Local Politics

NEWS - Local Politics

Savannah Business Journal Special Report

Nov 14, 2011 - Congressman Jack Kingston, U.S. Representative for Georgia’s 1st Congressional District, said he believes the federal government needs to focus, first and foremost, on fiscal responsibility at a forum Monday morning in Savannah hosted by HunterMaclean.

“For every dollar we spend, 40 cents is borrowed,” he told an audience of approximately 100 local business leaders at HunterMaclean’s Critical Issues Forum at the Hilton Savannah DeSoto. “We have a lot of work to do. The stakes are very high for the United States of America right now.”

Kingston considers getting Americans back to work, expanding domestic oil production and advocating tax reform to be on the top list of initiatives he supports in Washington, D.C. “Tax reform will help create jobs,” he said. “The top 10 percent currently pays 40 of the income taxes. That’s not good or healthy for the system. Everyone needs to have some skin in the game.”

He said he supports tax credits for business depreciation for small businesses, repealing the 3 percent withholding tax portion of President Obama’s healthcare reform legislation and providing up to $5,600 in tax credits to companies hiring veterans.

The Republican Congressman also addressed several Georgia issues, acknowledging that community banks are struggling across Georgia, which is putting a serious strain on small businesses around the Peach State. “I represent lots of small towns, and I can tell you that community banks are more important than City Hall,” he said. “They’re having difficulty lending money to their customers, and that is really hurting business.”

He also criticized big-government regulation, particularly the Dodd-Frank Act, a federal law enacted in July 2010 which implemented financial regulatory processes enforcing transparency and accountability while implementing rules for consumer protection. “Dodd-Frank is one of the biggest problems,” he said. “We need to back off on some of these regulations.”

Kingston expressed optimism about federal support for the deepening of the Savannah Harbor, saying he considers the fact that the U.S. Secretary of Transportation was scheduled to visit Savannah this week to be an encouraging sign. “I am very positive about it, but I don’t know the timeframe,” he explained. “We are working like the dickens to get it on the federal budget.”

Known for his strong support of the military, Kingston reported that he is committed to ongoing reductions of troops in both Iraq and Afghanistan. “I’m tired of writing sympathy notes to widows and wives and going to memorial services for soldiers,” he confessed, adding that he is an advocate of cross-training on military bases in coastal Georgia.

But, he also made clear that he is “looking for other missions” for the active duty personnel in the area. In an interview after the forum, Kingston said that he believes that the changing face of the military will result in bases being closed in other states, and troops moved to Hunter and Ft. Stewart. Therefore, even though there will be reduction in forces, including with the traditional missions of the 3^rd ID headquartered at Ft. Stewart, the Savannah area will not see a reduction in military personnel living in the area.

A member of the House Appropriations Committee, Kingston serves on the Defense Subcommittee, which oversees military-based funding, and is the chairman of the Agriculture Subcommittee, which oversees agriculture-related funding. He was recently appointed to serve on the Labor, Health and Human Services and Education Subcommittee. Repeatedly named a “Taxpayer’s Hero” and “Guardian of Small Business,” he has been honored with the Watchdog of the Treasury Award and the U.S. Chamber of Commerce’s Spirit of Enterprise Award.

Attorney Brooks Stillwell, a partner at HunterMaclean, praised Kingston’s commitment to supporting issues that affect local companies. “Jack has been known as a fierce defender of economic opportunity,” he said. “He’s a recognized leader on budget and economic issues. He has a world of experience at building relationships and getting the job done.”

Ultimately, Kingston encouraged Savannah’s business leaders to pay attention to the issues at hand and to get involved.

“The stakes are very high,” he told the audience. “We all need to be engaged.”

NEWS - Local Politics

Oct 24 –Board, Commission Positions Open with City of Savannah, including MPC and SEDA

SBJ Staff Report

Oct 24, 2011 – The Savannah City Council is now accepting applications for positions on 25 different boards, commissions and authorities for unfilled positions due to resignations and expiring terms on a number of important entities. 

Applications will be accepted up until noon on Nov. 14. These groups work on behalf of the City Council on various topics of interest to the community, providing guidance or assisting in making decisions that impact daily life in Savannah, according to Bret Bell, spokesperson for the City.

Citizens with a wide range of backgrounds and experience are needed to fill important roles. Applications can be found on the City’s website, www.savannahga.gov. Search “Boards” in the online Search tool. For additional information, contact the Clerk of Council at (912) 651-6442 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Available positions include:

COASTAL REGION METROPOLITAN PLANNING ORGANIZATION:  One appointment is available for a 2-year term. Members are responsible for advising the CRC staff on matters of public opinion concerning study findings and recommendations.  

COASTAL WORKFORCE INVESTMENT BOARD: One opening available to fill an unexpired term until July 2012. Members help improve workforce quality development, enhance the productivity and competitiveness of the workforce and to reduce welfare dependency.  

CODE ENFORCEMENT APPEALS BOARD:  8 appointments available for 3-year terms. Members hear appeals when errors are alleged and other matters affecting property subject to procedures set forth in the Nuisance Abatement Ordinance.  Three appointees must be qualified in the fields of architecture and/or structural engineering.  

CULTURAL AFFAIRS COMMISSION: Two appointments available, 3-year term.  This is an advisory body charged with the responsibility of recommending a comprehensive plan and program for a community cultural arts services program. 

DOWNTOWN SAVANNAH AUTHORITY:  Three appointments available, 4-year term. Encourages construction of new parking facilities and provides financial incentives for private projects which have economic benefits to the downtown area. 

ECONOMIC OPPORTUNITY AUTHORITY:  One appointment available, 5-year term. This authority seeks to reduce conditions that cause poverty by working directly with poverty-level individuals throughout Chatham County.

ELECTRICAL APPEALS AND ADVISORY BOARD: One power company engineer position open, one power company administrative position, and two electrical contractors position available, all 4-year terms. All members must have at least 6 years of experience in the specified professional field.  Determines appeals to decision of the electrical inspectors of the City.  

GREATER SAVANNAH INTERNATIONAL ALLIANCE: 6 appointments available, three-year term. The members of the Greater Savannah International Alliance shall be a demographically broad representation of the community and economy in the Savannah Metropolitan Area with an interest in international issues. 

HISTORIC DISTRICT BOARD OF REVIEW.  One attorney position available and one preservation professional position open, three-year terms. The board makes decisions on new construction and any changes to historic structures in the City’s Historic District. 

HOUSING AUTHORITY OF SAVANNAH: Two appointments available, 5 year term. Established pursuant to general law O.C.G.A. 8-3-1 et seq. which creates a Housing Authority for each City and County. 

KEEP SAVANNAH BEAUTIFUL:  15 appointments available, 3 year term. An advisory board that works with the City in developing a program to control litter and assist beautification efforts.  

METROPOLITAN PLANNING COMMISSION (MPC):  3 appointments available, 3-year terms. Aided by professional staff, this commission makes studies of present and future development, assists local government in translating study results into plans, policies and programs; recommends zoning ordinances and subdivision regulations.  

PARK AND TREE COMMISSION: 2 appointments available, 3 year term.  Charged with directing the activities to maintain the parks, squares and trees of Savannah.  

PENSION BOARD: One appointment available, 4-year term. Administers the City of Savannah Employee Retirements Plan.  

PILOTAGE COMMISSION: One appointment available, 7-year term. Appointees must include shipping agents, exports, or merchants, or others engaged on or familiar with marine shipping and the requirements of the Port of Savannah. Licenses pilots, prescribes rules and regulations, sets fees and imposes penalties, sets and collects penalties for vessels refusing to take pilots or mistreating pilots. Appointees cannot be pilots.

PROPERTY MAINTENANCE AND ENFORCEMENT BOARD: 5 appointments, 2 year term. Works on matters related to property maintenance.

SAVANNAH/CHATHAM COUNCIL OF DISABILITY ISSUES: 1 appointment available, 2 year term. Facilitates and coordinates community efforts to improve the quality of life for citizens with disabilities for the City of Savannah and Chatham County through advising and advocating local leaders. 

SAVANNAH/CHATHAM COUNTY HISTORIC SITES AND MONUMENTS COMMISSIONS:   2 appointments available, 5-year terms. Recommends plan and cost estimates for the erection of any monuments or substantial restoration of same in the City or County and may hold title and pay for same. 

SAVANNAH ECONOMIC DEVELOPMENT AUTHORITY.  1 appointment available, 5-year terms. Conducts a program of industrial and port development for the City of Savannah and Chatham County and is self-funded.  No one holding public office or receiving compensation from either public entity can serve. 

SAVANNAH FILM COMMISSION: 3 appointments available, 4-year term. Advises and assists the film director in developing a program for responding to inquiries from production companies about filming in the community.  

SAVANNAH HOSPITAL AUTHORITY: 7 appointments available, 4-year term. Arranges the contractual agreements between Candler General Hospital and purchases of hospital authority bonds used to finance the building of their complex off DeRenne.  

SAVANNAH RECREATION COMMISSION: 3 appointments available, 3-year term.  Serves as an advisory body on recreational programs and facilities.  

SAVANNAH RESOURCE RECOVERY DEVELOPMENT AUTHORITY: 1 appointment available, 4-year term. Membership includes:  An Alderman, City Manager, City Finance Director, City Sanitation Director, and a citizen.  

SAVANNAH ZONING BOARD OF APPEALS: 2 appointments available, 3 year term.  Board hears and rules on appeals from decisions of the zoning administrator and hears and rules on requests for permits which require the board’s approval. 

TOURISM ADVISORY COMMITTEE: 1 appointment available for Historic Savannah Foundation, 1 appointment for Historic District museum, 1 appointment for the Lodging Industry, 1 position for Resident at Large, 1 appointment available for person with demonstrated knowledge of the history and/or architecture of the Historic District.

NEWS - Local Politics

City clerk rules candidate ineligible to run; no legal apartment at declared address

SBJ Staff Report

Oct 10, 2011 -  UPDATED 10:30 a.m. - In a six-page decision, and with a systematic approach, the City of Savannah’s Clerk of Council Dyanne C. Reese ruled last Friday that George ‘Ruel” Joyner, Jr, was not a resident of District 1 or the City of Savannah as of the deadline to run for Alderman in the Nov. 8 municipal elections.

Reese concluded that he did meet either the six month or one year requirements, two separate parts of the Georgia Election codes.

Joyner entered the race for District 1 Alderman in June, seeking to unseat incumbent Van Johnson who has held the post since 2002. In his sworn affidavit required of all candidates, Joyner listed his domicile and residence as an apartment at 24 E. Broughton St., in a property owned by his parents, George and Sarah Joyner, Sr. of Tybee Island. He also asserted that he had been a resident of District 1 for two years.

According to Joyner’s lawyer, Atty. Mark Tate of Savannah, Joyner will appeal her decision, as provided for in the Georgia Election Code statutes.  The court will only review evidence produced at the hearing on Thursday, Sept. 29 – no new evidence can be presented by either party.

“The whole hearing, and the release of the decision on a Friday afternoon… it’s the oldest trick in the book. They have fit the stereotype of every politically motivated decision ever made,” said Tate in an interview today.

Joyner’s residency was challenged by a supporter of Johnson, Kenneth Dunham, during the two-week period allowed for challenges by the Georgia Election statutes. Challenges can only be considered after the deadline for declaring candidacy has passed. Dunham presented evidence
that Joyner lives with his wife and children at 207 Barley Road on Oatland Island, outside the City limits.

Reese found that on May 9, 2011, Ruel changed his address on his voter registration card
to 24 E. Broughton St. after meeting with Russell Bridges, the Supervisor of Elections for Chatham County. Bridges concurs that Joyner came to see him, but asserts that he directed Joyner to go see Reese immediately, as Bridges makes no decisions relative to municipal election candidacy.  Reese states that Joyner did not come to see her at that time.

That date is one day shy of the six month residency requirement to run in the Nov. 8 election for a District Aldermanic seat. But additionally, Joyner failed to meet the other critical requirement of the election laws: all candidates for municipal elections must be residents for one year in the City of Savannah, she concluded.

Reese also asserts that his voter registration change was from his parents’ home on Tybee Island where he had not lived since purchasing his Oatland Island home in 1999. However, Joyner voted on Tybee as recently as November 2010 – not in the City of Savannah – a negative against establishing his one-year City residency.

Joyner owns 24e, an upscale furniture store on the ground floor of 24 E. Broughton St. At the hearing on Thursday, Sept. 29 to review the challenge to his residency, Joyner represented that he lived in an apartment above the store at that address where he co-habited with his wife and children equal to their Barley Rd. home.

In her review, Reese outlines that there is no evidence that a legal apartment exists at that address, based on tax assessment records, water meters and building permits, and stated that Joyner and his lawyer, Atty. Mark Tate, did not provide any evidence of the existence
of an apartment.

“Based on my understanding, she is stating that we presented no evidence of his domiciliary.  That is clearly erroneous, or she wasn’t attending the same meeting that I was a part of,”said Tate.  

“We produced significant bills of his abode.  We presented his drivers license which shows the 24 E. Broughton Street address, and we produced his W-2’s which show his employment and address.”

“Joyner was a sworn witness under oath that there was an apartment at 24 E. that his wife stays there, his children stay there.  The fact that the tax assessors are not aware that it’s there is not my responsibility,” Tate added.  

One of Tate’s primary pieces of evidence appears to be Joyner’s personal, federal income tax returns for 2009 and 2010, which Tate identifies as ‘1040’s’ - which Tate says were presented as evidence of his residence at the hearing.  He files ‘Married Filing Separately,’ status, according to Tate.  

Reese’s decision does not list the 1040’s as a document Joyner presented, or address the documents in her decision.  But Tate claims that Reese’s assistant called and asked for additional copies of the returns. “She couldn’t find them. The statute speaks to ‘where do you file your income tax returns,’” according to Tate.    

He also questions Reese’s ability to make evidentiary decisions.  “She has no legal experience; hasn’t been to law school. Someone like that has about as much business making this determination as a rattlesnake wearing a garter belt,” he said.

“The touchstone of the law is reasonability.  And, there is a mechanism that allows a judge to make a judgment that is well-reasoned.  I’m confident that we’ll have a fair hearing and fair response.  And I look forward to prevailing. I think it (Reese’s decision) was quite predictable.”

As to Joyner’s last minute change in the address of his voter registration record, “There’s nothing illegal about trying to qualify to run for office,” is Tate’s response.   

“I don’t think that what has happened to Ruel is unfair. It’s a process. It’s the political process and it is fair.  I believe the result is incorrect,” summarized Tate.

On Joyner’s Facebook page late Friday afternoon, after receiving Reese’ decision, Joyner told supporters that he intends to appeal her decision. He has 10 days to mount a challenge.

Reached at his home Friday night, Johnson said that no matter who was on the ballot, “My job is to make my case to the voters…that District 1 is far better off than when I took office, and to ask for their support. I intend to win,” he said.

Clerk of Council Reese’s complete opinion is here.

NEWS - Local Politics

News Analysis: The Black and White of Ruel Joyner’s Residency

By Lou Phelps
SBJ Staff

Oct 3, 2011 – For many downtown Savannah business owners, the candidacy of George Ruel Joyner Jr. for the District 1 Alderman’s seat is a personal focus in the upcoming City of Savannah municipal elections on November 8.  Joyner is seeking to defeat incumbent Alderman Van Johnson whose employer is Chatham County. Johnson is the Human Resources Director for the County, and has been a member of the Savannah City Council since 2003.

Joyner owns 24e, an upscale and creative Broughton Street furniture store in a building owned by his parents George and Sara Joyner, Sr. at 24 E. Broughton Street, above which Ruel states that he maintains an apartment.

Ruel Joyner, as he is known, is also the current president of the Downtown Business Association, a group of Savannah retailers and tourism business owners who formed professional business group several years ago for networking opportunities, but also because they felt their specific needs were not being met by the City of Savannah.  They wanted a unified voice, and Joyner is the candidate of choice for many of the DBA’s members.

But Joyner’s residency has been questioned by a supporter of Johnson’s, and a hearing was held last Thursday, Sept 29, before Savannah Clerk of Council Dianne Reese, who is also the Superintendent of Municipal Elections. After hearing evidence, Reese told Joyner that she would announce a decision within 7 to 10 days.  Joyner can then appeal her decision if it goes against him in County Superior Court.

The challenge was filed by Kenneth Dunham, a resident of Savannah’s Westside, who claims that Joyner is not a city resident.

Joyner’s position is that Georgia Election Code requires six month residency prior to qualifying to run, and does not use the term a “primary residence,” and he qualifies. The Georgia Code makes clear that challenges should only be filed within two weeks after the close of the date for qualifying for an upcoming election. (see the Code below.)

But the Code states that to meet the residency requirement, the address must be the individual’s “permanent place of abode” and “in which such person's habitation is fixed, without any present intention of removing there from.”

Joyner is married with two children, and owns an expensive home at 207 Barley Rd. on Oatland Island, a home he purchased in 1999 after growing up on Tybee Island where his parents still reside. Oatland Island is not in the City limits of Savannah, much less in District 1.

Joyner’s daughter currently attends Islands Elementary School on Whitmarsh Island, which is the home school for Oatland Island residents.

Within the past 12 months, in order to qualify as a candidate in District 1, Joyner changed his personal residency to 24 E. Broughton Street.  His driver’s license also lists 24 E. Broughton St. a his home address.  In an interview last week with the Savannah Business Journal, Joyner acknowledged that he had made the residency switch within the past 12 months.  To run for office, an individual must have ‘resided’ at their address for a minimum of six months.

And he changed his voter registration address as well, but not from his Barley Rd. address.  Apparently, Joyner has been voting for years using the address of his childhood home at his parent’s address at 6 Center Terrace on Tybee Island.  Within the past 12 months, he registered to vote at a new address - 24 E. Broughton St.

Former Tybee Island residents who primarily live elsewhere but continue to vote there is a practice that irritates many Tybee politicians, adding to the issues that Reese must review.

According to Chatham County election laws, however, a person who owns multiple properties can elect the one to designate as their ‘residence’ for the purpose of running for office.  But Joyner apparently rents the apartment from his parents – he does not own.

Joyner states that before taking out his papers to run for office, he met with Russell Bridges, Chatham County Elections Supervisor to confirm that he had the right to run in District 1, based on the changes in residency he had made.  But the meeting, on its face, indicates to many that he realized his residency could be called into question.

Joyner purchased his Oatland Island home in 1999, valued at the time at $113,500.  In 2008, he made approximately $100,000 in improvements, and with the increase in the value of the lot, is now valued at a total of $426,000 by the Chatham County Board of Assessors. 

And Joyner maintains that there are other members of the current City Council who have multiple addresses and did the same thing he has done, including Edna Jackson who changed her residency to run back in 2002.  

Johnson and Joyner are not the only candidates for the District 1 seat.  Tonia Miller, a resident at 408 Cleland St. in Savannah in the Belmar Terrace Subdivision, is also running, a former teacher at Shuman Middle School and the owner of Success, Inc,, a non-profit tutoring company she founded.

After the hearing, Joyner posted on his Facebook page: “We had our hearing. My paper work is in order and in full. I have legitimate residency in the first district of Savannah Ga. It is now up to the Court Clerk. She will notify me within 7 to 10 days. Thank you for your prayers and thoughts. I even spoke with Mr. Dunham after the hearing and am looking forward to working with him to make the West Side of Savannah better. The people deserve it.”

If Reese determines that Joyner has met the letter of the law, the voters will have to determine if he meets its spirit.

Georgia Election Code

The Georgia laws that Reese must adher to are covered in Subsection 21-2-6 of the Georgia Election Code which follows:

§ 21-2-6.  Qualifications of candidates for county and municipal office; determination of qualifications

(a) Every candidate for county office who is certified by the county executive committee of a political party or who files a notice of candidacy, and every candidate for municipal office who is certified by a municipal executive committee of a political party or who files a notice of candidacy, shall meet the constitutional and statutory qualifications for holding the office being sought.

(b) The superintendent upon his or her own motion may challenge the qualifications of any candidate referred to in subsection (a) of this Code section at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for any such candidate may challenge the qualifications of the candidate by filing a written complaint with the superintendent giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which the candidate is offering. Upon his or her own motion or upon a challenge being filed, the superintendent shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is setting a hearing on the matter and shall inform the candidate of the date, time, and place of the hearing.

(c) The superintendent shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the superintendent determines that the candidate is not qualified, the superintendent shall withhold the name of the candidate from the ballot or strike such candidate's name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted.

(d) In the event that a candidate pays his or her qualifying fee with a check that is subsequently returned for insufficient funds, the superintendent shall automatically find that such candidate has not met the qualifications for holding the office being sought, unless the bank, credit union, or other financial institution returning the check certifies in writing by an officer's or director's oath that the bank, credit union, or financial institution erred in returning the check.

(e) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the superintendent by filing a petition in the superior court of the county in which the candidate resides within ten days after the entry of the final decision by the superintendent. The filing of the petition shall not itself stay the decision of the superintendent; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the superintendent shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the superintendent as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the superintendent are:

(1) In violation of the Constitution or laws of this state;

(2) In excess of the statutory authority of the superintendent;

(3) Made upon unlawful procedures;

(4) Affected by other error of law;

(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.

An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law.

HISTORY: Code 1933, § 34-406, enacted by Ga. L. 1980, p. 312, § 2; Ga. L. 1983, p. 884, § 6-3; Ga. L. 1986, p. 32, § 1; Ga. L. 1987, p. 1360, § 2; Ga. L. 1989, p. 900, § 2; Ga. L. 1993, p. 617, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 230, § 1.

§ 21-2-217.  Rules for determining residence

(a) In determining the residence of a person desiring to register to vote or to qualify to run for elective office, the following rules shall be followed so far as they are applicable:

(1) The residence of any person shall be held to be in that place in which such person's habitation is fixed, without any present intention of removing there from;

(2) A person shall not be considered to have lost such person's residence who leaves such person's home and goes into another state or county or municipality in this state, for temporary purposes only, with the intention of returning, unless such person shall register to vote or perform other acts indicating a desire to change such person's citizenship and residence;

(3) A person shall not be considered to have gained a residence in any county or municipality of this state into which such person has come for temporary purposes only without the intention of making such county or municipality such person's permanent place of abode;

(4) If a person removes to another state with the intention of making it such person's residence, such person shall be considered to have lost such person's residence in this state;

(4.1) If a person removes to another county or municipality in this state with the intention of making it such person's residence, such person shall be considered to have lost such person's residence in the former county or municipality in this state;

(5) If a person removes to another state with the intention of remaining there an indefinite time and making such state such person's place of residence, such person shall be considered to have lost such person's residence in this state, notwithstanding that such person may intend to return at some indefinite future period;

(6) If a person removes to another county or municipality within this state with the intention of remaining there an indefinite time and making such other county or municipality such person's place of residence, such person shall be considered to have lost such person's residence in the former county or municipality, notwithstanding that such person may intend to return at some indefinite future period;

(7) The residence for voting purposes of a person shall not be required to be the same as the residence for voting purposes of his or her spouse;

NEWS - Local Politics

SBJ Special Report

Sept 19, 2011 - As part of its regulatory relief agenda, the U.S. House of Representatives overwhelmingly passed legislation to prohibit the National Labor Relations Board from ordering any employer to close, relocate, or transfer employment under any circumstance, according to Congressman Jack Kingston (R-GA) who supported the legislation.

The Protecting Jobs from Government Interference Act stems from a lawsuit filed by the board in April accusing Boeing of violating labor laws by opening a new production facility in South Carolina.  In the lawsuit, the board alleges the facility will replace an existing facility in Washington and that the move is being made to punish unionized workers there.

“Not one person in Washington has lost his or her job as a result of this new facility,” said Kingston, an ardent supporter of the legislation.  “In fact, Boeing has hired 2,000 employees in Washington since it announced this decision.  That, apparently, is not good enough for big government which is literally killing jobs under the premise of ‘protecting’ workers.  

“No unelected government agency should have the power to tell private enterprise where it can or cannot create jobs.  This is not a union versus non-union issue and it is not about one company.  This is about restoring the bounds of government’s reach and getting government out of the way of job creation.”

At present Boeing employs 1,100 employees at its North Charleston location, according to Kingston.  Without congressional intervention, Kingston says those and countless more could be on the line giving the case’s implications for American competitiveness.

Deeply concerning to Kingston and others is the NLRB’s obstruction of congressional oversight and refusal to provide meaningful information.  The board’s failure to comply with repeated requests for information from congressional committees has led to threats of it being held in contempt of Congress.

The legislation, sponsored by freshman Rep. Tim Scott (R-S.C.) passed the House by a vote of 238-186.  It now moves to the Senate where it is being given a cool reception by Democrat leaders.

“The President says he wants to work with Congress to help create and save American jobs,” said Kingston.  “We should be able to come together on a bipartisan basis to support this effort which protects more than a thousand right here, right now.”

Congressman John Barrow (D-GA) also voted for the bill, one of only eight Democrats in the House to do so.   Georgia’s other Democrat Congressman opposed the measure except for Congressman John Lewis who did not vote.

Published by Savannah Business Journal.®All Copyrights Reserved ©2011. www.savannahbusinessjournal.com®

NEWS - Local Politics

SBJ Staff Report

Aug 8, 2011 - Congressman Jack Kingston (R-GA) released a statement on Friday after Standard and Poor’s announced they have lowered the United States credit rating to AA+, calling the move a reflection that Congress’s actions last week to reduce the Federal debt did not go far enough. He opposed the debt limit passed last week, voting against the legislation.

“For the first time in history, the credit rating of the United States has been downgraded. This confirms my belief that the debt ceiling increase signed into law this week does not go far enough to change the nation's fiscal trajectory. Congress should immediately reconvene to take up the fundamental reforms necessary to right the ship and lay the groundwork for a more stable and secure future for our children and grandchildren.

“I have put forth legislation which can be brought up today to cut spending immediately and bring the budget to balance in five years. With it and with a balanced budget amendment to the United States Constitution, we can answer the call for leadership necessary to face our fiscal challenges.”

Earlier this year, Kingston introduced legislation to limit total federal spending as a percentage of the economy. Americans for Prosperity, National Taxpayers Union, Club for Growth, Americans for Tax Reform, Citizens United, and Americans for Limited Government have all endorsed the plan.

After voting against the increase to the U.S’s statutory debt limit, Kingston said. “I commend the Speaker for fighting the good fight. We moved the debate from tax increases to spending caps and matched each dollar of debt limit increase to more than a dollar of spending cuts. But as far as we came, the deck was stacked against us. Controlling one-half of one-third of government limits the ability of small government conservatives to change the direction of our country overnight. It is clear America has a long struggle ahead of her as we continue to rein in spending and get our fiscal house in order. I intend to continue the fight and work for the reforms and spending cuts we need so badly in America.”

NEWS - Local Politics

Council Rejects Developer Michael Brown's Application for Appointment to the MPC

By Lou Phelps, SBJ Staff

July 18, 2011 – After admonitions and training from Georgia Attorney General Sam Olens, the Savannah City Council held discussions about all applicants for 74 open positions on the City’s board, authorities and commissions.

Previously held in executive session, and without any minutes or record of discussions, the Council met last Thursday in open session for more than an hour to review all applicants. In some cases, residents were willing to serve on multiple boards, and the Council discussed the strengths of each applicant, deciding to appoint people to only one position.

In a number of cases, the City needs more applicants and will have to re-advertise the openings making clear that for most of the positions, applicants must be residents of the City. A number of applicants also lived in unincorporated Chatham County neighborhoods, and future ads will make residency requirements clearer.

The open process provided several moments of unusual candor, including the Aldermen and the Mayor uniformly rejecting the application of developer Michael Brown for the Metropolitan Planning Commission. “No way,” several said outloud, making clear that no one intended to nominate him in the open session in the afternoon for the spot. “We need to re-advertise that position,” Mayor Otis Johnson directed City Clerk Dyanne Reese, “and we need to do some outreach for some of these spots,” he added.

In all, there were seven applicants for the MPC, but several people did not live within City limits, and two applications were received after the published deadline – from Frank C. Murray and Murray Stewart Marshall. The Mayor made clear that he had been solicited hard for one of the individuals, “and I just caution you that something is strange here…I’ve never seen so many letters for an appointment.”

City Clerk Reese reminded the Council that they have historically said that applications after the deadline would not be considered, “even though you have the right to do so,” when Felzer continued to put Marshall’s name forward.  It is the City’s policy that all late applications are given to the Mayor and the Mayor and the Clerk then bring them to the Council's attention, according to Reese.  

In addition to Brown and Marshall, other applicants for the MPC who were not appointed included Araceli Harper and Marjorie Weibe-Reed (both of whom were appointed to different boards during the session), and Susan Dyer, Kaitian Brouwer and Chad Warner. The MPC position was for the unexpired term of Jon Todd who resigned for health reasons.

No explanation was given publicly about why, but the Council or Mayor had apparently instructed Reese to have the four applicants for the open positions on the Historic District Board of Review attend the meeting to be interviewed – in public. It was the only board where the applicants had been asked to attend.

Discussions that ensued appeared to indicate that there has been friction on that board, with members unable to work together to make decisions, and the Alderman wanted to ask applicants on the record about their commitment to change that. 

First up was Daniel Brown, a 10-year resident on Wright Square, both a practicing architect and a teacher at Savannah College of Art & Design in the architectural and historic preservation field. Brown said that his teaching experience who be helpful in reviewing people’s applications and helping them learn about the current codes.

“It’s also my chance to volunteer and give back to the City where I call home,” he added While he has had past affiliations with several architectural firms in Savannah that routinely have projects that must come before the board, these were past relationships, he said and he did not feel would put him in conflict on difficult decisions. For any projects before the board for his own firm, he said that he would excuse himself from voting.

Alderman Mary Osborne asked Brown, as well as the other applicants, how he would approach helping less affluent applicants identify more cost available materials to comply with Historic District design and building requirements.

And, in response to a question on what he believes should happen if people make changes that have not been approved, or are in violation of building codes, Brown said, “Construction should be stopped. There should be fines and putting holds on the construction – there shouldn’t be loopholes.”

The next applicant was Stephen Merriman, owner of a window restoration company, who has recently worked on the restoration of the Tybee Island Theater.

Merriman said that he thought he could bring practical solutions to the board based on his hands- on experience, and familiarity with materials. He has extensive experience with restoration of historic homes in the District, including the opportunity to have reviewed many old drawings, he stated. Merriman recently replicated the moldings in the City Hall in the restoration of the City Manager’s office, and for ten years was a member of Pipefitters Union 188. And, his family has been in the building trades for 200 years in Savannah, including construction of the pre-civil war Court House.

As to working cooperatively with other Board members, Merriman said that he would employ common sense, and listen to other members to understand their perspective.

After his interview, several Alderman immediately expressed support for his ideas. “We have to have a practitioner to provide practical materials, practical ideas,” said Alderman Mary Osborne.

Longtime architect Jerry Lominack, managing partner of Lominack & Associates, was up next, a resident in the historic district since 1964 and the lead architectural firm for the recently completed Ellis Square project.

Lominack has worked on the newly drafted zoning ordinances, serving as a volunteer for that effort. “I’ve worked on both sets of revisions to the ordinances, and I’m the only member of that committee that never missed a meeting,” he said, explaining that he has a love for architecture, the city and preservation. His firm is on the State’s list of preservation experts.

In response to questioning, Lominack said that in making decisions, he “wouldn’t violate the ordinances,” but added that he would “like to see more 21^st century architecture downtown, frankly.” He previously served on the board years ago, but had not sought reappointment. One Alderman asked him if it was due to conflicts of interest on projects by his firm.

Last up was Keith Howington, a project manager with Greenline Architecture, who also has extensive professional experience in architecture and preservation work. He said that he was very community minded, and had recently volunteered his time on the city’s Mother Matilda dog park project, including finding the donations of the materials that were needed.

He lives in this historic district, having bought a house from Historic Savannah Foundation that was condemned, and has completely restored it.

He also applied for the board about four years ago, which several Alderman thought was in his favor. “We don’t want to discourage people who are willing to serve,” said Tony Thomas.

At the conclusion of the interviews, Alderman Jeff Felser said that he intended to nominate Merriman for the unexpired term that ends in December and Howington for the full term slot. Merrican can then apply in January for a full-term slot.

There was a concensus of support for the two from other Aldermen, as well, with Edna Jackson adding that she liked Howington’s “passion and his sincerity.”

Jones said that all of the candidates addressed his concern about the board members working cooperatively.

While Tony Thomas said that liked what Lominack had to say about more 21^st Century design in the district, he supported Felzer’s nominations.

“I like Howington; he has earned a shot. He’s come back, he’s interested,” explained Thomas.

For other boards, the following are the applicants, and those appointed:

For the Coastal Region Metropolitan Planning Commission: One position available, and one applicant, Susan Dyer, who was appointed. Mayor Johnson, who represents Savannah on the CRC, said that he was on the nominating committee and there were not a lot of women, and he urged support for Dyer.

Coastal Workforce Investment Board: Nine positions available. Seven applicants: Araceli Harper, Marti Barrow, Kathy S. Love, Angela Watkins, Harland A. Proveauz and two current members seeking re-appointments - Reginal L. Hendricks and Peter R. Doliber. Both were re-appointed. Harper had also applied for the International board, where Alderman felt her talents were needed as member of the Latino community. The other four applicants were all appointed and the city will re-advertise the three remaining openings.

Code Enforcement Appeals Board - Eight Appointments available on the nine-member board, with only three applicants – Victor J. Tetreault, William Coonce and Marjorie Weibe-Reed. A letter of recommendation from Wayne Dawson was received for Coonce. Reese reminded the Aldermen that three members of the board must be qualified in architect and or structural engineers. Coonce is a retired professional engineer and deemed qualified. The Alderman agreed to study whether nine positions were needed for this board in the future, but Osborne reminded the Council that if the board did not exist, the general public would have no place to appeal denials. Tetreault and Weibe-Reed were appointed to other positions.

Cultural Affairs Commission: three positions open with eleven applicants. “This is a very important commission, and it is also a very political commission and we need people who can be objective and not advocating for any special interest,” cautioned the Mayor during the discussion

Edna Jackson said that she supported Elaine Shavers Campbell.

Felzer asked that if they could be told which candidates had applied for multiple boards, and Jackson asked for other changes to how candidates were presented to them in their workbook for the session, leading those in attendance to wonder how appointments have taken place in the past when done in executive session.

Mary Ellen Sprague said that she supported Linette Dubois from the Ardsley Park Neighborhood Association, who she said was “relatively new to Savannah and did not have any strong alliances with any group,” which led to a discussion on where existing commission members lived, and whether there was good representation of neighborhoods across the city.

Tony Thomas said he supported Lisa Clark from the United Way, saying she was “hardworking.” Felzer said he supported Elaine Campbell, and Deborah Porter Glynn who was from the Paradise Park neighborhood, were appointed. Also applying were Lisa Hudson, Carl A. Miller, JinHi Soucy Rand, Jim Holt and David Riemen. Aracelli Harper’s name was saved for another board. (See below.)

Electrical Appeals and Advisory Board: One consulting engineer, one electrical contractor and one administrative person fo power company were needed. Only applicant, Paul Mamalakis, was re-appointed.

Greater Savannah International Alliance: One appointment available, and two alternatives with three applicants. Aracelli Harper was appointed for the full position and Justin A. Godchaux of Price Waterhouse was appointed the alternate. Also applying had been Michael D. Brown, local developer.

Housing Authority of Savannah: One appointment available with three applicants. Edna Jackson nominated Celia Irvine, saying she had support from people who work with the Housing Authority. It is actually a Mayor’s appointment, but he asked for nominations. Also applying was Victor J. Tetreault and Angela Watkins.

Keep Savannah Beautiful: Fifteen appointments available and six applicants. Appointed were Lisa Hudson, Russ Lee and Carl A. Miller. Also applying was Marti Barrow and Victor Tetreault, put onto other boards. Board will be re-advertised.

Park & Tree Commission: three appointments with two applicants, Russ Lee and Paul Hammond, both appointed.

Property Maintenance and Enforcement Board: three appointments available, plus two alternates, with only one applicant, Victor J. Tetreault, who was appointed.

Savannah/Chatham Council of Disability Issues: Six appointments available with seven applicants. Appointed were Elena Thompson, Melinda Y. Miller, Marjorie Weibe-Reed, Frank Laia, Kathleen Holmes and Shane Berryhill. Also applying was Lisa Hudson, put on a different board.

Savannah Film Commission: Nine appointments available, including six citizen positions and three from motion picture/television industry. Appointed were Murray Silver and Bailey Davidson, all appointed. Lisa Hudson and Paul Hammond also applied, but were put on other boards. Board will be re-advertised.

Savannah Hospital Authority: Seven appointments available with only one applicant, Elaine Shavers Campbell, who was appointed to a different. No discussion took place on why none of the current members sought re-appointment. Board will be re-advertised.

Savannah Recreation Commission: Six appointments available with only three applicants, George Shaw, Lisa Hudson and Victor Tetreault. Only Shaw was appointed as the others were already slated for other boards. Shaw is a Zoning Administrator for Effingham County, but a Savannah resident.

Savannah Zoning Board of Appeals: Three appointments available and three applicants, but only Quentin L. Markey, a Savannah attorney, had not already applied for a different position. One Alderman remarked on his “outstanding credentials for the Zoning Board of Appeals.” Also applying were Tetreault and Reed.

There were a number of late applications:

- Tom Coleman for Savannah Housing Authority

- Tom Coleman for Savannah-Chatham Council of Disability.

- Tom Coleman for Property Maintenance and Enforcement Board

- James P. English III for Housing Authority of Savannah

- Sara Mack Rayfield and Murray Stewart Marshall for MPC

- Sara Mack Rayfield for Zoning Board of Appeals

- J. Paul Hansen for Park and Tree Commission

And, there were applications received from Non-City residents willing to serve, but not meeting the requirements. They were:

- Eleanor Tucker for Savannah Recreation Commission

- Tanya Bailey Smith for Housing Authority of Savannah

- George Brazer and Nancy Minsky for Film Commission

- John Patrick Connell for MPC

NEWS - Local Politics

By Lou Phelps, SBJ Staff

June 27, 2011 - Responding to calls from businesses across a range of industries – “job creators” – according to Congressman John Barrow (GA-12), he has joined a bipartisan group of members of the U.S. House Committee on Energy and Commerce to introduce The EPA Regulatory Relief Act of 2011 (H.R. 2250). 

The proposal directs the U.S. Environmental Protection Agency to develop new, achievable standards affecting non-utility boilers and incinerators, and grants additional time for compliance with new EPA rules that are set to go into effect.

According to Barrow, economic analyses have projected that compliance with the rules as currently proposed could cost in excess of $14 billion, which could put more than 200,000 jobs at risk. “We all agree that we need to take responsible actions to protect public health and clean our environment,” said Barrow.  “But we need to do so in a smart, common sense way that does not jeopardize our efforts to create jobs and get the economy back on track. This legislation strikes the right balance by reducing the amount of pollution being spewed into the air, while at the same time removing regulatory burdens that threaten more than 200,000 jobs in our country.  It’s a win-win, and I look forward to working with my colleagues on both sides of the aisle to see this important piece of legislation become law.”

The members introducing the EPA Regulatory Relief Act issued the following statement: “Our goal is simple. With the EPA Regulatory Relief Act, we are giving EPA the time it needs – the time it has requested – to address difficult technical issues and develop rules that are workable in the real world. Likewise, businesses, institutions, and facilities need adequate time to finance the new monitoring and control equipment that will be required to meet the new standards, to obtain necessary regulatory approvals, and to design, procure, install, test, train personnel, and start up equipment. Without regulatory relief, EPA’s current rules endanger hundreds of thousands of jobs nationwide by forcing plant shutdowns and relocation of American manufacturing and jobs overseas. We look forward to working with our colleagues on both sides of the aisle, and the Obama administration, to see this type of common-sense relief become law.”

The legislation was offered jointly by Reps. Barrow, Morgan Griffith (R-VA), G.K. Butterfield (D-NC), Cathy McMorris Rodgers (R-WA), Jim Matheson (D-UT), Pete Olson (R-TX), Mike Ross (D-AR), and Steve Scalise (R-LA).

Background on H.R. 2250

On March 21, 2011, EPA published four interrelated, highly complex, and data-intensive rules setting new standards for more than 200,000 boilers, process heaters, and incinerators. The rules apply across the entire U.S. economy and affect manufacturing and industrial facilities, commercial buildings and facilities, colleges and universities, hospitals and medical centers, hotels and apartment buildings, and city buildings and municipal facilities.   EPA published the proposed rules in June of 2010. In December 2010, after receiving more than 4,800 comments, EPA asked a federal court for an additional 15 months to re-propose the rules and solicit more public comment. However, the court denied the request and instructed EPA to issue the rules within 30 days. While EPA complied with the court’s order, the same day EPA published the final rules it stated it would reconsider certain aspects of the rules because the public had not had sufficient time to comment.

The EPA has also issued a temporary administrative stay of the effective date of two of the rules, and reported that the agency estimates compliance with its boiler and incinerator rules will impose $5.8 billion in up-front capital costs, and the four rules collectively will impose new costs of more than $2.2 billion annually.

Affected industries project significantly higher costs, including capital costs in excess of $14 billion; the new rules are estimated by industry to potentially put tens of thousands of jobs at risk in sectors throughout the U.S. economy.   

H.R. 2250 will provide EPA with at least 15 months to re-propose and finalize new rules for boilers, process heaters, and incinerators; extend compliance deadlines from 3 to at least 5 years to allow facilities adequate time to comply with the standards and install necessary equipment;          direct EPA, when developing the new rules, to adopt definitions that allow sources to use a wide range of alternative fuels; and direct EPA to ensure that the new rules are achievable by real-world boilers, process heaters, and incinerators and impose the least burdensome regulatory alternatives consistent with the President’s Executive Order 13563.