First, the City Attorney seems to be sucking up to someone in the City. We know it isn't Public Works Director, Steve Smart -- he threw him under the bus. I can only think Mr. Smart didn't take Mr. Holmes "thought" seriously because he knew it was illegal. Good for him!
Our illustrious City Attorney, Tom Holmes, appears not to know that it is against state statute to use Tax Increment Funds for maintenance. Please see the memo posted below:
Mr. Holmes seems to think any discussion that doesn't parrot the City's position is ill advised and undesirable. Has he heard that the City is employed by the Citizens -- yes even he is? Why can't all revenues be discussed? Why can't the citizens have a say in how THEIR tax money is spent? Why did it take until one week before the vote on the budget to get public record?
Well, anyway, Mr. Holmes, you are right, I am not an attorney. I do have relationships with attorneys that are considered experts in Idaho Urban Renewal Law, however. As a matter of fact, Mr. Holmes doesn't appear to be on that list. Surprise, surprise.Mr. Holmes does have a right to his opinion, but he probably should double check he's right BEFORE he starts giving advice.
Although Mr. Holmes believes it is a policy decision, in reality, Idaho State Statute states clearly that TIF cannot be used for maintenance or salaries for anything other than those directly needed to administrate the district or Urban Renewal Area. Maybe he should brush up on the Statues before giving opinions that could get the City in trouble.
Maybe it's time for retirement?
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