RESOLUTION DECLARING PUBLIC HEALTH EMERGENCY IN UPSON COUNTY

A RESOLUTION DECLARING A PUBLIC HEALTH STATE OF EMERGENCY 

IN UPSON COUNTY

       WHEREAS, O.C.G.A § 38-3-28 provides counties the authority to make, amend,and/or rescind orders,rules and regulations as necessary for emergency purposes and to supplement carrying out the emergency management laws;and

       WHEREAS, Section 30-31 of the Upson County Code of Ordinances provides if a man made or natural disaster, actual enemy attack upon the United States, or any other emergency occurs which may affect the lives and property of the citizens of the county, each mayor of a City within the county, separately or jointly with the chairman of the board of commissioners or, in their absences,respectively,the mayors Pro Tern of each such City and the Vice-Chairman of the Board of Commissioners may determine that an emergency or disaster exists and there after shall have and may exercise,for such period as such emergency or disaster exists or continues,the power to perform and exercise such other functions and duties and take such emergency actions as may be necessary to promote and secure the safety, protection and well-being of the inhabitants of the county and the cities therein;and

       WHEREAS, the World Health Organization has declared the novel coronavirus known as COVID-19 as a global pandemic;and

       WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency in response to the outbreak of COVID-19; and

       WHEREAS, on March 14, 2020, Governor Brian Kemp declared that a public health emergency exists in the State of Georgia due to the spread of COVID-19 within Georgia;and

       WHEREAS, Upson County is a thriving community that serves as a center of commercial,civic,government,social,entertainment,academic,and religious activities in this seven-county region has heightened risk of "community spread" as that term is defined by the Centers for Disease Control;and

       WHEREAS, Upson County has taken multiple measures to reduce the risk of community transmission, including cancellation of public meetings, cancellation of social programs and Recreation Department activities, and closing of public access to County buildings; and

       WHEREAS, the Upson County Schools have been closed indefinitely, public access to Upson County government buildings in the County has been closed, churches in the County have voluntarily suspended services, and many businesses and organizations have voluntarily taken steps to reduce congregating of patrons, including temporarily closing, reducing hours, and/or otherwise modifying their business practices;and

       WHEREAS, additional measures will likely be required in the coming days and weeks to address the fluid situation and such measures will likely need to be executed quickly and free of the usual formalities and procedures required for County action.

       WHEREAS, state laws impose penalties and/or interest obligations on taxpayers who fail to make timely payments of taxes or fail to timely file certain documents, including:

O.C.G.A.§48-2-44(b),which provides that any person who fails to pay any ad valorem tax within 120 days of the date due shall be liable for and pay a penalty of 5% of the amount due;

O.C.G.A.§48-5-299,which provides for a 10% penalty added to the assessment of unreturned personal property as set forth in O.C.G.A.§§48-5-18 and 48-5-20;

O.C.G.A.§48-2-40,which provides that any taxes owed to local taxing jurisdictions bear interest at the bank prime rate plus three percent, beginning on the date such taxes were due;and

       WHEREAS, O.C.G.A.§48-5-242 authorizes the county governing authority to delegate to the county tax commissioner the authority to waive, in whole or in part, the collection of penalties and interest assessed as a result of a taxpayer's failure to comply with laws relating to ad valorem taxation, where such failure was due to reasonable cause and not due to gross or willful neglect or disregard of the law; and

       WHEREAS, the Upson County Board of Commissioners finds that the unique circumstances surrounding the COVID-19 National Emergency and Georgia Public Health Emergency constitute due cause for failure to timely pay taxes within the time frame described hereinafter;

       NOW THEREFORE, BE IT RESOLVED, that for purposes of describing the circumstances which warrant the adoption of an emergency resolution, the Upson County Board of Commissioners hereby adopts and makes the findings included in the "WHEREAS" as factual; further that the Board of Commissioners hereby declares a public health state of emergency within Upson County because of the proliferation of COVID 19 throughout the United States, State of Georgia and Upson County; further that the County Manager and Board of Commission is supportive of the emergency measures enacted by the City of Thomaston, Upson Regional Medical Center and the Upson County Sheriff's Office; further

The County Manager and County Commission Chairman shall continue to communicate  and coordinate closely with national,state,regional,county and other local government
officials to monitor the situation and combat the spread of the disease.

The County Manager shall continue to run the day to day operations of the County pursuant to his legislatively-defined role as chief executive officer and chief administrative officer of the County, including matters affecting County operations and County staff as a result of the current emergency situation.

The County Manager shall continue to fulfill his responsibility under the legislative act(s) to recommend to the Chairman and County Commission the adoption of such measures as may be deemed necessary or expedient for the health, safety and welfare of the residents of the County.

The Chairman may exercise any and all powers enumerated in County Code Section 30- 31 that he deems necessary and expedient in light of the emergency circumstances present, keeping the County Commission apprised of any and all actions taken. Not withstanding the foregoing authority of the Chairman to take such actions unilaterally, the Chairman intends to seek approval of the Commission at a public meeting for significant actions, unless urgent need requires otherwise.

The competitive bid requirements in the Upson County Purchasing Policy are suspended during the period this Resolution is in effect.

The threshold for contracts awarded by the County Manager in Upson County is set to a maximum of $50,000 during the period this Resolution is in effect.

The County will not disconnect any public utility service provided by the County on account of non-payment. After the expiration of this resolution persons will have a period of thirty (30) days before service may be disconnected.

There will be a waiver of penalties and interest on past due ad valorem taxes subject to collections on mobile homes where the original deadline for payment of such taxes falls on April 1, 2020. This waiver of penalties and interest shall be valid through and including June 1, 2020, after which date, all penalties and interest as provided for under Georgia State Law shall accrue and be payable.

At no time shall a group of 10 or more people gather and groups must maintain social distancing of 6 ft apart during any gathering. Notwithstanding, certain individuals or recognized as essential individuals and are exempt from this prohibition,to include:

Fire; law enforcement; medical and hospital services including veterinary services; military service; utility emergency repairs; persons seeking emergency medical services or hospital services and those persons assisting such persons; 

individuals traveling to and from their jobs with appropriate identification and persons traveling to medical facilities; 

individuals engaged in the delivery of food, medicine, medical supplies, fuel, including but not limited to, the re-stocking of grocery stores, pharmacies, and convenience stores; 

news media employees; 

designated employees or agents of businesses designated by the Georgia Emergency Management Agency as "essential" pursuant to O.C.G.A. 38-3-58;

persons providing necessary care of companion animals in the custody and care of an animal shelter, boarding facility, or kennel and persons walking personal animals; 

critical infrastructure businesses and employees as designated by the Governor or identified by.the U.S. Department of Homeland Security Cybersecurity and Infrastructure Security Agency; 

legal offices bonding companies; 

trash collection; 

auto repair; wrecker services; gas stations; and any service deemed by the County Manager to be essential for the protection of health, safety and welfare.

Any individual found to be in violation of the above restrictions will be subject to the following penalties:

Fine not to exceed $1,000.00;

Up to 60 days confinement in jail; 

OR Both.

These penalties are in accordance with the provisions of sections 30-122 and 30- 123 (paragraph 1-11) of the Upson County Code.

       FURTHER, BE IT RESOLVED, and it is hereby resolved, this resolution shall become effective immediately upon its adoption of the County Commission and shall remain in effect until May 12, 2020 at 11:59 p.m., unless rescinded earlier by a vote of the Board of Commissioners.

RESOLVED this 1st day of April, 2020.