Category Archives: Law

Lowndes County says it doesn’t know who’s on a board to which it appoints members

If you were a county government appointing members to an Authority, wouldn’t you know who the other members were, and what that Authority does? Lowndes County doesn’t seem to know those things about Deep South Solid Waste Authority (SWA).

Here’s the open records request from Brett Huntley of 7 June 2013:

Deep South Solid Waste Authority (SWA)
– List of members of the board, officers, and staff of SWA, who appointed each, and their terms of office
– Charter, bylaws, resolutions, and any other SWA organizational documents
– Agendas and Minutes for the past five years for SWA, and future meeting schedule
Please provide as much in electronic form as possible.

And here’s the response from Paige Dukes 12 June 2013:

Regarding information related to the Deep South Solid Waste Authority, you may contact Regional Commission Representative, Julia Shewchuk, at 229-333-5277. Lowndes County is not the custodian of the records you have requested.

This is the same SWA for which the county’s adopted GREATER LOWNDES 2030 COMPREHENSIVE PLAN SHORT TERM WORK PROGRAM (STWP) FY 2012 -2016 says:

4.3.1 –Maintain involvement and membership on Deep South Solid Waste Authority (SWA).

Our county government doesn’t know what this SWA is that it’s a member of?

-jsq

Budget Telling Tonight @ LCC 2013-06-25

Tonight you can go be told what the county’s budget will be, 5PM at the county palace. If you want to see the proposed budget, you’ll have to go their beforehand and view the one paper copy they are required by law to show you. They say they’re short of money, so why are they wasting taxpayer funds suing a legitimate business?

On the county’s online calendar: Budget Public Hearing (6/18/2013)

PUBLIC NOTICE
The Lowndes County Board of Commissioners will hold a public hearing for the purpose of considering
the Fiscal Year 2014 proposed budget on the following dates:

June 18, 2013 at 5:30 p.m.

June 25, 2013 at 5:00 p.m.

Location:
Lowndes County Commission Chambers
327 N. Ashley St.
Valdosta, GA

A copy of the proposed budget is available for public review in the office of the County Clerk.
For questions please call 671-2400.

Kay Harris wrote for the VDT 19 June 2013, Lowndes County facing budget woes,

Continue reading

Videos: 2 appointments, 3 public hearings, 9 considerations, and 2 bids @ LCC 2013-06-24

Audio feed was still not available so what you hear, is what I hear at the back of the room… -gretchen

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

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

Paul Alvarado, Attorney, for ZBOA @ LCC 2013-06-10

Another board, another incumbent reappointed. Paul Alvarado, Attorney for ZBOA @ LCC 2013-06-10 Now I’m not saying that’s a bad thing: experience and continuity can be useful. But I do think applicants could say more about why they want the job and Commissioners could ask a few questions about their experience on the board. At least applicants are mostly showing up to speak; that’s an improvement.

5.c. Valdosta/Lowndes County Zoning Board of Appeals

At the 10 June 2013 Work Session, Zoning Administrator Carmella Braswell introduced applicant Paul Alvarado. He said he had been serving since 2007, and was not only a voting member of ZBOA, but also had been providing legal advice.

Now I have used Alvarado as an attorney, and have Continue reading

2 appointments, 3 public hearings, 9 considerations, and 2 bids @ LCC 2013-06-24

Who’s applying to be appointed Tuesday evening? The Commission doesn’t tell you. Come to the Work Session Monday morning and maybe you’ll be able to hear the County Manager mumble the names, if he names them. Those library board applicants from two weeks ago are finally on the agenda. Also an appointment to Parks and Rec, three liquor licenses, and many other items, but nothing about solid waste or trash.

Here’s the agenda:

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

Adjourn into trash excuses @ LCC 2013-06-11

Citizens still wanted to talk about solid waste after the Commission adjourned the Tuesday 11 June 2013 Lowndes County Commission Regular Session. Commissioners offered nothing but excuses.

Page asks for Wright to stay behind Commissioner Page asked for Mr. Wright to stay behind so he could talk to him. The Chairman adjourned; I didn’t hear or see any motion or second or vote. Aren’t those required by state law? Motion to adjourn? --Chairman Slaughter

The subsequent excuses included:

It’s not about right or wrong anymore.

Nevermind that most of the people in the room thought it was, as well as many of the citizens and voters in the county.

We have to follow the process.

Nevermind they didn’t hold Continue reading

Southern Company only building nukes because they’re not paying, we are –Robert F. Kennedy Jr.

Kennedy said he’d be for nukes if they were safe or economical, but they are neither, while solar and wind are both. After calling the pro-nuke movie Pandora’s Promise a hoax, he addressed “safe” by pointing out the movie’s claimed former anti-nuke leaders were never leaders while major nuclear utility executives are indeed now anti-nuke leaders. (For example, I met former TVA Chairman S. David Freeman in DC where he was testifying against nukes.) Then Kennedy tore into Southern Company’s three-legged nuclear boondoggle and pointed out solar and wind are winning even against massive distortions in the economic playing field caused by public service commissions letting regulated utilities make the rest of us pay for their profits on uneconomic nukes.

Andrew Revkin posted on Youtube 19 June 2013, Robert F. Kennedy Jr. & Director of Pandora’s Promise Spar Over Nuclear Power,

The last nuclear power plant constructed in the world was in Finland. It cost about $11 billion a gigawatt. Now I’m involved with construction right now of one of the largest power plants that’s in north America which is in the Mojave Desert, and it’s a solar thermal plant, and it’s costing about $3 billion a gigawatt….

There’s no individual and there’s no merchant utility that will build a nuclear power plant, because they’re so expensive. You can’t make money on it. The only ones who will build them are regulated utilities like the Southern Company in Georgia… because they make money by spending money. They get reimbursed for their capital costs plus 12 or 15% per year. So they’ll construct it once they get approval from the public utility commission. Then they want to spend as much money on their capital costs because they’re not paying for it. You and I are paying for it.

I don’t think Bill Gates, or I saw Paul Allen was one of the funders of this film, that they’re going to spend their own money building one of these [nuclear] plants….

You could make energy by burning prime rib, but why would you take the most expensive way to do it.

And by last fall, the cost per gigawatt of solar photovoltaic (PV) panels was already under $3 billion per gigawatt so distributed solar PV makes just as much sense as massive desert thermal solar, and both make far more economic sense than nuclear. Plus costs of solar PV keep going down, pushing solar deployments up like compound interest, while nukes always take years to build and always cost more than budgeted. Southern Company is the king of nuke cost overruns, going 26 times overbudget per unit on Vogtle 1 and 2 and already 19 months late and about a billion dollarsoverbudget on Vogtle 3 and 4. Then there are the safety issues: a failed nuke can be Chernobyl or Fukushima and many nukes leak radioactive tritium into groundwater and vent radiation into the air, while a failed solar plant is a bunch of glass.

Robert F. Kennedy Jr wants a level playing field for solar and wind I got into the [solar] industry to show that there was an alternative and that the alternative was economically viable. And not only that, on a level playing field, if we weren’t giving them the subsidies to the incumbents, our technologies would beat them and soundly. They simply couldn’t compete.

He called the movie’s claims that solar and wind don’t work one of the movie’s many big lies because even without a level playing field we already built more solar and wind power in this country last year “than we did all of the incumbents combined”. Plus you’ve got to fuel fossil or nuclear plants, not to mention the toxic waste issues, while once you build solar or wind “it’s free energy forever”. Kennedy also pointed out the electric grid in the U.S. could be rebuilt to deliver solar and wind power as needed for less than has already been spent on breeder reactors that are no longer in use. The filmmaker made no attempt to rebut any of Kennedy’s points about existing solar and wind technologies that already beat nukes, coal, and natural gas, instead going on about pie-in-the-sky modular reactors.

This all illustrates why the Georgia Public Service Commission needs to stop letting Georgia Power and Southern Company suck radioactive profits at the public teat and make them get on with replacing coal with solar instead of letting old coal plant sites sit unused for more than a decade. Oh, and GA PSC needs to halt the Plant Vogtle nuke boondoggle, which is even worse than Southern Company’s Kemper Coal plant in Mississippi as a huge transfer of wealth from the people of the state to a monopoly.

GA PSC: Doug Everrett (1: south Georgia), Tim Echols (2: east Georgia), Chairman Chuck Eaton (3: metro Atlanta), Stan Wise (5 north Georgia), Bubba McDonald (4: west Georgia)

A monopoly that is supposed to be regulated as a public service. By the Public Service Commission whose Commissioners accept massive campaign contributions from employees and law firms of the utilities they regulate. It’s time for GA PSC to bat away the haze of coal smoke and the radioactive taint that surrounds them and go to bat against corruption and for the people of Georgia.

-jsq

Tipping fees: no contract, no list of fees, no details of expenses

No copy of the contract for tipping fees from the landfill it privatized some years ago, no list of what those fees were, and no detailed accounting of what they were used for: that was the answer from Lowndes County’s Open Records Officer. She also took more than 3 days to produce this non-information, answering the day after the recent County Commission meeting. Here’s her answer:

2008 CAFR page 38 From: pdukes@lowndescounty.com
Subject: Open records requests
Date: Wed, 12 Jun 2013 20:42:16 +0000

Good Afternoon,

In response to your open records requests of June 6, 2013, please find the following:

For the contract or agreement addressing tipping fees, you may contact Regional Commission Representative, Julia ShewChuk, at 229-333-5277. Lowndes County is not the custodian of this information. You many find fee amounts in Lowndes Countys Comprehensive Annual Reports located on the countys website, www.lowndescounty.com. To access these reports, go to the Government tab at the top of the homepage, then County Manager, then Finance, then Financial Reports. Fees are located on page 38 for 2008, page 38 for 2009, page 38 for 2010, page 39 for 2011 and page 36 for 2012.

To be clear, Continue reading

NRC to change foreign ownership so NRG and Toshiba can fire up South Texas Nuclear Project?

Not just EDF and Calvert Cliffs that would be enabled by the current NRC rule-changing comment period. In April NRC denied a license to NRG and Toshiba Corp. (aka Nuclear Innovation North America, or NINA) for two new reactors at the South Texas Project nuclear facility outside Bay City; the same facility where STNP 2 http://www.l-a-k-e.org/blog/2013/01/fire-in-texas-nuclear-reactor.html had a fire in January. The reason for denial was the same as for EDF and Calvert Cliffs: Continue reading

NRC to change nuke foreign ownership so EDF can fire up Calvert Cliffs?

The NRC “upheld” license denial for the Calvert Cliffs nuke with its fingers crossed, the very same day directing staff to look into changing the requirement by which it just ruled. A requirement against majority ownership by a foreign firm, in this case Électricité de France (EDF), whose flagship Cattenom reactor caught on fire a week ago with smoke seen from miles away; two people died at Cattenom in February. You can comment on NRC’s proposed changes to let EDF fire up Calvert Cliffs online or in person June 19th in Maryland.

The same day the NRC upheld denial of a license, 11 March 2013, the same Commission

“directed the staff to provide a fresh assessment on issues relating to FOCD including recommendations on any proposed modifications to guidance or practice on FOCD that may be warranted.”

And the issue with Calvert Cliffs was that very same “foreign ownership, control, or domination (FOCD) of commercial nuclear power plants.”

This explains why Continue reading