be glad for Mr. Crapse or Connie to answer that, but he is under the assumption that as stated earlier that any information presented at this hearing concerning these 3 different public hearings will be received as information that will be considered prior to voting by the Crisp County Board of Commissioners, Mr. Henry asked Ms. Sangster if that was correct. Ms. Sangster replied yes, at this time, Ms. Sangster introduced Mr. Bill Ross with Ross & Associates. Ms. Sangster stated that the County had contracted with Mr. Ross as a consultant in updating the County's Unified Land Development Code. She stated that Mr. Ross could give additional information to Mr. Wells in reference to the Zoning Procedures Law Act. At this time, Mr. Henry asked Mr. Ross if he had any comments he would like to make. Mr. Ross stated that he agreed with the chairman and Ms. Sangster and any written information is just like it is spoken at a public hearing and received as information and an exact copy will be attached to the minutes of these public hearings and will go to the Board of Commissioners for their consideration and it will be just like Mr. Wells said it, or read it, and it is in writing, which is even better. At this time, Mr. Henry asked Mr. Wells if that was suitable. Mr. Wells stated that was very satisfactory and he would like to be assured that the other board members that are not present will be given a copy. Ms. Sangster replied that she would make sure they all received one. Mr. Wells asked if he understood that what he is requesting, at the next meeting, he could hear the results. Mr. Henry replied yes and at that meeting the County Commissioners would vote to adopt or not adopt to amend the text of the Unified Land Development Code. Mr. Crapse stated that the zoning maps are not in question here and there have been no change to the zoning maps or anything like that and this is simply to update the text and one of the most significant changes in that text were to the agricultural exceptions which were discussed in length which is included in this draft document and many things that are changes in here are actually changes in Ga. Law which have come into being since the year 2000 when this document was last reviewed. Mr. Frankie Wells asked Mr. Crapse if this was not a zoning, but just the by-laws and not an actual rezoning. Mr. Crapse replied that a text amendment does certain things like adds definitions that better describes things and add special conditions like the agricultural exception that we discussed at length, he stated that it may change minor things because of experience or laws and rules that have been adopted by the Health Department as regards to the septic systems and things like that that are now reflected in the new code, but have been adopted by these agencies so they became law in fact, and have now been put into this document so there will be a single source of information. Mr. Crapse also added that there will be changes in the future by State Law, the Health Department and even by the County Commission. Mr. Crapse also stated that in a text amendment you do not change lines of boundaries or rezoning of any land. Mr. Wells asked if anyone desires to ask a question about what he has presented at this meeting or need more facts are they allowed to ask him those questions at the next meeting or do further questions concerning his presentation have to be done now. Mr. Henry responded that this is the public hearing to receive any comments or questions concerning any of these 3 public hearings and that is the purpose of today. Mr. Wells stated that if the board wanted to ask him any questions he wanted to be available now or at the next meeting. Mr. Crapse replied that this is for public input and any manner of clarification. He also stated for instance, that this public hearing is for policies and procedures for calling and conducting this meeting or for conducting zoning changes. He stated that typically when a zoning change is done, the County advertises as required by law, post the sign as required by law and sends letters sometimes in addition to what is required by law to adjacent land owners. Mr. Crapse asked Mr. Wells if there was something specific in those acts that he doesn't think are specific enough or too lenient. Mr. Wells stated that out of the research that he has done on zoning and cases going into the court system that there are some problems coming down from the State and that problem needs and can be corrected by the State but can also be corrected or added he thinks by a County, if they so desire to correct on themselves. Mr. Wells stated that he has talked with some political advisors in which he will be going to the State Representatives to approach this matter, which is explained in his request. Mr. Crapse stated that we call those "unfunded mandates". Mr. Wells stated that if the county could do it itself, it would be beneficial to the citizens, but might not be beneficial to the administration. Mr. Henry asked Mr. Wells if his request for a change is in his document. Mr. Wells replied yes and that he is making the request in the advertisement that was said you have to follow the State Law in posting notices and if you will notice in his document, you will understand that when the notice was posted for one change nobody attended, and he talked with everyone of those land owners and no one knew anything about it, and the reason why they didn't know anything about it, is because of the way the County advertised or in-advertised under certain circumstances, but when they advertise under those circumstances borrowing the next state legislature requirement it has to be done for certain purposes and when these purposes are not brought out into the open that is where the problems occur and that is the one he is trying to prevent for those that are coming after him, and he still has the one to resolve himself which is a legal problem now, which is going exactly by the state law and requirements and to put it plainly you can advertise by using the county bulletin board, the newspaper and that is the only advertisement you have to do provided you follow the next mandate for 1of 3 purposes: health, welfare and safety and the question is, was that done, and the only way you will ever find out is when you have a meeting of those who are so involved and when there is no meeting of those so involved, then you are lacking a substance which is freedom of speech brought by the 4th Amendment, and that is the reason he is asking Crisp County when they do another advertisement for zoning they do like an individual is asking for the request and to go and post the property and then no one would have an excuse in not knowing. Mr. Henry stated that was a reasonable request. Mr. Crapse stated that he could not speak for what was in the past, but he knows now where we are required to post a sign in a location we always exceed that, and we don't just rely on the newspaper or one poster, he also stated that we are not required to send out notices but we do because that is only fair. Mr. Wells stated that if that had been done previously he would not have already spent many thousands of dollars already. Mr. Crapse told Mr. Wells that he hoped he understood if they needed to make adjustments they would, and that is the way we do business now and this will be reviewed with all of the commissioners and your information will be part of the public record.

At this time, Mr. Henry asked if there were any other comments concerning the adoption of the policies and procedures for the calling and conducting of hearings on proposed zoning decisions pursuant to the requirements of the Georgia Zoning Procedures Law. There were none. The public hearing was closed.


MINUTES OF THE CRISP COUNTY BOARD OF COMMISSIONERS
PUBLIC HEARING HELD ON NOVEMBER 19, 2008
5:30 P.M.

The Crisp County Board of Commissioners held a public hearing Wednesday, November 19, 2008 at 5:30 p.m. in Room 305 of the Crisp County Courthouse. Commissioners present were: Ferrell Henry, James Nance, Brad Faircloth and James Harris. Others in attendance were: Gene Crapse, County Administrator; Connie Sangster, Planning Director; Jimmy Mumphery, County Building Inspector and Bill Ross, Consultant with Ross and Associates.

Chairman, Ferrell Henry opened the public hearing. Chairman Henry stated the purpose of this hearing is to consider and receive public comment on the adoption of standards governing the exercise of the zoning power pursuant to the requirements of the Georgia Zoning Procedures Law. At this time, Mr. Henry asked if there were any comments or questions. There were none. The public hearing was closed.


MINUTES OF THE CRISP COUNTY BOARD OF COMMISSIONERS
PUBLIC HEARING HELD ON NOVEMBER 19, 2008
5:30 P.M.

The Crisp County Board of Commissioners held a public hearing Wednesday, November 19, 2008 at 5:30 p.m. in Room 305 of the Crisp County Courthouse. Commissioners present were: Ferrell Henry, James Nance, Brad Faircloth and James Harris. Others in attendance were: Gene Crapse, County Administrator; Connie Sangster, Planning Director; Jimmy Mumphery, County Building Inspector and Bill Ross, Consultant with Ross and Associates.

Chairman, Ferrell Henry called the public hearing to order. Chairman Henry stated the purpose of this hearing is to consider and receive public comment on the adoption of amendments to the Unified Land Development Code of Crisp County, Georgia.

At this time, Mr. Henry asked if there were any comments or question. There were none. The public hearing was closed.



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