Here is a recap of the skirmish to date: in 2004, Snellville voters approved a referendum authorizing the City Council to adopt an ordinance allowing and regulating liquor by the drink. The Council adopted the ordinance, but the majority at the time refused to allow Sunday sales, saying that the referendum didn’t specifically address the question.

Fast forward to 2009. The Council voted to authorize a second referendum specifically directed at Sunday sales, but a miscount of days by the city attorney (there must be 40 days between the calling for a referendum and the vote) prevented the Council from putting the question on the November ballot.

The November vote also changed the face of the Council. Now, there is a majority that appears to favor liquor sales on Sunday. Under the advice of the same attorney that bungled the count, the new Council voted in December to allow Sunday sales by simply amending the original ordinance.

A group of Snellville residents sued to prevent the city from moving forward. Last month, Judge Mark A. Lewis ruled that the city acted improperly and that the handful of liquor licenses that were approved after the December vote must be revoked.

I believe that the judge interpreted state law correctly. I also believe that the law the judge upheld is improper and should be rescinded.

The wording of the referendum on `liquor by the drink` that passed in Snellville on November 2, 2004 reads:

“Shall the governing authority of the City of Snellville, Georgia be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?”

This is the only referendum on the topic that has been approved. When this ballot issue passed, the City Council was authorized to create an ordinance governing LBTD. There were no restrictions on their authority except that the liquor must be consumed at the place in which it was sold (no package stores). The city could have adopted an ordinance that prohibited LBTD on certain days; prohibited it during certain hours; or even prohibited specific liquors in specific amounts.

In fact, the referendum only authorized the city to adopt an ordinance if it chose; it did not mandate it.

However, there is a statutory restriction on the days and times that liquor can be sold (that being, not on Sunday and not between midnight and 12:30 pm); a restriction that can only be overcome by the approval of a specifically-worded referendum. Georgia law on the topic is clear and unambiguous. OCGA 3-3-7(j)(1) reads:

“Notwithstanding any other provisions of law, in all counties or municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises, the governing authority of the county or municipality may, by resolution or ordinance conditioned on approval in a referendum, authorize the sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 pm until 12:00 midnight.”

Although I am not an attorney, the meaning of the law seems clear. Liquor can be served by the drink on Sunday only if approved by the voters in a referendum. It appears that the question of Sunday sales MUST be a separate and expressed question; not just assumed with the approval of a general referendum question on LBTD.

It seems that the City had/has two options in 2004 and thereafter:

1) In 2004, the wording of the referendum could have authorized the sale of liquor on Sunday, Snellville lying within a county “in which the sale of alcoholic beverages is [already] lawful for consumption on the premises….”. Perhaps, in hindsight, it need not have been a general question of “liquor by the drink”. (Someone might argue that, even though the county authorized LBTD, that did not automatically give the city the right to authorize it without its own referendum; that may be correct);

2) In 2004, the wording of the referendum could have authorized BOTH the sale of liquor by the drink generally AND the sale of liquor on Sunday. There could even have been TWO ballot questions with Sunday sales contingent on the approval of the general LBTD referendum;

3) Having permitted liquor by the drink generally in 2004, the Council could now hold a second referendum requesting authorization to adopt an ordinance allowing Sunday sales.

I have never checked to see what other jurisdictions have done. It would be interesting to see how it was handled elsewhere.

The city’s failed argument was based primarily on technicalities… that legal motions were not properly certified and/or filed, for example. The city’s attorney also tried to argue that one part of the above-cited state law allowed the city to authorize liquor on Sunday by ordinance, even when the remainder of the same code section prohibited Sunday sales without a specifically-worded referendum. However, courts generally assume, as a matter of precedent, that laws do not conflict with other laws; and certainly that the State Legislature did not intend that one section of this code should conflict within another part of the same code section.

It’s a common belief that attorneys make an argument on technicalities only when the facts are not on their side.

The city plans to appeal the judge’s decision. From the Mayor’s Tuesday press conference:

“In these economic times, we owe it to our businesses, and the people they employ, to do everything within our power to allow them to compete on a level playing field with others in Gwinnett County. Over the past few weeks, our restaurants have seen as much as a 65% increase in their overall sales on Sunday. We cannot ignore this proof of the economic impact this extra day has had on our City.”

I am all for economic growth… God knows, we need it right now. But economic growth must never justify ignoring the law and personal freedom. That’s the same thinking that brought us Kelo v. New London, which sanctioned the taking of real property via condemnation to turn it over to a developer solely to enhance the tax digest.

There should not be a law restricting the sale of alcohol on Sunday in the first place. I want to live in a county in which adults are not prohibited from exercising their freedom to pursue happiness, even if that includes a bourbon and Coke on Sunday. However, I cannot ignore a clear reading of the current law that appears to require a specifically-worded, maybe even separate referendum to allow Sunday sales.

It seems silly to me that opponents make the argument for “keeping the Lord’s day holy” while railing against the insidious spread of Islam across the globe. The same Constitution that protects my pursuit of happiness also prevents the government from imposing anybody else’s morality on me. The “no Sunday sales” crowd decries the imposition of Sharia law on the masses, but has not  no problem with the use of government force to impose “Baptist law” on everybody.

(That said by a born again, Spirit-filled Christian who appreciates that the Founding Fathers ensured my freedom to worship the God of my choice by limiting the power of the government, whether the laws are being made by Muslims or by Baptists….)

(Whew! Now, I need a drink. What day is it?)

I welcome a dissenting opinion on the law from an attorney. We’ll publish it right here. Non-attorneys can post their comments below (free user account required).

[Update: I have published a more detailed analysis of the legal issues in the TalkGwinnett.net discussion forum.]

Gwinnett business owners come together at Peters Path Store to discuss Haiti fundraiser. Shown left to right, Emory Morsberger and Christine Crowley Peters, Peters Path Store

In the wake of last month’s tragic earthquake, Christine Crowley Peters, President of Peters Path Store, an online women’s boutique, which opened it’s first location in Historic Lawrenceville last fall, has spearheaded a fundraiser to help the children of Haiti.

The benefit, “HelpHopeLove” on February 27, 7-10 at Sperata’s in Lawrenceville, will be a wine tasting hors d’oeuvres extravaganza, with live music and dancing from the National Champion Southern Belles dance team. Proceeds from the ticket sales and live & silent auction will go to “Love A Child,” a children’s orphanage in Haiti. Other key sponsors for the event are redevelopment specialist, Emory Morsberger and Heather Kohberger, owner of Clogging Connection at City Center Dance.

While Peters’ boutique already donates to charity a percentage from every sale of jeans or t-shirt, throwing a fundraiser is new to her. “When I first heard the story break about Haiti, it was absolutely horrific to me,” explains Peters. “I knew I wanted to help somehow, but wasn’t able to find any local way that I could get involved in at that time. I thought if I can’t find one to be a part of, I’ll create one myself. I’ve never planned a fundraiser or event like this, but told myself I’d figure out how.”

Not being one to wait for things to happen, Peters called for a 10 a.m. meeting at her boutique the next day. In attendance and joining on as organizers were entrepreneurial women Antoinette Lopes, Sharna Fulton, Karen Turner, Lizzie Jaeger, Tami Reed, Heather Kohberger and Jennifer Morsberger. “It’s incredible how everyone pitched in so quickly to make things happen — from getting the word out to selling tickets to obtaining items for the auction,” says Peters. Then again, ask Lizzie Jaeger, a personal fitness trainer. “Christine’s enthusiasm is contagious. She has a way of making everyone want to be a part of something bigger than themselves.”

When asked why the fundraiser was for Haiti’s children, Peters responded adamantly “Why not! I’m sad when I think about children not having a family to come home to, hug, cook with, sit next to and know they are loved unconditionally,” explains Peters. By witnessing firsthand the incredible work done in an orphanage, I have taken mission trips to for 3 years in Mexico, It motivates me to help any orphanage in any way I can.”

Tickets to “HelpHopeLove” are 40.00 each and are available online at Peters Path Store. For more information, click here to visit the event’s blog.

Peters Path Store (PPS) is an online and brick and mortar boutique in Lawrenceville, GA aiming to make the world a better place. PPS is more than a shop for women’s latest hot fashions, organic clothing, accessories and home goods. The company promotes socially responsible shopping and creates awareness for causes such as “Love A Child.”

Love A Child is a 501(c)(3) non-profit Christian Humanitarian Organization and a Private Voluntary Organization (PVO). Love A Child is member of the Evangelical Council of Financial Accountability (ECFA), which has the highest standards of accountability for non-profits. They also have the Independent Charities of America (ICA) “Best in America” Seal of Approval. Love A Child is working to reduce the poverty in Haiti.

For more information or to donate silent auction items, please email Christine Crowley Peters: Christine@peterspathstore.com or call 770-910-7722

But what can I do?

Get educated.  Become involved.

If you made a New Year’s Resolution to become more politically aware and involved then Gwinnett is the place for you.  There are a number of excellent active Conservative organizations throughout the County.  Here are some of the leaders.

Gwinnett Republican Party

Certainly one of the largest conservative groups in the County, the Gwinnett Republican Party is an organization of dedicated citizens focused on advancing conservative principles and electing Republican candidates to office.  “This is one of the most important election years in our lives,” said Gwinnett GOP Chairman Chuck Efstration.  “We have a targeted campaign strategy for 2010 to ensure that every volunteer hour given or dollar donated to the Gwinnett GOP will have a direct impact in our local elections.”

Probably the best way to learn about the group is to visit one of their Saturday morning breakfast meetings.  Each month they have different key policy makers from the County, State or even the Federal government giving updates and answering questions.  These meetings are very visitor friendly, very well attended, and are your chance to meet all the people you read about in the paper.

www.gwinnettrepublicans.com
770-925-8683

Conservative Republican Women (CRW)

Conservative Republican Women is just what the name implies.  They seek to help Conservative Republicans win in General Elections; they work on various campaigns, volunteer and lobby for conservative legislation at the Capitol, pray for ALL elected officials and enjoy terrific fellowship with likeminded women.  Husbands are welcome too!  They meet monthly at the Magnolia Bakery Café in Norcross where they enjoy snacks and educational presentations.

www.conservativerepublicanwomen.org
678-482-7611

Georgia Tea Party Patriots and Freedom Works

With over 60,000 Facebook fans, Tea Party Patriots is “… a group of ordinary people reclaiming Americas’ founding principles.”  They promote fiscal responsibility, constitutionally limited government and free markets.  The National Coordinator, Debbie Dooley, as well as the Georgia co-coordinator (Julianne Thompson) both live right here in Gwinnett County, and are actively organizing and promoting Tea Party events across the County.  This group works with Freedom Works (founded by former Majority Leader Dick Armey) to recruit, educate, train and mobilize volunteer activists to fight for less government, lower taxes, and more freedom.

www.teapartypatriots.org
www.freedomworks.org
404 798 4663 (Julianne)
404- 625 4986 (Debbie)

Americans for Prosperity

Americans for Prosperity (AFP) is a national organization that promotes fiscally responsible and limited government by educating and involving everyday citizens at the local level.  The activities of County Commissioners, School Boards, local, state and national elected officials are examined, questioned and affected by keeping the citizenry informed and involved in their government.  AFP has a local Gwinnett Chapter that meets monthly for dinner and discussion of topics of local interest.  AFP Gwinnett offers a comfortable and friendly environment to keep abreast of what is happening in Gwinnett County and to meet the leaders who are shaping the future of the county and the state.  Charles Grizzle (getrealgrizzle@gmail.com) is the local contact.
 
www.americansforprosperity.org
770-331-3988
On Facebook; “AFP Gwinnett GA”

Constitution Committee

As you become active in the politics of our country you should familiarize yourself with the Constitution and understand how it chains and binds the “nature of man” in our government.  But the Constitution requires personal responsibility and the vigilance of an educated populace to produce adequate representation.  Contact the Constitution Committee as they look to the quotes and writings of our Founding Fathers for more insight.  The primary contact is Pete Hendrickson.

www.teachtheconstitution.org
peterhenrickson@yahoo.com
The Sons & Daughters of the Founding Fathers

The Sons & Daughters of the Founding Fathers is dedicated to advancing the ideals upon which this country was founded and protecting the unalienable Rights endowed upon us by our Creator. They are guided by the Declaration of Independence, the Constitution and the 8 pillars of a Responsible Government. Their focus is to hold our local, state and federal governments accountable to the citizens, to the core values of our society, and to govern by the rule of law in a Constitutional Republic.  They are looking for like-minded citizens for membership and to find qualified candidates for election to local, state and federal offices. They are bound by a deep respect and love for this country its citizens and want to preserve and guide the future of this great Country as our Founding Fathers originally intended; beginning within the local community.

Steve Ramey
steveramey@bellsouth.net

This is the second article in a series on churches who are doing good in Gwinnett. Read the first here.

While many churches are slashing budgets, laying off staff, and discontinuing free donuts before the service, 12Stone Church in Lawrenceville, GA spent $350,000 this Christmas on single moms. Did they do this because they have discovered an unlimited ATM located beneath their beautiful campus? Absolutely not. Nor did Richie Rich donate the funds to do it. 12Stone did it because they profess and practice “giving ourselves away.”

The massive giving program consisted of three phases: The Kindle Program, Gift Cards, and Special Assistance.

Kindle Program

12Stone hosted a program called “Kindle” (which is based on an old prayer – “Increase my faith, strengthen my heart, and kindle my love”) in which single moms and their kids were invited to the church to attend a dinner and program. 365 moms and 630 kids from within the church community attended (no word on how many pets were in attendance). While the kids were involved in a program of their own, the moms were treated to a nice dinner (no mac and cheese!) and inspirational service. After the service, the moms and kids were reunited and the kids were presented with special gifts. (The moms had listed gifts on the sign up sheet, and could be valued up to $50. Volunteers collected the wish lists and bought all the gifts for the children, wrapped them, and presented them to the kids at Kindle.) Word on the street is that there were some excited kids there that night!

After the event, one of the moms wrote 12Stone to express her gratitude:

“I wanted to thank you from the bottom of my heart for putting on the event for single moms on December 18th! My 12-year old son loved it. He was so surprised and excited to get the exact gift that we had put on the sign-up sheet, it is like he could not believe that at such a big church, he was special, and he had a gift just for him with his name on it!  He kept saying ‘I just can’t believe it!’”

Gift Cards

The giving didn’t stop that night. The church also provided each of the 365 moms with a $100 gift card and asked them to pray and ask God to lead them to another single mom they knew, who was not a part of the 12Stone community, whom they could give the gift card to. They were encouraged to pass on the blessing they had received to someone else.

One of the moms explained her experience with giving away the gift card:

“As for the $100 gift card to give to another single mother, I had to really pray for God to lead me on who to give it to, and on this past Monday I gave the $100 gift card to another single mom. Yes, tears were shed, but they were tears of joy. She stated to me that the $100 dollars could not have come at a better time.”

The mom who received this gift card also sent a thank you card to 12Stone to convey her appreciation. “Thanks for the kindness you’ve shown my family this Christmas. Your acts of kindness have helped to restore the JOY of the Christmas season to my family.”

Special Assistance

The final phase allowed the single moms of 12Stone with special financial needs to apply for help. 210 women applied, and over $200,000 was given away! Donna Whitten, Director of Communications at 12Stone, expressed the joy she felt with being able to help. “It was just awesome to be able to do that – to help buy a vehicle, or fix one that they have, or to help with mortgage, or pay utilities for 6 months.”

Observe the thankfulness in this mom’s words:

“I just want to thank my 12Stone family from the bottom of my heart!!!  I haven’t had a vehicle in over 3 years, and thanks to Kindle, the Lord and my church family, you made it possible for us!  I received a call 2 days before Christmas from a staff member of 12Stone saying that with the funds left from Kindle, they were able to go to Toyota Mall of Georgia and purchase a VERY EXTREMELY nice used car for me and my children!  This truly is a wonderful blessing!  I cannot thank you enough!!!!”

In total, over 1000 people were directly blessed (and many, many more, indirectly) because 12Stone church has chosen to give themselves away. As you might also expect, they are currently giving themselves away to help the people in Haiti. If you would like to learn more about the church, please visit their online presence at www.12stone.com.

Thank you, 12Stone, for living out a faith that is real and helpful, and for making Gwinnett an even better place to live. By the way, how can I volunteer to be the official car-buyer for next year?

Oyster Bay Seafood Café’s décor is inviting, making diners feel as if they have traveled hundreds of miles to the nearest beach-town.  Nautical scenes and signs play off the dark wall to create a relaxing yet upbeat atmosphere welcoming to patrons of all ages. 

Visiting on Monday around lunchtime, I started my savory seafood supper with a longtime favorite of mine – conch fritters.  Oyster Bay’s “Key West Conch Fritters”, served with their signature spicy remoulade, were the perfect start to my meal.  The bites, large enough to share, are an amazing combination of conch and spices – each bite with a little more “kick” than the last.  The accompanying remoulade is a sure hit for fans of spicy.

For my lunch I chose a signature in the “Grouper Reuben Sandwich”.  With the fish generously engulfing the crispy pumpernickel-rye bread, the sandwich is a delicious sight.  Upon first bite the wondrous flavors of sauerkraut, 1000 Island dressing, Swiss cheese and grouper delight your taste buds.  Each bite is a focus on the sauerkraut, the most dominant flavor.  The grouper is a little underplayed and almost overpowered by the strong flavors of the sandwich’s other components.

As my side, I kept with the seafood shack theme and settled with the Oyster Bay’s appetizing fries.  Thin and crunchy, the lightly battered potatoes were the perfect addition to the hearty flavors of the sandwich.

Overall, it’s a great place for family or friends to gather and enjoy a delicious variety of seafood right here at home!

Oyster Bay Seafood Café is open seven days a week.  For more information visit them online at www.oysterbaylawrenceville.com.

What is Title Seasoning?

The process of a seller holding title to real property for 90 days before another sale or title transfer takes place is commonly referred to as title seasoning.  This FHA requirement was brought about to ward off mortgage fraud committed through illegal house flipping.  Illegal house flipping occurs when a property is bought and sold (often 2 or 3 times in a row) quickly, before title and security deeds are properly recorded with the intent of defrauding lenders, sellers and purchasers.  Unfortunately, while this solution has helped to stop the criminals engaging in mortgage fraud, it has penalized legitimate investors making it extremely difficult for them to help bring about quicker market recovery.

Why is this temporary waiver important? 

Until now, if an investor purchased a property – let’s say “on the courthouse steps”, improved it with repairs and/or renovations, and then marketed it for sale, that property would not be eligible for FHA financing until the 91^st day, when title seasoning had taken place.  Since our current market is so heavily dependent upon buyer’s using FHA financing, this process significantly limited an already small pool of potential buyers.  In the absence of FHA financing, only buyers with cash or conventional loans are qualified to purchase these properties.  Furthermore, not all conventional loans allow purchase prior to completion of the title seasoning period.  These challenges typically bring about longer market times and lower sales prices.  Since investors and neighborhoods alike are placed at greater risk the longer a property sits vacant, it is in everyone’s best interest to bring about a quick market sale.  Greater risk and difficulty means fewer investors will be willing or able to make a difference.  The FHA knows that being able to return rehabilitated properties back to market for quick sale has been critical to successful Neighborhood Stabilization Programs.  This is why these programs were granted waivers in 2009. 

Why do we need investors? 

Right now, we need investors to lead the way in market recovery by acquiring distressed properties in poor condition and rehabilitating those properties to become market ready.  Though many potential homebuyers start out looking for “the deal” in foreclosures, most often the scope of work needed far exceeds the skill set and financial resources of the typical homebuyer.  Investors have the financial resources, contracting knowledge and relationships to restore these properties back to life.  In most cases, this is accomplished in far less than 90 days, and the properties are returned to market at fair and competitive prices quickly attracting buyers.  This is a win/win situation for the investor, buyer and community as it takes a distressed property off the market, provides good quality and affordable housing helping to preserve neighborhood value.  The 91 day title seasoning period brings about increased risk to both investors and neighborhoods by delaying sale and occupancy of these rehabilitated properties.  It also denies many buyers the opportunity of purchasing a quality product at a reasonable price, as FHA loans are not available during this time.  Vacant homes increase the risk to the seller and the neighborhoods in which they are located by providing greater opportunity for crime and vandalism.  Since FHA financing has increased from 5% of all market sales to 40% of all market sales, it is important for that pool of buyers to have the opportunity to purchase these homes. 

FHA/HUD Guidelines for waiver

The following is an excerpt of the guidelines issued by FHA.  The title seasoning waiver begins February 1^st, 2010 and is planned to end in 2011.  In order to preserve the integrity of the 90 day seasoning requirement and prevent illegal flipping, conditions and guidelines have been provided:

1.  All sales are to be arms-length transactions.  There should be no identity of interest between buyer, seller or other parties participating in the transaction.
   1. Sellers must hold title to the property
   2. No pattern of previous flipping of property (multiple title transfers in the last `12 months).
   3. Property must be marketed open and fairly in MLS, Auction, for sale by owner and or developer marketing (contract assignments are likely to be a red flag).
2. Sale prices of 20% or more over and above seller’s acquisition cost will require certain actions by the lender:
   1. Appraisal verifying that the increased price is supported due to the seller’s completion of sufficient legitimate repair and rehabilitation work to the property.
   2. Inspections may be ordered by lender and provided to buyer, prior to closing. 

This is a short recap of the FHA guidelines.  Read the full text using the link above.

Gwinnett has recently seen increased sales in markets up to $200k.  This increase has been brought about by low housing prices, historically low mortgage rates, the 1^st time homebuyer tax credit and investors who are purchasing, rehabilitating and selling distressed properties on open market.  Mortgage rates are expected to rise in 2010, and we can’t ride our way out of this market on the backs of first time homebuyers alone.  We need investors to purchase homes in disrepair and make them market ready to stabilize home values and provide affordable, desirable housing options.  I am incredibly hopeful that this waiver will sustain our positive momentum while still providing reasonable protection against future mortgage fraud.

Let’s face it, as we begin 2010, Christianity has an image problem. And I’m not just talking about the cheesy quotes that churches put on their signs. Instead of being known for the things Jesus was known for (radical love, caring for the needs of others, acceptance, generosity, etc.), Christians have become known more for what they are against (abortion, gay marriage, Harry Potter and Barney). Many people, especially those under 40, have a very negative perception of Christianity. Indeed, Christianity does have an image problem.

I am not going to waste time giving examples of ways in which Christians and/or churches have been judgmental and hypocritical (if you really need some, just follow me around for a day or two and you will be plenty disappointed). Instead, I have 2 purposes for this article: 1) to give you an example of one church who represents the best in Christianity, and 2) to get some ideas from you of churches in Gwinnett who are doing good and are examples of what a real church should be doing. I want to highlight those churches in future articles.

Brainerd Presbyterian Church in Chattanooga, TN was founded in 1939 just a few miles east of Chattanooga’s historic downtown (not really sure what “historic” means; I wrote it because it sounded really good). The church purchased property and erected a building on Brainerd Rd and continued to grow for many decades. During it’s peak, BPC had over 800 people attending worship services. The need for more and bigger facilities led BPC to take on several building projects over the years, including adding a new sanctuary, educational wing, and a family life center which contained a full kitchen and a gymnasium.  It was a church facility most churches would have loved to have.

But as the demographics of Brainerd Rd changed (also known as “white flight”), the size of the church began to slowly decrease. It was still a medium-sized church, and it still made use of the wonderful facilities, but the leadership of the church, led by pastor Ron Ragon, realized that some hard decisions needed to be made. Either the church had to restructure itself in order to reach the community that the facilities were located in, or the church needed to get a new facility located more centrally to the current congregation. It was a long and painful discussion over several years, but In 1993, BPC decided to leave it’s million-plus dollar facility and relocate to another location.

But what BPC did next was shocking. The leadership didn’t just want to leave that community that had meant so much to the church for many years, and they didn’t want this amazingly functional facility to go to the highest offer, so they decided to give the facility away to the best qualified church. Yes, you read that correctly. They gave a then-valued 1.5 million dollar facility away.

The reasoning was simple. The best thing that BPC could do for the community was to get out of the way and bring in a more qualified (i.e., “black”) church to meet some of the needs of this particular community. So BPC interviewed dozens of pastors and churches and finally picked a church that had a tremendous vision and plan for using the facilities. The new church wasn’t even in the same denomination, but that was not what was important to the leadership of BPC. Loving, serving, and helping the community was of utmost importance.

If there were more churches like that – churches in which the needs of the community come before the needs (or should I say, “pockets”) of the church body, then would Christianity have such an image problem?

Help me to put a spotlight on the churches in Gwinnett who are doing good for their communities. Leave the names of the churches and a short description of what they are doing in the comments section, and I will follow up. Thanks!

Budget `Bait and Switch`

Bannister presented his 2010 budget to the other Commissioners and to the public on December 1, as required by law. The law is designed to give the public ample opportunity to review the document prior to its adoption. The required public hearings were also held.

A day or so before Christmas, however, Bannister sent the Commissioners a revised budget which increases spending by $6.3 million. Not only that, but Bannister juggled a number of capital projects, fast-tracking a park development in his home city of Lilburn while postponing a new park a few miles from the home of Mike Beaudreau, the only Commissioner to vote against the 2.28-mill tax increase.

Even worse, Bannister’s unilateral revision of the published budget may be illegal.

Some of Bannister’s changes:

• $500,000 subsidy to Partnership Gwinnett;
• $82,000 related to the county’s AAA bond rating;
• $6,500 for the County Administrator’s attendance at various conferences.

Bannister proposes to pay for these additions by transferring $500,000 less from the operating budget to the capital budget later in the year, as has been the usual practice. The artful number tweaking allows Bannister to increase non-capital spending without adjusting the operating budget’s bottom line by a single dollar.

Capital spending will increase by much more than the $6.3 million that Bannister proposes to add to the budget. He will make up the difference by deferring other projects including the Harbins Community Park in the Archer school cluster.

Bannister wants to postpone the engineering phase of the District 3 park from 2010 to 2013. He will instead spend that $1.2 million on the Lion’s Club Park in Lilburn this year, rather than in 2012 as planned. There appears to be no justification for this swap except to punish Beaudreau for his continuing stand against wasteful spending and tax increases.

Other additional capital spending:

• $250K for an airport feasibility study;
• $500K for a “nuisance abatement project;”
• $7.6M for fire stations #31 and #10 (relocation);
• $110K for a police aviation fuel truck.

The revision will also postpone development of the Rabbit Hill Park from this year to 2013.

Bannister proposes to increase the budget despite the county’s expectation that 2010 will be worse economically than previously projected.

Budget Deception

State law appears to prohibit the revision of the published budget proposal, except by a majority vote on an amendment during a public meeting… or by starting the public hearing process anew.  The Chairman cannot simply change the budget published on December 1 on his own.

The Chairman’s plan to adopt a budget different from the one that was presented to the public is tantamount to a lie. But then, deception appears to be Bannister’s stock in trade.

After the  2.28-mill tax increase was adopted, the county’s finance director announced that the additional revenue might be spent to reduce the county’s accrued liabilities, even though the increase had been sold as necessary to fund police officers, fire stations and recreation. Apparently, a decision on what the money will actually be spent has not been made.

I strongly encourage you to contact the Commission and send Bannister a message similar to the following:

Commissioners, I do not want you to approve a budget different from the one for which public hearings were held, except by amendment in a public meeting. I do not want you to increase spending. Chairman Bannister, I insist that you honor the expectations created by last year’s millage increase hearings and budget hearings.

To be effective, you must send your email before the Commission’s 2 pm meeting today.

Gwinnett Commissioner Recall Effort

When this surfaced in December I had never heard of the person heading up the effort.  Add to that the original idea of collecting names at libraries, the inclusion of Commissioner Beaudreau and the need to gather signatures over the holidays and I figured it had no chance of success.  This effort will be like running a campaign – it requires massive organization, special knowledge about how to reach registered voters and proper publicity.

The first hurdle is to get 126,000 signatures of registered voters – almost 90,000 more than voted in the 2009 primary and more people than voted for Bannister’s opponent in the general election last year.  Twenty years ago a group failed in a recall of Chairman Lillian Webb when they could not produce just 44,000 names.  But here are the reasons I think the Chairman should be at least a little bit worried this time:

1. Additional groups who can mobilize the required volunteers have joined the effort behind the scenes.  These groups know how to organize, use the Internet, reach the right people and use the media
2. The effort has focused on just the Chairman and suspended while they develop the necessary infrastructure
3. The Gwinnett Daily Post seems to be on board, writing articles and giving the e-mail address for the organizer every time the recall is mentioned
4. Some local candidates may see this as a way to make a name for themselves and tap into a powerful organization effort
5. There is a great deal of frustration and anger among the citizens of Gwinnett

The conditions for recall in Georgia are subjective, and even if they get the names they will probably face a legal challenge.  Grounds sited for recall of Commissioner Webb in 1989 were a $52,000 business related trip to New York and County donations of more than $6,000 to local charities.  These were called into question even while the group was working on getting signatures.

Healthcare and States Rights

I believe that very soon we will have a healthcare overhaul by the current administration.  I originally thought there would be at least a speed bump in the Senate, but after We the People paid for lavish bribes to key Senators a bill is on its way back to the House.  I don’t even hold out hope that it will slowdown during Reconciliation – it is possible the House will just pass the exact version that came out of the Senate and plan on making changes after the President adds his signature.

How does this affect Georgia?  I believe the most profound impact may not be directly related to healthcare.  I think it is possible this will be more fuel for a resurgence of the State’s Rights movement.  I have heard very little from our State Representatives, but I would not be surprised to see many Republicans coming out strongly in favor of distancing Georgia from the Federal Government.  These local reps are much closer to the Georgia voters than those in Washington are and have heard the outcry.  They are also looking for some causes they can champion that will make everyone forget about the ‘unpleasantries’ they went through at the end of 2009.

Finances, Taxes and Fees

I believe this will be a huge problem in 2010.  Talk with almost anyone in government and they are worried about funding.  Revenue is down and will continue to decline through the year while many of the expenses (unemployment payments, for one) will be rising.  The coming problems with commercial real estate alone will reduce the County tax digest by at least $2 billion.  Look for ‘fees’ to pop up all over to help fund County and State spending addictions.  Super Speeder fines, ‘convenience’ fees, surcharges on your water bill, increases in development fees, etc.  The County has even hired a company to go out and collect delinquent fees, paying them with a percent of the money collected.  Higher fees increase revenue without having to come out and say taxes were raised.  People don’t tend to complain when asked for an extra $5 for something, but do that 500,000 times and you raise $2.5 Million.

The problem for the County is that people just don’t have the money.  More homes are falling into foreclosure, more small businesses are failing, more people are losing jobs.  As a small business owner myself I would love to see the economy rebound in 2010, no matter who gets the credit.  I just don’t see it yet.

287G

This program will be effective in reducing crime in the County.  How much remains to be seen.  It is not often that law enforcement gets a new tool and it will be comforting if it works to remove at least some of the criminals from the area.  It is just too bad that we don’t have a way to remove the criminals that are here legally as well.

Sheriff Butch Conway attributes the decrease in the number of illegals booked into the County Jail in the last few weeks of 2009 (as compared to 2008) to 287G.  The Sheriff certainly knows more about these things than I do, but I would guess that a large portion of the decrease can also be attributed to the economy.  Many of the aliens who were in Gwinnett in 2008 were associated with the housing industry in one way or the other, and I am sure a number of these have moved on due to lack of work. [NOTE: Since writing this I have been contacted by Butch Conway.  As I suspected, he does know much more about this than I do.  It turns out that while the homebuilding industry has been in trouble for a long time, the number of illegal aliens booked into the jail did not start to decline until 287g.  The sheriff looked for another factor, but it seems the new program may get the credit].

I expect some of the candidates running for County and State positions will jump on this movement.  There are a large number of legal residents who are out of work (or who know someone who is out of work) and would benefit by having less competition for the few jobs that are available, and taxpayers resent paying for education, medical aid and other expenses given to illegal aliens.

Gwinnett County Library

During visits to the Suwanee branch of the Gwinnett Library I have often been disappointed with the lack of conservative books.  Even some of my favorite history books (“The Real Thomas Jefferson“, for instance) are missing.  I am not saying they don’t have them in the system, but they evidently don’t have enough.

Rather than just complain I thought I would take some of my own money, raise some more from likeminded Gwinnettians, and purchase some books for the library. 

Turns out they won’t let you.

On the County Library’s website, it states:

“Professional librarians carefully maintain and select the library’s collection using established guidelines and criteria to best meet the needs of the community. While we do not accept donations of books or other materials, we thank those who think of us as a place to donate these items.”

So – the County is hurting for money, but the library won’t take book donations?

I sent an e-mail to the Library Board asking for some guidance but did not receive a response.  I understand the need for oversight on library materials.  But if there is an objective standard, why not publish it and then take book donations that meet that standard?  In this economy it would seem that every little bit would be helpful.

So – there you have it.  If anyone is still reading this, please send me an e-mail and let me know your concerns for 2010.  I would love to hear from you, and, if you send me a mailing address I will even add you to my list for free.  Contact me anytime at david@dhancock.com.

Have a wonderful and prosperous New Year!

Q: How long have you been the Volunteer Coordinator for Gwinnett County Senior Services? Describe your job.
A: I’ve worked for Gwinnett County for almost nine years and with seniors and volunteers for most of the time Every day is a new challenge to attempt to match known resources with senior needs.

Q: You seem to really love what you do.
A: Seniors are very humble and appreciative. We are serving predominantly mid-80’s seniors who have plenty of daily living challenges, but are resistant to giving up independent living.

Q: Have the needs of the county and seniors changed in recent years?
A: Yes. There are more seniors with greater needs. If we deliver Meals On Wheels, that might provide nutrition and overcome their inability to reliably prepare meals for themselves, but that doesn’t change the burnt out light bulbs that create dark spaces and fall hazards.

Q: Are the needs of homebound seniors in Gwinnett County the same as seniors living in other parts of Georgia, other states? If not, how are they different?
A: America is getting older, so there are more older people with challenges to their daily living activities. In Gwinnett, getting to the grocery store or to doctor is difficult because it requires driving. Many do not drive or have a caregiver. Public tranpsortation is limited.

Q: How does Gwinnett County “stack up” in the way it serves seniors versus other counties in Georgia and the United States?
A: We think that we do a decent job, but we are only as good as our ability to stretch the limited funding in a period of much greater demand for services. Every agency is tightening its belt and trying to minimize the effectiveness of its programming.

Q: What are the challenges Gwinnett faces in serving seniors and how is Gwinnett meeting those challenges?
A: Doing more with less or doing things more creatively. We remain committed to never compromising the quality of our programming, but seek to leverage our effectiveness with volunteers however and whenever possible in order to reach more senior needs.

Q: Though our “Sweaters For Seniors” program, we’ve seen people donate hundreds of sweaters and blankets to warm-up Gwinnett County’s seniors. What other ways can citizens get involved, reach out and help seniors?
A: This large senior population has needs and faces challenges year- round. The sweaters and blankets are valued even in July, because many  medications seniors take leave them chilly even during the hot summer. Groups can always help with yard work or repair projects. We can always use help with health fairs or screenings or to visit “at-home seniors” who don’t have much outside contact.

Q: Describe an average senior that uses Gwinnett County Senior Services?
A: Age 85+, 75% female, do not drive. 30%+ have no caregiver or family support to meet daily living challenges, yet still living independently. Many have grown old in place, while others relocated to be near their children, good doctors, etc. Our senior population is expected to have a huge increase as people seek greater public safety and move from the city of Atlanta. We’re the most culturally-diverse county which extends to our senior population. Finally, there’s a huge “grandparents raising grandchildren” population.

Q: What needs do Gwinnett County Senior Services address?
A: The basics such as food, shelter, companionship, assistance with little things that they can no longer handle, and transportation. It’s amazing that they are no longer caught up in the need for “stuff.” They would rather have shampoo or skin lotion than a new appliance.

Q: How does Gwinnett County receive funding to take care of these seniors?
A: The Older Americans Act provides federal funding that is supplemented by Georgia and Gwinnett County. State and local cutbacks have threatened to reduce meals service for seniors, and monthly meals waiting lists are near 200. The non-profit partner, Friends of Gwinnett Senior Services, provided more than $30,000 to offset increased food costs and paid for numerous senior emergencies.

Q: How did “Sweaters For Seniors” help Gwinnett’s Seniors?
A: The sweaters and blankets went fast at the Lawrenceville Senior Center before they could even be separated into portions for Norcross and Buford Senior Centers. The added delivery was distributed and they went “like hotcakes.”

Q: Anything else you’d like to add?
A: Thank you for your generous and heartfelt support. Without great partners, we would consistently come up short of serving our seniors.

(Sharna Fulton is the Marketing Director for Alternative Home Care for Seniors (AHCS) AHCS started “Sweaters For Seniors in 2009.”