A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY AMENDING A PRIOR RESOLUTION DECLARING A LOCAL STATE OF EMERGENCY; TO ENACT PROVISIONS OF THE OFFICIAL CODE OF BUTTS COUNTY APPLICABLE TO A LOCAL STATE OF EMERGENCY; TO PLACE REASONABLE RESTRICTIONS ON CERTAIN BUSINESSES IN THE INTEREST OF PUBLIC HEALTH AND SAFETY; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION ON BEHALF OF THE BOARD OF COMMISSIONERS; TO AUTHORIZE THE CLERK OF THE 122nd SESSION OF BUTTS COUNTY TO ATTEST ALL DOCUMENTS; AND FOR OTHER RELATED AND LAWFUL PURPOSES.

WHEREAS, Butts County is a duly created and validly existing political subdivision of the State of Georgia under the Constitution and laws of the state of Georgia, and;

WHEREAS, the Butts County Board of Commissioners is the governing authority of the County, elected by the qualified electors of Butts County and vested with fiscal and legislative responsibilities necessary to the managing of the affairs of the County government, and;

WHEREAS, in late 2019, a new and significant outbreak of respiratory disease caused by a novel coronavirus emerged in Wuhan, China, and the respiratory disease caused by the novel coronavirus, known as “COVID-19” is an infectious virus that can spread from person-to-person and can result in serious illness or death, and;

WHEREAS, on March 13, 2020, President Donald Trump declared the outbreak of COVID-19 a national emergency, followed by Georgia Governor Brian Kemp who declared an unprecedented public health emergency in the State of Georgia on March 14, 2020 due to the effects of the novel coronavirus COVID-19, and;

WHEREAS, the Centers for Disease Control and Prevention has noted that COVID-19 is proliferating via “community spread,” meaning people have contracted the virus in areas of Georgia as a result of direct or indirect contact with infected persons, including some who are not sure how or where they became infected, and;

WHEREAS, on March 23, 2020, laboratory testing had confirmed more than eight hundred cases of COVID-19 in Georgia, including two documented cases in Butts County, and;

WHEREAS, the County Governing Authority made the unprecedented decision to close public access to County government buildings and in certain cases, to close non-critical services and shutter community programs in an effort to slow the potential spread of the virus and to protect public employees from possibly interacting with potentially infected citizens and visitors to government buildings, now, therefore be it:

WHEREAS, expert medical practitioners have made specific recommendation to the public and to certain types of businesses engaged in the sale of food to the public which have been enacted in numerous municipalities and counties throughout the State of Georgia, and;

WHEREAS, the Chairman of the Board of Commissioners, who has been delegated with the power to declare a Local State of Emergency without objection from the Members, did sign County Resolution CR2020-08 declaring a “Local State of Emergency” on March 18, 2020, and now desires to amend said declaration in light of more recent information and data concerning COVID-19, and;

WHEREAS, in the absence of specific directives from the Chief Elected Official of the State of Georgia, the Board of Commissioners feels compelled to step in and act in the best interests of the community and general public and does wish to publicly declare these acts, now, therefore be it:

RESOLVED, the Commission hereby declares that the foregoing preamble and whereas provisions set forth hereinabove constitute, and shall be considered to be, substantive provisions of this Resolution and are hereby incorporated by reference into this provision, and;

BE IT FURTHER RESOLVED, that in light of advice, information and data from official sources of the State and Federal government concerning the most effective and impactful manners available to slow the spread of the COVID-19 Coronavirus, that it becomes necessary to amend the aforementioned State of Local Emergency so as to clearly state what is expected of the public, it is, therefore, so:

ORDERED: That all resources of Butts County, and the State of Georgia be made available to assist in activities designed to address this emergency, control the spread of COVID-19, and aid recovery efforts, and it is further so:

ORDERED: That the Butts County Office of Homeland Security, shall activate the Butts County Emergency Operations Plan in response to this emergency, and that the following sections of the Butts County Code of Ordinances be implemented, to wit:

1). 2008-05-02 Registration of Building and Repair Services During a State of Emergency.

2). 2008-05-03 Prohibition Against Overcharging for Goods, Materials, Services, and Housing

3). 2008-05-05 Suspension of Portions of the Code of Ordinances and Other Formalities During a State of Emergency, and it further so:

ORDERED: That in anticipation of potentially severe economic repercussions resulting from this State of Emergency and the anticipated shortfall of revenues that could likely occur, that while the County is under a State of Emergency that all spending in all departments funded by the Treasury of Butts County or other funding sources managed by County shall be restricted to emergency and critical purchases only, for the duration of this Emergency and for 30 days beyond the expiration of this Emergency or any extension thereof, and it is so:

ORDERED: That all public or private Community Gatherings of more than ten (10) people anywhere within the unincorporated area of Butts County are prohibited for the duration of this Order, and that a “Community Gathering” shall be defined as any indoor or outdoor event, meeting, or convening of people, subject to the exceptions below, that brings together, or is likely to bring together, or solicits to bring together, ten (10) or more persons at the same time in a single room or other single confined or enclosed space such as an auditorium, stadium (indoor or outdoor), tent, arena, event center, music venue, meeting, hall, conference center, cafeteria or other similar space. A Community Gathering does not include the following or similar uses, so long as persons attending the same are generally not within 6 feet of each other for extended periods: (1) governmental operations; (2) child-care or adult-care facilities, residential buildings or any type of temporary sheltering or housing; (3) grocery stores or pharmacies; (4) hospital or medical facilities; (5) educational institutions engaged in medical, engineering, or other efforts by students or faculty to deal with the impact of COVID-19, and it is so further:

ORDERED: Restaurants shall close to the public except to provide takeout, delivery, drive-through, or curbside service. Restaurants which are licensed under the County Code of Ordinances for the sale of malt beverages and/or wine by the drink for consumption on premises may sell malt beverages and/or wine in sealed containers by the package without obtaining any additional license. Cafeterias in hospitals, nursing homes, educational facilities, or similar facilities shall not be subject to the restrictions contained in this order, and it so further:

ORDERED: That, except for food service establishments licensed by the Department of Public Health and which meet the definition of such as defined in the Butts County Code of Ordinances, all businesses licensed for the sale of alcoholic beverages for consumption on premises or for brown bagging for consumption on premises, such as bars, taverns, nightclubs and similar establishments, shall be closed for business, and it is so further:

ORDERED: That all retail, commercial, or industrial establishments currently remaining open, subject to future orders by the County, State or Federal Government, shall observe the following restrictions, to wit:

A). Reasonable steps shall be taken to ensure customers, employees and other persons on the premises shall generally not be within six (6) feet of each other for longer than brief periods; and:

B). Employees are not suffered or permitted to work if they are exhibiting symptoms of COVID-19 or residing with anybody exhibiting symptoms of COVID-19. It is so further:

ORDERED: That all permits for special events, including park facility rentals, are hereby cancelled, and no new special event permits shall be authorized for the duration of this Order, and it is so further:

ORDERED: All deadlines of any action, determination, or decision required of any official, board or commission of the Butts County Government under the provisions of the Butts County Code of Ordinances shall be tolled for the duration of this Order and for thirty (30) days following the expiration of this Order, and it is so further:

ORDERED: All deadlines imposed under the Butts County Code of Ordinances, relating to the renewal of business licenses, shall be tolled for the duration of this Order and for thirty (30) days following the expiration of this Order.

BE IT FURTHER RESOLVED that this Resolution and all provisions herein, shall be in full force and effect immediately upon its signature by the Chairman of the Board of Commissioners under his authority to sign resolutions declaring a State of Emergency, that it amends specifically County Resolution 2020-08, and that any and all resolutions or parts of resolutions, in conflict with this Resolution shall be, and to the extent of such conflict are, hereby repealed, and;

BE IT FURTHER RESOLVED that nothing in this Resolution or Orders contained herein shall be construed as creating any right or benefit, substantive or procedural, enforceable at law or in equity by any party against Butts County, its departments, agencies or entities, its officers, employees, or agents, or any other person, and;

BE IT FURTHER RESOLVED that this Declaration of Local Emergency shall terminate at 11:59 PM on April 4, 2020 unless further extended by a supplemental resolution, and;

BE IT FINALLY RESOLVED that the Board through subsequent ratification at a meeting to be determined, authorizes the Chairman of the Board of Commissioners to sign this Resolution on their behalf and further authorizes the Clerk of Butts County to attest all signatures and to file this this Resolution in the Book of Resolutions, Volume 1, and as such, it is hereby:

ADOPTED and AMENDED this 24th Day of March, 2020

/s/ Ken Rivers, Chairman of the Board

/s/ J. Michael Brewer
Clerk of the 122nd Session