GAINESVILLE – The Hall County Commission voted to suspend three public hearings Thursday evening after an inaccuracy in the required advertising that announces a public hearing was brought to light.
It all began when the individual representing property owners in the Silverthorne Subdivision told commissioners, “(An) issue that came to my attention today that I think is a fatal flaw out of this proceeding today is that we don’t think there has been proper notice posted regarding this site.”
The homeowners group Gainesville attorney Wesley Robinson represents is opposed to a rezoning application by Casey Walker/CSC Properties, LLC, for 3.63-acres adjacent their subdivision that will allow for the construction of a convenience store at the intersection of McEver and Lights Ferry Roads.
Robinson displayed an image to the commissioners and said, “I have a photograph of the sign that was posted on the site…but you can see the sign clearly has advertised the location for your normal meeting place out on Browns Bridge Road; it doesn’t have this location. We don’t think that complies with zoning procedures.”
Robinson was referring to the change of venue necessitated by renovation work currently underway at the Hall County Government Center on Browns Bridge Road. While the normal county commission meeting site is unavailable for use, meetings have temporarily been moved to the Gainesville Civic Center.
Robinson then cited several legal references that require accurate information to be posted whenever a public hearing is scheduled. “We don’t think you can move forward with that improper notice on that sign,” he said, then added, “I’d like to make that a part of the public record.”
Commissioners decided to continue the public hearing portion since a large number of people had made the trip to the Gainesville Civic Center, wanting to address the rezoning application, with as many as ten standing in line, hoping to address the commissioners.
After all comments had been heard, Commission Chairman Richard Higgins announced to the audience, “On advice of our attorney, because of the misinformation on the zoning sign, we will continue this zoning hearing to the next meeting in November.”
Hall County Attorney Van Stephens added to Higgins remarks by saying, “Given the information on the sign, it may be best to just continue the public hearing, so that as we re-advertise this for the next (meeting), if there is somebody that…wants to speak they would have a chance to speak at our next hearing.”
Stephens pointed out that it would not be necessary for public comment made Thursday evening to be presented a second time, that what was said would be on record and a part of the overall rezoning application process when it resumed November 10th.
Commissioner Shelly Echols said, “I just don’t want people to feel they need to come back.”
“That won’t be necessary at all,” Stephens reiterated.
Commissioners agreed to extend that policy to the two remaining items on Thursday’s agenda, taking public comment and allowing all sides to be heard on the issues. Both of those rezoning applications will be carried over, resumed and decided on November 10th, as well.
