Judge Fuller Could Rule This Week on City’s Motion to Dismiss Mayor James Grogan’s Appeal
News August 13, 2017
City Attorney Dana Miles
DAWSONVILLE, Ga. – Enotah Judicial Circuit Superior Court Judge C. Andrew Fuller could rule as early as this week on a motion to dismiss an appeal by Mayor James Grogan of his impeachment by the Dawsonville City Council.
City council has accused Grogan of violations of the city charter and, on May 15 by a vote of 3-1 with Councilman Mike Sosebee opposed, removed him from office.
Steven Leibel
Grogan and his attorney Steven Leibel immediately filed an appeal de novo in Superior Court and the mayor was reinstated while the appeal process played out.
City Attorney Dana Miles then filed a motion to dismiss, arguing that the appeal for a new trial de novo is not the correct method and that the only method for review is by certiorari.
Leibel countered that Miles is wrong and that the legislature gave his client the right to determine if he wants to go by cert or de novo.
If the appeal is not dismissed, Miles wants Grogan removed from office and his salary of approximately $3,600 per month and benefits returned to the city.
Fetch Your News has reported the decision to impeach the mayor has already cost taxpayers approximately $73,000.
Grogan is accused of lowering rezoning fees for applicants without prior approval of city council, allowing a business to pay a lower rate for water/sewer service without prior approval of city council and approval of payments to non-profit groups, something that has been a common practice of the city for many years.
Grogan has maintained his innocence and said he has done nothing wrong.
Councilwoman Angie Smith is Determined to Preserve the Heritage of the City of Dawsonville
News July 28, 2017
Councilwoman Angie Smith
DAWSONVILLE, Ga. – A lifelong resident of Dawson County where her family has lived for four generations, Dawsonville City Councilwoman Angie Smith welcomes the growth that is headed up the 400 corridor. But she is determined to preserve the town’s historic homes and its heritage.
Smith, who is in her first full term on city council, will run for reelection in November.
“If there is a topic near and dear to me, it is the history of this town, revitalization and saving the historic homes we still have left,” Smith said Thursday.
Smith graduated from Dawson County High School then earned a Bachelor of Arts Degree in music education from then North Georgia College and State University. After graduation, she accepted a position at Blacks Mill Elementary where she taught music and coached the girls’ basketball team.
There are some ongoing projects – like the new city park — she would like to see continued in a second term.
“The new park can be a great addition, not just to the city but the whole community,” she said.
“I’ve said before if we can complete the downtown revitalization, it will be the single most positive change in my lifetime inside the city limits.”
Another important project Smith wants to see through is the streetscape.
“The sidewalk project that started under the late Mayor Cox has continued under this mayor and city council and it is fabulous. It does a lot to connect the people with the businesses. We still have a long way to go but we have made good progress.”
Smith is married to Scott Smith. The couple has two children, Ethan, age 13, an 8th grader at Dawson County Junior High, and Addison, 9, a 4th grader at Robinson Elementary School.
In addition to her duties on city council, Smith is a part-time employee of her family’s real estate management company and is also the Minister of Music at her church.
City Council Won’t Decide on AMP until June
Business May 17, 2017
DAWSONVILLE, Ga. – A standing-room-only audience packed Dawsonville City Hall Monday in hopes that — after six months — city council could finally make a decision on the sound, lighting and operating hours variances requested by Atlanta Motorsports Park (AMP). But, after a one-hour public hearing, supporters and opponents left disappointed as council members chose to punt. A decision is not likely until June 5.
Some progress was made, however. Owner Jeremy Porter made several significant concessions to area residents who oppose the variances and the city did conduct a sound study.
Sound engineer Tom Trask presented his findings prior to the start of the public hearing. He said the study showed the track did not exceed the city’s imposed 69 dBa (the terminology refers to a weighted decibel limit on average for a-16 hour period). But it was unclear why the four sound monitors were not placed at the track, but instead were placed at four area residences.
Attorney George Butler argued on behalf of AMP owner Jeremy Porter.
Both sides were given 30 minutes to present their case. George Butler, a highly-animated Dahlonega attorney, took the full 30 minutes to argue on behalf of the owner.
Butler began by withdrawing AMP’s request for unlimited noise on 15 days each year. Now, the track is asking for unlimited noise only on the 4th of July.
Butler pointed out that the county’s Planning Commission had recommended a 98 dBa public address system limit at trackside but the owner is only asking for 80 dBa at 50 feet from the edge of the track.
AMP’s current operating hours are from 7 a.m. until 6 p.m. Nov. 1 through March 31 and 7 a.m. until 8 p.m. (or one hour after sunset) from April 1 through Oct. 31. Porter would like to have the hours extended between March 15 and Nov. 15 to 9:30 p.m. on Mondays, Wednesdays and Thursdays and 10 p.m. on Tuesdays, Fridays and Sundays.
Retained in the proposal unveiled Monday was the request to build condos or micro-cabins on the property.
Several area residents spoke in opposition to the variations, most complaining about the noise and potential loss of property value. One man said regardless of the sound study, the noise is disruptive from as far away as a mile.
Fetch Your News is a hyper local news outlet that covers Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C.If you would like to follow up-to-date local events in any of those counties, please visit us at www.fetchyournews.com
City Council Adopts Social Media Policy
News June 8, 2017
DAWSONVILLE, Ga. – The Dawsonville City Council has adopted a highly restrictive social media policy that applies to all city employees “without regard to whether their social media activity is conducted in or outside the workplace, while on or off-duty.”
Interestingly enough, the policy defines employees not only as those employed by the city but also as public officials elected by the city and any Authority or Commission member appointed by those in public office.
The policy specifies that “employees engaging in social media activity in violation of the policy will be held accountable, and corrective and/or disciplinary action up to and including termination of employment may be taken in accordance with the City’s disciplinary policies.”
Prohibited activity includes, but is not limited to, endorsing violence or illegal activity, promoting or endorsing the abuse of alcohol or drugs and engaging in conduct unbecoming an employee of the City or bringing discredit to the City.
In general, the term “social activity” refers to MySpace, Facebook, Twitter, LinkedIn, Google, YouTube, Tumblr and Blogger.
It discourages employees from identifying themselves as city employees and encourages whistle blowing by employees by stating “all employees have an ongoing duty to report any violations of this policy by any other employee.”
The policy also states, “Nothing in this policy is intended or will be applied in a manner that violates an employee’s constitutional rights, including rights to freedom of speech and association, or Federal or State rights to engage in statutorily protected activity.”
Fetch Your News is a hyper local news outlet that covers Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. If you would like to follow up-to-date local events in any of those counties, please visit us at www.fetchyournews.com
Ethics Hearing Raises Dark Cloud Over Request by Atlanta Motorsports Park to Relax Restrictions
News June 1, 2017
Former DDA member Seanie Zappendorf resigns following an ethics complaint.
DAWSONVILLE, Ga. – On Monday, the same Dawsonville City Council that once appointed Seanie Zappendorf to the Downtown Development Authority will appoint a commission to hear an ethics complaint against her.
Zappendorf is accused of misrepresenting herself as a city employee while lobbying on behalf of Atlanta Motorsports Park (AMP), a company in which she and her husband have a business interest.
DDA Chairman Jeremy Porter
Seanie and Ron Zappendorf own Discovery Parts, a racing parts store located inside AMP. The facility is seeking to have city council relax sound, lighting and hours of operation restrictions at the facility. Track owner Jeremy Porter is chairman of the DDA on which Zappendorf served until her resignation May 8.
Her resignation follows a letter of complaint sent from Carlita Parks to City Manager Bob Bolz on April 27 in which Mrs. Parks says Zappendorf told her she works for the City. Members of the DDA are not city employees.
Parks wrote: “My husband and I were working in our yard on 4/15/2017 when Mrs. Seanie Zappendorf approached me in her vehicle. Mrs. Zappendorf inquired about my opinions on AMP and asked if I had any complaints about the noise. During the discussion, I voiced my concern about the highly noticeable noises that frequently occurred because of the AMP. Mrs. Zappendorf gave me her “City of Dawsonville” business card and asked me to contact her if we had any further complaints about the noise. She did say that she works for the city but didn’t state working for the city council (although Mrs. Zappendorf is an investor at AMP).”
Parks said she did as requested and called Zappendorf on April 18 to complain about the public address system and was told, “If the few people who are against AMP speak up about their opposition, the people who support AMP will become afraid their homes will be vandalized.”
In her complaint, Parks added, “I am a registered nurse who has been devoted to caring for others for years, and for it to be heavily insinuated that I would be one of the few who would go around vandalizing other’s homes is unacceptable. Mrs. Zappendorf’s statements were spoken in a way that implied a warning to me.”
Following the appointment of an ethics commission, council will appoint someone to replace Zappendorf on the DDA, then hold a second public hearing on the relaxation of stipulations requested by Porter and AMP.
The complaint raises questions about Porter as chairman of the DDA and what he knew about Zappendorf’s alleged lobbying on behalf of his race track and whether or not he should resign as well.
Fetch Your News is a hyper local news outlet that covers Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. If you would like to follow up-to-date local events in any of those counties, please visit us at www.fetchyournews.com
Dawsonville City Council Reviews Proposed FY 2017-18 Budget
News May 24, 2017
City Clerk Bonnie Warne
DAWSONVILLE, Ga. – City Clerk Bonnie Warren gave Dawsonville City Council members a preliminary look at the proposed $5,028,765.79 FY 2017-18 budget at Monday’s work session.
The new spending plan reflects approximately $503,000 increase over the current budget which ends June 30. Public hearings are scheduled for June 5 and 19. Council will adopt the approved budget by resolution during the June 19th council meeting.
The General Fund budget is projected to be $1,651,707. Other major sources of revenue are projected to be $1,445,797.72 (water and sewer enterprise fund), $1,151,200 (SPLOST VI) and $415,000 (sewer and water taps).
Council also discussed the ongoing problem of residents in Gold Creek, a planned unit development (PUD), wanting to be annexed into the city. Many live on a small island in the county that is located inside the city. Attorney Dana Miles was instructed to research island issues faced by other cities and create a draft for the next meeting.
The city’s new Planning & Zoning Director Casey Majewski asked for council’s direction relative to a Peddler’s License.
Following an executive session, City Manager Bob Bolz released a prepared statement explaining the return of Mayor James Grogan. It read:
“May 15, 2017, James Grogan was removed as Mayor by a 3-1 vote of the Dawsonville City Council. After Mr. Grogan received confirmation of that decision in writing from the City of Dawsonville, Mr. Grogan’s counsel filed a “Notice of Appeal”.
Based upon the code relied upon by James Grogan in his Notice of Appeal cover letter, Mr. Grogan will continue to act as Mayor of Dawsonville during this portion of the appellate proceedings, until a decision as to his continued service can be obtained from the Dawson County Superior Court. It is hoped this will limit the number of issues on appeal, so that a timely and efficient resolution of this dispute can be achieved for the City of Dawsonville and its citizens.”
Fetch Your News is a hyper local news outlet that covers Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. If you would like to follow up-to-date local events in any of those counties, please visit us at www.fetchyournews.com
Tolson Brings Strong Credentials to City Council Race
News, Politics August 26, 2017
Stephen Tolson, Candidate for Dawsonville City Council.
DAWSONVILLE, Ga. – Stephen Tolson has qualified to campaign for a seat on the Dawsonville City Council and the 40-year-old father of three has all the right qualifications to become a formidable opponent.
He has a Masters Degree in Healthcare Administration and a professional work experience as manager of a Cumming medical group. He also has a 20-year proven record as a dedicated public servant. He is a retired Sergeant First Class in the U.S. Army.
Tolson said he has attended many city council meetings and feels he knows the issues facing a city on the verge of explosive growth.
“I’ve lived here since 2008 and the city has been in a bit of turmoil the last few years,” Tolson said. “I have traveled around the world in the army and I feel like I can bring some insight to the city council. I believe city government needs someone new who has been around and can offer a new perspective.”
Tolson recognizes that managing growth is the key issue he will face if he is elected. But he said there is another issue, less talked about perhaps, but vitally important to the community — the growing epidemic of illicit drugs.
He said it is a problem that is growing locally as well as nationally and is devastating to communities.
Having a bachelor’s degree in psychology Tolson said he has seen how destructive drug addiction can be. “It breaks my heart to see what it does to families,” Tolson said. He added that he would like to see some sort of program the city could associate itself with to help combat the epidemic.
Tolson and his wife Sandra have two sons, Tristan, 3, and Stephen Jr., 5, and a daughter, Alejandra, 14.
Fetch Your News is a hyper local news outlet that covers Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. If you would like to follow up-to-date local events in any of those counties, please visit us at FetchYourNews.com
Cost to Impeach Mayor Grogan Skyrockets Taxpayers Now on the Hook for $73,000
News August 9, 2017
Mayor James Grogan
DAWSONVILLE, Ga. – Just three months into the process, the cost to taxpayers for Dawsonville City Council’s effort to impeach Mayor James Grogan is skyrocketing. According to city documents obtained by Fetch Your News, the cost has already topped $73,000.
According to those documents, City Attorney Dana Miles’ law firm of Miles, Hansford and Tallant has billed the city a total of $31,296.63 so far.
The law firm of Hulsey, Oliver and Mahar has billed a total of $10,929.12 for Ab Hayes to serve as the independent third party to investigate the actions of the mayor and prepare a report based upon the investigation of the mayor.
The law firm of Ragsdale, Beals, Seigler, Patterson and Gray billed $1,420 for fees to the City Court Judge for handling matters prior to and in conjunction with the hearing for removal of the mayor and the recently hired law firm of Webb and Powell has thus far billed $3,674.
Grogan has said all along that he did nothing wrong and has filed an appeal. As an elected official, he is entitled to legal representation at city expense. Attorney Steven Leibel represents the mayor and thus far, he has billed the city approximately $26,000, which brings the cost to Dawsonville taxpayers to just over $73,000.
“The mayor said at the last meeting this would be very expensive for taxpayers and he suggested finding a resolution short of impeachment,” Leibel said. “Unfortunately the taxpayers now have to shoulder the legal expenses because they didn’t resolve this unconscionable impeachment effort.”
City Council has accused Grogan of violations of city code and policies including lowering rezoning fees for at least three applicants without prior approval of city council, allowing a business to pay a lower rate for water/sewer service without prior approval of city council, and approval of payments to non-profit groups, something that has been a common practice of the city for many years.
Fetch Your News is a hyper local news outlet that covers Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. If you would like to follow up-to-date local events in any of those counties, please visit us at FetchYourNews.com
Dawsonville City Council Meets Monday
News April 30, 2017
DAWSONVILLE, Ga. – Several public hearings are on the agenda when the Dawsonville City Council holds its next regular meeting Monday at 5 p.m. in the G.L. Gilleland Council Chambers.
Len Reeves has Len Reeves has requested Council amend or modify existing zoning stipulations for ZA-2017-C7-00120, located at 280 Maple Street South which is currently zoned R6 (Residential Multi-Family) with stipulations. A first reading was held by the Dawsonville Planning Commission on April 10. The second reading was held by City Council on May 1.
Reeves has also asked Council to amend or modify zoning condition stipulations for ZA-2017-C7-00121. Current zoning is R6 (Residential Multi-Family) with stipulations. The first reading by the Planning Commission was held on April 10.The second reading was by City Council on May 1.
Council will also hold public hearings on an amendment to the Annexation Ordinance for the purpose of setting an application fee and changing the fees for re-zonings. A first-reading is scheduled on an amendment to the Alcohol Ordinance and a one-time reading is planned on an alcohol license for a discount package store.
Under Old Business, Council is expected to vote on filling a vacancy on the Planning Commission, an agreement with the Chamber of Commerce and a rollback millage rate for the FY 2017-’18 budget.
Under New Business, Council will review requests for customer write-offs from the Water Department and a budget amendment from the Enterprise Fund for repairs to well 110 and aerators.
Requests for Zoning Modifications on the Agenda When City Council Meets Monday
News July 8, 2017
DAWSONVILLE, Ga. –- When the Dawsonville City Council meets Monday at 6 p.m., there will be a public hearing and second reading of an ordinance that, if adopted, would set the application fee for annexations and change the fees for zonings.
Council is also expected to vote on two requests by Len Reeves for modification of existing zoning conditions on property he owns at 280 Maple Street South which. The property is currently zoned Residential Multi-Family (R-6) with stipulations.
Council will also decide on a replacement for Seanie Zappendorf on the Downtown Development Authority.
In other business, council will vote on acceptance of the Comprehensive Annual Financial Report (CAFR) and establishing a job description and appointment of a Deputy City Clerk.
Council will also decide on hiring attorney Tony Powell with the firm of Webb, Tanner and Powell to represent the city council as respondent in Certiorari in the case of Grogan v. City of Dawsonville.
Fetch Your News is a hyper local news outlet that covers Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. If you would like to follow up-to-date local events in any of those counties, please visit us at FetchYourNews.com
Mayor Grogan Calls Removal “A Witch Hunt” Councilwoman Smith Says It was Justified
News May 23, 2017
Mayor James Grogan
DAWSONVILLE, Ga. – On May 22, Dawsonville City Council members Jason Power, Angie Smith and Caleb Phillips voted to remove Mayor James Grogan from office for alleged violations of the city charter, basing their decision on an investigation by attorney Abbott Hayes, who charged the city in excess of $6,000 for his work.
The mayor called the investigation a “witch hunt” and supporters labeled it a “political lynching.”
The allegations, as outlined in Hayes’ report, include:
Violation of the city charter by reducing the fee for several rezoning applications without council approval, changing an application for water and sewer from a business rate to a slightly less expensive residential rate without council approval; approving charitable donations to non-profit organizations; charging alcohol to his city-issued credit card and instructing an employee to use the city credit card to purchase alcohol.
Sources close to the city council and the mayor told Fetch Your News that even if the allegations are true, they “do not rise to the level of removal from office.”
During the May 22nd meeting, Mayor Grogan’s attorney Steven Leibel questioned Hayes and elicited the following information:
- No one other than the mayor was investigated;
- The application for water and sewer that was re-classified from business to residential was for a building that is less than 400 square feet that was never used for business, but only for storage of material;
- Donations to non-profit organizations was a practice carried forward from the Joe Lane Cox administration and when the city attorney pointed out it is not allowed under the Georgia Constitution, the practice stopped;
- The alcohol purchased was not for personal consumption. It was the same “moonshine” produced by the Dawsonville Moonshine Distillery, which is located in the city hall complex. It was purchased as a door prize intended to promote the City of Dawsonville.
The timing of the mayor’s removal raised suspicion among Grogan’s supporters who wondered if council had another motivation. Some of those have asked why council waited so long to investigate? After all, some of the allegations date all the way back to 2013 and were made highly public in 2015.
Fetch Your News wanted to know if the council’s actions were politically motivated so we contacted each of the three who voted to remove the mayor.
Councilwoman Angie Smith
Smith responded to our questions in an email. Phillips said only that he agreed with everything Smith said and Power did not respond at all.
Smith wrote, “We were acting in accordance with the authority given by our charter and it is clear to us that seeking justice is absolutely not a political lynching.”
She added, “Along with the annexations and in light of the difference in fees that were charged for other annexations, and not knowing how it came about, (Caleb Phillips) made a motion for the City Manager to hire Abbott Hayes to investigate who authorized the reduced fees and if there were any other misuse of fees in the city or misuse of city funds…Angie Smith seconded and the vote carried unanimously in favor. As you can see, our motion for an investigation never mentioned Mayor Grogan specifically.”
Asked if three city council members have the authority to override the vote of hundreds of citizens who elected the mayor, Smith said, “While the citizens of the City of Dawsonville did, in fact, elect Mr. Grogan to be Mayor, they did not elect him to violate our city charter and city ordinances. We, as city council members were also elected by the citizens of this city to uphold our charter and ordinances, as well as laws of our county, state, and nation.”
Leibel appealed the council’s action Wednesday in Superior Court of Dawson County and Mayor Grogan was returned to his position pending the outcome of that appeal.
Fetch Your News is a hyper local news outlet that covers Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. If you would like to follow up-to-date local events in any of those counties, please visit us at www.fetchyournews.com
City of Dawsonville Votes to Remove Mayor Grogan
News May 15, 2017Mayor James Grogan
DAWSONVILLE, Ga. – The Dawsonville City Council voted 3-1 today, with Councilman Mike Sosebee opposed, to remove Mayor James Grogan from office for violations of the City Charter. Attorney Steve Leibel said his client would appeal the decision and until the appeals process has run its course, Grogan remains the city’s mayor.
“This was not a fair hearing,” Leibel said after the vote was taken. “(Council) violated the Constitution in finding against the Mayor. They did not give him due process and they didn’t give him a full opportunity to present witnesses. Unfortunately this is going to be very expensive for the City of Dawsonville. They are going to have to pay a lot of people a lot of money to fight this thing and it will be fought.”
Fetch Your News will have more details as they become available.
City proposes massive pay cut for next mayor
News December 6, 2017
Former Mayor James Grogan
DAWSONVILLE, Ga. – After Dawsonville’s City Council held the first public hearing on slashing the mayor’s pay by 70 percent from $2,000 to $600 a month Monday, former mayor James Grogan accused council members of trying to keep him from running in the March 20 special election.
“It’s a punitive action to keep me from running,” Grogan said Tuesday. “It all revolves around their ongoing effort to discredit me and keep me from wanting to run. I’m disappointed in what is going on with council.”
City council impeached Grogan in May, alleging that he had violated the city charter and policies. Grogan has repeatedly maintained his innocence.
He filed an appeal in Dawson County Superior Court, but Judge C. Andrew Fuller ruled the appeal had been improperly filed. At that point, Grogan chose to discontinue his appeal and announced he would campaign for his old job in the next special election.
City Mgr. Bob Bolz
“My heart is still in serving the citizens of Dawsonville, and I believe, ultimately, it is their decision and not some random judge to decide,” he said at the time. “So, instead of continuing the fight through the legal process and to prevent city council from spending any more of your tax payer funds frivolously on legal fees, I am here to take the high road and say, let’s stop this now. Let’s put this back up to the voters.”
City Manager Bob Bolz says the proposed reduction in pay is not punitive but reflected the new responsibilities of the job.
“When the late Joe Lane Cox was mayor, he also fulfilled the responsibilities of city manager,” Bolz said. “That carried forward into Mayor Grogan’s tenure.”
Now that the city has a full-time city manager, Bolz said, the responsibilities have changed and council felt the pay should change as well.
A second public hearing on the issue is set for Dec. 18.
Fetch Your News is a hyper local news outlet that covers Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. If you would like to follow up-to-date local events in any of those counties, please visit us at FetchYourNews.com
Scathing Report Alleges Mayor Violated City Charter
News May 2, 2017DAWSONVILLE, Ga. – The Dawsonville City Council voted unanimously Monday to begin a process that could lead to the removal of Mayor James Grogan from office following a report that alleges he repeatedly violated the City Code and Charter.
A public hearing has been set for May 15 that could determine the mayor’s fate.
City Manager Bob Bolz said council members requested a city-wide investigation last month to see if anything needed to be “changed, stopped or done” to ensure city officials were in compliance with the charter. The investigation was performed by Gainesville City Attorney Abbott Hayes who reported his findings at Monday’s regular meeting.
Hayes alleged Grogan had been paid for meetings not authorized by City Council, charged alcohol and gasoline to his city-issued credit card, allowed a state representative to pay the lower residential rate for water, sewer and garbage for a business instead of the appropriate commercial rate and that he authorized lower fees for rezoning applications than those set by Council.
In responding to the charges, Grogan said, “I’ve never been so shocked in all my life. I’m disappointed in Council and what they have laid out. A lot of things they have pointed out go back five years and we’ve made a lot of policy changes since then. I didn’t do anything wrong. This is the result of a witch hunt that has been conducted by two city council members against me for the last year and a half.”
Grogan added that he has no intention of resigning. “I’m going to continue to do the job the people elected me to do.”
Hayes report alleges that in 2015, when State Rep. Kevin Tanner complained about paying the higher commercial rate for city water, sewer and garbage on behalf of Tanco Investments, LLC, Grogan unilaterally allowed him to pay the lower residential rate instead.
Between 2013 and 2015, Hayes said, Grogan approved donations to nonprofit organizations, including golf tournaments in which he participated as a player. When the City Attorney pointed out that donations to nonprofit organizations by the City violates the gratuities clause of the Georgia State Constitution the payments stopped.
The City Charter provides for the mayor to be paid a monthly compensation of $2,000 plus $100 “for each specially called city council meeting, work session or other meeting that has been pre-approved by the council. But Hayes alleges that Grogan charged the City for meetings that were not pre-approved by Council.
Finally, Hayes alleges that in Nov. 2014, Grogan instructed city employee Sara Beachem to purchase four bottles of alcohol for him to give as a door prize at a regional government dinner. The report states that the Mayor’s unilateral decision to purchase alcohol for use as a door prize without approval of City Council violated the City Code and Charter.
Section 5.15 of the City Charter provides the mayor shall be subject to removal for any one or more of the following causes: Incompetence, misfeasance or malfeasance in office; Abandonment of office or neglect to perform the duties thereof or Failure for any other cause to perform the duties of office as required by this Charter or by law.
Council to Decide Mayor’s Fate at 3 p.m. Meeting; Controversial AMP Hearing Scheduled for 7 p.m.
News May 12, 2017DAWSONVILLE, Ga. – The City of Dawsonville will hold two important meetings Monday. At 3 p.m., the council will conduct an up or down vote on the removal of Mayor James Grogan from office for allegedly violating the City Code and Charter. At 7 p.m. there will be a public hearing on a highly controversial request by Atlanta Motorsports Park to relax lighting, noise and hours of operation restrictions.
Grogan was the subject of a city-wide investigation to decide what, if anything, should be done to ensure city officials are in compliance with the charter. The conclusion was that Mayor Grogan should be removed from office.
At last week’s meeting, Gainesville City Attorney Abbott Hayes, who led the investigation, reported that Grogan had been paid for meetings not authorized by city council, charged alcohol and gasoline to his city-issued credit card, allowed a state representative to pay the lower residential rate for water, sewer and garbage for a business instead of the appropriate commercial rate and that he authorized lower fees for rezoning applications than those set by council.
In responding to the charges, Grogan said, “I’m disappointed in council and what they have laid out. A lot of things they have pointed out go back five years and we’ve made a lot of policy changes since then. I didn’t do anything wrong. This is the result of a witch hunt that has been conducted by two city council members against me for the last year and a half.”
Hayes report alleges that in 2015, when State Rep. Kevin Tanner complained about paying the higher commercial rate for city water, sewer and garbage on behalf of Tanco Investments, LLC, Grogan unilaterally allowed him to pay the lower residential rate instead.
Between 2013 and 2015, Hayes said, Grogan approved donations to nonprofit organizations, including golf tournaments in which he participated as a player. When the City Attorney pointed out that donations to nonprofit organizations by the City violates the gratuities clause of the Georgia State Constitution the payments stopped.
The City Charter provides for the mayor to be paid a monthly compensation of $2,000 plus $100 “for each specially called city council meeting, work session or other meeting that has been pre-approved by the council. But Hayes alleges that Grogan charged the city for meetings that were not pre-approved by council.
Finally, Hayes alleges that in Nov. 2014, Grogan instructed city employee Sara Beachem to purchase four bottles of alcohol for him to give as a door prize at a regional government dinner. The report states that the Mayor’s unilateral decision to purchase alcohol for use as a door prize without approval of the city council violated the City Code and Charter.
Section 5.15 of the City Charter provides the mayor shall be subject to removal for any one or more of the following causes: Incompetence, misfeasance or malfeasance in office; Abandonment of office or neglect to perform the duties thereof or Failure for any other cause to perform the duties of office as required by this Charter or by law.
The 7 p.m. public hearing is expected to draw a standing-room-only crowd as council votes on modifications to the current provisions at Atlanta Motorsports Park that include changes to lighting, sound restrictions, hours and addition of condominiums.
A March 13 Planning Commission hearing on the issue drew a packed house, made up mostly of angry citizens who live near the track and say the noise has already destroyed the tranquility and quality of life in the area. Despite community objections, planning commission voted 2-1 (Stan Worley in opposition) to recommend the modifications.
City council tabled the issue so council members could visit AMP and experience the noise levels firsthand.
The land where AMP was built was annexed from Dawson County and county commissioners wrote a letter to city council requsting council reject the changes on behalf of the citizens who live nearby.
Fetch Your News is a hyper local news outlet that covers Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. If you would like to follow up-to-date local events in any of those counties, please visit us at www.fetchyournews.com
City Council to Decide on Request to Relax Noise and Light Restrictions at Atlanta Motorsports Park
News April 2, 2017
DAWSONVILLE, Ga. — The Dawsonville City Council will meet Monday, Apil 3 at 5 p.m. in the G.L. “Pete” Gilleland Council Chambers at City Hall, 415 Highway 53 East. Among the items council will decide is an amendment to zoning conditions that would relax noise and light restrictions on Atlanta Mororsports Park at 80 Joe Lane Cox Road.
Council will hold a public hearing to allow citizens to express their support or opposition.
The issue prompted the Dawson County Board of Commissioners to write a letter to city government expressing its opposition. Commissioners acknowledge they have no jurisdiction in the matter, but requested the city to take into consideration the opposition of county residents who live near the facility.
- Items to be voted on under New Business, include
- Appointment of a member to fill the vacancy on the Planning Commission;
- A proposed change to the alcohol ordinance
- Setting a deadline for submitting agenda items and support documents;
- Acceptance of bids for water meters;
- Acceptance of bids for water system improvements/well development;
- Renewal of the lease agreement with the house located at 224 Flat Creek Drive;
- A resolution proclaiming April 23-29 as Georgia Cities Week;
- A special event permit to serve alcohol at the Bowen Arts Center.
Council will then hear staff reports from the City Manager Bob Bolz, City Clerk Bonnie Warne and Utilities Director Gary Barr.