All:The following petition has been activated regarding the current discussion about gating city streets in Milton, Georgia. This petition is for those who are against such gating. Please click on the following link for more information:
http://www.gopetition.com/online/24726.html
For those who have a different viewpoint and / or petition, we are more than willing to provide equal airtime. Thus, feel free to email any such information to: sales@magnoliamedias.com and we will list it within 24 hours.
Thank you.
Tim Enloe
Magnolia Media, LLC
770 653 0552
20 comments:
Creek Club Dr. was a through street and has been since residents purchased their homes in Crooked Creek since the day the subdivision opened. What makes Creek Club Dr. any different than any other public through street who has seen increased traffic flow? Freemanville Rd, Birmingham Rd., Cogburn to name just a few in Milton?? Should we gate them all? At least Crooked Creek has sidewalks to walk on! The current Fulton County policy (adopted June 2007) says that for a street to be "abandoned" by the city, 100 percent of the people affected by the closing of the road would have to approve...of course Crooked Creek's HOA wants that number changed to 75%! I want to change rules, laws & guidelines on things I don't like too! If we gate this road where do fellow Miltonians expect the traffic to go? Our other through streets are already busting at the seams during prime traffic hours. Also, I thought Milton was trying to preserve a rural feeling in our community not one of "elitist fashion". I can't help but feel that part of the reason Crooked Creek is fighting so hard for this has less to do with safety (they could put speed bumps in to slow people down) and more to do with pomp and circumstance! After all, it sure would help their resale values to boast "Private Gated Community"
Thank our mayor for continuing this folly.
Thank the Mayor for everything. You wouldn't have internet access if it wasnt for him.
people-CALL YOUR MAYOR! Voice your opinion, sign the petition and spread the word.
Thank the mayor for everything including internet access? When did we elect Al Gore to be Milton's mayor?
No but some dumb idiot wrote "thank the mayor for continuing this folly".
Get a clue, idiot!
Why so hostile? Makes me believe there's something to the "mayor's folly".
Let's add another "folly" for mayor to consider. Gate all gravel roads and let the GRG maintain the gates and roads.
It is a Georgia State Law that a neighborhood can not be gated unless 100% of the Homeowners Agree. There is a 75% complicated way to qualify, but Crooked Creek would not qualify (it had to only be one developer, etc.....). Milton can not change STATE LAW only the STATE can make that change. So no matter how much they
"Crooked Creek" wants to GATE they will not qualify without 100% of homeowners agreeing. I just hope the Mayor and Council aren't wasting Legal expenses by getting opinions that they don't need - - STATE LAW overrides EVERYTHING!! No need for a Petition - it can not happen!
JJ canget state law changed, can she not?
I'd like to see a link to the state law regarding this...I've found the Fulton County link and from what I'm reading on page 5, Item II it doesn't even matter if Crooked Creek gets 100% agreement because it only connects 2 collector roads...per Fulton County, it wouldn't even be considered unless the neighborhood connected to a minimum of 3 collector roads...so this whole bit about 100% is a mute point.
Here's the county policy below, can anyone find and post the state policy?
http://rds.yahoo.com/_ylt=A0geu.G1lX9Jxx0AwidXNyoA;_ylu=X3oDMTEzcWFyOGJyBHNlYwNzcgRwb3MDMQRjb2xvA2FjMgR2dGlkA0gyMjdfMTMz/SIG=130d6v4h1/EXP=1233184565/**http%3a//www.co.fulton.ga.us/Fulton_County/departments/Road_Closure_Policy.pdf
In order to have a "gated community", the City must "abandon" the streets to the adjacent and abutting property owners. That would be each property owner along the road requested to be abandoned to be a private street. The attached statue contains requirements for the procedure the City must use to abandon the streets. Each abutting property has the right to a "yes" or "no" regarding that section of the road abutting their property. Without 100% "yes", the City cannot abandon the road to become a private street. The City is bound by this state Law.
O.C.G.A. § 32-7-4
GEORGIA CODE
Copyright 2008 by The State of Georgia
All rights reserved.
*** Current through the 2008 Regular Session ***
TITLE 32. HIGHWAYS, BRIDGES, AND FERRIES
CHAPTER 7. ABANDONMENT, DISPOSAL, OR LEASING OF PROPERTY NOT NEEDED FOR PUBLIC ROAD PURPOSES
O.C.G.A. § 32-7-4 (2008)
§ 32-7-4. Procedure for disposition of property
(a) (1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the department, a county, or a municipality acquired its property. The notice shall be in writing delivered to the appropriate owner or by publication if his or her address is unknown; and he or she shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. If, after a search of the land and probate records, the address of any interested party cannot be found, an affidavit stating such facts and reciting the steps taken to establish the address of any such person shall be placed in the department, county, or municipal records and shall be accepted in lieu of service of notice by mailing the same to the last known address of such person. After properly completing and filing such affidavit, the department, county, or municipality may dispose of the property in accordance with the provisions of subsection (b) of this Code section.
(2) (A) When an entire parcel acquired by the department, a county, or a municipality, or any interest therein, is being disposed of, it may be acquired under the right created in paragraph (1) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be acquired for the market value thereof at the time the department, county, or municipality decides the property is no longer needed. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property.
(B) The provisions of subparagraph (A) of this paragraph notwithstanding, if the value of the property is $30,000.00 or less as determined by department estimate, the department, county, or municipality may negotiate the sale.
(3) If the right of acquisition is not exercised within 60 days after due notice, the department, county, or municipality may proceed to sell such property as provided in subsection (b) of this Code section.
(4) When the department, county, or municipality in good faith and with reasonable diligence attempted to ascertain the identity of persons entitled to notice under this Code section and mailed such notice to the last known address of record of those persons or otherwise complied with the notification requirements of this Code section, the failure to in fact notify those persons entitled thereto shall not invalidate any subsequent disposition of property pursuant to this Code section.
(b) (1) (A) Unless a sale of the property is made pursuant to paragraph (2) or (3) of this subsection, such sale shall be made to the bidder submitting the highest of the sealed bids received after public advertisement for such bids for two weeks. If the highest of the sealed bids received is less than but within 15 percent of the established market value, the department may accept that bid and convey the property in accordance with the provisions of subsection (c) of this Code section. The department or the county or municipality shall have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale.
(B) Such public advertisement shall be inserted once a week in such newspapers or other publication, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the first publication. Such advertisement shall include but not be limited to the following items:
(i) A description sufficient to enable the public to identify the property;
(ii) The time and place for submission and opening of sealed bids;
(iii) The right of the department or the county or municipality to reject any one or all of the bids;
(iv) All the conditions of sale; and
(v) Such further information as the department or the county or municipality may deem advisable as in the public interest.
(2) (A) Such sale of property may be made by a county or municipality by listing the property through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is located or outside the county if no such business is located in the county where the property is located. Property shall be listed for a period of at least three months. Such property shall not be sold at less than its fair market value. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property. All sales shall be approved by the governing authority of the county at a regular meeting and shall be open to the public at which meeting public comments shall be allowed regarding such sale.
(B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the county or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county indicating the names of real estate brokers listing the property for the political subdivision. The county or municipality may advertise in magazines relating to the sale of real estate or similar publications.
(C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection.
(3) (A) Such sale of property may be made by a county or municipality to the highest bidder at a public auction conducted by an auctioneer licensed under Chapter 6 of Title 43. Such property shall not be sold at less than its fair market value.
(B) The county or municipality shall provide for a notice to be inserted once a week for the two weeks immediately preceding the auction in the legal organ of the county including, at a minimum, the following items:
(i) A description sufficient to enable the public to identify the property;
(ii) The time and place of the public auction;
(iii) The right of the department or the county or municipality to reject any one or all of the bids;
(iv) All the conditions of sale; and
(v) Such further information as the department or the county or municipality may deem advisable as in the public interest.
The county or municipality may advertise in magazines relating to the sale of real estate or similar publications.
(C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection.
(c) Any conveyance of property shall require the approval of the department, county, or municipality, by order of the commissioner on behalf of the department and, in the case of a county or municipality, by resolution, to be recorded in the minutes of its meeting. If the department or the county or municipality approves a sale of property, the commissioner, chairperson, or presiding officer may execute a quitclaim deed conveying such property to the purchaser. All proceeds arising from such sales shall be paid into and constitute a part of the funds of the seller.
HISTORY: Code 1933, § 95A-621, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 16A; Ga. L. 1995, p. 1195, § 1; Ga. L. 2008, p. 726, § 1/SB 444.
I disagree with what is shown above as the State rule.
This doesn't read in anyway similar to the County or City policies.
I'd like to see something that actually mentions / refers to Road Abandonement or Closure.
The Georgia State Law above does explain things. Let me clear it up for you. A public street can not be gated. Only a private street can be gated. In order to become a private street all homeowners have to say “yes” – if one homeowner says “no” the road still has a “public” use and could not be made private. There is a way for the HOA to go in and if there covenants allow that all common property is owned by the HOA and the HOA can purchase additional common property then they could change the HOA that roads could be included as “common property” – but, in order to change the HOA Covenants it would require a super quorum which probably would mean that more than 66% would have to vote “yes” to change the covenants and a non vote would count as a “no”. It is very hard to get the required greater than 66% to even vote and they would have to have the required percentage of “yes” votes.
You're speaking of the POA...my neighborhood only has 40 homes and it took us 3 years to get 2/3 of the homeowners to agree.
Once that POA is agreed to, it's final...the HOA can pretty much do as they please without the necessary 100%...so...why doesn't the Crooked Creek HOA try going that route?
The Crooked Creek HOA should check with the Nesbit Lakes HOA and see how successful their “Gating” effort for their neighborhood went in 07.
Does the poster mean "moot" or "mute" point?
Does the poster mean "moot" or "mute" point?
Does it really matter if you obviously understood what was meant?
Dear "moot or mute": The poster probably wishes you were mute.
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