FAYETTEVILLE — The Washington County Quorum Court appears ready to remove itself as the board of appeals on decisions made by the county planning board and the zoning board of adjustment.
During the Quorum Court County Services Committee meeting Monday, an ordinance was brought forth by District 12 Justice of the Peace Ann Harbison, asking for the Quorum Court to be eliminated from the appeal process. Harbison stated that the main reason behind the ordinance was to save taxpayer dollars and to take out a part of the appeal that wasn't necessary in the first place.
"This is not an ordinance I'm bringing because it restricts public comment," Harbison said. "I think all of the public comment is already made to the planning board, and I just feel like this is an unnecessary step.
"I think we have a competent planning board and we need to leave those decisions to them and take us out of the appeal step because I just don't think it's necessary."
Harbison, like many of the other county services committee members, argued that no matter what the Quorum Court decided in the appeal process, cases would usually go onto circuit court either way. But despite the motion receiving a do-pass recommendation from the committee Monday, not everyone agreed it was the right thing to do.
District 4 JP Rex Bailey - who represents the eastern portion of Springdale - was not in favor of the ordinance and thought the Quorum Court's role in the appeal process was significant.
"I think it comes down to accountability," Bailey said. "I believe we need to be accountable. The planning board are not elected officials, and we are.
"We don't need to put it on the planning board, and I think the Quorum Court needs to hear all appeals."
The Quorum Court has heard two appeals this year following a planning board and zoning board of adjustment decision. In March, the court over-turned the zoning board's vote to deny a conditional-use permit to Big Red Dirt Farm LLC. Then most recently on Sept. 1, the Quorum Court agreed with the planning board's decision to deny expansion to The Rogers Group concerning its limestone rock quarry near Wedington Woods.
With just two appeals to work with, planning board member Jim Gallagher said the Quorum Court shouldn't be removed from a still fairly new process.
"I personally would like to see you stay in the process, and if you don't, I understand and it makes great sense," Gallagher told the county services committee during public comment. "But it's also a burden on the average citizen if you take it out of this room and sent it up to circuit court."
Despite hearing requests from Gallagher and Dave Bolen - who represents the West Fayetteville Citizens for Environmental Quality - to stay in the appeal process, the do pass ordinance will now make its way to the next scheduled full Quorum Court meeting on Oct. 8.
"When it comes down to the bottom line, our decision [in the appeal] really doesn't matter," Harbison said. "Because whoever loses is going to appeal to the circuit court anyway.
"So it's costly and it's a waste of taxpayers' money, and it's just an unnecessary step."
News, Pages 1, 7 on 09/22/2009