Showing posts with label Annexation. Show all posts
Showing posts with label Annexation. Show all posts

Friday, March 2, 2012

Is the Peachtree Corners City Charter a Sham?

Many in Washington look upon the Constitution as an ancient document written by a bunch of old guys with almost no relevance to today.  It is ignored or circumvented when working within its bounds is deemed too cumbersome or inconvenient.  The Peachtree Corners City Charter is the city’s “constitution”.  It describes the boundaries of the city, how the city will function, how it will add services, elect officials and collect taxes.  It clearly states that the charter may only be changed by a referendum of the city’s citizens.  But a small group of politicians just changed the charter without any such vote by the citizens.  
These politicians, including mayor-to-be Mason, the Berkeley Lake Mayor Salter and State Representative Tom Rice, met together, decided that a stretch of land along Peachtree Industrial would go to Berkeley Lake despite being ratified in the Charter as belonging to Peachtree Corners.  Bill 956 was passed by the State House on February 27, 2012.  It amended our charter by legislative fiat.  No citizen referendum.  Poof! 161 businesses are no longer in Peachtree Corners because a group of politicians banded together to go around the city’s “constitution.”  Promises were made during the vote for cityhood.  Those promises have already been broken.
Now, I believe that if a group of residents or businesses want to secede from the City, they should be allowed to do so by following the rules in the Charter and State Law.  What is shocking is how quickly Mr.  Mason and Mr. Rice directly circumvented a referendum because they saw the need to do so.  Mr. Rice has offered all sorts of “I know what’s best for you” reasons.  But rather than explain those reasons and let the citizens vote per the charter, he used his political power to simply act.  What else do these politicians think needs action and going to the voters is just too much trouble?  What do they think we need next:  Perhaps a police department, a big city hall, more tax revenue, more, more, more.  But we certainly need no votes by the citizens.  That is just too inconvenient and the voters won’t understand anyway.  They need the superior intellect of us politicians to tell them what is best!  Yikes folks.

In November, we didn’t vote to become a city because we wanted to write 'Peachtree Corners' on our return address- we voted to adopt the charter. The charter defined our boundaries. The charter was sold to all of us as having protections built into it that no other city had- it could not be changed without a referendum.  By legislative fiat, Tom Rice and his cronies just changed the charter without our vote.  This isn’t an issue of whether I pay the legal fees to fight Berkeley Lake annexation attempts, it’s much more fundamental than that.  The city we voted on in November will now no longer exist.  Is the charter still a legally binding document or not? And if it is, what good is the supposed requirement for a referendum if Tom Rice and his buddies down at the statehouse can sit down over a glass of bourbon and a good cigar and do whatever the hell they want to do anyway?  Remember that cities exist at the will of the legislature, so political friends there will allow quick changes to our Charter whenever it is convenient for them.  And the rights of we the citizens are just so much lip service.
Be sure to vote on March 6.  Be sure to pick people absolutely dedicated to protecting your right to referendum laid down in the Charter.   Do not surrender this city to the elitist “I know what’s best for you whether you like it or not” politicians.  Mike Mason looks to be that kind of politician.  Figure out who his friends are and who is a thorn in his side and make sure we have a council that will stick up for us.  Candidates, show us if you have any thorns please.  Post your comments on our Facebook Page.

Sunday, October 23, 2011

12 Myths and 3 Facts About a New City of Peachtree Corners

In discussing the pros and cons of Peachtree Corners becoming a city, residents have given many reasons for and against becoming an incorporated city. But how many of these are not valid reasons for becoming a city?

Myth #1. “We will have more police protection.” - Not true. Fire and police protection will remain the responsibility of Gwinnett County, as they always have. Unless residents vote later to take responsibility for police protection, and vote themselves taxes 5 to 6 or more times the projected city rate of 1.0 mills, this will not change.

Myth #2.  “We can have Peachtree Corners as a mailing address.”- If you live in 30092, you can do that now. In fact the post office is in Peachtree Corners, Georgia,.

Myth 3. “I will vote for it because of the schools and the kids.” - Becoming a city has nothing to do with schools or children. Gwinnett County will continue to provide public education, as they do in every city except Buford which has always had its own school system.

Myth #4.  “More sidewalks.” - Not true. Roads and sidewalks will continue to be handled by Gwinnett County.

Myth #5. “It will keep the taxes down.” - Not true. Taxes will be raised not only for property taxes, but ad valorem on cars as well, plus franchise fees and a 2% tax on power bills, which we do  not have now.

Myth #6.  “It will keep out development and businesses we don’t want.” - This is nebulous and debatable. Zoning in place cannot change and current county zoning is totally adequate.

Myth #7.It will raise our home values.” - Pure speculation. The economy, the home itself and location determine home prices.

Myth #8. “Voting No is no option. - Of course it is.

Myth #9. “Peachtree Corners will disappear if we are not a city.” - Of course not.

Myth #10.   “Vacant buildings will fill up.” - Really. How would this happen?

Myth #11. “We will be annexed into Norcross.”  - Not unless a majority of residents vote to do this.

Myth #12. “We will get away from Gwinnett County.”  - Not true. Gwinnett County will continue to provide all services except planning and zoning, trash collection and code enforcement. County taxes will not go down/

Now, let’s look at the facts.

Fact #1. “Taxes will go up.” - VoteYes supporters admit this. City taxes are zero now and can be raised. The tax on power bills is zero now - it will go to 2%. Franchise and business license fees can and will be raised. Ad valorem taxes on vehicles will be raised.

Fact #2. “Another layer of government will be added.” - What is another layer of government if not a mayor, city council and dozens of city employees.

Fact # 3. “We don’t need a city.” - We don’t need a city because Gwinnett County performs all the services the new city would perform, with no increase in taxes.

Become an informed voter. Read the facts, and ignore the myths.  

Wednesday, October 19, 2011

Five Methods of Annexation and How They Work

In the current debate over cityhood for Peachtree Corners, much has been said and written on the matter of annexation. Some have declared, apparently with omnipotent knowledge, that if we don’t incorporate we WILL be annexed. Others have hysterically claimed that we will be ‘gobbled up’ by one or more of our neighboring cities and Peachtree Corners would ‘cease to exist’.

Missing from the discussion is the truth about how annexation happens. There are five methods by which land can be annexed into a city, briefly explained below:

1. Local Legislation Method: the General Assembly can amend a city’s charter and annex land into the city. But if the area is more than 50% residential, or the population exceeds 500 people, the annexation must be approved by referendum.

2. 100 Percent Method: must be initiated by the ‘written and signed applications of all the owners of land’ proposed to be annexed.

3. 60 Percent Method: requires written and signed applications from at least 60% of the voters AND the owners of at least 60% of the land.

4. Resolution and Referendum Method: by resolution of the annexing city AND referendum of the voters in the area to be annexed.

5. Annexation of Unincorporated Islands: only applies to areas of unincorporated land surrounded by an existing municipality.

There are additional qualifications to each of these methods regarding the amount of contiguous borders, crossing publicly owned lands, crossing rivers, etc, that are more technical than the needs of this discussion. If you would like to read more legalese on the subject check the resources are of our Blog.

Bottom line- don’t let the proponents of cityhood scare you into believing that you will annexed into Norcross (or Duluth, Berkeley Lake, Johns Creek or Dunwoody) against your will. You will get the chance to vote on any such annexation.

Posted By: Bob