COVINGTON, Ga. — Fee-related discussions took up a considerable amount of time during the City of Covington’s March 16 meeting.

Specifically, council members discussed the elimination of utility disconnection fees and the handling of unpaid stormwater fees.

Utility disconnection fees

Council members passed the first reading to remove the $30 disconnection fee for utilities that are unpaid after the listed due date. The motion made by Councilman Anthony Henderson passed with a majority vote.

Currently, there is a 10% late fee for residents who do not pay their utility bills on time. If the bill remains unpaid for 15 days following the due date — which is approximately 35 days after bills are released to residents — then that particular service is disconnected with an additional fee.

Henderson cited the changes made by the city when it comes to electricity, as disconnections can now be done within the city’s offices instead of at the resident’s location. With that change, Henderson argued that the extra disconnection fee was no longer needed, as residents are not paying for someone to perform the disconnection labor for electricity.

“If you can’t pay the 10% late fee, why are we adding on an additional $30?” Henderson asked.

Henderson’s request was made in the form of a motion, which was seconded by Councilwoman Charika Davis. 

But before a vote was issued, the council heard from Tiffany Johnston, the city’s customer service manager. Johnston explained that gas and water utilities still require a manual disconnection, unlike electricity. She added that there are customers who only receive gas and/or water services from the city, but not electric services.

“Until we can do all services in the office, we can’t really say, ‘Well, we’re only going to do electric,’” Johnston said.

During the council’s discussion, Davis spoke in favor of removing the fees. Following a heated exchange with Mayor Fleeta Baggett, the councilwoman implied that she believed the council was picking and choosing who to give services to.

“We’re giving away all these services and all these things to the people we want to give them to, and we can’t even take away a $35 [sic] utility disconnection fee?” Davis asked.

Following the discussion, Baggett called for the vote, which landed 3-2 in favor of removing the fees. Councilwoman Kim Johnson abstained from the vote, which, according to city attorney Frank Turner Jr., effectively served as a ‘yes’ vote in moving the motion forward.

“The failure or refusal of a member of the city council or of any commission, committee, board, bureau, or agency of the city to vote when the proper time comes to vote, on a question pending before such city council, commission, committee, board, bureau, or agency, at a meeting legally held and at which such member is in attendance, shall be construed as a vote in favor of the pending proposal,” per section 2.18 of the city’s charter.

The city attorney added that this will have to undergo a second reading next month because it is a revision of the city ordinances.

City will pursue stormwater collections

In a separate agenda item, the council reaffirmed its commitment to collecting outstanding stormwater fees accumulated by the Newton County Government and Newton County Schools.

Stormwater fees are user fees based on a property’s impact on the city’s stormwater system. Councilman Dwayne Turner said that the two government entities owe over $135,000 — $85,577.70 by the county and $49,955.69 by the school system.

Dwayne Turner added that there is just over $205,000 in uncollected stormwater fees from citizens of Covington.

When weighing whether or not to waive unpaid fees from the county and school system, Dwayne Turner argued that the city should waive all of the outstanding fees.

“I’m fine with people paying their dues,” Dwayne Turner said. “But if the council agrees to waive  any of it, I would request the residents be involved as well.”

However, Frank Turner said that this move would likely not hold up in court, as the Georgia Constitution prohibits the government from providing gifts to individuals.

“Courts have determined that forgiving a debt is a gift,” Frank Turner said. “...It would be ruled, if it was ever challenged, to be an unconstitutional gratuity to an individual by saying you no longer owe the money.”

This, however, does not apply to government-to-government bargains.

“We’re all parts of the State of Georgia, so we can strike deals with each other,” Frank Turner said. 

Councilman Jared Rutberg sided against Dwayne Turner’s proposal. Rutberg said that waiving all unpaid fees could result in those who paid their stormwater fees seeking their money back.

“I could see myself having a big problem if everybody else got their debt waived [and] I’d paid my bill,” Rutberg said. “I’d want my money back, too.”

Ultimately, the council made the decision not to waive any of the outstanding fees for governments and residents alike. Frank Turner noted that the city will continue to pursue the unpaid collections from the county and school system.