Dougherty County Commission OKs land bank proposal

ALBANY — The Dougherty County Commission voted 6-0 Monday to establish a joint land bank authority with the city of Albany in an effort to, as Commission Chairman Chris Cohilas said, “make previously unmarketable property marketable.”

The City Commission is expected to vote on the matter at its April 25 meeting.

District 2 Commissioner John Hayes asked Albany-Dougherty Planning/Development/Code Enforcement Director Paul Forgey about oversight of a proposed seven-member board that would serve as the Land Bank Authority.

“You have oversight in a couple of ways,” Forgey said. “The board is appointed by you and the city, so you have oversight in that way. Also, since all action taken by the authority is subject to an annual audit, you have oversight there as well.

“Also, since these meetings are open to the public, you will know all action taken by (the proposed land bank board). The only authority that this group would have that is different from most appointed boards is that the Land Bank Authority would have the authority to sell and purchase property without the authority of the appointing boards.”

County Attorney Spencer Lee added that the city and county commissions have another level of oversight as well.

“There’s budgetary control, which is the strongest oversight you could ask for,” Lee said. “You and the city will determine from year to year the land bank’s budget.”

Lee also answered the criticism of William Wright who, as he had done at the City Commission’s meeting last week, accused the county officials of “rushing into this in 15 minutes” and of threatening to take property belonging to the poor “without due process.”

Lee said, “William and I go way back, and I have a lot of respect for him. But about 98 percent of what he’s said here today is misleading and wrong. We’ve been working on this land bank proposal for eight to 10 years, not 15 minutes as he suggests. And, if he thinks it violates the Constitution, I suggest he get a lawyer and bring suit against the city and county.

“State law specifically says that land banks have no eminent domain authority under any circumstances. So no one’s land is going to be taken.”

Also at Monday’s meeting, county Coroner Michael Fowler, who had previously asked and had the commission approve a proposal whereby the coroner could elect to be paid a salary or on a by-case fee basis, requested that the commission consider adding the office to the county’s retirement plan.

“I’m not asking for these benefits for myself, I’m asking that they be included for this position,” Fowler said.

The commission also signed off on an application for a $319,000 Criminal Justice Incentive Grant that will be used to fund a program aimed at at-risk youth.

The board got an update on the proposal to rezone 26.506 acres of a 184.5-acre tract on Pecan Lane from AG (agriculture) to M-1 (restricted industrial) so that Jim Boyd Construction might establish a site on which recovered materials could be repurposed. That issue has been a topic of interest because the city/county Planning Commission’s inability to attract a quorum of its members forced the commission to reschedule a planned hearing on the matter.

The Planning Commission voted at the rescheduled meeting to recommend approval of the request, under conditions that include restricting hours and days of operation at the proposed facility, development of an approved site plan, placement of a vegetative buffer to minimize the impact of dust at the facility and placement of the site as far from adjacent residences as possible.

The Albany Procter & Gamble plant is expected to be one of the facility’s first customers, as the home products maker looks to remove and repurpose concrete materials damaged by the tornado that destroyed a warehouse at its campus on Jan. 22.

“Procter &amble is very important to this community, but so are the folks who live out there,” District 6 Commissioner Anthony Jones said. “I’d like to see the site plan on this proposal and discuss it further because quality of life means everything to those folks out there.”

Planning Manager Mary Teter said a proposed site plan would be part of the public hearing on the matter scheduled at the commission’s April 24 meeting.

District 5 Commissioner Gloria Gaines was not at the meeting, as she and her family are mourning the passing of her mother, Daisy Gaines. A wake for the Gaines family matriarch is planned Friday, and funeral services are scheduled for Saturday.