Big promises, high hopes...

Newly elected Fayette County Commissioner's Allen McCarty and Steve Brown were sworn in Monday morning. Brown brought a 10-point list of promises to constituents and McCarty spoke of changes that would be made when the pair were sworn into office.

It all sounded good, especially to the crowd attending the early morning ceremony.

However, all one had to do was take a look at the faces of Commissioner Herb Frady and County Manager Jack Krakeel as they watched to see how difficult it is going to be for the two new commissioners to keep some of their promises.

The two new commissioners are going to be in the minority. If the other three commissioners stick together, as is expected, the West Fayetteville Bypass will continue to move ahead. With Frady as the new Commission Chairman, as is expected, much will be hidden and more deals will be cut behind closed doors.

The one wild card I see in the mix over the next two years is that at least two of the Commissioners will be running for re-election in 2012. Speculation is that Frady will have achieved his goal to be Chairman and, given his age, will decide not to run again. Robert Horgan has expressed a desire to run for re-election despite ethics problems resulting from his arrest for marijuana possession and use. Lee Hearn, who is recovering from a fairly serious operation that turned out to be not as serious as it could have been (thank goodness) will also probably run again.

The public is adamant that what is most often called the 'bypass to nowhere' should go nowhere. They want it stopped. The three remaining commissioners from the 'old batch' have consistently voted to move it forward.

Jack Smith, Eric Maxwell, Hearn, Frady and Horgan made the decision during their tenure to stop building the East Fayetteville Bypass (one of the projects included in the SPLOST), wasting hundreds of thousands of dollars, and chose to start work on the three-phase West Fayetteville Bypass. Phase one was a high priority, taking traffic around the hospital. Phase two and three were low priorities. They bypassed much needed road projects in the SPLOST and opted to move forward on the last two phases of the Bypass. Per those who included the bypass in the SPLOST, the last two phases of the road shouldn't have been considered for many years to come, and then ONLY if conditions in the county changed substantially.

Smith, Maxwell and the remaining trio on the Commission have said all along that they were forced to do it because we voted for it in the SPLOST... yet they chose not to do other projects on that same list, and, as said earlier, chose to stop another project already in progress. Make sense to anyone? It sure gives rise to head scratching as to why.

If Horgan and Hearn stick with the project it's a sure thing they'll go down in flames when they run for re-election. The crowd that attended the swearing in was larger than any in past ceremonies. These folks are active and they are working to make some changes on the Board. It's part of the movement that has been sweeping across the country - people are paying attention and they want accountability. Those who worked locally to unseat Maxwell and Smith will not go away and are already working on the next election.

Over the next two years, well four since that's the term of elections, we're going to be hearing about everything that happens during commission meetings. Any secret deals will be made public --- Steve Brown is known for speaking his mind and sharing with the public, so that one is a given. McCarty comes across as a quiet, thoughtful person, but I gather he is not shy when it comes to issues he feels strongly about. No matter what, like the votes or not, we will know what is going on.

McCarty and Brown may not be able to do anything other than shout from the rooftops if the other three vote in lock-step though.

My expectation is that sometimes one or more of the others will break ranks and vote with McCarty and Brown, but not on issues of any importance. I expect the other three to conspire to shut them out. I expect the three remaining commissioners to continue to vote in ways that irk the majority of voters on projects favorable to developers. Frady has a reputation for being fairly crafty when it comes to determining public opinion. I expect he'll throw the public some bones to make us think he's listening, do some things that'll garner some nice headlines and have a chunk of voters saying "awww, that's a good vote". But when it comes to substance and the direction they're taking the county, we'll be reeling for years to come.

I  hope I'm wrong. I hope that ALL of the commissioners will be able to put aside their own personal quirks, desires, and friendships to vote for what is best for the county. The problem with voting on what is best for the county is that I'm pretty sure Jack Smith was voting in ways that he felt were best for the county. Most of us have a different vision of the future than he seems to have. I suppose I should amend the sentiment in that first sentence to say I hope they'll vote for what the majority of us feel is best for the county.

It's going to be an interesting next few years!

Fayette County Commission Closes Year with Controversial Votes

Wow. I haven't been to a Commission meeting in a while but figured with the controversial West Fayetteville Bypass on the agenda it'd be a good one to hit. Especially as I'm a NIMBY (not in my back yard-er) now...the Bypass will go right in front of my home.

Yes, the Bypass was a hot issue and a number of people were there to speak against it, but other things popped up that made it a jam-packed night of controversial issues.

Former County Commissioner Harold Bost blasted the Commissioners for spreading lies about his time in office. They have said in public meetings and in social settings (that part's hearsay) that Bost was forced to resign. They said he was a disgraced Commissioner, it was discovered that he was actually a resident of Florida when he ran and / or served in office and that he was forced to resign as a result.

Bost brought tax records, voting records, homestead exemption records and proof of residency going back to his birth and showed that he was a legal resident of Georgia the entire time he was in office. He stated that no one would be able to force him not to do anything.

Eric Maxwell stared off into space during Bost's comments and finally asked Jack Smith, Chairman, to cut him off.

The Commission also voted 3 - 1 to give final approval of Democrat and Republican appointments to the Board of Elections to themselves. Up until the vote each of the two top political parties in the county appointed a member of the Board of Elections and the Commission appointed one. With this move five Republicans will now have the final say in who the Democrat and Republican Party appoint.

Maxwell spoke against the move and voted against it. Lee Hearn was absent due to illness.

The Commissioners voted 4-0 to approve a conceptual plan for the final phase of the very controversial West Fayetteville Bypass. The Bypass will continue down Lester Road cutting off the fronts and backs of numerous properties, completely wiping out four or five home properties and make major changes to the configuration of the road. It will snake down Ebenezer Church, move across Redwine, build a new segment through properties that will connect back into Harp Road then end at Hwy 85.

The meeting ended with Maxwell and Smith saying goodbye and thanks with a major part of their farewell speeches spent justifying their votes and actions. More on that later!

Herb Frady all but crowed when Maxwell said he'd be coming to the first meeting of next year to see the selection of Chairman. With a three-two majority I'd be shocked if Frady isn't selected by Lee Hearn and Robert Horgan. Especially since Smith has already carried Frady down to the ARC so he could introduce him to everyone.

Steve Brown and Allen McCarty are going to be outvoted by the trio in most cases over the next two years. However, that doesn't mean it's going to be a quiet two years as anyone who's familiar with Brown knows.

Unfortunately, with the Frady-Horgan-Hearn three-some having the majority for at least two more years we're probably going to get more of the same that we've had these past four years. Then again, Horgan and Hearn will be running for election so maybe they'll listen to the majority of Fayette voters on some issues. Frady will be up for re-election also, but who knows if he'll go for one more term.

I filmed the meeting and am in the process of putting together some YouTube videos of the important parts of the meeting for you.

Fayette County Attorney Shows His Stuff…

Thursday night after the Fayette County Commission meeting the County Attorney, Scott Bennett, came over to the press area and said he wanted to talk with the press. I didn’t catch the entire statement so I asked one of the other reporters what he’d said. The reporter indicated he wanted us to stick around so he could talk to us. We immediately “assumed” it had to do with the lawsuit filed by former County Administrator, Chris Venice.

We chatted a bit about the lawsuit, then Bennett walked over and said to meet in his office. One reporter followed immediately, I had to grab my pen and paper. As I walked into the hallway leading to Bennett’s office I overheard him talking to the first reporter about me in a tone that made my ears perk up. Hmmm, not very professional for the County’s legal spokesperson to be disparaging someone to a reporter… But it got better, or worse, depending on your point of view.

He caught my entrance out of the corner of his eye, whirled around and bluntly stated that I was not invited. At first I thought he meant only press could come, and knowing that some had problems with a “newspaper” that was strictly on-line, I nicely said that I was press.

Ah, but that wasn’t his problem.

Turns out he didn’t like some of the things I wrote back when the county was in the process of firing their long-term attorney and hiring him. Given the fact that he had sued the County on behalf of one of his friends on the Commission, and that friend was one who was part of the decision making process, I had problems with the entire process, not just Bennett.

Oh darn, there I go again. Just seems that I keep letting those pesky facts from the past get in the way of trying to be friends with the County Attorney. I bet he’s going to be mean to me again.

Yep, he was mean.

He told me in no uncertain terms that he could talk to whoever he wanted and he did not want to talk to me. He said I didn’t trust him, I wrote bad things about him and he didn’t have to talk to anyone if he didn’t want to. “So there you mean old reporter, and let me stomp my foot for emphasis, take that.” OK, OK, he didn’t say “so there”, nor did he stomp his foot, but the effect was the same.

Quite frankly, I was astonished. The more I thought about it the more amazed I was that an attorney, especially an attorney serving in a position that requires interaction with the public, didn’t know how to handle the press. Gosh, even I tread lightly with my fellow reporters. Tick ‘em off and they can get a whole lot of ink working against you and those you represent.

But then I thought back to some of the reasons I’d originally had problems with Bennett. I’m not the only member of the press on his list to snub I’d guess.

Seems that back when he worked for the city council in McDonough, he got on the wrong side of the press there, too. He advised the City Council that citizens didn’t have the right to film or record public meetings. One of those banned citizens happened to work for a local television station. Not a good choice and completely wrong from a legal standpoint to boot. The sunshine law that governs public meetings and elected officials clearly states that anyone can film or record public meetings. It doesn’t even use the typical lawyer-eeze that makes a lot of laws so difficult to understand. Knowledge of the Sunshine Law is part of lawyering 101 basics, especially if you’re working for the government. Bennett managed to end up being the focus of a TV expose as a result of the issue.

Another issue that bothered me at the time the County was considering hiring him was the fact that he had sued Fayette County reference the county’s sign ordinance. He represented a national sign company that wanted to get multiple billboards along our county roads. I would bet I’m not the only one who was not the least bit surprised when the county recently cut a deal with that same billboard company to allow billboards in our county?

When I wrote my first little blog about Bennett way back when, I started getting phone calls from people who knew him or knew of his work. I didn’t share the things I was told in subsequent blogs or op-ed pieces simply because there wasn’t any supporting documentation. I think Mr. Bennett should be relieved that I didn't share some of the information, and that I chose not to go digging further. The impression I had of Bennett was not very favorable as a result of the calls from his “past” associates.

Now that Bennett has had his little hissy fit, we have a problem, or two or three. See, Mr. Bennett has put me, and the County Commission, in a difficult position. Instead of asking and getting his canned responses to questions, I’m going to have to ask his boss. If that doesn’t work then I’m going to have to go the old open records request route and/or get most of my information from the opposing viewpoints.

Bennett is in a public position that requires him to interact with the press and the public. In his position he actually has a higher accountability to the public than those in private practice. My tax dollars, along with yours, are paying his salary. Based on some of the news that was reported about him previously, if he stops talking to everyone in the press who writes things he doesn’t like there aren’t going to be very many left to talk with sooner or later.

I had pretty much put the past in the past, which I know is easier to do when you’re on the delivering side. But, while my impression of his abilities hasn’t improved after watching him in action over the past year plus, he is in the office and it’s necessary for me to deal with him politely. If he hadn’t pitched his little snit-fit I would never have brought up the past, nor would I now want to pay more attention to answering questions that have popped into my mind and been dismissed over the past year or so. He kinda forced the issue with his highly unprofessional actions.

What questions you may wonder, have popped into my mind over the past few years about Bennett? What does a full-time attorney do five days a week to earn his salary? Especially when an outside attorney has to be hired for litigation outside his expertise. How much money is being spent on legal expenses? What kind of lawsuits, aside from the one by Chris Venice, have been filed against the County this past year? What is included in his new contract? What kind of reputation has he gained working with the County? Oh, I could go on… but the list is growing longer as I think about him. Rather a shame he’s now pinged himself to the forefront of my mind. I have so many things on my list of things to do and dealing with answers to those questions wasn’t even on page ten of the list.

I mentioned Bennett’s behavior to Jack Krakeel, the County Administrator and Jack Smith, the County Chairman. I probably wouldn’t have bothered to do so if I hadn’t been after a bit of info regarding the lawsuit being filed by Chris Venice. It was kind of hard not to mention his actions when they both referred me to Bennett as the spokesperson. I don’t think it’s going to affect his job at all.

As most of my readers know I’d been taking a break from the County Commission. There’s a point where you can film and write and film and write and if no one else seems to care about what their elected officials are doing, if you have absolutely no effect on their actions, you just have to say enough and move on to other things. Bennett’s actions last night put a bee in my bonnet and now I have all the Commission meetings back on my calendar.

Guess I’m going to be seeing a lot of Mr. Bennett again.

Fayette County Commission Takes a Page from Fed's Playbook

We're all aware that the spending spree in Washington D.C. is going to cost our children and grandchildren. Choices being made by the Feds are obligating future generations for unknown amounts.

The Fayette County Commission will potentially be doing something somewhat similar, albeit on a smaller scale, tomorrow night. At the 7 p.m. Commission meeting on Thursday they are going to make a decision that could hit you and I, along with every future Fayette Countian, in the pocket book.

What could our little county be doing that could have such long term repercussions on taxes?

The Commission will probably pass a defined benefit plan tomorrow night for county employees.

Surprised? I bet you thought they wouldn't do something so costly to the taxpayers during these economic times, didn't you? I bet you thought it was a dead issue, too, didn't you?

Not so. It's on the agenda as old business. In case you've missed the history, the Commission actually approved the implementation of a DB plan in a 4-1 vote toward the end of 2007. Herb Frady, Eric Maxwell, Robert Horgan and Jack Smith voted to implement the plan, Peter Pfeifer voted no. Since the vote, the Commission has simply been fiddling around talking to providers, trying to get the best deal, possibly waiting until they thought they could slide it through quietly.

If you go to the meeting tomorrow night, you're going to hear blarney that'll make you think you're listening to the best o' the best. Fayette County is going to need to find a leprechaun's pot o' gold at the end of a rainbow to cover the tab when the bills start coming due, too.

The Commissioners are going to tell you that it isn't going to cost the taxpayers. Their magnificent plan is different than everyone else's plan.

The plan won't cost you --- now. However, across the country without any exceptions that numerous researchers have been able to find, the tax payer inevitably ends up with a huge bill that is impossible to cover. Sorry, no rainbows, no leprechauns, just a bill that requires either a cut back of services or higher taxes, and sometimes both.

DB plans have been huge contributors to the problems of companies like General Motors, Delta and others.

Another surprise to some? The group the Commission would be hiring to manage (benefit, reap the rewards from) the plan is going to be… GEBcorp. You remember don’t you? They're the ones the Commissioners had give them all the data that justified the implementation of the plan. They “volunteered” their services at no cost just to help out our great county. Wow. Such generosity! Yeah, right. Can you say “deals cut, hee hee hee, rub hands in glee at plans coming to fruition”???

If you go back through my blogs and the articles I’ve written over the past years, you’re going to find that I can now say “I told you so.”

What can you do to stop this? Well, I'd say you could fill the Commission Chambers tomorrow night and voice your opposition, but I have low expectations that you would change anyone's votes.

Herb Frady said he'd vote against it during the election (even though he voted for it, then said he didn't, but tapes proved he did). They don't need his vote. Could be it'll be a 3-2 vote for it depending on who's up for election or who thinks they need to be perceived to be on the side of taxpayers. But it appears it’s going to pass.

I won't go into details about why it's bad. I've gone over and over it in previous blogs. There have been letters written, videos made and plenty in the media.

Maybe it's time for a Fayette County Tea Party.

Previous blogs I've written on the Fayette County Commission's DB plans:
Defined Benefits Gets Temporary Government Bailout, Er, Legislation
Defined benefits are a hot topic in Fayette County, GA. Well, it's a hot topic for those responsible citizens who realize what the future holds for the county should our esteemed local commissioners vote to burden the county with it. For those of you who have been following the ongoing debate, I thought you'd be interested to know the Federal government, yep, the Federal government (that would be Congress) has just unanimously passed The Worker, Retiree, and Employer Recovery Act designed to provide temporary relief to retirees and employers sponsoring defined benefit pension plans. President Bush is expected to sign the legislation into law. This Act, among other things, addressed the unanticipated increases in pension funding requirements. Hello, Fayette County! Is anybody seeing the bailout trend? Is anyone listening?

More on Defined Benefits for Fayette County, GA
Last night the committee the County Commission selected to study implementing a Defined Benefits Retirement Plan for county employees asked for more time (Vote on Defined Benefit Plan Vendor Choice Postponed at County Commission Meeting). Since asking for bids in September the group has been reviewing the many, many plans submitted by various companies hoping to get the County's business. It's big business. It's a carrot with a short stick and a lot of companies are vying to be the ones to chomp down on that juicy veggie. (Hey, I'm the queen of bad metaphors... I'm sure before I finish I'll have you rolling your eyes to the heavens.)

Defined Benefits in Fayette County Georgia
The letter below is a letter to the editor received for inclusion in the Fayette Front Page. As many of you know, I think it's a travesty that the Fayette County Commission has chosen to implement a Defined Benefit retirement plan for their employees.Like everyone else who has ever implemented a similar plan, the Commission says it won't cost taxpayers... I have searched and searched trying to find a similar plan that IS working somewhere. All I find are horror tales. And not surprisingly, almost every government that implemented a DB plan said, when trying to sell it, that THEIR plan wouldn't come back to bite the taxpayers at some point. It was different than all the others. Guess who told 'em that? Those guys who are selling the plan of course!

Pension Problems
Across the country businesses are failing. In some cases the straw that broke, or is breaking, the proverbial camel's financial back is their defined benefit pension plan. Do a Google search and see how many references pop up regarding pension plans and company failures.

Tough Times
The Fayette County Commission has frozen somewhere in the neighborhood of 20 to 25 jobs this year. I just received a notice from Gwinnett that they've initiated a hiring freeze and expect to save roughly $45 million in a 12 month period. We know Atlanta is having problems, seemingly much of it due to their defined benefit program compounded by the current economic difficulties. The state is in trouble for the first time in quite some time. Not too long ago they had a surplus they were arguing about. Now they're in the hole.

Defined Benefits... Pension Woes...
Across the country governments are having major, major problems with their defined benefit pension plans. They are running from them like they are killer bees swarming. Not so in Fayette County. Our "leaders" voted to implement a plan. Yep, they are building hives to house the bees. The taxpayers are the ones who will someday feel the mighty stings.

If a tree falls in the forest…
The County Commission held a number of meetings where they discussed the switch to a defined benefit (db) retirement program for county employees. Unfortunately for taxpayers, they held every single discussion during their daytime Wednesday “workshop” meetings. No public comment is allowed during those meeting. And, it is impossible for 99.999% of the public to attend. They may as well have been standing in a forest with no one around.

Christmas for some, coal for the taxpayers...
Last night’s County Commission meeting was jam-packed with headline making happenings. Unfortunately (or fortunately….) I was off making money selling my pottery and had to miss the meeting. However, I do have audio from the meeting and have talked to a number of folks who were there, and I asked for and received copies of some of the statements made by concerned citizens.

The Tax Hike Cometh…
Oops, goofed, the tax hike has already cometh… However, if you think the County’s tax increase this year is something, wait until the County Commission votes to implement defined benefits for county employees! The County seems hell bent on doing what every other large business has been forced to dump if they planned to stay in business. Companies across the nation have found it impossible to fund the kind of retirement program the County wants to put in place. They’ve gone into bankruptcy; they’ve run to the government to help, they’ve closed their doors.

Wooten on Defined Benefit Plans, etc. - worth a read
State lawmakers must rid pension plans that bilk taxpayers
By Jim Wooten Monday, August 20, 2007, 09:23 PM
The Atlanta Journal-ConstitutionThe system abused by former Fulton County Superior Court Clerk Juanita Hicks and her hand-picked successor is flawed on so many levels that, but for the self-interest of beneficiaries in elected office, it would have been fixed decades ago.

Seven Fayette County Commission Chairman have spoken out... It's time to wake-up!
Seven, yes SEVEN, former Fayette County Commission Chairman have now voiced their opposition to actions of the current Board of Commissioners. That is unprecedented in the history of this county, and perhaps in any county in Georgia or the United States. They have spoken out against the firing of County Attorney Bill McNally. They have spoken out regarding the current Board’s plan to move employees to a defined benefit plan.

Questions and Concers Re: Commission Considering Neighborhood Stabilization Program

Tomorrow night, Wednesday Jan. 14th, the Fayette County Commission is holding a special public hearing on the "Neighborhood Stabilization Program". I hope that at least a few of our concerned citizens will take the time to go to the meeting and ask questions.

Here's an overview of the program:

The Neighborhood Stabilization Program (NSP) is an emergency assistance fund
authorized under Title III of Division B, section 2301 of the Housing and Economic Recovery Act of 2008 (HERA) that is being provided for the redevelopment of abandoned and foreclosed homes and residential properties for the purpose of stabilizing neighborhoods. Unless HERA provides otherwise, the grant is considered a special Community Development Block Grant (CDBG) allocation.

Sounds OK, doesn't it? Basically, the government is going to give Fayette County funds to redevelop abandoned or foreclosed homes.

Unfortunately, long experience has told me that with the government, there's usually a nasty string or two attached, so I pulled up the six-page "Housing and Economic Recovery Act of 2008" that deals with the NSP.

There is at least one potential nasty string that's attached to the NSP: Not less than 25% of funds available to each grantee must be used for housing activities that benefit individuals whose incomes do not exceed 50% of area median income and that all funds be used to benefit individuals at or below 120% of area median income."

Click here to read the Guide to Neighborhood Stabilization Program Eligible Uses

If I'm understanding what I'm reading correctly, the government is going to require that at least 25% of the foreclosed or abandoned homes be sold or rented to people who make less than 50% of the median income of their neighbors.

Call me crazy, but isn't that how we got into this mess with foreclosed homes to begin with? People who couldn't afford to buy the houses they wanted got great deals, then couldn't make the payments?

I can understand the 120% requirement. The government doesn't want speculators and investors to buy up all these great deals just so they can flip them and make money.

In addition to my concern about potentially putting people into houses they can't afford, I don't particularly care for the idea of having our government sticking its fingers into forcing upward mobility. I don't know what my neighbors make and don't want to know. Maybe they bought down, maybe they opted to buy less house so they could spend more on vacations. Who knows and who cares.

Here's a hypothetical situation: Say there's a house in Whitewater or a similar neighborhood that I covet. If I could figure out a way to buy it, I'd be there in a heartbeat. However, for the sake of argument, let's say my income is 40% of the median income of the neighborhood. Then, continuing the scenario, "my house" goes into foreclosure and all of a sudden I can buy the house with the help of the NSP. Wow. Great deal, huh?

But then I have to buy furniture. I have a huge power bill. I have neighborhood dues I have to pay. The pipes freeze and burst. The hot water heater goes out. I have to pay for lawn service because I'm working and can't keep up the grooming. The lake behind the house overflows into the yard ruining the landscaping. You get the idea, it's more house than I might could afford, even though the monthly payment is well within my ability to pay.

Pretty soon I'm wondering how I got myself into this mess.

I don't know enough about the details of the program, even after reading the Act and looking at other counties and states who've grabbed the funds. I'm not sure that someone who couldn't afford neighborhood dues, insurance, lawn service, etc. as I hypothesized above would be allowed to buy the home.

And, I don't know what will happen when Fayette County takes the money, if they ultimately decide to do so. I "assume" that since they're holding the public hearing tomorrow night, they've pretty much decided to go for it.

In past years Fayette County has stayed away from holding their hand out to the government. We've been very, very selective about the programs we've bought into. I hope we're not looking at short-term gain to the detriment of the long-term quality of our county.

Links:
The HUD Official Documentation: Housing and Economic Recovery Act of 2008
Minnesota's explanation / write up: http://www.mnhousing.gov/idc/groups/homes/documents/webcontent/mhfa_007646.pdf

PUBLIC NOTICE FOR A SPECIAL CALLED PUBLIC HEARING
THE FAYETTE COUNTY BOARD OF COMMISSIONERS WILL HOLD A SPECIAL CALLED PUBLIC HEARING AT 7 PM ON JANUARY 14th, 2009, IN THE PUBLIC MEETING ROOM OF THE FAYETTE COUNTY ADMINISTRATIVE COMPLEX LOCATED AT 140 STONEWALL AVENUE WEST, IN FAYETTEVILLE. THE PURPOSE OF THIS HEARING IS TO RECEIVE COMMENTS REGARDING THE NEIGHBORHOOD STABILIZATION PROGRAM (TITLE III, SECTION 2301 OF THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008 (HERA).

More on Defined Benefits for Fayette County, GA

If you're not from Fayette County, GA you probably won't want to read this (unless defined benefits retirement plans are a hot button for you).

Last night the committee the County Commission selected to study implementing a Defined Benefits Retirement Plan for county employees asked for more time (Vote on Defined Benefit Plan Vendor Choice Postponed at County Commission Meeting). Since asking for bids in September the group has been reviewing the many, many plans submitted by various companies hoping to get the County's business.

It's big business. It's a carrot with a short stick and a lot of companies are vying to be the ones to chomp down on that juicy veggie. (Hey, I'm the queen of bad metaphors... I'm sure before I finish I'll have you rolling your eyes to the heavens.)

While writing the "official" article for the Fayette Front Page, I went back and reviewed all the times the DB issue has come before the County Commission. They've been looking at it for over a year now. I've been at most of the meetings where it was discussed, or have a tape recording of the meeting. It's boring stuff to listen to and, if you're not in on the committee meetings, it makes not a whole lot of sense without documentation or background details.

However, I've muddled through.

One thing I had thought, but hadn't really researched, was that all the meetings regarding the DB plan were held during business hours. I was right. While there have been a number of presentations to and discussions by the County Commissioners, the public would have had a hard time being at any of the meetings if they weren't willing to take time off from work.

Not only would it be difficult for any member of the public to keep up with all the happenings in regards to the County's DB plan, it's not easy to find out when they're going to discuss it. It's on the agenda, but how many of you go check to see what's on the upcoming agenda? Especially the daytime Workshop agenda?

A lot of people don't even know that it's already a done deal. The Commission voted 4-1 to implement the plan back in December 2007. Commissioner Peter Pfeifer was the ONLY Commissioner to vote no.

During the election Commissioner Herb Frady started saying he had always been opposed to implementing the plan but he voted FOR it... and he said he was for anything that was good for the employees (or something to that affect, I'd have to go back and listen to the tape of the meeting again to give you the EXACT quote, but that's almost exact if not exact). If you go read my story on the Fayette Front Page and wander though the links at the end you'll see a video of Peter Pfeifer and Herb Frady discussing it during the election, the quote is on there.

All that is happening now is that the Committee appointed by the Commission to look into the Plans is trying to decide which company gets the business. Now there is a slim, slim possibility that the Committee will come back and say no, don't do it, but it is so slim you couldn't catch a minnow on the line.

However, while I say it is a slim, slim possibility, it's still possible. There's a group of citizens who've formed a PAC, Fayette Citizens for Open Government (FayCOG), who are fighting implementing the Plan. They don't feel that there have been enough open meetings and public input. They're asking for hearings and citizen involvement. You can get involved with FayCOG, or you can send your own emails and letters. You can come to the next meeting and voice your concerns.

Why, you might ask, should this involve the citizens of this county? Well, I might answer, it's going to cost the taxpayers a bundle in a few years. Your taxes are going to rise and / or some things aren't going to happen that should just to pay for benefits for employees.

The employees have a great retirement plan already. It's one that isn't going to drain the bank and it's not risky.

We're watching the auto bailout fiasco going on right now. A huge part of their financial woes are related to the dream benefits the employees have at the once-big 3. Everyone is running away from DB retirement plans because they are financially back-breaking. Yet here in our county we're embracing the failed plan and going in the opposite direction.

The bill is going to come due at some point. For the first few years things will run smoothly, then it's going to become a growing bubble that will burst when least expected.

I've been writing about this for over a year. It's bad news for the future of our county and it seems that not many are paying attention. At the very least, the County Commission should hold off with this taxpayer hold-up until after the financial crisis passes.

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Vote on Defined Benefit Plan Vendor Choice Postponed at County Commission Meeting
12/12/08 It appeared that County Commissioners were surprised when the newly appointed Fire and Emergency Director, Allen McCullough made his presentation regarding Defined Benefits. McCullough heads up the committee which is studying which company to select to provide and manage the Defined Benefit plan the County voted to implement last year (Dec. 5th, 2007; approved 4 – 1 with Commissioner Peter Pfeifer voting in opposition)... More

Kudos to Peachtree City for Saying it Straight

Peachtree City is raising taxes. If you live in Peachtree City that can’t make you a happy camper (or more accurately, a happy home owner). You tax bill is going to be higher.

The School Board is also raising taxes. The County Commission raised taxes last year and said earlier they were going to raise them this year.

Whoa, you say, I haven’t heard that. In fact according to some of the campaign literature I received the Commissioners said they haven’t raised taxes in two years. Janet, you have to be mistaken.

Nope. It’s just like former President Clinton’s statement regarding the definition of “is”. There are taxes and then there are taxes.

When Peachtree City says they’re raising taxes, they are doing exactly the same thing the County did last year and the School Board did both years. However, rather than candy-coating it with misunderstood terminology, “millage rate”, they said it straight out with great honesty.

Here’s a real simplified explanation of how millage rates work (don’t hold my feet to the fire if it’s not 100% technically complete, I’ll link you to an article that uses all the correct terms at the end of my editorial):

When your property values increase, which they usually do each year, the governing authority has the ability to off-set that increased value by decreasing or rolling back the millage rate. If they roll it back, those taxes don’t go up. If they leave it without changing anything your taxes go UP due to the increased value of your property. If they RAISE the millage rate, the taxes go up even higher.

Not rolling back the millage rate is called a “back-door tax increase”. Because it’s such a sneaky way to get more tax dollars from you, the state finally started requiring cities and counties to hold three public hearings anytime they weren’t going to roll back the millage rate.

Fayetteville isn’t rolling their back and neither is the School Board. Now Peachtree City is doing the same.

Those living inside the cities will get a double whammy. Their city and the school board didn’t offset the mill rate.

Unfortunately, even though the state requires the three hearings, most people only see something about their governing body having a public meeting regarding the millage rate. I’d venture to guess that 80% of the population doesn’t equate millage rate with tax hike.

In fact, I sat through a County budget meeting last year and Fayette County Commissioner Eric Maxwell said something to the effect that they weren’t going to raise taxes, no way, no sir. However, he said, they wouldn’t be able to roll back the millage rate for the first time in five or six years. I was filming that day, maybe I’ll go back and see if I can dig it up for you.

A tax hike by any name is a tax increase. Whether you say your not rolling back the millage rate or say you’re increasing taxes.

Although I’d prefer that Peachtree City not increase taxes, at least they say it like it is.

More on Bennett?

Well, I don't want to seem like I'm hung up on one subject here, but it seems there may be yet another potential issue brewing that might possibly involve Mr. Bennett in his role as McDonough City Attorney. There’s a second recent video (October 9th, link below) on Fox 5 News pertaining to McDonough, Mayor Pro Tem Brown and legal advice he says he received from the city attorney.

It seems Brown voted to rezone properties for three investors in his restaurant on six occasions in 2004. Brown says he was advised by the City Attorney that it was OK to vote on the rezonings even though one invested $25,000 and gave him a $9,000 loan and the other two each invested $10,000 each. He disclosed his relationship in one of the six votes (but still voted in favor of the rezoning).

Bennett’s name isn’t mentioned. Dale Russell states that Brown told him a city attorney advised him it was OK to vote on rezoning.

Bennett started with McDonough as their City Attorney in 2004.

I haven’t talked to Mr. Bennett, haven’t talked to Brown, but I do have some calls out about the issue. You know I’m gonna be penning another blog soon if I find out definitely that Bennett is the city attorney referred to in the story.

Can you imagine the uproar it would cause here if one of our Commissioners got caught voting for a rezoning for someone who’d invested in their business?

In McDonough, it’s getting pretty hairy due to this issue and the other issue Bennett was involved in regarding banning recording devices at public meetings.

Me thinks Mr. Bennett might have been wise to abandon ship before someone pushed him overboard.

Link to video: http://www.myfoxatlanta.com/myfox/pages/Home/Detail;jsessionid=F836213A234DF84FABE414E8AA45C9F1?contentId=4589102&version=1&locale=EN-US&layoutCode=VSTY&pageId=1.1.1&sflg=1

Falling on his sword...

I’ve heard a little more about Mr. Bennett’s fiasco with the McDonough city council from some folks in the Henry County area (so far none who are happy with him, but typically people who’re upset are the first to call or write…).

They’ve told me there are some so-called supporters who say he “fell on his sword” for his bosses.

These supporters are saying Bennett didn’t give the City Council the advice he admitted to giving them. He just lied to the media to cover for the guys? Fell on his sword, took the fall, took the blame… lied. Not that they use the word “lied” when they’re attempting to stand up for him.

(I’d have to ask my friends to stop trying to help me if the best they could come up with is that I lied…)

Watch the video (posted below) and see the story for yourself. Do a quick search and see what the newspaper reporter. There ain’t no equivocatin’ on what he admitted to doing folks.

Then he’s quoted in the newspaper as saying he made a mistake in giving the advice... not that he made a mistake in taking the fall.

So, what we have is a choice of how to view Bennett. Either he lied to cover for his bosses, or he missed the class 101 on Georgia’s Sunshine laws at Georgia State University.

Neither scenario gives me any warm and fuzzies about our new attorney.

Lying to cover for your bosses? Not a good move as far as I’m concerned. I rather like a bit of moral backbone in people who’ll be representing this county. If our Commissioners do something wrong I’d prefer an attorney who’d kick their behinds and make ‘em do what was right, and if they refused he’d resign rather than cover for them.

I’d also prefer an attorney who had a bit more experience under his belt. And someone who hadn’t sued the County on multiple occasions to toss out our sign ordinances. And someone without any controversy dogging him.

If you’ve read my previous blogs on Mr. Bennett you know the Commission said he was the “best qualified”. Best qualified in what ways?

When is a Noise MORE than a Noise?

The Fayette County Commission is considering changing the current noise ordinance. I suppose I should say Commissioners Herb Frady and Eric Maxwell are pushing to change the noise ordinance.

At a previous Commission meeting Maxwell, at the behest of Frady per Maxwell's comments, wanted the Commission to pursue looking over the current noise ordinance and making some changes to accommodate the individual who possibly caused the re-writing of the ordinance a few years back. Robert Horgan was clearly in the pair’s court at that initial meeting and Jack Smith went along. Peter Pfeifer was opposed. Chief Marshall Collins ended up with the task of looking over the ordinance and making recommendations.

During this Thursday’s meeting (9/27/07) Collins presented his suggestions. He cited a lot of sources and had clearly gone to great lengths to cover all bases. After it was all said and done, he suggested some minor changes including testing the decibel levels from the place homeowners gathered rather than at the edge of their property, changing the need for special exception permits to have to be voted on by the Board and adding an appeal process if permits were denied.

It was clear based on Maxwell’s comments that Collins didn’t get to where he and Frady wanted him to get (video to be posted on YouTube over the weekend). They want a free-for-all window a couple of hours a day on a couple of days a week where dirt bikers and motorcycle riders and any other noisemaker in the county can make higher than currently legal noises.

They haven’t said whether they’ll put a cap on the noise levels during those two-hour freebie windows, but one can only hope that there will be some decibel maximum set for that time frame if they move ahead. The time frame suggested by Maxwell was from 4 – 6 p.m.

When Maxwell spoke, he sounded very reasonable. Why wouldn’t you want that Dad with two young children to be able to ride their dirt bikes at least two days a week?

Hmmm…. Let me get a couple of notepads and see how fast the neighbors who’ll have to put up with the sound can fill ‘em up.

Something the Commissioners seem to forget in all their discussions is that the current noise ordinance doesn’t stop anyone from riding their dirt bikes or motorcycles. It just requires that they keep the noise at a reasonable level. Mufflers work fine. Riding bikes in the middle of 30 acres instead of on the edge of the property works fine. Having only one bike or maybe two instead of 5, 6 or 10 might help, too. I’ll reiterate… the ordinance doesn’t prevent anyone from riding their bikes or making other noises. It just requires them to be considerate of all those around them.

How do you discriminate against every other noisemaker during those two hours? Does that mean that during those two hours every kid with a boom box in the county can turn ‘em up to the max and blast us all away? Can I get my band together on the front porch and entertain my neighbors (whether they like my kind of music or not)? What if I’m a monster truck driver and I want to drive over old cars and crush them on my 40-acre property during those two hours? Can I take the muffler off my drag racers and do wheelies in the back yard for two hours?

Here’s another consideration: How do you pick the right time to allow excessive noise level? As said, Maxwell tossed out 4 – 6 p.m. That is homework time for a lot of kids. Some of the folks who spoke against changing the noise ordinance noted they had 60 plus decibel levels in their children’s bedrooms with windows closed due to the bikes. Don’t know about you, but I know I don’t concentrate very well when there’s a lot of noise.

My granddaughter takes a long nap around 3:30 p.m. every day. I can just imagine what would happen if the bikers (or any sustained loud noise) started blasting during her naptime. What about those who eat dinner at 5 p.m. or even 5:30 p.m.? What if you work the night shift and that’s your sleep time? What if you have an autistic child who doesn’t react well to noise? Should you have to move because someone moves into your quiet neighborhood and they want to blow their trumpet in the front yard for two hours? What if they have all their friends over next-door each week and hold a target practice? There is never going to be a good time to annoy all of your neighbors.

What appears to be happening is that the good of the majority is in the process of being pushed aside for the wants of one. There is one landowner who seems to be pushing the Commissioners to change the ordinance. At least he is the only one the Commissioners Maxwell and Horgan mentioned at the initial meeting and he’s the only one who was mentioned in the subsequent meetings. The family in question moved into a quiet neighborhood, built a dirt track, started riding all hours of the day and night causing the 15-plus neighboring households a lot of noisy grief. He has a son who’s aspiring to go pro with his motorcycle riding.

A few years back when the current noise ordinance was put in place, Commissioners visited some of the neighboring properties and heard the bikes. They spent a lot of time researching noise ordinances and other documentation. They put in a noise ordinance that has satisfied the vast majority of citizens in the county and complies with legal standards. According to Chief Marshall Collins, it has made the job of our judges that much easier because they have defined parameters.

How do you enforce a two-hour window? What happens if they ride an extra fifteen minutes? Do you take their two hours away from them as punishment? If you give someone two days a week to ride (or make as much noise as they’d like doing whatever they want), won’t they say that’s not fair, they should have three days, four days, seven? Why only two hours? That’s barely enough time to warm up the old bike. If I’m out of town on Tuesday can I have Thursday instead?

I’m going out to do my own research. So far I haven’t found a noise ordinance that allows a “make-as-much-noise-as-you’d-like” time exception. Generally most places are working hard to tighten their noise ordinance. They want a better quality of life and they’re not looking for ways to decrease quality of life. One of the speakers opposing weakening the noise ordinance said they thought Fayette County tried to be better than other places. Why in the world would anyone, especially some of our Commissioners, want to bring the county down? Why do they want to open a door that the majority is happy to keep closed?

Keep in mind readers, this isn’t about dirt bikes and motorcycles. This is about NOISE. When the current Board makes the changes, and chances are they will based on past performance, across the county noisemakers are going to be rejoicing and noise levels are going to go up for various periods of time. You won’t be able to do anything about intrusive noises during that period of time.

To answer my initial question, a noise is more than a noise when it infringes on your quality of life.

Contrasts

Back when Harold Bost, Greg Dunn, Glen Gosa, Linda Wells and Herb Frady comprised the County Commission, they goofed. One night in an executive session they were discussing a legally permissible issue and the conversation drifted into policy. They were behind closed doors. The county’s attorney, Bill McNally was not with them that night.

Someone realized they had strayed into questionable legal territory as defined under the Georgia Open Meetings Act and mentioned it. They stopped talking and got back onto the straight and narrow.

Now chances are, no one would have ever known they tiptoed accidentally over the line. If attorney Bill McNally had been there, it wouldn’t have happened.

What’d these guys do? The next day Commissioner Greg Dunn called each one of them and discussed the matter with them saying he felt they needed to be open about it. Once he had a consensus he drafted a press release and went to the press and the group turned themselves in. The group also agreed they would never meet in executive session again without an attorney present just to make sure they’d never stray, even accidentally.

Who’d have ever known if they hadn’t said anything? The easy thing to do would have been to keep mum. Now, to this day, some continue to accuse them of wrongdoing. Not something they deny, nor can they ‘cause they pointed the finger at themselves.

In my mind, that is admirable. I know there are some who would say why bother, why throw yourselves to the wolves? I think it says something about character and integrity.

Now contrast that with what our current Board of Commissioners did and has attempted to do in a vaguely similar situation (well, they both involve executive sessions…).

First, they ditch the current attorney and go attorney-less. They continue to meet, but do so without any legal counsel. That means they can’t talk about legal matters behind closed doors --- per Georgia state law.

One night they find they need to talk about a legal matter. Commissioner Pfeifer questions the feasibility of doing so, asking if they can without an attorney. The correct response would be something along the lines of “no, we can’t, let’s hire an interim attorney ASAP so we don’t break the law.”

But no, Commissioner Maxwell, who said he wanted to discuss the legal matter, scoffs. He ridicules the idea that they shouldn’t discuss the legal matter.

The entire group is sitting around the boardroom table and hears the exchange. They all make the decision to go ahead and talk about what they THINK is a legal matter (whether it really was or not) behind closed doors, knowing they are breaking, or potentially breaking, the law.

It says a lot about a person’s integrity and character when faced with an issue like this one. There are choices that have to be made. This Board made the wrong choice to my way of thinking, no matter how they rationalized it then or later.

After the meeting, they’re all still thinking they’ve discussed a legal matter and Commission Chairman Smith signs a legal affidavit (which he does after every executive meeting) certifying they talked about a legal matter.

Skip forward. Commissioner Pfeifer asks for an opinion ‘cause he’s still not sure whether what they did was right. The Georgia Attorney General says yes, they broke the law, but he’s not going to do anything about it. Yeah, he has bigger fish to fry and probably doesn’t want to get wrapped up into what could become a real political hot potato.

Pfeifer shares the information with the rest of the Board.

Now, chances are you and I would own up and say “oops, I wasn’t sure and I made the wrong choice, please forgive me” if we let it get that far. (Yeah, I know, you’d probably remember what happened to the past Board who turned themselves in and still have some heckling them about it… But most of us would come clean anyway, or at least I’d like to think the rest of you would!).

Does this group of Commissioners do that? Nope. Maxwell spins an elaborate tale that has him in a different room, pushing away from a microphone that doesn’t exist, going down a ramp that isn’t there and making statements he clearly didn’t make (video doesn’t lie as a friend of mine said). He and the rest of the Board change history, re-doing legal affidavits (can they legally do that???) and meeting minutes to try and make their breaking of the law vanish…

Let me guess what’s going to come next… there will be some statement that says they got the dates mixed up, or maybe a more elaborate spinning of facts of some sort. Maybe they’ll try to say they were thinking about a DIFFERENT meeting… except that’s the only meeting I’ve been able to find where a Commissioner called them on the fact they were trying to go into Executive Session to discuss a legal matter without an attorney. And, even if the same thing did happen twice, that only makes it twice as bad. That spin won’t make the August 1st meeting go away…

Here’s another one that works for a lot of politicians when they’re trying to get out of deep doo-doo… they attack the messenger, attack the ones who have a problem with the fact they didn’t own up and/or the ones who have a problem with the fact they broke the law. They’ll say it’s political or some other nonsense. Watch them, they’ll probably really go after Commissioner Pfeifer for questioning the issue and for wanting to do the right thing in the first place. Or they’ll come after yours truly (after all, if I weren’t there video taping the meetings then there wouldn’t be a record of things…).

Quite truthfully, if the day after the meeting they had admitted they goofed I’d have given ‘em a pass and I think most people would have done the same. Even if, when confronted with a ruling by the Attorney General that said they broke the law they’d admitted they goofed and asked forgiveness, I wouldn’t necessarily have liked it, but I’d probably have given them a pass.

But they didn’t. They tried to cover up what they’d done. They colluded to try and cover their backsides. People of character and integrity work well in the light. Some of these guys are operating with the lights dimmed and sometimes completely darkened.

Contrast the actions of the current Board with the past Board in some remotely similar circumstances. Night and day. Darkness and light.

Revisionist History…

On September 5th Commissioner Eric Maxwell attempted to change history. He asked that the Commission change the minutes of a previous meeting (August 1st, 2007) and that they change the affidavit regarding what they discussed during Executive Session.

To understand why this is important in the big scheme of things you need to know a bit about what Commissioners (and any other group of elected officials) are allowed to discuss legally behind closed doors (called Executive Session by the Fayette County Board), and what the restrictions are if they’re going to do so.

They can discuss personnel issues, real estate matters and legal items. That’s it. If they’re going to discuss a legal matter, they MUST have an attorney present.

The record (minutes) of the August 1st meeting reflected that Commissioner Maxwell asked that the Board discuss a LEGAL item in Executive Session. They did not have an attorney at that time.

If the records remained the same, and someone questioned them, then he and the Board could be in trouble.

As it turns out, at the August 1st meeting, Commissioner Pfeifer questioned whether they could go into Executive Session without an attorney. Maxwell said yes, the Board voted to do so, and they went… AFTER the meeting, an affidavit is signed by the Chairman (Jack Smith), which certifies what they talked about. Smith signed the affidavit which confirms they discussed a legal matter.

Now, fast forward a tiny bit.

Commissioner Pfeifer wasn’t comfortable with the situation. He decided to ask the State Attorney General (AG) whether it was or was not legal. There’s really no other entity to ask, as their office is the one responsible for enforcing the laws covering this issue.

Pfeifer got a letter back saying nope, that wasn’t legal, you guys broke the law, but we’re not going to do anything. Generally they have bigger fish to fry and they don’t like to get involved in local politics. Pfeifer provided a copy of the letters to and from the AG to the Board so they’d know they’d stepped over the legal line.

So, what’s a Board to do once they’re confronted with confirmation that they broke the law? They can “come clean”, say oops we goofed, own up and ask for forgiveness… or they could try to cover it up…

Maxwell opted for the second scenario and attempted to revise history.

On September 5th Maxwell recounted a fictitious scenario of the events that occurred on August 1st. He talks about pushing back from the microphone, moving away from the “bench” and being halfway down the ramp. He says he made comments while too far away saying it could be a legal item OR a personnel item and he asked the Board to change the records to reflect it was a personnel item rather than legal.

Some may not know that Maxwell is in a wheelchair. When he talks about being partway down the ramp, he’s referring to the ramp in the main Commission chambers where most meetings are held. Workshop meetings are held on the first Wednesday of the month in the smaller boardroom around a table, not in the main chambers. There is not a ramp. Both the August 1st and September 5th meetings were Workshop meetings held in the boardroom.

When Maxwell refers to pushing away from the microphone and leaving the bench, he is also referring to the main Commission chambers where each Commissioner sits in front of their own microphone on dais (or bench).

He could not have made additional comments while moving away from the “bench” as he was sitting around a small table. The video of the August 1st meeting clearly shows that he was sitting next to Commissioner Pfeifer, he moved closer to the table after the meeting adjourned for Executive Session (not away) and he did not make any further comments.

False accounts aside, there’s another real clear problem with Maxwell’s version of revisionist history. Commission Chairman Jack Smith signed the affidavit AFTER the Executive Session stating they had discussed a LEGAL item. Irregardless of whether Maxwell’s twisting tale had happened, the entire group went into the meeting believing it was a LEGAL item they were going to discuss. They all heard Pfeifer’s question and Maxwell’s caustic response. Then, AFTER the meeting, the Chairman signed off on it being a legal matter they discussed.

Watch the video. Watch the body language. Listen with all of the above in mind. Watch the side-ways stares as Maxwell recounts his tale. Watch the fidgeting hands. While Maxwell may have been the point man on this one, I’d venture to say there was a little scrambling behind the scenes on how to handle the potentially hot breaking of state law. Did they really think they could revise history and that we wouldn’t be able to see the glaring discrepancies? They KNOW that the Fayette Front Page films all meetings. Were they hoping we wouldn’t get curious and take a look? Did they WANT to get caught or did they just assume they could get away with revisionist history?

Watch the video for yourself. Make your own decisions.

Sneaky-Pete’s

I heard the term “sneaky-Pete” for the first time recently while talking to a former County Chairman circa early 1990’s. He was referring to the current Commission’s practice of voting on issues without any public notice. He said the commission was “pulling a sneaky-Pete.” What a great phrase!

Your County Commission is pulling one sneaky-Pete after another. Unfortunately, aside from 2 or 3 faithful citizens, a couple of reporters and the county staff who’re required to be at the meetings, tain’t nobody at the meetings to see what’s going on. Also unfortunately, it seems not very many people pay attention to the local newspapers when they report on the votes. However, even if the articles are being read, the newspapers only give passing notice (if any at all) to the fact that the issue wasn’t on the agenda.

I’m not going to rehash all the votes that appear to have been decided in private before the meeting, then brought up in a seemingly orchestrated manner during “Board Reports” at the end of the meetings. (I’ll add one of my old opinion columns from the beginning of the year titled “Forget the Agenda” later for anyone who wants a tiny bit of background.)

Today’s blog is focusing on one thing that a certain few on the Commission tried to sneak through that seems to be getting ready to blow up in their proverbial face (another idiom… I’m just full of ‘em today!).

The issue of the day is redistricting.

At the Commission’s recent retreat (the rather expensive retreat held so far away during working hours making it virtually impossible for any citizen attendance) Commissioner Herb Frady presented everyone with his version of a map moving voting lines in the county around. Let me back up just a tiny bit and say that at the beginning of the day’s meeting the facilitator made it clear to all that this was not an official meeting.

The Commissioner’s discussed it. It was fairly obvious who’d been in the loop on Frady’s travels and who was left out. It was presented pretty much as a done deal, just needed everyone’s rubber stamp support and it was off to the Legislature and the Department of Justice.

Commissioner Peter Pfeifer suggested they might want to look at other ways to re-draw the map drawing the ire and sarcasm of a few of the Commissioners. Chairman Jack Smith tepidly tried to smooth things over as he often does, but as always these days, he sided with the crew. No vote, not that kind of meeting. But four of them agreed to pursue it as drawn by Frady with one minor modification done by the state.

Remember, no public, no public input requested.

Moving forward, we’re at the next official Thursday night Commission meeting. The redistricting map isn’t on the agenda. No word of it until… ta da… Board Reports. It’s brought up for a vote. Yep, a vote. No public input. No public notification at all. Commissioner Pfeifer calls attention to the fact and forces the crew to put it on an agenda for public discussion and involvement.

Soooo, how does the group handle this monkey wrench that Pfeifer tossed into their smoothly running operation? They put it on the agenda for a special called meeting on a Monday morning during the regular working day for the vast majority of Fayette citizens. No separate notice to anyone that they’re going to discuss an issue of this magnitude.

The agenda for the business day special called meeting is published three business days before the actual meeting. No way it’s getting in any newspapers.

A few years back the County Commission considered redistricting. There were public meetings across the county asking for citizen input. There was also a lot of controversy, which I’ll save for another blog ‘cause it’s not germane to the focus of this column.

This one is in the process of becoming public despite the best efforts of the Board. Commissioner Pfeifer is speaking out and taking heat as his words are ignored and / or attacked by his fellow board members. What is really going to bring this issue to the forefront of voters across the county is the move by a rather large group of citizens who are organizing to push for district voting.

My biggest beef (another colloquialism) with the redistricting map is the secrecy involved in pushing it through.

I don’t understand the rush, either. When redistricting, the numbers used by law, are those from the last census. They are using numbers from the 2000 census for Frady's map.

The 2010 census is already in preparation. We’re less than 3 years from getting new numbers. Chances are that the new numbers will throw the current Frady proposal out of kilter completely and we’ll be looking at yet another redistricting. According to official census estimates the county population increased by close to 17% from 2000 to 2006. Where did these 15,000 plus folks move? To the north end of the county? Peachtree City? Brooks? Is the current map already obsolete?

Isn’t it logical to get on a cycle of reviewing districting maps in conjunction with new census data every ten years?

Here’s another thought… We’re coming up on a difficult Presidential election cycle. There’s an early Presidential primary being held separately from our normal primary, which means the election office is already going to have extra things on their plates (just full of those oft-used phrases today, aren’t I?). Why add to their burden now? Why not wait a year, two years?

Which begs another question, why wasn’t the county election’s office involved in drawing the map? Why wasn’t the election board involved in the process? I was told they were asked what the number and contact information was for the state reapportionment office… that’s it. Not, “can I get your input on re-drawing a map?”

This is Commissioner Herb Frady’s project and whatever may come, it’s on his doorstep.

Jack Smith, Chairman
40 Argyll Drive Peachtree City, GA 30269
Home Phone: 770.487.4644
Office: 770.460.5730
Ext. 5101E-Mail: JackSmith@fayettecountyga.gov

Herb Frady, Vice Chairman
100 Old Magnolia Lane Fayetteville, GA 30214
Home Phone: 770.487.9203
Office: 770.460.5730 Ext. 5101
E-Mail: mailto:herbf@admin.co.fayette.ga.us

Robert Horgan
210 Wesley Forest Drive Fayetteville, GA 30214
Home Phone: 770.461.0250
Office: 770.460.5730 Ext. 5101
E-Mail: rhorgan@fayettecountyga.gov

Eric Maxwell
225 South Glynn Street Fayetteville, GA 30214
Office: 770.460.5730 Ext. 5101
E-mail: EMaxwell@fayettecountyga.gov

Peter Pfeifer
220 Copperplate Lane Peachtree City, GA 30269
Home Phone: 770.487.2654
Office: 770.460.5730 Ext. 5101
E-Mail: ppfeifer@fayettecountyga.gov

County Commission Mailing Address:
140 Stonewall Avenue West
Suite 100
Fayetteville, Georgia 30214
Phone: 770.460.5730 extension 5400
Fax: 770.460.9412
e-mail: cchandler@fayettecountyga.gov

Georgia Reapportionment Services Office
18 Capitol Square, Room 407
Atlanta GA 30334
phone: 404-656-5063
FAX: 404-463-4103

I’ll add the info for your local legislators and the Department of Justice later.

(Side note: I didn’t point out all the descriptive phrases I used above that have, through time, become part of our everyday language. I once read a book on the history of English (a companion to a PBS series. The background of our ever-changing language is fascinating! And yes, I know I regularly drop a fair amount of well-worn phrases into my writing.)

County Redistricting 101

We’ve learned that one of our county Commissioners is following the steps in the little known top-secret manual, “Simple Ways to Take Care of Political Opponents” as he stealthily works to eliminate potential political opponents for he and his buds on the Board… Shhhh, don’t tell anyone that we found a copy of the manual… Here are a few pointers from the first chapter, “Redistricting 101”:

First, find out where all your potential opponents live.

Second, draw a map putting all of your potential opponents in someone else’s district.
Note: If you’d like to curry favors and goodwill from your political allies, try to take care of their potential opponents, too! Remember, you need to keep your allies happy! It’s in YOUR best interest also as you definitely don’t want to have any of your potential opponents win any seat… your goal is to attempt to shut them down completely! To do it right, be sure to put your potential opponents in the district of someone you don’t like and /or put them in the district of someone none of them would want to run against.

Third, try to find a way to make it look like it’s something you’re doing for the “good of the people.” If you can’t figure out a way to do that, then make it look like you’re being pushed by outside forces to do the redistricting. You already have a devious nature or you wouldn’t be reading this manual, thus it’s not necessary for us to provide numerous ideas for cloaking your true intentions.

Fourth, if at all possible, do a sneaky-pete and try to slip it through without a public hearing. If caught, pull a “huh-duh, didn’t know that we had to”. Then, instead of doing the public hearing at a time when the public can actually have some input, stick it in a meeting during a weekday when everyone is working.

Unfortunately, he must have stopped reading before he read the last chapter, “Avoiding Pitfalls”. There are too many pitfalls in the chapter to begin to cover in this short blog, but we’ll touch on two that pertain directly to the issue at hand.

Before you can redistrict those potential opponents out of your life, you have to be absolutely sure they aren’t planning to move any time in the near future. No one, but no one, will believe you if you try to change the map a second time.

Second, the manual states over and over, chapter after chapter (but it’s emphasized in Avoiding Pitfalls) that you cannot ever, ever tell anyone what you’re doing. Anyone. You’d be surprised at how people like to share secrets, even when you’re just doing something to try and help them out.

If they really want to prove it’s non-political…

At the Commission retreat down at Callaway Gardens one of the items on the agenda concerned hiring the new in-house attorney. Just in case anyone who’s reading this might not have heard, they fired long-term county attorney Bill McNally recently. They’ll tell you that they didn’t fire him because in the motion to do away with his services they said they’d like to use him as an “out-house” attorney (Commissioner Eric Maxwell’s terminology). Given the fact that they knew before they made the motion that night that McNally’s firm wasn’t going to take that bone to gnaw on (what self-respecting attorney would?), it’s pretty clear they just tossed that in so they could SAY they weren’t firing him. Knowing the firm wasn’t going to continue the relationship, the prudent thing to do in my mind would have been to continue the postpone the vote until contingency plans had been made.

Back to the ‘doings’ at the retreat. There was a lot of talk from some about making sure they keep the attorney selection process “outside the politics of the five Board membership”. Commissioner Robert Horgan suggested they put together a committee to sort through all the applications and that only the top three (later expanded to ‘three to five”) contenders would be given to the Commissioners. They would then interview the three to five and choose one. From the subsequent discussions, it was fairly evident that the committee idea had been given quite a bit of prior thought by some commissioners.

The committee the four commissioners decided upon was the Sheriff (constitutional officer), the head of Planning and Zoning, the head of the Water Department, a representative from the tax board, the head of Human Resources and the Commissioner’s Administrative Assistant. The group would be headed up by the Board’s pick for the interim County Manager.

Sounds good, right? Takes the Commissioner’s out of the mix, right?

Weeellll…. No.

To be truly independent you’d take it outside. There would be a headhunter or some agency specializing in legal personnel that would do the search. All the applications would go to them, they’d use the criteria set forth by the Commissioners to determine the top contenders.

Another scenario might be to have each of the Commissioners choose one person to go on the committee. Another might include some independent citizens.

Another additional layer which would help remove any questions of bias, which Commissioner Peter Pfeifer suggested, would be that after the committee has selected the top candidates, allow the commissioners to review those that didn’t make the cut. Pfeifer’s suggestion was shot down by the other four. They plan to shred all the applications and resumes.

At first I thought shredding the information after it was all said and done was a good idea. However, what’s the point? Applications are supposedly confidential whether they’re shredded or not. There will be so many people who’ve seen the applications prior to shredding them that a symbolic shredding will do nothing but make some people wonder why.

I would have to wonder why they didn’t want a Commissioner to see the ones not chosen. If even one of the Commissioners had a question about the process it would seem reasonable to do everything to allay his concerns.

I would also question whether any Commissioner or group of Commissioners has the right to deny a fellow Commissioner the ability to see all of the applications. The committee gets to see them, the interim County Manager gets to see them, someone on the tax board will see them. Personnel staff will see them. But a sitting, elected official partially responsible for hiring an attorney isn’t allowed to see all of the applications? Even AFTER a committee has vetted them? Sorry guys, that ain’t keeping politics out of it.

Regarding the committee itself, don’t get me wrong, I am NOT saying I think anyone on the committee is corrupt or that they’re bad people. I don’t know one of them and I happen to have a lot of respect for some of them. I’m simply talking about the fact that the commissioners said they wanted to take politics out of the mix and they wanted to handle the selection process in such a way that no one could question how they did it. Is having a committee of friends (of some commissioners) and those whose job depends on staying in the good graces of the Commissioners really an independent committee?

And, if you are serious about taking politics out of the mix, would you put the Sheriff, arguably the elected politician with the most clout in the county on the committee? What about the fact that this same politician openly worked to get three of the current Commissioner’s elected to the Board?

Taking the Sheriff out of the equation, want to know how easy it is to get around the committee they chose? Let me suggest some potential scenarios.

If any of the commissioners had a favorite in the wings, it’s easy to conceive that at least two, if not more, of the folks on the committee might know exactly who that someone might be. All that’s needed is to drop it casually into a conversation. So you could have a bias or slant walking into the mix.

I’ve already mentioned the potential problems that might creep into some people’s minds: Having a committee of employees whose future with the county is dependent upon the commissioners being happy with them. It might not be a factor. Then again it might be a factor. Either way to some it won’t achieve the goal of independence from political consideration. If even one of those on the committee knows what their boss wants, even indirectly, you’ve defeated the purpose before the first meeting.

So now, let me see if I can come up with a few other potential ways this independent committee could be influenced. The commissioners are setting up the criteria for choosing the top five. One commissioner is an attorney, all of the commissioners have lived in the Atlanta area and /or Fayette County for quite some time. They probably have a pretty good idea of who might fit the bill for the job. Again, not saying they would or they will, but the criteria could be set up in a way that pretty much assures their guy (or gal) is in the top three to five.

Let’s say one or more of the commissioners has an idea of who they want to hire. They also know the criteria. In casual conversation they happen to make sure the attorney friend they would like to see hired knows what they’re looking for so they can craft the appropriate resume.

I’d imagine if I really, really put my mind to it I could poke some more holes. However, I’ve poked more than one hole and that’s all I think it really takes. I’m sure a long time before the retreat that discussions had been had between 3 or 4 of the Commissioners about how to select a new attorney. Want to make it truly apolitical and independent? Let me count the ways it can be done…

I can’t keep up…

You’re probably wondering why so many of my blogs are focusing on the Fayette County Commission… or maybe you’re just reading and not thinking that at all! Either way I’m gonna ‘splain…

My number one focus when working on the Fayette Front Page is to try to do my small part to make our wonderful county just a little bit better. Or at least try to help keep it the way it is. I love this county. I want to stay here, retire here, spend my last days here.

I’m a Georgia native. However, we were military (Air Force) and a few months after birth we moved to California, then England, then back to the states. I lived in Savannah, then moved to East Point and then to Morrow where I graduated from High School. I watched what happened to East Point. I watched what happened to Morrow. My grandparents moved from Ben Hill to Tyrone. I saw what happened to their old neighborhood and county.

I married, moved to North Carolina and then New York. When I divorced, I came home to Morrow. Long story, but around 25 years ago I moved to Fayette County. My son went to grade school, middle school and high school here. I drove Highway 74 to Atlanta when it was a two lane, and later a four lane. I used to hate getting stuck behind the guy on the tractor who’d chug along most mornings with a long line of cars behind him. On more than one occasion I sat waiting not so very patiently in the car while someone tried to figure out how to get the escaped cow to get up from the middle of the road so the growing backup of vehicles could get moving.

I’ve watched as Hwy. 74 changed and changes in almost the same way as Old National changed many years back.

I’ve watched the county change over the years. Many good changes. Some not so good. We’ve been very, very lucky to have, for the most part, Commissioners in office who have given much of their talents to keeping the county on the right track. I told my husband many times that I felt like he and his fellow commissioners were like the little Dutch boy who put his finger in the dyke to hold back the water. Keeping the land use plan intact and making sure not to give an inch so developers wouldn’t take a mile. Having a strong sign ordinance that allowed businesses to advertise yet kept us from looking like some of the other sign-heavy counties. Planning for the future, putting money aside, building water reservoirs and so on and so on.

Lots of strong fingers are needed to keep the water from rushing through many holes. It takes a lot more than most think to protect the treasure that is Fayette County.

Being a Commissioner is often being like Solomon in the Bible. Hard choices, some right on both sides in many cases and sometimes some wrong on both sides. The one thing that should always, always be in the forefront of a Commissioner’s mind with every decision they make is the wellbeing of the taxpayers and citizens of the county they are serving.

Their purpose is not to compromise their values to accommodate other commissioners or constitutional officers. Their purpose is not to take care of their own political future. Their job is not to take care of their buddies. Sometimes their job is not to push the agenda they like at the expense of what is right for the county. Their job is not to act out personal vendettas. Their job is not to feather their own nest or that of their friends.

Their job is to safeguard the future of the county and to take care of the citizens (all of them, not just a select few). They need to be able to see the big picture and to see what the repercussions of their current actions will be 5, 10 and fifty years in the future. They need to be able to set aside the influence of their friends.

This Commission is raising taxes. This Commission is making what I feel are some serious, serious mistakes that are and will detrimentally affect the future of the county. This Commission is on the verge of messing up so badly a new group of Commissioner won’t be able to fix the mess. I’m seeing shades of East Point, Clayton County, and Ben Hill.

I tried to cut them some slack. They were new for the most part. Even though I wasn’t thrilled with the election results (to say the least!), I still felt like there was a good chance this Commission would act in the best interests of the citizens. I knew up front they were going to make a few decisions I wouldn’t like. However, after sitting through meeting after meeting and seeing the Commissions in action it’s clear I was wrong.

I’ve had a problem from day one with the way the Commissioners aren’t disclosing things to the public that should be disclosed. I don’t like sneaky. You don’t hide in the dark if you’re doing what is right. Not putting issues on the agenda, voting on things when not all of the Commissioners have been informed, popping up with issues without public notification are not just wrong, they are horribly wrong. It’s shady, sneaky and deceitful. It’s breaking the public trust.

You can go back and read some of my blogs and read some of the articles on the Fayette Front Page for a limited chronicle of votes. Very limited. I could write all day, every day and not keep up with all the things that the public, that you the taxpayer, need to know about the actions of this County Commission. You need to be watching. You need to get involved. It’s your future, it’s your county. It’s worth an hour or two a month to safeguard your home.

“A shocking crime was committed on the unscrupulous initiative of few individuals, with the blessing of more, and amid the passive acquiescence of all.” - Tacitus

Noisy Neighbors

We’re lucky. At least thus far! We live on five acres at the moment and we’re surrounded by five-acre tracts. We have neighbors on all side, a few with children, but many are much older than we are and have lived here since before we were born. It’s a fairly quiet neighborhood with lots of wildlife and woods.

When the new folks behind us started clearing the back half of their land we were a little concerned. They wiped out all the trees, pretty much razed the area and made what appeared to be paths at first. What if they were putting in a dirt bike track? Would the wonderful silence we enjoyed be marred by the revving of motorcycles or dirt bikes? Would the wild turkeys still come walking across the property with their new chicks in tow? Would the deer steer clear? When our granddaughters came to visit would their naps be interrupted by roaring engines? Would we have to walk to the front of the house to hold a conversation on the phone at times? What about our good friends who occasionally brought their autistic child over? He has a difficult time with noises.

Many in Fayette County have had that nightmare happen in recent years. New neighbors moved in who wiped out paths and wiped out their peaceful way of life. Dinners interrupted. Naps disturbed. Windows that used to stay open kept closed to try and bar some of the noise. No more sitting on the back porch swing watching the hummingbirds.

We were lucky. No bikes, nothing that disturbed our peaceful neighborhood.

The previous Fayette County Commission spent a considerable amount of time not too long ago researching noise ordinances across the country when complaints started coming in from three areas with new or fairly new bike tracts. Multiple bikes were roaring at odd times destroying neighbors quality of life. The Commission crafted a well-researched, well-thought-out ordinance that would allow those with dirt bikes to ride, yet would protect the lifestyle of their neighbors.

By adding a muffler the bikers could ride to their hearts content without hitting the 55 decibel threshold. Or, if they chose not to add a muffler, they could stick to the middle of their property and chances were in most cases the noise level wouldn’t hit the nuisance level.

Some aren’t willing to buy mufflers. Some properties are such that they must ride on the boundaries of the property.

Now it seems that one of the bikers who didn’t like the compromise has found a willing ear or two on the current County Commission. They are looking at changing the noise ordinance to take care of the dirt bike riders.

Why? It could just be that these new guys are just that --- new. They are in a rush to make all kinds of changes before they’ve even figured out how things really work.

Another possibility is that every citizen who ever had a vote go against them is now bending the ears of the new guys. Maybe they were angry because the noise ordinance didn’t go their way. Maybe they wanted a piece of property zoned and were denied. They supported those who ran against the ones who turned them down, now they’re looking for payback.

Or, is it being pushed through by Commissioner Herb Frady? It appears that every vote Frady lost is now being brought up again. Is this just another in a series of vote and policy reversals, or attempted reversals, that have been happening since January 1st? We’ve seen the issue between the Shenadoah and Highland Hills subdivisions brought up, sewer from Peachtree City into the county, the zoning request for the property on Ebenezer Church Road, the firing of Chris Venice (County Manager) and Bill McNally (County Attorney), the list goes on and now includes the noise ordinance.

People have a right to enjoy their property. People have the right to ride dirt bikes. I’ve ridden a few in my lifetime. However, my rights and those of the bikers, stops at the edge of our property. When the noise travels across that property line and destroys or seriously infringes on the rights of neighbors it’s reasonable to expect a remedy.

During the recent meeting where the Commissioners discussed the noise ordinance some ideas were tossed out. Limiting the time when they could ride bikes. It can’t be during school hours because most of the riders are probably school age. Should it be during the kids nap time? During dinner? What about the third-shift workers sleep time? Early Saturday morning when many people want to sleep in? During the time when kids are doing their homework? Should all the neighbors who were there first be polled to see if there’s a good time for excessive noise?

Why not use mufflers? Why not try to get along with the folks who were there first? If a bike track moved in behind us, how easy would it be for us to sell our property? Would we have to disclose the disturbance? Would our property values decrease? Why bring this back up?

At least one of the Commissioners lives on a huge tract of land. He could solve the problem simply by inviting them to come ride on his property. Oops, I bet the neighbors would complain.

View the County Commission as Commissioner Eric Maxwell brings the item up for discussion at the behest of Commissioner Herb Frady: http://www.youtube.com/watch?v=rVmgibsXfJk

Retreat Impressions

Well, I just got back from the Fayette County Commission retreat at Callaway Gardens. I have family in the area so I went down Tuesday thinking I might go to that night’s introductory session. Spending time with my cousin beat out sitting with the Commissioners. I very much enjoyed dinner and yakking with my cuz…

Today I was up bright and early in order to get to the conference center with a bit of time to spare. I decided to grab a bit of breakfast at the Center since my cousin’s refrigerator held nothing that enticed me. The buffet was $11.95. I had a cup of hot tea and, after looking at the just-as-pricey menu with nothing that sounded good so I ended up paying for the buffet just to get some eggs and grits. I waved to the Commissioners and staff who were already enjoying the buffet.

When I finished and got down to the conference room they had a full spread of fruit, cereal, milk, croissants with cheese and some kind of meat, yogurt, coffee, tea and all kinds of goodies. I knew they’d have food, but I didn’t expect a full-blown meal. Most of the food went to waste unfortunately as all but one savvy reporter from the Citizen ate breakfast.

The Commissioners got down to business on time or close to on time. First they did an exercise with some shapes, you can watch our YouTube video to see them grappling with that one. There was a good purpose and a good message that went with everyone working together to build a square with the shapes. Afterwards, a short film, also designed to convey a message and set the tone.

Then they got down to the business of fine-tuning a vision statement, a value statement and a mission statement. That ate up quite a bit of time. Still it was interesting. At times.

A late night of talking combined with sleeping in a strange bed and an early morning combined to have me yawning before they finished with the statements. Finally we were ready to move on to some of the REAL issues on the two page agenda. There were 13 items listed, many with multiple sub headings. The items listed included weighty matters like the judicial circuit, a future industrial park, the recreation plan and other items including space utilization of the judicial center, full-time vs. part-time magistrate court, transportation. The kind of stuff that makes a reporter’s eyes light up and the pen zip across the page…

Ah well, most of those topics will have to wait to another day. Time ran out before they touched on most of those items.

One interesting item that won’t cause your eyes to glaze over (hopefully) was the topic of “Selection Process for Staff Attorney.” I’ll be writing a separate blog on that one and you’ll be able to watch it on one of our videos. Here’s the end result in a few short lines. There’s going to be a committee of county department heads, the Sheriff and a representative from the Board of Tax Assessors who will review all the applicants. The Board of Commissioners will get the top three to five. They expect at a minimum that the process will take 45 – 60 days. They haven’t decided on the exact compensation yet. They’re working on a job description.

There was a lot of talk about procedures, staff direction, finances and related. We’ll be pulling some of the more interesting discussions from our multi-hour video of the day for you. One thing that stood out from the discussion of the Capital Improvement Program (CIP) and finances in my sleep-deprived brain was that the last Board left the County in great condition. Video cameras are great when you didn’t quite get enough sleep or your mind wanders! By the time the video has been condensed into YouTube segments there won’t be much that isn’t permanently seared into the old gray matter!

At the end of the day, the moderator told everyone they’d done a great job. The Chairman thanked everyone for coming and said he agreed they’d accomplished a lot. He thanked the three Fayette County citizens who made the trek down to Callaway for coming and said he wished that more citizens would have come. By the way, there will be a second retreat to finish up the items they didn’t get to. That meeting will be held on August 20th at the County Complex starting at 8:30 a.m. Given that a one hour drive isn’t involved, maybe more citizens will decide to come.