Gilmer begins process to change hotel/motel tax
News April 17, 2022GILMER COUNTY, Ga. – With the information made available in December 2021, and the decision to move forward made in January 2022, the Board of Commissioners officially approved a motion this month to authorize County Attorney David Clark to begin revisions to the Excise Tax on Rooms, Lodging’s and Accommodations Ordinance.
The motion comes with new information on the change as the final process begins for changing the tax. However, even that won’t be the final step as Clark said the Governor will need to sign this as well. With final county approval potentially occurring in June, Clark said that July 1, 2022, could likely be the actual change date of the tax depending on when the Governor signs. In January’s meeting, it was stated that the approval in the county’s meeting is for the resolution to be sent for approval in state legislation. This was included in the formal motion and approval of a change in the Hotel/Motel Tax came in January as the county was looking into the concept.
Going from five percent to eight percent and including tourism product development (TPD) Projects, this change is also bringing along a change in stay length. Clark reported to the board that Chief Financial Officer (CFO) Sandi Holden noticed a change needed for the updated ordinance.
Currently, the ordinance applies to stays up to ten days, however, with changes in the state, Clark stated that stays up to 30 days can be considered “short term rentals.” The county will also be adding this change alongside the increase in percentage.
As for the application of these changes, Paris clarified in the county’s regular meeting after questioning the county attorney. Any rentals scheduled after July 1 will be subject to the new changes. This means that even reservations made before July will fall under the new changes if the stay occurs after the change date.
While the July 1 date is still currently an estimate due to potential delays either from the state or local governance or if the process delays with citizens input, the county only used that date as the assumption for the clarifications. The TPDs listed for the county to pursue in 2022 include Parks, Trails, Wayfinding Signage, and Recreation facilities. However, Clark estimated that with the collection beginning in July, it could be September before the county starts realizing that change in their financial reports. Meaning it could be fall before the county could begin working on those projects.
BOC files restraining order over property in Whitepath
News March 17, 2022GILMER COUNTY, Ga. – A restraining order has been filed with the Superior Court with the Gilmer County Board of Commissioners being the entity to file. Approved after an executive session during the commissioners regular meeting on March 10, 2022, the complaint was filed the following day, March 11, 2022.
The restraining order was filed against Daniel and Linda Holmer in the Buckhorn subdivision, a portion of the Whitepath Golf Course. According to the complaint on behalf of the BOC, Art Wlochowski, Director of Code and Regulatory Enforcement, went to the property in August and September of 2021 to discuss a deck with the residents. The Holmers have allegedly built a deck illegally, being that it is on the lake of the property. According to reports, the unnamed lake is not to be built on without approved requests.
However, the complaint, according to the county, is not because of the deck itself, but rather, due to repeated interactions with the residents culminating in alleged “threats to employees.”
According to the complaint, Holmer left a voicemail on Wlochowski’s phone saying, “Yes, if this is Art… uh… what’s his name from the Gilmer County Code and Regulation Commission… Compliance, just want to let you know if you come to my property you better bring the (Expletive) with you.”
Additionally, noted in the complaint, on October 15, 2021, officers of the Gilmer Sheriff’s Office went to the location to inform the residents of the surveying crew operations. It is stated that Holmer told Captain Brian Crump that he would defend his property against Captain Brian Crump or any other County employee or agent.
Exercising rights to inspect their own property, the county was encouraged to get a court order before continuing operations. Now, this filed complaint, filed by County Attorney David Clark, states, “…unless Defendants are immediately restrained from interfering from Mr. Wlochowski’s inspection of the County Parcel and Mr. Vick and his crew from surveying the County Parcel, Plaintiff will suffer immediate and irreparable injury in that it remains deprived of conducting all lawful and legal activities on its County Parcel.”
With the complaint mainly focusing on access to the county’s property and performing operations at that location, the problem seems to arise that the county cannot reach the location it needs to be at without passing over a portion of the Holmers’ land. According to the filed paperwork, the Holmers have 30 days from the date of filing, March 11, 2022, to respond.
Attorney hired for pool project
News July 28, 2019ELLIJAY, Ga. – The hiring of a specialised attorney for railroad agreements was approved by the county in a Special Called Meeting this week with concerns over the planned agreement.
As the county continues pursuing the agreement to cross the railroad tracks at the expected location of the pool project just off of Progress Road, the hiring of this attorney is expected to bring two major benefits.
The first being to have someone more specialised and experienced in these types of agreements to look at and make changes needed for the county side of the agreement.
The second being having this attorney ready to pursue the agreement on the county’s behalf if the need should arise.
The attorney would have no retainer fee, but a $300/hour charge.
During the Special Meeting, Gilmer Commission Chairman Charlie Paris said he had spoken to the attorney already to gather what information he would need.
As the county continues awaiting the response from the railroad, approval for the attorney is preparing the county for the next step in either situation, review or further pursuit.
Pritchett found guilty on all counts
News March 8, 2019ELLIJAY, Ga. – A shooting on July 8, 2017, is finally moving towards a close in the court system with Douglas Edwin Pritchett being found guilty on all counts yesterday, March 7, 2019.
As originally reported by FYN in “Fatal Shooting in Gilmer County involves GBI,” Gilmer County Sheriff Stacy Nicholson stated that deputies responded to the 911 call from Douglas Pritchett, 43, claiming his home was being invaded and he had shot the invader. Involving the Georgia Bureau of Investigation (GBI), the two agencies moved forward in the investigations.
Reports from the indictments of the case indicate that Danly was shot in the face, back, and chest.
Almost two years later, Appalachian Judicial Circuit District Attorney B. Alison Sosebee says, “I am very pleased with the verdict that the jury returned in this case. I feel that it is appropriate based upon the evidence gathered during the investigation of the case and the testimony and evidence presented at trial. The District Attorney’s Office would like to thank all law enforcement that was involved in the investigation and prosecution of this case, including the Georgia Bureau of Investigation, the Gilmer County Sheriff’s Office, the Gilmer County Fire and Rescue, and Jerry Hensley, Coroner of Gilmer County.”
The guilty verdict “on all counts” refers to the multiple charges listed including one count of Malice Murder, three counts of Felony Murder, one count of Aggravated Assault Intent to Murder, one count of Aggravated Assault, one count of Aggravated Battery.
Each of these charges derived from the single altercation between Pritchett and his victim, Richard Danly, 53 at the time of the shooting.
Jury selection for the case began last Thursday, February 28, and opening statements began on Friday, March 1, The case was presided over by Senior Judge C.J. Gober, previously the Chief State Court Judge of Cherokee County.
As the case progressed this week, it reached it’s initial conclusion yesterday, March 7, when the Jury took the case for deliberation at 3:00 p.m. and returned at 5:45 p.m. with their verdict.
It is also FYN’s understanding that while Danley’s mother, who is in her 80’s, was unable to attend the trial due to health issues, she did say she was very relieved when she was told of the verdict.
Venue size concerns revisit BOC
News February 16, 2019ELLIJAY, Ga. – Gilmer is once again in issue with rezonings when considering items this month.
Considerations of wineries, tasting rooms, wedding venues, and lot sizes came to discussion in February’s Commissioner meeting.
The major contentions came when considering a conditional use permit for a “large” wedding venue. The item for A-1 Agricultural with Conditional use for 582 Cinnamon Lane created debate between Public Works Director Jim Smith, Planning and Zoning Director Karen Smith, and County Attorney David Clark as the board sought guidance and information about the issue.
The venue actually came as two items, the board unanimously approve the winery and tasting room in one vote, then discussed the conditional use for the large wedding venue at the same location.
Jim Smith warned the board to consider the county roads when allowing the possibility of more vehicles and traffic of a large venue.
Ultimately, it was Attorney David Clark who noted that the current item was a wedding and events venue as opposed to Large Recreational Venues which expected larger crowds.
Gilmer County Commission Chairman Charlie Paris noted concerns and calls he had gotten on the issue. He later said in the meeting that he wouldn’t support the larger numbers of over 200 people at the event. However, he indicated he didn’t want to restrict them to less than 100 either.
Smith later raised concerns about the public accessing the venue through Cinnamon Lane, preferring they instead use Old Flat Branch road.
Final approval for the wedding and events venue came with conditions including no more than 200 people, ingress and egress be through Old Flat Branch road, and that expenditures related to it, such a deceleration lanes, be the responsibility of the facility owners at the location.
All three board members voted to approve the conditional use permit.
Commissioners pushing for “Fast Answer” in pay raises
News, Opinion November 15, 2018What’s the rush in Gilmer County for Post Commissioner pay raises? As the issue is moving forward in the Board of Commissioners revolves around three post commissioners, new information has drastically changed how the Board as a whole is attempting to achieve the goal of a raise.
Looking back into recent years, the Administrative Wages stood at $20,685 in 2017. It was then raised in 2018 to $21,083, not an uncommon increase as post commissioner positions gain “Cost of Living” adjustments, certification supplements, or longevity increases.
The current Post Commissioners’ base salary is $7,125.38. If the Post Commissioner has completed the Carl Vinson Institute of Government classes, they gain $1,200 in supplement pay. There is also Cost of Living Increases that have been added in recent years as well as a “Longevity Payment” if the Post Commissioner is re-elected. Additionally, health insurance is included.
However, this raise will only increase the Base Pay, everything else is added on after. So it will take what is considered a part-time position as Post Commissioner from $7,125.38 to $14,250.76.
It has been well documented that Post 2 Commissioner Travis Crouch is the one who initiated the conversation about a raise for Post Commissioners. He has said that as he looks at the position on his way out, he did not run for re-election, it is something that he feels should be changed. The final agreed amount seemed to fall at doubling the base pay of the position, from 10% of the chairman’s salary to 20%.
When it was originally brought up, the idea was to handle the change by “home rule.” This means that the Board would change its own charter, and it would hold meetings where citizens could speak and comment on their thoughts about the change. Then the board would approve or not approve the change. If approved, the change would take effect at the next election cycle.
The catch came when County Attorney David Clark informed the Board at a later meeting that such a change would have had to be done before qualifying. This was a time when Crouch said he was unsure if he would run again or not.
This is because if the positions pay changes, it will affect qualifying fees for running in the election for that position. A post commissioner candidate pays 3% of the position’s annual salary as a qualifying fee.
However, since this revelation, the county has not decided to move forward with the change to take effect for the next election cycle. They have instead pushed straight for a local legislation answer to the issue by sending it to Atlanta to be approved by the state in their earl 2019 legislative session.
However, if this happens, it will not only push away the opportunity for a public hearing and opinions by locals on the issue as the county’s charter demands, it will also take immediate effect as soon as the Governor signs the bill. It will also take effect for BOTH post commissioner positions instead of just one.
This means the current Board of Commissioners is attempting to rush ahead with an idea that was only raised a little over a month ago through the fastest option possible instead of following their own charter and their own rules to let the home rule change take effect on the next cycle. Why?
The argument was also made that these people aren’t paying attention to what they make annually, instead running for the benefit of the county. Yet, in their public meetings, Attorney David Clark openly said the pay increase would entice more people and more qualified people to the position as he likened it to that of management of a $20 million company.
Additionally, this raise further seems to be only fueled by the idea that it makes the position more attractive and “worth it” as their is no apparent changes in the responsibilities or duties of the Post Commissioner.
Is that a good reason to raise the position’s pay? That is for citizens to decide instead of state legislators.
If this is sent to the state legislation instead of handled at the county level, it also introduces a fault in the law of the county. As it is stated that a candidate should pay 3% of the Post Commissioner annual salary as a qualifying fee. Changing through state legislation puts these people outside of the county’s law as they did not pay the expected 3%.
Yes the Post 1 Commissioner (Dallas Miller) has spent close to two years in the position being paid what he qualified for with the 3%, but the Post 2 Commissioner Elect (Karleen Ferguson) will likely only spend 6 months in office before her salary doubles. The “6 months” comes from estimations from county officials that the Governor may not even sign the bill, if approved, until June or July. Regardless, that is a Post 2 Commissioner spending the vast majority of her term at double the salary that she “qualified” for.
Put aside the people, put aside the question of if the raise should happen or not. The real question is why the Board is so bent on pushing this change through as fast as possible.
Breaking down the options is easy.
Home Rule requires a time frame before qualifying, requires all advertisements and public hearings necessary for changing the county’s charter, and doesn’t take effect until the position is up for election again.
Local Legislation is done in the next three months, is only required to spread the information of the change through state level requirements, and takes effects for all parties immediately.
The moral question at hand is not whether the Post Commissioners deserve a raise, many past Post Commissioners have openly stated that the job is not worth the pay. The question is simple, “WHY THE RUSH?”
Why does the Board not move forward with a suggested change to its charter or ordinances as it should, and as it has with many of its other changes including the River Regulations, Land Ordinance changes, and even its annual budgets.
Why the rush?
Commissioners getting a raise?
News October 26, 2018ELLIJAY, Ga. – A “hindrance” is how Post 2 Commissioner Travis Crouch described the toll a Post Commissioner takes during their service.
Having served almost four years and stepping down at the end of December, Crouch has led the board’s discussion on Commissioner salaries as he described in October’s meetings how it has affected both his business and life.
Crouch went further to say the increase would help to attract people who would do a good job for the county, noting that his business has been affected by the time he has spent on Post Commissioner duties and has cost him money in the long run.
However, much has changed since he began the conversations earlier this month in budget sessions. The Commissioners are still considering raising the salaries from 10% to 20% of the Chairman’s, effectively doubling the pay. Yet, the county’s attorney, David Clark, informed them during the special session that changing the salary should have been done before qualifying was held for the position.
Discussion continued on the topic despite the setback as the county is moving toward a legislative session answer to the obstacle. Though the board can change the salary prior to qualifying, now, they will seek to have their District Representative and Speaker of the House David Ralston or State Senator Steve Gooch introduce a change the county’s Post Commissioner salaries in the 2019 general assembly.
Clark also noted the last time the Commissioner’s Salary was changed was in 2001. Though all three Commissioners agreed about changing the salaries, moving forward now will also change the discussion since the budget session as if it is done at the legislative level, it will immediately affect Post 1 Commissioner, Dallas Miller.
Clark called the change in salary overdue, not only for the Post Commissioners, but for the entire board. If the board was to change the post Commissioners to 20% and then raise the Chairman’s salary, it would effectively further raise the Post Commissioners as well. Even though it wasn’t further discussed during their meeting, Paris confirmed that it was mentioned in discussions.
However, Paris also said, “I’ve indicated that I’m fine where I am,” adding that he was focused on the Post Commissioners at this time, the Chairman not being the priority of the discussions.
Clark also agreed with the change to 20% as he said it was probably a truth that “for every five days the chairman works, a post probably works one day of that week” through their time spent fielding phone calls and their other responsibilities.
He likened the county to $20 million company saying that in order to seek out those willing to put in the time and effort into managing that, you need to invest in them.
If completed in this manner, it was estimated that this could become active in May.
The board is continuing the discussion on the topic this month and into the November Meeting of the board. Alongside the new information that it would affect Miller as well, it also pushes back the raise for newcomer Karleen Ferguson to May as well, a change from the expected entrance at the new pay scale.
Breaking down the numbers, this change would affect the base salary calculations. According to Paris, his base salary that affects all of this as Chairman is $71,253.78.
Taking that number, the current Post Commissioner Base Salary, before any supplements or bonuses, would be $7,125.38. However, adding the increase would shift this to $14,250.76 annual salary before supplements or bonuses. On top of these, the Post Commissioners are added for costs of living and other certifications.
Chairman Paris officially told FYN that they are would wait until the 2019 session to put this bill forward. They would not be interested in adding it into the November Special Session.
Even with this set in the early 2019 legislative session, it could be only a half-year change as it would not take effect until the Governor signs it. Paris noted this could mean a June or July change.
Additionally, Paris also noted that this is not the first time the county has used this option, having previously changed the coroner’s salary in the same fashion years ago.
Police Report on Incident in Lawsuit
Uncategorized June 26, 2017After combing through the Lawsuit filed by Terry Cantrell, FYN takes a closer look at the Police Report and Dash Cam Footage of the involved incident.
The Incident Report filed with the Police states that Officer Brady Dover was patrolling down River Street when he noticed a dark in color pickup truck fail to maintain its lane by crossing over the fog line and partially into a parking lot. As he followed the vehicle, he initiated a traffic stop, activating his blue lights.
According to the report, after the driver failed to stop, he followed him onto North Avenue in Downtown Ellijay, and then onto McCutchen Street in front of the Ellijay Elementary School and Ellijay Primary School. At this point the driver dramatically increased his speed to a point where Officer Dover had to increase to 55 mph to avoid losing the suspect.
One can see in the dash-cam footage, as the suspect came off the bridge on McCutchen Street, the suspect nearly ran head-on into another vehicle exiting Harrison Park before traveling through the field and crashing into a small creek on the east side of the park.
An Accident Report also indicates he struck two wooden posts that blocked vehicles from entering the field.
The incident report states the suspect exited his vehicle on foot, at which point Officer Dover pursued the suspect, yelling at him to stop.
Pursuing the suspect through the wooded area, a field, and back onto McCutchen Street, Officer Dover once pulled his firearm after noticing “a large knife on his side.” Yelling at him again to stop, the suspect continued fleeing. Continuing his pursuit, the report states Officer Dover heard a second officer, Sergeant Brian Troglin, “give a loud verbal command.”
Sgt. Troglin’s report states that he noticed “a knife approximately 6″ in length on his right hip in a case,” emerged from his vehicle, and yelled, “hold up” at the suspect.
The report also states Sgt. Troglin saw Officer Trevor McClure tackle the suspect with a shoulder tackle.
Officer McClure’s report stated:
AS I QUICKLY CLOSED DISTANCE BETWEEN MYSELF AND MR. CANTRELL, I HEARD SGT. TROGLIN YELL, “WATCH OUT FOR THAT KNIFE,” AND OBSERVED THE KNIFE ON MR. CANTRELL’S RIGHT HIP. I SLOWED DOWN, SLIGHTLY, AND REACHED FOR MY SERVICE WEAPON. AT THIS TIME I WAS APPROXIMATELY FIVE TO SIX FEET FROM MR. CANTRELL’S LOCATION. AS HE TURNED TO FACE ME, I REALIZED THAT I WAS TOO CLOSE TO ATTEMPT TO STOP AND DRAW MY WEAPON. IN ORDER TO PREVENT MR. CANTRELL FROM CONTINUING TO FLEE OR ATTEMPTING TO DRAW HIS KNIFE, I DELIVERED A SHOULDER TACKLE, WRAPPING MY ARMS AROUND MR. CANTRELL’S BACK, AND TOOK HIM TO THE GROUND. I IMMEDIATELY TURNED MR. CANTRELL INTO THE PRONE AND BEGAN HANDCUFFING HIM. AS I TURNED HIM, I NOTICED THAT HIS BODY WAS LIMP AND THAT HE WAS BLEEDING FROM THE BACK OF HIS HEAD. AFTER HANDCUFFING MR. CANTRELL, I SECURED THE KNIFE FROM IT’S SHEATH ON HIS BELT AND HANDED IT TO SGT. TROGLIN.
A second dash-cam footage shows the officer tackling the suspect to the ground, who was then identified as Terry Cantrell.
Sgt. Troglin’s Report states he noticed Cantrell’s head bleeding, called for an ambulance, and instructed Officer McClure to “get the male off his back, put him on his side, and secure his neck.”
According to photographs of the scene, Cantrell had beer cans in the vehicle. He also registered a Blood Alcohol Content of 0.139 according to GBI Crime Lab results by Gas Chromatography.
FYN also noted seven citations from the incident including Striking a fixed object, Reckless driving, Driving while License was Suspended/Revoked, DUI, Failure to stop at a Stop/Yield sign, Failure to Maintain Lane, and Fleeing/Attempting to elude Police.
City of Ellijay and Police Officer Sued in Excessive Force Complaint
News June 22, 2017ELLIJAY, GA – A lawsuit has been filed against the City of Ellijay claiming excessive force by a City Police Officer.
According to the filing by Terry Cantrell, the police attempted to stop his vehicle on June 16, 2015 as he was driving in Ellijay, Ga. As the filing states, he left his vehicle, proceeding on foot. With the officers in pursuit, Cantrell’s lawsuit claims he suddenly threw his hands up to surrender and was tackled to the ground, at which point his head struck the pavement.
Quoting the lawsuit filed, Cantrell claims, “As a direct result of Defendants’ unlawful conduct, Plaintiff has suffered actual physical and emotional injuries, and other damages and losses…”
Cantrell filed his lawsuit against the City of Ellijay, Ellijay Police Chief Edward Lacey, III, and Officer Trevor McClure. Cantrell claims that as he fled police and was tackled, he was unconscious on the ground and was later put on life-flight to Atlanta Medical Center where he claims he was in a coma for 12 days and under medical supervision for 22 days.
Complaints against the City and Officers include “Excessive Force in violation of the Fourth and Fourteenth Amendments, Deliberately Indifferent Policies, Practices, Customs, Training, and Supervision in violation of the Fourth, Fourteenth, and First Amendments, Failure to Render Aid, Breach of Fiduciary Duties, Battery, and Negligence, among others.
Cantrell also claims this is not the first time the Officer has used excessive force in his career.
The lawsuit holds claims for both Punitive Damages and Attorney’s Fees for Cantrell. In a notice to the City of Ellijay, Cantrell’s Lawyer George Weaver, of the Law Office of George W. Weaver, claims the medical expenses amounted over $350,000 and continue to accrue daily. The notice did offer a settlement to the City of Ellijay in the amount of $1,100,000.
Fannin’s Troubles, Who lit the candle? Pt 4
GMFTO August 29, 2016Part 4 of our series on Fannin County, Brenda Weavers Resignation from the JQC, and the litigation of Mark Thomason.
https://youtu.be/4J3A81EPHNM
Morning Monologue 6/27/16
GMFTO June 27, 2016Arrests and Headlines, Fraud and Conspiracy.
https://youtu.be/b8Li3D26VJk
Morning Monologue 4/6/16
Opinion April 6, 2016Tag Scanners, Open Records, and Blue Ridge’s attorney.
https://youtu.be/bmG7nO-rFoc