The Jackson County Water and Sewerage Authority is scrambling to undo the 2007 approval by Pendergrass mayor Monk Tolbert of the 300-lot Pendergrass Depot subdivision.
Final approval of the plat, for a subdivision that may be in receivership (officials are not sure), in theory allows the owner to begin selling lots and to obtain building permits.
In signing the plat, Tolbert purported to accept, on behalf of the JCWSA, “all water and sanitary sewer easements,” essentially obligating the authority to accept and operate the water and sewer system installed by the developer — which are not up to the JCWSA’s standards and are in disrepair.
Tolbert, says the JCWSA, does not have that authority.
Eric Klerk, manager of the JCWSA, said the authority is trying to separate itself from Tolbert’s action by serving notice that JCWSA does not recognize Tolbert’s acceptance of the easements.
On the advice of counsel, Klerk sent a tersely worded letter to Tolbert stating that JCWSA “expressly refuses to ratify your acceptance of the water and sewer easements as indicated on the above referenced plat.”
Did Tolbert end-run JCWSA?
Klerk’s letter points out that the JCWSA never received or approved an “application for acceptance” for the subdivision or “authorized Tolbert or the city of Pendergrass to review (water and sewerage) plans or sign documents on behalf of the authority.”
What the authority fears is that the owner of the subdivision will appear, final plat in hand, and expect JCWSA to provide water and sewer services.
That infrastructure, said Klerk, is not even close to meeting the authority’s standards.
“To say it is not up to standard is an understatement,” said Klerk. “There are huge washouts, and the water service lines they installed, a whole section is washed out and sticking up in the air.”
Additionally, the subdivision was supposed to have a lift station, but that was never installed and the developer never got the easement necessary to connect the lift station to the JCWSA sewer system.
“I have no idea why he would do this,” Klerk said of Tolbert.
On Oct. 2 2007, Tolbert wrote a letter to the authority in which he acknowledged that the authority had the right to review system plans and stating that Pendergrass would not issue certificates of occupancy without JCWSA approval.
Twenty-nine days later, according to Klerk, Tolbert approved the final plat for Pendergrass Depot subdivision.
What the authority fears is that the owner of the subdivision will appear, final plat in hand, and expect JCWSA to provide water and sewer services.
That infrastructure, said Klerk, is not even close to meeting the authority’s standards.
“To say it is not up to standard is an understatement,” said Klerk. “There are huge washouts, and the water service lines they installed, a whole section is washed out and sticking up in the air.”
Additionally, the subdivision was supposed to have a lift station, but that was never installed and the developer never got the easement necessary to connect the lift station to the JCWSA sewer system.
“I have no idea why he would do this,” Klerk said of Tolbert.
On Oct. 2 2007, Tolbert wrote a letter to the authority in which he acknowledged that the authority had the right to review system plans and stating that Pendergrass would not issue certificates of occupancy without JCWSA approval.
Twenty-nine days later, according to Klerk, Tolbert approved the final plat for Pendergrass Depot subdivision.
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#1
Adam
on
02/10/10 at 04:46 PM
[Reply]
Im sick of all the Tolberts crap in this county?
#2
just curious
on
02/11/10 at 02:54 PM
[Reply]
So is he guilty of a crime?
#3
Adam
on
02/21/10 at 04:56 PM
[Reply]
guilty of being a dumb ass who thinks he is above the law!