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Port authority starts eviction against Augusta marina operator

Thursday, June 12, 2014 12:12 PM
Last updated Friday, June 13, 2014 1:33 AM
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Augusta Port Authority began eviction proceedings Thursday against longtime marina operator Mobile Marine for failure to pay rent “for many months” and other unspecified reasons.

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After a half-hour closed-door session with two city attorneys, the authority voted unanimously to terminate the contract with Mobile Marine, which involves riverfront lands owned by the city, the authority and Augusta’s Downtown Development Authority.

Augusta general counsel Andrew MacKenzie said the eviction was delayed because all three owners had to act in concert to prevent Mobile Marine from simply relocating from one riverfront spot to another.

Authority member Tonya Bonitatibus, the executive director of the Savannah Riverkeeper, said that “the whole thing is really unfortunate” but that Thursday’s move might allow Augusta to improve its riverfront, “so we can actually have the marina Augusta needs.”

Authority member Frank Carl said the next step will be seeking a new operator for the city’s boat slips and warehouse, and developing an ordinance to deal with derelict vessels.

“We have to move along,” Carl said.

Griff Griffin, who sublets part of the city-owned property from Mobile Marine, defended company owner Mike Stacy, who did not attend. The company has run the marina for 14 years. A 2007 lease shows the rent as $1,500 a month.

“Once it goes to court, he’s going to present 100-and-something exhibits showing violations of the contract,” said Griffin, who has a teepee at the site and owns Augusta CrimeStoppers.

The authority and Mobile Marine have been at odds for several years, with Stacy accusing members of burglary last year for entering one of the marina buildings. In January, when Bonitatibus reported six boats had gone missing from their city slips, marina dockmaster Steve Daly claimed there were just two boats, occupied by squatters, that had drifted away.

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Little Lamb
47012
Points
Little Lamb 06/12/14 - 01:54 pm
6
0
Too many cooks . . .

So, we learn that the land occupied by Augusta marina “ involves riverfront lands owned by the city of Augusta, the Augusta Ports Authority and Augusta’s Downtown Development Authority.”

Well, wouldn't this eviction be a good time for these three organizations to come together and create a single parcel of land for the marina and have ownership of that parcel be put into a single entity? I think that the Ports Authority should own the parcel because it involves a navigable waterway.

dichotomy
34495
Points
dichotomy 06/12/14 - 02:21 pm
6
0
One more thing the "city" of

One more thing the "city" of Augusta cannot manage without it turning into a long, drawn out, convoluted goat rope....and probably a lawsuit

Like I have said before...the city of Augusta....nor any of it's included entities......are capable of organizing a company picnic.

Butterman
3682
Points
Butterman 06/12/14 - 03:26 pm
4
0
The real news here
Unpublished

is that Augusta still has a Port Authority.

corgimom
34215
Points
corgimom 06/12/14 - 08:44 pm
0
5
Butterman, you mean for a

Butterman, you mean for a non-existent port?

corgimom
34215
Points
corgimom 06/12/14 - 08:45 pm
0
5
I don't know, Butterman, I

I don't know, Butterman, I heard years ago that the #1 import to Augusta from the river was illegal drugs, it's probably still true.

athome
92
Points
athome 06/12/14 - 09:42 pm
2
0
Little lamb, It really is no

Little lamb, It really is no longer "navigable" since the locks at New Savannah bluff are no longer operable :(

gargoyle
18677
Points
gargoyle 06/13/14 - 12:33 am
2
1
SSDD A bunch of self serving

SSDD A bunch of self serving agency fiefdoms who's agenda seems to be overstepping their authority for a bigger share of the public coffer without being held accountable for past poor performance rattling sabers . Wonder how much this will cost the taxpayers

flipa1
2222
Points
flipa1 06/16/14 - 12:34 am
0
0
Does MuckenFuss serving on more than one board make this vote an

Does MuckenFuss serving on more than one board make this vote null and void? (It's against the law for anyone to serve on more than one board at a time as per previous Augusta Chronicle articles and county law.) Muckenfuss is listed by the Augusta Chronicle as serving on the Planned Riverfront development BOARD, Augusta Housing BOARD, & The Port Authority BOARD, and is named in an open RCSO criminal investigation. In a recorded statement in a Port authority meeting Muckenfuss says he never had a key to the Marina Office. But when Muckenfuss bought Jack Boones Yacht he also got Jack’s key to the Marina office on the Yacht’s key ring. In an effort to slander the marina operator, Tonya, “the riverkeeper” is suspected of being caught in a lie making a False Police Report about 6 boats missing from the Marina when it was 1 boat missing from the PUBLIC DOCKS, NOT 6 from the Marina docks. BIG DIFFERENCE. Before mobile Marine took over bums lived in the main warehouse and everything was VERY run down. Most of the slips were empty. The city was bleeding red ink and EVERYBODIES taxes were going to have to go up to repair it. After the Stacey family poured time and money into it and got a lot of new boats in, a conspiracy to slander the marina to steal the contract began taking shape. Only the owner of the marina not the manager can do maintenance and repairs. The things that are not fixed by the county CANNOT be fixed by the operator as per the contract. The county owns but will not maintain the marina. The operator can ONLY rent boat slips and storage, but does not own the run down stuff the city leases them. Will the "riverkeeper" force the county to fix up the Marina and how much will it increase your taxes? Will it be less than a $1,000. For each of your properties? The Marina operator was going to completely renovate the Marina’s but a suspected conspiracy by some of the richest most powerful people around stopped that renovation that had already gotten under way. Would you pour all your families money into county property if they never kept their end of the contract, (not even mow the lawn) then said and did mean things to you and your employees? One faithful Marina Operator Security Guard Army Vet was harassed so bad by these suspected conspirators they got him kicked off marina property and cost him his job. After which he tried to commit suicide, but only blew his eye out. Would you continue pouring money into a situation like this? Will any others be fool enough to sink their money into county property after this? Conspiracy to convert county money or property into consideration for the conspirators is a felony and everyone involved in a conspiracy is just as liable for criminal prosecution as the members who actually lied to the police or stole county property.. if you know anything about this the police should know please call the RCSO, Crime Stoppers at 800-222-TIPS, or EMAIL/TEXT your tips to TIPS@AugustaCrimestoppers.org. Where you remain anonymous and keep your business...

Ruff City
26
Points
Ruff City 06/16/14 - 04:38 am
0
0
Why?

AUGUSTA RIVERWALK MARINA JUNE 15, 2014
_________________________________________________________________________________

One 5th Street
Augusta, GA 30901

We the Marina
Picture Marina’s dilemma, put side by side 1776 Declaration, a fundamental document of the land. Why” does the Operator of three Augusta Marinas submit these facts to a candid City?
Consider, American law may be rooted in the operations of Nature’s God;
As is our right and duty to the people, we hereby cry out to our fellow brethren of Richmond County:

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect of opinions of mankind, we declare the causes which impel the separation. To prove this, let Facts be submitted to a Candid World.

Apparently, Marina Operator’s opinion; wrestling the feckless Augusta Port Authority 15 years, each bout a contest of rights, trial, strength and honor, for possession of what was sown by Marina staff and family efforts. This recent struggle, no cause to throw in the towel; we’re still growing! That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, —
Herein facts are rooted from this quasi-public contractor and sown by civil investigation, coupled with life lessons bought incident decades of municipal or Augusta Port Authority contracts. As a man sows, so shall he reap..
He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Fiduciary Powers.
As you sow, so shall you reap… Yea right, some appointed officials have been fired for misdeeds, it does not matter in the grand finale. You see, our municipality restocks appointed positions with out reviewing “why”. Why was that fired appointed official able to facilitate their unlawful use of appointed office to gain illegal leverage by use of fraud over the people? He has refused for a long time, after such dissolutions, to cause others to be appointed, whereby the Powers, incapable of Annihilation, have returned to the People at large for their exercise; the Marina remaining in the mean time exposed to all the dangers of litigation from without, and convulsions within.
Historically, the City Administrator nor the Augusta Port Authority fulfilled its contractual promises. This is but another unequivocal indication they will not perform duties as written in the Marina contracts, and by actions or conduct, seems to be unable to perform the contracts or appears to have breached several Covenants or failed to respond to requests to perform when performance was due.
The history of King Fred of Augusta, Georgia is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over the City Marinas. Experience hath also shown, that to secure these rights, provide new Guards for future security, Queen Bonitatibious or Prince Muckenfuss must not be allowed to assume Throne or establish a convoluted Monarchy, such as King Fred; Dominion over the Marina Operator as Serfs, as it is the Right of the People to alter or abolish.
More of certain Port Authority officials, not all “acting in concert” over the years with usurpations typical the Savannah Riverkeeper. He has combined with others to subject us to a jurisdiction foreign to the Marina Contracts, and unacknowledged by our by-laws; giving his Assent to their Acts of Pretended Legislation:
SRK/Port Authority may have conjured a legal cause of remedy for undue usurpations un-honored covenants, harassment, non-performance or interference of Marina’s ability to perform the contracts.
We have appealed to their Native justice and magnanimity, and we have Conjured them by the ties of our common kindred to disavow these Usurpations, which would inevitably Interrupt our connections and correspondence.

Presently, its going on now, comingling or intermeddling by Savannah Riverkeeper has reaped this situation in which future Marina contract performance may be inevitable or may have given option for Marina Operator to rescind the contracts.
But when a Long Train of Abuses and Usurpations, pursuing invariably the same object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.
The made-up story about “six boats cut loose from Marina” was pervasively provided to the news media to publicly vilify Operator. The unreal account has been invalidated. For transporting us beyond realism to be tried for Pretended Offences:
That didn’t matter either, as information came from someone of “authority” the media published the story as if Marina was presumed guilty until proved innocent. For protecting cronies by mock Trial from punishment of any Miss-Deeds committed on the Operator of the Marina:
No media corrections even after well-known to be untrue, impossible or contrived. For depriving us in many cases, of the benefit of Trial by Jury:
Marina Operator, uncertain of meaning or intention regarding SRK/Port Authority “acting in concert” or other irregularities, is obligated to act accordingly to protect all interests. He has abandon long Marina policy, declaring us out of his Protection and waging War against us.
We the Marina intend substantially not to endure another undue SRK/Port Authority probe of our operations or records. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Whereas, Operator, having given ample notice to SRK/Port Authority to perform in accordance with the Agreements on many occasions and properly reported, requested, and protested contact irregularities, nevertheless, SRK/Port Authority by intent or neglect chronically failed to duly perform its duty or respond to Marina cries for relief. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are Accustomed.

To concur a previous breakdown of some, not every, appointed Augusta official:
“Reform is needed to prevent ongoing discrimination in municipal governments such as Augusta-a municipality like Augusta may award contracts to non-compliant bidders and thus “legally” engage in discriminatory compliance determinations. Public policy strongly supports necessary reform-is needed to ensure that favoritism and discrimination do not continue.” (P C Law Journal • Vol. 42 N. 2 • MUNICIPAL CORRUPTION-AUGUSTA, GEORGIA, NEED REFORM Mullins)
He has erected a multitude of New Offices, and sent hither swarms of City Department Heads to harass our Marina and eat of our sustenance.
Apparently, the nature of the beast germinated back when Richmond County and City of Augusta consolidated governments into one municipality; was by two, now by one.. He has kept among us, in times of peace, usurping authorities without the consent of the people.
Predictable increased tax revenues created conflict among excessive former County suits and the earlier white collar City officials; For quartering large bodies of Bureaucrats among us:
Typical of Government run amuck, the newly formed Municipality retained not only both of the former municipalities’ facilities, “they” also kept most appointed officials and staff members. Was that Dick’s job to maintain that City facility, or is it now Jane’s?! He has interfered our Commissioners to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
The conundrum: two sets of employees one municipality. Waste is a given, however, the idle hands of tenured appointed officials unclear of newly perceived duties grappled over “authority” to manipulate the peoples tax dollars! Which may now have sown fruit of the poisonous tree. He has refused his Assent to Laws, the most wholesome and necessary for the public good.
Ongoing discrimination appears chronic, divergence of written laws and infringement of Marina rights are unreal. For taking away our Rights, besmirch our most valuable Laws, altering fundamentally the Forms of City Government.
Some may have plundered SLOST tax funding “apportioned” for Augusta’s Riverwalk by anointing public officials considered privilege good old boy’s of indignant character eluding procedural norms by irregular minute recordation, clerical or records discrepancies, concealment, destruction and or theft of public documents. He has called together the Port Authority at places unusual, uncomfortable, and distant from the depository of our Public Records, for the sole purpose of fatiguing them into compliance with his measures.
Port Authority, by Prejudice, subjected Marina to irregular contract review manipulatively declaring multiple Marina Operator Agreements “lapsed” and “void” to be “terminated.” He has affected to render law enforcement independent of and superior to the Civil Power.
Discriminatively, SRK/Port Authority has breached its duty by unduly exploited defamation in media by official public participation in false communication, claims of illegitimacy, accusations injurious to vilify individual and business reputations or to drive Marina trade away. For permitting the Lock & Dam to close, cutting off our Trade with all parts of the world:
Discontented by our right to petition government over the years, which have proved claims of “lapsed” “void” “terminated” to be untrue, their actions appear more discrimination by a public official, or to “make it hurt”. He has dissolved established policy repeatedly, for opposing with manly firmness his invasions on the rights of the Marina.

As well reported, Stacy was consequently blamed non-compliant of utility code, environmental law or worse. They refused to obey their own Laws for the accommodation of a more significant Marina, unless those people would relinquish rights or Representation, rights inestimable to them and formidable to tyrants only.
Time and again our presentation of facts to disprove inaccurate information was met with tyranny. For abolishing the free will of the Marina Operator, reestablishing therein an Arbitrary Port Authority, and enlarging its Boundaries so as to render it at once an example and fit Instrument for introducing the same absolute rule and Tyranny into the Marina.
In reality, free from ambiguity of SRK/Port Authority intentions or City Law Department performance; City and Marina Rely on and owe Duty and Obligations to each other! He has endeavored to prevent the Marina; for that purpose obstructing the Laws or Rights; refusing to obey others to encourage Marina commerce hither, and raising the conditions of Miss-Appropriations of Riverfront Lands.
So the people know, Marina has paid SRK/Augusta Port Authority nearly half a million dollars so far on rents, taxes and other “City fees” while Augusta has benefited substantially in many ways from our practice. Fifteen years as steward of Augusta’s mismanaged properties ate up our finances by the millions. We have warned them from Time to Time of attempts by their legislature to extend an Unwarrantable Jurisdiction over us.

Therefore, Marina duly expects SRK/Port Authority to fulfill its obligations and promises as well.
We the Marina hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. —

There has been no legitimate complaint of our operations other than those recklessly spewed by Savannah Riverkeeper “acting in concert” with unqualified appointed public officials, whom if put in the spot light, reflect noncompliance that beams divergence of their own rules and regulations or questionable moral turpitude or unquestionable conflict of interest. He has made City employees dependent on his Will alone for the tenure of their Department Head offices, and the amount and payment of their Salaries.

A pattern of abuse of statutory authority continues by dispatching the City Taxation, Licensing and Revenue to perform a “field inspection” of Marina to impose unwarranted taxes. For imposing Business Property Taxes on us without our Consent:
Examples of irregularities like these brought to light by the SRK/Port Authority review of our Marina Contracts, coupled with our ongoing civil investigation into municipal mismanagement, has exposed literally “100 and something exhibits showing violations of the contracts”. He has constrained our fellow Marina customers taken Captive of the river to bear Obstructionism against the Operator, to become Perplexed of their friends and Brethren, or to be Fooled themselves by their own Miss-Deeds.
Continued irregular actions only bring about a lengthy ever mounting document that when attached to its corresponding evidence or Exhibits, far exceeds the mega byte limit which e mail can be sent.
He is at this time Concealing information by gone astray public / quasi-public electronic documents as was or should have been secured in a Rigid Disk that held a large quantity of documents, data, and programs inside the City’s computer to complete the works of Demise, Desolation, and Tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most Barbarous ages, and totally unworthy the Head of a civilized City.
Therefore, in an effort to keep the people from having to erase some of their own hard drive to make room, lets review what has happened in a series of critique blogs by those in the know over the next couple of weeks: Such has been the patient sufferance of the Marina; and such is now the necessity which constrains them to want to alter their former Systems of Government.
Thursday June 5 2014: was the deadline of 14 days, despite the contract providing 30 days to respond to City notice, and we did. Our Response presented Law Department compelling argument of what we consider Preponderance of the Evidence or burden of proof that satisfies an obligation to produce the evidence to shift conclusion away from default to our own: Only if they play fair! For suspending our Marina Operations, declaring himself invested with power to Legislate for us in all cases whatsoever.
Thursday June 12, 2014 9 a.m. an Emergency Meeting on the matter. Like every other meeting; to Marina Operator’s detriment. Why? …We the Marina attempted to resolve this poor situation with equitable remedies available per common law. Unclear of who the City attorneys actually represent, we suggested an impartial arbitrator to make a recommendation of which we would be happy to oblige. Yet the SRK, in a long train of usurpation of the Port Authority, and now the Marinas, appears to have coerced the authority that what is best for the people; take the matters to court. To question “authority” is human nature, more dutifully; “ why?”…
Legal Remedies are guaranteed a time consuming extremely expensive endeavor upon any plaintiff, right or wrong!
We had hoped that by “Emergency Meeting” perhaps we finally got them to see the light, or, by treachery or debauchery, they scheme to put our lights out? The answer: “out” made known to Marina again by media? They too have been deaf to the voice of Justice and of Consanguinity.

Friday June 13 2014: An unlucky day indeed for the Marinas. We continually request the opportunity to address any complaints, real or imaginary. Except no; “a half-hour closed door session with two (2) city attorneys, the authority unanimously voted to terminate the contract with Mobile Marine, which involves riverfront properties owned by the City, the Port authority and Downtown Development Authority.” Absent press or representation by Marina appears in conflict with an assortment of open government laws. Nevertheless, this vote was not made by a duly established quorum as a Port Authority Member is or was on the Board of two other City authorities, making a total of three (3) City of Augusta Boards, which may establish him a liar by violating Codes 1-4-1(a): making all SRK/Port Authority actions “null and void”.

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