The Baldwin City Council rejected a request Monday to take over some subdivision streets.
Council member Jeff Parrish made a motion that the city accept all subdivision streets in the city that are not maintained by the county or the state. The motion died for lack of a second.
Several residents of Mallard Pond and Chandler Run subdivisions have attended the monthly council meetings for the past two-and-one-half months to ask the city to take over the streets in their subdivisions. Parrish is a resident of Mallard Pond.
The streets in both subdivisions are in need of repairs. Baldwin Public Works Director Tim Hall compiled a list of problems in each of the subdivisions and a cost estimate to make the repairs. The repairs would cost the city in excess of $70,000.
Parrish said before making the motion he wanted the city to treat all subdivisions/developers the same.
“In looking back over the years, we have not treated all developers the same,” Parrish said. “Some subdivision streets have been accepted at 75 percent build-out, some at 50 percent and some less. In one subdivision, there are hardly any houses. And the city has already taken over the streets.”
Former council member Ray Holcomb said, “The development you are talking about was originally developed as a trailer park. The council made concessions on the roads in order for the developer to build houses – not a trailer park.”
At a work session on Thursday, Parrish said he has not been able to find any city ordinance or consistent policy on the city taking over streets. Parrish read copies of the state laws on annexed areas in regard to the streets.
“State laws want every part of the city to be treated the same,” Parrish said.
Baldwin Administrative Assistant Jerry Presley said, “There is nothing in the law that obligates a city to take over roads.”
Parrish said the city signed a service delivery agreement that says all city streets and roads will be maintained.
Resident Dorinda Marshall asked the council, “Can you not do what the service delivery agreement says, you signed the agreement?”
Presley said, “The agreement applies to public roads – these roads are considered private.”
Presley said on Monday that he has been in contact with Bryan Whitenton, developer of Chandler Run subdivision, about the issues in this development and he has agreed to work on the road signs and the road.
“He indicated he has ordered the road signs and plans to put them up once the weather clears up,” Presley said.
Presley said Monday that Whitenton was under the impression the city had already taken over the streets in Chandler Run.
Council member Robert Bohannon read from a prepared statement, “In my opinion, this is an issue that needs to be taken care of by our (the city’s) standards, not state law.”
Bohannon said if the city goes ahead and takes in the streets this will take away the city’s power with the developers/contractors.
Billy Wallen, Chandler Court resident, said, “Too many people have had their fingers in too many things in that subdivision down there.”
Wallen reported he was told the developer filed bankruptcy and two of the builders in the subdivision bought everything.
Steve Wood, Chandler Run residents, said on Monday, “I challenge each one of you (council members) to drive a stake in the ground and do something about this. We’ve spent a lot of time on this and I am very disappointed about this.”
Chandler Run resident Valerie Rich said on Thursday, “Morally, the right thing to do is accept the roads. It’s not fair to discriminate against us, basically that is what you are doing. I understand some of you (the council) want to de-annex the subdivision to keep from taking over the roads.”
Council member Beverly Holcomb asked city attorney David Syfan if there were any other options to the city on this.
Syfan said the city can create a special tax district and do assessments for that certain tax district and the money collected can go to fund the street repairs.
Syfan also said the city could put a referendum before the voters in the City of Baldwin to see if they favor an increase in the millage rate to pave these roads and bring them up to code.
“We have SPLOST money for roads and I don’t understand why we can’t give the same consideration to all subdivisions,” Parrish said.
In the 2005 SPLOST, $350,000, over a six-year period, was allocated for streets.”