Tyrone Council Reneges On Major Campaign Promise

Less than 4 months in office newly elected officials went back on their promise to correct or repeal Tyrone’s bad zoning ordinance. At the April 17 meeting, council considered a proposal to amend the zoning ordinance which would have corrected some of the sins of Barry Amos and the old council. Instead they voted unanimously to keep the ordinance in place.

At the Election Forum held in Oct. 2007, over 100 residents heard each candidate pledge to do something about the ordinance, and their promises were published in the October 20 Edition of the Citizen Newspaper, along with their pictures on the Front Page.

Tracy Young said, “he would repeal the ordinance and would ask businesses what they want.” Yet last Thursday, Young made the motion to deny any ordinance changes stating, “I just want to be fair.” Fair to who??? No one at the hearing opposed the change, but several people over the process did speak in favor of the amendment. Nor did Mr. Young ever ask any businesses “what they wanted”.

Mayoral candidate Don Rehwaldt pledged to “review the ordinances”, but he never did, recently stating to the applicant that, “I don’t have a dog in this fight”. In other words saying, that he doesn’t care about his pledge or the citizens concerns.

Candidate Gordon Shenkle who this year became Planning Commission Chairman, promised at the Forum, “to seriously examine the ordinance”. Yet when the amendment came before him, he voted against it, stating that “he didn’t want to change the ordinance”.

Candidate Eric Dial stated publicly at the Forum that “the ordinance might be an illegal inverse condemnation to which he objects, adding that the ordinance be revisited prior to any decision”. Yet when it came time to be counted, Dial avoided his campaign promise by withdrawing from the vote.

Incumbent Councilwomen Grace Caldwell and Gloria Furr who during their tenure had met with businesses owners numerous times in 2007, and pretended to all that they wanted to correct the ordinance, voted NO along with all the other dishonorable council members.

It must also be pointed out that both Rehwaldt and Young signed the citizen’s petition, the purpose of which was to “protect property rights and eliminate the destructive zoning ordinance.” Is there no limit to what a candidate will do or say just to get elected?

What a humiliating disgrace all of these so called representatives of the people are to themselves and to the citizens. They have let down all of the people who worked so hard to get them elected. They have raped the people’s trust.

Lee, Smola, Letourneau, Blackstone, Amos; the names have changed but the shameful behavior remains the same. When all these scoundrels are long gone, the citizens will still be picking up the tabs on lawsuits.

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Submitted by Shaquita on Mon, 04/21/2008 - 9:18am.

You tried to convince the old council you had been wronged and were told No. You bought a new council and a new manager but still got the same answer, No. Both councils told you the same thing, (one was just more honorable about it than the other). Your arguments obviously don’t have any merit, give it up and accept responsibility for what you did and what you have done to the good citizens of Tyrone by using your own words helping elect “dishonorable council members”.

Submitted by freedomofinfo on Mon, 04/21/2008 - 12:48pm.

Shaquita - shut the heck up! You are a moron - the Tyrone town council is perpetuating an unconstitutional law that you (SMOLA/AMOS) passed and upheld with no concern for all the businesses in downtown Tyrone - you are going to end up with a ghost town - is that what you want?

You are right about one thing - the new town council & mayor are no different than the old ones!! JUST LIKE YOU SHAQUITA- lying, malicious, and indifferent to the needs of the people and business owners. I have seen the evidence against the town of Tyrone and they are going to lose big in court - any jury will be able to clearly see that Tyrone's government has done and continues to do illegal acts. The longer they uphold the ordinance the more the damages increase and by damages I mean $$$$ that will eventually have to be paid to Mr. Shelley and other Tyrone business owners for the blatantly illegal ordinance #454.

All of the people that allegedly supported Mr. Shelley before they were elected lied!! The two "good" council members - Gloria and Grace - they just wanted the power that Smola, Latourneau, Lee, Smola, & Fowler-Caldwell had garnered in the Tyrone government over the last many years. By the way, is Grace Caldwell related to Valerie Caldwell?? Is sure seems like she is -

What a travesty - I am going to move the heck out of Tyrone - so sad but I cannot stand this crap any longer. You can all go down with the downtown business district - where will you get your lawn mower repaired if Mr. Shelley closes up his leases with his tenants and forces them out because he can no longer justify holding the property out for rent because every time in the past when a tenant has come to rent from him, Mr. Shelley told the prospective tenant to go to town hall for a business license, now strangely called an "occupational tax certificate" and Valerie just says, "oh, you can't have that business at that location." This is still what is happening. Then the prospective tenant leaves and takes their business elsewhere - what are you people trying to prove?? We thought you were pro-business!! But now we know you are pro-power, using whoever you can to get elected and then slapping those who supported you in the face!! Thanks a lot you lying SOB's.

Why not do something honorable, like what you all promised to do!! You all promised to do something about the ordinance!! Another let down - you cannot trust your government and they will say ANYTHING to get elected!! Then when they get in office, they do the same thing as the old council & planning commission.......How does it feel NEW COUNCIL & MAYOR & PLANNING COMMISSION to know that your reputation within the community is just like the old ones?? Does that make you feel good? Sleep tight!!

Submitted by jack-knife on Mon, 04/21/2008 - 4:57pm.

Do not let the door hit you in the back end if you choose to leave. Please leave. Take Gracie and Gloria with you...PLease!

Submitted by Had It on Mon, 04/21/2008 - 12:32pm.

I do apologize to all the “good” citizens that I may have influenced by supporting these scoundrels. But I promise they will never be able to live it down. It is not true that the old council told me no. They just ignored my previous application and letters asking for help and refused to meet with me, which caused me to sue the town. The merits of my arguments will be decided in court and when I get to court they will all cost the citizens including you large damages for their illegal actions and their zoning ordinance will held unconstitutional. Whoever altered the public records will go to prison. Regardless of the outcome, a class action lawsuit will be filed by the entire business community for damages and since the illegal actions are continuing, I will file another lawsuit myself. It is amazing how little they and you care if anyone loses their life savings or investments because of their elected representatives. I’ll bet if this happened to you, your attitude would be totally different.

But answer me this, Why do you think all these government officials passed this zoning ordinance to begin with?

Submitted by TyroneConfidential on Mon, 04/21/2008 - 8:30pm.

Since you are such an opinionated citizen tell us, from whatever references or sources you have, your opinion of the law on the following issues:

1. What is Tyrone’s notification process for having a hearing on a zoning change?
2. Did Tyrone properly follow their notification process when they changed the zoning?
3. Was Mayor Lee supposed to sign the official zoning map when the zoning ordinance was passed?
4. Are all rezonings supposed to be written on the official zoning map?
5. What notification is required by Tyrone law when the town abandons a non-conforming land use?
6. What is inverse condemnation and how are damages calculated?
7. Can Valerie Fowler legally issue a business license?
8. What is the difference between a business license and an occupational tax certificate?
9. What can happen to a government employee who alters public records? Is the government liable for any damages as a result of such alterations?
10. Does a proposal for a zoning require a stated purpose?
11. What was the purpose of ordinance 454 that deleted property uses?
12. What standards must the planning commission and the council follow when deciding on a zoning application/proposal?
13. Is the planning commission required to make a written recommendation of their findings and investigations on all zoning applications/proposals?
14. Does an applicant for a rezoning have to go before the council first to ask permission to file their application?
15. Is the town attorney supposed to sign a zoning law for his approval?
16. When a law is ruled void by the courts, what should the council do?
17. What is a civil conspiracy?
18. What must the council do in relation to the property owners when it adopts a special downtown redevelopment zoning district?
19. Is it legal for a town manager to promise developers that their zoning application will be approved?
20. What does ordinance 454 say Valerie must do when making a decision on a land use that is not specifically listed?

Submitted by oldbeachbear on Mon, 04/21/2008 - 11:04am.

"You... BOUGHT.... a new council and a new manager but still got the same answer, No."

I hope Dick Shelly sues your butt!

Submitted by Shaquita on Sun, 04/20/2008 - 9:30pm.

TyroneConfidential you state that Chance and Dial rented space in his buildings for their use. I though that Shelly's clamed he could not rent his buildings.

Submitted by freedomofinfo on Mon, 04/21/2008 - 12:54pm.

Chance and Dial rented the buildings before ordinance #454 - and by the way the buildings that Chance and Dial rented are not the same buildings Shelley is talking about - this just goes to show how little you know about what you are talking about moron. As far as I am concerned the whole town is a corrupt piece of crap.

Smola and Amos are continuing to stir up this crap and insult Mr. Shelley because they are mad and vindictive about losing their jobs with the town of Tyrone - go cry somewhere else you babies.

Submitted by Missy-Sippy on Sun, 04/20/2008 - 11:20pm.

but you have been assigned to the special education class. Don't ask anymore questions until you learn how to read. This learning exercise is simply too advanced for you.

Submitted by rm.snell on Sun, 04/20/2008 - 12:24pm.

You walked into the meeting and you got the results I know you had to have expected. Did you actually expect that you would get the decision repealed?
Atleast Dial recused hisself from the meeting which is what Young and Big Don should have done. This issue should have been dealt with by an ethics committee. If you receive a campaign contribution you should always step back.
Ethics?????? By the people who swore to you that they would govern with them. You gotta be kidding.
I know you all slammed Dial but he did the correct thing.

Submitted by freedomofinfo on Mon, 04/21/2008 - 1:00pm.

The current council is concerned over a $100 contribution from Mr. Shelley - what about all of the money given to Dial?? Why did he need $10K to win a seat on the council and then when he gets there he just recuses himself on several applicants and does nothing - the typical politican, lying out of both sides of the mouth. Dial is a lobbyist and a liar!! Did you ask God to forgive you for the lies? What about the people you told the lies to? Aren't you, as a good Christian, supposed to ask the people that you lied to for forgiveness as well or are you exempt from these Christian principles because you are in politics? WHAT A JOKE!!

Submitted by Margot on Mon, 04/21/2008 - 8:43am.

And stop being so defensive. Eric ran for council without ever having been to any council meetings. By his own words Eric said before running for office that he didn’t know much about what was going on in Tyrone. Now he’s in office facing issues that are affecting people’s life savings. Rather than withdraw from voting (he did it twice last Thursday), he should be proactive in representing the people. This ordinance is a serious matter. Eric obviously didn’t realize how ruthless these Tyrone politicians are. But I believe he will soon understand.

Eric has brought up a very important issue for the council’s consideration. He has asked them to think about adopting the State Ethic’s Law, which would set ethical standards with a board of enforcement. Tyrone used to have a similar board until Barry was hired, then it was abolished.

This council will not adopt the ethics law because they are unethical and would be in immediate violation. Their modus operandi will be to ignore Eric’s proposal. What Eric must do is to make a motion to adopt the law. Then he will know that he’s in with some very unethical people. They will not pass it or find some way to put it off.

Submitted by TyroneConfidential on Sun, 04/20/2008 - 4:27pm.

Like anyone else, Mr. Shelley expected them to live up to their campaign promise. Dial didn’t tell the correct story. Mr. Shelley never tried to employ his SE Legal Property Rights Foundation because they wanted Mr. Shelley to drop his lawsuit so it wouldn’t conflict with Dial’s plans to run for Council. After the election SE said they would take up the legal matter. Mr. Shelley would not deal with a nefarious political organization with a self interest agenda. Since there was never an attorney-client relationship with Dial’s organization and there was no confidential information involved, Dial need not have withdrawn from the hearing. It is only academic anyhow, since the Council had already gotten together and decided to vote the amendment down without even so much as one word of discussion.

Rehwaldt and Young couldn’t recuse themselves because then the Council wouldn’t have a quorum and the law says that without a quorum, the zoning decision is sent immediately to Superior Court for the appointment of a Special Master to decide the zoning application. (Tyrone Regulation 36-67-A-5). A court hearing would have required a thorough evaluation of the application and since the Council and Planning had gone out of their way not to evaluate the petition, court is the last place they wanted to be. The truth is not slamming someone. Thanks for asking the question.

Submitted by rm.snell on Mon, 04/21/2008 - 8:04am.

I think that ths should have gone to the Superior Court and an appoint should have been made. Like many things that happens in this town it would have been a more ethical to do.
I am no more impressed now than I was election time at the people in council. The only person I voted for that is on the council is Dial and that was a good choice.

Submitted by boxwing on Sat, 04/19/2008 - 9:08pm.

I was at the forum and yes the candidates that won did leave the crowd with the impression that they would revoke the ordinance. This latest vote would contradict those promises made. So now Mr. Shelly must take his lawsuit to its conclusion in the courts. I certainly hope he does so this can be settled finally.

If the court finds for Mr. Shelly, I hope the Council remembers that they had an opportunity to fix the problem.

Submitted by TyroneConfidential on Sun, 04/20/2008 - 11:00am.

The Council had their chance to do what they said they were going to do. Like all hypocritical politicians, they jumped on the issue of the zoning ordinances to get recognition for the election. Rehwaldt, Young and Shenkle all used Mr. Shelley and his business supporters to promote their candidacy for office. They put their signs on his property, placed their campaign literature at the Lawn Mower Repair Shop, Becky’s Boutique, used his property as their headquarters on election day, asked for and accepted money for their campaign. They had many personal discussions about correcting the zoning ordinance with Mr. Shelley.

Contrary to Eric Dial’s withdrawal statement from voting on his ordinance amendment, Dial called Mr. Shelley several times to discuss the zoning ordinance during the election. He even had Senator Ronnie Chance call Mr. Shelley. Senator Chance promised he would talk to his contacts at the State to provide assistance, but he never did. Dial and Chance knew Mr. Shelley personally because they rented an office from him for three years. Chance even used Shelley’s building for his campaign headquarters.

Rehwaldt invited Mr. Shelley to his home for a big election night celebration party. Never once did any of these people ever tell Mr. Shelley that they disagreed with his issues.

Tracy Young and Dial both asked Mr. Shelley would drop his lawsuit if they amended the zoning ordinance. The answer was yes. Young sent Shelley a thank you note, stating “you are responsible for my win. I look forward to serving the community”. But Young was the modern day Brutus who stabbed him in the back at last Thursday’s Council hearing by making the motion to deny the ordinance amendment.

Two weeks after the election they all told Mr. Shelley, they could no longer talk to him. Grace Caldwell abruptly cancelled a heretofore scheduled deposition and refused to provide an explanation. Shenkle was the most arrogant telling Shelley he didn’t even want to consider an application for an amendment. When Mr. Shelley sent a letter to Council in January 2008 asking for a lawsuit settlement conference, the Council in secret session voted to refuse to even meet with him. When asked if this was true by Shelley, Rehwaldt lied and said he knew nothing about it. These are dishonorable people.

Submitted by oldbeachbear on Sun, 04/20/2008 - 8:56am.

and a lawsuit will. Give the man back his property rights. If the sticker is compensation for what he feels he lost while his rights were taken away by Barney and Thelma, both sides say that is the sticker and try to work it out.

Submitted by HankyPanky on Sun, 04/20/2008 - 9:35am.

Oldbeachbear, do you still think these are honorable people? If so, you've been hoodwinked.

Submitted by TyroneConfidential on Mon, 04/21/2008 - 8:10am.

And the egg was on Tyrone Councilwoman Grace Caldwell’s face. At last Thursday’s Council meeting, the applicant Dick Shelley noticed that Valerie Fowler had slipped a memo from Barry Amos into his application file for a zoning amendment in order to prejudice his request to change the ordinance. The memo was dated Feb. 22, 2007 and addressed to the Mayor and All Council members. The memo was in response to a direction from Council on a previous request to change the zoning by Shelley. Amos was directed to do an evaluation of the land uses and report back to Council. Town Atty Brad Sears said this was the Council’s initiation of the process for a text amendment.

Amos did a bogus analysis ripe with untrue statements, put the memo in Shelley’s file and never sent it to Council or reported back to Council his findings. Shelley’s application lingered for two months. In April 2007 Shelley asked Grace Caldwell whatever happened to Barry’s report. Caldwell responded that she had heard nothing and that the Council wasn’t going to do anything. Grace further said that it was futile anyway because she and Gloria would be out voted on it 3-2. That the only way to get relief on the ordinance was to elect a new Council in November.

Last Thursday at his hearing, Shelley asked Grace if she had ever seen this memo before. Caldwell answered yes, that she had received the memo last year from Barry.

But Furr contradicted Caldwell by stating that she had never seen the memo before. Furr told the truth, the memo was never sent to the Council. No one on Council wanted to question this obvious attempt to way-lay Shelley. They immediately moved to deny the amendment. These are not honorable representatives.

Submitted by oldbeachbear on Mon, 04/21/2008 - 8:20am.

If she is putting things info councilmembers folders that weren't there before. Why are we keeping her? This in my opion, was either to make Shelly or which ever council person bit look bad, in this case, Grace Caldwell. It was a win win if you wanted to screw them, one or the other, or in this case, both, were gonna loose. It was common knowledge of Barny and Thelma Lou's association.

I'm sick and tired of being over taxed to pay someone like that a very bloated salery to conduct their own vendetta. Wake up Don Renwald!

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