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Wednesday, August 31, 2005

Sky high gas



TOP: Drivers clog the pumps at the Stallion station on Redmond Circle Wednesday afternoon. (Photo: WTM) BOTTOM: Sold out pumps are covered at the BP on Shorter Avenue near FMC. (Ken Caruthers, RN-T)

Gas prices in Floyd County have climbed as high as 2.87 a gallon by 2:15 this afternoon. That was the price for regular unleaded at several Cowboy stations around town. Meanwhile, people fearing a shortage have been flooding the pumps today, causing a spike in daily sales. Some distributors are afraid that while reserves are available public panic might create a real shortage.

Meanwhile, some stations are currently out of gas. The BP station on Shorter Avenue across from the Marine Corps Reserve Armory is out of gas. Evans Store on the Alabama Highway is out of diesel and expects to be out of gas by the end of the day.


The following is a sample prices in the area for regular unleaded gas:


Rome
Kroger, 2448 Shorter Ave.: $2.82
Kmart Super Center, 102 Hicks Drive: $2.87

Cedartown
Burger King Citgo, 616 N. Main St., $2.69
Enmark Station Inc., 840 N. Main St., Cedartown: $3.01

Ringgold
Conoco, 6966 Nashville St. $2.81
BP, 6860 Battlefield Parkway, $2.99

Calhoun
Cowboys, South Wall Street, $2.89
Hi Tech Fuel, West Line Street, $2.93

Monday, August 29, 2005

Polk cheerleading coaches say school system trying to fire them

08/29/05
Marc Dadigan / Rome News-Tribune Staff Writer



Two Cedartown High School cheerleading coaches, who were placed on administrative leave as school officials investigated allegations of nude photographs of cheerleaders, say the school system is illegally trying to fire them, according to federal court records.

The Polk County School system has scheduled a hearing for 9 a.m. Sept. 8, which the two women said will likely be a termination hearing, according to an emergency motion filed Friday in U.S. District Court in Rome.

Amber Fuqua and Rhonda Lindsey, both special education teachers, claim Superintendent Darrell Sorrells expressed interest Aug. 19 in reinstating them as teachers but not as coaches, according to the lawsuit. When the women refused those terms, the hearing was scheduled, they said in the motion.

Sorrells said his attorney has advised him not to comment on the case.

The motion asks the federal court to force the school system to disclose witness statements and other evidence to the women so they can prepare for the hearing. Because the school has allegedly listed more than 65 witnesses who could testify at the hearing, the women say they need more time to prepare a defense, according to the motion.

The school system is not disclosing the records because the investigation into the explicit photographs is ongoing, the motion claims.

Fuqua and Lindsey both filed lawsuits earlier this month against Sorrells and the Polk County School Board after they said they were unfairly suspended.

Both were put on administrative leave with pay Aug. 12 after Sorrells questioned them about the existence of nude photographs that were allegedly taken of cheerleaders while on a summer retreat that took place on June 17 at Weiss Lake in Alabama, according to the lawsuit.

In the lawsuit, the women claim that Sorrells and the school system doesn’t have any evidence of the photographs’ existence.

They also accused the school district of violating their rights of due process by suspending her without a written notification and a hearing as required by Georgia law. Rome attorney Stewart Duggan is representing both women.

Girl dies after being struck by car; teen charged

08/29/05
Staff Report

A 6 year old girl Floyd County girl died early this morning after being struck by a motorist as she was riding her bike Sunday evening, Deputy Coroner Tony Cooper said. Meanwhile, an unidentified 16-year-old boy has been charged with vehicular homicde and leaving the scene of an accident, said Dallas Battle, an investigator with the Floyd County Police Department. Battle said the teen's name is being withheld because he is a juvenile. Taylor Shirey, 6, was rushed to Floyd Medical Center Sunday evening after she was struck on Turner Road by a blue Ford Ranger, police said. She died soon after midnight, Cooper said. Battle said the driver's father noticed damage to his vehicle this morning and took his son to the police station. Battle said the boy will be processed at the Regional Youth Detention Center.

Federal indictment uncovers racketeering charges in Polk, Floyd County

A federal grand jury has returned an indictment against 30 members and associates of a violent drug gang in a case code-named "Operation Reclaim," centered in Polk County. According to the U.S. Attorneys office and the indictment:

The indictment, returned today and since unsealed to allow coordinated arrests, charges the 30 defendants listed below with conspiring to possess and possessing with the intent to distribute methamphetamine, cocaine and marijuana. Twenty-seven of those defendants are also charged with being part of a racketeering conspiracy. The indictment alleges that between March 11, 2000, and the present date, the defendants conspired to distribute drugs and engage in racketeering activity under the Racketeer Influenced and Corrupt Organizations (RICO) statute.

The indictment is part of an 18-month-long investigation, named Operation Reclaim, conducted by local, state and federal law enforcement officers focusing on drug and violent crime activity centered in Cedartown, Georgia, and spreading to Rome, Georgia and northeast Alabama. Combined federal and state prosecutions resulting from Operation Reclaim already include over 40 defendants, resulting in convictions stemming from the distribution of over 1,000 pounds of methamphetamine. Today's unsealed indictment charges the following defendants:


    DANIEL VILLENAS-REYES, a/k/a "Oscar," "Daniel Martinez," and "Oscar Hernandez-Ruiz," 34, of Cedartown;

    MARCO ANTONIO CORDERO, 30, of Cedartown;

    SAMMY DUQUE, 31, of Cedartown;

    MARICELLA MARTINEZ, a/k/a "Mary Martinez," age unknown, of Cedartown;

    RICHARD GENE SHAW, a/k/a "Ricky Shaw, "44, of Cedartown;

    MIGUEL GOICHOCHEA PEREZ, a/k/a "Jesus," 22, of Cedartown;

    OSVALDO ANDRADE, 27, of Rome;

    JOSH SMITH, 24, of Silver Creek;

    SHANE ROSSER, a/k/a "Hawk," 33, of Centre, Alabama;

    TIMOTHY STOUP, 39, of St. Petersburg, Florida;

    KATHY YORK, 44, of Cedartown;

    JUAN DUQUE, 29, of Cedartown;

    FELIPE CARMONA ROMERO, a/k/a "Ricardo Ramirez Chavez," 42, of Cedartown;

    EDGAR BAUTISTA BECERRA, 27, of Cedartown;

    BRANDY KINES, 29, of Rome;

    MISTY MCCRAY, 24, of Jacksonville, Florida;

    STEPHEN LYNN BROWN, 30, of Cedartown;

    BILLY RAY LACKEY, 42, of Felton;

    JAMES REX WILSON, a/k/a "Racing Rex," 46, of Cedartown;

    JOE JOHNSON, a/k/a "Magoo," 31, of Cedartown;

    JAMES GARNER, 47, of Cedartown;

    TERRY EDWARD FOLSOM, 47, of Cedartown;

    LISA WEAVER, 46, of Cedartown;

    DANA CRIDER, 25, of Cedartown;

    LARRY WHEELER, 48, of Cedartown;

    CHRISTOPHER SORRELLS, 32, of Cedartown;

    RANDY THOMPSON, 30, of Cedartown;

    IVAN ANTONIO MOLINA, 42, of Cedartown;

    DAVID CARTER, 32, of Cedartown; and

    TIMOTHY WATSON, 32, of Cedartown


  • As of today, 27 defendants have been arrested on the federal indictment. 13 additional defendants are also in custody on state charges. All charges were made public at a news conference this afternoon that included representatives of the District Attorneys of Floyd and Polk Counties; the Floyd, Polk County and Cedartown Police Departments; and the Polk County Sheriff's Department. The law enforcement agencies, along with ICE and GBI, participate in the "Northwest Georgia Criminal Enterprise Task Force," a FBI Safe Streets Task Force. The United States Marshal's Service also assisted in the arrests made today.

  • 47 weapons were recovered at a single residence as part of the law enforcement action. Authorities said that at least two of the defendants are considered fugitives: OSVALDO ANDRADE, 27, of Rome, and EDGAR BAUTISTA BECERRA, 27, of Cedartown. Anyone with information on the defendants is asked to call their local police.

  • At the news conference, United States Attorney David Nahmias said, "The truly violent character of this gang is demonstrated by the fact that the racketeering charges are based on violent crimes including five murders, attempted murder, arson, kidnaping, and, extortion, as well as drug trafficking and transporting and harboring illegal aliens. The indictment also charges five of the defendants with murder in aid of racketeering and discharging a firearm during and in relation to those murders, six defendants with attempted murder in aid of racketeering, and 11 defendants with other gun crimes. The 5 murders for which members of this gang are indicted, all of which occurred in 2003, represent fully half of all the murders occurring in Floyd and Polk Counties that year." Nahmias added, "The use of federal racketeering and drug statutes to attack the leadership of an organization is important, especially with an organization such as this that operates across local jurisdictional lines. It is particularly noteworthy that Operation Reclaim resulted from the coordinated efforts of federal, state, and local law enforcement agencies."

  • FBI Special Agent In Charge Greg Jones said of the case, "The impact of Operation Reclaim will surely be felt in this region which, unfortunately, has seen a substantial increase in methamphetamine trafficking and violent gang activities. The indictments of these individuals are the result of a long term, sophisticated investigation involving the many varied law enforcement agencies of the region and their efforts are to be commended. Violent criminal organizations such as this will continue to be a priority for law enforcement."

  • ICE Special Agent In Charge Kenneth Smith said, ""The cooperation within this multi-jurisdictional task force has been excellent, resulting in the dismantling of an organization that has used violence to intimidate it's competitors as well as its own members in order to carry out it's illegal enterprise."

  • GBI Director Vernon Keenan noted, "This area of the state was experiencing violence related to drug trafficking. Through a coordinated effort and aggressive drug enforcement, we were able to solve several violent crimes, including homicides, and were successful in identifying major players in an organized drug ring. I am optimistic that more arrests and seizures will be made as a result of this ongoing investigation."

  • The indictment also contains a forfeiture provision seeking to seize properties, automobiles, and weapons allegedly involved in the drug and RICO conspiracies, including the property at 2087 Potash Road, Cedartown, Georgia, two Chevrolet Corvettes, and numerous firearms.
  • Sales-tax funding a hard sell locally

    Area officials chime in on a proposal to switch school funding from property taxes to sales tax.


    08/29/05
    By Matt Tuck, Rome News-Tribune Staff Writer



    State legislators once again are debating whether property taxes or sales tax should fund Georgia schools, amid concerns about how a switch in revenue source would affect local school systems.

    State Rep. Paul Smith, D-Rome, said he will listen to debate on the issue before making up his mind, while state Rep. Barbara Massey Reece, D-Menlo, said she was not convinced the change in funding proposed by House Majority Leader Jerry Keen, R-St. Simons Island, dubbed School Property Tax Cut of 2006, would ultimately be in the best interest of schools around the state.

    Local educators said moving to an entirely sales tax-based funding system might slash property taxes — which Keen has said would eliminate more than half of all property taxes in Georgia — at the expense of schools, particularly during lean economic times.

    “It would be a mistake to replace our current program,” said Rome City Schools Superintendent Gayland Cooper. “Sales taxes are too unpredictable.”

    Cooper sees a problem basing a budget on sales taxes because tax collections rise or fall with the economy, noting schools would receive less funding in the current struggling economy.

    “(It’s) not stable enough to provide consistent education programs,” Cooper said.

    By changing the funding, schools would lose their ability to tax, which Floyd County Schools Superintendent Kelly Henson said could be catastrophic. “You have to let the local school boards continue to have taxing authority,” he said. “Without it, you completely remove the fiscal authority for school boards to make good decisions for their students and employees.”

    In another recession, the schools might have to look at cutting music, physical education and after-school programs, Cooper said. “If you look at other states that have done this, you can see the differences in the opportunities for students and in their facilities.”

    Currently, schools receive much of their funding from property taxes. Some property owners argue that using sales tax would push more non-property owners, such as renters, to contribute more to the school systems.

    “There certainly are a heck of a lot of people tired of property taxes bearing most of the expenses for the schools,” said Smith.

    “It will make for some interesting discussions.”

    If Georgia adopts a sales tax-based school revenue system, Smith said, it should settle a number of lawsuits.

    “We have a number of counties that have entered suit against the state because of what they say is unfair funding based on No Child Left Behind,” Smith said. “If the funding comes from sales tax, then funding should be equal statewide.”

    Rep. Reece said two years ago she signed onto a bill supporting sales tax to help fund schools, but the bill didn’t make it out of committee.

    When she heard of the current proposal, Reece kept her name away from it. She said the 2003 bill would have lowered property tax but not taken it out of school funding.

    “Sales tax is very erratic,” she said. “What I would support is a combination of sales tax and property tax.

    “Having strictly sales-tax funding would tie the hands of local schools. The state would give X amount of money, and when, say, gasoline prices go up again, the schools would not have a way to raise more money. ... You can’t take away the schools’ right to levy taxes. We need to work and see what we can come through with that would be advantageous for everybody.”

    Henson said he would be open to a combination of funding sources. “Is there room for middle ground? Probably,” he said. “But having it solely on sales tax could potentially hurt all school systems in Georgia, some more than others.”

    Thursday, August 25, 2005

    Facelift coming to East Rome

    Officials hope that Neighborhood Focus will help rejuvenate the area.


    08/25/05
    By Alan Riquelmy/Rome News-Tribune Staff Writer



    It takes more than picking up litter to clean a city. That’s where Neighborhood Focus comes in.

    Neighborhood Focus is the name of a five-day event tentatively scheduled for October that city officials hope will not only clean the Maple Street, Second Avenue and Walnut Avenue area, but also improve the overall appearance of the neighborhood.

    “Each day will focus on an aspect of what it takes to make a neighborhood clean and beautiful,” said Mary Hardin Thornton, director of the Keep Rome-Floyd Beautiful office, at Wednesday’s Community Development Committee meeting.

    Though exact dates for the program haven’t yet been set, Thornton is planning for it to run from a Monday through Friday. Monday will kick off the clean up with building inspection day.

    Tuesday is tree-planting day. City arborists will work with Rome’s Tree Commission to beautify the neighborhood by planting new trees and maintaining those that have overgrown.

    Fire education day, street improvement day and garbage and curbside pickup day will follow throughout the week.

    Close to 300 property owners will receive letters about the program before it begins.

    The old Maple Street gym at East 10th Street and Maple Street will become the program’s command center for the week.

    “If you have a question, someone will be there,” Thornton said.

    In other matters, the committee discussed:

    * The proposed pedestrian bridge slated to connect The Forum parking lot with West Third Street.

    Originally scheduled for a bid opening today, the bids won’t be opened until Sept. 1.

    The pedestrian bridge is included as a “must” in a draft memorandum of understanding between the West Third developers and the city.

    * A boat ramp that will be built at Grizzard Park, the YMCA soccer complex on the East Rome bypass. According to Environmental Planner Eric Lindberg, the state’s Department of Natural Resources will construct the ramp at no cost to the city.

    * The Kingfisher walking trail. Lindberg told the committee that the trail, more than 0.5 mile, will run along the Etowah River from the South Rome Bridge to Cantrell Street.

    Lindberg said he’d like the bridge constructed by October.

    Traffic cameras back soon

    New technology at the Turner McCall Boulevard/ Hicks Drive intersection should improve prosecution.


    08/25/05
    By Alan Riquelmy/Rome News-Tribune Staff Writer



    The city of Rome expects to resume catching red light runners come next week.

    New technology expected to be installed in the cameras will make pictures taken at the Turner McCall Boulevard/ Hicks Drive intersection clearer and brighter, said Kirk Milam, Rome’s Public Works director.

    “The police would be able to approve more images for prosecution than they could,” Milam said. “We believe some of our rejection rates will drop.”

    The cameras, which snap pictures of red light runners, leading to $70 tickets, occasionally can’t capture a visible license plate in an image. The new technology could clean up pictures that currently can’t be used.

    The cameras have been offline since July 19 due to resurfacing work on Turner McCall. They were scheduled to go online this week, though that was delayed to allow the contractor to connect detectors within the pavement to the cameras at the same time the new technology is installed.

    The city averaged about $22,000 each month from the cameras since they went online July 12, 2004.

    The work that made the cameras go dark is similar to that which has made the morning trip to Rome from Armuchee a nightmare the past couple of weeks.

    Because of the resurfacing work at Veterans Memorial Highway and Martha Berry Boulevard, the traffic monitors placed in the pavement had to also had be removed, said Mohamed Arafa, a spokesman for the state Department of Transportation.

    Those monitors change the duration of the red and green lights based on the amount of traffic, Arafa said. Without the monitors, the timing of the lights never changes or has to be changed manually, he added.

    That means heavy southbound traffic in the morning doesn’t get more time to roll through the intersection.

    Arafa said the problem should be fixed by next Wednesday.

    In another problem spot, the light at John Davenport Drive and Lavender Drive has been blinking intermittently because of an electrical problem.

    Milam said the wiring at the intersection has been replaced.

    “We’re going to continue to monitor how it operates,” Milam said. “It has been causing us some problems for the past few nights.”

    Wednesday, August 24, 2005

    Base closure panel votes to shutter Fort McPherson

    08/24/05
    Associated Press


    Base closure panel votes to shutter Fort McPherson WASHINGTON (AP) — An independent commission voted Wednesday to support the Pentagon's recommended closure of Fort McPherson, a move that means Atlanta's seventh-largest employer almost certainly will be shuttered.

    Votes on whether to close a McPherson satellite, Fort Gillem, Naval Air Station-Atlanta in Marietta and a Navy supply school in Athens were expected later Wednesdsay. Analysts expected all four recommendations to be approved, but as past base closure rounds have proved, surprises are possible.

    Alcohol could be OK’d in Heritage

    The city has been asked to change the park rules for a social club gathering.


    08/24/05
    By Alan Riquelmy, Rome News-Tribune Staff Writer


    A portion of Heritage Park could become Rome’s newest spot to have a glass of wine during special events.

    The city’s General Administration Committee unanimously recommended approval Tuesday for a change in the ordinance that prohibits alcohol consumption in publicly-owned places within city limits.

    Dr. Ray Jarvis made the request for a gathering he is planning for the Nine O’clock Cotillion Club, a Rome social club, asking that part of Heritage Park be added to the ordinance’s list of public places where drinking is allowed during special events.

    “It’s just a beautiful little spot down there,” Jarvis said. “It’s really pretty.”

    Alcohol is currently prohibited at the park near the Robert C. Redden Footbridge. A Sept. 19 vote of the City Commission could change the ordinance and allow alcohol in the area around the gazebo.

    Jarvis said his event would occur sometime next spring.

    “I would not want to allow alcohol unless it was for a special event,” said City Manager John Bennett. “We do not want to have people sitting around drinking.”

    Alcohol consumption is currently allowed in several public spots, including the Rome Civic Center on Jackson Hill, a portion of Ridge Ferry Park and at Bridgepoint Plaza, to name a few. The special-event criteria for drinking is only required at Ridge Ferry Park, though other restrictions apply at the various approved sites.

    “There’s a fairly large list of exemptions,” said City Clerk Joe Smith.

    The city would establish boundaries for where alcohol is permitted in Heritage Park and draw a map before the Sept. 19 vote.

    Consumption of alcohol on government-owned property inside the city limits is prohibited, except at the following:

    -Rome Civic Center on Jackson Hill

    -City tour boats

    -Stonebridge Golf Club

    -The Forum

    -Rome Senior Citizens Center on Riverside Parkway

    -State Mutual Stadium

    -Carnegie Building, gardens

    -Bridgepoint Plaza

    * Portions of Ridge Ferry Park, if a special permit is gained

    Tuesday, August 23, 2005

    Rome library goes wireless

    Also, the city is currently seeking grant money for its own Wi-Fi network downtown.


    08/23/05
    By Alan Riquelmy, Rome News-Tribune Staff Writer




    Imagine sitting in the garden outside the Rome-Floyd County Library with your laptop while connected to the Internet.

    Imagine no longer.

    A wireless Internet network, or Wi-Fi, is up and running at the library, said Lee Dollar, the facility’s infrastructure coordinator. Anyone with a laptop and wireless capability is free to take advantage of the new technology.

    “What we wanted to do was provide wireless Internet access for anyone who wanted it,” Dollar said. “It does run through our filtering system. Anything they could access on a regular computer here, they could access through the wireless.”

    The filter is designed to stop computers from visiting Web sites showing nudity.

    Susan Cooley, the library’s director, said many out-of-towers often visit her facility with laptops. “They can use it out in the garden or the perimeter of the library, but not the parking lot,” she said.

    Four receivers create the wireless network that covers 75,000 square feet. The library has been testing the network for the past three weeks, though a few regular library patrons have helped.

    This public announcement lets people know the network is ready for business.

    “Once we announced it, we didn’t want any issues,” Dollar said. “It’s ready to go. I think we could handle any amount of users that want to come in.”

    Each receiver cost around $300 and the method to power it another $300. Dollar said maintenance would be completed in-house, negating any further expenses on the network.

    Meanwhile, the city of Rome continues work on its own downtown Wi-Fi network. Jason Lovett, Rome’s information technology director, is currently in the process of answering questions from the Appalachian Regional Commission — the agency Rome is trying to get a $22,500 grant from for the network.

    Some questions Lovett has to answer include the availability of broadband service in the city and if Rome would partner with existing high-speed Internet providers.

    “I’m working on them,” Lovett said. “There may be more back and forth.”

    The city’s Wi-Fi network is expected to cover East First Avenue to Riverside Parkway along Broad Street and also include East First Street and Tribune Street.

    Lovett said he remained optimistic, adding that if the grant were given, the network could be operational by year’s end.

    Romans sentenced in federal sex case

    The two men were charged with bringing two Texas teens to Rome for sex.

    08/23/05
    From staff reports



    Two Rome men were sentenced Monday on federal child exploitation charges in which they were accused of bringing two teenage girls to Rome from Texas for sex last year.

    Brandon Keith Self, 26, was sentenced to five years in federal prison, and Richard Wallace “Wally” Mason, 23, was sentenced to a year and a half by U.S. District Judge Marcia Cone, according to reports from Beaumont, Texas, television station KBTV4.

    The federal judge’s office is located in Beaumont, which is in Southeast Texas.

    Last September, Mason and Self, both of 105 Rogers Drive, had contacted the two girls, who were both 15 years old at the time, and arranged to drive to Liberty County, Texas, to bring the girls to Rome, police and federal authorities said earlier.

    While in Rome, both men reportedly had sex with at least one of the girls, who the men reportedly met via the Internet, police said.

    Meanwhile, an Amber Alert was issued for the girls a day after they were reported
    Richard Wallace Mason was sentenced to a year and a half in prison.
    missing.

    Police arrested the two on Sept. 9, charging them with two counts of interference with child custody, two counts of child molestation, two counts of statutory rape, two counts of enticing a child for indecent purposes and two counts of contributing to the delinquency of a minor.

    Now that the two have been sentenced on the federal charges, Floyd County District Attorney Leigh Patterson said, her office will be discussing whether to pursue Georgia charges against Self and Mason.

    “There is concurrent jurisdiction on their cases — there’s the federal case, a case here, plus a case in Liberty County, Texas,” she said. “We’ll take a look at our case and decide if we want to go forward or let the federal case end the inquiry.”

    If Patterson’s office pursues the Georgia charges, she said, a trial would have to wait until after the men finish serving their time in federal prison.

    Police open drowning probe

    The Rome department is reviewing what happened when a man drowned after reportedly fleeing police.

    08/23/05
    By Alan Riquelmy, Rome News-Tribune Staff Writer



    Juan Vicente, 21, drowned early Friday in the river near Bridgepoint Plaza.
    The Rome Police Department is conducting an internal investigation into the Friday death of a man near the confluence of the rivers downtown.

    “We’re actively pursuing it right now,” said Deputy Police Chief Lonzo Roberson. “There’s no accusations of any impropriety on any officer’s part. There is no officer being put on leave because of the investigation.”

    Preliminary reports indicate Juan Vicente, 21, of 28 Old Airport Road, drowned early Friday after reportedly fleeing from and then struggling with police. Coroner Barry Henderson identified the body Monday.

    A final determination of the cause of death is expected to take at least three months. Roberson estimated the internal investigation could take 10 days.

    Chief Hubert Smith wants the investigation to ensure police know exactly what happened from start to finish, Roberson said.

    According to Julio Bal, a family friend, native Guatemalan Vicente had lived in Rome for five years. He loved to play soccer in East Rome with family and friends.

    “We used to go swimming in Shannon and to Cave Spring,” said cousin Arturo Vicente through a translator. “I don’t know what I’m going to do. It’s so sudden, and I’m the only family he has here in Rome.”

    According to a police report, officer Heather Murray was called to Juan Vicente’s home around 10 p.m. Thursday because of a domestic dispute.

    By the time the officer heard allegations against Vicente, he had already left.

    Rome officer Kerry Wagner stopped Vicente on Shorter Avenue near the Kangaroo Station shortly afterward.

    While Wagner was getting his alcohol-sensor equipment from his patrol vehicle, Vicente allegedly fled the scene.

    Wagner detected an odor of alcohol on Vicente, the report stated.

    Early Friday morning officer Shaun Davis spotted Vicente on the Robert Redden Footbridge linking Heritage Park and Bridgepoint Plaza.

    Davis and Vicente struggled, and the officer sprayed him with pepper spray, Davis said in a written police report.

    The officer then tried to get his handcuffs out, but Vicente ran away and then tripped and fell into the river, the report stated.

    Vicente went under the water several times before disappearing from sight, reports state.

    “Where those two rivers meet, the current is very strong,” Roberson responded when asked why no police officers tried to swim out to help Vicente. “Our officers aren’t trained for that.”

    Those wishing to help Arturo Vicente with the costs for returning his cousin to Guatemala can send donations to Arturo Vicente, 28 Old Airport Road, Rome, GA 30165.

    Monday, August 22, 2005

    Husband of woman killed in Olympic bombing tells Rudolph, `justice finally being served'

    08/22/05
    Associated Press




    ATLANTA (AP) — The widower of the woman killed by the blast at the 1996 Olympics confronted bomber Eric Rudolph on Monday, saying that his wife can finally rest knowing that ``justice is finally being served.''

    Rudolph's sentencing landed the day that John and Alice Hawthorne would have celebrated their 18th wedding anniversary.

    ``Every anniversary has been filled with anger, weeping and sorrow, but this anniversary brings to an end a very painful and emotional chapter in this family,'' Hawthorne told Rudolph and a packed courtroom. ``This is the day Alice can rest, for justice is finally being served.''

    Alice Hawthorne's 22-year-old daughter, Fallon Stubbs, who was seriously wounded by the Olympic bomb, offered forgiveness to Rudolph.

    ``In all honesty, Mr. Rudolph, I would not be who I am today without you,'' said Stubbs, who was 14 at the time of the bombing. ``I have learned to be a tolerant person because of you, to accept people who are different than I am, and embrace their differences.''

    Rudolph, who was wearing a business suit, stared directly at both Hawthorne and Stubbs during their statements. However, he did look away once when Hawthorne became emotional.

    Rudolph, 38, admitted earlier this year to carrying out the Olympics blast, which killed one and injured 111, and detonating bombs at an abortion clinic and a gay nightclub in Atlanta that injured 11 in 1997.

    More than a dozen of the victims were expected to speak before a federal judge was set to sentence Rudolph to three more life sentences in prison.

    He also received life without parole last month for the 1998 bombing of a women's clinic in Birmingham, Ala., that killed a police officer and maimed a nurse.

    Many of those injured at Olympic Park had said they did not plan to attend the sentencing, partly because Rudolph turned the sentencing in Alabama into a forum for his anti-abortion, anti-gay views, and partly because they believe it's time to move on.

    ``I don't need to be there. I can hear about it,'' said Calvin Thorbourne of Austell, whose legs were hit by shrapnel. ``It's always going to be part of my life, but I've always felt justice would be served.''

    At the Alabama sentencing, Rudolph portrayed himself as a devout Christian motivated by his hatred of abortion and a federal government that lets it continue.

    Rudolph was identified after the Birmingham blast and spent the next five years hiding out in the mountains of western North Carolina. He was captured in 2003 while scavenging for food behind a grocery store in Murphy, N.C.

    Prosecutors and the former soldier struck a deal: They wouldn't seek the death penalty and he would tell them where to find more than 250 pounds of stolen dynamite he had buried in the North Carolina woods.

    Some wanted to be at the hearing if for no other reason than to ask Rudolph why.

    Tiffani Kelley of Atlanta was a teenager when shrapnel tore through her left leg as she was leaving Centennial Olympic Park.

    ``I think about it every day,'' she said. ``I'm constantly reminded of it because I have a permanent scar on my leg.''

    While Thorbourne didn't plan to attend, he said there was something he'd say to Rudolph if he ever got the chance.

    ``I would say, 'God be with you.' God is in control,'' Thorbourne said. ``It's not for me to determine the proper sentence. He obviously has some issues, to say the least.''

    Supreme Court won't reconsider property case

    August 22, 2005
    Associated Press


    WASHINGTON (AP) — The Supreme Court, given a chance to revisit a heavily criticized ruling, refused Monday to reconsider its decision giving local governments more power to seize people's homes for economic development.

    So contentious was the court's narrow 5-4 ruling in the so-called eminent domain case earlier this year that some critics launched a campaign to seize Justice David Souter's farmhouse in New Hampshire to build a luxury hotel. Others singled out Justice Stephen Breyer's vacation home in the same state for use as a park.

    Both Souter and Breyer voted on the prevailing side. Justice Sandra Day O'Connor, who did not, sharply criticized her colleagues at the time. She said in a minority opinion that the ruling favored the well-heeled over the less fortunate.

    In addition, legislators in some 25 states are considering changing their eminent domain laws to soften the impact.

    Justices did not comment Monday in refusing to reconsider the case, which had been expected because requests for a reconsideration of rulings are rarely granted.

    O'Connor, whose decision to retire created the opening that Washington lawyer John Roberts now seeks to fill, wrote in her angry dissent of June that ``the specter of condemnation hangs over all property.''

    Justice John Paul Stevens wrote the majority opinion and defended it last week in a speech in Las Vegas. The ruling was legally correct, he said, because the high court has ``always allowed local policy-makers wide latitude in determining how best to achieve legitimate public goals.''

    But Stevens said he had concerns about the results.

    ``My own view is that the allocation of economic resources that result from the free play of market forces is more likely to produce acceptable results in the long run than the best-intentioned plans of public officials,'' Stevens told the Clark County Bar Association.

    Legal experts had said they did not expect the court's ruling, involving an economic development project in New London, Conn., to prompt a rush to claim homes.

    Stevens said that ``the public outcry that greeted (the ruling) is some evidence that the political process is up to the task of addressing such policy concerns.''

    The case is Kelo v. City of New London, 04-108.

    New food contract for jail could save $100,000


    08/22/05
    By Diane Wagner, Rome News-Tribune Staff Writer



    The Floyd County Jail’s annual food service bill could drop by nearly $100,000 under a new contract recommended by Sheriff Tim Burkhalter, who took over the office in January.

    County Manager Kevin Poe said the proposal from Tampa, Fla.-based Trinity Services Group promises meals at 79.4 cents each compared with 92.4 cents each under the existing contract. The savings from Burkhalter’s decision to call for new bids adds up to an estimated $99,645 a year, Poe said, and the company has satisfactory reports from jails in nearby counties.

    “You wonder what we could have saved over the years,” he said.

    The Floyd County Commission is expected to award the contract at its Tuesday meeting. The caucus starts at 4 p.m. in the historic Floyd County courthouse, with the regular session following at 6 p.m.

    Commissioners also will discuss a pending proposal from General Electric Co. to cap a contaminated landfill at the defunct Rome plant on Redmond Circle.

    The Georgia Environmental Protection Division is accepting comments on the plan through Friday, and Commissioner Garry Fricks is urging the board to seek removal of the debris instead.

    “It’s ridiculous to call this a remedy when it’s nothing but a patch,” Fricks said.

    Commission Chairman Chuck Hufstetler has said he will ask a local geology professor to review data that GE collects from monitoring wells on the site and assist with the technical aspects of the argument.

    Other items on the agenda include:

    * Consideration of an estimated $15,000 contract with Madison, Ala.-based Graves Service Co. to install a 6-inch casing at the county’s Fulton Road well site. Poe said the pump has not been used for several years because of the water’s turbidity, but consultants believe putting a new casing inside the old 8-inch pipe could eliminate the infiltration.

    “There’s no guarantee this will work, but we’re spending a lot more than this drilling for new wells,” he said.

    * Public hearings on four rezoning applications, including a proposal for office and warehouse storage on a residential tract at 1158 Chulio Road that garnered a split vote from the Rome-Floyd County Planning Commission.

    The planning commission unanimously recommended approval of the other requests: A change to residential use for property zoned for office development at 1160 Morrison Campground Road; a plan to put duplexes at 313 and 315 Old Summerville Road; and commercial zoning for a residential tract at the corner of Martha Berry Highway and Russell Field Road in Armuchee.

    Friday, August 19, 2005

    Shorter, Berry on national best list

    08/19/05
    By Marc Dadigan, Rome News-Tribune Staff Writer


    In what has become an annual tradition, both Shorter College and Berry College are highly ranked in “U.S. News & World Report’s” prestigious listing of America’s best college.

    “It’s a tribute to the Shorter faculty and students that the rankings continue to recognize the quality on the Hill,” said Shorter President Harold Newman.

    Among Southern comprehensive colleges, Berry was ranked No. 2 and Shorter was ranked No. 14 on the list. It was the 19th time Berry made the list compiled by the national magazine. It was the fifth consecutive year Shorter has made the list.

    “I think these rankings, along with everything else, present a picture of Berry to potential students,” Berry President Scott Colley said. “The ranking, plus our academic strength plus the beautiful campus, are all factors that draw students.”

    Berry, also placed on the magazines “great schools, great prices” list and fifth in the highest graduation rate category. Colley said the college graduates about 62 percent of its students within six years of their enrollment.

    The magazine’s rankings were first published in 1985 and have been done annually since 1987. They are based on the results of surveys of four-year colleges and universities across the nation. Rankings of quality are based on academic reputation, student retention, faculty resources, student selectivity, financial resources, graduation rate performance and alumni giving rate.

    Polk teacher files federal lawsuit against school system

    The educator was put on administrative leave after allegations about the cheerleading squad.


    08/19/05
    By Alan Riquelmy, Rome News-Tribune Staff Writer


    A Polk County teacher filed a federal lawsuit Thursday against Polk County Schools Superintendent Darrell Sorrells and members of the county school board after she was placed on administrative leave with pay.

    Rhonda Lindsey, an eight-year teacher with the school system and a cheerleading coach, was put on administrative leave with pay Aug. 12 after Sorrells questioned her about allegations that nude pictures of members of the Cedartown High School cheerleading squad had been taken, the lawsuit states.

    Sorrells declined to comment about the lawsuit, saying he had not yet received a copy Thursday night.

    Neither Sorrells nor any school board member listed in the lawsuit has any evidence that nude photographs exist, according to the lawsuit, which was filed in U.S. District Court in Rome. Another teacher/coach has also been placed on administrative leave with pay, Sorrells said Wednesday. He declined to release her name.

    Lindsey is seeking to clear her name and return to work. She also is seeking attorney fees and punitive damages for actions that she says stigmatized, slandered and damaged her reputation.

    In addition to having what is termed “false” information made public, the lawsuit states Lindsey’s right to due process was denied by the method she was placed on administrative leave and that the state’s Open Records Act was violated.

    Harold Wingfield, chairman of the Polk County School Board, could not be reached for comment Thursday night.

    Lindsey is being represented by Rome law firm Brinson, Askew, Berry, Seigler, Richardson & Davis.

    Wednesday, August 17, 2005

    GE: Landfill cap is best option

    Officials want to know more; state EPD is asking for public opinions


    08/17/05
    By Diane Wagner, Rome News-Tribune Staff Writer



    The cap that General Electric plans to install on a landfill at its contaminated Redmond Circle plant will protect the contents for 200 years, plant manager Richard Lester said.

    Groundwater monitoring wells surrounding the area and a stormwater-capturing system will help ensure no pollutants leak off-site, Lester said at a Tuesday public hearing. But, despite assurances that it is unlikely Landfill C holds hazardous waste, some Floyd County officials are looking for more information.

    “If it’s not that bad, why not just dig it up and move it to a (permitted) landfill instead of monitoring it forever?” County Commissioner Garry Fricks asked.

    The Georgia Environmental Protection Division is taking comments through Aug. 26 on the plan, which calls for adding several impermeable fabric liners and layers of topsoil to the clay cap installed in 1978. Fricks said he planned to make a report at the commission meeting Tuesday and suggest a resolution calling for a better remedy.

    “Why not address it at this point and make the land usable again?” he said. “I don’t want to pass the problem to the future.”

    The plan meets the U.S. Environmental Protection Agency’s standards as a “presumptive remedy” to keep stormwater from washing into the groundwater. That makes it an acceptable proposal, said Jim Ussery, EPD assistant director.

    “Certainly there are differences in opinion regarding whether this is the best remedy,” Ussery said. “But this is the proposal the company has made to us, and we are required to accept any acceptable proposal.”

    Lester said the company felt digging up the waste would be disruptive to the community and opted to follow the EPA presumptive remedy guidelines.

    “This technology will provide a safe environment and protect public health,” he said.

    The EPD asked the company to address Landfill C in January after nearby monitors picked up traces of volatile organic compounds (VOCs) and polychlorinated biphenyls (PCBs).

    Organic chemicals, widely used in paints, fuels and cleaning agents, can cause damage to the liver, kidneys and central nervous system.

    The PCBs the company used in the transformers it manufactured between 1953 and 1977 are classified by the EPA as probable cancer-causing agents.

    Both Lester and EPD officials said the levels at Landfill C are much lower than those detected at Landfill A — the oldest and most contaminated of the three landfills on the 236-acre site. But it is unclear exactly what might be in the landfill, which was used mainly for wood, paper, plastics and construction debris before it was closed in 1975.

    David Yardumian of the EPD said there is “no evidence any hazardous waste has been deposited” but admitted the landfill has not been tested. Lester said the company does not want to disturb the protective clay cap by drilling for samples.

    TO COMMENT:

    Written comments are being accepted through Aug. 26 on General Electric Co.’s plans to cap Landfill C at its defunct Redmond Circle plant to ensure chemicals do not leach into the groundwater and migrate off-site.

    Comments can be mailed to the Georgia Environmental Protection Division, East Floyd Towers, 2 Martin Luther King Jr. Drive, Atlanta, GA 30334.

    Tuesday, August 16, 2005

    City united against merger law



    Rome’s commission and education board oppose a law that would keep schools separate in consolidation


    08/16/05
    By Marc Dadigan, Rome News-Tribune Staff Writer



    More than two years into the consolidation process, Rome government and school officials had, until Monday, never met to share their views.

    It turned out both sides hold similar opinions.

    The Rome City Commission and Board of Education voted unanimously in a straw poll to oppose legislation allowing the city and county governments to merge without consolidating the schools, a move they believe would endanger the future of the city school system.

    “It bothers me to support legislation that would basically lead to the eventual bankruptcy of the school system,” said Commissioner Buzz Wachsteter.

    The Floyd County Commission has been seeking an amendment to the state constitution that would supersede a current law that apparently bars a city-county merger without combining the school system.

    The County Commission has made plans to ask legislators to explore the option during the 2006 Georgia General Assembly and to draft a resolution to support a future consolidation referendum.

    During a meeting Monday with the Rome Board of Education, city commissioners, however, agreed that the law change, which would establish the Rome City Schools as an independent system with the ability to levy taxes, could financially cripple their schools.

    Under the current arrangement, the school system requests funds from the City Commission, which then sets a school millage rate to raise the necessary money. If the school system became independent, it would collect its own taxes but likely wouldn’t have the power of annexation.

    “I’m concerned that we would be locked into our current borders,” board member Cheryl Huffman said. “We couldn’t expand our tax base; it might become less industrial or more industrial. We just don’t know how it would affect our funding.”

    “You would have the city taxing, the county taxing and the independent school taxing,” added board member Gene Clark. “It would get pretty confusing.”

    There also were concerns about transporting students after a government merger. Rome City students currently are bused to school by the Rome Transit Department, which might not exist after the merger.

    Racial issues also boiled to the surface as Commissioner Bill Collins said he’s started to believe consolidation has become an subtle effort to reduce taxpayer support for the Rome schools, many of which have predominantly black student populations.

    “You all have a problem, and it’s a racial problem,” he said. “They say that the goal is to save money, but it’s about the fact they’re trying to tell the blacks you need to tote your own load and pay for your schools.”

    According to a study by a University of Georgia professor, the monetary effect of a school merger would be basically neutral even though the systems’ financial books are pretty similar.

    Also because of the demographic difference between the two school districts, it might prove difficult to get approval of the new state law from the U.S. Department of Justice, City Attorney Bob Brinson said.

    Because of desegregation laws, the DOJ would have to sign off on a proposed government merger, he said, and even if it did, other lawsuits could follow.

    “I believe it would be unsuccessful and incapable of implementation without several years of litigation,” he said.

    Monday, August 15, 2005

    Traffic on Martha Berry Highway

    There is a traffic jam affecting south-bound lanes between the Ga 1 Loop and Mount Berry Mall due to ongoing resurfacing by DOT officials. The north-bound lanes are unaffected. Please seek an alternate route for the remainder of the day.

    Defiant Jewish settlers form human chains to block soldiers with eviction notices

    08/15/05
    Associated Press



    NEVE DEKALIM, Gaza Strip (AP) — Defiant and tearful Jewish settlers locked their communities' gates and formed human chains to block troops from delivering eviction notices Monday, as Israel began its historic pullout from the Gaza Strip after 38 years of occupation.

    Police and soldiers waited patiently in the sweltering sun and avoided confrontation at the behest of their commanders. One sobbing settler pleaded with a brigadier general not to evict him before the two men embraced.

    ``It's a painful and difficult day, but it's a historic day,'' said Israel's defense minister, Shaul Mofaz.

    Over the next three weeks, Israel plans to remove all 21 Jewish settlements from Gaza and four from the West Bank. The withdrawal marks the first time Israel will dismantle settlements in areas captured in the 1967 Mideast War and claimed by the Palestinians for their future state.

    While Prime Minister Ariel Sharon says the pullout will improve Israel's security, Jewish settlers fiercely oppose the plan and have promised stiff — but nonviolent — resistance.

    Israeli troops fired in the air Monday to keep back hundreds of Palestinians, including a few dozen masked gunmen, who were marching toward southern Gaza's Gush Katif bloc of settlements in celebration of the impending withdrawal. The crowd burned a cardboard model of an Israeli settlement, complete with an army watchtower.

    In Gaza City, the Islamic militant group Hamas hung banners proclaiming the pullout is a result of attacks by militants on Israelis. ``The blood of martyrs has led to liberation,'' one banner said.

    Thousands of Israeli troops marched into Gaza's settlements, delivering eviction notices in some communities, but encountering protests in others. The notices gave settlers until midnight Tuesday to leave. If they ignore the deadline, they will be removed by force and could lose up to a third of their government compensation for the move.

    Resistance was stiff in Gush Katif. Hundreds of settlers blocked the gates of Neve Dekalim, Gaza's largest settlement, preventing the forces from entering.

    Dozens of observant Jewish men, wearing white prayer shawls, held morning prayers at the gate, appealing for divine intervention to block the withdrawal. Dozens of youths wearing orange, the color of defiance, sat on the streets. ``Who dares to do battle with God,'' read one protester's T-shirt.

    Troops moved into the community through a second entrance, only to be blocked by large crowds of settlers who burned tires and formed human chains. Protesters formed a ring around the troops, briefly scuffling with one commander who attempted to break through before giving up. The army did not try to force its way in.

    Military commanders listened quietly to the settlers' appeals, but said they would not be deterred.

    ``We will reach every settler, just as we have planned,'' said Maj. Gen. Dan Harel, Israel's commander over the Gaza region.

    Harel told Army Radio that the operation was going as anticipated. ``Our estimation is that by tomorrow night most of the residents will agree to leave,'' he said.

    Many of Gaza's 8,500 residents have already left, and Mofaz told the Israeli Cabinet that he expected an additional 300 families to leave on Monday. But the army estimates that thousands remain, including some 5,000 hard-liners who have infiltrated Gaza to resist the pullout. Authorities fear some of the extremists could turn violent.

    At the isolated Morag settlement, hundreds of people blocked troops at the gate. One man, identified by Israeli media as Liron Zeidan, burst into tears as he pleaded with officers not to remove him from his home.

    ``I am not your enemy. I served as an officer under you,'' the man told Brig. Gen. Erez Zuckerman, the commander of the army unit waiting at the gate.

    Zuckerman listened and wiped sweat off his brow, then hugged the young man. ``We love you, you are part of us,'' he told the assembled settlers.

    In Gan Or, the army reached a deal with residents to send only a small group of senior officers to give the notices to community leaders in an effort to avoid friction.

    The operation went more smoothly in the settlements of Nissanit and Elei Sinai, secular communities in northern Gaza that have virtually emptied out.

    In Nissanit, four soldiers came to the home of Yitzhak and Avigail Dadon, a couple in their 70s who said they would leave before the forcible removal begins. Yitzhak Dadon said that earlier in the morning, he lowered an Israeli flag that had been fluttering from his roof. Avigail Dadon cried, and a female soldier stood up to hug her.

    Two residents entered an abandoned home, took out a hammer and smashed the remaining mirrors, doors and windows. Some homes were covered in graffiti, including one that read ``Sharon is a Nazi.''

    Soldiers also helped settlers pack. In one Nissanit home, troops removed a large sundeck next to a backyard swimming pool, pulling out planks and stacking them up in a pile.

    In the Elei Sinai settlement, resident Esti Yamin clutched her eviction notice and cried. When the four-member army team left her home, she said: ``They were very kind and I think they are doing all they can do.''

    However, one of her neighbors put lawn chairs and a TV set on the roof, where he said he would remain with his young daughter until he is removed by force. ``Elei Sinai won't fall,'' read a large sign outside his home.

    Soldiers were also giving eviction notices in four West Bank settlements slated for evacuation. They chose not to enter two of the communities, Sanur and Homesh, where hard-line extremists have holed up. The army instead planned to hand the orders to community leaders.

    Israel's Cabinet met Monday and gave final approval for the removal of additional Gaza settlements in what was seen as a formality. The plan was already approved by the government and parliament during a bruising yearlong political battle.

    With some 50,000 security forces involved, the ``disengagement'' from Gaza is the nation's largest-ever noncombat operation.

    Palestinian leader Mahmoud Abbas said the Gaza pullout is a ``historical moment,'' but that Israel must also hand over the West Bank and east Jerusalem in the future.

    ``If they want peace, they must allow Palestinians to achieve their rights,'' Abbas told the British Broadcasting Corp.

    The Palestinians hope the pullout from Gaza will lead to the resumption of peace talks and ultimately full independence in areas captured by Israel in the 1967 Mideast War.

    But they fear the withdrawal is a ploy by Sharon to get rid of areas he doesn't consider crucial to Israel while consolidating control of parts of the West Bank, where the vast majority of the 240,000 Jewish settlers live.

    Smaller housing lots on agenda

    The City Commission will review a proposed rule change to allow "cluster subdivisions."


    08/15/05
    By Alan Riquelmy, Rome News-Tribune Staff Writer


    The possibility of cluster subdivisions is expected to briefly appear before the Rome City Commission at its meeting tonight.

    The commission will examine the issue on first reading, which will set it for a vote at the board’s Sept. 6 meeting.

    The commission meets at 6:30 p.m. at City Hall.

    A cluster subdivision — a type of development that puts houses on smaller lots while protecting green spaces — is an impossibility under the current Unified Land Development Code.

    “It could be a great tool for developers,” said Assistant City Attorney David Smith, “if they’re willing to provide it. If nothing else, it allows the preservation of green spaces.”

    The Floyd County Commission adopted the change Tuesday. A similar move by the city Sept. 6 would make cluster subdivisions acceptable countywide.

    The city currently has minimum lot sizes, which would prohibit something like a cluster subdivision. Under new rules, developers would be restricted only by setback requirements in a cluster subdivision.

    Those rules would let them put a lot more houses in a subdivision as long as they reserved at least 40 percent of the area for green spaces.

    “It’s a detailed process,” Smith said of the procedure to get a cluster subdivision approved. “You’ve got to work with the city each step of the way.”

    One detail developers would have to discuss with Rome is the maintenance of the green spaces. Whether it’s done by the developers, a homeowners association or someone else, Smith said, the city will want to ensure the area’s maintenance is ongoing.

    The city doesn’t have any votes scheduled for today, though it will discuss the agenda for its Friday and Saturday planning session at the Carnegie building.

    One likely topic of discussion will be the West Third Street development. The commission originally was scheduled to vote on a memorandum of understanding — an agreement between itself and the developers — though that vote has since been pushed back. City Manager John Bennett has said the vote won’t occur until after a public meeting on the issue, which could happen next week.

    Friday, August 12, 2005

    Oil jumps to $66 a barrel, record high

    Crude-oil prices soared to new highs past $66 a barrel Friday as reports of U.S. refinery outages spark fears that gasoline supplies in the world's biggest consuming nation would struggle to meet rising demand.

    The threat of hurricanes in the Gulf of Mexico and concerns over Iran's decision to resume uranium conversion activities also weighed on markets, pushing prices upward, analysts said.

    Tropical Storm Irene was expected to intensify Friday and possibly reach hurricane strength as it approached the U.S. East Coast, forecasters said.

    Irene's potential threat to land was still uncertain, as its path had shifted east, according to forecasters at the National Hurricane Center in Miami. Forecasters said the storm could strike the coast anywhere from South Carolina to New Jersey.

    With bullish sentiment unabated and crude prices hitting consecutive highs this week, analysts expect front-month crude contracts to test the $70 a barrel threshold.

    Light sweet crude for September delivery gained 60 cents to $66.40 in morning trade on the New York Mercantile Exchange. On Thursday, oil prices settled at $65.80 a barrel, the highest close since Nymex trading began in 1983.

    Gasoline futures climbed 4.42 cents to $1.994 a gallon while heating oil futures rose 1.65 cent to $1.915 a gallon.

    In London, Brent crude for September delivery was trading at $65.94 a barrel, up 56 cents.

    Analysts said gasoline demand, currently at its peak in the U.S. summer driving season, was pushing crude's gains. Last week, U.S. gasoline demand picked up by 1.4 percent from a year ago, according to government data.

    Coupled with new reports of refinery outages this week, traders fear U.S. refiners, already running at 95 percent of capacity, are straining to satisfy the rising demand.

    ``People fear there won't be enough gasoline at a time when it's so greatly demanded, so they're just buying, buying and buying,'' said Tetsu Emori, chief commodities strategist at Mitsui Bussan Futures in Tokyo.

    Oil prices are 46 percent higher than a year ago, but they would need to surpass $90 a barrel to exceed the inflation-adjusted peak set in 1980.

    The U.S. Energy Department said Wednesday that gasoline inventories fell 2.1 million barrels to 203.1 million barrels last week.

    ``The refinery breakdowns are a big issue, they're happening at a time when gasoline supplies are already very tight,'' Emori said.

    Among the latest refinery outages: several units at ConocoPhillips' 306,000 barrel-a-day Wood River, Ill., refinery were shut after a thunderstorm caused a power failure at the plant.

    Also, BP PLC shut down a hydrogen recovery unit Aug. 10 at its massive 470,000 barrel-a-day Texas City refinery, following a decision by the company to keep high-pressure units off line until they can be proven safe, BP spokesman Scott Dean said Thursday.

    The three other high-pressure units at the refinery were already off line Wednesday and will be kept down pending investigations, Dean said.

    The incidents are the latest in a string of outages to hit about a dozen U.S. refineries that together can process 2.7 million barrels a day of crude oil, some 16 percent of total U.S. refining capacity.

    Thursday, August 11, 2005

    Video game grant issued

    PlayStation 2 whizzes could become reading whizzes at Garden Lakes school.


    08/11/05
    By Marc Dadigan/Rome News-Tribune Staff Writer


    Since the early days of Atari, parents have warned their joystick-toting kids that video games will rot their brains in the same way sweets will rot their teeth.

    Garden Lakes Elementary Principal Donna Brombacher has taken a different approach with her students.

    Her school recently earned a $450,000, three-year grant to purchase more than 150 PlayStation 2 video game machines on which students can play educational games that improve their reading and language skills.

    “Research has shown that children are working more with technology than we ever dreamed,” Brombacher said. “With kids spending so much time in front of computers, handheld games and TVs, we’re trying to tap into that.”

    This year each third-grader will receive a PlayStation 2 with a built-in monitor along with the educational software called Plato Achieve Now. In the following two years of the grant, second- and first-graders will also get the game systems.

    Third-grade teacher Susan Moss said the students will be able to take the PlayStations home, and she expects the machines will also lure other family members to get more involved in the lessons.

    “It’s something that will make a connection with the family. Hopefully, the siblings and even the parents will pick up some English,” she said.

    Students who already own PlayStations will only be given copies of the software, Brombacher said.

    The PlayStations will also be used in the classroom as the grant will pay for five sets of 12 PlayStation machines for teachers who will also receive training to use the game systems, Brombacher said.

    “It’s very individualized, so some of the kids in the class could be doing group work and others could be working on the machines,” she said.

    “It allows some flexibility.”

    While the program is primarily targeting English language learners, who are expected to account for 20 percent of the student body, Moss said the software is designed to engage students of all levels.

    “It doesn’t just target student weaknesses and needs,” she said. “It will challenge students already strong in English and language arts.”

    The third-graders will be the first to get the machines because they must pass the statewide reading test, the CRCT, to be promoted to the fourth grade.

    Brombacher must attend a meeting later this month in Atlanta at the state Department of Education after which the machines will soon be delivered, hopefully by Labor Day, she said.

    “We’ve put a lot of research into this, and we think this will be a good way to add some technology-based lessons for our students,” she said.

    Merger group back in town

    School consolidation consultants to continue feasibility examination



    08/11/05
    By Marc Dadigan/Rome News-Tribune Staff Writer



    After being delayed for a month and a half, the school merger consultants are returning to Rome on Monday to interview education and county officials as they prepare to continue the $168,200 consolidation feasibility study.

    Representatives from S. John Davis & Associates will breakfast at IHOP with city school superintendent Gayland Cooper and county school superintendent Kelly Henson and will then meet later with County Manager Kevin Poe and Commission Chairman Chuck Hufstetler.

    Following a month of deliberation, the commission voted to continue the feasibility study, and Henson said he’ll cooperate with the consultants in any way possible.

    “I’m guessing they’ll be letting us know what kind of data they want for the study — enrollment figures, salary schedules and so on,” he said. “(Consolidation) is not our political issue per se, but we’ll be happy to produce what they need.”

    Hufstetler said he and Poe will work with the consultants on the timetable for completion of the study. It was delayed after the release of the study’s first phase, which found little political support for consolidation and caused commissioners to question the value of the study.

    The study will proceed as planned, Hufstetler said, but the consultants have also been asked to collect data on sites around the country where schools are run independently of governments.

    The commission’s interest in school consolidation has been driven by a Georgia law that seems to require school mergers to accompany government mergers. However, there are questions about that interpretation of the law.

    The Rome City Commission and the Rome Board of Education will also meet Monday to discuss that legislative issue as well as consolidation in general.

    “It’s a chance for us to openly discuss it and see what other people think,” said board member Jim Greer. “We’ve never discussed it as a board, so there’s nothing predetermined.”

    The meeting is scheduled for 4 p.m. at the Sam King Room of City Hall.

    Tuesday, August 09, 2005

    NCAA sees mascots as abusive



    This undated photo shows Florida State mascot Chief Osceola at a basketball game in Tallahassee, Fla. The NCAA banned the use of American Indian mascots by sports teams during its postseason tournaments, but will not prohibit them otherwise. At least 18 schools have mascots the NCAA deem ``hostile or abusive,'' including Florida State's Seminole and Illinois' Illini. Florida State President T.K. Wetherell threatened to take legal action after the ruling. (AP Photo/Tallahassee Democrat, Phil Sears)

    How do you feel about this?

    Sparse crowd shows up to voice opinions on police

    The public hearing was part of the city department’s bid for reaccreditation.

    08/09/05
    By Matt Tuck, Rome News-Tribune Staff Writer




    Although there were many officials in the room, few citizens participated Monday in the public hearing portion of the Rome Police Department’s three-year national reaccreditation process.

    Out of the some 10 citizens in attendance, five took to the podium Monday night, and three of those had complaints about the Floyd County Police Department, not Rome.

    “Some of the people thought this was a hearing for all the police departments,” said Rome police Maj. Elaine Snow. “I think some people didn’t fully understand that this was more about giving an overall opinion of our department and not so much about specific problems.”

    The hearing was part of the Commission of Accreditation for Law Enforcement Agencies Inc.’s review of the Rome police standards and practices.

    Earlier in the day, a dedicated phone line was available for citizens to voice their opinions. Rob Geis, former chief of police in Dublin, Ohio, and the team leader for the three-member CALEA panel, said the group received several calls Monday. “Most of them were good,” he said.

    Rome’s Nealon Guthrie, who spoke to the panel about his son’s arrest by the Floyd County Police Department, said he wished more people had turned out for the hearing. “There should have been many people here,” he said. “People had their chance to speak about the department and didn’t do it.”

    Snow said at least the citizens were able to express themselves and were given contact information.

    Carl Gibson of Rome complained to the CALEA panel about what he said was a rude experience with a Rome policeman. Gibson said he was involved in a wreck earlier this year on North Broad Street in which he was written a citation.

    “He talked to (the other driver) for 20 to 30 minutes, but he never consulted me,” he said. “When he came back to me, he gave me a ticket and said, ‘If you don’t like it, go to court.’ I don’t think that officer was fair.”

    Geis later told Gibson he should contact Rome police and follow departmental procedures.

    Although the public hearing is over, citizens still have an avenue to voice their opinions about the department. People can mail responses to CALEA Inc., 1032 Eaton Place, Suite 100, Fairfax, VA 22030-2215. For those with Internet capabilities, e-mails can be sent to CALEA@calea.org with Rome Police Department included in the subject line.

    Geis said his visit will continue through Wednesday, and Rome will find out whether it will be reaccredited at a CALEA conference in Nashville, Tenn., in November.

    State begins telling its side

    Test-giver, former teacher say Rogers not retarded

    08/10/05
    By Lauren Gregory, Rome News-Tribune Staff Writer



    James Randall Rogers’ attorneys brought three psychologists to the stand to testify that he is “mentally retarded.”

    The state began laying out its response Tuesday to the mental competency petition of James Randall Rogers, bringing three witnesses to the stand to rebut testimony from three plaintiff witnesses who called Rogers “retarded.”

    Rogers’ attorneys, Jimmy Berry and Ralph Knowles, rested their case as soon as jurors were seated Tuesday morning.

    On Friday and Monday, they had produced three psychologists supporting their argument that Rogers is “mentally retarded” under Georgia law.

    Rogers, who received the death penalty in 1982 after being convicted of raping and murdering 75-year-old Grace Perry of Rome, cannot be executed if he is deemed retarded as a result of the ongoing competency hearing.

    The jury panel charged with making that decision is not permitted to know any of his criminal history, although two jurors Tuesday morning told the judge they saw Rogers in or around a marked sheriff’s car.

    Specially-appointed Senior Judge Tom Pope, who dismissed a juror Monday after he said he remembered Rogers had been part of another case, asked the two individually if their decisions would be influenced by what they had witnessed.

    Receiving negative answers, Pope proceeded without disqualifying either.

    Prosecutor Martha Jacobs then opened her case, calling licensed professional counselor James Mills of Milledgeville to the stand. Mills had administered a court-ordered intelligence test in 2000 — the last of seven taken by Rogers during a 23-year period — on which Rogers reportedly scored an 89, his highest score ever.

    Earlier testimony in the case indicated that an IQ of 70 or lower is generally accepted as the cutoff for mental retardation.

    Although Mills told Jacobs he had not had a stake in the outcome of the exam, Berry alluded during cross-examination that the counselor could have influenced the scoring.

    “It was not my intent to improve or coach,” Mills told him.

    “You had some (scores) that were zeroes,” Berry contended, “and you made inquiries to get them to ones or twos.”

    Berry subsequently criticized the state’s second witness, former Rome City Schools teacher Frank Davis. Davis, who taught Rogers social studies in seventh grade, testified that Rogers had “very poor attendance” but “was doing acceptable” and “probably would have passed if he had been there.”

    Berry attacked Davis’ lack of written records to prove his point, also citing his lack of knowledge about Rogers’ family, friends, extracurricular activities and home life.

    The day ended with testimony from Dr. Richard Hark, despite repeated attempts from Berry and Knowles to bar him from taking the stand.

    After several jabs from Knowles about his scoring techniques, Hark continued to support his conclusion about Rogers: “I don’t believe he’s mentally retarded.”

    Proceedings are scheduled to resume with the state’s next witness at 9 a.m. today.



    Also, two experts testified Monday, saying the convicted murderer's intelligence was "substandard."

    08/09/05
    By Lauren Gregory, Rome News-Tribune Staff Writer



    Day two of convicted murderer James Randall Rogers’ mental competency hearing began Monday morning with the dismissal of a juror and continued into the afternoon with the needling of two expert witnesses.

    Juror Reuben Finley of Rome was sent home before testimony resumed Monday after he told Judge Tom Pope his vague recollection of a previous court case involving Rogers.

    Finley’s realization meant immediate disqualification, as jurors are charged only with deciding whether Rogers is “mentally retarded” according to Georgia law.

    They are not to know anything about his criminal history, which includes a 1982 conviction for the rape and murder of 75-year-old Grace Perry of Rome.

    Rogers received the death penalty that same year; however, if he is deemed retarded as a result of his ongoing competency proceedings, he cannot be executed.

    Lawyers for Rogers put two expert witnesses on the stand Monday, both supporting the argument that Rogers shows “significantly substandard” intellectual functioning.

    Dr. David Ryback, an Atlanta psychologist, testified that according to tests administered by several other psychologists, Rogers is “clearly, substantially substandard.”

    Chief Assistant District Attorney Martha Jacobs attacked Ryback’s conclusions, indicating his evaluation, which dates back to 1994, was “pure speculation” — especially because he has never met Rogers and because all the information with which he was provided came solely from Rogers’ own attorneys.

    Jacobs then attacked Ryback himself, having him read aloud to jurors documents that showed he faced a suspended license and probation for having sex with a group therapy patient and using the group to obtain therapy for himself.

    Ryback, Jacobs pointed out, was on probation when he wrote the evaluation on Rogers.

    With Dr. Marc Zimmerman, a psychologist from Baton Rouge, La., Jacobs’ line of questioning focused on the specific qualifications for mental retardation.

    Since Georgia law does not stipulate a specific intelligence quotient as a cutoff, Zimmerman testified, poor school performance and affidavits from Rogers’ family members and former teachers are good indicators of functioning.

    This kind of information translates to poor adaptive skills, he said, including communication skills and the ability to take care of oneself.

    According to Zimmerman, Rogers was only “socially passed” in some grades — he couldn’t necessarily do the academic work — and was never able to hold meaningful, skilled employment.

    Jacobs challenged Zimmerman by asking him why other factors couldn’t contribute to failure in school and whether it seems logical that a 19-year-old — Rogers’ age the last time he held a job — would not necessarily be equipped to perform technical, long-term work.

    Additional witnesses are expected to be called today when proceedings resume at 9 a.m.

    Meetings on river walk planned

    The public is invited to learn about — and comment on — the project.

    08/22/05
    By Alan Riquelmy, Rome News-Tribune Staff Writer



    Romans will get a chance to have their voices heard on a proposed downtown river walk in two public meetings.

    Design firm Jordan, Jones and Goulding will appear at two public meetings to discuss a river walk master plan that encompasses the town side of the Oostanaula River from the South Broad Bridge to the Rome-Floyd County Library. The meetings are scheduled for 7 p.m. Thursday and 9 a.m. Sept. 24. Both meetings will be at The Forum.

    “First, they want to talk about the scope of the project and let everyone know what this is all about,” said Ron Sitterding, Rome’s Community Development director. “The first meeting is more on information for the public. The one in September is geared toward getting people’s ideas on what they want done.”

    Rome has put up some $48,000 for the master plan, expected in October. Sitterding said the river walk will turn what is currently a walking trail into a pedestrian destination. “This is going to involve some detailed plans to build things,” he said.

    Thursday’s meeting won’t involve plans for Rome’s river walk, Sitterding said, though it will feature samples of other projects JJ&G has worked on. The meeting’s purpose is to spur creative thought for September’s meeting.

    The Thursday meeting will take questions about the project on a one-on-one basis, said Rome’s public information officer Jennifer Collins.

    The second meeting will be a workshop, where everyone will put river walk ideas on the table.

    “The real public forum is going to be at the September workshop, where people can present their ideas,” Collins said. “(Thursday’s meeting) is more of an informational kick-start of this program.”

    The first phase of the river walk, which could begin this spring, would focus on the area around the proposed pedestrian bridge, which is planned to connect The Forum’s parking lot with West Third Street.

    The second phase would focus on the Fifth Avenue area and could include a path beneath that bridge, Sitterding said.

    Some $450,000 in Georgia Department of Transportation funds has been allocated for the river walk.

    The money originally was slated for the Mayo Lock and Dam.





    Officials discuss changes they want made to a draft agreement for West Third Street’s redevelopment.


    08/09/05
    By Alan Riquelmy, Rome News-Tribune Staff Writer



    Rome officials got their first look at a draft agreement for the West Third Street project on Wednesday. On Monday they heard recommendations on what to change.

    City Manager John Bennett focused on several points in a memorandum of understanding that he told the West Third Street Development Committee he would like tweaked.

    “I think it’s very critical that we get all the costs captured going in,” Bennett said. “It’s not easy going back for more TAD (tax allocation district) money.”

    Nailing down cost specifics was just one item Bennett discussed Monday. Issues such as control of buildings constructed on West Third and money slated for relocating existing facilities were also broached.

    “We’ve got a lot of decisions to make, and we’ve got to make them in a short time,” Bennett said.

    Originally the City Commission was scheduled to vote on the memorandum Aug. 15, but that vote has been postponed.

    Wednesday’s meeting was the latest step in a plan by local developers Doc Kibler and Delos H. “Dee” Yancey to open up much of West Third Street for development by relocating Barron Stadium near State Mutual Stadium and the Rome-Floyd Tennis Center to Riverside Parkway.

    West Third would be transformed into a multi-use area with retail, residences, medical facilities, parking decks and greenspaces.

    A TAD would finance the stadium and tennis center moves as well as infrastructure improvements and possibly parking decks on West Third.

    TADs provide redevelopment money by allowing the city to issue bonds based off the future property tax revenue of new buildings within the district.

    As the new buildings bring in more property tax, the city pays off the bonds.

    Bennett spent a majority of Monday’s meeting discussing memorandum specifics, such as a restriction on what buildings could go on West Third.

    Under the current draft agreement, nothing prohibits the developers from putting a grocery store or warehouse-style retailer on the property.

    That’s not the type of development the city envisions.

    If a change in the conceptual plan were to occur, Bennett wants the Rome City Commission to vote on it.

    Concerning TAD money, Bennett said 30 percent is allocated to facilities such as Barron Stadium.

    The other 70 percent is slated for infrastructure improvements.

    “The biggest part of it are the parking decks,” Bennett said.

    Bennett also pointed out that only $328,500 has been allocated for the proposed relocation of the gymnastics center and recreation authority offices — currently on West Third.

    That means the city must find existing buildings to move them to or find more money, Bennett said.

    The parking issue in the redevelopment has been on the table for the past several meetings.

    While the document already has the outline of an agreement — the developers would own the decks and the city would lease spaces — Bennett wants a low lease rate assured and more parking for future business in the area.

    “We think there should be more guaranteed rentals for the other buildings,” he added. “We want 60-75 percent of the spaces guaranteed to be leased to businesses.”

    The central parking deck is currently slated for 466 spaces.

    The committee is scheduled to meet again Aug. 17 at 4 p.m., when the full commission is expected to hear updates on the memorandum.

    Monday, August 08, 2005

    Peter Jennings, network anchor, dies at 67

    08/08/05
    By David Bauder, Associated Press Writer


    NEW YORK — Peter Jennings, the suave, Canadian-born broadcaster who delivered the news to Americans each night in five separate decades, died Sunday. He was 67.

    Jennings, who announced in April that he had lung cancer, died at his New York home, ABC News President David Westin said late Sunday.

    “Peter has been our colleague, our friend, and our leader in so many ways. None of us will be the same without him,” Westin said.

    With Tom Brokaw and Dan Rather, Jennings was part of a triumvirate that dominated network news for more than two decades, through the birth of cable news and the Internet. His smooth delivery and years of international reporting experience made Jennings particularly popular among urban dwellers.

    Jennings was the face of ABC News whenever a big story broke. He logged more than 60 hours on the air during the week of the Sept. 11, 2001, terrorist attacks, offering a soothing sense of continuity during a troubled time.

    “There are a lot of people who think our job is to reassure the public every night that their home, their community and their nation is safe,” he told author Jeff Alan. “I don’t subscribe to that at all. I subscribe to leaving people with essentially — sorry it’s a cliche — a rough draft of history. Some days it’s reassuring, some days it’s absolutely destructive.”

    Jennings’ announcement four months ago that the longtime would begin treatment for lung cancer came as a shock.

    “I will continue to do the broadcast,” he said, his voice husky, in a taped message that night. “On good days, my voice will not always be like this.”

    But although Jennings occasionally came to the office between chemotherapy treatments, he never again appeared on the air.

    “He knew that it was an uphill struggle. But he faced it with realism, courage, and a firm hope that he would be one of the fortunate ones,” Westin said. “In the end, he was not.”

    Broadcasting was the family business for Jennings. His father, Charles Jennings, was the first person to anchor a nightly national news program in Canada and later became head of the Canadian Broadcasting Corp.’s news division. A picture of his father was displayed prominently in Jennings’ office off ABC’s newsroom.

    Charles Jennings’ son had a Saturday morning radio show in Ottawa at age 9. Jennings never completed high school or college, and began his career as a news reporter at a radio station in Brockton, Ontario. He quickly earned an anchor job at Canadian Television.

    Sent south to cover the Democratic national convention in 1964, the handsome, dashing correspondent was noticed by ABC’s news president. Jennings was offered a reporting job and left Canada for New York.

    As the third-place news network, ABC figured its only chance was to go after young viewers. Jennings was picked to anchor the evening news and debuted on Feb. 1, 1965. He was 26.

    “It was a little ridiculous when you think about it,” Jennings told author Barbara Matusow. “A twenty-six-year-old trying to compete with Cronkite, Huntley and Brinkley. I was simply unqualified.”

    Critics savaged him as a pretty face unfit for the promotion. Using the Canadian pronunciations for some words and once misidentifying the Marine Corps’ anthem as “Anchors Aweigh” didn’t help his reputation. The experiment ended three years later.

    He later described the humbling experience as an opportunity, “because I was obliged to figure out who I was and what I really wanted to be.”

    Assigned as a foreign correspondent, Jennings thrived. He established an ABC News bureau in Beirut, and became an expert on the Middle East. He won a Peabody Award for a 1974 profile of Egyptian President Anwar Sadat.

    On the scene at the Munich Olympics in 1972, Jennings was perfectly placed to cover the hostage-taking of Israeli athletes by an Arab terrorist group. He and a crew hid in the athletes’ quarters for a close-in view of the drama.

    Jennings returned to the evening news a decade after his unceremonious departure. In 1978, ABC renamed its broadcast “World News Tonight,” and instituted a three-person anchor team: Frank Reynolds based in Washington, Max Robinson from Chicago and Jennings, by then ABC’s chief foreign correspondent, from London.

    Following Reynolds’ death from cancer, ABC abandoned the multi-anchor format and Jennings became sole anchor on Sept. 5, 1983.

    Starting in 1986, Jennings began a decade on top of the ratings. His international experience served him well explaining stories like the collapse of European communism, the first Gulf War and the terrorist bombing of an airplane over Lockerbie, Scotland. He took pride that “World News Tonight,” as its name suggested, took a more worldly view than its rivals. Fans responded to his smart, controlled style.

    “When it’s clearly an emotional experience for the audience, the anchor should not add his or her emotional layers,” Jennings said in an interview with the Star Tribune in Minneapolis.

    Two-thirds of local broadcasters responding to a 1993 survey by Broadcasting & Cable magazine said Jennings was the best network news anchor. Washington Journalism Review named him anchor of the year three straight years.

    With Americans looking more inward in the mid to late-1990s, NBC’s Tom Brokaw surpassed Jennings in the ratings. ABC was still a close No. 2, however. When Brokaw stepped down in November 2004, followed shortly by Rather, ABC began an advertising campaign stressing Jennings’ experience — an ironic twist given how his ABC News career began.

    But ABC was never able to learn whether Jennings could take advantage of his role as an elder statesman; his cancer diagnosis came only a month after Rather left the anchor chair.

    Jennings was proud of his Canadian citizenship, although it was occasionally a sore point with some critics. When Jennings spoke at the dedication of a museum celebrating the U.S. Constitution in 2003, U.S. Supreme Court Justice Antonin Scalia told him, “not bad for a Canadian.”

    Jennings whispered back his secret: He had just passed a test earning him dual citizenship in the United States.

    “My decision to do this has nothing to do with politics,” Jennings told The Associated Press at the time. “It has nothing to do with my profession. It has everything to do with my family.”

    Restlessly curious, Jennings pushed ABC News to use the turn of the century for a massive historical study. He co-wrote a book, “The Century,” with Todd Brewster and anchored a marathon 25-hour special ending Jan. 1, 2000. Jennings and Brewster also traveled the backroads to write “In Search of America.”

    Jennings also led a documentary team at ABC News, which struck a chord in 2000 with the high-rated spiritual special “The Search for Jesus.”

    “I have never spent a day in my adult life where I didn’t learn something,” Jennings told the Saturday Evening Post. “And if there is a born-again quality to me, that’s it.”

    Like Rather and Brokaw, Jennings wasn’t entirely comfortable stuck to a studio. He traveled around the world to cover stories and, when he didn’t journey to Asia to cover the aftermath of the tsunami less than four months before his cancer diagnosis, it was noticed.

    He is survived by his wife, Kayce Freed, and his two children, Elizabeth, 25, and Christopher, 23.

    Saturday, August 06, 2005

    Backed-up mowers leave overgrown roadsides


    The county has three mowing crews working on a rotation schedule.



    08/06/05
    By Lindy Dugger, Rome News-Tribune Staff Writer


    Somewhere on Old Shannon Road off Ga. 53 there is a fire hydrant almost completely obscured from view by weeds that are nearly 6 feet tall. Kudzu and grass are overtaking another part of the road.

    Resident Gary Ingram has a question: Where are the mowers?

    “It looks like a slum up here. There’s rats, mice, snakes and trash everywhere,” he said.

    Michael Skeen, director of Floyd County Public Works, said three mowing crews, each with two mowers and various hand tools, are spread throughout the county working on a rotation schedule. The department tries to mow each road in the county twice a year.

    “As of right now we’d be behind, I’m sure,” said Skeen. “But come fall and on into October and November, we’ll get caught back up.”

    Hand crews do unscheduled work in an area if foliage growth becomes a safety hazard. Skeen said that the department only knows about these areas if they happen to spot them or if people call and report them.

    The weather is partly to blame for the mowing delay. Skeen said excessive rain not only is causing the grass to grow much quicker and thicker than usual, but the rain can also dilute the chemical spray the department uses to hinder weed growth.

    “Between the combination of cutting and spraying we can usually get a handle on it, but this year has been an unusual year,” said Skeen.

    “A lot of areas, even if the weeds are shoulder-high, it might not look nice, but it’s not a safety hazard,” said Floyd County Manager Kevin Poe. “If it is, ... we’ll take care of that.”

    “We are working some overtime to try to get a better handle on it, but you buy two new tractors and hire two new employees and you’re talking about spending easily $80,000,” said Poe.

    Skeen said it isn’t practical to move mowers from one area to another because of a complaint. “Shannon has its areas that are rough, but right now (the area) where the mowers are, it’s just as bad,” Skeen said. “I can show you areas that are worse.”

    The county has six tractors that must cover 1,500 miles of county road twice a year, and sometimes a mower will have to make anywhere between two to four passes in order to get a good cut, Skeen said.

    “We’re fortunate if we can get 20 or 30 miles cut a week. That would be great if we could get 20 miles a week out of one tractor,” he said.

    Skeen said a crew is currently working on Bells Ferry Road in Shannon and estimated it could be two to three weeks before the area is finished.

    Jury: Rogers is competent

    The 12-member panel announced its decision within an hour of deliberations.


    08/12/05
    By Lauren Gregory, Rome News-Tribune Staff Writer



    Herman Poe said he got the best birthday present he ever had Thursday — reassurance that the man convicted in 1982 of raping and killing his mother-in-law will most likely be put to death because a Floyd County Superior Court jury decided he is not mentally retarded.

    A 12-member panel announced its decision in death row inmate James Randall Rogers’ retardation trial within an hour Thursday, ending nine days of proceedings dedicated to determining if Rogers shows “significantly subaverage general intellectual functioning.”

    Rogers — convicted and sentenced to death for the 1980 rape and murder of his 75-year-old neighbor, Grace Perry of Rome, and the assault of Perry’s 63-year-old cousin, Edith Polston — would not have been executed if the jury had found him mentally retarded.

    Poe, who turned 80 on Thursday, hugged Chief Assistant District Attorney Martha Jacobs and the DA’s Chief Investigator, John Harkins, after the verdict was released at 5:25 p.m. “It’s the best (present) I ever had, I guess,” he said with a gentle smile.

    He also hugged Polston’s daughter Judy Carnes, the only other family member, he said, who could hold back emotion enough to sit through proceedings with him day after day.

    For Carnes, the verdict — although not the final word in the case — brings closure to 25 years of court proceedings finally seem possible.

    “It was just a relief,” she said. “We want an end to it. It’s just been going on for so long. (Rogers will) have an appeal, but at least this is a step in the right direction.”

    Jacobs, too, had to wipe her eyes. “I’m relieved,” she concluded after retreating back to her office. “You have to look back at what he did to the victim.”

    During mental retardation hearings, jurors are not permitted to know anything about a petitioner’s criminal history. That made it “very difficult,” she said, to try Rogers’ mental retardation case without revealing that he is imprisoned in Jackson and that he allegedly killed Perry very brutally, “stabbing, tearing and puncturing” her body with the handle of a garden rake.

    But jurors outside the courthouse Thursday said testimony from several expert witnesses and letters written by Rogers himself were enough to make their decision about his mental capacity easy.

    “We considered all the evidence that was presented to us, and we came to a decision,” said juror Judy Mantooth of Rome. “There were no opinions involved at all. It was just based on the evidence.”

    Compelling new evidence surfaced in the case Thursday afternoon, when specially appointed Senior Judge Tom Pope allowed the state to admit into evidence a letter written by Rogers in 2001 to the now retired Superior Court Judge Robert G. Walther.

    In the letter, Rogers explained he did not want a mental retardation hearing because his “innocence is moot in such proceedings.” According to Rogers, his attorneys asked him to “cheat” on intelligence tests by purposely getting low scores.

    “I am not mentally retarded,” the letter stated. “I proved that in Floyd County court, so why would these attorneys claim otherwise?”

    Rogers’ attorneys called their client’s former defense attorney, Thomas Dunn of Atlanta, to rebut those claims. After reading the letter, along with a similar piece of correspondence written in 2003 aloud to jurors, Dunn announced that Rogers’ accusations were false.

    Dunn also suggested the possibility that “jailhouse lawyers” could have helped Rogers express himself better in the letter than he could have on his own.

    But in her closing statement Thursday, Jacobs explained to jurors that the letters told “the rest of the story,” fleshing out the “borderline” IQ scores Rogers’ attorney Jimmy Berry insisted meant “intellectual functioning that is subaverage.”

    “We’re talking about the difference here between could and would,” Jacobs said.

    Friday, August 05, 2005

    Flag trampling upsets students, parents

    Model High School teacher Rob Hall used the demonstration as part of a civics class for freshmen.


    08/05/05
    By Marc Dadigan, Rome News-Tribune Staff Writer
    Respond to this story



    A Model High School teacher’s lesson on the First Amendment that included him throwing the American flag to the ground and trampling it has outraged some parents and students but brought fellow educators to his defense.

    At the beginning of a Wednesday civics lesson with a class of about 25 freshmen, Rob Hall threw the classroom’s flag to the ground, stomped on it and told the students “some people only see (the flag) as a piece of cloth,” according to Principal Glenn White.

    “I don’t want the community to think we disrespected the flag,” White said. “We want to let our students know about other points of view while encouraging them to be patriotic.”

    White, who spoke on Hall’s behalf, said the teacher told him he wouldn’t be doing the demonstration again.

    That is what Floyd County resident Frank Cronan wanted to hear. His stepdaughter is a student in Hall’s class, and he was outraged when she told him of the incident.

    “He shouldn’t be teaching my kids to throw the flag on the ground,” he said. “I’m just worried about his beliefs. I’m wondering what else is he going to teach my kids?”

    Superintendent Kelly Henson said Thursday afternoon he was unaware of the incident but was concerned about what reportedly happened.

    “I would be concerned if anyone, whether they meant for the perception to be this way or that way, besmirched or belittled the American flag,” he said.

    Hall will continue to teach the civics class, White said, and Henson said he would have to look into the incident before deciding if any disciplinary action is necessary.

    “We would have to look at the specific actions and what the intent was,” he said.

    Other history teachers said they understood why Hall abused the flag in his class, even if they wouldn’t have done the same.

    “There’s definite value in playing the devil’s advocate, to get the students to hear and see opinions other than their parents’,” said Scott Wilson, social studies department chair at Armuchee High.

    Calling Hall an excellent teacher, Randy Vice, the social studies department chair at Coosa High, said he would give Hall the benefit of the doubt.

    “Only he knows what motivates his students, and it is definitely an illustration of free speech,” he said. “But I personally would never do that.”

    Cronan added the incident wasn’t any easier to accept given that 11 members of Georgia’s 48th Brigade Combat Team have died serving in Iraq during the past few weeks.

    “There are people who have died for what the flag symbolizes, and people who are dying for the flag in Iraq,” he said. “I just want to make sure this doesn’t happen again.”

    Whether the rights to freedom of speech should include actions such as Hall’s have long been debated. Most recently a proposed amendment to the U.S. Constitution that would ban flag desecration was passed by the U.S. House of Representatives in June, but prognosticators doubt whether it will pass muster in the Senate.

    Gas prices burn Romans

    08/05/05
    By Bucky Chapman, Rome News-Tribune Staff Writer



    Randy Brock of Rome pumps gas Thursday at the Coastal Shell station on Redmond Circle, where the price was $2.18 per gallon. Prices jumped as much as eight cents Thursday. Bucky Chapman / RN-T
    Gas prices jumped as much as eight cents for regular unleaded on Thursday, leaving some people at the pumps shocked, discouraged and disgusted.

    Drivers were paying as much as $2.29 per gallon at some Rome stations.

    Rome’s Curt Melton, who stopped by the Kroger gas station and ended up putting $13.73 in his Cadillac, said the raise makes him feel helpless. Unleaded gas at the station was $2.21 per gallon.

    “It’s depressing because we have no control over it,” he said. “Every time it rises I have to drive less and less.”

    Like Melton, Monica Wagner, also of Rome, said the higher prices cripple her traveling plans. Wagner, who pumped $4 in gas at the BP station on Martha Berry Boulevard, said she was driving a rental car because she had to trade in her Pathfinder because of the steep prices.

    “It’s extremely discouraging,” she said. “I had to get a smaller car because I couldn’t keep filling (my SUV) up for $30 or $40.”

    The price for unleaded at the BP was $2.17 per gallon.

    Drivers from neighboring towns were surprised by the increase as well. Glenda Adam of Cedartown said she was shocked when she pulled into the Kangaroo gas station on U.S. 27 near Floyd College where unleaded gas was $2.21 a gallon.

    “It’s ridiculous,” she said, filling up her Dodge Caravan and paying $36.66. “But I need gas to drive around.”

    The price also surprised Jeri Griffin, a Kangaroo station clerk. “I couldn’t believe it was higher from when I left last night and came in this morning,” she said.

    Business at the Kangaroo station isn’t slowing down despite the price change, according to Griffin.

    “We stay busy all the time,” she said. “The only thing it changes is people complain more.”

    Business at Rhonda’s gas station on Turner McCall Boulevard, however, was slower early Thursday.

    “No one wants to get out and spend the money, and when they do they buy less gas,” said Firoz Lakhani, a store clerk. “The prices are just too high.” Unleaded gas was $2.29 per gallon.

    The rise, he said, has led to fewer customers coming in to purchase items other than gas. “We’re a small store, and with the prices rising it is harder for us to keep buying more stock,” Lakhani said.

    The raise, however, wasn’t too big of a surprise to Randy Brock of Rome.

    “There’s nothing you can really do about it,” he said. “It just makes me not want to drive much.”

    The $10 worth of gas he put into his Honda Civic at the Coastal Shell gas station on Redmond Circle, where unleaded gas was $2.18 per gallon, will be a damper on his traveling plans, Brock said.

    “I won’t be getting very far on this much gas.”

    Thursday, August 04, 2005

    Upgrades at Forum near

    New dressing rooms, showers at facility will cost county $246,600


    08/04/05
    By Diane Wagner/Rome News-Tribune Staff Writer



    Construction is expected to start this month on new dressing rooms aimed at attracting more events to The Forum.

    “This should put us in good standing with everybody,” said Brent Poplin, manager of The Forum. “It’s a marketing point to the Georgia High School Association and other promoters of sporting events and concerts.”

    Poplin said the Georgia High School Association —with its wrestling and basketball tournaments — has been one of The Forum’s biggest clients. But teams often have to cram into meeting rooms or other makeshift spaces when the two single-shower locker rooms in the basement are full.

    After several years of talks and seven months of price negotiations the Floyd County Commission agreed in July to spend $246,600 on upgrades.

    “If they start right away, it can be done before we get too far into (the season of) basketball and school sporting events,” Commissioner Jerry Jennings said.

    Rome-based Pinson’s Inc. was the low bidder on the project, which will add two dressing rooms, each with four “gang-style” showers. The areas on the upper left and upper right sides of the arena are being used for storage now, but $52,400 of the money will go toward replacing the lost space.

    “The storage will be two pods on the river side of the building that will blend in with the exterior,” Assistant County Manager Sammy Rich said.

    Commissioners cut the original low bid by $31,800 by eliminating dehumidifiers, decorative mosaic tiles and observation decks on the tops of the locker rooms. They also dropped plans for more bleachers that would have cost $89,000.

    “We can add the other items later, if we decide to,” said Commissioner Tom Bennett, who started working with Pinson’s and architect Mike Page in February to bring down the $278,400 original bid.

    Page said the rising cost of steel, plus internal plumbing and electrical changes required by the additional showers, made it impossible to cut any more from the bottom line.

    Poplin said he will be meeting soon with Page and representatives with Pinson’s to arrange a construction schedule. The two small locker rooms will remain available, and the work is not expected to disrupt any large events, he said.

    “Even if it does,” he said. “It will show people we’re improving.”

    Developers talk numbers

    The West Third group estimates the project will cost some $20 million.


    08/04/05
    By Alan Riquelmy/Rome News-Tribune Staff Writer


    The proposed construction of a new Barron Stadium and other public facilities near State Mutual Stadium is expected to cost some $20 million, city officials heard Wednesday. The city’s West Third Street Development Committee heard cost numbers during a meeting with Northwest Georgia LLC.

    Northwest Georgia LLC’s project proposes the construction of a new Barron Stadium and other public facilities near State Mutual Stadium as well as tennis courts on Riverside Parkway.

    The West Third Street area where the tennis courts and stadium now sit would be redeveloped into a multi-use area with a proposed cancer center, retail stores, residences and greenspaces.

    Before digging into the details of a draft memorandum of understanding between the city and Northwest Georgia LLC, Blaine Williams, a project manager with Adams, a capital planning and development firm, broke down the costs and values of private and public facilities included in the plan.

    “This is not about a project we would do haphazardly,” said Doc Kibler, a Northwest Georgia partner.

    “It’s been a monumental task in putting all the intricacies of this project on paper. We’ve got more than just a calculated risk here.”

    “There’s been an awful lot of activity on these recently,” Kibler said of those interested in buying the redeveloped property. “We’ve had lots of folks coming through the door.”

    The committee is scheduled to meet again Monday at 4 p.m. to continue discussion.

    A Tax Allocation District is expected to raise some $20 million for the construction of facilities such as Barron Stadium and a tennis center. It would also fund the relocation of the Rome-Floyd Parks and Recreation Authority offices to land next to State Mutual Stadium from the authority’s existing West Third Street location. A TAD enables the city to sell bonds based off future property tax revenue of developments within the district — currently slated to encompass The West Third area, a portion of Riverside between the Rome Senior Center and the state Department of Family and Children Services building and land near State Mutual Stadium. Revenue from the bonds will then be used to construct public facilities, while the TAD revenue will go toward paying off the bonds.

    Though Williams cautioned that the figures he provided are only estimates, a relocated Barron Stadium is expected to cost close to $4 million. As part of the memorandum, Northwest Georgia would supply $1 million of the cost. The stadium is slated for completion Aug. 15, 2006.

    The tennis center is expected to cost $1,432,566, which would build 20 courts on Riverside Parkway. The existing Rome-Floyd Tennis Center on West Third has 16 courts.

    Money for the courts would come from the bonds, though grants could provide enough money for 32 courts. However, like the numbers, the additional funding isn’t set in stone.

    The remaining costs, which include streetscape work, greenspaces and $166,000 for the city and developers to recoup money already spent toward the project, push the construction estimate up to $18,646,516 during six years. About another $1.5 million is required for financing costs.

    Williams also provided estimates for how much West Third private development would be worth. A cancer center would be valued at $16.5 million, while a levee-side hotel would be valued at $9.625 million.

    Residential lofts would be worth $2 million.

    No TAD money would go toward private development.

    Before the project can move

    forward, the city and Northwest Georgia must agree on the memorandum of understanding.

    “Another vital part is the construction of a pedestrian bridge over the Oostanaula River,” said Atlanta-based attorney Gregory Randall, who helped draft the memorandum.

    The bridge, which would span the river behind The Forum, has already been bid out unsuccessfully three times in the past six years. The fourth bid opening is scheduled for Aug. 25.

    A $1.2 million Georgia Department of Transportation grant was given to the city for the bridge in 1999, though the DOT removed it in March. State transportation board chairman David Doss, who lives in Rome, has said he will reinstate the funds if an agreement on the West Third project between city and developers is made.

    Other conditions for the project include a shared parking agreement between the city, Floyd County and Rome Braves at the State Mutual Stadium site as well as rezoning West Third parcels.

    Wednesday, August 03, 2005

    IG finds cracks in Medicaid's verification system

    08/03/05
    Associated Press



    WASHINGTON (AP) — A majority of states don't verify claims of U.S. citizenship by those seeking Medicaid, which creates the potential for illegal immigrants to access the health care program, an inspector general's report has found.

    ``The quality assurance checks aren't there. That's how we see it,'' said Jodi Nudelman, an acting regional inspector general for the Department of Health and Human Services. ``And it's our sense the people may not be aware of that.''

    Federal law says that, with a few exceptions, a person must be a citizen to receive Medicaid benefits. States can accept a signed declaration as proof of U.S. citizenship. Forty-six states do.

    Only Montana, New York, New Hampshire and Texas require applicants to submit documents verifying citizenship.

    Of the states that allow self-declaration of citizenship before accessing Medicaid, 27 did not conduct subsequent auditing that would verify an applicant's statements were true.

    One reason the federal government allows for self-declaration of citizenship with Medicaid is that it speeds access to health care.

    The inspector general's report does not address to what extent there is a problem with illegal immigrants accessing Medicaid, only that the potential exists. Only one state, Oregon, has conducted an audit to determine how often ``noncitizens'' gained access to Medicaid.

    Oregon's secretary of state reviewed a sample of 812 applications in 2002 and found that 25 were not citizens. The state estimated that it would cost an additional $2 million if 1 percent of the Medicaid rolls are not citizens.

    The Centers for Medicare and Medicaid Services responded that it agreed that states should have systems in place to ensure the citizenship of applicants. However, it also noted that the IG's report raises only a potential problem.

    ``The report does not find particular problems regarding false allegations of citizenship, nor are we aware of any,'' CMS officials replied.

    In some cases, newly arrived legal immigrants, as well as illegal immigrants, can lawfully access Medicaid, but such coverage is greatly limited to emergency care.

    Regents taking yearlong look at graduation

    08/03/05
    Associated Press


    ATLANTA (AP) — Are students taking too long to earn a degree in Georgia colleges and universities? Some leaders of the university system think so, and one believes the state should consider offering financial incentives to students who take heavier course loads.

    Reduced tuition rates or cash grants to those who graduate in four years might be one way to encourage students to view college as a four-year course of study rather than taking six years to get an undergraduate degree as many now do, said Tim Shelnut, the new chairman of the Board of Regents.

    ``We've got to create some excitement among our students where they feel like they're benefiting financially,'' Shelnut said Wednesday as the board concluded its two-day monthly meeting.

    Shelnut told the board earlier that improving the system's retention and graduation rate will be a focus of his term as chairman, and during an extensive briefing Wednesday, the board got a look at the state's lagging graduation picture compared to the nation's.

    The national graduation rate for students who entered college in 1997 and graduated in 2003 was 54.3 percent. The graduation rate for the university system in Georgia was 50.3 percent.

    Besides improving the graduation rate, however, university system leaders want students to complete their course work faster.

    In the past, an undergraduate degree was considered four years' worth of study but ``six years is the national benchmark now,'' Chancellor Tom Meredith told the board. ``That's how this thing has slipped. What we want to do is shift it back.''

    The reason, he said, is economic.

    ``Some people think we like to hold onto them so that we will have more tuition and all those kinds of things. Not true. We need their seats. We can't build buildings fast enough. We need their slots in these classrooms, and we need them out there being taxpaying citizens,'' Meredith said.

    In the coming year, the board and university system officials plan to examine ways they can improve the graduation rate and encourage students to finish faster, but they acknowledge many students may not want to increase their course load for fear the extra work would jeopardize their grades and cost them their HOPE scholarships.

    The board did not name an interim chancellor on Wednesday, as it had been expected to do. Shelnut said a consultant still is preparing a job description for the position.

    Meredith, who ran afoul of Gov. Sonny Perdue last year over university system funding issues, is leaving to become higher education commissioner in Mississippi.

    However, the board did hear from the search firm it has hired to help find a permanent replacement. Under a timeline submitted to the board, initial candidates would be identified in mid-October and five finalists would be submitted to the board for interviews in mid-November.

    Tuesday, August 02, 2005

    Bush signs trade bill, capping bruising battle and close vote

    08/02/05
    Associated Press



    WASHINGTON (AP) — President Bush signed a hard-fought free trade pact with five Central American nations and the Dominican Republic on Tuesday, saying the measure would ``advance peace and prosperity throughout the region.''

    Bush's signature at a ceremony in the East Room of the White House put the final touch on the Central America Free Trade Agreement, a measure approved by Congress last week with just a two-vote margin in the House after a bruising battle over the future of U.S. trade policy.

    That 217-215 vote handed the president an important political victory after months of intense lobbying by the president and his trade officials.

    ``CAFTA is more than a trade bill,'' Bush said. He said the measure would help strengthen fragile young democracies in Latin America — and show those countries that the United States would stand by their side.

    Joining Bush at the signing ceremony were congressional sponsors of the pact and committee leaders and diplomats from the countries that are part of the pact.

    The agreement, with Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and the Dominican Republic, removes trade barriers and opens up the region to U.S. goods and services. It also takes steps to facilitate investment in the area and strengthens protections for intellectual property.

    ``The bill I'm about to sign is good for America,'' said Bush.

    The measure drew heavy Democratic opposition as well as some GOP defections. Critics argued that it would send more U.S. jobs overseas, although Bush said it would open more markets in the region to U.S. goods.

    The president has also cast the measure as an important component of his second-term vow to spread democracy and freedom throughout the world to combat terrorism.

    ``I welcome the opportunity to make our nation more secure by strengthening our ties with democracies that share our belief in free markets and free governments,'' said Bush.

    Bush, in his final push for passage last week, also emphasized that CAFTA was in the national security interests of the United States because the economic partnership would reinforce democratic governments in an area that until recently was torn by civil war and political turmoil.

    While the economic impact for the United States is modest — exports to the region are now about $15 billion out of total U.S. exports in goods and services of about $1 trillion annually — the agreement became the medium for a fierce debate over trade policy.

    Democrats overwhelmingly opposed CAFTA, arguing that free trade agreements negotiated by both the Clinton and Bush administrations prompted the flight of American jobs overseas. They also said the labor rights provisions in CAFTA were too weak to protect workers in impoverished Central American countries from exploitation.

    Dozens of Republicans either agreed that free trade deals endangered U.S. jobs or felt that CAFTA was a threat to the sugar or textile industries in their districts.

    Bush and his top trade officials, led by U.S. Trade Representative Rob Portman, concentrated on these Republicans, offering several side deals to protect the sugar and textile industries and appealing to them to put the interests of the nation, and the party, above parochial concerns.

    The outcome was in doubt until after midnight last Wednesday, with GOP leaders holding the 15-minute vote open for more than an hour while they negotiated with wavering members. In the end, 27 Republicans opposed the legislation and 15 Democrats supported it.

    The participating nations signed the agreement in May 2004, and the Senate, generally more sympathetic to trade agreements, passed the bill implementing the agreement last June.

    Three countries — El Salvador, Guatemala and Honduras — have ratified the pact, which will go into effect as soon as those countries and the United States agree on a date. The other three countries have two years to approve it.

    Since Bush took office, Congress has signed off on free trade agreements with Jordan, Singapore, Chile, Australia and Morocco. None of those accords faced the difficulty of CAFTA, mainly because the poverty in some CAFTA countries made labor rights a more sensitive issue.

    Congressional rejection of CAFTA could also have made it more difficult for the administration to negotiate and win approval of other trade agreements. Next up could be a free trade agreement with Bahrain, followed by others with Thailand and Andean countries.

    Portman went directly from his CAFTA victory to Geneva, where the United States is trying to advance World Trade Organization talks, known as the Doha round, to reduce global trade barriers. Also on the agenda is an effort to come together on a free trade agreement encompassing the entire Western Hemisphere.

    Monday, August 01, 2005

    Lawsuit targets freeze on property tax

    The suit alleges that homestead exemptions — including one in Rome and Floyd — are unconstitutional.


    08/01/05
    By Alan Riquelmy, Rome News-Tribune Staff Writer



    Longtime homeowners in Rome and Floyd County could see higher property taxes if a Dade County lawsuit prevails — a likely possibility, said one ACCG official.

    According to Clint Mueller, legislative director with the Association County Commissioners of Georgia, 16 cities and 28 counties with property assessment freezes would have local laws crossed off the books pending a decision expected this fall in Dade County Superior Court.

    “All those homestead exemptions will probably be ruled unconstitutional because they violate the uniformity provision,” Mueller said. “You’re treating people differently. We think that the court will rule in favor of the suit.”

    An assessment freeze essentially stops inflation from affecting local property taxes. If the value of a home rises because of inflation, the homestead exemption given to homeowners who live in their residences rises to offset the assessment increase.

    When property changes hands, though, a new assessment occurs and taxes are then levied based on the new, typically higher number. That means long-term homeowners pay less than those who purchased their homes in the more recent past.

    That difference is the crux of Rossville-based attorney Christopher Townley’s suit against Dade County’s property tax freeze.

    “The Georgia constitution requires uniform taxation of the same class of subjects within a county,” Townley said. “It’s some really basic issues — just fairness. The trick is, you come in and buy a piece of property, you’d check the tax record and see the owner is paying $1,000 in taxes. You buy the property, and boom, you’re paying $2,000 in taxes.”

    Townley filed the suit August 2004 — the only such challenge of its kind, Mueller said — on behalf of property owner and former Dade County Commissioner Rex Blevins. If it proves successful, tax freezes across Georgia could become unconstitutional, excepting Columbus.

    Columbus’ tax freeze was created by local legislation that amended the state constitution before the current constitution, which prohibits local amendments, became effective.

    Tax freezes such as the ones in Floyd and Dade counties were created by a local referendum, not a state amendment.

    The elimination of Rome and Floyd County’s tax freeze wouldn’t affect its operations, officials said. Since the freeze became effective in 2003, the county has lost $1,743,360 in revenue.

    “It really hasn’t had any major effect on our budget,” said County Manager Kevin Poe. “At this point and time, it’s not having any impact in the county.”

    Lower taxes do not lessen the tax burden for long-term property owners, said Mayor Ronnie Wallace. It only shifts it onto businesses, industries and renters.

    A sudden increase in the tax digest could mean a lower millage rate for county residents, Poe said, since the Floyd County Commission could adjust the rate to collect only what it needs.

    Mayor Ronnie Wallace agreed. Rome has lost $424,040 in revenue since the freeze became effective, though Wallace said the city would lower its millage rate instead of collecting the additional money.

    “Our intent would be to only fund the budget,” Wallace said.

    City Manager John Bennett echoed the sentiment.

    “If it wasn’t for the exemptions, our millage rates would be lower,” he said.