About The Braselton news. (Jefferson, Ga) 2006-current | View Entire Issue (March 26, 2008)
Wednesday, March 26, 2008 The Braselton News Page 5A Hoschton Hall County City settles ownership issue with defendants Commissioners to attend citizens meeting BY KERRI TESTEMENT Hoschton and the developers of a subdivision have settled ownership of a sewer pump station that is the center of a lawsuit — but the parties haven’t agreed on payments tied to the project. On Friday, the Hoschton City Council held a closed-door meeting for 30 minutes to discuss pending or potential litigation. When the meeting was opened to the public, the council autho rized the mayor to execute a con sent order with the defendants of a lawsuit, provided the city has full access to the sewer pump station for the Brook Glen subdivision. The defendants must also agree to the conditions. 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 was tewater 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. The Brook Glen pump station was designed to serve several deve lopments, 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 sta tion doesn’t have enough capacity to serve other developments. In a counterclaim, the defendants claim that Hoschton owes them at least $200,000 for the sewer pump station, citing a zoning condition that allowed them to recoup costs for sewer system improvements. The defendants also said in the court documents that were prepared to dedicate the pump station to the city. The defendants are further asking that the city pay any funds Hoschton receives from other developers for capacity into the Brook Glen pump station. The defendants and the city con tinue to disagree on payments rela ted to the pump station, according to city attorney Thomas Mitchell. YearOne to present Cool Car Festival on April 5 YearOne, Braselton, will present the Cool Car Festival at Stone Mountain Park on Saturday, April 5. In addition to an array of cars from the 1920s to pres ent, this year’s show features motorcycle displays of all models, shapes and sizes including Harleys, Hondas, Yamahas and more. The top 25 entries in both car and bike displays compete for a chance to win cash awards, trophies and prizes. “With an anticipated 500 participating vehicles, car enthusiasts and newbies will revel in the roaring engines of classic cars such as Studebakers and Cadillacs to the high speed rush of Mustangs and Vipers. Grown-ups can reminisce about their youth, while kids enjoy inflatables and get crafty at the kids’ play village,’’ said Jeanine Battle, special events manager for Stone Mountain Park. Cool Car Festival admission is $11 for adults and $5 for ages 3-11. Guests can enter their own cool car or bike for $30. Registration includes two adult admissions to the festival. Regular Stone Mountain Park vehicle entry is $8 cash for a one-day permit or $35 for annual permit. Additional information on the Cool Car Festival, including more details on how to register vehicles for the show, are available at www.coolcarfest.com or by calling 770-498-5690. WILLIAMS — continued from page 1A paid a full-time salary as ADA by the state. The Banks County salary was paid to Williams, who then passed a portion of it on to Madison. Madison put the money into a personal check ing account and used it for a variety of things, including purchasing a $7,000 motorcycle. At Tuesday’s hearing, David McLaughlin of the Georgia Attorney General’s Office spoke on Williams’ role in the case. “If Mr. Williams didn’t know a deception was being perpetuated on Banks County, he surely should have known,’’ he said. Williams’ attorney, Nick Litito, said his client was not working with Madison to steal the funds. “There was no conspiracy between Brett and Madison,” he said. “They were not buddies...Brett Williams was deceived by Mr. Madison.” Williams is no longer working as an attorney, but Litito said he hopes his client can practice law again in the future. This will be up to the Georgia State Bar Association. Williams also offered brief remarks Tuesday and offered an apology to Banks County, to the district attor ney’s office and to his family. He said he had learned an “profound and unforgettable” lesson.” “I am sorry for enabling this arrange ment to occur by following a directive by my head boss, the district attorney,” he said. “.. .1 will never be involved in anything like this again.” During his sentencing, judge Robert Mallis said Williams was a victim. “I am convinced that you were not aware of what Mr. Madison was doing when he set up this arrangement with Banks County,” the judge said. “I genuinely believe that you genuinely believed him. For a large extent, you were a victim too. However, at some point, you should have known. But I can understand being in that posi tion.” The theft scandal surrounding the DA’s office was uncovered by The Jackson Herald newspaper in early 2007. A series of investigative sto ries were published in March 2007 questioning Madison’s handling of DA funds and his role in the Williams financial transactions. Madison subsequently resigned as DA. r HOSCHTON MEDICAL, PC Board Certified - Family Medicine CAQ - Sports Medicine Is now open at Hoschton Towne Center r Specializing In: Labs While You Wait! Cholesterol and ~ Complete Family Care ~ Sports Medicine L Metabolic Panel Checks Get Your Results In 20 Minutes! ^ L Call for appointment! 706-658-2452 115 Towne Center Pkwy., Suite 113, Hoschton, GA 30548 Leslie David, M.D. HOURS: Mon., Tues. & Wed. 9 a.m. - 5p.m. Thurs. 8 a.m. - 6p.m. • Fri. 8 a.m. - 2p.m. J NOW OPEN Rookstand OF NE GA Used Books and Audiobooks Sell & Trade Gently Used Books Thousands Of Books Located near Lenox and Outback, Commerce Crossing Store Hours: M - Th 10 a.m. - 8 p.m. • Fri & Sat 10 a.m. - 9 p.m. Sun 1 p.m. - 5:30 p.m. Comfortable reading room & Free Coffee Unbelievable Low Prices 706-335-BOOK (2665) Owners Ronda & Scott Sailors The Hall County Board of Commissioners will attend the Concerned Citizens of Gainesville and Hall County community forum on Saturday, March 29, from 1-3 p.m. The event will be held at the E.E. Butler Center, located at 1350 Athens Street, Gainesville. OVERLAY — continued from page 1A line. Braselton already has an overlay district on Ga. Hwy. 211 through the town limits in Barrow and Hall coun ties, and a downtown overlay dis trict. Braselton also has a traditional neighborhood development district in downtown. Hoschton has a business overlay district, which centers around the city square and includes a portion of Hwy. 53. Jackson County is modeling its proposed overlay districts in West Jackson on a conceptual overlay dis trict on Hwy. 53 that Braselton is considering within its town limits. Commissioner Yates said officials from Jackson County and the cit ies should work together to protect the citizens of those corridors from undesirable developments. “We don’t know what it’s going to look like,” Yates said. “That’s why we need input from the citizens.” Yates — a former Braselton coun cil member — said he wanted citi zens and homeowners associations along Hwy. 53 and Hwy. 124 to have a say in the proposed overlay districts. Developer Tom Kitchin said if Jackson County and its cities don’t address design standards for the state highways in West Jackson soon, the area could become another Hamilton Mill. Kitchin has developed the Mulberry Walk Shopping Center on Hwy. 211, Hometown Walk on Hwy. 53 and Traditions Walk on Hwy. 124. “It’ll be a headache, but in the long run, it’ll be a benefit to everyone,” Kitchin said of the potential overlay districts. Braselton mayor Pat Graham said she favored mixed-use projects, multi-level retail buildings and more office space along the state high ways. She also wants deep develop ment setbacks, should the highways be widened. Hoschton mayor Bill Copenhaver said he preferred more greenspace and pedestrian-friendly paths along the state highways. Some of the issues that the pro posed overlay districts will have to address are specific standards for lots, signs, parking, architectural design, lighting and landscaping buf fers. Frank Etheridge, planning director for Jackson County, said he expects at least three work sessions to devel op the overlay districts. The Jackson County Planning Commission and board of commissioners will also have to consider the plans, he added. HOSPITAL — continued from page 1A during the CON process to “new beds.” “We’re not appealing the beds, but the process,” Easterly said, while adding that the CON process wasn’t properly followed for the proposed Braselton hospital. Barrow Regional believes that there are plenty of patients in the Braselton area that can be served by both medical centers, Easterly said. “This whole area is growing so much,” she said on Tuesday. “It’s not like there’s not going to be enough patients.” And like Northeast Georgia, Barrow Regional will expand its facilities someday. Easterly said. Chad Bolton, director of planning for Northeast Georgia Health System, said on Friday that Barrow Regional’s appeal isn’t impacting construction of the Braselton hospital. Instead, the opening of the hospital has been tied to another timeline — the re-alignment and widen ing of Thompson Mill Road (S.R. 347). The Georgia Department of Transportation is expected to complete the project in 2011-2012. “We plan on starting (construction) as soon as we’re free and clear on the CON issue,” Bolton said on Friday, before Barrow Regional filed its lawsuit. “We’re waiting for all of this to be finished and then we can start. But we can certainly keep on our original timeline.” In September 2007, Northeast Georgia started con struction of its first building on the 119-acre Braselton medical complex called River Place. Medical Plaza I is a 105,000 square foot facility that will include medical offices, imaging services and an urgent care center. The building, which is slated to be completed in the fall, will also include the new location for the Braselton Clinic. an all hazards NO A A* radio FREE when you open a new interest checking account/* It is a time of uncertainty in both the weather and the banking worlds. Hamilton State Bank understands that. That's why we are offering a weather and hazard radio that broadcasts alerts from the National Weather Service. Just open an interest checking account** with an opening balance of $1,000 or more and you can receive this radio. And when you open any new checking account you get free online banking, free bill pay, free debit card,*** and free checks when you bring in your old ones to be discarded.**** So hurry in and bank with us. We will make sure your money is safe and, while the radios last, we'll make sure you're safe as well. ^HAMILTON State Bank 1907 Highway 211 • Hoschton, GA 30548 • 770-868-2660 854 Washington Street • Gainesville, GA 30501 • 678-343-2300 Robson Crossing Shopping Center • Oakwood, GA • 678-866-0500 1596 Washington Street • Jefferson, GA 30549 • 706-367-1860 3528 Highway 53 • Hoschton, GA 30548 • 706-824-0106 2463 Hamilton Mill Parkway, Suite 200 • Dacula, GA 30019 • 678-730-5001 www.hamiltonstatebank.com t=r * National Oceanic ami Atmospheric Administration. * * Interest checking account requires a S1.000 balance to open. Interest checking monthly maintenance fee waived if $ 1.000 daily or $2,500 average Member FDtC. balance is maintained per statement cycle. Interest paitl varies. Fees may reduce earnings on the account. Call 770-868-2660 for current rates. Accounts olTered subject to approval. ***Debil card subject to approval. ****Free standard check order when old checks are returned within 30 days of account opening.
