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Commission approves plat despite complaints
By David Goodwin
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Discussions around approving the second plat of the Wrightsburg subdivision devolved into an extended battle about land-use regulations between at least three attorneys.
Plat 1 of the Wrightsburg subdivision — off Dozier Road in the Redland area — received final approval by the Elmore County Commission in December 2007. At Monday night’s commission meeting, a landowner who lives downhill from the subdivision, Suzanne Smith, complained that changes to the flow of water from Wrightsburg was damaging her property. No effort had been made to change the “almost waist-deep” flow of water across Jerry and Suuzanne Smith’s property, Suzanne said. She requested the commission hold final approval of Plat 2 until developer Rod Smith remedies the problem.
The Smiths attorney, Doyle Fuller, claimed the water-flow rules of Elmore County’s subdivision regulations violated a state law restricting landowners of higher elevation from changing, increasing or diverting the flow. Wrightburg’s construction had caused the water to flow hard from one point downhill, where before the subdivision it had spread across the hillside.
However, county engineer Richie Beyer and county attorney Patrick Pinkston agreed that the Wrightsburg developers — Peachtree Development — had “done what the county asked” to address the Smiths complaints, including the construction of a retaining pond to slow rainwater’s downhill flow.
“By our (subdivision) regulations, (Peachtree Development) has done everything they could to comply,” Beyer said.
Pinkston asked that Fuller provide him with briefs and “chapter and verse” of the state law that was quoted.
Commissioner Mickey Shaw, the local commissioner for both landowners, compared the decision on a variance the developers requested, as well as the question of final approval for Plat 2, “akin to a liquor applicant who has all of his paperwork in order.” Because Pinkston and Beyer both recommended passage of the items, he would vote in favor of them, though Shaw said he “considers Jerry Smith a good friend.”
The variance request was approved unanimously. Because the “water issue weighs heavy on my mind,” Shaw said, he asked the motion for final approval of Plat 2 to be amended, giving Beyer and Pinkston a chance to work with the Smiths to remedy the water-flow Â-problems.
The amendment and the final approval for Wrightsburg Plat 2 were passed by 3-1 votes, with Commissioner Earl Reeves dissenting on both votes.
•With members of a committee established to explore options for a juvenile detention center on hand, commissioners heard a presentation on the WAIT Intervention program from Director Phoenix Martin. WAIT is an acronym for Weekend Adolescent Intensive Training, and the program is an alternative to juvenile detention. In weekend sessions, the WAIT program takes “first- and second-time offenders out of circulation,” to provide “life-skills training,” which includes anger management, career training and other lessons.
County administrator Jeanette Medders was authorized to seek an inter-agency agreement with Wetumpka, Millbrook and Eclectic to help implement the program. The three municipalities have already expressed interest in the program, Medders said.
•Commissioners the sponsorship agreement to commit $11,000 for the 2008 Navistar LPGA Classic at Prattville’s Capitol Hill Golf Course. The investment amount, Faulk said, was unchanged from last year, which was the first year the tournament hosted top-level golfers from the Ladies Professional Golf Association.
•Commissioners approved a request by the Central Alabama Drug Task Force to seek the Edward Byrne Memorial JAG Program Grant.
•The rate the U.S. Marshals Service pays per day for federal inmates to be housed at the Elmore County Jail was increased, effective Aug. 1. The increase, Medders said, was “long overdue,” and almost doubled the per diem rate.
