Update 2014-08-25: There was some rationale for why the Commission voted to approve. See Videos: developer property rights and effects on neighbors, Leninco, Roger Budd, Lake Park @ LCC 2014-08-12.

With little notice local citizens didn’t have time to organize opposition to a rezoning for three companies domiciled outside Lowndes County on behalf of a developer who doesn’t even own the property next to them. Yet again no agenda was posted for the Planning Commission last month so few people showed up. More spoke at the Lowndes County Commission this month. But with so little time, only 38 people signed a petition, and there were no citizen-organized meetings, unlike for the Brookhaven rezoning back in March and April. Unlike the Lake Park City Council, which held a special public hearing, the Lowndes County Commission plowed ahead on its usual schedule and voted on a bare majority to approve anyway for a developer on which they are on a first-name basis, while local neighbors went un-named and unheeded. Does this seem right to you?

Toma Hawk videoed and edited together the Work Session of 11 August 2014 and the Regular Session of 12 August 2014 to emphasize this item from the agenda:

6.b. REZ-2014-14 Roger Budd Jr, Lakes Blvd (SR 376), R-10 to C-G, Water/Sewer, ~4.2 acres

Francis Lake opposition and 3:2 vote for anyway
Regular Session, Lowndes County Commission (LCC),
Video by Toma Hawk for Lowndes Area Knowledge Exchange (LAKE),
Valdosta, Lowndes County, Georgia, 12 August 2014.

Toma Hawk remarked:

The major agenda, most important to the majority of attendees, was an issue concerning 38-plus property owners of the Francis Lake Golf Course Community in regards to residential property being converted to commercial for a Family Dollar in their back yards. All were in opposition, but it did not make much difference, as plans were carried out anyways.

See also the LAKE video of the Roger Budd the 28 July 2014 Planning Commission meeting.

In the Work Session in Toma Hawk’s video, you can hear County Planner Jason Davenport say about the applicant:

Mr. Budd has a proposed tenant and a proposed sale for that property to Family Dollar. The problem with that proposed tenant and that proposed sale is that the layout of the Family Dollar wants is going to require Roger to acquire some additional property next to that … to square that off to a rectangle. It’s kind of got an odd non-trapezoid shape right now.

In order to do that, Roger approached the adjacent property owner, which is LENINCo or Francis Lake Golf Course, or John Leonard Jr. And through those negotiations, for about 50 to 100 feet of property, Roger agreed to buy the entire four acre piece.

Davenport didn’t mention that he hasn’t actually bought that property; see below.

So I believe his main motivation is to allow Family Dollar to locate on his property. But in addition to that he’s also looking long-term speculative uses of the property, so you’re going to see things going on. If Family Dollar did not have such a deal with Mr. Budd I don’t think this case would be before you. So that’s his main motivation.

Notice it’s familiarly “Roger”, “Roger”, “Roger”, but nobody among the opposition is named even formally.

At the Planning Commission meeting we had two people speak in opposition. Since that time opposition has ramped up. I’ve had about six people come by my office or call me. We received one letter of opposition you have in your packets. And one petition we’ve verified for about 38 properties who’ve signed that particular petition.

Um, verified by Lowndes County? With no citizen inspection? Believe that if you also believe in unicorns. I’ll be happy to remind everybody why.

Davenport continued:

You also have a map within your packets that shows you where the property owners are, and listing their addresses.

The packet that only Commissioners got and that is not online, because mighty Lowndes County can’t manage to do what Effingham County, half the size, does. Ditto Nash County, NC. Suwannee County, FL doesn’t, but one of its Commissioners does, and I’m told its County Clerk will email the packet to anybody who asks, before the meeting.

So the opposition doesn’t have that map, and even if they filed an open records request after the Work Session, they wouldn’t get it until three days after the Commission voted in the Regular Session the following evening.

Why doesn’t Lowndes County put its board packets online? Secrecy could lead people to think it’s because Commission and staff don’t want citizens to know, because then the opposition might be more than a nameless mass to be outvoted on behalf of first-name-basis developers who don’t even own the land being rezoned. As the VDT editorialized 3 March 2012:

When officials act like they have something to hide, they often do, and when they begin to consider the government’s business as their personal business, it’s time for the public to become concerned.

Does that sound like the situation you just saw in these videos?

Farther on, Commissioner Demarcus Marshall asked whether the applicant owned the property. Davenport said they’d checked into LENINCO, and it is a partnership between John Leonard Jr and his father. They have a contract with Roger Budd, but if the development falls through there would be no sale. So in other words, no, the applicant listed on the agenda, Roger Budd Jr., does not own the property.

According to the Georgia Secretary of State, LENINCO, LLC Control Number: K706031 doesn’t list any officers, only a registered agent: H DAVID MOORE, Corder Road, Suite 200, Warner Robins, Georgia 31088.

The property shape shown at the Planning Commission is entirely owned by LENINCO as Parcel Number 0199 050, according to the Lowndes County Tax Assessor. Which also lists the owner of two properties just to the west of LENINCO, parcel numbers 0198 193 and 0198 041, as owned by BUDD COMMERCIAL REAL ESTATE LLC, 308 7TH ST, SAINT SIMONS ISLAND, GA 31522. Those aren’t the properties of the rezoning, but that is the corporation Roger Budd Jr. apparently usually uses in Lake Park.

Family Dollar is incorporated in Delaware and based at 10401 Monroe Road, Matthews, North Carolina 28105, according to its FY 2013 SEC FORM 10-K.

Many citizens stood up and spoke, but apparently they weren’t on a first-name basis with county staff and commissioners. There was some concern by Crawford Powell about lighting next to a Ms. Miller. He then made a motion to approve with “all eleven conditions” which you, dear reader, have not seen, because the county does not publish its board packets. Demarcus Marshall seconded. I can see Joyce Evans vote no, but I can’t tell who the other No vote was.

So the Lowndes County Commission voted to rezone on behalf of three corporations domiciled outside Lowndes County, over the objections of at least 38 actual nearby property owners.

Here’s Toma Hawk’s description of his edited video:

Lowndes County, Ga. Board of Commissioners had a meeting on 8/11 and 8/12 of 2014 concerning a few issues, mainly one involving residents of the Francis Lake Golf Course community. Rodger Budd Jr of Valdosta, is one versus 38-plus property owners in opposition to his plan to sell land, converted from residential to commercial to Dollar General.

After a vote of 3-2 in favor of the commercial zoning decision, residents walk out of the meeting in dismay.

Most people who don’t regularly go to County Commission meetings would be similarly confused about that last part. It’s a chronic problem that citizens only show up for the one item that directly affects them, and walk out afterwards, no matter what the item or the outcome. This is a big reason why developers are on a first name basis with county staff and citizens are nameless “opposition”.

Maybe some citizens should proactively try to change that. Maybe by floating a petition for the Commission to post board packets and to allow sufficient time for citizens to read and organize before the Commission votes.

While they’re at it, remember tiny Effingham County YouTubes its own Commission meetings. As of course does Leon County, FL, like a real metropolitan area. Mighty Lowndes County brags about collecting half its SPLOST tax from people outside the county. Its Development Authority wants to attract businesses that like metropolitan areas. Why don’t the Lowndes County Commission and the Planning Commission and the Development Authority and the Valdosta City Council video and post their own meetings like a real metropolitan area? Maybe citizens should insist.

-jsq

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