Representative Linder’s 7th Congressional District covers Gwinnett County, and as a notable Republican it was quite an honor to have him as keynote speaker.  The speech he gave at this meeting started off fairly typically as the Congressman thanked the conservative activists in the room for their work on helping stop Cap and Trade legislation as well as their efforts to slow down, if not kill completely, a takeover of the US healthcare system.

But just a few minutes into his talk, Representative Linder, who is not known for short speeches, stunned the crowd by simply announcing that he will not be seeking reelection for the Congressional seat he has held since 1992. 

His announcement was greeted with silence, as the surprised crowd looked at one another to make sure they had heard the statement correctly.  With very little fanfare Representative Linder quickly ended his speech, paused for a single picture, and quietly left the event.   The following speakers had a difficult time keeping the audiences’ attention, and each one had to adlib a tribute to the retiring congressman – realizing that whatever they ended up saying could not help but be overshadowed by the morning’s unexpected news.

I feel like I let you down, but I just wasn’t paying attention and would have missed this completely if I had not been approached a few days ago by a good friend.  More on that in a minute.  Meanwhile here are the details on the property tax.

Each year Gwinnett County computes the actual property tax you pay based on the appraised value of your home and the millage rate.  While the millage rate may be increasing most home values have been decreasing.  Problem is that unless the County reappraises your property it will retain the same value as last year.

But here is the most important part.  If the County sends you an evaluation of your home that is the same as last year you just have to live with it.

You hear about people appealing their appraised value?  Turns out that is only if the County changes the appraised value.  Will they reappraise your home?  Look at this from the Gwinnett County website:

“The Board of Tax Assessor’s Office will be adjusting the 2010 tax value on several thousand properties in Gwinnett County as assessors review the real estate sales and foreclosure data occurring in certain areas the county.”

Several thousand?  Out of how many homes in Gwinnett?

If you want something done right, do it yourself.

I personally am not willing to take the chance that they will get around to checking out my house, or that they will come up with a valid appraisal value.  So here is what you can do quickly to see where you stand.  Visit this County website:

http://www.gwinnettcounty.com/TRRPWeb/

Follow the instructions.  This will let you create a form (Real Property Tax Return) that you can use to force the County to reappraise your property.  You enter the value you believe is fair, and the County either accepts it or comes back with a ‘counteroffer’.  There are several ways to determine the current value of your home.  The most accurate is to have an appraisal done, but that is expensive and you may not have time.  You can also try some of the online websites like www.epropertywatch.com.  This is where my friend’s company comes in.

www.slashmypropertytaxes.com is a company made up of registered appraisers.  They make an educated guess as to your home value and file the necessary paperwork.

[NOTE: I know there are other companies who probably do the same thing so don't bother writing me.  I was just saved by this particular one so I feel compelled to mention them - my home value looks like it is going to be $200,000 less than the County appraisal.]

But whether you use this company or a different one, get a full appraisal or just make a guess please do something.  And do it by March 1!

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.]

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

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!

Many in Gwinnett believe this will help the County reduce criminal activity, jail expenses, and overcrowding.  But there some residents that are adamantly opposed to any attempt at enforcing the Nation’s immigration laws.  Those in favor of 287(g) need to be just as vocal.

Racial Profiling Forum

The ACLU of Georgia and ABLE (Atlantans Building Leadership for Empowerment) are two of the main groups in Gwinnett that would like to stop this program before it really gets started.  They are teaming up this Saturday (December 5th) to present a Racial Profiling Forum in Lawrenceville.  They say that “Everyone is encouraged to attend and tell their stories,” and we certainly want to take them at their word.  Here are the details:

Saturday, December 5, 2009
1pm-3pm
St. Lawrence Catholic Church
319 Grayson Highway
Lawrenceville, GA 30082
http://www.gamaliel.org/ABLE/ABLEImmigrationpage.htm

About a year ago the ACLU offered a workshop in Georgia, and part of that program described how to oppose 287(g).  If you are considering attending the Saturday forum it would be a good idea to read this document, along with a point-by-point response prepared by Gwinnett resident Chester Hale.  Both of these documents can be found on the website www.Gwinnett287g.org.

We heard it at the public hearings – times are tough.  We heard that our neighbors want to keep, possibly even expand, the police, fire and court funding.  We also heard that many individuals and businesses simply cannot afford to have the County take an additional $60 Million in taxes.  You can meet both of these objectives simply by taking this opportunity to reevaluate the purpose of County government.  At some point the County will have to do what so many residents have done and differentiate between wants and needs. Why not do it now?

Residents have said that we should have planned for this situation years ago.  I maintain that it is never too late to start.  We should be planning for even less revenue in 2010 by cutting spending now.  If you don’t make the hard cuts this year, you will raise taxes.  But what about next year?  If anything I believe we will be in a worse position in six months and you will be faced the same decisions as you prepare the 2010 budget.  The Atlanta Business Chronicle estimates that the tax digest for Gwinnett County will be down as much as $2 Billion next year.  About 44% of your operating funds come from property taxes, and $2 Billion looks like about 7% of the County’s total tax base.  The 2009 budget also projected almost $19 Million misc/interest revenue, but as of the middle of this year you had received less than $2 Million.  Not surprising, with interest rates hovering around 0%.  You see how your investments only made 15% of what you made in same period last year?  Expect that to continue into next year as well.

So here are just a few suggestions.

The first is to avoid any more of the tricks. People will see through it and then you just look bad.  For instance, when everyone cut back on water use municipalities around the state had to raise water rates to meet their budgets.  Gwinnett County simply added special fees, surprising many residents with water bills that were almost twice what they were a year ago.  Then you had a Commissioner who is stepping down suggest a tax increase.  Stuff like that doesn’t fool anyone.

Selling the airport sounds like a great idea.  Running an airport is not a function of government and I would be excited to see what a private company could do with the facilities.  Kudos to Beaudreau.

Bring in more money from Sales Taxes. In 2008, total retail sales in Gwinnett County amounted to almost $16 Billion. An additional 1% sales tax would raise $154 million.  In 2008, $300 million came from property taxes, so the County could have added this sales tax and reduced the County portion of everyone’s property taxes by 1/2.  This means that a typical resident who pays $4,000 per year in total property taxes would only pay $3,320 per year, saving $680.  If he was spending an additional 1% on everything he purchased in Gwinnett then he could spend up to $68,000 per year and he would be right back where he started.   Remember that this spending only counts retail purchases, so things like a mortgage or car loan are not counted.

Remember 1991?  The economy was in the midst of a recession.  Gwinnett County building permits had all but stopped.  Citizens were cutting back and asking government to do the same. But as bad as it seemed, unemployment was only 4.3%.  While some County expenses have increased as a percent of the budget (the 1991 Tourism Fund at $685,000 represented 0.26% – today it consumes almost 1.5% or $13.5 Million) some have remained almost the same.  But the 3.5% of the budget that goes to Recreation only represented $8.5 Million in 1991.  Today it is over four times that amount yet we only have twice as many parks.  According to your budget document the County “… offers something for everyone, from taking a yoga class, learning how to make pottery, or joining in a pick-up basketball game.”  Cool – when we have the money.  But right now people are dropping their pets off at shelters because they don’t have the money to take care of them.  I doubt they will be taking pottery classes.

Charity is wonderful, but taking money from people at the point of a gun and giving it to your favorite non-profits is something else. The residents of Gwinnett give a great deal on their own, and if you let us keep the $60 Million we will have more to give.

Gwinnett county courts have to support over 40 different languages.  Drug cartel trials require allowance for non-English speakers, and translators are one of the large fixed costs they face. Can the County mandate that all proceedings be in English? If not, what would have to be done to make the switch?

And no more sweet offers to get County employees to quit.  You were very generous with our money earlier in the year, but next time decide yourself who you can function without, give them two weeks notice and send them on their way.  That is what real companies do.  Then they don’t lose the best employees and have to hire them back later as consultants.

You asked us to be more involved with the budget process, so this letter contains my two cents.  Feel free to do with it what you will.  And thanks for listening…

Sincerely,

David Hancock

As promised, what follows is my compromise proposal. It is based, in no small amount, on the mostly thoughtful feedback that I have received from the dozens of you. It is also founded, however, on a very hefty dose of political and financial reality, as well as my desire to move forward and make something positive out of a very bad situation.

First, The Reality

The ox is in the ditch. Our county’s finances are in a crisis. The national economic mess has hit at the least opportune time, when our own economy was at a critical transition point. We could have weathered the storm better, but decades of poor growth management and the last five years of unimaginative, reactive leadership has left county officials ill-equipped to respond to the emergency.

It is dangerous to focus on baseball stadiums, bad land deals and shifty politicians. Looking for a scapegoat leaves you paralyzed; unable to move forward. It’s okay to ask “why are we here?” so long as you quickly move on to “how do we get beyond here?”

Our Commission has left us with few options for the 2009 budget. No sale of the stadium– no tax on tourists and renters– no elimination of the Commissioners’ salaries– is going to solve the problem for this year. In fact, at this point it isn’t even realistic to expect the county to cut its way out of this crisis. For 2009, in my opinion, the only viable option is a tax increase.

The Political Realities

The Commissioners know that they are out of options. For that reason, they will vote to enact a millage increase at some level on December 1. The vote will likely be 4-1; District 3’s Mike Beaudreau will continue to honor his conservative Republican sensibilities. It’s a safe vote for him, although it doesn’t make him part of the solution.

Our best hope, then, is that the Commission will be willing to accept a compromise.

I believe I speak for a majority of Gwinnett residents when I say that, if the Commissioners expect us to support the tax increase, they can forget it. However, I am willing to accept a reduced millage increase if I know that there will be a measurable and immediate return; that our elected officials will move forward immediately on several key issues.

My Plan for “Millage Rate 2009”

I suggest that the Commission immediately move forward on five key issues. These five do not represent the entire solution, but meaningful steps toward increasing non-property tax revenues; minimizing the cost of our government; and establishing future accountability.

• Remove the “2010 Budget Deficit” and “2010 Reduction in Digest” Expenses

I described in detail how these two line items are inappropriate for inclusion in this millage increase. Elimination of just these two items will reduce the increase to between 1.55 and 1.75 mills.

Not funding these items will, however, put greater pressure on the staff and the Engage Gwinnett committee to reduce service levels and/or identify non-tax revenue sources. It is possible that Gwinnett property owners might face another, smaller tax hike in 2010.

But, if these two items are not removed, we lose the opportunity to make a difference.

You might say: “But recreation is not a core, essential function of government! We should not impose a tax increase for ballfield lights and aquatic centers!”

And I would agree with you. However, Commissioner Kevin Kenerly represents a key vote on this issue, primarily because he is the only Commissioner who has named a specific reason for imposing an increase– he wants to restore the funding that subsidizes the county’s youth associations.

To ensure funding for what is arguably not a core government service, Kenerly may be willing to strike a deal. Keep in mind that the portion of the increase for recreation is only about 11% of the total while the 2010 items represent about 32%. To protect 11%, Kenerly may be willing to remove 32%… and concede to the other items in my compromise proposal.

• Immediately Create the Impact Fee Advisory Committee

Impact fees serve to transfer the capital costs of new public facilities (fire stations, roads, libraries, etc.) to the homeowners and businesses who not only create the need for the new infrastructure but will be the most likely to use it. Impact fees represent a significant non-tax revenue source that can reduce the government’s dependence on property taxes.

The Engage Gwinnett committee’s charge includes identifying non-property tax revenue sources. The committee’s recommendation is likely to include impact fees, especially since a previous citizen committee has already advised the Commission to move forward with a program.

State law requires that, prior to adopting an impact ordinance, the Commission must appoint a committee of citizens to advise and oversee the process. The timeline from start to implementation can take six months to a year, so to expedite the creation of the impact fee program and in anticipation of Engage Gwinnett’s recommendation, the Commission must lay the groundwork immediately.

• Adopt and Implement the Recommendations of the 2007 Ethics Study

Over two years ago, the Commission retained a consultant to examine the need for an ethics policy and a citizen panel to enforce it; then promptly shelved the consultant’s recommendation. Their decision was extremely unfortunate, especially given the controversies that have swirled around them since the day that they decided that an ethics panel wasn’t needed.

Trust of our county elected officials is at an all-time low, which has made it difficult for taxpayers to trust that the Commission has their best interests at heart with this tax hike. The Commission must authorize the citizens ethics panel and allow it to create and enforce an ethics policy.

• Require Participation in E-Verify for a Business License

Illegal immigrants constitute a measurable drain on public resources. For example, a joint month-long action earlier this year with Immigration and Customs Enforcement (ICE) identified 907 illegal alien arrestees in our jail. At $45 dollars a day—the cost to house one prisoner– the daily hit on law enforcement and court budgets can be measured in the tens of thousands of dollars.

287(g), a federal program to identify and deport serious illegal alien offenders, is a costly approach to the problem– this tax increase includes over a million dollars to fund 18 deputies for the first year. Changes to the program by the Obama Administration will make it more difficult to deport arrestees, making 287(g) an even less cost-effective solution.

But there is a better way. The County Commission should adopt an ordinance requiring all businesses, as a condition of receiving or renewing a business license, to enroll in the E-Verify program. E-Verify is a free federal program in which employers can quickly and easily verify the work eligibility of their new hires. Illegal workers are prohibited from working after being confirmed as ineligible and the penalties are stiff for companies that continue to employ illegal workers.

Requiring businesses to enroll in E-Verify would cost the county nothing and would essentially eliminate the primary reason that illegal immigrants come to Gwinnett in the first place—jobs.

The Commission must adopt an ordinance immediately with implementation during the first quarter of 2010. The requirement should apply to all new applications thereafter and license renewals for 2011.

• Resolve to Adopt a Mathematically Correct Millage Rate

I have explained how the Bannister Commission’s decisions to adopt deficient tax rates since 2005 contributed to the current budget crisis. Opponents of the current tax hike proposal have expressed a similar concern– that a tax increase, once in place, will never go away. The concern is a legitimate one; however, there is a remedy.

The Commission should resolve to follow the procedure for calculating the rate that has been taught by the state Department of Revenue for decades. A mathematically-correct rate takes no more and no less from property owners than is required to fund the budget.

If the politicians hold down the cost of government and/or increase non-property tax revenues, the tax rate decreases simply as an operation of the math. Also, if assessed values increase across the county, a correct millage rate returns the benefit of a growing tax base to the property owner in the form of a lower tax rate.

By resolving to adopt a mathematically correct millage rate in 2010, the Commission can ensure that, as staff and the Engage Gwinnett committee cut costs and maximize non-tax revenues, the taxpayer receives the benefit.

There are numerous benefits of this practice. You can learn how the millage rate is supposed to be calculated here.

Time to Act

As I noted earlier, the Commission will pass this tax increase. It is up to you and me to demand that the Commissioners recognize a new era of citizen involvement and greater accountability.

They screwed things up… now we are going to clean up the mess. After all, we will be paying for the cleanup.

Contact the Commission via the contact form here. You are welcome to express your displeasure with the tax increase; however, if you accept my compromise proposal (published at SaveGwinnett.com), be sure to preface your comments with:

“I support `the SaveGwinnett Plan`” or “I support Bob Griggs’ proposal.”

The Commissioners have this proposal in hand– it is up to you to give it value. You do that by contacting them today.

***

[Each of these proposals are described elsewhere in greater detail. If you want to know more about a particular topic, contact me.]

The increase was also going to pay, however, for some pretty important stuff– the equipping and staffing of three new fire stations; 58 new police officers and equipment; the reestablishment of the Quality of Life unit; and several prosecutors and investigators in the District Attorney’s office. (Pictured: Station 30 on Ozora Road in Loganville-Grayson; finished but empty)

Not only are those items in jeopardy, but the rejection of the earlier increase also necessitated additional service cuts beyond those already incorporated into the budget. For example, early retirements and layoffs have cut “back office” functions, like general administration and Planning & Development, to the bone, even after 108 positions had been eliminated in the initial budget. A planned pay raise has been abandoned as well.

The revised proposal will restore most of the cuts in public safety and the courts. In addition, it will fund the 287(g) illegal alien identification and deportation program which began on Monday at the county jail. Equally as important to some, but not all, is funding to restore reductions in library hours and open a new branch in Hamilton Mill; and pay for ballpark lights and field maintenance, expenses that are currently being borne by the county’s youth associations.

You can find a line-by-line accounting of what will and will not be funded by an increase at SaveGwinnett.com . I provide a little more detail here .

The millage increase that will be approved or disapproved on December 1 is not without its concerns. I believe that it can be reduced by as much as 32% (to as low as 1.55 mills from 2.28) by eliminating just two line items. You may oppose the increase in its entirety, but even if you favor the funding for public safety, the courts and recreation, you should question these expenditures.

Solving 2010 Problems With 2009 Tax Dollars

The tax increase includes two items totaling approximately $18.77 million, about one-third of the total hike:

2010 Deficit Reduction: Even with all of the budget cuts imposed earlier in the year; with additional cuts and deferments planned for 2010; and even if funding for public safety and recreation are restored, there remains a deficit of $9.7 million projected for next year. The Commission proposes to “pre-collect” enough revenue with this increase to mitigate or eliminate that shortfall.

Reduction in 2010 Digest: The Net Tax Digest (the value of all taxable property in the county) is projected to suffer another significant decline in 2010. This year, the residential side of the Tax Digest declined by over $1.5 billion in taxable value. In 2010, the weak economy is projected to hit commercial values, with the resulting loss in tax revenue projected to be $9,070,818. The County Commission seeks to compensate for the loss with this millage increase.

To my knowledge, the plan to address future year budget issues of this type with a current year tax increase is unprecedented. In my opinion, it is also unnecessary and ill-advised.

“Engage Gwinnett” Neutered

The “Engage Gwinnett” Committee, of which I am a member, has been charged with examining 2010 service levels and revenue sources, with the goal of helping to formulate a balanced budget that serves the needs of the community in a cost-effective manner. The combined 2010 deficit of $18.77 million is at the core of our committee’s charge. Our success will be measured by the reduction or elimination of this disparity between revenue and expenses.

While the Commission’s plan to address 2010 problems with 2009 tax dollars does not alter our process, it does eliminate a potential benefit of our recommendations– allowing the taxpayer to keep more of his money in his pocket. Even worse, the inclusion of these items in the millage increase tends to confirm an unjustified, but very real perception– that the Engage Gwinnett committee is a sham effort designed to give cover to politicians who just want to raise taxes.

The “pre-payment” of property taxes– especially in the current economic and political climate– will be difficult to explain. I cannot stand before the taxpayers next year to tout the committee’s plan to eliminate the 2010 deficit, only to have the taxpayers reply, “It doesn’t matter; we’ve already paid it.”

The inclusion of these items in the 2009 millage increase is no small matter– the proposed increase could be reduced to between 1.55 and 1.75 mills. The owner of a $200,000 home would see his portion of the tax increase lessened by as much as $73.

Speaking of `Political Cover…`

While I understand the desire to address 2010 problems now (there is always comfort in having money in hand), the decision to do so is purely political. The level of the tax rate is set by politicians, elected officials who usually want to be reelected. Sadly, the millage rate often has only a minimal relationship to the actual cost of your government.

Just as the County Commission adopted deficient tax rates for the past four years– contributing to the county’s current financial instability– purely for political gain, the Commission now proposes to OVER-tax you this year, simply to avoid the political ramifications should they have to impose a tax increase two years in a row.

The solution is simple– let’s worry about 2009 problems in 2009, and 2010 problems when– and IF– they arise. Let’s let the Engage Gwinnett citizen committee do its job. Then, if another tax hike is required in 2010, it will come only after the committee has given its best effort.

Your Weekend Assignment

I strongly encourage you to review the budget documentation, especially if you plan to attend the public hearings or contact the Commissioners. A reasoned and educated opinion always carries greater weight than an angry, uninformed rant.

As you might suspect, I have a very strong opinion about what the County Commission should do on December 1, the date of the final public hearing and vote on the millage increase. I plan to share that with you before Monday, November 23, when the first two public hearings will be held.