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June 26, 2012

City prepared to sue county for SPLOST funds

MILLEDGEVILLE — The city of Milledgeville is threatening legal action to compel Baldwin County to release more than $1 million in SPLOST money that has not been released.

In a letter drafted following a called meeting of the Milledgeville City Council, Milledgeville Mayor Richard Bentley wrote Baldwin County Commission chair Faye Smith to advise her that council has asked city attorney Jimmy Jordan to pursue a lawsuit against the county if the matter is not resolved by July 1.

On May 8, city council sent a demand for payment to county attorney David McRee for the city's portion of the now expired SPLOST. The city calculated that the county had collected and owed $1,037,486.50 plus interest. According to Bentley's letter to Smith, the city would allow the county to split the balance over six months plus accruing interest.

Bentley said the gesture was made in good faith, though the county had not communicated with the city that they would be withholding the SPLOST monies from the expired SPLOST.

In addition, Bentley noted that the county has not met its obligation to make the first payment from the current SPLOST adopted by Baldwin County voters in May of 2011.

After receiving the letter from the city, the commissioner entered into executive session at last Tuesday's meeting to discuss the potential litigation.

Smith said the county is not seeking to keep the money, but simply does not have it.

Under current SPLOST allocations, money outlay is based on percentage, not monetary amount and the city of Milledgeville is not the only intended recipient of SPLOST monies that has not received SPLOST funds from the county.

The Milledgeville Baldwin County Development Authority has calculated that the entity is due nearly $200,000. Board chair Dr. Joanne Jones said Development Authority Director Matt Poyner was charged Monday with calculating a dollar amount the authority is owed.

Jones said the authority has been able to cope with the unremitted funds by dipping into reserves.

Georgia's Old Capital Museum is also a designated recipient of SPLOST proceeds. Director Dr. Amy Wright said the museum has not received SPLOST funds in the past two years.

Smith said she anticipates that the county and city will be able to resolve the issue.

Milledgeville city council member Phillip Joiner, District 4, affirmed that the two entities will likely be able to solve the dilemma.



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