HomeMy WebLinkAbout2021-08-11-Agenda MeetingSpecial Called Meeting Commission Chamber- 8/11/2021- 11:00 AM
1. Motion to authorize the Administrator to submit a letter on
behalf of Richmond County in response to G-DOT ROW
rulemaking as official public comment. (Requested by the
Administrator)
Attachments
2. LEGAL MEETING
A. Pending and potential litigation
B. Real estate
C. Personnel
Attachments
3. Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.Attachments
www.augustaga.gov
Legal Administration Committee Meeting
8/11/2021 11:00 AM
G-DOT ROW rulemaking as official public comment.
Department:Administration
Presenter:Administrator Odie Donald, II
Caption:Motion to authorize the Administrator to submit a letter on
behalf of Richmond County in response to G-DOT ROW
rulemaking as official public comment. (Requested by the
Administrator)
Background:Since 2008, state law (O.C.G.A. 46-5-1(b)(18)) has required
telephone companies with fiber in municipal rights-of-way to
compensate each city for such usage based on the same rates
promulgated by GDOT, if the company is not serving any retail
customers in the jurisdiction. Historically the GDOT rate has
been $5,000 per mile in urban areas and $1,000 per mile in rural
areas. The GDOT Board’s proposed rule applies only to state
right-of-way and proposes only fees, not rates (permitting fee +
annual flat fee). This will leave municipalities with no rate
structure to impose on telephone companies when entering the
public rights-of-way. If this rule were to pass, cities would be
forced to either impose a $0 rate when telecoms access the
municipal ROW or charge a flat fee for fiber runs, regardless of
the distance. Both examples are almost certainly violations of
the Georgia Constitution’s Gratuities Clauses. This will lead to
litigation based on what cities can charge telecommunications
companies for running fiber in the rights-of-way Removing the
ability of cities to charge rates for rights-of-way usage will have
the effect cities turning away broadband providers or granting
gratuities to access the public rights-of-way
Analysis:Authorization of the requested letter/public comment is time
sensitive as the public comment period closes before the
Committee/Commission cycle would be complete. The urgency
of this matter and the catastrophic fiscal and operational impact
requires immediate action of the Commission. The period for
local governments to comment on the proposed changes ends on
August 16, 2021,
Cover Memo
Item # 1
Financial Impact:
Alternatives:
Recommendation:Approve
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Legal Administration Committee Meeting
8/11/2021 11:00 AM
Legal Meeting
Department:
Presenter:
Caption:LEGAL MEETING
A. Pending and potential litigation
B. Real estate
C. Personnel
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 2
Legal Administration Committee Meeting
8/11/2021 11:00 AM
Legal Meeting Affidavit
Department:
Presenter:
Caption:Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 3