HomeMy WebLinkAbout09-07-2004 Regular Meeting
REGULAR MEETING COMMISSION CHAMBER
September 7, 2004
Augusta Richmond County Commission convened at 2:10 p.m., Tuesday,
September 7, 2004, the Honorable Bob Young, Mayor, presiding.
PRESENT: Hons. Smith, Colclough, Grantham, Mays, Cheek, Beard, Williams
and Boyles, members of Augusta Richmond County Commission.
ABSENT: Hons. Hankerson, Cheek and Sims, members of Augusta Richmond
County Commission.
Also Present: Steve Shepard, Attorney; Fred Russell, Interim Administrator;
Nancy Morawski, Deputy Clerk of Commission.
The Invocation was given by Rev. Terence McLaughlin.
The Pledge of Allegiance was recited.
Mr. Mayor: Thank you. Please be seated. The attorney has advised us that he
would like us to remove from the agenda today item number 60 because he is doing a
legal review of that item [inaudible] just as recently as this morning there are some other
[inaudible] and see how that issue is treated in those cities. With the consent of this
body, the request of the attorney is we delete item number 60. Is there any exception to
that?
Mr. Colclough: Mr. Mayor, there is a request also to delete item 57.
Mr. Mayor: I’ll get to that in a moment, Mr. Colclough. [inaudible] item 60. Is
there any objection to deferring item 60? This is the one on the smoking ordinance.
There is no objection heard, so we will delete item number 60 and when our attorney is
ready to move this forward to us, we’ll notify the public that it will be on the agenda and
being brought back up at another time. You are welcome to stay for the meeting if you’d
like to. We also have a request to delete item number 57 on the agenda today. That
comes from the Recreation Department. Is there any objection to deleting item 57?
Mr. Williams: Mr. Mayor? I don’t really have any objection to deleting it but
there [inaudible] is this going to be brought back to committee, and if it’s going to be
brought back to committee I’d like to have some other information brought with it.
Mr. Mayor: It will.
Mr. Williams: It will be brought back to committee? Tom, if you can, when you
bring it back to committee, to bring I guess an outline of the structure of the present
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situation, where it is so we can see exactly where we’re going and have some more
details to discuss it with, if you don’t mind.
Mr. Beck: Be happy to.
Mr. Williams: Okay.
ADDENDUM AGENDA:
DELETIONS FROM THE AGENDA:
Item 60. (Requested by the Attorney)
Item 57. (Requested by the Recreation Department – to be referred back to Public
Services Committee)
Mr. Mayor: Madame Clerk, we’ll move ahead with the introductions.
The Clerk: Yes, sir.
INTRODUCTION:
Mr. Charles Utley, President
Hyde Park Neighborhood Association
Re: Resources for Environment Activities
Hyde Park Brownfield Initiative
Mr. Utley: Good evening. I’m bringing some of our friends, newly [inaudible]
from [inaudible]. They are visiting our city this week, and as a part of our Brownfield
Initiative, from the Mayor’s office, it’s always a pleasure to welcome those who have
come from foreign lands to see what we’re doing here as a collaborative effort the city,
state, federal, as well as local. And I’m going to – they aren’t very fluent in English, so
we have an interpreter and I’d like to turn it over to Lou Zellar who is from the Blue
Ridge Environmental Defense League, also we have our interpreter, Marina [inaudible],
and she’s going to interpret what they are saying. Thank you very much.
Mr. Zellar: Thank you, Charles. Thank you, Mr. Mayor. Thank you,
Commissioners of Richmond County. My name is Lou Zellar, and I’m on the staff of the
Blue Ridge Environmental Defense League. About a year ago, we wrote a proposal
which was funded by ISAR, which is a program which brings Russian Nationals to the
United States for educational purposes. This collaboration involves scientists, who are
here today, and community activists, who are also here today, to speak to you about their
concerns about radioactive contamination in air, water and soil around nuclear facilities.
The group includes residents from [inaudible], one of the most polluted sites in Russia.
The week long visit has been coordinated by my organization, will include a fence line
tour of the Savannah River Site, one of the most contaminated, radioactive sites in the
United States. The Russian citizens are here to seek solutions to the radioactive
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contamination problems. They have been inspired, greatly inspired and fascinated by the
innovated brownfield program which the city of Augusta has initiated at the request of
citizens in Hyde Park and Aragon Park communities. So without any further ado, I will
let some of the Russian citizens who have come so far to address you here today. Thank
you so much.
Interpreted as follows:
Ms. Speaker: Good afternoon. I’m here, a
representative from Russia, [inaudible], a Russian city, and I thank you for opportunity to
speak in front of you. I am here representing a team of candidates which is standing in
front of you. They all represent different organizations, non-profit and scientific
organizations, who came here with a message and came here to exchange information
about radioactive wastes. We knew that there is Savannah River Site and we came here
to exchange our experience and share our experience and our knowledge and to learn
something new from you. Everyone and each of us working with people and human
rights of people who live in contaminated areas and who continue to live there. We glad
that we’ve met a representative of organization of Charlie Utley and we will learn so
much from him. We already know it and we are looking forward to establish business
partnership. And that’s all. Do you have any questions?
Mr. Zellar: We also have with us here today a technical expert, Dr. Dimitri
Ribicoff. He has expertise in many areas. And he has developed a program which
enables scientifically to determine when radioactive releases happen by testing of trees.
We all know the tree rings in a tree can date the tree. By testing those trees, Dr. Ribicoff
has developed a method which enables people to know when radioactive release have
happened. So we are happy to know that he is continuing to look for innovative ways,
and if it’s all right, maybe Dr. Ribicoff could say a word or two?
Mr. Mayor: As long as you keep the interpreter handy.
(Laughter)
Interpreted as follows:
Dr. Ribicoff: Good afternoon, ladies and gentlemen and
Commissioners. I’m happy to represent Academy of Scientists of Russia. Dr. Ribicoff
presented [inaudible] contamination by taking samples from trees along the [inaudible] of
radioactive releases to determine scientifically. In spite of long distance between
[inaudible], which is northwest of Russia and territory Chernobyl, where radioactive
explosion occurred, the radioactivity spread all around and affected the [inaudible]. And
that’s why we can detect radioactive elements which we can see in [inaudible]
development [inaudible] tree samples, as Dr. [inaudible] mentioned before and we can
see the influence of that radioactive explosion, not so much in Russia but in many other
countries. That’s why [inaudible] big explosion in Chernobyl not just Russian problem
but also that is a global problem and that’s why Dr. Ribicoff asking you to involve all
forces and together to do something as a consequence of that explosion. Thank you very
much.
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Mr. Utley: Again, I want to thank the Mayor and the Commissioners for allowing
us to come before you this afternoon and just to greet our guests, as they will be with us
until Saturday, and as we leave, I’ll let them pronounce their own names.
(Visitors introduce themselves)
Mr. Mayor: Thank you. Charles, let me thank you and our visitors for being with
us today. Certainly the issue they’re dealing with is not confined to any one political
subdivision anywhere in this world. We all have ownership around the globe and it’s
encouraging and we’re sharing information and we’ll find solutions when we share
information.
Mr. Colclough: Mr. Mayor?
Mr. Mayor: Mr. Colclough?
Mr. Colclough: Mr. Mayor, I had the opportunity yesterday to spend some time
with this delegation and they are really a good group of folks who are doing what they
can do to help a lot of people in their country who has been affected by the radioactive
fallouts from a lot of the areas. They’re working hard and I just, I’m just happy to have
had the opportunity to meet with y’all and to spend some time with you. Like I said
yesterday, if there is anything I can ever do to help you, please do not hesitate to let me
know. And good luck.
Mr. Mayor: Thank you.
(A round of applause is given.)
Mr. Mayor: Nancy, let’s take item number C next. We have a big delegation
here for that.
The Clerk:
RECOGNITIONS:
C. Augusta Recreation Department
Mr. Tom Beck, Director Augusta Recreation Department
RE: South Augusta Nationals – Dixie Youth Major Georgia State
Champions.
(Roll call Mr. Chris Kane, Sports Director, WAGT)
Mr. Beck: Mr. Mayor, members of the Commission, one of the most important
programs that we have in our system is our youth baseball program and it is important
that they participate first. That is our goal, to have as many kids participating in youth
sports as we can. Now with that being said, we do like getting competitive, too. And
we’re proud today to bring you the 11 and 12 year old Dixie Youth Major State
Championship Team that – and this team represented Augusta, Georgia. Out of south
Augusta, they were the South Augusta Nationals. They actually finished second in the
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district, but went on to win the state championship in Manchester, Georgia, and
represented Augusta, Georgia in Mussel Shoals, Alabama in the World Series and
showed themselves very proud and made us very proud with a win over there. And we
were very proud of them. They’re winners in our book, they’re world champions in our
book. With that being said, I’d like to take this opportunity to thank all the parents who
were so involved with the kids, and especially the volunteer coaches that will be
recognized here. We could not do it without them. And especially, too, to our athletic
staff – Buck Slater, Kent Warner, Tony Miller and all of our south Augusta staff. They
did an outstanding job, as always. So with that, we’ll have our roll call now, and I’d like
to call on Mr. Chris Kane, who is the sports director with Channel 26. Chris?
(A round of applause is given.)
Mr. Kane: Thank you, sir. Mr. Beck, Mayor, Commissioners, ladies and
gentlemen, it’s my pleasure to introduce to you the South Augusta All Stars. Seated to
my right, as Mr. Beck mentioned, they won the State Dixie Youth Majors title with a 7-1
record. Along the way, they threw two no-hitters, which is quite impressive and they
finished sixth in the World Series in Alabama, so let’s introduce the players. I know you
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guys have been waiting for this. Number 12. Pitcher, 3 baseman, Michael Hawley.
(A round of applause is given.)
Mr. Kane: Number 4, center fielder, Gary Robinson.
(A round of applause is given.)
Mr. Kane: Number 10, pitcher, Sean McCain.
(A round of applause is given.)
Mr. Kane: And rumor has it Sean can throw in the mid-70’s. Is that true? Okay.
Good job. Number 11, first baseman, pitcher, Dalton Self.
(A round of applause is given.)
Mr. Kane: Number 15, catcher, outfielder, Latron Hunter.
(A round of applause is given.)
Mr. Kane: Shortstop, number 3, Tony Miller, Jr.
(A round of applause is given.)
Mr. Kane: Second baseman, pitcher, catcher, he does it all, number 14, Bryson
Crouch.
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(A round of applause is given.)
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Mr. Kane: Number 8, he plays 3 base and second base, Alex McKeller.
(A round of applause is given.)
Mr. Kane: Outfielder, number 5, Dante Stallings.
(A round of applause is given.)
Mr. Kane: Outfielder, number 6, Michael Sills.
(A round of applause is given.)
Mr. Kane: Outfielder, second baseman, number 1, Steven Williamson.
(A round of applause is given.)
Mr. Kane: Number 9, he’s an outfielder, Sheldon Counts.
(A round of applause is given.)
Mr. Kane: Now I’d like to introduce the coaches. Assistant coach, Steven
Williamson, Sr.
(A round of applause is given.)
Mr. Kane: And the manager who put in many hours of coaching this team, Felix
Robinson.
(A round of applause is given.)
Mr. Kane: Also want to mention D.J. Kline. He wears number 2. He’s a
designated hitter and assistant coach David Gallotson. They were unable to attend.
Please give these guys a big round of applause. Great job. State Dixie Youth
Champions.
(A round of applause is given.)
Mr. Mayor: Y’all are welcome to stay for the rest of the meeting if you’d like to.
Madame Clerk, we’ll move with item number A.
Mr. Smith: Can I ask Mr. Beck a question.
Mr. Mayor: Go ahead.
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Mr. Smith: Mr. Beck, did I understand you to say these young men were from
south Augusta?
Mr. Beck: That is correct, Mr. South Augusta Commissioner, that’s correct.
(A round of applause is given.)
Mr. Mayor: Item number A.
The Clerk:
A. Congratulations! Commissioners Tommy Boyles and Andy Cheek who
completed their Certification of Achievement during the June 2004 Annual Meeting
of the Georgia Municipal Association held in Savannah, Ga. from the Harold F.
Holtz Municipal Training Institute for Elected Officials sponsored by the University
of Georgia, Carl Vinson Institute of Government.
(A round of applause is given.)
Mr. Mayor: Next item?
The Clerk:
B. Teresa Smith, P.E., Director of Public Works (Requested by Commissioner
Marion Williams
RE: John F. Kennedy School of Government
Harvard University, Cambridge Massachusetts
Scholarship Award Harvard Class and Professors of June 2004. (Presentation by
Commissioner Andy Cheek)
The Clerk: Mr. Williams?
Mr. Williams: Thank you, Madame Clerk. Mr. Mayor, if you would please join
me and ask Ms. Smith to come forward, I would like to present her with this certificate
from Harvard University, and I’d like to make a couple of comments in the absence of
my twin brother, Andy Cheek, who is not here today.
Mr. Mayor: That doesn’t mean you get double time now.
Mr. Williams: I understand that, Mr. Mayor. I was excited when I heard about
this and when I had an opportunity, and since he’s not going to be here, I would like for
you to come down, as well as myself, to present this to her, and I’d like to make a couple
of comments, Mr. Mayor. Mr. Mayor, Ms. Smith, who attended, Harvard – here she is.
Ms. Smith, who attended Harvard, who made plans through the government to attend the
classes and for whatever reason, and that’s something we’ll probably talk about later, Mr.
Mayor, but for whatever reason the funds were not available for her to go or the funds
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were directed in other places. She paid her own way to attend and what I was so
impressed with, the group that she trained with and that she attended school with was so
impressed with Ms. Smith that they drove ten hours to come to Augusta. They had – and
I may need some help here, but they went among themselves, Mr. Mayor, and collected
monies to repay her for paying her own way, which the city had already agreed to but for
whatever reason that didn’t happen. But they drove ten hours to give her a check and I
don’t know the amount so I’m not going to say that cause I may be wrong. But I was just
truly impressed and I was impressed with them for being impressed with her so much to
drive this distance to repay her at least part of the money that she went in her own
personal money to do, Mr. Mayor, so if you will, please join me in presenting this to Ms.
Smith. [inaudible]
Mr. Mayor: It reads Harvard University, John F. Kennedy School of
Government, this is to certify that Teresa C. Smith, P.E., has completed the program of
Senior Executives in State and Local Government, June 13-July 2. Signed by the faculty
chair and director. Congratulations.
(A round of applause is given.)
Ms. Smith: [inaudible] I would like to recognize [inaudible].
Mr. Mayor: Next item is under delegations.
The Clerk:
DELEGATIONS:
D. Philip Horton, M.D., Acting CEO
Community Mental Health Center of East Central Georgia
RE: The financial aspects of the Community Mental Health Center of East
Central Georgia
Mr. Mayor: Thank you, Dr. Horton, we’re glad to have you hear with us today.
Mr. Russell, I’ll let you be the timekeeper. Under the Commission rules you get five
minutes. Thank you.
Dr. Horton: Thank you, honorable Mayor and Commissioners. I’m here
representing the Mental Health Center. I’m the acting CEO and I come here basically to
thank the community because without your support we would not be here. We are the
safety net of those most in need that suffer from mental illness. You have come to our
aid numerous times. Two years ago, there were indictments filed and GBI investigation
of our facility for criminal wrongdoing and malfeasance of public funds. We were $1
million short approximately two years ago. One year ago, we faced a $2 million cut.
Because of the Augusta Delegation, the support of this community, we weathered that
storm. I’m here to just thank you from the bottom of my heart. 6,000 patients thank you.
420 employees thank you. We do a lot of things well. There are a lot of things we may
not be doing well and we know we have to improve in some things. I’m accompanied
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here today by Mr. Patrick Waters, who is director of our substance abuse program, who
will speak to you and give you a brief overview. And I’m also accompanied by Ms.
Della Nunnally, who is a member of our community service board that oversees us as a
governing body. Patrick Waters.
Mr. Waters: Good afternoon, I’ll make this very brief. Dr. Horton asked me to
share a little bit of information about our center. We are your community mental health
center, which means that we are a comprehensive provider of behavioral health services
for this community. That includes services to individuals with mental health, addictive
diseases, and also mental instabilities. We serve, as Dr. Horton mentioned, those that are
most in need. By definition, those individuals who without state supported funds would
be unable to function. Now we serve approximately 7,000 individuals and families
throughout the year. 5,000 of those individuals and families are from Richmond County.
Last year alone we served 2,600 individuals who had – adults with mental illness,
approximately 1,200 kids who had emotional behavioral problems, 750 adults with
substance abuse issues, as well as 300 individuals with adult developmental disabilities.
In order to meet the need, we provide a wide range of services ranging from outpatient
visits with a doctor, nurse, counselor, medications, medication administration, going out
into the community serving these clients in their homes and in schools. We’re located
out on Mike Padgett Highway. As much as possible, we try to work with people in the
community, but we can’t do all our services in the community. The average individual
has to take three business tickets to get out to our center. That’s a lot to ask. Now we do
provide transportation. We have about 30 vans. And we get about 160 people to come to
the center each day, but we can’t meet the large need. As state funds continue to dwindle
– we’re not here to ask for money, but any support you can give us in terms of in-kind
contributions or any way, shape or form, we’ll be calling on you. But we felt it was
important every once in a while to get with our local governing officials and let them
know about our services and what we offer, and I appreciate the opportunity to speak to
you today. Thank you.
(A round of applause is given.)
The Clerk:
E. Mr. William McAlhaney (Requested by Commissioner Don Grantham)
RE: Augusta-Richmond County policies
(Mr. McAlhaney was not present)
Mr. Grantham: Mr. Mayor, I had requested this on behalf of Mr. McAlhaney. He
had phoned me and indicated that he would like to make an appearance. I do not know
Mr. McAlhaney, but I was willing to give him those honors and respect as far as a citizen.
I don’t know if he’s here today or not. I guess not, so we can move on.
Mr. Williams: He’s not, Mr. Grantham. I know him. He’s not in the building.
Mr. Grantham: But he did call and ask.
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Mr. Mayor: All right. Thank you, Mr. Grantham. Then we’ll move on to item F.
The Clerk:
F. Mr. Dayton Sherrouse (Requested by Commissioner Barbara Sims)
RE: Southern National Drag Boat Race
Mr. Mayor: Welcome, Dayton, it’s good to have you hear, and I’ll remind you of
the five minute time limit
Mr. Sherrouse: Okay, I’ll try to be as brief as possible. Thank you, Mr. Mayor
and members of the Commission. I’m Dayton Sherrouse and I’m here today in my
capacity as chairman of the Augusta Southern Nationals, Inc., and I have other members
of the board, committee and volunteers, if you’d just raise your hands, that are here today
as well. We were incorporated in 1986 as a Georgia non-profit corporation for the sole
purpose of sponsoring the drag boat races on the Savannah River in Augusta, Georgia.
We held our first race in 1986, and 19 years later we’re still successfully doing it. And I
would like to emphasize the word “successfully” because other events have come and
gone, but we have persevered without financial support from the public sector. We have
no paid staff, only a team of approximately 700 dedicated volunteers of all races and
nationalities who give freely of their time to promote Augusta and provide Augustans a
first class event on the Savannah River. It takes a lot of time and money to put this race
on. This year’s budget was $240,000. We only get our money from three sources: our
corporate sponsors, ticket sales and concessions. We’ve grown to be the premier stop on
the drag boat race circuit. Other cities have come to Augusta and copied how we put on
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the race. According to the Convention & Visitors Bureau, we are the 4 largest outdoor
even in Augusta, contributing between $1.5 million to $2 million to the local economy
each year we have this race. That means our local economy has benefited to the tune of
approximately $30 million since we started this race. This does not include the positive
exposure and promotion that the city receives through articles in numerous magazines
and trade publications represented at the event. There is another winner in this race as
well, and that is our beneficiary. From the very first race, we felt it was important to
provide financial support to a local charity from the proceeds of this race. The MCG
Children’s Hospital, the Ronald McDonald House, and now the local chapter of the
Georgia Special Olympics have received approximately $175,000 from the race since its
inception to support the services they provide to our community. They have also
promoted the city by hosting the statewide bowling tournament here and the annual
Special Olympics at Fort Gordon. Many members of the Special Olympics are in the
crowd here today, in the chamber here today. So why am I here, you might ask. Quite
simply, I am here to respond to unjust and unfair criticism leveled at our organization and
at myself by Commissioner Williams during the Commission committee meeting last
week. Apparently Mr. Williams was offended when he could not gain access to the race
hospitality area without the proper credentials. He chose to express his displeasure about
this some six weeks at a committee meeting and also suggested that he had not seen
enough African Americans at the event to suit him. My board and I have two major
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problems with these comments. First, the implication that our organization is somehow
racist, and I can assure you that is absolutely not the case. Second, that Commissioners
are somehow entitled to unlimited, free access to all events hosted at city venues,
irrespective of ticket and badge requirements of the private sponsors. Let me explain
exactly what happened to offend Mr. Williams. There are two types of tickets that we
sell at the race, the general admission ticket and a patrol badge. We have annually given
each Commissioner, the Mayor, City Attorney, Administrator, Clerk of Commission and
other department heads two patron badges to attend the race. In addition, several
Commissioners over the years have requested and received additional badges at no cost.
These tickets sell for $50 each, so the total value of these two tickets is $100. This year
the total value for these tickets to the city officials was over $3,000. We also have a
corporate hospitality area that is available only for our corporate sponsors of the race.
These badges are not sold, but are part of the benefit package a sponsor receives for their
financial support of the race. During the race, I received a call to come to the hospitality
area. Upon arriving, I found Commissioner Williams trying to convince a security
officer at the door that he should be admitted to the corporate hospitality area with his
patron badge because he was a Commissioner and should be granted access everywhere.
The officer had specific instructions that only personnel with a sponsor badge or a board
badge could gain admittance to this area. I later, in an effort to pacify Commissioner
Williams, I later secured two additional sponsor badges, left them with the security
officer and told Commissioner Williams that he could obtain them from the officer when
he wanted to visit the area but had to return them when he left. At that point I thought the
issue was dead because I never heard anything else again until last week. The thing that
is troublesome to me is that this is a private, ticketed event. We rent the facilities from
the City. They are not free. If it’s a condition of renting the facilities, full and free access
to all parts of the event provided to all the Commissioners, then this body should vote on
it and make it a condition of the rental agreement. This way, there will be no surprises
when a Commissioner shows up and wants back stage admission the day of the country
music festival or to drop in on a wedding recession at the boathouse. The volunteers of
the Augusta Southern Nationals have worked hard to make this a first class event. It
takes a tremendous amount of time. Again, I will point out that it’s done all by
volunteers. We have already started meeting and working on next year’s event. We were
under the impression that this is the type of activity that the city wants and supports. If
this is not the case, then tell us because I can assure you that there are plenty of things we
can all do with our time that each of contributes to the city through this event. If we did
not sponsor this race, then the community, and not any individual, would be the ultimate
loser. We should encourage volunteerism for all our citizens, promoting sponsorship for
other groups to sponsor similar events, thereby improving the quality of life for all
citizens.
Mr. Mayor: Dayton, I’m going to have to call time on you. Thank you.
Anything further?
Mr. Williams: Yes, sir, Mr. Mayor, I’d like to quickly respond to those lies and
those accusations that was made.
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Mr. Mayor: Let me say this.
Mr. Williams: No, sir, Mr. Mayor, no, sir.
Mr. Small: You’ve got five minutes.
Mr. Mayor: Mr. Small, I’m presiding over this meeting and I’ll state what the
rules are. Mr. Williams, I’m going to let you respond, but let’s recognize the rules of the
Commission. We’re not into debate here.
Mr. Williams: I understand. I sit and listen to the entire summary that Mr.
Sherrouse brought forth. First of all, I said and those was flat out lies to say that I tried to
gain access into a corporate area. I did, as Mr. Sherrouse has said, I received the tickets
not just this year, but several years. And on my approach, on my entrance to the
boathouse, I was given access to the boathouse. When I went to go in what they call the
corporate sponsors area, the security guard said it was for the corporate sponsor. I said
that was fine and the fireman who was there was able to go up and get Mr. Sherrouse and
bring him back. He said well, this is for corporate sponsors. I said well, it’s a city
function, is that not right? I said last year I was able to attend. Well, I said if that’s the
rules then that’s fine. I walked outside. And Mr. Mayor, I do have a witness to that and
could bring forth to verify everything I’m saying cause I wasn’t alone. Had one other
person with me. We walked outside, stood on the deck, watched the boats. Mr.
Sherrouse came out and said well, look, I found some badges. I said no, if that’s the case,
I don’t want to break the rules. But I find out in later conversation that Mr. Russell, who
is city Administrator, or Interim Administrator, had access to the corporate sponsors and
everything else. So my question was, was not the city a corporate sponsor? We leased or
rent the facility and it don’t belong to Recreation, it does belong to the City, the City of
Augusta, and for $1400 for four, maybe five days, I think it’s [inaudible] and Mr. Beck
explained that that was a reduced price. Well, if that doesn’t make this city a corporate
sponsor, then I want to know what does. I didn’t ask to go up to eat the food or anything.
I was just touring the building. And on last year, Mr. Mayor, we had all opportunity to
any part of the facility I want. Mr. Sherrouse came down on a golf cart to pick me up
halfway the river and I explained to him everything was fine, I had no problem. I said
maybe you have some next year. I am a elected official, like it or not. I didn’t go to try
to barge in, to take over, to do anything else. When this happened, Mr. Mayor, I started
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to look around. This is the 19 year of this race. When you look at people of color,
when you look at black folks, I counted 12. That was included the people that was doing
the serving. What I said was if the city made, if the boat races drew in some money, if
they drew in a million dollars, they missed another million. There’s people of all races
and all sexes that love speed. And Mr. Mayor, if you want to see what a race ought to be,
if you look at the people that was doing the advertising, who they doing advertising with,
was not people of color. And I told Mr. Sherrouse those very same words. All I asked
him to do is just to be fair and be open minded. Now if it was such a corporate deals,
then elected officials could not go, then why was our Administrator allowed access? So
those, those, those statements, Mr. Mayor, I don’t have no problem with. That’s his
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opinion. He’s entitled to that. I still think for the 19 annual event, this race ought to
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look like a city, and not a one sided city. And if you look the facility and look at what’s
being done there, you going to see how one sided it really is. I had nothing to do with the
amount of sponsor or the amount of money they raised, that was not my issue. I have no
problem with that. But because, because I was denied access I thought it was totally
wrong. I was the only one, now, that was denied access. So if it’s a corporate deal and
that’s the reason, then why was anybody else allowed access? So I just think that was
blatant wrong, Mr. Mayor, and I don’t apologize for anything I said and anything I did. I
think it was still wrong and I’m going to hold to that.
Mr. Mayor: Thank you, Mr. Williams.
Mr. Sherrouse: Thank you.
Mr. Mayor: Thank you, Mr. Sherrouse. The next is item G.
The Clerk:
G. Mr. John K. Small, Sr. (Requested by Commissioner Boyles)
Mr. Mayor: John, your five minutes is ticking away here.
Mr. Small: Don’t worry about it, Bob. I’m going to take my five minutes. I put
taxes into this city, I’m going to take my five minutes. I either going to do it here or I’m
going to do it on the street.
Mr. Mayor: Under the rules of the Commission –
Mr. Small: That’s fine. I’ve got five minutes, right? And what I want to do, you
guys are leading me to run for Mayor of this town, because what I’ve seen is nothing but
confusion. And what I’d like to do is come as a peacemaker. When I hear different
things, and over the years of my living in this town and working in this town, by the 1970
when I became All American and they wanted to have a night for me here, we had the
riots, and the racial situation has gone on and on and on and on, so don’t deny it. It’s
been there. It’s still there. And I’ve got enough guts to defend what I stand for, because I
come today to speak to you on behalf of God. And you ask it, because I’ve died and I’ve
been to heaven and I came back off an operating table and God has a message for you,
and you’re going to listen to it or He’s going to just turn you over to his punishment of
what He’s going to do. Now if you don’t like it and the ACLU wants to come in here,
then they can sue me all they want to cause I’m going to break them at the bank and
they’re going to be broke. And Sylvia, if you’re from The Chronicle, you better take
down everything I say and you better make it right. Because what I’m going to do is,
what I say, I’ll end up suing the newspaper if it’s wrong. Record it, cause I want you to
hear it. I want to read to you Psalm 1. I want you to listen to me carefully. I only have
five minutes. But you had young men in here playing baseball. Tom Beck, you know
me, don’t you? Have I ever asked you to pay me anything for what I done for your
Recreation Department? Have I come and given freely? The reason is I fight for kids in
13
this town. I have been doing ministry work for 40 years, getting kids off drugs and you
talking about speed – you want speed. Speed is being sold in the black neighborhoods
and the white neighborhoods. It’s all over this town. Is there any reason why we have
93% of the corporations in the state of Georgia that will not drug test their people? It’s
an easy thing to run a business, if you know how to run a business. Psalm 1 says this:
Blessed is the man that walketh not in the counsel of the ungodly, nor standeth in the way
of sinners, nor sitteth in the seat of the scornful. His delight is in the law of the Lord, and
in His law doth he meditate day and night. And he shall be like a tree, planted by the
rivers of water, that bring forth his fruit in his season. His leaf also shall not wither, and
whatever so he does shall prosper. The ungodly are not so, but are like the chaff which
the wind driveth away. Therefore, the ungodly shall not stand in the judgment nor
sinners in the congregation of the righteous. For the Lord knoweth the way of the
righteous, but the way of the ungodly shall perish. I go to Ephesians. Listen to this. I
want you to take it in. I want you to go to God tonight. I want you to pray tomorrow at
12:00 o’clock to 6:00 o’clock. If you have not got your lives right, and Andy Cheek is
being asked right now to resign. That man has totally stepped across the boundaries to be
a DUI and to be able to sit on this council, and think he’s honorable for doing that.
That’s the wrong example for our children. Let me tell you something, you’re not going
to break me. God’s prospered me. God’s allowed me to take a penny and build my
business, and I’m going to make millions, and I’m going to come back in this city and
spend millions, and if you don’t like what I’m doing I’m going to campaign to get you
out of office if you’re doing the right thing. I went the other day because God led me to
Charles Walker, and Charles Walker is going to go to jail, he’s going to take his daughter
to jail with him because he’s a crook. But people in this town are worried about say
something about Charles Walker because he may know something on you. Well, you
take anything you want to on me and bring it to the surface. I’m going to fight for those
Dixie Youths and I’m going to fight for the kids in our school system. And I’m man
enough – I’ve had two amputations, part of my right foot, part of my left foot, and I had a
heart attack in between and I’m more of a man than any man sitting on this council. And
what I see is I see deceit and I see lies. Oh, Andy is not the only one that’s guilty. Let
me tell you of another. There is a top leading official that is a banker, and somehow his
DUI went away. Folks, I’m going to tell you, I know the story on people. I’ve been into
the whore houses. I’ve been into the book clubs. I’ve been into the bars. I’ve seen the
people of this town that are elected officials and different people and there are things on
them that God is going to reveal and He sent me here today to tell you to get it right with
Him and ask for salvation and then become righteous in what you’re doing and come to
this chamber that are godly every day. I’m not going to back down when the ACLU
takes me off. Come on. Bring them on. I’ve got lawyers that want to defend me. Free.
They’re going to spend money. And Bob, I want to share something with you, brother. I
love you to death. I think you know that. I told you before, didn’t I? When you should
have been here, not in Florida. [inaudible] storms that go every single day, 365 days, two
[inaudible], two blocks away. You don’t need to be in Florida. You need to be here
managing the city. And I tell you as a friend. I went to Charles Walker as a friend. I go
to Charles Walker, I want to be your friend. I love you. I tell you something [inaudible]
and I’ve always spoken the truth, haven’t it [inaudible]. My friend, I played ball with.
I’ve [inaudible] lied to by [inaudible] all the other people in pro ball. [inaudible] but it
14
was all because of God [inaudible], not me. Instead of us being down in Florida, we need
to be here. We need to send water down there, food down there, money down there, but
we need to get our city right. We can’t protect those kids [inaudible] we got gangs in this
town [inaudible]. I messed with gangs when I was up in Detroit. I ministered to them. If
I don’t have more than just a few more minutes of the five minutes, I’ll do it on the street,
but here’s the thing.
Mr. Mayor: Your time is up. Your five minutes are up.
Mr. Small: Thank you very much. I appreciate that, and I’ll see you guys on the
street.
Mr. Mayor: Thank you, John.
Mr. Small: [inaudible] Radisson hotel tomorrow between 12:00 and 6:00. If you
don’t I will bring it all public. And you will be embarrassed an so will your families.
Thank you very much. Bob, I appreciate it.
Mr. Mayor: Thank you. Next?
The Clerk:
H. Mr. Brian Green
RE: Community initiative and impractical government spending
Mr. Mayor: Brian, welcome. You have five minutes.
Mr. Green: Amen, Mr. Small.
Mr. Small: [inaudible]
Mr. Green: I’m here to talk about two different things here today. Ladies and
gentlemen of the Commission, community first is one and excessive government
spending is another. And before I go into it, before I forget this, one thing I’d like to
mention to you is I’d like this Commission to promise once and for all that the policy,
once and for all, that we would never, ever bring forth major projects or policy – let me
just stay on projects – major projects in the millions of dollar range without having done
a feasibility study. In other words, thoroughly investigating the impact on the community
and to have [inaudible]. I think that would be a good public image for our Commission
to take, as far as [inaudible] good, practical procedures or policies. I’d like to see this
Commission take up that philosophy. I don’t think that we should continue to
recommend projects in the community when we cannot justify them down the road. In
other words, we don’t have a – we have a way to bring forth these projects but we
haven’t thoroughly investigated how we are going to sustain the projects, I guess that’s
what I’m trying to say. On that same note, we’ve had salary studies. We’ve had a judicial
study. An efficiency study over the years [inaudible] before some of you came aboard. I
15
realize that. But what is the purpose of having the study if you’re not going to implement
sound policies after the study is completed? In other words, why have professionals do a
study and you’re not going to take their advice on it? Or their professional direction?
The other thing, Mr. Mayor, is community first. I’ve always been told that you take care
of home first, and just like Mr. Small mentioned just now, that we’ve had people burned
out here in Augusta and I have spent [inaudible] between 50 and 100 people here in
Augusta, Georgia, we can say per year that are displaced from their homes because of fire
or other tragedies. I guess mainly fire. And I’d like to see us start generating funds and
actions that are going to benefit our citizens first and foremost. This is all part of
community first, taking care of your home first, and I’d like to echo something Mr. Small
said just now, that out of the grand jury investigation that was initiated, when the incident
happened in New York, 9/11, even the thing in Florida and maybe one other thing, sir,
your presence was missed. So I’m in total agreement of Mr. Small on that issue here.
We need to be here. We need to show the citizens of this community that this community
does in fact come first and all our efforts, policies and procedures are going to be
employed to enhance the quality of life, add to a more efficient government, and improve
our economic base. Those are the main points I wanted to get across today. I just
ultimately, I ultimately don’t feel that we can continue on the way that we are doing. I
don’t feel that we can continue just throwing money, figuratively speaking out the
window. That we continue bickering the way we do here and prosper as a community,
and that is just my message today. I know it ties in to some other things I said when I
came before this group here. If this Commission would consider this one suggestion I
make today as far as spending is concerned, I think it would help us, I think it would help
our public image. I think we can put ourselves back on track with attracting industry,
attracting tourism, all those good things, any prospering city enjoys. That’s all I have.
Mr. Mayor: Madame Clerk, we’ll move along with the consent agenda.
The Clerk: Yes, sir. Our consent agenda consists of items 1 through 56.
That’s items 1 through 56.
Under the public services portion of the agenda, for the benefit of any objectors,
I’ll read the petitions for alcoholic beverages license, and if there are any objectors,
would you please signify your objection by raising your hand?
PUBLIC SERVICES:
4. Motion to approve a request by Shawn P. Ledford for an on premise
consumption Liquor, Beer & Wine license to be used in connection with Mission
located at 1157 Broad St. There will be dance. District 1. Super District 9.
(Approved by Public Services Committee August 30, 2004)
5. Motion to approve a request by Anderson B. Jones for a retail package Beer
& Wine license to be used in connection with Sprint Food Store #721 located at 3096
Deans Bridge Rd. District 6. Super District 10. (Approved by Public Services
Committee August 30, 2004)
6. Motion to approve a request by William M. Guthrie for an on premise
consumption Liquor, Beer & Wine license to be used in connection with 1102
16
Downtown located at 1102 Broad St. There will be Sunday sales. District 1. Super
District 9. (Approved by Public Services Committee August 30, 2004)
7. Motion to approve a request by Lisa Edmonds for an on premise
consumption Liquor, Beer & Wine license to be used in connection with The Good
Life Lounge located at 3602 Milledgeville Rd. There will be dance. District 4. Super
District 9. (Approved by Public Services Committee August 30, 2004)
8. Motion to approve a request by Sumitra Patel for a retail package Beer &
Wine license to be used in connection with S & K Food Store located at 1342
Gordon Hwy. District 1. Super District 9. (Approved by Public Services Committee
August 30, 2004)
9. Motion to approve a request by Fifi Hartley for an on premise consumption
Liquor, Beer & Wine license to be used in connection with Kissingbower Bar &
Grille located at 1801-A Kissingbower Rd. There will be Sunday sales. District 5.
Super District 9. (Approved by Public Services Committee August 30, 2004)
10. Motion to approve a request by John C. Fleming for an on premise
consumption Liquor & Beer license to be used in connection with Biggie’s Sports
Bar located at 1102-B Broad St. District 1. Super District 9. (Approved by Public
Services Committee August 30, 2004)
11. Motion to approve a request by Yong Clay for a retail package Beer & Wine
license to be used in connection with J T Grocery located at 2062 Old Savannah Rd.
District 2. Super District 9. (Approved by Public Services Committee August 30,
2004)
12. Motion to approve a request by Ronald Murry for a retail package Liquor,
Beer & Wine license to be used in connection with Murry’s Package Shop located at
2102 Martin Luther King Blvd. District 2. Super District 9. (Approved by Public
Services Committee August 30, 2004)
The Clerk: Are there any objectors to any of these alcoholic beverage licenses?
Mr. Mayor: No objectors are noted. We don’t have any zoning issues. We don’t
have any zoning?
The Clerk: No.
Mr. Mayor: Lady and gentlemen, what’s your desire with respect to the consent
agenda? Do we have a motion to approve?
Mr. Colclough: A motion to approve.
Mr. Mayor: Is there a second to the motion to approve?
Mr. Boyles: Second.
Mr. Mayor: Would you like to pull some items? Mr. Grantham?
17
Mr. Grantham: Yes, sir, Mr. Mayor, I’d like to pull item number 26 and delay
that for discussion until we can have a meeting with the employees that this plan can be
explained.
Mr. Williams: Mr. Mayor?
Mr. Mayor: We’ll pull item 26. Mr. Williams?
Mr. Williams: I need some clarification. Don’t know if we need to pull it, but I
need some clarification, and the attorney may be able to help me out on 41, does that
need a second reading, Steve, or does that mean that once we vote on this that this – I
mean I’m not fighting it either way, but I just need to know should there be a second
reading?
Mr. Shepard: 41?
Mr. Williams: Yeah.
Mr. Shepard: It’s a resolution, Mr. Williams.
Mr. Williams: So you don’t need –
Mr. Shepard: No. You can pass it.
Mr. Williams: I’ve got no problem. I was just wondering.
Mr. Mayor: All right, the only item we’ve asked to be pulled is item 26. Are
there any others?
Mr. Shepard: Mr. Mayor?
Mr. Mayor: Mr. Shepard?
Mr. Shepard: For a technical correction of the minutes the meeting that
began on the 31st and concluded on the second, the last two votes I believe there
were only eight Commissioners present and there were indicated that they passed
10-0 so I would ask that those corrections be made.
Mr. Mayor: Okay.
CONSENT AGENDA ITEMS:
PUBLIC SERVICES
:
1. Motion to approve bid item 04-108, material testing and NPDES
inspection/monitoring for the Diamond Lakes Center/Library construction to
18
Graves Engineering for $12,945.00. (Approved by Public Services Committee
August 30, 2004)
2. Motion to approve the transfer of $20,000 SPLOST IV funds from Bernie
Ward Center to Apple Valley Park. (Approved by Public Services Committee
August 30, 2004)
3. Motion to approve a request by Kimberly K. Woods for a Therapeutic
Massage license to be used in connection with Hand Over Stress located at 106
Pleasant Home Rd. District 7. Super District 10. (Approved by Public Services
Committee August 30, 2004)
4. Motion to approve a request by Shawn P. Ledford for an on premise
consumption Liquor, Beer & Wine license to be used in connection with Mission
located at 1157 Broad St. There will be dance. District 1. Super District 9.
(Approved by Public Services Committee August 30, 2004)
5. Motion to approve a request by Anderson B. Jones for a retail package Beer
& Wine license to be used in connection with Sprint Food Store #721 located at 3096
Deans Bridge Rd. District 6. Super District 10. (Approved by Public Services
Committee August 30, 2004)
6. Motion to approve a request by William M. Guthrie for an on premise
consumption Liquor, Beer & Wine license to be used in connection with 1102
Downtown located at 1102 Broad St. There will be Sunday sales. District 1. Super
District 9. (Approved by Public Services Committee August 30, 2004)
7. Motion to approve a request by Lisa Edmonds for an on premise
consumption Liquor, Beer & Wine license to be used in connection with The Good
Life Lounge located at 3602 Milledgeville Rd. There will be dance. District 4. Super
District 9. (Approved by Public Services Committee August 30, 2004)
8. Motion to approve a request by Sumitra Patel for a retail package Beer &
Wine license to be used in connection with S & K Food Store located at 1342
Gordon Hwy. District 1. Super District 9. (Approved by Public Services Committee
August 30, 2004)
9. Motion to approve a request by Fifi Hartley for an on premise consumption
Liquor, Beer & Wine license to be used in connection with Kissingbower Bar &
Grille located at 1801-A Kissingbower Rd. There will be Sunday sales. District 5.
Super District 9. (Approved by Public Services Committee August 30, 2004)
10. Motion to approve a request by John C. Fleming for an on premise
consumption Liquor & Beer license to be used in connection with Biggie’s Sports
Bar located at 1102-B Broad St. District 1. Super District 9. (Approved by Public
Services Committee August 30, 2004)
11. Motion to approve a request by Yong Clay for a retail package Beer & Wine
license to be used in connection with J T Grocery located at 2062 Old Savannah Rd.
District 2. Super District 9. (Approved by Public Services Committee August 30,
2004)
12. Motion to approve a request by Ronald Murry for a retail package Liquor,
Beer & Wine license to be used in connection with Murry’s Package Shop located at
2102 Martin Luther King Blvd. District 2. Super District 9. (Approved by Public
Services Committee August 30, 2004)
19
13. Motion to approve the extension of an employment agreement for Richard
Hatfield, Newman Tennis Center Manager. (Approved by Public Services
Committee August 30, 2004)
14. Motion to approve an A/E contract with Davis Design Group for park design
at Apple Valley Park in the amount of $9,000. (Approved by Public Services
Committee August 30, 2004)
15. Motion to approve a request for approval of FAA Lease No. DTFASO-04-L-
00125 for 1,296 square feet of rental office space in the airport Weather Bureau
Building and approximately 863 square feet of rent-free storage space. (Approved
by Public Services Committee August 30, 2004)
16. Motion to approve an amendment to Augusta Richmond County Code:
Health and Sanitation, so as to provide for the abatement of rats or other rodents,
and waive 2nd reading. (Approved by Public Services Committee August 30, 2004)
17. Motion to approve an Ordinance that will set forth rules and regulations to
govern the operation of junk yards, salvage yards and recycling facilities, and
approve an ordinance amending the ‘Administrative Fee Structure’ to include a
regulatory fee for businesses operating as junk yards, salvage yards and recycling
facilities. (Approved by Public Services Committee August 30, 2004)
ADMINISTRATIVE SERVICES:
18. Motion to approve the restructuring of Probate Court. (Approved by
Administrative Services Committee August 30, 2004)
19. Motion to approve the Transition Center property foreclosure pursuant to
default on HUD loan. (Approved by Administrative Services Committee August 30,
2004)
20A. Approve receipt of a grant from the Corporation for National and
Community Service (CNCS) and enter into contractual arrangement to serve as the
municipality’s “Umbrella Sponsoring Organization.”
20B. Authorize entering into contractual leasing arrangement to establish
AmeriCorps VISTA Work Site Center. (Approved by Administrative Services
Committee August 30, 2004)
21. Motion to accept the recommendations of the EEO/MBE Subcommittee of
three names for the position of DBE Paul Cerpa, Yvonne Gentry and Winston Hill.
(Approved by Administrative Services Committee August 30, 2004)
22. Motion to approve a request from the Central Savannah River Resource
Conservation & Development Council, Inc. for the addition of individuals to be
added to Augusta Richmond County’s list of certified persons to conduct matters of
business pertaining to the acquisition and utilization of surplus property acquired
through Georgia Department of Administrative Services. (Approved by
Administrative Services Committee August 30, 2004)
23. Motion to approve an assignment of lease regarding Steve Gurley as Tenant,
the City of Augusta as Landlord and Laney Walker Development Corporation as
Agent for the space at #10 Armstrong Galleria, 843 Laney Walker Blvd. (Approved
by Administrative Services Committee August 30, 2004)
24. Motion to approve early retirement of Mr. David Wright under the 1949
Pension Plan. (Approved by Administrative Services Committee August 30, 2004)
20
25. Motion to approve an Environmental Inspector position – Salary Grade 44
that will be responsible in part for the enforcement of the proposed junk yard,
salvage yard and recycling facility ordinance. (Approved by Public and
Administrative Services Committees August 30, 2004)
26. Deleted from the consent agenda.
27. Motion to approve an Ordinance providing for the demolition of certain
unsafe and uninhabitable properties in the South Richmond Neighborhood: 2405
Quail Court West, (District 6, Super District 10); and waive 2nd reading. (Approved
by Administrative Services Committee August 30, 2004)
28. Motion to approve an Ordinance providing for the demolition of certain
unsafe and uninhabitable properties in the Laney-Walker Neighborhood: 839
Barnes Street, 1017 Bennett Lane, 1032 Eighth Street, 1034 Eighth Street, 1106
Tenth Street, 913 Twelfth Street, (District 1, Super District 9) and 1251/1253
Florence Street, 1230 Holley Street, (District 2, Super District 9); Turpin Hill
Neighborhood: 1506 Bleakley Street, 1647 Morgan Street, (District 5, Super District
9), and 1685 Lucky Street, (District 2, Super District 9); Bethlehem Neighborhood:
1524 Swann’s Lane, 1626 Martin Luther King Boulevard, 1838 Grand Boulevard,
(District 2, Super District 9); South Augusta Neighborhood: 859 Fifteenth Avenue,
(District 2, Super District 9); and waive 2nd reading. (Approved by Administrative
Services Committee August 30, 2004)
FINANCE:
29. Motion to approve the 1949 Pension Plan increase for retirees. (Approved by
Finance Committee August 30, 2004)
30. Motion to approve request to abate taxes on City property (Map 58-2, Parcel
87.01 & Map 61-1, Parcel 104). (Approved by Finance Committee August 30, 2004)
31. Motion to approve an appropriation from the Promotion Account to reorder
fifty Augusta city flags from Ruffin Flag Company at total cost of $752.00 plus
shipping. (Approved by Finance Committee August 30, 2004)
32. Motion to approve a request from the Parade of Quartets regarding the
purchase of a full page ad in the amount of $285.00 for the Parade of Quartets 50th
Anniversary Golden Drum Awards Banquet & Ceremony from Promotion Account.
(Approved by Finance Committee August 30, 2004)
33. Motion to approve funding associate with the restructuring of the Probate
Court in an amount not to exceed $11,000 from the General Fund Contingency.
(Approved by Finance Committee August 30, 2004)
PUBLIC SAFETY:
34. Motion to approve request for Augusta, Georgia to serve as fiscal agent to
administer funding for Augusta’s portion of the Federal Reentry Initiative Grant
award subject to the Finance Director’s review. (Approved by Public Safety
Committee August 30, 2004)
35. Motion to approve awarding of contract to low bid by R.C.N. Contracting,
Inc. (Approved by Public Safety Committee August 30, 2004)
21
36. Motion to award Bid Item #04-081A to IntelliSystems for the technology
annual hardware maintenance contract. (Approved by Public Safety Committee
August 30, 2004)
37. Motion to approve LBL Technology Partners as vendor of choice, in
accordance with RFP 04-063, for a Security Audit and Policy Review. (Approved by
Public Safety Committee August 30, 2004)
38. Motion to approve purchase of 54 additional Mobile Data Terminals and
related items for the Sheriff’s Office. (Approved by Public Safety Committee August
30, 2004)
39. Motion to adopt the use of NIMS – ICS for Public Safety in Augusta
Richmond County. (Approved by Public Safety Committee August 30, 2004)
ENGINEERING SERVICES:
40. Motion to approve for the installation of street lights and signs on Dogwood
Lane subject to residents executed of petition. (Approved by Engineering Services
Committee August 30, 2004)
41. Motion to approve Resolution requesting a road name change of the 1500
block of Kissingbower Road and Troupe Street to Troupe Street. (Approved by
Engineering Services Committee August 30, 2004)
42. Motion to approve Capital Project Budget Change Number Two transferring
$39,000 from project contingency to project engineering (CPB # 323-04-296823521).
Also approve Supplemental Agreement Number One with W. R. Toole Engineers,
Inc. in the amount of $39,000 for the Old Savannah Road Improvements Project.
(Approved by Engineering Services Committee August 30, 2004)
43. Motion to approve the Deeds of Dedication, Maintenance Agreements and
Road Resolutions submitted by the Public Works and Engineering and Augusta
Utilities Departments for Cambridge Subdivision, Section Five. (Approved by
Engineering Services Committee August 30, 2004)
44. Motion to approve the Deeds of Dedication, Maintenance Agreements and
Road Resolutions submitted by the Public Works and Engineering and Augusta
Utilities Departments for Cambridge Subdivision, Section Six, Phase One.
(Approved by Engineering Services Committee August 30, 2004)
45. Motion to approve the Deeds of Dedication, Maintenance Agreements and
Road Resolutions submitted by the Public Works and Engineering and Augusta
Utilities Departments for Cambridge Subdivision, Section Seven. (Approved by
Engineering Services Committee August 30, 2004)
46. Motion to approve the Deeds of Dedication, Maintenance Agreements and
Road Resolutions submitted by the Public Works and Engineering and Augusta
Utilities Departments for Breckenridge Subdivision, Section Four. (Approved by
Engineering Services Committee August 30, 2004)
47. Motion to approve the Deeds of Dedication, Maintenance Agreements and
Road Resolutions submitted by the Public Works and Engineering and Augusta
Utilities Departments for Breckenridge Subdivision, Section Five, Phase One.
(Approved by Engineering Services Committee August 30, 2004)
48. Motion to approve the Deeds of Dedication, Maintenance Agreements and
Road Resolutions submitted by the Public Works and Engineering and Augusta
22
Utilities Departments for Breckenridge Subdivision, Section Five, Phase Two.
(Approved by Engineering Services Committee August 30, 2004)
49. Motion to approve the Deeds of Dedication, Maintenance Agreements and
Road Resolutions submitted by the Public Works and Engineering and Augusta
Utilities Departments for Breckenridge Subdivision, Section Six. (Approved by
Engineering Services Committee August 30, 2004)
50. Motion to approve Deductive Change Order #1 to the Hwy. 56 & Franklin
Covenant Water Improvement Project for project closeout. (Approved by
Engineering Services Committee August 30, 2004)
51. Motion to approve and accept the Deed of Dedication and Maintenance
Agreement for the water and sanitary sewer mains with applicable easements for
Wheeler Road Joint Venture. (Approved by Engineering Services Committee
August 30, 2004)
52. Motion to approve execution of agreement for Georgia Power Lighting
Services to provide site lighting for the Pistol Range Road Raw Water Pumping
Station and N. Max Hicks Water Treatment Plant. (Approved by Engineering
Services Committee August 30, 2004)
53. Motion to approve funds in the amount of $116,937.00 for professional
services from the Pressure Pipe Inspection Company (USA) Inc. to inspect the 42”
Raw Water Line. (Approved by Engineering Services Committee August 30, 2004)
54. Motion to authorize the Augusta Utilities Department to prepare bid
packages and pre-purchase selected equipment to be used on the Highland Avenue
Water Treatment Plant Improvements Project. (Approved by Engineering Services
Committee August 30, 2004)
55. Motion to authorize execution of Contract Amendment No. 2 with
Montgomery Watson Harza (MWH) for the reimbursement of sales taxes paid for
water treatment equipment purchased in the amount of $613,226. (Approved by
Engineering Services Committee August 30, 2004)
PETITIONS AND COMMUNICATIONS:
56. Motion to approve the minutes of the regular meeting of the Commission
held August 17, 2004 and the Special Called Meetings August 26 and 31, 2004.
Mr. Mayor: All in favor of the consent agenda, as moved, minus item 26, please
vote with the usual sign.
Motion carries 7-0. [Items 1-25, 27-56]
Mr. Mayor: If you’d read the caption.
The Clerk:
26. Motion to approve reopening the 1977 Defined Benefit Pension Plan and
closing the 1998 Defined Contribution Plan with amendments to the 1977 Pension
Plan. (Approved by Administrative Services Committee August 30, 2004)
23
Mr. Mayor: Mr. Grantham?
Mr. Grantham:
Thank you, Mr. Mayor. Since Mr. Hankerson, the
Administrative Services Chairman is not here, he and I discussed this issue and we talked
about during our committee meeting last week, and it seems to be a little confusing I
think not only to me and to our committee, is why you don’t see a recommendation from
the chairman. I think we did approve it, but the point I’m making is it was confusing that
I’ve had several calls over the weekend and parts of last week in regards to what is
actually taking place when this transition is made. And I feel like that we need to give
our employees due time in order to come and discuss these issues, so that they will know
what is taking place and we, too, will know before we go ahead and vote on something.
So I’m asking that we pull this and not take any action on it today until we can have
an employee meeting, discuss it with them, have our Administrator pull this
together and let’s do it as soon as possible, but I feel like it’s of importance now to
take this in hand.
Mr. Mayor: Is there a second to that motion?
Mr. Boyles: I’ll second that, Mr. Mayor?
Mr. Mayor: Mr. Smith?
Mr. Smith: Thank you, Mr. Mayor. I, too, have had a lot of calls concerning this,
and I agree with my colleague there that we definitely need some more time on it. Thank
you.
Mr. Mayor: Yes, Mr. Boyles?
Mr. Boyles: Mr. Mayor, I agree that we need to take a little more time, because
we just went through a smoking ordinance and we had a public hearing so I think we
should at least, on something that is this major that affects our employees, and the
majority of our department heads and employees have asked for this, so I think it’s just a
matter of getting some of the mechanics straightened out, and I think Rev. Hankerson
would agree with that and maybe we can get this done before our meeting because we did
hope to get this instituted before the 2005 budget year.
Mr. Mayor: It shouldn’t be difficult to identify the affected employees and get
them message to them directly. It can probably be done fairly quickly. Mr. Shepard?
Mr. Shepard: And in addition to that, maybe a referral to pension counsel, which
you may want to do to be in total compliance [inaudible] IRS and other laws affecting
this.
Mr. Mayor: Don’t want to jeopardize your IRS status, that’s for sure. Anything
further on that? We have a motion to defer this. All in favor of the motion, please vote
with the usual sign.
24
Motion carries 7-0.
PUBLIC SERVICES:
57. Motion to approve an organizational structure in the Recreation and Parks
Department to accommodate additional Senior Service responsibilities at a cost of
$17,014 for the remainder of 2004. (No recommendation Public Services Committee
August 30, 2004)
[Item 57 was deleted from the agenda]
Mr. Mayor: That takes us to item number 58.
The Clerk:
58. Approve selection of Parsons Brinckerhoff Construction Services, Inc. for
the airport Construction Program Manager Services. (Additional information
requested) (No recommendation Public Services Committee August 30, 2004)
Mr. Mayor: I think there was some additional information that had been
requested. Did you bring that today, Mr. Boshears?
Mr. Boshears: It should have been included in your packet.
Mr. Mayor: Does that answer the question?
Mr. Boshears: The airport did an RFP back in the beginning of the summer to
select firms to provide construction management services in the construction of the terms.
12 firms responded. There was a selection committee of three members of the Aviation
Commission, two members of airport staff, and Ms. Sams from Purchasing. From those
12, three were selected to interview, and after the interviews they were ranked one, two
and three, and Parsons Brinckerhoff was the number one rated firm and was the one
selected by the Aviation Commission. Mr. Johnson and Mr. Silverstein negotiated the
fee that’s in the agenda item.
Mr. Mayor: Gentlemen, lady?
Mr. Colclough: I move to approve.
Mr. Grantham: Second.
Mr. Mayor: Motion and second. Discussion? All in favor of the motion, then
please vote with the usual sign.
Motion carries 7-0.
25
Mr. Boshears: Thank you, Mr. Mayor.
Mr. Mayor: Thank you, Mr. Boshears. Item 59.
The Clerk:
ENGINEERING SERVICES:
59. Approve travel and training reimbursement for Director of Public Works.
(Requested by Commissioner Marion Williams)
Mr. Mayor: Mr. Williams?
Mr. Williams: Thank you, Mr. Mayor. I mentioned earlier when we presented
earlier with the plaque that monies was set aside for her to go to this training for the city
of Augusta. For whatever reason, the money was deferred to some other place. I don’t
know the details of that. The attorney or somebody else may know, but the staff, the
community that worked with her was so impressed with her they reimbursed part of the
money that she [inaudible] to travel, for hotels, fees and food and everything else. I
would like to make a motion that we look at at least refunding the total amount that the
group did not bring to her, Mr. Mayor, and that we be good stewards of what we had
planned. There are some details that I’m not too familiar with. Some but I don’t want to
get into those yet. If we need to talk about those later, we can, but that’s my motion to
try to fulfill the group at the [inaudible], working with her, they drove some ten hours,
like I said, to bring a check to her. They found out that she had fronted her entire trip
herself, out of her own pocket, and it had already been approved, the previous
Administrator – not this Administrator but the previous Administrator – had some
changes and something came about, too late to cancel out, so she took it upon herself and
to go on through with the trip.
Mr. Mayor: Mr. Williams, before I ask for a second let me just ask would the
intent of your motion be then that the Administration would identify what that balance is
and the source from which it would be paid? Get all that in one motion?
Mr. Williams: Yes, sir. That’s fine.
Mr. Mayor: Is there a second to that motion?
Mr. Colclough: Second.
Mr. Mayor: We have a motion and second. Discussion? All in favor of the
motion –
Mr. Grantham: Mr. Mayor, I have –
Mr. Mayor: You’ve got to be quick.
26
Mr. Grantham: You’ve got to watch.
(Laughter)
Mr. Grantham: I want to go back a little bit, and I don’t mind reimbursing money
and I know this is an educational cost. Last Thursday night, we sat here, last Wednesday
night we sat here and we, we played with money like it was Monopoly money. And I’m
telling you, it was just something we went through a lot of time in getting that situation
resolved last week in reference to our SPLOST. But I recall receiving in May a letter,
and I don’t know the reason, either, Mr. Williams, as to why, why Ms. Smith was denied
either the funds or the right to go. But we received a letter indicating that she would like
to go and she would pay her own way and she would take her time in doing that. And
I’m sure she probably had to take vacation time, as well. I don’t know if that was
granted. The only thing that I heard when she was leaving was that she was going to do it
herself because she wanted to get the credentials and the education that was needed there.
And granted, certainly those credentials and education helps us. But I think we could put
ourselves in a back and get our backs to the wall and you know, whatever little bit of
money it amounts to, I feel like we just need to really discuss this before we just starting
doing this with every director or every person that comes in. If Mr. Russell knows a
reason as to why it was denied or not granted, the original request, then I’d like to know
that, because all I got was a letter stating this is what I’m going to do in my regards and
I’m going to do it on my own, and I applaud her for doing that. I mean we all had to pay
for our education, we all had to go like – some of you are like me, had to go to the bank
and borrow money if you could. If you couldn’t, you had to go get a loan somewhere, a
free loan. But I think it’s a compliment to Ms. Smith, what she did, but I think we need
to go by her request as to what she requested in the initial stages that she was going to do
just that. So that’s my only comment. I just want to know the story before I go voting on
something.
Mr. Mayor: Mr. Williams, can you respond?
Mr. Williams: Yes, sir, maybe I can enlighten a little bit. I don’t know all the
details, either, Don, but I do know that this was training that the government was going
send our employee to. This wasn’t something that she just decided to go to. I think you
got a letter because after the, this change in there, the commitment that was in there and
thank God for the minutes we got, and the way we keep our minutes. There are some
records somewhere of what actually took place and what actually went down. I wouldn’t
be here to ask this government to give money for somebody who decided to go to a class
because they decide to go to a class. That, that, that, that’s not true. If you look in this
agenda item you see a class that I was supposed to have took last Wednesday, when we
was here all night and I had to leave to go to church. But when y’all spend the night here
with the sales tax, I had two classes I was supposed to be in that Tuesday and that
Wednesday. I was imbursed by this government, and since I didn’t go, the government
was reimbursed. I mean they got the money back. It wasn’t something I just decided to
do. You stated earlier that those classes does help this government because our people
need to be abreast and be knowledgeable of whatever knowledge they can have to help us
27
in this government. I don’t think she would have, and I certainly would have not come if
the money had not been appropriated through this government and then changed. I think
that she was a true woman of her word to go ahead and since she made those
commitment with plane fares and all the other that she incurred, to go ahead and go
through that. And even the people who served with her was impressed so much with her
to drive the ten hours. They was in Florida with this nasty weather we been having and
drove to Augusta specifically to give her something to reimburse. And by right now, by
right we ought to paid the whole thing because we was going to send her, and send these
people their money back. If we want to do what’s right. But I was asking for the
difference that she didn’t get, because it wasn’t just for her. It was for this government.
So I don’t mind we looking into it like you said, Don, finding, get the facts, get the
information, get the whole story on this thing, but I mean if we going do some other folks
– I mean like you say, we ought to do everybody. Now I can get [inaudible] call some
stuff out now if y’all want to do that, too. So let’s do what’s right and, and, and try to
move on. We doing pretty good today. I’d like to see us get on out of here.
. Grantham:
Mr I would, too. But one more comment, please, Mr. Mayor. And
I think Mr. Williams has a valid point. We don’t need to take a vote on this issue on this
k our Interim Administrator to please check
floor today. What we need to do is to as
into that, and I’m going to put that in the form of a motion, and that he can get us
or bring us back the information that he – and let him make the decision – this is
money that we don’t need to be dealing with out here and he needs to make that
decision - and he can come back and tell us why and what he did in that regard. I’ll
make that as a substitute motion.
Mr. Mayor: Is there a second to the substitute motion?
Mr. Smith: Second.
Mr. Mayor: The substitute motion has been seconded.
Mr. Boyles: Mr. Mayor, normally, in my three years here, I don’t recall us ever
getting a request for this to come to this body. If it’s a budgetary adjustment, it should go
to the Finance Committee, and we should handle it in finance to come out here, before it
comes out here, so we will know then. So I mean I can’t sit here and vote for something
that I have no idea how much money we’re talking about. I don’t know if it’s $1 or if it’s
$10,000. I have no idea. I think if we could get some backup information or get
something here that we need. I certainly don’t want to see an employee go somewhere
and not be reimbursed if we’re sending them in the auspices of this government. You’ve
got two motions on the floor, but I would like to see it go to Finance Committee and
come back to us.
Mr. Mayor: Anything further?
Mr. Williams: Yes, sir.
28
Mr. Mayor: Mr. Williams?
Mr. Williams: Thank you, sir. I sit on Finance, Mr. Mayor, and I think Mr.
Boyles know that and as a Commissioner I have the right to take it to Finance or take it to
this body. You know, we act like there is a smooth operation that’s going on here and
I’ve stepped out of line and throwed a monkey wrench into something. This was
something that was discussed and I don’t know whether you heard it Mr. Boyles, in your
conversation around this government, but even before the previous administrator left
here, this been talked about. And I had no problem with getting the balance of whatever
is owed. The team that brought her the money, I thought it was great, I thought it was
real, loving, kind thing to do. And I didn’t want her to be reimbursed for the entire
amount. I was saying the difference. I also said let Mr. Russell find out what that
difference is. But whatever that difference is, if it’s $10 or $10,000, if that’s the true, and
that’s right, she needs to be reimbursed for that, because she was under the auspices of
this government to go to those training classes. So we all saying the same thing. I mean
Fred can handle it, Finance can handle it, Finance Committee can handle it, but it needs
to be handled. I mean Don just mentioned about something about going to bank to be
able to go to training, they don’t have the money. Now I don’t know about you, but I
would want to be reimbursed and I wouldn’t want to be all year doing it if I done spent
my money out doing something that was agreed upon this government. So if you want to
put that on in legal, Mr. Mayor, we can talk about it back there, we can do that, too, but
we need to go ahead and address the issue and face it. We’re not asking this government
to give anybody nothing, we’re not asking for a free lunch for nobody.
Mr. Mayor: We have a substitute motion that is on the floor. Mr. Mays?
Mr. Mays: Yes, Mr. Mayor, let me, if I might be able to clear up something for
just a moment. I think part of the information should be gotten back to the Administrator
in reference to numbers and to the amount. I don’t have a crystal ball, but I can count
pretty well, and we got three people absent, we’ve got a motion and a second, and I don’t
really see either motion passing out there. I think everybody wants to get to the bottom
of it, but I would say that if it, it can probably be corrected and won’t even have to be
brought back to the committee. I think we could almost handle it administratively from
the standpoint of putting the numbers in place [inaudible]. There was a situation that was
originally supported, and really would not have come up period to be approved because
[inaudible] the previous Administrator. However, after the flight schedules and things
were made for the department head, the Administrator, because of information that was
coming before us in reference to other monies concerning other matters, decided that the
city would not go into providing the commitment on the trip, and for the seminar that he
basically had agreed to do. And that’s what happened. And it was pulled back. And
there was a decision to be made because some things had already been done that the city
was going to on – the department head was going to be in a position that either way there
was going to be some non-refundable money that was going to be out there, that whether
it had been Ms. Smith or whether it had been the city, to cancel at the point that the
directions were given by Mr. Kolb, it meant then that the money was not going to be able
to be retrieved. So it meant that either we were going to lose part of the money on the
29
department head or to a point we were making a decision on how it was going
[inaudible], so if that will help that situation some, and I think probably of getting it,
whatever the difference in the numbers are, to Mr. Russell, and I think probably they’ll be
low enough for the Administrator to really make an administrative decision in reference
to doing that, and that will clear the air and let it be done like all other travel is handled
on that level for department heads to do, and that way we won’t have to go into World
War III to get that done and to get those numbers back. But that’s how that happened,
and to a point that if the person had not gone, it was still money that was going to be lost.
So it needed to be retrieved in that manner. What the numbers are, I don’t really know,
but I do support the person being reimbursed for those numbers. I personally thought the
commitment, if it had been made, should have been kept anyway, particularly since we
were going to lose money. That was my feeling of it at the time it happened, but if that
will help in, that can be something that can be resolved within the government and be
done probably before the committee meeting, and definitely before we meet back the next
time. And be done administratively. That’s a suggestion.
Mr. Mayor: Anything further? First up is the substitute. All in favor of the
motion from Commissioner Grantham, please vote in the –
Mr. Grantham: That is to allow the Administrator to handle the problem.
Mr. Mayor: Yes.
(Vote on substitute motion)
Mr. Williams votes No.
Motion carries 6-1.
Mr. Mayor: Mr. Russell, when you dispose of this, if you’d report back to the
Commission how it was handled.
Mr. Russell: Yes, sir, I will.
Mr. Mayor: Okay.
PETITIONS AND COMMUNICATIONS:
60. Consider communication from the Richmond County Board of Health
regarding support and approval of the Richmond County Smokefree Air Act in
public places. (Deferred from the Commission August 17, 2004 meeting)
[Item 60 was deleted from the agenda]
61. OTHER BUSINESS.
Mr. Mayor: The next item is – Mr. Attorney?
Mr. Shepard:
30
62. LEGAL MEETING
a. Pending and potential litigation.
b. Real Estate.
Discuss the property matter of Mr. William Golden
c. Personnel.
Mr. Mayor: Is there a motion?
Mr. Colclough: I so move.
Mr. Smith: Second.
Mr. Mayor: A second. Yes, Mr. Williams?
Mr. Williams: A little discussion, Mr. Mayor.
Mr. Mayor: All right.
Mr. Williams: I see Mr. Golden and his wife is here, and I think we go into real
estate and we may have to discuss some thing. I want to know if we’ll be able to, Mr.
Shepard, come back and at least notify them, instruct them, say something. I wouldn’t
want them to have the pleasure of sitting through this entire meeting and not resolve, not
come to some understanding to at least communicate with them today.
Mr. Shepard: I’m fully intending to communicate with them today. Through the
body or through me, communicate with them.
Mr. Mayor: Mr. Boyles?
Mr. Boyles: Mr. Mayor, along with Mr. Williams I’ve been working on this
project with Mr. Golden for almost two years. And it’s still at this point. So I hope we
can handle this first in the session so we can come back out.
Mr. Mayor: Just remember, we can handle it first in the session, but if it requires
action then we have to come back together at the end of the day and vote on it. Mr.
Mays?
Mr. Mays:
Mr. Mayor, I just like to – I don’t have any objection to us going into
legal, but I got one question prior to us going into legal, and maybe that’s covered under
pending litigation. Now I need to, I need to have something as a direction from the City
Attorney before we go in in reference to one particular item. It may be in there, it may
not be in there. But I, and usually when I read something, you read something if it’s not a
City Attorney’s ruling
direct quote or a reference, but I need to know in reference to the
or his pending ruling on whether or not we have acted legally or illegally in
reference to items that were held in reference items that were held in reference to
31
the last meeting that we had and the City Attorney making a ruling on that.
Now is
that’s something that we’re going to deal with today, or is that something we are not
going to deal with today? And my reason for asking that is that it may not make any
difference to anybody else, but I take very seriously when there is a hint that this body,
and particularly if I signed the documents related to this body, at a legally-called meeting
with a quorum present and decisions being made, and also documents and decisions of
which I signed in this capacity, not only during this term as Mayor Pro Tem, but in my
previous term as Mayor Pro Tem, and documents that have been signed by previous
persons who have served prior to Willie Mays – Freddie Lee Handy, Lee [inaudible]
Beard, William H. Mays, III, Richard Colclough, William H. Mays, III again. Now I
think that the statute is very clear as it relates to this. I wish that the attorney had made a
decision the other day. Maybe a Labor Day break was what we needed. But when it’s in
reference to whether or not, either director indirect, that I may have done something that
was illegal, then I need to know when will that item be cleared up? And I’m just simply
trying to get to the bottom of that, because I’ve not heard. And if it’s going to be cleared
up today, then that’s fine with me, if it’s going to be cleared up today, but I need to know
whether or not that’s going to be cleared up today.
Mr. Shepard: The answer, Mr. Mayor, the answer to your question, Mr. Mayor
Pro Tem, is it will be cleared up today.
Mr. Mays: Well, if the attorney has a ruling on an item that I think if you already
made up your mind, I think to a point that this city, before we go into a legal meeting,
Mr. Shepard, on the basis of what is there and the documentation that is prescribed by the
law, the language of it and how the meeting’s called, then I don’t necessarily see where
that has to go into legal. If you made up your mind in reference to that, then I think that
in all due respect to this Commission, to the Board of Elections, to the Board of Elections
director, to the staff that basically stayed here until the wee hours to finish out and
prepare a document, however imperfect, it was a decision that was made, and a decision
that was legally made and crafted by seven of us who voted in the affirmative and two
members that voted in the negative on a meeting that was signed by nine members of this
Commission. I believe the requirement is six, and the requirement for a quorum is seven.
Ten members were present when we started that meeting. And I don’t think that
[inaudible] have to go into legal. I don’t mind going into legal on the rest of it, but I
think if your mind is made up, that the people of this city deserve an answer as to what
that is, and we don’t need to have to go into that for discussion. The consolidation bill
language is clear. It’s also clear with the [inaudible] prescribed by that.
Mr. Mayor: Mr. Shepard?
Mr. Shepard: Mr. Mays, my policy is to – this board, the Mayor and Commission
are the client. I respect the attorney-client privilege and the way I’ve offered you in
through the legal meeting. If the body chooses to waive that privilege, that is for the
body to choose. It is not for me to choose. So therefore, I am – if you would like the
ruling out here and the body wants the ruling out here, that is, that is your decision. But
my obligation is to first inform you, members of the Commission, and the Mayor.
32
Mr. Mays: Well, my reason for asking, Mr. Shepard, is that the body that made
the decision, the body that was present, those that [inaudible] and those that called
[inaudible] and also a board of elections and one of the finest election directors in this
country, all the people that are involved, as well as your integrity with it. Now I don’t
remember the body taking any action to ask really that a legal search be done. Now if
this was a request by one person as a member of this board, and with all due respect to
the Mayor, and in America the [inaudible] we may all vote up or down on it. But I think
the point being that language is clear and to a point that I don’t really see where there’s
anything to discuss unless something has changed in the consolidation bill. I’ve spoken
to legislators who were there when it was written. I’ve spoken to some that have been
there since, and I made the statement this morning to some of my colleagues that if I need
to be represented by my own personal attorney, then I will. But I think it’s very clear
where that statute is. And I don’t think we need to keep in some suspense motion to a
point that goes throughout this weekend, keeping this city in a lull basis, it needs to be
clear as to what the decision is. And I think it’s very well written in there. If not, then
somebody needs to tell me that the documents that Richard has signed, those that Freddie
has signed, Lee is now deceased, in the absence of – whether present or not –those
documents, I assume, are illegal, too, so I think it’s very clear in terms of the law. I
personally would like, if you’ve got your mind made up about what you have decided
that it is, then I think you need to make it.
Mr. Shepard: Well, if the privilege is waived by the body, Mr. Mays, I’m happy
to make it right out here, and I have a ruling to answer your question. I was requested to
research this by the Mayor.
Mr. Mays: You say if the privilege is waived by the body, then – first of all, the
body did not ask you to move on it. The body is out here, to a point of the ones whose
integrity has been challenged to the point of saying that we committed an illegal act. I
think to a certain extent that’s a personal affront. Not only your integrity is on the line,
but your integrity as a man, to be challenged and make a decision on it. If you’re not
going to stand up for yourself, then I’ll stand up for you. But I’m sure going to stand up
for me.
Mr. Shepard: Mr. Mays, if the body – here again, I’m ready to make the call. I’m
ready and able to make the call. I can make it right now, and if the body wants it, I’ve
put it in writing and I’m ready to go.
Mr. Mays: I cannot speak for the body, I can only speak for myself cause one
person’s signature went on that documentation. That was under the authorization of what
this body did as a vote, and mine went down there. Now if I’m indirectly being accused
of saying that I voluntarily put myself in the form of an illegal act, then I need to be able
to do what I need to do to protect myself and also what other actions I have taken in this
capacity and other documents that I have signed on more than one occasion. And I2
don’t think we need to sit here until 8:00 o’clock tonight until everything else is finished
for you to decide whether or not – if your mind is made up, then I think you owe it to this
33
body and to this city, to the Board of Elections, and last but not least, to yourself, because
if we acted illegally, you were the attorney who was presiding over it. You and I went
down to the Board of Elections together. I think you need to go on and make your mind
up about that, my friend.
Mr. Shepard: My mind is made up, sir. The question is do you want it now, you
want it in legal, you want it after? I’m ready to give the opinion if the body –
Mr. Colclough: Mr. Mayor, I served in the position of Mayor Pro Tem also
for two years and I’ve signed a number of documents while serving in that capacity
and I would like to know whether that put me in an illegal position also. So I’m
ready to hear the decision, Mr. Shepard, as being Mayor Pro Tem.
Mr. Williams: Second that.
Mr. Mayor: Is there anyone here who objects to waiving your attorney-client
privilege to hear the ruling of the attorney? Mr. Shepard?
Mr. Shepard: Mr. Mayor, may I have the floor?
Mr. Mayor: Go ahead.
Mr. Shepard: Executive summary is it was legal. The reasoning behind that is
contained in this letter, which I can file, with permission. I performed the following
analysis to determine that, Mr. Mays. First of all, I determined that the meeting was
properly called.
Mr. Mayor: Mr. Shepard, let me interrupt you because I did not ask you whether
the meeting was properly called or not. That was not the question I asked you, so I don’t
want anybody to infer from what you have written in your document that I questioned the
legality of nine Commissioners calling a meeting. I did not ask that.
Mr. Shepard: Mr. Mayor, I did not mean to impugn that but I think you have to
start from that point, and so I did start from that point. I think some folks wanted to
know whether we were legally in session, and the answer was yes. I may have started
where I didn’t need to start, but for the record, for this city, for myself, I started with the
point was the meeting legally called, and my answer to that is yes. I determined that
from the record of the Clerk, and then I had the second question, more specifically, was
whether the Mayor Pro Tem had authority to sign the resolution, and my answer is that I
thought he did. And I did compare that to your authority, Mr. Mayor, that you were
given authority to sign all written contracts entered into in by the Commission on behalf
of Richmond County and the City of Augusta and all of the contracts and instruments
executed by the County and City which are required to be in writing. And I posited the
question at the top of the second page, is the only officer authorized to sign such other
instruments on behalf of Augusta the Mayor? And I also quoted the powers of the Mayor
Pro Tem, which has been stated there in the second portion, the second paragraph of the
34
letter, on page 2, and I said that the members of the Commission shall elect a Mayor Pro
Tem at their first meeting in January of each year. He presides in the absence of the
Mayor and performs such other duties as may be entrusted to the office of the Mayor Pro
Tem by the action of the Commission. And the Mayor Pro Tem, while presiding,
continues to be a full voting member of the Commission when serving in that capacity.
And I went back and looked at the record. The meeting in question was convened on
August 31. It was recessed until September 1 at 10:00 a.m., then it continued until I think
about 1:30 on September 2, and the Commission passed resolutions on the SPLOST V
and the inter-governmental contract. And I deemed that - it was my opinion that given
the situation we found ourselves in, clearly the Mayor Pro Tem has the authority to
preside, and from the length of time devoted for these matters, the SPLOST V,
authorizing resolution and inter-governmental contract, I’m of the opinion that these
matters were entrusted to the Mayor Pro Tem for action. So therefore, I contend that it
was legal. In addition to that, I found additional charter support that says a resolution can
be adopted at the meeting at which it is introduced, and the affirmative vote of at least six
members of the Commission shall be required for the adoption of the resolution, with
recording of the ayes and nays, the names of the Commissioners for and against, in the
minutes of the proceedings. So I had a chance to look in our agenda book where the
particular minutes appeared, and you’ll notice from the SPLOST resolution, and this is
the verbatim minutes, Mr. Mayor Pro Tem, I had asked as to the SPLOST resolution to
consider and approve the SPLOST resolution, I would ask that you pass a resolution –
and I’m quoting now – authorizing the imposition of the SPLOST tax as provided in the
specimen resolution that I’m filing with the Clerk at this time, and having numbers in
Column E and the subdivisions thereof, [inaudible] resolution by council, and final
resolution subject to the Administrator and the Attorney for the issuing bond counsel.
Mr. Colclough moved it, Mr. Smith seconded, the count of the vote is there. It was 6-2.
And she properly recorded that Ms. Beard, Mr. Mays, Mr. Smith, Mr. Grantham, Mr.
Colclough and Mr. Hankerson voted yes. Mr. Boyles and Ms. Sims voted no. Mr.
Williams and Mr. Cheek were out. It carried 6-2. the inter-governmental agreement
passed, it passed I believe 8-0. I notice that it did that because there were not 8 of us
present at that time, so in my opinion, Mr. Mays, you are on solid legal ground and the,
the action of the body was appropriate last week. That’s my opinion.
Mr. Mays: I appreciate you giving us that, Mr. Shepard. At this time and fashion,
I didn’t know if I needed to go and search for somebody or not. I wanted to be on sound
legal ground before the sun went down this afternoon. I appreciate having that, sir. We
still friends.
Mr. Shepard: We’d be friend whether I ruled the other way.
Mr. Mays: But I thought that needed to cleared in terms of where that had gone
for this body, and for every other governmental entity that passed through and
particularly for our Administrator, our Interim Administrator, and for all the staff that
worked through with us, and I want to thank this, as I did again that night, for the
intermingling that we had in ones and two to a point of being able to come together and
to cross District lines and to cross Super District lines to try and be able to get something,
35
as I said, a document, while not perfect, but something that people would have a choice
to vote on, and I thought it would have been a disservice totally to the people of this city
and to those who served on the Citizens Advisory Committee that met for 20+ weeks and
who took on many of the burdens of this community and met with criticism when they
went out into the public that they had to handle in place of this Commission at those
particular times. So I thank you for giving us the [inaudible].
Mr. Mayor: Have we voted on the motion to go into session?
The Clerk: No.
Mr. Mayor: Discussion on that? All in favor of the motion then to go into legal
session, please vote with the usual sign.
Motion carries 7-0.
[LEGAL MEETING]
63. Motion to approve authorization for the Mayor to execute affidavit of
compliance with Georgia’s Open Meeting Act.
Mr. Mayor: The Chair will entertain a motion authorizing the Mayor to sign the
affidavit.
Mr. Mays: So move.
Mr. Mayor: Is there a second?
Mr. Grantham: Second.
Mr. Mayor: Is there any objection? None heard.
Motion carries 7-0.
Mr. Mayor: The Mayor will sign the affidavit. We have no actions from the legal
session, however, it’s been brought to the attention of the chair that Mr. William Golden
wanted the opportunity to address the Commission before we adjourned today. Mr.
Shepard, you had your hand up?
Mr. Shepard: Yes, sir, I just wanted to remind you of that. You saw Mr. Golden,
that he’d have that opportunity, and you remembered.
Mr. Mayor: Mr. Golden, you can come up to the podium, please.
Mr. Golden: Ladies and gentlemen, we’ve been asking about this for about 35
years and I think it’s about time for it to come to an end. I’d like to ask one question.
36
Number 1, how can you get an appraisal of some property currently after you have
defaced the property more than 30 years, 20 or 25 years? How can you correct that?
How can you set a value on it? Can you go back and reconstruct that property or
reconstruct that land? Please read that letter, and it’s to the point.
Mr. Mayor: Do you have anything further, Mr. Golden?
Mr. Golden: Sir?
Mr. Mayor: Do you have anything further?
Mr. Golden: No, the only thing I have is an article that was published in The
Augusta Chronicle that said land in the proximity of that land less than a mile away and
what it was sold for. My question [inaudible] they dickered with me for 30-something
years, backward and forward, and I think it’s time to come to a close. Mr. Grantham has
been out there, Ms. Beard’s husband has been out there, Mr. Boyles has been out there,
see it. Nobody consulted – to me it’s a direct insult. They went to Mr. Bryngleson and
got permission from him to put the [inaudible]. Didn’t say one word to me.
Ms. Golden: [inaudible] did not know to whom the land belong. Records, go
back and check records. I’m sure they knew the procedure for doing that.
Mr. Golden: They go back before the County Commission meeting, and I can’t
give you a date or a year, but I can tell you Frank Troutman was the chairman of the
Commission and there was a [inaudible] that [inaudible] went around the corner and
talked to him and he came back like [inaudible] and told how many vacant pieces of land
there, how many apartments were there, how many vacant houses and gave you estimated
value. Now go back and check your county Commission records. I’m not asking them to
give me anything. I’m just determined I’m going to persevere over this and not sit back
and let somebody ram something down my throat.
Mr. Mayor: Anything further, Mr. Golden?
Mr. Golden: That’s it.
Mr. Boyles: Mr. Golden?
Mr. Mayor: Mr. Mays?
Mr. Mays: I yield to Mr. Boyles.
Mr. Mayor: Tommy?
Mr. Boyles: Than you, Mr. Mayor. Mr. Golden, when we met up there, you told
me about the gate was moved up too close to where [inaudible] Street is.
37
Mr. Golden: Right. Mr. Grantham was the one on Commission at that time. He
met out there with Mr. Millard Gooding. There is a letter here from Mr. Millard Gooding
saying that the property, the fence was in the wrong place and they were going to replace
it. I think every one of you have a copy. If I’m not mistaken, some of you got it by
certified mail.
Mr. Boyles: I think you gave me one that day when I was out there.
Mr. Golden: Yes, sir.
Mr. Boyles: And at that time, I think the first thing that we did, because I brought
it back to Engineering Services for you, you know, brought it back in here and they
talked about extending the road and then the Public Works director said the cost of the
road, I forget –
Mr. Golden: $250,000.
Mr. Boyles: Was it that high? I’m not doubting you.
Mr. Golden: Ms. Teresa Smith.
Mr. Boyles: And that time we thought that if the road was extended then you
would have access to your property and you wanted – I think you told me you wanted to
build, maybe put one house on two lots or something?
Mr. Golden: Was building at house at that time [inaudible].
Mr. Boyles: It is.
Mr. Golden: Do you want to come out of your front door and look at a retention
pond?
Mr. Boyles: I wouldn’t. that’s why I was wondering, cause at that time I think
that’s how we got started to talking but then but then as it developed a little bit more, it
made more sense to me for the property just to be – I use the word give it up or
abandoned or whatever you want to call it. But I never could see building a home down
there cause I think –
Mr. Golden: It is beautiful down there.
Mr. Boyles: At one time it was, yes, sir, it sure was. I remember that.
Mr. Golden: Magnolia trees, dogwood trees growing in the wild there. I
cultivated it all, it was just there.
38
Mr. Boyles: I remember. I was just asking, I was just trying to refresh my
memory back 2-1/2 years ago.
Mr. Golden: [inaudible] stated that I received the appraisal from Mr. Shepard
Saturday afternoon. What could I do with it Saturday afternoon prior to coming here to
this meeting? That’s why [inaudible] hand delivered. I didn’t want anybody to say
[inaudible].
Mr. Mays: Mr. Mayor, let me say this since we’re not in legal session and we’re
back out here on the floor and I’m going, I’m going to kind of raise the same thing I
raised in legal, and on, on this particular issue, I know Mr. Golden and I have talked.
We’re not, we’ve not talked about the wording of what I said in there, however, he asked
the same question that I was kind of seeking an answer for on how do you arrive at
something. Now the county has an appraisal. The county may get another appraisal. My
problem with it is over the length of time the damage has been done, how do you get to or
is there a mechanism – what I’d like to do, Mr. Mayor, without us holding him in any
way negatively responsible for his answer, and for the lack of a better person for me to
call upon, cause the room is about empty, but Sonny, I’m going to have to mess with you
for a minute, just in terms of picking your brain. In terms of trying to find a way that the
Goldens can seek some advice that gives us an alternative that we may agree with, that
we may not agree with, but is there a way within the professional ranks – and I guess
what I was looking at when I mentioned I went through the situation of having to deal
with it from a historic perspective, the county could not, could not [inaudible] fair market
value of what was in the inner city, but there was no way the court said they could turn
around and build me a 75 year old funeral old. You can’t do that. I think what they’re
looking at is their – for lack of a better term, they can’t go back to a [inaudible] per se –
what kind of way in terms of can they seek someone – and I’m looking for some element
of fairness here that we can give them [inaudible] that they seek and ask somebody to,
whether it’s to reconstruct, whether it is to have some professional terminology of what
we deal with – because I don’t think an appraisal in their case will solve our situation or
solve theirs. I think you are going to get to some point of where you may get closer with
something else that I don’t see on the floor right now, because to appraise you’ve got to
go and deal with what’s up there as it is right now. Can’t go get somebody and give them
what [inaudible] but what I’m looking for is, is there something in the professional ranks
that they can seek out, that somebody can look, to put together, that they can bring back
to us from a standpoint of what should have been there? Can what I looked at, Mr.
Golden, was even to the point of what’s behind you all on the other side of the pond. The
school that was built there. And other things that I know that mentioned about the
distance of where those properties were. But then there are other things that have been
developed on Boy Scout Road and things developed on Wheeler Road that have been for
modern development, that’s along in there. What I’m trying to do is to get closer to an
answer that may be something that would be receptive by you all and I guess, Sonny,
where I’m picking your brain for a minute, and I know that’s getting you back into your
old days a little bit of doing, but is there some way that they [inaudible], cause I think Mr.
Golden asked the question, if he gets an appraiser, then what is it maybe that he needs to
seek out to get? And I don’t want us, Mr. Mayor, to run him off [inaudible] but I’m
39
trying to just find out [inaudible] appraisers that’s in the book [inaudible] general
appraisal [inaudible]. Somewhere in there, I’m trying to avoid to the point where we
don’t, where we’re not, if possible, in a court case, but also to a point of where they might
be able to ask somebody, to get, because you know, what is it, you know, other than the
newspaper articles, I’m trying to get it to [inaudible] in there to a point you’ve got to
come back with something. I’m just saying if we got to a point we were in court, you’d
have to end up with something else other than that. That probably could be used, but
then you’d probably also going to need something else. But structured in a different way
than just a general appraisal. Cause a general appraisal will not do you justice. You can
come back with four of them and they are probably going to be within $500 of each
other. And [inaudible] maybe pick Sonny’s brain a little bit for just what could maybe
they [inaudible] and what maybe we could seek in terms of fairness.
Mr. Reece: Mr. Mays, members of the Commission, Mr. Mayor, there is a
solution that you can go by. Your legal counsel can talk about something, possibly
inverse condemnation as a result of what has happened. And generally that comes into
play after circumstances occurred that’s external to the property owner, had no
[inaudible] of it, as a result of, comes into that. The other thing is you can have an
appraisal done on estimated market value, or estimated market value of the property on
its highest and best use as though the retention pond was not there. Looking back into the
past, just like it wasn’t there. Back when we first had contamination type issues come up,
we had to look at an issue of well, what would the property be worth if this occurrence
did not happen? So you come up with a value of the property of its highest and best use
as though the negative effect that you can actually see was not there, you just put a shield
over your face and try to look at it as though it wasn’t there. Then you come back and
look at what is the value of the property now, that the issue is present and then if you
have any adverse [inaudible] value, then you’ve got consequential damages, which goes
back to the inverse condemnation type situation that we were talking – I mentioned at the
beginning. So there is an avenue, but you have to instruct the appraiser of what you’re
looking for. And you go out and appraise it [inaudible] wasn’t there, based on its highest
and best use. Then you come in and say what is it now? And then that’s what you’re
getting now, and this is your value, the difference between the two is the measurement of
damages as a result of.
Mr. Mayor: Sonny, wouldn’t what the property sold to the county for for the
purpose of the retention pond be a basis for the value of the property at that time?
Mr. Reece: No, sir, you can’t use a sale to a government entity who has potential
of eminent domain to be able to condemn. That’s not an “arm’s length” sale and it’s not
acceptable in the –
Mr. Mayor: [inaudible] 30 years these folks have been paying taxes on the value
[inaudible] based on their argument, so they haven’t been taxed at what they believe
would be the true value of the property.
40
Mr. Reece: Probably not. I would say that a majority of the people right now in
Richmond County are in that situation.
Mr. Mayor: Does anybody have any –
Mr. Mays: But there are some special instructions you can give an appraiser that
make a difference?
Mr. Reece: Yes, sir.
Mr. Mays: Make different argument, Sonny?
Mr. Reece: That’s correct.
Mr. Mays: Okay, I thought the Mayor had an interesting [inaudible] in reference
to what was paid, you know, for the pond. I know you have to have an “arm’s length”
transaction in there but that’s, that’s the problem that I had about areas that we bought.
And say you buy, you buy [inaudible] and you [inaudible] helpless, and you set a price on
in there to do it, usually if we – would it make any difference, though, as to whether you
condemn and took it or whether we did outright sale. Because you know, there could be
a big difference if we went over and we made an outright payment [inaudible].
Mr. Reece: Mr. Mays, I’ve tried to use those sales when I was in the private
sector, where I verified with the governmental agency that had the condemnation powers
and that was not permissible into the court of law as to testifying as to value establishing
the value of the condemnation proceeding. And I tried to use that. Now you can use the
good old common sense approach that says okay, I know we paid this for it and we’re
going to consider that. Well, you can do that. But as far as from an appraisal position, a
professional appraiser cannot use those sales if any of the parties had potential powers of
eminent domain, then the sale is not true “arm’s length.” [inaudible] I negotiated with
you the best I could, and in all fairness you gave me a good price, but if you hadn’t had
that power maybe I could have been a little firmer with you and got a little bit more, so
that’s why the courts do not allow.
Mr. Mays: [inaudible] rests within the power [inaudible].
Mr. Reece: That’s correct.
Mr. Mays: That’s what I was trying to get to, to a point of at least trying to strike
some type of [inaudible] in looking back at what was there, and I guess my question
would be to a point if say in equal acreage, you know, in trying to determine something –
let’s just say – and which I can’t even remember the number but to a point say if you’ve
got one [inaudible] and I keep using hypotheticals [inaudible] but if you leave [inaudible]
and you paid [inaudible] five to six times the value [inaudible] left, then I think
somewhere in there trying to strike a balance, at least you create some reasonable
[inaudible] to talk about, because where you are just on a general [inaudible], outside of
41
going to court, I don’t think you reach a settlement type situation and where, if nothing
else [inaudible] cause I mean [inaudible] it may be just a general – somebody might be
able to stretch a little more out for the Goldens, then what we might have on the
[inaudible] might even be the same, but that’s why I was searching for a different formula
[inaudible] other than the fact of looking where the property is right now, because that
won’t really [inaudible] anything about what contributes to their loss of what could have
been in terms of [inaudible] and I’m not trying to [inaudible] steward of the county’s
money, to be arbitrarily gratuitous and give something also, but I want to also be fair
from the standpoint that if we have wronged somebody, that we are still trying to work
out a formula, there needs to be some creative things of trying to get this thing over with
in a fair vacuum that’s not worlds apart in the numbers, and that’s why I appreciate where
he’s coming from down [inaudible]. At least that gets me to a point that I think if nothing
else [inaudible] Mr. and Ms. Golden know that they may have to end up bringing
something else to us, but I’m at a point now that [inaudible] instructions, and I now
Steve, you just said you’re in a whole lot later than some, but you know, this thing
[inaudible] last two to three years [inaudible] some of this could have been talked about
or getting somebody else to go up there, because an appraisal won’t, that won’t solve
what’s in this case. You got to deal with some other things, you know, that are there,
whether it be, whether it be other developments along that corridor or behind it. That’s
why I brought up in legal in reference to the school, [inaudible] Westminster [inaudible]
in that same area and work those values [inaudible] property sold for in those areas.
Mr. Golden: Let me ask a question.
Mr. Mays: [inaudible] examine the property [inaudible].
Mr. Golden: Let me ask you one question, another question. If across the fence
on Boy Scout Road and that section on the other side of Boy Scout Road, [inaudible]
Aumond Road back, would you appraise, would you pay those people what I’m asking
for? Heck, no, you’d pay them a whole lot more. Just turn right around, just turn right
around, less than half a mile, just going through [inaudible] and then the next section.
No.
Mr. Mayor: Mr. Williams?
Mr. Williams: Thank you, Mr. Mayor. Mr. and Ms. Golden, I appreciate your
patience for sitting here all day and not just today, but you talking about 30 years. You
are a better man than I am. I don’t know what I would have done, [inaudible] more
persistent, but it takes a strong person to try to persevere and try to stand that long. I’m
hoping that this body will come up with something that will get this off center, because
this ain’t the first time that we talked about it. This land and your predicament. I asked
the question in legal why hadn’t we got at least closer – maybe we hadn’t got to the point
we need to be, but we just as far apart now as we was probably 30 years ago when we
started. And look like the government ought to be trying to work with the citizens. We
went in there, we admitted we put the retention pond, we put the fence up, [inaudible] I
need to hear something, what’s going to take place, what’s going to happen now. We
42
need to give Mr. Golden some instructions to go ahead and see about a appraisal, if he
have to pay for that, or we need to see about something happen, not just fast, but right
away, so we can get past this [inaudible]. We great talkers and we going to continue to
talk about it, look like. Can the attorney or somebody – I see he got his hand up, so can
somebody give us something that we can do to get this thing off center and get it
resolved?
Mr. Shepard: Mr. Mayor, members of the Commission, my suggestion in legal
and out here is that Mr. Golden be given the opportunity to obtain evaluation of his
property.
Mr. Williams: We can’t hear you. They can’t hear you down there, Steve. Speak
up. Into the mike.
Mr. Grantham: We can’t hear you.
Mr. Shepard: I said – now you can hear me. I said Mr. Golden, I understand he
received my letter this past Saturday. Yesterday was Labor Day holiday. It’s within the
discretion of the body to allow him some time to have an appraisal done from his side, an
appraisal that might not have considered factors that Mr. – Tri-State – Mr. Garrett may
not have considered. I don’t know of any in this case, but like some examples we cited in
the legal, I think the solution to an historic factor in a condemnation that the Mayor Pro
Tem is all too familiar with, but we’re not trying to cut it off today, but I think that
something other than the newspaper, which he has, should be brought before this body,
and that would help us narrow the gap.
Mr. Williams: I agree with that, Steve. Let me say one other thing, too. Mr.
Golden, maybe you need to look at this, but there been plenty of cases that come through
this government where we bought easement that said .1 acre or .half acre. Now we paid
some figures and I don’t have those figures, but there’s Open Records Act and that’s, all
that can be acquired. Why can’t we look at some of those situations to see how much
land he’s got? Cause we bought easement, now [inaudible] for less than [inaudible]
acreage, .2, .half and I question those things. How can you pay this much money for
whatever this is, but we did that. So I’m saying to Mr. Golden, there’s Open Records
Act, there’s information you can get yourself. I think the attorney had a good suggestion,
that you get your own appraisal, that you get somebody come in and appraise that
property and appraise [inaudible] opinion, I’m dealing with that myself just right now,
but that just an opinion. But the opinion that the City’s got versus the amount that you
asking for is totally different and we need to have something on paper from appraisal.
Mr. Mayor: Mr. Shepard?
Mr. Shepard: Thank you. And that was the point I’m trying to make, Mr.
Williams, that we are, we are accountable not only to Mr. Golden for what may have
been done, in terms of putting the fence and putting the retention pond in, but we’ve got
43
to justify to the taxpayers of why we are disbursing the amount of money that hopefully
we will come to agreement to disburse, to resolve this with the gentleman.
Mr. Golden: Ms. Beard. I’m sorry. May I read a letter?
Mr. Mayor: Excuse me, Mr. Shepard has –
Ms. Beard: No, I have a question.
Mr. Mayor: Just a minute. Let Mr. Shepard finish.
Mr. Shepard: And so that would move this along and I am not trying to tell Mr.
Golden how to try his side of the case, but I’m trying to tell him what I think would be
the appropriate evidence for you guys to make a decision and narrow it down. I’m not
trying to cut him off today. I’m just thinking that he – he’s been at it for 30 years. I
haven’t had it 30 weeks, Mr. Golden, and we have no personal problem in this, but we
need to look at public purpose and we need to look at a competent evaluation of value,
and there might be a lot of things written in the Chronicle but I don’t think we can accept
it as the evidence of value, sir, with all due respect.
Mr. Mayor: Ms. Beard?
Ms. Beard: I’d like to know when the retention pond was put there.
Mr. Golden: It’s been there about 25 years.
Ms. Beard: It’s been there about 25 years, and you were planning to build there;
is that correct?
Mr. Golden: Yes.
Ms. Beard: Well, you know, I’m just looking at something. Most of us built
around that time and what we paid, something like $26,000 for at that time, is now worth
$200,000.
Mr. Golden: May I read a letter?
Ms. Beard: Here in Augusta – I’m just saying do you see the difference? 25 or
30 years ago you purchased a house, and what that house is worth today.
Mr. Mayor: This is raw land. There is no house on it.
Ms. Beard: I know, but it was his intention and it was around the – it was about
30 years ago and I’m just comparing, if they had put that home there.
44
Mr. Golden: May I read this letter? The Augusta Commission at their regular
meeting held Wednesday, February 4, 2004, approve (1) to identify and authorize staff to
acquire documents and easements and right-of-ways necessary to complete the Vassar
Drive – you were able to do that. But yet, still, I’ve got 30 years. You were able to do
this and the same thing for Judge Kernaghan. I’m sitting here and you told me in your
own words that you – we would be #1 priority on the green land space, but then you
come back and tell me that Augusta Mall, that that money was used for something else
and we couldn’t put you on the green – now how many times am I going to have to come
here? And I’m asking the same question over and over again. I’m going to tell you just
like it is. [inaudible] I apologize to you. I blew my cool. But I’m telling you right now,
it’s getting heated again in here. Because you, every time I’ve been to this Commission,
it’s been somebody trying to undermine everything we have tried to do. Let me finish.
Sir, I have just as much training, professional training as you have. I have two college
degrees, darn near the third one. I’ve educated three children through –
Mr. Mayor: Mr. Golden, I’m going to have to ask you to direct your comments to
the chair, under the rules of the Commission, you’re not allowed to debate with the
employees.
Mr. Golden: Okay. Yes, sir. These are things where I don’t see where we keep
pushing something under the rug, and if you notice my letter stated that every time I have
come here, I have been pushed back. We come to the same argument, the same thing
over and over again. Now why should we have to do this? I’m a taxpaying citizen. And
if you note my letter also, it says that the taxes have been paid and paid on time. Now
you look at some articles in the newspaper, you look at some of the others, they don’t
have near as much as I have. Have a whole lot more [inaudible] and you come back with
me and –
Mr. Shepard: Mr. Mayor, members of the Commission, the debate would be
much more advanced if Mr. Golden would get an appraisal and let’s – here again, I’ve
made several suggestions and I appreciate that he’s paid taxes. Maybe he doesn’t think I
do, but I do appreciate that. And that’s how valuation questions are ordinarily resolved.
And I’ve turned up the City’s cards face up. And if you’d do the same, sir, I’d appreciate
it.
Mr. Golden: My question still remains, like Mr. Mays said a moment ago,
[inaudible] how can you go back and re-establish a [inaudible]? How can I go back and
re-establish my land, which I intended to build a home on? And [inaudible]. My
children have lived [inaudible] what we would have had then [inaudible] place to live,
but thank God, I’ve been able to make it through with what I had. And this is [inaudible]
you trying to take away, Richmond County is trying to take away from me. Sir, I gave
Richmond County 37 years of my life, Mr. Chairman, the better part of my life. And this
is what I get from my county? My children don’t even want to come here. And each one
of them are professionals. And not [inaudible], either.
45
Mr. Mayor: Ms. Golden, you had your hand up. Did you want to speak? Come
to the microphone, please.
Ms. Golden: Mr. Shepard said that we should have the property appraised. There
is no way we can get fair appraisal. It would be part of the same thing, the appraisal that
he had. [inaudible] vary if you got two or three different appraisal [inaudible] appraisal
value would probably be no more than $500 difference, so we are right back where we
started from. Am I not correct?
Mr. Shepard: Ms. Golden, I’m not trying to try your side of the issue, so that it
comes in necessarily the same appraisal I think. I’ve just – I’m going to obtain another
one, I believe is the direction of this Commission, and I’d ask that you do it. That’s,
that’s ultimately the value of [inaudible].
Ms. Golden: We will have it appraised.
Mr. Shepard: Thank you.
Ms. Golden: But when we have it appraised, we are having it appraised in the
condition that it’s in, and that’s not how we bought it.
Ms. Beard: But you said you could appraise it in other ways.
Mr. Shepard: I don’t want to limit – if you [inaudible] appraisal, I’ll be the first
one to look at it. I’ll be the first one to –
Mr. Golden: [inaudible] appraisal and [inaudible]. The only reason I didn’t get
[inaudible] school. And this is what I’m getting from my county.
Mr. Mayor: Mr. Golden, we could talk about this all night.
Mr. Golden: We’ve been doing it for years.
Mr. Mayor: I understand your position, exactly the situation you’re in, what
you’ve been through, but I just, from what I observe up here I don’t see that there is a
motion that would be sustained by this motion that would give you – your letter said
$100,000 – that you would get that tonight. So I think we just need to move forward with
the next step, is the appraisal. Mr. Reece has indicated that you can get an appraisal on
the condition of the property as it was before the pond was built, and so I would
encourage you to do that and bring that forward and let us take a look at this. We talked
about a number of options when we were in legal session. The inverse condemnation, we
talked about binding arbitration, many other ways, that we can bring some finality to this
and get it resolved. But it’s clear we’re not going to get the resolution tonight, so I think
–
Mr. Golden: May I say something else?
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Mr. Mayor: Yes, sir, go right ahead.
Mr. Golden: The street itself that’s paved has been raised four to five feet above
where my land is. It’s been paved. And [inaudible] Public Works did not go back and
put a sewage back there. There are two houses over there I know have sewage that were
put in there by [inaudible] having [inaudible] Raes Creek. And the property down Raes
Creek, how many times have you as a county paid for those people’s property down on
Raes Creek when Raes Creek was washing their back yards out? How many times have
you paid for [inaudible] for flood water coming in his house and finding snakes on the
front porch? How many times have you paid him? And they was big bucks. Sir, we
procrastinating and we running this thing over and over and over again. That’s a
[inaudible] lot of procrastination. Let’s face it head up. I did when I bought it.
Mr. Mayor: Anything further? Do we have a motion to adjourn?
Mr. Mays: Mr. Chairman?
Mr. Mayor: Yes?
Mr. Mays: Mr. Mayor, before we adjourn –
Mr. Mayor: Go ahead.
Mr. Mayor: It’s – I think you have very rare circumstances on some things that
occur from time to time. The age-oldness of this is one of them. I saw the same thing
happen when we, when we did the landfill. I remember – I can’t think of the young
man’s name now, his last name was Williams, that used to come and plead. We had
leakage and other stuff that would run on the side of his property and everything and we
went down in there and we did the landfill and we bought some folks’ property and we
left some folks down in there. I mean we didn’t go get all of them. We just left some
and rendered them just about basically helpful and he pleaded about as long as he could
and [inaudible] got to a point where finally between EPD and EPA indirectly we helped
them out and got them from down in there. And, you know, I think that – and I can say
something I don’t usually say, but I don’t think that, quite frankly, I think they can go get
the appraisal even done under the auspices of what Sonny is talking about, but it may but
it may be bad to say, but I think after at least a ’92 to 2004, 12 or 14 years of indirectly
dealing with us, and this pond situation, they need to go and do what we’ve instructed,
but if they come back even with that, I don’t think we are going to reach, quite honestly,
a settlement to deal with it. I’m going to suggest to them that they do the type of thing
that Sonny’s talking about and that they also use the appraisals. I mean not the
appraisals, but the language that they do have in the newspaper and seek some of the
other comparables that are in that area. You know, newspaper articles have a very funny
way of – they may not have a lot of weight with the City Commission but it’s funny what
newspaper articles do in court. I’ve seen the City lose federal cases because of what was
written in the newspaper. I’ve seen churches gain $45 million by the historical facts that
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were contained in the newspaper. And quite frankly, I get exactly what Sonny’s talking
about and I get one more thing. I get me a lawyer before I came back and I would deal
with us to a point cause I think patience has been good. I usually don’t recommend
someone to go out and sue, but I think if you get somebody to come back in here prior to
the fact [inaudible], Mr. Golden, you come back and end up going back to have to deal
with yourself physically [inaudible] with us and I’d get somebody to represent me and
come back and lay it on the table and then we get to a point then of where there is a
compromise or we end up going through the full litigation status. If it comes back in
here, the deal about it coming back, I’m like Marion now, you’re a better man than me,
cause at some point I might meet us but I’d have to meet us somewhere else, and I
usually don’t encourage folks to do that, citizens. But I think when you reach a certain
end, I mean you just can’t, where if it’s not going be, cause with numbers that are down
there and with numbers [inaudible] even asking for something else in there, to a point that
I think somewhere in there we just are not going to just do that and get it settled. And
before I come back and have to come back and have to visit us again two or three more
times [inaudible] come on back and deal with it that way. [inaudible] and I’m not saying
that where you are right not that we’re not protecting in terms of the county’s interest.
But I think you’ve got a real rare situation that’s gone too long, you’ve got one that’s
damaged in there, and I just think you need somebody else to pull some of it together for
you to a point where that goes, I can’t say from where I sit right now. But I think you
need somebody else to pull some of it together for you and bring it back and then that
person and Mr. Shepard have a conversation and that y’all go from there and obviously
we’ll get it discussed later. But we’ll be through this, it will be another year, the
Commission will have changed, it will be over in the Mayor’s last year before y’all get to
a point of getting this resolved. Because this started, Tommy, it started again when you
and Bobby came on. And I mean [inaudible] Don and Jimmy, I mean it’s just, it’s just
one that needs to be – it’s not good to have somebody [inaudible]. Sometimes people just
don’t always agree in a situation with the government and you have to deal, you know,
[inaudible] I done been there, I done done that. [inaudible] but it may reach that point
that that’s where you, you might have to end up doing. And I think it’s got to that, cause
I hate to see us reach this impasse every time it gets to a conversation to where y’all end
up being the last folk in the room and then we get to this. You know, because the deal
about the appraisal, and that comment, I mean we’ve gone through [inaudible] coming up
with an appraisal. After you get one, then what? So I mean I’ve said that about the same
thing [inaudible] regular appraisal that wouldn’t prove nothing. But I also think you need
to get somebody to present something else from a different angle as to how we can do it
and [inaudible]. Some folk get mad with me when I say stuff like that, say it’s inviting
somebody to come deal with us. Well, that won’t be the first time. I sat here and
watched a young man get hit by a speeding emergency vehicle, crippled, and never more
to do anything else in life, and we claimed the right of sovereign immunity cause we’re a
government. Any other citizens would have basically been sued [inaudible]. [inaudible]
took his whole life away from him, but because we were the government we got treated
differently. I don’t think you can go around just doing folk any kind of way. And we
went up there and we bought that pond and the real deal was when we bought it from the
person that we bought the other property from we should have been fair enough to go in
there and get everybody’s property and make one big retention pond and pay everybody
48
the same kind of price we paid the one we paid for it. That’s what we should have done
when it was done.
Ms. Beard: What did we pay for their property? Do we know?
Mr. Speaker: [inaudible]
Mr. Speaker: [inaudible] $2,500. $25,000. $25,000 for that [inaudible] and land
he turned right around and sold it to the county for $8 million.
Ms. Beard: You are joking.
Mr. Speaker: I’m telling you just like it is.
Mr. Speaker: [inaudible]
Ms. Beard: That’s not true?
Mr. Mays: [inaudible] it was some money, but it wasn’t – and that’s why I’m
saying –
Mr. Grantham: I make a motion we adjourn.
Mr. Mayor: Mr. Mays has the floor.
Mr. Mays: I yield. I just think to a point that somewhere in there they need to get
to where [inaudible] legal confine and do that. They need to present and bring forth that
and then at that point then Steve will continue to bring us information on where it is and
then we work towards saying either we settle on it or we don’t settle on it. I think to keep
bouncing around is not going to do much except create bad feelings. [inaudible] And I’m
not saying that to be comical about it but it needs to get ended that may be how it has to
end. Sometimes [inaudible]. And that may be the next course of trying to do that. But
[inaudible] all the time is just not going [inaudible] for us to do.
Mr. Mayor: Mr. Grantham?
Mr. Grantham: Thank you. I apologize. Mr. Mayor, I make a motion we
adjourn
. I think we’ve got all the instructions we need.
Mr. Smith: Second.
Mr. Mayor: Is there a second to the motion?
Mr. Grantham: Mr. Smith did.
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Mr. Mayor: We have a motion to adjourn and a second. All in favor, please vote
with the usual sign.
[MEETING ADJOURNED]
Nancy W. Morawski
Deputy Clerk of Commission.
CERTIFICATION:
I, Nancy W. Morawski, Deputy Clerk of Commission, hereby certify that the above is a
true and correct copy of the minutes of the Regular Meeting of Augusta Richmond
County Commission held on September 7, 2004.
______________________________
Deputy Clerk of Commission
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