Fannin County approves increases to expenditures
News August 1, 2022
FANNIN COUNTY, Ga. – With previously approved expenditures coming back to the county with changes, Fannin County approved two major increases to planned expenditures this month through the Library and the Public Safety Department.
Fannin County has celebrated a state grant in support of building a new library within the county. Even hosting House Speaker David Ralston at the more recent announcement of an increase to that grant. This month saw the Board of Commissioners return to that agenda item to adopt the official resolution to increase the county’s expenditures to match the doubled grant amount.
That amount from the state was originally set at $1.3 million and has since doubled to $2.6 million. Now, with this approval the county has officially increased its match from the original $650,000 to $1.3 million. Approved unanimously by the Board of Commissioners, this agenda item solidified the county’s final commitment to the project increase.
Within the Public Safety a Ford F250 pickup truck hasn’t been received from the dealership one year after its order. Approved on June 22, 2021, the order for a new truck in the department still hasn’t come in at the end of July 2022. Furthermore, according to EMA Director Robert Graham, it could be very late this year or even next year before its even in production as he has been told by the dealership.
To answer the immediate need, the department has found another vehicle, a 2022 Chevrolet 2500 Heavy Duty Crew Cab Truck. With rising costs of materials and shortages on supplies in the nation, prices have continued to rise since the original trucks order, though. The Ford was ordered for a price of $32,789.64. The new vehicle, the chevrolet, has already been produced and is for sale for $54,000.
EMA Director Robert Graham speaks to the Fannin County BOC about a new squad vehicle after a previously ordered one hasn’t seen delivery in over a year.
The departments current vehicle in use has over 179,000 miles and needs replacing. Graham told the Board of Commissioners that it is run every day for medical and fire calls. The vehicle responds out of Station 1.
Director Graham is requesting that the county use SPLOST to purchase the Chevy for use, but not instead of the Ford F250. Graham stated, “We will never get another new vehicle at that price. I suggest we leave it on order to come in next year or something for future use. At $32,000, you’re not going to get a three-quarter-ton pickup for that price anymore. As long as we keep it on order, they’ll have to hold to that price.”
The troubles continue as the department also looks ahead to future orders as Graham reported that Chevrolet opened to receive “fleet orders” for only four hours on one day and will not accept any more orders again until next year.
The county approved the request for expenditures from SPLOST to cover an extra $54,000 on top of last year’s approved purchase and is looking to continue along with the previous order as requested, although some early discussion came that the Ford truck could be used in another department if a major need arises before it is delivered. Even if production does start on the vehicle in late 2022, the county could still see delivery not coming until 2023.
City Council Election: Interview with Mike Panter
City Council, Election October 22, 2021
FANNIN, Ga. — Mike Panter is a candidate for the Post 2 seat on the Blue Ridge City Council. He spoke with FYN to discuss his candidacy, previous achievements, and future goals. Mike Panter is incumbent and running against Angie Arp, who has previous experience on the city council.
On collecting delinquent taxes and business license fees:
Panter says that his push to collect unpaid taxes and fees began right after the COVID-19 pandemic began to affect the city: “We had a loss of revenue for that month [April 2020]. I was brought into a finance meeting, and there was a lot of discussion about, you know, what we were going to do.” Panter says it was then that he began to consider how to generate more income, “I was informed … by the accountant that the delinquent taxes were over $300,000, and my comment was ‘why have they not been collected?’”
Panter explains that he was told the council had never wanted to collect the taxes “because it was a black eye for everybody.” He commented, “If my 80 year old mother can pay her taxes, everybody can pay their taxes.” Panter notes that the city ended up collecting over $200,000 in delinquent taxes. “Also during the process I found out we had over 90 businesses … that had delinquent business license,” which Panter says have now all been collected through 2020. Additionally, he mentions his work to increase business license fees from $50 to $250, a figure that had gone unchanged since 2004.
Panter says: “Going forward, if elected … we will continue to collect our taxes, we’ll continue to collect business license [fees], and if we don’t, we’ll take the appropriate action, because, you know, the future … of the city of Blue Ridge depends on our collection of revenue.”
On city water:
“I also did a search of our water. I found out that we had around 200 homes that were on residential water rates, but they … were on rental programs,” Panter says, “I deemed them as commercial, cause if you’re renting your home as a business, it’s commercial, it’s not residential.” He says he changed the water rate for those homes, increasing revenue for the city. Panter also brings up subdivisions that are outside the city limits, but are provided with city water: “A lot of these homes … we don’t get taxes from these people.”
In response to claims about poor water quality, Panter says, “Quite frankly, we’re one of the highest rated water as far as purification, in the state.”
On city finances:
Panter says that during his term he took “A look at the finances of the city, [and] saw that our bonds … had a 39 year note of over 13.9 million dollars.” He says he was able to renegotiate the bonds, to save the city over 2.5 million dollars, “We moved from a … 37 year bond at 4.1% to a 32 year bond at 2.3% which saved the city … this year alone, a hundred thousand”. Panter also brings up additional benefits of his work with the city finances: “Not only did we save 2.5 million dollars in debt, we got a double A rating which gives us better … financial ability to go out and borrow money and do things that we need to do to work toward the infrastructure.”
On affordable housing:
Panter first clarified his vote on affordable housing: “As you probably know, I voted no on the affordable housing proposal that we had about 3 or 4 months ago. The reason I voted no, was … not because I was against affordable housing. I’m for affordable housing.”
He says that there’s different levels of affordable housing, with important distinctions. Panter leans in favor of workforce housing, which is usually available for middle class workers. “One of my things is, if we’re gonna do affordable housing … I want us to … have some type of control over who gets this housing. What I mean by that, I feel like that our citizens ought to have priority.” He says that other forms of housing, like Section 8, don’t allow the city to restrict access to people from other cities: “So, with workforce housing, if it’s structured correctly, we could determine where, we could determine the price range, we could put stipulations … for someone to be eligible.” Panter suggests possible requirements such as a year of prior residence, and a cap of 36 months in the housing. The lack of control is what led Panter to vote no. He says, “The way I understand it, if you use federal money for affordable housing, then we, the local city … do not have … our local residents having first option.”
Panter also mentions that workforce housing is done throughout the country for workers like police, firefighters, and factory workers: “It’s a way that we could make sure that we have a workforce in our city.” He brings up the importance of location for those workers, another reason he voted no, saying, “Workforce housing is built in the geographical area where the people that live there can walk to work, can walk to a drug store, can walk to a grocery store. So all of the things that they need on a day to day basis is available to them.” The proposed location, as he explains, was near two schools and an existing residential area with no sidewalks, streetlights, or turn lanes.
To voters:
“I spent 38 years in the city of Blue Ridge and Fannin County, working with the youth of this community. I’ve served just about on every board, and the people that know me know that I’m all about the community, taking care of our current community. Making sure that as we grow, we’re growing financially stable. If I’m re-elected I’ll make sure that the city of Blue Ridge stays financially fit, to be able to expand our fire department, our recreation services, and one of my main goals is to build an aquatic and wellness center for the citizens of Blue ridge and Fannin County.”
FYN made an effort to contact every candidate, but we were ultimately unable to speak with Post 1 candidates Herald Herndon and Jack Taylor; Post 3 candidate Christy Kay; Post 4 candidates Jacqueline Brown and William Whaley; and Post 5 candidates Bill Bivins and Nathan Fitts. Early voting is already underway and Election Day is Nov. 2, 2021.
City Council Election: Interview with Angie Arp
City Council, Election October 22, 2021
FANNIN, Ga. — Angie Arp is running for the Post 2 seat on the Blue Ridge City Council. Arp spoke with FYN to discuss her past experiences and future goals. She has previously served on the council and is running against an incumbent, Mike Panter.
On her break from city council:
Arp says, “I think people at that time was probably frustrated and aggravated, as they are now about the division, the fussing, the fighting.” After losing the last city council election, Arp suggests that “people see that I’ve been out of the picture, and I really wasn’t the problem.”
She says she chose to run again because she still sees many of the same issues, but also new worrying ones: “I’m running again, because I see what is happening now. It’s disturbing, cause it’s got worse … over the past four years I’ve attended the meetings … I still know what’s going on, I still see what’s going on, and it’s still very disturbing to me. Arp explains she could not just sit back in good conscience and wish for someone to step up to the plate, “I … could not have someone walk into his seat without even having to knock on a door … I’m gonna do my part this time.”
On overdevelopment:
“Bottom line is, you can’t stop growth altogether. You can’t stop people from selling their property, you can’t stop people from building on their property, but you can create ordinances that controls it,” Arp says.
She talks about the proposal for the hotel that took place when she was in office. At the time, the hotel was eventually approved for four stories, regardless of the Planning and Zoning Department’s recommendation, Arp explains, “Well, no one stepped up to make that motion to change to three story … and I knew that if I had said it, made the motion, that it wouldn’t get passed … So if I had to do one thing over, in that whole four years, it would have been that I would have made that motion, regardless if anyone supported it or not.”
Going forward, Arp shares her zoning goals, “First thing in, go through those ordinances. Even if we had to hire … somebody to help us go through it, but they need to be updated.” She notes that most of the ordinances have not been altered in decades: “Actually, every ordinance in the city needs to be gone through and updated, but especially the zoning, just to make sure we don’t get overdeveloped. They’ve already reduced the height, that’s a step. But there’s other things that needs to be done.” Arp specifically points out, “In the zoning for the R3, you can build up to 45 feet. That’s crazy! So, they reduced it in the central business district … but yet now in R3 you can go up to 45 feet in a residential area?” This is just one example of several inconsistencies, Arp says.
“Just taking the time … they should want to get things updated, I mean 40 years is a long time to not put any emphasis on that. Quite honestly, when I went in office that’s what I wanted to do, and I tried to focus on it. But, combatting all the other darts at me, and just trying to get the streets paved, trying to get the playground done trying to fight to make sure things are done legal, there just wasn’t enough time. It just didn’t get done. That’ll be a top priority for me though [going forward].”
On a city manager:
“Well I agree there needs to be a city manager,” Arp says. She explains how, in the past, the city council has approved a city administrator. However, Arp says, “In this case, because the mayor has fought for ten years against anybody being in an administrative position, other than her, then there’s no recourse other than to change the form of government.”
Arps mentions she is worried about the way the city is currently headed: “The problem is here, the mayor can’t do what a city manager could do, because she don’t work 40 hours. So really the city is growing, and the way … things are not getting done, if .. the city does not get a city manager, … or someone who can supervise and make sure things are done, and report back to the council, or report back to the mayor or whatever, it’s just gonna continue to get worse. I’m sorry, but the city cannot continue forever … on the path it’s been going for the past 10 years, it just cannot.”
Despite that, Arp says she is not in favor of a city manager with total control: “So, … I would favor that, but I would be careful, and in no way change the council, that it’s a strong council, because I think one person having the complete say is not good.”
On infrastructure:
Arp says that infrastructure is a crucial issue: “It is gonna take millions and millions and millions of dollars to fix what needs to be fixed … Now the sewer treatment plant needs to be, it’s got capacity to hold more, we’re only at 30% capacity, but it’s old … to do the whole thing over will cost millions too.”
She also is concerned that infrastructure is not being looked at with enough priority saying, “You’ve got pump stations … they’re undersized, nobody ever thought about the growth being what it is, so they’re undersized. When I was in office, assisted living, those [developers] came and asked the council, ‘can we hook on?’ The mayor was like yeah … no problem. Well, come to find out once they get open, the pump station down there was not upgraded. So, sewer was running out on the ground. The city had to pay for the pump station to be upgraded.”
She also talks about the water lines throughout the city, “We’re talking about lines all over this city, galvanized water lines that are corroding on the inside out … water from the treatment plant … is going through the water into our pumps, and it’s posing a health hazard, because when it breaks down it’s not safe … Then same thing with sewer lines. Sewer lines are terracotta clay pipes, that is breaking down and sewage is going out into the ground.”
Arp explains that, as she sees it, money is the biggest challenge to fixing the city’s infrastructure: “Until somebody steps up and quits wasting money on this, that, and whatever, and dedicates that … we are gonna start saving money.” Proactive decisions need to be made, she argues: “They’re just doing what they have to do. Fix the problems, repair, just do what they have to do to get through the day. But, at some point, if it’s not take seriously, something ain’t done about it, it’s gonna be a big big problem, even worse than it is now … You can’t ignore it, you’ve got to start doing something: planning and saving.”
On affordable housing;
“If all these businesses downtown, if they can’t get workers, because the workers can’t afford a place to live around here, or there’s just simply no places to live, then that hurts everybody. That hurts that business, that hurts then the revenue brought in from that business. The tax dollars, that hurts the county’s revenue, it hurts the city’s, it hurts everybody. So that to me is a big thing, Arp says. She notes that while she is in support of affordable housing, she thinks it takes some type of developer that can use federal funding to ensure the housing is actually affordable for those who need it.
To Voters:
“I want them to consider whether or not they like what they see in the city. If they feel like enough focus, and enough priority, has been put on them, and if so, then vote for the same, because you’re going to get the same. If you don’t like it, then vote for change … History has a way of repeating itself, if you want change, then you have to make the change.”
FYN made an effort to contact every candidate, but we were ultimately unable to speak with Post 1 candidates Herald Herndon and Jack Taylor; Post 3 candidate Christy Kay; Post 4 candidates Jacqueline Brown and William Whaley; and Post 5 candidates Bill Bivins and Nathan Fitts. Early voting is already underway and Election Day is Nov. 2, 2021.
Council overrides Mayor’s Veto
City Council, Downtown Blue Ridge, News July 19, 2021
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.
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.
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RCut funding causes debate among City Officials
City Council, Downtown Blue Ridge, News June 21, 2021
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.
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.
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
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City Parking Contract to be investigated
City Council, Downtown Blue Ridge, News June 17, 2021
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.
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.
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.
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Panter and Fitts give their opinion on recent affordable housing vote
City Council, Community, News June 9, 2021
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.
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.
- If we are going to have only one development within a 2-3 mile radius of the City, is this the best location?
- Will the current residents be forced to move?
- What is included in the rent? Water, power, cable?
- 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?
- What out of pocket expense will the city residents and tax payers be responsible for?
- How do individuals with low to no income currently living in the woods behind businesses, cars, etc. afford the Searles Foundation project?
- What is the time period for construction?
- Will all of the trees be removed on the 15 acres?
- Will a center turn lane be added? If so when will the road be widened?
- Will sidewalks, traffic lights, streetlights or roundabouts be added?
- Who will be our new city residents? And can we have the answer to this question in a contract?
- 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?
- 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.
- 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?
- 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.
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.
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.
Author
Management of City Parking will not go out to bid
City Council, Development Authority, Downtown Blue Ridge, News May 25, 2021
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.
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.”
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.”
Author
Council rejects rezoning request on affordable housing development
City Council, Community, News May 13, 2021
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.
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.
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
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Blue Ridge playground reopens to the public
City Council, Community, Downtown Blue Ridge, News April 25, 2021
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.
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.”
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Call for investigation into City delinquent tax matter
City Council, Downtown Blue Ridge, News April 20, 2021
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.”
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.”
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Fitts goes on record with Mayor’s alleged violations
City Council, Downtown Blue Ridge, News March 17, 2021
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.
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Fitts pursues legal action against censure
City Council, Downtown Blue Ridge, News March 11, 2021
Blue Ridge, Ga. – The recent censure of Council Member Nathan Fitts could lead to legal proceedings that would cost the taxpayers of Blue Ridge.
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.
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Mayor asked to return key to City Hall
City Council, Election, News March 11, 2021
Blue Ridge, Ga. – Mayor Donna Whitener was asked to turn in her key to City Hall as council members expressed their concerns over the upcoming election.
“With all that has been going on over the past couple of months, which the public is just now starting to find out about, to be very honest, I don’t know that I feel comfortable with the election that is coming up and not having an unbiased party being over the election,” Council Member Nathan Fitts expressed his feelings on the upcoming election.
Haight requests that Whitener return her key to City Hall during the election period.
Council Member Rhonda Thomas and Fitts both agreed that having outside municipal counsel handle any election related events would be in the best interest of not only the candidates but the City as well.
This proposition comes with the consideration that current City Attorney James Balli is hired to represent City Council members, many of whom will be running in the upcoming election, and therefore might have a biased conflict of interest in any election related matters.
Haight suggested approaching the Georgia Municipal Association (GMA) attorneys and getting their legal opinion on the matter.
Fitts agreed with Haight’s recommendation stating, “I know too much. I know the history of the last election. I know things that went on and I do not feel comfortable with it.”
With the request for an outside legal counsel, Haight also requested that the Mayor return her key to City Hall during the election period.
“None of us have keys except for the Mayor and I don’t feel like she should have a key to this building during that election time,” Haight said adding that she doesn’t want any possibility of wrongdoing to occur and jeopardize the election process.
“I have no problem with that,” Mayor Whitener responded to Haight’s request but did point out that there have been emergency occasions when she (Whitener) has had to access the building.
One thing that all council members and mayor did agree upon was to look into third party handling of future elections.
Fitts pointed out that the staff of City Hall, who currently handle city elections, is “put in the middle of way more than they should be”.
While some council members felt it was too late to seek outside handling of the 2021 City Election, they did agree to pursue this route in the future.
The General Election is set to take place on Tuesday, Nov. 2, 2021 with voting at City Hall. Polls open at 7 a.m. and will close at 7 p.m.
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Criminal threats precede discussion of proposed Code of Civility
City Council, News February 13, 2021
Blue Ridge, Ga. – As the Blue Ridge City Council discussed revising the Rules and Procedures of its meetings, conflict erupted over the newly proposed Code of Civility presented by Council Member Mike Panter.
During a very heated discussion, it was also revealed by Council Member Nathan Fitts that Panter had allegedly made criminal threats against him.
Panter read from a letter sent to council regarding the review of the City’s Charter and the recommendations that were being made based on a committee that had been formed for the review.
Along with the committee Panter said input had been taken from several sources including Donna Thompson, who runs a local governmental accountability group, current and previous council members, a local attorney, business owners and residents.
City of Blue Ridge proposed Code of Civility Policy
Panter did point out that prior to reading his letter to the council, the letter itself had already been leaked to the public.
Later Council Member Rhonda Haight would question this remark asking Panter, “Do you have a problem with the public knowing what we are doing?”
Panter pointed out that as far as the Rules and Procedures of council meetings, previous City Attorney David Syfan had drafted an ordinance that would still be in compliance with the City Charter.
In an effort to save tax dollars Panter suggested that the city vote on the adoption of this particular ordinance instead of paying more attorney fees to have new ordinances written: “I think we should readopt this ordinance which was done away with by previous council.”
“It (vote to adopt ordinance) was moved a few months later because evidently the council didn’t like what he came up with and they just threw it away,” Panter explained of the ordinance drafted by Syfan and why it was not already put in place.
“I’m totally great with that ordinance that David wrote,” Haight said, adding, “I thought it was wonderful. He did a great job.”
Haight did have concerns over the Code of Civility section Panter was presenting and expressed these concerns.
According to the Code of Civility section, a council member would be asked to resign or a vote could take place for the elected official’s removal after receiving two censures.
This section of the Code of Civility came directly on the heels of a censure of Council Member Nathan Fitts. Earlier in the same meeting, Panter had brought forth a censure against Fitts for “continuous inappropriate conduct”.
Haight felt this particular item in the Code of Civility would be in violation of the City’s Charter since evidentiary hearings would need to take place for a censure vote and no evidentiary hearing was given to Fitts previously that night.
Panter replied to Haight, “Our charter says that we have the right to remove an elected official.”
“For wrongdoing,” Fitts retorted to Panter’s comment. “The only person that has violated state and local law is you and Ms. Whitener.”
Incivility ensued as Mayor Donna Whitener questioned Fitts over his accusations against her. After a brief period of numerous calls to and points of order, discussion continued over the proposed code.
Haight pointed out that the Code of Civility was also attempting to limit the council’s transparency.
The Code states of council that:
“There should be no public statements, letters to the editor or on social media or with an organization, advertisements, emails, texts or announcements regarding official city business without Council approval.”
“As a public official I have every right to tell the public what we are doing. I have every right to post on social media what we are doing,” Haight spoke to Panter, “I will never vote on this as it is.”
Council Member Fitts agreed with Haight that the Code of Civility needs attempts to limit the transparency of local government and needs further review.
Fitts also pointed out the hypocrisy of Panter in not only introducing the Code of Civility but also for the censure that Panter brought forth earlier in the evening.
“You made a criminal threat to me and Ms. Haight this week and said that you were going to drag me out of the council meeting by the hair and beat me up,” Fitts made public the alleged threat by fellow Council Member Panter. “You need to practice what you preach.”
Former Blue Ridge City Attorney R David Syfan
Fitts and Haight have both personally sought legal advice from former Blue Ridge City Attorney David Syfan regarding any proposed new ordinances. Both Fitts and Haight are personally paying Syfan for his help.
“This will not be charged to the city,” Haight made clear her and Fitts personal financial responsibility to Syfan.
Current City Attorney James Balli, according to Haight is not trained in municipal law, where Syfan is.
Panter, who is the newest elected official to the council, questioned why Syfan was let go in the first place.
Leading both Haight and Fitts to agree that Balli was hired solely on the recommendation of Mayor Whitener.
Fitts went into further detail with Haight backing up his recollection of events.
Fitts stated of the reason for Balli’s hire, “She (Whitener) said that because Speaker Ralston was from Blue Ridge and that Mr. Balli was his pick. She said that Blue Ridge would get stuff that we would not get otherwise and that’s why she asked us to choose Mr. Balli.”
Whitener replied that Fitts and Haight’s claims were “more misinformation” and that council had a chance to vote no.
The Rules and Procedures Ordinance along with the Code of Civility will be discussed and reworked before vote will be taken on its adoption.
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