Newspaper Page Text
WEDNESDAY, MAY 13, 2009
THE JACKSON HERALD
PAGE 5A
Judge: Hoschton must pay $230,000
Lawsuit centered on sewer pump station
BY KERRI TESTEMENT
A SUPERIOR Court judge
has ruled that Hoschton must
pay a development company
almost $230,000 in a law
suit centering on a new sewer
pump station.
Judge Currie Mingledorff
ruled Friday that the city must
pay Horizon Communities,
LLC $ 191,631 for a new sewer
pump station, and $38,347 in
attorney's fees and costs.
Horizon Communities is
building the Brook Glen sub
division, while another defen
dant in the case — Gary and
Olsson Properties — is build
ing the Wildflower subdivi
sion in Hoschton. Ken Gary
and Kelley Gary, also defen
dants in the case, are prin
ciples of the companies.
The Hoschton City Council
will hold a called meeting on
Wednesday, May 13, at 5:30
p.m. to discuss litigation and
personnel matters during a
closed-door meeting.
Hochton’s problems with
a former sewer pump sta
tion on Jefferson Street dates
back to at least 2004, when
the city determined that it
needed new, larger pump sta
tions on Jefferson Street and
White Street. However, the
city didn't have the money to
build the new pump stations,
according to the lawsuit.
In June 2005, the city
approved Horizon's request to
rezone property for a new sub
division, called Brook Glen.
City officials and company
representatives discussed a
new sewer pump station that
would serve Brook Glen and
several other developments in
the area.
Horizon agreed to build the
new sewer pump station, pro
vided it could recoup a portion
of its investment in building
the sewer improvements by
sharing the costs with other
developers and receiving pay
ment from the city through
future sewer connection fees
and tap fees.
Once the city approved
rezoning plans for Brook
Glen, Horizon began discuss
ing arrangements with devel
opers of other area projects,
according to the lawsuit.
The new Brook Glen Pump
Station (BGPS) is large
enough to serve 445 equiva
lent residential lots.
The BGPS can serve the
Brook Glen subdivision, the
Wildflower subdivision to
be built by Gary and Olsson
Properties, the Oakbrook sub
division to be built by Roy
“Buckshot'' Jones, the new
Creekside Village mixed-use
project on Ga. Hwy. 53 and
the existing Panther Creek
subdivision.
JUDGE’S RULING
Judge Mingledorff ruled
that Hoschton doesn’t have an
impact fee on new develop
ments and can't collect such
fees. He also ruled that the city
should have paid the recoup
amount when $200,000 was
received in January 2008.
Mingledorff also noted
that the BGPS has allowed
Hoschton to open develop
ment in the area of Ga. Hwy.
53. Besides the $285,000 in
sewer tap and connection fees
already paid, the pump station
could also potentially bring
$3 million in future water and
sewer fees to the city.
Abandoning the former
Jefferson Street pump sta
tion also saved the city tens
of thousands of dollars,
Mingledorff wrote. If that
pump station continued to
malfunction and spill sewer
age in the environment, the
city was facing state fines, he
continues.
Mingledorff further wrote
that city planner Harmon's
actions were an “improper
and illegal attempt to modify
zoning conditions."
That conduct — along with
the council's amendment of
the Creekside Village zoning
ordinance in 2009 — “consti
tutes bad faith and stubborn
litigiousness” that autho
rized Mingledorff to rule that
Hoschton pay for Horizon's
attorney's fees and litigation
costs, the judge wrote in his
decision.
Hogan family reunion coming up Sunday
family
THE FAMILIES of the late E. Marion and
Dora Hogan will be having their annual reunion
on Sunday, May 17, in the family life center at
White Plains Baptist Church.
A covered dish lunch will be served imme
diately after the church service. All
members are urged to attend.
White Plains Baptist Church is located
between Braselton and Jefferson on Highway
124.
BJC continued from page 1A
County BOC. “...We have to
restructure this short-term debt.
We feel like this is the best-case
scenario... We need to restruc
ture that loan and we can't do
that... It is more advantageous
to lump this into one long-term
repayment.”
The request is to consolidate
approximately $1.5 million in
debt the two counties are now
paying on hospital bonds with
$2.5 million in short-term debt
and $1.2 million of accounts
payable. The requested amounts
calls for an additional $3.7 mil
lion in support from the two
counties.
Currently, Jackson County
makes the $153,655 annual
payment for hospital bonds. If
the board grants the authority's
request, its payment would go
to $382,395. The duration of the
agreement is for 15 years.
If the Banks County Board
of Commissioners signs on, its
annual payment on the medi
cal center would increase from
the current level of $51,218 to
$127,465.
BOE continued from page 1A
OTHER BUSINESS
In other business, the Jackson County Board of
Education:
•met in a closed-door meeting for about 20
minutes on Thursday night to discuss personnel
and litigation. The board took no action when the
meeting was opened to the public.
•approved the expenditure of up to $185,000
in sales tax funds for instructional technology
upgrades at Maysville Elementary School, South
Jackson Elementary School and the Gordon Street
Center.
•approved the 2009-2010 leadership and special
assignment salary schedule. The schedule was
recently amended to make it easier to understand
with more consistent terminology. The changes
don't include any increase in the supplements.
•discussed the preliminary plans to renovate
and expand North Jackson Elementary School.
The plans include a new administrative area with
new offices, a secure entry, reception, records
storage and clinic. The school's cafeteria will also
be expanded.
•approved the CM at risk proposal submitted
by Bowen and Watson, Inc. for the upcom
ing construction projects at NJES and Jackson
County Comprehensive High School. At JCCHS,
a 9.800 square-foot drama/chorus building and
5,800 square-foot gym will be constructed.
•approved a resolution asking the state board
of education to waive regulations on the state
wide passing score. The Jackson County School
System, like several other school systems in the
state, uses a standards based report card, which
doesn't provide a numerical score. The state
requires that each local school board establish
70 as the minimum passing score in all subjects
for grades 4-12. The state board is expected to
address the waiver request in June and approve
the district's request.
•authorized the distribution of a Request for
Proposal (REP) for a qualified firm to conduct
the district’s Special Purpose Local Option Sales
Tax (SPLOST) performance audit for a five-year
period of time.
•heard about a proposed policy change that
would allow recess time for fourth and fifth grade
students. The BOE is expected to vote on the
proposal in June.
•approved a policy change that would allow the
children of employees of the school system who
live outside the district or attendance zone, whose
positions are eliminated due to a reduction in force,
may keep their children in their current school
until completion of that school, but must provide
transportation.
Roads continued from page 1A
1996 to name the road Sealey
Road.
“We need to wait until HB
489 is resolved and see if the
county has the authority to name
a road in the city,” Kinney said.
“If the findings fall in our direc
tion, we need to go back and
make it official that it is named
Sealey Road.”
Mayor Joiner said: “It is
immaterial to me if it's Sealey
Road or Hopkins Hwy., but the
county does not have the author
ity to name city streets. That is
my whole issue. My whole issue
with the county is not Sealey
Road, but the fact that they took
it on themselves to name one of
our streets. It is immaterial as to
who it is.”
Kinney responded: “We can
go back and do what we said we
were going to do after all of this
is settled.”
Joiner said he is continuing
to discuss the issue of naming
roads with county officials.
“I will not do anything that
will hurt the city of Jefferson,”
he said. “This has got to be recti
fied. This is not just Jefferson. It
is every city in Jackson County.
There are lots of streets and
roads that the county is given
the responsibility of maintain
ing the roads. The previous
administration said since they
are responsible for maintenance,
it gives them the authority to do
whatever they want, including
renaming the roads. That is just
not right.”
UPDATE REQUIRED
The Georgia Department
of Community Affairs (DCA)
recently told Jackson County it
will need to revisit its Service
Delivery Strategy agreement
with its nine municipalities.
The document outlines which
government services are pro
vided by the cities and county
— such as water and sewer ser
vice — without duplication of
services. The agreement is also
known as House Bill 489.
Graduation continued from page 1A
JCCHS will hand out diplomas to 166 gradu
ates. Brandon Smith is the valedictorian and
Allie Elrod is the salutatorian.
Guests who may have special needs for
access to JCCHS's Panther Stadium are asked
to call Joe Lancaster at 706-367-5003 prior the
ceremony.
East Jackson Comprehensive High School
will hold its graduation ceremony on Thursday,
May 21, at 8 p.m., at Eagle Stadium.
In the event of rain, EJCHS will move its
graduation ceremony to the gymnasium. Seniors
will receive their tickets for the indoor ceremony
at graduation practice.
EJCHS will hand out diplomas to 164 gradu
ates.
Erika Deshon is the EJCHS valedictorian,
while Andy Van Deventer is the salutatorian.
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FOR ONLY $5 PER MONTH,
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• The Jackson Herald • The Commerce News
• The Braselton News • The Banks County News
• The Madison County Journal
HI VETERANS OF
IP FOREIGN WARS
Post 4872, Hurricane Shoals Convention Ctr.
Each 4th Tuesdasy, 7:00 p.m.
Lamar Langston, Commander
Phone 706-652-2627 263
JEFFERSON LIONS CLUB
Meets 2nd & 4th Monday
lefferson City Clubhouse
6:30 p.m. *(706) 387-1156
Mack Cates, President
542
A UNITY LODGE
F & A.M.
No. 36, Jefferson, GA
1st Tuesday of each month, 7:30 p.m.
Dwayne Potts • 706-367-4449
Borders St. behind Tabo’s 260
JEFFERSON ROTARY CLUB
Meets Tuesdays
Jefferson City Clubhouse
12:30 p.m.-(706) 367-7696
Gina Mitsdarffer, President
547
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^JAMERICAN LEGION
" Riders Post 215
Meets each 2nd Thursday, 7 p.m.
In Homer, GA at the
American Legion Building on
Historic Highway 441 pd,o2/io
0* Georgia Real Estate Investors
Association, Inc. - Athens
Meets the third Thursday each month
6:30 pm at the UGA Conferen ce Center
1197 South Lumpkin Street,
Athens, GA 30601
Tom Hewlett - Chapter President
thewlettl@charter.net pj 12/09
BANKS COUNTY
HISTORICAL SOCIETY, INC.
meets first Monday each month
7:00 p.m. in the Banks Co. Historial
Courthouse at 105 U.S. Hwy. 441
North in Homer pd,-07/09
St. Catherine Laboure
Catholic Mission
Mass Schedule: Sat. 4:00 p.m.,
Sun. 11:00 a.m., Wed. 12:10 p.m.
Parish Council meetings:
2nd Sunday of the month after 11:00 mass
First Friday Adoration 9 a.m. - 7 p.m.
Website: www.stcatherinelabourega.org
706-335-2622 pd.05/09
JEFFERSON
HI AMERICAN LEGION
Albert Gordon Post 56
Each 3rd Tuesday, 7:30 p.m.
Harvie Lance, Commander
Phone (706) 654-1274 no
BANKS COUNTY
||| AMERICAN LEGION
Post 215
Meets each 3rd Thursday, 7 p.m.
In Homer, GA at the
American Legion Building on
Historic Highway 441 Pd.06/09
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ETCHS TAZZ BAND
Featuring music from jazz, swing and pop eras
Fri., May 15
6:00 p.m. start time
"Tribute to Armed
Services" with medley
MOVIE IN THE PARK
Dreamworks Presents:
"Hotel for Dogs"
Friday, May 29
PG-rated Movie Starts at Dusk
BEACH PARTY
Enjoy DJ music, games and more! Concessions
will be available (popcorn, soda, candy, etc.)
Friday, June 6
6:00 p.m. start time
Events take place in Spencer Park
Downtown Commerce
706-335-2954