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Council begins plans for excavation permits

By J.D. Davidson
The Times-Journal

Published June 18, 2009

The Fort Payne City Council seems interested in controlling storm water runoff and stopping projects before they start in certain areas where zoning laws conflict property owners desires, but it is still trying to figure out how to do it.

The council and Zoning and Inspections Coordinator Jimmy Gilbreath met in a short work session before Tuesday’s regular meeting to try to get a handle on chances of requiring excavation permits.

“We’re in a unique situation that we have a lot of ridges and mountains to deal with, and there is a lot of possibilities for runoff,” Gilbreath said.

Gilbreath hopes new regulations would require property owners to contact the city before any significant excavation begins. That would allow officials a chance to survey the property and provide options to limit runoff. He also prefers to call the proposal an erosion and sedimentation control ordinance.

Council members appeared to be caught between the need to control runoff onto neighboring properties and into the city’s storm sewers and property owners’ abilities to use the land for their wishes.

“As far as someone trying to clean up around their house, doing a little pushing here or there, we need to stay away from that,” Councilman Johnny Eberhart said. “We can get overregulated.”

Gilbreath gave council members three ordinances cities around Alabama that cover the same issues Fort Payne is trying to deal with now. The council expects to continue the discussion in the coming months.

Also, at Tuesday’s regular meeting, the council:

• suspended its rules and passed two zoning changes. The first rezoned 27.2 acres of Vulcan Lands, Inc. property from rural farm to general industrial to allow storage of overburden from the rock quarry. The second changes 26.62 acres owned by Doug and Jana Wilbanks at 1310 Airport Road from light industrial to rural farm to allow the building of a house and possible rental cabins.

• approved 9 cubic yards of curbing for Wayne and Lisa Oberlander at 108 Dogwood Circle NW.

• announced an expiring term on the city’s water board. The city will accept applications through July 2.

• heard the mayor’s report, which included the following personnel changes: 911, hired Adam Facteau as a dispatcher and Jennifer McElhaney as a part-time dispatcher, probationary raise for Sheryl Veal; Street Department, hired Arthur Cobb, John Nicholas Stone and Brandon J. Hairel; Cemetery, gave Superintendent Chris Blake a pay adjustment; Fire Department, hired James L. Musso, Josh N. Parkinson, Nicholas D. Odum, Lane Killiam as part-time firefighters, Nathan H. Henderson as a volunteer; and Sanitation Department, probationary raise for David Allen Forester.

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811 Greenhill Blvd.NW, Fort Payne, Alabama 35967 | Tel: 256-845-2550 | Email