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> FORSYTH COUNTY NEWS Frid»y, Saptomter 8,2000
GRTA from 1A
actually, in our opinion, violates
the state and federal constitutions.
So we’re challenging under sever
al constitutional issues. Some of
the things they want to do deprive
the county of are its constitutional
rights as far as planning and zon
ing are concerned."
GRTA was created by Gov.
Roy Barnes and is intended to be
the strong arm that implements
land-use and transportation plans
to improve regional air quality.
But at this point no one seems
to know exactly to what extent
GRTA will become involved in
decisions that traditionally have
been made at the county level.
District 1 Commissioner John
Kieffer expressed strong concern
about the agency’s authority over
local governments.
”I’m worried about the power
[GRTA] has," he said. “It’s scary
when you think about it. They can
come into Forsyth County and
force citizens to pay taxes to fund
major transportation projects the
board feels are of regional signifi
cance.”
Kieffer, recently appointed to
serve on the Atlanta Regional
Commission’s air quality commit
tee and chairman of the board of
the Georgia Mountains Regional
Development Center, also ques
tioned GRTA’s legal authority.
“They have the ability to come
in and impose funding for a rapid
rail system, float a bond and force
taxpayers in the county to pay for
it. I don’t know if that’s legal. 1
have my doubts. But, until it’s
challenged in the courts, we’ll
never know,” he said.
Kieffer added GRTA also has
TAXES from 1A
it was widely assumed the exist
ing exemption serving low
income residents ages 62 and
older would not be affected.
However, the Forsyth County
Tax Assessor’s office initially
believed the law completely
replaced any existing exemption
granted toward school district ad
valorem taxes, primarily because
of the way the law is written. This
would mean land owners ages 62-
64 would not be eligible for any
school tax break, regardless of
their income level, until their 65th
birthday.
In Section 1, under the
description of its purpose, the law
states: “The exemption granted by
this Act shall be in lieu of any
other homestead exemption from
Forsyth County School district ad
valorem taxes for educational pur
poses.”
Local tax officials want to
clear things up.
“I think we just interpreted it
incorrectly,” Kirkpatrick said,
BUSES from 1A
unit, which is kind of the ‘brains’ of the sys
tem, is going to be replaced.”
Allen said the situation is not so urgent that
buses must be removed from the highways.
“The buses can operate on a daily basis as
long as the other inspection has been per
formed,” he said.
“Our inspections were conducted in
August, so we feel comfortable with them. If
DUI from 1A
kenship got out and ran from
deputies. He attempted to fight
when he was arrested, later biting
off the mouthpiece to a breath
alcohol test and spitting into the
machine, according to the sher
iff’s office.
Blankenship suffered a minor
cut as a result of the accident. He
was treated and released at an area
hospital, then taken to the county
jail, where he remained in custody
on $11,700 bond Monday after-
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Forsyth County makes Its case
The following are excerpts from the letter draft
ed by attorney Frank Jenkins 111 for the Forsyth
County Commission and addressed to Ms.
Catherine Ross, executive director of the Georgia
Regional Transportation Agency.
The letter, which has yet to be approved by the
commission, is in response to GRTA’s proposal to
activate its jurisdiction over Forsyth County and 12
other counties included in the nonattainment area
for federal air quality standards. That action could
come at the next GRTA board meeting scheduled
for Wednesday, Sept. 13.
• “The proposed action of the GRTA Board will
violate the U.S. and Georgia Constitutions. We also
believe that various provisions of the GRTA Act
itself violate the Georgia Constitution. We would
therefore request that the Board refrain from acti
vating jurisdiction over Forsyth County. If jurisdic
tion is activated, it would be the County’s intent to
challenge that action in court."
• “GRTA has no evidence that Forsyth County
itself is a nonattainment area. As you well know,
the EPA designates the entire Atlanta Metropolitan
Statistical Area as nonattainment. Forsyth has been
lumped in with the Atlanta MSA, which is nonat
tainment. However, EPA has never even maintained
a monitoring station in Forsyth County, and has no
data that the County has or contributes to excess
levels of ozone. That is a violation of substantive
the power to halt projects the
county has approved if the project
is deemed not to be in the best
interest of the region.
County Administrator Stevie
Mills said he understands that air
quality is a regional problem that
requires a regional solution but,
like Jenkins and Kieffer, he ques
tions GRTA’s authority.
“The powers given to GRTA
definitely concern me and it con
cerns the board of commissioners.
The way I understand it, [GRTA]
would have control of all projects
adding her office originally inter
preted the law to mean that all
other homestead exemptions from
school taxes would be voided by
the total exemption that goes into
effect Jan. 1,2001.
Since that initial interpretation,
Kirkpatrick said she received a
call from state Rep. Mike Evans
and the state legislative counsel,
attorney Joe Scheuer, and got a
clarification.
Scheuer co-authored the total
exemption law introduced by
Evans.
Kirkpatrick also confirmed
Scheuer’s clarification with the
state attorney general’s office.
"As it turns out, this law
replaces the ‘old’ law if you’re 65.
Otherwise the ‘old’ law applies,”
Kirkpatrick said.
“The attorney general’s office
said ‘in lieu of’ indicates that
[senior citizens] must choose one
exemption, but they cannot be eli
gible for both of them. The intent
of the [law] is that we will still
we had found some wires that had been
frayed, then we may have been more con
cerned. <
“I feel good about what International did,”
he continued.
Representatives of Bendix Corporation said
during Labor Day weekend that a handful of
minor accidents may be related to its product.
The Bendix ABS defect has been blamed for
noon.
He faces a host of traffic
charges: fleeing and attempting to
elude police, DUI, passing on a
double line, speeding, driving
with an open container of alcohol,
driving on the wrong side of the
road, two counts of reckless dri
ving, driving after being declared
a habitual traffic violator by the
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due process, both under the State and Federal
Constitutions.”
• “...There is simply no evidence to justify
labeling Forsyth nonattainment, and there is no evi
dence Forsyth County emits excess ozone. The
reliance on the EPA’s 1990 "nonattainment" desig
nation, which proves nothing about the actual emis
sions from Forsyth County, is without rational basis
and arbitrary. The arbitrary classification of Forsyth
County as emitting excess levels of ozone without
any evidence, is a violation of substantive due
process under the State and Federal Constitutions."
• “...The necessity of GRTA authorization to
offer the local government services is effectively a
withdrawal of the powers and therefore unconstitu
tional. To exercise the listed powers, the exercise of
such power must be 1) subject to the authorization
of the authority; 2) consistent with the terms of any
authorizing resolution of the authority; and 3) con
sistent with the regional plan or plans approved by
the authority. That effectively withdraws the power
from Forsyth County, and is an unconstitutional
violation of Home Rule."
• “These many problems with GRTA’s actions
are the basis for Forsyth County’s objection to the
activation of jurisdiction. We hope the GRTA
Board will consider its actions carefully at its Sept.
13, 2000 meeting and decide in favor of not assert
ing jurisdiction over Forsyth County.”
that have a regional significance
and that definitely affects our
decision-making process.”
GRTA officials downplayed
the significance of the upcoming
use of the agency’s jurisdictional
powers.
How and when GRTA would
become involved in governance
over such projects is still a mys
tery, according to Mills, who said
he doesn’t yet know what
sequence of events would bring
GRTA’s authority to bear in the
county, or how the mechanics of
offer the [exemption] to those age
62 if they qualify.”
In addition, the attorney gener
al’s office informed Kirkpatrick
that multiple exemptions already
exist under law.
The normal homestead exemp
tion in Forsyth County for all
home owners is $5,000. Elderly
exemptions already in place
include an additional $5,000
exemption for some property
owners age 65 or older as of Jan.
1 of the current year.
That exemption is available for
households that meet specific
income requirements. Gross
income of the entire household
from all sources cannot exceed
$16,000, including Social
Security, retirement, pension and
any other income.
In addition, a school tax
exemption exists for residents
who are at least 62 years old. The
school tax exemption applies to
the value of the home and three
acres or $20,000, whichever is
Georgia Department of Public
Safety and not wearing a seat belt.
Officials said Blankenship
could face additional charges for
causing damage to the trees and a
sprinkler system in the Lowe’s
parking lot.
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such a decision-making process
would work.
GRTA spokesman Chuck
Walston said, “People are always
going to be concerned about
change, but the fact is that we
have a regional problem and the
legislature felt we needed to do
something different. This is not
about GRTA coming in and usurp
ing zoning.
“This is more about working
with people to help them under
stand what the regional issues
are.”
greater. Gross income of the entire
household from all sources cannot
exceed $16,000, including Social
Security, retirement, pension and
any other income.
Residents who will be 65 years
old by Jan. 1, 2001 can apply for
the total exemption by bringing
proof of age, such as a birth cer
tificate or driver’s license, to the
tax assessor's office between Jan.
I and June 1, 2001. The home
stead exemption applies only to
taxes levied on the senior citizens'
place of residence and surround
ing property.
For more information, resi
dents can call the tax assessor's
office at (770) 781-2106.
Introduced in the 2000
Georgia Legislature by state Rep.
Mike Evans, R-28th, and state
Rep. Bobby Reese, R-85th, as the
Forsyth Senior Citizens’ Tax
Fairness Act, HB 1709 was passed
by the Georgia House and Senate
in March and signed by Gov. Roy
Barnes in April.
causing vehicles to lose their ability to brake
for up to a few seconds while decelerating
from eight to four miles per hour.
Allen added 25 buses are currently on order
from Freightliners Corporation, but those
buses are not affected by the recall.
"The 25 buses on order will be
Freightliners with the Wabco braking system,
which is not part of the recall,” he said.
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COURT from 1A
before a magistrate to answer the
charge. In regard to that incident,
Hardwick charged in the petition
that police infringed on his client’s
First Amendment rights because
he was told to discontinue the
practice or face the prospect of jail
time with no bond.
“Every one of our citizens has
a right to record the actions of
police and that was all Smith was
doing,” Hardwick said, adding the
threat caused Smith to put away
his video camera.
In response to the petition,
Jones defended the actions of his
department.
Jones said he looked into com
plaints from residents who were
unsatisfied with the service they
received from Decuff Electronics.
He said steps were never taken to
revoke the couple’s business
license.
"If the city council and mayor
thought we were investigating
businesses to do that, he'd fire all
of us,” Jones said Wednesday.
"When we get complaints we have
to check them out.”
Jones denied spreading rumors
about the Smiths.
Barbara Smith, who referred
comments about the lawsuit to her
attorney, stood inside the couple’s
small repair shop off Pilgrim Mill
Road Wednesday afternoon, peer
ing from behind a counter loaded
down with televisions. Despite the
pending lawsuit, Smith said
Decuff Electronics is swamped
with business.
Hardwick admitted the case
has a slim chance of being heard,
given that the Supreme Court
decides to hear approximately
three percent of the 5,000 petitions
it receives each year.
According to Hardwick, the
case could shed light on whether
police can, without any evidence
of criminal wrongdoing, actively
solicit complaints from the com
munity for the purpose of shutting
down a business.
The case also provides an
opportunity for the Smiths to final
ly prove a point.
“It’s also unusual for a citizen
to stand up and be counted
because it’s not cheap and easy to
get there,” Hardwick said.
Correction
In the Thursday, Sept. 7
edition of the Forsyth
County News, under the
picture about the donation
of two rocking chairs to the
emergency room of Baptist
Medical Center in
Cumming, we incorrectly
identified Chuck Lauinger,
owner of Cedar Mountain
Rustic Furniture, as Erick
Wilkins, the father of Ryan
Wilkins who is also pic
tured with ER Services
Manager Cindy Reid.
Forsyth County News
J Your "Homotown Papor" Siuco 1908 J
USES 205-540
302 Old Buford Road, Cumming, Georgia 30040
Phone: 770-887-3126 Fax: 770-BmOl7
e lnternet Address: www.forsythnews.com
Publisher DENNIS STOCKTON
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Advertising Director BARBARA SCOHIER
Circulation Director PHIL JONES .
MEMBER
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Company, 302 Old Buford Road, Cumming, Ga. Second Class Postage paid at
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Deaths
Francis W. Raed
Mr. Francis W. “Red" Reed,
81, died Sept. 5, 2000. He was /
retired grocery manager, formerly
of Charlet Town, W. Va, and
Richmond, Va. Mr. Reed was a
member of Welborn United
Methodist Church and the Mason
ic Lodge West Hampton No. 302
AF&AM, Scottish Rite of Free
masonary both in Richmond, Va.,
and past governor of the Loyal
Order of the Moose in Charles
Town, W. Va. He was preceded in
death by his wife, Marjorie L.
Reed.
Survivors include his sons and
daughters-in-law, Donald B. and
Lynne Reed Os Nashville, Tenn.,
Richard A. and Laura Reed of
Atlanta; sisters-in-law, Mrs.
Dorothy Baker of Flint, Mich, and
Mrs. Helen Kelican of Charles
Town, W. Va.; five grandchildren
and one great-grandchild.
Memorial services were held in
Cumming Wednesday, Sept. 6, ar 6
p.m. at the Ingram Funeral Horae
Chapel with Rev. Al Cunningham
officiating. Graveside service were
at Edgehill Cemetery in Charles
Town, W. Va. on Thursday, Sept. 7
at 4 p.m.
In lieu of flowers, contributions
can be sent in. memory of Red
Reed to the Masonic Home of
Virginia, 4115 Nine Mile Road,
Richmond, Va.
Ingram Funeral Home was in
charge of the arrangements.
Forsyth County News
September 8, 2000
Ruby Samples Stewart
Mrs. Ruby Samples Stewart,
85, of Cumming died Wednesday,
Sept. 6, 2000. She was preceded in
death by her husband, Ancil, and
son, Junior Stewart.
Survivors include her children,
Evelyn and Garston Green of
Cumming, Lillian and Edwin
Mullinax of McDonough, Louise
and Roger Smith of Buford,
Margie and David Hitt of Buford,
Mary and Clyde Martin of
Cumming, Jerry and Geraldine
Stewart of Canton, Ancil Jackie
and Arlene Stewart, of Cumming,
Brenda and Tommy -Estes of
Cumming; sisters, Lee Clara
Kinard of Gainesville, Allene
Gilbert, Eula Gene Shadbum, Lula
Mae Smith, Effie Mullinax, Edith
Pruitt, all of Buford; daughter-in
law, Nellie Stewart West of
Lawrenceville; more than 100
grandchildren, great-grandchildren
and great-great-grandchildren;
several nieces, nephews and othir
relatives
Funeral services will be Friday,
Sept. 8, at 2 p.m. in the Ingram
Funeral Home Chapel with the
Revs. Gerald Richards, Ronnie
McCormick and Jackie Stewart
officiating. Interment will be in
Shady Grove Baptist Church
Cemetery.
Forsyth County News
September 8, 2000