City of South Fulton policy stands regarding past due utility bills

After a near hour-long discussion at last night's South Fulton City Commission meeting, the policy now in place in regard to consequences of unpaid utility bills was upheld by Mayor David Lamb, Commissioners Billy Williams, Beatrice Wilcox, Tommy Pruitt and Terry Taylor.

The decision followed extensive discussion on a matter brought before the officials, however, which included South Fulton resident and business owner Eric Napier's request to have the city provide a detailed account of power usage at the business owned by Napier and his wife, Lynn, Pappy's restaurant.

The matter was included on the night's agenda.

Mayor Lamb first requested Napier limit his comments to five-10 minutes regarding past due utility bills owed to the city, with Napier stating he "probably did not handle the matter" in the way that he should have, referring to the 10 month of non-payment. He said he first brought an issue to the city's attention in late March, early April, when a discrepancy was noticed on a gas bill for Pappy's. He said the charge for gas seemed excessive and when he questioned the out-of-the-ordinary charge, he was told an adjustment could be made.

He contended even after the adjustment, he and his wife questioned the meter reading, even to the point of whether a reading had been taken.

Napier said he had spoken with David Glisson in the Public Works Department, as well as Jackie Potter, City Recorder, and that on more than one occasion he was told the matter was being looked into, and that City Manager Jeff Gabbert was aware of the situation.

Napier said he was told that an "expert" in meter operations would be consulted regarding his meter. On more than one occasion, the Napiers said they had taken photographs of their meter, in an attempt to compare the reading to what was included in the city's records.

Napier first addressed the commission stating he was the owner of Pappy's, and that he and his wife had also been owners of a daycare business in South Fulton. He said he knew tht he was behind "about 10 years" on paying his city taxes, however that was not the "biggest" issue, as he could pay the taxes.

His issue, he recounted, was "getting the gas meter correct" as he had received notice he owed $14,000 on past due gas usage.

Napier said following a visit by Steve Hutchins, city employee, as well as David Glisson, who both examined the meter, it was determined there was a problem with the meter and that Gabbert would be made aware of the situation.

He said he had seen Potter at a local bank, and inquired to her about the matter of a "problem with the meter" as well.

After than, Napier said "I didn't make another payment, from March until now. I owe back taxes. I am working on paying. I am willing to pay what I can. I was told the issue was going to be turned over to the city attorney and he set up a meeting. There were six people representing the city."

Then Napier said he received a notice stating his utilities would be cut off Oct. 24.

He said Gabbert had suggested he pay the utilities first, before paying the taxes, however Napier said he feared the non-payment of the taxes would result in the possible sale of his business to collect the taxes, so he believed he should pay the taxes first.

Napier said that Gabbert had given him the opportunity to address the commission, however he had cautioned him that "personal" matters could be made public if aired in an open public meeting. At that point, Commissioner Pruitt asked if the matter could be discussed with the commission in private, however the city attorney confirmed the matter did not fall under the legal requirements to be taken into closed session.

At one point, Glisson attempted to explain the process of determining usage, should there be a problem with a meter. He said that research is made to determine historical usage over several years, during the same point in time of a calendar year, such as March of 2014, 2015 and 2016. That determination and average is then used to make any adjustments.

According to city records, the Napiers owe $10,800 in taxes, since 2012, with that figure waiving any penalty which should have accumulated.

"We have the money for the taxes. We just don't want to pay the gas until they can prove to us we owe it," Lynn Napier said.

"We know we owe the water and sewer and that has not been paid, but the gas is messing it up," she said.

"We always paid our bills until this," she added.

Commissioner Williams expressed concern as to possible setting of precedence should the commission make an allowance for the Napiers' past due balances.

"There have been people who have had their gas cut off," he said, noting there are procedures in place to assure payment of city services, with the consequence of non-payment a discontinuation of service.

Commissioner Taylor asked if exceptions could be made for a business, as opposed to a residential bill.

"If we do this, I will have to report it to the state Comptroller's office, that the City of South Fulton now offers a payment plan on their utility bills," Gabbert said.

City Attorney Kirk Moore advised the officials that no action from them would be required, when Mayor Lamb asked if a motion and/or vote should be taken, as Moore noted a procedure is already in place, to be carried out by the city manager and any alteration or change to that policy or procedure would require notification to the Comptroller's office.

Napier asked if, from previous communication with Gabbert, the business could continue using the city utilities through the weekend, to give notification to employees and allot for payroll, to which Gabbert indicated he was in ageement.

Gabbert confirmed earlier today the utilities would be shut off at Pappy's late, after the close of business on Sunday, unless outstanding payment for water, sewer, gas, trash collection and their respective taxes are paid in full by close of business today. The unpaid city property taxes have been referred to the city attorney, he said.