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[Shelbyville Times-Gazette]
Shelbyville, Tennessee ~ Friday, January 9, 2009
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Waiver proposed for fire victims

Wednesday, January 10, 2007

Bedford County Board of Commissioners has proposed waiving county permit fees for persons rebuilding after a fire or other natural disaster; the fees will be waived in the specific case of Bain Williams while the commission studies how to implement the change on a permanent basis.

Commissioner Bobby Fox asked for the change; Williams, who lost his home to fire, is one of Fox's constituents.

The change will have to go through Bedford County Planning Commission and then back to the county commission for approval. The exact legal wording will have to be determined -- how do you define what is an eligible disaster? Will there be a time limit for rebuilding, or a limit saying that only the owner at the time of the disaster can take advantage of the waiver?

The rebuilding issue was one of several matters related to zoning, growth and development considered Tuesday night by the county commission at its regular monthly meeting:

Adequate Facilities Tax: After years of lobbying and preparation, Bedford County began collecting the "adequate school facilities tax" Jan. 1 on new residential construction. Commissioner Roger Brothers estimated that the tax will raise $350,000 during the remaining six months of the fiscal year. Commissioners formally voted to place the tax proceeds into a debt service account. According to the state law which authorized the tax, its proceeds must be used for school construction.

Subdivisions: In recent months, Brothers and commissioner J.D. "Bo" Wilson have expressed outrage during committee meetings at the fact that a parent giving land to a child must file a subdivision plat with the county in order to do so. Wilson raised the issue Tuesday night.

"That may be governed by a state law that we can't wriggle around," said County Attorney John T. Bobo.

If an exception were made allowing parents to escape the subdivision plat, unscrupulous developers could easily create small unregulated subdivisions by first giving property to family members, then selling the individual properties once the new deeds had been created.

Wilson was not satisfied by Bobo's explanation and asked for a ruling from the state attorney general. If necessary, Wilson would even favor a private act or other special legislation applying to Bedford County.

Bobo said that it usually takes time to get an attorney general's opinion; in the meantime, he said, he will consult with the University of Tennessee County Technical Assistance Service (CTAS).

Planning commission: Commissioners passed a clarification to the Bedford County Planning Commission bylaws specifying that county commissioners may serve on the planning commission but may not chair it.

County commissioners also voted to appoint Charles Craig to the planning commission seat vacated by Marty Davis. Davis resigned his seat after being named general manager of Bedford County Utility District.

Road list: Commissioners approved the annual list of county roads for maintenance.

Pit bulls: Commissioners struck an item about pit bulls from their agenda because the issue is still being studied by the county's law enforcement committee, with a report not expected until March. Commissioner Billy King said exotic animals need to be considered for regulation as well; Commissioner Mark Thomas responded that the approach now being considered by the committee, regulating "vicious animals" based on behavior rather than breed, would apply to exotic animals as well. Some commissioners have criticized the "vicious animal" approach, however, since it is reactive rather than pro-active; an animal must display some sign of bad behavior before action can be taken, and by that time it may be too late.



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