Greenville County taxpayers won't be getting refunds for $30 million in road and telecommunications fees paid over the past four years that were recently deemed illegal by the state Supreme Court.
Greenville County Council voted Tuesday nightto notrefund taxpayers, with Councilmen Mike Barnes, Joe Dill and Willis Meadows in favor of the refunds. Council membersSteve Shaw and Xanthene Norris were absent.
County Administrator Joe Kernell and his staff created aplan on how to refund the money and in the process, if anyone wanted not to be refunded, they can opt for their money to go to roads or telecommunications, according to Dill who was in executive session when this was discussed.
The decision to not refund taxpayers was a switch from the decision about an hour earlier duringa committee of the whole meeting where council members voted 6-4 in favor of the refund. Council voted with a split voice vote, rather than a roll call, where each council memberdid not have to specify what they voted and why.
"I was kind of taken aback by the action in the full council because the majority voted in the committee of the whole to refund the money. Then when we got out there, the majority of the council voted not to refund the money," Dill said. "It kind of stunned me for a minute."
Local attorney:Greenville County residents are entitled to more than $50 million in refunds
Meadows believes since the money was taken illegally from Greenville taxpayers, it must be returned, he said.
"I think anything that is legally not ours should be returned," Meadows said.
Dill is expecting the conversation to continue at the next council meeting on Oct. 19, he said, despite Tuesday's vote. For an agenda item to be voted on again, seven council members must be in favor of reopening it, according to Meadows.
Councilman Butch Kirven voted in favor of the refund during the committee of the whole meeting but did not voteduring the regular county council meeting.
"Before the regular meeting, I learned that another member was going to change their vote which would make it a 5-5 tie and the motion would fail.When it came up during the regular meeting the chairman called for a voice vote.No one uttered a word," Kirven wrote in an email.
"The chairman then called on those opposed to voice their vote and I believe six members voted 'no,'" Kirven continued. "I remained silent."
Kirven believes this was the best outcome, he said, because he believes the fees were invalid rather than illegal and the county stopped collecting them following the state Supreme Court's ruling.
Council members Ennis Fant, Lynn Ballard and Chris Harrison said Wednesday they voted no in both the committee of the whole meetings and the regular council meeting.
"First of all the Supreme Court was silent about refunds. They didn't say anything about refunding the money," Ballard said. "Secondly, the Supreme Court never said the money collected was used improperly and we have all the records that show that."
Harrison also believes the fees were used in the way they were intended, so he doesn't see a need for the refunds.
Fant refused to comment on why he voted no.
Council members Barnes, StanTzouvelekas, Liz Seman and Dan Tripp did not return phone calls Wednesday afternoon.
SC Supreme Court:Greenville County road and telecommunications fees are illegal taxes
The decision follows a successful challenge from three Republican legislators from Greenville County— state Reps. Mike Burns and Garry Smith and state Sen. Dwight Loftis— ofthe legality of the county's vehicle and telecommunications fees.
In June, the state Supreme Courtfoundthat the $25 yearly fee on registered vehicles and the annual $14.95 telecommunications fee charged to property owners in the county are illegal taxes.
County attorney Mark Tollison said they are preparing a settlement agreement in response to the local legislator's lawsuit, but did not have more information to share Wednesday.
The settlement agreement was not available on the public index Wednesday afternoon.
"If we're not going to give the money back, we need to give a minimum of $30 million to roads," Tzouvelekas said at the end of the meeting.
Seman, who serves as chair of the public works and infrastructure committee, agreed.
"We have a chance with this recovery money to be bold," Seman said. "Public works might be the way to go."
This is a developing story. Check back for updates.
Genna Contino covers affordable housing and gentrification for The Greenville News.Contact Genna at gcontino@gannett.com or on Twitter @GennaContino. Subscribe to The Greenville News atgreenvillenews.com/subscribe.
