Category Archives: Law

The Covenant at James Road @ LCC 2013-07-09

“All right, we’ll take one more!” said County Chairman Bill Slaughter in a public hearing at the 9 July 2013 Regular Session of the Lowndes County Commission. The Commission declined to enforce a covenant for the neighbors, but it is still playing enforcer for a garbage company owned by investors in New York City.

5. Public Hearing — REZ-2013-07 Leatherwood, 2402 or 2406 James Rd. R-1 and R-21 to R-10, LC Water and Sewer, ~0.71 acres

REZ-2013-07 map 1 County Planner presented the case the same way he did the previous morning at the Work Session. This time they had a copy of the agreement with the neighbors signed by the applicant. The neighbors still wanted the Commission to guarantee that covenant.

REZ-2013-07 map 2

Speaking Against

Curtis Hankins, 2109 Jeff’s Place, said Continue reading

Valdosta budget with goals and accomplishments for each department

It’s too bad nobody came to Valdosta’s two public budget hearings, because the city prepared 183 slides with details for each department, including goals and accomplishments. On the LAKE website is that presentation sent on request by City Clerk Teresa Bolden, and converted to HTML by LAKE. Plus the actual budget. No open records requests were required. Oh, and Valdosta runs garbage collection on a balanced budget without any exclusive franchises.

Valdosta News PR 20 June 2013, City Delivers a Balanced Budget: No property tax increase proposed for citizens,

The Valdosta City Council approved the fiscal year 2014 budget for the City of Valdosta at the June 20 City Council meeting, after having the opportunity to hear the proposed budget at the hearings on June 11 and 12. City staff presented the council with a balanced budget, as required by the City Charter, possibly one of the most challenging and difficult budgets prepared in years.

City leaders decreased the overall city budget from $86.2 million to $77.3 million, a result of Continue reading

Videos: Water, Sewer, Video Arraignment, and Backups @ LCC 2013-07-08 @ LCC 2013-07-08

Not big enough, I guess:

I don’t have any interest at all in this board enforcing covenants like that.
Commissioner Richard Raines said that at yesterday morning’s Work Session about a covenant the neighbors want a rezoning applicant to sign, yet it was Commissioner Raines who made the motion last fall to let an Exclusive Franchise with Advanced Disposal Services; a covenant the county is now trying to enforce by suing local business Deep South Sanitation. They said nothing about that 100 foot wide pipeline barrelling through the county. They vote tonight, 5:30 PM.

County sound still wasn’t working, going on a month now, back in the videoing pen in the back of the room, so what you hear is what we hear back there, as recorded by the LAKE camera.

Here’s the agenda with links to the videos and a few notes.

LOWNDES COUNTY BOARD OF COMMISSIONERS
PROPOSED AGENDA
WORK SESSION, MONDAY, JULY 8, 2013, 8:30 a.m.
REGULAR SESSION, TUESDAY, JULY 9, 2013, 5:30 p.m.
327 N. Ashley Street – 2nd Floor
Continue reading

Water, Sewer, Video Arraignment, and Backups @ LCC 2013-07-08

A very light agenda for the Lowndes County Commission, still avoiding topics of public interest, such as that 100 foot wide pipeline barrelling through the county and the county suing a local business to the benefit of a monopoly owned by investors in New York City.

Here’s the agenda.

LOWNDES COUNTY BOARD OF COMMISSIONERS
PROPOSED AGENDA
WORK SESSION, MONDAY, JULY 8, 2013, 8:30 a.m.
REGULAR SESSION, TUESDAY, JULY 9, 2013, 5:30 p.m.
327 N. Ashley Street – 2nd Floor
  1. Call to Order
  2. Invocation
  3. Pledge of Allegiance to the Flag
  4. Minutes for Approval
    1. Work Session — June 24, 2013
    2. Regular Session — June 25, 2013
  5. Public Hearing — REZ-2013-07 Leatherwood, 2402 or 2406 James Rd. R-1 and R-21 to R-10, LC Water and Sewer, ~0.71 acres
  6. For Consideration
    1. Video Arraignment for Magistrate and Juvenile Court Contract
    2. Enterprise and Backup Storage Solution Scope of Work
  7. Reports-County Manager
  8. Citizens Wishing to be Heard Please State Name And Address

-jsq

Videos: a pipeline! 2 appointments, 3 hearings, 9 considerations, and 2 bids @ LCC 2013-06-25

Got a pipeline aimed at your house? The county takes no responsibility. And videos are good for juvenile court, but still not for the Commission. Lots more; see below.

Here’s the agenda, with links to the videos and a few notes. See also the videos of the previous morning’s Work Session.

LOWNDES COUNTY BOARD OF COMMISSIONERS
PROPOSED AGENDA
WORK SESSION, MONDAY, JUNE 24, 2013, 8:30 a.m.
REGULAR SESSION, TUESDAY, JUNE 25, 2013, 5:30 p.m.
327 N. Ashley Street – 2nd Floor
Continue reading

Video Arraignment for Juvenile and Magistrate Court @ LCC 2013-06-25

Hm, if video saves the county all this money, how about video of the County Commission’s own meetings to save the public money keeping track of what the Commission is up to?

7.h. Video Arraignment for Juvenile and Magistrate Court

IT Director Aaron Kostyu said at the 25 June Regular Session of the Lowndes County Commission:

As discussed yesterday morning, this is the video arraignment solution for the magistrate juvenile court. This solution will save tens of thousands of dollars a year for staffing and transportation that will not be required. It will save us quite a bit of money, and time as well. This solution will allow for the video presentation, signature, and certification of warrants and the carrying out of video arraignments and first appearances as well for Magistrates and Juvenile. And this will benefit the Magistrate Court, Juvenile Court, and all the local law enforcement agencies. As noted yesterday, the city of Valdosta is awaiting your approval, and they will purchase a portion of this to go in their facilities as well that will allow them to speak in the video warrants portion.

Commissioners had no questions. County Manager Joe Pritchard recommended Continue reading

Why are you gambling on nuclear instead of solar? –Gloria Tatum @ SO 2013-05-22

Why is SO gambling our health and dollars on Plant Vogtle when Georgia Power could be getting on with solar power? SO CEO Tom Fanning avoided the first part of Gloria Tatum’s question by simply denying it, and danced around the second part by saying the rate hike for Plant Vogtle’s cost overruns would only be 6 to 8 percent, not 12 percent. Do you want to pay 6 or 8 percent more for a radioactive white elephant when you could be getting power from the sun for less?

The floor person at the 22 May 2013 Southern Company Stockholder Meeting introduced Gloria Tatum with 164 shares, representing Nuclear Watch South, and the SO CEO insisted

TF: Call me Tom. Gee whiz.

Gloria Tatum GT: Tom. Hi,Tom. It’s great to be here on this beautiful day.

TF: Thank you. Yes ma’am.

GT: And I know Southern Company’s done many wonderful things, but I want to point out a few things to you today.

First, you know, after the Fukushima meltdown, TEPCO’s $50 billion nuclear complex became a worthless liability. The deadly radiation still circles the planet, polluting the earth and increasing cancer. Other countries have abandoned their nuclear and they’re looking to renewable, but Southern Company’s affiliate, Georgia Power, continues construction on two new nuclear reactors at Plant Vogtle. Now Shell Bluff is a community down the stream from Plant Vogtle and it has experienced a 25 percent increase in cancer since Vogtle 1 and 2 have been built.

Another problem with Vogtle Continue reading

Sun dancing as a Georgia Trend

GSEA, GaSU, Georgia Power, and even me are quoted in a Georgia Trend feature about solar power in Georgia. As Mahatma Gandhi is alleged to have said when asked his opinion of western civilization: “that would be a good idea!”

Jerry Grillo wrote for Georgia Trend July 2013, Sun Dancing: As Georgia’s solar capacity shoots skyward, a new state utility is proposed,

It’s the sun, the sol of our solar system, to which everything that lives and moves, including the wind, owes its existence. Without the sun, there is no us, no Earth. You can’t miss it. It’s the biggest thing in the sky, the biggest thing for at least 24 trillion miles, and at 4.5 billion years old it is middle-aged and remains the most abundant source of power between here and Alpha Centauri, zapping our planet every minute with more energy than humanity can consume in a year.

The best thing is, the sun is free. Still, for most of those eons, capturing the sun’s energy for human consumption has been like picking crops with a catcher’s mitt.

But over the past few years, photovoltaic technology (“photo” for light, “voltaic” meaning electricity) has gotten way more efficient, and the previously prohibitive price has fallen dramatically, setting the stage for what’s happening now in Georgia: Solar deployment and interest are increasing dramatically.

“This is a very dynamic time for solar energy, and it demonstrates a pent-up demand and interest in solar energy for Georgia,” says Mark Bell, chair of the Georgia Solar Energy Association (GSEA) and president of Atlanta-based Empower Energy Tech-nology. “There’s a great potential here for real, sustainable economic development.”

Grillo was pretty thorough in getting a range of points of view (with the notable exception of Georgia Sierra Club), and the whole article is well worth reading.

Among the things I told Grillo back at the beginning of May, I’m especially glad he included this:

Continue reading

Cobb coal exec prosecution can proceed –Georgia Court of Appeals

Cobb EMC’s former CEO, who pushed coal plants and is charged with a variety of crimes, still can be prosecuted.

Andria Simmons wrote for the AJC Friday, Ruling lets case against ex-Cobb EMC chief proceed,

The Georgia Court of Appeals on Thursday upheld the indictment of the former CEO of Cobb EMC, clearing the way for his prosecution to proceed.

In 2011, former Cobb EMC CEO Dwight Brown was indicted for allegedly operating the utility as for-profit company that benefited its leaders. He was charged with 31 counts including theft, false swearing, conspiracy to defraud the state and racketeering.

So former Gov. Roy Barnes may have briefly gotten Dwight Brown off on a technicality, but that show’s back on the road, two and a half years after it began.

Meanwhile, insurgents won a majority on Cobb EMC’s board and Cobb EMC is Continue reading

Tipping fees vs. host fees from Veolia

What is this contract involving tipping fees that Lowndes County declined to produce a copy of? How can it be “adequately maintained in the future”, as former Commissioner Lee put it, if the county doesn’t know what it is?

The minutes for the Lowndes County Board of Commissioners Work Session 11 October 2010 say:

Resolution-Proposed Amendment-March 2007 Greater Lowndes Solid Waste Management Plan, County Planner, Jason Davenport, presented the resolution, adding that the amendment was drafted due to a proposed expansion and reconfiguration of the Evergreen landfill. Mr. Davenport added that the amendment had been reviewed by staff, the Regional Commission and the Deep South Solid Waste Authority. Mr. Davenport further stated that Mr. A.J. Rodgers, of Veolia Environmental Services, was present to answer any questions the Commission might have regarding the project. Commissioner Lee stated that he was concerned that the contractual relationship that has been in place for quite some time be accurately reflected and adequately maintained in the future. Commissioner Lee then asked Mr. Rodgers if a new cell had been created yet. Mr. Rodgers answered that construction had begun in a cell that had already been approved.

Veolia spelled his name [Andrew] AJ Rogers and identified him as “area manager for Veolia ES Solid Waste Southeast, Inc.” in a 22 March 2011 press release.

But what is this “contractual relationship”? According to a letter from Walter G. Elliott, Lowndes County Attorney, Continue reading