Questions & Answers updated 8/6/2009
Lawsuit by the City of Johns Creek
vs. Autrey Mill Nature Preserve Association
After you have read the information below, we hope you will challenge the City to change course and voice your support for Autrey Mill's non-profit board. (see how to help - including an online petition).
Yes. On March 11, 2009, the City of Johns Creek, Georgia took the extraordinary step of suing a non-profit corporation operated by a volunteer Board of Directors. The lawsuit entered the next stage on April 14th when the City served the lawsuit on the AMNP board. Currently, attorneys for the City and AMNP are preparing legal papers for consideration by the Fulton County Superior Court judge assigned this case.
The City’s lawsuit seeks to invalidate the long-term lease between Fulton County and AMNP first entered in March 1993 and amended and extended in July 2006 (“Lease”). The Lease gives AMNP the right and duty to operate the Nature Preserve and Heritage Center and forms the basis for us to attract grants and donations, to develop long term plans and to implement major projects such as the recent restoration of our historic buildings. The City also demands unspecified money payments from AMNP for allegedly breaching the Lease, which the same petition seeks to invalidate. Moreover, the lawsuit seeks control over the historic artifacts and heirlooms that have been donated to AMNP over the years thus threatening the legal protection afforded such donations by Georgia law.
No. That would not be possible since the City has never provided operating funds to support AMNP programs, staff or operations.
Frankly, we have no idea. The City has not communicated to the AMNP Board (or anyone else to our knowledge) how Autrey Mill would change if it wins the lawsuit. With the profound economic challenges we are all facing, the last thing we expected is that the City of Johns Creek would take taxpayer dollars to pay its lawyers to sue a non-profit volunteer Board before attempting to negotiate or mediate any differences between us.
We hope not and don’t think so. In 2007 the Mayor’s Ball raised $25,000 of donations for Autrey Mill from invited guests. Within the past few months, the City has said, “the park is truly one of the city’s greatest natural assets, preserving a slice of rural life that characterized the community a hundred years ago.” Moreover, AMNP has operated and maintained the property and offered these valuable recreational and educational services without cost to the taxpayers – beyond the modest expense the City pays under the Lease for trash collection, utilities and limited maintenance. According to the City, its cost to honor the Lease with AMNP is approximately $38,000 per year. All of the rest of the operating funds are raised by AMNP. In comparison, a budget prepared for the City transition committee to operate Autrey Mill without AMNP volunteers indicated operating costs in excess of $300,000 per year.
No, we were totally shocked. Representatives of the Association Board had developed an agreement in principle with representatives of the City during a series of meetings last summer, which at the request of the City were held without lawyers present. Six months later, the Association Board found out about this lawsuit from a reporter at the Atlanta Journal-Constitution. The City never told the Association that we had reached an impasse in our negotiations and never warned us that they were bringing this lawsuit.
At the end of the August 19, 2008 meeting between City and AMNP representatives, the City Manager indicated that our agreement in principle would be developed into a proposed operating agreement by the City Attorney’s office. We received from the City a draft operating agreement in early November.
No. Unfortunately, the document that emerged from the City Attorney’s office bore little resemblance to the understandings we had reached ten weeks earlier. Even though the City exerted strong pressure on the Association Board to execute the contract immediately, we conducted a legal review and found that the City’s proposed agreement would nullify our long-term lease and place the non-profit operations of AMNP under the control of the City government.
In mid-December, we prepared and returned to the City a redline version of a revised draft operating agreement that more nearly reflected our understanding by removing many of the extraneous provisions added by the City Attorney’s office.
None. We have never received written comments. The City Attorney’s office never contacted our attorney and the City representatives have not met with AMNP representatives. The first official communication we have from the City government on this matter this year is the lawsuit trying to quash the lease and crush the Association.
That charge is not true. AMNP provided the City in advance with detailed information on the historic restoration projects and environmental infrastructure improvements we completed last year. Regarding our programming activities, we offered to supply the City monthly information about all such activities at Autrey Mill. The City declined our offer saying they would not know what to do with such information.
Not true. The one and only time the City asked to use a building at Autrey Mill was in November 2008 for a “Breakfast with Santa” program. The City was offered use of the Autrey Mill education building or program barn, a photograph of which appears on the City’s website. However, the City refused insisting that the Breakfast with Santa occur in the 1892 Summerour House. As a matter of policy, the Association discontinued using the historic Summerour House for its children’s programs involving food and/or crafts to protect the valuable artwork and antiques from damage. Under pressure from the City, the Association agreed to waive its policy and accommodate the event in the City’s preferred location. Since the date initially requested by the City conflicted with a previously scheduled event, the parties set a new date one week later. Members of the Association board did all the cleaning both before and after the Breakfast with Santa event and AMNP stocked all of the paper products. The City sent only two people to conduct this major children’s event. As a result, volunteers from the AMNP Board were needed to staff the event. We also took the publicity photographs for the City.
Afraid not. The City charged the public $20.00 for Breakfast with Santa, but AMNP did not get out of pocket expenses reimbursed. We were disappointed that the City did not thank us or even acknowledge our cooperation.
There is a small one room apartment. For years AMNP has had an on-site caretaker. We have 46 acres of mostly woodlands where illegal activities have been known to occur. Our buildings are far from the main road and require more security than police patrols have been able to provide. Moreover, we host live animals that require care and feeding. The caretaker walks the trails daily, opens and closes the gate and will notify the police in the event of an incident. We believe AMNP has an obligation to protect the live animals, historic buildings and protect our neighbors from nuisance activities by having a resident caretaker.
The Association intends to defend vigorously our reputation and to continue the good work we have done during the past two decades. We are committed to protecting and preserving the trail network we have developed and the historic buildings we have restored.
No. AMNP is committed to continuing our popular summer camps, heritage program, classes and community events. Although this is a most unwelcome distraction and a terrible financial burden, we are confident that AMNP has sufficient resources to defend from seizure by the City what we have created at Autrey Mill. We intend to continue serving our community, particularly our students and scouts.
No. The City has praised our work in this area. Recently, the City has gone on record saying “the Association’s efforts during the past two decades have been indispensable to the preservation of historic buildings that were in danger of being lost to future generations.”
The City has never expressed concern that AMNP would change its mission and promote inappropriate development of the 46 acres under the lease. Moreover, AMNP and Fulton County created a conservation easement that protects in perpetuity most of the property and, as trustee under the conservation easement, the Association has a legal obligation to protect and preserve the Autrey Mill property.
In an official document, the City has recently stated, “the Association’s vision and efforts, coupled with the aid of donations and state and local funding, have led to the creation and assemblage of the Autrey Mill Heritage Village.” In our discussions with City officials, we have never heard them question the capacity or effectiveness of the Association.
If so, they are overlooking the fact that AMNP serves thousands of Johns Creek citizens and residents of our neighboring communities with a trail network, nature and heritage programs and a rare and precious place to find quiet enjoyment in the midst of our bustling world. What’s more, there is no indication that the City plans to stop spending taxpayer money at Autrey Mill. Rather, the City appears poised to substitute government bureaucracy for volunteer sweat equity.
We don’t think so and believe the record is quite clear that the Association has created enormous value with minimum cost to the Johns Creek taxpayers by leveraging grants, attracting donations, enlisting thousands of hours of volunteer labor and delivering services in a remarkably efficient manner.
No. The City recently stated, “during the past two decades the Association has been a tremendous resource for environmental, cultural, and historical education.”
We don’t think so. The Mayor has described the Autrey Mill Nature Preserve as the new City’s “crown jewel” and the City has officially said “that the fact that this icon [Autrey Mill] remains part of the community is a tribute to hard work by a committed group of volunteers, led by the Autrey Mill Nature Preserve Association, which preserved the property, built the trails and assembled the collection of buildings dating back to the 19th century for current and future generations to experience.”
This type of arrangement is common since volunteer organizations have generally been successful in protecting and preserving open space and historic properties and developing/delivering programs for the community. These arrangements typically involve the non-profit renting its facilities from time to time as a way to raise operating funds. Examples of public/private partnerships involving long-term leases abound.
We have tried, but have not received cooperation from the City to allow properly licensed caterers to serve alcohol under strict rules at events such as weddings, anniversary parties, receptions, etc.
AMNP remains the Trustee under the Conservation Easement and has a continuing duty to protect from development and inappropriate use the woodlands, wetlands, water courses and open green space.
This case could create a precedent that puts at risk many long-term leases between non-profits and local governments in Georgia.
Absolutely. In fact in the introduction to the proposed Operating Agreement discussed above, the City stated very well the sentiments of the Association Board when it wrote: “WHEREAS, the City of Johns Creek is pleased and proud to work together with the Association and help build upon the legacy they have created, strengthening and enhancing the Association’s efforts.” To the deep regret of the Association, the rest of the proposed Operating Agreement failed to follow these good words and instead would have rescinded the lease and made it impossible for AMNP to operate independently and effectively.
We want to be able to return our focus to our mission instead of dissipating the energy and resources of our volunteer Board in a counterproductive battle with a City government that has been sending us mixed messages. AMNP has asked only for good faith negotiations with the City and we are still waiting for the City to redeem its eloquent words in the draft Operating Agreement with matching deeds. “WHEREAS by working together with the City, the Association will achieve its vision and fulfill the Nature Preserve and Heritage Center’s full potential through a mutually beneficial relationship . . .”. We couldn’t have said it any better.
Community advocacy can be very powerful. Please contact the Mayor and City Council questioning this action and supporting cooperation for the betterment and long-term viability of the Autrey Mill Nature Preserve & Heritage Center. We hope you will use one or more of these following options to have your voice heard:
|
|
Other methods of advocacy include writing letters to the editor of the local newspapers and speaking during the community input portion of City Council meetings.