County attorney defends secret land deal vote

Tue, 02/13/2007 - 5:04pm
By: John Thompson

Fayette County Attorney Bill McNally says he doesn’t see anything wrong with the way the county recently completed a land swap with Peachtree Holdings for the building of Lake McIntosh.

“There’s nothing sinister going on here,” he said.

On Oct. 11, quit-claim deeds were signed between Fayette County and Peachtree Holdings that gave 13.447 acres near the Fayette-Coweta County border back to the company because the county no longer needed the land for construction of the lake.

“Back in the early ‘80s, the county signed a contract saying that any land that wasn’t necessary would revert back to PCDC,” said McNally. PCDC is Peachtree City Development Corp., which has become Pathway Communities. It owns Peachtree Holdings.

In return, the county received 8.5 acres that will aid in the construction of TDK Boulevard.

“If that road is ever built, the company will have roadway frontage, but not lake frontage,” McNally added.

Although the deal was consummated in October, the land swap did not appear on the County Commission agenda until Dec. 14 and then only as a consent agenda item in a long list of other routine items.

“That’s why I don’t like consent agenda items,” said Commissioner Herb Frady, when asked about the issue.

McNally said the original vote was cast in executive session, and that real estate issues are tricky items.

“When we were doing Lake Horton, there were more than 60 property owners. You don’t want to announce what you’re giving one property owner, when another one may have negotiated for a lower price,” he said.

McNally said the county’s new procedure will be to vote on the real estate items in executive session as they have for the past eight years, but then come out in public session and announce if an action was taken after the executive session is completed. When the transaction is finalized, it will then be put on a consent agenda.

“There’s no smoking gun here,” he added.

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Submitted by 30YearResident on Sat, 02/17/2007 - 4:21pm.

Even with the dubious secret voting, why build Lake McIntosh?

I mentioned it before, but someone needs to start asking the question, "Since Lake McIntosh will also be within Coweta County, what is to prevent them from building a pumping plant and pulling water from it?

From about 15 or so years ago, the legal opinion was "NOTHING!!".

In other words, Fayette County taxpayers will foot the bill to build it.
Developers will get the benefit of "Expensive Water front lots" and
Coweta County will have free access to pump whatever they want out of it.

This needs to be researched.

bad_ptc's picture
Submitted by bad_ptc on Sat, 02/17/2007 - 5:37pm.

From what I've been able to find the "Owner/Operator" is listed as Fayette County W.S.

Water-Resources Investigation Report 93-4084 Page 36, seventh listing from the bottom.

Additionally, from the TABLE 3-3 Planned Reservoirs North Georgia Water.com, page 6.


mudcat's picture
Submitted by mudcat on Tue, 02/13/2007 - 8:09pm.

John, call home! Or if not, check out who was on County Commission when this reversion agreement was signed.

Ok, you are too young to remember, so here is a clue - Steve Black.

Now go do some research and you'll have a good story.
meow


cogitoergofay's picture
Submitted by cogitoergofay on Wed, 02/14/2007 - 8:18pm.

The County Attorney appears to be doing damage control. Is his legal position right? I do not know…

I went to Google and typed in “Georgia open meetings laws real estate”. The first link was to the Georgia First Amendment Foundation in which they recited an Opinion from the Attorney General of the State of Georgia. The Attorney General said : “Agencies may go into closed "executive" sessions, along with other necessary participants, for discussion and deliberation under the proper circumstances. All votes, though, even on privately discussed matters, must be taken in public.”

Legal Beagles needed here: Hobbs; SWMBO; HelpfulLawyer; chime in here. Git Real—just give us the frontier view.

Is the County Attorney wrong ? Wasn’t there a story in the Citizen a few years ago where the County Attorney disregarded the Attorney General’s opinion ? It just seems that we can't count on government to keep government open.


Submitted by swmbo on Sat, 02/17/2007 - 7:39pm.

Governments want to keep land deals secret because of the sort of stuff that usually surrounds public-private partnerships and development. That is to say, once the public finds out that the government is buying property, the price of that property and the surrounding property skyrockets (on the assumption that the taxpayers won't know that they are over-paying for dumpy property and the politicians will be too afraid to exercise their right of condemnation).

I did a keyword search on the General Assembly's website. Take a look at Georgia Code section 50-18-72 subsection (a)(6)(A). It includes an open records exemption for real estate purchases. Now, I haven't a clue as to whether it applies to this situation but it's a start. (Y'all really don't understand that I just sleep with a lawyer . . . my spouse)

Also, the Attorney General's opinion is just that -- an educated opinion. Until tested in a court of law, it doesn't have the force and effect of the law.

Finally, if you're counting on politicians keeping government open (because politicians are those to whom we entrust our public policy on transparency), I've got some fabulous beach-front property in the Okeefenokee that I'd gladly part with for a mere $10 mil. Okay, just for you, I'll bring the price down to 501,253 easy payments of $19.95 plus shipping and handling. Laughing out loud (laughing with you, not at you)

-------------------------------
If you and I are always in agreement, one of us is likely armed and dangerous.

Submitted by dollaradayandfound on Sat, 02/17/2007 - 7:54pm.

If this is the same piece of property that the Governor (Purdue, or is it Perdue?)bought for tax purposes? If so, I'll take it for those payments you mentioned. It has to be valuable if Sonny bought it!
I know what you mean about the $19.95 for a million years. TV ads are sponsoring the most expensive shows now (O'Riley, for instance) wanting to "save" you hundreds of dollars per month on your monthly debts, so you can borrow even more (for preferred credit risks,said almost silently).
Our economy is based upon this sort of thing and medical costs at this time. Boy when it falls, look out!

Submitted by bladderq on Sat, 02/17/2007 - 8:12pm.

The Big Box guy down on 54 @ the old Days Inn wants to swap some property. I can't believe all you "wise acres" have overlooked this. They want to buy from the WSA the "surplus" property on McIntosh....down by the dam...for less than $40k /ac. 13 acres in PTC for 40k per???? Didn't we (PTC) own this before? Didn't we (PTC) sell all this for a DOLLAR? I may not have all my facts rights but I think the gist of those transactions.
This was in the Citizen and no one ever commented on it...except me.
I am not anti-developer. I favor a 2 lane TDK. But...geesssh.

Git Real's picture
Submitted by Git Real on Wed, 02/14/2007 - 9:13pm.

Ok... you asked for it. Git A Rope....

__________

You don't need to defend a Lion. You just need to let him out of his cage.

C.S. Lewis


ptctaxpayer's picture
Submitted by ptctaxpayer on Tue, 02/13/2007 - 8:58pm.

Mudcat contributes some relevant history…Even Spear Guy might give you an attaboy (or attagirl as the case might be).

Steve Black, developer--- PCDC…County--- invests in sewer plant in PTC to promote industrial on the west side. Black runs for county commission. McNally is attorney. Black’s development company buys sewer facility from McNally/County for $1.00; touted as a great deal for county because of operating losses. Black and development company use sewer to promote their own commercial and residential but withhold sewer from competitors (example: Huddleston, Café Pig, all still septic). Years later, after PCDC is done porking the city, they sell the sewer plant to PTC for a cool $16 million. Again, in a secret vote. But, hey, nothing sinister there. You folks in PTC who water your lawns and get an $80 SEWER bill ? Thank these guys.

Mudcat you are a surprise tonight.


mudcat's picture
Submitted by mudcat on Wed, 02/14/2007 - 6:23am.

Thanks, I think. Actually they bought the sewer system from Equitable and $1.00 is the correct amount. Equitable did acquire it from the county years before and they spent millions (funneled thru PCDC and their predecessors) expanding the system. They have used sewer as a weapon for years. Oddly, in Sharpsburg they had to withdraw their plans because they coudn't produce a sewer commitment letter for their lender. Too bad.

By the way, why are you using Robert's photo. He's very sick and just out of the hospital. He may not mind, but it seems disrespectful.
meow


tortugaocho's picture
Submitted by tortugaocho on Tue, 02/13/2007 - 7:38pm.

Dunn is done, now dump his Stooge....

http://fayetteforum.org/photo/kiwanis-pancake/kiwanis-11-04-06%20114.jpg

This thing stinks on a number of levels.


Git Real's picture
Submitted by Git Real on Tue, 02/13/2007 - 7:59pm.

How to create a link for the benefit of the rest of us.

Here.... The Citizen Online Click This For Dunn And His Hired Crook ..... I mean gun hand.

Funny thing about observing King Pin McNally all these years.... I've discovered that the only corruption Bill doesn't like is the corruption that Bill doesn't create.

__________

You don't need to defend a Lion. You just need to let him out of his cage.

C.S. Lewis


mudcat's picture
Submitted by mudcat on Tue, 02/13/2007 - 8:24pm.

I think that's my wife in the backgound.
meow


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