Debate over representation
About 140,000 residents in southeast DeKalb County have lacked a district representative since July 2013, when Gov. Nathan Deal appointed Commissioner Lee May to serve as the county’s interim chief executive. May replaced suspended CEO Burrell Ellis, who faces charges that he extorted campaign contributions from county contractors.
In August, May nominated community activist George Turner to fill his seat after reviewing 20 candidates. But the DeKalb Commission has stalemated over Turner’s nomination since August, with three commissioners in support and three opposed.
May said this week he will ask Deal to step in and appoint a temporary commissioner who would serve at least until the charges against Ellis are resolved. Ellis’ retrial is scheduled for June 1.
A planned entertainment complex that would have pushed the limits of gambling in Georgia appears unlikely to become a reality because the unanimous DeKalb County Commission vote approving it was possibly invalid.
The around-the-clock Panola Slope resort in southeast DeKalb would have offered up to 425 gaming machines, far more than have previously been permitted anywhere else in Georgia. The games could have included video slots and video poker that paid out vouchers for items like steak dinners and lodging in 2,700-square-foot villas.
But DeKalb County Attorney O.V. Brantley wrote in a memo released Wednesday that the commission’s 4-0 zoning approval on Dec. 16 was improper under Georgia law because no representative from southeast DeKalb participated in the vote.
Super District Commissioner Stan Watson, who represents the eastern half of DeKalb, abstained because he’s paid $500 per month as a consultant for the developer. And the area’s district commission seat has been unfilled for more than a year and a half since Commissioner Lee May become the county’s interim chief executive after CEO Burrell Ellis was indicted.
Without southeast DeKalb’s commissioner in place, May said the board should comply with the county attorney’s opinion.
Brantley’s memo came after joint reporting by The Atlanta Journal-Constitution and Channel 2 Action News about the resort, which some considered too close to a casino for Georgia, a state that bans most forms of gambling.
The developer of Panola Slope, APD Solutions CEO Vaughn Irons, didn’t return a phone call Wednesday seeking comment. He has previously said he was careful to comply with Georgia law, and only legal gaming would be allowed at the resort.
“People are raising red flags, and when you have red flags raised, you need to look at it deeper,” said Commissioner Kathie Gannon. “We’ve got to keep it legal.”
Gov. Nathan Deal said Tuesday he opposes any expansion of gambling in Georgia, and he will ask the board of the Georgia Lottery Corporation to review the Panola Slope proposal before it’s granted a license.
The DeKalb Commission should acknowledge the invalidity of its previous vote and restore the Panola Slope zoning application to the agenda, Brantley wrote. The commission could also leave its previous decision in place, but then the county would be susceptible to a lawsuit.
A re-vote on the project couldn’t be held until southeast DeKalb gets a representative for the area’s 140,000 residents. The county commission has deadlocked since August over May’s nominee, community activist George Turner, and May said he will ask Deal to appoint someone to fill the seat.
“I’m tired of the lack of representation. It’s taxation without representation. It’s as simple as that,” May said. “District 5 deserves a person who can stand in and deliberate over the zoning, budget and policies issues that would directly affect the district.”
Commissioner Larry Johnson said he supported the project after community members asked for it as a way to bring jobs and restaurants to the area.
“This is something they wanted in an area that’s been underdeveloped for a while,” Johnson said.
But Commissioner Jeff Rader said the county’s elected officials weren’t well informed about the type of games that would be offered before casting their votes.
“I thought these were like Pac-Man or something,” said Rader, who requested the county attorney’s opinion on the legality of the vote. “Clearly, I didn’t have all of the information I should have had in order to make the vote that I did.”
Besides video poker or video slots, Panola Slope would have offered a variety of other games like a virtual reality roller coaster, a golf simulator and a military simulator as part of its “barcade” concept. Cash payouts are prohibited in Georgia, but the games could have given awards redeemable on site, similar to Dave & Busters.
No other business in Georgia has obtained permission for more than 14 of these types of machines in one location.
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