Category Archives: Law

More developer favors at the County Commission Work Session this morning? @ LCC 2012-12-10

At the 8:30 AM Work Session this morning,
will the Chairman


Clint Joyner and J.D. Yeager of Joyner Realty


Clint Joyner (speaking) and J.D. Yeager (seated on right)
of Joyner Realty at LCC Work Session 2012-11-12


invite Clint Joyner of Joyner Realty to speak
like he did last month, without inviting anybody else?
Will Chairman Ashley Paulk invite J.D. Yeager of Joyner Realty (and formerly
Sheriff Paulk’s lieutenant at the Sheriff’s office) to speak?
That plus
solid waste

(if privatization is bad for Moody, why is it good for a county public
health and safety service like solid waste collection?),
Dollar General

(where’s the marketing plan to indicate whether tiny Naylor needs the
area’s nineteenth Dollar General?),
Library,

(Houston County’s SPLOST passed in a landslide after they held
public hearings; maybe Lowndes County should try that),
and
Alcohol

(county staff say they’re coalescing previous changes into the body
of the ordinance),
all at the Lowndes County Commission Work Session this morning;
here’s the agenda.

When

he spoke 12 November 2012, Clint Joyner started by referring to
a nearby subdivision “In 2007”.
2007 was the year Mr. Joyner got

(according to the Commission’s minutes of 26 June 2007)
$130,000 in road construction labor from the Commission because of
“an unforeseen Department of Transportation requirement regarding a costly intersection improvement.”
Why couldn’t the County Engineer or Mr. Joyner forsee such a requirement?

This time many people

do forsee that rezoning to develop in the Moody Activity Zones
would be a bad idea.

Houston County is using state and local tax money to buy up houses
in similar zones around Warner Robins Air Force Base.
Doubtless Houston County would love it if Lowndes County encroached
enough on Moody AFB that Moody’s missions moved to Robins AFB.

-jsq

Privatization: if it’s bad for Moody AFB, it’s bad for county trash collection

Why is Lowndes County Chairman Ashley Paulk decrying alleged privatization
of Moody Air Force Base while promoting actual privatization
of a basic Lowndes County public service, trash collection?

Jason Shaefer wrote for the VDT
5 December 2012,

County disagrees with proposed zoning amendment,



Paulk alleged Moody’s intervention has prevented development
before—the establishment of a small schoolhouse within a
church near the base, for example, he said. He told the committee
that Moody had 30,000 acres to the east on which to build, and that
the air base has become “privatized.”

According to

the free dictionary:

pri·va·tize: To change (an industry or business, for example) from governmental or public ownership or control to private enterprise:

And yet at the

upcoming commission meeting,
Chairman Paulk will ask the commissioners to vote on this agenda item:

8.b. Exclusive Franchise Agreement for Residential Solid Waste Collection Services with Advanced Disposal Services of Central Alabama, Inc.



Seems to me that’s a privatization of one of our own county governmental
services.
Perhaps the commissioners will reconsider the “curbside only
by a private firm” path they are on and conduct some public hearings in an
effort to understand what the citizens might want in solid waste disposal.

-gretchen

Re: The proposed text amendments —Richard Raines

Richard Raines answered again.
He continues to be communicative and genial.
-gretchen

From: Richard Raines

To: Gretchen Quarterman

Subject: RE: Text Amendment

The motion to table the issue is made by the Commissioners. Chairman


Paulk thinks (and I agree) that this issue cannot be satisfactorily
settled by December 11th and that the new Commission should take it
up. It is not unusual for Chairman Paulk to weigh in on whether or
not we should table an item. Often times he is in a unique position
to give an informed opinion and in this case I concur.

The proposed text amendments, if approved, do not endanger Moody’s
mission or survival. If I have my way, the MAZ will be strengthened
in the areas closer to the base while easing development
restrictions in the areas furthest away. Even a cursory glance at
the ULDC and MAZ 1-3 reveals certain issues which must be addressed
in an effort to be equitable.

I reject the template which argues

Continue reading →

Houston County has exclusion zones around Warner Robins AFB like the Lowndes County MAZ

Lowndes County is not

“the only community in the country with a MAZ”:
Houston County has very similar zones of encroachment protection around
Warner Robins Air Force Base (RAFB).

As we’ve already seen,

Houston County is buying up houses around RAFB
using $7.5 million from the state of Georgia.
That’s in addition to $6 million from Bibb County and
some unspecified amount from the Defense Department.
Plus Houston County
allocated $7 million from SPLOST funds,

and their SPLOST won by a landslide, apparently partly for that reason.

But what are

Warner Robins Air Force Base encroachment zones

those encroachment zones around Warner Robins AFB
depicted on the buyback map?
I called Houston County to find out.
Their Community Planner, Jacob Cox, said yes, Houston County
has crash zones, and noise attenuation zones in which they can
have businesses but not residences.

He pointed me to

The Robins Air Force Base and Middle Georgia
2004 Joint Land Use Study,
which notes:

The 2004 JLUS examines land issues as they relate to RAFB flying
missions and suggests measures to ensure compatible land use in the
Base environs now and into the future. The 2004 JLUS process
utilizes information provided in the 1998 RAFB Air Installation
Compatibility Use Zone study (AICUZ) to evaluate land use
compatibility and regulatory adequacy in areas subject to air hazard
potential and noise impact. Additional considerations related to air
navigation, including air protection surfaces are examined. Clear
Zones and Accident Potential Zones are all considered compatible
with AICUZ guidelines. Incidences of incompatible development are
predominantly restricted to a limited number of non-noise attenuated
residences built prior to 1994.

The results of the 2004 JLUS demonstrate that previously adopted
land use regulations have been effective in limiting incompatible
development within the Base environs. The 1994 adoption of the Base
Environs Zoning District (BEZD) model by the surrounding communities
has served to check most encroachment-type development. Only a very
low number of sporadic, isolated examples of noise-related
incompatible development was observed to have been built since
implementation of the BEZD land regulation strategy. Consistent
local government implementation of adopted provisions must be
maintained in order to continue to provide the protection necessary
to prevent incompatible development from restraining Base operations
in the future.

So as far back as 1994 the communities around RAFB were using zoning
to limit base encroachment.
The 1998 AICUZ recommended further
Clear Zones and Accident Potential Zones.
Why?
Mission changes at RAFB.
So the 2004 JLUS made recommendations and the local governments, including Houston County,
decided to go ahead and do something about it.

Continue reading →

SPLOST won in Houston County but not in Lowndes County: why?

Why did SPLOST in Houston County, Georgia win by a landslide
while SPLOST VII in Lowndes County lost?

Houston County’s SPLOST passed in March 2012 by a landslide.
Christina M. Wright wrote for The Telegraph 6 March 2012,

UPDATE: Houston officials celebrate landslide SPLOST approval,



“This is a ‘thank you’ for the voters,” said Houston
County Chairman Tommy Stalnaker as Warner Robins Councilman Paul
Shealy presented the black and white sign. “They are the real
victors of this thing tonight.”…

Unofficial results showed the SPLOST received 10,029 ‘yes’ votes
to 4,799 ‘no’ votes. More affirmative than negative votes were
cast in every precinct.

That’s 67.6% to 32.4%, and a difference:
Houston County local elected officials
thanked the voters.
Lowndes County Chairman Ashley Paulk,
who rushed through a SPLOST vote a year early,

Continue reading →

Text Amendment —Gretchen Quarterman

Received today, referring to TXT-2012-02, which is on the agenda for

Monday morning’s Work Session and Tuesday evening’s Regular Session
of the Lowndes County Commission. -jsq



Date: Fri, 7 Dec 2012 13:42:37 -0500

From: Gretchen Quarterman

To: Richard Raines

Subject: Re: Text Amendment


On Thu, Dec 06, 2012 at 12:25:31PM +0000, Richard Raines wrote:

Gretchen,

Richard,

Thanks for your thoughtful and indepth answer.

Based on a conversation with the Chairman yesterday, it is my
understanding that this issue will be tabled until sometime next
year (Chairman-elect Slaughter will decide when to put it back on
the agenda) because we are working with MAFB on a compromise as
they are well aware of our mandate to balance property rights with
protecting against base encroachment.

Interesting, I thought that the commissioners made the decisions
about hearing or tabling an issue, not the chairman. While the
chairman can set the agenda, it is my understanding that the
voting members of the commission are the ones that actually get
to make the decisions.

Since I’ve been on the County Commission we have made it a priority
to constantly evaluate the ULDC and all zoning districts. MAZ 1-3
is no exception and must be evaluated to make sure that it is
balanced and consistent.

I appreciate that.

We have discovered a few inconsistencies with the MAZ which are
not practical and making adjustments will in no way put Moody Air
Force Base in peril. I was recently informed that Lowndes County
is the only community in the country with a MAZ, which means we
have gone to greater lengths than any other community to protect
against encroachment. Making minor adjustments is necessary with
all ordinances and, even if the proposed changes are made, we still
have the only MAZ in the country. Making minor adjustments in an
effort to promote consistency and eliminate duplication is not equal
to an all out assault on Moody.

I have many concerns about the continued presence of Moody AFB in
our community. Moody is a $400M+ economic engine and its loss or
reduction

Continue reading →

Changes to the alcohol ordinance @ LCC 2012-12-10

Being curious about the

changes to the alcohol ordinance,


I had the opportunity to talk with a county staff member
who said that the changes were to incorporate recent
amendments regarding

brown bagging, social hosts (serving
alcohol at private events to underage drinkers), and
the

Sunday package sales
into the body of the ordinance,
rather than having those items as amendments to the document.
Also, the setting of the license fees for Sunday
sales will be established

(from the referendum that passed 59.80% to 40.20%).

-gretchen

Veolia bought by Advanced Disposal Services of Alabama, owned by Highstar Capital of New York City @ LCC 2012-12-10

Received today on

Solid Waste, Developer Favors, Dollar General, Library, and Alcohol: Agenda @ LCC 2012-12-10:

Veolia was acquired by Advanced Disposal, there is no conspiracy theory
here or a change of vendor than was previously voted for.

http://www.wasterecyclingnews.com/article/20121120/NEWS01/121129990/advanced-disposal-closes-veolia-deal,

Continue reading →

Houston County and Georgia buying houses in Warner Robins AFB encroachment zone

Update 8 December 2012: Actually,

Houston County does have enforceable encroachment zones around RAFB.

Houston County hasn’t had a enforceable encroachment zone around
Warner Robins Air Force Base (RAFB) and is now fixing the problem
after the fact by using state money to buy up houses near the base.

Tommy Stalnaker

Houston County Commission Chairman Tommy Stalnaker labelled encroachment
his number one priority, in stark contrast to Lowndes County Commission
Chairman Ashley Paulk, who has put

two items on the agenda for Monday and Tuesday
related to a proposed rezoning next to Moody Air Force Base,
and already at a previous Work Session

invited the developer to speak
without letting anyone else speak.

Gene Rector wrote for WRWR “10 months ago”,

Stalnaker ‘ecstatic’ over state action on Robins encroachment issue,

In a word, Houston County Commission Chairman Tommy Stalnaker was
“ecstatic” last week when he learned state officials

Warner Robins Air Force Base encroachment buy-back map
will allocate $7.5 million to help resolve the encroachment issue
affecting Robins Air Force Base.

State Rep. Larry O’Neal called and gave him a heads-up before Gov.
Nathan Deal made the announcement on Friday.

“I felt like jumping up and down and screaming and
hollering,” Stalnaker admitted. “But then I remembered
we hadn’t done our part yet.”

Encroachment has dogged Robins for a number of years. Some 250
parcels — mostly private residences — spread over 1,600
acres in south Bibb and north Houston counties fall within the
base’s noise or potential mishap zone.

That risk to homes in the designated region could restrict or limit
current operations or force the Air Force to look elsewhere for
future workload and mission growth.

Stalnaker has labeled resolving encroachment his number one
priority.

Mike Stucka wrote for the Telegraph 31 May 2012,

Interactive map: Robins AFB encroachment and property purchases,

Continue reading →

Text Amendment —Richard Raines

Received yesterday, referring to
TXT-2012-02, which is on the agenda for

Monday morning’s Work Session and Tuesday evening’s Regular Session
of the Lowndes County Commission.
-jsq

From: Richard Raines

To: Gretchen Quarterman

Subject: RE: Text Amendment

Gretchen,

Based on a conversation with the Chairman yesterday, it is my


understanding that this issue will be tabled until sometime next
year (Chairman-elect Slaughter will decide when to put it back on
the agenda) because we are working with MAFB on a compromise as they
are well aware of our mandate to balance property rights with
protecting against base encroachment.

Since I’ve been on the County Commission we have made it a priority
to constantly evaluate the ULDC and all zoning districts. MAZ 1-3
is no exception and must be evaluated to make sure that it is
balanced and consistent.

We have discovered

Continue reading →