Written 8/18/2007
Guessing When BOC Will Act On Rocky Branch
It’s a guessing game as to whether the proposed expansion of Rocky Branch sewage treatment plant will be on the Board of Commissioners’ agenda on August 28.
Utility Department Director Chris Thomas is quoted in the August 16 issue of The Oconee Enterprise saying that the BOC will vote on that night on the issue.
BOC Chairman Melvin Davis, in an e-mail message sent to me this morning, said: “At this point in time I do not plan for this topic to be on the agenda for the 8 28 07 meeting.”
The County has not yet posted the draft agenda for the meeting.
Davis’ clearly would like to minimize citizen comment on the decision, and his record of providing details about what he plans to ask the Board to do on the issue isn’t very good.
On July 27, in response to a letter I sent him, Davis sent me an e-mail saying the “Utility Department will provide an update on this possible upgrade of the LAS site, to the Board of Commissioners at the Agenda setting meeting next Tuesday evening, the 31st of July.”
The draft of the Agenda for the Board of Commissioners posted before the August 7, however, indicated that the Board would "Consider approval of the LAS Design Proposal and Sewer Policy Clarification."
I objected in an e-mail I sent to Davis and the other Commissioners on August 5 on the grounds that citizens had not had a chance to review the bids, which had been opened only on July 31.
Davis wrote back the next day, saying:
“The item on the agenda for 8/7/07 does indicate action on the design for the facility. However, staff has indicated that with an RFP (Request for Proposals), negotiations may take place with the recommended vendor in order to clarify tasks, costs, etc. This will allow the Board of Commissioners and the public to have complete knowledge of the scope of the Proposal. At this point staff has not met with the vendor to qualify and clarify expectations. I expect staff to recommend to the BOC that negotiations take place and return to the BOC with specific tasks and costs associated with those tasks. In fact, this recommendation was made by staff to me and forwarded to the Board on 8/3/07.”
Despite this reassurance, Davis sought action on the recommendation by Thomas at the August 7 meeting that the County award a design contract for the plant expansion. The BOC, however, refused to take action.
The draft of the minutes for the meeting, posted on the County’s web site, explains the BOC inaction as follows:
“Utility Director Chris Thomas reported the Review Committee had completed its review of the three proposals for the Rocky Branch engineering upgrade and recommended the use of Jordan, Jones & Goulding (JJ&G) for the design of the upgrade to the Rocky Branch Water Reclamation Facility. By consensus, no action was taken on this matter.”
Charlie Baugh, who is active in Friends of Barber Creek and attended the August 7 meeting on the group’s behalf, put it this way:
“Thomas made the presentation and recommended JJ&G. The recommendation to the BOC was to allow the staff to negotiate the terms and work to be done and a final price for the design work.
“Davis called for motions, and there was a deafening silence. No one moved or said a word. Then Davis asked why there were no motions. (Commissioner Chuck) Horton said he would not vote for JJ&G to do anything. Then (Commissioner) Margaret (Hale) said she did not think it appropriate to continue until the Board had voted to do the expansion. (Commissioner Don) Norris was silent. Davis then said that since the Board was not ready he would defer the item to a later meeting. At that point (Commissioner Jim) Luke said he is for some level of expansion of the LAS site.”
Davis and his Utility Department have been pushing this project for two years, and Davis has tried to calm citizen concerns about it since they first arose in October of 2004. That was when some of us learned that the plant expansion would result in the discharge of treated sewage into Barber Creek.
It is at least possible Davis will try to get the BOC to take action again on August 28.
In rejecting a request by the Board of Directors of Friends of Barber Creek for a meeting with the BOC before any action is taken, Davis wrote on August 6 that the Board had already heard enough from citizens but “when a decision is made by the Board to upgrade the LAS site, a period of public comment will be allowed.”
Those of us who want to ask the BOC to protect the creek from flooding, treat the water to the highest standard the technology of the proposed plant will allow, and agree to independent monitoring of the plant will have to be prepared to make those requests in the “period of public comment” Chairman Davis says he will allow.
And it appears we’ll have to keep guessing when that will happen.
Saturday, August 18, 2007
Wednesday, August 15, 2007
Written 8/15/2007
Chairman Davis Denies Request for BOC Meeting
Melvin Davis, chairman of the Oconee County Board of Commissioners, has rejected the request of Friends of Barber Creek that he schedule a public meeting so citizens can discuss the proposed expansion of the Rocky Branch sewage treatment plant with the Board of Commissioners.
Davis wrote that the Board of Commissioners already has done enough to get input from the public and has addressed the concerns raised by the Friends of Barber Creek.
"I see no need to have an additional public meeting," Davis wrote in a letter dated August 6, 2007.
Davis said the Board of Commissioners has discussed the Rocky Branch facility at six meetings, two in 2004, two in 2005 and two in 2006, and held three public meetings on the proposed expansion.
One of those public meetings–in December of 2006–was actually a hearing citizens had requested with the state Environmental Protection Division (EPD), not the BOC.
The public notice telling citizens about the March 2006 hearing did not mention that plant expansion would result in discharge of treated sewage water into Barber Creek.
The BOC meetings dealt with permits and other preliminary actions. The BOC never has voted to expand the plant.
The County received a permit from the EPD in April of 2007 to begin discharging 1 million gallons per day (MGD) of treated sewage water from the Rocky Branch plant into Barber Creek when the plant is expanded.
The Board of Friends of Barber Creek wrote to Davis on July 17 requesting the opportunity to ask the members of the Board of Commissioners, should they decide to expand the Rocky Branch sewage plant, to:
1 Agree to hold discharge water from the Rocky Branch sewage plant in storage facilities when Barber Creek is flooding or threatening to flood, rather than discharge into the Creek;
2. Treat effluent from the Rocky Branch sewage plant to the highest level possible with the technology available and, at a minimum, to the level of treatment at the Hill Plant in Gwinnett County for water being discharged into Lake Lanier; and
3. Set up a system of independent monitoring of the Rocky Branch sewage treatment plant, its effluent, and Barber Creek.
Davis said "It is my belief that the BOC has attempted to get significant public input into this process" and has "responded positively to the three (3) concerns outlined in your letter."
Davis said the County has agreed that the holding facilities on the plant site "will be used to store treated wastewater during times of flooding" and that this requirement "was approved by EPD."
In fact, the EPD permit, which the County received on April 2, 2007, makes no mention of holding facilities and places no restrictions on release of water into Barber Creek other than that the amount cannot exceed 1 MGD on a monthly average or 1.25 MGD on a weekly average.
Davis also contends in his letter that the new plant will use "the same standards as the Hill Plant in Gwinnett County."
In fact, the Gwinnett County facility is required to meet a higher standard than Rocky Branch for total suspended solids, ammonia, fecal coliform bacteria, total phosphorus and turbidity. For example, the Rocky Branch plant will be allowed to discharge water with a fecal coliform bacteria count of 23 per 100 milliliter, while the Gwinnett plant can discharge water with a fecal coliform bacteria count of only 2 per milliliter.
Davis said in his August 6 letter that the EPD "requires continuous monitoring" of the plant, but he does not state that this monitoring is done by the plant operators themselves.
Davis acknowledged that his decision to deny further public discussion could be overruled by a majority of the five-member Board of Commissioners.
Davis copied his response to the other members of the Board of Commissioners. None has written indicating disagreement with Davis’ decision not to hold a public meeting as requested by the Friends of Barber Creek.
The Rocky Branch sewage plant currently uses a Land Application System to treat sewage water, but that technique of spraying sewage water onto hayfields will be replaced by a plant with a membrane filtration system if Rocky Branch is expanded. At present, the County does not discharge treated sewage water into Barber Creek.
Davis’ response to the request for a public meeting on the Rocky Branch expansion contrasts strikingly with his response to the request from the Oconee County Chamber of Commerce earlier this year that the County consider approving beer and wine sales at restaurants.
Davis held lengthy public meetings on that issue in May and June, although, at this point, the BOC has not voted on the issue.
According to Davis’ letter, "when a decision is made by the Board to upgrade the LAS site, a period of public comment will be allowed."
The Board of Directors of Friends of Barber Creek had asked that Davis "schedule a public meeting at which those of us concerned about the health of Barber Creek are given a chance to discuss with the Board of Commissioners announced plans to expand the Rocky Branch sewage treatment plant."
It seems it matters quite a lot which group makes the request for the courtesy of meeting with the BOC.
Chairman Davis Denies Request for BOC Meeting
Melvin Davis, chairman of the Oconee County Board of Commissioners, has rejected the request of Friends of Barber Creek that he schedule a public meeting so citizens can discuss the proposed expansion of the Rocky Branch sewage treatment plant with the Board of Commissioners.
Davis wrote that the Board of Commissioners already has done enough to get input from the public and has addressed the concerns raised by the Friends of Barber Creek.
"I see no need to have an additional public meeting," Davis wrote in a letter dated August 6, 2007.
Davis said the Board of Commissioners has discussed the Rocky Branch facility at six meetings, two in 2004, two in 2005 and two in 2006, and held three public meetings on the proposed expansion.
One of those public meetings–in December of 2006–was actually a hearing citizens had requested with the state Environmental Protection Division (EPD), not the BOC.
The public notice telling citizens about the March 2006 hearing did not mention that plant expansion would result in discharge of treated sewage water into Barber Creek.
The BOC meetings dealt with permits and other preliminary actions. The BOC never has voted to expand the plant.
The County received a permit from the EPD in April of 2007 to begin discharging 1 million gallons per day (MGD) of treated sewage water from the Rocky Branch plant into Barber Creek when the plant is expanded.
The Board of Friends of Barber Creek wrote to Davis on July 17 requesting the opportunity to ask the members of the Board of Commissioners, should they decide to expand the Rocky Branch sewage plant, to:
1 Agree to hold discharge water from the Rocky Branch sewage plant in storage facilities when Barber Creek is flooding or threatening to flood, rather than discharge into the Creek;
2. Treat effluent from the Rocky Branch sewage plant to the highest level possible with the technology available and, at a minimum, to the level of treatment at the Hill Plant in Gwinnett County for water being discharged into Lake Lanier; and
3. Set up a system of independent monitoring of the Rocky Branch sewage treatment plant, its effluent, and Barber Creek.
Davis said "It is my belief that the BOC has attempted to get significant public input into this process" and has "responded positively to the three (3) concerns outlined in your letter."
Davis said the County has agreed that the holding facilities on the plant site "will be used to store treated wastewater during times of flooding" and that this requirement "was approved by EPD."
In fact, the EPD permit, which the County received on April 2, 2007, makes no mention of holding facilities and places no restrictions on release of water into Barber Creek other than that the amount cannot exceed 1 MGD on a monthly average or 1.25 MGD on a weekly average.
Davis also contends in his letter that the new plant will use "the same standards as the Hill Plant in Gwinnett County."
In fact, the Gwinnett County facility is required to meet a higher standard than Rocky Branch for total suspended solids, ammonia, fecal coliform bacteria, total phosphorus and turbidity. For example, the Rocky Branch plant will be allowed to discharge water with a fecal coliform bacteria count of 23 per 100 milliliter, while the Gwinnett plant can discharge water with a fecal coliform bacteria count of only 2 per milliliter.
Davis said in his August 6 letter that the EPD "requires continuous monitoring" of the plant, but he does not state that this monitoring is done by the plant operators themselves.
Davis acknowledged that his decision to deny further public discussion could be overruled by a majority of the five-member Board of Commissioners.
Davis copied his response to the other members of the Board of Commissioners. None has written indicating disagreement with Davis’ decision not to hold a public meeting as requested by the Friends of Barber Creek.
The Rocky Branch sewage plant currently uses a Land Application System to treat sewage water, but that technique of spraying sewage water onto hayfields will be replaced by a plant with a membrane filtration system if Rocky Branch is expanded. At present, the County does not discharge treated sewage water into Barber Creek.
Davis’ response to the request for a public meeting on the Rocky Branch expansion contrasts strikingly with his response to the request from the Oconee County Chamber of Commerce earlier this year that the County consider approving beer and wine sales at restaurants.
Davis held lengthy public meetings on that issue in May and June, although, at this point, the BOC has not voted on the issue.
According to Davis’ letter, "when a decision is made by the Board to upgrade the LAS site, a period of public comment will be allowed."
The Board of Directors of Friends of Barber Creek had asked that Davis "schedule a public meeting at which those of us concerned about the health of Barber Creek are given a chance to discuss with the Board of Commissioners announced plans to expand the Rocky Branch sewage treatment plant."
It seems it matters quite a lot which group makes the request for the courtesy of meeting with the BOC.
Sunday, August 05, 2007
Written 8/05/2007
County Asked to Take Another Step Toward Rocky Branch Upgrade
Chairman Melvin Davis has put on the agenda for late in the August 7 meeting of the Board of Commissioners an item that could have a big impact on Oconee County, and particularly on those who live along and care about Barber Creek.
The Board will be asked to "Consider approval of LAS Design Proposal and Sewer Policy Clarification."
This will come up after the Board considers eight rezones, including a controversial one on Old Barnett Shoals, and makes appointments to five County committees, including the Planning Commission.
This would seem to be an inappropriate time to decide on a project very conservatively estimated to cost $6 to $8 million and make decisions about how the sewage capacity gained from the proposed upgrade will be allocated between commercial and residential users.
Citizens will not get to see the bid until the meeting and will not know about the proposed sewage use policies until some proposal is announced at the meeting. It seems there will be little discussion of options.
I've written to Mr. Davis asking him to delay any decision on the important project. The text of my letter is below:
August 5, 2007
Dear Mr. Davis:
The draft of the Agenda for the Board of Commissioners meeting on Tuesday, August 7, indicates that, under Item 7, the Board will "Consider approval of the LAS Design Proposal and Sewer Policy Clarification."
I ask that the Board take no action at this time on these items.
At the July 31, 2007, meeting, Mr. Chris Thomas, assistant director of the Utility Department, indicated that he and his three designated reviewers would complete their evaluation of the three submitted bids for Engineering Design and Support for the Rocky Branch Water Reclamation Facility Upgrade only on August 2, and that he would not make his recommendation public until August 7.
As a result, citizens will not have had a chance to see the bids until the August 7 meeting. As is clear from the Request for Proposal itself and from the comments Mr. Gary Dodd, Utility Department director, at the July 31 meeting, the bid covers construction management and bidding, in addition to engineering design.
As a consequence, rather than merely making a decision on the bids, the Board is really being asked to make a decision on a project with an expected total cost of $6 to $8 million, according to the RFP.
In addition, the bid does not cover the full scope of work needed to upgrade Rocky Branch. As stated on page 7 of the RFP, it covers only work within "the treatment facility property boundary." The County must build a pump and pipe to get the treated water to Barber Creek, about a mile from the property, and the extensive water distribution network required to operationalize the "reuse" component of the plant.
As a result, the total cost for this project is going to be far in excess of $6 to $8 million.
In addition, on pages 1 and 6 of the RFP, bidders are advised that they should make provisions for an eventual upgrade of the Rocky Branch sewage plant to a 2 million gallons per day capacity, not the 1 MGD covered in the bid. So the decision actually has ramifications beyond the bid itself.
Mr. Dodd said at the July 31 meeting that he wanted to ask the Board to provide policy regarding the use of the new sewage capacity that the Rocky Branch plant will produce. He suggested an even split between commercial and residential use of the new plant’s capacity. During the discussion that followed, however, a number of options were discussed, including setting aside some of the new capacity for existing subdivisions now on septic systems.
In fact, in an e-mail message from Mr. Dodd to County Administrative Officer Mr. Alan Theriault on March 21, 2007, Mr. Dodd indicated that 391,340 gallons per day out of the existing 400,000 gpd of capacity at the existing Rocky Branch plant has "been sold (committed)," with a breakdown of 60% commercial and 40% residential. To get to a 50-50 split for the whole plant, as he suggests in the memo, more of the new capacity would have to be set aside for residential use. But Mr. Dodd also said in that e-mail that the BOC could decide "that they do not want any of the upgrade allotted for residential."
Citizens, who will learn first on August 7 what the Utility Department proposes, should have a chance to review these options and offer comment on them before the Board votes.
At the July 31 meeting, Mr. Dodd also raised the question as to how the Utility Department will set up its financing so that water customers in the County do not subsidize sewage customers, since there will be many more of the former than the latter. This, in addition, is an important issue for the Board to debate.
The list of questions in need of debate, however, is even longer. As you know, Mr. Thomas informed you in an e-mail message of April 2, 2007, that the county has a new wasteload allocation for the Calls Creek sewage treatment plant, "allowing us to expand to 1.5 MGD pending an antidegradation review." So the County could decide to expand Calls Creek rather than Rocky Branch.
In addition, the County received in June of 2006 a wasteload allocation to discharge up to 2 MGD of discharge water from the Rocky Branch plant into the Apalachee River. This option was never explored, but it would seem to be appropriate to discharge into the Apalachee if the County goes forward with the Hard Labor Creek reservoir plans. That reservoir, as you know, would draw water from the Apalachee downstream from the proposed discharge site, meaning that the County truly would be recycling the water it uses.
The fundamental problem is that the County has never debated and adopted a version of the February 2005 wastewater master plan produced for the County. That plan calls for the upgrade of the Rocky Branch plant only as a short-term solution to the need for additional sewage capacity in the County. The report recommends that the County move its sewage treatment facilities to the Oconee River, an option that still remains viable if the County were to work with Clarke County or seek a waste load allocation for alternate locations along the river.
I wrote to you on July 17 and informed you that the Board of Directors of the Friends of Barber Creek wishes to have an opportunity for citizens to voice their requests to the full Board of Commissioners regarding the upgrade of the Rocky Branch sewage plant. Specifically, we are asking that the Board of Commissioners:
1. Agree to hold discharge water from the Rocky Branch sewage treatment plant in storage facilities when Barber Creek is flooding or threatening to flood, rather than discharge into the Creek;
2. Treat effluent from the Rocky Branch sewage treatment plant to the highest level possible with the technology available and, at a minimum, to the level of treatment at the Hill Plant in Gwinnett County for water being discharged into Lake Lanier; and
3. Set up a system of independent monitoring of the Rocky Branch sewage treatment plant, its effluent, and Barber Creek.
At this time, you have not responded to this request, other than acknowledge receipt of it via an e-mail message on July 27. If the Board of Commissioners approves one of the bids on August 7, it will mean that the County will have to go back to the bidder at a later time and ask for modifications to meet the first two requests above.
For all of these reasons, I ask that the Board of Commissioners take no action regarding the upgrade of the Rocky Branch LAS at the meeting on August 7.
I thank you for consideration of this request.
Sincerely,
Lee Becker, President
Friends of Barber Creek
1050 Scott Terrace
Athens, GA 30606 (Oconee County)
706 548 1525
lbbecker@mindspring.com
County Asked to Take Another Step Toward Rocky Branch Upgrade
Chairman Melvin Davis has put on the agenda for late in the August 7 meeting of the Board of Commissioners an item that could have a big impact on Oconee County, and particularly on those who live along and care about Barber Creek.
The Board will be asked to "Consider approval of LAS Design Proposal and Sewer Policy Clarification."
This will come up after the Board considers eight rezones, including a controversial one on Old Barnett Shoals, and makes appointments to five County committees, including the Planning Commission.
This would seem to be an inappropriate time to decide on a project very conservatively estimated to cost $6 to $8 million and make decisions about how the sewage capacity gained from the proposed upgrade will be allocated between commercial and residential users.
Citizens will not get to see the bid until the meeting and will not know about the proposed sewage use policies until some proposal is announced at the meeting. It seems there will be little discussion of options.
I've written to Mr. Davis asking him to delay any decision on the important project. The text of my letter is below:
August 5, 2007
Dear Mr. Davis:
The draft of the Agenda for the Board of Commissioners meeting on Tuesday, August 7, indicates that, under Item 7, the Board will "Consider approval of the LAS Design Proposal and Sewer Policy Clarification."
I ask that the Board take no action at this time on these items.
At the July 31, 2007, meeting, Mr. Chris Thomas, assistant director of the Utility Department, indicated that he and his three designated reviewers would complete their evaluation of the three submitted bids for Engineering Design and Support for the Rocky Branch Water Reclamation Facility Upgrade only on August 2, and that he would not make his recommendation public until August 7.
As a result, citizens will not have had a chance to see the bids until the August 7 meeting. As is clear from the Request for Proposal itself and from the comments Mr. Gary Dodd, Utility Department director, at the July 31 meeting, the bid covers construction management and bidding, in addition to engineering design.
As a consequence, rather than merely making a decision on the bids, the Board is really being asked to make a decision on a project with an expected total cost of $6 to $8 million, according to the RFP.
In addition, the bid does not cover the full scope of work needed to upgrade Rocky Branch. As stated on page 7 of the RFP, it covers only work within "the treatment facility property boundary." The County must build a pump and pipe to get the treated water to Barber Creek, about a mile from the property, and the extensive water distribution network required to operationalize the "reuse" component of the plant.
As a result, the total cost for this project is going to be far in excess of $6 to $8 million.
In addition, on pages 1 and 6 of the RFP, bidders are advised that they should make provisions for an eventual upgrade of the Rocky Branch sewage plant to a 2 million gallons per day capacity, not the 1 MGD covered in the bid. So the decision actually has ramifications beyond the bid itself.
Mr. Dodd said at the July 31 meeting that he wanted to ask the Board to provide policy regarding the use of the new sewage capacity that the Rocky Branch plant will produce. He suggested an even split between commercial and residential use of the new plant’s capacity. During the discussion that followed, however, a number of options were discussed, including setting aside some of the new capacity for existing subdivisions now on septic systems.
In fact, in an e-mail message from Mr. Dodd to County Administrative Officer Mr. Alan Theriault on March 21, 2007, Mr. Dodd indicated that 391,340 gallons per day out of the existing 400,000 gpd of capacity at the existing Rocky Branch plant has "been sold (committed)," with a breakdown of 60% commercial and 40% residential. To get to a 50-50 split for the whole plant, as he suggests in the memo, more of the new capacity would have to be set aside for residential use. But Mr. Dodd also said in that e-mail that the BOC could decide "that they do not want any of the upgrade allotted for residential."
Citizens, who will learn first on August 7 what the Utility Department proposes, should have a chance to review these options and offer comment on them before the Board votes.
At the July 31 meeting, Mr. Dodd also raised the question as to how the Utility Department will set up its financing so that water customers in the County do not subsidize sewage customers, since there will be many more of the former than the latter. This, in addition, is an important issue for the Board to debate.
The list of questions in need of debate, however, is even longer. As you know, Mr. Thomas informed you in an e-mail message of April 2, 2007, that the county has a new wasteload allocation for the Calls Creek sewage treatment plant, "allowing us to expand to 1.5 MGD pending an antidegradation review." So the County could decide to expand Calls Creek rather than Rocky Branch.
In addition, the County received in June of 2006 a wasteload allocation to discharge up to 2 MGD of discharge water from the Rocky Branch plant into the Apalachee River. This option was never explored, but it would seem to be appropriate to discharge into the Apalachee if the County goes forward with the Hard Labor Creek reservoir plans. That reservoir, as you know, would draw water from the Apalachee downstream from the proposed discharge site, meaning that the County truly would be recycling the water it uses.
The fundamental problem is that the County has never debated and adopted a version of the February 2005 wastewater master plan produced for the County. That plan calls for the upgrade of the Rocky Branch plant only as a short-term solution to the need for additional sewage capacity in the County. The report recommends that the County move its sewage treatment facilities to the Oconee River, an option that still remains viable if the County were to work with Clarke County or seek a waste load allocation for alternate locations along the river.
I wrote to you on July 17 and informed you that the Board of Directors of the Friends of Barber Creek wishes to have an opportunity for citizens to voice their requests to the full Board of Commissioners regarding the upgrade of the Rocky Branch sewage plant. Specifically, we are asking that the Board of Commissioners:
1. Agree to hold discharge water from the Rocky Branch sewage treatment plant in storage facilities when Barber Creek is flooding or threatening to flood, rather than discharge into the Creek;
2. Treat effluent from the Rocky Branch sewage treatment plant to the highest level possible with the technology available and, at a minimum, to the level of treatment at the Hill Plant in Gwinnett County for water being discharged into Lake Lanier; and
3. Set up a system of independent monitoring of the Rocky Branch sewage treatment plant, its effluent, and Barber Creek.
At this time, you have not responded to this request, other than acknowledge receipt of it via an e-mail message on July 27. If the Board of Commissioners approves one of the bids on August 7, it will mean that the County will have to go back to the bidder at a later time and ask for modifications to meet the first two requests above.
For all of these reasons, I ask that the Board of Commissioners take no action regarding the upgrade of the Rocky Branch LAS at the meeting on August 7.
I thank you for consideration of this request.
Sincerely,
Lee Becker, President
Friends of Barber Creek
1050 Scott Terrace
Athens, GA 30606 (Oconee County)
706 548 1525
lbbecker@mindspring.com
Tuesday, July 31, 2007
Written 7/31/2007
Some Things Missing
The Request for Proposals for the $6 to $8 million expansion of the Rocky Branch sewage plant has one interesting and significant exclusion.
The RFP does not cover construction of the pipe and pump that will be needed to get the treated sewage water to Barber Creek or to the water distribution system required to carry the reuse-quality water to any customers the County may be able to line up for it.
The RFP stipulates that the project extends "only to the treatment facility property boundary." The RFP states that work beyond the 245-acre site off Rocky Branch road behind the new high school "will be addressed in a separate project."
The exclusion is interesting because the County originally planned to dump the water into an unnamed tributary at the edge of the County property, but the Georgia Environmental Protection Division has said it will not allow that, since the County sought and was granted permission to discharge into Barber Creek, not the unnamed tributary.
In addition, the County repeatedly has said discharge into Barber Creek will actually be less than the allowed 1.0 million gallons per day of treated sewage water because the County will sell the treated water to customers for irrigation. The County will have to build a separate distribution and metering system for the reuse water.
Chris Thomas, assistant director of the Oconee County Utility Department, told me in an e-mail message on September 6, 2006, that the Rocky Branch "discharge will be into the feeder creek," rather than Barber Creek itself. He copied his message to me to Utility Department head Gary Dodd. (Dodd will retire on August 6, and Thomas is set to replace him as director.)
At the December 12 hearing before the EPD, I argued that the draft permit was for the wrong stream, since it named Barber Creek and not the tributary.
The EPD in late March of 2007 informed me and others who questioned the County over its plans for the Rocky Branch plant that "The discharge is not to be occurring in the stream adjacent to the plant site, which is a tributary to Barber Creek."
On December 13–the day after the hearing--Curtis Boswell, from the Engineering & Technical Support Program at the EPD in Atlanta, sent an email message to Chris Thomas saying:
"We did a satellite view of the discharge location for the Rocky Branch facility. Looks like you guys are going to pipe approximately 1-mile to Barber Creek. I relayed this information to the Athens Banner this morning. Go ahead and submit the pump station and force main information with the plans and specifications for the wastewater facilities."
Gary Dodd e-mailed back to Boswell about an hour later, saying:
"This can gravity all the way and it is not a mile, what you sent ABH is ok with us, if they call we will tell them this is an option that we can use. Thanks for the heads up!!"
Boswell wrote back the following day (14th of December) saying:
"The application included a map showing a 1-mile radius essentially from the headworks. The proposed discharge location fell along the radius line. Am I missing something? This is the same location identified in the wasteload allocation. It did not look downhill all the way!"
The effort to convince the Athens Banner-Herald that the County had planned to pipe the water to Barber Creek all along was successful. The reporter never wrote about the issue and apparently did not know that the County was not even certain at that point whether it would have to pump the treated sewage to Barber Creek or whether it would flow by gravity.
One way or the other, the County has to get the water off the property. Unless it tries to use the unnamed tributary to do that, it will need to seek another bid for the pipe to Barber Creek as well as the distribution system for the reuse water.
That means the $6 to $8 million cost estimate is a low one.
Some Things Missing
The Request for Proposals for the $6 to $8 million expansion of the Rocky Branch sewage plant has one interesting and significant exclusion.
The RFP does not cover construction of the pipe and pump that will be needed to get the treated sewage water to Barber Creek or to the water distribution system required to carry the reuse-quality water to any customers the County may be able to line up for it.
The RFP stipulates that the project extends "only to the treatment facility property boundary." The RFP states that work beyond the 245-acre site off Rocky Branch road behind the new high school "will be addressed in a separate project."
The exclusion is interesting because the County originally planned to dump the water into an unnamed tributary at the edge of the County property, but the Georgia Environmental Protection Division has said it will not allow that, since the County sought and was granted permission to discharge into Barber Creek, not the unnamed tributary.
In addition, the County repeatedly has said discharge into Barber Creek will actually be less than the allowed 1.0 million gallons per day of treated sewage water because the County will sell the treated water to customers for irrigation. The County will have to build a separate distribution and metering system for the reuse water.
Chris Thomas, assistant director of the Oconee County Utility Department, told me in an e-mail message on September 6, 2006, that the Rocky Branch "discharge will be into the feeder creek," rather than Barber Creek itself. He copied his message to me to Utility Department head Gary Dodd. (Dodd will retire on August 6, and Thomas is set to replace him as director.)
At the December 12 hearing before the EPD, I argued that the draft permit was for the wrong stream, since it named Barber Creek and not the tributary.
The EPD in late March of 2007 informed me and others who questioned the County over its plans for the Rocky Branch plant that "The discharge is not to be occurring in the stream adjacent to the plant site, which is a tributary to Barber Creek."
On December 13–the day after the hearing--Curtis Boswell, from the Engineering & Technical Support Program at the EPD in Atlanta, sent an email message to Chris Thomas saying:
"We did a satellite view of the discharge location for the Rocky Branch facility. Looks like you guys are going to pipe approximately 1-mile to Barber Creek. I relayed this information to the Athens Banner this morning. Go ahead and submit the pump station and force main information with the plans and specifications for the wastewater facilities."
Gary Dodd e-mailed back to Boswell about an hour later, saying:
"This can gravity all the way and it is not a mile, what you sent ABH is ok with us, if they call we will tell them this is an option that we can use. Thanks for the heads up!!"
Boswell wrote back the following day (14th of December) saying:
"The application included a map showing a 1-mile radius essentially from the headworks. The proposed discharge location fell along the radius line. Am I missing something? This is the same location identified in the wasteload allocation. It did not look downhill all the way!"
The effort to convince the Athens Banner-Herald that the County had planned to pipe the water to Barber Creek all along was successful. The reporter never wrote about the issue and apparently did not know that the County was not even certain at that point whether it would have to pump the treated sewage to Barber Creek or whether it would flow by gravity.
One way or the other, the County has to get the water off the property. Unless it tries to use the unnamed tributary to do that, it will need to seek another bid for the pipe to Barber Creek as well as the distribution system for the reuse water.
That means the $6 to $8 million cost estimate is a low one.
Saturday, July 21, 2007
Written 7/21/07
Letter Sent to Davis Requesting Barber Creek Meeting
The Board of Directors of Friends of Barber Creek has sent a letter to Melvin Davis, chairman of the Oconee County Board of Commissioners, requesting a public meeting to present three requests regarding the proposed expansion of Rocky Branch sewage treatment, which will discharge treated sewage water into Barber Creek.
Those requests are that the Board of Commissioners:
1 Agree to hold discharge water from the Rocky Branch sewage plant in storage facilities when Barber Creek is flooding or threatening to flood, rather than discharge into the Creek;
2. Treat effluent from the Rocky Branch sewage plant not to discharge quality but to the highest level possible with the technology available and, at a minimum, to the level of treatment at the Hill Plant in Gwinnett County for water being discharged into Lake Lanier; and
3. Set up a system of independent monitoring of the Rocky Branch sewage treatment plant, its effluent, and Barber Creek.
Oconee County announced in a public notice in The Oconee Enterprise on July 12 that it has begun the bidding process for engineering support and design work for an expanded Rocky Branch sewage treatment plant. Proposals are due on July 31, and, according to Oconee County Clerk Gina Davis, the bids will be opened and the names of submitting firms will be read at 2 p.m. on July 31 in an open meeting in either the Grand Jury Room or Room 103 at the Courthouse.
I have requested that the County send me a copy of the materials provided to bidders. Ms. Davis has indicated that she is "working with Gary Dodd to get the materials" that I requested. Dodd is the Utility Department director.
Chairman Davis has indicted repeatedly since October of 2004, when the County began the permitting process to start discharging treated sewage water into Barber Creek, that no decision has been made to actually build the plant.
The County has never adopted a waste water master plan or indicated what plans it has for future expansion of the Rocky Branch plant or its second plant at Calls Creek, outside Watkinsville. The most recent draft master plan recommended that these two plants be phased out over time in favor of a plant on the Oconee River.
Here’s the full text of the letter I sent to Mr. Davis on behalf of the Friends of Barber Creek Board:
July 17, 2007
Mr. Melvin Davis, Chairman
Oconee County Board of Commissioners
Oconee County Courthouse
23 N. Main Street
Watkinsville, GA 30677
Dear Mr. Davis:
With this letter, I am formally requesting that you schedule a public meeting at which those of us concerned about the health of Barber Creek are given a chance to discuss with the Board of Commissioners announced plans to expand the Rocky Branch sewage treatment plant and to begin discharging treated sewage water into Barber Creek.
I am making this request on behalf of the Board of Directors of Friends of Barber Creek, a citizen group created to preserve and enhance the attractiveness of Barber Creek and surrounding land in Oconee County and to protect and improve the ecological condition of the Creek.
The Board of Directors wishes to have the opportunity in a public meeting to ask the members of the Board of Commissioners, should they vote to expand the Rocky Branch sewage treatment plant and begin discharging waste water into Barber Creek, that they also:
1 Agree to hold discharge water from the Rocky Branch sewage plant in storage facilities when Barber Creek is flooding or threatening to flood, rather than discharge into the Creek;
2. Treat effluent from the Rocky Branch sewage plant to the highest level possible with the technology available and, at a minimum, to the level of treatment at the Hill Plant in Gwinnett County for water being discharged into Lake Lanier; and
3. Set up a system of independent monitoring of the Rocky Branch sewage treatment plant, its effluent, and Barber Creek.
I thank you in advance for your consideration of this request and look forward to hearing from you regarding the County’s plans for an open discussion of the proposed expansion of the Rocky Branch sewage treatment plant.
Sincerely,
Lee B. Becker
President
cc: Post 1 Commissioner, Jim Luke
Post 2 Commissioner, Don Norris
Post 3 Commissioner, Margaret Hale
Post 4 Commissioner, Chuck Horton
Mailing Address for Friends of Barber Creek:
1050 Scott Terrace
Athens, GA 30606 (Oconee County)
Tel. 706 548-1525
Letter Sent to Davis Requesting Barber Creek Meeting
The Board of Directors of Friends of Barber Creek has sent a letter to Melvin Davis, chairman of the Oconee County Board of Commissioners, requesting a public meeting to present three requests regarding the proposed expansion of Rocky Branch sewage treatment, which will discharge treated sewage water into Barber Creek.
Those requests are that the Board of Commissioners:
1 Agree to hold discharge water from the Rocky Branch sewage plant in storage facilities when Barber Creek is flooding or threatening to flood, rather than discharge into the Creek;
2. Treat effluent from the Rocky Branch sewage plant not to discharge quality but to the highest level possible with the technology available and, at a minimum, to the level of treatment at the Hill Plant in Gwinnett County for water being discharged into Lake Lanier; and
3. Set up a system of independent monitoring of the Rocky Branch sewage treatment plant, its effluent, and Barber Creek.
Oconee County announced in a public notice in The Oconee Enterprise on July 12 that it has begun the bidding process for engineering support and design work for an expanded Rocky Branch sewage treatment plant. Proposals are due on July 31, and, according to Oconee County Clerk Gina Davis, the bids will be opened and the names of submitting firms will be read at 2 p.m. on July 31 in an open meeting in either the Grand Jury Room or Room 103 at the Courthouse.
I have requested that the County send me a copy of the materials provided to bidders. Ms. Davis has indicated that she is "working with Gary Dodd to get the materials" that I requested. Dodd is the Utility Department director.
Chairman Davis has indicted repeatedly since October of 2004, when the County began the permitting process to start discharging treated sewage water into Barber Creek, that no decision has been made to actually build the plant.
The County has never adopted a waste water master plan or indicated what plans it has for future expansion of the Rocky Branch plant or its second plant at Calls Creek, outside Watkinsville. The most recent draft master plan recommended that these two plants be phased out over time in favor of a plant on the Oconee River.
Here’s the full text of the letter I sent to Mr. Davis on behalf of the Friends of Barber Creek Board:
July 17, 2007
Mr. Melvin Davis, Chairman
Oconee County Board of Commissioners
Oconee County Courthouse
23 N. Main Street
Watkinsville, GA 30677
Dear Mr. Davis:
With this letter, I am formally requesting that you schedule a public meeting at which those of us concerned about the health of Barber Creek are given a chance to discuss with the Board of Commissioners announced plans to expand the Rocky Branch sewage treatment plant and to begin discharging treated sewage water into Barber Creek.
I am making this request on behalf of the Board of Directors of Friends of Barber Creek, a citizen group created to preserve and enhance the attractiveness of Barber Creek and surrounding land in Oconee County and to protect and improve the ecological condition of the Creek.
The Board of Directors wishes to have the opportunity in a public meeting to ask the members of the Board of Commissioners, should they vote to expand the Rocky Branch sewage treatment plant and begin discharging waste water into Barber Creek, that they also:
1 Agree to hold discharge water from the Rocky Branch sewage plant in storage facilities when Barber Creek is flooding or threatening to flood, rather than discharge into the Creek;
2. Treat effluent from the Rocky Branch sewage plant to the highest level possible with the technology available and, at a minimum, to the level of treatment at the Hill Plant in Gwinnett County for water being discharged into Lake Lanier; and
3. Set up a system of independent monitoring of the Rocky Branch sewage treatment plant, its effluent, and Barber Creek.
I thank you in advance for your consideration of this request and look forward to hearing from you regarding the County’s plans for an open discussion of the proposed expansion of the Rocky Branch sewage treatment plant.
Sincerely,
Lee B. Becker
President
cc: Post 1 Commissioner, Jim Luke
Post 2 Commissioner, Don Norris
Post 3 Commissioner, Margaret Hale
Post 4 Commissioner, Chuck Horton
Mailing Address for Friends of Barber Creek:
1050 Scott Terrace
Athens, GA 30606 (Oconee County)
Tel. 706 548-1525
Thursday, June 21, 2007
Written 6/21/2007
Giving Control over Oconee Taxes To Walton County
So many things are going on in the county at the moment that it is hard to keep track of them. Unfortunately, most of these need our attention.
A very big issue is the draft contract that the Walton County Board of Commissioners has approved and sent to Oconee County for approval. The contract–legally an intergovernmental agreement–defines how the two Counties will manage and finance the proposed reservoir on Hard Labor Creek, in Walton County.
Ownership is clear. Everything belongs to the Walton County Water and Sewage Authority, whose members are appointed by the Walton County Board of Commissioners.
The agreement calls for the creation of an Advisory Committee, made up of the Chairman of the Walton County Water and Sewage Authority, the General Manager of the Walton County Water and Sewage Authority, and the Chairman of the Walton County Board of Commissioners, which appoints the Walton County Water and Sewage Authority. Each could designate someone else to serve in his or her place.
Oconee County is to be represented by the Chairman of the Board of Commissioners and the Chairman of the Oconee County Utility Department, who is appointed by the Chairman of the Oconee County Board of Commissioners. Or these two individuals can designate someone to represent them.
The Advisory Committee will advise the Walton County Water and Sewage Authority. This, by and large, means the Walton County Water and Sewage Authority will be advising itself. Oconee County will have little say about how things operate.
The Walton County Water and Sewage Authority will bill Oconee County for 28.8% of all costs. Oconee County will be obligated to pay the bills for land acquisition and construction of the reservoir based on property taxes. The County can use revenue from the sale of water to pay the annual project costs.
Oconee County has used very extreme estimates of water needs and sales to justify joining Walton County on the Hard Labor Creek project. If the estimates are wrong, as they are likely to be, the annual bills are going to have to be paid by property taxes as well. To pay the bills, the County has to sell water, so it is going to be promoting development to pay for this reservoir.
The more water that comes in to the County, the more that has to be treated at the County’s sewage plants. This means the Rocky Branch sewage plant is going to be expanded, pumping even more sewage water into Barber Creek.
At this point, the most important thing is that this agreement be discussed in an open meeting at which citizens have an opportunity to ask questions and state opinions. Two Commissioners–Margaret Hale and Chuck Horton–voted against joining with Walton County for the reservoir. We need one more vote to make sure that Oconee County doesn’t enter into a contract with disastrous results.
Write to the Commissioners today. If you feel comfortable surrendering control over your taxes to Walton County, please say so. If you want an open discussion in which the Commissioners have to justify putting Walton County in charge of Oconee County tax revenue, please write and say that.
Here is the contact information:
Melvin Davis, (Chairman), mdavis@oconee.ga.us
Margaret Hale, margarethale@oconee.ga.us and marghale@aol.com
Chuck Horton, chorton@oconee.ga.us
Jim Luke, jluke@oconee.ga.us
Don Norris, dnorris@oconee.ga.us
Giving Control over Oconee Taxes To Walton County
So many things are going on in the county at the moment that it is hard to keep track of them. Unfortunately, most of these need our attention.
A very big issue is the draft contract that the Walton County Board of Commissioners has approved and sent to Oconee County for approval. The contract–legally an intergovernmental agreement–defines how the two Counties will manage and finance the proposed reservoir on Hard Labor Creek, in Walton County.
Ownership is clear. Everything belongs to the Walton County Water and Sewage Authority, whose members are appointed by the Walton County Board of Commissioners.
The agreement calls for the creation of an Advisory Committee, made up of the Chairman of the Walton County Water and Sewage Authority, the General Manager of the Walton County Water and Sewage Authority, and the Chairman of the Walton County Board of Commissioners, which appoints the Walton County Water and Sewage Authority. Each could designate someone else to serve in his or her place.
Oconee County is to be represented by the Chairman of the Board of Commissioners and the Chairman of the Oconee County Utility Department, who is appointed by the Chairman of the Oconee County Board of Commissioners. Or these two individuals can designate someone to represent them.
The Advisory Committee will advise the Walton County Water and Sewage Authority. This, by and large, means the Walton County Water and Sewage Authority will be advising itself. Oconee County will have little say about how things operate.
The Walton County Water and Sewage Authority will bill Oconee County for 28.8% of all costs. Oconee County will be obligated to pay the bills for land acquisition and construction of the reservoir based on property taxes. The County can use revenue from the sale of water to pay the annual project costs.
Oconee County has used very extreme estimates of water needs and sales to justify joining Walton County on the Hard Labor Creek project. If the estimates are wrong, as they are likely to be, the annual bills are going to have to be paid by property taxes as well. To pay the bills, the County has to sell water, so it is going to be promoting development to pay for this reservoir.
The more water that comes in to the County, the more that has to be treated at the County’s sewage plants. This means the Rocky Branch sewage plant is going to be expanded, pumping even more sewage water into Barber Creek.
At this point, the most important thing is that this agreement be discussed in an open meeting at which citizens have an opportunity to ask questions and state opinions. Two Commissioners–Margaret Hale and Chuck Horton–voted against joining with Walton County for the reservoir. We need one more vote to make sure that Oconee County doesn’t enter into a contract with disastrous results.
Write to the Commissioners today. If you feel comfortable surrendering control over your taxes to Walton County, please say so. If you want an open discussion in which the Commissioners have to justify putting Walton County in charge of Oconee County tax revenue, please write and say that.
Here is the contact information:
Melvin Davis, (Chairman), mdavis@oconee.ga.us
Margaret Hale, margarethale@oconee.ga.us and marghale@aol.com
Chuck Horton, chorton@oconee.ga.us
Jim Luke, jluke@oconee.ga.us
Don Norris, dnorris@oconee.ga.us
Tuesday, June 05, 2007
Written 6/5/2007
Why We Don't Need Staggered Terms
Oconee County voters who turn out to vote on June 19 for the 10th Congressional race may be surprised to find another issue on the ballot.
Voters also will be asked if they want to stagger the terms of the members of the Board of Commissioners, instead of choosing all five members of the Board at the same time, as is now the case. In a given election year, two or three members of the Board would be up for election; two years later, the remainder would be elected.
The goal of the initiative is to keep voters from turning out all five members of the Board at any election.
Proponents are seeking consistency and predictability in Board decision-making.
Opponents aren’t afraid of change. They trust the voters.
The issue is on the ballot because the current Board said it was afraid of big changes. The resolution calling for staggered terms passed unanimously by the Board on October 4, 2005, said a “lack of continuity and loss of institutional knowledge would cause harm detrimental to the citizens of Oconee County.”
Oconee County Commissioners have talked about moving to staggered terms since at least 2001.
The Board finally decided to initiate the change after Jim Luke defeated incumbent Johnny Pritchett and Chuck Horton defeated incumbent Bubber Wilkes in the primary in 2004 and two other incumbents, Don Norris and Margaret Hale, were forced into a runoff. Hale and Norris survived the runoff (Norris by only 129 votes), but for the three weeks between the July 20 primary and the August 10 runoff, it appeared that Chairman Melvin Davis could be facing four new Commissioners.
Oconee County has a very strong Chairman system, and the four members of the Commission are the only real week-to-week check on the Chairman’s activities.
Davis has been particularly strong in arguing for staggered terms. He was quoted in the Athens Banner-Herald just before the Board voted in 2005 saying “One advantage of having staggered terms is that it provides continuity and experience on the Board.”
Had voters tossed out Norris and Hale, as they nearly did, they would have sent a strong signal that they didn’t want that kind of continuity and were seeking a different kind of expertise.
Expertise is of many sorts, of course, and one of them is expertise in how the system operates. If citizens toss out all the Commissioners, they are saying they want things done differently. They want “outsiders,” rather than “insiders,” making the decisions.
Commissioners get training in the basics of governance from the Carl Vinson Institute of Government, the Association County Commissioners of Georgia and other sources once they are elected. They learn how things are done locally from the other Commissioners and from the County’s department heads.
Chairman Davis likes to point out that a majority of Georgia’s counties have staggered terms. He’s right. Of the 150 counties with more than one member on the board, 108 have staggered terms, according to statistics compiled by the Association County Commissioners of Georgia for 2006.
All that says is that other Boards of Commissioners also don’t trust the citizens who elect them.
Davis doesn’t like to mention that an even larger majority of those counties (128 of 150) elect board members by districts. “We will not have districts,” Davis was quoted as saying in The Oconee Enterprise in September 22, 2005.
Davis and the Board did not hold a public hearing to ask voters how they felt about districts or staggered terms. They simply asked local state Rep. Bob Smith and then Sen. Brian Kemp to introduce legislation setting up staggered terms.
The legislation that was drafted in 2006 didn’t include the post of Chairman, for some reason, and it was never passed. Rep. Smith and current Sen. Bill Cowsert started over again this year.
Neither Smith, nor Kemp, nor Cowsert sought input from citizens.
The bill introduced in the state House of Representatives by Smith put the issue on the ballot in November of this year and is to take effect January 1, 2008. Cowsert moved the election date to June 19 in the Senate. That bill passed on April 10 and was signed by Governor Sonny Perdue on April 19.
The Commission Posts held by Hale and Norris would be filled for two years in the 2008 elections, according to the legislation; the Chairman and the Commission Posts held by Horton and Luke would be filled for four years.
A special election for the staggered term vote in November probably would have had low turnout, since only those favoring or opposing staggered terms would make the effort to vote. That could have led to its defeat.
The June 19 Congressional election is drawing a lot of attention, particularly among Republicans. Ten candidates--six Republicans, one Libertarian and three Democrats--are seeking the seat that was held by deceased Republican Congressman Charlie Norwood.
When the Oconee County Board of Education put a similar staggered term vote on the ballot in November of 2006, it was approved by 90 percent of the voters. It was tucked in with 11 other amendments and referenda at the end of the busy ballot.
Both Cowsert and County Attorney Dan Haygood said the switch to the June 19 ballot was made to save money.
Both the Banner-Herald and the Enterprise last wrote about staggered terms when they reported that the governor had signed the bill. Both noted that the U.S. Justice Department still needed to review the legislation to make sure it did not violate the federal Voting Rights Act of 1965.
According to County Attorney Haygood, the County still has not heard from the Justice Department.
The County ran legal notices in the Enterprise on May 10 and 17 announcing the election. The sample ballot on the County web site includes the question on staggered terms.
Haygood said if the Department of Justice does not approve the legislation in time for the June 19 election–he said he expects to hear two or three days before that–the vote on staggered terms on June 19 will be “void.” The County then will hold the election in November, as originally planned.
People who come out to vote in the hotly contested Congressional race may well pull the lever for what seems to be an innocuous change in the voting for members of the Board of Commissioners.
But a vote in favor of staggered terms weakens the hands of citizens by making it impossible to bring about big changes all at once.
It is a right we should retain.
Why We Don't Need Staggered Terms
Oconee County voters who turn out to vote on June 19 for the 10th Congressional race may be surprised to find another issue on the ballot.
Voters also will be asked if they want to stagger the terms of the members of the Board of Commissioners, instead of choosing all five members of the Board at the same time, as is now the case. In a given election year, two or three members of the Board would be up for election; two years later, the remainder would be elected.
The goal of the initiative is to keep voters from turning out all five members of the Board at any election.
Proponents are seeking consistency and predictability in Board decision-making.
Opponents aren’t afraid of change. They trust the voters.
The issue is on the ballot because the current Board said it was afraid of big changes. The resolution calling for staggered terms passed unanimously by the Board on October 4, 2005, said a “lack of continuity and loss of institutional knowledge would cause harm detrimental to the citizens of Oconee County.”
Oconee County Commissioners have talked about moving to staggered terms since at least 2001.
The Board finally decided to initiate the change after Jim Luke defeated incumbent Johnny Pritchett and Chuck Horton defeated incumbent Bubber Wilkes in the primary in 2004 and two other incumbents, Don Norris and Margaret Hale, were forced into a runoff. Hale and Norris survived the runoff (Norris by only 129 votes), but for the three weeks between the July 20 primary and the August 10 runoff, it appeared that Chairman Melvin Davis could be facing four new Commissioners.
Oconee County has a very strong Chairman system, and the four members of the Commission are the only real week-to-week check on the Chairman’s activities.
Davis has been particularly strong in arguing for staggered terms. He was quoted in the Athens Banner-Herald just before the Board voted in 2005 saying “One advantage of having staggered terms is that it provides continuity and experience on the Board.”
Had voters tossed out Norris and Hale, as they nearly did, they would have sent a strong signal that they didn’t want that kind of continuity and were seeking a different kind of expertise.
Expertise is of many sorts, of course, and one of them is expertise in how the system operates. If citizens toss out all the Commissioners, they are saying they want things done differently. They want “outsiders,” rather than “insiders,” making the decisions.
Commissioners get training in the basics of governance from the Carl Vinson Institute of Government, the Association County Commissioners of Georgia and other sources once they are elected. They learn how things are done locally from the other Commissioners and from the County’s department heads.
Chairman Davis likes to point out that a majority of Georgia’s counties have staggered terms. He’s right. Of the 150 counties with more than one member on the board, 108 have staggered terms, according to statistics compiled by the Association County Commissioners of Georgia for 2006.
All that says is that other Boards of Commissioners also don’t trust the citizens who elect them.
Davis doesn’t like to mention that an even larger majority of those counties (128 of 150) elect board members by districts. “We will not have districts,” Davis was quoted as saying in The Oconee Enterprise in September 22, 2005.
Davis and the Board did not hold a public hearing to ask voters how they felt about districts or staggered terms. They simply asked local state Rep. Bob Smith and then Sen. Brian Kemp to introduce legislation setting up staggered terms.
The legislation that was drafted in 2006 didn’t include the post of Chairman, for some reason, and it was never passed. Rep. Smith and current Sen. Bill Cowsert started over again this year.
Neither Smith, nor Kemp, nor Cowsert sought input from citizens.
The bill introduced in the state House of Representatives by Smith put the issue on the ballot in November of this year and is to take effect January 1, 2008. Cowsert moved the election date to June 19 in the Senate. That bill passed on April 10 and was signed by Governor Sonny Perdue on April 19.
The Commission Posts held by Hale and Norris would be filled for two years in the 2008 elections, according to the legislation; the Chairman and the Commission Posts held by Horton and Luke would be filled for four years.
A special election for the staggered term vote in November probably would have had low turnout, since only those favoring or opposing staggered terms would make the effort to vote. That could have led to its defeat.
The June 19 Congressional election is drawing a lot of attention, particularly among Republicans. Ten candidates--six Republicans, one Libertarian and three Democrats--are seeking the seat that was held by deceased Republican Congressman Charlie Norwood.
When the Oconee County Board of Education put a similar staggered term vote on the ballot in November of 2006, it was approved by 90 percent of the voters. It was tucked in with 11 other amendments and referenda at the end of the busy ballot.
Both Cowsert and County Attorney Dan Haygood said the switch to the June 19 ballot was made to save money.
Both the Banner-Herald and the Enterprise last wrote about staggered terms when they reported that the governor had signed the bill. Both noted that the U.S. Justice Department still needed to review the legislation to make sure it did not violate the federal Voting Rights Act of 1965.
According to County Attorney Haygood, the County still has not heard from the Justice Department.
The County ran legal notices in the Enterprise on May 10 and 17 announcing the election. The sample ballot on the County web site includes the question on staggered terms.
Haygood said if the Department of Justice does not approve the legislation in time for the June 19 election–he said he expects to hear two or three days before that–the vote on staggered terms on June 19 will be “void.” The County then will hold the election in November, as originally planned.
People who come out to vote in the hotly contested Congressional race may well pull the lever for what seems to be an innocuous change in the voting for members of the Board of Commissioners.
But a vote in favor of staggered terms weakens the hands of citizens by making it impossible to bring about big changes all at once.
It is a right we should retain.
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