Read more by Charles Duncan
Transcription
Read more by Charles Duncan
North Georgia News "Land of Lakes, Mountains, Scenic Beauty and Friendly People" Hometown newspaper of Blairsville, Suches and Union County Legal Organ of Union County 50¢ www.nganews.com Your Hometown Newspaper Since 1909 January 7, 2015 Membership group sues BRMEMC’s Akins, directors By Charles Duncan North Georgia News [email protected] A Blue Ridge Mountain Electric membership group has filed suit in Towns County Superior Court seeking remedy to what they call breaches of fiduciary duty by the Blue Ridge Mountain EMC general manager, and the six directors, according to a copy of the lawsuit obtained by the North Georgia News and Towns County Herald. The suit was filed Jan. 2 in Towns County Superior Court, according to the 219page lawsuit, and seeks a jury trial to decide the case. No trial date had been set at press time. The plaintiffs, Krista L. Gooch, Larry Williams, Andrew Stephens, and Barbara Moss, on behalf of the BRMEMC membership, ask for a judgment in favor of the membership against General Manager Matthew Akins, and directors Ronald Burch, William Prather, Robert Ensley, Kenneth Lance, Jerry Nichols and Greg Owenby, according to the suit. The suit also seeks the dismissal of Akins, legal counsel Lawrence Sorgen, and auditor Gene Allen, according to the suit. The suit also seeks a judgment in favor of the plaintiffs for the benefit of the membership against the six directors and Akins for breach of fiduciary duty in an amount electrical service to both his commercial operation and residential dwelling for a number of years. The suit also alleges that Taylor, who first became BRMEMC president in 1997, was in conflict with the Board of Directors for having commercial contracts that allowed the president to benefit financially from the construction of the BRMEMC headquarters project. The suit claims that more than one of the Board of Directors knew about the debt incurred by Taylor and Tay- Blue Ridge Mountain EMC General Manager Matthew Akins and six members of the Board of Directors have been sued by a membership group seeking their ouster. Photo/Lowell Nicholson to be proven at trial. The suit claims that the membership has been damaged by a result of the actions of the six named Board of Directors and Akins. The suit claims the directors named in the suit failed to discharge their duties in good faith and with the degree of diligence, care, and skill, which ordinarily prudent men would exercise under similar circumstances in like positions and are therefore liable to the membership for breach of fiduciary duty under O.C.G.A. Sections 46-3-303 and 46-3-303-1. The suit stems from the disclosure that former BRMEMC President Terry Taylor was allowed to carry a significant debt, and retain Unpaid commercial debt by former BRMEMC President Terry Taylor, above, and actions that followed prompted a lawsuit on behalf of the BRMEMC membership. Photo/Lowell Nicholson Santa came to visit in a bright red firetruck By Charles Duncan North Georgia News [email protected] The Union County Fire Department played a significant role in the lives of seven local families at Christmas time. Each of the volunteer precincts within the department – Jones Creek, Ivy Log, Blairsville City, and Owltown – along with paid firefighters coordinated with Union County Schools’ Family Connection to adopt families and provide Christmas for seven families, Fire Chief David Dyer said. “Each Station was given information by Family Connections on the family needs, sizes and interest,” Chief Dyer said. “Firefighters then hit the said. stores, shopped and wrapped the toys, clothes and other gifts for the children and parents in these families,” Chief Dyer “In one case, a station went as far as to provide a propane tank and fuel to help a family in need,” the chief said. Many of the families had their Christmas gifts delivered by Union County Firefighters in a fire engine, Chief Dyer said. “The funds used for these gifts were raised by the stations during their various fundraisers,” Chief Dyer said. “This is just one of the ways that the firefighters give back to the community. “A big thank you goes out to the Family Connections Department, the members these fire stations, and businesses who supported us in the making of Christmas brighter for many in our community,” Chief Dyer said. New EMC board members talk to Shakers By Shawn Jarrard North Georgia News Staff Writer Young Harris – The three newest members of the Blue Ridge Mountain EMC November 26, 2014 THE NORTH GEORGIA NEWS Page 11A THE NORTH GEORGIA NEWS November 26, 2014 Board of Directors spoke at November 26, 2014 THE TOWNS COUNTY HERALD Page 7A TOWNS COUNTY HERALD November 26, 2014 the weekly Mountain Movers and Shakers meeting on Friday, Jan. 2, at Mary’s Southern Grill. "Land of Lakes, Mountains, Scenic Beauty and Friendly People" 50¢ Former Georgia House District 8 State Rep. Charles Jenkins, local radio personality Steven Phillips and North Carolina Forester Chris LoHometown of Blairsville, Suches and Union County www.nganews.com gan, who were the newspaper first ever board members to be nomial Organ of Union County Your Hometown Newspaper Since 1909 November 26, 2014 nated by petition, then elected hop With A Cop program cash Paris approves $14.42 million by the membership, addressed needs some harles Duncan Clerk of Municipal Court county budget for Fiscal 2015 h Georgia News and Secretary for Blairsville many concerns raised by those [email protected] Church Police Department. “Each By Charles Duncan North Georgia News child is allotted Chris a certain Logan, EMC Directors Steven Phillips and Charles Jenkins speak Blairsville Police Chief in attendance, as the meeting amount of money and they [email protected] ny Carroll says the 2014 shop the way they want to.” to the Mountain Movers and Shakers. Photo/Lowell Nicholson The 2015 Union CounWith A Cop program Union County Fam- ty government budget is set took a Q&A format. 5,000 in the on hole before ily Connection, teachers and at $14.42 million. ctions started this year. other sources point the deSole Commissioner The trio recently reThat’s because a corpartment in the direction of Lamar Paris explained that e sponsor has pulled out shoppers, Neely Mountain EMC,” “Another thing that we the $405,776 said increase over use of conditions beyond turned from board training Ridge prospective said. the 2014 Fiscal budget incontrol, Chief Carroll “These are the kids cluded security for the Union Phillips. course, we just brought up to the board is disthat fall“Of through the cracks,” County in which was conCourthouse. “The Nashville, community consaid. “It's the kids that “The majority of that s to support Shop With barelyshe got elected on are sort of in limbo when it increase was forthe courthouse solving the health insurance p,” Chief Carrollby said. the National Rural ducted comes to Christmas. Every- security since we had to I feel like they will one likes to see the eyes of been board, so we’ve not cover the sixthere months of 2014 for the board members,” said us make up for the loss the little ones light up. Well, expense that was out of budElectric Cooperative Assoe of our corporate sponLamar Paris the tweeners (11-17) sort of get and the upcoming year ips.” it’s slow process. I know Logan. reach 100 a names grows. We know who said. “We want to– “We don’t feel that it’s get left out. of 2015,” Commissioner several other counties and ciation, Shop With A Copan has organization or more children this year. could use some Christmas reprecut the $50,000 cost basi“Yes, they're excited the faces of almost 700 cheer,” Chief Carroll said. We just don’t know if we’re about Shop With A Cop. Paris said. “We were able cally in half. a lot of people are wanting that the members youth since the program going to have the funds to do They've got their lists made to pay for the new required something “We’ve had a 900 lot of help senting more than EMCs. “We had a $35,000 adequipment out of SPLOST n in 1999 and Chief Car- over the years, Mom and Pop that this year.” ditional cost in our liability out,” she said. “You'd be sur- funds, saving on our I think change isbudget, themselves aid the need is definitely stores, churches, businesses, to pay for. We Shop With Achange, Cop enters prisedand and facility insurance, need but how many are buying board memto help again inAll 2014. three individuals and of course the its 15th year with Blairsville for other family members, but negatively impacting our our largest increase other SPLOST funds. The Chief says there are Blairsville Cruisers make a Police Department involve- not for coming. It’s just going to be, than security, wasit more than and it’s probably themselves. It reup, “In addition, other brought financially challenged bers trained for five days, ment. huge difference every year. ally warms your heart to see added expenses were paying $80,000 in Juvenile Court ies in Union County “We take the kids “Every year we want costs,” Paris to said. “With reI said,SeeaShop,slow process.” increased employee benefit going come up in a motion one might think. them for few more kids than shopping, from 8 a.m.to help to a 4:30 p.m., andwe takelike 2A costs at the library, mandated cent court rulings, indigent “Each year, our list of we did the year before,” he a meal,” said Cindy Neely, defense (where the county by the state issue rate,” Paris said. next One hot-button time.” are now board certified mem“We increased $20,000 for must pay for those who Development Authority can not afford to pay themVS robbed; and divorce with the sought board of the directors Not all of the members to be able to spend more on selves) in legal bers Pharmacy of the BRMEMC Board suspect advertising and job creation, proceedings where children harles Duncan are involved, use to include we have gone for many years on has been health insurance the hof Georgia News providing oneboard attorney for of directors have Directors. without updating our tax [email protected] and assessor for aerialbyphotos, insurance paid for by See Budget, 2A which we are able to join health “I Deknow a lot of people board members paid Blairsville Police ent and the Georgia Buthe membership, but a few do, of Investigation were inpursues are interested in the Blue the membership. Membership group North Georgia News gating an armed robbery onday at CVS Pharmacy eorgia 515. The heist happened g the lunch hour. Details ketchy, but it appears obber made off with an closed amount of cash. esses say the robber left ot. Blairsville Police Chief ny Carroll declined comabout the incident as special agents came to to assist in the investiga- Blairsville police, n County sheriff’s depuand K-9 Deputy Lacey, handler Jeff McConnell, at the crime scene, along GBI special agents. No further details, inng a description of the ct, were available at time. Read next week’s ediof the North Georgia for more details and pay lor Construction, and Terry Taylor’s residential account, which also was in arrears. The suit claims that Akins, in addition to allowing Taylor to continue the indebtedness to BRMEMC, perjured himself and damaged BRMEMC by filing false reports in 2011 and 2012 on IRS Form 990. The claim is that Akins had knowledge of a conflict of interest arising out of Taylor receiving compensation from BRMEMC at the same time that Taylor and Taylor Construction and Taylor personally, had an un- Blairsville Police Chief Johnny Carroll. Photo/Lowell Nicholson Vol. 106 No. 2 16 Pages Inside derivative action against EMC By Charles Duncan North Georgia News [email protected] Ten members of Blue Ridge Mountain EMC will move forward with a derivative action seeking the dismissal of BRMEMC General Manager Matthew Akins, General Counsel Lawrence Sorgen, six members of the EMC’s Board of Directors, and the EMC’s Auditor and Certified Public Accountant Gene Allen. A derivative action demand letter obtained by the North Georgia News, was sent to BRMEMC on Nov. 6, with specific demands that the EMC Board of Directors assert causes of action against Akins and members of the Board of Directors, Ronnie Burch; William Prather; Bob Ensley; Kenneth Lance; Jerry Arrests 6 Church 7 Weather Thurs: Sunny Hi 33 Lo 16 Classifieds 13 4 Fri: Sunny Hi 40 Lo 20 Opinion 14 Sat: Sunny Hi 46 Lo 28 Legals NGN Obits 8 Sports 10 The scene was hectic as Blairsville Police, Union County sheriff's investigators and K-9 Lacey and GBI special BRMEMC BOARD MEETING MINUTES In a letter dated Nov. 17, the membership group learned that the BRMEMC Board voted to reject the demands, according to a correspondence sent by BRMEMC legal counsel Sorgen. “The Board has received and reviewed your letter of November 6, 2014 and has taken action in regard to the matters set forth therein See page 11 paid balance with BRMEMC; as well as Taylor and Taylor Construction doing work on the BRMEMC corporate headquarters project. The happenings led to a change in three directors at the annual BRMEMC Meeting in September. Charles Jenkins, Steven Phillips, and Chris Logan unseated three incumbent directors by election of the membership. Their historic elections (the first board members elected but not nominated by the BRMEMC Board of Directors) followed news that former longtime EMC President Terry Taylor was severely in arrears on his EMC commercial account. Taylor also had a history of not paying his residential account. The most recent debt was more than $48,000, according to documents obtained by the North Georgia News and Towns County Herald. According to the suit, Attorney Sorgen failed to inform the Board of Directors of Taylor’s debt after discovering the debt through a meeting with Akins in May or June 2013. Sorgen’s failure to inform the Board of Directors of Taylor and Taylor Construction’s unpaid balances, and, correct the timing of the demotion of Director of Operations Chris Kelley, who, blew the whistle on the unpaid debt, indicates that it is in the best See EMC, Page 2 Langley sworn in for second term as DA By Shawn Jarrard North Georgia News Staff Writer Enotah Judicial Circuit District Attorney Jeff Langley was sworn in for his second term by Union County Probate Judge Dwain Brackett on Friday, Jan. 2, at the Union County Courthouse. Langley has been an attorney for 30 years, but has acted in one capacity or another for going on 17 years within the Enotah Judicial Circuit’s DA office, which comprises Union, Towns, Lumpkin and White counties. “I need to thank everybody in this room,” said Langley before the start of official proceedings. “A lot of you folks are the people who helped me win my election four years ago. A lot of you folks in this room are the people who worked so hard in my office this year that we did a job that didn’t compel anyone to run against me. We didn’t do so as does BRMEMC attorney Larry Sorgen. “Another thing that we’re looking at is this: deposits,” said Logan, who is on the board’s finance committee. “Anybody that gets power, they put a deposit down, and then it’s just almost like you never get it back. It’s never seen again. “And so, we’re in the process of coming up with a system that, the first thing we’ll do is, anybody that shows that they’re paying their bill in a timely manner and are in good standing, then you’ll get that returned. This hasn’t taken place yet, but it’s in the works.” NewsThey in the Mountains of North Georgia are also looking into utilizing credit scores to determine whether or not a deposit is even applicable on a per customer basis. “A lot of people have more than one meter, so if By Charles Duncan you’ve got another some- North Georgia News thing, you add another me- [email protected] ter, you have to put another deposit down,” said Phillips. The Georgia Department “But if you’ve been a member of Natural Resources Division for 20 years, that’s crazy.” is seeking public input on a sinLogan said that mem- gle season for deer hunting. bers can look forward to A public hearing was movement on the deposit scheduled for 7 p.m. on TuesSee Directors, Page 3 day at Blue Ridge Mountain Jeff Langley badly someone felt compelled to sign up and run against me. So, I was elected without opposition, and very thankful for that.” Angela Langley, his wife, stood by him as he was sworn in, and quite a few members of Langley’s church showed their support Friday, as well as for- See Langley, Page 2 Public hearings for statewide deer season begin S.A.F.E. Fundraising Dinner See page 11 HOMESTEAD EXEMPTION INFORMATION AND DEADLINES See Page 16 EMC headquarters in Young Harris. The meeting is one of eight scheduled statewide this week. Hunters and other interested residents are invited to attend any of eight upcoming public meetings related to the See Deer Season, Page 2 SPORTS UCHS Basketball Tues Jan 6 vs Riverside Boys 6 PM Fri Jan 9 @ Rabun Co 7 PM Sat Jan 10 vs. Washington Wilkes 3 PM WRESTLING Fri Jan 9 & Sat Jan 10 AREA DUALS @ Monticello