SEC Charges Russell Todd Burkhalter and His Atlanta-Based Firm With $300 Million Ponzi Scheme and Obtains Emergency Relief
Featured News, Featured Stories, News August 15, 2024
Burkhalter allegedly stole investor funds to buy a $3.1 million yacht and fund a lavish lifestyle. According to public Georgia records, Burkhalter owns multiple properties in Fannin County, Georgia.
Washington D.C., Aug. 14, 2024 —
The Securities and Exchange Commission today announced that it obtained a preliminary injunction, asset freeze, and other emergency relief against Atlanta-based Drive Planning LLC and its founder and CEO, Russell Todd Burkhalter, to halt a $300 million real estate Ponzi scheme impacting more than 2,000 investors. Additionally, a receiver was appointed over Drive Planning. The SEC alleges the defendants misappropriated millions of dollars of investor funds to fund Burkhalter’s lavish lifestyle and to make Ponzi-like payments.
“Drive Planning and Burkhalter gained the trust of everyday people and encouraged them to invest in this scheme by promising exorbitant returns, but as our complaint alleges, the defendants’ business was nothing more than a classic Ponzi scheme, using new investor money to pay returns to existing investors, with Burkhalter stealing millions to fund a lavish lifestyle,” said Nekia Hackworth Jones, Director of the SEC’s Atlanta Regional Office. “Investors should be vigilant when they encounter aggressive sellers who make over-the-top sales pitches and promise high rates of guaranteed returns.”
The SEC’s complaint alleges that, from 2020 through at least June 2024, Drive Planning and Burkhalter raised more than $300 million for purported real estate investments, telling investors their money would be used to fund land development projects. The defendants promised 10% interest every 3 months and encouraged investors to tap their savings, retirement accounts, and even open lines of credit to invest. In reality, the defendants did not have a business capable of generating the promised returns, and they instead used investor funds to make Ponzi-like payments, according to the complaint. The complaint further alleges that Burkhalter stole investor funds to fund his luxurious lifestyle, including to buy a $3.1 million yacht and spending $4.6 million on chartering private jets and luxury car services and $2 million on a luxury condo. 
The SEC’s complaint, filed in the U.S. District Court for the Northern District of Georgia, charges Drive Planning and Burkhalter with violating the antifraud provisions of the federal securities laws. In addition to the emergency relief granted by the Court, which the defendants did not oppose, the SEC seeks permanent injunctions, disgorgement of ill-gotten gains with prejudgment interest, and civil penalties against the defendants, and an officer-and-director bar against Burkhalter. The complaint also names Jacqueline Burkhalter, Burkhalter’s spouse, and several related entities as relief defendants and seeks disgorgement of ill-gotten gains from them.
The SEC’s ongoing investigation is being conducted by Austin Stephenson and Cody Turley, under the supervision of Peter Diskin and Justin Jeffries, of the SEC’s Atlanta Regional Office. The SEC’s litigation will be led by Pat Huddleston and H.B. Roback, under the supervision of M. Graham Loomis.
Fannin County Sheriff Dane Kirby announces re-election campaign
Announcements, Election, News February 2, 2024
RE-ELECTION ANNOUNCEMENT
To the Citizens Of Fannin County, I would like to take this opportunity to announce my intention to seek re-election in the upcoming 2024 Republican Primary. I am very grateful and humbled by the trust you have placed in me as your Sheriff for the last 15 plus years.
I took office in January 2009 and every new year presents its own set of challenges and tasks to be completed in the world of crime fighting. Myself and the dedicated people who make up the Fannin County Sheriff’s Office have remained determined to provide quality service to the people we represent.The People of Fannin County can rest assured that determination has not and will not diminish as our County continues to face new problems that arise from the tremendous growth that we have witnessed over the years while still continuing to focus on existing problems. I have learned over the years that the people expect their Sheriff to enforce the law period, and I have done that to the letter of the law.
As in previous years I plan to continue serving and protecting, with the professional and courteous manner that is expected of this office. The Citizens of Fannin County as well as visitors should know they can feel safe here, but should also realize that dangers exist here just like everywhere else. Parents should worry about their children being exposed to drugs and other evils of this world and people in general should be aware that bad people do infiltrate the mountains of North Georgia. This County needs and deserves a Sheriff with wisdom, experience and dedication to combat those evils that exist.
Since day one, I have been and will remain a “hands on” Sheriff. It has taken years and a lot of hard work to establish close working relationships with agencies such as GBI, FBI, Homeland Security, Georgia State Patrol, ATF, DNR, US Forest Service, Department of Corrections and all the surrounding Sheriffs Offices to create an army of resources at our disposal on a daily basis. We have a drug agent with GBI and a task force officer with the FBI working out of our office EVERY DAY. All this has created a network where valuable information is shared and acted upon accordingly and has made criminal and drug interdiction more productive than ever before in the history of Fannin County. The working relationships between the Sheriff’s Office, the District Attorney’s Office, Magistrate Court, Probate Court, Superior Court and the multiple Accountability Courts have resulted in very close attention being paid to cases to ensure they are all handled appropriately and as quickly as possible.
The Office of Sheriff is a big job that must be taken very seriously, it is a job that takes years to learn. The last 33 years I’ve spent in law enforcement have definitely been years spent learning and applying my knowledge to form an extraordinary Sheriff’s Office to serve this community.
I can tell you without a doubt the Citizens of Fannin County can be very proud of the men and women who make up this office, they come to work everyday to serve, protect, represent and fight for you. It is my privilege to serve the citizens of Fannin County and working everyday as your Sheriff is the most gratifying and fulfilling experience I have ever had. I take seriously the issues we as a community face on a daily basis and I will meet each issue head on. I am honored that you have placed your confidence in me and it is my hope you have been satisfied with my service and that you will continue to support my efforts.
Please feel free to contact me day or night with any questions or concerns you have. My cell number is 706-633-8269. I would like to extend my appreciation to each one of you for your past support and ask for your continued support and vote in the General Primary Election to be held on May 21, 2024.
Respectfully,
Sheriff Dane Kirby
Fall Festival Saturday October 1st at Epworth Community Club with Speaker of the House Rep David Ralston and US Senate Candidate Herschel Walker
News September 25, 2022
Candidates Qualify for Blue Ridge City Election
City Council, Featured News, Featured Stories August 20, 2021
Blue Ridge, Ga. – Qualifying has officially come to an end for the upcoming City of Blue Ridge election and 13 candidates have thrown their respective hats into the ring.
With much contention being expressed at recent City Council meetings, residents not only of the city but also of Fannin County as a whole, are watching to see who will represent the future of the city’s progress.
Like City Elections of the past, teams have been presumably formed in hopes of making a clean sweep on the ballot in November.
However, none of the 13 will confirm if they are running on a ticket with others.
Those who submitted paperwork to run in November’s election will still need to be vetted to assure qualifications for candidacy are met.
The election will take place Tuesday, Nov. 2, 2021 from 7:00 a.m. to 7:00 p.m.
The following individuals have submitted qualifying papers:
Blue Ridge Mayor Candidates (Currently held by Donna Whitener)
Rhonda Haight
Donna Whitener
Post 1 Candidates (Currently held by Herald Herndon)
Herald Herndon
Jack Taylor
Post 2 Candidates (Currently held by Rhonda Haight)
Angie Arp
Mike Panter
Post 3 Candidates (Currently held by Mike Panter)
Brian Higgins
Christy Kay
Post 4 Candidates (Currently held by Robbie Cornelius)
Richard Arnold
Jacqueline Brown
William Whaley
Post 5 Candidates (Currently held by Nathan Fitts)
Bill Bivens
Nathan Fitts
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RCut funding causes debate among City Officials
Featured News, Featured Stories 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
Author
Panter and Fitts give their opinion on recent affordable housing vote
Featured News, Featured Stories June 10, 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, Featured News, Featured Stories 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.”
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Council rejects rezoning request on affordable housing development
City Council, Featured News, Featured Stories May 16, 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
Author
Affordable housing project one step closer to coming to Blue Ridge
City Council, Featured News, Featured Stories May 10, 2021
Blue Ridge, Ga. – The Beverly J. Searles Affordable Housing project is one step closer to coming to Blue Ridge. This comes after the Planning Commission voted unanimously to recommend moving forward with rezoning of certain acreage to R3 high density residential.
The Beverly J. Searles Foundation, a Georgia based nonprofit that develops affordable housing, has a variety of requests pertaining to properties located along Mineral Springs Drive.
Philip Searles explains to the Planning Commission the plans for the affordable housing project.
Among these requests is for 1.2 acres of the property to be annexed into the City of Blue Ridge. Variances will also be considered for Phase 2 of this project, which will include units for age restrictive (senior) living. These variances are to reduce the number of required parking spaces from two per unit to one per unit and to increase the density from 10 units per acre to 12.
The Planning Commission was present to give recommendation to Blue Ridge City Council on whether the current zoning of the land should be moved from R2 to R3, allowing for a higher density population.
Philip Searles, President of the Beverly J. Searles Foundation, was in attendance to explain more about the project.
According to Searles, the project would be in competition with 90 to 100 other proposed housing developments across the state of Georgia. Ultimately the Georgia Department of Community Affairs would have final say on which of these projects would receive funding to move forward with construction.
“We believe what we have in Blue Ridge would be competitive,” Searles said of the proposed development off of Mineral Springs Drive.
The project consists of two phases with Phase 1 being family units and Phase 2 being restrictive age units (55 years of age and older).
Together 171 new units would be developed, 87 for family units and 84 for restrictive age.
Rent is based on median income of the area and is currently being proposed starting at:
- $603 for one bedroom/one bath
- $655 for two bedroom/one bath
- $722 for two bedroom/two bath
- $822 for three bedroom/two bath
- $900 for four bedroom/two bath
The buildings in the family units section would be three-four story split units, while all buildings in the restrictive age units would be single story.
“We know that affordable housing is a major issue in Blue Ridge. This is why we’re here,” Searles stated of the need for these units in the area.
Traver Aiken, who currently manages the Blue Ridge Housing Authority, will take over management of the affordable housing built by the Beverly J. Searles Foundation and all current residents of the Housing Authority will be relocated into the new units: “All of my units under multi family housing under HUD (United States Department of Housing and Urban Development) will be moving to that facility.”
There are currently 48 residents to be relocated.
Planning Commission Board Member Angie Arp commented on the current cleanliness of the Housing Authority units and questioned if the same care will be taken with the new project.
“Same policies would be in place,” Aiken responded to Arp, and welcomed anyone with concerns to look into his history with Blue Ridge Housing Authority, “I think I run a pretty tight ship.”
Planning Commission Board Members discuss concerns with those present in opposition of the project.
Applicants to the new facility would have to undergo a criminal background check. Aiken stated that applicant’s previous landlords would also be contacted and that there are provisions in the policies for Aiken to even do a current property inspection of an applicant’s living conditions before making the decision on if the applicant would be a good fit for one of the units.
Biannual HUD inspections would also take place of the units as well as inspections for the State of Georgia.
Residents of the area were present in opposition, stating many concerns over the placement of the project on Mineral Springs Drive. A petition with over 100 signatures was also presented in opposition of the new development.
“It’s going to put a burden on the fire department. It’s going to put a burden on the police department. It’s going to put a burden on the roads. It’s going to put a burden against the whole neighborhood,” one resident stated.
Those present in opposition explained that there are concerns of criminal behavior in the area. They also expressed concerns over infrastructure (sewer and water), drainage and traffic along Mineral Springs Drive, stating that the added development would only amplify these already existing issues.
Of major concern is the added traffic to Mineral Springs Drive. The road already sees a number of motorists due to the existing Mineral Springs Apartments (not affiliated with the new project) and many teen drivers from Fannin County High School.
Residents of the area feel that a development of this size would be better suited along Hwy. 515 where the added traffic could be handled.
Both those for and against the proposed development agreed that the intersection of Mineral Springs Drive and Aska Road would be of major concern as its current setup has been the cause of many near miss collisions. The County, however, would have to address this intersection as both roads in that particular area are County roads.
Searles addressed those present in opposition, “As much as it hurts me to say, Nimbyism (NIMBY – acronym for Not In My Backyard) is a true thing. I deal with this everywhere I go, cause everybody says we want affordable housing, we just want it out there.”
Planning, Zoning and Project Manager Jeff Stewart gave the staff analysis of the area, recommending that before any Land Disturbance Permit is issued he would like to have an engineer evaluate the sewer and water. If any updates to these systems must take place the developer would have to cover costs.
Stewart also recommended getting letters of approval for the proposed development from the Fannin County Fire Department and the Fannin County School District.
The Planning Commission voted unanimously to recommend rezoning of the area, with completion of the recommendations of the staff analysis.
If approved on a local and state level, The Beverly J. Searles Foundation affordable housing project could begin next year, with Phase 1 (family units) starting in June 2022 and Phase 2 (restrictive age units) starting in June 2023.
City Council is expected to vote on the rezoning at their monthly meeting scheduled for Tuesday, May 11, 2020.
Flyer given out by the Beverly J. Searles Foundation offering explanation of the proposed project.
Author
Council rejects rezoning request on affordable housing development
City Council, Community, News May 14, 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
Author
Council rejects rezoning request on affordable housing development
City Council, Community, News May 14, 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
Author
Council rejects rezoning request on affordable housing development
City Council, Community, News May 14, 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
Author
HSBR has partnered with Pampered Chef to raise funds while you shop!
Featured News, News March 30, 2021
Pampered Chef Party
Hosted By: Humane Society of Blue Ridge
Raise Funds and shop the Humane Society of Blue Ridge Fundraiser beginning March 29th!!! Kick back, invite friends and shop and socialize all while raising funds for Blue Ridge!! It’s a great organization that appreciates your support!
Shop the new Spring/Summer catalog and learn about quality cookware and kitchen tools, grab some tips and score some prizes! Play games and have fun all while raising funds for the Humane Society of Blue Ridge!! Be ready participate virtually in this online fundraiser! Feel free to invite friends! The more the merrier! Never too many to a Pampered Chef Fundraiser! LET’S RAISE FUNDS FOR THE HUMANE SOCIETY OF BLUE RIDGE!! ENJOY and HAPPY SHOPPING!!!!
Monday, March 29 – Monday, April 12 Click here & shop
favorite
Fundraiser Organization
HUMANE SOCIETY OF BLUE RIDGE
Contact the Host
(706) 669-4687
Fitts goes on record with Mayor’s alleged violations
City Council, Featured News, Featured Stories 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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Scearce sworn in as Post One Comissioner
Community, News March 30, 2021
Blue Ridge, Ga. – A crowd gathered on the steps of the Fannin County Courthouse to witness the swearing in of new Post One Commissioner Johnny Scearce.
Probate Judge Scott Kiker swears in Johnny Scearce
Scearce, who is currently the City of Blue Ridge Chief of Police, won the seat of Post One Commissioner in the November 2020 General Election. Due to a long battle with Covid-19, however, Scearce had remained unable to fill the position.
Probate Judge Scott Kiker was present for the swearing in and spoke of his personal connection with Scearce.
“He’s helped renew my faith more than once in my life,” Kiker said of their friendship and added of Scearce’s recent illness, “His faith was demonstrated. His courage has been demonstrated through a trial that he didn’t anticipate.”
“Your fortitude. Your courage is an inspiration,” Kiker spoke directly to Scearce.
With his wife Brenda by his side, Scearce took the oath of office.
Scearce showed his good spirits by letting everyone know that by signing his name he was in fact using a pen and writing for the first time since his fight against Covid-19. He joked after signing that nothing had changed, he was still bad at it.
Scearce addressed the crowd stating, “I want to thank my lord and savior Jesus Christ.”
Next Scearce thanked his wife Brenda, “She was with me from day one and that pulled me through.”
Lastly, Scearce gave a heartfelt thank you to the community for their love and support, expressing the blessing he felt being surrounded by everyone’s love: “I’m so proud of my community. I’m going to do my best to help everybody I can and to help Fannin County.”
Feature Image : Fannin County Chairman Jamie Hensley, Post One Commissioner Johnny Scearce, Probate Judge Scott Kiker, Post Two Commissioner Glen Patterson
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Mayor asked to return key to City Hall
City Council, Featured News, Featured Stories 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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