Blue Ridge City Council Election: The Results

Election, Featured News, Featured Stories
Election Results

FANNIN, Ga. — After almost a month of voting, the polls for the Blue Ridge City Council election closed today, Nov. 2, 2021 at 7 p.m. This election has been called one of the most important in Blue Ridge history and comes at a time of heightened worry about the future of the city. 

For months, both citizens and candidates have made their voices heard on what they consider serious issues for the city. Now, the citizens of Blue Ridge have chosen who will serve on city council to tackle those issues. 

Although the results are not yet certified, the poll workers announced their tallies to the public. The results of the election were announced at 10:41 p.m. on Nov. 2, 2021. 

Mayor:

Rhonda Haight has won the title of Mayor of Blue Ridge. She will replace Donna Whitener, an incumbent of 12 years. Haight’s term is four years. 

Vote count:

Rhonda Haight – 234 votes

Donna Whitener – 196 votes

Post 1:

Jack Taylor has won the Post 1 seat. He will replace incumbent Harold Herndon. His term is two years. 

Vote count:

Jack Taylor – 250 votes

Harold Herndon – 168 votes

Post 2:

Angie Arp has won the Post 2 seat. She will replace Rhonda Haight. Mike Panter, the Post 3 incumbent, was her challenger. Her term is four years. 

Vote count

Angie Arp: 223 votes 

Mike Panter: 211 votes 

Post 3: 

Christy Kay has won the Post 3 seat. She will replace Mike Panter. Her challenger was Brian Higgins. Her term is two years. 

Vote count

Christy Kay: 233 votes 

Brian Higgins: 194 votes 

Post 4: 

Bill Whaley has won the Post 4 seat. He will replace Robbie Cornelius. Whaley had two challengers, Richard Arnold and Jacqueline Brown. His term is four years. 

Vote count

Bill Whaley: 207 votes 

Jacqueline Brown: 157 votes 

Richard Arnold: 63 votes 

Post 5: 

Bill Bivins has won the Post 5 seat. He will replace incumbent Nathan Fitts. His term is 2 years. 

Vote count

Bill Bivins: 261 votes

Nathan: 172 votes

 

Blue Ridge City Council Forum October 6th 2021 Post 3 Seat

Election, News

Blue Ridge City Council Forum October 6th 2021 Post 5 Seat

Election, News

 

Candidates Qualify for Blue Ridge City Election

City Council, Downtown Blue Ridge, Election
Blue Ridge city council candidates

Blue Ridge, Ga. – Qualifying has officially come to an end for the upcoming City of Blue Ridge election and 13 candidates have thrown their respective hats into the ring.

With much contention being expressed at recent City Council meetings, residents not only of the city but also of Fannin County as a whole, are watching to see who will represent the future of the city’s progress.

Like City Elections of the past, teams have been presumably formed in hopes of making a clean sweep on the ballot in November.

However, none of the 13 will confirm if they are running on a ticket with others.

Those who submitted paperwork to run in November’s election will still need to be vetted to assure qualifications for candidacy are met.

The election will take place Tuesday, Nov. 2, 2021 from 7:00 a.m. to 7:00 p.m.

The following individuals have submitted qualifying papers:

 

Blue Ridge Mayor Candidates (Currently held by Donna Whitener)

Rhonda Haight

Donna Whitener

Post 1 Candidates (Currently held by Herald Herndon)

candidates

Herald Herndon

Jack Taylor

Post 2 Candidates (Currently held by Rhonda Haight)

candidates

Angie Arp

Mike Panter

Post 3 Candidates (Currently held by Mike Panter)

Brian Higgins

candidates

Christy Kay

Post 4 Candidates (Currently held by Robbie Cornelius)

Richard Arnold

candidates

Jacqueline Brown

William Whaley

Post 5 Candidates (Currently held by Nathan Fitts)

Bill Bivins

Nathan Fitts

Aquatic Center discussions continue

Board of Commissioners, Community, News

Blue Ridge, Ga. – Discussions continue as Blue Ridge City Council Member Mike Panter asks County Commissioners to consider a feasibility study for a proposed aquatic center in Fannin County.

Aquatic Center, Fannin County, Board of Commissioners, City Council, Board of Education, Farmer’s Market, Rec Center, Study, Cost, Chairman, Jamie Hensley, Post 1, Johnny Scearce, Mike Panter, Brian Higgins

Council member Mike Panter discusses proposed aquatic center with Fannin County Board of Commissioners.

“I am speaking not necessarily on behalf of the City Council,” Panter opened, stating that at the time he was speaking as a resident who had done research into a project and is hoping to gain support from not only the Fannin County Board of Commissioners but also from Blue Ridge City Council and the Fannin County Board of Education.

“The closest swimming facility is in Blairsville and it’s owned by the hospital,” Panter said of the lack of a comparable facility in our area. He did point out that currently the City of Calhoun in Gordon County has an aquatic center but that it is aging.

Some students from the Fannin County School System make several trips a week to utilize the Calhoun facility for aquatic sports, which is a 2 hour round trip.

There has been recent discussion of Fannin County putting in a splash pad for residents. The splash pad at Meeks Park in Union County was brought up as a comparison for price. The Meeks Park splash pad was installed in 2016 with an approximate cost of $360,000.

Panter also noted Lincoln County’s splash pad with a price tag of $156,000, “The reason it was so cheap was because they filled in their pool. They already had a bathroom facility and sewer.”

The City of Blue Ridge had looked into a similar possibility of a splash pad, due to the costly repairs needed at the city’s current outdoor pool.

Panter pointed out that the current city pool repairs could have a price tag of over $100,000 and would only be able to be used three to four months each year.

The proposed aquatic center could incorporate a splash pad, along with a heated indoor pool and a health club. 

A similar plan for an aquatic center has recently been approved in Lumpkin County.  

The Lumpkin County Aquatic Center website states :

“This state-of-the art facility will not only have indoor and outdoor swimming, but will also have a lazy river and splash activities for children, outdoor rental spaces, and a therapy pool for those who desire low impact exercise or need rehabilitation after illness or surgery.”

The cost of Lumpkin County’s new endeavor is roughly $8 million, which Panter projects Fannin County to have a similar cost. Panter stated that the cost would not necessarily have to be a lump sum and that the project could be done in phases.

Using the current location of the Blue Ridge Farmer’s Market building could save at least $1 million in on site prep work according to Panter, “The city has no debt on that property whatsoever.”

“The high school themselves, they are being pushed to have an aquatics program,” Panter stated when asked if the school system was considering building its own aquatic facility but added of the general public’s ability to use a facility strictly owned by the school system, “As all of us know in the school systems, a lot of the school facilities are locked down. It’s hard to use the school facilities.”

Panter stressed that this was another reason that he felt an intergovernmental agreement between the three entities would best serve the community.

While no Commissioners seemed outright opposed to the idea of an aquatic center, concerns were expressed of the long term benefits, costs and responsibilities of such a facility. 

Fannin County Commission Chairman Jamie Hensley stated that with a project of such magnitude being proposed, he wants to make sure it would be done correctly the first time and that it is truly something that would benefit the community in the long term.

Concerns were also raised of Panter’s proposed location of the City’s Farmer’s Market building, with Post 1 Commissioner Johnny Scearce directly discussing these concerns. 

“That Farmer’s Market has been sitting there for 10 years unused,” Panter answered Scearce’s questions, “We’ve spent over $100,000 in tax payers money on the Farmer’s Market just to keep it there.” 

Brian Higgins, a long time proponent of bringing back Blue Ridge’s Farmer’s Market to the unused facility, spoke during public comments, “We are totally in agreement on the aquatic center. It’s the location that we have a difference of opinion on.”

Higgins pointed out that the Farmer’s Market is one of the few nostalgic properties left in the city limits and feels that the Rec. Center would be a more appropriate location.

Citing that it makes more sense to build an aquatic center where the county’s main sports hub already resides, Higgins also pointed out that the Rec. Center has much more land, giving Fannin County the option of expansion as need arises in the future.

Panter is hoping that a feasibility study can help point everyone in the right direction and clarify a lot of the uncertainties surrounding the proposed project.

The cost of a feasibility study could run around $75,000. 

Panter is expected to present again to all three entities once he obtains a quote. His hope is to get approval from the Fannin County Board of Commissioners, Blue Ridge City Council and the Fannin County Board of Education on splitting the cost of the study, so that everyone can get an accurate idea of what will be involved in moving forward with the project.

 

Featured Image: City of Blue Ridge Farmer’s Market Property

Council overrides Mayor’s Veto

City Council, Downtown Blue Ridge, News
Blue Ridge, Georgia, Height, Zoning, Building, Restriction, Veto, Override, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener

Blue Ridge, Ga. – City Council voted to override the Mayor’s veto of new height restrictions to be placed on future construction in the Central Business District (CBD) of the City of Blue Ridge.

The most current ordinance that stood regarding building height placed the restriction at 60 feet. The new ordinance brings the height restriction down to 41 feet (35 feet with up to an additional 6 feet to act as a buffer for any mechanical components that accompany the building).

At the June 8, 2021 City Council meeting all council members voted unanimously in favor of the 35 foot height restriction in the CBD after the recommendation of 35 feet came from the Planning and Zoning Commission.

Blue Ridge, Georgia, Height, Zoning, Building, Restriction, Veto, Override, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener

The Gartrell Building is one of the taller historical buildings still remaining in the CBD.

Mayor Donna Whitener vetoed the council’s vote on this height restriction and released a letter to the public explaining her stance.

Among her reasons explained Whitener stated : 

“Two different Zoning Administrators have proposed numerous times to reduce the height on buildings in the CBD area to 45 ft. While I am not in favor of the 60 ft height, it is my opinion that the 35 ft suggestion might not be adequate either.”

During the July 13, 2021 City Council meeting, zoning was a major topic of discussion with the proposed Town Hall Meeting on the subject being canceled last minute due to lack of adequate notice.

Whitener expressed that the height restriction could devalue current properties and felt that council and zoning should seek further training and guidance on the matter before making such a drastic change to the ordinance.

“I really feel like it needs to be looked at and evaluated and we need to come up with a good number so that we’re not battling lawsuits,” Whitner stated of her decision.

“Our Zoning Administrators have both recommended 45 feet” Whitener added, “With that I also feel like if we are going to do a reduction we need to talk about mechanicals being on top. I do think you should have a parapet wall, as we’ve discussed a little bit.”

A parapet wall is an extension of a wall at a roof line. This is often used to hide rooftop mechanics for aesthetic purposes.

Overall Whitener proposed looking into making the ordinance reduction from 60 feet to 45 feet.

Council member Mike Panter addressed Cindy Trimble, a member of the Planning and Zoning Commission, asking her if her recommendation of 35 feet still stood after all that she had heard during the meeting.

“I still stand where we voted, 35 feet, plus the addition for the equipment,” Trimble replied, also stating that she felt the 6 foot addition would be enough to cover any mechanics on a roof.

Council Member Rhonda Haight brought an end to discussion saying to Whitener, “You’re more concerned about the values and properties downtown, not about the aesthetics and not about what the people want.”

Haight motioned for the veto to be overridden and council voted unanimously in favor, with Council Member Harold Herndon not present to vote.

RCut funding causes debate among City Officials

City Council, Downtown Blue Ridge, News

Blue Ridge, Ga. – The “look of impropriety” fueled debate over the City of Blue Ridge’s recent involvement in improvements to Highway 515.

Previously the University of North Georgia (UNG) had approached the city looking for help in obtaining funds to create an RCut in the median of Hwy. 515. This RCut would allow motorists to make a left hand turn off the highway and into the entrance of the campus.

Blue Ridge, Georgia, RCut, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, University of North Georgia, John Kieffer, Senator, Steve Gooch, LMIG, grant, funding

Almost completed RCut on Hwy. 515 allowing access to the UNG campus.

GDOT (Georgia Department of Transportation) looked into the project and determined there was a need for the RCut due to potential traffic flow and for safety reasons.

“The developer couldn’t pull a DOT permit,” Mayor Donna Whitener stated as to the City’s initial involvement but clarified that the request for the RCut came from UNG.

Councilmember Nathan Fitts stated that he had no issue with the City being a vehicle for obtaining the permit but took issue with taxpayer dollars being spent on the project.

GDOT initially slated $150,000 towards providing the RCut this funding came through LMIG (Local Maintenance and Improvement Grant) and developer, John Kieffer put in approximately $48,000 towards surveying and engineering fees.

The low bid for the project came in at $220,978.61. UNG agreed to contribute $35,000 to the RCut project but this still left a shortfall of $35,978.61.

UNG approached both the City of Blue Ridge and the Fannin County Commissioners asking for funds to cover the shortfall but neither entity would agree to pay with local tax dollars.

“I’ve not even officially got word of that and I’m a councilmember. No one has ever given me notice,” Councilmember Rhonda Haight explained that none of the council was notified that funds to complete the project had been gathered and wanted an explanation as to where and how the funds came about.

The remaining funds came through another LMIG grant from GDOT in the amount of $35,000 and UNG made up the remainder $978.61.

Fitts conveyed his disappointment that the remaining funds came from taxpayers, even if at a state level: “This is a developer expense. It’s always been a developer expense and it is not right for the city taxpayers and in my opinion the state taxpayers to pay for a developer’s entrance.”

The developer is assumed to substantially increase the monetary value of the remaining parcels for sale by obtaining the RCut according to Fitts. 

“Me and Rhonda talked to Mr. Keiffer and said that on our watch we would not approve it through the city,” Fitts said, explaining that he didn’t feel tax dollars should be spent for the financial gain of a private developer and that projects of this nature should be at the developer’s expense.

Fitts stated that in private conversation the developer had initially said he would be paying for the expenses but that the narrative changed.

“The college did need it, but the conversation that was told to us was that he (Kieffer) needed help from us because he had lost money on that property he had sold to the college,” Fitts said of the ordeal adding that taxpayers should not be on the hook for a developer’s bad business decision.

Blue Ridge, Georgia, RCut, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, University of North Georgia, John Kieffer, Senator, Steve Gooch, LMIG, grant, funding

Signage advertising remaining parcels for sell in the development.

“It is a look again of impropriety that the City keeps getting itself into, that we all the sudden are paying for a personal developer to have an RCut,” Haight added.

Evidence of the boost to property value and appeal can be seen by a recent sign placed that advertises the RCut coming soon as well as the remaining tracts for sale.

“Are we going to have to pay for all the developers from here on out?” Haight questioned if the City would be setting a precedent for future transactions, and added, “As a state taxpayer I’m a little appalled that my money went to pay for this private RCut.”

The second LMIG in the amount of $35,000 came from the state when Whitener spoke with state level representatives about the issue. This was done without council knowledge according to Haight and Fitts.

“Thanks to Steve Gooch and GDOT. I really appreciate their help,” Whitener said, explaining that the state came in and saw a need for the RCut or would not have given the go ahead on the project.

Whitener also pointed out that LMIG funds could be used anywhere in the state.

“I’m glad that those state tax dollars are being allotted for our area,” Whitener stated, “It is going toward improving safety for the people driving down 515, one of our busiest roads.”

 

***Featured Image is sign placed by real estate agent representing the developer advertising remaining property and RCut

City Parking Contract to be investigated

City Council, Downtown Blue Ridge, News

Blue Ridge, Ga. – The City of Blue Ridge parking continues to be a topic of discussion as accusations and controversy surround the management of the paid municipal lots.

Cesar Martinez, President of the Blue Ridge Business Association and Chairman of the Downtown Development Authority, read from an incident report filed to EPS (Executive Parking Systems) from one of its employees.

The incident, which took place on Saturday, May 29, 2021 during the Arts in the Park festival, involved EPS charging motorists to park at City Hall.

“I was pretty appalled,” Martinez said of the filed complaint, “The verbal attack on the parking attendants on May 29th was reprehensible and unacceptable.” 

According to the complaint, a parking attendant with EPS was confronted by Councilmember Nathan Fitts about the company charging and accepting cash to park in the lot.Blue Ridge, Georgia, Parking, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, Executive Parking Systems, Shelli WoJohn, Bid, Process, Contract, Cesar Martinez, Downtown Development Authority, Blue Ridge Business Association, Georgia Municipal Association, GMA, investigation

The parking attendant claims that Fitts drove into the lot and became irate when discussing the issue, telling the attendant that the collection of money for this particular lot was not authorized and that Fitts flaunted his position of power with statements like “I’m the top of the food chain”.

Fitts denies these claims and states that he had four witnesses with him who are willing to testify in court that this was not what took place.

Fitts said that he went to City Hall after receiving numerous complaints from residents and business owners.

“It would have been nice if you (Martinez) and or the Mayor were going to make these decisions, that you notify us council members or got our permission so we could let our downtown business owners know this,” Fitts spoke directly to Martinez, “It is not up to you to run this town.”

According to Fitts, once in the parking lot to verify that motorists were being charged, he called Zach Wojohn, President of EPS, and placed him on speaker phone.

Fitts explained to Wojohn that business owners had been told that City Hall would be free parking for employees and asked who had given permission to charge for the lot.

According to Fitts, Wojohn replied, “I have the Mayor on my side. I don’t have to answer anything to you” and hung up on him.

“The parking attendants were just there to do their jobs,” Martinez spoke to Council, “They had no knowledge of anything Mr. Fitts was ranting about.”

Martinez went on to say that he felt Mr. Fitts owes many apologies concerning the incident.

Fees for parking at City Hall have been collected during major events for several years now and Martinez pointed out these fees were collected “without objection”.

“Festivals have always been where we charge for parking at City Hall. It’s been done several times and nobody, including yourself (Fitts), ever raised a word,” Martinez said, adding about the new concern over parking, “There’s one big thing that’s changed and that’s the toxic vendetta filled politics plaguing our city.”

The issue of City parking came to the table once again during the meeting with Fitts and Councilmember Rhonda Haight giving their legal findings regarding the City’s contract with EPS.

Recently Council voted to not terminate the existing contract with EPS and not utilize the sealed bid process, with the tie breaking vote being cast by Mayor Donna Whitener.

“The more and more I dig into this, the more and more I find that I do not have it in me for the City of Blue Ridge to get taken advantage of in any shape, form or fashion,” Fitts said of the current contract with EPS.

Fitts and Haight, who have spent over $20,000 of their own money seeking legal opinion, recently asked several questions of former City Attorney David Syfan regarding the current contract and the legalities of EPS collecting and keeping money from non-special event parking.Blue Ridge, Georgia, Parking, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, Executive Parking Systems, Shelli WoJohn, Bid, Process, Contract, Cesar Martinez, Downtown Development Authority, Blue Ridge Business Association, Georgia Municipal Association, GMA, investigation

When asked his legal opinion on whether the process of the City’s parking management should go through the sealed bid process, Syfan quoted the City Charter and stated in a written statement, “The clear answer is that under Georgia law, Section 630. That does not allow the City to bypass the sealed bid process or the auction process.”

Section 630 refers to general contracts entered into by the City and Fitts explained that every other service with the exception of parking management has gone through the sealed bid process.

Syfan went on to point out that the wording of the second contract with EPS, which has never been approved, makes it evident that the company according to current contract is only to be paid a percentage of monies during special events.

Wording in the second unapproved contract, states that EPS would collect funds for day to day operations. This wording is added and not in the current contract with the City.

City Council never gave permission to EPS to collect funds on day to day operations according to Haight and Fitts.

“Since EPS has no valid contractual right to those funds, EPS should turn over to the City all of those funds that were not event related and that were received due to unauthorized use of City property,” Syfan stated in an email.

Haight reached out to the Georgia Municipal Association (GMA) who agreed to review all evidence relating to the parking contract and advise the City for a fee of $1,500.

Haight expressed her feelings of allowing GMA to investigate the matter and felt the City would benefit from their unbiased opinion.

A motion was made by Haight to move forward with a GMA investigation and seconded by Councilmember Mike Panter. Council unanimously voted to move forward with the investigation.

Panter and Fitts give their opinion on recent affordable housing vote

City Council, Community, News
Blue Ridge, Georgia, Affordable Housing, Beverly J. Searles Foundation, Philip Searles, Housing Authority, Traver Aiken, HUD, Family, Senior, Age Restrictive, Mineral Springs Drive, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, Planning Commission, Family Connection, Sherry Morris

Blue Ridge, Ga. – Councilmembers Mike Panter and Nathan Fitts are sharing their reasoning behind a recent controversial vote on a proposed housing project presented by the Beverly J. Searles Foundation.

The following are direct statements from Panter and Fitts regarding their votes and opinions on the matter.

From Councilmember Mike Panter

Why I Voted No

To the Citizens of Blue Ridge, I have been asked multiple times sine May 11th, why I didn’t support the rezoning request and the affordable housing development with the Searles Foundation.Blue Ridge, Georgia, Affordable Housing, Beverly J. Searles Foundation, Philip Searles, Housing Authority, Traver Aiken, HUD, Family, Senior, Age Restrictive, Mineral Springs Drive, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, Planning Commission, Family Connection, Sherry Morris

Let me begin by saying I do and have always supported the need for affordable housing in the City of Blue Ridge and Fannin County. However, just because you support something doesn’t mean you should automatically vote for something that is going to affect the citizens for the next 50 years. You must be able to support why you believe that this project is best for the city residents. Especially when over 100 citizens who live within a mile of the proposed project have signed a petition against the project.

When you stop and think about an additional 171 rental units being built and 200 additional automobiles daily, between two schools, on a heavily traveled road that has no traffic lights, turn lanes, street lights, sidewalks, roundabouts, any type of traffic study, or a 5-to-10-year strategic growth plan, it doesn’t make sense. You say to yourself there has to be a better location.

This project was started by the Haights on January 28, 2021. The variance application was not applied for until February 26, 2021. It was briefly introduced to the Council April 13, 2021 without any detailed information. It was presented to the zoning and planning board May 2, 2021 and to the council for final vote May 11, 2021. A lot of people didn’t understand that this was a land swap instead of a traditional purchase and sell. In my opinion both boards should have at least 30 days to research and verify their information before voting.

I was the only council member present at the one-hour meeting. Unlike other members of the audience, I was not allowed to speak or ask any questions because I am an elected official. Therefore, the majority of questions I would have asked were not addressed. One member of the Planning Commission was 30 minutes late to the meeting but still felt that they had enough information to make a motion to approve this 20 – 30-million-dollar project.

Is the Searles Foundation the right partner/developer for our city residents if we can only choose one?

  • Who are the partners that will be involved in the Searles Project?
  • Could the project ever be transferred or sold to another entity? What type of entity?
  • Who manages the project? Fairway Management Company? Haight House, LLC? Other?

Even though our current water and sewer is in good shape, the sewer plant was built 23 years ago and is currently in the design phase for a 5-million-dollar rehab. Can it handle another 171 apartments within the Mineral Springs area over the next 3 years?

What effect does President Biden’s 213-billion-dollar proposal for infrastructure and housing have on this project? Will the developer only allow current Fannin County citizens or will they be required to open up the development to qualified candidates within the state, southeast or country?

The following is a list of questions I have for the Foundation and Zoning Board.

  1. If we are going to have only one development within a 2-3 mile radius of the City, is this the best location?
  2. Will the current residents be forced to move?
  3. What is included in the rent? Water, power, cable?
  4. It has been stated that the Searles Foundation minimum rent is $600/month. The majority of residents are currently paying less than $300/month. Does their rent continue to stay the same?
  5. What out of pocket expense will the city residents and tax payers be responsible for?
  6. How do individuals with low to no income currently living in the woods behind businesses, cars, etc. afford the Searles Foundation project?
  7. What is the time period for construction?
  8. Will all of the trees be removed on the 15 acres?
  9. Will a center turn lane be added? If so when will the road be widened?
  10. Will sidewalks, traffic lights, streetlights or roundabouts be added?
  11. Who will be our new city residents? And can we have the answer to this question in a contract?
  12. Offering $40 thousand for road modifications at the end of Mineral Springs will by no means cover the expense. A traffic light and a roundabout would cost in excess of $100,000. Who pays the extra expense? City or County?
  13. Why is the Housing Authority pushing a 50-year contract when the current residents will be moved to the Searles project? There would be no need for this contract.
  14. Would the existing housing units be owned by the Haights and turned into personal rental income or torn down and developed into a trailer park?
  15. Can the Searles Foundation give us a plan or contract of what the current housing authority units will look like in 10 years?

These questions summarize why I requested an additional 2 – 3 days time before I was required to vote. How could I just vote Yes? I believe all of these questions need to be answered before a vote can take place which will affect our community for the next 50 years.

From Councilmember Nathan Fitts

I am extremely disappointed in some of our city elected officials and with the denial of the zoning for the affordable housing at the council meeting last week. To answer some of the outstanding questions I’ve heard and saw I wanted to outline the factual information as a council member. I know there have been some questions on why we didn’t table the vote for the rezoning.Blue Ridge, Georgia, Affordable Housing, Beverly J. Searles Foundation, Philip Searles, Housing Authority, Traver Aiken, HUD, Family, Senior, Age Restrictive, Mineral Springs Drive, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, Planning Commission, Family Connection, Sherry Morris

First of all, I don’t know why we would have tabled the vote as that was one of the main objectives of the council meeting that was on the agenda. I am the council member who made the motion to APPROVE the zoning contingent upon all of the conditions that had been recommended to us by the Planning Commission and Zoning Board previously who had already heard the request. At a recent previous zoning hearing, the mayor actually violated the city’s meeting policy by allowing it to be tabled and when the question was raised at the meeting about the legalities of being able to table it, I was not willing to participate in anything other than what I knew to be the law and policy in place. Additionally, I had legal counsel who had advised me that we had to vote. Unfortunately, our city attorney was not present and was not available to provide legal advice at the time, so I made the motion and proceeded by the policy that was set for such which is that we were to vote immediately following the hearing. That rule is outlined on page 4 as Item 5 in the Meeting Rules of Procedures. Additionally, all council members had all of the information to review ahead of time. As a matter of fact, all of them had talked with the developer personally, got questions answered, and had from the zoning hearing time frame to the council meeting date to research and investigate any matters regarding this zoning request so a decision could be made the night of the hearing as required. There have been rumors that this hearing was “rushed” or “pushed” through in a matter of a couple of weeks, and I can attest to the fact that such statements are untrue. The amount of time for it was longer than what was required by law and this has been being discussed for many weeks. If there are any proven facts to the contrary, I have not been privy to it and have no knowledge of such.

What is most disappointing, and heartbreaking is that one of the biggest opportunities in the history of this county, in my opinion, for the local community was lost. The need for affordable housing is real and needed in a bad kind of way. The chance for us as the city council and as the community as a whole to help the “locals” was there and stripped away due to political and personal reasons in my opinion. I might also add from knowing all of the facts and information surrounding this project as a whole, I feel that was the reason and reason alone that the mayor voted no for the project is out of spite as one of the parties involved which is ashamed in my opinion. This was not about her and anything political this was about doing what is needed in the area and doing the right thing for the people, something the mayor has lost sight of over the last few years it seems. The reason the mayor publicly gave as she voted no was because she wished she just had some more information and had some numbers for the sewer. I know my jaw probably dropped open when that was the reason given because the mayor is or should be very aware of the city’s infrastructure information as it was her herself who just a couple of weeks ago quoted the exact information at a city council meeting and also as the previous zoning hearing for another developer that she was now acting like she didn’t know anything about and had questions regarding. Well for the record, the question regarding the sewer, was information that she knows and all of us know and have known. As I made the statement at the meeting, the sewer upgrades the city has to do regardless and already have planned to do. Below is a snapshot of our master infrastructure needs for both water and sewer which you will see both of the items in question on that the mayor didn’t know anything about or have recollection of. Perhaps she forgot this spreadsheet even existed because the Mineral Springs sewer and Aska pump station have been on a list for repair/replacement for quite some time and even talked about publicly in March when this information was provided to the public. The mayor herself even spoke about it at the infrastructure meeting we had in April but now a month later for this situation she knows nothing about it. Very interesting. I would highly suggest going back and watching the meeting or reading the minutes of the meeting on infrastructure and you’ll see her concerns stated for the denial were already addressed and she’s fully aware of that. Please listen to the meeting of the April 21, 2021 meeting and compare it to Tuesday night’s council meeting. One would think it was two different Mayors speaking at each meeting. One sounds highly educated about our sewer/water and the other she sounds like she has not clue as to what is going on with it and is confused with questions. So, what was the real reason??? Is she really just totally out of the loop and neglecting her job duties as CEO of the city or did she just use that as an excuse and play dumb so she could vote against it? Now that everything is being researched and dissected and she’s been caught in lie after lie, I would think she would have learned some valuable lessons, however, it doesn’t seem she has. Each of you can do your own research, watch and listen and you can make your own conclusion.

Blue Ridge, Georgia, Affordable Housing, Beverly J. Searles Foundation, Philip Searles, Housing Authority, Traver Aiken, HUD, Family, Senior, Age Restrictive, Mineral Springs Drive, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, Planning Commission, Family Connection, Sherry Morris

The water and sewer departments are both departments in which I am over so I can speak with firsthand knowledge of these items. These have been planned to be done and are slated to be completed by 2022 regardless of if this project had gotten approved or denied. The Aska pump station already has a task release number and will be applied for through grant at the beginning of next year. The cost is around $1,000,000. The Mineral Springs storm water problem is estimated at $500,000. It too is slated to be completed and corrected by 2021, but we will know more actually next week. Matt Smith, the city’s engineer from Carter and Slope, said that next week we will run another camera and he thinks the lines will have to be replaced as they are too small. He feels the high end of the project is $500,000. As stated, this is all in the works to be completed according to the plan by 2021 and is and has already been planned. The grant for the Aska Pump station would actually benefit from showing that we could have been adding more customers to this area. It shows we will have more ability to pay for these upgrades. Regardless of the project going forward or not, these two things HAVE TO BE DONE! There is no way around it.

In my opinion whether it be that used for the excuse or something else, there was going to be an excuse to vote no because of the underlying motif behind the denial. I had calls from people prior to the meeting trying to get what the true facts were about this project and the developers behind it as people were stating that they were called from the mayor personally giving information and her opinion on the project that were not even factual and were discrediting parties involved and doing what she’s been known to do best which is creating “chaos” to push her agenda. In addition to a personal vendetta towards some of the parties involved she also has been at odds with and has a strong dislike for the director of the housing authority for years. As a matter of fact, the housing authority as of this very minute still doesn’t have a signed coop agreement from the city that has expired, and they’ve been working diligently on getting done for months and months if not well over a year as I’ve been involved the last few months. Every time we get everything done and ready to vote and sign off on it, there’s another hurdle thrown up or excuse to delay it even further. Again, all power plays and personal dislikes which are putting the citizens and public’s best interest in the crossfire which is shameful and disgusting. For those people who are living in the tents around town, in campers and in tractor trailers, the homeless, and those living with family members because they can’t find housing and affordable housing at that in this area, they are the ones that this effected the most. This could have made an impact on their lives and it was an opportunity lost and only for the reasons for the mayor to flex her muscles for political and personal vendettas. I want to thank all of those people who have put so much time and effort in trying to get affordable housing in this area. It is needed way beyond what most people who live locally even realize. I hope that we can all do our part to help those in need and that there will be a new solution for affordable housing at some point in the near future for the residents of this area.

Management of City Parking will not go out to bid

City Council, Development Authority, Downtown Blue Ridge, News
Blue Ridge, Georgia, Parking, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, Executive Parking Systems, Shelli WoJohn, Bid, Process, Contract, veto

Blue Ridge, Ga. – Tempers flared again as Blue Ridge City Council voted on whether it would be in the City’s best interest to put the management of municipal parking out to bid.

In a second Special Called Meeting held on Friday, May 21, 2021, Council Member Nathan Fitts proposed that the City release Executive Parking Systems (EPS) from their current contract managing the City’s parking and put the duties of parking management out to bid.

Blue Ridge, Georgia, Parking, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, Executive Parking Systems, Shelli WoJohn, Bid, Process, Contract

Payment kiosk installed by EPS for 24/7 collections.

Fitts stated his reasoning for his proposal was that by not placing the service out to bid there was a look of impropriety in allowing the contract to continue without any competition and that EPS was in violation of the terms that had been agreed upon.

“The fact that this agreement only applied to special events is further confirmed by the audio of the City Council meeting in October 2019 when the council voted on this issue,” Fitts said, explaining the breach of contract.

According to Fitts the agreement with EPS was for the company to handle Special Events parking only, not day to day collections that the company is currently providing.

Council Member Rhonda Haight played audio clips from a previous meeting between City Council and the Downtown Development Authority where Fitts does clarify that EPS would be used for Special Events only.

Fitts said that EPS continuing to collect money for parking that was not from Special Events was in fact illegal.

Fitts stated, “The council has a duty to the citizens to immediately stop these unauthorized funds that are being collected by Executive Parking.”

During discussion, fellow Council Member Mike Panter referred to an email sent by City Attorney James Balli that stated “In this instance, the parking contract is not required to be submitted to the sealed bid process”.

The current contract between the City of Blue Ridge and EPS states of parking that EPS will furnish duties “as needed or requested by the City” and that EPS would collect “20% of the Net Operating income from each event, which is the total income made per event minus EPS employee expenses”.

EPS had presented the City with an updated contract changing the wording of these two statements to duties furnished would be “24 hours a day/7 days a week/ 365 days a year” and collecting “25% of the Net Operating Income each month from all City Properties, which is the total income made per month per location”.

The updated contract, however, was never approved by council.

“I know what the contract says,” Mayor Donna Whitener expressed when questioned if she understood the contract,  “It says as needed and you all needed it.”

Fitts responded to Whitener saying that her opinion is invalid, “You have a conflict of interest because you sold them a piece of property. You’re in violation of the Charter.”

Blue Ridge, Georgia, Parking, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, Executive Parking Systems, Shelli WoJohn, Bid, Process, Contract

EPS signage located in municipal parking off of Mountain Street.

Shelli Wojohn, General Counsel at Valet Vault & Executive Parking Systems, also spoke up saying, “An event is every time we operate as per stated in the contract.”

“So every day is an event in Blue Ridge?” Haight questioned WoJohn.

As the meeting began to unravel, Whitener tried to adjourn but Haight said adjournment would not take place since a motion had already been made and the Council was in the middle of a vote.

Cesar Martinez, Chairman of the Downtown Development Authority, was asked his opinion since he had been present throughout much of the discussions related to the City’s parking.

“In my opinion, and I am not a lawyer,” Martinez responded, “When we let them put the parking meter up in the city municipal lot that was under the request of the City. They were doing it as needed and requested by the City.”

Panter and Council Member Harold Herndon voted against putting the service out to bid.

“They’ve done a good job. There was a need. Income has been good,” Herndon explained his position, “I don’t think the City at this time of the year can afford a delay or holding up services for any length of time.” 

During fiscal year 2020 the City made $65,116.87 in revenues collected by EPS.

With two opposing votes (Panter and Herndon) and two in favor (Haight and Fitts), a tie breaking vote was cast by Mayor Whitener against bidding out parking management. Council Member Robbie Cornelius was not present for the meeting.

Haight went on record that she felt the Whitener’s vote was a direct conflict of interest due to a real estate transaction between the Mayor and EPS. 

Haight also stated of EPS continuing to collect revenues everyday and not just for Special Events, “Right now in my opinion they (EPS) are taking money that doesn’t belong to them and that’s theft.”

Council rejects rezoning request on affordable housing development

City Council, Community, News
Blue Ridge, Georgia, Affordable Housing, Beverly J. Searles Foundation, Philip Searles, Housing Authority, Traver Aiken, HUD, Family, Senior, Age Restrictive, Mineral Springs Drive, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, Planning Commission, Family Connection, Sherry Morris

Blue Ridge, Ga. – The proposed affordable housing project to be located on Mineral Springs Drive has come to a halt after a tie breaking vote denied the rezoning request put forward by the Beverly J. Searles Foundation.

Emotions were high in a full room as City Council listened to sides both in support and in opposition of the new project.

The crowd gathered at City Hall on May 11 showed overwhelming support of the proposed affordable housing project, where at the Planning Commission meeting held on May 4, citizens present then were mainly in opposition of.

Despite the opposition, the Planning Commission chose to move forward, recommending rezoning of the area from R2 residential to R3 high density residential, contingent upon suggestions made through the staff analysis.

Blue Ridge, Georgia, Affordable Housing, Beverly J. Searles Foundation, Philip Searles, Housing Authority, Traver Aiken, HUD, Family, Senior, Age Restrictive, Mineral Springs Drive, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, Planning Commission, Family Connection, Sherry Morris

Proposed plans of affordable housing development in City of Blue Ridge.

Among the supporters present at the City Council meeting were many who work directly with various charitable organizations in Fannin County.

“Without a stable place to call home, it is very difficult for working families to show up for work consistently,” Sherry Morris, Executive Director of Fannin County Family Connection, said of situations that she encounters daily, “I know it seems unbelievable but national statistics show that impoverished citizens work an average of 1.4 jobs. That’s right, it takes a great deal of working hours at service wages just to be poor. Let’s be a caring community and give a hand-up to our citizens.”

Philip Searles, President of the Beverly J. Searles Foundation, was also in attendance to give Council and the public a brief overview of the intended affordable housing units. 

Searles took the time to address several of the concerns that had been brought to his attention during the Planning Commission meeting.

Of these concerns, Searles addressed specifically the danger of the intersection at Mineral Springs Drive and Aska Road stating that his foundation was willing to work with the county and offer $40,000 towards a solution to the area, such as a traffic signal.

Searles also addressed nearby residents’ concerns of increased crime once the units were occupied. According to Searles, the units would not be available for occupancy to anyone with a previous felony that is on record. Searles also stated that he had spoken with local law enforcement on the matter.

His foundation proposed that they would install a vehicle tag reader at the entrance of the complex. This reader would have a direct feed to law enforcement and police would be able to monitor whether any vehicle entering the premises is connected to an active warrant.

“I’m not expecting this to buy you all or make you all want me here, I get that, but I want to let you all know that I hear you all and I’m trying to do what I can,” Searles turned and spoke to a group of would be neighboring residents who had expressed concerns during the Planning Commission meeting.

Residents from neighboring properties still spoke in opposition and expressed concerns over the City’s infrastructure as well as decreasing property values.

Council Members discussed their concerns over the project, with Council Member Nathan Fitts stating that his main concern would be with the added traffic to the area.

Council Member Mike Panter questioned Searles over recently passed Federal legislation allowing for Federal Housing to be filled with persons outside of the general area. Searles assured Panter that this would not happen due to the need for the housing in Fannin County.

Blue Ridge, Georgia, Affordable Housing, Beverly J. Searles Foundation, Philip Searles, Housing Authority, Traver Aiken, HUD, Family, Senior, Age Restrictive, Mineral Springs Drive, Fannin County, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, Planning Commission, Family Connection, Sherry Morris

Crowd storms out of City Hall after rezoning request is denied.

Traver Aiken, Manager of the Blue Ridge Housing Authority, explained that the demand in Fannin County is great for this type of housing. All of the Housing Authority units are currently occupied and according to Aiken there is a waiting list of approximately 70 applicants.

“I’ll be honest with you. I’m not ready to make a decision,” Panter stopped Council Member Nathan Fitts before a motion was made to vote, “We just got the report from the Planning Commission today.”

Discussion began of the legalities of tabling the rezoning request.  Tabling would allow Council Members more time to research the topic. 

With no clear guidance on whether delaying the vote was within the legal powers of the City Charter, Fitts motioned to accept the rezoning request with prior contingencies in place.

Council Member Rhonda Haight recused herself from the vote as she is the current owner of the property located on Mineral Springs in which the affordable housing complex would be built.

Council Members Nathan Fitts and Herald Herndon voted in favor of the rezoning request and Council Members Mike Panter and Robbie Cornelius voted against.

Mayor Donna Whitener cast the tie breaking vote in opposition of the rezoning request: “I don’t think anybody here is opposed to affordable housing but I just think that if we had had some more information, it would have been a little better. I would have liked to have known what this number is for sewer, so I vote no.”

 

Featured Image : Crowd gathers at City Hall for Council meeting regarding rezoning request for affordable housing development

Blue Ridge’s Panter provides county with brief aquatic center synopsis

News
aquatic center

BLUE RIDGE, Ga – Blue Ridge City Councilmember Mike Panter attended the April 27 Board of Commissioners meeting to present his idea for an aquatic and wellness center.

Though not officially on the agenda, the commissioners granted Panter time to present during public commentary. Previously, the commissioners all encouraged the city council to publicly present the idea at a county meeting.

He began by stating he wants to develop a communal space for the city, county, and school on the unused farmer’s market property. The area’s been closed for almost 12 years according to Mayor Donna Whitener.

Intended property for the building.

The proposed aquatic and wellness center would include an indoor heated pool, outdoor splash pad, two indoor gyms, indoor playground, fitness center, wellness center, two multipurpose conference rooms, and indoor/outdoor walking tracks.

Panter estimated the project will cost between $7 and $9 million since the city already owns the land – 4.91 acres. In-depth cost analysis wasn’t addressed during the meeting.

“Lot of opportunity, a lot of money that can be raised for a facility of this size. Now $7 to $8 million dollars sounds like a lot of money. If we wait 10 years from now that same facility will be $25 million based on our growth,” Panter explained, “What I’m proposing is that the city of Blue Ridge do a joint venture with the school system and the county government to see if we can use this piece of property, we’ve got sitting right here in the heart of our community.”

The project could be completed in phases. According to the handouts provided by Panter, phase one would include the main building and pool. The pool would be enclosed during phase two with PEMB and openable glass doors.

Panter commented that the center could be a profitable venture for the county, city, and school. Under the current plan, volunteers would predominately operate the facility. The city would pay for the three or four full-time employees.

“If we continue to allow our land to be developed to go high-end commercial to people outside of our community, that land’s not going to be recreated for us down the road. And one of the things I talked to the council about, I said ‘why don’t we take this facility and see if we can work with the county and school system and put something together,” Panter explained.

He added that SPLOST, LOST, hotel/motel tax, and possibly grants could pay for a portion of the project. According to the materials provided, the aquatic and wellness center might qualify as a tourism product development under Georgia Code 48-13-50.2(6)(A-P).

“And other ‘creation or expansion of physical attractions which are available and open to the public and which improves destination appeal to visitors, support visitors’ experience, and are used by visitors,’” the handout document stated.

The layout of the proposed facility

Panter offered that some new residents of Fannin look for tax deduction opportunities and residents could donate money toward the proposed facility. His materials cited Internal Revenue Service Code section 170 (c)(1) which pertains to charitable donations to governmental units for tax deductions if made for a public purpose.

As for SPLOST funds, typically, when citizens vote to approve a new SPLOST tax, it lists the proposed projects. An aquatic and wellness center wasn’t included in the latest list of SPLOST projects, but that doesn’t mean a county can’t divert funds for the effort.

However, Fannin has yet to move forward with the voter-approved administrative facility aside from purchasing Whitepath in 2019. The future of that building for administrative offices faces continued uncertainty with a public hearing scheduled for next week.

Additionally, any decision regarding Whitepath could affect the future of the library. While the library hasn’t appeared on a SPLOST vote either, the state did provide $1.3 million to the library for a capital outlay project – namely the construction of a new facility, either at Whitepath or elsewhere. There’s also a timetable associated with those state funds. Basically, the county has several big-ticket projects to consider before entering into an intergovernmental agreement with the city for something new.

The aquatic and wellness center will be discussed at a later meeting, and Panter intends to speak at a board of education meeting to gauge their support.

Panter campaigned on bringing a YMCA-like facility to Blue Ridge before being elected to city council. He’s tried to develop a similar facility since 1990.

Blue Ridge playground reopens to the public

City Council, Community, Downtown Blue Ridge, News

Blue Ridge, Ga. – After much wait and debate, the playground at Blue Ridge City’s downtown park is officially reopen for public use.

Several council members, Mayor and members of the city’s Street Department  met at the park on Thursday, April 22 to commemorate the reopening.

Blue Ridge, Georgia, Fannin County, Censure, Conduct, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Park, Playground, Open, Angie Arp

City’s playground with newly installed padding and turf.

The park had been closed for several months after Council Member Mike Panter discovered that certain aspects were not in safety compliance and needed to be addressed.

“I did not want the liability. I did not want the city to have the liability, and I felt like it was my responsibility to close the park,” Panter said in a past meeting, defending his stance to close the park, “I know I did the right thing.”

The park was initially in compliance upon original renovations, headed by former council member Angie Arp, but issue arose over lack of upkeep following these renovations. 

In particular the park’s mulch had become compacted over the years and no longer met safety standards to provide ample padding.

“We haven’t had any additional mulch added in three and a half years. We have not had an inspection in three and half years since it was put in,” Panter had previously explained.

City Council voted for the long lasting synthetic turf and padding option, presented by Panter, to cover the park’s grounds and the City of Blue Ridge Street Department worked diligently to correct any drainage issues in the area. 

“It’s going to be done correctly. It’s going to be done right,” Panter had stated of moving forward with the padding and turf option.

The city has also received approximately $19,000 from a private donor for shades to be installed at the park. These shades will be installed on the playground’s existing equipment.

“The shades have been ordered,” Panter said, “And as soon as they arrive they will be installed.”

Arp also stopped by the park to see the latest in renovations and commented, “It is really nice. I’m glad that it will be opened back up in time for the children to really use when school lets out for the year.”

Call for investigation into City delinquent tax matter

City Council, Downtown Blue Ridge, News
Blue Ridge, Georgia, Fannin County, Censure, Conduct, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, Sunshine Law, City Charter, Finance Director Alicia Stewart, Delinquent Taxes, Investigation, Tracie Jo Bracken, Audit Engagement Partner, Welch, Walker and Associates

Blue Ridge, Ga. – The May meeting of the Blue Ridge City Council could see a motion to investigate uncollected taxes with the blame being laid on Mayor Donna Whitener and Finance Director Alicia Stewart.

Council Member Rhonda Haight read from a prepared statement during the April meeting. Haight wanted to go on record to clear her name of any matters relating to the delinquent taxes owed to the City.

“I do not want to be associated with delinquent taxes,” Haight stated adding, “I had no knowledge and most of the council members did not.”

Blue Ridge, Georgia, Fannin County, Censure, Conduct, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, Sunshine Law, City Charter, Finance Director Alicia Stewart, Delinquent Taxes, Investigation, Tracie Jo Bracken, Audit Engagement Partner, Welch, Walker and Associates

Haight goes on record about City’s uncollected taxes.

The issue of delinquent taxes haven been seemingly swept under the rug was brought to the public’s attention late last year after Council Member Mike Panter attended a City Finance meeting.

Records showed that the City had not pursued collection of these taxes from as far back as 2010.

Panter estimated that in previous years the collection rate sat somewhere around 60 percent and currently he estimates the collection rate to be between 85-87 percent.

Haight questioned, “Why was the city council not told about this? I’ve gone over 10 years of budget that I have on file. It’s not in a budget.” 

Panter did counter this statement later in the meeting by saying that the financial meeting that he attended was held annually and that a council member had always been present during these meetings.

Haight reached out to Tracie Jo Bracken, Audit Engagement Partner with Welch, Walker and Associates, to try to find answers as to why council was never made aware of the issue.

According to Haight, Bracken stated that the issue of uncollected taxes “was not pinpointed and not included as an item of concern in the budget” but that Braken had discussed the matter in exit interviews with the Whitener and Stewart and had recommended Fi. Fa.

“Fi. Fa. is a tax lien or writ, authorizing the Sheriff or Ex-Officio Sheriff to obtain satisfaction of unpaid taxes by levying on and selling the delinquent taxpayer’s property.”

In order to pursue Fi. Fa. council members would have to grant approval.

Haight went on to cite sections of the City Charter, specifically Section 2.2 and 3.2. 

According to Haight, “Under Section 2.2 the Charter states that the Mayor is to submit the council at least once a year a statement covering the financial conditions of the City and from time to time such information as the City may request” and under Section 3.2 “the neglect to perform duties is cause for removal”.

Haight claims there is cause for Whitener to be removed by not disclosing relevant information to council and not fulfilling her duties to uphold the Charter shown by example of the City not having a Treasurer.

Haight suggested hiring an independent consultant to look into the matter and also suggested putting standards into place so that this would not occur in the future.

Council Member Nathan Fitts shared his opinion as well, “I think personally that somebody should be accountable for this. I think the Financial Director and Mayor should be accountable for it. I think the public expects the council to do something over it.” 

Fitts went on to say that he personally believes that the Mayor should resign over the issue. Fitts would like to put to vote the investigation of the matter not only for accountability to the public but to also show which council members “are supporting what’s right and what’s wrong”.

FYN spoke with Whitener, who was not present at the meeting during the discussion of delinquent taxes.

Whitener said there were a number of considerations to look into when going over the delinquent taxes and gave the example of businesses who had gone out of business but had failed to remove themselves from the digest.

“We’ve been within our range,” Whitener said, explaining that municipalities have a range of projected collections.

“I hate it. I hate it for the people of Blue Ridge,” Whitener replied when asked about the latest allegations and arguments. “Their worries are not who likes who. Our citizens deserve to have a community where they feel like they can approach their leaders and be able to get good answers. We’re here to serve. We’re not here to fight.” 

Fitts goes on record with Mayor’s alleged violations

City Council, Downtown Blue Ridge, News

Blue Ridge, Ga. – Council Member Nathan Fitts is going on record with alleged City Charter violations and State Law infractions committed by the Mayor and certain Council Members.

At the March 9th City Council meeting Fitts made the public aware that Mayor Donna Whitener and Council Members Mike Panter and Robbie Cornelius had been served with an Ante Litem notice on his behalf.

This legal notice comes after Panter presented a censure against Fitts, which ultimately passed. Panter, Cornelius and Whitener voted in favor of the censure while Council Members Rhonda Haight and Herald Herndon voted against.

During the March meeting Fitts briefly explained the Ante Litem notice and stated that the censure was an attempt to silence him from exposing the wrongdoing of the Mayor and Council.

Fitts went on record with some alleged violations during this meeting and FYN has obtained a copy.

***FYN is publishing the alleged violations as presented by Council Member Nathan Fitts. These accusations have not been verified.***

Alleged Violations of Mayor and Council as presented by Council Member Nathan Fitts

Mayor Donna Whitener: 

2011 – 2019 Georgia State Law and City Charter Violations – These are just a few that’s been put together that have happened during the 12 years the Mayor has been in office.  There are more to come as time allows as there is an extensive history of violations of both state and local laws. 

  • After being elected to office in November 2010, she immediately implements insurance compensation for herself and the council members, without council approval. This was a violation of the City Charter; a year later she voted on her own re-zoning request that made her resident legal for her to hold office. Until she cast the tie breaking vote, Donna Whitener didn’t have a legal residence to even hold the office of Mayor. She illegally ran for office and after winning illegally held the position, due to the fact her residence wasn’t zoned to allow her to live above her furniture store. Mayor Whitener’s tie breaking vote she cast was a conflict of interest and was an unethical action, which could have been called null and void according to law. Her unethical action was cited by an investigation propertied by the council in her second term, due to her continued illegal actions.
  • Mayor Donna Whitener spends and gives away Hotel Motel Taxes illegally during her first 4-year term as Mayor. A portion of Hotel Motel tax is restricted by law and can only be given to C-6 Non-Profit Organizations; Mayor Whitener gave thousands of tax dollars away illegally to non-profit organizations, of whom some were friends or acquaintances of hers. Misuse of tax dollars is a violation of state and local laws and warrants not only removal of office but possibly more drastic consequences.
  • Mayor Donna Whitener violates the city charter and her oath of office and neglects her duties as the mayor. As mayor, she is to preside of the meetings meaning: to exercise guidance, direction, or control, to occupy the place of authority: act as president, chairman, or moderator. She is to make sure the meetings are run correctly according to the meeting policy set forth by the council and the governing laws of the state and it is her duty to make sure all state and local laws are adhered to.  She is not authorized or allowed to make up her own laws or ignore the city charter.  Not one time in her 12 years as mayor has the mayor conducted the meeting in accordance with the councils meeting policy.  The mayor is responsible for following all policies and to make sure the meetings are conducted professionally. Mayor Whiteners neglect conduct meetings by policy and her neglect to follow state laws and the city charter since her first days in office has caused years of unproductivity, chaos, arguing, division, taxpayers money wasted and shame and embarrassment to the city and county.

2020 Georgia State Law and City Charter Violations

  • February 5, 2020:  Violation of Charter and Sunshine Law:  On February 5, 2020, a Special Meeting was called to vote on Annexation.  Nathan Fitts and Rhonda Haight attended in person.  They were the only two council members present.   Both questioned the validity of the meeting since the third member joined by phone. Mayor Whitener assured them both that this was a legal meeting, but this was false information.  According to the Sunshine Law and the City Charter there was no quorum present; therefore, the items voted on were in violation of state and local law. Mayor Whitener not only lied to the council about details of the annexation, but she also lied about the legal process, all in an effort to press the annexation through for her own personal political agenda. After Nathan Fitts and Rhonda Haight found out Mayor Whitener had lied to them, they also discovered the mayor had made promises to developers and others to push the annexation through.
  • February 11, 2020:  Violation of Charter:  Mayor Whitener proposed a retaining wall replace the deck on East Main Street; however, she didn’t have quotes for the council to approve, so the city council voted to table proceeding with project until quotes were provided. The mayor abused her authority, blatantly defying the council’s vote, stating that she was going to tear the deck down anyway.  With no idea of what the project would cost or if the city could afford the project, the mayor had workers tear the deck down before quotes for the project had been received and ignored orders of the council not to move forward with the project until quotes came in. Mayor Whitener destroyed City Property without authorization and council approval. (See attached Meeting Minutes) (This is on audiotape). The mayor’s actions constitute abuse of power and violates her duty of office.
  • May 2020:  Violated Civil Rights of Councilman Nathan Fitts: Mayor Whitener tried to force an investigation through fabrication of lies submitted to Home Depot, even after being told by Home Depot there was no issue.  Mayor Whitener abused her power by directly trying to force actions by attempting to have the Blue Ridge City Police engage in actions that was not warranted by law. It took the Chief of Police to stop her attempts by telling her he would not allow her to use his department to pursue her attacks on a council member and that it would be liability to the city if she continued trying to pursue a case without cause.
  • October 20, 2020: Violation of City Charter:  Mayor Whitener violated the City Charter by allowing items to be added to the agenda after the meeting was called.  The Charter and state law states NO ADDITIONAL ITEMS can be added to a Special Called Meeting Agenda.  Mayor Whitener allowed Council Member Mike Panter to speak for 10 minutes on a topic that was not on the Agenda, even after being warned that it was illegal.  In fact, she admitted she forgot to add it and permitted Panter to speak anyway.  (See Meeting Minutes) Both Whitener and Panter violated the Charter and state law.  At the time of the violation, they were both notified and told they were in violation and they both ignored the council member siting them and illegally proceeded the meeting as they had planned.
  • October 20, 2020:  Georgia Open Meetings Act Violation: Mayor Whitener violates state law and her oath of office by allowing Council Member Mike Panter to violate the state meetings law and the city charter in a special called meeting she presided over. The mayor has an obligation to uphold the city charter and state laws and she willingly ignored her duty, by allowing Panter’s misconduct and local and state law violations.
  • December 2020: Violation of City Charter: Mayor Whitener violated the city charter by not disclosing the sale of her parking lot and using inside information for personal financial gain.  Elected official prohibitions are mandated by the charter under Section 2.16. (a)(1), (a)(3), (a)(5), (a)(6), (b), (c). that any elected official that engages in personal business transactions with city employees or anyone in a contract with the city, disclose their intentions to the city council and the public at a public meeting with the item clearly stated on the agenda and the disclosure must be recorded and kept on file with the city clerk. Mayor Whitener failed to disclose the sale of her personal property to a company in contract with the city, to the council in an open meeting as prescribed in Section 2:16 of the city charter.  Mayor Whitener violated the city charter by participating in a matter related to a contract or negotiation that she benefited from financially as specifically prohibited under Section 2.16.a.6.
  • January 9, 2021:  Violation of City and State Zoning Meeting Policy:  Mayor Whitener violated the city charter and local and state zoning meeting laws by allowing Council Member Mike Panter to violate the zoning laws himself. The zoning meeting law mandates the council vote on a rezoning request immediately after the hearing and Council Member Mike Panter made a motion to table the vote till the next meeting.  Mayor Whitener failed to inform Council Member Mike Panter that his motion violated the law; the mayor and the other council members that voted in favor of Panters motion should have known the law regarding zoning hearings. They either did not know the law or they ignored it.  The mayor also allowed the vote to be delayed again in the February meeting, with Council Member Mike Panter leading the charge to put the vote off again and Council Members Cornelius and Herndon voting with him. The mayor should know the laws and her duties and should have corrected the illegal actions and behavior, however, due to possible political alignment and close friendship she allowed Council Member Mike Panter to violate the law.
  • February 2021: Violated Councilman Nathan Fitts Fourth Amendment Right under the United States Constitution by allowing on a vote of censuring without cause or evidence.  Under the laws of the United State Constitution due process is required and even after being put on notice by Councilman Fitts, Councilman Fitts personal attorney and the City Attorney, the mayor allowed such action and furthermore, she cast a tie breaking vote for said “censuring” which his illegal and not allowed under the City of Blue Ridge’s charter.  Additionally, they manipulated the agenda for the February meeting in efforts to try to publicly humiliate and embarrass councilman Fitts.  Their direct premeditated actions prove they have set out to try to harm him, discredit him and using tactics that are defamation of character and illegal under the law.  Lastly, they not only have harassed Councilman Nathan Fitts by making up a stream of lies and events over the last year on him, none of which have turned up to have any validity, proof, or substance.
  • February 2021:  Violated Councilman Nathan Fitts First Amendment Right under the United States Constitution by allowing on a vote of censuring without cause or evidence with the same conditions as outlined above.
  • February 2021:  Violated Councilman Nathan Fitts right to vote as an elected official and councilman stating he couldn’t vote on the “illegal” censure vote and did not allow him to vote.  The mayor was the tie breaking vote, but she had not only a conflict of interest with her obvious vindictive behavior towards him over the last year or so but also, she voted on her own zoning which is clearly a conflict of interest but uses her abuse of power to manipulate the outcome to her needs.

Councilman Mike Panter: 

             Georgia State Law and City Charter Violations

  • October 20, 2020: Mike Panter violated the City Charter by not following the agenda and talking and acting out of turn from the filed agenda.  He ranted for over 10 minutes on a subject matter that still isn’t even understood the purpose.  The Charter states NO ADDITIONAL ITEMS can be added to a Special Called Meeting Agenda.  He was notified and told he was in violation and he ignored such and continued his rants instead of following the process required by law.   
  • October 20, 2020:  Mike Panter violated state law and his oath of office by his misconduct and misbehavior.  As the charter plainly states the oath of office is taken to uphold local and state laws.
  • Violated the Opens meeting Act by not following the agenda set forth.
  • Violated the rezoning meeting policy and state zoning laws making a motion to table the vote after the hearing. He again the second time violated it again when the vote wasn’t taken at the next meeting after being table the prior month. The mayor should know the laws and should have corrected this illegal behavior, however, due to political and special treatment she allowed Mike Panter to violate the policy.   old him he couldn’t do that, but she didn’t so she is actually in violation of the meeting and zoning laws as well.
  • Violated council orders and a council vote by giving approval for paying 4 V Ranch without approval from the council.  Even after he was notified, he was in violation, he still continued forward and paid it without approval.  Being within his budget did not make it alright, regardless of if you are over the department or not, council decision and votes are not at the liberty of one council member to make the decision as set forth by the city charter.
  • February 2021 – Violated Councilman Nathan Fitts Fourth Amendment Right under the United States Constitution by allowing on a vote of censuring without cause or evidence.  Under the laws of the United State Constitution due process is required and even after being put on notice by Councilman Fitts, Councilman Fitts personal attorney and the City Attorney, the mayor allowed such action and furthermore, she cast a tie breaking vote for said “censuring” which his illegal and not allowed under the City of Blue Ridge’s charter.  Additionally, they manipulated the agenda for the February meeting in efforts to try to publicly humiliate and embarrass councilman Fitts.  Their direct premeditated actions prove they have set out to try to harm him, discredit him and using tactics that are defamation of character and illegal under the law.  Lastly, they not only have harassed Councilman Nathan Fitts by making up a stream of lies and events over the last year on him, none of which have turned up to have any validity, proof, or substance.
  • February 2021 – Violated Councilman Nathan Fitts First Amendment Right under the United States Constitution by allowing on a vote of censuring without cause or evidence with the same conditions as outlined above.  February 2021 – Violated Councilman Nathan Fitts right to vote as an elected official and councilman stating he couldn’t vote on the “illegal” censure vote and did not allow him to vote.  The mayor was the tie breaking vote, but she had not only a conflict of interest with her obvious vindictive behavior towards him over the last year or so but also, she voted on her own zoning which is clearly a conflict of interest but uses her abuse of power to manipulate the outcome to her needs.
  • Failed his obligation of the city charter under Section 2.17. Removal of officers – Under (a) it states that the mayor or councilmember, or other appointed officers provided for in the charter, SHALL BE removed from office if one or more of the following causes which those are listed in items 1-6.  This section doesn’t give the councilmembers options as to if they “want” to remove another elected official from office it says they “shall” and mandates for it to be done to uphold the charter.  Has allowed the mayor to intentionally violate state and federal laws without any type of reprimand, recourse or public call to action directly violating his obligation to the people of this city and the oath of office he took.

Councilwoman Robbie Cornelius:

            Georgia State Law and City Charter Violations

  • February 2021 – Violated Councilman Nathan Fitts Fourth Amendment Right under the United States Constitution by allowing on a vote of censuring without cause or evidence.  Under the laws of the United State Constitution due process is required and even after being put on notice by Councilman Fitts, Councilman Fitts personal attorney and the City Attorney, the mayor allowed such action and furthermore, she cast a tie breaking vote for said “censuring” which his illegal and not allowed under the City of Blue Ridge’s charter.  Additionally, they manipulated the agenda for the February meeting in efforts to try to publicly humiliate and embarrass councilman Fitts.  Their direct premeditated actions prove they have set out to try to harm him, discredit him and using tactics that are defamation of character and illegal under the law.  Lastly, they not only have harassed Councilman Nathan Fitts by making up a stream of lies and events over the last year on him, none of which have turned up to have any validity, proof, or substance.
  • February 2021 – Violated Councilman Nathan Fitts First Amendment Right under the United States Constitution by allowing on a vote of censuring without cause or evidence with the same conditions as outlined above.
  • February 2021 – Violated Councilman Nathan Fitts right to vote as an elected official and councilman stating he couldn’t vote on the “illegal” censure vote and did not allow him to vote.  The mayor was the tie breaking vote, but she had not only a conflict of interest with her obvious vindictive behavior towards him over the last year or so but also, she voted on her own zoning which is clearly a conflict of interest but uses her abuse of power to manipulate the outcome to her needs.
  • Failed her obligation of the city charter under Section 2.17. Removal of officers – Under (a) it states that the mayor or councilmember, or other appointed officers provided for in the charter, SHALL BE removed from office if one or more of the following causes which those are listed in items 1-6.  This section doesn’t give the councilmembers options as to if they “want” to remove another elected official from office it says they “shall” and mandates for it to be done to uphold the charter.  Has allowed her personal friendship and obligations to the mayor to take precedence over her judicial duties for the city by allowing the mayor to intentionally violate state and federal laws without any type of reprimand, recourse or public call to action directly violating his obligation to the people of this city and the oath of office he took.

Fitts pursues legal action against censure

City Council, Downtown Blue Ridge, News
Blue Ridge, Georgia, Fannin County, Censure, Conduct, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, David Syfan, Hostile Work Environment, Lawsuit, Anti Litem, Whistleblower

Blue Ridge, Ga. – The recent censure of Council Member Nathan Fitts could lead to legal proceedings that would cost the taxpayers of Blue Ridge.

Blue Ridge, Georgia, Fannin County, Censure, Conduct, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, David Syfan, Hostile Work Environment, Lawsuit, Anti Litem, Whistleblower

Feb. Zoom City Council meeting in which Panter brought forth the censure of Fitts.

Fitts’ personal lawyer and previous City Attorney for the City of Blue Ridge, R. David Syfan, sent an Anti Litem Notice (intent to sue) to those members of council, including the Mayor, who pursued and voted in favor of the censure.

“Honestly I sit here as a council member embarrassed to even have to discuss these items,” Fitts said informing the public that an Anti Litem Notice had been sent.

Among those to receive the notice were Mayor Donna Whitener, Council Member Mike Panter and Council Member Robbie Cornelius.

Fitts claims that there has been a series of harassment leading up to the censure in an attempt to silence him for bringing alleged wrongdoings by the Mayor and Council to light.

Through this harassment, Fitts says that he has had to defend his name and reputation over “falsified information”. Fitts stated that the council needs to focus on the City Charter and the law and quit pursuing personal vendettas.

“Not one piece of evidence. Not one fact. Not one incident that can be proven has still to this day come out,” Fitts said of the censure and added according to the City Charter, “You don’t need to censure me. Remove me from office but you better prove I did something wrong.”

Fitts spoke before the vote of censure that took place during the Feb. Blue Ridge City Council meeting. It was during this time that he read a letter from his attorney, Syfan, stating that the censure would not only be violating the City Charter but also Fitts’ civil rights.

The Anti Litem Notice reiterates this stance stating:

“The due process requirements of the Fourth Amendment of the United States Constitution would require appropriate advanced written notice of the alleged violations, and evidentiary hearing in which the alleged evidence of the alleged violation could be presented, and which would allow the accused Councilmember to have the ability to be represented by an attorney at the public evidentiary hearing and have cross examination of witnesses, and review any documentary evidence.”

The Anti Litem Notice goes on to cite the Georgia “Whistleblower Law”, stating that Fitts brought to light the actions of Council Members and Mayor and that the censure is an attempt at retaliation.

“At the very least they acted negligently in attempting to impose injury upon Mr. Fitts,” states the notice, “and in the context of the whole situation, they also acted maliciously and oppressively.”

The letter asks for the council to “rescind the censure motion and publicly apologize” and states several times that Fitts does not wish to proceed with the lawsuit unless necessary.

Council and Mayor have been given one month to rescind the censure and the issue is expected to be addressed at the next Blue Ridge City Council meeting to be held on Tuesday, April 13, 2021.

Blue Ridge, Georgia, Fannin County, Censure, Conduct, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, David Syfan, Hostile Work Environment, Lawsuit, Anti Litem, Whistleblower

Blue Ridge, Georgia, Fannin County, Censure, Conduct, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, David Syfan, Hostile Work Environment, Lawsuit, Anti Litem, Whistleblower

Blue Ridge, Georgia, Fannin County, Censure, Conduct, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, David Syfan, Hostile Work Environment, Lawsuit, Anti Litem, Whistleblower

Blue Ridge, Georgia, Fannin County, Censure, Conduct, City Council, Post 1, Harold Herdon, Post 2, Rhonda Haight, Post 3, Mike Panter, Post 4, Robbie Cornelius, Post 5, Nathan Fitts, Mayor, Donna Whitener, Attorney, James Balli, David Syfan, Hostile Work Environment, Lawsuit, Anti Litem, Whistleblower

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