HomeMy WebLinkAboutRESOLUTION NO 11 12 199STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 11-12-199
A RESOLUTION AUTHORIZING THE DISTRBUTION TO THE FULTON COUNTY BOARD OF
COMMISSIONERS OF CERTAIN CORRESPONDENCE REGARDING NORTHWEST FULTON SSD
FUNDS
WHEREAS, the City of Milton is currently in the midst of an impasse with Fulton County, Georgia
regarding distribution of Northwest Fulton SSD funds ("SSD Funds, "as described in more detail in that
letter attached hereto and incorporated herein by reference as Exhibit "A" (the "Letter")); and
WHEREAS, the Mayor and City Council desire for City staff to distribute the Letter to the Fulton
County Board of Commissioners in an effort to resolve said impasse over the SSD Funds.
NOW THEREFORE BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON,
GEORGIA, that the Letter is hereby adopted by governing body of the City; and
BE IT FURTHER RESOLVED, that the appropriate City staff are directed to distribute the Letter
to the Fulton County Board of Commissioners.
RESOLVED, this the 5th day of December, 2011
Attest:
JARRARD Cc-� DAVIS , L L 1'
A Limited Liability Partnership
KEN E. JARRARD
105 Pilgrim Village Drive, Suite 200
PAUL B. FR1CKEY
ANGELA E. DAVIS
Cumming, Georgia 30040
THOMAS MONDELLI
TELEPHONE: 678.455.7150
KENNETH P. ROBIN
PAUL N. HIGBEE, JR.
FACSIMILE: 678.455.7149
JAMES F.F.CARROLL
PAUL J. DZIKOWSKI
ELIZABETH M. WHITWORTH
CHRISTOPHER J. HAMILTON
KIARRARD&ARRARD-DAVIS COM
November 14, 2011
R. David Ware, Esq.
Fulton County Office of the County Attorney
141 Pryor St. SW
Atlanta, GA 30303
Re: Northwest Fulton SSD funds
Dear David:
I hope this finds you well.
This correspondence is an effort by the City of Milton at resolving the ongoing impasse
between our two governments regarding distribution of Northwest Fulton SSD funds ("SSD
funds") presently being retained by Fulton County. Specifically, the City of Milton understands
that Fulton County recently had no less than $104,835 in, available SSD funds simply being
stored in Fulton County special accounts. These are the very funds that were the subject of the
September 2011 Fulton County Resolution that, at least as conceived by the sponsor, would have
impermissibly disbursed the entirety of these funds out of the sub district fund and into the
Fulton County general fund.
However, it now appears that that practical effect of the September Resolution was to
authorize the transfer of only $12,700 from the Milton total. _ Without conceding the legality of
even this modest transfer, the practical effect of the Resolution is that a balance of no less than
$92,135 still remains in the Northwest sub district fund. This amount has been and remains the
legitimate property of the citizens and taxpayers of the City of Milton and claim is, again, made
on it.
You may recall that these are the same funds identified in a September 30, 2011 letter
from Speaker Pro Tem Jan Jones to the Fulton County Board Chairman. In that letter, Speaker
Jones stated:
the remaining funds noted above should be disbursed for the benefit of northwest and
northeast citizens who expressly paid county Special Service District taxes following the
creation of the subdistricts, which resulted in the noted available cash and investment. I
request a decision and update by the commission.
R. David Ware, Esq.
November 14, 2011
Page 2
The City of Milton has no knowledge as to whether Fulton County ever responded to this request
by Speaker Jones. To the extent a response was provided to the Speaker, please consider this an
Open Records Act request under O.C.G.A. 50-18-70, et. seq., for that response.
Fulton County's reticence to release the sub district funds to the City of Milton reportedly
arises out of an alleged lack of clarity in the law (Q.C.G.A. 36-31-12), and specifically the so-
called Shafter amendment) regarding what to do with funds entering the sub district accounts
after May 14, 2008. Fulton County's position on this point is, respectfully, neither consistent
with the spirit of the Shafer amendment nor the letter of the Special Service District Act
(O.C.G.A. 36-31-12) As rioted in an October 5, 2011 letter from Mayor Joe Lockwood to Fulton
Board member Liz Hausmann:
While it is the case that the Shafer amendment does not provide explicit direction
regarding how to,dispose of funds collected and deposited into the Northwest Subdistrict
Fund subsequent to May 14, 2008, it would defy logic and common sense to conclude
that such funds are subject to confiscation and redirection by Fulton County merely
because the General Assembly did not make express provision for such an unanticipated
scenario.
If the General Assembly intended for pre -May 14, 2008 funds to be returned to the
municipalities from where they were collected; under what possible public policy
rationale could it be that proceeds appearing in the same fund subsequent to May 14,
2008 are treated differently?
Of. course, the language in the Special Service District statute itself must also be
consulted. Specifically, O.C.G.A. 36-31-12 sets forth the law quite succinctly:
(a) The General Assembly finds that:
(1) The purpose of a special district is to provide services to a given geographic area and
to finance the provision of those services from taxes, fees, and assessments levied in the
eg ographic area which benefits from the services
In other words, the expressed intent of the Special Service District statute is to ensure that funds
collected in a special district are expended in that same geographic area. To transfer Northwest
sub district funds to the Fulton County general fund or to any other sub district would directly
contravene the express language of the SSD statute•and would be, rbspectfully, illegal.
On behalf of the City of Milton, I would hereby respectfully but emphatically request that
Fulton County immediately disburse those SSD funds to the City of Milton — and therefore fully
comply with both the Shafer amendment, specifically, and the SSD statute, generally. As you
may be aware, at least one Fulton County Commissioner has stated that Fulton County does not
R. David Ware, Esq.
November 14, 2011
Page 3
want those funds "to just sit there." The City of Milton concurs that the funds should not sit idle
— but that the only appropriate and lawful destination for the funds is the City of Milton.
I look forward to Fulton County's timely response to this request.
Sincerely yours,
JARRARD & DAVIS, LLP
Ken rard
KEJ/mac
cc: Mayor Joe Lockwood
Milton City Council
Chris Lagerbloom, City Manager
Jan Jones, House of Representatives, Speaker Pro Tem