Commission Minutes

OFFICIAL MINUTES
October 14, 2010, 5th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in The Commissioner’s Hearing Room at 12:45 PM with
Chuck Pennel and Danny Strahan present, and Jim Strafuss absent. The following
proceedings were had and made a matter of record:

FORSYTH SENIOR FRIENDSHIP CENTER PROCLAMATION

Presiding Commissioner Pennel read aloud the Proclamation.

Commissioner Pennel moved to accept the Proclamation with the change of James
Strafuss to Jim Strafuss. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (aye), Strahan (aye) and Strafuss (absent).

LOCAL LAW ENFORCEMENT MDT GRANT APPROVAL

Linda Gifford discussed the grant details with the Commission.

Commissioner Strahan moved to approve the Local Law Enforcement MDT Grant
application. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (aye), Strahan (aye) and Strafuss (absent).

FLOOD HAZARD MAPPING COMMUNITY REVIEW

Planning & Zoning Administrator Eddie Coxie reviewed notification cards, which were
generated with the aid of the IS Department, and were to be sent to all citizens who
owned parcels which touched the newly mapped flood plain.

Commissioner Strahan moved to send the cards out and direct Eddie Coxie to send them
out.

Commissioner Strafuss entered the meeting at 1:07 pm.

Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (aye),
Strahan (aye) and Strafuss (aye).

The Commission gave Eddie Coxie permission to freely discuss the FEMA mapping
issue with the press.

PLANNING & ZONING PUBLIC MEETING

The following individuals commented during the Planning & Zoning Public Meeting:
Bob Schanz – suggested that Planning & Zoning be kept but the Commissioners should
make changes, including requiring that the Board members should have to view each
property in person.

Branson Mayor Raeanne Presley – stated that she understands citizens concerns; wants
all those involved to listen and learn and work toward an improved system; does not
agree with the elimination of Planning & Zoning due to its positive benefits for
development and growth.

Planning & Zoning Board Member Susan Martin – stated that she believes in Planning &
Zoning because it protects the integrity of the community; she urged the Commission to
support the Boards decisions.

Commissioner Jim Strafuss – informed citizens of the petition being passed around and
the process it would have to go through to put it on the ballot, or to reform it.

Rick Makuch – expressed concern that Planning & Zoning was a rubberstamp for
developers; that citizens concerns were not heard by P & Z staff; that there was a conflict
of interest when a realtor sits on the Board; that he was in support of Planning & Zoning,
just was not sure that the County had ever had it.

Donna Neeley – gave information on elections and historical turnouts, and stated that the
largest turnout would be in November 2012.

Mark Weiss – stated that he was in favor of P & Z because it seperates commercial and
residential districts; he urged that the citizens save the cost of the election and spend that
money on fixing the current problems.

William Dooley – expressed his support for Planning & Zoning; asked questions related
to nuisance cases.

David Clemenson – gave a history of Planning & Zoning within the County; expressed
that the County had improved from a third class to a first class County and that
eliminating it would set the County back.

Assessor James Strahan – expressed that the media needed to hear and voice the concerns
of the citizens who were opposed to P & Z; said that November 2010 was too late a date
for an election; explained that P & Z has an effect on the Assessor’s office; and gave
examples of problems, i.e. agricultural farm being forced into minor subdivisions.

Don Ehrhardt – said he saw Planning & Zoning as broken and does not see anyone fixing
it; he stated that he is passing the petition to have it removed for that reason; that he saw
the administration as a large problem; and discussed voting issues on codes he has with
the State.
Commissioner Danny Strahan – stated that he feels leaders have an obligation to listen to
the pleas of citizens; that taking away codes can improve problems sometimes; and that
there should be equal treatment of neighbors and people.

George ----, a local campground owner – discussed an issue he had with Planning &
Zoning where he installed a sewage system per their guidelines and was later told it was
not acceptable.

Nancy Holburn with Tri-Lakes Realtors – relayed her belief that both County and
Municipal citizens should have codes and Planning & Zoning; that is the
department/process is broken then fix it instead of removing it.

Commissioner Strafuss – informed the people that an engineering firm had been hired
already to begin working on Planning & Zoning issues; he urged citizens to call the
Commission and relate specific concerns and ideas on how to fix the current system.

Bill Cornett – said that statistically having an election on November 2012 would make
sense; that you do not throw away a Mercedes when the brakes are broken, you keep it
and simply fix the problem.

James Strahan – said that change is taking too long, which is why the petition was
necessary; gave more examples of problems with Planning & Zoning.

Bob Schanz – asked if a moratorium could be put on the Planning & Zoning process until
changes could be made.

Jennifer Schmolky – relayed issues she had encountered with Planning & Zoning;
expressed the need for more thought to be put into process because all the people
petitioning for permits are humans.

Commissioner Strahan – said that the blame for the Planning & Zoning problems lays on
the leaders for not having the policies straightened out before.

Don Ehrhardt – reinforced that you do not throw something valuable away when it can be
fixed.

Bill Cottrell – reiterated that you should not throw it away.

Don Ehrhardt – clarified that he is for Planning & Zoning but not in its current state.

Dave Stewart – stated that these issues with P & Z are not new.

Susan Martin – said that reform takes time; that the next step is to strengthen the current
foundation/code.

Bob Schanz – expressed that regulations do not yield benefits.
Doug Lay – stated that Planning & Zoning is important, but believes that petitions made
by the citizens should be respected; stated that individuals should have the right to
develop their own land as they wish as long as it does not interfere with their neighbors;
offered his organization (Tri-Lakes Board of Realtors) as an advisory source for the
Commission.

Commissioner Pennel – described the process of reform; reiterated that change is already
happening; and stated that in the current code agriculture is exempt.

Mark Bernard of Kirbyville – urged that the system be fixed instead of thrown out.

Linda Church – stated that it would be more fair if when a petitioner was turned down
their money was returned to them.

The Commission thanked all those who attended the meeting and closed the session.

Presiding Commissioner Pennel declared a recess.

RECESS
3:56 PM

The minutes were taken and typed by Cristy Smith, Deputy Clerk.