Chatham Area Transit wants the county commission to use its power to expand transportation services countywide.

On Tuesday, the CAT board of directors unanimously approved a resolution that recommends to the county commission an “expansion of the special district for transit services to include all areas of Chatham County, both incorporated as well as unincorporated.”

The resolution is the result of a study, completed recently by the University of South Florida’s Center for Urban Transportation Research, that recommended expanding services to areas of western Chatham County, including the burgeoning city of Pooler and Garden City, the home of the port.

According to the resolution, the study indicated expansion of the transit system would be “operationally feasible and fiscally responsible.”

Transit system CEO Chad Reese said the resolution will be forwarded to the county commission for consideration. Reese said the timing of an expansion would depend on when the commission takes action.

CAT board member Helen Stone, a county commissioner, recommended the transit organization forward copies of the study to all the commission’s members and outline the major recommendations. The case would be better made, she said, when backed up with facts.

CAT board member Bill Broker said Tuesday the study was thorough, but it should also be apparent to anyone familiar with the community that there has been growth.

“We can just look around this community and we can see where the growth is occurring,” Broker said. “When the original district was set up, there really wasn’t that much action. ... I think it is really important to be aware of. When the district was set up, it was a very different scenario. It was a very different community. ... I think it’s a really important move.”

But community leaders in areas of Chatham County that would be affected by an expansion aren’t convinced the move was necessary.

Councilman Stevie Wall, a vocal opponent of a CAT expansion into Pooler, said Tuesday he was told by members of Chatham County’s legislative delegation that growth in the transit system wouldn’t happen without first having a referendum in affected cities.

Wall argued that neither CAT nor Chatham County has the authority to expand the transit system to municipalities that haven’t approved it.

“The (Georgia) Legislature has assured us that the county commission cannot do that,” Wall said. “They cannot force it on the city of Pooler, per the legislation that was drawn up by the CAT board. According to the way that it was drawn up, that’s against the law. If they force that on us, we’ll have to take measures to protect our citizens.”

CAT officials have a different opinion of whether the county is authorized to extend the service. According to the resolution the CAT board approved Tuesday, attorneys for the Georgia General Assembly have said a provision in the legislation that created the CAT board that previously allowed municipalities to opt out of the service “usurps the constitutional authority of the Chatham County Board of Commissioners to establish the boundaries of the special district and is unenforceable.”

CAT’s legal counsel agrees with this opinion, the resolution says.

Tax issues

Before receiving a call for comment Tuesday, Garden City Mayor Tennyson Holder said he was unaware the CAT board was going forward with expansion. While a portion of Garden City already receives CAT service, the rest would have no use for it, he said, and shouldn’t have to pay for it.

“If they implement it, it’s going to put taxes on our folks. Some of the people are not going to use CAT, and I don’t think they ought to pay for something they aren’t going to use,” he said. “That’s my personal feeling. ... I don’t want to make people pay for something they don’t want to use.”

Holder said he thought CAT would have informed officials before they passed the resolution.

“I think that’s a bad way to do business, so to speak,” he said.

It was also the first Tybee Island Mayor Jason Buelterman had heard of the proposal to extend CAT service countywide. Though he hadn’t had the opportunity to speak with his constituency about the suggestion Tuesday, Buelterman wagered a guess that bringing the special service tax that supports CAT to Tybee Island would not get the support of his constituents.

“The tax on people who live and own businesses out here would be something that would make a lot of people very much against it in my opinion,” Buelterman said. “We’re very, very judicious with the way we spend money so we don’t have to raise the millage rate. Just to slap on a pretty significant tax bill to people, many of whom wouldn’t use the service, would lead the majority of people on Tybee to not support something like that.”

While it’s possible people off-island could take transit to Tybee, Buelterman said, he couldn’t envision many people boarding a bus with beach chairs, coolers and umbrellas in tow.

In other business Tuesday:

• The CAT board had a public hearing and then adopted a new fare structure, which is slated to go into effect Oct. 19. The change provides for half fares for youth on one-way rides; creates a half-fare monthly pass and half-fare day pass for seniors, the disabled, Medicare recipients and youth; increases fares for paratransit and decreases fares for weekly and monthly passes.

• The board approved a fireworks shuttle to carry passengers from the Savannah Mall to downtown Savannah for Fourth of July events. Riders can purchase a day pass for $3.

• The board voted to issue a request for proposals for a public-private partnership to build an intermodal facility that provides transfers and ticketing, administrative offices, parking and street car maintenance.

• The board voted to issue an RFP for outdoor advertising services.

Johnson Square’s green flora was offset with a good bit of blue Tuesday morning as more than 100 police officers gathered just a block away from City Hall in Savannah’s Historic District. Most were there to be officially promoted — specifically to the ranks of advanced police officer and corporal.

For the Savannah-Chatham police department, which has been struggling over the years with retention, Tuesday’s ceremony wasn’t just about rank. The promotions came with a 5 percent pay increase, something that’s been missing for a while.

In fact, some of the 134 officers who were formally promoted to APO on Tuesday already held the title without the pay raise.

Earlier this year, the city and police department brought back what Police Chief Joseph Lumpkin called a “career ladder,” allowing officers who have been on the force for two years to apply for APO and three-year veterans to apply for corporal. The corporal rank had been phased out when the city and county police departments merged in 2005.

“This will be a continuous process in terms of the individuals being able to obtain the fully qualified positions by maintaining their training, by maintaining their performance levels, by maintaining those attributes and traits that are within the career ladder,” Lumpkin said. “So those who did not receive a promotion today: Don’t feel bad. We’ll work with you to get that in the near future.”

The department also welcomed one new officer, Jody Jno-Baptiste, at the ceremony.

Now it just has to hire almost 100 more.

When fully staffed, the department is supposed to have 605 officers. But as of this week, it has 506. Seventeen of those, however, are still in patrol school and not on the streets. Twenty-five more are on leave or restrictive duty for medical, administrative or other reasons.

This spring Lumpkin said he was committed to bringing 100 new officers on board in a year, and recruitment efforts have been ramped up through TV spots, social media efforts and other tactics. Staff streamlined the online application process and saw a bump in attention on the department’s recruitment pages after TV ads earlier this year.

But, said department spokeswoman Michelle Gavin, that attention waned when visitors started looking at salary.

Officers patrolling Savannah and unincorporated Chatham County — a jurisdiction of more than 238,000 residents — start at about $34,000 or $36,000 a year, depending on education. That’s not competitive, Lumpkin told the Savannah Morning News in April.

Some smaller nearby agencies, for example, pay amounts comparable to what Savannah-Chatham offers for assignments with far less violent crime. Officers in Pooler, the next largest municipality in the county, start at about $35,000 a year.

The department’s salaries fall short, too, next to a regional city to which Savannah is often compared.

In Charleston, S.C., only a few of the 480 officers who patrol a city of about 127,000 residents receive starting pay of $36,000. Those are the ones with a minimum of a high school education, human resources staff there said in April.

Mayor Edna Jackson said during her State of the City address in February that officials needed to explore making the local department’s starting pay the highest in the Southeast.

The city is currently contracting with an outside firm, Evergreen Solutions, to study pay increases in all Savannah departments. The study, said city spokesman Bret Bell on Tuesday, is expected to be complete by the end of this month or in early July, and priority is being given to police and fire services. Bell said the city manager plans to recommend to City Council that public safety pay increases be made before the end of the year.

Meanwhile, the police department, which Lumpkin said in April had a nearly 20 percent attrition rate over the past five years, is still trying to put more boots on the ground to increase community-oriented policing — despite officers spending most of their time riding back-to-back calls.

The reinstitution of the APO and corporal ranks with pay increases was a step in addressing some of those salary issues, and, said Lumpkin in a statement, morale and retention. Gavin said a new structure has been established with the ranks: From now on, making APO will be a requirement to make corporal, which will be a requirement to make sergeant. Within four years, an officer who has met all requirements — some of which are educational — can be promoted twice and receive two pay raises.

Bryan Harrell is the crime prevention officer for West Chatham Precinct. He’s held the title of advanced police officer for about three years, but it wasn’t “fully qualified” until Tuesday. He said he appreciated that officers were being “supported openly and publicly.”

“There’s a rank structure,” said Harrell, who was named Officer of the Year for 2015. “A new officer coming in will know how to effectively achieve a promotion within the department.”

The Chatham County Youth Commission recently presented their graduates for 2015.

During a regular meeting of the Chatham County Commission on June 12, the following graduates were recognized:

• Gabrielle James, a Savannah Arts graduate who will attend Southeastern University.

• Simone Greene, a St. Vincent’s graduate who will attend Kennesaw State University.

• Ryan Pacheo, a Savannah Early College graduate who will attend Mississippi State University.

• Kendyl Parker, a Savannah Christian graduate who will attend the University of Georgia.

• Dominique Bolds, a Memorial Day graduate who will attend Savannah State University.

• Martayshia Brown, a New Hampstead graduate who will attend Savannah State University.

• Moryce Brown, a Jenkins High graduate who will attend Savannah State University.

• Destiny Craig-Mojica, a Savannah Early College graduate who will attend Valdosta State University.

• Philip Dove, a Bethesda Academy graduate who will attend Savannah College of Art & Design.

• Jesse Green, a Beach High graduate who will attend West Virginia University.

• Monica Green, a Johnson High graduate who will attend East Georgia State College.

• Malena Hall, a Beach High graduate who will attend Savannah State University.

• JeQuan Hatcher, a Benedictine graduate who will attend Georgia Southern University.

• Chance Jackson, a Benedictine graduate who will attend Stetson University.

• Keona Payne, a Windsor Forest graduate who will attend Albany State University.

• Kayla Smokes, a St. Vincent’s graduate who will attend Columbus State University.

• Breanna Swain, a Memorial Day graduate who will attend Savannah State University.

• Tanardjah Washington, a Savannah Early College graduate who will attend Clark Atlanta University.

The 2015 Beverly M. Whitehead Award was presented to Professor Tatia Adams-Fox of the Savannah State University Journalism and Mass Communications Program and Linda Polite-Gordon, affectionately known as the “CCYC Mom.”

The 2015 Brandon L. Brown Youth Commissioner of the Year Award was presented to Nicolas Williams, a rising junior at Savannah Early College.

ATLANTA — Another 4,100 acres along the Altamaha River will be set aside for public hunting, fishing and safeguarding gopher tortoises and longleaf pines while the Marine Corps keeps out tall structures that could hinder use of its East Coast practice bombing range.

The Georgia Board of Natural Resources votes next week to pay $3.8 million for the land at a discount from The Nature Conservancy of Georgia. The McIntosh County land, one of the last substantial tracts suitable for commercial development, will become part of the adjacent Altamaha Wildlife Management Area.

And the U.S. Navy is kicking in $2.5 million for a guarantee that no tall buildings will be built on it that might interfere with the Townsend Bombing Range used by fighters based at Marine Corps Air Station Beaufort, S.C.

“It’s a good program for both of us,” said Jason Mann, community land liaison for the Marine Corps. “It lets the state preserve the land, and it lets us use the range without worrying about inconveniencing others.”

The Nature Conservancy is buying the land for $8 million to keep it out of the hands of developers, since it is being marketed for commercial and residential development. If the board agrees, the Georgia Department of Natural Resources will not only pay the discounted price, but will also use a combination of private donations, federal grants and state bonds.

The federal money requires the state to agree that the U.S. Fish and Wildlife Services must approve any future use of the property.

“The Altama Tract will add 5 miles of protected frontage along the Altamaha River, habitat for endangered wildlife and public recreational opportunities,” according to a DNR staff memo to the board.

The department’s historic-preservation experts will evaluate old houses on the land to determine their fate.

The bombing range is also in the midst of expansion. The federal government is buying 28,000 acres and upgrading buildings to add to the original 5,000 acres of the range which is operated by the Georgia Air National Guard.

However, the DNR won’t be adding 25 acres of nearby land in Glenn County that it had once owned. In 2003, it had deeded the former Youth Estate on Ga. 99 for $2,500 to the Morningstar Baptist Treatment Services, which planned to renovate the facilities.

When Morningstar defaulted, the lender, Greenwich Investors Trust XLVII, took the land. But the state retained the right to buy back the property.

The DNR staff concluded the $1.3 million loan balance is too much to pay.

“Even with its close proximity, the property would not significantly add to the conservation or recreation needs of the state,” concludes Natural Resources Commissioner Mark Williams in his memo to the board.

ADOPT US – EFFINGHAM ANIMAL SHELTER

Margo is a bulldog mix that’s available for adoption from the Effingham County animal shelter.

She was brought in as a stray with a litter of puppies. She’s about 2 years old and has been gaining weight well, said shelter Director Lorna Shelton.

“She’s a good-natured dog,” she said. “She’d make a good family dog.”

Also up for adoption this week is a female cat that’s about a year old – Shadow. She was left by her owners, along with her brother – Oreo.

Shadow is gray and white and Oreo is black and white.

Shelton guesses that Shadow is about 1 year old.

The fee to adopt animals from the shelter is $50 for dogs and $40 for cats, which includes shots.

People who adopt animals from the shelter must agree to have them spayed or neutered within 30 days, or be subject to a $200 fine. The shelter is following up to make sure that people abide by the law.

Animals must receive a rabies and a “DAPP” shot — for distemper, adenovirus, parainfluenza and parvovirus.

Someone who adopts can take the animal home but must agree to bring the animal back on a Monday or Thursday to get its shots.

The shelter’s phone number is 912-754-2109. It is open for adoptions Mondays and Thursdays from 1 p.m. to 4:30 p.m. and Tuesdays, Wednesdays and Fridays from 10:30 a.m. to 4:30 p.m.

The office hours, when the shelter accepts drop-offs, are 8:30 a.m. to 5 p.m. Monday through Friday.

The shelter’s Web page is: http://www.effinghamcounty.org/DepartmentsAF/AnimalShelter.aspx.

Go to the drop-down list under “Departments A-F” and go to “Animal Shelter” and then “Adoption Page” to see information about some of the dogs and cats that are available.

Lawyers for Chatham County District Attorney Meg Heap on Wednesday labeled a suit to disqualify her from handling the investigation and indictment stemming from an in-custody death of a jail inmate as a “meritless and transparent attempt to manipulate the independent judgment of the district attorney.”

“In an apparent effort to drum up publicity, (the suit) contains false accusations which attempt to discredit the work District Attorney Heap has done to help bring answers to the community and the (Mathew) Ajibade family,” attorneys Patrick O’Connor and R. Bates Lovett said in documents filed in Chatham County Superior Court.

They are asking Chatham County Superior Court Chief Judge Michael Karpf to dismiss the action and allow Heap to continue her grand jury action.

The suit was filed in response to a petition filed June 9 by attorney Will Claiborne for the family of Mathew Ajibade, 21, who was arrested on a domestic violence charge Jan. 1 and reportedly fought with deputies at the jail during the booking process.

He was left in an isolation

cell, and at some point sheriff’s deputies used a Taser on him. An autopsy ruled the death a homicide by blunt force trauma.

Nine deputies have been fired, another resigned and the jail administrator left in the wake of Ajibade’s death.

Heap has said she plans to present an indictment to the Chatham County grand jury on June 24 in the case.

“The district attorney told has told the victim’s family, the mother and father of a dead young man, that they have no right to question her impartiality and told them to shut up,” Claiborne said Wednesday afternoon. “It is disrespectful, and it’s inhumane.

“We will respond to the motions that have been filed, and we will continue to advocate for justice for Mathew Ajibade.”

Claiborne asked the court to order Heap removed from further handling of the case, citing an alleged relationship between Heap and Sheriff Al St Lawrence that would leave her disqualified.

In the response, Heap’s lawyers argued Claiborne does not have a “clear legal right” to what he seeks and has not alleged that Heap has any “personal relationship” or “relationship” that would require he disqualification.

Heap “has nearly completed her analysis and is just days away from presenting possible criminal indictments to a grand jury.”

The suit’s “demand for a new prosecutor is not only legally baseless, (but) it is not in the Ajibade family’s best interest as it would only serve to further delay the initiation of criminal charges.

“This apparent contradiction exposes the real thrust of (the petition) — to influence the criminal process and to bolster the civil suit which plaintiffs have threatened to file.”

The lawsuit on Heap’s behalf also contended Claiborne had violated the Georgia Rule of Professional Conduct by seeking to “influence the prosecution and affect the independent handling of a criminal matter to the advantage of the petitioners in their potential civil case.

“Despite the face that District Attorney Heap will not be deterred from lawfully conducting the duties of her office, the court should not condone such actions.”

Claiborne’s petition challenged Heap’s impartiality to proceed, based in part on her alleged relationship with St Lawrence, indicating he may be a defendant.

“The elected district attorney is not merely any prosecuting attorney,” her response said. “She is a constitutional officer, and there is only one such officer in each judicial circuit.

“Petitioners have not, and cannot, allege that District Attorney Heap has an interest in presenting (and prosecuting) criminal indictments which go beyond her statutory duties” set in the law.

As for any relationship with St. Lawrence, Heap’s legal team said her presentation to the grand jury is forthcoming.

“Until those indictments are made and accepted by the grand jury, it is premature to refer to any one individual, especially Al St Lawrence, as an ‘accused.’”

Police say one man has been taken to hospital after being shot in southeast Savannah.

Officers found the victim near LaRoche and DeRenne avenues about 3:30 p.m., said Julian Miller, Savannah-Chatham police spokesman. He was taken to a hospital for treatment of injuries police did not believe to be life threatening.

Police blocked off DeRenne from Hughes Avenue to LaRoche while detectives and forensics officers worked the scene.

No further information was immediately available.

Police ask anyone with information to call the anonymous CrimeStoppers service at 912-234-2020 or text CRIMES (274637) using the keyword CSTOP2020. Tipsters remain anonymous and may qualify for a cash reward. A confidential tip line also is open at 912-525-3124.

Attorneys for District Attorney Meg Heap on Wednesday afternoon asked a judge to enter a temporary gag order barring attorneys and parties from extra-judicial comment in litigation stemming from the death of Mathew Ajibade in custody at the Chatham County jail.

The petition asks Chatham County Superior Court Chief Judge Michael Karpf to bar statements by attorneys and parties or releasing information that they reasonably should know will likely prejudice proceedings in court.

In the motion, attorneys Patrick O’Connor and R. Bates Lovett argue that plaintiffs are seeking to disqualify Heap from pursuing her investigation and presentation of indictments to the Chatham County grand jury stemming from Ajibade’s death.

Specifically, they contend that attorney Will Claiborne, who represents the victim’s family, has made comments on evidentiary matters, specifically on his Facebook account and made comments to local news media representative regarding potential evidence, how many people should be criminally charged since May 8.

“It is clear … that attorneys William Claiborne and Mark O’Mara have made extensive comments directly addressing potential trial issues in each of these stories,” they contend.

“These comments are violative of the professional and ethical rules of the State Bar of Georgia … and demonstrate the desire of the plaintiffs to manipulate media coverage to gain favorable attention.”

The gag-order request is not permanent, “but rather is limited to the time span during which the petitioners’ petition is pending before this court,” does not involve prior restraint or in any way limit the news media from gaining and reporting to the public news of the case.

Pipeline giant Kinder Morgan on Wednesday appealed a Georgia transportation official’s decision that put its proposed billion-dollar Palmetto Pipeline project in limbo last month.

In its 58-page filing, Kinder Morgan takes the Department of Transportation to task for what it says are procedural errors, including a slow and incomplete response to its open records request, as well as for what it sees as a faulty decision.

“Palmetto requests that the Final Decision be reversed, as it is in violation of the GDOT’s statutory authority, in excess of the statutory authority of the agency, arbitrary and capricious, an abuse of discretion, clearly erroneous in view of the evidence in record, and the GDOT unreasonably withheld the requested certificate,” attorneys Patricia Barmeyer and Jonathan Chally of Atlanta-based King & Spalding wrote in the petition for review.

GDOT officials declined to comment, saying they had not been officially served.

Steve Caley, an attorney with the nonprofit GreenLaw, which represented environmental groups opposed to the project, said the facts don’t support a need for the pipeline.

“Amazingly, ‘the largest energy infrastructure company in the United States’ — as admitted by Kinder Morgan in its complaint — represented by the largest law firm in the state of Georgia essentially complains that it was not given a fair shot in its application to GDOT despite having more resources than

all of the pipeline opponents combined,” he said.

“Where is the shortage of gasoline supplies? There is none. Where are the high prices? There are none. Gasoline consumption has been declining for years and is projected to continue declining for the next several decades. We are confident that the well-reasoned decision of GDOT Commissioner (Russell) McMurry will be upheld by the courts.”

Ogeechee Riverkeeper Emily Markesteyn agreed.

“This is not unexpected as they’ve said all along they would appeal. However, I feel it is unnecessary,” she said. “The DOT Commissioner’s rationale for denying the certificate was sound, based on the lack of public need for Georgia’s citizens, and the court should uphold the state’s decision.”

The eminent domain challenge

The planned Palmetto Pipeline would carry up to 7 million gallons of gasoline, diesel and ethanol a day from Belton, S.C., to Jacksonville. The 210-mile route through Georgia parallels the Savannah River and then turns south, crossing every coastal county and five major rivers.

The company estimates the pipeline would cross the property of almost 400 landowners in Georgia, requiring permanent 50-foot-wide easements that would limit private use. In exchange for the easement, Kinder Morgan offers a one-time negotiated payment. Landowners would continue to pay taxes on the land, which they would technically still own.

To build the pipeline, the company would need to exercise eminent domain wherever its negotiations failed.

And that’s been the challenge for Kinder Morgan.

In Georgia, a law passed in the 1990s requires petroleum pipelines — but not natural gas ones — to get approval from the DOT and the Georgia Environmental Protection Division before the company can condemn property.

Kinder Morgan failed to cross this hurdle when DOT officials, after a public outcry, determined the company had not demonstrated the pipeline met a public need.

The DOT received about 3,000 public comments on the pipeline, most of it opposed.

In Savannah, petroleum marketer Colonial Oil Group vocally opposed the pipeline, chafing at a private company’s threat of eminent domain and saying the tiered bidding on the pipeline capacity could ultimately quash competition in the market.

And Kinder Morgan suffered a public relations setback when a surveyor arrested for alleged trespassing told a Screven County sheriff’s deputy “You can’t stop the pipeline, they have enough money to push the pipeline through the county.”

The surveyors were arrested on the property of William S. “Billy” Morris III, Founder and CEO of Morris Communications, which operates the Augusta Chronicle, the Savannah Morning News and the Jacksonville Times-Union, all along the pipeline route.

Procedure questioned

Each of pipeline’s six informational meetings and two public hearings was heavily attended. In its petition, Kinder Morgan takes issue with the two public hearings, questioning their need and legitimacy.

“At the urging of opponents of Palmetto Pipeline, the GDOT scheduled two additional meetings, which the GDOT characterized as ‘hearings,’” the attorneys wrote, adding “Palmetto had no opportunity to respond to the comments made at these hearings.”

The company tried to obtain the written public comments through an open records request, but the GDOT was slow and incomplete in responding, giving the company little time to rebut, the attorneys complained. And they’re not so certain GDOT considered the rebuttal they did manage to file on May 15, “just one day before GDOT issued its Final Decision,” they wrote. (McMurry’s decision was actually dated May 18.)

“Given the length of the material Palmetto submitted, including point-by-point refutation of objections asserted by Colonial Oil Group, it is unlikely that the GDOT even considered Palmetto’s responses,” they wrote.

Before GDOT Commissioner Russell McMurry issued his decision Gov. Nathan Deal weighed in, telling an Augusta television station, “We’re going to object from the state level, and I think that process will then go to the courts for a judge to decide.”

About 10 days later, McMurry’s decision did just that, rejecting Kinder Morgan’s claims that the pipeline would meet growing need at lower cost to consumers.

“The evidence suggests an overall downward trend in fuel consumption and the idea that the pipeline is needed to create current and future increased demands is simply not supported,” McMurry wrote in his five-page decision. On the question of cost he pointed out that Kinder Morgan representatives had stated the company couldn’t control prices at the pump.

“There is no reason to believe nor is there any evidence that the presence of a pipeline in the market alone will affect prices in the region,” McMurry wrote in his May 18 decision.

Kinder Morgan had provided the GDOT with a study predicting increased fuel demand that even the study authors at the Carl Vinson Institute subsequently backed away from. Transportation officials instead looked at projections from the U.S. Energy Information Agency.

But Kinder Morgan stands by its experts, even if they don’t stand by their own five-year-old work, some of which has already been demonstrated as inaccurate by actual events.

“The GDOT relied extensively on data from the U.S. Energy Information Agency and ignored evidence from Palmetto regarding existing and projected future fuel growth,” the Kinder Morgan attorneys wrote.

New arguments not allowed

Georgia law requires the superior court review to be determined on the basis of the record already before the commissioner.

“The action of the commissioner shall be affirmed if supported by substantial evidence,” the law reads.

That means Kinder Morgan cannot introduce new arguments to persuade the court there’s a public need for its pipeline.

Apart from the court action, the company has launched a pervasive public relations campaign, advertising in newspapers and on TV and radio. Last week it donated $20,000 to a Savannah anti-litter campaign.

Pipeline critics like KC Allan think they know why.

“The ongoing Kinder Morgan newspaper and TV ads currying popular favor suggest they will take a whole new run at an all new fresh-from-scratch application for yet another Certificate of Convenience and Necessity. Why not? A court appeal does not allow for the introduction of new evidence to bolster KM’s claims. They will lose handily. So why waste advertising dollars trying to budge a Georgia superior court judge? You wouldn’t.”

Allan, a Canadian citizen living in Savannah, said opposition to Kinder Morgan pipelines is growing across the continent, citing protests in Canada and New England.

“And let’s face it, Kinder Morgan failed to prove a need existed three months ago, “ she said. “What could have changed a few weeks later?”

Kinder Morgan did not respond to the question of whether it would submit a new pipeline application. Spokeswoman Melissa Ruiz did provide a written statement on the appeal:

“As we move forward in the process as outlined by the Georgia legislature, we will continue to communicate regularly with stakeholders, including impacted landowners, elected officials and communities, because we believe this project serves the best interests of consumers in the state of Georgia and the Southeast region. We and our shippers remain committed to bringing an alternate source of supply to these markets, and we will continue to make every effort to reach mutually beneficial agreements with stakeholders.”

On the web

Go to savannahnow.com to read Kinder Morgan’s filing.

BEAVER DAM, Wis. — Officials have changed a southeastern Wisconsin city’s rules on service animals after a woman took a baby kangaroo into a McDonald’s restaurant.

The Beaver Dam Daily Citizen reports the city’s Common Council voted 14-0 Monday night to define a service animal as a dog or miniature horse, but not a kangaroo. Police can cite people who try to use other animals.

Beaver Dam police say the woman wrapped the baby kangaroo in a blanket and tucked it in an infant car seat, then took it inside a McDonald’s in February.

The woman has said the kangaroo is a therapy animal to help her cope with emotional distress.

City Attorney Maryann Schacht says the changes comply with the Americans with Disabilities Act.

S.C. Senate rejects last-ditch attempt to force roads debate

COLUMBIA — The legislative session will end without a long-term plan to fix South Carolina’s deteriorating roads, despite the House’s last-ditch effort Wednesday to pressure the Senate into passing one.

However, the state budget package could include a one-time distribution to counties of more than $215 million to repair existing roads.

Senate Majority Leader Harvey Peeler said the designation “will help fill the potholes immediately.”

“It by no means fixes our long-term problems, but it’s a start, and we need to squeeze every penny out of this budget to our roads,” he said in calling for more.

The House voted 84-9 to allow the road-funding bill passed by that chamber in April to be considered in the special session that started Tuesday. If senators had agreed, the resolution could have allowed them to take up the bill that’s been stuck in the Senate for weeks without a vote.

The Associated Press

“We are giving the Senate yet another opportunity to address our state’s number one need,” said House Speaker Jay Lucas, R-Hartsville.

But senators opted not to take up the resolution.

Senate Judiciary Chairman Larry Martin said the Senate could get bogged down in debating simply whether to allow the roads bill to be considered, potentially blocking the Senate from passing a budget for the fiscal year that starts July 1, and he won’t allow that to happen.

“I’m not going to take that bait,” said Martin, R-Pickens.

He said he’d ask for a vote on the resolution only if the chamber’s minority and majority leaders tell him they have a plan that has enough support to override Gov. Nikki Haley’s veto, and he doesn’t envision that happening.

“The Senate has got to reach a consensus. There is not one,” Martin said. “Just to come in here in the heat of the summer and slug it out with no game plan is foolish. ... I think we’re out of here as soon as we get a budget. That’s the business we’ve got to get done.”

Since January, Haley has said she’d veto any road-funding plan that doesn’t also massively cut state income taxes and give the governor’s office full control of the Department of Transportation.

House Minority Leader Todd Rutherford said that’s why the Legislature hasn’t been able to pass a road-funding bill.

“She set the bar so high it’s virtually impossible to guarantee a two-thirds vote,” he said.

STATE BUDGET

Meanwhile on Wednesday, legislators moved closer to passing a state budget.

The House sent the Senate its plan for spending roughly $300 million in additional revenue certified May 29 as available. The Senate Finance Committee then amended that supplemental budget bill to redirect an additional $70.5 million of the money toward road repair, boosting the total the measure distributes to counties to $216.4 million. The Finance Committee agreed with the House’s plan to use $70 million to pay cash for part of the roadwork to Volvo’s future plant in Berkeley County, leaving $53 million to borrow for that piece of the promised incentives.

The full Senate will take up Thursday the supplemental bill, which is the final piece of the overall budget package. That allows for a conference committee to resume budget negotiations Friday.

Both chambers’ spending plans already designate an additional $50 million toward large highway construction projects.

CONTINUING RESOLUTION

The House gave final approval to a resolution that keeps government running if a budget’s not in place July 1, by agreeing to the Senate’s July 24 deadline. Senate President Pro Tem Hugh Leatherman suggested the conference committee work through the weekend to make that resolution moot.

Police say a man was taken to a hospital after being shot in Savannah’s Cuyler-Brownville neighborhood Wednesday evening.

They did not immediately believe his injuries were life threatening.

Savannah-Chatham police spokesman said officers found a man shot in front of a house on West 40th Street near Burroughs Street just before 7:20 p.m.

Detectives were investigating Wednesday night.

No further information was immediately available.

Police ask anyone with information to call the anonymous CrimeStoppers service at 912-234-2020 or text CRIMES (274637) using the keyword CSTOP2020. Tipsters remain anonymous and may qualify for a cash reward. A confidential tip line also is open at 912-525-3124.

WASHINGTON, D.C. — AT&T Mobility LLC has been slapped with a record $100 million fine for offering consumers "unlimited" data, but then slowing their Internet speeds after they reached a certain amount.

The Federal Communications Commission said Wednesday that the company misled consumers into buying plans they believed would give them unlimited ability to send and receive data, including Web browsing, GPS navigation and streaming videos. But the FCC said that once the consumer hit a certain level, the data on unlimited plans would be slowed down significantly, at speeds lower than advertised.

AT&T said it would "vigorously dispute" the fine, which was the largest proposed in FCC history. If AT&T can provide evidence that the FCC allegations are wrong, the fine could be reduced.

"The FCC has specifically identified this practice as a legitimate and reasonable way to manage network resources for the benefit of all customers, and has known for years that all of the major carriers use it," the company said in a statement released to reporters. "We have been fully transparent with our customers, providing notice in multiple ways and going well beyond the FCC's disclosure requirements."

It's not unusual for phone companies to slow, or "throttle," speeds on a network as a way to manage congestion. Verizon slows down speeds for its heaviest users, but only on certain smartphones when there is congestion. Once the bottleneck eases, speeds return to normal.

Until this spring, AT&T was slowing speeds until the customer's next billing cycle, even when there was no congestion.

Both Verizon and AT&T had phased out their unlimited plans after data usage grew following the iPhone's launch in 2007. Existing customers, however, were able to keep their unlimited plans.

The FCC says AT&T's approach to unlimited plans violated the agency's transparency rule.

"Unlimited means unlimited," said Travis LeBlanc, the FCC enforcement bureau chief. "As today's action demonstrates, the commission is committed to holding accountable those broadband providers who fail to be fully transparent about data limits."

The hefty fine by the FCC comes on the heels of a federal lawsuit filed against the company last fall. The Federal Trade Commission, which enforces rules against deceptive advertising, said it wants to refund customers who were offered the unlimited data packages, only to be given slower data speeds than advertised. That lawsuit is still working its way through a federal court in California.

Earlier this year, the FTC accused TracFone Wireless of similar tactics. TracFone agreed to settle the case for $40 million.

Lucky’s Market, a natural foods grocer that offers affordable options for every day foods and specialty choices, will open its first Georgia store in Savannah this fall.

Moving in at 5501 Abercorn St., just south of DeRenne Avenue, the market will feature its own selection of natural, organic and gluten-free items.

Lucky’s Market was started in 2003 when Bo Sharon and his wife Trish — both chefs — bought a convenience store in Boulder, Colo., with the vision of creating a grocery market where food lovers like themselves would want to shop.

Today, those goals remain the hallmark of Lucky’s, which has grown to 11 stores around the country, including that original market in Boulder.

“Lucky’s is a unique grocery store concept that offers high quality, local, natural, organic and traditionally crafted foods at reasonable prices, because we believe healthy food should be accessible to all people,” Bo Sharon said.

Savannah shoppers will find in-house cured and smoked bacon, a large selection of fresh, local produce, fresh seafood and what Sharon described as a “decadent bakery” at the store. There will also be a wide selection of “never ever” meats, which have never been treated with antibiotics or artificial growth hormones.

Staying true to Lucky’s culinary roots, the market also will offer ready-to-eat meals, made from scratch daily inside the store. A juice bar will prepare fresh juices and smoothies throughout the day and the market will also feature a wine and beer department. Free wellness activities and store walkabouts — for gluten-free and other food categories — have proven to be favorites with shoppers across the country.

The Savannah store, which will be about 30,000 square feet, will employ approximately 150 people. “We’re pleased with what Lucky’s Market is bringing to midtown Savannah,” said Curtis Lewis III, president of J.C. Lewis Investment Company, LLC, the property owner.

“Lucky’s Market will give its neighbors a wonderful selection of fresh, local foods at affordable prices. Lucky’s is committed to providing top-notch products to its customers and it’s the perfect addition to the recently built CVS and Krystal just to its north,” he said.

“We look forward to being an integral part of the Savannah community and supporting our new neighbors not only through top-quality food, but also through a variety of local giving programs and our Lucky’s Community Project,” Sharon said, adding that Lucky’s Markets actively supports youth and education, healthy communities and resilience programs in neighborhoods across the country.

Savannah will be no different, said Lucky’s spokeswoman Krista Torvik.

“The Lucky’s Community Project is dedicated to improving the quality of life in communities where we live and work by supporting our vendors, their communities and local organizations addressing vital community needs,” Torvik said. “Before every store opening, we partner with community organizations to provide what we call impact grants. Our community team is finalizing that program in Savannah now.”

Other cities with Lucky’s Markets include Bloomington, Ind.; Jackson Hole, Wyo.; Ann Arbor, Mich.; Gainesville, Fla.; Columbia, Mo.; Ellisville, Mo.; Billings, Mont.; Louisville, Ky.; Longmont, Col. and Columbus, Ohio.

ON THE WEB

For more information on Lucky’s Market, go to www.luckysmarket.com

For information on job opportunities at Lucky’s Market in Savannah, visit http://www.luckysmarket.com/location/savannah-ga/

The city of Savannah, in partnership with the Savannah Area Mobility Management Inc., has announced that construction is underway on the City Hall Ferry Shelter Landing.

The project is part of the 2006 Visitor Mobility Plan, approved by City Council to deliver projects and programs and improve mobility for visitors and residents in the National Landmark Historic and Convention districts.

The ferry shelter landing is located between River Street and Rousakis Plaza at the foot of City Hall.

Besides protecting visitors from the elements, it will serve as an intermodal stop for the Savannah Belles Ferry, as well as the River Street Trolley and Convention Shuttle Bus.

It also will provide a central location on River Street to find information on transit schedules and arrival times.

“The design complements the site and its immediate context, including the African American Monument and Visitor Center as well as its connection to the Savannah River and overall Historic District,” said Bridget Lidy, director of Tourism Management and Ambassadorship. The design was approved by the Historic District Review Board in July 2014.

A fee charged to visitors staying in the 29 hotels that have more than 31 rooms in the designated downtown convention district will pay for the project.

For more information about the project, contact Lidy at 912-525-3097.

His assignment as Hunter Army Airfield’s new garrison commander is a bit of a homecoming for Army Lt. Col. Michael Squires.

The infantry officer, who took command of the Savannah Army post Wednesday morning in a traditional ceremony, spent about three years at Hunter serving with the elite 1st Battalion, 75th Ranger Regiment.

“We’re thrilled to be back here,” said Squires, who returns to Savannah after serving as an economics professor at his alma mater, the U.S. Military Academy at West Point, N.Y. “Rarely in the Army — you move often — do you get to go back to the same duty station. I’m not sure the Army realizes that they’ve sent us here twice now.

“We’re really looking forward to the next couple of years here amongst the great Savannah community.”

Squires commanded a Ranger company, served as a staff officer and as a rear-detachment commander during his previous tour at Hunter between 2006 and 2009. He took command Wednesday from outgoing commander Lt. Col. Will Bowman.

During his two years as Hunter’s garrison commander, Bowman, a Green Beret officer from Charleston, became heavily involved in the Savannah community.

His boss, Fort Stewart garrison commander Col. Kevin Gregory, said Bowman was instrumental in organizing Hunter’s recent 75th anniversary celebrations, in improving life for troops — Hunter is home to soldiers, Marines, Coast Guardsmen and airmen — and their families, and was a major player in Fort Stewart/Hunter Army Airfield’s recent Army Community of Excellence Gold Medal, awarded to the Army’s best installation.

“The reality of the mission set for the (Hunter) garrison commander is to lead the installation forward, set the conditions for the Army to attain its stated goals and objectives — everything from projecting power into Europe and the Middle East to home station — and joint-training and to make sure (a soldier’s child) is receiving the best supervised care.

“I can honestly say that Will Bowman has done that at Hunter Army Airfield, so well, in fact, that I did not worry about the mission here,” Gregory said.

Leaving Hunter and Savannah, Bowman said, will be especially difficult.

“Being selected to Hunter Army Airfield is like winning the Army lottery,” he said. “It’s truly a once-in –a-lifetime experience... In my 20 years of service at nine duty stations, there is simply nothing else like it.”

The Coastal Georgia community, he added, is “an inspiration for military service and the reason many soldiers, including myself, are proud to continue serving our country.”

Bowman will move to Fort

Leavenworth, Kan., where he will teach at the Combat Training Center.

The Hunter garrison, he said, is in good hands with Squires.

Shooting reported in downtown Charleston

CHARLESTON, S.C. — Police have responded to a shooting at the site of a church in downtown Charleston, South Carolina, but are not saying if there are casualties.

The address where police say the shooting took place is that of the Emanuel AME Church.

Police are saying on Twitter that they’re looking for a 21-year-old white male. No other information was immediately available.

The Associated Press

The owners of a private boat landing on the Savannah River at Ebenezer have closed the boat ramps rather than purchase a business license.

The closing — which was prompted by a county code enforcement officer visiting recently to investigate a complaint about “noise, garbage and carrying on,” according to Effingham County Zoning Administrator George Shaw — will push as many as 65 boats on a typical busy weekend summer day to the Tuckasee King landing in north Effingham or to the Houlihan landing in Port Wentworth.

The Abercorn landing in South Effingham has more shallow water and is only good for smaller boats, said Steve Bodiford, one of three owners of the Ebenezer landing.

Bodiford said the owners gathered last week and decided to close the Ebenezer landing.

“We have no plans for ever reopening it again,” he said. But they left open the possibility that a compromise could be reached. A sign on the gate to the boat launch says it’s closed and urges people to contact the county.

“Hopefully, somebody from the county will talk to us and see if we can resolve this,” he said.

Shaw said the code officer discovered the landing didn’t have a business license, and the operators decided to close rather than buy one.

Shaw said the same thing happened a year ago — a code enforcement officer investigating a complaint discovered there was no business license and the landing closed. Sometime between then and now, however, the business re-opened without purchasing a license, he said.

Bodiford said the issue with the county and the lack of a license has been recurring for several years.

“They give you an ultimatum,” he said. “You’ve got to do this or you’ve got to close.”

A business license would cost $130 the first year and $100 to be renewed, Shaw said.

Paying for a business license would not be a problem, Bodiford said. The problem would be the things that would come along with a business license, such as higher property taxes and a requirement for costly upgrades to the bathroom.

The landowners also would have to go before county commissioners to get permission to operate a business on property that is zoned agricultural, Shaw said.

Bodiford said the $10 fee to launch boats was enough to pay the taxes on the land while it’s zoned agricultural and for maintenance.

Bodiford, who is a retired railroad worker, said he lives in South Carolina but stays at the Ebenezer landing during warm weather and works traffic control, taking launch fees, making change, getting people to park straight and helping boaters when he can — loaning a tool, jumper cables or a life jacket.

He said people using the boat ramps come from all over the world. And tourists come to see the river, take photos and sit at the picnic tables on a grassy area by the water.

Bodiford said he enjoys talking with the people who use the boat ramps and thanks the community for being so supportive over the years.

He said he hates to have to turn people and boats away, but it’s private property and without a business license, that’s what he has to do — at least for now.

The Savannah-Chatham Public School Board voted Wednesday to convert the local public school district to an IE2/strategic waivers district, one of the new governance models being promoted by state officials.

But board members weren't particularly happy about it.

“We have been put in an impossible bind here,” School Board President Jolene Byrne said.

The state mandated that all of Georgia’s public schools become either a charter district, where governance of each school shifts to school councils, and full autonomy from unfunded state mandates is granted, or an IE2/strategic waivers district, where districts negotiate for waivers and gain limited flexibility in exchange for higher academic benchmarks.

Districts could also opt to maintain the status quo, but they would lose access to all flexibility waivers. The deadline for the decision is this month.

As an strategic waivers system, Lockamy and the current administration will continue to govern the district. He will be able to negotiate with the state to receive cost-saving flexibility waivers from state regulations, like the highly prized waivers to exceed mandated class sizes.  

District officials say class size waivers allow them to save more than $17 million in teacher salaries and benefits by placing 24 to 36 students in each class, depending on the grade level.

The tradeoff is that local schools will have to meet increased academic standards based on a new evaluation system called Beating The Odds, which compares the outcomes of similar districts.

If schools don’t show a comparable three-year improvement trend within five years the state can convert them to charter schools, turn operations over to a more successful school system or a private nonprofit or for-profit entity.

“I appreciate the citizens for their support and belief in our efforts to improve schools, but as we investigated the status quo option the state guidelines got tougher and tougher and pressure was put on districts to move in the direction legislators in Atlanta wanted,” Lockamy said. “We were forced into a box.”

Disagreements and hissing

Parents and teachers who participated in a series of workshops and feedback sessions overwhelmingly preferred to maintain the status quo.

Many of them attended the meeting Wednesday to stress their desire to maintain the current structure. Some said they want to ensure that schools remain under the control of local education experts who can follow through on current reform plans. Others expressed skepticism about the state’s motives, arguing that it was all part of a ploy to privatize public education and to invest as little public money as possible into Georgia’s public schools, which serve increasingly poor and minority populations.

But board members argued that staying as-is was not a feasible option.

Georgia Gov. Nathan Deal is pushing for more charter schools and charter districts in the state and recently approved legislation that makes things difficult for districts that choose to maintain the status quo. Status quo districts will not be granted flexibility waivers from class size mandates or complicated expenditure control tests.

Without the class size waiver, Savannah-Chatham would have to hire about 257 new teachers for the 2015-2016 school year at an estimated cost of $17 million. Without the expenditure control waiver, principals will lose discretion in how they spend state funds.

But the board’s argument didn’t sway the concerned parents, teachers, community and religious leaders in the audience Wednesday. Many were already opposed to the district’s continued use of class size waivers.

At times the board members comments were drowned out by their murmurs.

Board Member Julie Wade argued that becoming a strategic waivers district was an exciting opportunity to develop innovation and create new approaches to improving schools that have struggled to improve under the current operational model.

“We could structure schools differently, like using a college model with a lecture class of 50 kids and breakout sessions of 10,” Wade said cheerfully. “There’s a lot of room for growth and innovation.”

The audience hissed.

Board Member Dionne Hoskins argued that as an strategic waivers district they could do innovative things in struggling schools that the state would not otherwise allow.

“With the resources we have, status quo is not possible,” Hoskins said. “We don’t have the luxury of doing nothing.”

Board Member Shawn Kachmar said they chose the best of the available options.

“IE2/strategic waivers allows us to get a waiver from every regulation you can think of. The state is saying to us, ‘We will give you flexibility and the decision to locally innovate and if you aren’t successful we will hold you accountable,’ and they should.”

The audience hissed again.

Board member Connie Hall said that they were going to have to make the best of the cards they’ve been dealt. Had the community voted in pivotal 2014 elections they could have prevented this legislation.

“If we do not vote this is what happens,” she said.

The hissing intensified.

Two votes against

The only crowd-pleasers Wednesday were board members Larry Lower and Ruby Jones, who voted against strategic waivers. They were also the only two board members who voted against a resolution to continue using class size waivers next year.

Pursuing strategic waiver district status opens the door for the district to continue to exceed state mandated class size limits as a cost saving measure. The resolution increases class size maximums by 1 to 4 students in kindergarten through 12th grade regular, English Language Learner, gifted, early intervention, remedial education, vocational, alternative education and special education classes.

Lower said he was committed to working with the community to fight state control of local schools. He said he voted no to acknowledge their willingness to sacrifice and to show his commitment to a local effort to boost outcomes.

“We need to pull ourselves up by the bootstraps and do it,” Lower said.

Byrne acknowledged the public’s discomfort with the class size waiver decision, but insisted that it would only enable them to maintain current class size levels and the board and staff would work to ensure that they would use the waivers as strategically, effectively as possible and work to reduce class size as much as it was possible.

“Everyone here does not want to vote for this but understands that economic circumstances makes it challenging not to,” Byrne said.

But it is unclear if the board’s 2016 budget will make any optimal class size promises possible. The tentatively adopted budget for the 2015-2016 school year includes $1.8 million to hire 27 new teachers and lower fourth- and fifth-grade class sizes from a maximum of 31 students to 27 students. However some board members have argued that the final budget, to be approved June 24, should only fund fourth grade class size reductions. Others said the millage rate used to generate school property tax revenue should only be increased by a half mill, instead of the proposed 1 mill increase.

Police responded to a shooting Wednesday night at the site of a historic African-American church in downtown Charleston. There was no immediate word on casualties, but a newspaper quoted the city’s mayor as saying that some people were killed.

The shooting took place at the address of the Emanuel AME Church. The Post and Courier newspaper reported that the pastor of the church, state Sen. Clementa Pinckney, was inside for a service at the time of the shooting. But it was unclear if the shooting took place inside the church.

Antjuan Seawright, a spokesman for state Senate Democrats, said he hadn’t heard from Pinkney or his family.

“We are praying,” Seawright said.

Police helicopters with searchlights were circling overhead in the area, while several pastors could be seen kneeling and praying across the street. Police moved members of the news media back away from the site due to what they called an “imminent” threat. They did not release any details.

The campaign of GOP presidential hopeful Jeb Bush sent out an email saying that due to the shooting, the candidate had canceled an event planned in the city Thursday.

The Emmanuel AME church is a historic African-American church that traces its roots to 1816, when several churches split from Charleston’s Methodist Episcopal church.

One of its founders, Denmark Vesey, tried to organize a slave revolt in 1822. He was caught, and white landowners had his church burned in revenge. Parishioners worshipped underground until after the Civil War.

The shooting happened the day before the eighth anniversary of a fire at a furniture store that killed nine Charleston firefighters.