HomeMy WebLinkAboutJune 7, 2005 Augusta-Richmond County Commissio
REGULAR MEETING COMMISSION CHAMBER
June 7, 2005
Augusta Richmond County Commission convened at 2:12 p.m., June 7, 2005, the
Honorable Bob Young, Mayor, presiding.
PRESENT: Hons. Hankerson, Smith, Graham, Colclough, Mays, Williams, Beard,
Cheek, Sims and Boyles, members of the Augusta Richmond County Commission.
Also Present: Steve Shepard, Attorney; Fred Russell, Administrator; Lena Bonner, Clerk
of Commission.
The Invocation was given by Rev. Jack Jogoditsch.
The Pledge of Allegiance was recited.
A. CONGRATULATIONS! Ms. Tameka Allen, Interim Deputy Administrator and
Director of Information Technology on earning her degree of Master of Business
Administration from Augusta State University during the Commencement Exercises
held Saturday, May 14, 2005.
B. RECOGNITION:
Ms. Kimberly Wilson, Georgia Tech School Student of the Year.
C. PRESENTATION:
Mr. Cedric Johnson, Chairman
Augusta Aviation Commission
D. DELEGATIONS:
Ms. Girela W. Sager
Re: Closing of Merry Street
(Tape begins here)
Ms. Sager: [inaudible] headaches or confusion. [inaudible] For this reason, we must
have quiet ventilation rooms. At our previous location, Merry Street, during the summer school
vacation, many grandparents brought their younger grandchildren to the ceramic shop. The
children can look at our green ware to find a small animal to paint. In our present location, green
ware is not available for immediate purchase. At most, we order on delivery times is seven to
twenty-one days. Thank you for the opportunity, for your attention. Any help you can give to
limit these problems will be gratefully appreciated by myself and the parents utilizing the
ceramic facilities. Thank you.
Mr. Mayor: Thank you, Ms. Sager. Mr. Russell, you want to - can the staff look into
these issues she’s brought forward and see where we start.
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Mr. Russell: Yes, sir. We’d be more than happy to look at the issues that she’s brought
forward and bring you back a report or recommendation in the next two weeks.
Mr. Mayor: All right. Would you please notify her when you bring that back before the
appropriate committee so they can be present to hear the report?
Mr. Russell: Yes, sir. I can do that.
Mr. Mayor: All right. Any other comments? Mr. Williams?
Mr. Williams: Yes, Mr. Mayor. I want to thank the young lady for being persistent. She
has been - she has not stopped since the facility’s been closed. She’s very adamant about it and I
think it is something that we need to look at to see can we find something, some way of keeping
that facility going. I know we can’t keep them all going but we got citizens all over the city of
Augusta and we need to try to reach those that we can so I’m very supportive. I hope that we can
find some way of doing something. She has been very active as coming down, bringing a
petition. There’s not a lot of people over there but there’s still people. They’re still taxpayers
there and they had the service at one time and we made some cuts in Recreation. I understand
why Recreation did what it did but there’s some things that we need to look at, Mr. Mayor, to try
to fulfill and try to do what we can to get that craft shop back together. There are a few seniors
and I don’t know about you, Mr. Mayor, but I hope I live to get another year or two so I can go
and join them in doing something, but those of us who are not at that age now may not think it’s
important but you just wait. Just live long enough, just don’t move, just stay where you at, if the
Lord let you live, you going to get to a position that you going to find a place to do some craft
work like some knitting or some sewing or something so let’s not forget about those who brought
us this far, and I think it’s very noble, Mr. Mayor, that you get the Administrator to look at it,
and he notify her when something’s going to be brought back so we can look into that.
Mr. Mayor: Well, why don’t we just have a motion then to receive this as information?
Mr. Williams: So move.
Mr. Colclough: Second.
Mr. Mayor: No further discussion? All in favor, please vote by the usual sign.
Motion carries 10-0.
Mr. Mayor: All right. We have another delegation here. At least a report from our
Elections director so we can skip to that, Madame Clerk, to item 61.
The Clerk:
61. Update from the Board of Election Director regarding change in the Election Laws.
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Mr. Mayor: I think Ms. Bailey thought after the presidential elections last year, she’d
take a year off. But it hasn’t worked out that way, has it?
Ms. Bailey: Well, you’re exactly right. This off election year has turned out to be quite
something. I think the reason I was initially asked to come up today was to address some
possible changes in election law that’s received a lot of publicity over the last couple of months.
And so, if you don’t mind, I’ll go ahead and address what I think y’all wanted to hear about that
first and then I’ll talk about the handout and we can go from there. I’ve received many questions
about some pending legislation that has been passed by the Georgia General Assembly and
approved by the Governor. It’s election reform bill. It’s a very comprehensive bill that will - has
actually 66 different sections in it and if passed by the United States Department of Justice, will
have some broad, sweeping changes in elections across the board. One of the ones - one of the
changes in that bill that’s received the most conversation, though, is the provision of photo
identification requirements at the polls. So I wanted to make it perfectly clear that for our
election in June, we will have no changes in any election law. We’ll be operating under the same
guidelines and the same laws that we operated under last year so any of the current 17 forms of
identification that are accepted at the polls right now will still be accepted for the June election.
We have no way of knowing what the future will hold. As everything, any kind of change that
affects elections or voter registration in the State of Georgia, because we’re under the Voting
Rights Act, it has to be approved and pre-cleared by the Department of Justice. It’s my
understanding to date that that bill has not yet left the Attorney General’s office to make its way
to Washington so it will be some time before we know the status of that but I’ll be sure to keep
you guys apprised as we go along of any changes and when they’ll occur. Yes, there’s an
outside chance that they could be in effect for the September election coming up or possibly for
November. We just simply don’t know but what we do know is that they won’t effect our June
election coming up two weeks from today. Questions?
Mr. Mayor: Any questions? Andy?
Mr. Cheek: Yes, sir. I look at the cost and I think all of us have heard the cost of these
elections before. Would it be possible to petition the Governor, I guess, on this - the special
Senatorial race and conduct the Mayor’s race all in the November general election? That would
be - save us significant amount of money and allow the candidates more time as well as the
voters more time to get to know the candidates. Is that a possibility of something we may be
able to do?
Ms. Bailey: I think that it is a possibility. I understand that the attorneys for the
Governor’s office are working on this issue right now and trying to decide exactly when the
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election date will be available. I think yesterday they thought that the September 20 date would
be a good date. Now, they’re kind of second guessing that thought and thinking that there are
certain provisions in the laws that pertains to vacancies in the General Assembly that might in
fact require them to fill that vacancy even earlier than September. So there are different thoughts
going on out there. Whether they will hold off until November, I - it’s just not information that
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we know right now. I will tell you this, though. Just for your information. For a September 20
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election, the 60 day before that election will be July the 22. Sixty days before an election is a
big date in an election cycle because that’s the date - because the Justice Department requires 60
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days pre-clearance, so we have a little time to think about this. On the other hand, I hope I’m not
presumptuous in saying that if this body feels strongly about that, then perhaps it would be
appropriate for this body to petition the Governor for whatever your desire is. The Board of
Elections is in a position of taking direction on this issue.
Mr. Mayor: Marion?
Mr. Williams: All right. Let me ask you. On the local election as far as the Mayor’s
concerned, do this body set that date or do the Governor or do your office set that? Who sets that
date as far as the Mayor’s election, I guess, what we concerned about now.
Ms. Bailey: Okay. This is my understanding and Mr. Shepard, I hope you’ll jump in if I
say something contradictory to the law, but it’s my understanding that the consolidation bill
provides that if there are more than 12 months left in the unexpired term, that there shall be a
special election. It doesn’t, however, go forth like so many other bills do and say that that
election has to be at the next available date. It just says there shall be an election. So it’s my
opinion since this body is the body that would appropriate funding for an election outside of
November that certainly there would be a big role to be played by this body. And again, that’s a
matter that the Board of Elections will await direction on.
Mr. Williams: Okay. That clears my -
Mr. Shepard: And I do concur with that, Mr. Williams.
Mr. Williams: Thank you, sir.
Mr. Mayor: Anything further? Mr. Cheek?
Mr. Cheek: Mr. Mayor, in light of that, I don’t think it would hurt to ask, and I think that
our Board of Elections director has given us that directive that it is our responsibility to ask, and
in light of the savings that would occur, and again allowing the voters some additional time as
well as the candidates some additional time, I’d like to make a motion at this point that this body
petition the Governor’s office to hold both the Senatorial election and the Mayor’s election
during the November election day, add those names to the ballot, and in turn save this city nearly
$100,000.
Mr. Mayor: Is there a second on that motion?
Mr. Mays: I’ll second it, Mr. Mayor, to get it on the floor.
Mr. Mayor: All right. Mr. Mays?
Mr. Mays: Yes, Mr. Mayor. Thank you. First, let me say thank you to Ms. Bailey for
being here, as you always are in terms of not only giving the Commission updates but most
importantly the general public. I see your predecessor sitting there before you, and one of the
reasons is I was talking to the Administrator on last week and I think in the spirit of
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cooperativeness, you don’t see a Commissioner’s name or anybody’s name by your coming as a
delegation person because we knew you were coming, would be informative and I thought that
would be a good way to do it. I had some concerns as well as others just on that information,
and particularly that that you’ve already given because I was in two neighborhood meetings last
weekend and that was a major concern, particularly from seniors as to what they were to have
ready, whether the law would be in place, and whether those concerns would be there, and I
think this also gives an opportunity to reach people in the general public that may be just a
general newsletter might not do. So we appreciate that. I think the cost, particularly as we
concern ourselves with a budget, and also in terms of the spirit of allowing people the
opportunity to vote - I know in your office, since your leadership has been there, and prior to
that, under Ms. Beazley, that, you know, record turnouts were something that we always hoped
for regardless of what it was and to see people coming out and participating in government and
one of the concerns that some of us have had is the fact that in November, we will elect half of
this Commission. Five seats will also be open at that time. Also a sales tax measure that will be
on there, up or down for the voters of this community to deal with. And that was one of the
reasons that I was hoping that as much could be in November, and this is just one Commissioner
speaking, and I realize we obviously want - we certainly can’t tell the Governor of this state what
to do and under the law but I think it would be good at least as a suggested measure if we could
at least let him know to a point how we might feel because when you talk about a bond issue
being voted on in June or you talking about coming back with maybe - maybe a September or
maybe an earlier date in a senate race and then to come back with a November election, there’s a
possibility that by November, we will have had four different elections in this community and if
that is not confusing, if that does not lead to what I think contributes to lower voter turnout in
terms of having that many, then you can be prepared for that record low, particularly when
they’re - there’s no presidential election, no Governor being elected. That sets the trend for
doing that and so I’m glad that my colleague made that motion. I’m pleased to second it. At
least it gets it on the floor. It’s something to think about, to talk about. It may not pass. I don’t
know but I think it gives us an opportunity to at least express that to him. It may be just as you
said in terms of that statute. What I maybe would like to ask, Mr. Mayor, and I’m finishing this
but I’ve got a question and maybe between Ms. Bailey and the attorney and it may not - and it’s
not a penalty question. It may be one that we have to see but even in terms of state statute, and
what I’m looking is the fact that some years ago when we passed a consolidation referendum,
and we did everything by the book. It went by the law. It was a legitimate election but one of
the things that caused problems was the fact that it was held on a date that was bad and Justice
overturned it. When the state has - I guess my question would be when the state has something
in a statute which requires a certain amount of days, do they have to have pre-clearance as well
even on a special? Does that come under that same auspices, particularly if it can be shown
whereby greater voter turnout may be on some opposite date and I think that might be something
that we want to think about because it may say that in the statute but that might also occur when
there’s no election being held that year but in our case in Richmond County, we elect half the
members of this government and vote on a sales tax and I think that could make a difference to
strengthen the maker of the motion’s argument that he has on the floor.
Mr. Shepard: Want me to take a crack at that, Mr. Mayor? It looks like everybody’s
looking to me. Mr. Mays, I think you’re wise to remember the effects of the fact that this is a
covered jurisdiction under the civil rights laws and the election will be submitted to [inaudible]
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and [inaudible] election for example, we made sure we submitted before the sixty day period so
that we would observe that letter of the law. I think that obviously you have to consider the
effects of getting the appropriate pre-clearance and there are days that - there are two dates that
we had to chose from under the law. There was a September date and the November date, and
obviously if we are a covered jurisdiction, then we should chose the one that will maximize voter
turnout and particularly minority voter turnout and therefore pre-clearance hangs over our
decision. It’s a factor which as you rightly remember even though we passed that bill I believe
was in the late 80’s, we passed that here, because it was not pre-cleared, it was later de-
authorized, I guess is the best way to say it so yes, I think we should take that into consideration
and if we express ourselves in those terms, the Governor, I think, here again we can’t tell the
Governor what to do but I think the Governor would have to also submit for a pre-clearance of
that date because it is a covered jurisdiction as to that office just as it is to the offices that we will
call the vote for.
Mr. Mays: Mr. Mayor, if I might respond for just a second.
Mr. Mayor: Go ahead.
Mr. Mays: And I thank you for that information because I certainly wouldn’t want a
Commissioner or this Commission trying to flex muscles with the state and what’s there on a
statute obviously but I think that it’s something that we should throw out as an observance to a
point that it’s there and I’m looking at it from the standpoint that - or the cost factors that we
have out there that there may be something about what is going on in Richmond County this year
with the other elections that may play into that and so that’s why I’m more concerned about the
one that we obviously don’t have the control over as opposed to the ones where we do have
control over it and so I just think it’s something that conversation at least needs to be held in a
friendly way with the state, not trying to force arbitrary reaction is there but I think if we share
the information in terms of everything that is going on in this community this year and put that
out there as an observance, it will be something that probably the Governor’s office would take
kindly to and inasmuch as the General Assembly, the Governor and everybody else does have to
run next year and as they say, all politics does happen to be local so it’s something I think we
need to at least look at.
Mr. Mayor: Okay.
Ms. Bailey: A couple of comments. We have been in contact with the Governor’s office,
both myself and Ms. Beasley has been in contact with the Governor’s Chief Legal Aide and the
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indications again as of yesterday were that the Governor was leaning towards September the 20
but he wanted to consult with the local - with us to, you know, make sure that this is what we
wanted but again as of yesterday afternoon, that feeling kind of seemed to be changing a little bit
and they were reviewing the law again to see if they might have to even fill that vacancy sooner
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that September the 20 because of a certain statute in the law that’s - calls for vacancies in the
General Assembly being filled in a little different fashion. All of those things and options are
being looked at right now. We hope to have hopefully some more information by the end of this
week and as soon as we have that information available we’ll forward it right on to you. I would
like to take just a second though and explain to you the different documents that I passed out to
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you because I think it’s information that you’re going to want to know in your decision making
process. What I’ve prepared for you is a cost analysis of what will most likely be the different
scenarios that will play out as it relates to these special elections. The first issue on the first page
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deals with the September 20 election where there would only be the 22 Senate District on the
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ballot. You can see at the notes to the right hand side of the page that with just the 22 Senate
District, 43 of the 53 precincts would be open. 67,000 of 97,000 eligible voters would be
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eligible to go to the polls that day. The run off date would be October the 11 and that if we did
have a run off that any costs associates with that run off would be very similar to the bottom line
that you see on that prepared document. Now going on to the second page, it looks at a
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September 20 election with the Mayor and senate race together on a ballot and again, you can
compare the first two pages to see the cost differences and opening up the other ten polling sites
that would not be open otherwise and that makes up the difference in the costs of those elections.
Now on the third page, I fixed up an analysis showing you the cost impact of putting the Mayor’s
race on the November ballot. You know, it’s true that adding another line of text on a ballot is
not going to cost anything but what will happen with adding the Mayor’s race to the ballot is
you’re talking about a tremendous change in voter turnout which effects the cost across the board
because the more people you have coming out to vote, of course the more workers it takes to
process them, the more absentee ballots are involved, printing, postage, etc. So I wanted to make
sure that you had a clear picture of the different costs involved and from past experience with our
Mayoral elections here, I can tell you that we’ve had around a 60% turnout followed three weeks
later with a 60% turnout or better for the run off so it’s obviously a race that the citizens of
Richmond County are very interested in participating in but I do want to make sure that you had
all that information. There are all kinds of scenarios that could come about. If the Governor
decides or if the Governor’s office decides that this Senate seat needs to be filled earlier than
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September 20, then that’s, you know, a whole different scenario that could work out but again,
as we’re apprised of what’s going on, we’ll make sure that you all know right away so that it can
factor into your decision.
Mr. Mayor: All right. I’d like to speak to the motion, if I may. I’m a resident and a
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voter in the 22 District in this city and speaking from that perspective, I personally would not
want to go without representation in the Georgia Senate until November. I think the people who
live in that district deserve to have someone present, attending the Senate duties, whether they’re
committee meetings, research to be done, getting ready for the session next year and so on and to
leave the office vacant until November to me does a great disservice to the voters who live in the
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22 District. You know, voting is a pretty precious commodity. It’s much more precious than
the dollars you would spend for a special election. The dollars you spend are just a cost of doing
business - government. The highest price is being paid - that is being paid, is being paid for
votes for Iraq right now. People are dying for the right to vote. We shouldn’t worry about the
cost of the special election. It’s part of what we do here. The law that sets the dates for
municipal elections in this state has already been pre-cleared by the Justice Department. It’s a
statute. Those dates are acceptable to be used for special elections. If we were worrying about
the cost of special elections, we sure didn’t worry about it when we wanted to put a general
obligation bond on the ballot in two weeks. We didn’t worry about it when we talked about
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having a backup general obligation bond issue on September 20 for improvements at the Civic
Center. To me, the whole argument should not be about what it costs to do the election. We’ll
find the money. We always find money for things we need to do in this community. We need to
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move forward and not disenfranchise the people in the 22 District. They’re entitled to
representation and that election should be held at the earliest possible date and while I will not be
in office at the time, I would certainly encourage that the Mayor’s election be held concurrently
with it. The statute that was passed in 1999 setting up the procedure for filling vacancies on this
body, the Commission and the Mayor, clearly anticipated that there not be delays in electing
people to fill these vacancies, that there wouldn’t be appointed Commissioners and an appointed
Mayor for an extended period of time because that was the argument given when the law was
proposed and when it was passed. You’ll recall it resulted from a vacancy on this Board when
somebody resigned to run for Mayor and there was about two years left on a term and an
appointment was made for that and so resulting from that was the legislation which has been pre-
cleared again by the Justice Department. If you push these elections back to November, what
you’re doing is putting a majority of this body, six members, on the same ballot. To me, that is
not a good sign to send to the voters when you’re also asking for over $300 million in sales tax
money. I think voters are looking for stability and continuity in their government and when you
fill these vacancies at the earliest possible time, you’re providing that continuity and that stability
and I would encourage you not to support the motion that’s on the floor today and let’s move
forward at the earliest possible date and consistent with that, I’ve spoken with the Governor’s
staff personally and expressed these arguments to them and as Mayor of this city, I individually
told the Governor’s office and his staff that I would prefer to see these elections both of them
held at the earliest possible date. It’s in the best interest of the voters in this community. Mr.
Williams?
Mr. Williams: Thank you, Mr. Mayor. I just want to respond and I kind of agree with
what you’re saying. Just certain points, had you been talking about two, three, four months, but
you’re talking about a thirty, maybe forty days at the most if we extend it not in September, do it
in November and if it’s going to be a long term, Mr. Mayor, I would kind of agree with that but
for thirty days for the amount of money you’re talking about that you may seem small to you but
to these waiting - I want to say congregation but there’s waiting people out here in front of this
group when you’re talking about that much money, that effecting the City, it is the money that
we look at and you’re right. Folks are fighting today and folks have lost their lives for the right
to vote and that’s why we ought to be very careful about not rushing and being able to wait thirty
days, no more than forty days to put all this together and I don’t understand the rush and I did a
little research myself as to the appointment and what we need to do about even your position,
Mr. Mayor, and if I’m not mistaken, and the Clerk can clarify me, but I think after your last
meeting, after your official resignation, I think the charter states that we got forty-five days to
make a decision as to what we’re going to do and I don’t know why the train is being pushed but
you don’t push a train, you pull one and for whatever reason, it seems like we’re pushing this
train. I think we got to do some things and I think we need to do them in the way the law had
been set up for us to do them and I think the consolidation bill has all that in there. Had you
talking about waiting six months or even five months, I can understand but you’re talking about
an additional thirty, maybe forty days at the most to get to November so I agree with you when
you’re talking about a long period of time as it would an appointment but I think that we got
enough time to do what we need to do for the law had been established, had been set up the way
we need to do it and the way we should do it. I’m in agreement with the motion. I think we
have a lot of debate on it. Somebody else may have something to say so I’m not going to even
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ask for the question, Mr. Mayor. I just think we need to talk about this because it’s a very
serious issue, very serious step that we need to be about handling so -
Mr. Mayor: Mr. Mays?
Mr. Mays: Yes, Mr. Mayor. Let me say this first of all. Part of the motion might end up
being moot anyway because part of it deals with the senatorial race and in asking so therefore it
could become a non-issue because if it’s something that the State does not deal with, it’s mainly
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a suggestive motion to deal with November but let me also say this as a resident of the 22
senatorial district and I’m sorry that my Mayor’s leaving. I’d rather have you here. I wish you
were going to stay until next November. You say no to a lot of this lame duck’s plans by
leaving, you know, when you’re leaving.
(Laughter)
Mr. Mays: But, you know, if then you want to stay, you know, you can always take that
back and it’ll make, you know, a lot of folks happy. The one sitting next to you particularly but I
think you brought some good points, particularly in filling the office very soon. I think that is to
be considered and I would not dispute that at all. I would not dispute it particularly if we were in
a situation whereby the person having to put their finger on a certain nuclear trigger and the chief
executive of the most powerful nation in the world to be able to do some things, but not to
demean your office, but we are talking about the Mayor of the City of Augusta, Georgia. There
are some things that still, I think, to a point that the weight of your citizenry turning out in record
numbers far beats four elections in a short period of time that when hypothetically speaking the
seat that I now hold in District 9 which is half of the City of Augusta, Georgia, could very well
have more numbers voting for it in November than the Mayor’s race that you talk about people
participating in so very early and turn into a bum rush time in order to do that so I think it’s two
sides to that coin. And I’m just glad we’re having a discussion now. I’m not mad about
whatever way this turns out. I think it at least gives us the opportunity and a democratic process
to discuss it but when we talk about those costs, and I agree with you, if you’ve got to have them,
then yes, they do have to be paid for but sometimes there are costs that have other options. Are
there things that this City cannot do, cannot function, will fall to its knees to a point that we deal
with getting 60% of that voter turnout out as opposed to maybe 25 to 30% of the electorate
making that decision. I think that is the other side of that coin that we have to justifiably
consider in terms of what happens with that turnout and what’s there so - and I know you can
always say well, this is America, it’s a free country, folk have that right, nobody’s stopping folk
from voting but the historical patterns say otherwise and I think that that’s what we do have to
consider to a point that I think it’s at least good that it’s suggested because as Ms. Bailey was just
saying, we may not even be looking at September. If the State pushes toward us having a July
situation, then we’ve got June, July, September, and November and as a senior member of this
Commission, and I think I’ve won more elections here than anybody else has, I can speak from
some wealth of experience from the standpoint that that many elections just does not hold true in
terms of getting your citizenry that you care about and I care about to participate, Mr. Mayor, in
those large numbers and I thought that was the whole thing that we talk about in this evolution
process of voting, that you want to have maximum numbers where maximum numbers of people
participate and come out and, you know, participate in the American dream and to participate in
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electing the people who will represent them, regardless of where they are, and I guess in closing
and talking about those two bond issues, I’m like you. You may not have a vote but I didn’t vote
for either one of them to go either way so I didn’t saddle anybody with a June election and then
saddle them with a September election but sometimes like in a card game you deal with the hand
that you’re dealt with so therefore I’m not responsible for that either. I’d have had my druthers
to appoint that we maybe could have dealt with something else but that’s out there but still the
public has to deal with that and I think when you represent folk who are still barely ask you the
questions, what are we to do and you exam this at them at a very, very crucial time in our city to
appoint a way it’s delicate and it’s not about a person or any one person resigning or any one
person having to forcefully leave office. It’s about this entire community and about how we
have to turn and how we get participation that’s there. Part of it is to appoint both of - I said of
you, you my friend and I’m sad to see you going. The other situation is sad for this city to
happen and to be able to deal with it but I think we should most be concerned as to what gets the
most people out in this community to make the ultimate decision as to who is going to provide
the leadership for those two important positions and I think we need to weigh carefully how we
do and I agree. You’ve got good points on your side of it. I’m just trying to make a counterpoint
to say there are other sides to that coin, Mr. Mayor.
Mr. Mayor: Thank you, Mr. Mays. Mr. Cheek?
Mr. Cheek: Thank you, Mr. Mayor. I felt the question was worth at least asking. The
Governor’s office after all does have the final decision. It is about the money and the confusion
that having four or five different elections will cause the public. For every dime that we have to
put into something that could be combined, consolidated, made more efficient is a dime we have
to take out of services we provide to the people or take out of our savings account. So I do think
it’s at least worth asking the question. It goes to the Governor’s office for him to decide.
nd
Enfranchisement, disenfranchisement, thirty days is not going to cripple the 22 District. That
will be decided today by six votes which is the law of this Commission but the facts are clear.
The more elections you hold during the year, the average percentage turnout at each one of those
elections is lower. I can’t imagine someone being against trying to hold an election when the
most people would turn out. That just amazes me. We, the Commission, when we’re up for
reelection run on the weight of the job we’ve done for the people, the sales tax will run on the
package that we present to the public. The bottom line is the longer period of time and a few
months between now and November is not very long for the people to know, learn the
candidates, develop the issues, would be better in the selection process of the candidates they
elect and I can find no fault with at least asking the Governor to consider that and so that’s where
the question came from and I just urge passage.
Mr. Mayor: Any other comments or discussion?
Ms. Bailey: Mr. Mayor, might I make one more comment? Just for clarification. In
th
terms of the Mayor’s election, the only two dates available to fill that seat are September 20 and
th
November 8. That’s it. This year. The Governor’s office does have a little bit of flexibility in
filling the seats in the General Assembly so he could conceivably choose a date other than those
two dates but I just didn’t want there to be any misunderstanding that as far as the Mayor’s office
10
or any other office of this level. There are four days a year on which you can fill such vacancies
thth
and September 20 and November 8 are those days remaining in 2005.
Mr. Cheek: Just a point of clarification, please, Mr. Mayor?
Mr. Mayor: Go ahead.
th
Mr. Cheek: So November 8, the general election would be acceptable for the Mayor’s
nd
election and could possibly be acceptable if the Governor concurs for the 22 District election?
Ms. Bailey: It certainly would be acceptable for the Mayor’s race and again, it seems to
me that the Governor has flexibility in those dates. Now but then again as I said earlier, there
have been arguments made to the contrary to that earlier in this week so I think that the heads are
trying to get together and get all this mapped out right now.
Mr. Mayor: Is there anything further? We’ll call the question on the motion then. All in
favor, please vote with the usual sign.
Mr. Boyles, Mr. Smith, Mr. Grantham, Ms. Sims and Mr. Hankerson vote No.
Motion ties 5-5.
The Clerk: It’s a tie vote, Mr. Mayor.
Mr. Mayor: Thank you, Madame Clerk. I fully respect the maker of the motion and his
intentions and those who have argued for it and those who have vote for this motion, but to me
the right to vote is a fundamental right in this country and in this city and I think people ought to
be able to exercise it as expeditiously as possible, so I’m going to vote against the motion.
The Mayor votes No.
Motion fails 5-6.
Mr. Mays: At least you got a chance to vote, Bob.
(Laughter)
Mr. Mayor: Let’s hope you’re not [inaudible].
(Laughter)
Mr. Mayor: All right. Let’s have a little more consensus as we go through the afternoon
session. Is there anything further on that? Okay. The chair on a point of personal privilege,
Madam Clerk, I’d like to present to you a letter that I received today. This is from the Governor.
rd
I’ll read it. It’s just a couple of sentences dated June 3. Thank you for the service you’ve
rendered as Mayor of Augusta. I appreciate you taking the time to apprise me of your
th
resignation effective June 20. Your resignation is hereby accepted and I wish you all the best
for your future endeavors. Once again, thank you for your service to the City of Augusta and the
11
State of Georgia. Signed by Governor Purdue. So if you would put that in the record, please.
th
Resignation has been tendered and accepted effective the 20 of June. All right now let’s see if
we can – did we have any other delegations?
The Clerk:No, sir.
Mr. Mayor: I see the judges here. Shall we take up that item?
The Clerk: It’s in the consent agenda.
Mr. Mayor: I think it’s Items 17, 23 and 28. They’re all – by my account, they’re all the
same and that’s the salary adjustment for State Court?
Mr. Cheek: Mr. Mayor?
Mr. Mayor: Mr. Cheek, let me get the Clerk to read the caption, if she would, then I’ll
come to you.
The Clerk:
17. Motion to approve a request for salary adjustment for State Court Judges.
(Approved by the Administrative Services Committee May 31, 2005)
23. Motion to approve a request for salary adjustment for State Court Judges.
(Approved by the Administrative Services Committee May 31, 2005)
28. Motion to approve a request for salary adjustment for State Court Judges.
(Approved by Finance Committee May 31, 2005)
Mr. Mayor: Okay. Mr. Cheek?
Mr. Cheek: Also item 62 is – should fall in that category somewhere. This has been an
appeal made by our Marshal’s Department. Our Marshal, who is seen his responsibilities and
staff increase several fold with no adjustments.
Mr. Mayor: Well, that’s unrelated to the State Court judges so if we – it’d be
inappropriate to discuss that in the context of the agenda items so we’ll come to that.
Mr. Cheeks: Okay.
Mr. Mayor: We’ll come to it.
Mr. Williams: I so move that the items read by the Clerk be approved.
Mr. Grantham: Second.
Mr. Mayor: All right. Okay. A motion and second. Any discussion? All in favor then
please vote with the usual sign.
12
Ms. Beard out.
Motion carries 9-0.
Mr. Mayor: Thank you, judges. All right, Mr. Cheek. Let’s go ahead since you brought
up the other issue, let’s go ahead and jump to item 62 and then we’ll get into the consent agenda.
Mr. Grantham: Where you going, Judge?
Judge ??: To work. I got to work.
Mr. Grantham: All right. Well, they [inaudible] your money.
(Laughter)
Mr. Mayor: Judge, there may be a motion to reconsider in a few minutes. I wouldn’t
stray too far.
(Laughter)
62. Discuss Richmond County Marshal’s salary. (Requested by Commissioner Andy
Cheeks)
Mr. Cheek: Thank you, Mr. Mayor. In light of the most recent action of this
Commission and the request made for – by the Marshal’s Department several months ago which
is consistent with the same type of issues that the judges brought before us, I just ask this
Commission to consider a salary adjustment for our Marshal, Steve Smith, consistent with this
request. Several months ago – the Marshal’s here. I’d like for him to come address the body
with this request.
Mr. Mayor: Where is the Marshal? The Marshal here?
Mr. Colclough: He was right there a few minutes ago.
Mr. Mayor: Well, let me go to Mr. Williams, then we can come back to him if he comes
in.
Mr. Williams: Thank you, Mr. Mayor. Unlike the Marshal, the Judge did come to Public
Safety meeting. I talked with Marshal Smith and I’m not so opposed but when stuff pass –
bypass Committee, and then gets to the floor and we want to vote on it to make an increase - I’ve
got folks out here now that haven’t had those increase and I just think that it’s – this may be well
worth doing but I think it ought to go through the proper channels like everything else. I did
speak with the Marshal. I did not oppose it but I don’t think that it should – we only had one
item on the Public Safety agenda on our Public Safety meeting and this item could have very
well been there and I think they need to send back to Committee. I need to know what numbers
we’re talking about, what increase we’re talking about. I’m not opposed and Steve and I talked
13
about it but I think we need to do it and do it right, carry it though the proper channels like
everything else does. We won’t start circumventing the Committee, then we – maybe we don’t
need to have committees but I told him that I would certainly take a look at it. I say again, I
would love to take a look at it but I think it needs to go back like everything else, come through
the proper channel and I’m going to make a motion that we deny this until it goes through
Committee and be brought back like it should have been brought in the first place.
Mr. Mayor: All right. Is there a second to that motion? That motion dies for lack of a
second.
Mr. Williams: I understand.
Mr. Mayor: Mr. Cheek?
Mr. Cheek: Mr. Mayor, let the record reflect this has come through the Committee
process and I think it went through several committees when it was initially proposed several
months ago and I see the Marshal here.
Mr. Mayor: Steve, you want to come up and speak to this?
Mr. Steve Smith: This did go before the Finance Committee back, I think last February,
a year ago, and it was put on hold at that time.
Mr. Mayor: Didn’t the Commission though approve some kind of supplement? They
didn’t adjust the salary but they approved the supplement? That’s my recollection. Anybody
else recall that?
Mr. Cheek: They turned him down.
Mr. Shepard: It’s still at the statutory $65,000.
Mr. Mayor: All right. Anything further? Mr. Williams?
Mr. Williams: Yes, Mr. Mayor, and Steve and I talked along with Commissioner Cheek.
I still say that it was turned down. It was put on hold and we need to discuss it. You don’t just
have something turned down and why was it turned down? Where was the funds at? Where –
the administrator going to what account to come up with the money? That’s some things that
need to be talked about now. If we going to start this, y’all know I’m going to play the game just
like everybody else play it. If you going to put it on the full Commission and bypass a
Committee, it did not come to Public Safety at this time. We only had one agenda item. I didn’t
get a second on my motion. I’m used to that. That’s no problem but I’m telling you like it is.
I’m telling you need to do it and do it right. I’m not saying I’m opposed to it but it should not
come – bypass the Committee process and come over here and then we vote on it, then
everything else ought to be done the same way. Now if that’s the way we’re going to play the
game, I – that’s fine with me. Just let me know how you’re playing it. That’s all I need to know.
14
Mr. Mayor: All right. We need a motion. We’ve had one made and couldn’t get a
second for it. Andy, do you want to make a motion?
Mr. Cheek: I’m going to go ahead and make a motion that we approve the salary
increase requested February of last year and again, this was brought before Finance. It was put
on hold but almost identically the arguments used to support the judges’ raise are similar to what
we’ve seen in the Marshal’s Department. The Department has more than doubled. The
responsibility has certainly has more than doubled since 9/11. There’s been no adjustment in
that salary and who knows but by the grace of God and the professionalism that has been
instilled in the Marshal’s Department from this man, some of us may not be here today in light of
who was stopped at the gate downstairs with a weapon and two clips of ammunition so – just ask
everyone to consider this. This was put on hold because of the budget issues but again, we can
run the Marshal back through the process again but we’re treating him differently than we do
other people rather than similarly, especially in light of the fact that the arguments for the salary
adjustment were similar to what the judges made and I’d make a motion that we approve.
Mr. Mayor: All right. Mr. Russell, can you fill in the blank of what that number is or
Mr. Smith, do you have that? I mean, we need to put a number in the motion.
Mr. Russell: Yes, sir, I need to know a number and if I may ask for an effective date to,
which I assume would be at the beginning of our next pay period. Current salary as of, was
moved to $60,000.20 as of 12/25/1999. In addition to that, in 3/8/1990 to current, there was a
supplement of $5,990.14 to give a total of $65,999.34. It’s my understanding that the Marshal
had requested an additional $10,000 which would bring him to $75,990.34 and that was
information that I received based on the February request of last year.
Mr. Mayor: Is that the correct figure, Steve?
Mr. Steve Smith: I think it’s $1,000 too much. Right now, it’s $64,999.
Mr. Mayor: So what do you want? You want $74,999.34, is that what you –
Mr. Steve Smith: Whatever’s easiest for the accountants.
Mr. Mayor: Well, we need to put a number in the motion.
Mr. Cheek: $74,999 -
Mr. Williams: Because you might as well make it $100,000, if you’re going to do that.
Mr. Mayor: All right. Okay. Now we’ve got a motion with a number in it, we need a
second on the motion. Is there a second?
Mr. Grantham: Second.
Mr. Mayor: All right, motion been seconded. Okay. Mr. Mays?
15
Mr. Mays: Mr. Mayor, let me say this. I’m going to vote because it’s been here before,
but Commissioner Williams, probably with the exception of one word, would have probably
gotten a second and picked up some votes on his motion if it had not been for denial and just
simply been to refer back to Committee. Now, I’m going to tell you what I don’t like and I think
this puts the Marshal on the spot a little bit in terms of having to come in here today and to deal
with this. I’m not sure how much of this information is, has been put into back up today in terms
of numbers and of doing this and whether it would have come before Committee the other day in
Finance, Administrative Services or Public Safety, the judges were here during the Committee
format in order to bring theirs in. I think what has the ire of the Public Safety Chairman is the
fact that while it was not on his committee but then again on committee day, I don’t think it was
on any committee.
Mr. Williams: It wasn’t.
Mr. Mays: So its here, and I warned you all and I think, I’m giving you all my little
pardon free advice going out the door. I was going to come back and work for a dollar a year but
I’m just going get gone but you know, its, you’re trending on setting some bad precedents to a
point that you have it, Andy is correct in everything he’s said but also Marion is correct and I
think that when we have these to come up and you get one set that follows a format to be there,
and I don’t care how long its been put on hold. In fact, the worst mistakes we make is when
something’s been put on hold and then we go back and its simmered so long until the pilot light’s
run out and then we bring it in and we do it. Its something good to be brought back and I think
that, and well deserved but what I would probably have rather seen would have been to refer it
back to that committee to go through being through Chairman Hankerson’s committee or
through Mr. Boyles’ committee in Finance to deal with the money and then come out here and
approve it but this one is a five figure increase that we’re setting and it only occurs today. That’s
not good for the department head to have to be in here to deal with defending this on something
that we put on hold over a year ago because what’s going to start happening if that’s the case is if
they start popping up on these agendas. Later on where everybody’s got something that’s been
put on hold. I remind you we go three, we got classifications been put on hold in this city for
three consecutive years. We got salaries that have been put on hold for three consecutive years.
Now, you all can resurrect these suckers or you can call on Lazarus one at a time or you can get
the whole cemetery up together but you better get a procedure because last time I checked, there
wasn’t any miracle workers in this room. Maybe some preachers but no miracle workers that’s
up in here to get this done and I, I’m going to, I may go to the exception of the rule because of
where I think the justification is but I think this does not make it look good procedurally to be
out here, have to deal with this in this manner when there is a way that this should be done
because it could be that this may be yes, it’s the good one to do. What happens when the not so
good one comes along and it only hits you under here to deal with this. I mean, we, it’s just bad
moves now and I agree, if the reason with that second had been to refer back to committee and
not on denial because I’m not into denial of it. I think it goes through that and you say well, why
do it that way when you know you’re going to come back two weeks later and you’re going to
pass it. There’s no guarantee on it number one, and then secondly, there’s a procedure. You
don’t set rules if you’re not going to follow them.
16
Mr. Mayor: I agree.
Mr. Mays: So I mean, you’re going to have them and that’s not the only department to
deal with them but I think he would not be here if he didn’t think that this was going to be a
routine item to come through. And I mean, he looks good today, dressed up and sharp and is
ready to get the money but I’m just saying I think we should have handled it a little bit
differently, put it through in that committee and I’m, and I don’t mind saying if it had been in
Administrative Services, I would’ve voted for it in order to deal with it and I would have used
the same judgmental formula that I used with the judges in doing it but I think when you bypass
that whole system, it jumps out here and it comes under a format where administrators got, I’m
looking back in here and we putting numbers together on the floor and you got a hundred
thousand folk looking at us, it’s just not good business and y’all asking folk to deal with property
tax increase in June and sales tax and handling their money and I’m going to be a private citizen.
I’m just going to be a good undertaker but I’m going to tell you that it’s not good business to
violate your own rules. It’s just not and I think while however justified then you need to at least
think about it. It’s good to do but I mean, you know, if you’re going to do one, then at least it
ought to put an amendment on that motion to say to a point, hey, you know, we’re not doing this
no more, we’re going to follow the rules of how it’s done because when this fourteen, thirteen
months old, I can’t remember, maybe y’all are better than me. I can remember thirteen, fourteen
days but thirteen, fourteen months, you need to have it run through the process that it’s supposed
to go through.
Mr. Mayor: All right. Mr. Broyles?
Mr. Broyles:
Thank you, Mayor Young. A few weeks ago, I made a suggestion and had
intended and will intend and will do at the next Finance Committee meeting that we ask our
Administrator to look back within our budget because as Mr. Mays alluded to that we have had
some reclassifications that have been lingering around for the last two and a half to three years.
We’ve had some definite adjustments that have needed to be done and it’s time right now that we
looked at our mid-year budget review and I think in light of that, and in talking with Marshal
Smith and recognizing the good job that those people over there do do and what he does to make
sure that we’re safe and that this building’s okay, well, I think in lieu of what we’ve talked about,
I’d like to see us just, and let me do it,refer it back to the Finance Committee for next Monday
and maybe with the same, along with that is to ask Ms. Bonner to put on the Finance Committee
agenda that we look within our budget again, we’ve gone in this year already for roughly seven
percent and a cut at the first of the year because our employees simply have had nothing and I
understand the situation that Marshal Smith is in. He’s been kind of like the man without a
country. When he was changed over to an elected position, he was kind of isolated from the
I’ll put in
other elected officials and so we probably need to do something to clarify that out but
the form of a motion that we just refer this to the Finance Committee Monday.
Mr. Mayor: All right. Is there a second to that motion?
Mr. Cheek: I’m going to go ahead and second it to follow protocol.
Mr. Mayor: All right. Okay. Mr. Hankerson?
17
Mr. Cheek: For the time, Mr. Mayor.
Mr. Hankerson:I would just, I’ve got several questions as a discussion and I’m hearing
some good conversations on this. The first question is when this was brought before, did we lay
it on the table?
Mr. Boyles: I don’t think we did. I think we just, it was just flat turned down.
Mr. Hankerson: It was flat turned down? Okay. Well, that answered my question.
Mr. Boyles: Budget considerations.
Mr. Hankerson: Is that so, Madame Clerk? Do you remember? Was that laid on the
table or whether it was turned down?
The Clerk: No, sir. It was, that motion was to include, to be considered with the other
reclassifications.
Mr. Hankerson:if you
Okay. I wanted to make that clear. I’m asking Mr. Boyles
would accept an amendment to your motion that this will come back through the A, F and
the PS Committees?
Administrative Services, Finance and Public Safety Committees. This is
concerning personnel so it should come also through Administrative Services –
Mr. Boyles:
And I agree with, I agree with that Commissioner Hankerson. I think that
we also saw that in the last case with the judges. I think originally it was coming to Finance and
then it was kind of farmed out to the other three committees that are involved which is good. It
gets the entire Commission involved in the process in committee so it makes it a little bit easier
I have no objection to taking an amendment to that motion.
when it comes out here.
Mr. Hankerson: Right. I just want to be sure. I don’t want to overstep my boundaries as
Administrative Service Chairman. I thought personnel comes under Administrative Service and
then it should start there and then go up, I guess that’s why I was asking.
Mr. Broyles: Well, you meet, you meet one hour before we do, so.
Mr. Mayor: Anything further, Mr. Hankerson?
Mr. Hankerson: That’s all.
Mr. Mayor: Okay. Mr. Cheek?
Mr. Hankerson: You accept the amendment, right?
Mr. Broyles: Yes, sir. I did.
18
Mr. Mayor: That has been accepted.
Mr. Cheek: For clarification and a comment, Mr. Mayor. So this means that this is going
to be thrown back into the entire reclassification package or is it going to be a separate line item?
Mr. Boyles: No. No, that wasn’t it at all. I said it was a part of it.
Mr. Cheek: Because we all know how we’ve talked about reclassification for over two
and a half years and haven’t done a darn thing other than, I think the last time it was brought up
that it was not supposed to be brought back before this body so I’m encouraged that we’re going
to talk about doing something for our employees but again, the bottom line is we have just done
something for the Courts which we always seem to find additional fundings for the Courts,
rightfully so. Here again, the Marshal’s being kicked back and thankfully, I’m glad to hear it’s
not going to be lumped in with the remaining package but you do have essentially an elected
official and department head who has seen his office double and its responsibilities quadruple
who defends all of us and has, in many cases when people come to this place, the Marshal’s
Department are good will ambassadors in a difficult situation for this City. They exhibit
professionalism and that’s delivered across the board whether it’s junk cars or getting people
with guns downstairs. I don’t want to see this get lost and I’m going to take a lesson from my
twin brother, Commissioner Williams. If it gets lost in the process, it will be on the floor next
time and every time thereafter until we make an adjustment on this.
Mr. Boyles: Mr. Cheek, it’s also the intent I think as I explained that we also look at the
same great people that you’re talking about being a part of the Marshal’s Department that are
doing the job down there, we could also look at those and if you’ll help me, we’ll get this
reclassification issue off of table and try to find a way to work it out that way our employees can
at least see something as the price of gasoline and bread has risen, too.
Mr. Cheek: Nothing would make me happier, Commissioner.
Mr. Mayor: All right. Any further discussions?
Mr. Grantham: Yeah. I’m going to have the floor, Mr. Mayor.
Mr. Mayor: Go ahead.
Mr. Grantham: You know, we started out discussing the Marshal’s salary increase and
now we have gotten to a whole reclassification project that I think what we’re doing is taking the
Marshal and using him as the whipping boy to put everything in place that everybody wants and
I don’t think we need to do that. You know, in this motion that I hope is made as a referral back
to the three committees involved, we should be addressing the Marshal’s salary and then based
on the Administrator’s recommendations to this body, reclassification and involvement should
come at the next Committee meetings as well but they should not be tied together and so I hope
that’s the intent of this motion as to what we’re doing today.
Mr. Boyles: The intent was not to tie together anything. No, sir.
19
Mr. Grantham: Okay. I just want to clear that because I think there was a little confused
since we were talking about who all we were going to put in the pot and boil this thing up
together.
Mr. Boyles: Well, I may have prefaced my remarks by saying over a month ago, we
talked about looking at this.
Mr. Mayor: All right. Okay. Anything further? Go ahead –
Mr. Mays: Mr. Mayor?
Mr. Mayor: Mr. Mays?
Mr. Mays: Yes. This is just a point of information.
Mr. Mayor: Yes, sir.
Mr. Mays: I agree with my super district colleague and the substitute motion on the floor
but, and as much as this seeped out in the way it’s going, is there a potential date, Mr. Russell,
that we will be looking at that that is totally in their package again because I know we had set
some perimeters after we left the budget to refer back to this in mid-year. Are we still looking at
July, August or something of that nature?
Mr. Russell: Mr. Mays, I was hoping that we could probably go in July but if it’s the
wish of the Commission to have the information next week, I believe that I can do that. We’ve
been looking at some of that but in all honesty, I’d be more comfortable a little bit later, a little
bit later in the year but if directed to bring you that as I have been just recently, next week, I
think we can pull that together.
Mr. Mays: Mr. Mayor, my reason for asking that is that I’m going to make the same
comment that I made when we did the judges and I think you may get back to individual
references of how we did it and I’m going to support this on the committee that I’m on, I’m
going to support it when it comes back to the Commission floor but I’m going to hope to give
my colleagues their wish in reference to, I’m not on your Finance Committee but I tell you what,
I’m going to help you get your wish because I’m going to put it on the agenda as soon as Mr.
Russell gets the numbers ready because the comment I made in there was it just referred from
budget season to mid-year, from mid-year to budget season, from budget season to mid-year and
from mid-year to budget season.
Mr. Cheek: Amen.
Mr. Mays: I’m going to give y’all an opportunity to get y’all a choice to finally vote it up
or down and take the yo-yo off the folk that you been dealing with for three to four years. Now
I’m on record for voting for the first one and when I get some other folk to join me with it and
deal with it and have we passed the recommended budget that the Administrator presented back
20
in the fall of last year, we would have been on our way to covering it so I’ll make sure you get
your wish as soon as he gets the numbers and you’ll have that golden opportunity to vote for it
again, up or down.
Mr. Mayor: All right. Let’s go ahead and vote on the motion that’s been made. The
substitute motion. To go back to the committees. Ms. Bonner, you want to read the motion to
the Commissioners?
The Clerk: Yes. The motion Mr. Boyles and Mr. Cheek was to refer this back to the
Finance Committee, the Administrative Services Committee and the Public Safety Committee
for consideration.
Mr. Mayor: Okay. All in favor of that motion, please vote with the usual sign.
Motion carries 10-0.
Mr. Mayor: Now Madame Clerk, let’s see if we can build a consent agenda.
The Clerk: Consent agenda consists of items 1 through 51. That’s items 1-51.
Mr. Mayor: Would you read the alcohol please?
The Clerk: Yes, sir. For the benefit of any objectors to our alcohol petitions, once the
petition is read, if there’s any objectives, would you please signify your objections by raising
your hand? Number 9, Mr. Sherman from the License & Inspections Department on behalf of
the petitioner has requested that this item be deleted from today’s agenda.
PUBLIC SERVICES:
6. Motion to approve a request by Benjamin Brunt for an on premise consumption
Liquor, Beer & Wine license to be used in connection with The Partridge Inn located at
2110 Walton Way. There will be Sunday sales. District 3. Super District 10. (Approved by
the Public Services Committee May 31, 2005)
7. Motion to approve a request by Ki Chun Kim for a retail package Beer & Wine
license to be used in connection with Kim’s Grocery located at 232 Sand Bar Ferry Rd.
District 1. Super District 9. (Approved by the Public Services Committee May 31, 2005)
8. Motion to approve a request by Mainak J. Patel for a retail package Beer & Wine
license to be used in connection with Circle K located at 3020 Tobacco Rd. District 4. Super
District 9. (Approved by the Public Services Committee May 31, 2005)
9. Motion to approve a request by Carol S. Nattinger for a retail package Liquor, Beer
& Win license to be used in connection with Scotty’s Spirits located at 2803 Wrightsboro
Rd., Suite 15. District 3. Super District 10. (Approved by the Public Services Committee
May 31, 2005)
10. Motion to approve a request by Tsehaitu Tsegai for a retail package Beer & Wine
license to be used in connection with Lucky Land Mart located at 4706 Deans Bridge Rd.
District 8. Super District 10. (Approved by the Public Services Committee May 31, 2005)
21
The Clerk: Are there any objectors to those alcohol petitions?
Mr. Mayor: Okay. No objectors are noted. I believe we have one zoning item, don’t
we? A planning commission item?
The Clerk: Yes.
Mr. Mayor: Number 52.
The Clerk: Okay. Second reading.
Mr. Mayor: Second reading. Is anybody here for that item? Number 52?
The Clerk: Item, you want me to read the caption?
Mr. Mayor: Yes.
PLANNING:
52. ZA-R-171 – A request for concurrence with the Augusta-Richmond County
Planning Commission to approve an Amendment to the Comprehensive Zoning Ordinance
for Augusta-Richmond County amending Section 20, Professional Zone, to provide for
office or professional use which is similar in character to those listed to be permitted upon
resolution if the Planning Commission deems fit. (Approved by the Augusta Commission
in May 19, 2005 second reading)
The Clerk: Is there objectors, are there any objectors to that petition?
Mr. Mayor: That’s our second reading of that ordinance today.
The Clerk: Yes
Mr. Mayor: No objectors? All right. Ladies and gentlemen, what is your desire with
respect to the consent agenda? Do we have a motion to approve?
Mr. Cheek: So move.
Mr. Mayor: All right. Do we have a second?
Mr. Grantham: Second.
Mr. Mayor: All right. Would you like to pull any items? The Chair first would note that
we have item 13 and item 55 in conflict so the Chair will pull item 13 so we can resolve that
conflict. That’s with respect to the nautilus equipment. All right. Do you have any other items
you want to pull, Mr. Cheek?
22
Mr. Cheek: Mr. Mayor, I don’t want to pull one but just for the body, item number 35
has a word change. The Attorney and Director of Utilities have discussed and concurred that the
name change is acceptable or the word change is acceptable. I just wanted to bring that to the
body’s attention.
Mr. Mayor: All right. Does that word change need to be on the record here today?
Mr. Shepard: It should be. I believe the contract referred to the AUD procurement. It
should refer to the Augusta.
Mr. Mayor: Okay. So that’s the change. Thank you, Mr. Cheek.
Mr. Cheek: Yes, sir.
Mr. Mayor: Are there any other items that any of you would like to pull?
Mr. Williams: Yes, Mr. Mayor.
Mr. Mayor: Okay. Mr. Williams?
Mr. Williams: Mr. Mayor, I’d like to pull item 16, item 20, 21, 26 and 32.
Mr. Mayor: Okay.
Mr. Williams: 20 and 21 and 32 may be related, Mr. Mayor and –
Mr. Mayor: Okay.
Mr. Williams: - and along with item 34, I believe is a related one that I might need to
get some clarification on.
Mr. Mayor: Okay. You wanted to pull item number 16?
Mr. Williams: Right.
Mr. Mayor: All right. That is the same item as item number 1 so you’d need to pull 1
and 16.
Mr. Williams: Same item as 1?
Mr. Mayor: That’s an identical item. Two different committees.
Mr. Williams: Okay. I just need some clarification as to something that Recreation
may be able to help me with.
23
Mr. Mayor: Okay. So we’ll pull item number 1, too, Madame Clerk. 1 and 16 are the
same item. Wouldn’t want to pass it on one vote and then do something on another vote.
Mr. Williams: I understand. I understand, Mr. Mayor.
Mr. Mayor: All right. Anything further? All right.
CONSENT AGENDA:
PUBLIC SERVICES:
1. Deleted from the consent agenda.
2. Motion to accept bid in the amount of $29,800.00 to seal cracks in runways at Daniel
Field Airport. (Approved by the Public Services Committee May 31, 2005)
3. Motion to accept the Georgia DOT contract for the runway crack seal project at the
Daniel Field Airport in the amount of $22,350.00. (Approved by the Public Services
Committee May 31, 2005)
4. Motion to approve a request by Ywona L. Rich for a Massage Therapy Operators
License to be used in connection with Anowy Rich Enterprises at International Hair &
Nails located at 2834 Washington Rd. District 7. Super District 10. (Approved by the Public
Services Committee May 31, 2005)
5. Motion to approve a request by Lisa A. Kessler for a Massage Therapy Operators
License to be used in connection with Garden City Massage located at 548 Blackburn Dr.
in Martinez, Ga. in order to do outcalls in Richmond County. Districts 1 through 8. Super
Districts 9 & 10. (Approved by the Public Services Committee May 31, 2005)
6. Motion to approve a request by Benjamin Brunt for an on premise consumption
Liquor, Beer & Wine license to be used in connection with The Partridge Inn located at
2110 Walton Way. There will be Sunday sales. District 3. Super District 10. (Approved by
the Public Services Committee May 31, 2005)
7. Motion to approve a request by Ki Chun Kim for a retail package Beer & Wine
license to be used in connection with Kim’s Grocery located at 232 Sand Bar Ferry Rd.
District 1. Super District 9. (Approved by the Public Services Committee May 31, 2005)
8. Motion to approve a request by Mainak J. Patel for a retail package Beer & Wine
license to be used in connection with Circle K located at 3020 Tobacco Rd. District 4. Super
District 9. (Approved by the Public Services Committee May 31, 2005)
9. Deleted from the consent agenda.
10. Motion to approve a request by Tsehaitu Tsegai for a retail package Beer & Wine
license to be used in connection with Lucky Land Mart located at 4706 Deans Bridge Rd.
District 8. Super District 10. (Approved by the Public Services Committee May 31, 2005)
11. Motion to approve a professional services contract with W. R. Toole Engineers, Inc.
for an amount not to exceed $2,700 as referenced in RFP Item #05-090. (See May 2
correspondence from Toole Engineers) (Approved by the Public Services Committee May
31, 2005)
12. Motion to approve Augusta Public Transit’s grants applications to the Federal
Transit Administration (FTA) and to the Georgia Department of Transportation (GDOT)
for capital and planning funds. (Approved by the Public Services Committee May 31, 2005)
24
13. Deleted from the consent agenda.
ADMINISTRATIVE SERVICES:
14. Motion to award program to enhance banking opportunities for small and minority
firms to First Bank and Georgia Bank and Trust. (Approved by the Administrative
Services Committee May 31, 2005)
15. Motion to approve the subordination agreement for between Augusta Georgia and
Hilda Alexander for a low/moderate income rehab loan/grant. (Approved by the
Administrative Services Committee May 31, 2005)
16. Deleted from the consent agenda.
17. Deleted from the consent agenda.
18. Motion to approve disability retirement of Mr. Thurman Sexton under the 1977
Pension Plan. (Approved by the Administrative Services Committee May 31, 2005)
19. Motion to approve funding for the continued operation of Probate Court.
(Approved by the Administrative Services Committee May 31, 2005)
20. Deleted from the consent agenda.
21. Deleted from the consent agenda.
22. Motion to approve a request from the Augusta Youth Center, Inc. for funding in the
amount of $5,000 to continue their operations. (Approved by the Administrative Services
Committee May 31, 2005)
PUBLIC SAFETY:
23. Deleted from the consent agenda.
FINANCE:
24. Motion to approve a request from the Miss Augusta Scholarship Pageant Board
2005 Christmas Fantasy Parade Director regarding funding in the amount of $2,554 for
security services by the Sheriff’s Department and recommendation to charge same to the
Promotion Account. (Approved by Finance Committee May 31, 2005)
25. Motion to approve funding for the continued operation of Probate Court in the
amount of $41,400 from General Fund Contingency. (Approved by Finance Committee
May 31, 2005)
26. Deleted from the consent agenda.
27. Motion to approve request from the General Fund M/O contingency transfer of
$59,580 to Finance Department for the two Accountant positions approved by the
Commission. (Approved by Finance Committee May 31, 2005)
28. Deleted from the consent agenda.
ENGINEERING SERVICES:
29. Motion to authorize condemnation of Tax Map 178, Parcel 24 which is owned by
Debra Stowers and Dearick Stowers for permanent utility and maintenance easement and
Temorary construction easement. AUD Project: 50204 – Walton Acres Sanitary Sewer
Project. (Approved by the Engineering Services Committee May 31, 2005)
25
30. Motion to approve expenditure of $13,500 from General Fund Contingency to
address air quality issues in the Print Shop and the IT offices in the Municipal Building
Annex. (Approved by the Engineering Services Committee May 31, 2005)
31. Motion to approve execution of an agreement with Wilma B. Chavous for an
easement on Parcel 119-0-006-00-0 (Meadowbrook Drive). (Approved by the Engineering
Services Committee May 31, 2005)
32. Deleted from the consent agenda.
33. Deleted from the consent agenda.
34. Deleted from the consent agenda.
35. Motion to authorize execution of a contract with Parsons Water & Infrastructure,
Inc. to provide Construction Manager at Risk Services for the Highland Ave. Water
Treatment Plant Improvements Project in the amount of $877,174.00. (Approved by the
Engineering Services Committee May 31, 2005)
36. Motion to authorize payment of invoice from Master Fabricators for repairs to #4
turbine spare runner to Master Fabricators in the amount of $45,697.58. (Approved by the
Engineering Services Committee May 31, 2005)
37. Motion to authorize award and execution of a contract with Alpha Construction Co.
for the emergency repairs of the Augusta Diversion Dam in the amount of $345,444.00.
(Approved by the Engineering Services Committee May 31, 2005)
38. Motion to approve award of repair contract to the lowest responsive bidder and
establish an emergency repair budget of $250,000 for the Laney Walker Blvd. Sewer.
(Approved by the Engineering Services Committee May 31, 2005)
39. Motion to approve Change Order Number Two to Beam’s Contracting, Inc. in the
amount of $21,100.00 for the Traffic Engineering Phase II Project (CPB # 323-04-
200823591) to be funded from the project contingency account) (Approved by the
Engineering Services Committee May 31, 2005)
40. Motion to approve Capital Project Budget Change Number One (CPB # 322-04-
203822642) in the amount of $230,000 on the Pinnacle Place Subdivision Erosion and
Drainage Improvements Project to be funded from SPLOST Phase II Recapture.
(Approved by the Engineering Services Committee May 31, 2005)
41. Motion to approve Capital Project Budget Change Number Two (CPB # 324-04-
201824117) in the amount of $853,000 on the East Boundary Street and Drainage
Improvements Project to be funded from SPLOST Phase II Contingency. Also authorize
the Engineering Department to immediately process execution for the right of way
certification, upon receipt from GDOT and State Aid County Contract. (Approved by the
Engineering Services Committee May 31, 2005)
42. Motion to ratify letter of approval for the performance of a second phase of clearing
of invasive species (privet, etc.) along the Butler Creek Greenspace Corridor located
behind Pepperidge Subdivision on Peach Orchard Road. The clearing will be performed
using a $10,000 grant from U. S. Fish and Wildlife. Augusta Richmond County approval
must be received by U. S. Fish and Wildlife prior to June 3, 2005 in order to release the
funds. (Approved by the Engineering Services Committee May 31, 2005)
43. Motion to authorize the Engineering Department to enter into an agreement with
Jordan, Jones & Goulding to provide project management support via staff augmentation
in an amount not to exceed $75,000 to be funded from the One Percent Sales Tax Phase IV
Administration. (Approved by the Engineering Services Committee May 31, 2005)
26
44. Motion to approve the Deeds of Dedication, Maintenance Agreements and Road
Resolutions submitted by the Engineering and Augusta Utilities Departments for Pinehurst
Subdivision, Section Five, Phase One. (Approved by the Engineering Services Committee
May 31, 2005)
45. Motion to approve the Deeds of Dedication, Maintenance Agreements and Road
Resolution submitted by the Engineering and Augusta Utilities Departments for Walton
Acres Subdivision, Section VI. (Approved by the Engineering Services Committee May 31,
2005)
46. Motion to approve the Deeds of Dedication, Maintenance Agreements and Road
Resolution submitted by the Engineering and Augusta Utilities Departments for Walton
Hills Subdivision, Section V. (Approved by the Engineering Services Committee May 31,
2005)
47. Motion to approve the Deeds of Dedication and Road Resolutions submitted by the
Engineering and Augusta Utilities Departments for Belair Project. (Approved by the
Engineering Services Committee May 31, 2005)
48. Motion to approve the Deeds of Dedication, Maintenance Agreements and Road
Resolutions submitted by the Engineering and Augusta Utilities Departments for Pinehurst
Subdivision, Section Four. (Approved by the Engineering Services Committee May 31,
2005)
49. Motion to approve the Deeds of Dedication, Maintenance Agreements and Road
Resolutions submitted by the Engineering and Augusta Utilities Departments for the
Hamptons Subdivision. (Approved by the Engineering Services Committee May 31, 2005)
50. Motion to authorize the acceptance by the Mayor of a Right-of-Way Deed conveying
23,592 square feet (0.54 acre), more or less, in fee simple from Margaret O. Cooper in
connection with Paving Various Roads, Ph III (Haucham Hill Road), Parcel 184-0-008-01-
0. (Approved by the Engineering Services Committee May 31, 2005)
51. Motion to approve the proposed Organization Chart for the Solid Waste
Department for all positions supporting the Department to include Job Title, Work Title,
Salary Grade, Career Ladder, as well as number of positions. (Approved by the
Engineering Services Committee May 31, 2005)
PLANNING:
52. ZA-R-171 – A request for concurrence with the Augusta-Richmond County
Planning Commission to approve an Amendment to the Comprehensive Zoning Ordinance
for Augusta-Richmond County amending Section 20, Professional Zone, to provide for
office or professional use which is similar in character to those listed to be permitted upon
resolution if the Planning Commission deems fit. (Approved by the Augusta Commission
in May 19, 2005 second reading)
Mr. Mayor: So we have the consent agenda, minus items 1, 13, 16, 20, 21, 26, 32 and 34.
Did we get them all? All in favor then please vote with the usual sign.
Ms. Sims abstains.
Motion carries 9-1. [Item 47]
Mr. Colclough votes No on Sunday sales portion.
27
Motion carries 10-0. [Item 6]
Motion carries 10-0. [Items 2-4, 7-8, 10-12, 14-15, 18-19, 22, 24-25, 27, 29-31, 35-52]
Ms. Sims: Ms. Bonner? Ms. Sims: Mr. Mayor, may I?
Mr. Mayor: I’m sorry. Ms. Sims?
Ms. Sims: Sorry. May the record show that I abstain on 47, please?
The Clerk: 47? Okay.
Mr. Colclough: Mr. Mayor?
Mr. Mayor: Yes?
Mr. Colclough: Let the record show that I vote no on Sunday sales.
The Clerk: Yes, sir.
Mr. Mayor: The record will so reflect.
Ms. Sims abstains.
Motion carries 9-1. [Item 47]
Mr. Colclough votes No on Sunday sales portion.
Motion carries 10-0. [Item 6]
Motion carries 10-0. [Items 2-5, 7-8, 10-12, 14-15, 18-19, 22, 24-25, 27, 29-31, 35-52]
(It was the consensus of the Commission that Item 9 be deleted from the agenda)
Mr. Mayor:All right. Let’s go ahead and take up items no. 1 and 16 concurrently.
Madame Clerk?
The Clerk:
1. Motion to accept grant awards totaling $88,668 from CSRA Regional Development
Center for senior adult wellness and recreation services and to approve a budget resolution
to amend the 2005 General Fund budget accordingly. (Approved by the Public Services
Committee May 31, 2005)
16. Motion to accept grant awards totaling $88,668 from CSRA Regional Development
Center for senior adult wellness and recreation services and to provide a budget resolution
to amend the 2005 General Fund budget accordingly. (See background information under
Item 1 on Public Services agenda) (Approved by the Administrative Services Committee
May 31, 2005)
28
Mr. Mayor: You’ve got a question, Mr. Williams?
Mr. Williams: Yes, sir. Tom, I just wanted to find out something and we’ve got the
people from Merry Street that been here. Is there any way that any of this grant money can be
used for the wellness of the seniors at that facility to get their facility back like it was going? Is
there any way we can use any of this funds for that?
Mr. Beck: No, sir. These funds are strictly wellness and recreation related to the senior
nutrition sites that we have within the system.
Mr. Williams: Now, I’m confused. You say wellness and what? Recreation?
Mr. Beck: They’re wellness and recreation for the senior services sites that we have
within the city that already see supports, which are Carrie J. Mays, Brigham, Sand Hills, Blythe
and McBean.
Mr. Williams:
Is this money, can this money be used for that and some other money be
used that was being used? Can we transfer some monies? Can, is, there’s no way we can co-
mingle some monies to try and get this facility back? Now these people are, let me just the
question. Tom, we’re going to get in there. Just, if there’s a way to get the facility back up and
going, I think we need to try and get at least something going. It may not be they put it back at
the capacity it was but I wanted to ask the question could we co-mingle some of these funds with
some existing funds in order to be able to try to get that, and I know you made the cuts and I
know you know about it so I’m just trying to get them, because they have not forgotten it, and I
don’t think they’re going to forget it. I think it’s going to be every week whether the Mayor be
here or not, I think they’re going to be here every time we meet and I think they ought to be. I
think I’d be persistence, that’s what they’re doing and I’m just trying to find a way to try to get
something rolling even if there’s one area, one particular thing they can be doing until we can get
some other fund from somewhere else but that was my question. Since it can’t be used, Mr.
I make a motion we approve it but with Tom looking at what he can, you know, to
Mayor,
help that situation.
Mr. Mayor: All right. A motion to approve. Is there a second?
Mr. Colclough: Second.
Mr. Mayor: Okay. All in favor then, please vote with the usual sign. Tom? Don’t go
too far.
Mr. Grantham out.
Motion carries 9-0.
Mr. Mayor: All right. Let’s go ahead and take up items no. 13 and 55, if we could,
Madame Clerk? That’s a Recreation item. I assume it’s a Recreation item
29
The Clerk: Yes.
Mr. Beck: Mr. Mayor?
Mr. Mayor: Let her read the caption first.
The Clerk:
Hold up. Hold up. Wait, I’ll get it to you.
13. Motion to approve the purchase of fitness equipment for the senior service program,
bid item #05-101, from the low bidder, Nautilus, Inc., in the amount of $69,852.25.
(Approved by the Public Services Committee May 31, 2005)
55. Motion to rescind the Public Services Committee approval (no. 13 under Public
Services consent) of Nautilus, Inc for the purchase of fitness equipment for the senior
service program, bid item # 05-101, and approve the low bidder meeting specifications,
Cybex, Inc., in the amount of $70,072.37.
Mr. Mayor: Tom? You’d like to speak to that?
Mr. Beck: I certainly do. Mr. Mayor, members of the Commission, sometimes honesty
is the better part of valor and in all honesty in this case, we came before the Public Services
Committee last, I believe it was last Tuesday with a dead recommendation that we thought a
company met the specifications as the low bidder. In doing our due diligence that we should
have done prior to coming to committee with you, we have found that the company that we
recommended, Nautilus, did not meet the specifications set forth. Therefore, their bid really is
moot and the low bidder meeting specifications is recommended in item no. 55 which is Cybex,
so that would be our recommendation, Mr. Mayor.
Mr. Mayor: All right. Barbara, did you want to say something? Go ahead.
Ms. Sims: Oh, well, I will. Thank you. I just, I’m grateful to you and your department
for picking up on this before we made a really big mistake so I’m good with this. This is what,
you’ve made a mistake, you’ve admitted it, that’s fine. Thank you.
Mr. Mayor: You want to make a motion?
Ms. Sims: Yes. I’d like to make a motion that we approve the fitness equipment
Cybex, is it Cybex?
Mr. Beck: Yes, ma’am.
Mr. Mayor: Anybody got a second? You got a second?
Mr. Colclough: Second.
Mr. Mayor: Okay. Further discussion, Mr. Williams?
30
Mr. Williams: Yes, sir. Tom, did, now this is equipment for the senior sites, is that
right?
Mr. Beck: Yes, sir. Directly related to the wellness and recreation grants that you just
approved.
Mr. Williams: Okay, now the wellness grant that we approved is going for those
nutritionist centers so, is that right?
Mr. Beck: Yes, sir.
Mr. Williams: So all of the nutritionist center would be getting this equipment, is what
I’m trying to find out.
Mr. Beck: Those senior, we’re trying not to call them nutritional sites. They’re senior
service sites.
Mr. Williams: Okay. Senior service sites. But all the senior service sites that are doing
this service will get, will receive this equipment?
Mr. Beck: That’s correct.
Mr. Williams: Okay. I’d like to have a list of those too, Tom, so I’m at that age, I can
use it.
Mr. Beck: It’s those five sites I just mentioned. Carrie J. Mays –
Mr. Williams: Okay.
Mr. Boyles: -- McBean, Blythe, Brigham, and Sand Hills.
Mr. Williams: Okay, well, don’t be surprised y’all see me in there.
Mr. Mayor: You get an employee discount too, Marion.
Mr. Williams: I hope so.
(Laughter)
Mr. Mayor: Any further discussion? All in favor of the motion for Ms. Sims then, please
vote with the usual sign.
Mr. Grantham out.
Motion carries 9-0.
Mr. Mayor: Item 20 now.
31
The Clerk: Item 20. Item 20?
Mr. Williams: 20 and 21 and 34, Mr. Mayor.
Mr. Mayor: They’re all the same?
Mr. Williams: I think they’re related. Max may be able to address that.
The Clerk: Okay.
Mr. Mayor: We can do it all in the same discussion then.
The Clerk:
20. Motion to approve reclassifications in Utilities needed as a result of reorganization
and additional responsibilities. (Approved by the Administrative Services Committee May
31, 2005)
21. Motion to approve new positions in Utilities Department needed as a result of
reorganization subject to the inclusion of the revised reclassified positions from Customer
Services Division. (Approved by the Administrative Services Committee May 31, 2005)
34. Motion to approve new positions in Utilities Department needed as a result of
reorganization (Received as information by the Engineering Services Committee May 31,
2005)
Mr. Mayor: And then Item 34, that’s –
Mr. Williams: Well, let’s – that we can, Mr. Mayor, let’s take those two please. Then
we’ll drop the 34. I think the 34 is going to be a little bit different. It’s in the same department
but –
Mr. Mayor: You think it’s going to be a little different?
Mr. Williams: I think it’s going to be different.
The Clerk: Item 21 and 34 are companion items.
Mr. Williams: Right.
Mr. Mayor: It’s the same item.
The Clerk: Same item.
Mr. Mayor: Same –
Mr. Hicks: 20 and 34 are the same items.
32
The Clerk: 21 and 34.
Mr. Hicks: And 21 and 35 are the same items. No, excuse me. 21 and 34 are the same
items. I’m sorry. I’m sorry. 21 and 34 are the same items. You’re right.
Mr. Mayor: Wait. 20 and 34 are the same items?
The Clerk: 20 and 33 are the same items.
Mr. Hicks: That’s right.
The Clerk: 21 and 34 are the same items.
Mr. Mayor: Thank you, Madame Clerk, for keeping us all straight here. All right. Be
that as it may –
Mr. Williams: Wait, Mr. Mayor.
Mr. Mayor: You had questions?
Mr. Williams: 20 and who is related?
Mr. Mayor: 20 and 21, 33 and 34.
The Clerk: 20 and 33, 21 and 34 are related.
Mr. Mayor: That’s the family.
The Clerk: Yes.
Mr. Williams: That’s it. That’s it.
The Clerk: And 20 and 33.
Mr. Williams: And committee, Max, when we talked in committee about the service side
of it being included in this. They have been included now, is that right?
Mr. Hicks: What happened, Commissioner Williams, is this. Item, item 20 stayed as it
was. That, that one seemed to be okay to the committee just as it was but item 21 was the one
that dealt with the new positions and there was a request on the part of the customer service
group to rework their particular part of this agenda item. We, as Commissioner Mays had said,
he gave us 48 hours to work it out and come back with a item that did in fact include the
reworked positions in, in customer service. We did that. We met the next day with Alma and
Glenda and Joan who are here today to stand up for it if, if they need to and reworked that
particular one. I, I said then I thought they had a better idea, and they did. They have come up
33
with a, the positions that really gives them upward mobility for their supervisors and managers.
Now that still leaves the upward mobility for the other workers as you had mentioned. That’s the
one that we intend to bring with this oft-discussed reclassification effort. That, that will come
forward at that time but this one deals with providing upward mobility in the customer service
department similar to what exists in construction and maintenance, when you set it up that way
so we, we were able to meet the challenge that was put before us and bring this agenda item to
you.
Mr. Williams: Now, now what about the maintenance part? What about the, the water
meters? We talked about the maintenance people that we talked about that hadn’t had anything
done similar to the marshal, Andy, who’d been here all these years and we got people been here
25 and 30 years have not been, been addressed and I’m trying to figure out where we are with
that max because we, we talked about that. We done changed several time with the upper level
with new positions and putting new people over the equipment we got and I understand that but
does this take any of those people we talked about?
Mr. Hicks: No, sir. The one that will take in those that you’ve been asking about will be
the one that I believe was discussed for the Administrator to bring back. Ms. Pelaez is sitting
over there. I, there were really two different mentioned about, at the last meeting, y’all gave
them thirty days to come up with the amount of money that was going to be required and then
come back but then I heard today that you wanted them to come back, I think at the next
committee meetings. Now insofar as ours are concerned, we’d be ready by the next committee
meeting to come with them. I don’t know if in fact the rest of the city would be able to or not but
we’re ready to roll.
Mr. Williams: Well, I –
Mr. Hicks: I’ve been told that we can’t do it by ourselves, that the rest of the city has to
come along.
Mr. Williams: Well, now Commissioner Cheek might need to help me because we talked
about it when the house burning down, are we going to save the ones we can save or just walk
away say we can’t save nobody and Water Works has got the money. Now Water Works has
been blessed to be able to generate some revenues. We, we offered our services in technology
and, and hired some folks and I been asking why hadn’t the little people been considered. We
have gave increases to upper level management. We even created new positions. We done
reclassified but we have not done anything but we got the money. Now if the house is burning
and we can save the baby, then let’s save the baby, Max, while we can. Why, why would we, we
not brought that and the money’s there? The rest of the city isn’t going to have the money that
Water Works have because it’s an enterprise situation, isn’t that right?
Mr. Hicks: Commissioner Williams, yes, sir, we do. And to use a vernacular that you
and I are most familiar with, you’re preaching to the choir.
Mr. Williams: I understand.
34
Mr. Hicks: I’m all in favor of it if they’d turn us loose and another brother over here,
we’d be, we’d be willing and ready to roll. It’s just that I’ve been told that we can’t do it so –
Mr. Williams: Who told you, Max? Because somebody need to tell me why you can’t
do it. We, Ms. Pelaez, will you come up then? We got, we got the monies now and we been
talking about this not for a month, not for two months, but for at least six months, we been
discussing why the lower level, the people who read the meters, the people who walk the street,
the secretary who answer the phone, the folks that really keep this government rolling have not
been serviced and the money is there. Ms. Pelaez?
Mr. Russell: Mr. Williams, if I may? I think Ms. Pelaez and I have had this conversation
on numerous occasions with Mr. Hicks and while I agree with what you’re saying, the position
that that would put us in is very simply one that I don’t think we, we should be in and the fact
that while I would agree that people should get, the people that are doing the work, we need to
look at as closely as we can. The problem we run into is when you have specific people that
have similar job titles and specific duties across the government, i.e., the laborer in Max’s
department versus the laborer in Public Works or Recreation. They’re comparable jobs,
comparable responsibilities and comparable duties. If we start designating those people
differently than, because of the fund that their dollars come from when that funding is available,
we put ourselves at a great deal of risk, risk for inequities in our payments.
Mr. Williams: Mr. Russell, let me ask you a question now then because we, we, me and
Max can preach all day, but let me ask you a question. If you do, if you did so with the upper
level people in Max’s department as we done, reclassified, we made increases, we, we turn
around and gave a new position for the Max Hicks Plant we had to have. We, we brought the
salaries up and I don’t, I can’t remember all but I got a collect, we got all that somewhere on tape
or written down somewhere how we done did some stuff with the upper level management in the
Water Department so why can’t we use something to help the little people that’s there and the
money is already there? If we didn’t have the money, I could see what you’re saying but the
money is there to do it but –
Mr. Russell: The problem is that the money’s not other places to do it and that’s the big
issue at this particular point in time. The changes that we made in Utilities are consistent with
either new responsibilities that these people have had or changes in job assignment or
reorganization where they would take over additional responsibilities. And we’re still trying to,
it’s still apples and apples and oranges and oranges as far as that goes. If, if there was not any
change in duties, change in responsibilities, additional duties and responsibilities, there should
not have been any regrades, and I think we’re comfortable that we did that. I mean, I agree with
Max and I agree with you that it’d be great to be able to do that but I think it puts the government
in an untenable position that would, that would not be easily defended if brought forth by
somebody that had a similar position in another department. And I think we’re comfortable with
what we’ve done. I think, we are comfortable with what we’ve done at the upper levels.
Mr. Williams: I, I don’t have anything else. No, No. Mr. Mayor, but I have nothing
else. Mr. Cheek might have something. I don’t know.
35
Mr. Mayor: Okay. Mr. Cheek?
Mr. Cheek:
Thank you, Mr. Mayor, and you know, I know for a fact we weren’t
sweating the bullets when the firefighters at the airport were paid significantly less than the
firefighters within the city and they were all somewhat related and so forth but I’m, I’m very
I’m going to make a motion to approve the
pleased to hear this debate take place.
reorganization and so forth, and ask Max to bring those positions back on Monday if
they’re prepared.
Bottom line is we’ve jerked the employees of this city around for over two
years now, since the reclassification, three years now. Commissioner Boyles has got some ideas,
there’s been several ideas floated about finally doing something to reclassify and handle these
things. I mean, there’s vast disparities that have occurred between former city and county
employees and utilities department and others for pay. We’re doing the same job which has us in
a position of liability for years. I hope this body will see fit to pass these reorganizations.
Utilities by virtue of its funding source has become the flagship of reorganization and a lot of
other things that we can’t afford to do in the other departments. I urge you to pass this today and
let’s work on doing the same things, funding and providing the tools and wages for our other
departments like we have utilities and I’ll tell you, we’ll be amazed to see what the quality and
productivity increases will be if we put the tools and funding in our people’s hands but anyway,
motion to approve these –
Mr. Mayor: It’d be items 20, 24, and 34.
Mr. Cheek: That’s correct, sir.
Ms. Sims: Second.
Mr. Mayor: Motion is seconded. Is there further discussion? All those who approve,
then please vote with the usual sign.
Mr. Williams votes Present.
Mr. Mays out.
Motion carries 8-1.
Mr. Mayor: The next item is by my count, Madame Clerk, is 26.
The Clerk:
26. Motion to approve a request for General Fund Contingency Transfer of $73,000 for
the Special Called Election. (Approved by Finance Committee May 31, 2005)
Mr. Mayor: Mr. Williams?
Mr. Williams: Mr. Mayor, this is for, for the July election? Is that – what, what –
Mr. Mayor: It’s June.
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Mr. Williams: June. I’m sorry. June. This is for the June election?
Mr. Mayor: Yes.
Mr. Williams:I make
I was just trying to specify which election we was talking about.
a motion we approve.
Mr. Grantham: Second
Mr. Mayor: Discussion? All in favor, please vote with the usual sign.
Mr. Mays out.
Motion carries 9-0.
Mr. Mayor: Okay. The next item is number 32, Madame Clerk.
The Clerk: 32.
Mr. Williams: 32 was approved.
The Clerk: I have 32.
Mr. Williams: Is that, that the one with 34?
The Clerk: No.
Mr. Grantham: That was the one with 20, 21, and 32, wasn’t it?
The Clerk: No.
Mr. Mayor: 32 was not part of that.
Mr. Grantham: Okay.
Mr. Mayor: 32 was pulled individually.
The Clerk: Mayor, would you like item 32?
Mr. Mayor: Yeah. 32.
The Clerk:
32. Motion to authorize the Augusta Utilities Department to prepare pre-qualification
packages and advertise “Request for Qualifications” through the Procurement Department
for the James B. Messerly Water Pollution Control Plant (WPCP) Master Plan
37
Implementation Phase 1 Project using the Construction Manager at Risk delivery method.
(Approved by the Engineering Services Committee May 31, 2005)
Mr. Mayor: Mr. Williams, you’ve got a question?
Mr. Williams: Yes, sir. Max, if you will, and I was out to the Max Hicks Plant the other
day. It was really, really nice. I think that’s, but I need to ask you about DBE, all our ducks in a
row with this, that, that it’s going forward.
Mr. Hicks: Don, you want to?
Mr. Cheek: What item is this?
The Clerk: 32.
Ms. Gentry: Commissioner, going forward I think what the procedures is, is for Mr.
Hicks’ office to establish a committee. He has agreed to ensure that I will be a part of that
committee, therefore I could identify the DBE participation on the front end and not on the back
end.
Mr. Williams: So you feel good with this?
Ms. Gentry: Yes, sir. It’s in the agenda.
Mr. Williams: So move, Mr. Mayor.
Ms. Sims: Second.
Mr. Mayor: Got a motion and a second. Just a matter of discussion, Mr. Hicks, let me
just commend the Utilities Department for exploring these alternative delivery methods. I think
there is some real creativity in the industry right now and it’s good that we’re taking advantage
of it. It saves our rate payers money in the long run. Thank you for that.
Mr. Hicks: Thank you.
Mr. Mayor: Any further discussion? All in favor then please vote with the usual sign.
Mr. Mays and Mr. Colclough out.
Motion carries 8-0.
Mr. Mayor: Now that we’ve completed the consent agenda, in view of the hour, we’ll
take a five minute recess and then come back and deal with the regular agenda.
[RECESS]
Mr. Mayor: Item 53.
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The Clerk:
PLANNING:
53. Z-05-46 - A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Woody Belangia, on behalf of Edward Sikes,
requesting a change of zoning from Zone A (Agriculture) to Zone R-1E (One-family
Residential) to approve a single-family attached housing concept affecting property located
on the northern portion of 3745 Old Waynesboro Road and containing approximately 24
acres. (Tax map 170 Part of Parcel 3.01) DISTRICT 8 (Deferred from the May 19, 2005
meeting)
Mr. Mayor: All right. Is the petitioner here today? Okay. All right. We deferred this
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from the meeting on May 19. I don’t believe you were here at that meeting, were you?
Mr. Belangia: Yes, Mayor. I don’t think you were here.
Mr. Mayor: That’s right. They were here. That’s right. You were here. All right.
Ladies and gentlemen, what’s your pleasure today? You have some questions? Mr. Grantham?
Mr. Grantham: Yeah, I do, Mr. Mayor.
Mr. Mayor: Go ahead.
Mr. Grantham: Mr. Belangia, did, did y’all meet like we talked about and you got the
rebuttal?
Mr. Belangia: We did. There was some, there are some people here who want some
questions and –
Mr. Grantham: All right.
Mr. Belangia: - I met with the association, the concerned neighbors and it all went well.
I think they saw that what I was going to build was the kind of thing that they wanted, not, not
something they were objecting to.
Mr. Grantham: Okay. Then I’m going to yield to the Commissioner of District 8 and let
him comment, Mr. Mayor.
Mr. Mayor: All right. Mr. Smith? Go ahead.
Mr. Smith:
Thank you, Mr. Mayor. The Goshen Association did meet and after talking
to them, when they finished, they were satisfied and they have no problem. I talked to them
I make a motion that we approve.
today and they support what you’re trying to do.
Mr. Grantham: Second.
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Mr. Mayor: Motion and second. Any further discussion? All in favor then please vote
with the usual sign.
Motion carries 10-0.
Mr. Belangia: Thank you.
Mr. Mayor: Thank you. Number 54.
The Clerk:
PUBLIC SERVICES:
54. Approve an amendment to Augusta Richmond County Code Title 4, Chapter 2,
Section 74 to prohibit the outside storage of tires where water could accumulate in such
stored tires. (Deferred from the May 19, 2005 Commission meeting)
The Clerk: On our addendum agenda, item 54 is the revised ordinance that Mr. Sherman
sent in. I think he can explain the delay in not getting it in the book.
Mr. Sherman: Okay. I apologize for not having the ordinance to you in time. I think
what you have before you is the revised ordinance that was, and it represents what you discussed
at the last commission meeting. The original proposal was to say that for tire dealers dealing in
new, used, scrap tires, if they stored them outside, they had to be in a building, under cover and
blocked from view of the public right of way. After the discussions at the last commission
meeting, the proposal that you have before you, I think, reflects that. It’s to say that those
businesses that store new, used or scrap tires outside, they can do that provided that they are
stored in such a way as not to harbor, let me read it to you so you’ll have it exactly. It says it
shall be unlawful for any person or entities to store new or used tires outside in the weather in
such a manner as determined by the Richmond County Health Department so as to provide
harborage for mosquitoes. New or used tires stored outside are not to be visible from any public
right of way or adjoining property.
Mr. Mayor: Mr. Sherman, how would the Health Department know that a business has
tires improperly stored if they’re not visible from the public right of way? How would they
know if any business had any tires being stored? How do you monitor this?
Mr. Sherman: Okay. A few years ago, we had applied to EPD. Georgia EPD had
received a grant for a scrap tire inspector, environmental inspector. That grant played out. We
still have the, or we have a person who’s still performing those functions and we would be
monitoring the sites for the, the tires, scrap tires. Anyone dealing in tires is to keep a, an invoice
or records of who they, who picks up the tires and what disposal site they’re taken to so we
would continue to do that function. If the tires are out there and if we, we see that they’re
beginning to accumulate stagnant water in them, then we would call the health department who
enforces the mosquito ordinance.
40
Mr. Mayor: What I’m saying is you wouldn’t know that they were accumulating water,
if they were stored out of site of the public right of way –
Mr. Sherman: Correct.
Mr. Mayor: - unless you just, your people took the time to go around and physically
inspect all of these places on a continual basis.
Mr. Sherman: We do. Right. It would take a, a physical inspection of the site.
Mr. Mayor: Yes. Mr. Williams?
Mr. Williams: Thank you, Mr. Mayor, and I agree with you, Rob, how do stack a tire
where it won’t accumulate water, I guess. That’d help me out a great deal if I could figure out
how, how can you stack one that sits outside that won’t attract, that won’t hold water?
Mr. Sherman: If the tires are stacked, and they do accumulate water, then it’s my
understanding after speaking with Mrs. Turner that they would give the business owner some
guidelines on what to do to correct the problem, the mosquito issue. The tires would collect
water in them if they’re exposed to the –
Mr. Williams: Is there any fine associated with finding those tires and you’re talking
about the health department going to and inspecting and give out instruction, but who, who’s
going to be ultimately responsible for seeing if they’re out of compliance or if they are out of
compliance? We, we been wrestling with this thing back and forth. This is a very, very serious
issue. This is something that we deal with every year and here it is. We’ve had all of this rain in
the past week and I got no doubt in my mind that they have already started to accumulate from
the water that’s just sitting around the city but when you got tires and I think that’s the first home
of a mosquito is to, to reproduce in, in that environment but if we got no way of stacking them
and we don’t want to tell the people to shelter over them, are we saying to the taxpayers of
Richmond County then, you know, there’s nothing we can do or we’re not going to do anything?
What are we saying?
Mr. Sherman: Well, I think what we’re saying is best we can, I think it’ll be a joint effort
between the License and Inspection Department and the Health Department to, to monitor these
businesses. The businesses that sell new tires that store them outside as well as the scrap yards,
salvage yards, and it’ll be a joint effort to address the potential problem of having the breeding
grounds in tires where there’s water accumulating.
Mr. Williams: Mr. Mayor, I’m going to make a motion we approve this and let me
tell you what I’m going to do. I’m going to make a motion that we approve this on a trial
basis
to see what effect it’s going to have or what it’s really going to do when it comes to this
scorching heat I’m looking for to determine that the mosquitoes is going to breed in so we done
had this thing back and forth. We had a cover over it. We took that off. Now we’re going to
stack them in a manner where they won’t accumulate water. And whoever discovered that ought
41
to be a rich man or woman who can stack a tire where it won’t accumulate water. It’s going to
so I’m making a motion to approve.
be amazing
Mr. Mayor: Let, let me ask you in your motion, Mr. Williams, just to clarify two points
and then we’ll solicit a second. You say you want to do this for a trial period. It would be
helpful if you put a, some of kind of a time period on that at which time a report would come
back and so this is not an open-ended thing, 90 days, 120 days, or whatever.
Mr. Williams:
Yeah. I’m going to ask Mr. Sherman if he could give me a time period.
I don’t know. What do you think is feasible and what do you think is, is fair? We were talking
what time period, Rob, do
about being fair. I want to be fair with the business owners so what,
you think would be good
to –
Mr. Sherman:until the first of next year
I would say . That’d give us a chance to
work through this season.
Mr. Mayor: All right.
Mr. Williams: Okay.
Mr. Mayor: All right. And then, then the other point is do you want to waive the second
reading on this or do you want to bring it back for a second –
I’d like to waive the second reading of that motion as well
Mr. Williams: No. so we
can go ahead and get this process going and then we get some reading back from his department.
Mr. Mayor: All right. Is there a second to the motion?
Mr. Cheek: Second.
Mr. Mayor: We have a second to the motion. All right. Further discussion? Any
discussion? All right. Ms. Sims?
Ms. Sims: Thank you, Mr. Mayor. I wish it was going to be that simple to have the tires
be the only culprit of our mosquito population. However, with all the rain we’ve had, the least
ditch is holding water now. People’s yards are holding water. I don’t really see how you’re
going to decide if the tires are what is producing the mosquitoes. I’m all for tires not producing
mosquitoes but I don’t see how you’re going to judge that because there’s water standing
everywhere. People have, have buckets in their yards full of water. People have trashcans that
aren’t turned over. They’re full of water. Every bit of that is a breeding ground so I think to tell,
to say the business owner is the reason for our mosquitoes is an injustice so I, you know, while
you’re looking, maybe you better broaden that to see what else we can do.
Mr. Williams: Look here, Mr. Mayor. First of all, Ms. Sims, I never said that the
business owners was the only source, only problem that the mosquitoes was doing. See, I had
Mike Ryan come over and ride with me a while in my district and I would like to take you again.
42
We looked at some houses, but I’d like to take you again to where all of the junk yards, all of the
tires being stored, all of the trash, all of the empty garbage cans that’s sitting there with the lids
open, sits there, and when the, and these tires is just an addition to what, that my district deal
with. But it, but mosquitoes don’t stay in District 2, that’s one good thing now.
(Laughter)
Mr. Williams: I mean, they, they take wings and when they do, they do fly and they go
everywhere but I’ve got the bulk of it and I, this is not about the business owner but this is one of
the problem that, that I have to deal with and the used tire have always had this in the, in, you
know, in the law for used tire to be covered. The new tires that are stored outside, people can
just leave tires. I talked to Robert Leverett today about a lot that was cleaned off. He cleaned
half the lot and it looks good but the other half was just as bad as the front side and I asked him, I
said Robert, you know, we can’t stop there. This is a serious issue. You talking about people
who get infected anywhere and everywhere with the mosquitoes and it just a part. Hopefully, we
can get the tire situation somewhat under control and we, we’re cleaning up and trying to advise
people to, to not leave even the dog pails out with water in them because that, it’s a special time.
Commissioner Cheek even brought to the water department about putting larvae in those, those,
every that do hold water so we’re trying to combat this thing. We’re trying to stop it from
spreading and getting worse. Now we’ve been blessed so far. Augusta sits in a hole. All of the
rain run downhill. All the water run downhill. We have been truly blessed in Augusta for we sit
in a valley and the water that comes in, the streets where flood in a, in a second, all the ditches
you talking about. I don’t want to go through that but I can tell you about all the ditches now. I
can tell you about all, where there’s no sidewalk and no drainage. We’ve got to do something
and I, I’m trying to get something in place. Not to put anybody out of business or to make
anybody do anything different but to make sure that we can protect the citizens of Richmond
County the best we know how and that’s why I ask for this, Mr. Mayor, so –
Mr. Mayor: All right.
Mr. Williams: Six months is just a time.
Mr. Mayor: Ms. Sims?
Ms. Sims: Thank you, Mr. Mayor, and Commissioner Williams, you know that I agree
with you on, on your district. I’ve ridden in there with you and I understand what you’re dealing
with. I just want to be sure that when we’re looking at this, that we look at things like the
ditches, that we look at tires in somebody’s back yard, if there’s junk, that, we need to look at the
whole thing. We don’t just need to look at new tires or old tires that are being stored in a
business sense. We need to look at them that are in yards that shouldn’t be in yards so they need
to be gone. They don’t need to be in yards. I think that’s part of what you’re dealing with. Is
that right, Commissioner?
Mr. Williams: Yes, ma’am, and we –
Ms. Sims: And I agree with you.
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Mr. Williams: We’re addressing that and this is just one of the steps that help us get
closer to where we are, where we want to be. We’ve done a great job in clean up with this city,
with our trash, with our garbage service that we got now. We’ve been able to clean up some
situations that’s really deplorable, that people shouldn’t have to live as such and what it does,
Commissioner Sims, it spreads. It don’t stop unless you effectively do something in every
aspect, it spreads and what’s happening in the inner city, it’s spreading out to the outer part of the
city right now. I’ve got communities out in Commissioner Colclough to see who, who’s really
upset about some things that are happening because it’s beginning to spread and we’ve got, we
got to stop it. Same thing as cancer.
Ms. Sims: All right. How, one more little thing. I agree and I’m, you know, I personally
found myself the other day finding an empty flower pot full of water. My fault. So I think
maybe in some way we can educate the public to walk around on their property. Everybody’s
property. Everybody ought to be responsible for cleaning every aspect of their property that
might, that might hold water. That might make mosquitoes because you’re right, they might
breed in District 2, but they come everywhere.
Mr. Williams: That’s right.
Ms. Sims: Thank you.
Mr. Mayor: We go to our resident tire expert, Mr. Smith.
Mr. Smith: Thank you, Mr. Mayor. Mr. Williams wants to know how to stack tires.
You stack them like doughnuts.
Mr. Williams: So, so it won’t get water in them now. I know how to stack them but
stack them so it won’t get water. That’s what I want to know.
Mr. Smith: I understand. I got the floor, Mr. Williams.
Mr. Williams: Yes, sir. Just answer the question though, Mr. Smith.
Mr. Smith: Stack them like doughnuts and put the cover over the top of them. I think it’s
wrong to pick out one business and then say this is going to stop the mosquito problem. It’s not.
Mostly what Ms. Sims has brought out is, is really where the big problem is and to tell a business
they got to build a building to put tires in that are used or thrown away or whatever is wrong
after you’ve already been in business and had a business license for x number of years. It’s, it’s
not a problem over at Smith Tire Company because we don’t have any outside. None. But I
know it’d be a problem with a lot of people and I, I think there’s another approach that ought to
be made.
Mr. Grantham: Call the question.
Mr. Williams: Mr. Mayor, if I could respond?
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Mr. Mayor: All right, Mr. Williams.
Mr. Williams: Thank you, sir. Mr. Smith, I’m, I’m glad to know that you’re a tire
businessman that have your tires covered up. That proves that they can be done so I, I don’t
know what one business you were speaking of. There is no one business. I can name several
business in my district. In fact, ninety percent of them is in my district that holds tires, putting
them on and taking them off. From Gordon Highway all the way down to Molly Pond Road but
that’s, this is not about one business. This is about some things that need to be done that we need
to be aggressive on and if you would share your information maybe with some of those existing
business, some of those new business, how you do it, maybe they, I mean, evidently it’s no strain
because you been doing it for, I think, a number of years. So you might be to share with them
and help them get, get to that level.
Mr. Mayor: All right. Is there any further discussion? We’ve had the question called by
Commissioner Grantham to move ahead with the vote on the motion. The motion is to approve
with the time limit as specified by the maker of the motion and to waive the second reading. All
in favor, please vote with the usual sign.
Mr. Smith votes No.
Motion carries 9-1.
Mr. Mayor: All right. The next item is No. 56.
OTHER BUSINESS:
56. Discuss the appointment of the Fire Chief. (Requested by Commissioner Andy
Cheek)
Mr. Mayor: And before we take it up, Mr. Russell, did you have a recommendation with
respect to the appointment of the Fire Chief that you wanted to make out here or did you want to
have some discussion in legal before you brought it out to the floor? I’d like to respect your
wishes on this.
Mr. Russell: Mr. Mayor, I’d prefer to discuss it in legal prior to bringing it to the floor.
Mr. Mayor: All right.
Mr. Russell: And I would ask that this item be continued until after legal.
(It was the consensus of the Commission that this item be deferred until after the legal
meeting)
Mr. Mayor: We’ll defer this until after the legal, okay?
The Clerk: Yes, sir. What now?
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Mr. Mayor: Now, I know a number of people in the audience here for this item. If you’ll
just stay with us, we’ll, we’ll get there. All right. Item number 57 then.
The Clerk:
57. Discussion Interim Mayor Position. (Requested by Commissioner Bobby
Hankerson)
Mr. Mayor: All right. Mr. Hankerson? You asked for this?
Mr. Hankerson:
Yes. Thank you, Mr. Mayor. I asked for this item to be placed on the
agenda because you are, presented your letter of resignation to be accepted as your final day June
th
20. That’s a very short period of time. I think it’s very important for us to appoint someone to
serve as the Interim Mayor so they can have the proper transitional time to, with you before you
depart from your position. I think that’s very important. We, we’ve been, we haven’t had really
a formal discussion about it. I know that there may be some interest out there but I think that
since you are, received a letter back from the Governor today, I think that’s one of the things that
I have discussed with the attorney, that when the seat becomes vacant or when it’s time for us to
go ahead and proceed with that. It’s a short time now so I think today that we need to go ahead
and present the names of prospective Interim Mayors and vote on it and decide, make that
decision today. I think the person, I also think the person, my opinion that will be the Interim
Mayor should not have any interest in running for the seat of Mayor so they could just focus on
the business of the Mayor’s office and then in September when we have the election that
everybody would, that’s interested in the seat for the Mayor’s position, would have that
opportunity to run for Mayor and that person that’s serving as Interim can go ahead and have the
transitional period with you and focus for the next few months on the business that, the day to
I would like to motion that we begin a
day business of this government. With that in mind, I,
nomination process at this time
.
Mr. Mayor: All right. Before I ask for a second for the motion, I think the
parliamentarian ought to make a comment so let me recognize the attorney.
Mr. Shepard: Well, thank you, Mr. Mayor. I wanted to call the –
Mr. Mayor: Speak into the mike, please.
Mr. Shepard: Yes. I wanted to call the attention of the body to the consolidation act
which says that a vacancy which occurs in the office of Mayor of membership of a commission
by death, resignation, removal from office or for any other reason, shall be filled by you
remaining members of the commission appointing a qualified person to serve the unexpired term.
And then it goes into the two different scenarios when the unexpired term is less than twelve
months, we have the appointment procedure when it is more than twelve months. You have a
special election and I think there’s no question that we’re going to have a special election. The
question is whether this particular action item is, is ripe today, Mr. Mayor, and I would have to
submit that it is not because it, the statute speaks in terms of a vacancy which occurs. Now, you
are very much presiding today. I do not see the, the office is vacant. You have tendered your
46
th
resignation on a date certain which is the 20 I believe of this month and the Governor has
accepted it on those terms so you’re very much in office until the conditions of the tendered
resignation and the acceptance which I was furnished with today which they both stipulate and
which they’re both very clear on so in my opinion, the selection of the Interim Mayor would be
untimely until the next meeting of this commission.
Mr. Mayor: All right. Well, the motion made by Mr. Hankerson is to begin a nomination
process. He didn’t say to select anybody in the motion, to begin the nomination process and I
don’t think it would be inappropriate to do that if that’s the intent of the motion is to establish a
process to be followed.
Mr. Shepard: Now, that’s my –
Mr. Mayor: Because there is no process spelled out in the statute.
Mr. Hankerson: Mr. Mayor, if I may?
Mr. Mayor: Yes.
Mr. Hankerson: That’s my intent. I discussed that with my attorney last night, Mr.
Shepard, about that and know we was waiting last night, we stated that if we get the letter from
the Mayor then, I mean from the Governor then that makes it legal but, you know, so Mr. Mays,
there’s no miracle workers in the house but last night, as Mr. Shepard said, I don’t think you’ll
get it by tomorrow. Maybe a little miracle is working somehow or another but we did get the
letter from the Governor so I don’t see any other hold up. What, if we go by what Mr. Shepard is
th
saying, our attorney, then we’re saying that we cannot start the process until the 20. Until the
day you leave. I think that would be much too late. I think we need to go ahead and start the
nomination process today.
Mr. Mayor: All right. Just a moment. You’re arguing the motion which hasn’t been
seconded. We’re trying to get some clarification from a parliamentary standpoint and the
Attorney did not say that we could not start a nomination process today. He thought it would be
inappropriate to elect someone today. Is that what you said, Mr. Shepard?
Mr. Shepard: Well, the only nomination - I mean usually you have a nomination process,
you nominate in order and then you immediately vote on the –
Mr. Mayor: That would be an election.
Mr. Shepard: That would be an election.
Mr. Mayor: Perhaps the Commission would like to establish some rules for how they
want to proceed with this.
Mr. Shepard: And, and I, I have to, after looking at the statute and again, I did talk late in
the evening with Mr. Hankerson, looking at the statute in the, in the light of day, Mr. Hankerson,
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I’m of the opinion that the, the process you can, it’s always been a one meeting type process.
You make nominations and then you vote so if you make nominations to an office that is not yet
vacant, it would be my opinion that, that they’re just null. I’m, I would, I would not move
forward. I understand the virtues of transition but this does not have the same type of language
as a special election or an election where you have a qualifying period and then you have some
sort of campaigns. It’s pretty clear that the election is conducted according to the Georgia
election code but to me, it says a vacancy which occurs, and I, I have to look at that and construe
that language to the best of my ability, words have their ordinary and necessary meaning in, in,
as, unless they have a special definition in a statute and so I read it that a vacancy which occurs.
That is not, that event has not occurred. It, it –
Mr. Mayor: Well, as the, as the presiding officer, I’ve, it’s up to me to make a ruling on
the motion but before I do that, I would like to hear from any commissioner who would like to be
heard with respect to how you view, whether you think it would be appropriate in the context of
the statute to identify a process by which you would want to move forward to do this. We’re not,
I don’t want you to get into the substance of the motion but whether you think that in the context
of the law, that you feel it appropriate to proceed at this time and then I’ll make a ruling on the
validity of the motion and then we’ll open it up for a potential second if there is one. All right.
Mr. Williams?
Mr. Williams: Thank you, Mr. Mayor.
Mr. Mayor: Help the chair. Help the chair with this.
Mr. Williams: I’m going to try to help this chair as much as I can and you’re talking
about the whether or not there would be a selection process but I think whether they want to
admit it or not, the selection process has already been made. In the beginning of the year and
some of us may not have voted for it, but we voted for the Mayor pro Tem and I think, Mr.
Shepard, that it was, yeah, it was my name put on there so the selection process had been made.
Nobody has talked with me and nobody have tried to not influence or, and I made some
comments about some other people ought to have it and ought to try for it. But if the process is
already made it, if you didn’t show up today, Mr. Mayor, I would probably be sitting either here
or there, presiding because you weren’t here and for the remainder of the time, I think the charter
said forty-five days so the time that we got to select somebody and need somebody in the chair,
whether those voted, Mr. Cheek, for me or not, I feel like I’m qualified. I’m still selected for the
chair and I really don’t understand how we want to get a process, Mr. Mayor, and I’m trying to
help you with this now, because the process has already been established. We voted in the
beginning unless y’all was, maybe it was trick or treating, or were y’all trying to trick me, what
y’all doing? I got the pay, that’s all I was worried anyway. I wanted a little increase. I work
hard so I got a little increase. But I just want to know, am I not the Mayor pro Tem, am I not the
presiding officer when the chief officer of this government is not here, am I not to sit in?
Mr. Mayor: Well, let, let me put it this way, Mr. Williams. I think you’ve taken
presiding in a much broader definition.
Mr. Williams: Okay.
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Mr. Mayor: The law says Mayor Pro Tem shall preside at Commission council meetings
in the absence of the Mayor.
Mr. Williams: Okay.
Mr. Mayor: You don’t preside in the office in the absence of the Mayor. You just
preside at the meetings. And there are things that the Mayor has to do and only the Mayor is in
power to do, not the Mayor Pro Tem or anyone else. That is to sign documents to be served with
papers when the City is sued, and those type things and in the absence of the Mayor, there is no
one who, who has under the statute that created the government the legal authority to act. That’s
what the law says.
Mr. Williams: But, but, Mr. Mayor, and I agree.
Mr. Mayor: Frankly, I just –
Mr. Williams: I agree with that. I truly do.
Mr. Mayor: I’m not going to be here so it doesn’t matter to me.
Mr. Williams: I truly agree with what that just stated, but since you are still here and you
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haven’t left yet, like Mr. Shepard was saying, until the 20, you have not left yet and your being
here and my filling in, if you was not here, I wouldn’t take over your office. I got in enough
trouble in the Mayor Pro Tem’s office. I done decorated it and everything else I can do down
there. I don’t need another office. I’m not seeking that, that position but look like this body
ought to come together and decide with six votes as to who we feel like ought to take the, the
seat.
Mr. Mayor: That’s exactly right.
Mr. Williams: Well, here we are now talking about selection process. Everybody
present I think. Who’s out today? I think everybody’s here so we got time to make the selection
process and I heard names from all over town. I heard folks from up town, down town, folks
from around town, folks don’t even live in town that’s going to be appointed as the Interim
Mayor. But if anybody ought to have that opportunity, look like I should have the opportunity to
say well, no, I don’t want to or yes, I do. And yes, I do. I want that opportunity. I, I mean I get
the six votes done but I want the opportunity now and that ought to be a, well, yeah, it really
ought to be but we’ll, we, what I’m saying is that we needs to look at what we got here before we
started going out fishing and hunting for other people to come in and to fill the position. The
charter said that we will come together as a, as a body and select someone to be the Interim until,
is that right Mr. Shepard? Help me out now.
Mr. Shepard: Well, I’ll be happy to jump in on this one.
Mr. Williams: Yes, sir.
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Mr. Shepard: Mr. Mayor Pro Tem, you were duly elected [inaudible] and you will in the
absence of the Mayor, that’s the way it’s timed, you resign, Mr. Mayor, on the day before the
next Commission meeting so I fully expect, Mr. Williams, that you will be presiding as Mayor
Pro Tem and you will have your vote. but if you then offer for the appointment of the Interim
Mayor, the other section of the charter comes into play that says that you can’t hold but one
office under the government.
Mr. Williams: Yes, sir. I read that.
Mr. Shepard: So if you get elected and accept the Interim Mayorship, you will no longer
be Mayor Pro Tem, in my opinion.
Mr. Williams: I agree with that. We be on the same page.
Mr. Shepard: All right. Then you’ll, at the point in time when the special election
determines a specially elected Mayor for the balance of the Mayor’s term, you would be out
unless you had been won as the specially elected Mayor –
Mr. Williams: I agree.
Mr. Shepard: - so you’d have to offer for that candidacy.
Mr. Williams: I agree.
Mr. Shepard: So this, this presiding office will not be vacant, and further, there is
language that if we need to confer any additional powers from time to time on your office from
the Commission, we can’t do so and it, it would be probably wise at the beginning of the meeting
next, next week as an abundance of caution, you know, I’m a safe harbor guy when I get up here,
that we include language that you sign every contract and in expressed fashion so you can, if you
wanted to go through the list of the powers, we could have you accept service but it’s for a
[inaudible]. Well -
Mr. Mayor: All of that. I would just, just move -
Mr. Shepard: That’s right. We could do that.
Mr. Mayor: Somebody -
Mr. Shepard: We could do that for the office of Mayor Pro Tem and that would, that
would empower you as Mayor Pro Tem to do everything you really needed to do to continue
going on. Now if you, if you offer for and campaign for a nomination for the Interim Mayor,
then you’re the Interim Mayor and you’re no longer Mayor Pro Tem.
Mr. Williams: I understand and I agree. I mean, and my, my thoughts exactly, Mr.
Shepard.
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Mr. Shepard: And so I just think, I still think that it’s premature to do anything on
Interim Mayor.
Mr. Mayor: All right. Mr. Cheek?
Mr. Cheek: Mr. Mayor, I’m going to offer a process and I think that based on what the
attorney said, we cannot begin the selection process until the office is actually vacated your last
day but I think that we, we need to and I applaud Commissioner Hankerson for bringing this up.
We need to establish a methodology by which we are going to select the person for the position,
whoever that is, so I propose that we open the, the floor if you will, the hat, whatever for the
period of time between now and when you go on to Atlanta for those that are interested to come
and put their name in the hat and this is certainly a position of where if somebody’s going to
have the, the courage to be mayor, that they need to be in the open, their name needs to be in the
open. We collect those names. We let our two super district Commissioners down select a
group of three or five. We as a body interview those people and then vote. We could do that in
the course of, of the next month or so or less depending on how expeditious this body is in its
deliberation but that would give us two weeks for people to put their in the hat. Immediately at
closure at that date, the two super district Commissioners could down select a group of five,
three, whatever that number needs to be and then the body can conduct interviews because we’re
going to have to work together on some very important issues coming up between now and the
special election and I just offer that as a process and I’m amenable to any modifications that we
use to fill the seat upon your vacancy.
Mr. Mays: Mr. Mayor?
Mr. Mayor: Mr. Mays and then Mr. Hankerson.
Mr. Mays: Mr. Mayor, let me, I got, I guess I got, I need to make, get one point of
clarification from, from the attorney in reference to the, and I hope this is still germane to what
we’re talking about but he made mention and reference to the possibilities of putting on the
different powers to the Mayor Pro Tem’s office and I’m sure we may, I don’t, I don’t necessarily
see that occurring per se particularly the time frame that we’re working in right now but I
thought and I stand to be corrected and this is what I need a point of clarification on. A minute
ago when we talked about the duties coming under the Mayor Pro Tem’s office in terms of
presiding but I may be wrong and this is why I need to get it clarified out here. This is an issue
that came up last year in reference to the full duties of the Mayor Pro Tem and I think they
extend as they are right now far or at least beyond presiding at a meeting. If not, then we have
set precedent already for that to occur. Case point, Lee Beard, Willie Mays, Richard Colclough,
Willie Mays again and now Mayor Williams on those occasions of presiding or even in the
absence of the Mayor by not being in town or an emergency or something of that nature,
documents are already being signed or have been signed by those Mayors Pro Tem so that goes
beyond the presiding side of the Mayor Pro Tem and I think maybe the attorney may need to
elaborate on that since this is a public meeting that has been discussed and to a point, I mean, it’s
not an argumentative point in there but this issue came up regarding sales tax last year to call for
the election and the documentation and I think the attorney has already made a ruling in
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reference to that and to a point that where in that particular office, that Mayor Pro Tem is
entrusted with that authority to sign and to deal with those documents. Now that takes that
Mayor Pro Tem’s office past presiding. I’d like to hear that in terms of a comment but whether
you answer it or the attorney answer it but I think from the general public’s point, they, the
public doesn’t need to be confused about the fact that the office is a presiding office because if
not, then we need to go back and well, we can’t, Ms. Beard. Lee rests in peace, but Richard and
I still living and I know we done signed a whole lot of documents in terms of executing for the
office of Mayor Pro Tem for this city and our names contain them. Now you’re, they’re
documents are either legal or they’re illegal. Now I think we need to clear that point up because
and once and for all as to where that power does lie in terms of documentation and it’s not an
argument but if we’re going to raise it and talk about it being restricted to presiding, then that
needs to be clear at some point today. We don’t need to let that drift anymore because if we got
stuff and the Mayor’s going to be gone and we talking about bringing in somebody that we select
and they execute documents and all these other things in there, then we need to make sure then
that the person in there doing that or in between selecting one. Hypothetical situation. Mayor
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leaves on June 20, this body reaches no decision on putting somebody in. This city’still
functions. Somebody’s going to have to sign them so that means the only presiding officer is the
one you got. You ain’t got to like him but he’s the one you got and that person is entrusted with
that. I need to hear from y’all on how that rules because that’s been said here today and I think
that needs to get clear.
Mr. Mayor: All right.
Mr. Mays: We need to clear that out.
Mr. Shepard: If I could, Mr. Mayor and members of the Commission? We were
construing on a resolution was passed by this body as I recall the last time and I think the
absolute necessity was to have the Clerk sign the resolution and what I wanted in this situation is
since we may have a time between resignation of Mayor Young and the appointment of a
specially elected Mayor, that, or even the Interim Mayor, say they can’t get six votes. I wanted
to go ahead and be doubly sure that we would not only rely on the inherent powers of that office
which we have properly from time to time over the years, but in addition to that, just so there’s
no pressure for anything going forward during this, this time, I was going to just suggest and do
still suggest that we make express delegations of authority and that way you, you not only have
the argument that I had last year but I’m going to have a second argument that it’s doubly
covered so Mr. Mays, I guess I’m the type guy that, that wears both a, there’s many arguments as
I can should there be any, should there be any question about any validity of any act so I, I stand
by what I’ve said last year but here again, I, I’m abundantly cautious that we go ahead and just
pass investment of additional power because the Commission on a day to day basis or vote by
vote basis, can invest that additional power of signature in the Mayor Pro Tem expressly and I, I
do believe that it can be, it can be both ways so I’m just, I’m just being cautious.
Mr. Mays: Mr. Mayor, I, I have a real fundamental constitutional problem with us not
being firm on what the consolidation bill says and how it rests in that office because there are
signatures that are floating around on everything from past due grants to documentation with
companies, minutes that have been approved, those are official documents of this city. We
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cannot go backwards in the err of caution. I appreciate that but some laws to a point, it’s like the
speed limit, you know, we can’t go back and say where it says that it’s out there at 35 miles an
hour and say well, I think we ought to go back and maybe reduce it to 30 because it will seem a
little bit safer. If the law is clear on what it says, and I have to disagree because I think that it is
and if not, then those different terms of office have been wrong or questionable. I think it could
send out to a point or signal or somebody whether they operating under a valid contract per se or
not. If in that case a Mayor Pro Tem has signed it and I think it’s as sacred as the constitution of
the United States, the State of Georgia and to a point at which you operate with this city, we
cannot move to a point of convenience and safety. It has been passed. If you change it, you
change it but I think that, that maybe I’m just old-school on where rules lie but I think if they
speak for themselves, then to a point, it should, it should either be there to where it’s an
operational standard of doing it because in that case, with all due respect, and I know where you,
where you going from on the caution side of it, I, I appreciate and respect it. The ruling that you
made last year but what I think then we open up the door then to a point that if in giving point,
that if it’s a different attorney sitting where you are, then do we open that door then to an
attorney’s interpretation on what this city charter says. It needs to be clear and if it’s written, it
ought to be absolute. Either we have signed them wrong, we signed them right but the question
came up about the fact that the office was restricted to a presiding nature and those other powers
were not there. In the absence of, it says what it does and what that office functions under. And
I’m just, I just want to get it clear to a point that we don’t get out here one day with eight to nine,
ten different reasons on, on how that is.
Mr. Mayor: Mr. Shepard?
Mr. Shepard: Thank you. Mr. Mays, I am guilty of reading, maybe sometimes I get to
reading too much but perhaps let me just put this in the record about the office of Mayor Pro
Tem and it’s what our charter document says and I’ll read it for the benefit of the, of the
assembly here. It says the Mayor Pro Tem shall preside at Commission meetings in the absence
of the Mayor. We’re clear on that. And perform such other duties as may be entrusted to the
office of the Mayor Pro Tem by action of the Commission, and I am firmly convinced that the
action of the Commission has previously entrusted duties to yourself, and to Mr. Colclough in
my presence so I can argue in trust and I am confident that that would be there. I’m just
suggesting that I can make it even more comfortable by making it an express in certain cases if
there was, for example, we could, we could look at the, are we going to need somebody to serve
as, in these other mayoral powers to serve as an official head of Richmond County for service of
process and for ceremonial purposes? Well, I’m not too worried about ceremonial purposes.
Service of process, it, that gets perfected on the Clerk, it gets sent to me, we, we don’t have a
problem with it but entrustment has been there. This, it, to the actions of the Commission, I see
that everything is valid. I just suggest that there is no inconsistency between what I recommend
going forward and what I recommend and interpreted in the past because it is, it is an
entrustment and that’s, that’s what our, that’s what our charter says. It says the Mayor Pro Tem
to finish the relevant term until, shall continue to be a full voting member of the Commission
when serving in the capacity of the Mayor Pro Tem so I just -
Mr. Mayor: Let, let me -
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Mr. Shepard: I think we’ve entrusted it, Mr. Mays and that is the legal argument that I
would defend [inaudible] because I think that has been -
Mr. Mayor: Let, let me advance the argument. Not to, not to drag it out, Mr. Mays, but
there’s absolutely no question and this has been ruled on by Mr. Wall when he was the attorney,
that when there was a, when there was an action of the Commission that is a contract or other
item, it is validated when the Commission approves it, not when the Mayor signs it but when the
Commission approves it so the extension of the Mayor Pro Tem to such a document that has
received action from the Commission would not be inappropriate. There are other instances
where the Mayor is required to sign documents outside the scope of the Commission in the
Commission meetings. For example, we have a letter from HUD, a performance review, that
was sent to the Chief Elected Official and I’ve got to sign off on the document that goes back. It
doesn’t come before the Commission. We just fix the mistakes. I’ve got to sign it and send it
back and I think in the abundance of caution that what Mr. Shepard is saying we need to make it
clear by action of the Commission that whoever the presiding officer is if it is other than the
Mayor, has the authority of this Commission to sign all of those documents. That, that to me is
where the gray area is.
Mr. Hankerson: Mr. Mayor?
Mr. Mayor: Yes?
Mr. Hankerson: I have, I think I was next, wasn’t I? After Mr. Mays?
Mr. Mayor: Go ahead.
Mr. Hankerson: I wanted to be clear on something that I was just hearing and Mr.
Williams, if you allowed him to answer the question, because I wasn’t clear on that and I was
asking some of my colleagues. Am I hearing Mayor Pro Tem says that he’s interested in and
would like to be the Interim Mayor? Did I hear that or was that a misunderstanding? That’s
what we were -
Mr. Williams: I don’t know how, how people rate ears but I know eyes 20/20 be good
but you heard right.
Mr. Hankerson: That’s what you said?
Mr. Williams: Yes. But I -
Mr. Hankerson: Interim, Interim Mayor?
Mr. Williams: That’s right.
Mr. Hankerson: Okay. I wanted to make sure on that.
Mr. Williams: Okay.
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Mr. Hankerson: Because if not, if you didn’t say that, then I was wondering if you’re still
Mayor Pro Tem is something else that Mr. Mays I heard too about the August the 5th. What
does that mean? If we, if we continue to go as we were going and use the Mayor Pro Tem to
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serve in the Mayor’s capacity, I had, I received some documents saying that August the 5, the
Governor will appoint a Mayor, an Interim Mayor, is that correct?
Mr. Mayor: Mr. Shepard?
Mr. Shepard: It is. In my opinion. It’s not in the charter. It’s in other laws governing
elected officials in the state.
Mr. Hankerson: Okay. So that’s one of my reasoning that is here on the agenda today
and the other reasoning was because I had heard before that that the Mayor Pro Tem was not
interested in Interim Mayor nor Mayor so, and then it, then he couldn’t be, he couldn’t serve in
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the capacity of Mayor no longer than August the 5 because I sure don’t want the Governor to
come and appoint somebody for the City of Augusta and that’s the reasons I, I think the
conversation is going as well as I expect it to go and we, we are discussing it and I hope that we
can continue discuss it, maybe you might want to go to legal but I hope that we leave out here
today, I can’t understand what’s the difference in my attorney’s opinion to say two weeks from
now because the Mayor will still be Mayor of the City two weeks from now, so there’s nothing
going to change two weeks from now. We got the letter back from the Governor so that’s, you
know, that was the miracle that happened, Mr. Mays, between about 11:00 last night and this
morning so I don’t see nothing now to stall this process. Two weeks is not going to make a
difference, two weeks is only going to have us to go back and get fifty more names that want to
be Interim but I’ve heard what the Mayor Pro Tem say now and see that even changes my
position on even my, my person that I was going to recommend, nominate. If the Mayor Pro
Tem wants it, then he got, he got my nomination.
Mr. Williams: May I, Mr. Mayor?
Mr. Mayor: Mr. Williams.
Mr. Williams: Yes, sir. But nobody approached me. Now, I mean I heard a lot of talk, I
mean, and I said some things. I even recommend somebody up in, you know, with these names
to be announced and, but nobody consulted me. They didn’t even ask were I interested. I want
to go back to something else what the Mayor was talking about, about the documents because I
signed some legal documents out of legal, Mr. Shepard, that was very, very much necessary to
sign and I remember I tried leave one day and I said try to, I forgot to sign and you caught me in
the door and said hey, you got to sign these papers out of legal. Now if I did have that power or
that wasn’t right to do and I know the other Mayor Pro Tems that done it as well, does that still
limit the office to presiding or are you able to, those legal documents out of legal that we came
out and we only could discuss those things that were listed on the legal document that we went in
on.
Mr. Mayor: You mean the affidavit?
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Mr. Williams: The affidavit. Yeah.
Mr. Shepard: Oh. The affidavit.
Mr. Mayor: Go ahead, Mr. Shepard.
Mr. Shepard: Your Honor, thank you. Mr. Mayor, the affidavit is signed by the
presiding officer in the meeting in which it is closed.
Mr. Williams: But that’s a legal document that had –
Mr. Shepard: Absolutely.
Mr. Williams: Okay. All right. Well, I mean, we talk about that.
Mr. Shepard: Absolutely. And you were the presiding officer of the legal session and
then when we returned to the floor, you were the presiding officer.
Mr. Williams: Okay. I got one other question and I need my Clerk to help me out now.
I heard about the Governor can call and select somebody but what does the Charter say, Ms.
Bonner, the length of time and who does what? Because if the Governor can do something by
the fifth of August, then the stuff that’s written in the charter whether it’s legal or unlegal, may
not need to be there but can you tell this body what the document say as for the time span that we
have once the Mayor is officially gone?
The Clerk: No, sir, Mr. Williams. Our charter does not state that time specific. That
date is in the state statute that says that if the Commission does not reach an agreement upon an
interim mayor, that the Governor within forty-five days will appoint.
Mr. Williams: Within?
The Clerk: After forty-five days. If you do not appoint an interim mayor after forty-five
days, then the Governor has that prerogative. The consolidation bill states that the Commission
will select a qualified person if the Mayor’s office becomes vacant.
Mr. Mayor: Okay. Let me, let me just interject this if I may and I think this discussion
has been healthy but I’m, I’m a little bit concerned, I’m a little bit concerned about the, the
message we’re sending out to the community with, with the discussion that is as confusing as
this one is getting from time to time. In two weeks, we’re asking the voters to increase their
property taxes and to entrust additional monies to this government and we don’t need to be
sending any messages to the public that we’re indecisive about leadership in this government.
And if you want to keep talking about this, that’s fine but I think probably it’d be best if we just
receive this as information and, and move on and deal with this in another context. That will be
my recommendation.
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Mr. Grantham: So move.
Mr. Smith: Second.
Mr. Mayor: All right. We have a motion and a second to receive this as information.
Mr. Cheek had his hand up first.
Mr. Cheek: I just, I want us to leave this discussion today because we are on a, there is a
clock ticking, whatever the hour is when it comes due for the Governor to send somebody down
here that we do at some point in the near future if not today, establish a process that we agree
upon to go through and select the person for the job and I think if that’s, if there’s somebody
from the body that’s interested, then, you know, I think we’re, we’re there, I mean, but we just
need to at least close, have a closure date of when we will make that selection.
Mr. Mayor: Thank you, Mr. Cheek. Anything further?
Mr. Hankerson: I’m not quite clear about it as just discussion at a later date. Are we
saying we’re going to go into legal and discuss this today? My question is why not today? Why
we continuing to wait? Why, why not? We’ve already got the letter back from the Governor.
Only thing we have to do to establish a process here today are select somebody today. We have
ten commissioners on board. We can do it. I think that shows good leadership to the citizens
that we can go ahead and put this part behind us. Mr. Mayor, you’ve turned in your resignation
and the Governor has accepted it, we know what we have to do, why can’t we take a stand today
and go ahead and do what we have to do and move on. I don’t think that we need to wait, take
this back another two weeks or get it out in the street again. You got forty more names out there
then. It’s more bureaucracy in it now. We can do it right now. I’ve heard new news today and
you know, we have just a few names right now and, and don’t seem like I haven’t heard many
names surface so I think it’s a good time to do it. You got some good people that can serve in
the capacity. I think we need to bite the bullet, go ahead and do what we going to do today.
Now, what, if we vote on this, then when are we talking about coming back and doing it. The
next Commission meeting? A called meeting? Trying to get everybody back together?
Everybody has different schedules, can’t come back together. Why, gentlemen, ladies, why we
can’t do this today? Why we can’t stand up as men and women and say today who we want to
take on, nominate to lead this city?
Mr. Mayor: All right. Well, we have a motion on the floor to receive this as information
and Commissioner Hankerson, let’s go ahead and take a test vote on that and then we’ll see if
there’s another miracle that happens today and perhaps the Commission will go in some other
direction. We’ll see how the, how the motion will stand here.
Mr. Hankerson: Well, Mr. Mayor, could I make a substitute motion?
Mr. Mayor: You certainly may.
Mr. Hankerson: That we take, we discuss this in legal and decide on the process that
we’re going to use.
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Mr. Mayor: All right. There’s a motion to move this to legal. Is there a second of that
motion?
Mr. Grantham: Can we do that?
Mr. Mayor: Well, it’s the appointment of an officer. I think you can do that under
personnel.
Ms. Beard: I’ll second it.
Mr. Mayor: All right. We have a motion that’s been seconded. Send it to legal. Any
discussion on substitute motion?
Mr. Mays: Yes, Mr. Mayor.
Mr. Mayor: Yes, Mr. Mays, go ahead.
Mr. Mays: Just a question on the substitute motion.
Mr. Mayor: Go ahead.
Mr. Mays: Under personnel, and it’s about a person because a human being would have
to serve as Mayor, but I’d like to, the Attorney to qualify how can you deal with a process in
private that is a public process? How do you make that legal? It’s no more different than out
here in the open of a session of a meeting. You’re talking about a procedure. You’re not talking
about anything that’s outside of the legal structure of this government and I would like to
challenge on that as to how you make that legal because I’m, we going, we going to argue that
monkey, let’s argue it out here but I don’t think you can make that a legal situation to deal with
personnel because number one, if you’re talking about how you’re going to bring in out of a pool
of everybody who’s a registered voter and over eighteen years old and grown, that you’re going
to make that into a process, so I don’t, I don’t see how you can deal with that in terms of, of a
legal. I mean, you may stretch it, Steve, but I, I think if anything that’s showing, I think the
Mayor’s first suggestion to appoint that you get to quit it, I think you really getting where you
getting some behind close doors now. If you’re about to come out and do what you’re going to
do and then come back out here and then put some nominations out, then it looks as though
you’ve hidden that process from the general public. And I think that’s what constitutes it not
being legal and that will be my challenge to the legal side of it because I don’t think it is.
Mr. Mayor: Mr. Shepard?
Mr. Mays: And I will not participate in that legal session.
Mr. Shepard: Well –
Mr. Mayor: Now, it’s your turn.
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Mr. Shepard: Okay. Thank you, Mr. Mayor. To respond to you, Mr. Mays, discussion
of deliberation of, and this is what we’ve signed for many years, the appointment, employment
compensation, hiring, disciplinary action or dismissal or periodic evaluation of a county officer
or employee is provided for in the exception to the open meeting brought at Code Section 54-3-
6.
Mr. Mays: Can you repeat what you just said? Because you made my point. A little bit
louder.
Mr. Shepard: Yes.
Mr. Mays: Because it does not deem a process.
Mr. Shepard: Well, we’ve got one announced candidate. We’ve got another presiding
officer who’s authority is being implicated. Mr. Mays, I think we could discuss it or we could
continue this discussion right out here because I’m going to give the same advice in the back
end, excuse me, in the closed doors. I called it the back room.
(Laughter)
Mr. Shepard: I’m going to give the same advice there as I’m going to give out here. In
fact, I’ve pretty much given all of the advice I need to give and if the body does, you know, if
you’re personally uncomfortable with that, then you, you are privileged to remain outside of the
legal session.
Mr. Mays: And I most certainly will remain if that’s going to be the answer to where you
take it because I think if you’re talking about what the citizenry expects and we’re talking about
our, all these high and ethical standards that we want to project for the City of Augusta and then
you come, go into a closed session to deal with something and then all of a sudden we take a
closed, illegal session and turn it into a miracle, then I think you better get some prayer cloths
and dust and a whole lot of other snake oils to a point of convincing a population of 200,000 that
you hadn’t rubbed them with something there, of some voodoo type mix that you got out there
and go disguise it as a legal act. That’s my personal opinion of that. So I’ll, I’ll take a coke and
bathroom break while y’all deal with that, but I think to a point if you’re going to do it, and I
have no problem with what the Commissioners put on out here to get this into the discussion of
doing it but I think that’s clearly the wrong direction to take that and to qualify a building of
scenario around it, then we come back out and then all of a sudden, you know, we come back
and we say well, you know, the, you know, we, we got a mayor. I mean, you know, at least, at
least –
Mr. ??: Like the pope.
Mr. Mays: Well, well, at least you saw smoke. At least you saw smoke there.
(Laughter)
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Mr. Mays: But I mean you’re getting a situation now where when you come back out,
you know, you going to be done dealt with everything and then you deal with it and I think if
anything that to a point, my, my good, my good late friend, Sister Margaret Twiggs on the smell
test of this one, it may qualify where you make it legal but I think you surround it with enough
funk that it’ll make James Brown happy to a point of where you going to come out here and
going to make this one legal and how you going to put that in there so I, I won’t be participating
in that deal. Y’all can make that one legal if you so want to.
Mr. Mayor: All right. Mr. Cheek?
Mr. Cheek: Mr. Mayor, I have to concur with Commissioner Mays. I don’t think
selecting a process by which we fill the position warrants a legal meeting and I too will not
attend. I think a very reasonable process has been offered with modifications and this body, we
could have, we could do it today. It doesn’t deserve to be behind closed doors and all we need to
do is decide on which days we want to fill or do what and just proceed. It’s just so simple, it’s,
and I know that’s what the public is seeing. This is just too damn simple. Why can’t they do
that?
Mr. Mayor: All right. Well, let me, let me just say that Mayor Sconyers was elected in
public election. I was elected in a public election and the selection of an ex-Mayor who was
appointed or anointed should be through a transparent process so that the public will see it when
the light of day is shed on it. So we have a motion to move this to legal so we’ll call the question
on that unless there’s further discussion.
Mr. Hankerson: Mr. Mayor, that motion belong to you now? Because it either belong to
you. If it still belong to me, I withdraw it. I don’t want to cause that confusion. We can -
Mr. Mayor: All right. Well, is there any objection to withdrawing the motion? No
objection?
(No objection to the withdrawal of Mr. Hankerson’s motion)
Mr. Mayor: Okay. All right. So that takes us back to the other motion to receive as
information unless there’s another substitute motion.
Mr. Cheek: Mr. Mayor, I’m going to make a substitution motion.
Mr. Mayor: Go ahead.
Mr. Cheek: That we open the process for application or for a letter of commitment for
the period of time between now and the time you leave, that the two super district commissioners
review that list and select five names and then we have an interview with those people and select
from those people a candidate that will receive the required six votes to be nominated and elected
as Interim Mayor.
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Mr. Mayor: Is there a second to that motion?
Mr. Boyles: I’ll second that, Mr. Mayor.
Mr. Mayor: All right. Is there any discussion on that? All right. Mr. Williams and then
Mr. Hankerson.
Mr. Williams: Mr. Mayor, I say again that those who voted and those who didn’t vote,
those who wanted to vote, as the Mayor Pro Tem and I hear my, my twin brother saying that we
need to get five people, are you talking about five people of this council, Mr. Cheeks or are you
talking about five people that may be on Broad Street. I mean, what, I don’t understand. If I
said, and I thought I said, and Mr. Hankerson didn’t hear me too clear earlier but if I said that I
was interested in seeking the Interim position and even maybe interested in pursuing the, the
position as, as elected Mayor, I don’t understand because I don’t think we need that process, I
guess is what I’m saying.
Mr. Cheek: I guess for clarity’s sake though I’m going to, I’m going to have to say at
this point, it’s going to be hard for me to see you give up your Commission seat to run for four
months as Interim Mayor.
Mr. Williams: Well, and I, I mean, I can do that, Mr. Cheeks, just as quick as I can walk
out that door and not come back in here. I mean, I served my time. I did good. I tried to do the
best I know how to do and I think I can serve well as the Interim Mayor and if the taxpayers of
Augusta-Richmond County saw fit, they could elect me as Mayor but they got that right, they got
that opportunity and I, and I’ve got that right to make that decision and I don’t think we ought to
second-guess what the people of Richmond County will do until we at least put it to a vote. And
that’s what the voting process is all about. We talked earlier about the right to do that, to come
to the poll, even talked about the date to do it. Now, I really don’t understand it.
Mr. Cheek: Well, if this measure’s voted down, sir, do you have, with your desire, you
have my full support. If we don’t go through the process, I will be more than happy to support
you for the Interim position if that is your wish.
Mr. Mayor: All right. Mr. Hankerson?
Mr. Hankerson: I have one problem with Mr. Cheek’s vote, his motion, I’m sorry. And
thth
that is having the Commissioners of the 9 and 10 District to look at the list. I have a problem
with that because if, suppose if one of those particular individuals wanted to run for Mayor too?
And they’re going to bring us a list? I wish Mr. Cheeks, if you’d eliminate that part, I can go
along with the other but I think that it should be up to these Commissioners of who they’re going
to select as the Mayor, Interim Mayor as it, nominations just like you do as the Mayor Pro Tem.
I think we need to do it the same way. Let’s not make it complicated. Do it the same way. Vote
them up or down. I was voted up or down. I was voted down. Mr. Williams was voted up and
we went right on. So let’s do it today. Why changing all these new rules?
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Mr. Cheek: I can amend that and have the Commissioner from the third and the first
district, since neither one of them are running and since they seem to maintain cooler heads and
make decisions, I mean we can modify that motion and get the two ladies to do it.
Mr. Hankerson: Well, you know, I think I could support your motion but I think you
need to leave that kind of process out. That’s my opinion. I think we need to use the same
process we do as for Mayor Pro Tem.
Mr. Mayor: Is there any further discussion?
Mr. Mays: I was just going to ask this. Did he, did he accept that suggestion or
amendment or is the motion still on as it is with nine and ten because even though the reference
by my Commissioner from District 5 was fifty percent to me. I have no problem with it and
didn’t take it personally. I think it’s a good point made from the standpoint of that being a
reasonable argument in the equation. I don’t, I don’t, I don’t necessarily want to go through
being the chief screener of, of that deal either so I mean I just need to know what is the, how
does the motion stand? Is what Bobby saying accepted to do it, does the language of the motion
stay the same or, or just where is it at this point? Because I don’t think he, I don’t know whether
he asked for an amendment, Andy, but I didn’t, I didn’t hear whether y’all responded on that end
because I think you made it. Tommy seconded it but I’m, I just wanted to get clear on what we
were voting on on the substitute motion.
Mr. Cheek: In my opinion and you and Commissioner Grantham are the people that, the
only two that are sitting here besides the Mayor that are voted on by the largest percentages of
our population, and I trust your deliberative abilities and I don’t accept the amendment.
Mr. Mayor: All right. We can, if you want to amend the motion, we can vote. The
Commission can vote whether to accept the amendment and by a majority vote of the
Commission, the motion will stand amended.
Mr. Cheek: There you go.
Mr. Mayor: If you, if you want to move on the amendment.
Mr. Cheek: And everybody participates and [inaudible] looking through the applications.
Mr. Mayor: That’s, that’s up to you, Mr. Hankerson.
Mr. Cheek: It takes ten times as long.
Mr. Mayor: All right. We have a motion on the floor. Is there any further discussion?
Mr. Hankerson: Now, Mr. Mayor?
Mr. Mayor: Yes? Go ahead.
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Mr. Hankerson: The motion on the floor, I need, I need him to read it again so I can
comment to it.
Mr. Mayor: Madam Clerk, will you read the motion back for Commissioner Hankerson,
please?
Mr. Hankerson: That’s the motion or not, we don’t have a substitute now, do we?
Mr. Mayor: Yeah, we do have a substitute motion.
Mr. Hankerson: A substitute? Mr. Cheek’s substitute motion? That’s what I want read.
Mr. Mayor: All right. Madam Clerk?
The Clerk: Mr. Cheek’s motion was to open the process for Interim Mayor by accepting
letters of intent between now and when the Mayor vacate his seat and that the super district
Commissioners will down select to five names and present to the Commission for interview
process.
Mr. Hankerson: Now, now my questions, my question is, if that passes, we haven’t given
any direction of the qualification of these individuals that they’re going to work for.
Mr. Mayor: Well, the statute clearly identifies that qualification and the person that this
Commission would appoint would be somebody who is qualified to serve as Mayor and that
would be a registered voter and a resident of the City for twelve months.
Mr. Hankerson: The statute states that? Those are the -
Mr. Mayor: That’s the only qualifications for Mayor.
Mr. Hankerson: And what’s the salary?
Mr. Mayor: Salary is $65,000.
Mr. Hankerson: They would receive that particular salary?
Mr. Mayor: Yes. It’s an annual salary.
Mr. Shepard: Yeah. It would be prorated into the, I think everybody gets a check every
two weeks, 26 installments.
Mr. Hankerson: I sure wish Mr. Cheeks would accept that amendment so we can move
forward.
Mr. Mayor: Well, we can vote. If you’d like to make that in the form of an amendment,
the body can vote whether to accept the amendment. It’s not up to the maker of the motion to
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accept the amendment. If you want to move on the amendment, we’ll vote on it and then the
motion will stand amended and then we’ll vote on the motion.
Mr. Hankerson: I can -
Mr. Mayor: If the body, if the majority of the body does not accept the amendment, then
the motion stands as entered without the amendment.
Mr. Williams: Mr. Mayor, wouldn’t that be two motions Mr. Hankerson have made
though? I mean -
Mr. Mayor: No. It’s not a motion to amend something.
Mr. Williams: The amendment, it says amendment but he’s already got a motion out
there.
Mr. Mayor: I’m sorry. No, he’s, he would be amending the motion. He’d be amending
the motion. He’s not making another motion. He just wants to amend the one, I’m sorry?
The Clerk: Mr. Mayor, you’re speaking of the motion that he asked the body to
withdraw.
Mr. Hankerson: I don’t have a motion on the floor.
Mr. Mayor: Yeah. He doesn’t have anything on the floor. He’s got [inaudible].
Mr. ?: [inaudible]
Mr. Mayor: Well, do you want to move your amendment and we’ll have a vote on it?
Mr. Hankerson: Move the amendment to exclude the portion of that motion that states
the super district Commissioners will make the, the decision for, from five applicants if we just
move that and use the same process as, as we use for Mayor Pro Tem for the process of election.
Mr. Mayor: All right. Well, that would, that would be more than just amending the
motion. You wanted to take out the super districts, then you won’t say you use the same process
as the Mayor Pro Tem.
Mr. Hankerson: Then take that out.
Mr. Mayor: That’s another motion. You already have two motions on the floor. So, all
right.
Mr. Hankerson: Well, well, just take that part out then.
Mr. Mayor: To take out the two district numbers of those Commissioners, is that –
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Mr. Hankerson: Right.
Mr. Mayor: Is that what you’re amending?
Mr. Hankerson: Yeah. If we take that out, it’s still at, the motion’s still not clear what
we’re going to do.
Mr. Mayor: All right. All right. We are, we’re voting on Commissioner Hankerson’s
amendment to the motion and a yes vote would be to take out the designation of the two super
district Commissioners in the main motion. A no vote would be to keep the main motion, the
substitute motion as it is. So all in favor –
Mr. Mays: Mr. Mayor?
Mr. Mayor: Yes, sir?
Mr. Mays: Just on a point of clarification.
Mr. Mayor: Yes, sir.
Mr. Mays: And I, and I fully agree with, with Don and I coming out because we’ve been
sitting here but we, we’re not really interested in getting into the, the letter, email, note drop off
business of going through all these letters but then what I’d like to know is where does this and
even the intent of the amendment take us into the main motion, then if it goes away from these
two, then does it go back to all ten just taking in whoever stands and we got a cutoff date?
Mr. Mayor: That’s it.
Mr. Mays: To a point of we getting over into the business of opening up a job to appoint
then of advertising one. I sure liked your motion better in suggestion of us ending this thing
today, get on back in here like ladies and gentlemen and then come on in here and everybody put
them out a name or whatever they going to do, the day after you leave and the first one get to six,
got it. Because all of these letters that’s signed in that’s up in here really, we, we getting into a
joke contest with doing that, of putting all this in there to do it. Because I mean, you know, then,
then who determines whether or not I’m qualified to a point. You meet those basic qualifications
but then are we saying then how we screen, we knock out a person then, you know, I mean I, oh,
man.
(Laughter)
Mr. Mays: Yeah. I’m glad I’m out. I do like that part in there. It takes me out of there.
I like that. I ain’t, I ain’t fond of [inaudible].
Mr. Mayor: Mr. Williams?
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Mr. Williams:I can make a motion to table this
Mr. Mayor, if while we, all this
debate going on, we can bring this up later on. We could have done finished this agenda and
been out of here.
Mr. Mayor: All right. We have a, we have a motion to table. Is there a second? Is there
a second of the motion to table?
Ms. Beard: I’ll second it.
Mr. Mayor: All right. The motion to table has been seconded. A motion to table is
nondebatable so we move on the question to table. Madame Clerk, if you’d clear the board
please? All in favor of the motion to table, please vote with the usual sign. You’re tabling the
discussion. You, you can bring it back up later in the meeting.
Mr. Cheek and Mr. Hankerson vote No.
Motion carries 8-2.
Mr. Grantham: We’ve been wearing it out for an hour.
Mr. Mayor: Gosh. Okay. Let’s see if we can get the rest of this agenda done. Okay.
Item No. 58, Madame Clerk.
The Clerk:
58. Status report from the Attorney regarding WKZK Radio Station request.
(Requested by Commissioner Williams)
Mr. Mayor: All right, Mr. Williams. I see the Attorney is here. Do you have that report,
Mr. Shepard?
Mr. Shepard: I, I do and –
Mr. Mayor: Oh, here she is right here behind you.
Ms. Flournoy: Mr. Mayor, members of the Commission, Mr. James handled this matter
and he’s on vacation but he has provided me the information and basically the documents have
been executed to effect the transfer of the property and that deed has been forwarded to the
Clerk’s office for recording so it has been basically completed and it is, he’s waiting the return of
the recorded deed from the Clerk’s office.
Mr. Williams: Now that’s a different story than the story I heard. Weeks and weeks ago,
I talked to Mr. Turner at the radio station and told him I would put it on the agenda and find out.
Now, Mr. Shepard, I’m going, if I can, I’m going to ask you to give me a report as soon as
possible. From what I was told, for by Mr. Turner, he’s not present but he, he came down,
everything was supposed to have been ready to be signed over. They’d done paid whatever
money and it’d just been prolonged and, and I said if that’s done happened, and I’m hearing what
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Ms. Bernard is saying, but if that’s done happened, Mr. Shepard, we need to go ahead and, and
get this past. I don’t understand why we get a bottleneck after we done got folks money and, and
if the money ain’t been paid, if there’s a problem, then that need to be stated as well. But it just
don’t make sense to have people waiting like from, from the two managers I’ve spoke with at the
radio station so could you get that as quick as possible and let me know something when you
find out?
Mr. Shepard: I, I can and it, I can add that the conveyance has been recorded because we
checked and I’ll be happy to supplement that in the report.
Mr. Williams: Well, okay, I understand but if it’s been recorded and they have not been
delivered and it had ample time, not on, I don’t think you ought to be faster than a speeding
bullet but you, ought not be dragging like a snail now if, if, if those things had been, been taking
place and, and I understand that there position so could you let me know something as soon as
you can?
Mr. Shepard: Yes, sir, I can.
Mr. Williams: Make a motion to receive the information, Mr. Mayor.
Mr. Mayor: Okay. Motion to receive as information. Is there a second?
Mr. Colclough: Second.
Mr. Mayor: Further discussion? All in favor, please vote with the usual sign.
Motion carries 10-0.
Mr. Mayor: Okay. The next item is 59.
The Clerk:
59. Status report from the Administrator regarding the recent findings in the
Recreation Department as reported by the Finance Department. (Requested by
Commissioner Williams)
Mr. Mayor: Okay. Mr. Russell?
Mr. Russell: Mr. Mayor, as we discussed on occasion before, those findings were found.
The majority of the issues seems to be the appropriateness of using our employees in reference to
the contractual cleanup. We’ve asked the attorney to look at that and he’s done so and reviewed
those documents. In addition to that, what we’ve discovered is based on that particular IRS
requirement. The specificity of that, pretty good, I got it out, didn’t I? The specifi – I’m not
going to try it again though. Each individual had to be looked at to determine whether or not
they actually qualified under the IRS regulations. We will be giving those individuals that do
qualify a 1099 which is something we’ve been neglect in doing in the past. In addition to that, it
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seems like we have found two people that are not specifically qualified to receive that kind of
additional funding because of their job duties. If they are custodial people, they cannot function
as custodians in this particular occurrences. Looks like one of those has not been used this year
and to my knowledge a second person received sixty dollars to this point. We will be finalizing
that and should be getting you a written document or a written report on the entire matter
sometime in the next week or so but we are continuing to look at that and that’s where we’re at
now, Commissioner Williams.
Mr. Williams: Thank you, Mr. Russell. I’m, I’m concerned about the, the recent finding,
I thank the finance department for being able to determine and I guess cipher through what, all
the stuff that they do down there but this is very important and I think we need to be, pay close
attention to our finances and what’s happening in our Rec department. You got a report, you
say, coming?
Mr. Russell: I should have the final documentation on those two people and the total
report sometime in the next week or so.
Mr. Williams: So you’re saying that it only affected two people from what finance
reported it was only two people that was affected with this?
Mr. Russell: The way I understand the IRS rulings is that we looked at those on an
individual basis. There were only two people that were not qualified to do the contractual
cleanup after the fact because of the nature of their job. And that’s where we’re at at this point.
The other people were qualified based on my understanding and what Steve shared with me to do
the contractual cleanup and the, where we had a problem was the fact that we did not issue them
1099s in relationship to that and that’s what we’re doing forward is to make sure that they do get
a 1099.
Mr. Williams: But is that in direct violation though? I mean, if, if that was in violation,
I’m, I’m hearing you saying there was two that wasn’t qualified but we didn’t give a 1099 to
anybody.
Mr. Russell: And that’s a violation, sir. I assume we’ll be self-reporting that. Yes, sir.
Mr. Williams: Is that, is that any, any penalties for the rec department or whoever
responsible for handling this, this type situation? Has that been addressed?
Mr. Russell: At this point, it’s not a rec department issue as much as it is a procedural
issue and I think the rec department and finance both carry the same weight there. We
discovered an issue that we didn’t, weren’t doing right. I don’t at this point foresee any penalties
for either the finance department or the rec department. I see us correcting a problem that we
discovered. The rec department was doing a process that was outlined numerous years ago prior
to either one of our appearance here and we’re doing what they’ve been instructed to do for years
basically what has –
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Mr. Williams: It’s, it’s like the church, Mr. Russell. Just because you been in church for
forty years and you belong, that, that don’t make it, it still wrong and I think that we need to and
I heard you say about the procedure need to be put in place and I certainly hope a whole new
procedure needs to be put in place.
Mr. Russell: Yes, sir.
Mr. Williams: But once we find out something is wrong, then we need to address that
and I think you’re doing it, you know. With the process you’re talking about but just because we
been doing it two hundred years don’t, don’t make it right. I’ll let Mr. Boyles finish it out.
Mr. Mayor: Tommy, go ahead. Go ahead, Tommy.
Mr. Boyles: Oh. I defer to Andy. I thought –
Mr. Williams: While Tommy was talking, I was trying to finish with –
Mr. Cheek: You know I hadn’t thought about this other than staff taking care of it but the
IRS web page that I read specifically states full time employees cannot be treated as contractors
and there’s, that’s, and I’ll be happy to take this off line and discuss it with the attorney and with
you, Fred, but I’d like, it’d be interesting to see, and they went through an entire quarter page of
definition on what was considered an employee, full time employee who were strictly forbidden
from serving as contract employees of the same employer so I’d be interested to see how we
work that out to be in conformance and that’s my main, I know this poses some potential
hardships. We’ve got an established process that we use but the government cannot be in the
business of, of violating IRS codes and even if we give them a tax form, there are other
stipulations within that document on the IRS web page governing who can and cannot be treated
as a contract employee and so forth so, anyway, I’ll be happy to take care of that off line and –
Mr. Russell: And I’ll be happy in the end to share that information with you, sir.
Mr. Cheek: Okay.
Mr. Williams: Motion to receive as information.
Mr. Cheek: Second.
Mr. Mayor: Is there a second? All right. Any discussion? All in favor then, please vote
with the usual sign.
Motion carries 10-0.
Mr. Mayor: All right. Item number 60.
The Clerk:
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60.Receive requested report from the Director of Recreation regarding grant awards
for Augusta Recreation Department. (Requested by Commissioner Williams)
Mr. Mayor: Mr. Beck?
Mr. Beck: Mr. Mayor, members of the Commission, I believe in your package you have
a list of our current grants that we are now administering currently in the department. We have I
guess several CBG grants as well as, of course, the senior nutrition program, the wellness grants
that you’ve accepted some additional ones today, tourism grant that we have through Newman
Tennis Center, the Play Tennis America grant that’s also tennis program city-wide but that is a
list that was submitted in your packet per the request of Commissioner Williams and I’ll be glad,
more than happy to answer any questions you may have.
Mr. Mayor: Mr. Williams, you have any questions?
Mr. Williams: Yes, sir. I think, Tom, I did ask for that to be, to be brought back to us
and, and I guess my question is in lieu of, we talked about the, the tax with the recreation
department, some grants thing that was happening, who, who else beside yourself, Tom, I guess
monitors the fund that we have come in with grants. I mean, in your department, have you got
an accountant in there that handle it or do you go through –
Mr. Beck: No. I wish I had a few positions like that but typically those things –
Mr. Williams: I wish you had too.
Mr. Beck: The division managers over that particular area are really are the ones in
charge of their grants among their other duties but you know, it’s all under my watch so it’ll all
fall under me.
Mr. Williams: I’m, I’m and I guess what I’m looking at when you got so much, so many
things and I question a lot of things with rec about how things were being bought, how money
was being used for uniforms and other stuff that, that I see and when, when you got this kind of,
this number, this magnitude of grants that’s coming through along with the other SPLOST
money that your department handles, finance only write, signs off on what is sent through
recreation or does finance keep up with this as well?
Mr. Beck: Well, if you’re talking about grants in particular, Finance has assigned an
accountant to work directly with us on grants and we have met with that employee a couple of
times and, I mean I feel pretty good about that. Obviously all of these grants are audited as well
so, but finance does have a particular stipulated individual working with us on grants at this time.
Mr. Williams: Well, that, there have been some grant funds, Tom, and, and you know the
situation probably better than anybody how grants and, and we vote on grants here when they
come through to get them passed through thinking they’re going to be used for a particular
service and I asked today about the Merry Street because I know we had a lot of grant money
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come through and we able to do some things differently with grants. Who, who makes those
decisions when we do some things differently with, with the grants?
Mr. Beck: We, we don’t do things differently with grants than, than what has been
stipulated in the grant.
Mr. Williams: Okay. So, so every grant that we’ve had designated for whatever has
been spent for that, is that right?
Mr. Beck: That’s correct.
Mr. Williams: Okay. Well, I needed information here, Tom. I’ve got some other stuff
that I’m going to present to you but I’ll get with Fred and you and I sit down and talk and, and
share that but I needed this information here. Mr. –
Mr. Mayor: Want to receive that as information?
Mr. Williams: Yes, sir. So move that we receive this information, Mr. Mayor.
Mr. Mayor: Is there a second?
Mr. Colclough: Second.
Mr. Mayor: Second. Any discussion? All in favor, please vote with the usual sign.
Motion carries 10-0.
Mr. Mayor: Number 63, Madame Clerk
The Clerk:
ATTORNEY:
63.Consider Human Relations Commission Ordinance Amendment.
Mr. Shepard: And Mr. Mayor, members of the Commission, we had recently done some
amendatory work on the Human Relations Commission Ordinance and it needed some editorial
changes in Section 1 4-111 about the composition of the, of the Board and we had conformed
that to what we needed to have done and then the meetings were not specifically set forth in a
specific room and we have done that. We had some discussions with the Chair of the HRC and
also I noticed some editorial changes which needed to be made as to punctuation and so I
recommend all of these amendments to you, Mr. Mayor and members of the Commission.
Mr. Mayor: Mr. Shepard, these, this has been recommended by the HRC?
Mr. Shepard: Yes.
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Mr. Mayor: Any discussion? Any questions?
Mr. Grantham: I move to approve.
Ms. Sims: Second.
Mr. Mayor: We have a motion to approve and a second. Discussions?
Mr. Mays: Is this the first one or we –
Mr. Shepard: First reading.
Mr. Mayor: First reading.
Mr. Mays: Oh, okay.
Mr. Mayor: All in favor then, please vote with the usual sign.
Motion carries 10-0.
Mr. Mayor: 64.
64.64. KMC Telecom, Inc Franchise Agreement Transfer to Telcove, Inc.
Mr. Shepard: Mr. Mayor, members of the Commission, the company of KMC is
being purchased by Telcove, Inc. Their franchise runs out in November of this year. They had,
they had requested formally that we assent to the transfer to Telcove. My suggestion is that we
respond with an approval resolution. If the closing doesn’t occur next month, then, then we will
not renegotiate a franchise but by ordinance I felt like with just the few months remaining on
this, that we would pass this resolution and then in the fall we would renegotiate for a ordinance
type franchise agreement. Because if it doesn’t close, we won’t negotiate with Telcove, we will
continue on and just with KMC Telecom but I, I feel like it’s going to close therefore we will
have an opportunity to revisit the rates and charges in the ordinance. Renegotiating it with what,
five months left to go when all we were requested to do was to assent to the transfer, it just
seems that the appropriate thing to do was to assent to the transfer by resolution as opposed to
renegotiating the whole thing now by ordinance.
Mr. Mayor: Everybody understand that?
Ms. Sims: No.
Mr. Shepard: They have a closing, Mr. Mayor.
Mr. Mayor: I, no, I understand it. I was asking if everybody here understands it.
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Mr. Shepard: They have a closing. This is to facilitate that and then we’ll be positioned
to negotiate with them in the fall on a, on a longer franchise which will be done by an ordinance.
Ms. Sims: A motion to approve.
Mr. Boyles: Second.
Mr. Grantham: I think in simple terms is that Telcove is taking over Telecom’s contract.
And it’s not time to negotiate so we’re, we’ve got five months in order to do that. So all we’re
doing is permitting the transfer to take place.
Ms. Sims: Correct. Motion to approve.
Mr. Mayor: You got it.
Mr. Grantham: I just wanted to make sure, that’s not lawyer’s jargon.
Mr. Mayor: That’s lumber talk.
Mr. Grantham: That’s lumber talk.
Mr. Mayor: Are there any questions about this discussion? Okay. We need a motion.
The Clerk: Okay. Ms. Sims made the motion.
Mr. Mayor: Okay. Do we have a second on the motion?
The Clerk: Yes, sir. Mr. Boyles.
Mr. Mayor: Second?
Mr. Mayor: Second. Okay. Any other discussion? All right. We’ll go ahead and move
with the vote then. All in favor then please vote with the usual sign.
Motion carries 10-0.
Mr. Mayor: Okay. Now we’re down to the portion for the legal meeting. Mr. Shepard?
Mr. Shepard: Mr. Mayor, members of the Commission, I’ve asked for a legal meeting to
discuss the matters discussed in the agenda book which are pending in potential litigation, real
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estate and personnel including the matter referred from the May 31Administrative Services
Committee meeting.
65. LEGAL MEETING:
A. Pending and potential litigation.
B. Real Estate.
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C. Personnel.
Discuss Section 1.F-17 of the Personnel Policy Handbook, “Conduct subject to
disciplinary action of personnel policy”, “Engaging in offensive conduct or
using offensive language toward the public, supervisory personnel, or fellow
employees”; and department heads’ response time to inquiries from members
of the Augusta Commission. (Deferred from the May 31, 2005 Administrative
services Committee Meeting)
Mr. Cheek: So move.
Ms. Sims: Second.
Mr. Mayor: And a second. All right. All in favor, please vote with the usual sign.
Mr. Mays: Mr. Mayor?
Mr. Mayor: Yes, Mr. Mays? What?
Mr. Mays: I just want to note for the record that it’s excluding the process in which we
put on the table tonight.
Mr. Mayor: All right. It’s tabled.
Mr. Mays: Well, I mean, I know it’s tabled out here but I want to make sure it’s on the
record that it’s tabled back there.
Mr. Mayor: Yeah. It’s tabled.
Mr. Mays: Okay.
Mr. Mayor: Okay. All in favor, please vote with the usual sign to go into, to go into
legal. Madame Clerk, if you’ll publish the vote?
Motion carries 10-0.
Mr. Mayor: All right. Before, before everybody takes off, I’ve got to leave for Atlanta.
I’ve got some meetings at HUD first thing in the morning but I just wanted to express to each of
you how much I have enjoyed working with each and every one of you and your predecessors
over the past six and a half years. As I said when I made my announcement in this chamber a
week and a half ago, we may disagree on policy but we do not disagree that each one of us
sitting up here has in our view the best interest of this city at heart and I commend each of you
for your service to the community. And I also want to say thank you to our staff. We work, I’ve
worked through four administrators, permanent and, and interim, and it, we have in my view
some of the top talent in local government that I’ve experienced anywhere I’ve been in this state
or in this country, and I want to commend all of the employees for what they’ve done to keep the
organization going and, and supporting this body and this mayor for the last six and a half years.
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I’m going to miss being here in these meetings. You have not let me down in my last meeting.
It’s just been as action packed as the first one but I know whoever the Interim Mayor is and
whoever is elected to fill this seat through the remainder of my term and then for a full term next
year will have your full, your full, I would say cooperation in abiding by the rules of the
Commission and following the two minute debate standard –
(Laughter)
Mr. Mayor: - that you have, that you have set for yourself and embodied and reinforced
in a vote by this body but it’s been a pleasure working with each and every one of you and I wish
each one of you Godspeed and I look forward to getting more HUD checks back to Augusta.
Thank you.
(A round of applause is given.)
[LEGAL MEETING]
Mr. Chairman: We’ve got several items to discuss. Mr. Attorney?
66. Motion to approve authorization for the Mayor to execute affidavit of compliance
with the Georgia’s Open Meeting Act.
Mr. Shepard: Thank you, Mr. Cheek. First of all, I’d ask for a motion, Mr. Cheek and
members of the Commission for Mr. Cheek as presiding office, number 1, that we recognize his
election on the record, the open record before we went into legal session as the presiding officer,
and that he be empowered to sign the closed meeting affidavit which indicates that we only
discussed items within the permitted exceptions of the Open Meetings law which included
discussion of pending and potential litigation, which included discussion of real estate, and
deliberation on the appointment of public officers of, and employees which do not include
elected officials. So –
Mr. Cheek: We need a motion and a second on that.
Mr. Colclough: I so move.
Mr. Grantham: Second.
Mr. Cheek: Any discussion? All those in favor? Normal sign of voting. Madame Clerk,
if you’d record me with the yes.
The Clerk: I need some more votes please.
Mr. Cheek: All right. Y’all hang with us. We’re going to be through this just shortly.
Mr. Williams, Ms. Sims and Mr. Boyles out.
Motion carries 7-0.
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Mr. Cheek: Next item, please, Mr. Attorney.
Mr. Shepard: All right. Well, thank you, Mr. Chairman. I’d ask for the authority
to execute through counsel which we’ve associated in the K-Mart bankruptcy a proof of
claim in the amount of $30,220 representing a compromise claim in their Chapter 11
reorganization which would satisfy the claims of Augusta and it’s a filing of those claims in
that jurisdiction.
Mr. Colclough: I so move.
Mr. Cheek: We have a motion. Second?
Mr. Grantham: Second.
Mr. Cheek: Discussion? All those in favor, normal sign of voting. Madame Clerk, if
you’d, would record me in the affirmative please?
Mr. Williams, Ms. Sims and Mr. Boyles out.
Motion carries 7-0.
Mr. Shepard: And one other matter in a matter of real estate. Mr. Chairman, if we
could have an add and approve on this which is to acquire our property for a fire training
center as described in a contract that has been negotiated by the Law Department in a not
to exceed amount of $720,000 subject to the title examination of that property and subject
to the environmental examination of that property for any environmental contamination.
Mr. Grantham: So move.
Mr. Colclough: Second.
Mr. Cheek: Motion and second. Discussion? All those in favor, normal sign of voting.
Madame Clerk?
The Clerk: Okay.
Mr. Cheek: What I said earlier.
The Clerk: Okay.
Mr. Williams, Ms. Sims and Mr. Boyles out.
Motion carries 7-0.
Mr. Cheek: We have one item on the table. Need a motion to pull the item off the table.
57. Discuss Interim Mayor Position. (Requested by Commissioner Bobby Hankerson)
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Mr. Mays: So move.
Mr. Hankerson: Second.
Mr. Cheek: All right. All those in favor, normal sign of voting. I didn’t think there’d be
any discussion on pulling it or not so pardon me if I presumed wrongly.
Mr. Williams, Ms. Sims and Mr. Boyles out.
Motion carries 7-0.
Mr. Cheek: Anyway. Items on the table is, I guess we discussed having a motion to
receive this as information tonight.
57. Discuss Interim Mayor Position. (Requested by Commissioner Bobby Hankerson)
Mr. Mays: So move.
Mr. Grantham: Second.
Mr. Cheek: Any discussion? Can we reread the motion?
Mr. Mays: Receive it as information.
The Clerk: To receive it as information.
Mr. Cheek: The item that we had on the table for clarification was the item to discuss –
The Clerk: Item 57.
Mr. Cheek: - the process for selection of the Mayor and so forth. And that was the item
on the table. It’s being received as information.
The Clerk: Item 57 is being received as information.
Mr. Hankerson: Do we have a sub, that was just one motion that we had on the floor?
Mr. Cheek: We had one motion, initial motion and the substitute I believe was defeated.
Madame Clerk, correct me if I’m wrong.
Mr. Hankerson: We didn’t vote on it, did we?
Mr. Cheek: No.
The Clerk: We didn’t vote on it.
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Mr. Hankerson: We didn’t vote on it at all.
The Cheek: No.
Mr. Hankerson: We didn’t, you got your, your motion and original motion.
The Cheek: And we tabled it.
The Clerk: Tabled it.
The Cheek: So we need to receive both of them as information. One of them as
information and then dispense with the second one.
The Clerk: Yes.
The Cheek: So the substitute motion is read as?
The Clerk: The open process. For letters of intent.
The Cheek: Okay. Everybody understand that? This is the at length process we
discussed earlier.
The Clerk: You want me to read it in its entirety?
The Cheek: Please, if you don’t mind. There’s puzzlement among the –
The Clerk: Okay. That the open process for letters of intent between now and the time
the Mayor vacates the office of Mayor be submitted and the super district Commissioners will
down select that number to five and present to the Commission for an interview process.
The Cheek: So we have a motion to receive that as information. Any discussions?
Mr. Colclough: I so move.
The Cheek: Okay. We had a motion and a second already. So any discussion? There
being none, all those in favor, normal sign of voting.
The Clerk: Mr. Cheek, you’re voting?
The Cheek: I vote with the majority.
(Vote to receive as information Mr. Cheek’s previous substitute motion)
Mr. Hankerson votes No.
Mr. Williams, Ms. Sims and Mr. Boyles out.
Motion carries 6-1.
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Mr. Cheek: Okay. We have the original motion to, to dispense of, with, as.
Mr. Hankerson: Mr. Chairman?
Mr. Cheek: Yes, sir?
Mr. Hankerson: That was a little bit confusing what you said. The motion, how’s the
motion that you made then be motion to receive as information? I mean, I thought the motion
was, the content of the motion, the contents of the motion was to set the, the two super districts
to look at the applicants and present them to us, that’s what the motion is. It wasn’t to receive
that, that as information.
Mr. Cheek: Well, the motion in our proceedings on a regular basis, we have measures
brought before us that we do receive as information. The measure is put forth as a standing
measure and then it can be voted on either to act or to receive as information which is a
nonaction. Now, Mr. Parliamentarian, is that correct?
Mr. Shepard: Well –
Mr. Hankerson: Wait a minute.
Mr. Shepard: Mr. Cheek, I think the maker of the motion has now indicated that he did
not consent to the amendment to receive that process as information. So -
Mr. Cheek: I think I was the maker of the motion so, and I do consent.
Mr. Shepard: But you would need the entire body to consent to that amendment.
Mr. Cheek: Okay.
Mr. Shepard: So I think that I’m hearing Mr. Hankerson say he does not consent to that
amendment, is that correct?
Mr. Hankerson: No.
The Clerk: And where the original motion was to receive it as information.
Mr. Shepard: [inaudible] vote failed on the, so –
Mr. Hankerson: I thought the motion belonged to the chair.
Mr. Shepard: The motion belongs to the body, Mr. Hankerson.
Mr. Cheek: To the body.
Mr. Hankerson: To the body.
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Mr. Cheek: Yes.
Mr. Hankerson: And the motion was, he made the motion and he didn’t accept my
amendment.
Mr. Cheek: Correct.
Mr. Hankerson: So that was the motion. We need to, we supposed to vote that up or
down.
Mr. Cheek: Let’s vote it up or down then.
Mr. Shepard: Well, I think at least from my understanding, Madame Clerk, the motion
should be reread to reflect what the vote is going to be taken on. Now is it going to be taken on a
motion including receiving as information?
Mr. Cheek: We don’t have unanimous consent. Let’s, let’s go back for simplicity’s sake,
step back to the original motion and vote it up or down.
Mr. Shepard: Got to go back to the original substitute motion.
Mr. Cheek: Original substitute motion.
The Clerk: An open process for the position of Interim Mayor with letters of intent to be
submitted between now and the time that the Mayor vacates his seat and that the super district
Commissioners will down select to five members and present to the Commission for interview
process.
Mr. Cheek: Okay. Everybody’s got that. Motion has been read. Any discussion? Okay.
An affirmative votes for would be to do the process. No defeats that measure and we go back to
the original motion.
The Clerk: Okay. Mr. Cheek, you’re voting?
Mr. Cheek: I’m voting with the body.
(Vote on Mr. Cheek’s previous substitute motion)
Mr. Williams, Ms. Sims and Mr. Boyles out.
Motion fails 0-7.
The Chairman: The original motion was to receive it as information.
The Clerk: Yes.
Mr. Mays: Motion.
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Mr. Colclough: Second.
The Clerk: We have one.
The Cheek: Okay. We have that motion. It’s on the floor.
The Clerk: Yes. So we just need to vote.
The Cheek: I will just, I will just say this. Commissioner Hankerson was quite correct in
bringing this to the floor earlier. We’ve got to decide on a process and it doesn’t need to be at
the guidance at the foot of the Governor pushing us to do it. So I’d hope we would resolve this
very soon. Commissioner Hankerson, you have a –
Mr. Hankerson: I was going to wait until the motion carried. Then I had something to
say.
The Cheek: Okay. I will vote with the body. Okay. Commissioner Hankerson, you
have the floor.
Mr. Hankerson: Yes, sir. I’d like to make a motion that we use the same process that, as
we used for the Mayor Pro Tem and we need to go ahead and proceed with that, the nominations.
The Cheek: Okay. We have a motion on the floor.
Mr. Grantham: I’ll second the motion to get it on the floor.
The Cheek: And the motion has been made.
Mr. Hankerson: I mean, I can accept an amendment to abate.
Mr. Grantham: Not today though.
Mr. Hankerson: When do y’all want it?
Mr. Grantham: Have to have a special called meeting. We’d have to have a special
called meeting of, bring it back. Put it on the [inaudible].
Mr. Hankerson: That we use the same process as as we used to elect the Mayor Pro Tem.
Mr. Grantham: Why couldn’t we have a meeting before our committee meetings
Monday?
The Cheek: I’m going to, I for one am not going to rush this process. I mean, I don’t
have a problem with some of the people but this is something that will be done in the light of day
and it will not be done behind closed doors as is the case with the Mayor Pro Temp’s
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nomination. And I have objections to rushing the process. As the Attorney said earlier today,
the position is not technically vacated nor can we take a person into the office, nominate them, or
select them until the office is vacated. Is that correct, Mr. Attorney?
Mr. Shepard: That is my opinion, sir, that –
The Cheek: I have no problems with names being brought to the table but they’re going
to be put on the table and if it’s done in secret, I’m going to call every one of the members of the
press and let them know about it.
Mr. Hankerson: Well, I want to put a date to it then.
The Cheek: Yes, sir.
Mr. Hankerson: I mean, I think that’s what was lacking in it and I think we could do it at
the next Committee meeting.
The Cheek: Okay. The motion before us is –
Mr. Hankerson: Preceding the next Committee meeting.
The Cheek: Are we going to amend the motion?
Mr. Hankerson: Yeah. At that, what’s that? 12:00? We meet at 12:30?
The Clerk: Yes.
Mr. Hankerson: The next Committee meeting?
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The Clerk: So you do the nomination process on the 13?
Mr. Hankerson: Right.
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The Clerk: June 13?
Mr. Cheek: Okay. We, wait a minute. We have the motion on the floor which is to open
the nomination process. It’s being amended to bring it to committees. Is that correct?
Mr. Hankerson: No. Have the meeting for that process preceding our next committee
meetings.
Mr. Grantham: Our next Commission meeting.
The Cheek: Committee meetings or Commission meting?
Mr. Grantham: Commission.
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The Cheek: Commission meetings. Okay. We have clarity.
Mr. Hankerson: I said Committee.
Mr. Mays: Just a point of order, Mr. Presiding Officer.
Mr. Cheek: Yes, sir.
Mr. Mays: If we are doing this and have voted down one motion. We voted to receive
one as information and I realize we could keep making motions all night long but if we are
following per se the advice of the Attorney that it has not been vacated, then why are we voting
to have a meeting prior to vacating? Now it seems to me crazy as hell if the reason then that to
do it was because it had not been vacated. We’re still going back to a process that you going to
take on a meeting prior to the office being vacated if you’re voting on what the attorney has
advised. That’s just all I’m saying. Everybody go on, y’all can do what you want to do but if
you’re following the advice of the attorney on why you made the other motion, it would seem to
me that you just simply put it on the agenda for the next Tuesday meeting. The Mayor’s gone.
Somebody gives up six votes and do it that way. Like we cut all other things to do. Get some
vote, put them down there, put a motion on there to select somebody, make the nomination on
the floor and vote that person up or down. When they get to six, it’s a done deal. It’s Roger
Rabbit. It’s all over.
(Laughter)
Mr. Mays: But to the point, but to the point of coming back and having a meeting prior
to us doing it, it either makes us look crazy or make the attorney look crazy because I mean,
you’re saying you’re doing it based on what the attorney has advised but mind you reversing that
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process if you’re going to have a meeting on the 13. Why we do it?
Mr. Hankerson: Could I speak to that? I –
Mr. Cheek: Let’s, let’s hear from the Attorney then, and then Commissioner Hankerson,
you have the floor.
Mr. Shepard: My advice would be that the same defect that exists today would exist next
Monday in the committees. Therefore, this, this motion would be in order at the next regular
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session of this body which would be the 21 of this month and that, that’s, that would clearly be
in order at that time to go through a nominations process and select that Interim Mayor at that
time.
Mr. Mays: Mr. Chairman, on the advice of the City Attorney I move that it be
placed on the agenda as the first item on the regular next scheduled meeting of the Augusta
Commission.
The Cheek: Is that a substitute motion?
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Mr. Mays: That is a substitute motion.
Mr. Cheek: Do we have a second?
Mr. Colclough: I second it.
Mr. Cheek: Okay. We have a motion and a second. Commissioner Hankerson, you have
the floor, sir.
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Mr. Hankerson: And that’s, the next meeting is on the 21 of June?
Mr. Mays: Yes.
Mr. Hankerson: So okay, so we, we’re considering that as not necessary to do, to do it
before and my reason, what I was going to say that I don’t see, I heard what the attorney said and
I’m going to take your position, Mr. Mays, I kind of learned this from you, that I don’t see no
legality in the wait. Now, I, that’s what’s not legal for us to do it earlier than that. I know that’s
the attorney’s advice. I respect his advice and I respected his advice last night when he told me
last night the only thing holding you up, Hankerson, from doing this is that we don’t have a letter
from the Governor. Now he’s, now, now that’s your words. You said a letter from the Governor
and I don’t think you going to get it by tomorrow. But I’m sorry, that letter came in today. Now
what happened from that point now? I mean, you know, it’s fine with me. We, we’re moving
forward but now tell me one thing, don’t change on me –
Mr. Cheek: Mr. Hankerson?
Mr. Hankerson: When, when it happened, you know, I, you know, I –
Mr. Cheek: Address everything to the chair.
Mr. Hankerson: I don’t see no legality in, in the date and changing the date. What,
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what’s the difference in tomorrow, next week or the 21? The only thing that I was saying, I
thought it would be good for us to, to name that person so that person could have a transitional
period with the Mayor before the day he walks out. That’s the only reason that I said it’d be
early.
Mr. Shepard: Well, I, now –
Mr. Cheek: You have the floor.
Mr. Shepard: Thank you, Mr. Chairman. Mr. Hankerson, at that hour, I had not
reviewed the statutory language which I reviewed today and we spoke without that and you are
certainly correct that that was my feeling then, my opinion then but after looking at this language
again today, I thought of another contingency which I thought was a, a, probable that would
challenge that officer if we elected him today or, or before there is a vacancy, you can read the
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statute. I read it into the record and therefore having looked at the statutory language and which
I did not look at last night, sir, I am of the opinion that it should properly fall on any time after
th
the vacancy is finalized. And it, it has been couched in a resignation which occurs on the 20
and anytime after that is fine. But right now, I have to say, sir, after reviewing the language of
both the Mayor’s letter which I did not have yesterday, and the Governor’s letter which I now
have and the statute, I remain convinced that the safest thing to do is to vote after the vacancy is
clearly declared.
Mr. Hankerson: I just disagree with the interpretation of, of that. I really do.
Mr. Cheek: Okay. We have a motion. Richard, do you have something?
Mr. Colclough: I’m just ready to vote.
Mr. Cheek: Okay. Can we reread the substitute motion and the motion please?
th
The Clerk: Yes, sir. The motion was to have a special called meeting on June 13 to
develop the process for appointment of Interim Mayor.
Mr. Cheek: Okay. Discussion? All in –
Mr. Mays: The substitute –
Mr. Grantham: He had a substitute.
Mr. Cheek: He had a substitute. Yeah. That’s what, we need the substitute motion first.
Right.
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The Clerk: The substitute motion was to place on the June 21 Commission meeting
being the first item on the regular agenda.
Mr. Cheek: Right. Okay. That’s the substitute motion. It’s been a long day for all of us.
Any discussion? All those in favor, normal sign of voting. I vote with the body.
The Clerk: Sir?
Mr. Cheek: I’ll vote with the body.
(Vote on the substitute motion)
Mr. Williams, Ms. Sims and Mr. Boyles out.
Motion carries 7-0.
Mr. Cheek: Mr. Parliamentarian, that renders the original motion moot. Correct? I’m
going to say this and then we’re going to get a motion to adjourn. I really, really feel that we
should have some type of process where anybody may come to us and talk but they need to come
out to the public and express a desire to sit in the office of the Mayor and hold that position.
85
They need to do it publicly and we need to display that name publicly before we vote on it. And
I, I think we should open it up to people across this city that are qualified. Motion to adjourn?
Mr. Colclough: So move.
[MEETING ADJOURNED]
Lena J. Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
June 7, 2005.
____________________________________
Clerk of Commission
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