Commission Approves Two Ordinances

The Jasper County Commission voted Wednesday morning to approve two ordinances, while expressing some displeasure with each. The commissioners needed to take the action however, because if they did not, the new fees could not be levied in January.

Commissioners passed an ordinance increasing the current curbside garbage pick-up fee from $12 per month to $14 per month. The ordinance also says, “$14 fee per month billed annually for a total of $168 per year” and “The fee shall be due and payable no later than thirty (30) days after receipt of the annual bill.”

Commissioner Greg Johnson said after last week’s public hearing, the first reading of the ordinance, he heard from a lot of people. He said he would recommend a one-time billing but offer the opportunity to pay quarterly.

He acknowledged the goal is to get it [the billing] out from under the Board of Commissioners’s office and to the tax commissioner’s office.

County Manager Greg Williams said that the tax commissioner said she can do this. The billing currently used is the same software as tax bills so it will not be a difficult transition, said Mr. Williams.

No one had a cost estimate. Commission Chairman Jack Bernard said he thought Leonard [presumably former county manager Leonard Myers], said the software would cost about $3,000.

County attorney Kevin Brown said that some costs associated with the billing would remain the same…postage, for example, but others would change. He said the tax commissioner has the ability to collect quarterly or annually. He said she could not levy against the property until December, but that once the billing is handled by her office, she has the legal right to levy against property.

Previously, this reporter questioned Tax Commissioner Merry Faulkner about collecting the bills, and she indicated she would likely require more manpower to take on the duty, and said she was not sure she could levy against property for something that is not a tax.

Since initiated, the curbside billing fee has been treated as a fee and handled through a separate enterprise fund. Many consumers have argued it is a tax, since they are required to pay it. Mr. Brown’s remarks indicated that the tax commissioner could levy against property, apparently confirming the tax.

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Mr. Bernard says the auditor has told the county to move the billing under the tax commissioner’s jurisdiction. The commission sees it as a way to save money in their office, but Mrs. Faulkner has indicated that she will require additional help, so the savings is questionable.

When the commission considered delaying action on the ordinance, staff members reminded them they needed to have money coming in to pay Advanced Disposal Service. Mr. Brown said he would have the amendment ready for the January 8 meeting so the county could adopt it before the first bills are mailed. It was not clear how that amendment could be adopted without advertising and two readings, however since that was required for the two ordinances adopted yesterday.

The commission considered delaying action on the ordinance until January 8, but were afraid the billing would go through at $12 per month rather than the new $14 per month fee. Mr. Johnson said I don’t want to approve this month and not come back next month [with changes]. After voting to approve it, Mr. Brown said, “We’ll do whatever we need to do to have it ready by January 8.”

In regards to the special tax district ordinance which will tax each parcel with a structure within 1,000 feet of a fire hydrant an additional $50 per year, Mr. Bernard said he was not in favor of funding the Jasper County Water and Sewer Authority, and never had been. He lamented the poor choices the authority had made in laying water lines. However, he said it was his understanding the authority was insolvent, and that it would not be good for the county for the authority to have to declare bankruptcy.

He said the tax district choice basically assures that the people receiving the service are the ones who pay for it, rather than taxpayers countywide being responsible.

Mr. Yarbrough said that he could not support the district without a sunset clause. Mr. Brown has assured commissioners they can change or eliminate the levy at any time, but without action it will remain in effect for 40 years…the length of the water authority’s loan with GEFA.

Mr. Yarbrough said he was afraid it would fall through the cracks and remain in place forever. After discussion, Mr. Brown said he could bring an amendment to the board in January that would require the ordinance be revisited by each new commission. The first time would be in two years, then every four years subsequently.

They voted 3-1 to pass the ordinance as it stands, although they plan to amend it. Mr. Yarbrough, cast the dissenting vote.

During the agenda comments segment early in the meeting, Charles Dennis of a Hodges Farm Road address spoke to the commissioners about the hardship the additional fees would pose to him and others like him. He said he did not ask for the fire hydrant, and he could not afford an additional $50. As for the increase in curbside, he said he thought the old system of using dumpsters was satisfactory and doesn’t appreciate having to pay the curbside fee.

At the end of the meeting, he said the fire hydrant did not necessarily lower his property taxes. He said his insurance agency said it was the ISO rating that mattered.

(Emergency Services Director Ed Westbrook reported some months ago that the ISO rating had been lowered throughout much of the county, and many residents, particularly in the areas of water lines, will see reductions in homeowners insurance policies.)The commissioners also approved a change in wording to the pension plan, as required by the IRS, according to Mr. Williams.
At the close of the called meeting, commissioners went into closed session to “discuss potential or pending litigation” and “personnel.”

After the meeting, Mr. Williams reported the commissioners directed him to write a letter to the Judicial Qualifications Commission informing them of the county’s situation with Chief Magistrate Judge Ken Jackson, and requesting their investigation with the understanding the county will pursue amending the legislation that governs Mr. Jackson’s position.

Secondly, they voted to send a letter to Rep. Jim Cole and Sen. Johnny Grant to change the statute concerning magistrate judges. They suggest changing the statue affecting county’s with population under 25,000. They want to require the magistrate to substantiate his time on the job if he also has a private law practice, or give up his private law practice.

Mr. Williams said the commission took no action on the litigation part of the closed meeting, only saying it pertained to a threat of litigation.