Critics of the West Fayetteville Bypass insist that Fayette County officials should cease the controversial road project and reallocate the remaining funds to other needed improvements. At the same time, county officials continue to explain why that idea is a legal non-starter. The county attorney addressed the bypass issue during last week's Board of Commissioners meeting.
Though engineering work on the bypass project started in 2006, the economic slump has seemingly sparked more of a public outcry on the county's spending of Special Purpose Local Option Sales Tax monies on the road.
Recurring questions from residents and recent inquiries from commissioners on how SPLOST funds can be used prompted county Attorney Scott Bennett to clarify the legal terms of using SPLOST money as determined by the state. Bennett, whose role is to solely provide legal counsel for the county, broke down the ramifications.
According to the Official Code of the State of Georgia Section 48-8-121, proceeds received from the SPLOST must be exclusively used for specified purpose or purposes.
Therefore, in the case of Fayette County, Bennett explained, money from the SPLOST can only be put forth for the county Transportation Plan - a plan that included the West Fayetteville Bypass, which voters approved in the 2006 SPLOST.
"Once voters vote for a project, that's it," explained Bennett, referring to the 2006 SPLOST. "The governing authority (in this case, the county) is stuck with the project."
Emphasizing the state's statutes, Bennett pointed out if the county was in a position where it had completed all of the projects and had an excess funds leftover, the county would have to pay down any general obligations debt first. If there is still money left, the remaining funds would go to the general fund and reduce ad volorem tax, if possible. But, neither situation is applicable to Fayette this year.
Fayette Commission Chairman Jack Smith spoke out about other misconceptions about the West Fayetteville Bypass.
Some opponents argue the roadway project could be stopped, like in the case of the East Fayetteville Bypass. Smith explained the same thing could have been done to the West Fayetteville Bypass, but such an action is permitted under certain stipulations, which have expired and no longer apply to the West Fayetteville Bypass.
"Before the county started, we could have diverted the money (to another transportation project)," the chairman said.
But as of now, that option has passed because the county has invested too much money on the project as determined by the law, Smith said.
Referencing court cases regarding similar cases of rerouting SPLOST funds, Smith stressed "when you undertake a project, you must carry it through."
In response to the road project labeled "the road to nowhere", Smith defended the West Fayetteville Bypass, calling it a "capacity increasing road".
The project has been a hot-button issue his Post 5 commissioner campaign challenger Steve Brown has raised in his debates. However, Smith said politically- charged comments made about the Bypass by his political opponent are "erroneous".
Smith said labeling the Bypass as a "road to nowhere" is not true because it connects GA 85 to GA 92 and Highway 138.
He also said the notion that the majority of voters are against the Bypass is invalid because it was a measure that was approved through a vote. He further noted Attachment B of the SPLOST outlined all improvement projects, so voters were aware of the commissioners plans to establish the Bypass.
He added the Bypass was approved by the previous board and the current board merely implemented what had to be done to uphold the legal requirement.
Though he says the road is not designed to be "the end all" to traffic in the community, "the road will eliminate part of the congestion immediately and it is designed to give residents and commuters some relief."
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