Language Postpones SPLOST Vote

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The Gilmer board of commissioners tabled a vote on the next special local option sales tax (SPLOST) referendum last Thursday due to language. During the workshop earlier in the day, all commissioners agreed using SPLOST revenue to pay the county’s debt service. Post two commissioner Danny Hall also recommended including using the revenue for emergencies. Here, though, County Attorney David Clark cautioned against using the term “emergencies,” saying the term is ambiguous.

“Your definition of emergency might not fit someone else’s definition of emergency,”

Clark said.

“If you deicide it’s an emergency and they don’t feel like it’s an emergency, they can challenge that expenditure.”

Commission Chair J.C Sanford, though, sided with Hall.

“You’ve got to leave yourself open to spend the money that’s necessary,”

he said.

“If Stacy (the county Sheriff) needs equipment he doesn’t have or if the fire department needs equipment they (sic) don’t have…where do we get the money?”

Although Clark also cautioned about making the language too restrictive, where the county would be limited in using the revenue, his point was that the other extreme, language that’s too open, could allow for public ire if the money is used for items favoring one portion of the community and not another. The discussion comes at a time when the movement of current SPLOST is in question.

During the workshop, Citizen Charlie Paris accused Chairman Sanford of illegally and an unethically moving $900,000 of SPLOST money. Paris said a portion of the money was used to pay back the county’s Tax Anticipated Note (TAN). Sanford admitted using some of the money to pay for the TAN, but ensured Paris and the other citizens than no money was missing.

SPLOST money cannot be comingled and is dedicated to specific uses. As such, transferring money from the SPLOST account to the general fund to pay the tax anticipated note, a loan to be paid in full by year-end, violates lawful use of the funds. Post two commissioner Danny Hall said he knew nothing about the transfer. But, Sanford responded by stressing the importance of paying back the tax anticipated note. Paris said he understands the importance of the payment, but said he wanted to stress the importance of paying back the county’s debt service as the primary purpose of the SPLOST.

Paris also wanted to know why the county is holding a special election this November, which he said will cost the county an extra $25,000 for a one item ballot.

“We can include this in the primary (ballot) next July (2014) and it won’t cost us a dime,”

Paris said. Clark, though, stressed timing.

“If the outcome of the election is such that it is a no-vote,”

Clark explained,

“then the county is prohibited from resubmitting this to the voters (again) for another year.”

Here, Clark’s point is that if the referendum fails at the last allowable time, then the county could lose two year’s worth of revenue while trying to get it passed.

“If you change the language, everybody’s going to vote for it,”

Citizen Joene DePlancke said.

“Everybody understands we’ve got to have the SPLOST.”

Clark, though, insisted the county would take a great risk if it waited until next year.

The board tabled a vote on the referendum during the regular meeting until specific language is included regarding capital projects. The motion, however, did not mention changing the date of referendum.

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