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PAGE 2A > 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- [Antiques & Ice Cream [ I Cumming Antique Mall & Cafe' l | WRTHCEORCIA TURF, Inc. TIFSPORT BERMUDA -New, More Cold Tolerant g ZOyslA-EHoro, Meyer, Zeon, FESCUE Farms located near Douglasville & Clarksville, GA 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 I IRS I CAI L LORJ 111 LP 781-HELP (4357) Emergency help line for 1 Forsyth County. , 7_ 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. 4)uie Tjones 59 N. Main Street • Alpharetta • 770-475-6554 Alpharetta's only funeral home since 1899 • Advanced Planning Specialists • Affordable Excellence in Personal Service • Cremation • * Local and out of town transportation tour Local Hometown Staff AraiiaUa 24 hows a day. every day of ths year 770-4754664 24HowOW Information 770-4754666. Professional and Supportive Sfeff Avaiirtie lor Immediate Consultation Gilbert Phillips Mike Casflobsrry Randy Jones Jason Sanden Richard Bobo original carpet warehouse 5 90 DAYS 770 889 9753 S Wo ME iRBi a_ 1/4 Mile From Loen's al Hwy JW |Q ■C aameASLasn <*■*«*> imw fossa bumim 3m MBI HHB No purAmm moMM? 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. [Antiques & Ice Cream] I “Cumming Antique Mall & Cafe'l | 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 General Manager NORMAN BAGGS Advertising Director BARBARA SCOHIER Circulation Director PHIL JONES . MEMBER Published Sunday, Wednesday, Thursday and Friday by the Forsyth County News Company, 302 Old Buford Road, Cumming, Ga. Second Class Postage paid at Cumming, Ga and additional offices. Subscription rate for Forsyth County, $42 per year; other Georgia and out of state subscriptions are S7O per year. Any unused portion of a subscription balance will be gladly refunded. However, all refunds due the subscriber are subject to a processing fee, which will be automatically deducted from the subscription balance refund. Advertising rates and deadlines available upon request. Postmaster: Send address change to Forsyth County News/P.O. Box 210, Cumming, Ga. 30028. . A Swartz-Morris Media Inc. publication Miss your paper? Call 770-887-3126 We deliver replacement papers within Forsyth County. If your newspaper is not delivered by 6:30 am., please call the circulation department at 770-887-3126. Service calls will be taken from 8 am. until 6 p.m. on Wednesday, Thursday and Friday, replacement papers will be delivered from 2p.m. to sp.m. Sunday calls taken from 9 am. until I p.m. on Sunday, replacement papers will be delivered from 11 am . to 2p.m. If your call is received during the above listed times, a replacement copy will be delivered to your home. Calls received after the above' times will be extended credit to their account or delivered with next issue. Any changes in publication will be announced in preceding issues. Advertising Deadlines For Sunday’s paper retail and classified display ads are due by noon Thursday. For Wednesday’s paper retail and classified display ads are due by 5 pun. Frittoy. For Thursday ’» paper retail and classified display ads are due by noon Monday > For Friday’s paper retail and classified display ads are due by noon Tueaday. Classified Line Advertising Deadlines (Help wanted, garage tales, rentals, etc.) For Sunday’s paper classified line ads are due by noon Friday. For Wednesday’s paper classified line ads are due by noon Monday. For Thursday’s paper classified line ads are due by noon Tuesday. For Friday’s paper classified line ads are due by noon Wednesday. Legal advertising is due by Friday noon and runs only in Wednesday's paper. 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