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!

I was amazed and disgusted by the reaction to Tiger’s statement. Now more than 24 hours past the event, the TV talking heads, bloggers and the like are still debating whether or not Woods’ apology was sincere, sufficient and “correctly presented.”

You won’t find me in that crowd. I was absolutely impressed by Tiger on Friday.

For the record– Tiger, you owe me nothing, and certainly not an apology. I have no less respect for you now than I did before the revelation of your affairs. In fact, I may have more.

Tiger did not offend me and he did not offend you. What he did was an offense against God, his wife and his children– and no one else.  He has no obligation to me or you to be a role model; it is we who are at fault if our self-worth hinges on the infallibility of a mere mortal.

None are perfect and when we place our confidence in man, we are sure to be disappointed. When any man or woman stumbles, we shouldn’t be amazed… nor should we be surprised.

The pundits and others spent Friday evening questioning Tiger’s sincerity. One network asked several pro golfers to opine on the topic, as if they were the experts. One said, “I am not sure that he was sincere because he read his statement. If he was really sincere, he should have just spoken from his heart.” Others said that he just didn’t “sound sincere.”

It was probably because I understood that Tiger owed me nothing that I was able to listen with an open mind. I have never seen a more sincere public apology than what Tiger offered. When he apologized to his friends and family, he looked them straight in the eye. When he apologized to his fans and the parents who put him on a pedestal, he looked straight into the camera. I have never heard anyone express remorse in such direct terms.

Tiger offered no excuses; no justification; no caveats. He took full responsibility for his actions.

“I knew my actions were wrong. But I convinced myself that normal rules didn’t apply. I never thought about who I was hurting. Instead, I thought only about myself. I ran straight through the boundaries that a married couple should live by. I thought I could get away with whatever I wanted to. I felt that I had worked hard my entire life and deserved to enjoy all the temptations around me. I felt I was entitled. Thanks to money and fame, I didn’t have far — didn’t have to go far to find them.

“I was wrong. I was foolish. I don’t get to play by different rules. The same boundaries that apply to everyone apply to me. I brought this shame on myself. I hurt my wife, my kids, my mother, my wife’s family, my friends, my foundation, and kids all around the world who admired me.”

We should all learn a lesson from Tiger– that’s how you say, “I’m sorry.”

Those who criticized his reading from a script suggested that he did it so that he wouldn’t say the wrong thing. I believe that he wrote his statement and read it so that he wouldn’t forget to say every right thing that he needed to say. An apology written down is not necessarily any less sincere than one spoken on the fly.

Besides… sincerity is a state of the heart. Who among us are qualified to discern his intent?

And who are we to write off Woods so quickly as just another unsalvageable “dirtbag” when we would beg for unlimited mercy if we were to fall on our own faces?

“I recognize I have brought this on myself. And I know above all I am the one who needs to change. I owe it to my family to become a better person. I owe it to those closest to me to become a better man. That is where my focus will be. I have a lot of work to do. And I intend to dedicate myself to doing it.”

At the tail end of Glenn Beck’s Friday radio show, he had as a guest a supposed Christian woman, a Fox TV regular, whose claim to fame was a book about the media’s characterization of Christians and Christianity. She criticized Tiger for writing his statement; and she challenged his spirituality when he said that his failures had caused him to return to his faith, which is Buddhism.

Paraphrasing, she said, “That’s what they all do. When they [high-profile philanderers] get caught, they run off to a sex or alcohol addiction clinic and wrap themselves in their religion. They all say that they have ‘found God’.”

You might have a problem with Buddhism, but that’s beside the point. Even Buddhism requires a sinless, devoted life from its faithful. If you are a Christian who doubted the sincerity of Tiger’s rediscovered spirituality, consider this– what does your God say that a sinner should do? Is it not to turn away from the sin and turn to Him? Why, then, should we criticize Tiger when he does exactly what his (and, for that matter, your) God requires of him?

“People probably don’t realize it, but I was raised a Buddhist, and I actively practiced my faith from childhood until I drifted away from it in recent years. Buddhism teaches that a craving for things outside ourselves causes an unhappy and pointless search for security. It teaches me to stop following every impulse and to learn restraint. Obviously, I lost track of what I was taught.”

Again… spirituality is a characteristic of the soul. Who among us are qualified to discern the state of Tiger’s heart? And if Tiger says that he has turned from his sin, who are we to say otherwise?

Tiger, you owe me nothing. However, I appreciate the opportunity that you provided on Friday to see a truly good man who, having failed and fallen so badly, was good enough to recognize his failure, turn from it and learn from it.

It is not his past failures, but how Tiger Woods conducts himself from this point forward that will be the true measure of his character. It is too bad that those who criticize him today don’t have the same integrity.

Transcript of apology

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

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.

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.