Question: How can the County have their cake & eat it too? Put another way, how can the County fully fund $40 million Park Bond 2008 Referendum and fund the $400 million Braves stadium bond?   


Answer:  Although the Braves stadium deal has a unique & complex payment plan that shifts tax money from the not-yet-funded 2008 Park Bond into the Braves bond, the Board can still fund Park Bond 2008 with taxes recently reduced in July 2016 by restoring those earmarked taxes in September for the 2017 Budget.  

Call or send a quick email to the Commissioners here.  The public is also invited to comment on the 2017 Budget on September 13 at 9:00 AM and September 27 at 7:00 PM.  Members of the Cobb Parks Coalition will be there, so please join us!

• The preliminary 2017 Budget was presented on August 23, 2016 at the Board of Commissioners Work Session. In the proposed budget, the Debt Service in the General Fund increases by 14,293%  but only for the $400 million Braves Stadium Bond.  See the county's PowerPoint image below.  

= You can watch the entire 2017 Budget presentation here, and view the entire 2017 Budget PowerPoint here.  Park Bond 2008 discussion starts at 1:07 on the video =​​
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• As it happens, the $40 million Park Bond 2008 obligation is not included in the proposed budget.  Many Commissioners voiced some support during the August 23 meeting for adding Park Bond 2008 funding into the 2017 Budget, but it isn't included yet.  Call or send a quick email to encourage the Commissioners to do the right thing. 
  
  
• As we know, Cobb County connected taxes from 'repaid' Park Bonds to the Braves stadium.   However, the $40 million Park Bond 2008 Referendum approved by 65% of the electorate has not yet been funded.  

​From the Cobb County Braves FAQ Page:  
"Will my property taxes be used to pay for this (the new Braves stadium)? Currently .33 mills of your property taxes pay for the parks bonds that were issued in 1996, 2007 and 2008. The last of those bonds will be paid off in 2017 and 2018.  The millage will then be shifted to the General Fund when these bonds expire to raise an equivalent amount of revenues of $8.67 million. Those monies will then be used to pay for bonds to finance SunTrust Park construction. The average amount of .33 mills per household is $26 per year and this shift of funding will not impact other government services such as police, libraries, parks and other services."
​

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• The full $40 million Park Bond 2008 amount can & should be issued. We maintain that any assertion that only a percentage of the $40 million is available is incorrect because Park Bond 2008 Referendum was not funded and no bonds have been issued yet, so there is no repayment schedule to follow.  The Park Bond was delayed due to the economy, so the bonds should simply be funded now to purchase property.  See the front page MDJ article from last Sunday.
  
  
• Park Bond 2008 should be started this fiscal year with a new repayment schedule beginning on October 1 to be ready for purchasing properties the Parks Department selects this October. 

• When the Budget is adopted on September 27, the Board can have both Park Bond 2008 & the Braves stadium fully funded, if the earmarked Park Bond 2008 tax money is restored to the 2017 Budget.  Send a quick email to the Board of Commissioners asking them to do the right thing by voters.
  
  
• ​Park Bond 2008 would save hundreds of acres of ideal parkland yet add only $8 a year for the average homeowner.

​MDJ Article: ON THE TABLE OR OFF THE MARKET? Officials: List of recommended future park properties set for October release

by ​Jon Gargis

More than 160 properties across the county were nominated earlier this year to become the sites of some of Cobb’s next parks. But it remains to be seen which of those properties will be pursued by the county and how the county will get the funding to buy the land.

The county held a public nomination process from late January through April 15, with 166 properties nominated for purchase by the county to increase green space. The parcels are located in all areas of Cobb and range in size from 0.5 acres to more than 120 acres, said Tom Bills, senior project manager for the county’s parks department.

That nominating process, he said, mirrors the method county officials utilized after two-thirds of voters approved a $40 million parks bond in November 2008. That nomination process followed the vote and went into 2009, resulting in more than 330 nominated properties. Commissioners in late October 2009 were presented by the parks bond citizen advisory committee the list of 29 properties that had been whittled from those that were nominated.

But the bonds approved by voters were never issued by then-county Chairman Sam Olens due to a tanking economy and a tax increase he said would come as a result of the bonds’ issuance.

County officials say they cannot share the list of currently nominated properties as the information “relates to the potential acquisition of real estate,” said Sheri Kell, spokeswoman for the county.

And officials say they cannot reveal if any of the 29 properties recommended in 2009 were among those nominated this year, though Bills said that at the beginning of this year, of those 29, county officials could find no evidence of development activity on 21 of them. 

“A key factor in this process is to refrain from publicizing specific information about the nominated properties,” Bills said, adding that the county’s recreation board, which is examining the list of nominations, only discusses specific properties under consideration in closed session.
He added that the board has an Oct. 25 deadline to present its list of recommended properties to the Board of Commissioners. Commissioners are scheduled to meet that day.

Cobb Chairman Tim Lee said that after receiving the list of recommended properties, commissioners will then have the opportunity to propose a path for moving forward on future parks. But Lee said he did not intend to propose any policy that binds the incoming administration. Lee was defeated last month in a runoff by Mike Boyce, a retired Marine colonel.

Boyce, who will take office in January, said he would want to see the commission act on the list before the end of the year.

“I think we need to get started on it now, because there’s no sense kicking the can down the road,” Boyce said, citing the $40 million parks bond that had not been acted upon. “But I have to respect the process, and the process is the budget. I’m very sensitive to the fact that the commissioners and the chairman have a responsibility to meet all of the priorities in the budget, and the parks bond is just one of them. It isn’t the only priority, it’s one of many, and it’s the responsibility of the board to look at the chairman’s proposed budget and see what they’re going to do with it.”

Commissioners differ on bond plans

Commissioner Bob Ott last week told the MDJ that he wanted to see a new $40 million green space referendum on the November ballot as it had been eight years since voters approved the referendum in 2008. He said he would call it a green space initiative rather than a park referendum because the goal is not necessarily to buy property to create more parks but to preserve green space.

[See 5 Letters to the Editor today opposed to Commissioner Ott's new plan to start over]

But Cobb Elections Director Janine Eveler said a ballot initiative is not possible this year, as Wednesday was the deadline to place measures on the Nov. 8 ballot.

Commissioner Lisa Cupid said a number of Cobb residents have put in a lot of work pushing for issuance of the 2008 bonds, and that pursuing a new referendum would extend the timeline of getting funding for future parks.

“For us to come up with something new, while I can understand some of the rationale for it, it would have been easier to consider a new approach to this earlier on. Right now, it seems like it would be very difficult — it doesn’t seem palatable, not with all this renewed energy to revising the park bond,” Cupid said.

Commissioner JoAnn Birrell said she prefers spending a full $40 million on green space, but said that because there is only $19 million left in the 2008 bond, the county should spend that first, with priority on the original properties identified to be used for that bond. She would then make up the balance of the $40 million with a new bond issuance or by funding it some other way in the county’s budget.

The earliest the county could put forth a new bond referendum is March, according to Eveler, though in comments made to the MDJ last week, Commissioner Bob Weatherford said the $19 million left in the 2008 bond is what the county should issue once commissioners receive the Recreation Board’s recommendations. He also said that he is considering asking for a public safety bond to be added to the March ballot.

But for Jennifer Burke, an east Cobb resident and member of the Cobb Parks Coalition, a do-over parks bond referendum is not acceptable, especially as time is of the essence — she said her organization believes about half the 29 properties recommended in 2009 have been developed or are in threat of being developed.

“Our goal is to have the full funding available as soon as possible because so many of them have been developed. It’s sort of been confusing when the county says a certain amount is available or a certain amount isn’t available when the county connected the park bond money to the Braves funding, which we actually felt that as long as the park bond was paid for first, that wouldn’t be an issue, but they haven’t funded the park bond,” Burke said, referring to the county’s decision to use property taxes to pay for bonds to finance construction of SunTrust Park, the stadium under construction in Cumberland that is set to become the home of the Atlanta Braves next spring.

According to the county, 0.33 mills in property taxes currently pay for outstanding parks bonds, with the last of them to be paid off in 2017 and 2018. The millage will then be shifted to the county’s general fund when the bonds expire to raise an equivalent amount of revenues of $8.67 million. Those monies will be used to pay for bonds to finance SunTrust Park’s construction.

“We can look to future referendums after the board fulfills this mandate the voters have already approved,” Burke said, “but to use the money that the voters approved for the Braves without funding what we voted for is basically misappropriation of funds as far as anybody can see.”

Park Bond and Braves:

• The Park Bond funding issue didn’t start with the Braves.  For years, Cobb citizens were told the $40 million Park Bond referendum voters approved in 2008 could not be funded due to the economy.  
• Over the last 5 years, the 2008 Park Bond properties chosen for purchase by the county as ideal parkland were either under major threat of development or actually lost to developers’ bulldozers.  
• In 2014, citizens noticed the exact Park Bond 2008 funds were being reallocated to another project, specifically the $400 million Braves stadium project, before saving any properties as parkland as intended with the 2008 Park Bond referendum.  
• On the Cobb County Braves FAQ page, it clearly states the Braves stadium financing is using the property tax rates of the issued Park Bonds from 1996, 2007 and 2008. As we know, Park Bond 2008 has not been issued.  According to Cobb’s own documents, the Debt Service property tax rates that fund the Park Bonds are planned to “be shifted”, and “those monies will then be used to pay for bonds to finance SunTrust Park construction.” 

 
Solution:

• The Board can easily fix this twice-promised money situation. The $40 million Park Bond 2008 can be repaid in under 5 years with the current Debt Service rates, before funding the Braves stadium or any other bond.  The Debt Service Fund has always been earmarked for Park Bond and similar bond repayment. 

 
Critical Juncture:
The 2008 Park Bond funding is now at a critical juncture for 3 reasons. 

• First:  Referendums are the highest form of democracy.  Park Bond 2008 is a voter-approved referendum overwhelmingly passed with 67% of the electorate (more than 190,000 Cobb citizens voted for it).  The Board of Commissioners is obligated to fund the $40 million Park Bond Referendum, especially as funding is clearly available.  We know funding is available because the Debt Service Fund property taxes slated for Park Bond repayment are being transferred into a $400 million project for 30 years.  This is why the Cobb Parks Coalition supporters have been speaking at every Board of Commissioners since November 2015, requesting the Board fully fund the Park Bond.
  
  
• Second:  Park Bond 2008 is so important now is many of the 29 properties selected by the Cobb County Citizen Advisory Committee in 2009 have already been developed or are under threat of development.  Those committee members from each district in Cobb volunteered to diligently pinpoint, visit, and select the best properties for parkland.  Unfortunately the Park Bond wasn't funded at all, so many communities lost their selected property to developers.  
  
  One would think Cobb Planning would exclude the Park Bond properties from rezoning consideration until the Park Bond has been funded. But that hasn’t happened. From a search on Google maps it appears at least half the 29 Park Bond properties have already been developed.
  
  
• Third: Cost to taxpayers: Citizens get less parkland for their money as cost of land in Cobb increases.  The same $40 million Park Bond in 2008 will net fewer acres of parkland today.  The sooner the land is purchased, the better the savings will be for all of us.  How much does the Park Bond cost a an average property owner?  About $26/year per average on a $200,000 home, which is a great return on investment to have greenspace. 

 
Cobb's own greenspace initiative:

• Cobb County has 220,824 total acres, so 10% of county land saved as greenspace would be 22,082 acres. 

• According to the 2030 Plan adopted in 2006, Cobb had 13,756 acres of greenspace, and that's below the national standard & below Cobb's goal.

• According to the Parks Department 2016 document, Cobb has 16,452 acres of greenspace (using a different set of criteria than the 2030 Plan), which is low on the national standard & below Cobb's goal.

• Cobb's stated goal in the 2030 Plan is to save at least 10.5% of county land as greenspace, so if Cobb has 16,452 acres of greenspace (according to the 23 January 2016 BoC meeting), then Cobb would need to purchase more than 5,000 acres to achieve their greenspace goal.  If the 2030 Plan numbers were used, Cobb would need to purchase more than 8,000 acres to achieve their greenspace goal.  Either way, many acres in Cobb need to be preserved.

• According to the Georgia Greenspace Program approved in 2000, Georgia's goal is for each county to save 20% of its land as greenspace, which is more than 44,000 acres in Cobb, so Cobb would need to purchase about 27,000 more acres.  
• To give some perspective, Park Bond 2008 would save about 350 acres, & Park Bond 2006 saved almost 400 acres.
• Voters approved Park Bond 2008 by referendum in a landslide 67% victory in 2008, and a selection committee chose 29 properties for purchase. 

 
Saving what is left:  
Several of the remaining beautiful properties from the Park Bond list are under serious threat of development:

• In Commissioner Birrell’s District 3, the 47-acre Bells Ferry property
• in Commissioner Cupid’s District 4, the 23-acre Furr property
• In Commissioner Ott’s District 2, the 54-acre Tritt property
• In Commissioner Weatherford’s District 1, properties around Lake Allatoona to protect Cobb's water source.

Saving parkland will be a positive legacy for the Commissioners, and it appears the Board members can agree on this issue.  

The Board should take swift action to honor the county’s word it would endeavor to save those properties and other properties as parks. The landowners, neighbors and surrounding communities have been patiently waiting for 7 years. ​

[Note from the Cobb Parks Coalition: All Properties Chosen for Purchase in 2009 with Park Bond 2008 Have Been Re-Nominated for Purchase in 2016.]

Article in the MDJ: Final day to suggest parkland is Friday
by Ricky Leroux
 
April 14, 2016
Friday is the final day to nominate properties for the county to purchase using funds from bonds Cobb residents approved in 2008.

Tom Bills, senior project manager for construction for the county’s parks department, said more than 150 properties have been suggested through the county’s online nomination system over a two-month period, though some of the properties were suggested before the system was even up and running.

The properties suggested are from all parts of the county and range from 0.4 acres to “many, many tens of acres,” Bills said.

After the nomination period ends, county staff will contact the property owners to gather information and find out if they are interested in selling. Bills said that data will be presented to the county’s nine-member Recreation Board, which will probably look at the list in May, visit properties over the summer and present a recommendation to the Board of Commissioners in the fall.

Voters initially approved $40 million in bonds, but they were never issued. After property values plummeted in the late 2000s and took tax revenue with them, county officials said repaying the bonds would have required a tax increase.

The county finance director said in January that due to the language of the voter referendum, the county would only be able to issue about $19 million without a tax increase.

For more information or to nominate a property, visit cobbcounty.org and follow the links.
[To nominate a property, visit this link:  https://cobbcounty.org/index.php?option=com_content&view=article&id=4433:nominate-potential-park-properties-for-bond-program&catid=282&Itemid=353]

A group of Cobb County residents are asking commissioners to honor a referendum passed by Cobb voters in 2008.

It was a $40 million bond referendum dedicated to purchasing land to build public parks, but the recession put the bond issue on hold.

The 2008 park bond was never funded, but some residents say they're concerned money meant for parks will be allocated to the new Braves Stadium.

Braves Stadium
Park advocates like Jennifer Burke with the Cobb Parks Coalition said the money from the 2008 park bond that voters approved should be funded and set aside before it might be redirected to any other projects like the new Braves stadium. 

Cobb County Commission Chair Tim Lee explained the decision to shift money from one fund to another was made years ago.

"The board of commissioners back in 2013 agreed to the funding mechanisms associated with the SunTrust Park,” Lee said. “It was also me, Tim Lee, who introduced the agenda item and led the initiative to reconsider the issuance of these greenspace bonds." 

Lee said Cobb County Commissioners approved the transfer of debt service funds, which are funded by property taxes, to the county’s general fund in 2017 after its debt service fund expires. A portion of the debt service fund was approved to pay for the new Braves stadium at SunTrust Park in November 2013.  About $9 million is expected to be raised from the shift to the general fund to finance SunTrust Park construction.
“Our decision to move forward with the SunTrust Park partnership was never a choice between the Atlanta Braves and Cobb County parks,” Lee wrote in hisJanuary newsletter. “The only objective was to make sure that we maximized all available resources to ensure a smart investment that would result in the best outcome for Cobb County now, and far into the future.”

How Much Money Is Left?
The Cobb Parks Coalition said they are grateful for the new effort to fund the $40 million bond and add public parks, but another point of contention is how much money remains.

Because the 2008 park bond was not funded after voters approved it, Cobb County attorney Deborah Dance said the $40 million park bond can’t be extended for the seven-year delay.

“The referendum that was passed by voters stated specifically that the $40 million was to be paid in predefined increments, as outlined in the actual referendum, over a period of 14 years,” Lee said. “As each year goes by, those increments expire. Therefore, the full $40 million is no longer available.”

But Burke said since the Cobb County Board of Commissioners chose not to fund the 2008 Park Bond, it changed the terms and conditions.

“There was a timeline set for the park bond to be repaid in 15 years. But in 2009, the Board of Commissioners decided not to start paying the park bond,” Burke said. “When they did that, we would argue, the funding must be reset, because referendums are binding.”

She said the county can easily refinance the bond for the full $40 million at a lower rate and is “obligated to fully fund voter-approved referendums as intended.”

“Other court cases around the country support the democratic right of direct referendum funding, and certainly before moving earmarked money for any other project,” Burke said.

Remaining Land
In late January, Cobb County Commission Chairman Tim Lee called for the original list of 29 properties that the county wanted to purchase in 2008 to be reviewed and to look for new land in flood plains.

“We're 100 percent in agreement, myself and the greenspace folks, that we need to go forward and issue as much bonds as we possibly can through the bond referendum," Lee said. “I also have made a commitment and will steer the project to try to find out whatever the [difference] is that we can't fund through the bonds, that we look for that in alternative sources up to the $40 million amount.”

The Cobb Park Coalition's website lists at least a dozen of those properties as having been sold or developed.

Greenspace
Cobb County is above the national median of 13.1 acres of parkland available per 1,000 residents with 23 acres, according to the National Park and Recreation Association.

“We have a lot of greenspace,” Lee said. “Quality of life is important to Cobb and the protection of any greenspace that might be water quality enhancements such as flood plains and we aggressively do that.”

Currently, about 7 percent of the county is listed as parkland. In 2000, the county joined the Georgia Greenspace Program and in November 2000, the Cobb Board of Commissioners adopted the goal “to permanently protect 20 percent of the total county area as greenspace."

Property Tax Increases
Commissioner Lee and park advocate Burke agree on the need for greenspace, but Lee said he won't support a proposal that leads to property tax increases.

“There’s actually no tax increase because right now there’s so much millage available in the debt service fund, and that would pay for Park Bond 2008 in fewer than five years to pay down this 15-year bond,” Burke said. “However, if they move that millage into the Braves, that’s when they’re saying, there needs to be a tax increase.”

Paul Paulson is founder of the Cobb Parks Coalition. He worked with then-Cobb County Commission Chairman Sam Olens, who is now the state's attorney general, to write the language of the 2008 Park Bond referendum.

He said a sentence saying the bond would only be issued under the condition that it would result in no property tax increases was left out on purpose.

“When we first made the referendum, I wanted to put that on the ballot,” Paulson said. “But Sam said to leave it out because some future commission may have to raise taxes. It was never an official position of the county.”

Paulson said during the entire campaign, there was never a promise saying property taxes would not be raised. Olens did say he personally wouldn’t support the bond if there was an increase in taxes.

In 2008, Paulson said the county’s public safety and fire fund was running at a surplus. This fund was expected to finance the 2008 park bond, but county officials later realized three cities in Cobb County were not paying into the county’s fire fund.

“Sam said that he wouldn't support if there had to be a tax increase, and it was political for Sam,” Paulson said. “Midway through campaign it was revealed there would be tax increases because three cities have their own fire fund, and Olens didn't say 'I can't support this anymore.'”  
​
Paulson said the recession ultimately put it on hold and that voters approved possible tax increases in 2008 when they voted to approve the park bond. 

Listen to the WABE story here: Cobb Residents Push For Park Funding Before Braves Stadium

(Letter to the editor in the Marietta Daily Journal)
Cobb’s need for greenspace critical
DEAR EDITOR:

The unceasing and significant need for land and green space for Cobb County parks has reached the point where it is critical and needs to be addressed. It’s urgent that Cobb County take immediate steps to explore and examine any and all plausible procedures to continually locate and procure suitable land every year for Cobb County parks. The present method of holding bond referendums to fund the purchase of land is too costly, too time consuming and slow moving. It may also be too political.

Because the county didn’t purchase (1) acre of land for parks since 2008, we are now in a very dangerous situation. Presently, there are now fewer acres available for purchase and the price per acre has significantly increased since 2008. So what can and should be done?

First of all, there has to be a commitment by everyone and every county department head that is involved, including any county boards or commissions, to solve and fix this problem as soon as possible for obvious reasons. Available land is rapidly vanishing while every type of development is picking up speed. We all know that land isn’t made anymore and you can’t buy any at Home Depot. In fact, if we don’t take some corrective action as soon as possible, Cobb County will be nothing but homes, apartments, shopping centers, office buildings, schools, government buildings, churches, entertainment centers and grid-locked roads. Oops, I almost forgot, and a major league baseball stadium.

This is a challenge that can be addressed and overcome. Let’s put our heads together and find a solution ASAP.

Topics for discussion:

County population and density versus acres for parks.

Available acres needed per 10K of population for park land.

Budgeting and funding solutions.

How to obtain and use the 2008 remaining referendum money?

Land purchasing process and related issues.

Zoning and county code concerns.

Definition of Cobb County Parks?

County Legal approval.

Joe O’Connor
Marietta

Read more:  The Marietta Daily Journal - Cobb s need for greenspace critical

Our understanding is these open houses are to nominate property for consideration on the 2008 Park Bond.  You can also use this form to nominate a property.  We continue to press for the $40 million Park Bond 2008 referendum to be fully funded.

DEAR EDITOR:

My name is Jody Furr. My mother, Glenda Furr, applied in 2008 for our old family home place to be considered for the 2008 Cobb Parks Bond land for purchase. It is the Lewis A Furr trust property at 4570 Old Westside Road Austell. It is 14.6 acres with a lake in the valley. It has been in the Furr family since 1933, purchased by my grandfather, Grady Furr, in 1933. He ran the Furr Grocery Store in downtown Powder Springs from the ’40s to late ’60s. Some of the land was used for the Food for Freedom program through the US government to supply food, both vegetables and pork, for the war effort during World War II. My grandfather, Grady Furr, also bought and donated some separate land for the very first fire station in Powder Springs; and he built the fire station after someone lost their life due to a fire in Powder Springs. There was no fire station at the time. He and my grandmother, Elsie Furr, loved the Powder Springs/Austell community and gave back to it throughout the years. My uncle, Frank Furr, was also mayor of Powder Springs in the 1950s. My father, Lewis Furr, inherited the land when my grandmother passed in 1997. He had a talk with me right before he passed away in 2006 about wanting his land to stay like it was forever, to not be developed into a subdivision.

My mother, Glenda Furr, also felt strongly about the land staying as it was and not being developed. She was very happy to learn for a way for our land to be saved from development — the 2008 Cobb Parks Bond. That is why she applied our property for the 2008 Cobb Park Bond. She called me when the land nominating committee left and was so happy that they seemed to like the property and what she said about its history. She put so much thought into how Cobb County could use the land; she even suggested that maybe Cobb County could let veterans, especially those with PTSD, fish at the lake to help their anxiety. She got the letter in the mail saying that they had nominated it in the final list of properties for the 2008 Cobb Parks Bond. She was so happy that day. We all thought that it would possibly be preserved forever as greenspace.

Then, the economy went bad, and she was told that the park bond had been put on hold. Unfortunately, my mother, Glenda Furr, died of a massive stroke at age 70 in the fall of 2012. Now, we have a chance at making my grandparent’s and parent’s wishes come true. Our family hopes that our land can be saved as greenspace. We ask you to please vote to fully fund the 2008 parks bond and purchase our property since it was on the original list of nominated properties and is still available.

Thank you for your time and consideration,

Jody Furr

Austell

Published in the The Marietta Daily Journal ​on January 26, 2016

​

#1.  Park Bond 2008 Funding Goes Directly into Braves Ballpark Funding:

Here is the Cobb County Atlanta Braves SunTrust Park FAQ Page explaining how the Braves stadium funding uses Park Bond money, but note Park Bond 2008 has not yet been funded.  That is the key issue.

• Will my property taxes be used to pay for this (the new Braves stadium)?
  Currently .33 mills of your property taxes pay for the parks bonds that were issued in 1996, 2007 and 2008. The last of those bonds will be paid off in 2017 and 2018. The millage will then be shifted to the General Fund when these bonds expire to raise an equivalent amount of revenues of $8.67 million. Those monies will then be used to pay for bonds to finance SunTrust Park construction. The average amount of .33 mills per household is $26 per year and this shift of funding will not impact other government services such as police, libraries, parks and other services. From Cobb County Atlanta Braves SunTrust Park FAQ Page

The $40 million Park Bond 2008 can easily be funded before moving the money into the Braves stadium. 

#2. The Board Claims Park Bond Funding Time Has Run Out, When the Board Set the Clock:

Chairman Lee claims Park Bond 2008 cannot be fully funded with the entire $40 million as voters approved, even though it was the Cobb County Board of Commissioners that decided 7 years ago not to fund the Park Bond 2008 Referendum.  67% of Cobb voters approved the 2008 Park Bond Referendum. Now Chairman Lee wants to say the Park Bond has "run out" of funding, despite the fact that it was the Board that decided not to fund it in 2009! 

Clearly, if the Board can change the Park Bond by not issuing it, the Board can change the Park Bond repayment timeline and fully fund it now, as voters decided by Referendum vote in 2008.  The Park Bond amount must honor the original vote for $40 million, not some arbitrary amount, especially now when the Board is moving the Park Bond money for another project, in this case the Braves stadium.
 

#3. The Board Should Prevent Further Loss of Cobb Property, History & Family Legacies:

Of the 29 properties selected for purchase around Cobb County, many have already been developed.  Waiting another second before funding this Park Bond would be irresponsible.  Many landowners on the 2009 list have lived in Cobb County for generations, and streets, neighborhoods and schools have been named for them. These philanthropists and pillars of society have been waiting to save their land for the community and greater good for years.   Many historical homes, barns, and farmland and the stories they contain will continue to be lost if the 2008 Park Bond is not fully funded now. 

According to the Chairman's plan, January 26 will set in motion at least a 10-month review process before making any true funding decisions.  ​If the Park Bond is not funded before May 2016, the Chairman's Park Bond efforts would appear like an election year scheme.      

After waiting more than 7 years to donate their land for a park, many families sold their beautiful perfectly located properties.  Don't let another property disappear. Let the Board know, it's time to fund the Park Bond now.  
 

#4. How the Board Can Authorize Park Bond Repayment in Just 4 years & No Tax Increase:  

Funding Park Bond 2008 requires no tax increase, because more than enough millage currently exists in the long-standing Debt Service Fund to repay Park Bond 2008 in just 4 years time, well within the original 2023 time frame.
 
In November 2013, the original Braves stadium plan took all Park Bond money (.33 millage), but then at the 2-year anniversary of the Braves announcement in November 2015, Chairman Lee said only .23 will be required for the Braves stadium financing, leaving .1 available for Park Bond 2008. 

Note that the entire .33 millage belongs to the Debt Service Fund, which has always been earmarked for Park Bond payments. 
​
If the full .33 were applied, it would only take 4 years to repay Park Bond 2008.  If just the .1 were applied (after shifting the other .23 to the Braves), it would take about 13 years.  The original Park Bond 2008 was planned for 15-year repayment terms.  Either scenario (.1 millage or .33 millage) should be funded now.  

• The Board could use the full .33 millage earmarked for 4 years:  
  .33 millage x 4 years = 9+ million x 4 years = $40 million 
  
  OR
  
  
• The Board could use the remaining .1 millage for 13 years:  
  .1 millage x 13 years = 3+ million x 13 years = $40 million  
  
  

However, Chairman Lee has said the Bonds will expire at 2023, so only $19 million or less than 1/2 the $40 million Park Bond 2008 amount would be available, even though it was the Board that decided not to fund the Park Bond in 2009!
  
​
#5. Georgia Supreme Court Precedent:  Voter Referendums Must Be Funded
 
Voter Referendums are binding in democracies.  While we recognize that the Cobb County Commission has broad discretion to exercise control over public property and to conduct county affairs, Commissions do not have the legal authority to divert funds or ignore a referendum passed by a majority of the Cobb county voters. 
 
In a recent Georgia Supreme court case, the court found that SPLOST funds allocated for “recreational facilities and multi-purpose governmental facilities” were being diverted by Floyd County Commissioners to other projects. The court held that the “Board is not authorized to use proceeds from the SPLOST tax for a purpose entirely different from that contained in the SPLOST budget and account reports.” The court held that the Commission was bound by the projects listed unless they became “infeasible.”  The Supreme Court stated that “infeasible” could not be used by the Commission as an excuse to divert the funds to what they considered to be a better project or away from a project they no longer supported. The Court held that even if the project was considered to be “infeasible” it would be an abuse of discretion for the Commission to abandon the project altogether.
 
This is an indication that the Georgia Supreme Court looks unfavorably toward Commissions who use “infeasible” as an excuse to divert funds to promote their own public interests or to not act on a referendum altogether.  Therefore, the Commissioners have a fiduciary duty to the people of Cobb County to fund the $40 million mandated by a majority of the voters to buy land for future parks as stated in the 2008 Park Bond Referendum.