Appeal Ruling Is Decided In Battle For Service Delivery Area

The board has given serious consideration and deliberation to the matter of appealing the state Appellate’s Court decision, upholding the Superior Court, to the Supreme Court,” said Jim Brown, chairman of the Alcovy Shores Water & Sewer Authority (ASWA).

“It is with some reluctance that we have unanimously agreed not to further pursue the matter. Therefore the matter put before the courts is closed.”

With those exact words, Chairman Brown announced the authority’s intentions not to continue the legal battle for the exclusive five mile radius that members felt was granted the authority through legislation.
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The decision came Tuesday during a called meeting that was scheduled as a result of unfinished business from their quarterly meeting held last Thursday. Chairman Brown, Bobby McDaniel and Mary Ann Hyde entered into executive session Tuesday to review the Georgia Appellate Court ruling handed down last week.

ASWA attorney Joseph Reitman informed the chairman of the appellate court’s decision via email last Thursday.

Without having read a copy of the transcript last week and the attorney requesting a five-day notification to file an appeal to the appeal, authority members voted then to appeal the decision. However that sentiment changed during this week’s called meeting.

Prior to the executive session, ASWA customer Cathy Benson urged authority members to “continue the fight until the service delivery area is redone.”

Action taken Tuesday included the review and approval of the 2006 budget for $120,844.
Authority members also approved sending a letter to water customers notifying them of the new drop box for payments. Customers were also made aware of recent property damages to the office and new water tank that could result in increased water rates in order to cover property repairs.

To that end, Mrs. Hyde informed the Sheriff’s Department of the recent damages and that Sheriff Charles Roper said that he would increase patrolling of that area in an effort to catch the perpetrators.

On Tuesday, authority members also voted to table approving any estimates on renovating the standpipe tank until sources of revenue were determined.
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During last Thursday’s meeting, authority members reviewed a letter from the Dept. of Community Affairs granting the authority certification from the state agency.

Action taken last week included:
•Approval of office driveway repairs at a cost of $700. Pitts Paving was to provide and spread two loads of crush and run materials.
•McNair, McLemore & Middlebrooks of Macon was approved to do the 2005 audit for organization.

•Voted not to increase water rates at present time but the decision could be subject to change in six months.
•Agreed to draft a letter to customers informing them of the payment drop box and acknowledging the recent property damages.