Showing posts with label General News. Show all posts
Showing posts with label General News. Show all posts

Tuesday, December 13, 2011

ParkingGate: Lockett Denied Forensic Audit Again.


Augusta Commissioner Bill Lockett

Tuesday, Dec. 13, 2011
Augusta, GA
By Jill Peterson


Commissioner Bill Lockett brought up again at Monday’s committee meetings his desire to have forensic audits conducted in the Augusta-Richmond County government.  The wording on the agenda was as follows: 


Task the Administrator with utilizing the procurement process to solicit the services of an  outside forensic auditing firm to perform an audit of the city’s finances and contractual  obligations.  The audit must include but not be limited to the following: (a) TEE Center  Parking Garage/ Land Acquisition/ Associated Leases/ Financing, (b) Utility Department  Water Rates for Golf Courses/ Other Special Agreements, (c) Environmental Services  Division, (d) Augusta Transit Department Privatization, (e) Augusta Municipal Golf  Course Privatization, (f) Retroactive Pay Increases, (g) SPLOST Fund Projects, and (h)  Land Bank.  

In Lockett’s explanation of his request, he explains that he’s uncomfortable with the way the Commission was told land would be donated for the parking deck and how the contract for operating the deck is being awarded.  The land in fact was not donated leaving the city’s deck to sit on land owned by a private entity headed by the same individual who heads the entity in line for a no-bid operating contract of the deck.  He also mentions the strange deals in obtaining other bits of land to do with the deck which seem to have cost the city more than they should, especially strange in light of the fact that the city did not obtain the majority of the land. 


Lockett: There are so many unanswered questionswith the TEE center parking deck that it  calls out for an investigation. I’m not suggesting that any illegal actions occurred, but I do  know for a fact that lots of citizens of Augusta-Richmond County to include others from  outside the county are concerned about what has gone on utilizing the taxpayers’ money.   I’m concerned when we have outside attorneys doing real estate  transactions and at the  same time representing parties from both sides.  Now how can you get a good deal out of  that?   It doesn’t make  sense.  I’m not a lawyer, but I did teach business  law.  There are  just too many things.  I’m concerned when this body is informed about the possible  transfer of property and given a reason that a resolution  wasn’t necessary because the  Attorney General or someone had indicated that there was a  new  law that you didn’t have to do that, but nothing was provided to this body showing  that that was  indeed the case. 


I’m also concerned when outside counsel representing this government  was asked for  a document and indicated he knew he had it but could not find it because it  was in a stack of papers.  And I do believe this document does not exist.


This is part of what I feel that a forensic audit should do.  Sure, we have internal audits  every year, but the internal audits don’t look for this sort of thing.  We need to look and  see, and I would hope that if this body allows this government to employ a forensic  auditing firm, I would hope that nothing is found, but I have seen so many things that I  feel that would not be the case. 


The land bank I also questioned.  We need information on the past five years.  How much  land has been purchased by the city and at what cost?  What is the process used by the  city used to transfer land to the land bank and why?  When city property is transferred to  the land bank, is verification of sale required? 
***
(He goes on with more questions about the land bank and with his questions for the other issues he wants looked into.  Video of the entire speech will be available here in the next day or so.)

For this to get to the full Commission meeting, three of the four members of this, the Administrative Services Committe, would have to vote yes.  Bill Lockett voted yes, Alvin Mason voted yes, Matt Aitken was absent (and has not returned our call as of this writing), and Jerry Brigham voted no. 


Commissioner Jerry Brigham
City Stink called Jerry Brigham to ask him why he voted against this measure.  Commissioner Brigham says a forensic audit would cost too much, it would be truth seeking and implies a criminal violation, and that the proper channel for Lockett to take would be to go to the District Attorney if he thinks there’s something criminal.  He also said that, “in reality Lockett wants to put somebody in jail.  I’m not paying someone to investigate me.” 


Mayor Deke Copenhaver was quoted in the Urban Pro Weekly this week on the same topic and takes the same stance as Brigham.  Copenhaver: “A forensic audit implies that there’s been a crime committed and it is something that would cost a tremendous amount of money and take a tremendous amount of time.  I’m not in support of that.”


City Stink then called Commissioner Lockett for his response.  Lockett says that a forensic audit costs no more than an internal audit and that the D.A. or GBI would expect a forensic audit before getting involved.  He also said someone going to jail is the last thing he wants; he wants a government that complies with the law. 


So we seem to have differences of opinion as to whether looking for something criminal is desirable or not and how much a forensic audit would cost and whether or not it would be worth it.  Calls to the the accounting firm Cherry, Bekaert & Holland for cost comparisons between internal and forensic audits have not yet been returned, but price comparisons are definitely in order and will be followed up on by City Stink. 


JP
 

Monday, December 12, 2011

The Breck Boy's Trial Begins.....Finally!

Monday, Dec.12, 2011
Columbia County, GA
Dustin Goads

Well after multiple delays it appears that the child molestation trial  of former Columbia County Commissioner Scott Dean will finally get under way.


Dean was indicted back in February on two counts of child molestation against an adopted daughter from Guatemala. Judge James G Blanchard will preside over the trial after numerous continuances and delays. 


Dean's defense attorney is Pete Theodocion, who also happens to be representing David Fry in the alleged attempted bribery of two Augusta commissioners over the TEE Center in 2009.

Some are saying that Dean cannot possibly get a fair trial in Columbia County, while others contend that finding a jury not biased toward Dean will be a major challenge.


This will be by far one of the most watched trials in local history with all of the tabloid sensationalism one would expect from Hollywood.  And Dean looks the part, often arriving to court with a sun-kissed  Bieberesque quaff, Italian designer sunglasses, and donning dapper suits. 


Perhaps his attorney should tell him to downplay the "pretty boy" image a bit. This is a "child molestation" trial after all and maybe the "Tiger Beat" Cover boy look won't go over so well with jurists.. but then neither would a pencil thin pervy mustache and coke bottle glasses.. but then there should be a happy medium somewhere.  


If there is any winner in all of this mess it's the polticos in Augusta-Richmond County. Coming off a week of a public relations nightmare over Magnolia Trace and now a former commissioner (who was one who voted to endorse the project last year) on trial for child molestation, Columbia County politics are starting to look more dysfunctional than those of Augusta-Richmond County. Also, it's likely that the sensationalism of The Dean trial will take center stage in the local media over things like redistricting and parking deck management contracts in Richmond County that might excite only the most ardent local political junkies. Of course, we here at CityStink.net won't let that happen. We will continue to report the stench of Augusta politics and the news that the local mainstream media ignores.


But as they say "If you don't look good, we don't look good." However the trial turns out we somehow see shampoo ads in Deans future. ***


Update:
Scott Dean: GUILTY!


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Thursday, December 8, 2011

Magnolia Trace: Money Trail Traces to the Gold Dome

**City Stink Exclusive!**


Magnolia Traces to the Gold Dome
By IndyInjun

 Old Gomer Pyle used to say “ Surprise, Surprise, SURPRIZE!!!” Well, the money trail from Magnolia Trace , LLC to Affordable Equity Partners of Columbia Missouri, might fork, meander, double back, and double CROSS, but the sleuth hounds of Augusta Today and CityStink.net are rarely shaken or even stirred in pursuit. The quarry was found in the bowels of a gold-domed lair in Atlanta.

Does this surprise anyone? It shouldn't.

Affordable Equity Partners, Inc. boasts a leadership team headed by Jeffery Smith of parent JES Holdings, with affiliated companies named ES Dev Co, Inc., Fairway Construction Co., Inc., Fairway Management, Inc., and Capital Health Management, Inc. An article on StLouisToday.com exposes how Smith and his companies have played the campaign contribution and lobbying game very well in Missouri to the tune of capturing $26 million for low-income housing projects into 2009.


At this juncture, the process of following all of the related parties, employees, PAC's and agents is not complete. There will be more to come.

What is revealed so far by researching these entities' contributions via the Georgia Ethics Commission Campaign Contributor database?


At this juncture, the Augusta Today and CityStink.net team is investigating another Missouri based entity that was noted to be working in conjunction with the AEP affiliate Capital Health Management to fund one of these PAC's. The company has contributed many thousands of dollars to Georgia's Legislators.

Was it coincidence that Ron Cross, a Nathan Deal supporter, and Trey Allen, Nathan Deal's Columbia County Campaign Chairman, scurried to meet with Magnolia Trace developers in County Attorney Doug Batchelor's office? 



Or did they get calls from Casey Cagle, Nathan Deal, David Ralston, Ben Harbin, and Lee Anderson “encouraging” the meeting and their subsequent resolution in support of this unwanted public housing development?

Only the unforeseen and unpredicted are surprises.

Even a Gomer Pyle knows the score on this one.***

More to come.


Below is a pdf file showing the State of Georgia Housing tax credit plan that AEP helped write for itself into law. It's heavy reading for those of you with some time to kill.
AEPtaxcredits
Related Stories:


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Wednesday, December 7, 2011

Mislayed Overlay: The Video and Paper Trail on the Laney-Walker Overlay District

Wednesday, Dec 7, 2011

By Al M.Gray

Dee Mathis and this writer were placed on the agenda of the November 15, 2011 meeting of the Augusta Richmond County Commission to speak in opposition of the Laney Walker Overlay Zoning District. After our impassioned presentations, the motion to pass the overlay failed 4-6 and a motion to postpone to the January meeting carried 8-2.


Below are videos of Al Gray and Dee Mathis Speaking at the Nov 8th commission.



Earlier this week, a decision was reached by Augusta Richmond County to resubmit, re-notify, and re-hear the application for the much smaller W-4 Foundry Overlay, which the applicant for the overlay, APD Urban Planning and Management LLC, asserts was the intent of the failed attempt to pass an overlay.


We applaud this decision.

This latest development came after a meeting that Ms. Mathis and I attended with ARC officials last Tuesday, November 29, 2011. APD, the Housing Department, and the Planning and Zoning Departments insisted that the people of the W4 Foundry Node were properly notified and that the application as approved by the Planning and Zoning Board only referenced permitted land uses for that node. Our position was that upon receiving her notice in early October, Dee Mathis called P&Z inquiring about getting a copy of the Application and in response got a 40 page package with the application and clear indications that the overlay district was the 100's of acres, broader Laney Walker Overlay District instead of the small Foundry Node. *(please see the pdf files at the end of this article)


We also cited a direct email response from Lois Schmidt (see at the end of this article) to Ms. Mathis' inquiry after the application passed the Planning and Zoning Board on November 8. This response was labeled “Information provided to Ms. Mathis 10.8.2011” This also showed the larger Laney Walker map. Therefore it was our contention that the application was improperly changed inside of the 30 day notification period, which rendered the notification given invalid and incorrect.


Also, we noted to the city/county planning officialdom, that it was clear that the original application intended to address the wider Laney Walker Overlay district, because Augusta Today members had video from the October 18, 2011 informational meeting at the Tabernacle Baptist Church showing that the big Laney Walker overlay was widely discussed and presented, with APD's Warren Campbell referencing rolling out the larger overlay while standing in front of a map showing the Laney Walker zone with the smaller W4 District highlighted. (It is noted here for the sake of honestly reporting that he went on to say that the presentation was immediately focused on the W4 Foundry node.)  *****see video below:


We noted that the only folks notified of the informational meetings were residents of one corner of the Laney Walker district, while city/county officials and APD were clearly discussing the whole Laney Walker District, in particular Pine Street which lies in the center of the Laney Walker District. You can see the map and the discussion HERE. (see video below)


Not previously addressed to date is that the W4 Foundry node itself seems to have changed in configuration.

Yesterday, December 6, 2011, Ms Mathis and I were subjected to a very one sided "report"“ in the Augusta Chronicle in which P&Z continues to insist that this application was handled correctly throughout, suggesting that Ms Mathis and I are property rights zealots whose unreasonable demands must be mollified, lest ARC suffer costly litigation. Neither of us were interviewed for the story.

Summary

We believe that we fully documented that the Application was for the greater Laney Walker Overlay District and that the Application changed in midstream to the smaller W4 Foundry Node. We believe for the ARC Commission to have passed the “Laney Walker Overlay,” as it appeared on their agenda, instead of the “W4 Foundry Node Overlay”, would have been a grand mistake.

Wiser heads saw this evidence and prevailed, hence the decision to do the Foundry Node Overlay over and pass it in February. Now we have presented it to the public. We also hope Augusta and APD very quickly notify all of the Laney Walker residents and hold meetings with them, now that their future plans have been revealed.

Don't try to set the Augusta Chronicle straight by posting this article. Links to the new kid CityStink.net are prohibited by the South's Oldest News Paper.

We congratulate  CityStink.net for providing an outlet that presents the whole story, complete with links to source documents. We congratulate Augusta Today's team for videoing events that the rest of the Augusta media missed.

The Mislayed Overlay might just LAY the foundation for a new age of reporting in Augusta and the surrounding area. In the new media age, the people can see the evidence and judge for themselves.

Isn't that wonderful?

The Paper Trail
Below is the email Dee Mathis received from Lois Schmidt from Planning and Zoning followed by the .pdf files referenced in the article revealing the wider Laney-Walker Overlay District:
PZEmailSenttoDeeMathis
Below are the .pdf's of the documents Dee Mathis received by email :

Overlay Packet 
*****Do you have a story idea, a tip, or would you like to write for City Stink? Then please contact us at:  CityStink@gmail.com***
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Magnolia Trace: After The Storm (videos with enhanced audio)

Wed. Dec 7, 2011 
As we predicted,  there were indeed a lot of fireworks at last night's Columbia County Commission meeting. Angry residents, mostly from Martinez neighborhoods surrounding the controversial Magnolia Trace subsidized housing development now under construction off Old Ferry Rd, packed commission chambers giving commissioners an earfull.

Jennifer McCray, founder of the opposition group on Facebook: Say No to Magnolia Trace Housing Project gave a very civil presentation that voiced many of the concerns of the residents who were opposing the development and their frustration over being left in the dark by their elected officials. You can view Jennifer McCray's presentation below:


Other speakers were a bit more theatrical like afternoon radio talk show personality Austin Rhodes. We kid Austin, but he is in the theater. Also later in the video Commissioner Trey Allen addresses some questions and makes a motion to hire outside counsel. Ron Cross remains defiant. (see video  below):

And then you had the down right angry like this man (see video below)
Below is video of county attorney Doug Batchelor addressing the crowd: (see video below)


The whole meeting could have easily devolved into chaos with an angry mob storming the commission chambers with pitchforks and torches, but cooler heads prevailed. Jennifer McCray quickly emerged as the responsible and level-headed leader for the opposition.

At the outset it appeared that all the residents might be able to do was pack the chambers and voice their anger at the elected officials they held responsible for the situation. It appeared that trying to stop the development was a lost cause. However, in the end the opposition won a small victory. Dist. 2 Commissioner Trey Allen made a motion for the county to seek outside counsel to study the possibility of getting an injunction or getting the developers to alter their plans. That seemed to satisfy many residents.

CityStink.net spoke with Jennifer McCray, the main spokesperson for the opposition, and  asked if she was pleased with  the outcome of last night's meeting and she had this to say:

" Yes, I am pleased that the Commissioners are taking this seriously, and that they agreed to hire outside counsel. I am hoping that now  that they have seen the outcry from the community, they will be more willing to work with us and hopefully begin to build a relationship with the developer to try and find a happy compromise to this situation."

But others are not so optimistic about the decision to hire outside counsel. Austin Rhodes called it nothing but "window dressing." Many other citizens are still skeptical of the outcome from yesterday and see it as a "stalling tactic".  The actions of the commission last night does not halt construction on the Magnolia Trace development. It will be interesting to see who the county hires as outside counsel and how vigorously they will pursue the matter. Or will outside counsel just tell the commission what they already know and stick taxpayers with a big bill. That  seems to be the sentiment of critics like Austin Rhodes.

We asked Jennifer McCray what her group was prepared to do if they are not satisfied with the results from the outside counsel. We asked if the opposition group would file its own lawsuit to halt the development. Ms McCray responded:

"I don't know that a lawsuit of any kind could stop this. What we will need to find are loopholes that we can crawl through to stop this, or at least change the course. I hope that we can begin a dialogue with the developer to reduce the number of low income families being placed in those units, and instead balance it with elderly or disabled citizens."

Ms McCray was not impressed with Ron Cross' attitude towards the citizens at last night's meeting.

"I was appalled at Mr. Cross' behavior last night in the meeting. As an elected official, especially as Chairman,  I would expect him to keep his actions and comments as professional as possible. Attempting to bate the crowd with witty comments and outright sarcasm, I personally feel was juvenile and petty."

Even though opponents did win a small victory last night, this saga is far from over. CityStink.net is working new leads on this story that could bring an entirely new dimension to it, possibly bringing much bigger names into the mix. Stay tuned, we will keep you updated as we learn more.***

*CityStink.net would like to thank Jill Peterson for providing the videos and Kurt Huttar for enhancing the audio.*

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Tuesday, December 6, 2011

Magnolia Trace: Expect Fireworks in Evans Tonight


Tuesday, Dec. 6, 2011
Evans, GA

It may not be the Fourth of July, but expect to hear some loud fireworks over the Columbia County Government Center in Evans tonight. Angry residents from Petersburg Station and other Martinez neighborhoods surrounding the controversial Magnolia Trace low-income rental housing development plan to show up in large numbers at tonight's commission meeting in protest of the development that was unanimously approved by commissioners last year. They contend that the high density low-income subsidised rental housing will erode their property values, increase crime and put a strain on neighborhood schools.

A Facebook Group opposing the development called  Say No to Magnolia Trace Housing Project boasts over 225 members and that number appears to be growing by the hour. But will that translate into a large showing at tonight's Columbia County Commission meeting?

The group has directed their ire particularly at Commission Chairman Ron Cross, who has said that the development will be a positive for their "older community"  and Trey Allen, The District 2 commissioner who represents Martinez and has also been supportive of the development.  Many are particularly displeased with Allen for not showing more concern for their property values when he was a vocal opponent of stadium lights at Augusta Prep because he maintained they would erode his property values in Spring Lakes. Opponents of the Magnolia Trace subsidised housing contend that this development will have a far more negative impact on their property values than "stadium lights."

Though Commission Chairman Ron Cross appears to be an enthusiastic supporter of the development, Sheriff Clay Whittle and School Superintendent Charles Nagle are being more cautious. There are concerns that the influx of more low-income students into that part of Martinez will make Lakeside High a Title 1 school. Sheriff Whittle also has raised concerns about crime from other rental properties in the county, especially apartment complexes, but is cautiously optimistic given assurances that the Magnolia Trace development will require criminal background checks for applicants.

Still, neighbors of Magnolia Trace are not in the least bit "optimistic" and it is still not quite clear if they will be able to stop this development. The Georgia Department of Community Affairs has already issued the subsidies and the development is already under construction. What particularly angers the resaidents is that they were not consulted or made aware of the nature of this development before the commission gave its approval last year.

Even if they cannot stop the development at tonight's commission meeting, they still want to voice their anger over the actions of their elected officials in this matter. They may not show up with pitchforks and torches (organizers haver promised to keep the protests civil), but tempers most certainly are running high. In fact some people are calling for the re-call of Chairman Ron Cross and commissioner Trey Allen. That's not likley to happen under Georgia's re-call laws, but it illustrates the anger and frustration some residents feel over this and  what they contend is a disconnect among the elected officials and their constituents.***

CityStink.net Continuing Coverage
CityStink.net will have a correspondent covering tonight's Columbia County Commission meeting and we will bring you the report (including video) as soon as it becomes available.

If You Go:
What time?:  6:00pm today
Where?:   Columbia County Government Center Complex Auditorium, 630 Ronald Reagan Drive, Evans
Issue:       Citizens presentation Protesting The Magnolia Trace Low Income rental housing development .

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Monday, December 5, 2011

New Elections Law Could Save The CABAL by Suppressing Voter Turn-out

Monday Dec. 5th, 2011
The Outsider



UPDATE!! It was reported today February 24, 2012 that a bill sponsored by Stat Rep Barbara Sims (R. Augusta) has passed the House that will officially move Augusta Commission races to the July primary.
Read the Augusta Chronicle Article Here: House Votes to Move Elections to July




If you haven't read Georgia House Bill 158 (included at the bottom of this article), which was enacted into law during this past General Assembly session , you really ought to because it will have major ramifications for commission and other non-partisan elections in Augusta-Richmond County.

What this new law will effectively do is take all non-partisan races off the General Election ballot (held on the first Tuesday in November) in consolidated local governments and place them on the General Primary Ballot in July.

What that means is that Augusta-Richmond County commissioners, the mayor,  and school board members will be elected  in July instead of November.

Suppressing Voter Turnout
Many people fear that this change will drastically suppress voter turnout for key local races. With July being the height of mid-summer vacation season, it historically has much lower turn-out than the General Election where high profile state and national offices appear on the ballot such as The President, Governor, Senators, and House of Representatives. Also, black voters have an historically lower turnout  in mid-summer primary elections versus the General Elections, and some fear that this law is an effort to further suppress black turnout in these local races.

The last census showed gains for blacks in Augusta-Richmond County and the new redistricting map  for commission and school board districts that was approved in committee last week and goes before the full commission tomorrow could change the balance of power. District 1 looks very likely to flip, and District 6 could possibly flip as well, with the black population increasing by almost 10% in that newly drawn district. At the very least, it appears that the balance of power could return to a 5-5 racial split as it was prior to 2010. However, if District 6 also flips in favor of a black candidate, then it would be the first time since the consolidated government took effect that blacks held the majority on the commission. It would be a complete role reversal from what currently exists. many observers say that it is only a matter of time, a couple of election cycles, before this happens.

But HB-158 could neutralize the new electoral advantage for blacks in Augusta-Richmond County by moving the elections to the lower turnout mid-summer general primary ballot, when black voters are less likely to show up at the polls.

The new law would also move up qualifying dates from June to April and create a new Non Partisan Election Ballot that would appear at the bottom of the general party primary ballot. Voters who do not wish  to vote in any of the party primaries could request just the Non Partisan ballot. But this set-up still could be confusing to some voters, mingling non partisan races on  party primary ballots.

Back Door Way of Ending Non-Partisan Races in Augusta
There of course is a fix for this dilemma but it's one that many people may not want to stomach. These changes in local non partisan elections only effects consolidated governments, which so far there are three in Georgia. Augusta-Richmond County, Athens-Clarke County, and Columbus-Muscogee County. If these consolidated governments want to continue to hold their local races on the November General Election Ballot then they will have to make those races partisan.

That would mean to run for commission, mayor, or school board, candidates would have to run under a party label or qualify to run as an Independent. This would also open up a primary process for candidates competing for party nominations for local races. Independents and third parties fear that with local races being dominated by the two major parties and making the rules, they will be left out of the process. Either way, there's not an easy solution. Commissioner Joe Bowles has called the whole idea of moving local non-partisan races to July as "stupid", and he probably will have many people agreeing with him. However, for those fearing that the demographic shift in Augusta will usher in a new ruling majority, HB-158 could be their salvation to hold on to power. In fact one would almost think that HB-158 was written specifically with The Augusta CABAL in mind.****

UPDATE!! It was reported today February 24, 2012 that a bill sponsored by Stat Rep Barbara Sims (R. Augusta) has passed the House that will officially move Augusta Commission races to the July primary.
Read the Augusta Chronicle Article Here: House Votes to Move Elections to July

View HB-158 (Now Law) Below:
GA-HB-158


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Wednesday, November 16, 2011

Where Does Your A.R.C. Commissioner Stand on Property Rights and Due Process?

The Sensible Six
The following six commissioners stood on the side of individual property rights and the rule of law by voting against an incomplete Overlay Zoning District application for Laney-Walker/Bethlehem at the Nov 15th Augusta Commission meeting that could have impacted individual property rights throughout the county. They wanted more caution and a more thorough and complete process that included homeowners. 
Corey Johnson (D2)                 Grady Smith (D10)                        J.R.  Hatney (D9)

Wayne Guilfoyle (D8)                      Al Mason (D4)                            Bill Lockett (D5)


The Foolish Four
The following four commissioners voted in favor of the incomplete overlay zoning application. They sided with the private out of town developer and against long time homeowners in the Laney-Walker area and property rights advocates. These four wanted to rush through an application that was incomplete and would likely not withstand a court challenge. These four commissioners voted against property rights, due process and the rule of law.
Matt Aitken (D1)                   Joe Bowles (D3)                         Jerry Brigham (D7)                   Joe Jackson (D6)


And Deke
Though the Mayor didn't get to cast a vote on the overlay zoning district proposal, he lobbied very hard for its passage. He even brought in a  Pastor Aline Scott to speak as a resident of Laney-Walker in favor of it. But Pastor Scott was not even on the agenda to speak before the commission. And pastor Scott does not reside in Laney-Walker. In fact, Deke allowed Pastor Scott and the developer rep. seeking the OZD to speak more than once, a privilege he did not afford the opponents of the OZD who actually bothered to go through the process to get themselves on the agenda for that day's meeting.
Augusta Mayor Deke Copenhaver
Contact your Commissioners and the Mayor and tell them how you feel about their position on property rights and upholding due process and the rule of law: Contact Augusta Commissioners and Mayor

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Tuesday, November 15, 2011

Dee Mathis Wins Battle Over Overlay Zone at The Marble Palace...For Now (Videos)

Dee Mathis Claims Victory at The Marble Palace

Augusta, GA
Dee Mathis and her allies reigned victorious after the Nov 15th Augusta commission meeting in halting approval of a proposed overlay zoning district for the Laney-Walker/Bethlehem neighborhood. You can read more about the background over this here: CityStink: Commission Set to Vote Today on Overlat Zone.

Bringing a flock of supporters, Dee Mathis was joined by veteran property rights advocate, Al Gray, in making oral presentations before the commissioners as to why they should deny approving the application for the overlay zone as submitted by the developer.

In the end a majority of commissioners, in a 4-6 vote, sided with Ms Mathis and Mr Gray and denied the application. A second motion was approved that would have the commission revisit the overlay proposal at the first scheduled commission meeting in January 2012. You can watch videos of the proceedings at the commission meeting below.

Al Gray's Presentation :


video courtesy of Kurt Huttar

Dee Mathis' Presentation:




video courtesy of Kurt Huttar

More Video from Later in the Meeting when the Vote was Taken:


video courtesy of Kurt Huttar

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Commissioners Set to Vote on Overlay Zoning District Today for Laney-Walker/Bethlehem

 Will Dee Mathis and her allies be able to stop the Overlay Zoning District?
Augusta, GA
Today is the day when Augusta commissioners will vote to either approve or halt a controversial proposed overlay zoning district for the Laney-Walker/Bethlehem neighborhoods in inner city Augusta. CityStink.net was the first in the media to tell you about the concerns over the overlay zoning proposal on October 6th in Urban Redevelopment or Land Grab?

Laney-Walker homeowner Dee Mathis got wind that the Augusta Planning and Zoning Department was planning to quietly approve an Overlay Zoning District for her neighborhood on October 3rd. Ms Mathis nor any of her neighbors had previously heard about this proposal and none of them were notified prior to the Oct 3rd meeting. Ms Mathis and property rights activist Mike Sheil, showed up at the meeting and challenged the legitimacy of the proposal moving forward because property owners had not been properly notified. Ms Mathis and many of her neighbors wanted more specifics about how the zoning changes would affect them and the use of their property. There were also concerns that the overlay zoning district would introduce commercial zoning into areas that are now zoned residential and impose architectural review guidelines on existing property owners. Because of the challenge by Ms Mathis and Mr Sheil, the vote by Planning and Zoning was postponed until Nov 7th.
Dee Mathis, Laney-Walker Homeowner
The Dog and Pony Shows
In the mean time, Planning and Zoning began to notify the affected property owners by mail and a series of informational seminars were scheduled to supposedly give residents more specifics. Dee Mathis kept requesting  all of the details of the proposal that would actually be voted on, but instead got mostly "vague" concepts and pretty water color sketches.... but not a lot of specifics. As you are probably aware, when dealing with Augusta government it's always important to get the specifics in writing.

The seminars were not much more informative. Critics referred to them as being more "Dog and Pony Shows" than being informative and offering  specifics. It became obvious to homeowners like Dee Mathis, that the seminars, conducted by the private developer requesting the overlay zone and The Augusta Housing Authority, were mostly propaganda sessions designed to mislead residents with pretty water color sketches that had little to do with what would actually be voted on in the application.

In fact, Dee Mathis and a group of allies found glaring inconsistencies, vague language, and an application that was essentially incomplete. How could an incomplete application be approved? Well, according to the law, it shouldn't. But that didn't stop the Planning and Zoning Department from giving their seal of approval to the Overlay Zoning District on  November 7th, despite the objections raised by Ms Mathis and her allies. However, for the overlay zone to go into effect, it would need approval  from Augusta Commissioners. And that is where we are today.

What Will Commissioners Do?
Commissioners will take up the Overlay Zoning District at today's 5pm BOC meeting at The Marble Palace. Inside sources are telling CityStink.net that Dist 1 Commissioner Matt Aitken (who represents the bulk of the proposed Overlay Zoning District) plans to vote in favor of the OZ. Commissioner Jerry Brigham (Dist 7) has  made public statements indicating that he would likely support it as well. So will this vote fall along mostly racial lines with white commissioners voting in favor of imposing  an overlay zoning district in a mostly poor , and black inner-city neighborhood at the behest of a private out-of town developer? What about the "cafeteria" sometimes-leaning-libertarian Mayor Pro-tem Joe Bowles? Will he side with the property rights activists and the rule of law? Or will he fall in line and side with the private developer and approve restricting property rights and approve an incomplete application with inconsistent and vague information that would likely not withstand a legal challenge? Where do minority Commissioners Mason, Lockett, Hatney, and Johnson all stand on the Overlay Zoning District?

The Dee and Al Show
Dee Mathis will be joined by ally and property rights advocate Al Gray at today's commission meeting. Both are on the agenda to speak before the commissioners in opposing approval of the ordinance. Ms Mathis has also been organizing her neighbors and supporters on Facebook to pack the commission chambers today at 5pm to stop the overlay zone. Al Gray is scheduled to speak first.
Property Rights Advocate, Al Gray
Mr. Gray is no stranger to these sorts of battles. He successfully challenged a similar overlay zoning district in Columbia County for the Evans Town Center area. Though not a resident of Richmond County, Mr Gray is coming out to lend his support and knowledge to Ms Mathis and the residents of Laney-Walker/Bethlehem in fighting against this proposal. For Mr Gray it boils down to the simple issue of protecting individual property rights and following the rule of law.

CityStink.net received the following press release from Al Gray regarding today's vote:

PRESS RELEASE!!!! PRESS RELEASE!!!!: 

Property rights activist and overlay zoning district veteran Al Gray has the following comment on the overlay motion coming before the Augusta Richmond County Commission Tuesday night.

-----------------------------

The Augusta Richmond County government has been caught with its pants down so often Sheriff Strength could arrest them all for indecent exposure, yet it is poised to execute a plan initiated by a private entity that fails its own ordinance in uniformity, required notices, and completeness. This malignant plan as it is being executed is a dagger to the private property rights of every Richmond County landowner from McBean to Warren Road. Richmond County citizens are being told "trust us" yet again. They say this...."Trust our plan. We don't know the details, but we MUST pass it to before you find out what is in it."

When these overlays came to Columbia and Lincoln Counties, they were met with public hostility to the point that there was nearly a riot at the Columbia County Planning Commission in 2000. (Reporters at the Columbia News-Times of that day can attest to this as can Columbia County Commission Chairman Ron Cross who was seen on the front row waving his fist and being decidedly loud in defense of property rights.) The overlay ordinances had to be scaled back to meet public acceptance. The Evans Town Center Overlay was thrown out in Superior Court for lack of notification, yet many Laney Walker residents had not been notified as recently as October 25. In Lincoln County, negating a corridor overlay was a key campaign issue in Chairman Wade Johnson's victory in 2008 and the proximate cause of the firing of his Planning and Zoning Director.

We trust that residents throughout Richmond County are acutely aware of the many recent failings of its government and have ample reason to be terrified at what lies in store for their most precious property rights at the hands of these failed "leaders."

I suggest you all wake up. Now.

Al Gray
_________________________________________________________________


What Will Happen Next?
Inside sources are telling CityStink.net that the commission will likely approve the overlay zoning district proposal at today's meeting. However, commissioners could be swayed by a large turnout of residents in opposition at today's meeting. Dee Mathis has been making the rounds of local talk radio and has been busy getting the word out. Also, the property rights and rule of law arguments made by Mathis and Gray may also have an impact on some commissioners. 

However even if the proposal does pass today, Al Gray doesn't see it as a defeat but rather just the beginning: "The vote is (really) meaningless as the matter violates notification, common purpose, and completeness requirements of the application." 


Most opponents believe that the ordinance, if passed in its current form, could not pass a legal challenge in the courts.


CityStink.net Coverage
CityStink.net video correspondent, Mary Dits, will be covering today's commission meeting and will have a full update on The Mary Dits Report, So stay tuned to CityStink.net and we will have Mary's video coverage online as soon as it is available.
Mary Dits, video correspondent CityStink.net
What to Know if You Plan to Attend:
  • What: Augusta Commission Meeting 
  • Where: Augusta-Richmond County Municipal Building, 530 Greene St, Room #803
  • When: Today (Tuesday Nov. 15th) at 5:00pm
**Advisory** You are encouraged to arrive early if you want a seat in the chambers. Protest signs are not permitted inside commission chambers. Opponents of the Overlay Zoning District proposal are planning to wear GREEN to show solidarity.

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