Commissioner Fields Questions on Unconstitutional Ordinance, and Spending in Final Meeting
Featured Stories, News December 27, 2012 , by Daniel McKeon
Last Thursday, Sole Commissioner Robert Jones fielded a series of challenging questions during his last meeting as sole commissioner. The questions came at the end of the meeting, during the public commentary. The questions covered topics ranging from the unconstitutionality of the county’s Emergency Management Ordinance to Election Costs to the possibility of a 2013 TAN, a loan the county must pay back by year’s end.
Early in the public commentary session, Citizen Jeff Anderson asked Jones for an update on the county’s Emergency Management Ordinance. Anderson first brought the topic up during the November commissioner’s meeting, then concerned mainly about the ordinance’s second amendment violations. At the time County Attorney Phillip Landrum III confirmed the current Pickens County Emergency Ordinance is the same one GEMA (Georgia Emergency Management Agency) uses
. “The Association of County Commissioners (ACCG),”
Landrum said,
“is working on a model ordinance that will take care of those concerns. As soon as that is finished, we will put it in (place).”
During the December meeting, Anderson asked for an update on the status of these revisions. Here, he also handed out a copy of Section 22-34 of the ordinance.
“I’ll point you to numbers two and three,”
he said,
“It’s unconstitutional to go into someone’s house and take their property and that’s what we’ve had on the books since ’97.”
According to the ordinance posted on the county website, numbers two and three define powers given to the county in the state of emergency and read as follows:
(2) Seizing or taking for temporary use, any private property for the protection of the public; 3) Selling, lending, giving, or distributing all or any such property or supplies among the inhabitants of the county and maintaining a strict accounting of property or supplies distributed and for funds received for such property or supplies.
Anderson said he has reviewed the Emergency Operations Ordinance recently adopted by Fannin County and encouraged Pickens to adopt a similar ordinance.
“We have reviewed it (the Fannin Ordinance),”
Jones said,
“We are trying to make theirs to fit Pickens County.”
He went on to say Pickens County is continuing to work on a new ordinance that preserves the constitutional rights of the citizens, but said he couldn’t give a timeline for its completion.
“Hopefully,”
he said,
“after the first of the year we can get this thing resolved and laid to rest.”
Other citizens questioned anticipated spending for 2013. One citizen asked about Elections expenditure for an off-year election cycle. Jones said the county will hold an election in March. The purpose of the March election, he said, is to vote on a referendum to allow Sunday Sales of alcohol by the package, which will cost the county over $16,000.
“Could we not wait for the General Election where it won’t cost us $16,000?”
the citizen asked. Jones said the county attempted to have the referendum placed on the November 2012 ballot, but was unsuccessful. A change to the timing of the referendum would be a decision for the new board in January.
Also, when asked about a TAN, a short term loan due at year-end, Jones explained the county has received bids for a 2013 TAN, but has not made a decision yet. One citizen was concerned the county did not use a TAN in 2006 or 2007, but started using them in 2008 and, that since this time, the amount of TANs have increased.
“We are trying to wean ourselves off of that (the TAN),”
Jones said,
“Until you get your fund balance built up to a certain degree, it takes some time to do that.”
Also, during the meeting Citizen David Leister asked about the collection of outstanding tax liens.
“Now, granted,”
he said,
“during the last six months she (Sharon Troglin the Tax Commissioner) has collected from one individual $226,000. But between June and December the tax liens in Pickens County went from $6.6 million to $6.8 million, an increase of over $180,000.”
Jones said Troglin was in the process of collecting the liens and sending out FIFAs, saying that he expected to see more collections soon.
At the end of the meeting, Commissioner Jones said it was a pleasure to serve as sole commissioner for the past eight years. Speaking on behalf of some county employees, City Clerk Deborah Watson thanked Jones for his service, thanking him for his vision and thoughtfulness.
“It has been an honor to serve each and every one of you,”
Jones said.
In January Pickens County will implement a new form of government, a three-person commission board. Jones will sit as chairman; Jerry Barnes will represent District One and Becky Denney, District Two.
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