Did anyone really believe the Lenoir City council
wouldn't vote for mayor Tony Aikens push to stop providing the state law
required paperwork for the Adequate Schools Facilities Tax, ASFT? Of
course not. Staying true to form, the council
voted unanimously for Aikens proposal. Councilmen Eddie Simpson and Jim
Shields were absent. However, Aikens said he had somebody poll the two
absent councilmen and they said they were OK with whatever the council
voted for.
Aikens invited Lenoir City School Board Chairman,
Matthew Coleman, to speak before the vote. According to Coleman, not
only should Lenoir City schools not lose the 2.5%, he said Lenoir City
should be receiving 30% of the ASFT. Aikens gave his opinion. No other
discussions took place before the vote. I think we can see the writing
on the wall. If the county gives back the 2.5% demanded by Aikens, guess
the next time, if we don't give them the 30% they'll just hold the
paperwork again. Kind of smacks as government extortion. Give us what we
want or else. Or maybe more appropriate, when the kid on the playground
says, if you don't play by my rules, I'll take my ball and go home.
Councilman James Brandon made the motion with
Councilman Mike Henline making the second. The other two councilpersons,
Jennifer Wampler, Buddy Hines voted yes. Not sure how they knew the
details of the issue since there had been no workshop on the matter
before they voted. Surely, no one violated the Sunshine Law by
discussing it before the meeting.
Days before Monday's vote to give the mayor the
authority to direct a city employee to violate state law, Aikens had
already taken it on himself to direct that same official to withhold
June's paperwork from the county. If he could make that order without
the council's support, why was the vote even necessary?
I do agree with one statement Aikens made, he said
when two governments sue each other, the tax payers lose. Hopefully a
lawsuit will not be necessary. The city is not violating county law,
they're violating state law. I'll share again.
TCA 67-4-2910. Collection of tax.
(a) Any
tax levied pursuant to this part shall be collected in
the following manner:
(1) At
the time of application for a building permit for
residential development, the municipal or county
official issuing the permit shall compute the estimated
tax liability for the county school facilities privilege
tax, based upon the proposed square footage of the
facility to be built and the current rate of the
county's school facilities privilege tax. As a condition
of receiving the permit, the applicant shall sign a form
indicating that the applicant recognizes the liability
for the tax. The official shall keep one (1) copy of the
form for the official's records and shall provide a copy
to the applicant.
If the permit is issued by a municipal building
official, the official shall also
forward a copy of the form within thirty (30) days of
the issuance of the building permit to the county
official or employee who has been designated by the
county legislative body to collect the tax.
It should be the state comptroller
or the state's attorney general who addresses state law violations by
city officials. Not sure what the next step will be, but the issue will
be discussed at the next county workshop.
In all this lofty discussion by
all the city officials the one thing was missing,
no one has ever mentioned the
needs of the county school system. Apparently, county officials are
suppose to be more concerned about the city school system than the
county school system. |