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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"
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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