With city and county leaders
from all over the state looking on, elected officials of Fayette County
and its cities will begin their ground-breaking tax equity mediation Monday.
Mediator Tim Keim will meet
with the governing bodies of the county, Fayetteville, Peachtree City
and Tyrone at 8 a.m. to try and put salve on wounds that have festered
for more than three years.
Last week, Keim met with attorneys
for all sides, who "familiarized him with the situation," said
assistant County Attorney Dennis Davenport.
City leaders have claimed that
their residents pay about $2 million a year in taxes to Fayette County
for services they don't receive, while county leaders claim that the opposite
is true residents of unincorporated Fayette subsidize services for city
residents.
Attempts to resolve the issue
through the Association of Fayette County Governments failed, and a separate
committee charged with fostering cooperation between cities and county
also failed to find agreement.
"We're definitely going
to break some ground here in the next few months," said County Commission
Chairman Greg Dunn. "There's very little case law to go on."
"We are on the leading
cusp," agreed Fayetteville Mayor Kenneth Steele. "There will
be a lot of people watching.
Dunn said leaders in the Georgia
Municipal Association and the Association County Commissioners of Georgia
will be following the proceedings with interest.
The court-ordered mediation
will be the first ever under a 1996 state law that requires cities and
counties to cooperate to save taxpayer dollars, and to eliminate inefficiency.
One wrinkle of the law, the well-known House Bill 489, is a section that
forbids taxing city residents for services that are primarily for residents
of unincorporated areas.
Early this year, the three
cities cited that provision and filed a request for mandatory mediation,
also provided for in the legislation. County attorneys moved to dismiss
the request, saying the cities already agreed to a service delivery strategy,
and should wait to mediate the dispute when that strategy expires.
But a visiting judge last month
ruled that mediation must go forward, and appointed Keim, a professional
mediator, to tackle the case.
"My goal," said Fayetteville's
Steele, "is that, when all is resolved, each resident of the total
community shares, and shares equitably, the costs of providing services
in the county."
Once mediation has formally
begun, the law allows 60 days for a solution to be reached.
Whether that's the end of the
matter is anybody's guess. According to the law, the mediation is not
binding. If any of the parties disagrees with the results, more court
action may result.
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