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Billy Abbates Big 5 Lie and how BJ Mathis bought Tara Field for him
Henry County Board of Commissioners (HCBoC) just announced the purchase of Tara Field airport from Clayton County. The price of $10 million had been floated around but that number was directly disputed by Clayton County Chairman Eldrin Bell who said it would be MUCH MORE THAN THAT. He was right. According to an ANNOUNCEMENT today by the Henry County Board of Commissioners, the purchase price is $17.7 million. They claim the taxpayers portion will only be $2.7 million over the next 3 years. I call Bullshit. Given the two breach of contract lawsuits Bell successfully defended himself against from Willam Billy Abbate of Big 5 Enterprises who owns property adjacent to Tara Field, I can imagine Bell would have liked to stick it to the taxpayers of Henry County in regards to the final purchase price as payback to Abbate and his interference-runner, Henry County BoC CHAIRMAN B.J. MATHIS.
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and according to a statement made just last night by Curry at a meeting of the Republican Women of Henry County, we have not hit bottom. Given all that, most reasonable people might question why, in a time of such economic hardship for Henry County, would the HCBoC even put their tax payers on the hook for such an enormous long term financial burden. The answer is as simple as greed and political cronyism run amok between B.J. Mathis and Billy Abbate.
which indicated he would be out of town complying with a subpoena in Baldwin County, GA. Additionally, according to court affidavits, CHAIRMAN BELL and COMMISSIONER RALPH, both claim they were not given the proper three day notification of the meeting as mandated by law. During the special meeting, RESOLUTION 2006-181 was approved by a vote of 3-0 which authorized Clayton County to enter into a revised Through the Fence agreement granting access easement associated with proposal from William L. Abbate. Immediately following the meeting, the TTF CONTRACT was executed and signed by ViceChairman J. Charley Griswell and Billy Abbate. On December 12th, less than 24 hours later, at a properly called regular meeting of the CCBoC in which all five members were PRESENT, the Commission voted 3-2 to RESCIND approval of Abbates TTF contract. The next day a RESCISSION LETTER was sent from Staff Attorney for CCBoC Michael L. Smith to Crandle Bray, Attorney for William Abbate, advising that the CCBoC approved a resolution rescinding the Through the Fence Agreement executed on the previous day. [B]ased on the actions taken by the Board of Commissioners, this letter shall serve as notice that the County does not consider the agreement to be a valid agreement and does not intend to honor any terms of the agreement. As it turns out, Chairman Bells concerns about FAA approval of the TTF were rightly justified because within a week the County received a LETTER FROM FAA DISTRICT AIRPORTS MANAGER, Scott Serrit, assuring Bell the FAA did not, as a general rule, approve easement access agreements between private property and public airports. In this case though, the objection was magnified by the residential component of Abbates development project which would cause a number of problems for the FAA including noise complaints and unfair competition with on-airport business operators. If the County agreed to the TTF, he explained, they would most assuredly be in violation of laws which would jeopardize their federal grants for Tara Field. Bell immediately RESPONDED TO THE FAA and assured them the TTF agreement had been rescinded and Clayton County had no intention of violating any of the federal Grant Assurances. This prompted Abbates attorney to contact the FAA directly in an effort to appeal their decision to which the FAA RESPONDED IN A LETTER to Clayton County that any appeal should be made by Clayton County and not the property owner. Even so, after reviewing Abbates information both the FAA Southern Regional Office and FAA Washington D.C. headquarters staff found nothing new that would change their determination to oppose the TTF agreement.
he directly relied on it in his hearing when he argued for rezoning in front of the Henry County Zoning Advisory Board (ZAB). During his presentation to the ZAB on SEPTEMBER 27, 2007 Abbate falsely stated: The economic impact will be provided through a Through-the-Fence Agreement with Clayton County that was approved by the Clayton County Board of Commissioners September 2006. The terms of this agreement will provide the residents of this Big 5 development to have access to and use the airport property. It also grants three easements from the Big 5 property onto the Tara Field Property. This agreement has been executed by both parties and is recorded in Henry County in book 1079, page 195. There was no September 2006 agreement with Clayton County. It was merely a RESOLUTION that was passed by CCBoC that agreed to negotiate a TTF with Abbate. It did NOT grant him access. Additionally, the document he filed with Henry County was the December 11th non-contract TTF that was properly rescinded. Although he did have the valid October 27, 2006 contract with Clayton County to lease airport property to build an FBO, he was trying to spin it to create the illusion that it was all one contract that also gave him the TTF easement access from his property: The Through-the-Fence Agreement has a clause in it where they allow to build the FBO and then lease it back to the County. If they (Clayton County) choose not to participate in that portion of the Through-the-Fence Agreement; they must do that in order to retain the fuel revenue sales, 100% of the profits. If they elect not to do that, then we will put the FBO on our property which will require a small revision to the plan that we are presenting, but they would not get the fuel revenues. Again, during the same hearing with the Henry Zoning Advisory Board, BILLY ABBATE STATED (p.3): This development would affect two counties. Clayton County is the airport owner. There is a Through-the-Fence Agreement with Clayton County that has been recorded in Henry County. Additionally, when directly asked about the status of the TTF by District IV Zoning Board member member Rev. William Herndon, Abbate intentionally neglected to answer that part of the question. From the MEETING MINUTES: William Herndon asked what the status today was with the Through the Fence Agreement with Clayton County, and if they were limited. William Abbate stated there was a time constraint in the Through the Fence Agreement that stipulates they have to begin work within twelve (12) months of execution of the agreement. William Herndon asked what the dated of the execution of the agreement was.
William Abbate stated it was December 11, 2006. See how he did that? He never said what the status was of the TTF when directly asked but only addressed its limitations. Shame on him for lying to a Reverand. Lastly, Zoning Board member CHARLES MOBLEY asked Abbate if the TTF agreement hinged on the FBO being built were Clayton County would retain all the tax revenue. Abbate rightly responded that it would not. Thats because the FBO lease and the TTF were two different things but he couldnt let them to know that. As a result, the Zoning Advisory Board relied heavily on Abbates claims about the TTF non-contract when they RECOMMENDED APPROVAL of his rezoning request to the Board of Commissioners. The subject property is immediately adjacent to the Clayton County Airport and has the unique advantage of being able to serve those who use the Clayton County Airport due to a signed through-the-fence agreement with Clayton County. At a regular meeting held on NOVEMBER 6, 2007 of the Henry County Board of Commissioner in which they took up Abbates zoning request, he again falsely stated: B5Es Thru-the-Fence Agreement (TTF) with Clayton County was approved by UNANIMOUS vote of the Clayton County BOC in September 2006, and again by UNANIMOUS vote of the Clayton County BOC in December 2006. This agreement has been executed by both parties and has been recorded in Henry County (Book 10079, Page 195). The motion to approved zoning from RA (Rural Agriculture) to PD (Planned Development) passed unanimously.
Keep in mind that, as shown on the first page of non-contract TTF HE FILED INTO THE HENRY COUNTY BOOKS, Billy Abbates primary business at the time was Quality Physician Services located at 1065 Jodeco Rd., Stockbridge, GA. He knew and dealt with many folks in the medical industry from Henry County. Im just sayin. Under normal circumstances that may not seem like such a big deal except that on the same disclosure form, Mathis lists an expenditure for office space she rented for her campaign headquarters. The address, coincidentally, was 1065 Jodeco Rd., Stockbridge, GA. And, in case you were wondering, the address listed in the CURRENT HENRY COUNTY TAX RECORDS for the owner of the land located adjacent to Tara Field is Big 5 Enterprises of 1065 Jodeco Rd., Stockbridge, GA. After she won the election, in August of 2009 Mathis tried to intervene by sending a letter to FAA about their objection to the TTF. In a SCATHING RESPONSE, Scott Seritt, the FAA Southern Region District Airports Manger advised it was important that the FAA not usurp Clayton Countys role in the issue of compatible land use in vicinity of Tara Field, which tells me thats exactly what Mathis was asking them to do. Seritt also advised that the FAA discourages Through the Fence agreements at public airports and opposes them when they involve residential components. They continue to oppose Abbates plan. Also in August of 2009, Mathis CONTACTED Clayton County announcing Henry Countys interest in purchasing Tara Field. They did not respond.
On November 6, 2009 District Court Judge Orinda D. Evans ORDERED: The Court concludes that Resolution 2006-192 did not constitute an impairment of contractual obligations The Court holds that Defendants are entitled to judgment as matter of law that Defendants did not violate 42 USC 1983. All of sudden, at that very moment the Judge signed this Order, there existed nowhere in the world an agreement from Clayton County that authorized Billy Abbate to access Tara Filed from his property. The matter had been decided. Still not to be one to take no for an answer, Abbate FILED SUIT on November 24, 2009 in Clayton County Superior Court this time claiming breach of contract. (Civil Action No. 2009CV04893-6, Lovejoy Realty, LLC; Big 5 Enterprises, LLC, Plaintiffs vs. Clayton County, Georgia; Eldrin Bell, in his official capacity as Chairman of the Clayton County Board of Commissioners, Defendant). Abbate also filed a PARTIAL MOTION FOR SUMMARY JUDGMENT on April 23, 2010. Once again, Chairman Bell filed CROSS MOTION FOR SUMMARY JUDGMENT asking to have the case thrown out citing the rescission events of December 12, 2006 and a number of other reasons, including that Abbates TTF did not attach a discernible description of the easments. The Judge agreed. Abbate lost. Again. On May 25, 2011, Clayton County Superior Court Judge Deborah C. Benefield ORDERED: Therefore this court FINDS the Through the Fence agreement in the instant case does not disclose with sufficient certainty the intentions of the parties with respect to the quantity and location of the easment. Therefore this court FINDS that even though the Through the Fence agreement was approved by the Clayton County Board of Commissioners at the December 11, 2006 meeting and assented to by the parties, it does not contain a valid description if the property to be conveyed. For the foregoing reasons, the plaintiffs Motion for Partial Summary Judgment is DENIED. The defendants Cross-Motion for Summary Judgement is GRANTED. So, although the TTF contract was found to be fatal for for a different reason than what Eldrin Bell initially claimed, all in all it took a court to make that determination. Abbate had no authority to decide that on his own and simply pretend it was a valid contract in his dealings with Henry Countys Zoning Advisory Board, The Board of Commissioners, and the Atlanta Regional Commission. Had he done the rpoper thing and taken the matter to court FIRST it is likely the land never would have passed muster for rezoning.
The ONLY way left for him to stop the bleeding is if Henry County purchases Tara Field, which they just did TODAY.
time the matter has been brought upby the HCBoC, it has been behind closed doors in Executive Session out of the view of the taxpayers who are being forced to foot the bill for this blatant cronyism and corporate welfare. Shame on B.J Mathis and anyone of the other Commissioners who allowed Billy Abbate to mislead EVERYONE for five years and then make the hard-working people of Henry County pay for his poor decisions. I intend to keep on this matter and expose those Commissioners who voted to enslave the citizens of Henry County to Billy Abbate and and the other four political thugs at Big 5 Enterprises. *Full disclosure: I am an employee of the Federal Aviation Administrion, however, no federal resources AT ALL were utilized in the research or writing of this article. All records contained herein are public documents I acquired from the Clayton County Justice Complex and from online sources.