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VOLUME LXXV—NUMBER 60
Beer-sale ruling imminent
By Eddie Stowe
Th« Sunday News
A federal court judge has said he would rule “fairly
quickly” on whether Big Star Food Store in Forsyth
County can sell beer and wine by the package.
Big Star took Forsyth County commissioners to court
after being denied a beer and wine license last July.
Now Judge William C. O’Kelly has heard both sides of
the case and may issue his decision within the next few
days.
David Kell, Cumming attorney, who represents Big
Star, said the ruling could come, “within a couple of days
or within a couple of weeks. You never know what fairly
quickly means.”
Kell feels confident on the impending decision, because
he based his arguments on two previous federal court
rulings.
■MB
Good morning, Forsyth
Good morning! Today is Sunday, Sept. 30 and
fall-like weather is here. Hie forecast calls for
partly cloudy slues with a high only in the 80s.
Tonight cooler and a chance of showers tomor
row. A cool day to let the Sunday News be your
companion.
TUFF nominations
Taxpayers United for Forsyth (TUFF) will
meet Oct. 9 to nominate their officers for the
coming year in the Jury Assembly Room of the
I Forsyth County Courthouse.
Page 3A
Fire safety worry
The Cumming-Forsyth County Chamber of
Commerce is worried that “excessive” tap fees
for sprinklers will discourage potential indus
try from locating in the area.
Page 6A
Third shopping center
A third shopping center for Forsyth County
came a step closer with the recommendation
for the rezoning of a tract on Georgia 9, south of
Cumming by the Forsyth Planning Commis
sion.
Page 6A
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‘Hot Pursuit
ABC’s new series, “Hot Pursuit,” airing Satur
days, follows the pattern of the old David
Janssen series, “The Fugitive” with some
interesting new twists.
TV Focus, Inside
ABT or PESIOH
Forsyth woodworking studio
attracts students from afar
SUNDAY IN FORSYTH
Forsyth County News TH
SUNDAY, SEPTEMBER 30, 1984—CUMMING, GA. 30130—78 PAGES 4 SECTIONS
“There were two federal cases in Rome and Augusta
where the VFW and Moose Clubs had been selling beer
and liquor,” said Kell. “One of the convenience stores
came forth and said in their argument that the county
should issue them a permit because alcohol beverages
had been sold.”
Kell charged that sales of alcoholic beverages had
been permitted in some private clubs in Forsyth County,
meaning the commission had granted those clubs “im
plied" licenses to sell beer and wine.
He said because the clubs had been granted “implied”
licenses, the commission would be discriminating if it
denied a license for Big Star.
Kell said a state license is needed to sell beer and wine
by the package, but the only requirement for a state
license is that the establishment be issued a license from
the county first.
Kell pointed out that the law says it is solely up to the
Hospital
hopes
bright
By Johnny Solesbee
Th> Sunday Nawa
The feelings have been running
from hot to cold on the the part 6f
Forsyth County Hospital officials as
to whether the State Health Planning
Agency (SHPA) will allow the facili
ty’s sale.
However, the hospital’s adminis
trator, Craig Hethcox, told the hospi
tal authority Thursday night he now
feels good about obtaining the state’s
approval and believes “we’ll be get
ting approval for the project in the
next few days.’’
Omni Health Services, Inc., earlier
this year filed a certificate of need
with the North Central Georgia
Health Systems Agency requesting it
be allowed to purchase the local fa
cility. That agency, a reviewing and
recommending body only, voted not
to approve the request. However, the
State Health Planning Agency has the
final say in such matters and Hethcox
feels it will go against the other
agency’s recommendation.
There have been several meetings
in recent days among hospital and
Omni officials and officials of the
State Health Planning Agency and
Hethcox feds if the agency’s deputy
director, Charlie Haines, has his way,
“we’ll get the project approved.”
Hospital and Omni officials earlier
had requested a 30-day delay for the
SHPA to make its dedsion after the
agency had asked for additional in
formation. Hethcox said the final
decision will have to come by Oct. 8,
but he expects it sooner.
In other business during its regular
monthly meeting, the authority gave
its blessings to Forsyth County offi
cials if they decide to contract with a
private firm for operation of the
ambulance service.
The county has received at least
two proposals for operation of the
ambulance service (see separate ar-
See HOSPITAL, Page 18A
Barnett, Jennings
air views on issues
By Chuck Thompson
TN» SufKUy Nbw»
After coasting through the General
Primary with no opposition, Bill Bar
nett and Reva Jennings are preparing
to square off in the Nov. 6 General
Election.
The winner will represent all of For
syth County and a small portion of east
Cherokee County in the Georgia House
of Representatives.
, Barnett, a Democrat, was elected to
the position in 1982 and is seeking a
second term.
His Republican opponent is the wife
of the late Bruce Jennings, a Gumming
dentist.
In an interview with the News, both
candidates were asked about general
discretion of the county commission on whether a license
is issued. “Even if it was voted in and approved,’ it
doesn’t mean the county would issue a license. If it were
turned down, however, the county can still issue a
license,” he said.
“For beer and wine you don’t need an election,” he
said.
Lynwood “Woody” Jordan, Forsyth County attorney,
argUed on behalf of the county commissioners, and based
his argument on the fact that the local private clubs had
been “raided” and told they could not legally sell beer
and wine.
Jordan said, however, that he had been put in a
position of inconsistency because of conflicts between
state law and federal laws.
Jordan said state law says that if some businesses are
in violation of the statutes, that would not give other
businesses the right to be issued a license.
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Ambulance service under study
By Johnny Solesbee
and Doug Allinger __
Th« Sunday News
Trying to recondle seemingly contradic
tory goals of reducing costs and improving
service, the Forsyth Board of Commission
ers is carefully studying options available
to provide the most effective and most
effident service possible.
With the county’s current ambulance
service contrad nearing expiration, the
commissioners have received at least two
quite different proposals for consideration.
The county, required by state law to
ensure that emergency medical services
are available to all residents, has since
April paid Omni Health Services about $17,-
000 per month to run the county’s ambu
lance service.
At its Sept. 10 meeting, the Board of
issues and their individual qualifica
tions.
Other questions included changes
they’d like to see in the Georgia Gen
eral Assembly and how they plan to
stay in touch with their constituents.
Questions asked the candidates are
listed below in bold print, followed by
their answers:
Why are you qualified to serve in this
position?
Barnett l’m running on my record.
I have 15 years of business experience,
and have faced the responsibility of
meeting a payroll and hiring people,
which I feel has been a great benefit to
me. I also have four years of experience
(Hi the Forsyth County Commission
two years as its chairman, which has
given me a lot of valuable knowledge
Ziz
Commissioners received a proposal for a
private ambulance service to take over the
county’s emergency medical service. Mi
chael Oglesby told the commissioners he
could provide four ambulances, two
equipped with advanced life support sys
tems, for a guaranteed $15,000 per month.
Although he said the commission was
interested in Oglesby’s proposal, Board
Chairman Donald Glover said there were
some aspects of the private ambulance
offer that “needed more explanation.”
Among the details the Board wants more
information on are assurance that Oglesby
has the proper insurance and is bonded for
any liability he may incur. Also, the com
missioners were interested in their options
for cancellation and control of rates.
In the meantime, Michael Finley, who
has 11 years experience as an advanced
emergency medical technician and has
been with the Forsyth ambulance service
RAMP CLOSIM6
Boating enthusiasts
launch petition drive
PAGE 3A
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Bill Barnett incumbent
that I’ve already used and will continue
to use. I feel my biggest asset is serving
two years in the General Assembly.
Jennings I know right from wrong,
and I’m not out for personal gain. I am
dedicated to honest government, and
will represent all the people, and not
He said the federal law, however, says that if a
community allows someone to sell beer and wine, and
someone else comes in and asks for a license, “you’ve got
to give it to them.” If you have allowed them to sell for a
period of time, you’ve given them an “implied” license,
he said.
The case was held in federal court, and that’s why Kell
feels confident.
Jordan said his argument was that in the other cases,
establishments were allowed to sell beer and wine right
up until the time of the court cases. But that in Forsyth
County, raids were held in 1978 and again in 1984 to keep
the VFW and Moose Club from selling beer. The Lantern
Inn was in the 1978 “raid” he said.
And what happens if the judge rules in favor of Big
Star?
Jordan said in effect the county would have to adopt an
ordinance for beer and wine package sales in the county.
for the past two years, has informally
proposed that the commissioners establish
the ambulance service as a county depart
ment, much like the sheriff’s department.
Finley said he plans to have a concrete
proposal for presentation at the Board’s
next regular meeting, Oct. 8.
Barbara Wiggins, director of the Forsyth
County Ambulance Service, agrees with
Finley that emergency medical services
should be be operated as a county depart
ment, rather than contracted out to a
private operator.
The commissioners, now in the midst of
budget hearings, plan to consider the am
bulance service budget this week. The
Board will have before it a request for
$297,490 for total expenses for the ambu
lance service. The county’s share will actu
ally be less than the average of $24,800 per
See AMBULANCE, Page 10A
>< JH
Reva Jennings challenger
special groups. People who come to me
will not be asked whether they’re a
Republican or a Democrat. I can listen
to all the people.
If you could change anything about
See BARNETT, Page MA
35 CENTS