The Forsyth County Board of Commissioners is considering establishing of a Public Facilities Authority. On Wednesday, February 21 the board held a Town Hall Meeting for discussion and public input on this topic.
The citizens have voted down every facility proposal that has been proposed for the last few years. Jails, courthouses and more have been rejected by the citizens due to poor planning and presentation on behalf of the county. The Authority would give the county government a way to bypass the citizens and build the facilities.
As a government entity it is possible that they might be able to take property from individuals and convert it for county use. The county did not cover this issue specifically in the press release and we could not get anyone in government to comment on it. We quote "To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue."
The Authority can not build a jail or courthouse. Quoted from the document creating the Authority: "Revenue Bonds shall not be issued for any building that will be used as a courthouse, or a jail, or for any single building the cost of which is anticipated at the commencement of construction to exceed $20,000,000.00 (Twenty Million Dollars) (hereinafter referred to as the “Monetary Limitation”), unless the voters approve the building in a referendum or the building is required to be constructed by court order." A court order is a way to build a jail. In fact, many jails are built by court order after the courts fill them way past capacity.
Also there are loop holes in the funding. We quote "The Monetary Limitation shall be subject to annual upward adjustments based upon the consumer price index. The Monetary Limitation shall not prevent the issuance of revenue bonds to fund unanticipated cost over-runs for buildings that were originally anticipated at the commencement of construction to be within the Monetary Limitation."
Also the document creating the Authority states 3 commissioners and the county manager will be appointed to the board. They will make up a majority of the board eliminating the checks and balances that would be provided by an independent Authority. In essence the authority is simply a way around the citizens.
What is a Public Facilities Authority?
The Forsyth County Public Facilities Authority would be a political subdivision of the State of Georgia and a public corporation. It would provide the government of Forsyth County the opportunity to obtain financing and funding for public facilities and services for the citizens of Forsyth County. The Authority would be able to do projects that are exempt from taxation. Anyloans would be at low interest rates.
Why does Forsyth County Need a Public Facilities Authority?
To ensure that community projects such as facilities, public safety improvements, parks and roads are available to Forsyth County citizens in a cost-effective manner.
The function of the PFA will be to issue revenue bonds for such projects, to be paid for by defined revenue streams. The revenue bonds will not be paid for by property taxes. Bonding projects through the PFA allows Forsyth County to effectively lock in construction costs at today’s prices, especially important when considering rising construction costs. The county will receive the money for these projects on the front-end, so that citizens may proceed with using and enjoying new parks, facilities and more, while impact fee earnings and future SPLOST proceeds come in to repay the bonds.
Important Facts about the Proposed Public Facilities Authority:
· This is not a new tax.
· Bonds will not be paid for by property taxes.
· The PFA would not be used to fund a courthouse or jail; in fact, the Resolution specifically states that the PFA cannot be used to issue revenue bonds for any building that will be used as a courthouse or jail.
· The PFA shall not be used to issue revenue bonds for any single building the cost of which is anticipated at the commencement of construction to exceed $20 million.
What Happens Next?
The Board of Commission continues to seek public input on this topic. Please contact the Board of Commissioners to provide your thoughts regarding the establishment of a Public Facilities Authority.
The Forsyth County Board of Commissioners approved by a vote of 4-1 a Resolution regarding the Public Facilities Authority during their March 1 regular meeting. The Resolution will be submitted to the state delegation for approval.
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