Bridge, Troubled
Waters Get Votes

Following months of debate and a deluge of citizen input on both sides of the issue, Mayor Doc Eldridge and the Athens-Clarke County Commission have applied 75-foot buffers to perennial lakes and streams countywide.
During its October 3 business session, which went on for six hours and ended at around 1 a.m., the Commission also approved the purchase of the abandoned Dudley Park rail trestle.
Citizens filed to the podium to speak for and against incorporating wider buffers on perennial lakes and streams into the new ACC development ordinance. The ordinance - which serves as the enabling legislation for the 20 year comprehensive land use plan - originally called for buffers of no less than 75 feet on all perennials. But some Commissioners had wanted to lower those buffers to as narrow as 25 feet - the minimum allowed by state law.
The state mandates 100-foot buffers on larger rivers, such as the Middle Oconee and the portion of the North Oconee south of its confluence with Trail Creek.
Athens resident Tim Johnson reminded the Commission that water pollution burdens all downstream property owners, and that Realtors and developers - some of whom oppose a "blanket" buffer ordinance - were also against using individual site surveys to determine adequate buffer size.
Protecting waterways is important to Clarke County's economy, said States McCarter, Democratic candidate for ACC Commission District 8. (Current District 8 Commissioner Ken Jordan is retiring at the end of this term.) McCarter said water degradation will stop development in Georgia.
Carl Jordan, Democratic candidate for Commissioner Marilyn Farmer's District 6 seat, reprimanded Commissioners for allowing "now you see it, now you don't" changes to the development ordinance. Jordan pointed to a substantial change to the riparian provision that appeared in the April draft of the ordinance.
That alteration, made with no public notification or input, reduced buffers on four major streams (McNutt Creek, Cedar Creek, Trail Creek and Sandy Creek) and gave Athens' sewer discharge a wider buffer than its drinking water.
Jordan also protested the "stealth" removal of a requirement to survey development sites for smaller, unmapped waterways, which he said was a violation of state law.
Riparian zones in the ordinance are based on 1989 US Geological Survey maps.
"Save the money and forget the maps," Jordan said. "It's really quite simple."
Concerns of those opposed to larger buffers centered primarily on development and property rights issues.
Brian Kemp, a member of the land use plan's development ordinance steering committee, spoke on behalf of the Athens Area Home Builders Association. He said his group supports 50-foot buffers, and asked that development in progress be addressed.
Michael LeHoullier, now campaigning against Commissioner John Barrow for his District 4 seat, said a "quality" 50-foot buffer, comprised of shrub rows, trees and grass, would be most effective.
Commissioner Jordan made a motion to set buffers at 100 feet on all of the North Oconee, on Trail Creek from the North Oconee to the Madison county line, and on Sandy Creek from the North Oconee to Jackson County - thus protecting Athens' drinking water supply to Clarke County's borders. Commissioner Barrow seconded the motion.
Commissioner Hugh Logan said he was "confused" about which waterways were being discussed. Logan questioned the rationale for setting higher buffers on Clarke County waterways than those applied by surrounding counties.
"The issue ought to be in Atlanta rather than here," Logan said.
Logan indicated he would support 100-foot buffers on the larger creeks, but added grudgingly: "When we get to the tributaries, that's going to be a different story."
He then asked if the acreage affected by the respective buffers had been calculated.
ACC planning staff provided those numbers to the Commission at a September 28 work session - a session Commissioner Logan attended.
The Commission approved Jordan's motion 10-0.
Commissioner Linda Ford then read from a prepared statement, saying that 30-to-50-foot buffers are sufficient for perennial lakes and streams. She said methods other than buffers, such as porous pavement and on-site sediment controls, could be used to control pollutants.
"We all want to be good stewards," said Logan, who then suggested the Commission stick to state minimums to keep from imposing a "tremendous hardship" on property owners.
According to data provided by ACC planning staff to Logan and the other Commissioners, a 75-foot buffer on perennial lakes and streams will "constrain" a total of 25 privately owned acres in Athens-Clarke County by 50 percent or more. None of those properties are 100 percent regulated by a buffer.
Nevertheless, Logan made a substitute motion to enact the state minimum buffer of 25 feet (which would have constrained .342 acres by 50 percent or more).
Commissioner Alvin Sheats said that the Commission would be "encrotching" [sic] on the "Constitutional rights" of property owners by enacting wider buffers.
Commissioner Barrow pointed out that laws predating the Constitution restricted putting anything into the water other than what "God himself gave you." Barrow noted that the community will eventually be responsible for cleaning up pollution from individuals.
"Special rights mean special responsibilities," he said.
Sheats said he agrees that property owners should be liable for any contamination they cause.
With that, the Commission voted on Logan's motion for 25-foot perennial lake and stream buffers. Commissioners Logan, Sheats and Charles Carter cast the only three "yes" votes.
Carter then made a motion for 50 feet. Several Commissioners rushed to second the motion; it was credited to Harry Sims.
The tension in the packed chamber mounting, the Commissioners voted 5-5. Voting "yes" were Carter, Sims, Sheats, Logan and Ford.
Without missing a beat, Mayor Eldridge cast the tie-breaking vote:
"Chair votes no."
Eldridge pounded his gavel to hush a smattering of excited applause. Commissioner Barrow made a motion for the adoption of 75-foot buffers; Commissioner Cardee Kilpatrick seconded.
Again, Clerk of Commission Jean Spratlin called the Commissioner's names, one by one. Each Commissioner who had voted "yes" for 50 feet voted "no" for 75. Another tie.
Eldridge: "Chair votes yes."
(Ironically, Farmer - who was expected to vote for 50-foot buffers - voted for 75; Sims - considered a proponent of 75-foot buffers - voted for 50.)
No action was taken to add the streams that were removed from the development ordinance, or to restore the field survey requirement.
Nearly every citizen who spoke regarding the Dudley Park rail trestle asked the Commission to approve its purchase.
The partially demolished bridge is over 100 years old, and sits on a rail line that was at one time Athens' principal link to the world. In July, three other historic downtown trestles were destroyed. The Dudley Park trestle, famous worldwide for its appearance on the back cover of R.E.M.'s 1983 album Murmur, was spared when Mayor Eldridge ordered a $5000, three-month option for the county to purchase it. (See City Pages, July 19 and July 26, on-line at flagpole.com.)
Jason Henderson said the ACC government has a record of paying "lip service" to alternative transportation issues. Henderson and many others want the trestle converted into a bike and pedestrian bridge as part of a Rails to Trails corridor from downtown to Athens' east side.
The trestle sits on a stretch of rail line abandoned by CSX Transportation. Athens-Clarke plans to negotiate with CSX to buy the right-of-way along the line, and expects to receive federal funds to assist with a purchase.
"Regardless of R.E.M., the trestle is a part of Athens," said Alfred Rucker. "It's a beautiful piece of property."
North Oconee River Greenway Commission chair Dick Field suggested Greenway funds be used to buy the trestle immediately and said the Greenway Commission would help gather public donations to cover the cost.
Murmurs.com., a popular R.E.M. fan web page, has launched a campaign to help pay for the bridge. The site is selling t-shirts and mouse pads reading "Save The Athens Trestle."
Michael LeHoullier told the Commission the trestle should be saved for its immediate historic value, and for its long term use as a transportation amenity. Paul Buchard said the trestle would serve to maintain a wheelchair accessible grade for any future rail-trail corridor. Buchard said that 11,000 miles of rail line nationwide have been converted into trails.
"Please don't assume that anyone over 25 is car-bound," said Dorothy O'Niell.
Among the speakers, Greg Yoder offered the lone voice of dissent. Yoder refrained from any remarks about the trestle as a transportation asset, but said he does not understand how a bunch of "chopped up creosote-impregnated poles" could suddenly be "deemed historic." It would be "absurd" for the county to buy the trestle, he said, "encumbering" the taxpayers with a "liability."
If "these people" want to purchase the trestle, Yoder said, "this is America," and they should use their own money.
"I think everybody knows where I am on this," said Mayor Eldridge. "This is the one chance we have to have a bona fide bike and pedestrian loop around Athens-Clarke County."
Eldridge recommended using SPLOST Greenway funds for the purchase and said he does not think the county will, in the end, spend any money for the trestle. Athens-Clarke will likely pay only three to five percent of the $7 million dollars CSX is asking for the right of way, he added.
Commissioner Tom Chasteen said it is important to remember Athens-Clarke County's commitment to alternative transportation.
"If you don't go the next step to link it up, you're just wasting money," he said.
Commissioner Barrow said he is "not at all convinced that no use can be made" of the trestle, and that he wants all potential uses as a bike and pedestrian bridge explored.
Commissioner Jordan said the Commission should approach the bridge as part of a "level" transportation corridor, and that it should start work on such a project soon.
Barrow made a motion to purchase the trestle with Greenway funds. Commissioner Ford seconded.
Commissioner Logan asked ACC Attorney Ernie DePascale if the "creosoted poles" would be a liability. DePascale answered that the trestle would "probably not" expose the county legally. Several Commissioners agreed, however, that the structure should be temporarily fenced off.
Logan was the only Commissioner to vote against buying the trestle.
In other business, the Commission approved Charles and Rebecca Floyd's controversial plans for a subdivision on Barnett Shoals Road (see City Pages, Sept. 13, at flagpole.com); postponed a vote on a privately owned rural housing development for mentally disabled residents; approved the establishment of the Community Tree Council; approved Commissioner Charles Carter's request to place a communications tower on his Beaverdam Road property; and rejected a request for a communications tower on Oak Grove Road.

Candidates Debate
Development Issues

If the first candidate debate of the election season offered any indication, land use will be the focus of the November Athens-Clarke County Commission races.
Hosted by the Athens Federation of Neighborhood and Community Associations and other local groups, a lively Oct. 2 voter forum featured all six candidates in contested Commission races: incumbent Democrat John Barrow and Republican Michael LeHoullier in District 4; incumbent Republican Marilyn Farmer and Democrat Carl Jordan in District 6; and Republican Jim Klein and Democrat States McCarter, who are vying for retiring District 8 Commissioner Ken Jordan's seat.
The candidates were by turns genial and acrimonious when comparing themselves to their opponents.
Barrow, District 4 Commissioner since the Athens and Clarke County governments unified in 1991, said "nobody has come out swinging harder" for adhering to the guiding principles of the land use plan than he has.
"If we don't do a better job of protecting rural lands and waterways now, we will pay more later on," Barrow said. Barrow was one of three Commissioners to support a moratorium on rezoning until the new ACC development ordinance is enacted.
"We have some serious problems with the land use plan," countered LeHoullier. A recent UGA graduate, LeHoullier said he decided to postpone the start of his teaching career after he was asked in March to run for Barrow's seat.
LeHoullier said Athenians should "compromise" to protect green space and to reconcile the common good with the "legitimate rights" of property owners.
"Economics and environment are not mutually exclusive," he said.
Farmer, who has held the District 6 seat since unification, emphasized her belief that the new land use plan should provide an incentive to cluster homes in outlying developments in order to preserve green space. "Conservation subdivisions" will do more to preserve the environment than large-lot zoning, she said.
"I think that we are all wanting the same things for Athens-Clarke County," Farmer added.
Jordan said the Commission could protect green space and property owners by implementing transferable development rights. He said that clustering will not lessen traffic congestion or infrastructure costs.
Jordan, who holds bachelors and masters degrees in economics, warned that unchecked rural development would result in increased property taxes for all of Athens-Clarke.
"Sprawl simply doesn't pay," he said.
Jordan remarked that there would be no need for a zoning moratorium if the Commission would stop approving inappropriate development.
Klein, a former member of the Clarke County school board, said he does not endorse a moratorium. If elected, Klein said, he has "no intention to support any spot zoning."
Klein said he voted against the 1996 SPLOST referendum, and that he advocates targeted property tax cuts and exemptions.
McCarter pointed out that the proposed development ordinance has more permissive rural zoning features than the current one.
"I don't know what the beef is, frankly," he said, referring to concerns of some rural property owners. McCarter said he is discouraged that the land use plan is being subverted by latecomers, and he criticized the Commission for being "very responsive" to special interests while ignoring citizens.
The Commission candidates will meet again for a land use forum hosted by the Athens Grow Green Coalition on Monday, Oct. 23 at 7:30 p.m. in UGA's Mahler Auditorium at the Georgia Center.

Nader Threatens
To Sue Commission

Running on more political steam than sleep the day after his dramatic expulsion from the grounds of the first presidential debate, Ralph Nader reaffirmed his plans for retaliation against the Presidential Debate Commission and summoned a blistering attack on two of New England's prominent Democratic senators.
At several points during a packed Oct. 4 campaign schedule that included stops in Providence, RI, and Hartford, New London, and New Haven, CT, Nader threatened a lawsuit against the debate commission to remedy what he called "one of the worst blunders the commission has made in the history of blunders and displays of arrogance."
On the night of the Oct. 3 Gore-Bush debate, Nader attempted to enter a University of Massachusetts auditorium broadcasting a live television feed of the debates with a valid ticket and later tried entering the area with a FoxNews team, both times to find himself removed from the premises by police acting on behalf of a debate commission representative.
Nader said he will request that the commission, which was founded by representatives of the Democratic and Republican parties, issue him a public apology and donate $25,000 to Harvard Law School's project on electoral reform. If the commission refuses this settlement, he said, "we'll see them in court."
Besides issuing this threat, Nader spent the day slinging barbs at Sens. Patrick Kennedy and Joseph Lieberman. In recent weeks, Nader has criticized Kennedy (D-RI) as a "bagman" and corporate lackey who has strayed from his family's populist roots. Nader's voice resonated loudly in the white marble hall of Rhode Island's state capital building as he railed against Kennedy's feverish tactics to win back a Democratic majority in the Senate this year.
"The Kennedy family has been known for years for being on the front lines of progressive politics," he said, "and to have one of the heirs of the Kennedy family tradition focus almost every waking political hour of his life going to corporate watering holes from coast to coast, essentially demanding that these companies give his party money and inferentially saying that his party is going to be good to these corporate interests, is a disastrous denouement to the Kennedy family legacy."
Greg Garret, an organizer from the Rhode Island Green Party, said Kennedy was offended by Nader's "bagman" comments and called for a last-minute counter-rally before Nader's appearance outside the state building. It was unclear how many people attended Senator Kennedy's rally.
Nader took his three stops in Connecticut as opportunities to depict Gore's vice presidential candidate as a virtual serf to big business. "Joe Lieberman is the real Al Gore," he told a large crowd at Connecticut College in New London. "Al Gore is going around the country saying that he's going to battle the corporations, and Joe Lieberman is running around saying that it's just impassioned rhetoric, assuring the corporations that Al Gore doesn't really mean what he says."
Lieberman has been criticized by Green Party members and liberal Democrats for his active involvement in the party's conservative Democratic Leadership Council.
Nader tied up the day by addressing a packed house at Yale University in New Haven. The Battle Chapel was filled to its capacity of 1100, with 200 more turned away at the door. (Jennifer Bleyer)

Brad Aaron