CCBOC denies Kingsland's request based upon "fear" and a few folks' purported inability to understand it?

Unfortunately, it is not one of the T&G articles that can be linked to, but I would call your attention to the front page story in today's (07/25) issue of the T&G, titled "Annexation fears force denial of city's road request." A blog reader sent me this comment. "Jay, When you read the article in today's T&G you will understand what I am talking about. Maybe you can post the link and move this to the comments sections. Why would the Commissioners deny this request by the City of Kingsland? What if the city of Kingsland told them to provide water and sewer to these schools themselves. The county can't provide the services but they deny the request because the residents don't understand the process. I ask Commissioners where are your balls, for once in your life make an intelligent decision. Also for good reading go to www.gmanet.com." Obviously, you will have to get a hard copy of today's T&G to know what we're talking about. After reading the article, I tend to agree that denying Kingsland's request because of a few uninformed folks' "fears" and inability to understand the true nature of the situation seems a flimsy excuse for turning the request down. Even if Rainer and Berry faced opposition in November (they don't) it would be only marginally less dubious. There is plenty of precedent in Camden of roads that are in the city running through properties that are in the county. One comes to mind immediately. Imagine that you are coming out of Harvey's and heading west on Hwy 40. Now envision the highway between the Dark Entry Creek bridge and the St. Marys Rd. overpass. While that entire stretch of Hwy 40 is in St. Marys (i.e., the pavement and 50 feet on either side, better than 50% of the properties on either side of that stretch are in the county. Unfortunately, the T&G reporter did not get into the Kingsland rationale. Ergo, I just called and talked to Kingsland City Manager and old friend Gwen Mungin. Here's the deal. The folks who are complaining - the county residents in pockets of county property in the area, do not own property abutting the road sections in question - not that that would really matter. No, it turns out that the land abutting either side of the road sections in question is already in the city limits of Kingsland. Kingsland has for some time already been maintaining some of the county sections at the city's expense. Here's the kicker. State law provides that in a situation like this, where there is a road or sections thereof, that are owned by the county, but completely surrounded by the city, ownership of the said road inures to the city. The cleanest way to effect the transfer is to ask the county commission for a courtesy quit claim deed, but the city does not have to. In the event of an adverse county commission, the city (Kingsland) may assume ownership anyway under state law. Apparently, this was just political posturing by David Rainer, wanting to get a few messianic kudos. Kingland will pursue its rights under state law. Mrs. Mungin reiterated that the city has absolutely no intention (nor legal ability) of forcibly annexing the county residents in question. Exhibits: Kenneth E. Smith, Sr. Mayor Gwendolyn W. Mungin City Manager June 26, 2008 To: Steve L. Howard Camden County Manager Post Office Box 99 Woodbine, Georgia 31569 Subject: Request for Quit Claim Deed of Various Camden County Roads Dear Mr. Howard: The City of Kingsland would like to request Quit Claim Deeds of the following Camden County Roads: 1. Willies Loop - from SR 40 (west end) to end of annexed property. 0.24 mile. 2. Harrietts Bluff Road - from SR 17 to intersection of EMS Tower Road. 1.99 miles. 3. Kinlaw Road - from Old Still Road to end of annexed property. 1.17 miles 4. Old Still Road - from Colerain Road to intersection of Harrietts Bluff Road. 1.34 miles 5. Scrubby Bluff Road - from SR 17 to 1-95 exit ramp (Exit 1) 2.85 miles 6. Roberts Path - from Harrietts Bluff Road to terminus. 0.20 mile. 7. Jimmy Foddrell Road - from SR 40 to intersection of Vacuna Road. 0.58 mile Justification of each requested road is attached as Exhibit "A" and the map of locations is Exhibit "B". Your support in processing this request is greatly appreciated. If you have any questions or concerns, feel free to call me at (912) 729-5613. Gwendolyn W. Mungin City Manager Attachments: Exhibit "A": Road Quit Claim Justification Exhibit "B": Map of Locations P.O. Box 250, Kingsland, Georgia 31548 Telephone: (912) 729-5613 Facsimile: (912) 729-8827 Exhibit "A" KINGSLAND JUSTIFICATION FOR REQUESTING QUIT CLAIMS ON ROADS Willies Loop - City has annexed both sides of the road segment. It is Kingsland's desire to extend the road coming out of NorthShore into the Villages of Kingsland, to close the affected section of road and place a municipal services building on the site facing the new section of road with a footprint spanning the current Willies Loop. Road closure will not occur until the new road segment is constructed. Harriett's Bluff Road - City has annexed both side of the majority of the road and wants to clarify the road. The remaining segment will probably carry a heavy traffic load to the Villages of Kingsland and is probably a better fit for a continuation of City maintenance. Kinlaw Road - Already has city water and sewer in the right-of-way and city annexation of the east side. Old Still Road - already annexed by city, has city water and sewer. City is desirous to possibly relocate northern end to align with Roberts Path. Scrubby Bluff Road - St. Marys has from ramp of 1-95eastward. Kingsland controls both sides of 3/4s of the road from U.S.17 to 1-95and one side of most of the balance. Thiswould clarify ownership of road segment and not leave an isolated segment to county. Roberts Path - Road is in City and City fire station is located along road. Jimmy Foddrell Road - Only activity on road is Kingsland Elementary School which is in the city. Clear iurisdiction would aid traffic enforcement activities. Governing state law: $36-36-7. Effect upon county owned property or facilities: notice: acquisition by municipality. (c) Whenever a municipality annexes land on both sides of a county road right of way, the annexing municipality shall assume the ownership, control, care, and maintenance of such right of way unless the municipality and the county agree otherwise by joint resolution. Looks like an open and shut case in favor of Kingsland, to me.