BEENAROUND
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I agree. I have seen certain people sitting at the same table and eating with people that I couldnt believe they would be seen with.I guess that is how deals are made and property is purchased.Besides, we know what happens to elected officials in this county when they are caught red handed. Deny, lie and make up excuses. Last edited on Sat May 2nd, 2009 03:09 am by BEENAROUND
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Bobby Boucher
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Do not be afraid, say who sits with whom and who buys from whom. We want to know the whole story.
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BEENAROUND
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The person is the same person who used own the E12th street property that the county bought for the health department.
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1NROME
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I still wonder where the money went from the 1988 I believe it was splost for the repairs to the lock at the lock and dam. They got the money but then said it would be to expensive to fix so where did that money go??
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BEENAROUND
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1NROME wrote: I still wonder where the money went from the 1988 I believe it was splost for the repairs to the lock at the lock and dam. They got the money but then said it would be to expensive to fix so where did that money go??
I am glad others dont forget things like that. How about the hotel that was to be built beside the forum. They collected the money ,but we didnt get a hotel. How about a parking deck beside the courthouse, 12 new parking spaces dont make a deck. My understanding is that monies collected by the SPLOST have to be used on the projects listed on the original SPLOST. Is there an account in which they just let this money sit since thay havent build what was voted for.
The big problem is that they put things on the list and it gets voted in, then they find out that they cannot build what was voted on. They still have to collect the money.
The money collected for the parking deck next to the courthouse was not used for what it was intended. They found out after the fact that the ground would not support the parking deck. They have decided to add 12 parking spots at a cost of about $30,000.00 a parking spot. Thats how the county just does what they want. The county actually has a policy of "WE will do it the way we want to until someone challenges it ,then they do what they are supposed to". I really miss Mr Anderson,who was a political watchdog here in Floyd County. I wish he was watching these SPLOST. He use to make the county be accountable for a lot of things by carrying them to court. We just dont hear much out of him anymore.
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BEENAROUND
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In November 1987, an advisory committee was jointly appointed by the Floyd County Board of Commissioners (Board) and the City of Rome Commissioners to study the needs of the community, and to explore the possibilities of raising capital for these projects by imposition of a Special Purpose Local Option Sales Tax (SPLOST) as authorized by OCGA 48-8-110 et seq. Public hearings were held and the SPLOST Committee issued a report which called for, inter alia, the construction of a softball complex to replace existing softball fields in the West Rome area, and a multi-story governmental office and civic center which would provide a "centerpiece for the downtown river front area." [1] The SPLOST Report designated this governmental complex "the Forum." In June 1988, the Floyd County Board of Commissioners passed a resolution calling for a referendum on the imposition of a SPLOST and at the same time adopted the report of
color of state law, deprives another of "any rights, privileges, or immunities secured by the Constitution and laws. . . ."
the SPLOST Committee. The Board then selected a site for the Forum on the banks of the Oostanaula River in downtown Rome. Drawings of the proposed Forum were made and presented to the public. In August 1988, Floyd County held a referendum on the resolution which asked voters to determine whether a local option sales tax should be imposed for the purposes of, inter alia, "recreational facilities and multi-purpose governmental facilities." A majority of voters approved the tax which is to be imposed for no longer than four calendar years.
The Board then began the task of acquiring the site property along the Oostanaula River. Some parcels of property were purchased; other parcels were condemned in actions that proceeded to litigation. The Board hired architects to draw plans for building the Forum which would encompass a governmental office complex and civic center connected by a plaza with shared utilities and parking. The Board paid for electrical, acoustical, security and engineering consulting services. In cooperation with this project, the City of Rome relocated sewers, closed streets and sold or otherwise disposed of buildings in the way of the Forum project. Electricity lines, telephone lines, gas lines, water and cable lines in conflict with the construction site were relocated. The site was razed and rough-graded. Three sets of environmental tests and borings were performed on the soil; a portion of the soil was found to be contaminated and was removed.
Subsequently two new commissioners were elected to the Floyd County Board of Commissioners. Shortly thereafter, in May 1991, the Board voted to move the civic center element of the Forum to another location and to downgrade its size. The newly composed Board purchased property in another area of the county for a softball complex, and raised the issue of whether it would abandon the original softball complex site purchased with SPLOST funds.
The appellees brought this action for mandamus and injunctive relief against the Floyd County Board of Commissioners, seeking to require the Board to construct the Forum and softball complex in accordance with the SPLOST Report as adopted by the Board in June 1988. The trial court found that the Board's attempts to abandon the SPLOST projects at issue constituted waste, and breached the Board's fiduciary duty to the public. The trial court ordered the Board to proceed with all SPLOST projects listed in the SPLOST budget and account reports. The trial court further ordered the Board to reimburse the SPLOST account for any SPLOST funds spent on plans and development alternatives to the Forum project and the site of the original softball complex.
1. Part of the proposed site for the Forum is in the 100-year flood plain. The architectural plans for the Forum call for filling in the flood plain, thereby moving it, and constructing the two component buildings at different elevations. Extensive footings and pylons will be necessary for support and are included within the budget for the Forum. The plans additionally call for the construction of a retaining wall. The architectural plans for the Forum are site-specific and may not be used if elements of the Forum are separated. The Board has paid approximately $500,000 for these plans.
There is evidence in the record to show that by linking the two buildings the costs of utilities will be lowered. Additionally there was expert testimony that there are five points of public access to the Forum site, making it superior to most locations which have only one or two points of access.
At trial four commissioners testified that they do not wish to build the Forum on the original site because of their concerns that a portion of it would be in the flood plain. One of the commissioners additionally testified that he does not want to have the civic center element of the Forum located in the downtown Rome area.
The trial court found that the site selected for the Forum is suitable and buildable. This finding is amply supported by the record. The trial court additionally found that approximately $2.5 million, or 19 percent of the total Forum budget, has been expended to build the Forum on the site originally selected.
While recognizing that the county commissioners have broad discretion to conduct county affairs, the trial court concluded that the Board's attempts to abandon the Forum project after spending $2.5 million to acquire and develop the project is an abuse of the Board's discretion. The trial court also found that if the Board is permitted to relocate the Forum, it will have wasted and diverted taxpayer funds. The trial court therefore enjoined the Board from proceeding with plans to relocate the Forum.
Like the trial court, we are reluctant to interfere in the manner in which a county commission conducts county business affairs. The law grants to a county commission a broad discretion to exercise control over public property, Woodard v. Smith, 254 Ga. 39 (325 SE2d 377) (1985), and dictates that this discretion will not be interfered with by the courts absent clear abuse. Lovett v. Bussell, 242 Ga. 405 (249 SE2d 86) (1978); Woodard v. Smith, supra; Wheeler v. DeKalb County, 48-8-110 et seq., provides that the proceeds from the SPLOST tax "shall be used by the county exclusively for the purpose or purposes specified in the resolution or ordinance calling for imposition of the tax." (Emphasis supplied.) OCGA 48-8-121 (a) (1). OCGA 48-8-121 (a) (2) requires the county to maintain a financial record of each project for which the proceeds of the tax are used. This record will be subject to an annual audit under the provisions of this Code section.
In this case the resolution referred to in OCGA 48-8-110, supra, called for the imposition of the SPLOST tax to construct, inter alia, recreational facilities and multi-purpose governmental facilities." Budget and account reports were then prepared listing the specific SPLOST projects to be developed.
Construing these Code sections, we hold that the Board is not authorized to use proceeds from the SPLOST tax for a purpose entirely different from that contained in the SPLOST budget and account reports. We further hold that the Board is bound by the SPLOST budget and account reports to complete all projects listed therein unless circumstances arise which dictate that projects which initially seemed feasible are no longer so. In this regard the governing authority has discretion to make adjustments in the plans for these projects, but may not abandon the projects altogether.
Our decision here does not affect our holding in Division 1. We again affirm the trial court's determination that the Board abused its discretion in attempting to abandon the Forum project along the Oostanaula River as specified in the plans and specifications drawn for this site, and abused its discretion in attempting to relocate this project.
4. We affirm the remaining provisions of the trial court's order.
Barnes, Browning, Tanksley & Casurella, Roy E. Barnes, Jeffrey G. Casurella, William E. Brannon, for appellants.
1992
Notes:
1. The SPLOST Report did not recommend a specific site on which these structures should be built.
Other documents:
CORRECCIÓN de errores a la Orden de 6 de julio de 2001 de la Consejería de Medio Ambiente relativa a la declaración de prevalencia d... | Hollestelle v. Metropolitan Wash (4th Cir. 1998) | resolucion de 3 de julio de 2003 del instituto andaluz de administración públic... | Acuerdo N 880716300 of 3 Camara Extinto 1 TAC of October 26 1999 | MABA, société anonyme, rue des Zolos 1, 5070 FOSSES-LA-VILLE Numéro d'entreprise 0444.067.186 Assemblée ordinaire au siè... | sentenza of t.a.r - basilicata potenza nº 222 of march 30 2004 | el dirigente sugiere la convocatoria de comicios anticipados en 2008 | Rectificação n.º 1513/2006 de 16 de Outubro de 2006 | décret no 99-468 du 4 juin 1999 relatif à certaines conditions d attribution de l allocation de logement familiale et modifiant le code de... | Arrêté ministériel portant transfert de crédits entre le programme 05 de la division organique 30 et le programme 01 de l... | decisão monocrática nº 70021895610 of tribunal de justiça do rs décima câmara cível of october 23 2007 | Acordao N 74636 of Segunda Turma, of May 18, 1973
I guess that they forgot about this lawsuit. 21 years of the SPLOST , its time for a break,
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BEENAROUND
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In 1988, the citizens of Rome and Floyd County passed a SPLOST (Special Purpose Local Option Sales Tax) that included a mandate to build a Recycling Center. Prior to that date, the only recycling offered in Rome and Floyd County was a site located next to the fire station at Riverside Drive and West 1st Street that was maintained by volunteers from the Rome/Floyd County Clean Community Commission. This site was well used by a small percentage of citizens, and was successful in educating the public about the importance of recycling. Due to the size of the site and a limited budget, only a few items were able to be collected and people wanted to increase their recycling efforts. The Rome/Floyd Recycling Center opened its doors in September 1992 and has been growing by leaps and bounds every year since.
I dont think the center was ever built. We voted it in but it was never built. Now they are asking if we can build another one. Hell we never got the first one.
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BEENAROUND
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I stll cant get over the request for $4,000,000.00 for the construction of a new building for the Coosa Valley Regional Development Center. This is a state funded office, that serves the Coosa Valley District, 14 or 15 different counties. Are the other counties going to chip in on the cost of this construction. I figure it at about $266,000.00 per county would cover the cost. Why should the residents of Floyd County be responsible for providing the funds for new offices for employees serving other counties. Where is the logic.
Everybody wants new and shiny offices I guess.
Last edited on Sun May 3rd, 2009 03:47 am by BEENAROUND
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billyjack
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I do not understand why everyone seems to be so upset??!! I have read this entire thread. Seems like only a few are against spending ONE penny!! I noticed that someone in an earlier post said the "feds gave them a discount on a digital converter" Who the hell paid for the discount?? Its you and me. People if you want change you have to make it happen. As it has been said earlier, go to the commission meeting and do not just sit on your butts. Get up and speak!! Also remember who puts these people in power are the same ones who can take the power from these people!!
BeenAround, just say the name, could it be Ira? You can't held liable for just saying that you seen certain people dining together. They are in a public place. Most people have a cell phone with a camera. Take a photo or two and post them. Nothing wrong or illegial about doing that.
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billyjack
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Can it be time for "change"? If people do not remind the politicans what they were elected for, the power just goes to their heads. Start first with letting the current commissioners knowing how the voter feel about a new SPLOST. As some have been quoted in the local paper saying "its only a penny". Well its MY penny!! Leave them alone and let me determine how to spend "my penny"!! The commissioners act like the SPLOST is like a hotel/motel tax, only the visitors will pay. Thats BS!
Next we need to have term limits. If some of you are not aware of what this means, people can only be elected for a certain number of terms or years.
People who are active voters, not just showing up for presidential elections, need to voice their opinions to the commissioners. The meetings need to moved back to the evenings so more people can attend. I personaly think the comm. moved the meeting to the daytime to limit voter involvement! Do you remember when the meetings were held in evenings??!
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BEENAROUND
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The one penny doesnt seem like much when it is just one dollar you spend. Go buy a new car and see how fast the one penny adds up. $38,000.00 dollars on a new car equals about $380.00 dollars extra you are paying. With the 7% sales tax Floyd Countians are paying the cost of a $38,000.00 goes up to $40,660.00 It doesnt matter where you buy it, it still has to be paid. So that "One Penny" takes more money out of your pocket. The converter discount cards are paid for with taxpayers money I know, but you are being taxed on it again by paying the extra sales tax. My point about the converter was thge fact that there are federal grants avalible for the communications grant. Google it and see. Also google SPLOST Floyd County Ga and see where we have been under a SPLOST for the past 21 years. Im sorry if the one penny doesnt mean that much to you, but I like my own money to stay with me as long as It can.
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billyjack
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BeenAround, I hope that you and everyone else can see my sarcasim here!!
We are being taxed to death!! Maybe the voters need to study the Fair Tax. Don't just listen the media who says sales tax will go up 23-24%. Get a note pad and write down everytime you spend money for one week. Ask for and keep all receipts and at the end of the week total up the taxes for the products bought. Then add this to the tax taken from your paycheck!! You will begin to see that you are paying taxes somewhere in the 45% area!! If you are going to be taxed heavily, then at least let you bring home all that you earn!
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billyjack
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I understand you point on the converter boxes as well. But grants come from tax dollars. Tax dollars come from you and me. There is no such thing as a free lunch!! Someone always has to pay. You can see these things, grants or SPLOST never ends. The local people should tire of getting screwed. Its time to screw the powers that are in control.
As I have said before on this thread and others, read the fair tax books. Remember you can check this book out the library that I remember correctly your pennies paid for this library as well and was not wanted. If I am wrong please correct me on this. As for the empty buildings that we built, maybe we rent these to people who will use the places to make a real product that someone will buy.
Since I am on a government rant, may the governement withdraw some of their stupid polictians who make me wear a seat belt or makes laws show that I must show ID just to buy a pack of smokes.
IS THERE ANYONE LISTENING TO THE FEW ON HERE WHO ACCUTUALLY CARE ABOUT OUR TOWN. IF YOU ARE CAPABLE GET OFF YOUR BUTTS AND DO SOMETHING. START BY SHOWING UP AT THE MEETINGS. ASK FOR THESE MEETING, TIMES NEED TO BE MODIFIED SO THE COMMON PEOPLE CAN SHOW UP!! PEOPLE GRAB THIS ISSUE AND RUND WITH IT!!
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BEENAROUND
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Billy Atleast I know Im not alone. I truly hope that there are a lot of "VOTE NO SPLOST" signs put out and seen before the next SPLOST.
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billyjack
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Now is not the time for another SPLOST. Give the local citizens a break!!!! We have been sucked into this for too long. The people must speak up. If a large portion of the people who do not want this, they must present sign petitions and we need to appoint some people to present this to the commission meetings.
If politicians want to make a change, investigate the FAIR TAX movement.
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