Murder Suspect Harvey Transferred
HUNTSVILLE - It was a busy night for County Commissioners here Monday as they adopted a long list of resolutions, but most of the night's meeting was spent debating just two items - Huntsville Utility District's desire to obtain additional acreage around Flat Creek Reservoir, and a proposed road closure near the Winona Community.
The commissioners met for more than two hours in their regular monthly session, during which they voted 9-3 to support landowner Ernest Billingsley's planned management development of property surrounding Huntsville's Flat Creek Lake, and to table action on closing a portion of the Floyd Jeffers Road between Winona and Buffalo.
The Billingsly vs. Huntsville Utility District matter came up for a discussion when a motion was made by Ron Blevins to adopt a resolution in support of the proposed development and, in effect, in opposition to the utility district's condemnation of an approximately 300 acre "buffer zone" around the lake.
A similar resolution had been adopted by the commission's Community Development Committee just a week earlier.
Commissioner Rick Burke launched the discussion when he asked why Huntsville Utility District wanted more property, as well as expressing his concern of "why we are involved in this . . . It looks like it would be a utility issue."
County Mayor Dwight Murphy explained that that was the purpose of the discussion - for commissioners to ask questions to representatives from both sides. Murphy then asked Huntsville Utility District Manager Larry Crowley and Water Board Member Jerry Kline to come to the podium and explain the utility district's side of the issue.
Kline told the commissioners that Huntsville Utility District doesn't want to take any more property than is necessary, but that since Flat Creek Reservoir was not a "free-flowing" body of water, if it were ever contaminated, there would be no way to revitalize it. She said her board's responsibility was to try to protect the quality of water in the lake, at the onset and for years to come. "We can't afford not to," Kline said.
In response to questions posed by Commissioner Rick Keeton, Crowley said that the utility needed to acquire approximately 237 acres as a buffer zone around the lake. He said the utility was relying on the recommendations of experts (a geologist and an engineer) in determining the need for additional acreage.
Commissioner Rothel "Tub" Cross said that he felt Billingsley had been "pretty generous" through the years to let the utility use the lake as a source of water, "but it seems like you want to take more and more [land] . . . What do you have in mind?"
Crowley explained that Huntsville Utility District wants to protect a $6 million investment, and make the lake useable for 100 years or more.
Commissioner Leonard Bertram said he was concerned with both water quality and the rights of landowners, and told Crowley he couldn't imagine anyone who would build a home or business close enough to slide into the lake and contaminate the water. The issue, he said, "disturbs me on both sides."
Commissioner Keeton, obviously wanting the two sides to reach some sort of compromise solution to the problem, asked how long it had been since they had sat down to discuss it. Crowley responded by saying they had met "a couple of months ago," and Kline narrowed it down to "around July 4th." Crowley added that he and he and the water board have yet to see a plan for the development, and that he didn't know anything about the proposed development "other than what I've read in the paper."
Billingsley was then called to the podium and, in response to a request by Commissioner Keeton, gave a brief synopsis of his side of the issue. He stated that he had provided free water to the utility from the Flat Creek Lake for 20 years, during which time there were never any complaints about the quality of the water, that it had "never been an issue."
He went on to say that during his most recent meeting with the utility board that the members "sat there and did not say a word." He also stated that the land he owns almost completely encircles the lake; that the utility district currently has only one access point (near the dam); and that the condemnation suit filed by the utility district took "every ridge that I could see water." He also told the commissioners that the highwalls (of the former strip pit) have been there "for years and years" and haven't slid in yet. He charged the utility district of not bargaining in good faith and, "the fact is, they've never made me a proposition . . . They got an appraisal and filed condemnation."
Billingsley told the commissioners that there is no firm development plan in place and that there would not be until this property issue is settled. Commissioner Buttram asked if he couldn't make out "a wish list," sow it to the water board and see if a compromise could be worked out.
Billingsley said he had 2200 acres when it all started, but he didn't know now whether he'd be left with 1900 or 1700 acres when it was all settled. He said he had "five miles of road up there;" and that if the condemnation of additional property goes through, the county would stand to lose up to "a half-million dollars a year" in property taxes.
Crowley responded by saying that some of Billingsley's comments were "at best in conflict" with those of the utility district and said he did not feel this was an issue the commission should get involved with at this time.
The motion in support of Billingsley carried by a 9-3 margin, with two commissioners absent. Voting aye on the motion were Leonard Buttram, Ronnie Blevins, Odeva Byrd, Harold Chambers, Rothel Cross, Rick Keeton, Ernest Phillips, Hertis Phillips and Jack Sexton. Voting no were Rick Burke, Daniel Murley and Mike Slaven. Absent from the meeting were Jeff Watson and Rick Russ.
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