State to Snellville: "You cannot regulate emissions!"

In what should have been common sense last fall among Snellville city council members, the State of Georgia has affirmed that the City of Snellville cannot regulate crematory emissions.  However, rather than exhibiting common sense and upholding fairness and justice, Snellville city councilwoman Kelly Kautz and her ilk pushed forward with a persecution of a private property owner and local businessman in order to curry political favor with voters.  Even in light of the state's ruling and a similar opinion by Snellville's city attorney, Kautz amazingly continues to express support for Snellville to regulate crematory emissions.  

So, does this mean that Chris Nuzum can finally cast aside the shackles of the City of Snellville and open his business?  Nope.  There is still is the matter of the frivilous building plans deviations.  The lawsuit on that matter is still pending.  Hopefully, Nuzum will wind up owning half the City of Snellville.  Maybe he can put his crematory INSIDE city hall!  Goodness knows, there's enough space!

Balfour considers change in Snellville city council

State Sen. Don Balfour (R-Snellville) is contemplating a change to the structure of the Snellville City Council.  Because the council has an even number of votes, deadlocked votes are common.  Such a move makes sense so that issues can come to a resolution one way or the other.  Snellville Mayor Jerry Oberholtzer, however, makes a valid counterpoint: this type of change should be intiated by the council itself.  If the city and residents are not asking for the problem to be fixed, then is this really something on which Sen. Balfour should make the first move?  This of course assumes that there is even a problem.  Mayor Pro Tem Warren Auld may have put it best:

Auld said beyond the three options pitched by Balfour, there’s a fourth: leaving it the way it is. “In some cases, having gridlock means limiting government action, which sometimes can be a good thing for our citizens.”

Often, government wants to insert itself where it does not belong and a divided government body gridlocked can be an effective antidote to this urge.  (With the Democrats in solid control in Washington, how much I long for a good case of gridlock for the next four or, perish the thought, eight years!)

I think Sen. Balfour's idea to hold a town hall to discuss the matter is the best balance of the various viewpoints.  If there is a town hall, I hope that organizers will avoid seeding justifications for a change like the County Commission did with socialized garbage and simply let residents speak express their own views.  From this, the state legislature will have more standing to address Snellville's city council logjams.

Oh, and if the legislature eventually decides to act and decides to reduce the size of the council by one, let me be the first to nominate Councilwoman Kelly Kautz to be the member that is shown the door.  After her performance throghout the crematory controversy, she has earned that honor!

Neighbor piles on Snellville crematory

A neighbor to the Snellville crematory is seeking to join in the lawsuit party between the city and crematory owner Chris Nuzum.  I find it ironic that Milus Maney would be joining together with the city in this fight.  His fight should be against the city.  What part of "the crematory complied with all planning and zoning guidlines" does Maney and others in Snellville not understand?

I sympathize with Maney.  I would not want to live beside a crematory either.  I would feel betrayed.  However, if that facility complied with all planning and zoning regulations, then my complaint would be with the jurisdiction whose zoning laws allowed it to happen.  I have never contended that this use does not have an impact - more psychological than physical - to neighbors.  But this matter boils down to property rights.  Chris Nuzum followed the law.  He spent a lot of money to renovate this property.  If he is simply kicked out of his facility, who is going to make him whole?  Does Milus Maney want to compensate Nuzum for his losses?  Remember, Nuzum has done nothing wrong.  For this reason, the residents' fight should be against the City of Snellville, not a small businessman.

Snellville trying to settle crematory lawsuit?

There is some indication that the City of Snellville is attempting to settle a lawsuit filed against it as a result of the controversial crematory case.  The Cremation Society of the South has been railroaded in recent months by the Snellville City Council in a politically motivated denial of the company's property rights.  The crematory sued the city in November after the city appeals board took exception with some trivial differences between the as-built facility and the submitted building plan; as a result, the crematory's operating licenses were revoked.  Unfortunately, the prospect of a settlement seems dim given the comments of Councilman Tod Warner who noted that "'there seems to be some division on the council, so it appears there won’t be any solutions forthcoming.'"

Furthermore, the political vendetta appears to be ongoing.  Councilman Robert Jenkins has shown little concern for the crematory's property rights during this fiasco and little appears to have changed on this front:

Councilman Robert Jenkins said Wednesday he couldn’t comment on pending litigation, but he said he hadn’t even seen the lawsuit.

“In the meantime, the crematory’s closed down, so that’s fine with me,” Jenkins said. “I don’t know what the next step is going to be in this thing.”

Let me get this straight?  Jenkins' name has come up in this controversy numerous times.  Therefore, based on several newspaper reports, I think it is fair to say he has been closely involved in the Council's consideration of this matter.  As such, I must ask, why, in a month's time, has he not read a lawsuit against the city of which he is an elected official?  Is he merely grandstanding and attempting to slight crematory owner Chris Nuzum, or is he failing to dedicate himself to his service to the residents of Snellville?

I think I have now realize what is going on here and, frankly, I am disaappointed in myself for not having recognized it sooner.  I have encountered similar situations when I used to work on cell phone tower applications.  When faced with a politically unpopular planning and zoning issue for which the elected official has little legal standing to stop, the official digs in and staunchly opposes the matter.  Though they probably know that a court would likely never back their stance, they remain defiant rather than truly leading and making a decision that may be politically unpopular.  In doing so, they can then tell voters that they fought for them and blame the legal system for greenlighting a project.  What makes this tactic sleazy, the lack of leadership that it entails notwithstanding, is that the elected official wastes countless taxpayer dollars on government staff time and legal fees.  The petitioner, in addition to having his or her property rights held hostage, may have to spend thousands of dollars simply trying to protect the basic freedoms, dollars they may or may not ultimately recover.  I recognzied some time ago that Kelly Kautz and company were playing political games but a comment she made to a Gwinnett Daily Post reporter woked up to the fact that this tactic was apparently in play once again:

Councilwoman Kelly Kautz, who drafted an air-quality control ordinance that would regulate businesses such as crematories, said she knew the issue would wind up in court.

“It’s up to the judge now to decide, so maybe it’s a relief now that it’s out of our hands and in the court’s hands.”

How the residents of Snellville can even consider reelecting Ms. Kautz is beyond me.  Of course, the parade of people in zoning hearings, city council meetings and county board meetings never fail to highlight that many citizens either do not appreciate or simply do not care about private property rights.

“Thank you, Miss Kautz. Again, you’re wrong.”

Snellville councilwoman Kelly Kautz cannot seem to avoid controversy.  Kautz, who has waged war against the property rights of local businessman and crematory owner Chris Nuzum, found herself in a minor dust-up in Monday night's Snellville City Council meeting.

The addition of a seemingly benign agenda item raised hackles among council members Monday night.

Councilwoman Kelly Kautz said she had “general comments/announcements from mayor and council” added as a “nice touch” to conclude the meetings.

...

[Councilwoman Barbara] Bender said city code sets the meeting protocol and doesn’t have a place for such announcements. By adding it as new business, Kautz is doing a “convenient workaround to sidestep the code,” Bender said.

Kautz shot back. “It never ceases to amaze me sitting up here on the bench how we can agree on such complicated matters and disagree on something that is supposed to be completely pleasant.”

Kautz later suggested that Mayor Jerry Oberholtzer had unilaterally removed the item from the agenda, prompting Oberholtzer to say, “Thank you, Miss Kautz. Again, you’re wrong.”

No, this is not really that big of a deal.  Had it been anyone other than Kautz, I doubt I would have even paid it any mind.  However, after the completely egregious conduct of the councilwoman in the crematory case, she deserves every bit of negative attention she earns.  Hopefully, the voters of Snellville will limit this exposure by voting her out when she comes up for reelection.

Snellville city councils defers on two crematory items

The Snellville City Council deferred votes on two items regarding the crematory issue last night.  They did not act on the question of the air quality ordinance nor did they take up the matter of the facility's building plans.  For now, there is no change in the situation.

Crematory threatens to sue Snellville

Chris Nuzum is not taking the discrimination he is facing from the city of Snellville lying down.  His attorney has stated has indicated their intent to sue the city.

The attorney for the owner of a controversial crematory is ready to file a lawsuit against the city of Snellville if it tries to rule against the now-shuttered business.

...

“It was zoned that before Chris Nuzum bought it,” Moore said. “[The council] may have a different view today, but their view doesn’t hold water.”

Kelly Kautz must be smiling tonight

Kelly Kautz is "pleased."  The City of Snellville has won the latest round in its crusade against the Cremation Society of the South.  Simultaneously, the city has dealt a blow to small business and private property rights.  As a result of a Snellville Board of Appeals decision Tuesday,  the city today ordered the crematory to cease operations.  The question of whether to accept the changes to the building plan that was originally submitted to the city in comparison to what was actually built will now come before the city council.  This is the city council where several members have worked tirelessly to protect their political backsides while stomping all over Chris Nuzum's property rights.  When this is heard, with a crowd likely packed with NIMBY neighbors of the crematory, what are the odds that the council will vote in a manner that will allow the crematory to resume business?  I would think slim to none.  Kautz and her council gang have clearly demonstrated they are more interesting in protecting their political power than protecting the rights of all members of the Snellville community.

While details of the appeals board reasoning is sketchy, one issue was the fact that the crematory has a smokestack.  That may sound like a pretty important deviation from the building plan.  However, this reason is as flimsy as tissue paper when you consider that the smokestack was build to look like a standard chimney, an architectural detail that fits perfectly for a business operating in a converted ranch-style home.  Setting aside the backdrop of the crematory controversy, residents should be apalled that the government can usurp a property owner's rights for such a trivial point.

As is too often the case when government enters into a crusade against a private citizen, a lawsuit may be the only way for the citizen to protect his rights.  This appears to be the path that Chris Nuzum intends to follow.  Mayor Jerry Oberholtzer, one of the few fair-minded elected officials in Snellville, expects a similar course of action, saying, "It looks like we’re going to be in a lawsuit."  As a Christian I do not support vengeance, but I do think Nuzum is well within bounds to seek redress in the court system.  The actions of those unfairly targeting his business are surely costing his business a significant amount of money.  According to the AJC, two nearby residents are behind the appeal that led to Tuesday's decision:

Attorney Frank Jenkins, who argued Tuesday night on behalf of residents Milus and Charlene Maney, who filed the appeal, said the crematory should be shut down immediately.

While I am not an attorney, I would wonder, unless there is more impact to them other than proximity to the business and a chimney, if the Maneys have legal standing to pursue such an appeal.  (If they do, in the absence of a reasonable cause to appeal the city's decision, the relevant ordinance should be changed such that nearby property owners cannot place their preferences over another person's rights.)  Furthermore, even if the council were to accept the plan changes and allow the crematory to re-open, this vote may not come until November.  I would think that would give Nuzum cause to sue the city for loss of revenue.  Also, if the Maneys cannot show any substantitve cause for their appeal, Nuzum should be able to seek compensation from the couple (and perhaps get an ordinance that would such weak appeals to be overturned by the court).  If the law does not allow a victim of a specious legal action to seek such compensation, this law should be reconsidered by the state legislature in order to protect property owners from NIMBY crusades.

I find it disgraceful that as a legitimate member of the Snellville business community, operating a needed and respectable business, Chris Nuzum cannot expect simple fair treatment from several members of the Snellville City Council.  Politicians should pay for this affront to basic liberties with their jobs.  I earlier blogged that I doubted Kautz and company would be held responsible at election time since too many residents were more concerned about their wants and desires than the sanctity of property rights.  However, I take heart that the majority of comments to the AJC article are running against the NIMBY crowd.  If these commenters are other Snellville residents, perhaps there is hope that Kelly Kautz and her cohorts will not get away with their political games.  Regardless, this controversy is a frontal assault on property rights and a black eye for the City of Snellville.

Kelly Kautz is what is wrong with government

Snellville City Councilwoman Kelly Kautz is continuing her politically-motivated assault on a private business.  Her proposed air quality ordinance could cost the Snellville crematory as much as $250,000 for air quality monitoring equipment.  I believe crematory owner Chris Nuzum hits the nail on the head in saying, "The city would like to make it cost prohibitive so we would have to close shop."

These actions show that elected officials like Kelly Kautz are what is wrong with government.  She says she "doing this for the health of our citizens and our environment", though this assertion rings hollow given that the need for or efficacy of this ordinance is questionable at best.  If Nuzum is right, Kautz is apparently willing to use the power of government to effectively put a legal business whose owner has followed all laws out of commission.  This is an absolute disgrace.  I do not know if Snellville has a recall law, but I would hope that someone would investigate whether such a citizen response is possible.  Regardless, if this is the disdain that a Snellville elected official shows to private business in her city, I am inclined to no longer spend any money with businesses within the Snellville city limits.  I hate to harm innocent businesses, but I would hope that eventually Snellville residents would realize that such behavior on the part of elected officials is absolutely unacceptable and would act to keep Snellville from being a dangerous precedence for other local governments.

Kelly Kautz pushes over-regulation for political gain

Snellville City Council member Kelly Kautz is continuing her efforts to shore up her political standing. Unfortunately, to do so, she is recklessly pushing government overregulation. Due to my travels early last month, I never blogged about the opening of the Snellville crematory.  Despite politically-inspired efforts by Kautz and other council members to deny crematory owner Chris Nuzum’s property rights, City Manager Russell Treadway found that concerns over crematory emissions were unwarranted.  This apparently was not the end of the matter for some council members.  The council "voted for a new ordinance allowing city employees to regulate the emissions by various methods."  Two weeks later, the city attorney informed the council that they had no authority to regulate emissions.  Kautz was undeterred as she and fellow council member Robert Jenkins both expressed disagreement with the attorney's conclusion.  I must pause to observe: if you are simply going to brush aside the opinion of a city attorney, an attorney who by definition is acting on behalf of the City, then what is the point of having that city attorney offer advice?  To be fair, Kautz is an attorney herself so she may have a legal leg on which to stand.  However, Mayor Jerry Oberholtzer has noted that she is not an environmental lawyer but rather a trial lawyer.  This leads to reasonable skepticism over Kautz's latest move.

Last week Kautz introduced a draft of an ordinance which limits the levels of "mercury and dioxin/furan emissions for any incinerator of bodies, body parts or infectious wastes."  So what are the qualifications of a small-town lawyer, whose own law firm and campaign websites do not state any expertise in environmental law or science, to draft such a technical, scientific ordinance?  Apparently none since she could not explain in laymen's terms what the ordinance limited.  She stated that the language "was modeled after a Pennsylvania ordinance, which was modeled after the Clean Air Act.”  Is it not clear what is going on here?

As I have been saying, this is nothing but politics.  Kautz is pushing this unnecessary law to rebuild her political capital.  You might think that since the crematory has opened that Kautz is motivated by simple concern for Snellville's residents.  Perhaps, but there have been no reasonable questions raised in this case over air quality.  All such questions have appeared high political.  Also, the efficacy of a single town attempting to regulate air quality, something that would likely have to be done on a larger scale, is highly questionable.  If this were a legitimate effort to impact air quality, why is Kautz proposing a rushed "cut and paste" ordinance rather taking the time to consult with air quality experts in order to draft a more scientifically researched law?  I suspect that Kautz is continuing to push this matter in order to build a case that her opposition to the crematory was well-founded and not simply political.  Unfortunately for Kautz, the events of recent months do not bear this out.

What is clearly going on in Snellville is a continuation of the political games that started in the summer.  The residents of Snellville should see through this and, even if they were opposed to the crematory, recognize that the politicians are doing little more than pandering to them.  I would also hope that voters would recognize the circumstances and background of this case and respect Chris Nuzum's property rights.  Sadly, based on a comment made at a council meeting last month, Kautz and company's efforts are paying political dividends.

“For the council members that have tried their best … to fight for us, we thank you,” [Eric] Bonaparte said, but added that he’s disappointed in those on the other side of the debate.

I hope that the council will stop the political games and vote down this ordinance.  Leave a complex task such as regulating air quality to scientific experts at a state or federal level.  Political pandering is insulting enough on its own, but pushing ill-conceived laws for the personal benefit of politicians is how we wind up with tangled webs of government regulations that increase costs of doing business and stifle small enterprise.