Category Archives: Law

HB 170: counties vs. cities? @ LCC 2015-02-10

Yesterday a Georgia House subcommittee did exactly what Valdosta urged it not to do about distributing HB 170 funds. Given that LMIG mismatch between cities and counties to replace the previous mismatch of forced double taxation on cities and counties, is the legislature trying to cause dissension between counties and their cities, or is it just that inept? We know Valdosta’s position. What will the Lowndes County Commission do?

Valdosta City Manager Larry Hanson wrote to bill’s sponsor: Continue reading →

HB 170 voted out of subcommittee; what will Lowndes County Commission do? @ LCC 2015-02-06

How long will the Lowndes County government and ACCG wait to act, while the Georgia legislature moves on its stealth transportation tax hike for Atlanta that would defund local school boards and city and county governments? A House subcommittee has made some changes to the bill, but it would still force local governments to raise taxes, and it adds an unrelated repeal of an electric vehicle tax credit to its boondoggle for trucking companies and Atlanta. Do we want our local public schools to be defunded like wildlife programs were through the state’s wildlife license plate revenue tax taking? If not, now’s the time to lobby against HB 170, before the full House Transportation Committee meets Thursday. Yet there’s still nothing about HB 170 on the county’s agenda for this evening’s voting Regular Session.

Valdosta has already Continue reading →

$12 million loss to local Lowndes County governments –text of Valdosta resolution against HB 170

Local schools would lose $4 million annually and local governments overall $12 million annually, because HB 170 would “re-allocate local sales tax funding from local governments to the state of Georgia”, resolved Valdosta’s Mayor and Council last Thursday. Plus HB 170 would effectively authorize “double taxation of municipal residents”, because both Lowndes County and Valdosta would have to raise property taxes, which would result in Valdosta’s citizens being taxed more twice (by both the county and the city). For how serious Valdosta considers this threat to its ability to provide services to local citizens, witness how fast this resolution got passed (within weeks after HB 170 was introduced into the legislature) compared to how long it took for Valdosta to pass a resolution against the Sabal Trail pipeline (about eighteen months).

Here’s the complete text of the Valdosta resolution that passed 5 Febuary 2015. See also Valdosta’s PR about this resolution, which contains links to the evidence, and Valdosta’s letter to the sponsor of the bill.

RESOLUTION NO. 2015-3
A RESOLUTION TO OPPOSE THE STATE OF GEORGIA’S
TRANSPORTATION FUNDING ACT OF 2015 Continue reading →

Valdosta writes to legislature against HB 170 transportation tax grab

Valdosta City Council Tim Carroll sent a message Saturday with an attached letter from City Manager Larry Hanson to the sponsor of HB 170, strongly opposing that stealth tax hike. This is in addition to the resolution the Valdosta City Council passed against HB 170.

Carroll’s cover letter:

All,

Attached is a message Mr. Hanson prepared and sent to Rep. [Jay] Roberts regarding the proposed State Transportation Funding legislation or HB 170. Rep. Roberts is the lead sponsor of this bill.

As many of you have already heard, the Valdosta City Council adopted a resolution Continue reading →

Valdosta resolution against GA HB 170 sales-to-excise transportation tax switch

While the Lowndes County Commission has no position, the City of Valdosta already voted to oppose the legislature’s HB 170 proposed stealth tax hike that would convert a local sales tax into a state excise tax, forcing local governments to raise property taxes.

Valdosta PR Resolution to Oppose the State of Georgia’s Transportation Funding Act of 2015,

Click here to view the Resolution to Oppose the State of Georgia’s Transportation Funding Act of 2015.

Click here to view the Local Sales Taxes Collected on Motor Fuel Sales by county.

The Valdosta Mayor and City Council unanimously approved Continue reading →

Videos: 3 rezonings, boat ramp, bridge, utilities, new public defender @ LCC 2015-02-09

The only rezoning to get much time was the Devine Subdivision at Tillman Crossing, at this morning’s Work Session of the Lowndes County Commission. Maps were displayed for that and REZ-2015-01 Gramercy 2 and REZ-2015-03 Scurry Property, but the board packet is still not on the county’s website. I filed an open records request, asking for them to be emailed, and got a telephone callback saying they were ready for pickup, which means I won’t get them until tomorrow, and you may not see them until after tomorrow evening’s voting Regular Session.

Tuesday evening there will be Continue reading →

HB 59 to waive sovereign immunity in certain cases

Sue the state? You’ll lose, because of sovereign immunity, unless HB 59 passes. Then you might be able to sue GA-DNR for circumventing permiting in allowing construction on the Georgia Coast, or if it should approve a compressor station in Albany, or if it should issue any other permits for the Sabal Trail fracked methane pipeline.

State agencies such as the Department of Natural Resources (GA-DNR), can use “letters of permission” to do things like make alterations to Georgia’s coast, and anyone suing to stop it runs up against sovereign immunity unless the issuing agency has expressly waived it. Now that may change with HB 59, “State tort claims; waiver of sovereign immunity for declatory judgment or injunctive relief; provide”. It has six co-sponsors, including Jay Powell, District 171, Camilla, Mitchell County, GA.

Here’s the key part: Continue reading →

HB 170 to convert fuel sales tax to excise tax at local government expense @ LCC 2015-02-05

HB 170 is a stealth tax raise by the state that would force county and city governments to vote for higher local taxes. The Transportation Funding Act of 2015 is bad news according to every city councillor and county commissioner I’ve heard from.

Harrison Tillman estimated about $335,000 reduction in taxes to the county and a $12.6 million overall loss in revenue in his presentation yesterday morning to the Lowndes County Commission Annual Planning Meeting. Commissioner Demarcus Marshall and Chairman Bill Slaughter went to Atlanta to talk to the proposers of this bill, with little effect.

Here’s ACCG’s HB 170 writeup Tillman used, and Continue reading →

Partial packet items! @ LCC 2015-02-09

This agenda includes links to the Commission Agenda Item form for each item! That’s not all yet, since it does not link to the numerous maps and other materials for each of the three rezoning items, for example. But it’s progress! And the meeting dates also now appear. Good show! Also the name of the engineering firm is in the document for Professional Surveying and Engineering Services for Naylor Boat Ramp.

Proposals are also in this agenda for Preliminary Engineering Services for Exit 22 and 29 Utility Relocations, Professional Surveying and Engineering Services for Naylor Boat Ramp, and Proposal for Bridge Foundation Investigation for Morven Road Bridge Replacement, plus a 2015 Public Defender Services Contract & 2015 Operating Contract.

LOWNDES COUNTY BOARD OF COMMISSIONERS
PROPOSED AGENDA
WORK SESSION, MONDAY, FEBRUARY 9, 2015, 8:30 a.m.
REGULAR SESSION, TUESDAY, FEBRUARY 10, 2015, 5:30 p.m.
327 N. Ashley Street – 2nd Floor
Continue reading →

Illegal trash dumping @ LCC 2015-02-05

I’m shocked, shocked, to discover there’s illegal dumping going on in Lowndes County! County staff assured us all two yeas ago that wouldn’t be a problem, while telling us all we had no choice about waste disposal. Yet today at the county’s retreat they showed this map of illegal dumping locations throughout the county.

(If the county published Continue reading →

On the LAKE front

Citizen dialog for transparent process by the Lowndes Area Knowledge Exchange