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Revelations on Nash Farm

I received the information pertaining to my open records request yesterday, which included BOC meeting minutes, court exhibits from the condemnation hearings, court transcripts, maps and a copy of the $8,077,000 check used to pay Maxie Price.

In my request I asked for, "all documentation related to the source of the funds paid to acquire the property; by this I do not intend to ask for tax records etc. Rather if special sources such as grants, loans or other financing were used..."

There was no specific mention of where the money came from in the 450 pages I received from the county. So I sent an e-mail to the county employee that put together the request basically asking where the money came from and that was the purpose of my request.

Here is her reply, "Please be advised that we have provided you with all of the financial documents responsive to your request. The $8 million payment came from the County’s General Reserve Fund. It is virtually impossible to determine the source of this fund because it is comprised of various revenue generating sources such as property taxes, sales taxes, etc."

So, I was right. However, that is not nearly the end of the story. Included in 450 pages were the minutes to the July 25, 2005 (pages 4 & 5). There are some very interesting things in these minutes.

The first thing is that the BOC pretty much sacrificed the YMCA for Nash Farm. Here is a relevant portion:

Commissioner Adams directed his question to Mr. Magnaghi, “how are we going to finance this?”

Mr. Magnaghi replied, “it will be financed by impact fees. The figures we reviewed were based upon $11 million; $6 million for this particular project, $5 million for the Y.M.C.A., and a debt incurred over ten (10) years would be approximately $1.3 million. The two (2) combined would be about $1.3 million a year for ten (10) years. That would constitute about 65% of the projected impact fees for the next ten (10) years. This would leave approximately $500,000 a year for additional projects from impact fees.”

Commissioner Stamey asked, “only if we use the Y.M.C.A. money, correct?”

Mr. Magnaghi said, “I keep saying that because the figures have been run on both of these projects, and if we back that out, we said that would constitute about 55% of the $11 million, so the $1.3 million would probably go down to $650,000 for just this project as debt service.”

Now, impact fees must be used for infrastructure improvements only, "development impact fees shall not be expended for any purpose that does not involve building or expanding system improvements that create additional capacity available to serve new growth and development" (County Code Sec. 3-6-86b).

This is an illegal use of impact fees. The county can pay it's self back for "system improvements intended to be funded by such impact fee." But the uses for impact fees and what a system improvement is are clearly defined in county code.

Now we come to an even more interesting part and I wonder how my friends at the Henry Council for Quality Growth feel about this:

Commissioner Stamey added, “we also talked about on the next SPLOST fund, we could put something in there concerning parks and recreation, and maybe we could create a resolution to allow us for an expansion of parks and recreation and use a portion of the SPLOST money to pay off this early.

Chairman Harper said he thinks the next SPLOST should have greenspace and park money; he said DeKalb County just developed a SPLOST for that purpose. He said DeKalb is leading the whole State in their Arabia Mountain Project, which is huge with the trail system. “On capital, if we built a new Administration Building today, and in two (2) years pass a SPLOST, we could put on the SPLOST we could retire the debt by putting it on there. I do not know if you can do that on land; I know you can on capital. Also, there is other land we have been considering, and it is a perfect place for a Y.M.C.A.

Not only is the county running to Congress trying to get pork money for Nash Farm and spending $8 million from the general fund (money that should have been spent on real needs) and impact fees (which is nothing more than a tax on the consumer)...the county is floating the idea of allocating more money to Nash Farm through SPLOST III.

And I hear that the county is looking to take some sort of legal action against Maxie Price because they feel they overpaid on the original settlement. I've got two highly credible sources on this.

This $8 million should have gone to the real needs of the county. I looked the other way on Nash Farm because I like BJ Mathis but the cost, the violation of private property rights and the continued examples of what is nothing short of stupidity from Mathis and company (Basler and Bowman excluded).

Mathis is up for re-election next year. Voters and taxpayers of District 2, please...for the sake of the county, do not re-elect her. It doesn't stop with Mathis, but it sure as hell starts with her.

Comments

Great Job Jason! I am impressed with your stamina to follow through.

Please take the time to read the minutes posted. Say what you will about Commissioner Holder, but the man understands that your word is your bond. It is all about credibility Commissioner. Thank you for being credible.

Chairman Holder, has a nice ring to it.

I meant to post that, but you are absolutely right about Holder.

Jason, we did not see eye on the county's acquisition of Nash Farm. But we are of the same mind regarding multiple funding sources and proper use of impact fees.

There are laws governing SPLOST revenues, and the idea to "create a resolution to allow us for an expansion of parks and recreation and use a portion of the SPLOST" falls outside the original, published ballot question that authorized SPLOST 2. You cannot simply pass a resolution and change what is effectively a contractual agreement with the voters.

Harper's funding proposal is tantamount to the "Bridge To Nowhere." Let's create a category in SPLOST 3 to retire a loan against the general fund. Honesty counts! Creative accounting does not!


My questions now are these:

The county must maintain a zero-balance annual budget - no overages, no debt. How is that possible when reibursement sources for the loan are not even determined?

Since impact fees are not eligible for bonds against future potential revenue, how can we "borrow" to create a lien against future impact fees?

I still support preservation efforts. But I want the financing and accounting measures to be open, honest, transparent and fully legal.

side note: I am particularly disturbed by the nonchalant manner that the current general fund and future SPLOST may be commingled. I know that is illegal.

After reading the minutes, I’m no longer as mad as I am disgusted. I had believed all along that the county commissioners were Constitutional idiots…that maybe they just didn’t understand the significance of using eminent domain in this case. However, you can read from their own words that they felt there was “a public necessity that it acquire the property”. Where was the necessity? That’s crazy and shows their ignorance may be more broad than I had suspected.

I can’t wait to vote against Mathis in 2008. As for Holder, he voted with the rest of them on this project, so I wouldn’t vote for him either. Honesty and credibility are great things, but not enough. The job of commissioner should require a little common sense coupled with the ability to make fiscally responsible decisions. It should also require someone with the backbone to stand up against the majority when they are out of line.

SPLOST for parks is a great idea.

No SPLOST is a great idea.

There is paperwork on the way for federal funding for the restoration of the old house and fence. This issue started before I got here so I can't comment much beyond that at the moment.

As I've been told, the only thing that Westmoreland has agreed to is transportation funding...so if a request is on the way, it'll be interesting to see how he handles it.

If the county can't find anything we need more than parks, we don't need another SPLOST. We need another slate of commissioners.

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