Category Archives: Law

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

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

7.h. Video Arraignment for Juvenile and Magistrate Court

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

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

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

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

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

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

TF: Call me Tom. Gee whiz.

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

TF: Thank you. Yes ma’am.

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

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

Another problem with Vogtle Continue reading

Sun dancing as a Georgia Trend

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

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

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

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

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

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

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

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

Continue reading

Cobb coal exec prosecution can proceed –Georgia Court of Appeals

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

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

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

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

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

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

Tipping fees vs. host fees from Veolia

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

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

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

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

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

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

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

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

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

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

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

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

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

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

-jsq

Budget Telling Tonight @ LCC 2013-06-25

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

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

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

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

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

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

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

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

Continue reading

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

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

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

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

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

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

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

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

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

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

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

Here’s the agenda:

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