which indicated he would be out of town complying with a subpoena in Baldwin County,GA.Additionally, according to court affidavits,
, bothclaim they were not given the proper three day notification of the meeting as mandatedby law.During the special meeting,
was approved by a vote of 3-0 whichauthorized
“…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
was executed and signed by Vice-Chairman J. Charley Griswell and Billy Abbate.On December 12th, less than 24 hours later, at a properly called regular meeting of theCCBoC in which all five members were
the Commission voted 3-2 to
approval of Abbate’s TTF contract.The next day a
was sent from Staff Attorney for CCBoC Michael L.Smith to Crandle Bray, Attorney for William Abbate, advising that the CCBoC approveda 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 asnotice that the County does not consider the agreement to be a valid agreement and doesnot intend to honor any terms of the agreement.”
As it turns out, Chairman Bell’s concerns about FAA approval of the TTF were rightly justified because within a week the County received a
Scott Serrit, assuring Bell the FAA did not, as a general rule, approve easementaccess agreements between private property and public airports. In this case though, theobjection was magnified by the residential component of Abbate’s development projectwhich would cause a number of problems for the FAA including noise complaints andunfair 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 jeopardizetheir federal grants for Tara Field.Bell immediately
RESPONDED TO THE
and assured them the TTF agreement had beenrescinded and Clayton County had no intention of violating any of the federal GrantAssurances.This prompted Abbate’s attorney to contact the FAA directly in an effort to appeal theirdecision to which the FAA
RESPONDED IN A LETTER
to Clayton County that any appealshould be made by Clayton County and not the property owner. Even so, after reviewingAbbate’s information both the FAA Southern Regional Office and FAA WashingtonD.C. headquarters staff found nothing new that would change their determination tooppose the TTF agreement.