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2008 January-March

It has been my goal to have the enterprise fund balanced.  The enterprise fund is the part of the budget that acts like a business.  In our case it is Water, Sewer and Solid Waste.  If there is a deficit, then our property taxes are needed to balance the fund.  In the case of trash where all residents are required to use the service, a deficit isn't a huge issue.  But for water and sewer where only a portion of the residents can enjoy the service, a deficit would mean that those who can not enjoy the service are subsidizing those that can use the service.  Since the line has been drawn to make everything balance, the service fee is needed to bring the solid waste fund into good standing.  

"Bad week for: Inconvenient truths, after it was revealed that Al Gore’s energy consumption at his spacious Tennessee home rose 10 percent in 2007, despite the installation of solar panels and more efficient light bulbs. Gore still consumes 50 percent more electricity every month than the average American does in a year." (click here for the source)

It is funny how people will tell you how to live, but use a different rule book entirely.   

I can remember debating with my professor in college about the 2nd Amendment.  He asserted that the amendment was a State right, because it was "necessary to the security of a free state".  I always had two thoughts on this issue: 1- the framers of the constitution placed this in the Bill of Rights, which are individual rights, and 2- when the framers of the constitution used the state clause they were well aware of the contribution of the militia and the fact that the militia provided their own arms to the battles.  In the opinions stated, the "Petitioners and today’s dissenting Justices believe that it protects only the right to possess and carry a firearm in connection with militia service."  It becomes a chicken and egg argument, there can not be a militia unless the people have the right to bear arms.  

The legacy of George W. Bush will be in his court nominations: Cheif Justice John Roberts and Samuel Alito; these two judges joined by Anthony Kennedy (Reagan), Clarence Thomas (G.H.W. Bush) and Antonin Scalia (Reagan) have been the foundation for the conservative effort on our country.  

I have been very disappointed in some of the other "conservative" judges like David Souter (G.H.W. Bush) and John Paul Stevens (Ford), but I guess they are better than the mistake Eisenhower made when he appointed Chief Justice Earl Warren.  

As we approach the next election, people shouldn't consider the fuel prices, the housing issues, value of the dollar, or the deficit when they make their choice for President; what they need to consider is our Supreme Court.  While I am not overly excited about either candidate, we need to consider who will nominate those that will best uphold the Constitution of the U.S.  

Savannah is much improved since my last visit almost 20 years ago.  The city looked to be in great shape.  It is funny that Savannah is often used as an example of Historic Preservation gone awry.  Using the 20 year looking glass, on the surface, it seemed to work O.K. there.  

Then it was off to the city council meeting.  The biggest issue was with the water and sewer rates (click here for the article).  The council and staff need to be commended for two things: 1- for setting the water and sewer rates to balance the fund and 2- for allowing for a hardship discount.  However, the proposed rate perpetuates a great injustice by allowing for 2 different rates based on when you moved into the city.  A resident that moved in after June of 2000 has to pay ~45% more than a person who lived in the city on or before June of 2000 even though they use the exact same service.  In fact, the base rate for a "New Resident" is the same that we charge for someone who lives outside of the city limits.  

During the discussion it came up that I do not use the city's services because of where I live.  I rebutted by saying that I would like to because it is still cheaper than what I pay.  Needless to say, I voted against the resolution.  

I have told many of you that my butt is getting splinters from sitting on the fence on this issue.  Using the basic values of government I could argue against the added layer of government in the form of additional regulations and checks.  Also using the basic values I could argue that private industry can not maintain community standards or preserve history.  

One of the few positive comments about the district came from an owner within the district.  When I said that I did not see much history in Flowery Branch that needed protecting beyond Main Street, he replied by saying that a Historical Preservation Committee could create history as much as they preserve it.  A good example is in the Hortman-Dobbs project; here you had a history in the Chattahoochee Furniture Factory that was torn down to create history in new usable buildings like the Railroad Building seen below.  

So while I sit here on the fence I can tell you that I am getting a good view.  I can also say that I don't like the current map, but I am hardly sold on the new one either.  

I have heard the argument about the old citizens bearing the original cost of the water and sewer, so they shouldn't have to pay for the infrastructure since 2000.  I think the article has a quote out of context attributed to our city manager on this issue.  The thing I see is that most of the capital improvements we are doing would be on the old system, not the new.  I do not believe that I can support a rate structure that has neighbors paying different rates based on when they moved into their home.  

Our city promotes business that are licensed.  Their information is put on the website (when requested) as well as given out when homeowners call or stop by and ask for local license holders for certain projects.   Additionally, the business license also protects the homeowners.  For instance if you have a business in your home the business license owner is made aware of the do’s and don’ts that pertain to the residential zoning that they are doing business in. An example would be regulations for large trucks parked on their property, storage of inventory, hours of operation, and types of businesses.  As a matter of practice the city planner, James Riker, reviews all business licenses to protect you as a homeowner from unwanted activity.

Now who says that I don't let other people have a say:)

So today I paid the city $100 for nothing.  I say nothing because I get no value add for having the license, and I have made no impact on the city to justify having to pay for the license.  It is just another tax on small business.  

There is no doubt that the vast majority of the people there do not want to be in the historic district.  The feeling is that they have to give up control of their property to another group.  It is obvious that there has been a misimpression or bad experience with the district or commission in the past.  

Kellin Dobbs of Hortman/Dobbs Associates who happen to be doing a huge development in the historic district spoke in favor of the district and said that because of the assistance of the commission, he has a better product.  

This is going to be a tough decision.  I choose to move into an area with an HOA, so I understand the issues, but the key word is that I choose to move here.  It is not a choice for some of these people.  

It looks like we have 2 items on the agenda (agenda can be seen here): 1- the historic district boundaries and 2- the annexation and rezoning of the property on the corner of Spout Springs and Hog Mountain. 

Boundaries for historic districts can be very emotional and charged.  It will be interesting to see if anyone shows up.   

While I was unable to get the confirmation, the trip wasn't a loss.  We did find the final resting place for the first born in America from my line, Daniel Lutz.  Pictured here is his headstone.  I was also able to make some contacts to assist in my research.  

This battle was unusual because it was militia against militia.  So there were no cannons and no bayonets.  It was battles like these that prove that the 2nd Amendment is about an individual's rights.  These people battled with what they had, not what was issued by the government.  

Some will say that higher fees are the same as tax increases.  In this case, I would say that there are not.  The water, sewer, and trash fund need to be balanced and a reserve fund needs to be built to cover contingencies.  In the case of trash, a contingency could be to cover the cost of clean up after a natural disaster.   

On another note, the LED billboard regulations that I proposed have been unanimously approved by the city council (click here for the article).  Thanks to the other council members, the city attorney, and the city planner for their efforts and cooperation. 

Another kudo needs to go to our City Clerk, Melissa McCain, and staff who walked in this morning and discovered the air conditioner broke in the council chambers.  She was able to quickly have the depot put together for our meeting today.  

The  General fund will be using some reserve dollars to get through this year.  We need to hope that the economy turns or we will be faced with tough fiscal decisions next year.  

I have seen a proposal for the enterprise fund and I am not encouraged by the direction.  I will keep you posted when I find out more. 

To be upright a person has to be honest and just.  My dictionary lists it as adhering to rectitude which is rightness of principle or conduct.  It could be considered your moral virtue.  

I will move forward in the fight to regulate LED billboards, not because it is any of my business, but it is the business of the city which I have been elected to represent.  When the council had our retreat, we took time to lay out our City's Mission Statement: “Provide with integrity, friendly, effective and efficient services to all; to preserve and improve the quality and the character of our community.”  During our discussion we talked a lot about a safe environment and agreed that safety was the key component of quality.  My fight is to keep the City of Flowery Branch safe for those who live here or travel through here.    

1- My motivation for running for office was to serve the public and I think that Paul is selling short the 67% of the voters that cast ballots with my name on it.  Now that I have been elected, I am trying to do what is best for the whole community, not just the 67% or a small portion of the people that voted for me.  I do not represent any special interests, nor was I supported by any special interests during my campaign.  Now that I am here, am I any smarter?  No, but I am more informed and I will continue to work on staying informed for the benefit of the community.  

2- Paul makes the assumption that there are already LED billboards in Flowery Branch and we are doing a bait and switch on business owners.  Currently there are no $1m signs in Flowery Branch.  We are looking at our zoning codes which includes all signage.  It sounds like that if things were done Paul's way there would be no laws or regulations at all, which would make it tough for a Lawyer to make a living in that environment.  We could have taken the path of the City of Acworth or Coweta County and just prohibited LED signs, but I don't think that is fair or proper.  What Paul overlooked is that I approved the first reading to allow these types of signs in Flowery Branch, because I believe in freedom of commercial speech.  I also believe in keeping our roads safe for our citizens and those people who drive through our community.  

3- Paul spouts off at my concerns about safety (BTW: bureaucrats are in the executive branch, I am in the legislative branch), but he doesn't engage in the debate.  Click here to see just one of the many studies I have looked at.  He makes the assumption that I pulled 53 seconds out of the air, but hasn't asked for logic behind the number (which was posted in the news article he cites).  There are many areas that we could debate including the restriction on the First Amendment or possible breach of due process or equal protection in the Fourteenth Amendment, but instead, Paul insinuates that I am making up rules to help my buddies out.  The last time I checked, I didn't have any "buddies" in the outdoor advertising industry.  

4- I couldn't help but to chuckle when I noticed that he posted this in a category labeled as Democrats.  I would say that the only Democratic President I ever liked was fictional, not for his policy on Gun Control or CO2 emissions, but I liked him for his flair and conviction for free speech.  You can click here to see President Andrew Shepherd in action.  The question here is why are you screaming at me?  Would it help if I joined the party?  Fine then, check is in the mail.  

If we are done with the character assassinations, please feel free to call me and we can discuss the balance that government has to take between capitalism and safety.  We can discuss things like free speech.  We can also discuss how we can have different opinions and still be Republicans.  Click here for my contact information. 

The draft budget, which can be viewed here, is not on the agenda for this meeting.  The staff is working to assimilate all of the input they have received from the Council over the past week.  My guess is that we will see another budget for the June 4th meeting with a vote.     

I think I have said enough about the LED billboards for now.  They have studies at City Hall that you can go to view.  Tomorrow, I will post something on the other big items. 

This evening we had a public hearing on the budget and those LED billboards.  The only public that showed up, however, was the Mayor's husband.  The planning staff has prepared restrictions for LED bill boards.  While it will not go as far as I would like, I guess restrictions are better than nothing at all.  I am considering an affirmative vote even though it is not an all out ban; let me know what you think on the issue.   

The next order of business is the budget.  We have a public hearing on Thursday night to hear public comments on the budget and LED bill boards.  You can view the agenda by clicking here.  

I already started addressing some of my concerns about each in this blog.  I hope to see you on Thursday night. 

The issue for me is should the city when the economy looks flat.  The city is looking to add another person to staff (at a cost of only $64,500).  This new person could help with some costs and improvements, but I am concerned that it may only be a 1 year gig unless the economy turns around.  

Even if the economy rebounds by this time next year, I am concerned that the increased revenue will not catch up to the city's proposed spending resulting in pressure to increase taxes in 2009.  As you know, I am not for higher taxes, so we should look to do our fiduciary duty now.  Stay tuned.  

On another note, congratulations to Marty Hortmann and Kellin Dobbs as their Certificate of Appropriateness has been approved by the Historic Preservation Commission.  I am looking forward to seeing their project get off the ground this fall.  

In 2007 the Operating Revenue for the General fund (taxes, fines, permits, etc) budget was $2,659,824 with expenses of $2,585,824 for an operating profit of $74,000.  I do not know the final outcome for this budget, but a less than 3% variance seems appropriate.   

In 2007 the Operating Revenue for the Enterprise fund (Sewer, Water and Trash) was $1,141,000 while the Operating expenses were $1,399,118 for a loss of $258k!!!  This is a 22% over run.  

We will need to watch this and see what 2008 looks like. 

Yea, it has been awhile.  I guess I was blogging so much before because while in school I was required to keep a journal.  Now that I am about to graduate, I don't do it anymore.   I will try to get back on track.  

This week will be busy.  We have a Council meeting on Wednesday were we receive the preliminary budget, we have a Historical Preservation public hearing on Wednesday to discuss the Hortmann-Dobbs Project, and we have a public hearing Thursday night to hear comments on the budget.  There should be plenty to write about this week.  

There doesn't appear to be much on the agenda which can be seen here.  We are coming to budget time and the staff is beginning to add more to our books.  Just to get it on your calendars, the public hearing for the budget will be on May 8th.  

I was also informed that I was selected to the Beta Gamma Sigma International Honor Society.  This has been an exciting weekend as wrapped up our coursework.  This afternoon we had a panel of business leaders answer questions for the class.  I asked a question about the value of my M.B.A. and how long of a window do I have to capitalize on the skills; Steve La Mastra, president and chief operating officer of Raving Brands, informed me that if all I do with my M.B.A. is add it to my resume, then it will have a very short shelf life.  But if I apply the lessons daily, then it will last a life time.  Dr. Paul Lopez followed it up by saying that my position with the city should provide plenty of opportunity to exercise the skills learned during the program.  I am so looking forward to it.  

There has been some thought that if a study comes out conclusively proving that LED billboards are a distraction to drivers making them unsafe, that we could change the law and repeal them. The issue, however, is that if we grant a permit now, we are stuck with the signs forever.  Lamar Adver. of S. Ga., Inc. v. City of Albany, 389 S.E.2d 216, 217 (Ga. 1990) concluded that the billboard company had a vested property right to erect sign after obtaining permit to build, despite subsequent change in sign ordinance prohibiting permitted signs.  

I called Doug Hecox with the Federal Highway Administration about a study they are going to conduct on LED Billboards. I was informed that they are currently working on the details of the study now. They hope to have the process documented and published by end of summer this year, with data gathering to start by the end of the year. They are looking to have the whole study published in 2009.  This is not designed to paint the LED Billboards as the root of all evil, it is designed to see if there is a correlation between LED Billboards and highway accidents and to catch up with the new technology.

While there have been some studies on billboards they have all been done in an era that did not include cell phones, fast food, DVD players, or GPS devices.  There are certainly more distractions today then there were 15 or more years ago.  There was an interesting study on mechanical (placard billboards) done in 1967 on 3 billboards in Chicago; in studying crash rates, two of the billboards did not show a significant change after the billboards were erected, however the 3rd sign did show an increase in crashes.   The difference was that the 3rd board had alternating lights.  

I think there is enough evidence to press for a delay until we can review the results of the Federal Highway Administration due next year.  If you would like to read more about past studies, click here. 

Today we had our first council meeting since our retreat.  I have kidded to several of you who asked how the retreat went by saying that I finally learned the second verse to Kumbaya, but in all seriousness, I think it helped a lot.  Today we were able to put to rest those February 6th minutes.  Things went smoothly.  

Council Member Jones and I also agreed to disagree on LED Billboards.  This is a new issue that may not have as significant of an impact on the citizens of our city as it will for those who travel though it on I-985.  The issue is what to do with the new LED billboards and we have 3 options: do nothing, place regulations around things light intensity and frequency of changes, or do we prohibit the signs all together.  

Those of you who were at the meeting or read the paper know where I stand: prohibition.  Council Member Jones is of the opinion that if we prohibit the LED billboards, the city will most likely be sued by the billboard companies, which would be very costly to the city.  Fundamentally, for the city this issue breaks down to freedom of speech under the First Amendment verses public safety and the cost of potential litigation verses the cost of human life.    

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2008 January-March