State House Update

Friends and Neighbors-

I listed 30 bills below for your review that have broader interest and significance. Each was passed by the Georgia General Assembly and signed by the Governor. I wrote additional notes after the listing of bills.

In a subsequent and final update on the legislative session, I will explain selected legislation introduced this year, but not yet passed or defeated. Each piece of legislation represents a significant or controversial issue. The bills remain alive for 2008; you never know which ones will "get legs" next session.

As always, I value your feedback.

Best-

Jan Jones
State Representative - District 46
(Serving northwest Fulton, including Milton, Roswell, Alpharetta and Mountain Park)

2007 STATE LEGISLATION SIGNED INTO LAW

*Should you want to read the full text for a piece of legislation, go to http://rs6.net/tn.jsp?t=5w5e4acab.0.nh86l7bab.cjjqc7bab.1766&ts=S0254&p=http%3A%2F%2Fwww.legis.state.ga.us%2F, click on Legislation and type in the bill number.

HB 2 - Annexation dispute resolution

Requires binding arbitration between a city and a county in an annexation dispute.

HB 24 - Georgia Advance Directive for Health Care; includes form to fill out

Provides for an advance directive for health care, which combines provisions of a living will and a durable power of attorney for health care. Provides for health care treatment preferences and a physician's responsibilities.

HB 107 - Franchise fee transparency (Authored by Rep. Jan Jones)

Requires utilities disclose and itemize city imposed franchise taxes on customers' bills. Increases transparency of taxes and accountability of local governments. Franchise taxes are passed on to customers 100 percent and range from 3 - 5 percent on electric, natural gas, garbage, wired telephone and cable services. The tax rates and number of services taxed varies by city. Counties are only allowed to levy franchise fees on cable service.

HB 128 - Sales Tax Holidays

- School-related and computer sales tax holiday - August 2-5; save 4 percent on purchases
- Energy efficient products up to $1,500 sales tax holiday - October 4-7; save 4 percent on purchases

(The Governor signed 19 bills providing tax breaks and vetoed another 8.)

HB 131 - Georgia's HERO Scholarships

This bill expands the HERO college scholarship to include surviving spouses of deceased members of the Georgia National Guard and surviving spouses of deceased members of the military reserve.

(This is the only Higher Education bill passed by the legislature and signed by the Governor; another was vetoed. A Higher Education tax-related bill, HB 225, was also signed into law.)

HB 132 - Harbor Pilots

Increases the number of harbor pilots from 17 to 21 in Savannah and from 6 to 8 in Brunswick. As Georgia's economy grows, these ports are becoming busier. The extra pilots will ensure these ports continue to operate smoothly.

HB 147 - Ultrasound Act

Establishes that if an ultrasound is performed prior to an abortion, a woman will be offered the opportunity to view it.

HB 186 - Bio-Fuels sales tax

Provides a sales tax exemption for construction materials for any bio-fuels facility primarily dedicated to producing and processing ethanol, biodiesel, butanol and their byproducts.

HB 214 - Jekyll Island

This bill reaffirms that only 35% of the island shall be developed and that the remaining 65% shall be protected. It extends the life of the authority and leases by 40 years upon their expiration. Creates a joint committee in the General assembly, called the Jekyll Island - State Park Oversight Authority, to advise the General Assembly on the Jekyll Island Authority's compliance.

HB 225 - Higher Education Savings Plan

Expands a state income tax incentive to non-parents (grandparents, for example) and parents making greater than $100,000 filed jointly and $50,000 filed individually for higher education savings up to $2000 per beneficiary/child.

HB 232 - Georgia Development Impact Fee Act

Will require transportation impact fees assessed by cities or counties on new developments to be spent in the area and for the purpose they were levied.

HB 227 - Consumer Choice for Television Act

Allows Georgians more television choice through cable TV providers and video service providers. Increased competition will likely drive down retail prices for consumers.

HB 314 - DNA analysis of sex offenders

Allows the GBI to collect DNA from anyone put on probation for a sex offense on or after July 1, 2007.

HB 369 - Shared parenting

Comprehensive overhaul on how child custody matters are handled in the GA Courts. The bill is a result of a 2006 study committee and extensive input from judges, lawyers, psychologists, parents and children who have gone through the judicial process. Ensures both parents are treated fairly in the court system, and that the focus on any decision is based solely on the best interests of the child. Encourages greater cooperation between parents by requiring they submit parenting plans to the court prior to any contested court hearing and encouraging parents to engage in alternative dispute resolution prior to any hearing.

HB 394 - 911 Emergency fee allocation

Will bring over $300 million to cities and counties around the state for 911 emergency services at no additional cost to taxpayers. The bill requires dollars that were previously not being properly returned to local governments to be returned in the future. A grant fund will allow the poorest counties to provide a higher level of response to emergency calls.

HB 429 - HIV Pregnancy Screening Act

Requires prenatal care physicians to screen pregnant women for HIV unless the woman declines.

HB 463 - State soil and sedimentation requirements

Compromise bill passed overwhelmingly to modify original soil and sedimentation requirements. Clarifies that at least one person meeting education and training requirements will oversee land disturbing activities as representative of the project.

HB 497 - Parental rights

Allows a biological father to terminate parental rights prior to the birth of a child if an adoption plan is in place.

HB 551 - State False Medicaid Claims

Would allow individuals to take action as they become aware of Medicaid fraud or false claims. They would be able to petition the State Attorney General to review their case. The bill is modeled after the Federal False Claims Act. Other states that have passed similar legislation have been able to recoup millions of dollars paid out in fraudulent claims.

SB 5 - Real ID Act

Authorizes the Governor to delay compliance with provisions of the federal REAL ID Act until the Department of Homeland Security expressly guarantees that implementation of the Act will not compromise the economic and biological privacy of Georgia's citizens. Prohibits the Georgia Department of Driver Services from issuing an identification card, license, permit or other official documents to non-citizen applicants unless such applicants have been confirmed through the Systematic Alien Verification for Entitlements (SAVE) program to be lawfully present in the U.S.

SB 10 - Georgia Special Needs Scholarship

Authorizes the State Department of Education to administer the "Georgia Special Needs Scholarship" for students with disabilities who attend public schools in Georgia. The legislation allows the parents of students with disabilities to apply for a scholarship equal to the state funding for their child's special education. The parents may use the voucher at a participating private or public school they believe would provide a better education or environment. Local funding will not follow the child. The State Department of Education must approve participating schools and parents must be given the credentials of their child's teachers every year. The student will also be given an annual assessment and the results must be shared with the parents, teachers and Georgia Department of Education. In Florida, a similar voucher program serves 5 percent of children with special needs.

(The Governor signed 9 bills pertaining to K-12 public education; he vetoed two. Two additional education tax-related bills, HB 128 and HB 182, were signed into law)

SB 17 - Medications prescribed by optometrists

This legislation allows optometrists to prescribe certain oral and topical medications to treat conditions and diseases of the eyes. Optometrists using such medications will be held to the same standard of care as physicians who perform similar acts, provided, however, that a doctor of optometry is not authorized to treat systemic diseases.

SB 39 - Charter Systems Act

The Charter Systems Act authorizes the State Board of Education to enter into an agreement, called a charter, with a local board of education to establish a local school system as a charter system. Also creates a statewide advisory board to the State School Board to review independent charter school applications as well as charter school system applications. A charter school or a charter system provides the opportunity for teachers, administrators and parents to have greater flexibility to meet the needs of students. Schools or systems can be more flexible and innovative without having to adhere to "one size fits all" mandates that apply school district wide or statewide.

SB 60 - Georgia Trauma Commission and Trust Fund

Establishes the Georgia Trauma Commission and the Georgia Trauma Trust Fund. The Commission will study the provision of trauma care in Georgia, establish a statewide trauma network, develop a trauma transportation system to provide immediate transport for trauma victims where other options are not available, develop and administer a compensation system for providers of uncompensated trauma care, facilitate trauma education and prevention, and act as the accountability mechanism for the entire Georgia trauma system. The bill comes after an exhaustive 2006 study committee that reviewed the State's trauma care network.

SB 72 - School Administrative Manager; Alternative teaching certificates; Local School Council changes

Provides that a majority of the members of a school council will be composed of parents or guardians of students enrolled in the school with at least two of such parents/guardians being businesspersons. The chairperson of the school council will be a parent member. The original bill authorizes local boards of education to employ school administrative managers, in lieu of or in addition to assistant principals. The school administrative manager must possess a bachelor's degree but will not be required to be certified by the Professional Standards Commission. Provides for another alternative teaching certificate process for individuals possessing a master's degree in the subject he or she will teach.

SB 95 - Minors attempting to purchase cigarettes

Current law prohibits minors from purchasing or possessing cigarettes or tobacco products, and this measure will prohibit minors from attempting to purchase cigarettes or other tobacco products. Violation of this provision will result in up to 20 hours of community service and/or attendance of a lecture regarding the hazards of smoking. Additionally, businesses are prohibited from dispensing any non-tobacco products, other than matches, in vending machines that dispense cigarettes and other tobacco products.

SB 98 - Cellular phones used for exploitation of minors

This bill includes the criminal use of cellular phones or any other electronic device used in furtherance of these crimes: sexual exploitation of children, electronically furnishing obscene material to minors, computer pornography, stalking, or forgery and fraudulent practices that involves the use of a computer; so that providers of cellular and other electronic communications must also comply with disclosure requirements.

SB 123 - Public school class sizes; twins class placement

Beginning with the 2007-2008 school year, each local board of education may establish class sizes not to exceed 32 for core classes in grades 9 through 12. Eliminates system wide averaging among schools for class sizes in grades 9 - 12. Requires class sizes to be reported to local school councils (Rep. Jan Jones amendment). Language from the original bill provides that a school must place twins or other multiples from the same family in the same classroom if the children are in the same grade level and the children's parent or guardian requests the placement if requested within a certain time frame.

SB 148- Newborn Umbilical Cord Blood Bank

Creates the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid, provides for donations and information concerning donations, creates the Georgia Commission for Saving the Cure, and authorizes taxpayers to make certain contributions through the income tax payment and refund process.

SB 194 - Election changes

The bill changes Georgia's date for the presidential preference primary to the first Tuesday in February of the year of a presidential election (this primary is currently held on the first Tuesday in March). Will give Georgia a more influential role in deciding the party nominees for president. Numerous other states have also moved their presidential primaries up to February 5th. It also revises Georgia law on absentee ballots and runoff elections.

Additional notes:

By state law, the Governor had 40 days after session ended on April 20 to veto, sign or allow a bill to become law without his signature (Governor Perdue makes it a practice to decisively sign or veto bills only). The Assembly passed 208 statewide and 187 local bills.

Governor Perdue vetoed a total of 41 bills on May 30, (33 General; 8 Local), the highest number of vetoes since he took office in 2003. Representative or Senate sponsors for 5 local bills requested vetoes due to changed circumstances; a number of other bills had technical flaws. The Governor exercised numerous line item vetoes in the 2008 state budget bill, HB 95.

Other initiatives appear in the 2008 budget bill rather than legislation. For example, the budget will fund the Governor's initiative, Graduation Coaches, in public middle schools. The coaches will focus on assisting students at-risk of not graduating on time or dropping out. The program has already significantly improved high school students' progress towards graduation just one year after implementation.

Jan Jones

Protect Milton To Meet Monday Evening

The Protect Milton Community Group will be holding a meeting regarding the opposition to the new FCBOE proposed Birmingham Highschool on Freemanville Road, tonight, Monday, June 11th at 7:00 p.m at White Columns Golf and Country Club in the Veranda Room.

How To Survive This Drought!

Experts tells how best to exploit water days

By Keri Smith / www.ajc.com / Published on: 06/10/07

As the metro Atlanta drought worsens, restrictions are tight in the northern suburbs, and they could get tighter. So what's the best way to use water on the days you're allowed to water?
AJC Northside posed that question to Luca Gianturco, owner of Scottsdale Farms Landscape Co. & Nursery in Alpharetta.

One surprise: Established lawns only need to be watered once a week, if you do it right. Here are some tips.

Deep watering

•The bigger the roots are, the better the grass is. Try to get an inch of water on the grass per week.

Water measurement

•Take tuna fish cans, which are about an inch deep, and place them randomly around the yard. Set your irrigation timer to see how long it takes to fill the can, then you'll know how long to set your irrigation timer next time. If you don't have an irrigation timer, you can still use the can trick. Just set your sprinkler up at different spots in the yard. The amount of time it will take depends on the design of the irrigation system.

Lawns

•Established lawns prefer to have a deep watering about once a week. It is much more beneficial than shallow watering done often.

Shrubbery and Flowers

• Again, water as deep as you can and try to get the soil moistened about 6 inches deep per plant. Top the soil with a 2-inch layer of mulch to help keep the roots cool and retain moisture.

World Class Craftsman Calls Milton Home

Woodworker Howard Cutter featured on DIY, CNN

by Jason Wright / www.northfulton.com / Appen Newspapers
June 05, 2007

This day in Howard Cutter's, big, beautifully appointed workshop at his home on Bethany Road, the bluegrass music is loud.That's because the master craftsman is working hard on his new project, a completely handmade table with legs constructed from four separate sections. And when he's in the shop, the bluegrass is playing.

"I just love the sound of the acoustic guitar," he said, tapping his foot to the plodding bass line.He's happy among the sawdust, and you can tell it. Cutter spends most days in his shop, home of his business, Fine Woodworking of Alpharetta, handcrafting beautiful, intricate furniture, religious ornaments and other original pieces of art.It's a life he picked for himself. A Buckhead native who moved to Connecticut to work for IBM, he retired to Alpharetta in 1993 after 37 years with the company.One of his great dreams was to build the perfect workspace, one much roomier than the cramped basement he labored in at his home in Norfolk, Conn."It was a little bit of a splurge," he said, referring to the 1,000-square-foot shop that's attached to a barn on his 8-acre property. "Maybe it's overcompensating for that basement."Overcompensation it may, but with fine results.

Cutter's crafts and workshop have landed him on CNN for a segment entitled "Life After Work" about people who choose second careers in retirement, and on the DIY (Do It Yourself) Network. His shop served as the set for DIY's "My Ultimate Workshop" special.Cutter said he got his start woodworking taking weekend classes in Connecticut. In fact, he still has his very first project, a dovetailed box. It was that simple feat of craftsmanship that saw him through today."I thought, 'That's what I want to do when I can do whatever I want to do,'" he said.From there he was hooked. After creating furniture for his home and his own workbench, Cutter's next big step came when he entered a rocking chair, a three-year project, into the Atlanta Woodworking Show. He took home first place."I thought, 'OK, this is easy,'" he said. "It gives you kind of a big head, but then people want to see more original work."

Roswell resident Beth King is one of the people who asked Cutter for more original work. Fellow parishioners at Roswell's St. David's Episcopal Church, King commissioned the master craftsman to create two items for the church: a Verge, or Episcopalian processional stick, and a box for Eucharist pieces."If you need a special piece, Howard is the first name you think of," she said. "Everything is done with such skilled craftsmanship.

His heart and soul are so evident in every piece."King said the most amazing thing about Cutter's work is his ability to create pieces that are both practical and beautiful."There is just love, care and spirituality in what he does," she said. "Sacredness runs through the entire creation."And though his pieces are always one of a kind because "making the same things over and over kills" him, it's the word of mouth from people like King that have made Cutter's business such a success."It's a modest business," said Cutter, "but it keeps me off the streets."

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Construction to Delay GA 400

By ADRIANNE M. MURCHISON / www.ajc.com /Published on: 06/08/07

Look for traffic delays Friday in the southbound lanes of Ga. 400 near Alpharetta. Two lanes will be blocked for construction work from Old Milton Parkway to Mansell Road beginning about 9 a.m. From Mansell to Holcomb Bridge Road, one lane will be closed.

Workers will re-open lanes at 3:30 p.m., in time for the afternoon rush hour, said Kristin Turner with the Georgia Department of Transportation.

The work on Thursday, which closed the same lanes, brought southbound traffic to a crawl for most of the afternoon

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"ProtectMilton" Petitions Against Birmingham High Site

NOTE: Accessmilton.com is a community focused site that respects all residents opinions. Should citizens wish to push a different viewpoint, our staff is more than willing to provide equal air time.

Local Citizens Group Questions Freemanville Site; Pushes for Placement at Old Milton High.

Dear Milton Neighbors:

Protect Milton is a grass roots group of residents of the City of Milton who have come together in effort to gain massive community support in opposition to the new proposed Birmingham High School and Middle School on the 116 acre tract of land which borders Rolling Links Drive in White Columns Golf and Country Club, Freemanville Road, and Wood Road. Our intentions are to strictly oppose any school being built on this particular site location. We are not in any way or manner opposed to the building of new schools for our community needs.

For those citizens and residents not familiar with this property, this was the original site location for Kings Ridge Christian School. Residents and neighbors in our community fought a 3 year legal battle to prevent Kings Ridge from building a school on this exact same piece of property. Having this knowledge, the Fulton County Board of Education’s actions in purchasing this very same property to build a High School campus and possible Middle School, are in disregard to the wants and needs of the residents of the City of Milton. This will in turn have a more negative impact overall if the BOE proceeds with their plans.

Placement of another High School in the middle of rural Milton less then 3 miles on the same road from our existing Milton High School is not the answer to the needs for another high school for our City.

We are committed to our stance that this 116 acre site is not environmentally suited for any school and the building of such a structure on this particular site will be gravely destructive to the creeks, streams, 2.5 acre lake and the neighboring residents and the City of Milton’s Comprehensive Land Use Plan in the long run. As a new city we should evolve through the wants and needs of our citizens and elected Council, and not have to amend our Comprehensive Land Use Plan on the basis of what the Fulton County Board of Education deems best for our city.

In addition to environmental reasons, this site will decrease property values, create unending noise disruption to immediate residential properties and neighborhoods from athletic activities, increase traffic volume and put additional stress on Freemanville Road, Phillips Circle, Wood Road, Birmingham Road, Birmingham Hwy., Redd Road, Providence Road, Hopewell Road, Bethany Road as they will be utilized by the school buses, carpooling parents, teenage drivers, faculty, staff and weekend event traffic. This school placement will be the catalyst for increased pressure for future development in the heart of Milton.

A community should not depend entirely on elected officials to stand up for their beliefs and rights as a community and a city. Our voices need to be heard or the Fulton County Board of Education and every other governmental entity will continue to control every aspect of our lives if allowed. Only through massive community involvement will this school site be changed and other sites considered which are more suited for such an establishment.

If you wish to become more involved please feel free to email your opinions and concerns to cmschoolpetition@aol.com and someone will contact you in response as soon as possible. To sign the petition opposing this school site, go to ->

http://www.gopetition.com/online/12570.html.

Regards,

Lisa Cauley, Chairperson

Milton Firefighter Also Artist Michael Melson

Pursues both his passions every day

By Jason Wright / Appen Newspapers / www.northfulton.com
May 30, 2007

Milton firefighter Michael Melson shows off his other great passion, art. He holds two drawings of horses, one of his favorite subjects.

When one of Milton's new firefighters, Michael Melson, brought his art to City Hall for this article in the Milton Herald, nearly everyone in the public safety department was clamoring for a view.It appears they had heard in advance about the veteran smoke chaser's other passion.They marveled at Melson's measured line work, his delicate coloring. They studied his take on nature, which ranged from ultra-realistic ink work to impressionist mosaic.But most of all, they were just proud to have such a multi-faceted person on staff."I bet you didn't know we had such talent here, did you?" said Public Safety Director Chris Lagerbloom.

Melson, a 13-year firefighter from the Acworth Fire Department, showed off his work humbly – he's used to the acclaim. The collegiately trained artist spent years as a commercial graphics man in Tennessee and Florida before making the jump to fighting fires 13 years ago."I've loved art ever since I was a child," he said.At 9 he won an adult art contest with an oil painting his parents entered for him. By high school he sold his first piece.From there Melson attended Middle Tennessee State and received his Bachelor's degree in Fine Arts.

He parlayed the degree into a career as a graphic designer in Nashville specializing in the music industry."About 70 to 75 percent of the work was for country music," he said.During that time, he got to meet many of the biggest names in the Nashville scene."[Recording artist] Kathy Mattea really made an impression," he said. "She was so down to earth."He enjoyed the work, but saw the industry changing around him. More artists were using computers to create artwork, and he said he just didn't want to put down his pencil and paper. Facing a sea change in the industry, Melson decided to make the jump into public safety."My mom worked with the Rockdale police [for a long time] and a lot of my clients [for private commissions] were firefighters," he said.

One of the things that excited him about the position were the hours. Firefighters work a standard 24-hour shift, then have a day off."It piqued my interest that you had days off for working on art," said Melson. "The hours let you pursue your dream. I mean, art is as big a part of me as my love of being a firefighter."Melson said his favorite subjects always come from nature – specifically dogs and horses, both of which he owns at his farm on the outskirts of White, a city in Bartow County."I've got a big heart for animals," he said. "We've got two Tennessee Walker stallions that we trail ride and five dogs."

At this point, Melson said he's very satisfied with the position he's in. He gets to help save lives and lead a rich, calming internal life through his paintings."I just love traditional art, though it seems to be dying," he said. "And while I understand it from an economic standpoint, I'm glad I just never gave it up."

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Fund Set in Honor Of Fallen Firefighter

By Eric Stirgus
The Atlanta Journal-Constitution
Published on: 05/30/07 6:44 PM

The Firefighters Emerald Society of Metropolitan Atlanta has established a memorial fund in honor Fulton County firefighter Felix Roberts, who was killed Monday while fighting a blaze in Johns Creek.

Donations can be made to the Felix Roberts Memorial Fund at any Wachovia Bank.
The Emerald Society provides support to sick or injured members of the fire service, and their families, with special attention to line of duty injuries and deaths

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North Fulton Restricts Watering to Weekends

By MIKE MORRIS / Ajc.com / Published on: 06/04/07

Residents of north Fulton County on Monday joined Atlantans and those living in Sandy Springs and the southern end of the county in being unable to legally water parched lawns on weekdays.
The county's Department of Public Works has now banned outdoor water use on weekdays for most of the county.

The new restrictions, which went into effect Monday morning, allow watering on an odd-even basis on weekends only north of the Chattahoochee River. Even-numbered addresses are permitted to water from midnight to 10 a.m. on Saturday, while odd-numbered addresses may water the same hours on Sunday.

The downtown area of Roswell and the city of Mountain Park — areas served by other jurisdictions — are not under the restrictions.

Also exempted, according to the county's website, are "businesses that depend on water for their livelihood, such as car washes and nurseries."Residents with newly installed landscaping or sod may water for 30 days, according to the website.

Governor Signs Bill to Scale Back Power of Milton Mayor

By DOUG NURSE The Atlanta Journal-ConstitutionPublished on: 06/03/07

The powers of Milton Mayor Joe Lockwood were pruned with the stroke of Gov. Sonny Perdue's pen on Wednesday. The governor signed bills that changed the city charter in a move opposed by the mayor but backed by the majority of the council.

The changes were OK'd by the Georgia Legislature at the request of state Rep. Jan Jones, a Republican who represents Milton and supported another candidate for mayor. The new legislation set term limits and offered symbolic criticism of the city's power to impose franchise fees, a form of taxation.

It also reduced the mayor's authority to name committees, and that's what particularly galled Lockwood. He asked Perdue in a letter to veto the legislation, which he believes limits his power and could "inject politics" into the running of the city.

Lockwood was overruled when four of the other six council members passed a resolution urging the governor to sign the changes."I don't blame the governor," said Lockwood. "He probably doesn't know all the details and the controversy."

Jones passed four bills amending the city's charter, including House Bill 811, which limits the mayor and council members to two terms. Otherwise the changes to the charter are minor, Jones contends.

But Lockwood doesn't see them as minor. He's especially concerned about new limits on his ability to make appointments.

"If someone had an agenda, the council could block everything the mayor brought up," he said.
Jones, who authored the legislation creating the city in 2006, has said the changes were simply a fine-tuning of the city's charter. She could not be reached for comment.

Lockwood said he was not kept in the loop on some details in the final bills, but Jones has said she talked to Lockwood about the changes before they were passed. She said she was "surprised and puzzled" by Lockwood's reaction.

Some changes in the charter don't really affect the city, particularly as they pertain to franchise fees, Jones said in an earlier interview. State law allows the city to collect franchise fees, but the bill simply removed such references from the city charter.

The fees have drawn criticism in Milton. Some contend the new franchise fees are just another form of tax. Jones said she removed the franchise fees provisions to send a message that she didn't approve of them.

City Council member Karen Thurman, who backed the changes, said she would have been surprised if Perdue had not signed the bills.

New Cities Make Strides, Hit Snags In First 6 Months

DOUG NURSE The Atlanta Journal-ConstitutionPublished on: 06/03/07

Residents of Milton and Johns Creek overwhelmingly voted for cityhood last year. Kick-started Dec. 1, the municipalities have followed similar but not identical tracks.

Milton, population 20,000, is known for its horse farms, mansions and country clubs. Johns Creek, population 63,000, is home to stacked-stone and brick shops, landscaped subdivisions and teeth-grinding traffic.

Both hired Denver-based CH2M Hill-OMI to provide daily services, except for public safety and some top-level administrative positions.

Johns Creek generally has unanimity on its City Council, while Milton's City Council is riven with dissension. It is common to see votes of 4-3 with Mayor Joe Lockwood in the minority. Each city has struggled with a lack of revenue. Milton has a first-year budget of $12 million; Johns Creek, $32 million. To fund operations, they both obtained letters of credit from area banks that will be repaid when tax revenue starts coming in.

Here's a rough scorecard on the cities' first six months.

PUBLIC SAFETY

Milton determined it could provide police and fire services more cheaply on its own than by paying Fulton County to furnish public safety services. The 21-member police department hit the streets on May 1, and the 38-member fire department followed on May 18.
Johns Creek has set Dec. 1 as a target date for starting a police department and February for launching a fire department. In the meantime, it is paying the county to provide fire and police protection.

CODE ENFORCEMENT

Milton code enforcement officers began looking for violations Dec. 22. Since then, they have issued 20 citations and many warnings.
Johns Creek code enforcement officers started cracking down on offenders on Jan. 2. Thus far they have handed out 480 warnings, but no tickets.

MUNICIPAL COURT

Milton started up its municipal court on April 16.
Johns Creek will convene its court for the first time on June 19.

PLANNING COMMISSION

Milton's Planning Commission met for the first time on March 22. Its first case, a small mixed-use project near Crabapple, was heard last week, but it deferred a decision for 30 days.
Johns Creek just swore in its planning commissioners. Their first public hearing will be July 31.
Both cities are preparing to revisit the comprehensive plans inherited from Fulton County. Milton considers itself a pastoral refuge and must balance protecting the rural flavor of the city with development. Johns Creek is about 85 percent developed and must decide what to do with the remaining 15 percent and where to pursue redevelopment.

PARKS AND RECREATION

Both cities suffer from a shortage of parks, with only three apiece, but Milton has one that's off limits until Fulton County resolves lingering pollution issues.
The cities maintain the park facilities but allow private nonprofit organizations to run the various programs at the facilities.

Johns Creek officials are negotiating with some property owners to gain access to raw land for green space. They are mum about where and how much land is involved. Rogers Bridge Trail, a two-mile bike path from the Chattahoochee River to McGinnis Ferry Road, recently opened in the city.

Milton has a citizen committee working on a plan for connecting various parts of the city with bike paths and walking trails. A report should be presented to the City Council this month.

ADULT ENTERTAINMENT AND SIGN ORDINANCES

Johns Creek has the dubious distinction of being in the sights of the two most litigious industries in the country: adult entertainment and billboard companies. The city is in an ongoing legal dispute with the Love Shack, located in the heart of the city. Within two weeks of cityhood, Covenant Media, which owns one billboard there, sued to get the city sign ordinance thrown out.
Covenant Media also sued Milton. Milton also had a long, contentious debate about whether to impose restrictive regulations countywide, including in the commercial district. In the end, the more draconian measures were watered down.

TRANSPORTATION

Johns Creek had its roads surveyed and found it may face up to $14 million in resurfacing needs alone.

Milton is trying to find ways to handle the traffic expected to pour in from new subdivisions in neighboring counties. Many residents also are urging the council to protect their gravel roads. City officials will ask the Sizemore Group, which is developing in Crabapple, to come up with ways to alleviate congestion in the southern part of the city.

Time To Get the Calculators Out & Start Figuring City Budget for 2008

by Mayor Joe Lockwood

The City of Milton is riding the “high” of rolling out our police and fire operations in May, which provides our citizens an increased level of public safety service. Now we must do some soul searching as we begin to develop the budget for fiscal year 2008.

Perhaps no other issue is as difficult for elected officials as choosing among so many different and important needs – public safety, transportation, and parks, just to name a few. We must weigh a variety of needs and requests, which together vastly exceed available funds. Priorities must be set and decisions are guided, of course, by the requirement under the City Charter that taxes cannot be raised without voters’ consent.

In Milton, it is the city manager’s responsibility to develop the budget in collaboration with the various department heads and present it to City Council for approval. In reality, the city staff works closely with Council throughout the process. And of course, there are opportunities for the public to ask questions and provide input at various points along the way.
Under the guidance of the city’s Director of Operations and Finance Manager, budget data is gathered in three phases:

The general fund for maintenance and operation (M&O) – This essentially is the cost to continue doing what we did the previous year. Naturally, those costs usually increase slightly every year. This year we are projecting about a 3.5 percent rise.

M&O initiatives – This is the new stuff – the new or expanded initiatives and projects, additional staff, and so on that department heads want to undertake, and what it will cost. Just because they are requested does not mean they will be approved, however. All requests must be justified before a recommendation is made.

Capital projects – These are the big-ticket items, generally costing $50,000 or more, that include things like construction of new facilities or repairs and renovations on existing facilities, updating the comprehensive plan, parks and recreation projects, and transportation projects.
It is this last category in which the Council and the public have the greatest input in establishing priorities. Each project is evaluated on numerous criteria including whether the proposed project involves a health or safety hazard, if it is legally mandated, if it maintains a current asset, if it has a future operating impact, the amount of public support, the number of citizens affected, the economic impact and, of course, the availability of funds. This process will take place in early July.

At the same time department heads are developing the expenditure side of the ledger, the finance office is projecting revenue for the coming year. The bulk of those funds come from property taxes, along with other sources such as local option sales tax, business licenses and user charges. The city does actively seek a variety of grant opportunities to help supplement the budget – we have received $630,000 so far this year with another $526,000 pending.
Once the expenditure needs are determined and the revenue projected, the finance office then balances the budget, including salaries and benefits. The difference between the two figures is the amount available for capital projects.

Earlier I mentioned that the capital projects identified far outweigh the funding available to carry them out, and that we need to prioritize. But first we need to answer a larger philosophical question – should we move forward aggressively to carry out those projects or should we save for a rainy day? All governments have a reserve fund – like your family’s savings account – typically 16 percent or two months worth of operating expenses. For Milton, that equals approximately $2.5 million. When we embarked on incorporation, we gave ourselves five years to build the reserve fund to that level. Should we try to get there quicker if the funds are available?

Along the way, Council will review the process in work sessions throughout the summer. Once the process is complete, we will hold two public hearings, on Sept. 6 and Sept. 20, before adopting the budget.

Our inaugural year budget calls for $11.8 million in expenditures and $12.6 million in revenue. It’s important to note that this was a 10-month budget. The process we are embarking on now is the first full-year budget we will develop.

Throughout this process, as always, we welcome your comments and questions. You can e-mail us at info@cityofmiltonga.us or call 678.242.2500. I hope your summer is off to a wonderful start.

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770-752-8072
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County: Fulton

State: Georgia.

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Fulton Loses First Firefighter To Blaze

Forward: Please keep this hero and his family in your thoughts and prayers.- Magnolia Media staff.

By ERIC STIRGUS, SAEED AHMED The Atlanta Journal-ConstitutionPublished on: 05/29/07

On a day when the nation paused to commemorate those who fell in military service, Fulton County Fire Station No. 8 mourned the death of firefighter Felix Roberts, who also died in the line of duty.
Roberts, 41, tried to save a man inside a burning home Monday morning and became the first firefighter killed in the county department's 29-year history.

Roberts was near the end of his 24-hour shift at the station on Old Alabama Road on Monday. One more hour, and he'd be driving to his Douglasville home to spend the holiday with his mother, who had flown in from Tampa, family members said.

Then the emergency call came in shortly before 5 a.m. A two-story red brick home in the Glastonberry subdivision in the new city of Johns Creek was in flames. The city, only five months old, doesn't have a fire department, so five firefighters from Station 8 rushed to the scene.

The couple sleeping inside was awakened by their barking dog. The woman, Mardi Baumann, 50, escaped with her dog and ran to the homes of several neighbors, ringing their doorbells and pleading for help.

Her fiancé, John Callahan, 57, was trapped inside.

Callahan had been a longtime companion of Baumann, who is divorced with three daughters in their 20s. The couple spent a Memorial Day dinner with neighbors Sunday night.
"She rang my bell, but it didn't really wake me up," said neighbor Mike Nuzzo, 41. "Then I heard her screaming at the top of her lungs."

Several residents ran to the house. Nuzzo said he grabbed a sledgehammer from his home and broke down the front door. The heavy smoke forced them to retreat."It was smoke so thick we couldn't get within a couple of feet inside the front door," Nuzzo said. "I could barely see the stairs."

Within minutes, Roberts and the other firefighters arrived. Three searched the house in one direction. Two went the other way. As the two firefighters searched near the kitchen, they were overcome by a sudden burst of heat and smoke known as a "flashover," officials said. It happens when the chemicals released from burning carpets and other synthetics mingle with the fire.
"Think of a giant molotov cocktail, a huge fireball going off right in the middle while the firefighters were in there," said state Fire Safety Commissioner John Oxendine. "The entire house just filled up with flames shooting out of every opening."

The cause of the blaze at the house on Gorham Close hasn't been determined, but Oxendine said candles left burning in the home's screened porch may be to blame.Callahan, officials said, tried to escape the home but apparently became disoriented and died in the blaze. He was later found in a room over the garage.

"Some witnesses said he stuck his head out the window," Oxendine said. "When they told him to jump, he said, 'I don't know where I am.' "Other firefighters pulled the two injured firefighters out the home. Capt. Wayne Gilliard suffered second-degree burns on his hand and was taken to Grady Memorial Hospital. Another firefighter, Capt. Anthony Avery, was taken to North Fulton Regional Hospital for chest discomfort. Roberts died at North Fulton Regional Hospital.
Roberts had always wanted to be a firefighter, family members said. A Desert Storm veteran, he joined the Fulton County fire department in February 1999. A department news release described him as a "model employee." He also fought fires for the Sandy Springs fire department.

Monday evening, firefighters at Station 8 did not want to talk about the death. The flag outside stood at half-staff. Bouquets of flowers rested under it. Grieving neighbors had brought them throughout the day.

"As you can imagine, losing a family member is tough. It's a sad time for all of us," said department spokesman Lt. Gregory Chambers. "It's just one of those things we have to get through. But we will, we will."Troy Smith, who was once married to Roberts' sister, said he'd known Roberts for more than 20 years."He was like my little brother, and I was the big brother who looked up to him," said Smith, 46, of Stone Mountain. "I was the one with the big ideas, but he was the one who actually got them done."

Smith, a code enforcement officer, said he also wanted to be a firefighter and had gotten the paperwork to join the department, "but [Felix] was the one who filled it out, passed the test and became one," he said. Roberts leaves behind his mother and four siblings. Funeral arrangements have not yet been made.

Milton's Charter: What Has Changed

May 25, 2007

From Appennewspapers.com -
When Jan Jones revised Milton's charter, she included several provisions that clarified or changed portions of the bill approved in July of 2006. The changes will have no fiscal impact on the city and mostly deal with modifying or clarifying certain mayoral powers.

1. Term limits for mayor and council:

Mayor and council are now limited to two four-year terms, not including the terms they are currently serving. Before there were no term limits.Jones said she always intended to include term limits, but the hectic pace of last year's passing prohibited her from introducing it in the bill.

2. Mention removed of insurance, retirement, workers' compensation and other employee benefits for mayor and council:

Though it was removed from the charter, the city may still offer these services.

3. Franchise fees deleted:

The charter no longer grants city government the ability to enter into agreements with utility companies regarding franchise fees, an important revenue source for the municipality. However, that does not mean those fees are abolished. Milton, like all cities, may to enter into franchise fee agreements in accordance with state law, so the franchise fees already enacted will stand and $823,000 in current yearly revenue is unaffected.Jones said she wanted the power removed because she believed some members of city government felt obligated to levy the fees, saying they were included in the charter. Also, in the future she doesn't want another city council members "misinterpreting" franchise fee wording in the charter.

4. Powers and duties of the mayor:

A. Council must now confirm all mayoral appointments for council committees to oversee and report on various city departments. Before, council did not approve the appointments.

B. If the mayor's nominations for important city positions, i.e., city manager, city attorney, etc. are rejected by council or not nominated by the mayor, council may offer nominations. Before, the outcome for council rejection was not clear.

C. Removal of mayor's executive aide position (also removed from other areas of the charter). The mayor had indicated he was not going to fill that position.

D. City manager: The mayor's suggestion for the city manager's initial compensation must now be approved by city council.

E. Boards and commissions: All boards and commissions must be seven members, nominated by the City Council and the mayor. Each appointment must be from the council member's geographic district, but the mayor's nominee may be from anywhere in the city limits. Mayor and City Council had passed their own ordinance with the same wording, and now the charter is in line.

Speed Limits / Community Input Sought On Speed in City

The City of Milton is seeking citizen input for its annual speed limit and radar permit update with the Georgia Department of Transportation. Please call 678.242.2500. Be sure to include:

Your name, phone number, address
Road name
Specific road segment (start/end points)
Current speed and desired speed

Also be sure to cite any specific concerns, incidents. Relevant paperwork or photographs are extremely helpful. Neighborhood groups and petitions are acceptable. The deadline for citizen comments is July 1. Staff will review and compile the information before submitting the annual revision to GDOT. GDOT will review the information, analyze it based on engineering standards and related state laws, and issue a revised radar permit to the City of Milton.

It should be noted that only one true radar permit exists in the state and the city is actually a “lessee.” Therefore, GDOT has ultimate authority on this matter, especially regarding state routes. Cities and counties are afforded annual update applications.

Watering Restrictions In The City

Fulton County, which provides water service to the City of Milton, is adhering to the level-two drought response declaration issued by the Georgia Environmental Protection Division. That means all city residents must abide by those restrictions as well. City code enforcement officers will cite violators. To find out more about these changes, click the link below.
http://ww2.co.fulton.ga.us/index.php?option=com_content&task=view&id=465&Itemid=266

Coffee With Joe A Hot Topic

Mayor Joe Lockwood (above right) chats with a prospective city resident, one of about 15 people who attended the first “Mayor’s Coffee” May 22. Most of the questions that the mayor fielded had to do with growth and related topics such as development, transportation and traffic. Citizens also offered comments about recent changes to the city’s charter as well as compliments regarding the city’s Web site and other communication activities.The young resident, below left, didn’t have a question for the mayor, but he sure enjoyed the refreshments. The mayor is holding the informal discussion sessions 9-10 a.m. on the third Tuesday of each month in the council chamber at City Hall. The next session is June 19. For more information, call 678.242.2500.

Mayor Signs Council Resolution to Perdue

By Doug Nurse Wednesday, May 23, 2007
The Atlanta Journal-Constitution

Almost a week after approval, Mayor Joe Lockwood signed a City Council resolution to Gov. Sonny Perdue asking the governor to approve changes to the city charter.
Lockwood opposed the changes, and sent a letter on May 14 stating his opposition to changes to the city’s governing document, which he feels undermines the authority of the mayor. On May 17, by a 4-3 vote, the City Council overrode Lockwood’s objections and effectively countermanded his letter by passing the resolution.

In the last legislative session, the General Assembly, at the behest of state Rep. Jan Jones, changed the the city’s charter. The bill struck provisions allowing collection of franchise fees, diluted some of the mayor’s authority in making appointments and hiring staff, set term limits, and removed language allowing benefits to the mayor and council.

A governor’s office spokesman said on Wednesday that Perdue had not signed the legislation changing the charter. City staff on Wednesday emailed a copy of the resolution to Perdue and sent the original by courier. Supporting the resolution were council members Karen Thurman, who sponsored the resolution; Rick Mohrig; Bill Lusk; and Neal O’Brien. Opposed were Mayor Joe Lockwood, and council members Julie Zahner Bailey and Tina D’Aversa Williams.

After the vote on May 17, Lockwood said he didn’t anticipate any further action on his part.
“I think we’re done,” he said. “it’s up to the governor now. We’ll move forward and do the best we can with what we’ve got.”State Rep. Mark Burkhalter (R-Johns Creek) also weighed in with a letter of support to the mayor and council supporting Jones.

The governor’s office has been circumspect in discussing the controversy.
The governor will decide whether to sign based on its merits, said Bert Brantley from Perdue’s office. He takes into account all points of view, and he will consider every piece of information he has.

Lockwood and his supporters said they weren’t aware of the changes until April 24 after they had been passed. They also argued the changes weakened the position of the mayor. Other council members countered the changes were minor.

The council debate at times was sharp-edged. The writing of Thurman’s resolution wasn’t finished until just before the council meeting, prompting Zahner Bailey to decry the lack of “professional courtesy” by Thurman and by Jones for essentially ambushing the council.
Thurman countered that there wasn’t time to follow the normal procedure in presenting items to the council. Perdue’s deadline for signing bills is the end of the month. The next City Council meeting is June 7.

Thurman also faulted Lockwood for sending the letter to the governor without consulting the council first. Lockwood explained that he talked with a majority of the council and had come away with the understanding they agreed with him.
Lockwood said that when the governor’s staff called him for his reaction on Monday, he told them he wasn’t happy. Write a letter, they said. He did, asking Perdue to veto Jones’ House Bill 811.

Lockwood said he was concerned about changes in the appointment of the city staff. Currently, the mayor appoints and the council ratifies. Under the change, should the council reject the mayor’s nominees, they can appoint on their own. Lockwood said that’s a major change; Council member Lusk said it was not.

“I didn’t know this was supposed to be a power struggle,” Lusk said. “We have equal votes. We are all equal up here. We’re not talking about something earth-shaking that will change the course of human events.”

The mayor also was upset about changes to a provision governing the appointment of council members to City Council committees. Before, the mayor made the appointments. Now the council members have to approve them. Lockwood said the change could make it difficult to get members to serve on politically treacherous or boring committees.

Jones, a Republican from Milton, sponsored the legislation creating the city in 2006. She said the recent changes were simply a matter of fine-tuning the city’s charter. Jones supported Lockwood’s opponent for mayor.

Jones said in an earlier interview she told Lockwood and other council members what she was going to do in her legislation twice starting in November.“I’m surprised and puzzled at the mayor’s response and his strong reaction,” Jones said. “I didn’t ask Fulton County for approval to form the city to begin with. The majority of the City Council supports it. What would the change have been if they had voted on it? I ascribe this to newness and inexperience in government.”

She said that some changes in the charter are symbolic - state law allows the city to collect franchise fees and provides for benefits to the mayor and council. She just didn’t want the council to be able to use the charter, which she sponsored, as justification for policies she doesn’t agree with.

Jones and Lockwood have debated the collection of franchise fees in a series of letters in a local newspaper. Lockwood said they’re a necessary part of the budget, and at times has said the charter allows it. Jones is opposed to franchise fees.

The state allows the city to collect franchise fees from utilities for use of public rights of way, and those fees are passed on to consumers. Some Milton residents - as Sandy Springs residents did before them - objected to the fees as essentially new taxes, calling them a breach of pre-city promises that taxes would not go up if the voters approved cityhood in a referendum.
Council member Tina D’Aversa Williams said Jones is meddling and the mayor is justified in feeling aggrieved.

“My concern is that we became a city so that we could have greater local control,” D’Aversa Williams said. “But now we have changes without our input. I question what was the motivation behind it.”

But Council member Neal O’Brien said he believes Jones acted within her authority.
“I concur with what she did,”; he said. “It’s within the realm of her authority. The legislature has a signficant role in managing the law we operate under. Our job is to operate under that law.”

Milton Council Counters Mayor's Plea for Veto

By DOUG NURSE / The Atlanta Journal-ConstitutionPublished on: 05/24/07

Over the Milton mayor's objections, the City Council effectively countermanded a letter he sent to the governor asking that changes to the city charter be vetoed.

By a 4-3 vote, the council on May 17 approved a resolution that instead asked Gov. Sonny Perdue to sign legislation that changes the founding document for the city. The charter establishes the city and sets rules for its operation.

Among the changes are the addition of term limits — limiting the mayor and members of the council to two four-year terms. Supporting the resolution were council members Karen Thurman, who sponsored the resolution; Rick Mohrig; Bill Lusk; and Neal O'Brien. Opposed were Mayor Joe Lockwood and council members Julie Zahner Bailey and Tina D'Aversa Williams.

In the last legislative session, the General Assembly, at the behest of state Rep. Jan Jones (R-Milton), changed the city's charter in a little-publicized bill. The legislation removed provisions allowing collection of franchise fees, diluted some of the mayor's authority to make appointments and hire staff and set term limits, and removed language allowing benefits for the mayor and council.

After the vote, Lockwood said he didn't anticipate any further action on his part.
"I think we're done," he said. "It's up to the governor now. We'll move forward and do the best we can with what we've got."

State Rep. Mark Burkhalter (R-Alpharetta) also weighed in with a letter to the mayor and council in support of Jones.The governor's office has been circumspect in discussing the controversy. "The governor will decide whether to sign based on its merits," said Bert Brantley, spokesman for the governor's office. "He takes into account all points of view."

Lockwood and his supporters said they weren't aware of the changes until April 24, after they had been passed. They also argued that the changes weakened the position of the mayor.
Other council members countered that the changes were minor.

The council debate at times was sharp-edged. The writing of Thurman's resolution wasn't finished until just before the council meeting, which prompted Zahner Bailey to decry the lack of "professional courtesy" by Thurman and by Jones for essentially ambushing the council.
Thurman countered that there wasn't time to follow the normal procedure in presenting items to the council. Perdue's deadline for signing bills is the end of the month. The next City Council meeting is June 7.

Thurman also faulted Lockwood for sending his letter to the governor without consulting the council first. Lockwood explained that he talked with a majority of the council members and had come away with the understanding that they agreed with him.
Lockwood said that when the governor's staff called him for his reaction on Monday, he told them he wasn't happy. Write a letter, they said. He did, asking Perdue to veto Jones' House Bill 811.

Safety In Numbers for Milton

City equips three fire stations with new advanced-technology vehicles

Published on: 05/24/07

Doug Nurse / AJC.com

The city of Milton has a government and a police department. And it is now the proud owner of three fire stations — with a fire department and equipment to staff them.
The fire stations are located on Arnold Mill Road, Thompson Road and Hickory Flat Road.

Demographics / Gender: 37 males (97%), 1 female (3%)

Race: 35 white (92%), 3 minority (8%)

Where they came from:Cherokee County (2)DeKalb County (2)City of Alpharetta (1)City of Austell (1)City of College Park (2)Clayton County (1) Dawson County (1)Douglas County (2)Fannin County (1)Forsyth County (1)Fulton County (18)Hall County (2) Lumpkin County (1)Paulding County (3)

Technology components"In car" (fire engine) laptop computers Dell Rugged laptopRecord Management SystemPre-plans and inspection records Verizon Wireless Connection MSA thermal imaging camerasMulti-gas detection instrumentsLED lighting systems

Not only does the city of Milton have some of the newest, most technologically advanced public safety vehicles in the state, but one could also make the case that it has the best-looking fleet.
To replace the three trucks departing with Fulton County, the city recently purchased three pumpers with 750-gallon water capacity, compared with the typical 500 gallons. The pumpers also have a shorter wheelbase that allows the vehicles greater maneuverability. They are equipped with two chain saws for fighting brush fires and cleaning up after storms.

In a few weeks, the fire department will have two additional vehicles in its fleet – a ladder truck, known as a "quint," with a 75-foot articulating aerial ladder, and a Ford F250 4X4 extended-bed wildland-brush truck with a 300-foot forestry hose and 100-gallon water tank.

State House Update

Friends and Neighbors-

The 2007 legislative session ended April 20 becoming one of the longest sessions in Georgia history. Its length stemmed from uncertainty over federal funding for PeachCare, a mean-tested insurance program for underinsured children. The Governor and Georgia General Assembly were awaiting Congressional action on funding before finalizing the state's budget.
Session was spread out over 40 official days as determined by Georgia's constitution. The 180 Representatives and 56 Senators spent the intervening days working in committees and on the budget.

The legislature passed 22 percent fewer bills than the previous year. Fewer bills usually mean fewer regulations on Georgians, which is good. Overregulation can be expensive and burdensome to the individual and businesses.

GENERAL BILLS

In all, 208 general bills passed both houses. General bills have statewide applicability. I authored two general bills that gained passage. The Governor signed HB 107 requiring utility companies disclose and itemize franchise taxes on customers' bills. In current law, franchise taxes may be levied by cities on wired telephone, cable, electricity, natural gas and garbage. The taxes vary from 3 - 5 percent. The bill will bring greater transparency for taxes paid by citizens.

I explained last week about the amendment to SB 72 that I sponsored through HB 208. It makes local school councils parent-majority. The Governor has signed the bill.
Next update, I'll detail a number of the more significant bills that passed the Georgia General Assembly.

LOCAL BILLS

A total of 187 local bills passed the Georgia General Assembly pertaining to specific jurisdictions. I passed five bills affecting Roswell and Milton. Both the Roswell and Milton City Councils voted to officially support all five local bills.

By state constitution, only the state legislature can modify or expand cities', counties' and school boards' powers. The legislature, in fact, exercised this authority last year regarding Fulton County. It altered the county's powers by passing HB 1470, which allowed the creation of the city of Milton (Fulton County passed a resolution opposing the bill).

HB 810 and HB 812 settle annexation border disputes between the two cities avoiding potential costly litigation. The bills provide for final borders between the two cities giving first consideration to the wishes of the residents. HB 809 and HB 813 grant Milton the authority to pay for long-term capitol projects with bonds (such as parkland improvements) out of current revenues. By exercising this authority, the city would be able to more quickly offer needed recreation services to residents.

HB 811 clarifies and corrects Milton's original charter, which I authored last year. As I committed during the cityhood campaign, HB 811 provides for city council term limits. The council will be limited to two four-year terms in addition to partial terms. Alpharetta has the same term limits. The legislation also eliminates a mandated position in the charter as requested by an earlier city council vote. It assures consistency by providing for the same geographic representation of appointed committees as the original charter requires for city council members.

LOOKING FORWARD

During the summer and fall, I'll work on charter school and tax reform legislation. Tomorrow, I leave for Tallahassee to meet with Florida legislators and learn from their successes in raising academic achievement and customer satisfaction through charter schools.
I filed HB 881 on the last day of session, which is patterned after Florida legislation. If passed next year, it would lead to bold charter school reform and more public school choice for Georgians.

Charter schools are tuition-free public schools that parents may elect to send their children to. Charter schools tend to be smaller, more differentiated and oftentimes more specialized than regular public schools. One example is Connected Academy High School, which opens in August to serve up to 500 11th and 12th graders in the former Milton High School facility.

I authored HR 12 this session, a state constitutional amendment that would enable Milton County to be re-created (Fulton County also opposes this legislation, excepting Commissioner Lynne Riley). Because it is a constitutional amendment, it will not be discussed in House Committee until next year during the year of the General election. After the funding is finalized, Rep. Mark Burkhalter and I will initiate a University study to evaluate its impact. More about this in a future update.

IN CLOSING

I'll send out a final update soon on the 2007 legislative session and list 30 significant bills that passed the Georgia General Assembly. I'll also touch on several bills that did not move forward, but remain "alive" for next year.

Thank you for the privilege of serving your family in the Georgia General Assembly. As summer begins, I wish you a safe and relaxing season.

Jan Jones
State Representative - District 46Serving northwest Fulton, including Milton, Roswell, Alpharetta and Mountain Park

New Schools Mean Noise, Broken Promises

May 16, 2007 / Appen Newspapers / Milton Herald / Letters To The Editor

It is not surprising that the Fulton Board of Education announces as a done deal the purchase of land for a new high school in the city of Milton ("Deja vu for high school site," April 11, 2007).That is the way the BOE operates – in total secret. For nearby residents of the new high school, middle school and elementary school that will be built at the intersections of Birmingham Highway, Wood Road and Freemanville Road, I say: "Hold onto your hats."You are about to engage in the most frustrating process you can ever imagine.

The BOE will soon schedule "Community Meetings" which they will bill as "input sessions."What they don't tell you is that they don't care what your input is, because they have already made their plans, and they are not going to change them. They will tell you about traffic improvements that will be implemented, but they won't tell you that they have absolutely no authority make any changes in regards to traffic.If you attempt to sue the BOE and then negotiate a settlement, they will agree to concessions, and once you withdraw your lawsuit they will renege on every promise they made.

Your complaints will fall on deaf ears, and you will be characterized as "small pockets of complaints."Are you interested in preserving the quiet life? Those mega-speakers in the football stadium will blast rap music and blaring announcements at decibel levels that are akin to listening to a jack hammer at a distance of 50 feet.

The BOE will tell you that there are only five football games in the Fall. But, what they don't tell you is that there are five varsity games, five JV games, and five freshman games. And, they won't tell you that the stadium and the sound system will also be used for girls and boys soccer, track, lacrosse, band competitions, and whatever else they can come up with.Your only hope is to band together and stop this project in its tracks. If you don't, you will regret it every day.

JOSE CREAMER / North Fulton

Property Owners Receiving Reassessments From Fulton

Process upon which tax bills figured not related to city’s incorporation

The Fulton County tax assessor’s office recently mailed out 170,000 revaluation notices to property owners across the county, including those in the City of Milton, notifying them of changes in the assessed value of their property upon which their tax bills are based.

Reassessments are meant to keep the fair market value of a property up to date. The Fulton tax assessor’s office conducts reassessments based on a rolling schedule. The recently mailed notices are not related to the City of Milton’s incorporation in any way, although the city does use those figures from the Fulton tax digest to bill its taxes to Milton property owners.

Property owners may appeal their property assessment if they feel it does not accurately reflect the fair market value. Appeals must be made to the Fulton County Board of Assessors; the contact number is 404.224.0102.

If an appeal is filed, the property owner is still required to pay 85 percent of the property tax bill pending a decision on the appeal. Once a decision is made, the property owner should forward a copy of it to the City Treasurer’s office, where the City of Milton’s records will be changed as appropriate per the appeal decision. The current tax bill will be finalized once the changes have been made.

Property taxes are calculated on 40 percent of the property’s fair market value; that amount is known as the assessed value. So, for example, a property with a fair market value of $200,000 would have an assessed value of $80,000.

From the assessed value, all applicable homestead exemptions are subtracted. Milton has a $15,000 basic homestead exemption, which would reduce the assessed value to $65,000. The assessed value is then multiplied by the millage rate set by the taxing entity (city, county, board of education) to determine the amount of property tax owed. A mill equals one dollar of tax for every $1,000 in assessed value. The City of Milton’s millage rate as established by its charter is 4.731 mills – that rate cannot be increased without voter approval in a referendum. Based on the $200,000 property in the example with an assessed value of $65,000 after homestead exemptions, the tax bill would be $307.51 (4.731 x 65).

The city will mail out property tax bills on or before Sept. 1 each year. Payment is due by Oct. 31 each year. For more information, call 678.242.2500.

Milton Dispute In Governor's Hands

By Doug Nurse Thursday, May 17, 2007, 12:52 PM

The Atlanta Journal-Constitution

Over the Milton mayor’s objections, the City Council Thursday effectively countermanded a letter he sent to the governor asking that changes to the city charter be vetoed.By a 4-3 vote, the council approved a resolution that instead asked Gov. Sonny Perdue to sign legislation that changes the founding document of the city. The charter establishes the city and sets rules for its operation.

Supporting the resolution were council members Karen Thurman, who sponsored the resolution; Rick Mohrig; Bill Lusk; and Neal O’Brien. Opposed were Mayor Joe Lockwood, and council members Julie Zahner Bailey and Tina D’Aversa Williams.

In the last legislative session, the General Assembly, at the behest of state Rep. Jan Jones, changed the the city’s charter. The bill struck provisions allowing collection of franchise fees, diluted some of the mayor’s authority in making appointments and hiring staff, set term limits, and removed language allowing benefits to the mayor and council.

After the vote, Lockwood said he didn’t anticipate any further action on his part.“I think we’re done,” he said. “it’s up to the governor now. We’ll move forward and do the best we can with what we’ve got.”

State Rep. Mark Burkhalter (R-Johns Creek) also weighed in with a letter of support to the mayor and council supporting Jones. The governor’s office has been circumspect in discussing the controversy.

The governor will decide whether to sign based on its merits, said Bert Brantley, spokesman for the governor’s office. He takes into account all points of view, and he will consider every piece of information he has.

Lockwood and his supporters said they weren’t aware of the changes until April 24 after they had been passed. They also argued the changes weakened the position of the mayor. Other council members countered the changes were minor.

The council debate at times was sharp-edged. The writing of Thurman’s resolution wasn’t finished until just before the council meeting, prompting Zahner Bailey to decry the lack of “professional courtesy” by Thurman and by Jones for essentially ambushing the council.
Thurman countered that there wasn’t time to follow the normal procedure in presenting items to the council. Perdue’s deadline for signing bills is the end of the month. The next City Council meeting is June 7.

Thurman also faulted Lockwood for sending the letter to the governor without consulting the council first. Lockwood explained that he talked with a majority of the council and had come away with the understanding they agreed with him.Lockwood said that when the governor’s staff called him for his reaction on Monday, he told them he wasn’t happy. Write a letter, they said. He did, asking Perdue to veto Jones’ House Bill 811.

Lockwood said he was concerned about changes in the appointment of the city staff. Currently, the mayor appoints and the council ratifies. Under the change, should the council reject the mayor’s nominees, they can appoint on their own. Lockwood said that’s a major change; Council member Lusk said it was not.

“I didn’t know this was supposed to be a power struggle,” Lusk said. “We have equal votes. We are all equal up here. We’re not talking about something earth-shaking that will change the course of human events.”The mayor also was upset about changes to a provision governing the appointment of council members to City Council committees. Before, the mayor made the appointments. Now the council members have to approve them. Lockwood said the change could make it difficult to get members to serve on politically treacherous or boring committees.
Jones, a Republican from Milton, sponsored the legislation creating the city in 2006. She said the recent changes were simply a matter of fine-tuning the city’s charter. Jones supported Lockwood’s opponent for mayor.

Jones said in an earlier interview she told Lockwood and other council members what she was going to do in her legislation twice starting in November.“I’m surprised and puzzled at the mayor’s response and his strong reaction,” Jones said. “I didn’t ask Fulton County for approval to form the city to begin with. The majority of the City Council supports it. What would the change have been if they had voted on it? I ascribe this to newness and inexperience in government.”

She said that some changes in the charter are symbolic - state law allows the city to collect franchise fees and provides for benefits to the mayor and council. She just didn’t want the council to be able to use the charter, which she sponsored, as justification for policies she doesn’t agree with.

Jones and Lockwood have debated the collection of franchise fees in a series of letters in a local newspaper. Lockwood said they’re a necessary part of the budget, and at times has said the charter allows it. Jones is opposed to franchise fees.

The state allows the city to collect franchise fees from utilities for use of public rights of way, and those fees are passed on to consumers. Some Milton residents - as Sandy Springs residents did before them - objected to the fees as essentially new taxes, calling them a breach of pre-city promises that taxes would not go up if the voters approved cityhood in a referendum.
Council member Tina D’Aversa Williams said Jones is meddling and the mayor is justified in feeling aggrieved.

“My concern is that we became a city so that we could have greater local control,” D’Aversa Williams said. “But now we have changes without our input. I question what was the motivation behind it.”But Council member Neal O’Brien said he believes Jones acted within her authority.
“I concur with what she did,”; he said. “It’s within the realm of her authority. The legislature has a signficant role in managing the law we operate under. Our job is to operate under that law.”

State House Update

Friends and Neighbors-

Few education-related bills pass the Georgia General Assembly each year. Since they affect 1.5 million public school students, it's good to be thoughtful and deliberate when it comes to structural change.

Nine education bills passed the House and Senate this session and await the Governor's signature. To be accurate, fewer than nine individual bills passed after several were grouped together during the final days of session.

I'd like to share information on HB 208 regarding local school councils, which I authored. The bill was merged with several bills and passed as Senate Bill 72. Next update, I'll also write about other education bills that passed.

I wrote the following comments as background for the Senate Majority Leader, Tommie Williams. He carried the bill in the Senate and amended it onto his bill, SB 72.

What does HB 208 do?

It changes the make-up of local school councils to make them parent-majority with a parent chair. Presently, all 2083 Georgia public schools are required to have a local school council.

What is the role of local school councils by state law?

They are advisory-only bodies and charged to "act as a link between the school and the community, and encourage the participation of parents." By law, they provide advice and make recommendations to the principal, local board of education and superintendent. They may provide advice on any matter related to student achievement and school improvement, including the school's budget, school board policies, facilities and how to involve parents.
The local school board is charged with considering councils' recommendations and responding to its written recommendations.

Who supported or objected to the bill in the House and what was the House vote?

- The bill passed the House 147-14 and passed the Senate 42 - 3.
- The state PTA spoke in favor of the bill because it encourages parental involvement. The School Board Assn. did not comment.
- The Georgia Chamber of Commerce and Metro Chamber supported the bill.

Why change local school councils again?

The bill recognizes parents and their children have the greatest stake in public education. It gives parents an increased, although measured, voice, which I believe will lead to improved customer satisfaction. The bill honors the education partnership among parents, principals and teachers by retaining all three on councils.

The bill gives councils a more independent role in their advisory capacity to allow for more meaningful feedback. It assures a majority are non-employees of the school board. A degree of independence matters because councils are charged with providing input to schools, superintendents and school boards.

HB 208 creates the only local parent-majority organization in state law authorized to provide input to schools, school boards and superintendents. (The PTA serves a separate, although, important role in schools. Schools, superintendents and school boards are not required to consider PTA recommendations. Additionally, the PTA's mission is distinctly different from local school councils as determined by its national board.)

Principals and teachers already have a significant role/voice in public schools by virtue of their positions. Principals manage individual schools and make numerous decisions regarding them. Principals and teacher representatives serve on other local education advisory councils that provide input to their respective schools and school board. Most school systems have principal advisory councils, teacher grade level chairs and teacher advisory councils.

In Closing

I'll send out another update on the recently-ended session shortly with a summary of key legislation that passed, including a bill I authored requiring disclosure and itemization of city franchise taxes on customer bills. If you're interested, more background on local school councils follows below.

Thank you for the opportunity to serve your family and House District 46. It is my privilege.

Best-

Jan Jones
State Representative - District 46
(Serving northwest Fulton, including Milton, Roswell, Alpharetta and Mountain Park)

History and makeup of Local School Councils:

2000 - HB 1187 passed creating local school councils (LSCs) as part of Gov. Roy Barnes education package.
2001 - Each school system was required to assure implementation of a LSC in one high school, one middle school and one elementary school
2002 - Half of all schools within a system required to have councils in place
2003 - All schools required to have a LSC
2000 - Guidelines for councils in HB 1187 - Seven members comprised of 2 parents, 2 teachers, one principal and 2 school business partners (one selected by the school board and one selected by other council members). Councils were required to meet 12 times per year. Principal designated as chair.
2004 - HB 1190 (Governor Perdue's omnibus education bill) changed local school councils in numerous ways. Agreed to by Democrat-majority House and Republican-majority Senate.

- Changed membership from 7 members to a minimum of 7 members. The required 7 members included 2 parents, 2 teachers, one principal and 2 school business partners (both selected by the council). The school board no longer selected a business partner. Additional members could be added through by-law changes as long as the number of parents and teachers was equal. The number of times councils were required to meet dropped to a minimum of four times per year. The principal no longer was designated to serve as chair.

- Governor Perdue's original education bill called for parent-majority councils (same wording as in HB 208), but the provision was eliminated in the House Education Committee.
2007 - HB 208 (Amended to Senate Bill 72) - Keeps the 7-member minimum, but changes the council composition to 4 parents, 2 teachers and one principal. Other council members may be added through by-laws changes, but parents must remain the majority. A parent designated as chair.

- Two of the parent members will be business persons. The term "business persons" is left undefined because of the wide disparity among Georgia's 2083 public schools. The schools differ in demographic diversity, system wealth, average household wealth, and in student population size. For example, public schools vary in student population from 32 to 3466 students. If an individual council chooses, it may further refine the definition of business persons as it applies to parent members or other council members added from the local community.

- The bill removes a conflicting sentence in current law that requires business members (of local school councils) to be school business partners. By removing the sentence, councils may add members from the local business community through bylaw changes, including from the chamber, retired business persons and others. Some schools have few school business partners and have found it difficult to find individuals willing to serve in this capacity (five large north Fulton high schools share the same Publix regional manager as one of their school business partners).

- Finally, the bill gives local school councils direction on how to implement the changes in membership, including a timeframe. As positions currently held by school business partners come up for election, they will be replaced with parent members.

Sparring Factions In Milton Turn To Perdue

By DOUG NURSE / The Atlanta Journal-Constitution Published on: 05/17/07

Political jousting in the city of Milton has spilled over and roped in the governor. The latest sparring started when Republican state Rep. Jan Jones engineered changes to the city charter in the recent legislative session, including term limits for the mayor and six council seats.

Mayor Joe Lockwood has cried foul, claiming he was blindsided by the changes, many of which he said reduce his authority.

After the governor's office on Monday asked Lockwood to weigh in on the changes, he wrote a letter asking Gov. Sonny Perdue to veto House Bill 811, sponsored by Jones. Several members of the council now are sending letters of their own asking Perdue not to veto the charter changes. The governor's office was circumspect in discussing the controversy.

"The governor will decide whether to sign based on its merits," said Bert Brantley, spokesman for the governor's office. "He takes into account all points of view." Jones authored the legislation creating the city in 2006. Jones, who supported Lockwood's opponent for mayor last year, said the recent changes were simply a matter of fine-tuning the city's charter or its constitution and bylaws.

Among the changes in House Bill 811 were provisions taking away some of the mayor's authority to appoint City Council committees.The bill limits the mayor and City Council members to two four-year terms. Jones said she was "surprised and puzzled" by Lockwood's objections and said she has the support of a majority of the City Council.

Your Milton, GA Firemen!

Mayor Joe Lockwood swore in 40 men and women as the city’s first firefighters on May 11. The fire service assumes operations from Fulton County on Friday, May 18 at 10:01 a.m.

Coffee With Joe

Morning series another opportunity to ask questions, voice ideas

Mayor Joe Lockwood invites Milton residents with some free time in the morning and questions on their minds to stop by City Hall on the third Tuesday of each month beginning May 22 from 9 to 10 a.m. for some coffee and discussion.“Keeping the lines of communication open with our community is a top priority for this administration, and this is another way to hear what’s on residents’ minds, answer any questions and listen to any ideas they may have to offer,” Lockwood said.

The “Mayor’s Coffee” sessions are an ideal opportunity for seniors, stay-at-home moms, those without Internet or e-mail access, or anyone who is unable to attend evening meetings to have their voice heard, the mayor added.The calendar for the rest of 2007 is as follows: May 22, June 19, July 17, Aug. 21, Sept. 18, Oct. 16, Nov. 20 and Dec. 18. The sessions are held in the council chambers. Milton City Hall is located in Suite 107 of the Deerfield Professional Centre, 13000 Parkway.