CorinthHills.org

The CORINTH HILLS HOMEOWNERS ASSOCIATION, INC. (CHHA) sent me a USPS Certified letter that I signed for today (11/20/08). I’m actually very glad that they did. In it, among other things, they attempt to dictate to me how I am to run this (my) website. They apparently are not pleased with criticism. They also attempt to tell me how I should interpret the Georgia Code as it applies to TITLE 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, CHAPTER 3. NONPROFIT CORPORATIONS.

The president of the CHHA states in her letter to me that I haven’t properly requested information from the corporation. She also states that requests via e-mail are not proper. Here is my latest request (my first valid request was made 10/23/08 - almost a month ago):

=======================================================
—– Original Message —–
From: M. Weingarten
To: Frances Smith ; Frances Smith ; Jim Kwater ; Jane Wright
Sent: Thursday, November 20, 2008 4:33 PM
Subject: Request For Financials - 2nd Attempt

CHHA Board -

I would again, via electronic transmission - this e-mail, like to request copies of the CHHA financial records. I owe you no explanation as to why I wish to review these records.

Georgia Code - Corporations and Partnerships - Title 14, Section 14-3-1620

(a) A corporation upon request in writing or by electronic transmission from a member shall furnish that member its latest prepared annual financial statements, which may be consolidated or combined statements of the corporation and one or more of its subsidiaries or affiliates, in reasonable detail as appropriate, that include a balance sheet as of the end of the fiscal year and statement of operations for that year. If financial statements are prepared for the corporation on the basis of generally accepted accounting principles, the annual financial statements must also be prepared on that basis.

(b) If annual financial statements are reported upon by a public accountant, the accountant´s report must accompany them. If not, the statements must be accompanied by the statement of the president or the person responsible for the corporations financial accounting records:

(1) Stating the president´s or other persons reasonable belief as to whether the statements were prepared on the basis of generally accepted accounting principles and, if not, describing the basis of preparation; and

(2) Describing any respects in which the statements were not prepared on a basis of accounting consistent with the statements prepared for the preceding year.

Warmest Regards -
Marty Weingarten
1646 Corinth Court
Stone Mountain, GA 30087-3233
770.469.8559
mweingarten@earthlink.net

CorinthHills.org
http://corinthhills.org
admin@corinthhills.org

xc: esq

—– Original Message —–
From: M. Weingarten
To: Frances Smith ; Jim Kwater ; Jane Wright
Sent: Thursday, October 23, 2008 10:05 PM
Subject: Official Requests (2)

CHHA Board -

My apologies, I cited the business chapter and not the nonprofit chapter…
TITLE 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, CHAPTER 3. NONPROFIT CORPORATIONS
Reference: http://law.onecle.com/georgia/14/14-3-1620.html
Title 14, Section 14-3-1620
(a) A corporation upon request in writing or by electronic transmission from a member shall furnish that member its latest prepared annual financial statements, which may be consolidated or combined statements of the corporation and one or more of its subsidiaries or affiliates, in reasonable detail as appropriate, that include a balance sheet as of the end of the fiscal year and statement of operations for that year. If financial statements are prepared for the corporation on the basis of generally accepted accounting principles, the annual financial statements must also be prepared on that basis.

In the near future I will be making additional requests pursuant to:
Title 14, Section 14-3-1602 Member rights to information.
Title 14, Section 14-3-720 Member rights to member list.

Just FYI:
Title 14, Section 14-3-1604 Corporation non compliance of member requests.

Again, I apologize for any confusion.

Warmest Regards -
Marty Weingarten
1646 Corinth Court
Stone Mountain, GA 30087-3233
770.469.8559
mweingarten@earthlink.net

CorinthHills.org
http://corinthhills.org
admin@corinthhills.org
—– End Message —–
=======================================================

Here’s a link to the specific article: http://law.onecle.com/georgia/14/14-3-1620.html

Here’s a link to the Georgia Secretary of State: http://www.sos.georgia.gov/

I invite the CHHA board, our association membership and any interested attorneys to review these requests, contact the Georgia Secretary of State and ask questions.

Then ask yourselves,… what’s the big deal? Why won’t the CHHA comply? Why has the CHHA stated in writing and verbally via phone (of which I have a voice mail) that they will comply, but yet they haven’t? Why is that? Why? It’s the law that the CHHA agreed to comply with when they incorporated as a public entity. Why? Why is it that they won’t comply? I don’t understand,… I’ve abided by the Georgia Code with respects to my requests,… I have given them much longer to comply than what the Georgia Code dictates (5 days), yet I still have not received the financials that I have requested? Why?

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CHHA BoD Silence Is Deafening

Friday, October 24, 2008 6:25 AM
Frances Smith - CHHA President
“This board has nothing to hide from you, therefore you WILL be informed
of anything that you ask for¦”

Friday, October 24, 2008 11:17 AM
Frances Smith - CHHA President
“I will speak to CHHA’s attorney and she or I will respond to you. This is the only response I will have for any issue until I speak to her.”

Friday, October 24, 2008 8:00 PM
I just spoke with Frances Smith (CHHA President) by phone (770-403-7025) on Friday, October 24, 2008 at approximately 7:45 PM. I was told by Ms. Smith (and also have a voice mail from her stating the same thing) that she would no longer respond to emails from me. I requested that she provide me with the name and phone number of the attorney who advised her of this and she refused to provide this information.

I also included the CHHA 1st vice president and the CHHA secretary in each e-mail message - neither of whom ever bothered to reply.

No further contact. ¦Hmmmm¦ Nothing to hide¦

One Response To “CHHA Continues To Evade Requests”

1. fwy545 Says:
   November 21st, 2008 at 2:18 PM

   For non-compliance issues see Section 14-3-1604. These issues go before a Superior Court judge so you can start by going to the gsccca.org website for more information or you can call the Superior Court Clerk’s Office at 770-822-8100 and speak with someone there about how to proceed. There is a fee to file, but a judge will order the association to pay that fee and for associated attorney fees if it finds in your favor.

   I’ve sent you an email too.

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The Gwinnett County Police Depatment would like to share the following holiday season safety tips:

When you are out shopping:
• Make sure to lock your cars
• Take all of your valuables out of your car
• Don’t carry large quantities of cash
• Try to get your shopping done during the day
• If you are walking to your car at night use a security escort
• Pay close attention to your surroundings when approaching your car
• Have your keys in your hand before you get to your car

When you go to a holiday party:
• Do not drink and drive
• Have a designated driver
• If your child goes to a party set him/her a curfew to be home
• Make sure you know who will be with and in charge of your child’s parties
• If an emergency happens immediately call 911

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When the new Gwinnett Clean & Beautiful garbage collection plan is fully implemented in July 2009, residents in unincorporated Gwinnett will be able to recycle up to 35 items, a five-fold increase from the current seven-item limit. Advanced Disposal and Waste Pro of Georgia, the two companies selected to provide waste and recycling services under the new plan, will supply each homeowner with two 95-gallon carts, one for garbage and one for recycling.

The following items will be accepted for curbside recycling beginning in July 2009:
Newspapers & Inserts
Cardboard Boxes
Pizza Boxes
Kraft Paper
Cereal Boxes
Tissue Boxes
Paper Towel Cores
Tissue Paper Cores
Computer Paper
Calendars
School Papers
Magazines
Shopping Catalogues
Envelopes
Paperboard
Paper Grocery Bags
Soda & Beer Cartons
Old Phone Directories
Paperback Books
Shopping & Lunch Bags- Paper
Discarded Mail
Carbonless Forms-Paper
Aluminum Beverage Containers
Aluminum Baking Tins
Steel Food Containers
Empty Aerosol Cans
Glass Bottles & Jars
Plastic Soda & Water Bottles
Milk Jugs
Plastic Detergent Bottles
Plastic Bottles # 3-7
Clean Metallic Lids
Greeting Cards
Aluminum Food Containers
Shoe Boxes

For more information about the new garbage plan visit http://gwinnettcbservices.org/

Also view our CorinthHills.org sitemap as we have a number of articles regarding the new waste disposal program. These articles should be found under the “Gwinnett” and/or “Consumer Information” categories.

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The following actions were taken by the Gwinnett County Board of Commissioners at their meeting on Tues., November 18, 2008. This is a partial listing edited for our community.

SUP-08-076 - Denied without prejudice: A requested special-use permit in a general business district to allow for a used automobile sales lot and accessory service center on 4.11 acres. The property is located at the 4300 block of Stone Mountain Highway. The applicant is Navid Yazdanpanah, Buford and the owner is Karen Maclaurin, Buford. The planning department has recommended approval with conditions and the planning commission has recommended deny without prejudice.

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By MICHAEL PEARSON
The Atlanta Journal-Constitution

Friday, November 21, 2008

The take-no-prisoners economy is threatening to take down yet another target: the naming rights deal for Gwinnett County’s new baseball stadium.

“The expectation of doing a naming rights deal right now is not as good as it was eight or 10 months ago,” project manager Preston Williams said Friday.

Williams, who is the general manager of the Gwinnett Convention and Visitors Bureau, said uncertainty over the economy has made it virtually impossible that a deal will be signed before the stadium opens in April to house the top minor-league affiliate of the Atlanta Braves.

It may also be hard to make a deal by August - when a contract provision with the Braves kicks in that could permanently reduce the amount of revenue available to the county.

It’s common for corporations to pay the owners of sports and entertainment venues for the rights to attach their names to the facilities. Many such deals are worth tens of millions of dollars.

While Williams believes a deal will get done eventually, the lack of an early deal could pose at least a short-term headache for county officials. The county built the sale of naming rights into its financing package for the stadium, counting on the deal to provide $500,000 a year to help repay money borrowed to build the ballpark.

The county projected selling naming rights for $800,000, but a portion of the proceeds would go to the Braves. If the county can’t make a deal by September, the Braves get to sell the rights and keep more of the money.

If naming rights don’t bring in enough to cover the debt, the county might have to cover the cost even as it is cutting staff and expenses amid an effort to trim $35 million from its annual budget, said County Administrator Jock Connell.

“The bottom line is we’ve got a bond payment coming due and we’re operating on the assumption right now that those revenues are going to come through.” he said.

If not? “We would have to look at what other revenues are out there,” he said. “I don’t want to lead you to believe there are lot of them.”

The likely contender is property tax revenue from the county’s general fund, although there’s been some discussion about a longshot option - using proceeds from the county’s Special Purpose Local Option Sales Tax. Connell indicated that’s unlikely.

Click here for the full story…

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By D.L. BENNETT
The Atlanta Journal-Constitution
Wednesday, November 19, 2008

Georgia’s largest local governments have all agreed to ask for federal money to create governmental house-flipping programs in hopes of propping up values in neighborhoods beset by foreclosures.

In all, Atlanta and Fulton, DeKalb, Gwinnett, Clayton and Cobb counties stand to get about $81 million in federal aid through the Neighborhood Stabilization Program. There’s a total of $153 million headed to Georgia.

The program is part of the federal government’s ongoing efforts to resolve the economic and foreclosure crisis. It allows local governments to buy problem foreclosures, fix them up and then sell or rent the properties to some of the same folks who have lost their homes during the crisis. They can also use it to create special financing to make the properties affordable.

State officials said Wednesday they doled out the state’s $77 million based on their own formula using the number of bank-owned properties in each jurisdiction as the No. 1 factor. DCA plans to give Atlanta and Fulton an additional $7.9 million to split between them. Gwinnett would get another $3 million. Cobb gets an extra $1.7 million from DCA.

Click here for the full story…

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Precinct Information
Precinct Number: 49
Precinct Name: GARNERS C
Polling Place: LUCERNE BAPTIST CHURCH
Location Address: 4805 STONE MOUNTAIN HWY LILBURN GA 30047

On the runoff ballot:

United States Senate
Saxby Chambliss (R)
Jim Martin (D)

Public Service Commissioner
Lauren McDonald (R)
Jim Powell (D)

Court of Appeals Judge
Sara Doyle
Mike Sheffield

Click here to view a sample ballot (PDF)

District Information
Commission: 3
School: 4
Georgia House: 102
Georgia Senate: 041
US Congress: 007

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The Gwinnett County (Gwinnett Clean & Beautiful) garbage plan set to take effect in 2009 is becoming very contentious for a number of various reasons and issues. Below are a few good articles that have been printed in the past few day that make for a must read.

Friday, November 21, 2008
Garbage haulers defend cart-collection fee
The Atlanta Journal-Constitution

11/20/2008
New trash plan: County looks into fee — September charge may have been illegal
Gwinnett Daily Post

11/19/2008
Down in the dumps — Commission takes heat over trash plan
Gwinnett Daily Post

11/19/2008
2nd hauler charges fee
Gwinnett Daily Post

Tuesday, November 18, 2008
Gwinnett may collect garbage company’s bond over fee — Atlanta Waste Industries says it will charge customers an extra $23.50 when it leaves county
The Atlanta Journal-Constitution

Monday, November 17, 2008
Gwinnett trash hauler adds fee before its contract expires — Company says it will provide benefits to employees who county will replace with prison labor
The Atlanta Journal-Constitution

Previous articles regarding the new 2009 Gwinnett County garbage plan posted on CorinthHills.org:
11/08/08 — Gwinnett County Garbage Plan Announced
09/12/08 — Gwinnett Waste Providers Submit Bids
05/14/08 — Gwinnett County Solid Waste Plan For 2009

Gwinnett Clean & Beautiful Services (gwinnettcbservices.org) is the official Gwinnet County website that provides all of the details for the new trash plan including pricing, billing, service areas, services provided, authorized garbage haulers, authorized recyclable materials and much more. Please visit this site…

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By Camie Young
Senior Writer
Gwinnett Daily Post

STONE MOUNTAIN - While a trip to Stone Mountain Park’s Christmas Village could be too much for a family to afford this holiday, the city’s Village will have a free festivity.

The annual lighting of the Christmas tree in Stone Mountain Village is set for 6 to 8 p.m. Nov. 28, the day after Thanksgiving.

The event will give people a chance to shop the local markets, while enjoying the historic downtown.

According to a press release, Main Street Stone Mountain will be decorated, and Christmas carols will accompany the hustle and bustle.

Kids and adults can roast marshmallows and sip hot chocolate at some of the refreshment stands, and officials have added the Stone Mountain Market to the Christmas Celebration. The market will feature crafts, baked goods and unique gifts.

At 6 p.m. a parade of Athol bagpipes, antique fire trucks, floats and a procession of elves and marching bands will lead in the grand marshal all the kids have been waiting for: Santa Claus.

Kids will be able to send their wish lists to the Jolly Old Elf, as they write letters to him at a writing station, where Jeff the mailman will deliver them to St. Nicholas.

The event will end when Santa lights the Stone Mountain Christmas tree, beginning a fireworks show at 8 p.m.

For more information, call Main Street Stone Mountain at 770-498-7334 or e-mail mainstreetstone@bellsouth.net or visit www.mainstreetstonemontain.com. Details on Stone Mountain Market can be found at affps.com/stonemountain.html.

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The 11th hour of the 11th day of the 11th month… A special time to salute and remember those who have sacrificed so that we all might enjoy freedom.

Verbal: 533
Math: 549
Writing: 520
Total: 1602
Number of Students Who Took the Test: 561

Georgia’s average score on the SAT college admissions exam fell for the second consecutive year, according to results released Aug. 26, 2008.

The state’s results dropped by six points to 1,466. But the national average held steady at 1,511 — 45 points higher than Georgia’s average, according to the College Board, which administers the test. A perfect score is 2,400.

Scores are provided by the College Board.

One Response To “2008 Parkview High School SAT Scores”

1. Admin Says:
   November 14th, 2008 at 11:46 AM

   11/14/2008
   Parkview High honored for improvement in SAT scores

   By Heather Darenberg
   Staff Writer
   Gwinnett Daily Post

   SUWANEE - Parkview High principal Charles “Buck” Buchanan credits the school’s success in raising students’ SAT scores to “total quality continuous improvement.”

   The Lilburn school was one of 32 in Georgia to receive the Regional Governor’s Trophy Award for making the greatest improvement in SAT scores during the past three years. Parkview was one of eight Class AAAAA schools that won this year’s Governor’s Cup Challenge.

   Parkview’s average SAT score of 1,575 is higher than Gwinnett County Public Schools’ average of 1,524. The state and national averages are 1,472 and 1,511, respectively.

   “It’s not only our teachers and leaders within the school,” Buchanan said Thursday evening, as the Gwinnett County Board of Education recognized Parkview for the honor. “It’s our student body, and it’s our community, and it’s all of us working together.”

   Several methods helped the school raise its average SAT score by 27 points in one year, Buchanan said. Parkview has tripled the number of students enrolled in Advanced Placement classes. Teachers interpret students’ Preliminary SAT (PSAT) scores to identify areas of weakness and improve achievement on the college entrance exam. The school also provides a guided study class to provide all students with academic support.

   “Most importantly, we have high expectations for everyone in our building - staff and students,” he said.

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The Parkview Panthers (7-3) will host Norcross (7-3) this Friday, November 14th at the Big Orange Jungle. The game begins at 7:30 PM.

Other notable Gwinnett County high school football playoff match-ups this weekend include:
Collins Hill (8-2) at Grayson (10-0)
Dacula (5-5) at Peachtree Ridge (8-2)
Brookwood (6-4) at North Gwinnett (8-2)

One Response To “Parkview Football’s First Round Playoff Opponent”

1. Admin Says:
   November 15th, 2008 at 11:37 AM

   Scores:
   Norcross 20 - Parkview 17
   Grayson 31 - Collins Hill 7
   Peachtree Ridge 17 - Dacula 0
   North Gwinnett 34 - Brookwood 10

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The Lilburn Festival of Christmas will begin Friday, December 5th and continue through Saturday, December 6th.

The festivities begin Friday with the Christmas Tree Lighting at 6 PM in Lilburn City Park. A Christmas concert will follow at 8 PM at Lilburn First Baptist Church.

The Lilburn Christmas Parade will begin at 10 AM Saturday morning on Main Street. Christmas in the Park will be held from 11 AM till 2 PM at Lilburn City Park. The Candlelight Tour of Lilburn historic homes will run from 5 PM to 8 PM

For additional information, visit www.lilburnparade.org.

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By PATRICK FOX
The Atlanta Journal-Constitution

Friday, November 07, 2008

Two waste management companies have been selected to provide residential service to about 180,000 households in unincorporated Gwinnett County. The contract awards announced Friday are the last step in a four-year process by the non-profit Gwinnett Clean and Beautiful to standardize waste collection and improve recycling.

“It is all set and ready to go,” said Connie Wiggins, president of Gwinnett Clean and Beautiful. “We are so excited to have this opportunity to get to the point to launch ¦ something that is going to offer better service, great value for citizens and something that will also benefit our environment.”

Under the new standardized plan, called “A Greener Tomorrow Begins Today,” the county has been divided into eight service zones. Each zone receives service from one hauler for waste and recycling. Friday’s announcement names only two contractors to service all eight zones. Advanced Disposal Services Atlanta has been awarded the contract for four zones in the northern half of the county. Waste Pro Georgia, a subsidiary of Florida-based Waste Pro America, will service the county’s four southern zones.

Initial cost for the service, which begins Jan. 2, will be $20.45 a month for trash and recycling. Yard-waste pickup will cost an additional $10 a month. Billing for the first six months will be handled by the hauling companies. In June, the fee for trash and recycling service will drop to $17.86 a month and will be billed on residential property tax notices. The fees will be locked in until the end of 2010, and the two contractors will have exclusive rights to their routes until the end of 2015.

Future rate increases, Wiggins said, would have to be approved by the GCB board and would have to meet cost criteria established in the contract, such as comparisons with the Consumer Price Index. If a rate increase request exceeds what might be allowed in the criteria, it would go before the county commission for consideration.

The driving force for the uniform waste-collection initiative is to improve efficiency and increase recycling, said Jane Langley, spokeswoman for Gwinnett Clean and Beautiful. This initiative, she said, will reduce the traffic in neighborhoods and illegal dumping and increase the variety of recyclable items by five-fold.

“It sets a standard for the metro area,” Langley said. “I think a lot of people are going to sit up and pay attention to this.”

Langley said the initiative was formulated over four years and drew from comments received at public hearings, community forums, two online polls and telephone surveys. Further, she said, the agency established a team of 50 citizens to give input throughout the process.

Residents will be receiving letters explaining details of the new service from their contractors by the end of the month, Langley said. Residents with questions may also call the service center at 770-709-5600 or visit gwinnettcbservices.org.

• CHNA Note: It is recommended that you visit the gwinnettcbservices.org website as there is a great deal of specific information that should answer most any question you might have about the new garbage and recycling programs.

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By MICHAEL PEARSON
The Atlanta Journal-Constitution

Wednesday, November 05, 2008

The Gwinnett County Redevelopment Agency on Wednesday recommended creation of three new tax allocation districts.

The County Commission now must approve or deny the proposals - and that is expected to come in December. The Gwinnett County School Board would also need to sign on if it were to participate in the effort.

Voters on Tuesday apparently approved a constitutional amendment allowing school districts to once again participate in tax allocation districts. The Georgia Supreme Court ruled in February that the state constitution forbade the use of education funds in TADs. Tax allocation districts produce money to pay for redevelopment by diverting revenues from rising property values into a special fund to pay for construction costs.

Gwinnett’s districts would be located along U.S. 78 between Stone Mountain and Snellville, in Norcross along Jimmy Carter Boulevard and in Duluth between Gwinnett Place Mall and I-85.

The funding tools are widely regarding among county officials and the business community as the best way to foster redevelopment in the southern part of the county, which developed between the 1970s and 1980s and is suffering from high vacancies, under-utilized properties and traffic problems.

The Gwinnett Place TAD would feature $2 billion in development spread across four clusters around Gwinnett Place Mall. The Gwinnett Village district envisions two major projects, one at Jimmy Carter Boulevard and I-85, and the other at Indian Trail Boulevard and I-85. And the U.S. 78 district would include three major centers in a district that spans the distance between Stone Mountain and Snellville.

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