At Monday's commission
workshop, the item that seemed to generate the most interest was the
discussion of Lenoir City officials decision to violate state law by
withholding the required paperwork to process the Adequate Schools
Facility Tax (ASFT).
On hand for the meeting was
Lenoir City Mayor Tony Aikens, Lenoir City Director of Schools, Jennie
Barker, her finance director, Lenoir City School Board Chairman, Matthew
Coleman, and Lenoir City Administrator, Amber Scott. This same group
also attended the budget committee meeting earlier in the day. Ms.
Barker gave a linty of reasons that she felt commission should take
funding from the Loudon County schools and give it to the Lenoir City
schools. During the budget meeting, we learned a number of things
we didn't know and had things confirmed we did know.
What we learned:
Lenoir City schools closed out
the 2020 school year with $10,995,827.00 in their fund balance. We also
learned that they had moved $3,000,000.00 into their capitol projects
fund to cover a number of projects they plan to complete in the new
school year. One of those projects is to install artificial turf on the
football field and the baseball field at the projected cost of
$877,000.00.
We also learned that the county
schools did in fact lose $400,000.00 to the city schools. In the past I
reported this but used the wrong acronym. Instead of the BEP, it was the
WFTEADA. My mistake. No idea what that stands for other than county
schools lost $400,000.00.
Lenoir City does not contribute
any of their local funding with Loudon County schools.
For fifteen years, Lenoir City
schools have possibly been in violation of state law by incorrectly
depositing the ASFT donated to them by the county. Under the law, ASFT
funds can only be used for capitol projects of education debt. Since
2007, they have just been depositing the ASFT funds in their general
fund. Ms. Barker said they would make that correction.
67-4-2911. Remittance of taxes collected.
The taxes collected pursuant to this part shall be
remitted by the collector to the county or
metropolitan government trustee, who shall place the
tax proceeds in the fund or funds designated by the
governing body, but the tax proceeds shall be
used exclusively for the purpose of funding capital
expenditures for education, including the retirement
of bonded indebtedness, the need for which is
reasonably related to population growth.
Lenoir City government is still
in violation of state law by withholding documents from the county
trustee's office for collection of the ASFT.
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.
Even though Lenoir City
mayor/council just raised property taxes by 14 cents in the city, the
schools did not receive any additional funding from the property tax
hike.
Maybe the biggest thing I learned
personally was, apparently all the city officials who spoke are avid
readers of vanshaver.com. They made a number of references to my
articles.
Monday's meeting was just a
workshop, no vote was taken on the ASFT. The voting meeting will be
August 2nd. The question of the ASFT will be on the agenda.
Commissioners will have the opportunity at that time to offer motions,
if they want, to take ASFT funding away from the county schools and give
it to the city schools, or leave the funding with the county schools or
any other option.
Speaking just for myself, as long
as Mayor Aikens continues to hold the county hostage by withholding the
legally required documents for collecting the ASFT, there's no room for
any negotiations and it's been my experience that county commissioners
do
not respond well to intimidation tactics.
We'll see what happens on August
2nd. |