The Tri-County Journal
& Chattahoochee Chronicle
PO Box 850, 71 Webb Lane
Buena Vista, GA 31803
229-649-6397
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By RICHARD HARRIS (From the Oct. 4, 2006 issue)
Marion County Probate Judge James “Bump” Welch on Monday rejected a petition that requested a special election be called to give voters an opportunity to vote on roadside garbage pick-up.
Judge Welch’s written order on the subject gave three reasons for his decision: the section of the Georgia Constitution cited by the petition does not apply; the Marion County Commission has the authority to decide how to handle garbage; and the Probate Court does not have the authority to validate signatures and call an election for a referendum.
The petition was turned in on Sept. 21 to Judge Welch by local residents Richard (Rick) Waters, Bryant Vaughn and Don Benton. The petition included 30 pages of signatures and/or printed names (totaling more than 900). It requested that Judge Welch validate the petition and call for a referendum to allow local residents an opportunity to vote to repeal (or approve) the Marion County Commission’s decision to offer a mandatory roadside garbage pick-up service paid by user fees from homeowners.
The recently formed “Community Action Group,” which supports the petition, does not plan on abandoning the effort, according to the group’s newsletter that was released on Monday.
The newsletter begins with, “Wanted: 1,000 people at Commissioners Meeting, Tuesday, Oct. 10 at the County Extension Office.”
The newsletter states, “This is being encouraged to show the county
The group also recently requested that the Commission change the schedule of its regular monthly meetings from 4 p.m. to 5:30 p.m. The group, which meets each Thursday at 7 p.m. at the Community Center in Buena Vista, also has plans to form a “steering committee” to suggest a direction and organization plan for the group.
Order Summary
Below are portions of Judge Welch’s order.
Judge Welch’s order stated: “The petition must be rejected as invalid because the petition and election procedure in Ga. Const. Art. 9, Section 2, Par. 1 does not apply to a resolution passed by a county’s governing body and having no bearing on a local law passed by the State Legislature.”
“The petition must also be rejected as invalid because the Board of Commissioners of Marion County, Georgia has broad powers concerning garbage collection and disposal, including the power to determine the required method of collection and the power to impose a reasonable fee for providing such services.”
“The petition must also be rejected as invalid because the Probate Court has no authority to validate signatures and call an election for a referendum.”
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