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January 22, 2007 (Regular Meeting) Page 293 <br />Support, Adult Protective Services and Guardianship, and Child Protective <br />Services and Foster Care/Adoptions. She reviewed the standards adopted by <br />the American Bar Association for the practice .of law in child welfare <br />agencies and the recommended caseload amount according to the National <br />Association of Counsel for Children and the National Legal Resource Center <br />for Child Advocacy. Potential problems associated with high caseloads were <br />also identified. She reported currently, the two individual staff attorneys <br />manage the cases assigned to them with no oversight regarding legal <br />performance and identified several problems with this arrangement. She <br />identified the benefits a managing attorney would offer the Agency, <br />summarized the problems associated with failing to address identified <br />problems, reiterated her request for an Attorney II position and stated her <br />availability to answer questions. <br />Ms. Russell responded to numerous questions-from the Board <br />Several Board members expressed concern about having to manage a <br />professional employee. <br />Chairman Carruth suggested this item be tabled until February and to <br />receive input from the Social Service Board of Directors. <br />UPON MOTION of Commissioner Mynatt, seconded by Commissioner Privette <br />with Chairman Carruth, Vice Chairman Juba and Commissioners Mynatt and <br />Privette voting for and Commissioner White voting against, the Board tabled <br />the request to establish an Attorney II position for the Department of Social <br />Services until the February work session and invited the Social Services <br />Board Chair to attend the meeting. <br />(G-3) Request for Refund of Rezoning Fees by Archie Smith <br />At the Board's request, Jonathan Marshall, Commerce Director, reviewed <br />the statutory requirements concerning notification procedures used in large <br />and small-scale rezonings, including the use of direct-m.=flings, newspaper <br />advertisements and posting signs on the affected property A copy of these <br />statues was previously provided to the Board. With regard to Mr. Smith's <br />property, he reported the notification procedures outlined in the statute <br />were followed and the property owners were notified by direct mail using a <br />postcard. He said he has no reason to doubt that the property owners did not <br />see the notification that came to them. He recommended all affected property <br />owners be notified by direct mail with an actual letter and envelope, should <br />the Board want to change its notification procedures. However, he pointed <br />out there would be a cost and time consideration associated with this option <br />with no guarantee the property owner will read the direct mailing. Second, <br />he recommended the County continue to use half page advertisements in the <br />local newspapers in addition to posting the public hearing notification on <br />the County's website. He also commented on the impracticality of posting <br />rezoning signs on property affected in large-scale rezonings. In conclusion, <br />he reported these changes would need to go through the -Planning and Zoning <br />Commission and asked if there were any questions. <br />Mr. Marshall responded to a question from Commissioner Mynatt <br />concerning the use of automated telephone messaging to notify property <br />owners. <br />There was a brief discussion on the prudence of notifying affected <br />property owners by direct mail and whether to use regular mail or certified <br />mail. <br />Mr. Marshall verified the procedures for adopting a text amendment as <br />outlined by Chairman Carruth. <br />Next, Mr. Marshall addressed the refund itself. He reported initially, <br />there was discussion on how to classify refund requests and how to develop a <br />methodology and criteria for the Board to consider. He stated there had been <br />no requests for refunds in the past 19 years and it is difficult to <br />categorize the request. Since all property was originally zoned through a <br />mass rezoning, he said the Board may want to only consider refunds for mass <br />rezonings and place a time limit on the request. He pointed out that the <br />Smith's refund request was received a year after the property was rezoned. <br />He suggested the Planning and Zoning Commission be authorized to consider <br />refund requests since they have been entrusted with the rezoning initially <br />and statutorily has the final say on the rezoning. He further reported the <br />Board may receive two more refund requests from property owners affected by <br />the 2005 mass rezoning. <br />