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Sports: IB Youthful Leopards complete season Community: 2A Maysville library gets donation February 13,2008 The Banks County News 504^ Homer, Banks County, Georgia 30547 • A Publication of MainStreet Newspapers, Inc. • mainstreetnews.com • 24 Pages, 3 Sections Plus Supplements • Vol. 39 No. 27 Madison plea hearing set for March 4 A plea hearing has been set for March 4 in Banks County in the case of former District Attorney Tim Madison, who was indicted in August on theft and two others, his wife Linn Jones and former ADA Anthony Brett Williams, were charged on allegations of diverting public funds while the three worked in the Piedmont Judicial Circuit DA’s office. All three plead not guilty to the charges in December, but March’s hearing could see a change in those pleas. A pretrial conference was scheduled late last week between state prosecutors and the defendants. DeKalb County Judge Robert Mallis is hearing the case. All three judges in the Piedmont Circuit recu sed themselves from the case. Madison resigned last June as district attorney following a series of investigative newspaper articles published in The Jackson Herald. Georgia Attorney General Thurbert Baker subsequently launched an investigation into the DA’s office. That probe led to the theft indictments in Banks County last August. Driver killed in Banks after brief chase An investigation by the Georgia State Patrol continues after a man was killed when a Banks County Sheriff’s Office deputy briefly pur sued him last week. Sheriff Charles Chapman said the chase lasted less than 30 seconds in which Tommy L. Flynn, 28, lost control of his Mitsubishi 300GT as he tried to maneuver a curve on Hwy. 326. The accident occurred at approxi mately 11 p.m. last Wednesday after a BCSO deputy noticed Flynn passing another vehicle in a no pass zone. The deputy turned on his continued on page 3A charges. Madison MADISON Jamieson votes 'NO' on state water plan The Georgia General Assembly has approved a statewide water plan that represents a danger to Banks County and other rural Georgia communities, according to Representative Jeanette Jamieson. Jamieson, who represents Stephens County, Banks County, and part of Franklin County, said the approval of the Comprehensive Statewide Water Management Plan by both houses of the Georgia legislature on Friday, January 18, is something that will haunt every city, county and community in Georgia except for the metro Atlanta area. “In Governor Sonny Perdue’s address to a joint session of the General Assembly on Wednesday, January 16, he pledged that other states will not get Georgia’s waters, but endorsed a plan that gives control of water within our state to one indi vidual - the director of the Environmental Protection Division, appointed by the governor. Under this plan, the regional groups appoint ed by the governor, lieutenant governor, and the speaker of the house can make recommendations, which may or may not be accepted by the EPD director. Thus, the regional groups are advisory only,” Jamieson said before the plan was adopted. Representative Jamieson went even further in her assessment of the water management plan, saying her major concern is that “Atlanta does not fall under the requirements of this plan. However, this major area will continue to require more and more of Georgia’s water. To require all of Georgia to adhere to this plan, but give our largest consumer area a free ride is a plan I cannot support or vote for. My con stituents, especially in Banks County, have spent millions of dollars in devel oping water plans and building a good water infrastructure. I oppose any other community that hasn’t done the same to prepare a similar infrastructure, yet wants to take from these communities that have created strong infrastructure,” she said, alluding to the Atlanta metro area. “I don’t know the reason any of the other representatives or senators had in voting for this dangerously flawed plan, but they obviously have not read the plan. I have read the plan twice. As I said, it doesn’t include any of the metro area, and if that area picks up Banks or Habersham County, for instance, the Atlanta metro area will have its foot in the Savannah River Basin of which Banks County is a part.” Jamieson said. “This is the most important vote any member of the General Assembly could make in their entire career, but those who voted in favor of the plan said they voted yes because the plan’s backers pledged to come back to it later with legislation to address their con cerns. I have been told that many times in the 24 sessions that I have been here, and I’ve never seen pie in the sky yet, and I cannot support the bill.” Jamieson said proponents of the plan used scare tactics to convince those who were reluctant to vote in favor of it to push it through, namely that time was running out for the plan’s approval or else the old water management plan no one likes would automatically take effect. “This is only the fifth day of the session,” Jamieson said on Friday, January 18, shortly after the plan was approved, “We have another month to work on this plan and get it approved before the deadline to do so has passed. Don’t let anyone say we were running out of time. That is simply not the case.” Jamieson said. “I will never support a plan that takes water from my district, thus denying our area the ability to develop jobs and meet the needs of our com munity,” Representative Jamieson said. JAMIESON BASKETBALL CONCLUDES Banks County High School's Lindsey McDuffie goes for a basket against Dawson County High School last Friday night. McDuffie, a freshman for the Lady Leopards, helped BCHS record the subregion win in the final regular season game of the 2007-08 season. McDuffie will be one of several returning players for coach Jerry King next season. See a BCHS basketball update on page 1B of today's edition. Photo by Lyn Sengupta Tim Harper to seek re-election Banks County Clerk of Superior Court, Tim Harper, announced this week that he will seek re-election. Harper is in his fourth term as clerk, tak ing office January 1, 1993. He is a member of Riverside Baptist Church, Hollingsworth Masonic Lodge #355, and a member of Winder Chapter & Council of the Royal Arch Masons. He is a member of the Banks County Sunday School Celebration Committee, the Banks County Holiday Festival Committee, and the “Voice of the Leopards” at all Banks County High School home football games. Harper is a member of the Georgia Superior Court Clerk’s Association, the 10th District Clerk’s Association, and the County Officer’s Association of Georgia. “It has been a honor and pleasure to serve the people of Banks County for the past 15 years and if re-elected, I will continue to run the office in a professional manner to the best of my ability,” he said. “Your vote and support in the upcoming elections will be appreciated.” Harper and his wife, Judy, reside in Homer. HARPER — Baldwin — Baldwin tire dealership gets approval BY SHARON HOGAN A rezoning request approved by the Baldwin City Council Monday night will allow a tire dealership to locate in the town. The council approved a rezoning request from Jerry Tanksley for 8.34 acres located at 395 Hwy. 441 Bypass. The property is cur rently a vacant lot and is zoned multi-fam ily R-3. The council approved Tanksley’s request to zone the property light industrial to place a 25,000 square foot warehouse on the site. The warehouse will be used for a tire distribution business. Wade Rhoades represented Tanksley at the council meeting. Rhoades presented the council with a copy of the site plans. No one spoke in opposition to the request. The second reading of the rezoning request was approved by a unanimous vote of the council. SPECIAL USE PERMIT In other business, the council approved a special use permit to allow a manufac tured home to be placed on 1.10 acres at 456 Willingham Avenue. James and Kristy Woltz asked to place a new manufactured home on the property. Council member Jeff Murray voted in opposition to the request. Woltz told the council during the hearing that the property has been in her family all her life. Currently, there is an old vacant house and some outbuildings on the prop erty. All of these structures will be removed, Woltz said. Several Baldwin residents spoke to the continued on page 3A News - 2-3A •Jamieson introduces tax plan — page 3A Op/Ed • ‘Remembering a can didate of the people’ — page 4A • ‘The birds are back’ — page 4A Other news •Social News — pages 8-10A •School News — pages 7-8B •Public Safety — page 6A • Legals — page 4B •Church — page 5B • Obituaries — page 6B — Lula — Lula working out deal with citizen BY CHRIS BRIDGES City of Lula officials are still trying to iron out a deal with citizen Chad Warner for services he paid a private contractor to relocate a water line on his property into the public right-of- way. During a January meeting, the city council offered Warner $3,000 as reim bursement but Warner said that was not acceptable as he had requested $4,700. During a work session Monday night, city manager Dennis Bergin told coun cil members Warner was willing to accept $4,000 but no less. Council members had countered with a $3,500 offer since it paid for the installation of a water meter. The issue arose when Warner extended his driveway and discovered a city water line on his property. The issue has been ongoing for several months and Bergin said he hopes the issue could be resolved soon. The city manager told council mem bers he would continue to talk with Warner about the issue and let council members know an update at Monday’s regular meeting for February. In other items at Monday’s work ses sion, the council: •heard a report from Bergin on the demolition process of the old water tank. •was reminded of a public hearing for Highland Lakes rezoning Monday at 5:30 p.m. at city hall. •was told a new corrected city map was being finalized. •was given a state legislative update by Bergin who said many of the items would not directly impact the city. Holcomb sworn in to Baldwin council BY SHARON HOGAN Baldwin Mayor Mark Reed swore in Baldwin City Council Post 1 incum bent Beverly Holcomb for another term of office at Monday’s council meeting. Holcomb was not sworn in at the January council meeting because a lawsuit was filed contesting the results of the November city election. Holcomb beat out Theron Ayers, post 1 challenger, in the November city election by three votes. The total count was 99 to 96. Ayers requested a re-count of the ballots and also filed a suit against the city and Baldwin election superinten dent Brandy Kyle. Judge Hugh Stone at the Habersham County courthouse heard the suit last week. Stone ruled in favor of the city in the suit. HOLCOMB SWORN IN Baldwin Mayor Mark Reed (L) is shown swearing in Post 1 coun cil member Beverly Holcomb (R) at Monday's meeting. Holcomb defeated challenger Theron Ayers for this post in the November city election by three votes. Photo by Sharon Hogan