Blue Ridge Alcohol Committee continues ordinance discussion
Business, News May 31, 2018
BLUE RIDGE, Ga. – The topics of possibility extending weekend drinking hours for restaurants and the future of employee permits headlined the discussion at the third Blue Ridge Alcohol Committee meeting Tuesday, May 29.
The meeting consisted of an informal round-table discussion that included the committee, which consists of city council members Robbie Cornelius and Harold Herndon, city residents David Gray (absent from the meeting) and Larry Versyn, and local business owners Stuart Arp and Ken Brenneman, as well as Mayor Donna Whitener, Police Chief Johnny Scearce, city supervisor of tax and licensing Sally Smith, and local business owners Brendan Doyle and Scott Peters.
The idea of extending hours during which establishments are allowed to serve alcohol was originally proposed by Arp, owner of Chester Brunnemeyer’s Bar and Grill, at the first Alcohol Committee meeting April 11. Arp suggested extending the cut off time for alcohol service from 11:30 p.m. to 12:30 a.m. on Friday and Saturday nights.
Arp stressed to the committee and attendees that he felt businesses are losing tourist dollars from visitors who are unaware of the 11:30 p.m. cut off time and do not begin to arrive in the downtown area until 9:30 or 10 p.m.
“It would be a good thing to give us the option, whether (business owners) implement it or not,” said Doyle, owner of The Boro Inn, of the possibility of extending the cut off time on weekends.
In addition, Arp stated he would like to amend the beginning of alcohol service from 9 a.m. to 11 a.m.
Brenneman, owner of Blue Jeans Pizza and Pasta, objected to the idea of modifying the morning start time for alcohol sales. “We have places of business that serve breakfast, and if they want to serve a mimosa, they ought to be able to serve a mimosa. Just like you ought to be able, or you guys are pushing, to serve liquor at 1 a.m. in the morning,” Brenneman stated to Arp.
To this, Arp clarified his proposal was for a 12:30 a.m. cut off with all patrons to be vacated from establishments by 1 a.m.
“There are events that drive people in here that are looking to go out late,” Arp stated. “Even some of the employees, there’s no place for them to go (after work) because (businesses are) already closed. I don’t think 12:30 a.m. is egregious by any means … and I’m only saying for two nights a week.”
Concerning the potential 12:30 a.m. cut off, Versyn stated he believed it was “not unreasonable.”
Mayor Whitener also mentioned she felt a later cut off could possibly attract local residents who work until 6 or 7 p.m. or even later to come out who normally would not.
Regarding employee serving permits, the committee revisited the proposed ordinance amendment from January, which would require employees to reapply for a new permit every year at a cost of $30 instead of once every three years.
When Cornelius asked the business owners present where they stood on the proposal, Arp, Doyle and Peters all felt the change would be too much of a hardship for employees. Brenneman, however, favored the change to one year.
Offering an explanation for the proposed change, Smith told the committee of a local bartender who had recently received two DUIs (driving under the influence) in the time following the issuance of his serving permit. “We never knew about it (and) he’s not supposed to have that,” Smith said, referring to the serving permit.
“I can understand both sides; I’d split the difference (and) go two years,” Chief Scearce said. “You’re right on some points and you’re right on your points, but what I’m saying is this … say someone got out there and got popped in Atlanta at a concert with a bag of dope in their pocket … We’d never know about it till we run (a check).”
The committee also discussed the legality of “sip and shop” events at downtown businesses.
At the May 2 meeting, Versyn stated he had heard of retail establishments serving alcohol to patrons after hours while they shopped, and he expressed a concern over this.
At Tuesday’s meeting, Chief Scearce explained business owners cannot serve or sell alcohol to customers either privately or after hours, but business owners themselves are allowed to consume alcohol in their place of business after hours.
“You’re saying it’s still okay to lock the doors and then drink all night long in their establishment as long as they’re not selling it?” Versyn asked Scearce.
Again, Scearce stressed to Versyn business owners are not allowed to serve customers, but “if these (owners) want to sit in their business after it’s closed and sit there all night long and get drunk off their hind end, I could care less. But when they come out on that road, they’re mine.”
Also, in the January ordinance amendments, which passed a first public hearing by the city council but was never adopted, a provision was proposed for the mayor and/or council members who hold a 10 percent or higher ownership in an establishment to recuse him or herself from voting on any matter that would involve said establishment.
The Alcohol Committee appeared in agreement that this amendment should be approved as originally presented.
Moving forward, City Attorney James Balli is expected to draft a new proposal for amendments to the alcohol ordinance based on the recommendations and discussions of the Alcohol Committee over the past two months and present them to the city council at a future meeting.
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City boards restructuring draws criticism
News May 11, 2018
BLUE RIDGE, Ga. – An ordinance to restructure the city’s Planning Commission and Zoning Board of Appeals was approved by the Blue Ridge City Council during its May 8 meeting Tuesday.
Last month, a first reading of the ordinance was presented during the council meeting. As explained then by City Attorney James Balli, the ordinance would condense both the Zoning Board of Appeals and the city Planning Commission from seven members to five members each. Balli further explained each city council member would appoint one member to serve on each board and appointees would be allowed to serve on both boards, if the council member so desired. According to Balli, the ordinance would amend an already established city ordinance to be compliant with the City Charter and state law.
After a second reading this month, the ordinance was approved unanimously. According to Balli, the council’s appointments are Gene Holcombe to serve as Councilwoman Robbie Cornelius’ appointment to both the Planning Commission and the Zoning Board of Appeals, Cindy Trimble to serve as Councilwoman Rhonda Haight’s appointment on both boards, Mark Engledow and Angelina Powell to serve as Councilman Harold Herndon’s appointments to the Planning Commission and Zoning Board of Appeals, respectively, Rick Skelton to serve as Councilman Nathan Fitts’ appointment to both boards, and Thomas Kay and Michael Eaton to serve as Councilman Ken Gaddis’ appointments to the Planning Commission and Zoning Board of Appeals, respectively.
At the end of the meeting, Eaton, existing chairman of city Zoning Board of Appeals, spoke to the council concerning the changes to the two boards.
“What I have a problem with is we’ve basically eliminated three positions on the Zoning Board of Appeals tonight for three different people who have put in a lot of time and effort for their part and were not contacted or told any of this was going to happen,” Eaton stated.
“John Soave, Ralph Garner, Brendan Doyle – when are their terms up?” Eaton asked.
To this, Mayor Donna Whitener responded, “Their terms are up as of today.”
“I feel like we’ve all been left in the dark. This has been done very disrespectfully,” Eaton added, saying he was only contacted by Gaddis who notified Eaton he would be the councilman’s appointment. “I think it’s been done very poorly.”
A second reading for an Illumination Ordinance amendment was also presented and approved at this month’s meeting. The ordinance, according to its wording, makes it “unlawful for any person, organization of persons, or entity to willfully tamper with, illegally project light upon, mutilate or deface any City personal or real property, including, without limitation, trees, other plants, buildings, drive-in theaters screens, vehicles or other equipment for lighting, firefighting, police protection or water and sewer installation and maintenance.” First-time violators of the ordinance now face a civil fine of at least $500 and subsequent violations are punishable by a civil fine of at least $500 and up to 90 days in jail.
An amendment to change the rules of procedure at council meetings to allow for more public commentary on action items was approved unanimously by the council. As explained by Balli, the amendment will now allow five sections of public commentary at two minutes per person on a first come, first serve basis for any item requiring a vote from the council. Following the end of the public commentary, the council would then vote on the item. The amendment also allows for individuals to speak on any late additions to the agenda without having to request ahead of time to be on the agenda to speak themselves.
Jeff Stewart, city zoning supervisor, presented bids and estimates for repairs to the roof at City Hall. The council unanimously approved and awarded two bids: one from GoCo for $6,650 for the demolition and removal of the bank drive-through and another from Trademark Coatings for $35,427.50 for the repair of the main roof of the building. According to Trademark’s estimate and scope of work, the cost will include pressure washing and reuse of the existing shingles, which were deemed to still be in good condition, and application of a urethane foam base coat, which is designed to create a seamless roofing system.
The city received $20,165.00 in insurance claims for damage sustained to city hall during a storm in the spring of 2017.
The council unanimously approved an allotment of up to $10,000 for remodel of the city police department building on Church Street. In February, the council approved a previous amount up to $10,000 for needed repairs and renovation of the police department. Mayor Whitener explained after initial work to the building began, further problems and issues were also revealed, but she anticipated that the further work should cost under the additional $10,000.
Police Chief Johnny Scearce stated further repairs and upgrades to the building, built in 1936, will include repairs to a corner of the roof, replacement of gutters and fascia boards, and upgrades to the lights and electrical wiring system. “One thing led into another,” Chief Scearce said of the building renovation.
Replacement of the slide deck at the city pool was discussed after the city received a quote from Miracle Recreation Equipment Company in the amount of $6,009.86 to replace the slide. Councilwoman Rhonda Haight questioned the decision to replace the slide considering the uncertain future of the city pool and potential liability issues with the slide.
“Considering we don’t really know the future of the pool, do we just take it down for right now or spend $6,000?” Haight said. “I would suggest just take the slide out, (because) first of all, (it is) a liability, and second, because we don’t know (the pool’s) future.”
Whitener stated parts to repair the pool thus far for the upcoming season have amounted to under $5,000, which was considerably less than originally anticipated. The mayor seemly advocated for the replacement of the slide stating the slide is heavily used by children at the pool and removal of the slide would require additional concrete work.
“Well, I would have to agree with Rhonda,” Councilman Nathan Fitts said. “To keep spending money with the unknown future of the pool, to me, doesn’t make financial sense.”
After further discussion, the council approved for the slide to be taken down.
In public commentary, Gene Holcombe spoke on behalf of the Blue Ridge Business Association and inquired of the city’s progress with adding downtown public restrooms and parking space. Mayor Whitener told Holcombe Councilman Herndon had recently suggested the idea of building a small restroom unit near the large public parking lot off of Mountain Street as early as this summer using detainee labor and engineering assistance from Councilman Gaddis’ All Choice Plumbing company. As for the parking situation, Whitener told Holcombe the parking study, which was approved in the council’s April meeting, was still in the process of being completed.
After an executive session, Councilwoman Haight made a motion to “resolve a claim involving 0.03 acres with Campbell Camp Investments LLC and to give the mayor authority to sign a quick claim for that property.” After a second from Gaddis, the motion passed unanimously.
The council approved three invoices from the city’s water system engineering firm, Carter & Sloope:
- In the amount of $13,092.50 for various engineering services, Georgia Department of Transportation (GDOT) permitting for water line work on state Route 515 near BB&T bank and on state Route 60 in Mineral Bluff and plan reviews of the Fannin County Agriculture and Public Safety Complex buildings;
- In the amount of $11,639.10 for continued monitoring of metals and temperature at the city’s wastewater treatment facility; and
- In the amount of $11,363.75 for providing preliminary cost estimates to GDOT for proposed utility relocation along state Route 5 as part of the forthcoming highway expansion.
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City alcohol committee still working with ordinance
News May 4, 2018
BLUE RIDGE, Ga. – The newly formed Blue Ridge Alcohol Committee met for the second time in less than a month Wednesday, May 2.
Originally, the committee had hoped to use this meeting to finalize proposed changes to the city’s alcohol ordinance and present those changes to the city council at its May 8 meeting. However, after additional questions over the ordinance emerged following further research, the committee agreed to continue its study into the ordinance in an effort to improve it, according to the committee’s chairperson, City Councilwoman Robbie Cornelius.
This month’s round-table meeting produced a number of new concerns and further discussion on topics addressed in April.
One of the new concerns this month was who exactly is responsible for enforcement of the alcohol ordinance. The committee asked whether Sally Smith, city tax and licensing clerk, Blue Ridge Police Chief Johnny Scearce or someone else was responsible for issuing citations for ordinance violations. It was agreed this matter would need to be researched thoroughly before the next meeting.
“I actually think we need to move to a separate entity altogether,” said resident committee member Larry Versyn.
Versyn suggested establishing a city Alcohol Ordinance Enforcement Agency. “If such an ‘agency’ was formed, it could allow (city) council members or the mayor to obtain a permit should they desire without there being a conflict (of interest) or without giving them an unfair advantage in the application process either now or further down the road,” Versyn added.
Conflict of interest for council members was another topic discussed at Wednesday’s meeting. The ordinance currently requires a council member holding a 10 percent or more controlling interest in an establishment to “divest himself thereof within 60 days” of election or appointment to office. A previously proposed amendment would allow a council member to retain his or her controlling interest percentage but disallow that member from voting on any such issue involving said establishment.
Ken Brenneman, owner of Blue Jeans and Pasta, described the current conflict of interest clause as “too restrictive” to council members and Versyn adamantly agreed with Brenneman. Harold Herndon, committee member and city councilman, stated he was still debating with his stance on the issue.
Brenneman suggested adding “simple language” in the ordinance for a recusal process for council members. “If (Councilman) Nathan (Fitts) is the owner of The Vault, Nathan ought to be a city council member and he ought to be the owner of The Vault,” Brenneman explained.
Versyn again presented several concerns he has as a downtown resident. Versyn suggested either further limiting the amount of beer able to be consumed during tastings at local breweries or better enforcing the established limit according to the ordinance. He stated he had visited one such brewery over the weekend and noticed patrons consuming four to six glasses of beer in an hour without having eaten any food during that time. In last month’s meeting, Stuart Arp, committee member and owner of Chester Brunnenmeyer’s Bar & Grill, also put forth this same concern.
Also attending the meeting, Scott Peters, owner of Alpine Deli & Cafe, pointed out, according to the ordinance, establishments are required to serve food to guests after two alcoholic beverages are consumed before another drink can be delivered.
Also, Versyn said the committee needed to further research laws regarding “Sip and Shop” practices, where retailers offer a complimentary drink to patrons while shopping. While Brenneman stated he did not have a problem with it and said he felt the idea was a “great concept,” Versyn stated he was concerned over liability and safety issues.
“For one, (retailers) are not trained to (serve alcohol),” Versyn said. “(Patrons) can go from shop to shop to shop and have a little bit in each shop, and by the time they get to the end of the street, they’re walking into traffic.”
Concerning overall enforcement, Versyn again questioned the Blue Ridge Police Department. “There is a gross inequality here in the city of Blue Ridge,” Versyn stated. “Until we enforce these laws for everyone, what’s the point in having it? And I am tired of the police chief (Johnny Scearce), and I’ve said it before, playing favorites with different owners downtown … The police department should not be escorting drunks home at night. They should be arresting them and throwing them in jail.”
Though not able to attend the meeting, Arp, stopped by city hall at the start of the meeting to leave a printed list of recommended changes to the ordinance with the committee. Among the changes Arp proposed are amending the hours of operation, raising special event permit fees from $50 to $150, and lessening the penalties to a liquor license holder in an instance when an employee serves an underage patron.
Last meeting, Arp stated he would favor extending Friday and Saturday night hours of operation to 12:30 a.m. but added he was against the current morning hours of operation beginning at 9 a.m. According to Arp’s proposal, he would like to change the overall hours of operation to 11 a.m. to 11:30 p.m. Monday through Thursday, 11 a.m. to 12:30 a.m. Friday and Saturday, 12:30 p.m. to 11:30 p.m. on Sunday, and 11 a.m. to 12:30 a.m. on New Year’s Eve.
Brenneman stated he did not have an issue with current 9 a.m. beginning hour of operation. “My only concern … was I really don’t think anything happens good after midnight,” Brenneman said, “and I’m concerned in the public interest and public safety perspective. You know again, we don’t have Uber, (and) we don’t have Lyft. We’re limited in transportation requirements … The infrastructure is all tied in together. It’s going to be up to the council to decide how late they want people to consume alcohol.”
Concerning penalties to establishments serving underage guests, Arp stated in his proposal, “The punishment should be more geared to the server who failed to follow the law versus the license owner. We need to research other cities/towns’ laws regarding this.”
The next Blue Ridge Alcohol Committee meeting will be Tuesday, May 29, at 5:30 p.m. at City Hall.
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Finances discussed, ‘interim’ tag removed from Chief Scearce at city council meeting
News April 11, 2018
[Featured image: The Blue Ridge City Council welcomed Richie Walker, territory sales manager for Advanced Disposal, to its April meeting. Advanced Disposal will be donating two dumpsters to be used during Georgia Cities Week April 21 through 27 during which the city will be sponsoring a city-wide clean-up where residents are encouraged to dispose of yard trash at one of two dumpsters located at City Hall and the Farmer’s Market. Seen here are, from left to right, front: Councilwoman Robbie Cornelius, Councilwoman Rhonda Haight, Walker, Mayor Donna Whitener; back: Councilman Nathan Fitts and Councilman Ken Gaddis.]
BLUE RIDGE, Ga. – The Blue Ridge City Council addressed potential projects and city finances as well as removed the “interim” tag from Police Chief Johnny Scearce at their Tuesday, April 10, meeting.
Alicia Stewart, city finance director, presented an extensive break-down of the city’s finances along with current projects being undertaken by the city during a capital planning session. The purpose of the session, as explained by Mayor Donna Whitener, was to develop 12 to 18-month plan for the city.
Stewart began by addressing the city water fund and announced the amounts of revenue versus the cost of current projects, such as the current Community Development Block Grant project match ($79,244.46), phase II of the East Main Street project ($372,243.41), and a payoff for a 2015 Georgia Environmental Finance Authority (GEFA) loan ($108,000) among others. All told, the city has approximately $884,780.81 in cash available remaining in the water fund balance, according to Stewart.
However, also in her presentation, Stewart presented the council with a list of prioritized water infrastructure needs anticipated for the city over the next five years. Among those needed projects are an over $2 million line relocation project for water lines required by the Georgia Department of Transportation (GDOT) for the forthcoming state Route 5 highway expansion, a $500,000 upgrade project to the Aska Road sewer substation and a projected $640,000 for phases III and IV of a meter replacement project.
“Bottom line is we have $884,000 in spendable money, and we’ve got about $4 million in projects,” Whitener said. “So the next time somebody says, ‘Oh, we’ve got all these projects,’ we don’t have money … and these are projects that really can’t stay on the back burner too much longer.”
As far as this year’s Special Purpose Local Option Sales Tax (SPLOST) revenue, Whitener suggested two road projects: a turning lane for Blue Ridge Elementary School and a repaving project on West First Street. The mayor stated after those projects and factoring a negative balance of $46,707 from last year’s SPLOST, about $50,000 will remain in SPLOST funds this year.
Stewart also explained there is an amount of $320,523.09 in cash available from the general fund and close to $584,000 in reserves, which is $400,000 from the sale of the marina property and a $183,000 cd (certificate of deposit).
“Those two together put us just right at the $600,000-ish that would be needed to meet our policy of holding 25 percent of our budget as reserve,” Stewart explained. “So, if we dip into that, we’re not reserving according to our policy.”
Whitener then announced a list of potential projects and the ensuing costs she told the council to consider, including approximately $100,000 for repairs to the city hall roof, $75,000 to $100,000 for stormwater run-off projects, up to $300,000 for a grant match for downtown bathrooms, $350,000 to $400,000 for major upgrades and renovations of the city pool, and undetermined amounts for potential renovations of the farmer’s market, renovations of the deck at the depot and several street projects.
“I need you all to be thinking about this before the next meeting because you are going to have to make some decisions,” Whitener told the council.
Later in the meeting, Councilwoman Rhonda Haight proposed the idea of hiring an independent contractor to conduct a comprehensive parking study for the city. Haight explained that she and Councilman Nathan Fitts had recently participated in several meetings in an effort to obtain grants for enhancing downtown parking and installing downtown public restrooms.
“Everybody we’ve met with so far they’ve asked do we have a comprehensive parking study in place,” Haight said, “and pretty much, for us to get any money, if we even can with grants or even a loan, we’re going to have to have a comprehensive parking study.”
Haight also stated the city, last year, had received an estimate for a parking study that would cost $28,000 to $30,000.
Concerning the requirement of the study to apply for grants, Fitts added, “We’ve been sitting down at a lot of these meetings and the requirements to even apply for grants and get grants is more comprehensive than I ever even realized, so we’re going to have to have this regardless.”
After this, Haight made a motion to proceed with steps to conduct the study, which was followed by a second from Fitts with the provision for the city to receive estimates for the study. Initially, the vote was stalled when Fitts and Haight voted in favor of the study, but council members Robbie Cornelius, Ken Gaddis and Harold Herndon all delayed in voting. Cornelius and Gaddis both questioned the financing of the study.
“One of reasons I asked Alicia (Stewart) to look at doing as much as she did on the (capital planning information) you got today is so you understood where the money is and where it will have to come from, so therefore, if you approve up to $30,000 for this study, remember that you’re pushing something else (another project) down the road,” Whitener told the council.
Another vote was taken with Fitts and Haight again voting in favor, Cornelius and Gaddis voting against and Herndon abstaining. After consulting with City Attorney James Balli as to the nature of the vote, Mayor Whitener voted in favor of the parking study to break the tie, allowing for the city to proceed with the study as proposed.
In other items, the council also unanimously voted to appoint Johnny Scearce as the Blue Ridge City Police chief without the attached tag of “interim”. At the first city council meeting of the the new year and new administration Jan.9, the council voted unanimously to add the title of “interim” to Scearce’s role as police chief until such time as another permanent police chief could be installed to replace Scearce. At this month’s meeting, the decision to remove the “interim” tag was made without discussion or explanation as to the council’s reasoning behind the move.
First readings for two city ordinances were given at the meeting. The first ordinance, as explained by City Attorney James Balli, would condense both the Zoning Board of Appeals and the city Planning Commission from seven members to five members each. Balli further explained each city council member would appoint one member to serve on each board and appointees would be allowed to serve on both boards. According to Balli, the ordinance, if passed, would amend an already established city ordinance to be compliant with the City Charter and state law.
The other ordinance, termed an Illumination Ordinance, would, according to the wording, make it “unlawful for any person, organization of persons, or entity to willfully tamper with, illegally project light upon, mutilate or deface any City personal or real property, including, without limitation, trees, other plants, buildings, drive-in theaters screens, vehicles or other equipment for lighting, firefighting, police protection or water and sewer installation and
maintenance.” First-time violators of the ordinance would face a civil fine of at least $500 and subsequent violations would be punishable by a civil fine of at least $500 and up to 90 days in jail.
The council voted to increase water rates for wholesale users from $3.25 per 1,000 gallons to $4.25 per 1,000 gallons. Becky Harkins, city utilities director, explained that the cost to the city to produce and provide water to wholesale users has recently increased to $3.75 per 1,000 gallons. Harkins also added that, if approved, the rate increase would take effect in 90 days, beginning with the July billing cycle. After Mayor Whitener asked Anita Weaver, chairwoman of the Fannin County Water Authority (FCWA), about the fairness of the 90-day advance notice to the FCWA, Weaver stated the Authority, one of the wholesale users that would be affected by the increase, would prefer a six-month notice. As a compromise, the council approved the rate increase, which will take effect in 120 days as opposed to 90.
In a follow-up discussion from the March 13 meeting, Councilman Gaddis stated that steps are being taken by the council in coordination with City Clerk Kelsey Ledford and City Attorney Balli to amend the city council’s rules of procedures for meetings to allow for more public commentary on action items before a final vote is taken. Gaddis explained he would like to see speakers be given a chance to address the council in an open-mic forum. He also added he did not want to place a limit on the number of speakers allowed to speak. However, Haight suggested setting a time limit for speakers, and Fitts suggested only allowing one person from a given organization or group to speak on a particular action item. Balli stated drafts of the amended rules of procedures are being composed, and Gaddis said he would like for the issue to come to a vote at the May meeting.
The future of the farmer’s market property was again addressed by the council. Haight stated she had received some feedback from two different groups interested in using the farmer’s market in some capacity. Gaddis said he personally had received no interest from anyone.
“If we don’t have anything by the next meeting, I would ask that we maybe could open this up for leasing options,” Gaddis said. “Obviously, strict leasing options to preserve the farmer’s market and everything about the history of the farmer’s market.”
After a brief executive session, the council reconvened and approved two personnel decisions. The council approved Chief Scearce to hire Ricky Henry as an officer starting at a rate of $16 an hour. Also, the hiring of Mark Patterson as water treatment plant supervisor was approved at the rate of $21.50 an hour.
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Committee reviews city alcohol ordinance, discusses enforcement needs
News April 12, 2018
BLUE RIDGE, Ga. – An Alcohol Committee has been formed at the request of the Blue Ridge City Council and Mayor Donna Whitener to review the city’s alcohol ordinance. On Wednesday, April 11, the committee held its first meeting and discussed proposed amendments to the ordinance as well as other possible changes seen as needed.
The committee is composed of six members, including city council members Robbie Cornelius and Harold Herndon, city residents David Gray and Larry Versyn, and downtown restaurateurs Stuart Arp and Ken Brenneman.
At a Jan. 25 special called meeting, a first reading of an amendment to the alcohol ordinance was conducted. In that amendment, three distinct changes to the ordinance, which was first enacted in April 2011, were presented to the council. The first change in Section 110.45-34(f)(6) would change the valid time span for employee serving permits from three years to one year.
Another change in Section 110.45-14 (a) would change the wording of the conflict of interest statement for the city council to disallow a member of the council with more than a 10 percent controlling interest of an establishment licensed to sell, distribute, or deal alcohol from a “vote on any matter involving or relating to said establishment.” Previously, the ordinance required a council member holding such a controlling interest in an establishment to “divest himself thereof within 60 days” of election or appointment to office.
The third change in Section 110.45-50 (b)(2)(H) would allow for “reasonable drink specials” for regular establishments and for “licensed catered functions pursuant to an issued City permit.”
The committee discussed and reviewed these changes as well as addressed several other possible changes to the ordinance. Herndon noted that the conflict of interest section of the ordinance did not contain specific wording to include the mayor.
“That might be something we need to add,” Cornelius stated.
Versyn did point out the heading of the section included the words “officials and employees,” but also brought attention to another subsection, which reads “The Mayor, upon advice and consent of the City Council, may exempt officers and employees of the City from the provisions of this section.”
“If that’s the case, how can the mayor exempt herself?” Versysn asked. “So, that has to somehow be changed.”
Later, the conversation included other slight adjustments to the ordinance and enforcement of laws already in place. Brenneman, owner of Blue Jeans Pizza & Pasta, questioned the feasibility of the ordinance’s requirement for any front-of-the-house employee to have an alcohol serving license. He stated, to his understanding, the ordinance even requires all non-serving, front-of-the-house positions, such as a hostess, food-runner or busser, to be permitted.
“It seems to me (the ordinance) should actually be constrained to those who are actually serving,” Brenneman stated.
Arp, owner of Chester Brunnenmeyer’s Bar & Grill, stated he would like to see better enforcement of the alcohol ordinance, particularly in regard to the 50/50 food-to-alcohol sales ratio and the hours of operation for establishments serving alcohol. Currently, the ordinance requires at least one-half of the total sales of any establishment serving alcohol to be food sales. The ordinance also prohibits the sale of alcohol after 11:30 p.m.
Arp said the lack of enforcement of these policies are benefiting establishments that either are ignoring or are unaware of the policies and hurting establishments that are following the law.
“A lot of the problem is that people don’t even know the laws,” Arp stated. “I think our mission is to clean (the ordinance) up, make recommendations about if we think the hours are wrong … and then enforcement is one thing … I don’t think a mayor or a city council person should have an interest because they control recommending suspensions of licenses, approving of licenses … It’s problematic for me as a business owner (for city officials) to have that kind of power and they’re my competitor … I don’t think (the ordinance) has to be blown up. I just think it has to get tweaked.”
As for the 50/50 food-to-alcohol ratio, Arp stated he agreed with the ordinance in that regard and said his restaurant consistently produces a monthly ration of 65/35. Brenneman stated his restaurant consistently produces a 90/10 food-to-alcohol ratio. Versyn, however, stated he would like to see a less stringent ratio of 40/60 in an effort to increase business in downtown Blue Ridge.
“Right now, (patrons) leave these restaurants at 8 p.m. at night, for the most part, and they head to Ellijay where they can go drink,” Versyn said. “What I’m saying is let’s keep people in Blue Ridge, in this city, a little longer than what they’re doing now.”
To this, Cornelius stated she did not like the idea of increasing the alcohol percentage. Gray agreed with Cornelius and said, “My feeling is that there are kids on the road, my kids, and when you start serving more alcohol, that puts more risk for more accidents.”
The committee also felt the 50/50 ratio should apply to breweries and wineries in the same manner as it does to restaurants.
“I can’t tell you how many people I get coming into my restaurant at 5 p.m. on Saturday and they’re intoxicated because they’ve been drinking $15 beer tastings all day long and now I have to deal with it,” Arp said.
When Cornelius mentioned the ordinance currently places a 24-ounce limit on tastings at breweries and wineries, the issue again returned to enforcement.
“I see it every night starting at about 11 p.m., the cops start cruising,” Arp said, “and we do a great job of harassing our tourists and pulling them over, but (police officers) are not going into the places that are breaking the law that are serving them.”
Later, Arp suggested the idea of extending the hours of operation for alcohol establishments from 11:30 p.m. to 12:30 a.m. on Friday and Saturday nights in an effort to increase business from tourists who may not be aware of the 11:30 p.m. cut-off time. “(Tourists) are used to going out later and staying out later,” Arp explained.
“As a resident, I think we do enough catering to tourists,” Gray responded.
“Like it or not, for better or worse, Blue Ridge is a tourist town,” Versyn told Gray. “If we do not cater to tourists, we will become a ghost town.”
To this, Gray told Versyn he understood but also held concern for younger drivers coming home at the same time patrons are leaving downtown restaurants. Again, the conversation returned to enforcement, and Versyn stated that restaurants are prohibited from serving anyone who is intoxicated no matter what the time.
“If we can do the enforcement, if the enforcement can be done, I have no problem with it,” Versyn stated of the 12:30 a.m. cut-off of alcohol sales, “but if we’re going to rely on the Blue Ridge City Police Department, escorting their favorites home at night instead of arresting them like they should … that is not what we’re supposed to be doing.”
Following this, Cornelius instructed the committee to continue to review the ordinance and begin an email conversation with suggestions for amendments and revisions. A second meeting was then scheduled for Wednesday, May 2, at 5:30 p.m. to finalize changes to present to the city council at the May 8 council meeting.
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Transparency discussed at Blue Ridge City Council meeting
News February 14, 2018
BLUE RIDGE, Ga. – “Transparency” was a word heard and a topic addressed frequently during the Tuesday, Feb. 13, Blue Ridge City Council meeting.
The topic discussion began in earnest during the council’s first reading and adoption of a purchasing policy amendment. The amendment was explained by Blue Ridge Finance Director Alicia Stewart after Council Member Rhonda Thomas-Haight recommended the policy’s changes be read in an effort to produce “transparency with the audience.”
Blue Ridge City Council, from left, front: Mayor Donna Whitener, council members Rhonda Thomas, Robbie Cornelius; back: council members Harold Herndon, Nathan Fitts and Kenneth Gaddis.
According to the amended policy, the changes will allow purchases up to $500 to be approved by a city department supervisor or the city clerk in a single transaction with no required quotes. Purchases between $500.01 and $2,500 will require one supplier quote, verbal or written, and approval from the department supervisor. Purchases between $2,500.01 and $5,000 will require one written quote, approval of the department supervisor and written authorization of an elected city official. For purchases from $5,000 to $99,999.99, two written quotes, bids, or proposals will be required along with approval from the city council prior to issuance of a purchase order.
Any expenditure over $100,000 whether supplies, equipment or service contracts will “require a contract and
sealed bids or proposals and shall be advertised in the legal organ a minimum of two times, with the first advertisement occurring at least four weeks prior to the opening of sealed bids or proposals.” Also, council approval will be required for these expenditures.
When asked by an audience member why the changes were being made to raise the spending thresholds, Stewart stated the new city council requested the changes to give more responsibility and freedom to department supervisors to make needed expenditures within their allotted budgets.
“An example: we had an issue where we had a fire hydrant that was damaged and (Water and Utilities Director) Becky (Harkins) couldn’t even order a fire hydrant without getting three council members to approve (along with) a department head and all those things,” Mayor Donna Whitener said, “and when a fire hydrant is leaking, you really need to get it replaced or you’re going to have a lot of water on the ground. So, it’s enough to take care of emergency purchases like that.”
After Brian Pritchard, publisher of FetchYourNews, questioned the council about the $100,000 limit and the requirement of bids, Stewart reiterated bids would still be required for purchases below $100,000.00, but the public procedure of advertising the request for bids through the legal organ for four weeks would not be required.
Also, the amendment as originally drafted would have raised meal allowances for city officials on city business trips from $30 a day to $40. However, after council members Robbie Cornelius and Ken Gaddis agreed the amount should be left at $30, the amendment was approved provided the meal allowance remain unchanged.
Later, a conflict of interest disclosure was read concerning a $500,000 Community Development Block Grant (CDBG) awarded to the city in 2016 to upgrade water and fire protection infrastructure in portions of neighborhoods east of or near East Second Street. The disclosure gave public notice of technical conflicts of interest among all city council members, except Gaddis, who either live or own property in the area, have family members who live in the area and/or have business interests in the area. Whitener said that although a similar statement was read previously concerning the project, it occurred during the previous city council administration. The mayor further explained there were similar conflicts among the former council members as well.
“Hopefully, since we’ve read the conflict, there shouldn’t be any issues with that,” Thomas-Haight explained, “because it is transparent.”
Of the public notice, City Clerk Kelsey Ledford explained, “We’ve disclosed all of our conflicts of interest and then at our next council meeting, we’ll have all the paperwork to formally request an exception to the conflicts of interest.”
Also concerning the CDBG project, the council approved to add Ledford to the bank account designated for the project, approved the contract from The Renee Group, the construction firm that will be overseeing the project, and gave approval to Mayor Whitener to sign the notice to proceed with the project after City Attorney James Balli reviews the notice.
Before the council entered into executive session to discuss personnel issues, Pritchard again addressed the council, asking them about the possibility of utilizing workshops, similar to those seen during the former administration, to allow for better transparency to citizens. “This is the second regular meeting and one special called meeting (during the new administration) and you’re doing a lot of first readings, and I’m really not understanding where the council is having these discussions,” Pritchard stated.
Mayor Whitener stated, in regard to the purchasing policy amendment, that she, council member Harold Herndon and all the department supervisors had a previous meeting to discuss the changes to the policy.
“The citizens don’t know this till they get here … You made a major first reading on a purchasing policy tonight,” Pritchard continued. “Could you go back to workshops because I just have a little concern on transparency?”
To this, Thomas-Haight replied, “You will notice too tonight, we have taken interaction from the audience. Our previous council did not do that, and we want people to be involved … We are 100 percent transparent and we are allowed by law to communicate with each other via email, we can call each other … We talk all the time, but we’re not breaking the Sunshine Law because we don’t meet.”
“All I ask is if you could look at (using) workshops. That’s it,” Pritchard said again.
“We’ll consider it,” Thomas-Haight told Pritchard.
Fetch Your News is a hyper local news outlet that attracts more than 300,000 page views and 3.5 million impressions per month in Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. FYNTV attracts approximately 15,000 viewers per week and reaches between 15,000 to 60,000 per week on our Facebook page. For the most effective, least expensive local advertising, call 706-276-6397 or email us at advertise@FetchYourNews.com
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City attorney decision discussed by Whitener, Thomas-Haight
News February 1, 2018
BLUE RIDGE, Ga. – Following the recent hiring of new Blue Ridge city attorney, James A. Balli, at the Jan. 9 city council meeting, Mayor Donna Whitener and Councilwoman Rhonda Thomas-Haight spoke with FetchYourNews about some of the details regarding the city’s decision to replace former city attorney David Syfan with Balli.
Providing specific reasons for replacing Syfan, both Whitener and Thomas-Haight expressed the need for a change in representation. “(Syfan’s) been with the city for 20 years,” Thomas-Haight stated. “It’s time for a change. Of course, every four years, we appoint that position, and (with) the new council, we just felt like it was time for a change.”
“As I’ve mentioned several times, I felt like (Syfan) didn’t represent the entire group (of the mayor and council members),” Whitener added. “I want a city attorney that works for all six of us and for the city and the citizens.”
The mayor went on to clarify that Balli has not represented any of the city council members or herself previously. She said, “Of course, that became a little bit of an issue … (The new council) felt like they wanted somebody that represented all of us on an equal playing field.”
Mayor Donna Whitener, left, City Attorney James Balli and Councilwoman Rhonda Thomas-Haight attend the Jan. 9 Blue Ridge City Council meeting.
During the city council meeting, in which Balli was hired, Whitener explained that four candidates, in addition to Syfan, applied for the position of city attorney. Balli was inevitably hired at a reduced rate of $175 per hour with a rate of $200 per hour for time spent representing the city in court. Among the other attorneys who applied for the position were local attorneys Lynn Doss and Cortney Stuart, whose clients include Fannin County and city of McCaysville, respectively, and Atlanta attorney Kelly Michael Hundley, who currently represents the city of Hiram, Georgia, according to information obtained from the city of Blue Ridge.
Doss, who, according to Whitener and Thomas-Haight, withdrew her application from consideration prior to the council meeting, had offered her services to the city at the per-hour rate of $175. Stuart offered a rate of $150 per hour with a $100 monthly retainer fee. Hundley proposed a rate of $150 per hour with a $175 per hour rate for legal proceeding representation.
Though Syfan’s previous per-hour rate of $95 was considerably lower than that of Balli’s current rate, Thomas-Haight explained, “I know sometimes it appeared, in my opinion, as if projects seemed to take a long time.”
In regard to the potential hiring of Stuart, Whitener explained that the Georgia Municipal Association, which provides legislative advocacy and consulting services to member cities, had advised the city against such a relationship citing a potential representational conflict of interest.
The mayor further explained that the proper channels of advertisement for the position were utilized through publication in the legal organ. Whitener also stated that she, as well as all incoming city council members except Harold Herndon, had a chance to meet with Balli individually ahead of the meeting in order to make a determination to hire Balli. Whitener stated Herndon was unable to meet with Balli during any of the attorney’s trips to Blue Ridge due to illness.
“I felt good about (meeting with Balli) because he took the time to reach out to us and wanted to meet us and make sure we all could mesh together if we did choose his firm,” Thomas-Haight said.
“Mr. Balli seems to be a good fit for our city,” Thomas-Haight continued. “He is anxious to work with us, and we seem to all be on the same page with how we want to move forward with the city. He wants to be involved in our council meetings and that was a definite plus because Mr. Syfan, even though the charter states that the (city) attorney shall attend the meetings, he had only been to – to my recollection – five (meetings) in eight years.”
Whitener stated Balli has municipal experience and familiarity with water management. According to Balli’s submitted resume to the city, he currently serves as a board member on the Cobb-Marietta Water Authority.
“Becky (Harkins, director of Blue Ridge Water and Utilities department) was extremely impressed because of his water knowledge, and we’re really working on our policies and procedures, so she felt like he would be very beneficial to us in getting those standards to where they need to be,” Mayor Whitener continued.
So who is James A. Balli?
According to Balli’s resume, he received a B.S. in political science from Georgia College and State University in Milledgeville, Georgia, in 1996 and later received his Juris Doctorate from the Walter F. George School of Law at Mercer University in 1999. Also in 1999, Balli was admitted to the State Bar of Georgia and in 2000 was admitted to the State Bar of Alabama.
Balli served in the United States Air Force Reserve from 1992 to 2000 at Maxwell Air Force Base in Montgomery, Alabama.
Balli currently serves as commissioner on the seven-member Judicial Qualifications Commission of Georgia, which investigates allegations of judicial misconduct of all judges in the state of Georgia. He also currently serves as a board member of the Kennesaw State University Masters of Public Administration Advisory Board where he provides advice and direction to masters’ program students and faculty. Balli has been admitted to practice before the 11th Circuit Court of Appeals, the Armed Services Board of Contract Appeals, the Georgia Court of Appeals, the Alabama Supreme Court, the Alabama Court of Civil Appeals, the Middle Districts of Georgia and Alabama, and the Northern District of Georgia.
Among his recent experience, Balli represented the Atlanta Braves during the organization’s recent move from Fulton County to Cobb County, and his other recent clients have included (David) Ralston for Representative, Inc., BrandsMart USA, and the Cherokee County Board of Commissioners.
Balli is a partner at the Marietta law firm Sams, Larkin, Huff & Balli, LLP, which has represented both county governments on related development issues and commercial and private interests on a variety of issues involving elected officials from state, county and municipal governments.
Commenting on his new position with the city, Balli stated, “I am honored to have the opportunity to serve the citizens of Blue Ridge and to work with the mayor and city council as they work to serve the citizens as well. I think Blue Ridge is the best small town in the state of Georgia, and I am excited to be a part of it moving forward.”
Continue to follow FetchYourNews as we plan to produce a six-month financial comparison of the previous city attorney fees to that of the current city attorney in mid-July.
Fetch Your News is a hyper local news outlet that attracts more than 300,000 page views and 3.5 million impressions per month in Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. FYNTV attracts approximately 15,000 viewers per week and reaches between 15,000 to 60,000 per week on our Facebook page. For the most effective, least expensive local advertising, call 706-276-6397 or email us at advertise@FetchYourNews.com
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Blue Ridge City Council hears flooding complaint
News March 15, 2018
BLUE RIDGE, Ga. – Blue Ridge City Council met Tuesday, March 13, with a number of action and discussion items on its agenda. Headlining those items were an adoption of a city open records policy, potential improvements and repairs to City Hall and residential property flooding near Ada Street.
Regarding the open records policy, City Attorney James Balli stated the city is governed by the state Open Records Act, which preempts any city ordinance or policy. The attorney explained the Georgia Municipal Association advises all member municipalities to adopt an official opens records policy.
“(The policy) provides more explanation,” Balli added. “It doesn’t change any rules, which we can’t do that.”
Balli further explained the policy would allow “faster access to routine documents to citizens and the press” and that citizens of the city would be given priority on requests but that all requests would be fulfilled in a timely manner. Balli told the council the city previously did not have an official open records policy. He also stated while the state Open Records Act does not require a request in written form, a written request utilizing the city’s open records request form is encouraged and required to ensure the fulfillment of requests to those making the requests.
According to the city open records policy, from the time an open records request is made, the city has three business days to determine whether the requested information is subject to disclosure or redacted disclosure and to either produce the information upon payment of any applicable fees or provide the person requesting records with a timeline of when the information will be produced if said information is not immediately available.
The policy further states, “If the requested record is not subject to disclosure, or full disclosure, the City Attorney (or his or her designee) shall identify in writing to the requestor the provision of law that makes all or part of a record exempt from disclosure. The City Attorney’s decision regarding exemption or partial exemption of a record shall be the final decision.”
The Georgia Open Records Act O.C.G.A. § 50-18-70 defines public and open records as “all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, data, data fields, or similar material prepared and maintained or received by an agency. Public records also mean such items received or maintained by a private person or entity in the performance of a service or function for or on behalf of an agency and such items transferred to a private person or entity for storage or future governmental use.”
A budget allotment of up to $10,000 was approved for a kitchen remodel project at City Hall. Finance Director Alicia Stewart explained city Clerk of Court and Office Manager Barbie Gerald had requested the amount to cover costs for cabinets, counters, hardware, a sink, a faucet, grout, tile, mirrors, an oven hood and labor. Stewart added the estimate for the these items stood at $6,850.31 and did not include appliances. “I think Barbie (Gerald) wanted a little higher than ($6,850.31) just in case there was something that came up,” Stewart said of the potential additional allotment.
During the approval vote, Councilman Ken Gaddis voted against the allotment and Councilman Nathan Fitts was initially undecided, stating at one point that he had seen some repurposed items listed on social media recently that could alleviate costs to the city and also admitting he had not reviewed information on the materials. After a second vote was taken, however, Fitts voted in favor of the allotment. Councilman Harold Herndon was not present for the meeting.
The council later discussed whether to repair the overhang roof of the drive-through area outside City Hall or to demolish it entirely. The roof of the overhang and a portion of the main building’s roof was damaged in an April 2017 storm and the city recently received an insurance claims check for $20,165 for the damage to the overhang. Last month, the council weighed repair options but ultimately agreed repairs to the overhang would not be frugal given the city’s hopes to eventually adapt that side of City Hall and the adjoining parking lot into a two-story parking deck.
A suggestion was made to demolish the overhang and erect an outdoor drop box for any payments to the city. Fitts questioned where the city fire engine would be parked if the overhang was demolished and the idea to approach the county about possibly storing the engine at the forthcoming public safety complex on Windy Ridge Road was mentioned. Mayor Donna Whitener further explained the city is hoping to still receive further insurance claims funds for the damage suffered to the main building’s roof. She also stated the council would have to decide between repairing the roof with shingles or with metal roofing.
Ultimately, the item was tabled to allow the council more time to gather further information.
In public commentary, Ben Kissel, a city resident, addressed the council concerning recent flooding to his property as well as neighboring properties off of Ada Street. In his statement, Kissel explained the flooding issue was a direct result of a collapsed pipe on his property and related the collapse to an artificial concentration of large amounts of water funneling into his property from developments approved by the city. Kissel also noted before the pipe collapse, flooding had never been an issue on his property, but during the month of February, his property had flooded three times.
Ada Street resident Ben Kissel, left, discusses a flooding issue on his property with the Blue Ridge City Council as Councilmembers Ken Gaddis, center, and Nathan Fitts hear his complaint.
“Therefore, I feel it has become the city’s responsibility being that we nor the property owners before us have ever been compensated for these actions,” Kissel stated.
Kissel said in discussions with the mayor and city council members during the past year, he and his wife, Natalie Kissel, “have been given the runaround” concerning the issue. Infrastructure, Kissel stated, was a top priority mentioned in nearly every candidate’s campaign platforms during last year’s elections for city council, at times, “even citing my property in your campaigns.”
“But what it really comes down to is your actual priorities. Three months into your terms, and I have seen the approval to supply water to a cherry picked development (Staurolite Mountain) outside of the city limits,” Kissel continued. “I have heard that the price tag for this venture is upward of $50,000. That is almost 8 percent of the total cost to fix the entire drainage infrastructure to our city. That is 8 percent that the residents and business owners will have to wait even longer for you to come up with.”
Kissel went on to cite other recently discussed potential expenditures, such as the $10,000 allotment, approved earlier in the meeting, for the kitchen remodel and a sound system for the downtown area.
After this, Kissel presented the city with three options: fix the issue themselves, allow the Kissels to fix the issue and “the third option, and your most expensive, is to continue to do what you have done and that is nothing.”
Kissel also presented the council with a copy of the Georgia Nuisance Law, which requires land owners, developers, municipalities and counties to protect the rights of adjoining property owners from the unnatural effects of land development. “The city is in direct violation of that law,” Kissel added.
Later, Councilman Gaddis explained the intricacies involved in creating a drainage area and suggested that the city’s engineering firm, Carter & Sloope, investigate the drainage issue immediately. “I would love to get this done, and I think we should get Carter & Sloope on this as soon as possible,” Gaddis added. “I just want to apologize to Mr. and Mrs. Kissel here for this issue.”
Mayor Whitener reminded everyone that the previous council had already approved for Carter & Sloope to conduct engineering studies in the drainage area near Ada Street last year but added that the council had not yet approved for any work to take place.
Near the end of the discussion, City Attorney Balli told the council, “For the record, I hear what the council is saying and I don’t necessarily agree with some of the legal opinions as to who may or may not be responsible … We go by your decisions, not mine.”
On Thursday, Ben Kissel confirmed action was being taken from the city council to resolve the issue and representatives from Carter & Sloope are slated to visit the drainage area near Ada Street next week.
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