The Braselton news. (Jefferson, Ga) 2006-current, March 19, 2008, Image 1
Serving Braselton, Hoschton, Chateau Elan, Traditions, Mill Creek, West Jackson and Barrow County Gi* £ Member of the Georgia Press Association 250 copy Wednesday, March 19,2008 Vol. 3 No. 48 A publication of MainStreet Newspapers, Inc. BraseltonNews.com Barrow Journal.com 24 pages, 3 sections Inside •WJMS students dis play talent at show page 8B JACKSON COUNTY •Commissioners split on impact fees page 2A HOSCHTON •Murder-arson case hearing set Tuesday page 10A Sports: •Ice Hawks fighting for state title page !B Opinion: • ‘Tax cut smoke and mirrors’ page 4A Public safety: •Braselton police chase suspect to Commerce page 6A •Church events page 6B •Obituaries page5B Defendants claim Hoschton owes them $200,000 Lawsuit centers on sewer pump station BY KERRI TESTEMENT The defendants in a lawsuit with Hoschton claim the city owes them more than $200,000 over the ownership of a sewer pump station in a new subdivision. Hoschton filed a lawsuit against Horizon Communities, LLC, Gary and Olsson Properties, LLC, Ken Gary and Kelley Gary in February in Jackson County Superior Court. The lawsuit centers on a new sewer pump station to handle wastewater from Brook Glen, an 88-lot subdivision located between Broad Street and Jefferson Street. Brook Glen is being developed by Horizon Communities. In its lawsuit, the city contends that Ken and Kelley Gary and their companies claim that they still own the pump station and are respon sible for its maintenance. The city further said in the lawsuit that the defendants claim that the pump station was never dedicated to the city. In a counterclaim filed last week, the defen dants claim that Hoschton owes them at least $200,000 for the sewer pump station. A June 2005 zoning condition on the 29.24-acre property would allow Horizon Communities to recoup its investment in the sewer lines and the Brook Glen pump station, according to the defendants. The Brook Glen pump station was designed to serve several developments, including Wild Flower subdivision, developed by Gary and Olsson Properties; the proposed Oak Brook subdivision on Jefferson Street; and a mixed-use project being developed on Ga. Hwy. 53 known as Creekside Village. The defendants claim that the pump station doesn't have enough capacity to serve other developments. The defendants further claim that Hoschton prevented them from negotiating with the developers of those projects to share the costs of a new sewer pump station. Instead, the city required that the develop ers pay Hoschton for sewer improvements and pump station costs rather than contracting with the defendants, according to the lawsuit. Hoschton later required the developers of Creekside Village to pay $200,000 for sewer system improvements, the lawsuit notes. The defendants are asking the court to order Hoschton to pay the defendants that $200,000 amount, which follows a zoning condition allowing the companies to recoup its costs for the sewer line and pump station. The defendants are further asking that the city pay any funds Hoschton receives from other developers for capacity into the Brook Glen pump station. Hoschton recently approved $55,000 in sales tax funds for a new sewer line to divert waste- water from a problematic pump station on West Jefferson Street to the new Brook Glen facility. Another request from the defendants asks that Hoschton be required to issue building permits and certificates of occupancy for the Brook Glen subdivision. Horizon Communities is also ready and will ing to dedicate the Brook Glen pump station to the city, according to the counterclaim. An inside look at new school A WORK IN PROGRESS The new Gum Springs Elementary School — located next to West Jackson Middle School and Traditions of Braselton — will be the largest elementary school for the Jackson County School System when it opens next school year.The bottom left photo shows the main lobby of the new school. When visitors enter from the vestibule, they’ll see the administrative offices to the right (shown here), the cafeteria to the left and the main staircase to the front. The new gym at Gum Springs Elementary School (bottom, right photo) also includes a stage for school-wide events. Photos by Kerri Testement Construction going well at Gum Springs Elem. BY KERRI TESTEMENT It’s not too hard to imagine students walking the hall ways of the new Gum Springs Elementary School. This week, construction workers are slated to lay tile in those hallways. School administrators are expected to order furniture for the new school. And colorful paint will soon be painted on the elementary school's walls. Construction of the 119,000 square-foot school seems to be going well — thanks in part to drier weather condi tions helping the construction schedule. Gum Springs Elementary School will be the larg est elementary school for the Jackson County School System when it opens next school year on Aug. 7. It will also be the first two-story elementary school for the district. Gum Springs Elementary School — with a capac ity for 875 students — is expected to welcome 705 students when the doors open. The school is located between West Jackson Middle School and Traditions of Braselton, Jackson County’s largest subdivision. See SCHOOL on page 10A CREWS AT WORK Construction workers work on the new adminis trative offices at Gum Springs Elementary. Braselton father, son killed in wrong-way wreck BY KERRI TESTEMENT A Braselton father and son were killed in a head-on collision in Cobb County on Sunday night, according to Marietta police. Rodney James Godfrey, 47, and his son, Eric James Godfrey, 17, were killed when their 1995 Ford Taurus was struck by a 1999 Mercury Villager traveling on the wrong way of the Canton Road Connector, according to police. The driver of the mini-van, Nicasio Rodrigo Vicente-Hernandez, 29, of Kennesaw, was also killed in the incident. Marietta police said Vicente- Hernandez was fleeing another minor traf fic accident when he drove in the wrong direc tion of travel on the road, striking the Taurus. Also injured in the accident were Mary Clare Godfrey, 51, and a 12-year-old son. Mary Godfrey was reportedly slated to See WRECK on page 5A GODFREY Flat tax digest could hurt Barrow school budget BY KRISTI REED The Barrow County Board of Education reviewed preliminary pro jections for the 2009 fiscal year bud get at its meeting Tuesday night. Ken Cato, assistant superinten dent of business services, presented revenue and expenditure estimates for FY09 (July 08-June 09) to the board. Cato told the board that one of his primary concerns is the pos sibility of little or no growth in the Barrow County tax digest due to the economic downturn hitting the nation. At a recent Barrow County Board of Commissioners’ meeting, chief appraiser Cecil Whithead said he didn’t see the county's tax digest going up during 2008. For 2009, Cato told the board that he is currently projecting a five per cent increase in the tax digest, but is concerned that those numbers may be optimistic based on predictions by the Barrow County tax assessor’s office. Last year, the school system bud geted based on a 10 percent growth in the digest. The system expects to See DIGEST on page 5A DA theft case hearings ahead Hearings will be held Tuesday in Banks County Superior Court on charges filed against former Piedmont Judicial Circuit Assistant District Attorney Brett Williams and former DA employ ee Linn Jones. The hearings are set for 10 a.m. Tuesday in Banks County Superior Court. Jones is the wife of former DA Tim Madison, who pled guilty to theft charges and was sentenced two weeks ago to six years in prison and to pay restitution of $40,000. Williams is charged with theft by taking, theft by receiving and violation of oath of office for having allegedly received a double salary, one from the state and one from See DA case on page 3A