County, Cities Settle SDS Dispute

Following a flurry of called city council meetings, Gwinnett mayors gathered at the in Lawrenceville Tuesday (Feb. 7) evening and signed agreements settling the service delivery strategy dispute between the county and cities.

The Gwinnett Board of Commissioners approved the agreement giving the cities about $28 million in the settlement after adding it as an agenda item during their regular Tuesday afternoon business meeting. Lilburn will receive less.

Under terms of the agreement, Gwinnett would make a $5.1-million one-time payment to the cities (excluding Lilburn) and pay $1.5 million yearly through 2018 to the cities (excluding Lilburn). Lilburn would get a $413,000 one time payment, and $120,000 yearly for seven years.

Gwinnett Commission Chairman Charlotte Nash said 2012 tax rates will not be affected by the settlement. "We think it's good for everyone," she said.

Nancy Harris, Duluth's mayor and Gwinnett Muncipal Association president, announced in a press release issued by the GwMA at 7 p.m. that 14 GwMA cities had agreed on a proposed settlement with Gwinnett County in the dispute over the provision and taxation of services that will end several years of litigation.

“An agreement has been reached,” Norcross Mayor Bucky Johnson said in the press release. “The parties have worked continuously since the court’s final ruling in October 2011 by addressing the county’s unique budgeting and service provision issues. The court provided clarity to the parties that allowed us to resolve these differences. In the last two weeks, both sides have come together to address the remaining tax equity and service issue disputes.” 

“All of our Gwinnett mayors, key city officials and staff worked hard through mediation, trial proceedings and final negotiations,” Harris added.

The SDS conflict dates to 2009 when the county sued cities in the Gwinnett Municipal Association (GwMA). At issue was whether the cities should pay the county for services they do not use, such as police.

Enotah Judicial Circuit Court Judge David Barrett issued a ruling last fall that strongly favored the cities in the dispute and ordered Gwinnett County officials to set up a special district to administer police and other functions. The settlement still has to be approved by Judge Barrett. Payments would begin in May if the judge approves.

Prior to the signing ceremony Nash, who became involved in resolving the issue after being elected Gwinnett Commission chairman last March, thanked everyone who participated in the process. The old courthouse was a fitting site for the signing ceremony because it represented the days when the county and cities got along and cooperated, and worked together, she said.

“I’d like to say a county the size of Gwinnett that has 15 soon-to-be 16 cities in it -- if that group of folks puts their mind to it and are pulling in the same direction, I don’t think there’s anybody that can lick us,” Nash said. “And I think that’s what we all want -- to  use our energy and resources to better all our communities. ’Cause what’s good for the county is good for the cities and vice versa. We depend on each other.”

She singled out Mayor Harris, Mayor Johnson and Auburn Mayor Linda Blechinger for special recognition. Johnson and Bleckinger were involved since Nash entered the situation last March, Nash said, and Harris was “in the midst of it as we tried to pull it together here at the finish.” The three mayors “put in countless hours,” she said.

Nash invited Harris to speak. “Yes, I would like to -- on behalf of the Gwinnett Municipal Association -- say that we’re all feeling in this room a great sense of accomplishment, would you say?” (Applause) “And I think that we all see now how cooperation and teamwork is the best way to deal with our issues and to move forward,” Harris said.

“So we would like to say as mayors that we are excited about our future. We’re looking forward to continuing our strong relationship with the county. We feel like 16 strong cities help to make this a stronger county. So we thank you, Charlotte, for working with us,” she said.

Nash also commended Gwinnett Commissioners Lynette Howard and John Heard for the fresh perspective they brought to the discussions after taking office last January and their consistent support for resolving the SDS issue.

Until the dispute was settled, Gwinnett Police and police departments in several Gwinnett cities weren’t able to use radar guns or laser to track speeders. Duluth officials estimated this had cost the city $1 million in revenue.

City officials will have to reapply to the state for Most Favored Cities status to reacquire the ability to use radar and laser, as well as receive state loans and grants. That can't happen until the judge formally approves the SDS deal.

Editor's note: Patch Editors Steve Burns, Vanzetta Evans, Sharon Swanepoel, Joy Woodson, Theresa Waldrop, and Faye Edmundson contributed to this report.