Newspaper Page Text
WEDNESDAY, JANUARY 7, 2009
THE JACKSON HERALD
PAGE 3A
Water war: County in for the long haul
By Mark Beardsley
JACKSON COUNTY is settling in for
the long haul in its lawsuit 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 reasoning in filing suit and
responded to Barrow County hyperbole
by suggesting that Barrow County should
consult its attorney before threatening to
counter-sue.
At issue is just how much water the res
ervoir can provide during times of drought.
The official line, according to an analysis
commissioned early in the reservoir's his
tory by its four-county owners is 58 million
gallons per day (mgd). Each member's
allocation 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 alloca
tion 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.
“In any event,
I am not aware
of any cause
of action that
would allow you
to sue Jackson
County. ”
— County attorney Mike Bowers
in response to Barrow County
Jackson's view is that Athens-Clarke has
been using its (Jackson's) water without
paying for it.
Jackson County's letter 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 counter-response to
Garrison's blustery letter threatening to sue
Jackson County if Jackson County pre
vailed in its lawsuit with the authority.
Garrison made the interesting case in an
Oct. 17 letter that if Jackson County proved
the Bear Creek Reservoir's yield was actu
ally 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 diminishing 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 (intergovernmental agreement’s) term
and based upon the current obligations
with a minimal two percent annual infla
tionary adjustment, Barrow County stands
to lose $211,046,043 based upon Jackson
County's egregious actions.”
Responding two months later, Jackson
County's attorney, former Georgia attorney
general Mike Bowers, commented, “As
for your threats to file a lawsuit to seek
damages against Jackson County in the
event that it prevails in this litigation, that
is a matter 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 provisions of the intergovern
mental agreement, that (the basin authority)
is required to re-calculate the established
yield or how any allegedly negative impact
on Barrow County could be legally attrib
uted to Jackson County.”
Maysville area bridge closed due to flooding
BOC continued from 1A
BY KERRI TESTEMENT
A LOW-LYING bridge
near Maysville was closed on
Tuesday, due to heavy rain.
Dixon Bridge Road was
closed around lunchtime on
Tuesday and is expected to
By Justin Poole
A $1.3 MILLION budget
was approved by the Maysville
City Council in its first meeting
of the year on Monday night.
The council unanimously
approved the nearly $1,354,000
budget that includes $692,000
for water, sewer and garbage.
The council also approved
each county’s millage rates
without changes. On the Banks
County side, the rate is .810
mills while the Jackson County
side is 1.764 mills.
Following the adoption
of the new budget, the coun
cil approved the deadline date
for 2008 city taxes. Residents
have until April 10 to pay then-
taxes.
Also on Monday night, the
council heard updates about the
ongoing streetscape project and
open late Wednesday after
noon after an inspection,
said Jackson County emer
gency services director Steve
Nichols.
As of Wednesday morning,
there were no other reports of
ground water exploration.
William Shealy, assistant
project manager of landscape
architecture for the Jaegar
Company, updated the prog
ress on the streetscape project.
Shealy informed the council
that there is potential to work
with the railroad for city use
inside of the railroad right-of-
way, but in the interest of mov
ing forward at this time it would
be advisable to work around
the park. The plans have been
submitted to the state DOT and
Shealy hopes to hear back by
next month.
Since the fall meeting with the
council, Shealy said that a lot of
progress has been made and
he is waiting on the GDOT to
signoff and is looking to move
ahead. If all goes accordingly,
the spring could start the bid
flooding in Jackson County,
he said.
“We lucked out last night,
we didn't get any heavy
rains,” Nichols said on
Wednesday morning. “If we
got another heavy rain, we’d
ding process of the first phase
of the streetscape project.
Following with updates on
projects, Chip McGaughey of
EMI, delivered a report from
A&S Environmental Services
on the city's ground water
exploration. The report outlines
where several favorable sites
are on a three tier bases.
According to the report,
yields of wells in the city have
up to 80 gallons per minute at
depths from 145 feet to 500
feet. Recommendations based
on the report include six-inch
test wells constructed on the
favorable sites to test water
samples at 600 feet down.
Geological formations and
the positioning of the city
between tributaries could limit
the effectiveness of some wells
according to the report.
probably have a mess.”
Rainfall in Jackson County
on Tuesday ranged from 1.35
inches near Nicholson to .80
in Braselton, according to the
Community Collaborative
Rain, Hail and Snow Network.
on projects
OTHER BUSINESS
During Monday’s meeting,
the city council:
•approved the reappointment
of Clarence Sullens as city
police chief, Gary Freeman as
city attorney, and G. Hammond
Law, HI as city judge.
•approved a work session
for Jan. 8 at 6 p.m. to discuss
concerns city attorney Freeman
has on the council’s understand
ing of zoning laws, the detail
on alcohol in the town and the
emergency management plan
with Jackson County.
•looked at a list of interest
ed residents in participating in
the Downtown Development
Authority. The council hopes
to restart the DDA without any
legal holdups this time over the
vague requirements of its mem
bers.
of commissioner Bruce Yates as
vice-chairman. Yates will per
form the duties and exercise the
authority of the chairman is his
absence.
•appointed Don Lohmeier
to another one-year term on
the Jackson County Airport
Authority. Lohmeier's previous
term expired on Dec. 31, 2008,
and he had expressed his inter
est in being re-appointed to this
board, Smith said.
•re-appointed Keith
Zimmerman to the Jackson
County Board of Health for
another five-year term.
•unanimously approved Shade
Storey to fill the unexpired
term of BOC chairman Hunter
Bicknell on the Jackson County
Water and Sewerage Authority.
The term will expired on June
30,2010.
•re-appointed Priscilla Daves
to another two-year term on
the Natural Historic Resources
Advisory Council.
•re-appointed Lucille Law
to another two-year term on
the Northeast Georgia Aging
Services Advisory Council.
•unanimously approved BOC
chairman Bicknell for a two-year
term, to replace Pat Bell, on the
Northeast Georgia Solid Waste
Management Authority. Bell’s
term expired Dec. 31,2008.
•re-appointed John Derochers
to another one-year term on
the Jackson County Parks
and Recreation Advisory
Committee.
plan as part of a resolution.
The second reading and a vote
on the resolution are expected at
the council’s next meeting.
The council also had the first
reading of a resolution to make
changes to the city’s charter.
The new 28-page charter will
provide for the incorporation,
boundaries, power of the city,
election terms, as well as ordi
nances and procedures. It also
specifically delineates powers
between the mayor and the city
council, and who has what pow
ers.
According to city attorney
Rob Russell, the council felt the
charter needed to be redone, and
the decision was made to do a
new charter rather than a series
•did not approve the nomina
tion by commissioner Smith of
Don Segraves to the Jackson
County Industrial Development
Authority. The nomination was
to fill the unexpired term of Chas
Hardy. The term will expire on
Dec. 31,2010. No one seconded
Smith's motion. Bicknell said
the term will remain vacant.
•authorized the chairman to
execute an agreement with the
City of Commerce for a pris
on work detail to maintain city
property in exchange for pay
ment. The city will provide all
equipment, including the use of
a vehicle. This is a continuation
of the agreement for services
rendered during FY08.
•approved the revised Local
Emergency Operations Plan for
Jackson County and its munici
palities. It is a requirement that
this plan be updated every two
years and reviewed for com
pleteness.
•authorized a lease agree
ment with Cheryl Glenn for a
six-month lease in the amount
of $900 per month for property
located at 318 Mulberry Street
in Nicholson to house Medical
Unit #4.
•recognized four members of
the Leadership Jackson County
Class of 2009 in attendance at
the meeting.
The next BOC meeting will
be at 6 p.m. on Monday, Jan. 19,
in the jury assembly room at the
Jackson County courthouse.
of changes to the existing one.
One big change to the charter
is the term limits for council
members by staggering terms.
Under the new charter, in the
next election only, the two mem
bers getting the most votes will
serve for two years, while the
other two will serve for four
years. That will set up a stag
gered election for two mem
bers every two years, with each
member serving four years after
the initial election cycle.
The council will hold the sec
ond reading and a vote on the
new charter at their next meet
ing. It will then be sent for a
vote by the state legislature.
No votes were taken at
Monday night’s meeting.
Maysville approves 2009 budget, moves
Nicholson continued from 1A
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