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BARROW JOURNAL
WEDNESDAY, JANUARY 7, 2009
County water suit wages on
BY MARK BEARDSLEY
Jackson County is settling
in for the long haul in its law
suit against the Upper Oconee
Basin Water Authority over
water allocation at the Bear
Creek Reservoir.
In recent developments,
the county sent a letter to
the area program manager of
the Environmental Protection
Division explaining its rea
soning in filing suit and
responded to Barrow County
hyperbole by suggesting that
Barrow County should con
sult its attorney before threat
ening to counter-sue.
At issue is just how much
water the reservoir can pro
vide during times of drought.
The official line, according
to an analysis commissioned
early in the reservoir's history
by its four-county owners is
58 million gallons per day
(mgd). Each member's alloca
tion is based on that figure.
But Jackson's consultant —
considered among the state’s
best at such matters — says the
real figure is 24 mgd. If that is
accurate, then each county’s
daily allocation would be cut
by nearly 60 percent. This has
huge ramifications for Athens-
Clarke, because during times
when it takes water from the
lake, its usage has been much
greater than its entitlement
share. Jackson's view is that
Athens-Clarke has been using
its (Jackson's) water without
paying for it.
Jackson County’s let
ter to Kevin Farrell of the
EPD was an information-
only document. Its letter to
Doug Garrison, chairman of
the Barrow County Board of
Commissioners was a coun
ter-response to Garrison's
blustery letter threatening to
sue Jackson County if Jackson
County prevailed in its lawsuit
with the authority.
Garrison made the interest
ing case in an Oct. 17 letter
that if Jackson County proved
the Bear Creek Reservoir's
yield was actually lower than
expected, Barrow County
would find Jackson liable for
revenue lost because Barrow
would not have as much water
to sell as it figured.
“If Jackson County achieves
its goals of drastically dimin
ishing the approved yield,
Barrow County can not meet
its contractual obligations,’' he
fumed. “An analysis of lost
revenue over the course of the
remainder of the (intergovern
mental agreement’s) term and
based upon the current obli
gations with a minimal two
percent annual inflationary
adjustment, Barrow County
stands to lose $211,046,043
based upon Jackson County's
egregious actions.”
Responding two months
later, Jackson County's attor
ney, former Georgia attorney
general Mike Bowers, com
mented, “As for your threats
to file a lawsuit to seek dam
ages against Jackson County
in the event that it prevails in
this litigation, that is a mat
ter for Barrow County and
its legal counsel to decide. In
any event, I am not aware of
any cause of action that would
allow you to sue Jackson
County. I am not aware of
how Jackson County would
be liable if a court ruled, based
on Georgia law and the provi
sions of the intergovernmen
tal agreement, that (the basin
authority) is required to re
calculate the established yield
or how any allegedly nega
tive impact on Barrow County
could be legally attributed to
Jackson County.”
England forecasts 2009 session
BY CHRIS BRIDGES
As the 2009 state legis
lative session approaches,
Rep. Terry England foresees
several issues being up for
discussion including school
issues, transportation, trauma
care and taxes.
“The budget numbers are
still looking pretty bad and
looking like about the $2.5
billion we thought at the end
of the year," England told the
Barrow Journal this week.
“We had several agencies that
turned money back in from
last year as a result of bud
get cutting measures in the
house. It looks like that will
be just over $200 million.”
England, who ran unop
posed for re-election dur
ing 2008, said Monday the
Homeowner Tax Relief
Grants still look safe at this
time, but noted “that can
change at the drop of a hat as
ENGLAND
we go back in session.”
“I also think the property
tax caps that are being pro
posed stand a change in some
form or another,” he said.
“What they finally look like
— the jury is still out.”
The representative also said
he wants to see about giving
local school systems more
wiggle room on class sizes.
Illegal immigration contin
ues to be a hot button topic
with many lawmakers and
citizens alike and England
wants counties not enforcing
the current law to be held
accountable.
“We will look at withhold
ing block grants from them,”
he told the Barrow County
Republican Party during its
most recent meeting.
England was involved in a
publicized battle with state
Speaker of the House Glenn
Richardson last fall, but noted
the two have now “cleared
the air."
“I am looking forward to
working with him during this
session,” England said. “He
has made a commitment that
he will try his best to control
his temper and try harder as
he relates to his relationship
with the Governor and Lt.
Governor and I take him at
his word."
Judges return home after surgery, recovering
Superior Court judges
David Motes and Joe Booth
are both home after under
going surgery at an Athens
hospital.
Motes’ surgery was con
nected to a bone infection.
A cyst was removed during
the surgery and he returned
home the next day.
Booth went to the hospital
with flu-like symptoms. The
problem was later found to
be related to his colon and
he had emergency surgery.
The court calendar will not
be impacted by the illnesses
of the judges.
Senior court judges will
fill in while Motes and Booth
are out.
‘Bring One For The Chipper' ends Saturday
The City of Auburn’s annual “Bring one for
the Chipper” program will continue through
Saturday, Jan. 10.
The location is on Sixth Street behind Auburn
Elementary School. Signs will be posted indi
cating where to drop off trees.
The trees will be chipped into mulch for
anyone to take.
The first tree chipping event in Auburn was
held during Dec. 2007-Jan. 2008.
MINGLEDORFF SWORN IN
New Piedmont Judicial Circuit Court Judge Currie Mingledorff was recently sworn
into his position by Georgia Chief Justice Leah Sears. Mingledorff replaced the
retiring Judge Bob Adamson. Mingledorff lives in Winder. He is a graduate of the
University of Georgia Law School and has practiced law in Winder since 1987.
Deadline for hospital appeal approaching
BY KERRI TESTEMENT
With a week remaining
before a deadline, Northeast
Georgia Health System is still
planning to appeal a judge’s
decision regarding its pro
posed hospital in Braselton.
Northeast Georgia Health
System has until next
Wednesday, Jan. 14, to file
a request with the Georgia
Court of Appeals for a hear
ing.
The Gainesville-based
health system says it plans
to appeal a Dec. 15 decision
by Superior Court judge Bob
Adamson that favored Barrow
Regional Medical Center's
challenge to the Braselton
hospital.
Barrow Regional is chal
lenging the state’s granting of
a Certificate of Need (CON)
to Northeast Georgia for a new
100-bed hospital in Braselton
on Thompson Mill Road, near
Chateau Elan.
The Winder hospital claims
in court documents that open
ing a new hospital in Braselton
— 11 miles from Barrow
Regional — would have a
major economic impact on the
56-bed facility.
Barrow Regional Medical
Center officials are also
objecting to the state depart
ment's approval of the
Braselton facility without an
adequate review.
The Winder hospital filed
an objection to the Braselton
facility during the CON pro
cess in 2007, but a hearing
officer and the State Health
Planning Review Board
favored the approval of
Northeast Georgia’s CON
application.
Barrow Regional took its
last legal avenue in March
2008, when it filed a request
for judicial review.
Northeast Georgia opened
its first building of the pro
posed Braselton medical cam
pus — Medical Plaza 1 at
River Place — in September
2008.
Hours continued from 1A
•Local Option sales tax
collections that are used
for operating expenses are
expected to fall $1.7 million
short of the budget.
•Special Purpose Local
Sales Tax collections to pay
for capital expenses were
down 24% in December.
•Building permit revenues
will be about $392,000 below
budget.
•Interest income will be
about $250,000 below bud
get.
•Delinquent property tax
collections as of Jan. 5 were
$1.9 million.
•Solid waste tipping fees
will be about $350,000 below
budget.
•Other revenue losses are
expected to amount to more
than $600,000, the chairman
said.
Yearwood told the employ
ees that the 9.8 percent cuts
he is asking everyone to take
would pay the salaries of 50
current employees.
“It’s up to you now,” he
said. “I hope you will work
with us.”
BOE continued from 1A
BOE members have been told that in addi
tion to work on the facility’s roof, landscap
ing work is needed to keep water from com
ing into the facility when it rains. Fiberglass
also needs to be removed from the showers
and replaced. Tile in the front lobby and
blocks on the structure’s foundation have s
also cracked.
“I am waiting in instruction from the
board,” Grant said. “They are some questions
about invoices. I’ve asked the high school
to weed what has been paid. I am unsure
what the booster club has paid. The architect
said he was paid in full by the booster club.
Winder-Barrow High School has paid $2,300
for the project.”
News of needed repairs to the facility came
to light in November and came as a surprise
to most BOE members.
The project was done at a cost of $600,000
from SPLOST funds, which are to be repaid
back over time from the W. Clair Harris
Foundation, which funds projects of this
nature. School system financial director Ken
Cato said in November two payments ol
$85,000 have been received to reimburse the
school system for the project.
Stevens asked if an update could be pro
vided by the next BOE meeting and Grant
said that would be possible.
In other business at Tuesday night’s 40-min
ute meeting, the BOE:
•re-elected Bill Bramlett chairman and
Rickey Bailey vice-chairman for 2009. The
nominations were approved unanimously and
passed without discussion.
Van service for vets offered
The Disabled American
Veterans is offering a free van
service for those who need to
visit a VA clinic in Athens or
Augusta.
Vans are available to trans
port veterans from Jefferson
and the surrounding coun
ties to Athens every Tuesday.
Transportation is also avail
able to the VA medical center
in Augusta.
Caregivers may also ride
with their loved ones. A per
mission form must be com
pleted by calling Sinclair
Jackson at the VA clinic in
Athens at 706-227-4634.
The DAV is also seeking
volunteer drivers, who don't
have to be veterans. Drivers
Read
then
recycle
must complete a free physical
exam and background check.
DAV Chapter 92 serves 13
counties in Northeast Georgia,
including Jackson, Barrow,
Banks and Madison counties.
For more information,
800-836-5561, ext. 1-5541 or
706-733-0188, ext. 1-5541.
LEAVES
COVERING
YOUR
YARD?
• Now offering leaf removal
starting at $65.
• Removal off property by
machine into truck so
excess is totally off your
property.
• Ask how to receive a
Wal-Mart gift card.
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