CMYK Thursday, February 19, 2015
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Jackson Co. suit against authority over By LEANNE AKIN
lakin@clickthepaper.com
The Upper Oconee Basin Water Authority (UOBWA) has prevailed in litigation with Jackson County over the management of the Bear Creek Reservoir as the Supreme Court of Georgia declined to hear Jackson County’s appeal of earlier rulings. The Upper Oconee Basin Water Authority provides water to the citizens of the counties of Athens-Clarke, Barrow, Jackson and Oconee. The Court of Appeals of Georgia declined last December to hear Jackson County’s appeal of a Piedmont Judicial Circuit judge’s ruling. Judge Joseph Booth had ruled against Jackson County’s attempt to force a recalculation of the established yield of the Bear Creek Reservoir. The lawsuit has been ongoing since 2008. “We are pleased that this lawsuit is finally over and that the courts hearing this case
Supreme Court of Georgia declines to hear appeal in case against Upper Oconee Water Basin Authority on yield of shared reservoir have all validated the UOBWA’s position,” said Melvin Davis, chairman of the UOBWA and the Oconee County Board of Commissioners. “The UOBWA looks forward to working together with Jackson County and the other member counties as we provide water to the citizens of our four counties.” The UOBWA’s success in the lawsuit has an added benefit for Barrow County, Oconee County and Jackson County as those counties have the opportunity to refinance some of the bonds issued to fund the construction of the Bear Creek Reservoir project. The existence of the lawsuit had been a roadblock to proceeding with the bond transaction, which is currently estimated to
achieve $4 million in savings for the taxpayers of the three counties. “I am thrilled that we can now proceed with saving money for the taxpayers,” said Chairman Davis. At the authority’s meeting in late January, the board decided to authorize measures to allow the refinancing to get under way should the lawsuit be resolved. Jackson County’s legal counsel, which included Michael Bowers and Jim Hollis of Balch & Bingham, had attempted to show the authority had breached its intergovernmental agreement entered into on July 22, 1996 with its refusal to recalculate the established yield of the reservoir after the drought.
It is projected by the authority that the reservoir can produce 58 million gallons per day (mgd). A study by the consutling firm Gurnsey was used by Jackson County to show that the actual yield would be 24 mgd so the lawsuit was seeking to challenge the withdrawal volumes by Athens-Clarke during drought. On Tuesday, Bowers confirmed Monday’s court order denying certiorari, meaning Georgia’s high court would not review the previous rulings. “The case is over,” said Bowers. “As their (Jackson County’s) lawyer, I think they were right but Judge Booth, the Court of Appeals and the Supreme Court said otherwise and that’s unfortunate. That’s the ruling and we’ll live with it.” Bowers declined to comment on the bond refinancing or further on the lawsuit. UP NEXT: More on the refinancing and the financial benefits on the horizon for participants in the reservoir project.
Commerce EMS station will proceed
I SEE ICICLES
County property on South Elm Street will be site of new structure By LEANNE AKIN
lakin@clickthepaper.com
LeAnne Akin The Paper
These youngsters were in the backyard of their Traditions of Braselton subdivision home on Tuesday exploring the impacts of the overnight ice storm which posed challenges for emergency responders, utility linemen and families without power. The winter weather closed most schools. The icicles were pretty but they were also hazardous –bringing down tree limbs, power lines and poles.
Winter weather blankets area in ice Impacts still being felt with potential for more by week’s end
From staff reports
The cleanup was under way Tuesday from a North Georgia ice storm that began Monday as a mild threat but evolved into a tree-snapping, power-sapping, road-blocking mess. A thick coating of ice on trees and power lines left tens of thousands in the area without power and sent trees and limbs crashing into roadways, homes and yards. Jackson Electrical Membership Corporation (EMC), which at its peak reported more than 76,000 without power, calls the storm “one of the worst ice storms in Jackson EMC’s history.” Between 7 a.m. and 10 p.m. on Tuesday, Jackson EMC personnel, with an additional 350 workers from across the Southeast working alongside them, restored power to 33,240 customers. Jackson EMC estimated the vast majority of remaining outages would be repaired by late Wednesday; however, winds gusting to 20 mph could pose problems with temperatures predicted to only reach 22 degrees on Thursday when lows could drop into the teens. Braselton Town Hall was among the Jackson EMC customers without power off and on Monday evening and into the morning hours Tuesday so the town hall did not open on Tuesday. Workers were out, however, according to Town Manager Jennifer Dees, dealing with weather impacts on the town’s water and wastewater operations. Braselton Police were also assisting during the storm. Also without power Tuesday was Hoschton City Hall which is served by Georgia Power. The company’s representative Holly Crawford said Tuesday night
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the company had more than 100,000 customers in the dark in the region during the peak of the storm, but Crawford said the company hoped to have 95 percent back online by Wednesday afternoon. Jackson County Schools planned for a regular schedule for Wednesday with power to all schools restored on Tuesday and bus routes were being carefully monitored by the transportation department. Those who remain without power are being excused if absent or tardy because of the extreme weather challenges. Also the Barrow County School System was also excusing lateness or absence but planned to be back in class on Wednesday. Hall County Schools and City of Gainsille schools were closed Wednesday but Gwinnett County was back in session. West Jackson Fire Department responded to 22 incidents – ranging from a reported structure fire to trees down – between 8:50 p.m. Monday and 6 p.m. Tuesday. “A big thank you to our volunteer firefighters and off-duty staff for helping to provide service during this weather event,” said the department’s Facebook page. Jackson County Emergency Management Agency director Steve Nichols provided a snapshot of the occurrences in JackFor The Paper
Jackson EMC linemen in Hall County work Tuesday to repair power lines damaged by iceladen trees. See more weather scenes at ClickThePaper.com
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Volume 9, Number 16 Health Obituaries Puzzles Schools Sports
son County. There were a total of 950 calls to the 911 Center on Feb. 16 and 885 on Tuesday, according to Nichols’ 6 p.m. update which also logged 130 fire department calls and 40 EMS calls including 57 lines downs and 252 trees down. Jackson County Sheriff Janis Mangum had high praise for 911 dispatchers, EMC personnel, law enforcement, fire and rescue personnel as well as other government workers who helped clear fallen trees and limbs from roadways. She also asked for prays for busy fast food workers. “The storm put a whipping on us,” she said. Nichols also reported Jackson County EMA, in cooperation with the City of Commerce, requested that the American Red Cross open a warming and living shelter in Commerce for Tuesday night and early Wednesday because of continued power outages and below freezing temperatures. The shelter was open to anyone who needed get warm for needed a place to stay for the night.
The long-awaited new Commerce EMS station will be constructed sooner rather than later as the Jackson County Board of Commissioners Monday voted to approve the $514,264 negotiated bid from Keith Hayes Construction. The construction, on South Elm Street in Commerce, will be funded from Special Purpose Local Option Sales Tax (SPLOST) V collections. The motion was made by District 2 Commissioner Chas Hardy and seconded by District 4 Commissioner Dwain Smith, with Hardy calling for the vote as Commissioner Tom Crow continued to lobby for another – yet undetermined – site location for the new EMS facility. A Jan. 19 memo to commissioners from County Manager Kevin Poe indicated negotiations with the low bidder began after the $653,514 bid exceeded the $600,000 budget Poe had hoped for. Meeting with the architect and Keith Hayes about changes in the design which could drop construction costs netted a revised bid price of $514,264. With Jackson County’s road department performing much of the site work, the county could save $52,500. Other deducts included a pre-engineered metal building for the exterior for a $46,587 savings plus another $25,100 savings realized by eliminating three sides of bricks by going with pre-finished metal building trim panel and trim. The remainder of the $600,000 budget would be accounted for in architect fees, landscaping, furnishings, site work including engineering and contingency. The building is similar to the West Jackson EMS station for which the county paid $624,982 from SPLOST dollars. Chairman Crow, who said he was pleased with the negotiated bid price, drew attention to a county map showing 5-mile circles representing the service areas for the current stations of West Jackson, South Jackson, Jefferson and Nicholson as well as the proposed sites for the new Commerce EMS station and a future Plainview station which is slated to be the next constructed. Crow said placing the Commerce EMS structure on county-owned property in front of the Lanier Tech campus in Commerce would leave some Maysville area citizens outside the 5-mile radius while putting some Commerce area residents triple-covered by the Commerce, Jefferson and Nicholson EMS circles. Crow maintained that the commission should make a more ethical decision and place the new station a little further north so that the gap could be eliminated as the site should serve the area for 20 to 30 years. Crow suggested that he unaware of any board authorization of the site for which the bids were solicited. “I was not aware anything else had been done and I didn’t see anywhere in the minutes that we had approved this site,” said Crow. Commissioner Hardy said the 5-mile radius is only a guideline.
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