2010-04-14 / Front Page

Commissioners questioned on large spending

Suit threatened ordinance passage
by MCL staff writer

Commissioners vote to change county law to allow doing business with yourself. Commissioners vote to change county law to allow doing business with yourself. At a regular meeting on Monday night, April 12, in the courtroom of the Miller County Courthouse, county commissioners present were Barbie Womble, Clyde Jinks, Wallace Phillips and Bo Haywood. They went through a number of items such as reports from Tax Assessor Tammy Ivy on Freeport and CUVA.

They also approved a previous meeting’s actions that purchased a building from the Colquitt-Miller Arts Council on Main Street for a minimum of $165,000.00 and not to spend over $125,000.00 of local tax funds to move the E911 center, the Emergency Medical Service, Colquitt Fire and Rescue Department and other county services into the two story building.

Chairman Womble asked that the commissioners go into “executive session” - closed session.

Commissioner Bo Haywood asked if any of the approximately 30 people attending had any questions before they would be asked to leave.

A number of citizens asked why the commissioners were moving these services at such an expense when just a few months ago, it was reported that the county was broke. Another taxpayer asked, “Why move the agencies when it was not necessary, and a large expense was just paid AT&T to wire the E911, rework the EMS building and put up an antenna?”

No one could give an estimate, if one was ever taken to see what the move into the old building owned by Colquitt-Miller Arts Council would cost. The arts council moved out of the building because the utilities were too high for the organization to pay.

There was a question on how the county could justify an unbudgeted amount of tax monies like this without a dire need at this time.

One citizen asked why the county commissioners were putting the Pataula Drug Squad out of the building that they have been paying the county rent on since it was started.

Bo Haywood told the audience that he had been told an untruth about the Pataula Drug Squad and that item would be revisited. He was the only commissioner that stated he was wrong to make that call without checking closer about the truth.

Chairman Womble stated that they still wanted the building and would not be host or fiscal agent anymore. It was time for another county to host them. The City of Colquitt is talking about being fiscal agent for the drug squad if a building can be obtained since the PDS pays all expenses and pays for being fiscal agent.

Other remarks were made about how could the commissioners explain why a rent paying, expense paying department like the Pataula Drug Squad would be put out. They were commended by city and county law enforcement for their expertise in making drug cases and saving the city and county untold expenses trying to help rid us of drug activities.

The commissioners then asked the citizens to leave the courtroom so that the group could talk about a legal matter in private.

The commissioners were out for a few minutes, and it was found that the threatened suit was concerning the proposed Ordinance 10-01 amending section 7, 10, and 14 of the Local Act of 1983 creating the Miller County Board of Commissioners.

A group of local citizens requested the commissioners to take the ordinance off the agenda, since the Board of Commissioners has no legal authority to adopt Ordinance 10-01.

The reason for the change is to give one or more of the seated commissioners the right to contract with the county. It gives the finance chairman the authority to sign checks which changes the composition and form of the BOC.

The threatened suit stated that the county commissioners would be personally charged with the cost of the litigation and attorney’s fees.

The county commissioners came out of “executive session” and voted to adopt the Ordinance 10-01 so that the board members can deal with themselves as elected county commissioners. County commissioner Frankie Phillips came in time to go into the “executive session” and vote to adopt Ordinance 10-01.

In the letter of possible litigation, it referenced a suit now in the Ga. App, 2010 holding that a Miller County Commissioner may be removed from office on petition by any taxpayer for transacting business with the county even if the prohibited transaction is completed and the county suffers no loss, Richardson vs. Phillips (Frankie).

The decision was made without having the county’s attorney present to advise them.

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