Thursday, April 22, 2010

County Attorney Presents Draft Ethics Ordinance to Oconee County Commissioners

Anyone Can Complain

Oconee County Attorney Daniel Haygood presented the Board of Commissioners an 11-page draft ethics ordinance Tuesday night that spells out ethical standards and sets up conditions for creation of a Board of Ethics to hear complaints about Board members.

The ordinance says, among other things, that commissioners shall not have an interest in any contracts or transactions affected by their actions, attempt to influence a county officer making country purchases, withhold information from county boards or departments or make unauthorized use of county property.

The draft ordinance states that anyone can initiate a complaint against a Board member. The complaint will be reviewed initially by the county attorney and, if it involves a commissioner, forwarded to a special master. If the special master determines that the complaint has merit, the master will appoint an ad hoc ethics board to hear the complaint.

Commissioners found in violation of the ethics ordinance could receive a warning, censure or reprimand, be made to make repayment to the county for any unjust enrichment, be asked to resign and be referred to criminal authorities for prosecution.

Haygood drafted the ordinance at the request of the Board and forwarded it to members along with a Draft Model Ethics Ordinance for Counties prepared by the Association County Commissioners of Georgia,

Haygood also sent to the board an analysis of ethics ordinances prepared by the Carl Vinson Institute of Government at the University of Georgia for Gwinnett County.

Following the presentation of the draft ordinance, the Board decided to schedule an open work session to discuss further the ordinance after the Board has completed its budget deliberations. The Board is schedule to vote on the budget on June 1.

County Administrative Officer Alan Theriault proposed that he put the materials provided by Haygood on the web for the public to view, but Commission Chairman Melvin Davis said he wanted to wait until after the work session to share the documents with the public.



I obtained the documents via an open records request and have placed them on Google Documents as public files.

Commissioner John Daniell has taken the initiative in pushing for an ethics ordinance since he joined the Board in January of last year.

Daniell also pushed another of his interests at the meeting on Tuesday night in proposing a special, town-hall style meeting to discuss economic development in the county.

Theriault was instructed to set up the meeting and invite not only the general public but members of the Chamber of Commerce and others interested in finding ways to promote economic development in the county.

Oconee County and Athens/Clarke County officials have discussed collaborative efforts at development in recent years, and Daniell has been a proponent of consideration of these.

He indicated that all such issues should be discussed at the as yet unscheduled town hall meeting.

Here are the three documents:

Ethics Ordinance for the Oconee County Board of Commissioners (Haygood)

Draft Model Ethics Ordinance for Counties (ACCG)

County Ethics Ordinances: An Analysis and Comparison (CVIOG)

Wednesday, April 21, 2010

Oconee County Utility Department Proposes Water and Sewer Rate Increases

BOC Questions Rate

The Oconee County Utility Department has proposed increases in water and sewage fees beginning on July 1 that–if approved by the Board of Commissioners–would increase the base fee for monthly residential water use from $16.50 to $19 and the base monthly residential sewer fee from either $12.48 or $15.48 to $18.

The increases are necessary, according to Utility Department Director Chris Thomas, to cover the increased costs for operation of the department, including the cost of retirement of debt for water and sewage capacity expansion.

Commissioners Jim Luke and Chuck Horton asked Thomas at the budget hearings on April 14, when the rate increase proposal was announced, to try to find a way of increasing revenues without increasing the base water rate itself.

Thomas said he would try.

Last year, Thomas asked the commissioners to approve an increase in the base water rate from $14.04 to $18.50, but the commissioners reduced the increase to the $16.50 figure. Thomas told the Board that he was merely seeking this year to get the rate increase he had asked for but been denied a year earlier.

The base rate is what the 8,700 commercial and residential water customers pay for the first 2,000 gallons of water used, and customers pay that amount whether they use 1 or 2,000 gallons.

For residential users, water rates increase in steps after that base rate. Under the proposal submitted by Thomas, residential customers would pay 5 percent more next year than this for water used beyond the base amount.

For example, customers using between 2,001 and 5,000 gallons per month would pay $4.10 per 1,000 gallons over the base 2,000 gallons, up from $3.90 at present.

Commercial customers would pay $5.15 per 1,000 gallons beyond the base 2,000, up from $4.90. The rate stays the same for commercial users regardless of amount of water used.

Sewer users now pay different rates depending on which sewage plant treats the waste, and under the new rate schedule the differences would be eliminated.

The base rate of $18 for residential users would cover treatment for 2,000 of sewage, with additional treatment at $3.70 per 1,000 gallons, up from the current rates of either $3.22 or $2.84.

Commercial sewage customers would pay $30 for from 0 to 2,000 gallons under the new rate, up from either $22.51 or $25.51. Commercial rates for treatment beyond that base level would be at $4.05 per 1,000 gallons, up from $2.84 or $3.52.

Thomas had proposed sewage rate increases last year, and those were approved by the Board as requested. Residential rates increased from $12.48 to $15.48.

The county only has about 1,200 sewage customers.

On April 1, 2008, the Utility Department increased water rates, but only for those using more than 5,000 gallons per month.

The overall budget for the Utility Department that Thomas proposed increased from $5,549,676 in fiscal year 2010 to $6,385,676 for fiscal year. That included an increase in service on debt of from $445,000 in the current fiscal year to 880,099 in the upcoming fiscal year.

At the April 14 meeting, Thomas said the increased debt was the result in part of the county’s decision to partner with Walton County on the Hard Labor Creek reservoir.

When the Hard Labor Creek reservoir was proposed, proponents said debt would be covered by the sale of water to new customers rather than by existing customers.

Tuesday, April 20, 2010

Four of Five Oconee BOC Members Say Courthouse Property Not Discussed

One Man Out

At least four of the five members of the Oconee County Board of Commissioners said tonight that a report in the Athens Banner-Herald on Monday that the Commission is pricing various lots around the courthouse and near the jail in preparation for building a new judicial facility is wrong.

The only member who did not deny the newspaper story was Chairman Melvin Davis, who was quoted in the paper by reporter Erin France as making the claim that the commissioners were looking at properties and checking into the potential costs of the properties.

I asked the members of the Commission to respond to the newspaper story. Since no discussion had taken place in public, I said I was assuming the discussion had taken place in secret or executive session.

Davis said he thought the way to respond to my question “was to put some information on our web site” so everyone has a chance to see it.

But the other four commissioners had different answers.

“I don’t think there has been anything done in secret on this,” Commissioner John Daniell said.

“I don’t think there has been any discussion of land prices in executive session or even pieces of land,” Commissioner Jim Luke said.

“I’m not aware of discussions in executive session,” Commissioner Margaret Hale said.

“It never happened,” Commissioner Chuck Horton said.



I asked the commissioners during the public comment section of the agenda-setting meeting to respond to the story in the Banner-Herald and indicate at least the “parameters of the discussions” that had taken place.

I also asked them to indicate how the public would be involved in the decision in the future.

All made promises that the process would be open as it progresses.

At the agenda-setting meeting of the BOC on March 30, Commissioner Jim Luke used the commissioner comment section at the beginning of the meeting to emphasize that no decisions on the courthouse had been made or were even imminent.

The Oconee Enterprise wrote just the opposite in its report on the meeting, saying that the Board had made a decision.

The story in the Banner-Herald on Monday was the first time the paper wrote about the assertions of Davis, Luke and others that any decision about a courthouse would come in the future after additional public discussion.

The second-to-the-last paragraph of the 23-paragraph story, however, said the following:

The commission is pricing various lots around the courthouse near the jail, Davis said, checking into the potential costs of various scenarios the planning committee considered.

The reference to the planning committee is to the Land Use and Transportation Planning Committee, which deliberated on the issue for a year but never considered specific properties and simply recommended that the county separate the court and administrative offices and move the former to somewhere near the jail.

+++

Chairman Davis posted his response to my question on the county web site on April 22, 2010.

Monday, April 19, 2010

Oconee Farmers Market To Launch on May 8; Strolls at Harris Shoals Start A Week Earlier

Watkinsville a Destination

Oconee County’s Farmers Market will launch its 2010 season on May 8 in the area behind and beside Eagle Tavern in Watkinsville.

Russ Page, one of the two members or the Board of Directors of the market, told me that the decision on the start date was made last evening in a meeting at the library in Watkinsville attended by himself and Board Member Jamie Swedberg as well as about a dozen vendors.

Page said about 25 vendors have expressed an interest in participating in the market this year.
 
Another event, launched last year by Oconee Democrats, will start in Watkinsville on May 1.

The Saturday Strolls, which last year began at the courthouse across the street from the Farmers Market, will be based this year at Harris Shoals Park on Experiment Station road.

Brad Sanders, an authority on the naturalist William Bartram, will lead the May 1 stroll and talk about the landscape Bartram saw when he visited the North Oconee River in the summer of 1773.

Robert Wyatt, adjunct professor of ecology at the University of Georgia, will lead the stroll on May 8, the date the Farmers Market gets underway. Wyatt will identify trees and shrubs on his tour.

Pat Priest organized the strolls last year and has done so again this year. The stroll lasts for an hour. Participants make a $5 contribution to the cause of choice of the stroll leader.

Contributions to the stroll led by Sanders will go to the Bartram Trail Conference, while contributions to the Wyatt stroll will go to the Oconee River Land Trust.

Last year's Saturday Strolls series raised more than $1,000 for non-profits in the area, according to Priest.

The series this year is scheduled to run through July 31.

The Farmers Market, which started in 2004 on the front lawn of Eagle Tavern and moved to the rear last year to accommodate more vendors, has helped make Watkinsville a Saturday destination.

Vendors frequently sell fruits and vegetables, fresh flowers, homemade baked goods, jellies, jams and preserves.

Other attractions in Watkinsville are the shops on Main street and The Granary Bakery and Country Store and Jittery Joe’s at the south end of downtown.

Big Easy, Krimson CafĂ© and Miss Gail’s, all at the Barnett Shoals and SR15 intersection, offer lunches.

Thomas Orchards, at the US 441 bypass west of downtown, already is open for the season selling plants and garden supplies, as well as the usual flavors of ice cream.

Jerry Thomas told me on Saturday he expects to have South Carolina peaches for sale in the middle of May and his own peaches available a month later.

Sunday, April 18, 2010

Oconee County BOC Holding Occupancy Permit as Leverage on Storage Site

The Brick Facade Problem

When the Oconee County Board of Commissioners approved a second rezone request and conditional use permit for Oconee Safe Storage on Hog Mountain road on Dec. 1, it tried to use some leverage with the owner.

The Commission was upset that one of the buildings–the tallest and most visible from Hog Mountain road and labeled Building No. 5 on the plans--had a grayish-green metal rather than brick facade.

This was true despite the fact that the property owner, Rose Creek Development LLC, had promised to have brick facades on building exteriors facing Hog Mountain road when it asked for the original rezone for the site back in 2006.

The metal, rather than brick, had several of the commissioners upset, Commissioner Chuck Horton most notable among them.

To fix this discrepancy, the commissioners wrote into the zoning ordinance passed on Dec. 1 the requirement that “All building exteriors visible from public streets shall have brick or brick face facades.”

And to make sure Oconee Safe Storage managers got the point, the Commission said that the county would not issue a Certificate of Occupancy for the lower level of Building No. 5 until the brick facade problem was fixed.

Oconee Safe Storage has solved the brick facade problem rather simply.

It hasn’t asked for a Certificate of Occupancy for the bottom level of Building No. 5.

And the county has done the only things left open to it.

Nothing.

Passers-by on Hog Mountain road--as well as any of the often numerous cows and calves on the neighboring USDA pastureland--that happen to look are seeing metal rather than brick on the back and visible side of Building No. 5, though there is no evidence the cows and calves recognize the difference.

In fact, it was the amount of space, not the metal facade, that brought Oconee Safe Storage back to the Commission on Dec. 1.

To date, the county has issued three Certificates of Occupancy for Oconee Safe Storage, a review of the file in Code Enforcement office shows.

The first was on Feb. 24 for 684 square feet of heated space–the office building.

The second was on Feb. 27, was temporary, and was for 50,810 square feet of unheated space–the eight storage buildings, including Building No. 5.

On March 30, 2009, the county issued a new, non-temporary permit for the eight storage buildings, including Building No. 5.

What caught code enforcement’s attention, according to B.R. White, head of the county Planning Department, was that the office building was actually 1,270 square feet in size, rather than the 684 covered by the Occupancy Permit issued on Feb. 24.

And, with the two stories of Building No. 5, the total storage space was 68,210 square feet, not the 50,810 covered by the permanent permit issued on March 30.

Code enforcement discovered that discrepancy when doing inspection before the occupancy permit were issued, White told me in December.

Until Oconee Safe Storage needs the extra space in Building No. 5 or has some other reason to want the new Certificate of Occupancy, passers-by–and the cows and calves on the USDA farms–will be looking at gray-green metal instead of brick on Building No. 5.

Saturday, April 17, 2010

One of Two Businesses at Busy Oconee County Intersection Still Operating

Pine Straw and Fire Wood

All About Pinestraw still had its sign up today and was continuing sales at the intersection of US 441 and Hog Mountain road even though the location is not properly zoned for commercial activity.

Steve Hansford, director of code enforcement for Oconee County, has given Tyler McClure, 1050 Townside way near Bishop, until June 15 to begin the process of rezoning the property.

If McClure does not start the rezone process, he will have to close the business on June 15, according to a letter Hansford sent to McClure on April 6.
Hansford told McClure in the letter that he had made a mistake when he issued McClure a business license on Dec. 23, 2009.

“I believed that the whole property was zoned Business-B2,” Hansford wrote in his letter of April 6. “However, only a narrow strip across the front of the property is zoned B-2 and therefore, for you to operate a business at this location the whole piece of property will need to be rezoned.”

The pine straw retail and wholesale business is the second to pop up this year on property off a spur of Hog Mountain road left over when the intersection of that road and US 441 was reconfigured years ago.

The other business, selling firewood, has closed down its operation, Hansford told me yesterday, though a truck partially loaded with firewood was on the site today.

In the firewood case, Hansford had written on Feb. 24 to Sandy Callaway of S.C. Logging, 1080 Red Oak court, south of Barnett Shoals road near the Oconee River, asking for a copy of “your sales tax certificate for retail selling of firewood” or a letter from the Department of Revenue indicating that none was needed.

On March 2, Hansford followed that with a letter to Callaway saying that he had not received an answer to the Feb. 24 letter and that Callaway’s license would be revoked in 15 days if Hansford had not heard from Callaway.

In the second letter, Hansford said he needed “copies of your sales tax certificate, copies of your Liability and Workers Comp insurance and a notarized statement from the property owner giving you permission to operate a business on their property.”

I had filed an open records request for the files of Code Enforcement on these two businesses on April 9. The records, which I reviewed yesterday, did not contain any response from Callaway to either letter.

Hansford told me yesterday that the license had been revoked.

“He’s gone,” Hansford told me.

Code Enforcement had issued S.C. Logging a business license on Jan. 5, 2010, according to the file I reviewed.

According to county tax records, the property on which S.C. Logging was operating is owned by Colette Harben, 1841 Robin Hood road, off Hog Mountain road west of Butler’s Crossing. No part of the 3.5 acre property from which the firewood was sold is zoned for business.

In fact, according to B.R. White, planning director for the county, all the properties fronting Hog Mountain road on its north side between Welbrook road and US 441 are zoned AR-1, for agriculture and residential use, except a small strip at the front of the property being used by All About Pinestraw.

The property on the south side of Hog Mountain road is commercial and is occupied by the Racetrac gas station and convenience store.

The county’s unified development code allows logging on AR-1 property, but not a temporary sawmill or a chip mill. Support activities for forestry would require a special use permit on an AR-1-zoned property.

The property with the pine straw operation is owned by Toccoa 85 L.P. of 1040 River Run outside Bishop. According to the Georgia Secretary of State database, the registered agent for Toccoa is George Howington of the 1040 River Run address.

White said he assumed that the strip of commercial land at the front of the 1.7 acre property had been classified as business earlier and had been affected by the US 441 widening.

I asked White about the firewood and pine straw operations when I visited him on April 9. I told him I passed the sites nearly every day, had not remembered any rezone for the area and was curious about them.

White told me that his office had received an inquiry about the firewood sales back in January and he had referred the matter to Code Enforcement.

The Planning Department and Code Enforcement both operate out of the Courthouse Annex building across the street from the main courthouse building in Watkinsville.

Deanna Ruark of the Planning Department confirmed at the end of the day on Friday that McClure of All About Pinestraw has not yet started the process for a rezone of the property on which he is operating.

Thursday, April 15, 2010

Four Resources in Oconee County Get Regionally Important Designation

List Can Change

The Council of the Northeast Georgia Regional Commission voted unanimously today to include Elder Mill, Elder Mill Bridge, the Athens Line and the Apalachee River on the list of 25 Regionally Important Resources for the 12-county region.

The four Oconee resources were granted special status that will require the Northeast Georgia Regional Commission to take them into consideration when it reviews development projects with regional impact that are within a mile of the resources.

Melvin Davis, chairman of the Oconee County Board of Commissioners and a member of the NEGRC Council, had expressed reservations about the inclusion of the Athens Line–the rail line connecting Athens to Madison–on the RIR list, but he did not voice those reservations publicly at the meeting today.

Watkinsville Mayor Joe Walter, the municipal representative of Oconee County on the Council, had already voted for the Oconee County proposals as a member of the Planning Advisory Committee that screened nominations and presented the recommendation to the Council today.

The third Oconee County member of the Council–designated as a citizen representative–is Amrey Harden, president and CEO of Oconee State Bank.

Davis, Harden and Walter sat together at the luncheon meeting at the Holiday Inn in Athens. None of them spoke during the brief discussion of the 25 nominated resources prior to the vote.

At the Oconee County BOC meeting on March 30, Davis expressed reservations about designation of the Athens Line as a regionally important resource because, he said, such a designation might have an adverse effect on future development in the county.

Commissioner Jim Luke first raised the issue of the Athens Line at the March 30 meeting, and Davis spoke in support of him.

Commissioner Chuck Horton said he was concerned that landowners were not consulted in the designation process, and Commissioner Margaret Hale said she was concerned that she hadn’t been informed of the designation before the April 30 meeting.

Jerry Roseberry, a Newton County representative on the Planning Advisory Committee, presented the Committee’s recommendations to the full Council and reassured the group that nothing had changed about the basic nature of the NEGRC review process as a result of the RIR designation.

NEGRC reviews remain only advisory to counties, he said.

In addition, Roseberry told the group that resources could be added or removed from the list in the future.



Though Oconee County officials could have submitted resources for possible inclusion on the RIR list, none of them did so.

Tony Glenn, acting on his own, submitted the Athens Line proposal. The Friends of Elder Mill and Elder Mill Bridge submitted the Elder Mill and Elder Mill Bridge nomination.

Glenn and Russ Page, who spearheaded the Elder Mill and Elder Mill Bridge nominations, attended the meeting today, but neither of them spoke.

The Athens Line runs from downtown Athens to Madison in Morgan County so was listed as a resource for all three counties.

The Apalachee River was listed as a resource for Barrow, Greene, Morgan, Oconee and Walton counties.