The Fulton County Commission has voted to put $221,000 in two northern cities' property taxes into the countywide general fund, a move intended to stop the north vs. south bickering that broke out over the money.
"I simply want what's best for the entire county and to stop refighting the Civil War," said Commissioner Robb Pitts, who made the suggestion, approved 6-1 on Wednesday.
But north Fulton leaders reacted with outrage, saying that since the money was paid by Johns Creek and Milton property owners into the county's special services district for municipal-type services such as police, fire, parks and planning, it can't be put in the general fund. After the two cities incorporated, an act of the state Legislature required the money be returned to the cities.
State Rep. Lynne Riley, R-Johns Creek, said transferring the money to the general fund would violate the county's service delivery agreement, since it would be taking taxes collected for one use and spending them on another.
"I am stunned that six commissioners would vote for that," Riley said. "I fully anticipate that the cities of Johns Creek and Milton will take some kind of action against that motion."
Because of confusion about the motion's wording, however, some north Fulton leaders aren't so sure the board technically voted to touch the money at all.
After Pitts made the motion, County Attorney David Ware asked that a stipulation be added that the only monies moved would be those "that do not relate to tax, fee and/or assessment liabilities that were incurred after the effective date of the Shafer Amendment."
"I'm still evaluating what, in fact, occurred," Milton City Administrator Chris Lagerbloom said.
The Shafer Amendment was state legislation that went into effect in 2006, barring the use of money raised in a specific area of the county from being spent somewhere else. The $221,000 accumulated in county coffers starting in mid-2008, after another state bill required the county to return to the new cities what they had paid for special services before they incorporated.
The bill, however, did not address what to do with 2006 taxes still trickling in, such as late taxes and taxes paid after assessment appeals were settled. As of Sept. 30, Johns Creek's account still had $116,005; Milton's account had $104,835.
Commissioner Liz Hausmann, who represents north Fulton and was the lone "no" vote Wednesday, said she believes that the way the motion was worded, none of the money can be moved.
"I'm not sure any part of the motion is legal," Johns Creek Mayor Mike Bodker said. "It feels like a hostile act any way you look at it from the citizens of north Fulton's perspective."
Commissioner William "Bill" Edwards said after the meeting that he was conferring with the county attorney about the meaning of the motion. Regardless, he said, the intent of the six commissioners was clear -- to use the money for some purpose that benefits the whole county.
It was Edwards who first raised the issue, seeking to have the money moved to south Fulton, which he represents.
"I'm fine with it," he said of the vote. "I don't care where it goes, but I'm going to argue for south Fulton."
Edwards had argued that Milton and Johns Creek residents gave up the money when they voted to form cities and walked away from unincorporated Fulton -- a backlash against a perception of poor county services and northside funds being siphoned to the south. Edwards said that since the $221,000 was paid into the special services district, that's where it belongs. Only unincorporated south Fulton remains in the district, which faces a $7.2 million shortfall in 2012.
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