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Issue #22.40 :: 10/07/2009 - 10/13/2009
EZ Money

Local HUD Office Questions City’s Use of Empowerment Zone Funds

BY COREY HUTCHINS

Across an already sketchy landscape in regard to city finances, two Columbia City Council members have found themselves in a firefight with a federal agency because of their proximity to nearly $500,000 in federal empowerment zone loans.
 

 
City council member Tameika Devine. File photo

Council members Tameika Isaac Devine and Daniel Rickenmann are both named as having benefited from loans through the city in a report by the local office of the U.S. Department of Housing and Urban Development (HUD) that was recently made public. The concerns were made in a HUD Monitoring Review Report conducted in August and sent to the city on Sept. 15. The report is part of a periodic compliance review that audits how the city spends federal grant money.

One of the federal loans in question was for $280,000 and was acquired in April by Devine’s mother, Veronica Isaac, so she could buy a commercial building on Richland Street. That building now houses her daughter Tameika’s law firm. That loan violated federal requirements, according to HUD.

The HUD report also faulted Rickenmann for benefiting in January 2008 from a $179,000 loan that HUD said was given to a company called CamBry Inc., in order to help buy two Birds on a Wire restaurants partially owned by Rickenmann. CamBry Inc. filed for Chapter 7 bankruptcy in January 2009, according to the report. Rickenmann disputes the date of the loan and other details in the HUD report.
 

 
A monitoring review report by the Department of Housing and Urban Development says a federal loan given to Councilwoman Tameika Isaac’s mother does not meet the department’s guidelines. The loan financed the purchase of this Richland Street building, which houses Devine’s law firm.
Photo by Graeme Fouste

The federal government issued the money in both cases but an entity called the Sumter-Columbia Empowerment Zone ultimately administered those funds through the city. The empowerment zone, or “EZ” as it’s listed in HUD documents, was created in 1999 as a way to create and retain jobs in blighted areas of the city by using money from the federal government.

The program was given more than $25 million and carries a current balance of about $5 million.

Some of that money wasn’t used properly, HUD says, and now they want it back.

Veronica Isaac used the $280,000 loan to relocate an existing law firm from outside the empowerment zone to inside the zone’s boundaries.
However, HUD guidelines specifically prohibit use of empowerment zone funds for relocating a business. The loan also violates the spirit of the federal loan requirements as it relates to creating jobs, according to HUD’s review.

The HUD review states that the Sumter-Columbia Empowerment Zone “must reimburse its Empowerment Zone line of credit in the amount of $280,000 in non-federal funds for the disallowed costs associated with the loan to Veronica Isaac.”

City Council did not have to vote on either of the loans; empowerment zone funds are distributed through the office of City of Columbia Community Development Director Tony Lawton.

“Considering the short life of the CamBry Inc. loan before it defaulted, and the issues that have surfaced regarding the aforementioned loan to Veronica Isaac, we have serious concerns about the [Sumter-Columbia Empowerment Zone’s] underwriting guidelines and internal processes for approving loans under its various loan programs that operate with Empowerment Zone funding,” reads the HUD report.

In other words, getting EZ money for projects that HUD deems ineligible shouldn’t be so, well … easy.

For her part, Councilwoman Devine has said she believes that no wrongdoing has taken place and any controversy surrounding the matter has been “blown out of proportion.”

Earlier this year, Devine had contemplated a run for mayor but decided against it.

Rickenmann appeared blindsided by seeing his name in the report and fired off a Sept. 29 letter to HUD that called the information regarding him “incorrect and misleading.” The review misrepresented facts surrounding a “legitimate business transaction,” he wrote.

The at-large councilman met with HUD officials at their Columbia field office on Oct. 1 and provided them with documents that he says dispute each point in the HUD report.

He also provided copies of checks, closing documents and contracts to Free Times that appear at odds with HUD’s review when it comes to some specifics of the loan in question.

Rickenmann says he is following up on his meeting with HUD by sending a letter that asks them to either respond with documentation supporting their claims in writing or retract the statements they made that were incorrect in the HUD report.

HUD regional spokesman Joe Philips, who is based out of Atlanta, said on Oct. 2 that he was unaware of the meeting.

Though a cover letter accompanying the HUD report is dated Sept. 15, Mayor Bob Coble says he didn’t receive it until Sept. 28.

Columbia Community Development director Tony Lawton says he received the report on Sept. 16 and doesn’t know why the mayor didn’t see it until nearly two weeks later.

City officials remain baffled about how the report became public.

“It’s obvious the media got this information before we received it,” Lawton says. “How that took place I really don’t know.”

HUD spokesman Philips says the city has until Oct. 15 to respond to the report, specifically with regard to the loan obtained by Councilwoman Devine’s mother.

“The one particular concern … was expressed with regards to the $280,000 expenditure.
[The loan] was initially determined to be an illegible expense,” Philips says. “If it’s determined after further review to be an illegible expense then that $280,000 will have to be repaid out of non-federal funding.”

Along with concerns about the specific loans involving Devine and Rickenmann, the report raises additional questions about the city’s administration of the empowerment zone.
Specifically, the report references insufficient implementation plans on several empowerment zone projects and raises concerns about the city’s guidelines for issuing loans.

Coble declined to comment further on the HUD report, saying only that he planned to read all the information available and take up the issue during the next council meeting. 


Let us know what you think: Email news@free-times.com or editor@free-times.com.

 
Comments
Hey-oh, whatcha lookin' at ovah hee-a? Little federal money, huh? Little goose, goose? HUD, uh? Sounds like my favorite episode. You evah watch the Sorpanos? Get outa here. Fuggedaboutit.
Tony SopranoOctober 8th, 2009 01:09pm
Hey Fitz: How does one get his hands on a copy of that report? Is it published somewhere over the net?
LynnOctober 8th, 2009 05:10pm
Apparently Sumter know how to distribute EZ funds better than Columbia does. On the report in question, HUD has no concerns with how the EZ department in Sumter is run. But with Columbia’s EZ department(directed by Tony Lawton), every case in the first half of this year is being questioned by HUD. This is the deal. Tameika and Daniel have a friend in Tony Lawton. He does what they want him to do. -Daniel sold his business to a partnership. That partnership used $179k from the EZ fund, $250k from First Savers Bank, and $13k in cash to purchase Daniel’s business for $442k. That thriving business when bankrupt in just less than a year. The bank looses and the EZ Fund looses. -Tameika’s mother was given a loan for $280k from the EZ fund and a second loan from the Benidict/Allen Development Corp. (also funded by the Feds) for the purchase of a commercial building/house on Richland St. at a sale price of $325k. Tameika’s mother was given a 100% loan and $5000 in closing costs. Tameika has relocated her law firm to that building. Did Daniel and/or Tameika instruct Tony Lawton to make these loans happen? Is Tony Lawton misusing his position to benefit the council that hired him? Did Daniel or Tameika dosclosure their involvement with these transactions? Has this happen in the past but was never exposed? Does Clyburn know about these transactions? The Sumter-Columbia Empowerment Zone is essentially his voting district.
FitzOctober 8th, 2009 11:00am
Hands in the cookie jar?
Soneone's Got TheirOctober 10th, 2009 11:38pm
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