CorinthHills.org

By Tim Eberly
The Atlanta Journal-Constitution
Tuesday, September 15, 2009
Updated 6:13 a.m.

Gwinnett County District Attorney Danny Porter on Monday requested a special grand jury to investigate questionable land purchases by the county’s Board of Commissioners.

Porter filed paperwork Monday for a “special purpose grand jury” - the first time he has made such a request since he became district attorney in January 1993.

Porter initially said in July that he planned to ask the county’s regular grand jury, which is being assembled this week, to investigate parkland purchases, after hearing the findings of an Atlanta Journal-Constitution report on four of the questionable land deals. The AJC article was published on Aug. 2

But Porter decided instead to ask Gwinnett County Superior Court judges to empanel the special grand jury because it could focus solely on the land purchases and no other county matters. It also would not have a six-month time limit that regular grand juries have, Porter said.

“This seems to be the best legal tool,” Porter said. “It’s not a very commonly used legal device, but it’s the closest thing that Georgia has to an investigative grand jury.”

None of the five commissioners, including Chairman Charles Bannister, could be reached for comment Monday evening.

Gwinnett residents have not had a special purpose grand jury since 1989 or 1990, when one was empaneled to examine price-fixing of milk in county schools, Porter said.

Whether the special grand jury will be empaneled this time lies in the hands of Gwinnett County’s Superior Court judges. The majority of them would have to vote in favor of the grand jury for it to be created, Porter said.

If it passes, the special grand jury would be able to review any land purchases by the county commissioners.

But Porter said he is particularly interested in “five or six” purchases for parkland in the past five years.

Four of those were detailed in the AJC’s article.

Each land deal involved politically connected developers who had ties to county commissioners who pushed for the purchases, which were at inflated prices and based on questionable appraisals.

“I’m going to recommend that they do an in-depth evaluation of those,” Porter said. “The red flags, so to speak, are the relationships between the seller and a commissioner.”

Porter said he would recommend that the grand jury delve into the value of the properties and the county’s appraisals of the land.

The grand jury would have the power to subpoena documents, to compel witnesses to attend and to hire experts to assist in the review, Porter said.

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The following are comments from members of the Stone Mountain Memorial Association (SMMA) from recent board meetings regarding the status and fate of the Stone Mountain Tennis Center

All SMMA board meeting minutes can be reviewed at StoneMountainPark.org

• A meeting of the Stone Mountain Memorial Association was held at 1:00 p.m. on Monday, May 18, 2009, at Evergreen Conference Center, Stone Mountain Park, Stone Mountain, Georgia.

TENNIS FACILITY LEASE WITH GWINNETT COUNTY
Mr. Branscome (Curtis Branscome, SMMA C.E.O.) reviewed the terms of the lease which was provided in the agenda materials. The lease provides for the operation of the tennis facility by Gwinnett County after the stadium is demolished. This is a 50 year lease which is permitted between governmental entities. The SMMA staff recommends the approval of the lease.

Finance Committee Chair Bill Chappell moved for the approval of the lease. Mr. Baxter stated that the Finance Committee has recommended the lease for approval, therefore no second is required. The SMMA Board unanimously approved the tennis facility lease.

• A meeting of the Stone Mountain Memorial Association was held at 1:00 p.m. on Monday, June 15, 2009, at Evergreen Conference Center, Stone Mountain Park, Stone Mountain, Georgia.

PUBLIC COMMENT
Mr. Lee Baker (Lee Baker, Executive Director, Gwinnett Sports Council) addressed his concerns regarding the demolition of the Tennis Stadium. He requested that the SMMA Board reconsider the decision to demolish the stadium. Mr. Baker understands that SMMA has not had any success in utilizing the Stadium over the past years. His belief is that the facility must be transitioned to a multi purpose facility with a roof or a bubble to remove the weather element in order to market it effectively. Mr. Baker listed many events that could take place at the venue if it had a roof. This facility could serve crowds that would not be accommodated by a 2,000 seat high school gymnasium.

He has reviewed the structural assessment report prepared by Rosser international which notes deterioration that has occurred but poses no immediate threat to the continued operation of the facility. The report was dated two years ago. To spend $2 million to demolish the stadium is hard to accept.

He asked if SMMA had done a feasibility study on putting a roof on the stadium and what benefits this would have for the area. SMMA’s response has been that this would be pouring good money after bad. Would if be worth verifying with a study, that would cost less than $50,000, to either confirm the decision to demolish or find that a multi-purpose facility could not only sustain itself but bring thousands of new visitors to the Park each year? The Stadium is positioned at the Gateway to the Evermore CID, which would welcome the visitors to the shops, restaurants and hotels in the area. By partnering with the Evermore CID, it could serve as a catalyst for a rebirth of the area.

Mr. Baker understands that an agreement has been signed with Gwinnett County to demolish the Stadium and turn the remaining tennis courts over to them. He is sure the county would reconsider its position on the conversion if an economic impact study shows that benefits would be substantially greater for all than using the area as a tennis park. Mr. Baker asked the Board to reconsider its actions or to share additional documentation that supports the decision. He requested the Board to allow a group led by him to inspect the facility. He has checked with Gwinnett County and they have told him any inspection would be SMMA’s decision.

Mr. Baker requested a reasonable amount of time to follow through with this discovery and make it as public as possible so no one can question what would be in the best interest of the citizens and taxpayers of the area.

Mr. Baker thanked the SMMA Board for allowing him to make the proposal. Mr. Branscome stated that the SMMA Board and the Gwinnett County Commission has approved and executed a fifty year lease on the tennis property with the stipulation that the Stadium be demolished. If Gwinnett County comes to the SMMA Board and requests that the agreement be amended to delete the requirement to demolish the Stadium, then SMMA would consider not spending monies on demolition. The agreement is legally binding and the fate of the facility is solely in the hands of Gwinnett County. Mr. Baker inquired as to whether a study had been done to determine the feasibility of putting a roof on the stadium. Mr. Branscome replied that to his knowledge no study had been performed. Mr. Branscome said that he envisioned that a roof would cost millions of dollars and that if the Evermore CID had funds for this they should present them to Gwinnett County along with their proposal.

Mr. Baker also asked who would need to decide to perform a feasibility study. Mr. Branscome stated that the binding agreement was with Gwinnett County and any study would need to come from them.

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By Camie Young
Senior Writer
Gwinnett Daily Post

LAWRENCEVILLE - Gwinnett officials as well as owners of trash hauling companies met in court this week to try to find a solution to a battle brewing since last year.

County Administrator Jock Connell said a resolution was not reached after mediation sessions Tuesday because some of the proposals had to be explained to the Gwinnett Board of Commissioners before a decision could be made.

The only board member to participate was Chairman Charles Bannister, but Connell said all the plaintiffs and defendants in multiple lawsuits over the issue participated.

The county has been involved in the court battle since a judge last year threw out a proposed trash plan, that would have divided the county into districts and given contracts to the low-bidder in each district. Companies that did not win the contracts sued, and then the winning contractors, who had spent millions readying themselves to begin serving the districts, sued when the proposal was scrapped.

Advanced Disposal Services filed a federal suit Monday, 05/04/09, for damages in excess of $40 million dollars. This follows an almost identical suit brought forward by Waste Pro earlier this year. Both suits name Gwinnett County and Gwinnett Clean and Beautiful as defendants.

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Gwinnett County had until the end of the day Monday, August 31st to sell the naming rights for the new $65 million dollar, Gwinnett taxpayer paid for, Gwinnett Stadium. They failed to secure any takers.

A feasibility study that had been commissioned by the county (and paid for with more taxpayer dollars) estimated the naming rights would fetch $650,000 to $750,000 per year in a long-term deal. But Gwinnett was hoping for more: An internal financing document projected the county’s portion at $500,000 per year, meaning the name would have to sell for at least $850,000.

Again, they received nothing.

To add insult to injury now that Gwinnett County and the Gwinnett Convention and Visitors Bureau have failed to acquire corporate sponsorship, the Braves will have the right to sell the naming rights and keep more of the money.

Still, three of Gwinnett County’s top elected officials say they stand by their decision to put taxpayer money into the stadium — which now carries a $64 million price tag — even as they slash scores of county jobs and cut services amid a recession.

“Our board was completely unanimous on baseball Jan. 15 of last year (2008), and I think our board will be completely unanimous on baseball today,” said Commissioner Bert Nasuti, the project’s chief proponent.

Gwinnett Board of Commissioners Chairman Charles Bannister, Commissioner Kevin Kenerly and Nasuti said they would have voted for financing the stadium last year even if they had known what they know now about the economy and the county’s finances.

“I think we would have voted for it,” Bannister said. “It would have been much cleaner — perhaps prettier — publicwise if all the dollars had been in the accounting upfront.”

Gwinnett County Administrator Jock Connell, claimed last year that the stadium “would pay for itself from day one.” Jock Connell is taking a Gwinnett County taxpayer paid incentive to retire at the end of this year.

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Join State Representative Clay Cox with Special Guests, the classic rock band Inner Peace for a Back to the Constitution Rock-n-Roll BBQ.

Saturday, September 19, 2009
4:00-6:00 PM
Lilburn City Park Picnic Pavilion

$10.00 per Person, $25.00 per Family
RSVP - Valerie 678-218-4100
The Pavilion is covered so the event is Rain or Shine!

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