A divided Augusta Commission agreed Tuesday to extend the city’s contract with longtime wastewater plant operator ESG, despite word of a proposed consent order, but not before seeking answers from the director of Augusta Utilities.
The proposed order, first reported by The Augusta Press on Monday, includes findings of noncompliance at the facility, such as repeated overflows, seven of eight clarifiers being non-operational, a collapsed roof and a bypass pump exceeding permitted levels. The order was sent by state officials and is a public record.
Several on the commission expressed surprise to learn about the EPA’s proposed order in the media as Utilities asked to extend ESG’s contract for five years.
Commissioner Tony Lewis questioned why he learned something “of this magnitude” from the media and just as the commission was being asked to approve the extension and addition of services, including some not related to wastewater treatment.
“It would serve us a little better if we have more information beforehand,” Lewis said.
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Utilities Director Wes Byne, who was asked to explain the matter Tuesday, said the order was sent only to him and that only a small group knew about it, including his attorney. He stated that Augusta Utilities disagrees with most of the findings and that the issues are subject to negotiation.
“We take issue with most of the items on that,” he said.
Byne said the order had been “mostly driven” by the unexpected death of an employee who reported overflows to the state and a state employee who had resigned. “That’s what drove that consent order,” he said.
Besides the clarifiers, “which we’re aware of,” the rest are “relatively minor,” Byne said. He said there’s a plan to replace the clarifiers, with two coming in the next 4-6 months.
The facility, which also serves Fort Eisenhower, is tied in with the city’s industrial capacity. As the Augusta Economic Development Authority brings in more clients, “we have the capability to accept those,” Byne said.
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Lewis and Commissioner Jordan Johnson each asked if the addition of non-wastewater services to ESG’s contract was appropriate.
“It is my understanding that it is, being that we’ve gotten to this point,” Byne said.
The commission authorized a $3 million change order in March 2021 that gave ESG $2.5 million in additional services, including painting Augusta’s water tanks.
Former Commissioner Moses Todd, who questioned the 2021 contract expansion, has again raised questions about the firm’s contract. He asked the commission Tuesday to give ESG a one-year extension instead of five and put the service out for bids. ESG is operating under a city contract from 2009.
Byne said changing contractors would require a substantial “transition period,” as Augusta has a “very large industrial component” rarely seen in municipalities of its size.
Commissioner Catherine Smith Rice, who also questioned the 2021 contract, made a substitute motion to give ESG a one-year extension and put the service out for bids now.
“I do think it needs to be put out for bid,” Rice said.
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Commissioner Alvin Mason asked for a roll-call vote on Rice’s motion. The motion failed 7-4 with only Lewis, Rice, Johnson and Francine Scott in favor. Mayor Garnett Johnson was among those voting no. He’d earlier asked Byne how many five-year extensions ESG had left. Byne said the current one, added in an earlier contract revision, was the last allowed.
On Commissioner Brandon Garrett’s motion to approve the five-year extension and added services, the vote passed 6-5, with Commissioner Don Clarke joining Lewis, Rice, Johnson and Scott to vote no.
Clark made a later statement during the meeting to clarify his “no” vote. He said it was not to avoid extending the contract, but to “add a point to the motion” regarding its need to be rebid. “My intent was to go with the five years,” he said.
