By Cliff Hightower
Staff Writer
DAYTON, Tenn. -- Rhea County commissioners said Monday they are confused on whether they legally approved a 15 cent property tax increase during a special called meeting last week on the 2007-08 budget.
Finance Committee Chairman Terry Broyles said commissioners last Tuesday voted 5-4 for a tax rate of $2.15 per $100 of assessed value. But the commissioners believed the motion failed because it didn't achieve a two-thirds majority, he said. A second vote to keep the rate at $2 per $100 of assessed value passed 7-2, he said.
Mr. Broyles said commissioners later learned a simple majority was enough to pass a tax increase, so now there are questions about whether the tax rate stands at $2 or $2.15, he said.
County Attorney Carrol Anne Barron will explain the legalities to commissioners tonight at the regular business meeting, he said.
"Everything will be clarified," he said.
Ms. Barron could not be reached for comment Monday.
County Executive Billy Ray Patton said Monday he did not think the vote was valid because the motion was made during a special called meeting. He said state law mandates motions can be made in a regular meeting only.
"It's not legal," Mr. Patton said.
But Robin Roberts with the University of Tennessee County Technical Assistance Service said the agenda appeared to be written broadly enough to allow the vote.
"They put a broad topic out there, and what they voted on was a minor part of that," he said.
The second vote, for a $2 property tax rate, stands, he said.
"The last vote is going to count," he said. "If that's not challenged, that's the way it stands."
He said the county could vote to rescind entire motion, but it is not required by state law.
Commission Chairman Ronnie Raper said if a motion is made, commissioners would vote on rescinding the 15 cent tax increase. The money would help pay to expand two overcrowded schools.
Commissioner Bill Hollin, who made the motion for the increase, said he might try to fight for the added tax. He said he thinks the same people who voted for it once before would vote for it again.
Commissioners also are expected to vote whether to put a countywide referendum on a half percent sales tax increase on the February ballot.
County officials estimate a half percent sales tax could bring about $500,000 to $600,000 annually and a 15 cent property tax could bring in $600,000 annually.
"I won't vote to rescind it," Mr. Hollin said.
E-mail Cliff Hightower at chightower@timesfreepress.com
