About The Islander. (St. Simons Island, Ga.) 1972-current | View Entire Issue (Oct. 28, 2019)
Oversight committee Continued from Page 12 installing the Splash pad in Mary Ross Park. The Liberty Park restroom installa tion is delayed because salvage efforts for the capsized Golden Ray are being staged in the park. The splash pad installation, origi nally scheduled after CoastFest, may be delayed until after the Brunswick Stewbilee in January. City Manager Jim Drmnm said the L St. project is still moving forward after a hold up due to line repairs by Atlanta Gas Light Co. Drumm said it is a complex project with drainage being replaced along with water lines and replacing a lot of sidewalks. “This is a major project,” said Drmnm, “it’s not just a repaving project.” Scarlett Williams suit Continued from Page 1 The filing states that throughout the seven years of litigation (the first law suit was filed against the comity in 2012), counsel has not received any payment. On October 7 the county released a notice of a $17.5 million preliminary settlement amount. Roberts notes in the most recent filing that the $7 mil lion attorney’s fee is 40% of the $17.5 million but that the fee represents less than 17.25% of the total class relief. The total class relief is equal to the Aggregate Refund Fund of $17,500,000 plus $23,500,000 which is the net pres ent value of the average annual refund owed by the county for 2010 to 2018 based on the incorrect application of the (Scarlett Williams) exemption, cal culated at $1,859,824 annually times 18 years, discounted at 3.99% bringing the total future benefit to the class of $23,500,000. Add that to the Aggregate Refund Fund and the total is $41 million. The filing states, “Given that the Comity would not have changed its policy and would have continued to use the incorrect base year in perpetuity in the absence of this litigation, the value of the future relief is likely much great er than the $23,500,000.” The court is also asked to approve $350,000 for the class representatives “for their work in this litigation, most significantly being the identification of the issue concerning the County’s incorrect application of the exemption and thereafter instituting and diligent ly pursuing this litigation on behalf of the class members for over seven years. The service payment represents only 2% of the Aggregate Refund Fund and less than 0.9% of the total class relief.” Background In 2012 a class action law suit, with the Colemans serving as class repre sentatives, was initiated against Glynn Comity after the Colemans had tried unsuccessfully for two years to chal lenge the application of the Scarlett Williams property tax exemption. Two more lawsuits were filed in 2013 and 2014 and the three lawsuits were certified as a class action lawsuit in 2015. riiiimrrm (MM tmiiiirrrn Gdurmet Duck Soup The Four Marx Brothers - Groucho, Chico, Harpo and Zeppo in the zany 1933 comedy of politics and war directed by Leo McCary. Thursday November 14, 2019 6:30 pm Historic Ritz Theatre Downtown Brunswick Tickets $ 18/person 912-262-6934 or online at www.goldenislesarts.org Enjoy this classic film, a talk about what makes it a “must see” and delicious food from Indigo Coastal Shanty. Tickets for food & film must be purchased by midnight 11/11/19 Tickets for talk & film $7/person at the door golden isles arts & humanities At the end of the SCOC meeting there was some disagreement on when to hold their next meeting. Member Ronnie Perry asked if they should meet every 90 days. Fraser felt they should meet once a month until the end of the year. “There are a lot of people listening to what we do,” said Fraser. After some discussion, the group voted to skip November and December October 28, 2019, The Islander, Page 13 meetings and meet on January 22. After the vote, Fraser said, “Are we okay with waiting three months on the Animal Control shelter?” Member Phillip Graitcer said, “The Animal Control shelter is in the County Commission’s hands.” Fraser said, “The Comity Commis sion says it’s in Dave Austin’s hands.” Another member suggested the SCOC meet with the county commission. In 2017 Cobb County Superior Court Judge G. Grant Brantley cleared the county of any charges. In 2018 the Court of Appeals found that the comity did not properly apply the exemption. That court also deter mined that the earliest year that the lawsuit members could seek a refund was 2010. After this ruling the class filed pe titions for review with the Supreme Court of Georgia which were denied. This sent the case back to Glynn County Superior Court to calculate the refund. Glynn County then filed a motion to decertify the class which if granted would mean that each class member (estimated at 12,400 taxpayers) would have to file separate lawsuits to obtain a refund. According to the most recent court filing, three mediation sessions were held with Patrick T. O’Connor, a regis tered mediator. Negotiations and discussions have continued for over a year and a settle ment was reached in the proposed consent judgement executed on Oct. 4, 2019. According to the most recent filing, if the settlement is finally approved by the court, it will result in a total class benefit in excess of $41 million. The proposed class action settlement statement released October 7 by the county states: “The Court, however, has not decided on an amount of damages owed to the class based on the improper application of the exemption. “Instead, both sides agreed to an ag gregate settlement amount and a pro cess by which the individual class mem ber’s refunds would be calculated and refunds paid and claimed under certain circumstances. “The Settlement avoids the cost and risk of a trial on the damages and re lated appeals, while providing benefits to members of the Class (the “Class Members”). “The “Class Representatives” ap pointed to represent the Class and the attorneys for the Class think that the Settlement is best for all Class Members.” A final hearing is scheduled for No vember 8 in Glynn County Superior Court. New from the Fancy Food Show Sicilian Basil Pesto Made with Cosacavaddu cheese, Sicilian Almonds and Sicilian Pistachios. The texture is creamy and the crunchy almonds and pistachos give it a nice contrast. Great for bruschetta and pasta such as trofie, penne, or fusilli caserecce. 912.638.9545 2465 Demere Road St. Simons Island, GA
