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VOLUME CVIII — NUMBER VI
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Staff Photo By Tommy Toles
CITY OF SUMMERVILLE EMPLOYEES REPAIR GAS MAIN
Catastrophe Averted When Line Punctured; See Page 6-A :
Fire Investigated
City Restaurant Heavily Damaged
The Georgia Fire Marshal's
office "is investigating “a fire’
that caused extensive damz:fie
to a downtown Summerville
restaurant Friday night and
Saturday morning.
Marshals probing the fire
would not discuss any as?ect
of the probe except to confirm
that an investigation was
under way this week. A s:secial
team from the fire marshal’s of
fice in Atlanta was at the
restaurant Wednesday.
The Taste of Country
restaurant on Commerce
Street received extensive
damage in the blaze, which was
reported by a passing motorist
at 11:45 p.m. Friday. He
notified Summerville Officers
T. H. Brownlow and Jeff Keen,
New Library Funding Expected This Year
By BUDDY ROBERTS
Associate News Editor
The Chattooga County
Library could move into a new
building sooner than expected,
according to Rep. Tim Perri\]'.
Perry said Mondtxl that the
Georgia General Assembly
amended the current year’s
budget to include $395 million
in bond issues that will fund,
among other things, a new
county library headquarters
Sole Commissioner Less Expensive Than Board
This is another in a series of
articles about a progosal to
change Chattooga County’s
sole commissioner form -of
overnment to a five-member
goard. Voters in the county will
cast ballots on the issue on
March 3 during the presidential
preference primary.
* * *
A sole commissioner form
of government is less expen
sive and more responsive to all
the citizens of Chattooga Coun
ty than would be a five-member
board.
That's accordixag to
members of the Good Govern
ment Grou[;. a political action
committee formed to support
the current sole eommb&mer
form, The chairman and
treasurer is Robert Evans, He
is %‘t only :tmw
tending a recent
inurvm. session with The
Summerville News on the
The ~oummerville News
- who arrived at the scene within
’"‘saconds.""" WO
| VISIBLE
~ “...Thebuilding appeared
to be burning heavily with visi
ble flames and smoke in the
rear and visible smoke in the
front,”” the two lawmen
reported.
The first Summerville Fire
Department truck arrived at
the scene within a couple of
minutes. Before it was over,
both city fire trucks and a
Hays Correctional Institution
truck being used by the de?art
ment responded to the blaze.
Fifteen firemen fought to bring
it under control and to keep it
from spreading to adjacent
buildings. They laid 1,000 feet
and the widening of U.S.
Highway 27.
The fionds were ori%inally
included in the budget for the
1993 fiscal year, but were plac
ed in the 1992 budget so the
state could take advantage of
low interest rates.
“These capital outlai bonds
had been proposed by the
governor in the 1993 budget,
which begins July 1, but we in
the General Assembly and the
governor could see that now is
the time to buy these bonds
because the interest rates were
starting to inch upwards.
“You have got to unders
‘Good Government Group’ Says; ‘Buck-Passing’ Seen As Likely Under Panel
issues were Steve Ayers,
McMillan Myers and Ed
Surles. F. H. Boney, although
he is not a member of the group
and did not attend the inter
view, did express his personal
view in favor of a sole commis
sioner in a recent ad published
in The News.
EFFICIENT
The sole commissioner form
is more cost-efficient because
he is the only person responsi
ble for the county’s operations,
said Myers. A sole commis
sioner is on duty eight hours
Eer day at minimum, said
vans, and has the authority
to give immediate answers to
questions or requests.
A five-member board would
have to delay any decisions un
til a monthly or called meeting,
Evans added. It would not be
sible for a member of a
gg:rd to give “‘a straight
SUMMERVILLE, CHATTOOGA COUNTY, GEORGIA — THURSDAY, FEBRUARY 20, 1992
of hose from fire hydrants in
“the' immediate vicinity.
Fire was pouring through
the roof on the firemen's ars
rival at the scene, reports
indicated.
Inv. Jerry Davenfiort of the
Chattooga County Sheriff’s Of
fice and Summerville fireman
Eddie Henderson said the
flames seem to have been con
centrated in the kitchen area of
the restaurant, which previous
ly operated under another
owner and the name, Olympic
Flame.
Bennie Carter was listed as
current operator of the
establishment and the current
owner was listed on fire reports
as Rick Parsons, Summerville
see CITY FIRE, page 13-A
tand that just a one percentage
goint increase in the amount of
onds the state is proposing to
issue over a 20-year period can
mean an increase of about S4O
million to the taxpayers of this
state. So time is essential.”
LIBRARY
More than $1 million of the
bonds would be used for a
12,500 square foot library on
Farrar Drive in Summerville.
It would require a county
match of $350,000, which is not
in the 1992 budget, according
to Commissioner Jim Parker.
Parker said in December
answer”’ on a (Ht::cstion or issue,
he continued, because any ac
tion would depend on a majori
ty of a board acting on the
matter.
- The time that five part-time
commissioners could gevote to
their duties would likely be
“very limited,” Myers said,
esgecially if they had jobs out
side the county.
UNITED
With a sole commissioner,
the county can be united under
one leader, Surles said, while
five commissioners elected
from districts and not coun
tywide could “ot:alé thedca;xnty
')’ w m “"
ofi in fi\"l;bgi}farmt directiongg
and no action would be possi
ble unless three of the five
agreed, he continued.
Ayers said in hi'l,{ob he has
come in contact with multi
member boards and with sole
© Copyright 1992 By Espy Publishing Co., Inc. — All Rights Reserved
Court Sides With Owners
Canoeists Lose Appeal To Georgia Supreme Court
A landmark property rights
ruling has been handed down
by the Georfia Supreme Court
as the result of a Chattooga
County case.
The high court has upheld
a decision bK Judge Joseph
Loggins of Chattooga County
Superior Court. Loggins had
ruled on June 21, 1991 that a
Chattooga propertg_ owner
could keep canoeists from pad
dlin%ht.hrough his property.
e justices affirmed J udTe
Loigins' order unanimously
without issuing an opinion of
their own. According to
lawyers familiar with the case,
the affirmation without a
separate supreme court opinion
meant that Judge Loggins’ rul
ing, in effect, became the opi
nion of the state’s highest
court.
IMPLICATIONS
The outcome last Thursday
also has implications for the
state as a whole since there are
only four navigable streams in
Georgia. It appeared from the
ruling that property owners
along all streams in the state
who own the property on both
sides of a stream can keep
boaters and canoeists from us
ing the water on their proper
ty for any purpose.
The supreme court cited
rule 59 of its own procedures in
handing down its affirmation
of Loggins’ ruling without a
separate opinion.
The rule states that affirm
ing a decision without a
sefi)arate opinion is gossib_le
when one or more of three cir
cumstances exists. They
include:
(1) The evidence supports
the judgment;
(2) No harmful error of law,
propergi' raised and requiring
reversal, appears; and
(3) The judgment of the
(original) court adequately ex
plains the decision and an opi
nion would have no preceden
tial value.
that he hopes to come up with
the money if the funds were
made available to the county.
Bond money will also be us
ed for road improvements, in
cluding the wldenin§l of U.S.
Highway 27 in Chattooga,
Floyd, and Walker counties.
“Gov. Miller has stated that he
would like to see the (Yroject
speeded up,” Perry said. ‘‘The
link between north Floyd
County throulgh Chattooia
County to LaFayette is the
longest remaining section
along Highway 27 which has
not been upgraded to four-lane.
Perry added that the pro
commissioners. It is often im
possible to obtain an im
mediate decision from a board
because of a tendency toward
buck-goassing, he said. In addi
tion, boards usually wait until
their regular meetings to make
decisions on issues for which
immediate decisions are
needed.
It is also easier to “get rid
of”’ a sole commissioner every
four years than it would be to
vote out all five members of a
board because the terms are
staggered, Surles said.
A five-member board would
require a greater bureaucracy
than does a sole commissioner,
the attorney continued. The
boug would hag;. to hi;-etha
coun use of the
way t{:‘imon legisla
tion is drawn, he :i.?fl. grles
and other members of the Good
Government Group estimated
SUIT
The Georgia Canoeing
Association ang Benny Young,
who (;fi;erates Twin Oais Canoe
Rental and Campin% along Ar
muchee Creek had filed a suit
in October, 1990 against Ralph
Henry, a property owner along
the creek.
Tudor, Miss Wells STAR Winners
Rotary Sponsors Program To Honor Students With Top SAT Scores
STAR students and
teachers in both the Chattooga
County and Trion Town school
systems will compete against
other Seventh District winners
in Rome next month.
David Tudor won the Chat
tooga System’s Student
Teacher Achievement Recogni
tion (STAR) honor this year.
His STAR teacher is Joel Cook
Jr. Tudor is the son of Mr. and
Mrs. Charles Tudor.
Yvette Wells is the Trion
system’s STAR winner. Her
STAR teacher is Tom Moore.
Miss Wells is the dalé‘g,hter of
Mr. and Mrs. Larry Wells.
LUNCHEON
They were honored Monday
during the luncheon meeting of
the Summerville-Trion Rotary
Club, sponsor of the annual
event. They will compete
against other system winners
at the district competition on
Thursday, March 19, at Floyd
College, Rome.
Rotarian Will Hair presided
over the awards program.
To be named a STAR win
ner, a senior must post
academic grades in the top 10
Eercent of his or her class and
ave the highest Scholastic
Aptitude Test (SAT) score in
the system.
David Tudor said he re-
ject should advance con
siderably faster after the bonds
are issued.
The General Assembly has
adopted new reapportionment
Elans to replace those rejected
y the U.S. Justice Depart
ment last month. The old plans
were approved by the
legislature last August.
The new House of Repre
sentatives plan corrects errors
in eight of 180 districts, to in
crease minority voting
strength.
“I believe we now have an
excellent state-wide plan,” said
.see NEW LIBRARY, page 12-A
that it would cost between
$40,000 and $50,000 to hire a
county manager. The sole com
missioner now makes $42,000,
Evans said.
MORE HELP
In addition, Evans and
Surles said, a board would have
to hire additional secretarial
2:3 for the county to handle
board member’s concerns.
A county manager would also
expect a car, secretarr and ex-
Eense account, Surles said.
ach commissioner would also
have his own exfiense account
under the law, he noted. The
chairman would have a $2,000
expense account, and other
commissioners would have ac
counts of $1,200 each. The
board may also approve addi
tional expenses for its
members.
Ayers said that commis-
A few weeks after a lengthy
hearing before Judge Loggins,
the jurist on June 21, 1991
issued an order for the
canoeists and Young to stay
off the property of Henr
where the creek ffows throug{n
his land.
They appealed the judge’s
mained uncertain as to which
college he will attend this fall.
He is still considering three col
leges. He plans to major in
T’s 3 N
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§ - Staff Photos
ROTARIANS NAME THS STAR STUDENT, TEACHER DURING MONDAY PROGRAM
Mr., Mrs. Larry Wells, Tom Moore, Yvette Wells, Will Hair
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CHS STAR STUDENT, TEACHER NAMED DURING ROTARY PROGRAM MONDAY
Mr., Mrs. Charles Tudor, Joel Cook Jr., David Tudor, Will Hair
sioners need to attend trainin, 5
seminars and information
programs to stay current on
changes in law, environmental
regufitions and other matters
important to counties. It
doesn’t cost as much to send a
sole commissioner to such
events as it would to send five
commissioners, a city manager
and perhaps their spouses, he
said.
Ayers said he doubted that
a five-member ‘board could
work more efficientl?' than a
sole commissoner. If a board
works so well, he asked
rhetorically, then m don't
businesses such as banks allow
boards to run the day-to-day
operations, rather than a presi
dent or chairman?
Another problem with a
five-member gond elected by
districts, Myers said, is that
they would be trading votes
ruling to the high court late
last year.
The canoeists and Young
had asked Loggins to let them
float or paddle along Armuchee
Creek in Chattooga County
without interference from
Henry.
Henry, who farms the area,
chemistrK or biology or both
because he plans to become a
medical doctor.
The student had high praise
back and forth with other com
missioners for specific projects
in each other’s districts. That
would lead to an attitude of
looking out for specific
districts rather than what is
Eood for the county as a whole,
e indicated.
NO BENEFITS?
If a five-member board has
three strong members, then the
other two members — and their
districts — won't receive any
benefits from the county,
Ayers charged.
From his travels, Ayers
added, he has found that peo
ple who live under multi
member boards don't like that
setup. Neighborinfi Floyd
County is one example Ayers
gave,
“Why should we expect
them to fict along in Chatm
County if they can't get
STILL
ONLY
2 50
then filed a counter-suit
against the canoeing associa
tion and Young, asking the
judge to make them stay off his
property.
NOT NAVIGABLE
‘“Armuchee Creek is not
see COURT SIDES, page 12-A
for Cook, an eighth irade
teacher at Lyerly School,
because he was always ready to
see TUDOR, WELLS, page 12-A
in counties with a larger tax
base?”’ he asked.
If the county were to th for
a five-member zoard on March
3 and later decided that it
greferred a sole commissioner,
urles said, it may be difficult
legally to return to the sole
commissioner form.
Another problem with the
county manager form of
government as envisioned by
the bill, Surles interjected, is
that the manager is not respon
sible to citizens of the entire
county, but only to the board,
whose members are responsible
only to divided segments of the
county, not the entire county.
HISTORY
of county governmen
in Chattooga dating back to
creation of the county in 1838,
see SOLE ooumssxom’.&n“