Once again, the Wilkes County Board of Commissioners refused to act to grant permits that would allow Elba Express to cross rights-of-way on numerous county roads.

Assuring commissioners that "Everything my client has done either has been or will be approved by the appropriate state or federal agency," Attorney David Chesnut commented further saying, "they would cut only half the road at any one time so that there would be no problem accessing any part of the county for fire or police protection."

As a representative for Elba Express, Chesnut had appeared at the December meeting of the Commission with the same request. At the January meeting, held last Thursday, January 8, he presented arguments as a follow-up to a letter dated the previous day. "We have got to get started on this pipeline as you can see by the stockpile of pipe out there on Highway 378, and we ask that you approve the permit agreement."

Referencing an earlier threat that the county would face a lawsuit if it did not approve the permit, Chesnut handed County Attorney Charles LeGette a draft of the complaint as he told an anecdote illustrating "the difference between a promise and a threat."

Following Chesnut's presentation, Commission Chairman Sam Moore reiterated the board's position.

"I don't think the situation has really changed," he said. "As long as there are people of this county fighting it, we don't feel like we can change our stance." Moore further said that he had been in communication with the county chairman in Warren County and that the commissioners there were taking "pretty much the same stance."

Chesnut introduced John Chally of King and Spalding, another attorney for Elba Express, who said that the landowners' cases had all been denied by Judge Dunaway in Superior Court. Specifically, he was referring to two motions to stay the condemnation proceedings stating "no pubic purpose" and "objection to permanent access over existing roads and other routes of access."

"I understand they [landowners] have objections, but this is a federally-approved project, and as a consequence, it needs to come forward," Chally said. He also reported that permits to cross state roads had already been secured.

"We are required to work with local and state governments to obtain any necessary permits in connection with our project," he explained. "But while we are required to work with you," he continued, "the law is generally that the local and state governments can't restrict what we need to do. The federal law that authorizes this pipeline preempts attempts to stop the pipeline."

Rather than go through the hassle of a lawsuit against the county, Chally said, "our strong preference would be to work with the county itself and obtain the permits."

"As long as there are people who are fighting," Moore said, "let them have their fight. If we agree to this, we feel it would look like we are taking your side."

Chally said that if the permits were not granted, then the legal action against the county would be filed "well before the next meeting" and probably within a week or two. "We have to begin construction no later than April 1 of this year," he said.

"We can be a good neighbor," Chally said. "There are benefits to the county - the tax revenue, businesses that will be here [during construction] - but what I want to find out is, is there a point where you would agree to sign these permits?"

Speaking on behalf of the landowners organization LEEP (Landowners for Environmental and Economic Protection), Cindy Bounds said, "we're just asking you to hold off until this has gone through the courts."

Commissioner Jerry Stover asked Bounds if the issue was over money or over the loss of land.

"It's over the loss of land," Bounds replied, but said, "if we lose our land we want to get top dollar. ... We're in the timber business and they are taking our inventory out of the market. We can't grow trees on that land - forever."

Bounds told the commissioners, "We appreciate your support, as landowners and citizens, we appreciate y'all sticking with us."

All of the commissioners were present at the regular January meeting of the board, including Devinski Lee, Ed Geddings, John Howard, Stover, and Moore. Also in attendance were County Administrator David Tyler, County Attorney Charles LeGette, and a number of visitors.

In other business:

* Marshall Grant was appointed to a position on the Planning Commission.

* Three years of tax relief was granted to Charlotte Simmons and Marion Pope for a parcel that was mistakenly billed twice.

* Three years of Homestead Exemption benefits were granted to John Bailey due to missing paperwork.

* Commissioners were informed that the City of Washington had annexed a lot on the Scull Shoals Road.

* Tyler reported that Local Option Sales Tax for the month of October amounted to $55,658.52 and that Special Purpose Local Option Sales Tax received for the same month was $85,586.27.

*Moore announced that there would be a public hearing at the Senior Center on January 14 beginning at 10:30 a.m.

* Patsy and Winston Bailey again badgered the board demanding that two ordinances, one for noise and one for road use, be enacted to deal with the problems they had brought before the commission on other occasions. Moore explained that there are laws already on the books covering the offenses they described and reiterated that the commissioners are not responsible for their enforcement. The Baileys were advised to try to work something out with the Sheriff's Office. Geddings offered to meet with them and the Sheriff to try to come up with a solution.

The next regular meeting of the board will be held on Thursday, February 12, at 2 p.m. with a work session beginning at 1 p.m.