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re: Two agenda items of note for today's BR Metro Council Meeting (live stream link inside)

Posted on 6/15/17 at 11:41 am to
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
87206 posts
Posted on 6/15/17 at 11:41 am to
quote:

We do have in place safeguards that can control the tax dollars if we feel the COA is not using tax dollars in the appropriate manner.


Then why haven't they been activated?
Posted by lnomm34
Louisiana
Member since Oct 2009
12702 posts
Posted on 6/15/17 at 11:42 am to
(no message)
This post was edited on 10/31/25 at 4:24 pm
Posted by BingWaterTiger
Member since May 2017
694 posts
Posted on 6/15/17 at 11:42 am to
quote:

Then why haven't they been activated?
they just voted them in last night
Posted by YouAre8Up
in a house
Member since Mar 2011
12792 posts
Posted on 6/15/17 at 11:43 am to
quote:

Then why haven't they been activated?


You mean who would actually activate this process sending it all in motion?
Posted by TigerstuckinMS
Member since Nov 2005
33687 posts
Posted on 6/15/17 at 11:45 am to
quote:

they just voted them in last night

Did anyone ever satisfactorily answer the question of what happens to the tax dollars collected if the Metro Council decides not to fund the EBRCOA's budget? I seem to remember someone raising the question to the Parish Attorney, but I don't remember ever hearing an answer.

Who gives a shite if the Metro Council can decide to defund the EBRCOA if we're still taxed as if they were funding the EBRCOA and they just use the money for something else?

St. George, pray for us!
This post was edited on 6/15/17 at 11:49 am
Posted by BingWaterTiger
Member since May 2017
694 posts
Posted on 6/15/17 at 11:46 am to
quote:

Did anyone ever satisfactorily answer the question of what happens to the tax dollars collected if the Metro Council decides not to fund the EBRCOA's budget?
YES the city gets sued. the city HAS TO fund up to the 2.2 that was passed they can not fund 0.0..parish attorney stated that last night
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 6/15/17 at 11:47 am to
quote:

Who gives a shite if the Metro Council doesn't fund the EBRCOA if we're still taxed as if they were funding the EBRCOA and they just use the money for something else?



More than likely, the MC would establish a grant-type program to support other NGO's that benefit senior citizens.
Posted by TigerstuckinMS
Member since Nov 2005
33687 posts
Posted on 6/15/17 at 12:04 pm to
quote:

YES the city gets sued. the city HAS TO fund up to the 2.2 that was passed they can not fund 0.0..parish attorney stated that last night

Yep. Looks like that is about right. I definitely missed her saying it during the meeting. I looked up the state tax statutes and they say that if the voters approve a special tax, the governing body that put it on the ballot SHALL levy the tax, not MAY levy the tax.

I also found the text of the legal instrument before the council last night that actually levied the tax and it specifically says the funds are to be given to the EBRCOA to administer the programs for the elderly. Not anyone else. The EBRCOA specifically.

So, it looks like we are legally bound to fund their budget up to the revenues of the millage according the language in the ordinance. All the oversight the MC got for us is one fricking member of a 14 member board. What good is the ability to audit, quarterly financial reports, video recordings of the EBRCOA board meetings, etc., if all the MC can do to the EBRCOA is cast one vote against what the other 13 want and pray that if there's any illegality going on that someone will prosecute?

Bravo, EBR Metro Council. Bravo.
This post was edited on 6/15/17 at 12:38 pm
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
137982 posts
Posted on 6/15/17 at 12:06 pm to
I thought the PA said they can levy the tax at a lower millage, just not 0.0.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 6/15/17 at 12:10 pm to
They can.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
464304 posts
Posted on 6/15/17 at 12:10 pm to
but that would violate the CRA and VRA!!!!!
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
137982 posts
Posted on 6/15/17 at 12:11 pm to
Can they adjust the millage annually?
Posted by THRILLHO
Metry, LA
Member since Apr 2006
50155 posts
Posted on 6/15/17 at 12:17 pm to
quote:

I believe she did not make a single payment on that loan.


Doesn't she have a 6 figure salary (or close to it)? So she's taking home ~$6k/month and can't make a single ~$700 payment on a $170k mortgage?
Posted by TigerstuckinMS
Member since Nov 2005
33687 posts
Posted on 6/15/17 at 12:17 pm to
quote:

I thought the PA said they can levy the tax at a lower millage, just not 0.0.


I'm guessing that this part of the revised statutes would be the basis of the lawsuit threatened if they levied less than the full 2.25 mills approved by the voters. It looks to me like it pretty clearly says that the governing body must levy and assess the tax according to the terms of the proposal on the ballot, provided the rates are constitutional and the tax is still in effect.

RD 39:703

Levy and assessment of special taxes

If the election results in favor of the proposition to levy and assess special taxes upon the property subject to taxation in the subdivision, the governing authority shall, after the promulgation of the result of the election and pursuant to the terms of the proposition submitted, levy and assess the special taxes on the property; provided that the total rate of taxation so imposed shall not exceed the constitutional limit, nor shall the tax run for a greater number of years than the number named in the proposition submitted, nor be imposed for any other purpose than that named in the proposition.
This post was edited on 6/15/17 at 12:20 pm
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 6/15/17 at 12:19 pm to
quote:

Doesn't she have a 6 figure salary (or close to it)? So she's taking home ~$6k/month and can't make a single ~$700 payment on a $170k mortgage?


If I'm reading that right. The foreclosure was in 2011? I don't think she was the director then.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
146165 posts
Posted on 6/15/17 at 12:23 pm to
guess it sucks that there's no impropriety out for the council... allows them to say that new issues have come to light that would have them question the legitimacy of awarding the money
Posted by BingWaterTiger
Member since May 2017
694 posts
Posted on 6/15/17 at 12:53 pm to
quote:

I thought the PA said they can levy the tax at a lower millage, just not 0.0.
They can and took a vote on 1.3, a motion made by amoroso. IT failed
Posted by BingWaterTiger
Member since May 2017
694 posts
Posted on 6/15/17 at 12:55 pm to
quote:

but that would violate the CRA and VRA!!!!!
Parish attorney said on mic that they had to levy something, up to the 2.2. If there was the violation of that she certainly would have mentioned it. she was quite sharp and handled the constant questions very well.
Posted by BingWaterTiger
Member since May 2017
694 posts
Posted on 6/15/17 at 12:56 pm to
quote:

Can they adjust the millage annually?
The millage is approved each year, yes. As well as the coa budget, it gets approval but they can not edit to say, take money from pile A and move it to pile B .
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
464304 posts
Posted on 6/15/17 at 12:58 pm to
quote:

Parish attorney said on mic that they had to levy something, up to the 2.2. If there was the violation of that she certainly would have mentioned it. she was quite sharp and handled the constant questions very well.

but the last speaker , Dr. Lawyer Ernie Johnson, basically said they'd be suing EBR if they didn't approve the tax (100%, presumably)

Freiberg even asked the CA about the effects of the delay after that, before the final vote, and the CA was like "i think it means we're gonna get sued"
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