HomeMy WebLinkAboutCommission Meeting October 3, 2006
REGULAR MEETING COMMISSION CHAMBER
OCTOBER 3, 2006
Augusta Richmond County Commission convened at 2:00 p.m., October 10,
2006, the Hon. Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Holland, Smith, Grantham, Hatney, Williams, Beard, Cheek,
Bowles and Brigham, 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 the Reverend Norman V. Carter, Ministry
Coordinator, Macedonia Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
The Clerk: Reverend Carter, on behalf of the Mayor and members of the
Commission, we’d like to give you this token of our appreciation for coming in and
sharing and imparting that word of God on our behalf.
(APPLAUSE)
Mr. Mayor: Alrighty, we will move along to the presentations.
The Clerk:
PRESENTATIONS
A. Presentation from the Canal Redevelopment Task Force regarding the Third
Level Canal. (Requested by Commissioner Betty Beard)
Mr. Mayor: Betty, do we have a representative of the task force here?
Ms. Beard: I have not seen one I simply assumed they would be here but maybe
they will be a little late.
Mr. Mayor: Okay. Go ahead and move along to the recognitions.
The Clerk:
RECOGNITION(S)
B. J.P. Jones. Represented First Tee of Augusta at the Champions Tour Event in
Pebble Beach, CA., September 2006.
The Clerk: We ask that J.P. Jones along with his family to please join the Mayor
at the podium. Mr. Jones.
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Mr. Mayor: First off, I’d like to say, thank you so much for being a great
ambassador of Augusta. We are all extremely proud of you. With that I’ll read you the
proclamation. In recognition of John Jones.
Whereas John Jones, as senior at the Academy of Richmond County, was one of
seventy-eight junior golfers selected from around the country to participate in the Wal-
Mart, First Tee Open, at Pebble Beach this past September, and
Whereas the Wal-Mart First Tee Open at Pebble Beach is an official
championship tournament that included junior golfers, professionals and amateurs, and
Whereas John Jones was selected by First Tee of Augusta, GA through an
exclusive selection process to participate in the program and evaluates their playing
ability and comprehension of the life skills and core lessons learned through the program,
and
Whereas the First Tee facilities selected forty juniors world wide to participate,
and during the tournament, John was paired with former Masters winner, Craig Stadler
and
Whereas John Jones is the owner of a 3.4 grade point average, was taught the
game by his father Frank starting at age five, and
Now, therefore, I, Deke Copenhaver, Mayor of the City of Augusta, do herby
proclaim October 3, 2006 as John Jones day in Augusta, GA and urge all citizens to join
in recognizing the talent and ambition of this outstanding young man.
In witness I unto herby set my hand in cause the Seal of Augusta, GA to be
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affixed this 3 day of October 2006. Congratulations. Well deserved.
(APPLAUSE)
Mr. Mayor: Do you want to say anything?
Mr. Jones: Thank you Augusta, and I love you all.
Mr. Mayor: And, your Mom told me something else, that there was a little extra
on the trip that you did.
Mrs. Jones: (Inaudible).
Mr. Holland: Mr. Mayor, before J.P. leaves, I just have to say this to him. Uh,
most of the Commissioners will probably be knocking on your door for lessons from you
and your Dad. But really, we’d like to commend you, on a day and time where we’re
getting so many negative reports about young people in the newspaper, it’s just a blessing
to see someone like you come out of the community and go off and represent Augusta as
well as you have done. And being a former employee of Richmond Academy, keep up
the good work and may God Bless.
(APPLAUSE)
Mr. Williams: Mr. Mayor?
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Mr. Mayor: Mr. Mayor Pro Tem. Hang on one second there.
Mr. Williams: Ah, Mr. Mayor, I need to personally say to J.P., he knows where
I’m coming from. His father and I have finished high school together, been friends for
many, many years, but uh, watching this young man grow up, his father is a member of
my church who, who uh, participates and comes. But, J.P. is a perfect example. We’re
hearing all this negative stuff about how young people are bad. But, that just proves that,
now he’s not perfect now. I can tell you some stories. But, I don’t want him to think I’m
just blowing him up to think that’s he’s all that and a bag of chips, but he is a good kid
and I’m just so proud of him. I’m so proud of his Mom and his Dad for what you had in
doing and raising him and getting him to this point. Don’t stop. The work is not over.
You’re gonna have to continue cause he’s got a long road ahead of him but I see a bright
future and I want to commend you J.P. to continue.
(APPLAUSE)
Mr. Mayor: J.P., I’ve never seen anyone get three rounds of applause in this
place. So well done!
Mr. Jones: Thank ya’ll.
Mr. Mayor: Madam Clerk shall we move onto the delegations.
The Clerk:
DELEGATIONS
C. Mr. Harry Moore, Chairman of the Augusta-Richmond County Coliseum
Authority. RE: Hotel/Motel Tax for the ARC Coliseum Authority and James Brown
Arena.
The Clerk: Uh, yes sir. As a part of our addendum agenda Item C has been
requested to be deleted from the agenda by Mr. Moore, Chairman of the Authority.
The Clerk:
DELEGATIONS
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D. Rev. John A. Lockhart. RE: Street repair 1100 block 12 Street.
Mr. Mayor: Rev. Lockhart, if you could just state your name and address for the
record and if you could just keep it a five minutes please sir.
Rev. Lockhart: Rev. John Lockhart, 513 Hillwood Circle, Augusta, GA. As each
of you here today know that the city has been going through some stuff, Mr. Mayor, and I
come today with the hopes of alleviating some stuff that we’re going through by urging
us to be prompt in the things that we do. AS you look at the pictures before you, this
condition has been corrected. It was corrected this morning. It’s strange that this
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condition wasn’t corrected until I got on the agenda to appear before you. But we take
stuff and we do stuff and this was done back in February of 06. The street was dug up so
that the city could put in pipelines for Augusta Neighborhood Development Corporation.
When they dug across the street, you will see on one picture that, they put a black top on
across the street but they left a forty feet section where it was unpaved, it was four feet
wide, eight feet from the center of the road, and when you get that close to the center of
the road, when a car meet another car or a big truck you stand in danger having an
accident. You had six-eight foot drops in this place and the neighbor’s was concerned. I
don’t live in that neighborhood but I have family and friends that live in that
neighborhood. On one end is Davison School, other end is A.R. Johnson and Lucy
Laney. So we need to be wise in making our decisions as to what we repair and what we
doesn’t repair. Because every time I pick up the paper somebody’s suing the city and
that’s wasting tax payer’s money. And, I am a taxpayer. Right where this sat is a beauty
shop and you got the elderly peoples coming in and out, handicap peoples coming in and
out, and if somebody fall or, in the street or get hit by a car or something, who gonna bear
the blame for this? So, as we make repairs in this city we need to do it expediently and
make sure that everything is like it’s supposed to be, especially, when it’s the city digging
up these things. Thank you.
Mr. Mayor: Thank you sir for your presentation, and thank you for bringing this
to our attention.
Mr. Williams: Mr. Mayor?
Mr. Mayor: Commissioner Williams.
Mr. Williams: Uh, I thank Rev. Lockhart for bringing it, but I too would like to
know why, from some department was, why it was left so long before it was addressed.
It was fixed this morning, why wasn’t it fixed before this morning. If there was a reason
for that happening, and I know some things slip through the cracks, but we got a real big
crack in this city and we need to close it up some kinda way. I see Mr. Russell has his
hand up. I’d just like Mr. Lockhart to hear some reason as to why this was done, not just
him coming and presenting t us and then not hear.
Mr. Mayor: Mr. Russell:
Mr. Russell: I’d be more than happy to get that information back to both you and
Rev. Lockhart. I was briefed basically a little bit yesterday but I’m not satisfied with
what I heard yesterday and would like to look into it a little bit further. And, we’d be
happy to get that back to you and the Reverend.
Mr. Mayor: Rev. Lockhart, if you could get your contact information if you
haven’t already to Mr. Russell that’d be great. Okay, prior to moving into the consent
agenda, we’re gonna address, um, agenda Item 19.
The Clerk:
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PETITIONS AND COMMUNICATIONS
19. Consider the recommendation of the ARC Board of Tax Assessors to approve
the employment contract for Calvin C. Hicks as Chief Appraiser for Richmond
County, Georgia.
Mr. Mayor: Can we hear from somebody from the Assessors office, please, sir?
Mr. Smith: Mr. Mayor, Commissioners. To the Honorable Mayor Copenhaver
and Honorable Commissioners. As you are aware the Board of Assessors has been
operating the Property Appraisal Office without a chief appraiser since March of 2005.
Ms. Birkenshaw served exceptionally well as interim chief appraiser until April 10, 2006
when personal concerns necessitated that she retire earlier than she and we desired. On
September 8, 2006 the Board of Assessors reached an agreement with Mr. Calvin C.
Hicks, Jr. to fill the position of Chief Appraiser. A copy of the agreement is enclosed and
I believe you have that in your package. The Board of Assessors is requesting Board of
Commissioners approval of this agreement so that the appropriations agreed to can be
made available to bringing Mr. Hicks aboard. As stated in the agreement, Mr. Hicks has
agreed to assume duties as Chief Appraiser beginning November 1, 2006. The vote to
hire Mr. Hicks was unanimous by the Board of Assessors. This vote was taken August
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18 following an exhaustive search, a number of interviews, thorough reference checks
and much deliberation by the board. The search began in April. The human relations
department was very helpful in handling the advertising, setting up interviews and
providing information regarding personnel policies and procedures relating to the hiring
policies of the County. The parameters for reaching an agreement were set in a meeting
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held August 8 with The Commissioners liaison to the Board of Assessors Mr. Don
Grantham, Attorney Jim Plunkett, Mr. Fred Russell, Mr. Moses McCauley, Mr. James
Scott, the personnel committee of the board and yours truly. The agreement enclosed is
within those parameters. The Mayor, Commissioners, and the Administrator were among
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those invited to meet Mr. Hicks at a luncheon on September the 8. Thanks to those
who could come and thanks to all for your support. Now I would like to know if there
are some questions, but we want to present to you that agreement as we, as the law, I
guess reads, and the Attorney can verify this, uh, that the Board of Assessors has done its
responsibility of reaching an agreement with the person that it wants to have as its Chief
Appraiser. However, the uh, this agreement however does need to have the ratification
and approval of the Commission, uh so that funds can be appropriated. And we’d like to
present this, uh, I don’t know if Attorney Shepard has a comment at this time?
Mr. Mayor: Mr. Shepard.
Mr. Shepard: Thank you Mr. Mayor, members of the Commission. Uh, I think
the uh, the Board of Assessors has done their due diligence in locating an individual who
is well qualified to become our new Chief Appraiser. Um, you noticed they did bring a
contract for this individual. Um, I’ve heard this board as far as its own officials, uh, go
ahead and not offer contracts in the past. Um, the um, individual is from out of town. He
is relocating. He is making a commitment to Augusta. And, as an independent board I
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think we have the authority to offer a contract and that’s a, there’s nothing that’s
prohibited about this, um, nothing problematic I see, but it is a departure from higher up
decisions up here as has been reflected in department heads, uh, we have not been
offering contracts As they have been expiring we offered them employment at will.
Mr. Mayor. Okay. Commissioner Smith:
Mr. Smith: Thank you sir. I’d like to move for approval.
Ms. Beard. Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioner Bowles.
Mr. Bowles: Um, Steve what kind of precedent would, will we be setting if we
are to approve a contract for one employee and we have other department heads including
Mr. Russell and other department heads that don’t have contracts?
Mr. Shepard: I don’t think it’s a precedent that is being set in that he isn’t, this is,
he’s working as the um, Chief Appraiser under an independent board. So I don’t think
that’s a problem.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor, this is not gonna be a problem, maybe this is not
relevant, but Mr. Russell don’t have a contract but he does have a letter, which really in
reality is the same thing if, that if this Board of Commissioners decides that he was
longer here, he wouldn’t just be at will, than just be ran off or for no reason and, and, uh,
I things that’s, that’s the safety net in that. Meaning that if there is a problem we have
got something in place, which is not a contract, but it’s a letter, and there’s some things
stipulated in that letter as to what we would expect from him and what he would expect
from us. And I think that would serve the same purpose, it’s all in the name. I mean, I
learned that from my attorney. That mean, you can call it a contract, or you can call it a
deal. This here’s the same thing. So, let’s, I mean I got no problem. Mr. Smith made a
motion I think we can go on with that. I think eventually, you know, it’s gonna come to
uh, the same thing that we had before, so—
Mr. Grantham: Mr. Mayor?
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Thank you Mr. Mayor. I wanted to make a few comments
because as mentioned I was in that meeting with the other parties that are named. And,
we talk about the agreement and not necessarily identified it as a contract. We realized
contracts, agreements, whatever can be construed with however you want to interpret
them. But I will say this. Based on my involvement with the Board of Assessors and
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the office for the last three years, it’s been educational wise to see what does go on down
there and the professionalism of our board that is appointed by this body, because they do
have to do their training in their due diligence just as we do as far as on the state level of
learning what goes on in that office. The other thing is that we lived now for a year and a
half without an Assessor, uh, we’ve seen some things that have taken place in the past
and we’re trying rectify for the future and not, I want to commend Mr. Smith on the work
that he has done in wearing several hats there down in that office uh, since we lost Ms.
Birkenshaw, but I too feel like that we need to move on with this. I’m of the opinion that
contracts are not, uh, things’ to be dealt with lightly but I do think that we need to uh,
move on with our department heads and do the job that we should be doing. Thank you.
Mr. Mayor. Okay, um, before we vote, I just wanted to say I appreciate the job
that you’ve been doing and I appreciate the Board of Assessors in bringing forth this
candidate. If there’s no further discussion Commissioner’s will now vote by the usual
sign.
Motion carries 9-0.
Mr. Smith: Uh, thank you Mr. Mayor---
Mr. Mayor: Yes, sir.
Mr. Smith: There are some other board members here. Uh, would you please---
Mr. Mayor: Could we please have the members of the board stand so we can
recognize you?
Mr. Smith: Barbara McNeil, Gloria Frasier, Mr. Herman Portis, Herman Scott,
are the ones who could join us today and I, while the compliments were given to me,
obviously I’m only the Chair of the Board and I can only do what the board approves,
and these are representatives of the board and I, I am glad that you’ve taken this action
because while I wear several hats, as you know it’s a hat worn without uh, anything other
than the hard work and the uh, some thanks and I appreciate the thanks, and I appreciate
your cooperation here today and we look forward to continually working with you. And,
by the way, Mr. Williams, we are taking another, as you mentioned in the Finance
Committee meeting about our having to learn. My next meeting that I go for a course is
uh, in the resort town of Tifton. If you can come down and join us there, we look forward
to it.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Uh, before, before she sits down I just wanted to be the first to say
we also have with us uh, soon to be Representative Gloria Frasier. Congratulations.
(APPLAUSE)
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Mr. Mayor: Okay, it has been, prior to moving into the consent agenda request
that we address Item 22.
The Clerk:
OTHER BUSINESS
22. Appoint Interim District 4 Commissioner. (Requested by Commissioner Calvin
Holland.
Mr. Mayor: Mr. Holland I know that this was your---
Mr. Holland: Thank you Mr., uh, Mr. Mayor, Ms. Bonner fellow Commissioners.
We feel at this particular time, since this particular Commission seat has been
unoccupied, we feel that at this time we need to go ahead appoint someone to place in
this seat for the uh, the uh, the remainder of the year for the remainder of the time until
we have the election. District 4 has been without representation and they have been very,
very concerned about having some representation in reference to their district. So at this
time I would like to open the floor and make a nomination and nominate Mr. Calvin
Stevenson from District 4 for the remainder of this uh, Commission or time until the
election comes up and he is replaced by the person that’s elected in that position. Mr.
Calvin Stevenson from District 4 is my nomination.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, uh, is Mr. Stevenson here and does he meet all the
qualifications for holding the seat and he is not I know as far as---
Mr. Holland: Mr. Stevenson is present and I believe that you should have uh, uh,
an application. If it’s not in your, if it’s not in your packet, however any questions that
you would like to ask Mr. Stevenson, I’m sure he would be able to answer them and his is
qualified. He lives in that district and he does meet all of the qualifications in that, for
that district and---
Mr. Cheek: He’s currently not seeking that seat too.
Mr. Holland: Pardon?
Mr. Cheek: He’s currently not seeking the seat too is my question.
Mr. Holland: No he’s not.
Mr. Cheek: Okay.
Mr. Williams: I move that the nomination be closed then Mr. Mayor.
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Mr. Mayor: Do we get a second on Commissioner Holland’s---Okay. Okay.
Nominations are closed. Commissioners will now vote by the usual sign.
Mr. Brigham, Mr. Smith, Mr. Bowles, and Mr. Grantham vote No.
Motion fails 5-4.
Mr. Williams: Mr. Mayor?
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you sir. And, this is exactly why I think that this seat is
very important. I don’t understand. This is the second time we’ve been through this
charade where we have elected to put a person in the position and the Commissioners on
the other side of the aisle decide to vote against. I really don’t understand that, this seat is
very important. I been getting calls from people in the district wanting to know when we
gonna put someone, that we wait until the Governor appoints someone and he can
appoint anybody he wants to because, he is the Governor. But, the Commissioners have
brought somebody who would be willing to fill in and sacrifice their lives, their family’s
and their time to sit in the seat. I just like to know from some of the Commissioner’s
why, is it not important why they feel like it’s not a candidate. I---
Mr. Mayor: Mr. Williams I would say that we voted on this issue. That agenda
item has been handled.
Mr. Williams: I understand Mr. Mayor. I understand. And, I’m seeking a point
of clarification where I can get some clarity on this. Uh, this is not the first time Mr.
Mayor and there if there is a reason that the Commission did not support this candidate, I
would like to hear from them as to why they, why they didn’t.
Mr. Mayor: Commissioner Bowles has his hand up?
Mr. Bowles: Yeah, I respect your opinion Mr. Williams, un, however after the
last situation we had when I was criticized by people in my district for voting for
someone who doesn’t have, did not meet the residency requirements, I feel that for me to
do my job, I need to have some information before hand before I make a decision. And, I
don’t know this gentleman. I don’t know anything about him and before I make a
decision on somebody I don’t know, I’d at least like to look into the situation and that’s
exactly why I voted the way I did today.
Mr. Williams: I appreciate it Mr. Bowles. At least you, you was man enough to
at least speak your conviction and say why you, uh, didn’t uh, support the candidate.
And, I really respect you for that. Thank you, sir.
Mr. Mayor: Okay.
Mr. Grantham: I wanna speak on that if you don’t mind.
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Mr. Mayor: Mr. Grantham:
Mr. Grantham: We have more than privileges. Uh, the point I’m making is that I
didn’t feel it necessary to bring it to this floor, but I did talk to the Commissioner who
nominated this individual, and like Mr. Bowles I too did not know the individual, didn’t
really need to know him, but I felt like that when this occasion came up a month or so
ago when the seat was vacant at that time it would’ve been a lot easier to support this
situation in making an appointment, a temporary appointment. Here we have two
meetings left and one of them probably gonna be changed because it is on Election Day.
So to have one meeting inside of thirty days to bring on someone and to be able to put
‘em in the position, I think is an unreasonable request of the Government for expense as
well as everything else. So, my reasoning is not against this individual, and I want him to
know that as well as I discussed this with Mr. Holland. And, we talked about these things
about bringing ‘em up at this late in the game. Our backs are against the wall Mr.
Williams and evidently that’s what we need to be looking at. But, I could not support the
situation based on the time frame and based on not having any information at all until this
morning at nine o’clock. Thank you.
Mr. Mayor: Okay. Commissioner Holland and then let’s move on from this.
Mr. Holland: Uh, yes, sir, Mr. Mayor. I just have to uh, have to rebuttal against
these uh, against that particular statement from Mr. Bowles and from my colleague Mr.
Grantham, however, because this particular district needs representation, whether it’s one
day, two days or three days or three weeks. This district needs representation. And, they
have been calling and they have been asking for representation for their district. As a
matter of fact, we have a couple of people in here, maybe three or four people here from
that district who are very much concerned. That’s a very, very good district. And, they
are requesting that this seat be filled for them for the next three or four days. We don’t
know what kind of meetings are gonna come up tomorrow. We don’t know what kind of
meetings are gonna come up tonight. We don’t know what kind of meetings are gonna
come up next week. And someone from that district needs to be in the chair to represent
when the information comes back before this Commission and give them an opportunity
to vote on what ever information comes back. And, I would like to know whether or not
anyone here has had an opportunity to get in touch with the Governor to find out whether
or not he is in the process of trying to make an appointment here with someone that we
do not know, placing someone in a seat that this district is not familiar with. And that, I
think it’s already the concern of the people of that they know the person that’s
representing them in their district. And I think it’s really, really unfair to them for this to
happen. And this gentleman is definitely qualified. He lives there he’s been working
there for some time. You know, he’s retired military. He has a family there and he has
been living and living in that district with the people every since he has moved back here
and retired from the military in Augusta. And this is not fair. This does not look good to
the people when we have people who’s going to sacrifice their time---
Mr. Mayor: OK. Mr. Holland, we voted on---
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Mr. Holland: I just wanted to make it clear that these people are concerned about
their district just like everybody else here is concerned their district. So if the Governor
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is going to appoint someone between now and November the 13, we need to know who
it is.
Mr. Mayor: Commissioner Holland, I will tell you, and let’s move on with this,
that the likelihood of the Governor appointing anybody, I’ll just say personally, we can
request that Mr. Shepard make an inquiry to fill a seat on this government for one
meeting between now and November is slim to none. But I would request, Mr. Shepard
can you inquire into that. Would that be an appropriate measure to take?
Mr. Shepard: I can inquire your Honor.
Mr. Mayor: Okay. Thank you and let’s move on---
Mr. Holland: When would we get a response from that Mr. Mayor and Mr.
Shepard, when would we get a response---
Mr. Shepard: If you’d like me to fill out a report at this point and make a call, I’ll
be happy to do it. I’ll do it during the meeting, I’ll do it after the meeting, whatever it---
Mr. Mayor: After the meeting.
Mr. Holland: ASAP.
Mr. Mayor: The attorney has his walking orders, marching orders. Let’s move
on with the consent agenda!
Mr. Cheek: Mr. Mayor, point of personal privilege, and this uh---
Mr. Mayor: Please, and please Mr. Cheek, make it and let’s move on---
Mr. Cheek: Thank you very, very much for this. Is this, I mean I could flip a
coin on this either way. The thing about this is between now and then, even if we just
have two meetings, we’ve got several committee meetings, some budget sessions and
everything else. That will impact that district. The district does, in spite of the hardship
it may pose on the government to install somebody in that short period of time, that
district does deserve representation to, to have dialogue about the budgetary process,
about the reduction of services it may incur in that district, uh, to have a voice in the way
the government goes forward from there. Um, I just wanted to air that, like six and one-
half dozen of the other, but I think if we do have someone willing to sacrifice their time
and serve this community in a short period, it’s not running for office, that has met the
requirement for residency, than why not give the people someone who, at least will be
involved in the budget dialog and other things especially if they have experience in those
areas.
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Mr. Holland: Thank you.
Mr. Mayor: Okay. Let’s move on to the consent agenda, Madam Clerk, and
actually any additions to the agenda.
The Clerk: Do you want to do the addendum first?
The Mayor: Yes, let’s do the Addendum Agenda first.
The Clerk:
ADDENDUM AGENDA:
DELETION FROM THE AGENDA:
Delete Item C. (Requested by the Coliseum Authority)
ADDITIONS TO THE AGENDA:
1.Discuss the cancellation of First Friday. (Requested by Commissioner
Cheek)
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2.Approve rescheduling the November 7 Commission meeting to
Thursday, November 9, 2006.
Mr. Cheek: Move to add.
Mr. Williams: Second
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign.
Motion carries 9-0.
Mr. Mayor: Okay now, let’s move on to the consent agenda.
The Clerk: Consent Agenda consists of Items 1-12. Items 1-12.
Mr. Mayor: Okay. Do we have any consent agenda items to be pulled for
discussion?
Mr. Holland: Mr. Mayor, I’d like to pull #7.
Mr. Mayor: Commissioner Williams.
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Mr. Williams: Mr. Mayor, I’d like to pull #8 and 9, clarification on those please.
Also, Mr. Mayor, if you want to, we can add 11 and 12 to the consent unless the body has
a problem.
The Clerk: It’s already on.
Mr. Williams: It’s already on there?
The Clerk: Yes, sir.
Mr. Mayor: Commissioner Cheek:
Mr. Cheek: Mr. Mayor, if it pleases the body, we could add Item 2 of the
addendum agenda to the consent agenda.
Mr. Mayor: Are there any further items to be pulled or added to?
Mr. Brigham: Mr. Mayor:
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: I don’t see why we couldn’t add Item 18 to the consent agenda.
Mr. Mayor: Any further items to be pulled for discussion of added to the consent
If not, I look for a motion to approve.
agenda.
Mr. Cheek: So moved.
Mr. Williams: Second.
Mr. Mayor: We have a motion and a second. Any further discussion?
Commissioners will now vote by the usual sign.
CONSENT AGENDA
PUBLIC SERVICES
1. Motion to approve a request by Linda D. Eubanks for an on-premise
consumption Liquor & Beer license to be used in connection with the Fishbowl
Lounge located at 2248 Lumpkin Rd. There will be Dance. District 6. Super District
10. (Approved by Public Services Committee September 25, 2006)
2. Motion to approve a request by Amitkumar S. Patel for a retail package Beer &
Wine license to be used in connection with Sand Bar Ferry Grocers located at 232
Sand Bar Ferry Road. District 1. Super District 9. (Approved by Public Services
Committee September 25, 2006)
3. Motion to approve a request by Sun Evans for a retail package Beer & Wine
license to be used in connection with Raceway #941 located at 1236 Gordon Hwy.
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District 1. Super District 9. (Approved by Public Services Committee September 25,
2006)
4. Motion to accept a $2000 grant award from the National Football League and
National Recreation and Parks Association’s Local Agency Football Program.
(Approved by Public Services Committee September 26, 2006)
5. Motion to approve a request by Gordana Z. Downs for a Therapeutic Massage
and Operators license to be used in connection with Therapeutic Bodyworks by
Gordana at Sherry’s Nail Studio located at 3540 Wheeler Rd. Suite 401. District 3.
Super District 10. (Approved by Public Services Committee September 25, 2006)
6. Motion to approve the purchase of an Airport Painter/Stripper Machine.
(Approved by Public Services Committee September 25, 2006)
ENGINEERING SERVICES
10. Motion to approve and accept a Lease from Thompson Farms. (Approved by
Engineering Services Committee September 25, 2006)
PETITIONS AND COMMUNICATIONS
11. Motion to approve the minutes of the regular meeting of the Commission held
thththth
September 5 and 19. Special Called meetings held September 11 and 25, 2006.
APPOINTMENTS
12. Motion to approve the appointment of Mr. Hardy Bennings to the ARC Human
Relations Board representing District 2.
18. Approve retirement of Mr. Andrew Howard under the 1949 Pension Plan.
Addendum Item 2. Approve rescheduling the November 7, 2006 Commission
meeting to Thursday, November 9, 2006.
Motion carries 9-0. [Items 1-6, 10-12, 18, Addendum Item 2]
Mr. Mayor: Okay, let’s take the first addition to the Agenda, Mr. Cheek’s
discussion of First Friday. Mr. Cheek.
Mr. Cheek: Thank you, Mr. Mayor. Uh, having heard this out of the clear blue
sky the other day on the radio that there’s plans afoot to make this next First Friday here
in October the last First Friday, and to go to alternative means, alternative scheduling and
planning, and perhaps even hiring a staff. Um, this has become a trademark event for the
city of Augusta that the people from all over this region look forward to coming to and
enjoying. Um, question one is why this body wasn’t consulted about the process or
decision to do this. Question two was why wasn’t the downtown advisory board, that this
body impaneled to, um, to discuss and make recommendations to us, why they weren’t
included in the process. Uh, three uh, the question has always been about the kind of
events that occurs after ten-thirty at night. The number of problems we have. I for one as
th
a Commissioner feel like that 12 Street is our main street, and if we’re going to roll up
the white flag and surrender Broad Street than there’s no place in this city safe. That we
14
should take back the night if there’s an issue after ten-thirty, using any and all means
necessary. But, that people should feel free to be safe and enjoy themselves for their First
Friday festivities and that we continue to grow this event. I noticed that Greenville hasn’t
done away with their similar event and every other city hasn’t uh, Santa Fe, New Mexico
or any other city that I’ve ever been to has this type of festival hasn’t done away with
there’s, they’ve dealt with the problems. Uh, I think this is a step backwards. It is not
growing uh, interest in downtown and by the way, this Saturday market was a creation of
Main Street, which we’ve done away with. First Friday was also a creation of Main
Street um, which we’ve done away with. One, we have money allocated to administer
Main Street, which is split 50/50 by the director of DDA. Uh, if we’re going, to in fact
do away with Main Street, and in fact do away with First Friday than those funds could
be returned to the general fund and allow the remainder of that money to be used, the
balance of that be used to run DDA. Uh, Mr. Mayor, I’m very concerned that we’re
taking a step backwards and away from what we, uh, where we need to go and uh, may it
please the body to remind everyone that the Market is a great and wonderful thing. It is
growing but most of the businesses are not open at eight in the morning on Saturday
morning. So the benefit, the spin off benefit that occurs to having hundreds of thousands
of people downtown uh, diminishes the economic impact on those businesses because of
the hours in which it’s held. Um, we have um, Brad Owens is here, he’s a DDA member,
uh, this hasn’t been discussed in DDA member’s meetings, um, openly at least. Uh, he’s
a member of our Advisory Board for downtown, hasn’t been discussed there. Uh, I just
think before we step back from this, this Commission needs to make a statement about
First Friday, our concern for it and at least let it have it’s day in debate on this floor
whether we let it live or die. Um, so Mr. Mayor I’m just bringing it to the floor. I for one
support First Friday and think it should continue.
Mr. Mayor: I’m, let me shed a little light on this. From I understand Mr. Cheek
there’s a meeting of the Tuesday Morning Round Table this morning at which a local
businessman has offered to pay half the cost for First Friday if he can get matching funds
from local merchants, from the business owners downtown. So I don’t think it is dead by
any means to this point. I, from what I understand about that meeting it was a good
meeting to address how the private sector might get more involved in taking this on, but
I’m not sure if you were aware of that, so I just wanted to bring that to your attention.
Commissioner Williams.
Mr. Williams: Thank you Mr. Mayor. Like Commissioner Cheek I too support
First Friday and I’m, I’m a little disappointed as to the decision that was made and put
out in the paper as if this body made the decision, or maybe we don’t make that decision,
if we don’t, if it don’t come from this body, than I’ll apologize. But those things that
were put out in the media and put out on the, in the newspaper and radio and TV, that we
have decided to do that. We talked about the music on the river. People were sitting
waiting and, and, enjoying something to do in Augusta. And we try to find a reason not
to do things rather than find a reason to do things. Every other city, uh even down in
Tipton, I think, uh, the director said he was going to be going for some training. That’s
something to do. In Augusta we try to find a way not to do things and I’m really
disappointed as the decision was made without a least coming to this body and say, this is
15
what we’re looking at, this is what, this is what’s going on. We go too many chiefs, and
not enough Indians. Everybody wants to be in charge. Everybody wants to call the shots
Mr. Mayor. So am too disappointed. You mentioned about taking this to committee but
I think this needs to be handled on the floor. I think those people who are getting those
funds from this government to do some things we asked them to do, are not doing them
and they ought not be getting the funds. It’s time out Mr. Mayor for putting it on the
backs of the taxpayers. Now you talk about private businesses and I think that good
when a private business wants to donate, but you talking about the general public that
you’re gonna be dealing with. You’re not just talking about business you’re gonna be
dealing with downtown and the businesses ran it, put up the money, if, if, if, you pay, if
you pay the money than you ought to be getting the honey. You, you ought to be able to
call the shots. And, and, I don’t think we ought to sit back as a city and not be a part of
that and the decision factor making those decisions as to what happens and what don’t
happen in Augusta. People are here today to support an event, that we trying to do.
People are begging this city to do some things, openly, up front and above board. And
we continue to find a way not to do ‘em Mr. Mayor. And, I don’t know how, when it’s
gonna stop. I just know it needs to stop. We need to do those things that are gonna bring
people to Augusta for people bring money. Money don’t bring people, people bring
money and they spend it Mr. Mayor, so we need to start doing those things, so I’m like
you Mr. Cheek, I’d like to hear why that decision was made and why wasn’t it not talked
about in every vessage whether it be the Advisory Board or whatever board. Somebody
else should’ve been included and not just, just decide what we gonna do or what not do as
city.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, I’m gonna take my second time and I’m gonna try to
keep it to two minutes. But, um—
Mr. Mayor: I’m timing you!
Mr. Cheek: Okay. Um, we have Mr. Owens here who is our watchdog
representative on DDA. Um, if he could come up I just have a couple questions for him
and maybe get him to elaborate on this. Mr. Owens, was this ever discussed in an open
DDA meeting that you know of?
Mr. Mayor: Mr. Owens could you please state your name and address for the
record?
Mr. Owens: Brad Owens, 221 Eighth Street. Commissioner Cheek, as far as I
know, and I’ve been at every meeting except one, which was the past one and uh, this
past month, it was not discussed and I was told by the executive director that it was not
brought before the board and that it would not be brought before the DDA board for a
decision.
16
Mr. Cheek: Was this brought before the Citizens Advisory Panel that we
empowered to oversee the central business district of the city?
Mr. Owens: Uh, no it was not. I’m a sitting member of the Downtown Advisory
Panel and uh, we haven’t had a called meeting to discuss anything since the new uh, the
new director’s taken office.
Mr. Cheek: Uh, Mr. Mayor, I want to submit for the record, we had a workshop
over at the Old Governors House and that day I made the statement that we were going to
see a movement to do away with Main Street who is the business or was at one time the
business entity that coordinated the functions of businesses raising money and conducting
these types of events. Um, that has now been done away with and now we’re doing away
with First Friday which I think I mentioned at the time would be next. Um, my concern
is while it’s nice to have public contributions, while it’s nice to have the private sector,
uh, contributing just like you would any other merchant’s association to an entity, you
have to have a controlling entity which that was tasked to DDA and they’ve now shed
um, now shed Main Street and now they’re trying to shed First Friday. Um, this snap
decision, by a group that’s taken how many years to do a traffic study and implement a
plan, uh, is something that concerns me, one, and two, again it’s the wrong direction this
city needs to go. I seriously question both the motives and the outcome of this. To have
this haphazardly thrown in the laps of a few volunteers and not have a controlling entity
that reports to work on a daily basis to make sure the vendors are in the right places, the
power supply, security is in the right places, the streets are closed. It’s not management,
that’s chaos and that’s exactly where we’re headed with this, and Mr. Mayor our fronts
downtown and our Riverwalk events have done a wonderful job and it’s time that we
came up with a central planning entity for scheduling events and so forth in this city. Uh,
if they can’t handle it than we need to de-fund that portion of DDA and hand it over and
allow uh, uh, the Arts Council or someone else to run it because they dropped the ball.
Mr. Mayor: OK. Commissioner Hatney.
Mr. Hatney: Two, I had two thoughts. One is I’d like to, when this Commissioner
Cheek said Mr. Owens was a watchdog for the Commission, I wonder what my,---
the other thing, can’t we reverse this?
Mr. Mayor: Can we reverse the DDA not funding First Friday? Mr. Shepard, they
are a separate entity are they not?
Mr. Hatney: Just reverse it until a there’s meeting of the minds.
Mr. Mayor: Mr. Shepard.
Mr. Shepard: A suggestion, you might want to have them show cause up here
why they would want to continue this policy with the indication you can have a funding
effect on them. In essence, yes, have them up here and make them aware that this body is
pleased or displeased with what they’re doing.
17
Mr. Mayor: Okay. Commissioner Hatney.
Could I make a motion that we do as the Attorney instructed
Mr. Hatney:
with in and have them come and express why this is being done in this situation and
then move forward?
Mr. Mayor: Okay, we have a motion from Rev. Hatney. Is there a second to that
motion?
Mr. Williams: Mr. Mayor, I got a motion I’d like to make here.
Mr. Mayor: Commissioner Williams.
Mr. Brigham: I’ll second Dr. Hatney’s motion.
Mr. Mayor: Okay.
My motion is to send this to Committee and bring the DDA in
Mr. Williams:
and look at revamping that organization when we look at the Committee versus
than looking at just what the decision they made.
I think we need to at that board
themselves, versus uh, just looking at the decision they made.
Mr. Mayor: Is that a substitute motion?
Mr. Williams: Substitute motion.
Mr. Cheek: I’m gonna second that but I’ve got a comment, Mr. Mayor.
Mr. Mayor: Okay. Mr. Cheek, actually I’ve recognized you twice.
Mr. Cheek: Actually that was a general discussion, this is on the issue of the
motion.
Mr. Mayor: Point of personal privilege.
Mr. Cheek: Actually this is discussion of a motion not general discussion of the
issue.
Mr. Mayor: Okay.
Mr. Cheek: Is that correct Mr. Parliamentary?
Mr. Shepard: I would think so, sir. It’s on the motion.
18
Mr. Cheek: His college wasn’t wasted anyway. What I want to say, Mr. Mayor,
is that the DDA is a separate authority appointed by the State. We have no jurisdiction
over them, however we do have jurisdiction over those funds. I wish that a substitute
motion would be made because we’re gonna miss November which is usually a good
month, uh, with good weather for First Friday. If we drag this through committees and
everything else uh, with election season and a lot of other things that are going on. What
I’d like to do is uh, if I had the chance to make a substitute motion or the original motion
was to suggest that we remove these funds from DDA uh, the equivalent funds for the
Main Street activities which is uh, around $25-35,000.00, and have that go to either the
Downtown Advisory Board or the Arts Council or some other group and ask them to take
over the running of the downtown events to make sure that we have the activities ongoing
and growing just like Arts in Heart did.
Mr. Williams: I made my motion Mr. Mayor to conflict those uh,---
Mr. Mayor: To incorporate?
Mr. Williams: To incorporate those, those uh---
Mr. Mayor: Okay, Madam Clerk: Could you please read---
Mr. Williams: ---refected is what I’m trying to say.
Reflect those comments I made.
Mr. Mayor: Could you please read back the substitute motion? Were you
linguistics major in college?
The Clerk: Mr. Williams substitute motion was to bring DDA to the meeting and
the second portion of that, to revamp the Authority and to incorporate to de-fund them
before for First Friday and applied those funds to the Arts Council---
Mr. Cheek: And ask them to run it---
Mr. Mayor: Okay, we have a substitute motion on the floor, and further
discussion? Commissioner Brigham.
Mr. Brigham: Mr. Mayor: I think it would be appropriate first and foremost,
before we do anything, is to get the DDA over here, hear from them. I think that, I agree
with what everybody wants to do. I don’t think nobody wants to do away with First
Friday. But, I think until we can really get to the crux of the matter, I think, really what
we need to do is get ‘em over here and help, have them explain to us what’s going on.
Mr. Mayor: And, I agree, and we do not have the Executive Director here today
so there are two sides to every story, Commissioner Cheek I’ve recognized you, I’m
sorry.
19
Mr. Cheek: This is the second time on this issue, Mr. Mayor---
Mr. Mayor: Mr. Cheek
Mr. Cheek: I’m just gonna say, and uh, Mr. Holland can support this. I believe at
the workshop they reminded us, we have no jurisdiction over them and they can do what
they want to. If you want---
Mr. Holland: That’s exactly what they’re saying
Mr. Cheek: ---if you want to look at the sidewalk across the street and then go
look at the rest of them, like the one that wasn’t paved earlier, the decision making
process involved there, they are thumbing their nose at us.
Mr. Mayor: Okay, we have a substitute motion on the floor. Commissioners will
now vote by the substitute sign.
Ms. Beard, Mr. Brigham, Dr. Hatney, Mr. Smith, Mr. Bowles, Mr. Grantham vote
No.
Motion fails 3-6.
Mr. Mayor. Okay, the original motion---
The Clerk: Was to have DDA come before the Commission and show cause.
Mr. Mayor: To come before a committee, first, before the Commission. That was
your motion, Rev. Hatney?
Mr. Hatney: (Unintelligible).
Mr. Williams: If it come before Committee, is that gonna impact First Friday,
when or what, I mean I just need to know, if that’s not gonna impact---
Mr. Cheek: Once a motion’s made---
Mr. Mayor: Well, actually Mr. Shepard, we got one more meeting prior to First
Friday in November so a decision could be made prior to, correct? We’ve got a meeting,
we got another Commission meeting prior to November, the First Friday. Okay, so yes,
we do have time. Okay, Commissioners will now vote by the usual sign.
Mr. Cheek: Point of Parliamentary procedure. Once a motion is made and
seconded, doesn’t it become the property of the body and therefore requires a unanimous
consent to be altered?
Mr. Shepard: It does, Mr. Cheek.
20
Mr. Mayor: Okay, then we won’t uh---
Mr. Hatney: Then we won’t alter it?
Mr. Mayor: --- then we won’t alter it and the Downtown Development Authority
will come before the Commission at the next meeting.
Mr. Cheek: Well, they’ve already said on public record they don’t wanna do it
anyway so---
Motion carries 9-0.
Mr. Mayor: Alrighty. Lets’ address Agenda Item 7 which was pulled for
discussion.
PUBLIC SERVICES
7. Motion to approve an Ordinance to amend Augusta-Richmond County Code
Section 6-7 Vehicles or Hire-Taxicabs so as to define taxi cab seating capacity, to
define vehicle identification requirements, to define taxicab identity light
requirement, and to define telephone directory listing requirement. (Approved by
Public Services Committee September 25, 2006)
Mr. Holland: Mr. Mayor I asked for this agenda to be, this item.
Mr. Mayor: Please wait, Commissioner Holland.
Mr. Holland: Thank you, I’m glad you remembered my name. I asked for this
item to be pulled on the agenda, not because I don’t disagree with it, but simply because I
feel like it needs to go back before the sub-committee because after listening to all of the
taxi cab drivers, I am very much concerned, simply because there a number of businesses
coming into Augusta, a number of taxicab business is coming to Augusta and I’m
concerned about the rules for all of the cabs. And, I want to make sure that all of the cab
And this is one of my, this is
drivers, all of the taxi drivers out there are treated fairly.
my main reason for asking, for pulling this and asking for this to go back before the
sub-committee so they entail, sit down and discuss all of the rules and regulations so
all of the cab drivers will understand and know exactly what rules and regulations
they will be going by, and that no cab driver, no taxi cab business will uh, have an
advantage over the other.
Mr. Mayor: Mr.---
Mr. Holland: Do I need to put that to a motion?
Mr. Mayor: Is that in the form of a motion?
Mr. Holland: Yes it is.
21
Mr. Williams: I want to hear from Rob---
Mr. Mayor: We have a motion and a second. Commissioner Williams.
Mr. Williams: Mr. Shepard, what would it do Rob, Mr. Holland asked about
reinstating the sub-committee but, what would this do, if we go ahead and do this and
then look at the sub-committee? What, what, what is this doing?
Mr. Mayor: Mr. Sherman.
Mr. Sherman: What’s before you today is again, it goes back to 2003, it was,
what was approved at that time and I failed to get an amended ordinance to you after
there was some cutting and pasting to it. Um, what we discussed in the Committee
meeting the other day, I think everyone was in agreement with, after we heard from the
taxi driver’s that were present, asking us to delete the ten-minute wait time, um that has
been deleted. The other items that were in the, that are in the ordinance I believe that
they’re in agreement with. Um, they stated they were in agreement with. Um, we could
still, um I mean, I would like you to go ahead and approve this and we could still go back
to the sub-committee and readdress, you know other issues with the ordinance, if that’s
what you’d like to do.
Mr. Grantham: Mr. Mayor.
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Thank you Mr. Mayor. In light of the fact that this was under the
th
Public Service Committee at our committee meeting of September 25, the main issue
that was involved was that ten minute wait, uh, that Mr. Sherman just eluded to, and I felt
like that we gave all of the driver’s that day in the room, uh, you know ample time and
reason to discuss those. Uh, and of course, Mr. Williams, you were in there as well as
some of the others, and I didn’t hear of any major issues that came up. However, if there
are any right there and I certainly don’t mind that coming back through that sub-
committee and let us discuss any major issues that are involved, but in order to move
I think we should go ahead and pass it for these driver’s
forward with this ordinance,
now so that they know exactly what they’re dealing with, and if there are future
things we need to be working on we can do that without putting a road block in
front of all of them.
Mr. Mayor: Are you putting that in the form of a motion?
Mr. Grantham: I’m gonna put that in the form of a motion that we do that.
Mr. Mayor: Substitute motion.
Mr. Grantham: Yes, sir.
22
Second.
Mr. Smith:
Mr. Williams: Is that re-enacting the sub-committee to look at---
Mr. Mayor: Commissioner Williams.
Mr. Williams: ---approving this and re-enact the sub-committee to look, cause
they have some issues what the taxi cab drivers got to pay the mall, to go up there and
park, which is a private entity. They got to pay to go on Fort Gordon. They got to pay to
go onto the airport. There’s some things we still need to look at I think, Rob, in there.
So, I can, I can agree with approving this, to re-enact the sub-committee, Commissioner
Grantham, and, and, start to look at some of those things---
Mr. Grantham: And, I think that’s the way to approach it. At least they’ll have
some guidelines to be working under while we’re going back to look at those things.
Mr. Williams: And think we getting the same things Commissioner Holland was
asking about.
Mr. Holland: Exactly. I don’t have a problem with it. My concern is to make
sure that all of them are treated fairly.
Mr. Grantham: Treated right.
Mr. Mayor: We have a substitute motion and a second. Is there any further
discussion? Commissioner Brigham.
Mr. Brigham: Are we also waiving the second reading:
Mr. Grantham: I would like to ask that, yes.
Mr. Mayor: Yes, we are. Okay, we have a substitute motion and a second. Any
further discussion? Commissioners will now vote by the substitute sign.
Mr. Williams: Mr. Mayor.
Motion carries 9-0.
Mr. Mayor: Commissioner Williams.
Mr. Williams: We got quite a few people here for Item, I think 23, and um, we
don’t wanna keep them here to go along with all the other stuff we have to do here. We
need to go ahead and address that item.
23
Mr. Mayor: OK. If everybody will agree to behave, I’ll address #23 next. Let’s
go to 23.
The Clerk:
OTHER BUSINESS
23. Presentation of the race track study. (Requested by the Administrator)
Mr. Mayor: This includes you, Mr. Cheek.
Mr. Cheek: Mr. Mayor, just because I have a superior knowledge of the rules of
Parliamentary -----
Mr. Mayor: (LAUGHING) Item #23.
Mr. Williams: Mr. Russell, is he here?
Mr. Mayor: He just left the room. Mr. Russell, that’s a big box you’re carrying.
Mr. Grantham: Probably got a knocked-down racecar in there.
Mr. Mayor: I thought you were bringing some lug nuts and---
Mr. Mayor: Mr. Russell.
Mr. Russell: You need to hold one and I need to hold an extra. For those of you
who are interested, we do have some copies available. We are gonna put this on the web
for those of you who might have access to a computer. You’ll be able to grab this off the
web tomorrow for those of you who aren’t able to get a hard copy today. Once again I
apologize for not being in the room. I wanted to get some information for us here. Um,
at the beginning of the year you tasked me to put together an RFP, to bring in a
professional consultant with experience in racetrack management, development, site
location and economic impact, together to meet with us and meet with people in our
jurisdiction, in reference to the establishment of a potential professional level drag strip
here in Augusta. Uh, we did that. We’ve already flown him here out of Chicago, who
has a great deal of experience in these areas. Uh, they spent several weeks with us, uh
several months looking at the opportunity here. Uh, just today I received the final draft
of their report. I’ve had conversation with them over the last several weeks as we’ve
looked at this, and the bottom line is, that it seems to be an economically feasible
function for Augusta. Uh, what we would look at is a potential for a public, private
partner ship, as we talked about in the past. And I would think that um, if you look at the
numbers, and I know you’re looking at them for the first time, the fiscal impact is in the
millions and millions of dollars, jobs are at approximately 300 or so total, over all, full
time equivalence after the building of the track itself. Um, so it looks like a positive
venture if we found the right partner. As in most cases it’s not all roses. There are issued
there that need to be addressed, location being the most important of those locations as
24
we’ve talked about on numerous occasions. Uh, the site that we looked at was the
industrial development site. There are potentially other sites in the city that we do not
have control over and they were not really considered since we did not have enough
funding for uh, and acquisition at this particular point in time. Um, noise is an issue for
those people living in that. It’s been my warning over the last couple of months, this
job’s taught me a whole lot more about lots of things than I ever thought it would. I
know more about sewers, landfills and now racetracks than I ever thought I’d even want
to know about. But it is my understanding now that given some of the new developments
in sound abatement, some of the new walls and some of the other things that are being
created, the noise is probably not the issue. It might have been several months or several
years ago in these kinds of facilities. So that’s a hurdle but a hurdle that can be breached
as can location. The bottom line at this particular point of time, ladies and gentlemen, is
that you got information in front of you that shows that this may well be an economically
feasible venture for us to join into as a joint partnership with one or more private
investors to continue to move forward. Uh, the impact is obviously important to us, now
only in the jobs created, the tax money created, the opportunity for the gate receipts that
will be created and the use of the land itself that has now sat idled for a long time
basically. The questions that you have to face are, those once again location, noise and
neighborhood. That’s a tough decision that you end up having to make on regular
occasions with everything that we do. Uh, and that’s pretty much where you go there.
Uh, the report is lengthy. The executive summary at the end talks about money, talks
about jobs which is probably the most important thing. It does talk a lot about the
industry itself. Uh, just to read the report is an education in stock and drag strip cars that
I’ve learned about here. Um and um, pretty much that’s what we’ve got. With your
further acknowledgement we will be more than happy to bring the consultants to talk at
some length and some detail if that’s the direction you’d like to go in. Um, I’m waiting
for the next steps being whatever they may be.
Mr. Williams: Mr. Mayor?
Mr. Mayor: Commissioner Williams.
Mr. Williams: Yes, Mr. Russell. What’s the economic impact you’re talking
about, you said millions of dollars. Can you give us uh, in figures, Mr. Russell?
Mr. Russell: Yes, sir, if you look at the back um, several pages there. With
vendor spending, summary of visitor spending, visitor room nights and so. Bottom line is
approximately about $30M a year, is what they’re looking at.
Mr. Holland: Mr. Mayor.
Mr. Williams: I’d like to continue to continue.
Mr. Mayor: Commissioner Williams.
25
Mr. Williams: Um, we had an opportunity years ago, in the early 60’s, when a
couple of fella’s, I’m looking out there was drag racing out on Windsor Spring Road, the
old race track. We had a round track facility out there as well. And, uh, had we stuck to
that we possibly could be even bigger, even greater than Charlotte has ever been when it
comes to cars, um, Mr. Mayor. We know that there was some concerns about the noise.
We went out, we did a sound test uh, uh, that was proven not to be a factor. The trucks on
the highway registered more than the cars that was supposed to have been revved at that
time. Uh, we, we don’t impact any neighbors, we don’t wanna put any negative situation
on any person, in, in this community. Uh, on this 1700 acres of land I’m sure we’re
going to go in to the land at least a quarter of a mile if not a mile deep into it to build the
facility because you wouldn’t want it right on the road where traffic’s got to get off the
road into the gate. So the gates gotta be off the road. Uh, that’s gonna put us even
further away. Uh, this is an opportunity. We asked for two dollars out of every ticket
sold to come back to the city government. That does not come to $30M economic dollars
that gonna come to the area, this is another amount that will come to this government
because in that stipulation, we put that in, Mr. Mayor, to make sure we try to alleviate
the, the burden that’s been on the tax payers. This is another opportunity for us to do
something. Uh, I’m just, I’m just hoping this body see that uh, in order for folks to come
to your city and stay and live you gotta give them choices. We shouldn’t plan on
someone else uh, but, for what we wanna have, Mr. Mayor, but I think this is a win, win
situation. I thank Mr. Russell for the work he’s done along with the group who did the
study. We spent $25,000.00 to do this study, our tax- payer’s money. And, I’m hoping
that money is not been just spent and going out the window. I hoping that we’re going
utilize this study, take, take advantage of it and build a facility that next years at this time,
we ought to be able to see the revenue from it. Mr. Mayor, my last comment we gotta a
bunch of people here today who took time out of their busy schedule to come down to
support this who know what kind of money can be brought in to, to this development.
For those who don’t understand, uh, uh, Commissioner Holland and I went to the races
on this past Thursday. There are homes less than a block away where you can stand in
the driveway and see the gate at the racetrack and, and, and there’s no noise back---I
really want to stress that. There’s several homes, not just one. There’s gotta be at least
ten, if, if, if not more right in that same vicinity. In fact, right across the street, there’s a
home. I wanna recognize the people here Mr. Mayor. I don’t want them to come and
then not be---
Mr. Mayor: Can anybody here that’s in support of this, please, raise your hand.
You got a good count. Can I also get hand shown by those who are there to oppose this?
Okay, I recognize some more Commissioners but one thing I would say is that we’re in a
similar situation with the TEA Center where we’ve had a study done and we’re reviewing
it. And yeah, I think this is something we need to thoroughly review. This is a very thick
document that I’ve just, in which, today is the first time I’ve seen it. So I would just
make that comment. Commissioner Holland.
Mr. Holland: Thank you Mr. Mayor. Mr. Mayor, I had an opportunity like
Commissioner Williams said, he almost ---a speech ---But, I had an opportunity to go
over to the race track last Thursday night and observe the races over there. And I just
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thought about the different things we have in Augusta. We have the Futurity here. We
have the Masters here. We have the boat races here. So that’s, in a, you know a
colloquial language, that’s different strokes for different folks. Everybody, you know
have different things that they wanna do. But, what I was so impressed about over at that
racetrack was the fact that, that how everybody over there, how they got along. How
they worked together. How everybody was helping each other. The only color they were
worried about over there was green. And I think that’s the only color we need to worry
about over here, simply because we need it, bad. Now I’ve had an opportunity to go to
Eatonton to see the racetrack there, the same thing happened. Right outside of
Jacksonville, my hometown, the same thing happened. Darlington, the same thing
happened. It is high time for Augusta to come outside of this box and start doing some
things that’s gonna be progressive for this city. We’re talking about the tax base, but then
we need to bring in the kind of revenues like that, that’s gonna enhance our tax base. We
need to stop thinking about what it’s going to do to alienate people. It’s not going to
alienate anybody. As we were driving up, we were at the racetrack before I knew it.
Didn’t hear one car. Didn’t hear one motor. And the noise they make at that racetrack,
you should be able to hear it from there all the way to the end of the road, to Jackson
road. I did not hear anything like that. So, my concern is about these people who have
invested in these cars, who want this racetrack over here in Augusta, who wanna bring
funds here to Augusta to help Augusta grow, to utilize our airport to utilize our buses,
to utilize all the venues that we have here in order to bring funds into this city. So we’ve
got to start thinking outside of the box and do things in this city so this city will start
growing. And I definitely believe that this study, that this racetrack, if it is placed here in
Augusta, in a nice place, that it is going to grow and we’ll have people coming from all
over the world to this place, spending money and helping us out in this city and we won’t
be in a deficit like we’re now.
Mr. Mayor: And you had an opportunity to thoroughly review the document.
Have you read---
Mr. Holland: No I haven’t. I just got it just like you did.
Mr. Mayor: Commissioner Cheek:
Mr. Cheek: Thank you Mr. Mayor. Um, we’ve waited since I think the due date
th
on this is January 30, um, for something we’ve seen in other cities be greatly successful.
Orangeburg just dropped about $3M bucks or more in that and were heralded in the
Charlotte Observer for their entrepreneurial spirit in the um, potential revenue generator
they had created and they did it right. If we do this, we need to do it right. But I’m
gonna get, I guess get down to cases here. From a nuts and bolts perspective, how long
do we want to wait and delay to review this. What administrative steps are necessary to
secure permitting for the property from the development authority, um, any potential
revenue anticipation bonding, uh, and the construction time, are we gonna send out for an
RFP? We need a set of steps that we need to go through and establish a timetable like we
talked about construction projects and everything else. But the bottom line is, is, this is
successful in other places. We can study this but the executive summary says it all, this
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is a money maker. It is an additional leg to support our local economy. We can kick it
around, delay, deny and defer another month or however long but we need to go ahead
and vote on the concept and, and identify the milestones we need to cross, a timetable to
do them and move forward with making this a reality, but between now and the next
season, racing season coming up.
Mr. Smith: Mr. Mayor?
Mr. Mayor: Commissioner Smith.
Mr. Smith: Thank you, sir. Uh, first I have several things I’d like to mention.
The supporters that are here, I would be concerned about their I.D., where they live, what
county they live in, how close they live to the proposed racetrack. That would be would
be, that would very interesting to me. Um, the residences back there, some 1500 homes,
which are just around this area, are very concerned about this. Uh, people have been
raised out there, they’ve lived there seventy-five years and they don’t want this in their
community. Highway 56 out there is actually a cemetery, there’s cross’s all up and down
the sides of the road, where fatalities have been. With the plant Vogtle expansion at hand,
I think it would be ludicrous to even think about that kind of traffic out there and who
would move into the rest of this 1700 acres with a drag strip in the middle of it?
Mr. Mayor: One question that I have for Mr. Shepard. Mr. Shepard, am I correct
in that the Development Authority owns the property, holds the simple title or is that not
correct, who is the owner of the property?
Mr. Shepard: The Development Authority, that’s correct, Richmond County.
The Development Authority is the owner of the property.
Mr. Williams: No, sir, I beg to differ with my Attorney. The Development
Authority does not own it. They may be overseeing it. It’s owned by the city. That’s the
old Kimberley Clarke property we’re talking about. They don’t own anything out there.
The property belongs to the City. And I think, you might need to check your records.
I’m been wrong a couple times this week, but this is one I’m sure Mr. Attorney. We, we
talked about this Mr. Mayor, several times, so I’m, I’m almost positive that The
Development does oversee that property, it’s under The Development Authority. But that
is old Kimberley Clarke property that was deeded to the city, that we was gonna make a,
twenty years ago it was gonna be an industrial park, which we hadn’t done anything with
yet. It’s been just been sitting there doing nothing all this time. So, it’s not owned by
The Development Authority, Mr. Russell can address that issue if he needs to cause he’s
already talked to Mr. Sprouse about it to even make a swap of the land, that they could
use to bring the development in. They want to put up some box, type buildings that they
can store stuff in for, for the development.
Mr. Mayor: Mr. Russell.
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Mr. Russell: Obviously we had some conversations with the Development
Authority. They have some interest in other properties that the City owns and would be
more than, at the time we talked we were interested in the potential of swapping some
potential land there. I think that, while they may have title to the land, and I can’t speak
specifically to that, and I apologize for that, uh, obviously we do control, um the
opportunity there. I’m sure that as we control their budget strings, they’d be more than
willing to talk to us as we deal with that particular area.
Mr. Mayor: Commissioner Williams, I believe I’ve recognized you twice.
Mr. Williams: Yes, sir, Mr. Mayor I’m waiting on a motion so (unintelligible)
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: Mr. Administrator, if I’m remembering correctly, I believe you were
asked to select more than one site.
Mr. Shepard: We were unable to find any other site that we had a potential
control over, that uh, was suitable. It was amazing to me how hard it was to put a one
mile strip on a piece of land there, without running over into other areas. Uh, this is the
only suitable site that we have the potential to control, that um, we looked. There might
be some private sector land available. Uh, but without any funding source, without any
direction, without any ability to control that property, this was the best shot that we had,
sir.
Mr. Grantham: Mr. Mayor?
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Uh, to follow up on that question, Mr. Mayor, from Rev. Hatney.
Even though there may be some land that’s not controlled by the government, I would to
at least see the options that we might have. I think, several people have discussed, you
know, the potential and what you have here in this report and we all see that potential.
But, there would be a, a, clearer picture to me if I had an option to look at possibly it
should be located or could be located based on additional land. And, even if we had to,
to do some bonding of some sort with a private public partnership in order to get a
location to have a different location than what we’re talking about right now. So, I think
that there’s some, there’s still some due diligence in this and the concept, the idea and I
think even the study, you know can prove the profitability behind it. But, to me the
location seems to be the most serious matter that we have right now and that we’ve had in
quite some time. So, I’m of the opinion to let’s make one giant step forward and find a
couple locations that could house this facility, even if we have to buy that property, even
if we have to a private public partnership going and bond the facility such as we have
done on other facilities that we’ve been involved in. So I think that would be certainly
something we need to look at. At least that option is there for us. Thank you.
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Mr. Mayor. Okay. Commissioner Hatney.
Mr. Hatney: The individual’s that’s concerned with the noise, I think even with
the boat races going on and those persons that live near the river from Gordon Acres all
the way to the river going to South Carolina, when they fire them boat you ain’t heard no
noise. But you need to make the adjustment, the minimal adjustment cause it happens
every year. I mean, the noise thing, my concern is to make sure we utilizing those 1700
acres—--on these properties and I don’t think there’s anything wrong with that. That’s
why I asked---cause I thought we asked you to bring a least two, at least two or three
sites, that’s why I’m raising these questions. I’m not against the racetrack at all---My
question was that I thought we asked you to find, whether we controlled that land or not,
was not the question, was not if, was if it would fit somewhere else.
Mr. Shepard: There’s at least one other potential site that we do not have control
over, that we’ve had some conversation about, that would require a fiscal outlay of our
dollars basically, Uh, that’s always a potential and with direction I would love to able to
continue the dialog or begin and continue the dialog with the potential owners of that site.
I would hesitant to put that in the public venue at this particular point in time because of,
as soon as I do the price is gonna go back up again. Uh, and that’s the way that goes, but
um, we have, we did have conversations with several other people but I couldn’t get close
to, to making that happen in those particular locations.
Mr. Mayor: Okay, I’m, I was just looking. I’ll get to you in a second
Commissioner Cheek. Commission Williams I think I’ve gotten to you twice on this. I
would look for some sort of a motion for a ---authority to charge the Administrator with
continuing to bring, to bring back a couple more seats, uh sites, but I don’t think
anybody’s ready to vote on final approval at this point. Commissioner Cheek:
: The
Mr. CheekI’ll make a motion and than, I do have a comment Mr. Mayor.
motion would be to authorize the Administrator to move forward, um with one,
identifying alternative sites, two, to develop a road map with milestones for um, for
financing, construction and so forth um, and that occur in under a month.
We’ve
waited on this for six months and I think that having GIS an excess ability to block some
land that we can look up on the computer in a matter of a couple of minutes, I think we
can do.
Mr. Mayor: Would you basically say a final package to be voted on by the end of
calendar year 2006?
Mr. Bowles: Rome wasn’t built in a day.
Mr. Williams: This ain’t Rome, this ain’t Rome.
Mr. Cheek: Rome was built in fact and was a prosperous city, it had a tax base
rd
and jobs so, Mr. Mayor I would say by end of, end of, what is this the 3 day of October,
the end of October.
30
:
Mr. WilliamsI second that.
Mr. Cheek: We have a motion and a second,---this discussion Mr. Mayor, but I’m
gonna make this observation for all the members of this Commission. Cause we have
half the group sitting here today that can’t figure out or questions why we can’t move
forward with building the, the uh, convention center down here because it, it, the other
half doesn’t agree. We get the other half of the Commission that says why in the world
can’t we build a drag strip on this site that we don’t have to level, that is flat which will
save millions of dollars, that we already have control of. It’s big enough to grow the
thing. These are two issues that make good common sense and if we could just come
together we could solve the solve the convention center and the drag strip issue and
create economic prosperity for both areas of this City. Highway 56 is never gonna have
less traffic. Thank God they’re gonna build another nuclear energy source down there
too. This generation of growth, which if we do it like the, like the Augusta National has
been done, do it right. Poor Joe has to listen to the screams and claps over there. I know
that just destroys you about once a year doesn’t it? I mean things are changing.
Augusta’s growing, we’ve gotta grow our local economy Mr. Mayor. We have a way of
to develop a full-fledged convention center in one location and complete something we
started. We have a way to add another leg to our economic um, table basically, to prop
this City up and grow it in an area that has been economically depressed except for home
growth. Thank God, if you go back and look at what they did out in Colorado. When
Denver built their airport they had the need for a new airport, they went out and took a
lowly populated land and built a major airport and now it’s an economic hub for that
area. But they had to go displace a few people, and build a new airport, and improve
their city. We’re trying to do the same thing. Ladies and gentlemen, we kick around too
many things and if we could just both look at the situation we face with this convention
center and with this drag strip and see that they are both in the best interest to the city,
and forward with them, this city would be better off and them we could deal with the
budget and other items.
Mr. Mayor. Okay, we have a motion and a second. Commissioner Hatney:
Mr. Hatney: One question. Has the concept been adopted by the board.
Mr. Williams: Yes, yes sir it has.
Mr. Mayor: Mr. Administrator has the concept in fact been adopted?
Mr. Shepard: I don’t think there’s ever been any discussion or any other
conclusion that this is something we should look at. I don’t know if there’s been, and I’d
have to ask Lena to help me on that, when you adopted the opportunity to do the study,
uh the concept with doing that is, is, where I was---
Mr. Williams: Concept? What is that?
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Mr. Shepard: ---that’s where I was riding on, that basically is when you did the
study you developed the concept that, that this is something we ought to look at.
Mr. Mayor: Okay, we have a motion and a second.
Mr. William: Yes sir, just in time.
Mr. Mayor: And, on the motion, and you need to be recognized by the chair, Mr.
Williams.
Mr. Williams: I appreciate it.
Mr. Mayor: I recognize you.
Mr. Williams: Okay, well, you say I need to be recognized. I’m waiting to be
recognized. But, uh, let’s go back to the basic, the concept, when we brought this in, to
go ahead and do this study. That’s why we did the study. Speaking of the study, we
done spent $25,000.00, which I thought was ludicrous Mr. Smith, to spend that. You
ought to be able to go across the bridge and see that it was worth building. But since we
spent $25,000.00, Dr. Hatney said that you make an adjustment. It’s not gonna be ah, ah,
a noise problem with the community like they think. I understand they ought to think
that cause when you hear about drag strip, you’ve always got the negative side of it, you
always thought it was kids in the street. These are grown, intelligent businessmen. These
are professionals. These are people that do it every week and sometime everyday if they
get the opportunity. But we need to understand, just because we don’t it, that don’t mean
it’s bad, that it’s wrong. Mr. Mayor, as the Mayor of this city who wants to help with the
tax base, who’s gonna have to do one of two things this, this, November is to cut services
or raise taxes. If you don’t wanna raise taxes we ought to be letting the general public
know we’re trying to do something different to bring tax money in. Now if we don’t do
this, that’s telling the citizens of Augusta-Richmond County that we gonna raise your
taxes cause you can’t cut out all of those things that the Administrator don’t put on the
table. It’s just not feasible. You won’t have no peace in this community if you cut all of
those things out. But if you don’t have no money, you’re gonna have to do that, or
you’re either gonna raise taxes. Now if we’re not gonna continue to raise taxes, we could
but I don’t see how, she called me wanting to know about the roll back. We rolled back
the taxes last year. I, I, disagree with that. We had the tax base up but we still rolled
them back. Now you’re either gonna have money to work with in this community to get
things done or you’re not gonna get anything done. It’s just as simple as that. So, my
point Mr. Mayor, and I’m closing right now, we got an opportunity now to make a
difference in Augusta, to bring some revenue into Augusta, not to inflict anything on the
community, they need to understand. They, they, the people fought the transition center,
they went to Savannah, Georgia to look at one and find out it wasn’t what they thought it
was. This is a different day. This is 2006. They got different cars, these ain’t just
mufflers on old Chevrolets. These are professional racecars that we got out there. So I
just think---
32
Mr. Mayor: Okay. We have a motion and a second. Commissioners will now
vote by the usual sign.
Mr. Grantham: Can you read the motion again Mr. Mayor?
Mr. Mayor: Madam Clerk:
The Clerk: The motion was to authorize the Administrator to move forward with
one alternative site and to develop a road map and milestone for financing the project and
a timeline the end of October.
Mr. Mayor: Commissioners will now vote by the usual sign.
Mr. Brigham, Mr. Grantham, and Mr. Smith vote No.
Motion carries 6-3.
Mr. Williams: Thank ya’ll for coming---
Mr. Mayor: We voted on this, you had said there’d be other opportunities to
speak.
Mr. Speaker: ---this weekend, Thursday, Friday, Saturday, Sunday, Jackson
Dragway, there’s twelve tracks meeting at Jackson Dragway with forty-two races in each
team, racing against each other. There will be over 500 racers this week, starting
Thursday, Friday, Saturday---
Mr. Mayor: Okay.
Mr. Speaker: ---it’s just huge. You need to come on over there and take a look.
Mr. Mayor: Okay. Thank you. Mr. Cheek we voted on this, you---
Mr. Cheek: --- Mr. Mayor:
Mr. Mayor: Mr. Cheek.
Mr. Cheek: It was one of those energy drinks.
Mr. Mayor: Well, then, stop drinkin’ ‘em!
: Mr. Mayor, motion to reconsider Item 22.
Mr. Cheek We have a
representative who will state here that he lives in District 2 that would like to address the
body on this issue. Uh, Item 22, motion to reconsider. I mean a second badly.
Mr. Williams: Second.
33
Mr. Mayor: We have a motion to reconsider Item #22 and there’s a second. Is
there any further discussion? Commissioners will now vote by the usual sign.
Mr. Brigham, Mr. Smith and Mr. Grantham vote No.
Motion carries 6-3.
Mr. Mayor: Mr. Cheek.
Mr. Cheek: I believe, uh, Ms. Frasier, wanted to address as a resident, and
representative and resident of District 4 to address the body.
Mr. Mayor: Okay. Ms. Frazier can you please state your name and address for the
record.
Ms. Frazier: Gloria Frazier, 2717 Willis Foreman Road, Hephzibah, Georgia.
Thank you, Mr. Mayor, and thank you, Commissioners. I, I want to say something, not
as a state rep, I’m not here as a state rep, I’m here as a, um member of District 4. My
district. I am sitting here today in this meeting and I’m not represented. This seat is
empty. Discussions are going on about what is going on in this city. District 4 is a huge
district. We have sent a representative down here from our district to represent us. I am
trying to find out why am I not represented. The people of District 4 are calling me
constantly wanting to know when we will have someone sit in this seat. A rep has been
brought down here, a gentleman that wants to take on this responsibility, taking out of his
daily duties, he has a job, but he has committed to representing us. I would like for the
Commissioners, and the Mayor to, to please reconsider this so that I am represented and
all the people of my District is represented, from this point on until we have our election.
Thank you.
Mr. Mayor: Thank you. Commissioner Grantham.
Mr. Grantham: Mr. Mayor, thank you and I, you know, as far as commenting
about District 4, I, I don’t have any further comments to make other than to say that, as a
Super District Commissioner, then I represent the four districts that elects me in that
Super District Capacity and we have a Super District Commissioner, Reverend Hatney,
who represents District 4 as well as the other districts within his Super District area. So I
don’t feel like that District 4 is without representation when, Mr. Hatney, Rev. Hatney, is
also elected by District 4, in his Super District seat. So, we don’t have the vacancy there
that people might think of as long as he’s sitting in his capacity as the Super District
committee, uh excuse me Commissioner. So, I, I, hope they understand that and I feel
like that’s part of an answer that we need to all be aware of. Sometimes we overlook,
you know, the Super District Commissioner from the standpoint of representing any one
area. Well, I don’t represent just one area, I’m elected by four districts, but I represent
the entire community in the city of Augusta. Thank you.
Mr. Mayor: Commissioner Hatney.
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Mr. Hatney: I’m listening to Commissioner Grantham and I agree with what he’s
been saying but there’s one problem. Super District has one vote. A vote for District 4 is
not active. The vote ain’t active. They need a vote. We don’t have one.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Mr. Mayor, I hadn’t weighed in on this but I am going say this, this
time. To start with, I asked that we, I was first going ask that fill District 4 election
district by a special election. I asked it to be filled in the July primary. The
Commissioners up here chose not to do that. If it had been done, there would already be
someone in District 4 seat. As for this week, I have no information on anybody in my
book, at all. I did not even have a name, I had no information on it, and I am not going to
vote for a person that I do not know, or have know of to fill any kind of public official
position, under any circumstances. That is not a fair, to this entire community. If they’re
involved, I think we know most of the community asked this, if it had been you Ms.
Frasier, I would feel entirely different about this. I do not know Mr. Stevenson. I
wouldn’t know him if he stood up right now. Cause I don’t know if it’s him or somebody
else. And I can’t be expected to vote, to fill a position with somebody I don’t know, I
have no community representation that knows him, I have not been talked to by anybody
on this Commission in favor of appointing this. I don’t think it’s appropriate to do and I
think we ought to just wait until the public elects an official and fills this position. I’d
much rather see it filled, but I also would rather know the individual that’s on, who’s
going to fill it.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you Mr. Mayor. I’m remembering when Mr. Brigham’s
seat was vacant and needed somebody to be appointed. I didn’t know who the person
was either. It wasn’t my job to know them. I trust the people in the district to know
them. Uh, he was brought, he was a citizen and we voted to put him in that seat. When
Mr. Boyles left, and you had no problem with the black Commissioners, none. Now, Ms.
Frazier, you are right, that vote, and that seat is not there, Dr. Hatney can’t do it even
though he represents the Super District. What I’m ashamed of the last time we had to go
through the same scenario when we decided to bring somebody to put in the seat,
everybody got to know ‘em. If he, if he is illegal, then I’m sure somebody’s gonna find
out. They’re gonna bring ‘em in here and drill ‘em. So, we not even gonna worry about
that. But, I’m ashamed of my colleagues who don’t want to put somebody in the seat.
Cause these votes are important. If it wasn’t important, than why did they fill those seats
when they were vacant? That had no problem doing that. So if, if, there’s no problem
with doing it with that one, there shouldn’t be no problem doing this one. I, I, I, really
don’t understand, unless this is a plan. It’s a plan to keep the other vote from happening.
We know important these votes are. Don’t sit around and act like people are crazy.
People ain’t sitting in the back room looking out the window no more. They know
what’s going on. And we need that other person in this position. We brought a person
who’s qualified. If he is illegal Mr. Mayor, I’m sure somebody from the Board of
Elections, somebody from this community gonna challenge him. Let ‘em challenge him.
35
Now I had another nomination. I was gonna nominate Ms. Brown, Ms. Keith Brown.
Keith Brown’s wife wanted the position but after Commissioner had somebody, I said
that’s fine. It don’t matter with me. But why, uh Mr. Brigham got to know the man, or
know of him or know his background. What makes him so special he got to know about
it, or any of us for that matter. Cause if he’s illegal Mr. Mayor, like I said somebody’s
I’m gonna make a motion that we go ahead and nominate
gonna challenge that fact.
the same person that Commissioner Holland had brought forth earlier to fill that
seat until---
Mr. Mayor: His name is?
Mr. Holland: Calvin Stevenson.
Mr. Mayor: Okay.
Mr. Holland: And I second that motion.
Mr. Mayor: Commissioner Bowles.
Mr. Bowles: Mr. Mayor, I’m gonna go back to what I said earlier. I mean if we
want to have a special called meeting later this week to fill this position, but I’m gonna
do my due diligence, go down to the Board of Elections and, and, make sure for myself
before I make a mistake again when I nominate someone who’s not eligible for a seat.
Cause I’m not gonna hear it from the people of Augusta why did you select somebody
who was not eligible. It made us all look like we have no procedures to implement, to
make sure somebody’s qualified to hold the seat. I’m gonna stick to my original position.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, I see in this situation that both parties are right. While
we need to due our due diligence, one of the things this Commission has to recognize is
one of the best ways to heal this city is to recognize is part of this city is requesting
representation of their district. And, people are creatures of a, vision, they, they respond
a lot of ways by what they see. And for those of us that are lower than some others, not
to listen to those representing the minority districts of this city, and following through
with filling this seat after doing our due diligence pretty much says that there is a problem
here. And this is a chance for us to um, create a good perception and get people
represented in this district. Even if it is for a short period of time because as has been
said there’s some very important discussions and decisions to be made and the interim
and I think no one’s asked the Attorney, this may be as simple as a phone call made
downstairs. We could table this motion. Resolve it this day. Ask Miss Bailey, is it out
of order for us to fill this position and then walk away from this. All of us having filled
that seat had shown part of this community that, that while votes are important, them
having representation is as important to me as it is to them.
Mr. Mayor: Ms. Beard.
36
Ms. Beard: Mr. Mayor would it be possible for those with concerns, uh, to uh,
talk with uh, this person at this time or ask questions that they feel need to be answered?
Mr. Mayor: I think that would be appropriate but I think that what they’re
looking for is documentation and I would ---
Mr. Williams: Mr. Mayor you don’t sound good saying that, that documentation
on a man of --- position---
Mr. Mayor: Mr. Williams, I’ve not recognized you, but I believe we need to
move on past this issue.
Mr. Holland: Mr. Mayor?
Mr. Mayor: Commissioner Holland.
Mr. Holland: Let me mention this. You know it’s not easy for a person to alter
their schedule to represent, you know our government. And each one of us sitting up
here has had to alter our schedule in order to represent our different districts. It wasn’t
easy going out there to try and find someone to come in and represent District 4. You
know everybody talks a good game but everybody don’t walk a good game. You know,
we have someone who has spent years, has retired out of the military, has served this
country, has raised his children in the city. Has paid his taxes, has done his just due and
now he’s coming forward, to alter his job out at Fort Gordon, to come here and represent
his district for three or four weeks if it’s that long and that particular district needs that
representation. Everybody didn’t know me. When I ran for an office I didn’t know
everybody that’s up here now. When you ran for an office I didn’t know everything
about you. So if you wanna know something about this man and if you think this man is
living somewhere where he’s not supposed to be living, everything’s in the tax office,
everything’s down stairs in Ms. Bailey’s office, and I am intelligent enough to choose
someone to represent this district that is qualified in that district, and I’m intelligent
enough to sit down with our soon to be representative to talk with her and the members of
that community about the representation. Mr. Cheeks is absolutely right. It’s a shame we
can’t come together and do this. That seat needs a vote and that’s what counts, a vote.
And we have someone here who can sit in that seat and vote. And I think we need to be
fair and just and do what we’re supposed to do as a Commission.
Mr. Mayor: Let me just make a general comment on this though. It is this type of
thing that I firmly believe should be discussed with all members of the body beforehand
so we don’t get in this situation. I don’t know that this was not spoken to members of the
Commission that had not been contacted by the nominating party and these are things that
should be worked out, in my mind, prior to coming into these chambers.
Mr. Holland: Let me mention this right quick. If Mr. Brigham and Mr. Bowles
would check their answering machine, and check their telephone, they’ll see where
37
Calvin Holland tried to call them and discuss this with them. I did it no later than this
morning. And on one answering machine I received, I got an answer, an answer from a
lady from your house, Mr. Brigham, and from your house, Mr. Bowles, I didn’t get
anything. But I left a message and I left my number asking ya’ll to call me back. This
isn’t the first time that I’ve done that. Now, I don’t know if you all are having some
problems with your strawberries, I mean your blackberries, whatever, but some
problems have come up, and I have tried to call you. I talked with Mr. Grantham, you
know, and he and I had a conversation about it.
Mr. Mayor: Okay.
Mr. Mayor: So I mean, so let’s not make excuses about the fact that nobody
would talk to you. If you don’t return the phone calls you definitely not gonna get the
information and I definitely tried to call you.
Mr. Brigham: Mr. Mayor.
Mr. Brigham: I hate responding to this but I left my house at nine o’clock this
morning. I haven’t been back to my residence. I have a business line, which is in gold
print in the phone book. If you can’t find it, and I’m the one who answers that phone---
Mr. Mayor: --- the chair please sir.
Mr. Holland: When you answer your business phone---
Mr. Mayor: Okay. We have a motion and a second. Any further discussion?
Commissioners will now vote by the usual sign. Mr. Cheek.
Mr. Cheek: Motion to table.
Mr. Williams: I’m debating the motion, Mr. Mayor.
Mr. Mayor: The motion had already been made and the vote had already been
called for.
Mr. Cheek: The Mayor’s correct.
Mr. Brigham, Mr. Smith, Mr. Bowles and Mr. Grantham vote No.
Motion fails 5-4.
Mr. Mayor: Okay. Madame Clerk back to the Consent Agenda item pulled #8 I
believe.
The Clerk:
FINANCE
38
8. Motion to approve the acquisition of one (1) slope mower for the Public Services
Maintenance Division from Kut Kwick Corporation of Brunswick, Georgia for
$43,000 (Lowest Bid offer for bid 06-151). (Approved by Finance Committee
September 25, 2006)
Mr. Mayor: Mr. Williams, I believe you pulled this one?
Mr. Williams: Yes, sir, Mr. Mayor, I sure did. I’ve got no problem with this
agenda item. I just want to know, are we and, I know we got some stuff that’s coming
up, that we gonna auction of through fleet management, but is this a replacement item
we’re doing?
Mr. Crowden: I’m sorry, sir, I didn’t---
Mr. Williams: Is this a replacement item we’re doing?
Mr. Crowden: No, sir, this is a new addition to, to the uh, mowing capability of
Public Services.
Mr. Williams: This $43,000.00 for a mover. Is that a tractor now, I mean I’m
hearing---
Mr. Crowden: It’s a tractor/mower combination. Um, it’s got a six-foot cut and it
is a slope mower on, and operated through a gyro system.
Mr. Williams: Okay, is this similar to the mower we purchased for Parks and
Recreation, we had a special mower that we, this is not the same.
Mr. Crowden. No sir. No sir.
Okay, Mr. Mayor, uh, we’re not replacing anything, we’re
Mr. Williams:
adding to this fleet, uh, $43,000.00 uh, it says lowest bid, uh, uh, so I’m gonna make
a motion we approve.
Mr. Cheek: Second.
Mr. Mayor: Okay, we have a motion and a second. Commissioner Bowles.
Mr. Bowles: Thank you, Mr. Mayor. I’d like to ask Mr. Crowden, how many
tractors have rolled over since the last time we rejected this bid?
Mr. Crowden: The bid came before the body in February of this year and since
that time we’ve had two incidents with tractors on the levee, one turning over and one
jack knifing
39
Mr. Mayor: Okay. We have a motion and a second. Is there any further
discussion? Commissioner Williams.
Mr. Williams: Yes, sir. Why, why, we using a mower that would flip over
anyway? Who, who, would take a mower to the levee and cutting, and knowing I mean,
if you don’t’ have the equipment you can’t do it, but, if you talking about how many, that
means we all done it before.
Ms. Beard: You turned it down before.
Mr. Williams: Yeah, but if we turned it down ---
Mr. Cheek: That’s a lot of grass to weed eat, too, by the way.
Mr. Williams: If we turned it down, why don’t we use a regular mower to cut on
an embankment and that would turn in fact over and endanger somebody. That don’t add
up to me.
Mr. Mayor: Because we didn’t we didn’t have this new fancy, schmancy mower
that can do the job.
Mr. Williams: Well, like we wouldn’t have cut the grass there, we be coming
back and show the need for the grass ---
Mr. Mayor: Commissioners will now vote by the usual sign.
Mr. Holland out.
Motion carries 8-0.
Mr. Mayor: Madam Clerk I believe the next agenda item that had been pulled for
discussion was agenda item #9.
The Clerk:
ENGINEERING SERVICES
9. Motion to approve the donation for Right-of-Way from Augusta, Georgia as
owner, to Georgia Department of Transportation in connection with the St.
Sebastian Way Project. (Approved by Engineering Services Committee September
25, 2006)
Mr. Mayor: Commissioner Williams, I believe this was yours?
Mr. Williams: Mr. Mayor we asked the tenant to bring back those
reimbursements that we spent city dollars, city dollars on to uh, get reimbursed back from
DOT, and when this came up, this was donated right-of-way, it’s brought my attention to
ask where is the uh, list of where the amount of money that we’re supposed to get back,
40
that I say we’ve never seen. I wanna see the monies that we applied, that we paid for
right-of-ways. It’s supposed to be reimbursed back to this government. I wanna know
where that list is.
Mr. Mayor: Okay. Do you want to direct that question to the Attorney first prior
to ---
Mr. Williams: Mr. Attorney, the same question I asked you before, where is the
list of monies that, from the St. Sebastian Way Project that we paid monies to be
reimbursed back from the DOT. Where is that list at, when this came on the agenda it’s
got my attention. Yes, sir, it did.
Mr. Shepard: Mr. Williams I’ve got that on my computer and I’d be glad to ---
Mr. Mayor: Mr. Russell:
Mr. Russell: --- to run that off for you. I got it today.
Mr. Mayor: Mr. Russell got it today. Can you get it to him to him at the end of
the day, after the meeting?
Mr. Shepard: Yes, sir.
I make a motion to approve.
Mr. Williams:
Mr. Mayor: Okay. Can we have a motion to approve?
Ms. Beard: Second.
Mr. Mayor: We have a motion and a second. Any further discussion?
Commissioners will now vote by the usual sign.
Mr. Grantham, Mr. Holland out.
Motion caries 6-0.
Mr. Mayor: On to the Regular Agenda Madam Clerk?
The Clerk:
ADMINISTRATIVE SERVICES
13. Presentation by Reliable Demolition to discuss delays being encountered in the
demolition of buildings on judicial center site due to unknown citizens calling EPD
directly complaining that Reliable Demolition is not following EPD guidelines as it
relates to proper disposition of asbestos containing material in the project site.
Mr. Mayor: Commissioner Holland, do we---
41
Mr. Holland: Do we have anybody here to speak to that?
Mr. Speaker: --- sir ---
Mr. Mayor: Please state your name and address for the record:
Mr. Speaker: Irwin Padgett, 2375 Windsor Chapel Road, Stone Mountain,
Georgia. Good evening Commissioners and Mayor. We---
Mr. Holland: Could you speak a little louder please?
Mr. Padgett: Good evening, Commissioners and Mayor. We come to you today
for, for the damage --- because this project took a little longer and um, when we first
st
started the project it was like around August 1, and we had to test for the asbestos, and
then once we did, we found some asbestos in the building. We found some asbestos in
the building that we had that we removed. It had been over 30 days, and we had some
outside interference to delay us in our procedure. And um, that caused us to go over our
extended time. And, what was happening is, there was some outside source coming forth
saying that we had some more asbestos in the building, towards the end, so we had to
have our own report (inaudible). We had to have our own study done, and I don’t the
source, I’m from Stone Mountain, Georgia, I don’t know the source that had said this, but
they throwed like a, what you would call, you know throw a monkey wrench into it to
delay us, and saying that we been dumping our, you know our debris and stuff on other
people’s property, by the airport which was not true. So that delayed us too, also. And
so, like I said, I don’t who the source was because I’m new in this city of Augusta,
Georgia. So, what we asking the Commissioners, to give us a little bit more time on that
building, the storage, storage building.
Mr. Mayor: Commissioner Williams.
Mr. Williams: I’d like to ask the young man a couple of questions. I, I, apologize
again for not getting your name.
Mr. Padgett: Irwin Padgett:
Mr. Williams: Padgett?
Mr. Padgett: Yes, sir.
Mr. Williams: Mr. Padgett, uh, am I understanding you to say that you, you was
approached and said that you had dumped stuff at the airport?
Mr. Padgett: Yes. The first problem came, the EPD come from Atlanta saying
and unnamed source, cause I asked the gentleman, you know, what you doing out here,
on the job site. And he said it was an unnamed source had called in from up here in
42
Augusta, GA saying there’s some asbestos still in the building. So we wouldn’t give me
no name, I don’t know no name. And so, we had our stuff tested, and so that delayed us
for a few more days, uh, we had to stop. We had to shut it down. So like ---
Mr. Williams: Okay, the other thing, now about the, the, asbestos and stuff but
the debris that was dumped at the airport.
Mr. Padgett: Yes, Advanced Disposal, they got the container they carry all our
debris and everything off the job site. We don’t handle none of that.
Mr. Williams: But, I’m trying to figure out Mr. Mayor, how did they get---
Mr. Padgett: Okay, and that incident, and I’m glad you brought that up, uh, I just
about forgot it, uh, a young lady come by the office with a Issuance of License and
Permit. She come out there with the Marshall and that really humiliated me cause you
know, I can understand how a young lady come out to a job site and she want a
gentleman with her, and which I thought maybe someone out the office or a young man
should have come with her but she brought the Marshall. And he had the guns on his
side, and that really humiliated me, and that really did something to me. You know it did
something to me emotional. Thinking, are we back in the forties or fifties? Because this
source was saying they didn’t want us up here to do the job because we’re minority
contractors. And I really didn’t believe that.
Mr. Williams: Mr. Mayor, I’m just trying to figure out how the Marshall, the
young lady get there because if they, they caught this young man Mr. Mayor, they saw
him dumping on the airport he should’ve been arrested. It should have, whatever the
extent of the law, it should’ve happened. But, how can, and I’m trying to figure out, and
I know you’re a lot smarter than I am, but ya’ll gotta help me now, how in the world can
they come to a job site and accuse somebody of doing something they didn’t catch doing
it? What your name or something cause, the Marshall goes through trash now and he’ll
get your name. They called my house one time. They’ll go through your garbage and get
the trash and read your information and they can fine you that way. So, did they tell you
how they got to you?
Mr. Padgett: They said they got another phone call. They wouldn’t say who the
source was but somebody made a phone call. And that really, you know it just, just, it
delayed us. It just delayed us.
Mr. Williams: Mr. Mayor, I wanna make a motion. I don’t need to talk to the
. I wanna make a motion we extend this young man’s contract to uh, uh,
young man
I guess two weeks. Would that be enough time?
Mr. Padgett: Yes.
Mr. Williams: Two weeks to give him the opportunity to finish his contract. I
know what’s going on and the rest of us ought to know what’s going on. But, my motion
43
is to extend his contract for two weeks, and the next time Mr. Mayor, somebody comes to
him and tells him about his materials on any road, they need to be trying to find the folks
who stole his materials. Not coming to him. That’s the first thing I would’ve asked
them. Had you find the person who got my material and put it out there? They hadn’t
been coming to you unless they had proof.
Mr. Holland: I second that motion, Mr. Mayor, and also would like to leave a
card with this gentleman, I don’t know if he has our phone numbers or anything. But you
need to have a card so you can call somebody when somebody come out there and not
giving you any names. You know, you need to call somebody, to let them know that you
got some people coming out there that you don’t know who they are. They could’ve
come from Timbuktu, and come out there and start saying some things to you. So we
second that motion.
Mr. Mayor: We have a motion and a second. Any further discussion?
Commissioners will now vote by the usual sign.
Motion carries 9-0.
Mr. Padgett: Thank you very much.
Mr. Mayor: Yes sir. Next agenda item Madam Clerk.
The Clerk:
ADMINISTRATIVE SERIVES
14. Approve a request by the Augusta Neighborhood Improvement Corporation
(ANIC) to amend it CDBG contract with the City of Augusta.
Mr. Holland: Do we have someone here to speak to that?
Mr. Mayor: Mr. Cooks. We know who you are but state your name and address
for the record.
Mr. Cooks: No problem. My name is Robert Cooks, I’m the president and CEO
of the Augusta Neighborhood Improvement Corporation. My office is located at 925
Laney Walker Boulevard. My personal residence is 2065 Heckle Street, Augusta,
Georgia. Um, we are experiencing an increase in construction costs from concrete to
materials to um, the cost of doing business. Basically the request we have in front of
Admin. Services and now the Commission, is to increase, to amend our contract to allow
us the increase down payment assistance to customers from 7500 to 15,000. Un, and the
purpose of that is, is that, as we’re dealing with the increased cost of construction, we
having to increase the sale prices of our houses which is making it less affordable for
people to buy homes. The CDBG funds are allocated to people who make 80% or less of
the mediate income. Um, all we’re trying to do is make sure we can support those who
44
are low to moderate income in our community so that we can maintain the pace of sales
as we try to redevelop the neighborhood.
Mr. Holland: Any questions?
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Mr. Mayor, I’d like to hear from the Housing and Neighborhood
Development about Federal guidelines, if this can or cannot be done.
Mr. Mayor: Mr. DeCamp.
Mr. DeCamp: The Federal regulation does not specify any upper limit on down
payment assistance, and this is as best we know is in compliance with, is perfectly
allowable under the guide lines and regulations of HUD.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Paul, what actually do, what does this consists, what would this
do. I mean I heard Robert, say he want to uh, meet the guide lines because of materials
going up and make this affordable for families. But, how, how does it impact? How
does it actually work? If this approved, this, this---
Mr. DeCamp: If this is approved, then potential homebuyers in that, the Laney
Walker property area and can afford it, depending on their income, they’d be eligible to
receive up to $15,000.00 in down payment assistance to buy one of the houses that
ANIC’s built.
Mr. Williams: Ok, what financial impact total would this do for uh, am I’m not
designating any group, I mean I think Robert knows that, but I’m trying to make sure that
we, we doing the same thing for everybody, that’s, that’s all I’m asking. So this will be
uh, uh, the uh, CDBG funds, ---
Mr. DeCamp: Right. They’ve already allocated to them, uh, you know,
previously, I mean this is an amendment to an existing contract they have with the city.
Mr. Williams: Amendment to the existing contract?
Mr. DeCamp: It’s not new money.
Mr. Williams: OK, amendment to the existing contract. Going back to what
date?
Mr. DeCamp: Uh, Robert would have to answer, I think it was,---
Mr. Shepard: The original date of the contract.
45
Mr. DeCamp: What 2000, I guess?
. I
Mr. Williams: So we’re going all the way back to 2000. OK, I got no problem
make a motion to approve,
Mr. Mayor. I just need to know, I mean cause I don’t---
Mr. Holland: Second.
Mr. Mayor: Commissioner Grantham, did you---
Mr. Grantham: Just following through with Mr. William’s question. Is, this is
not new money, but it’s gonna be additional money that we get from HUD in order for
this to take place, or what is that fund, where to these funds come from?
Mr. DeCamp: These are previously, these are funds allocated to uh, to ANIC by
the City. Previous, holder CBDG money, OK, under a and uh, so all that they’d be doing
is, is, spending more of what’s left in that – under that contract on down payment
assistance.
Mr. Grantham: Second question was, you know since things did go up, interest
rates, cost of materials and everything else, will this be monitored, based on if it comes
down, how will you adjust accordingly or is this something that’s locked in once we
approve it?
Mr. Cooks: Well, --- its up to scenario.
Mr. Grantham: Oh, Okay, that was my, up to, so you don’t have to give
$15,000.00 on every ---
Mr. Cooks: I don’t suspect that Boral Bricks and everybody else is gonna adjust
their prices even if the petroleum costs come down. Everybody adjusted their prices. I
mean, for example, concrete went from $69.00 a yard to $99.00 a yard in the last thirty-
six months---
Mr. Grantham: Right.
Mr. Cooks: ---so, I mean this is, I mean this is a real effect on everybody, it’s not,
I mean, I’m facing a different issue.
Mr. Grantham: This is gonna deplete your funds a little quicker---
Mr. Cooks: Yes, sir.
Mr. Grantham: ---than what you anticipated in the year 2000.
Mr. Cooks: That is correct.
46
Mr. Mayor: Okay. We have a motion and a second. Commissioner Brigham.
Commissioner Brigham: Mr. Mayor, I need one other answered, I should have
asked a while ago. Are these forgivable or, I’m sorry.
Mr. Cooks: Yes, they are set mortgages that are in the form of (Inaudible).
Mr. Brigham: They’re forgivable, I’m assuming they’ve got to live there a certain
period of time than?
Mr. Cooks: Five-year minimum.
Mr. Brigham: Five-year minimum.
Mr. Cooks: Yes, sir.
Mr. Brigham: And, and they do pay an interest rate, or do they have a zero
interest rate?
Mr. Cooks: Zero principal interest not non-advertising, providing that you
maintain your first mortgage (Inaudible).
Mr. Brigham: Okay, so, in other words, we’re basically giving them up to
$15,000.00 if they move into this house without a down payment.
Mr. Cooks: Yes, we’re creating incentive to try and bring the market back, yes
that’s correct.
Mr. Brigham: Okay.
Mr. Mayor: Okay, we have a motion and a second. Any further discussions?
Commissioner Williams.
Mr. Williams: I just want to clarify something Mr. Mayor. We, we, we, this is
the money that HUD sent down to assist with this. The same city money we’re giving
anybody. These are monies that was provided to help upgrade the negative side of what
we’ve been dealing with for a long time.
Mr. Cooks: Yes.
Mr. Williams: Okay, that’s all I wanna know.
Mr. Mayor: We have a motion and a second. Commissioner Holland.
47
Mr. Holland: Just wanna piggyback off that. If all the processes were working as
well as this gentleman’s processes were working, I don’t’ think we would be having a
whole lot of the problems that we’re having, so I’d just like to take this opportunity to
commend, commend any further job that this gentleman’s doing in looking out for the
people in the community that need homes.
Mr. Mayor: Okay, we have a motion and a second. If there’s no further
discussion, Commissioners will now vote by the usual sign.
Mr. Mayor: Robert thanks for all the good work you’re doing there.
Motion carries 9-0.
The Clerk:
ADMINISTRATIVE SERVICES
15. Approve a request by the East Augusta Community Development Corporation
(EACDC) to amend the 2003 HOME contract with the City of Augusta.
Mr. Holland: Do we have someone here to speak to that?
Ms. Watkins: Good Afternoon.
Mr. Mayor: Good Afternoon. How are you?
Ms. Watkins: Good than you. Charlene Watkins, East Augusta Community
th
Development Corporation, I’m the executive director there. The address is 1011 12
Street. We’re asking for an amendment to our 2003 contract um, because we have um,
satisfied the requirement of the contract by building two units in the east boundary area.
We have an overage or excess of funds left over, $13,000.00. We’re asking for the
$13,000.00 to be amended so that we can utilize those funds for clean up and demolition
of existing properties that we own.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you Mr. Mayor. Ms. Watkins, uh, this is uh, to amend the
2003 HOME contract with the city. The 2003 you saying you got $13,000.00 from 2003.
Is that all of the funds that you got, is that, when this amendment is only gonna affect the
$13,000.00. Is that what you’re saying.
Ms. Watkins: Yes sir.
Mr. Mayor: Hang on. You done?
Mr. Williams: Yeah, I, I, it was stated 2003, I was thinking that four, five and six
was in there as well, from back but it’s just 2003 the $13,000.00.
48
Mr. Mayor: Okay. Commissioner Grantham.
Mr. Grantham: Right. Just a little clarification and following up. These funds
are just reallocations of funds that you’ve saved in those constructions that you had.
Ms. Watkins: That’s correct.
Mr. Grantham: And so you asking permission to use that to clear two additional
lots.
Ms. Watkins: That’s correct.
Mr. Grantham: OK. I think that’s good.
Can we get a motion to approve?
Mr. Mayor:
So moved.
Mr. Grantham:
Mr. Cheek: Second.
Mr. Holland: Let me ask another question here.
Mr. Mayor: Commissioner Holland.
Mr. Holland: Is there a time line on the expenditure of these funds when you get
them like that?
Ms. Watkins: Five years.
Mr. Holland: How many?
Ms. Watkins: Five years.
Mr. Holland: Five years, and this goes back to 2003?
Ms. Watkins: Well, there is a history behind the fact that the funds weren’t
expended. There was a moratorium placed on not just East Augusta but on all of the ---
or any one receiving home funds. So that um, had us bogged down for about eighteen
months. So, the renewed contract was given to us in 2004 I believe it was. I’m sorry,
2005. And then we started the construction of 804. Sterling has already been done. We
started with 804, we will be finished with Sterling I mean, 804 in the next week or so and
so that the $13,000.00 that is left, I’m just asking so that we can use that to do demolition
and to um, clean up lots in the area that we own basically.
49
Mr. Mayor: Okay, we have a motion and a second any further discussion?
Commissioners will no vote by the usual sign.
Mr. Mayor: Thank you, Ms. Watkins.
Ms. Watkins: Thank you, Mr. Mayor.
Mr. Bowles out.
Mr. Hatney abstains.
Motion carries 7-1.
The Clerk:
ADMINISTRATIVE SERVICES
16. Approve an amendment to the 2006 HOME Program Contract with the
Promise Land Community Development Corporation (PLCDC).
Mr. Holland: We have someone here to speak to that?
Ms. Boazman: My name is Sheila Boazman. I’m the executive director of
Promise Land Community Development. Our address is 2409 Amsterdam Drive. I’m
here to ask that an amendment be done to our contract to allow us to be reimbursed for
homes that we’ve already had the feasibility and the environmental done. As it stands
now I don’t believe the amendment that is written will allow us to do that. And I’ve been
in discussion with Vanessa and I guess somehow we can’t come to an agreement, but uh,
we would like to get reimbursed for homes that we’ve already purchased after May as
long as the environmental and the feasibility has been done. And the contract as it stands
would not allow us to do that.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Paul, can you address that for us please? We’ve been talking
about this for quite some time.
Mr. DeCamp: Yes, the uh, in response to Promise Land’s request that the
department in conjunction with the Law department drafted the amendment uh, that you
have before you. We were requested specifically to replace the word “purchase” with the
word “reimbursement.” Thereby as Ms. Boazman said allowing them to be reimbursed
or uh, properties that had the environmental and the rehabilitation feasibility analysis
done uh, prior to the reimbursement instead of prior to purchase. Um, ---
Mr. Williams: You say, you was told to change from purchase---
Mr. DeCamp: Right. Request, the basic request by Promise Land was to take out
the word “purchase” and replace it with the word “reimbursement” in the particular
clause. And the effect of that would be to allow them to be reimbursed or the ah,
50
reimbursed for properties in which the environmental and um, uh feasibility analysis had
been done uh, prior to reimbursement instead, as it reads now, it says prior to purchase,
and there were two or three properties I think in question that were purchased um, prior
to, prior to the environmental and feasibility being completed as specified under the
original contract clause. I think, um, what Ms. Boazman is referring to in terms of the
amendment not addressing the issue is, is that the question on the effective date of the
amendment to this particular contract. And as I understand it from conversations from
Ms. Flournoy, that it’s typical for any contract amendment, that the effective date is
typically the date that it’s acted upon. Um, which um, still we got a total of sixteen
property addresses from Promise Land. There are a number of those that um, have not
been purchased yet but have been identified as properties that they may intend to
purchase, some of which the environmental, well almost all of the environmental’s been
done, the feasibility can be done on, in a short time frame for some of those other ones,
but um, I that the basic issue comes down to the affective date of the amendment.
Mr. Williams: Mr. Mayor if I can continue---
Mr. Mayor: Mr. Williams:
Mr. Williams: When we talked, months ago now I know a couple of months, Mr.
Cheek made a motion, and committed to ya’ll to go and to sit and you the Attorney and
Promise Land to come back with a workable solution that was within the guide lines of
this government and the state government which Ms. Taylor said that they had no
problem doing uh, what needs to be done, if the city had no problem. Now, I’m, I’m, and
I asked about this before because in the last meeting it didn’t come back, here it is
coming back now and it’s not worked out. Why is it that we pay staff, Attorney’s,
directors and everybody else and nobody told us, hey there’s a problem, we run into a
brick wall Mr. Mayor we can’t go no further, that we may be, to come together and do
some solution. Why did we have to get here to find out that it’s not workable for---
Mr. DeCamp: Well, I think to a large extent it’s workable. There are three
properties in question that were purchased prior to the environmental and feasibility
being completed. There are, there are others as I’ve mentioned that have not been
purchased yet, but have been identified by Promise Land. A number of those have had
the environmental and feasibility completed. Under the original contract they could still
go back, under the original clause, and have those properties purchased as long as the
environmental and feasibility are done, so, there’s still properties out there that they can,
that they can legitimately buy. And again, under the amended version anything after the
effective date, if the environmental and feasibility are done prior to reimbursement than
those are eligible as well.
Mr. Williams: But Mr. Mayor if I can allow---
Mr. Mayor: One more question and let me move on to Rev. Hatney has his hand
up as well.
51
Mr. Williams: I’m just trying to get some answers because we, we, talked about
this in length before and uh, if it’s in the guide lines, if it’s not gonna cause uh, us to
break any Federal or local rules or guide lines here. Now we went to 2003 with East
Augusta, we went back with Robert Cooks from his original date and did that. I’m just
trying to figure out how we can some and can’t do the other ones. If, if, it’s feasible that
they’ll be reimbursed and, Dr. Hatney may have his own comments but he said in the
meeting that we was supposed to help the (inaudible) get on their feet. Try to get the
reimbursement back for monies they done spent. Now those potentials, if they got
documents showing what they bought properties that, potential properties don’t mean
nothing. I would love to see that if this is approved, the document ought to say, those
that were purchased, and when they was purchased and once they got the uh, the uh, uh,
what’s the word---
Mr. DeCamp: Environmental?
Mr. Williams: ---environmental studies done, and was completed, they’ll be
reimbursed. If that’s what we gonna do. And, and, and, if we can’t do that we asked
ya’ll to go together and all of ya’ll sit down.
Mr. DeCamp: Right, but just let me add one, one, one more point because this
bears on the issue of following guide lines and regulations and that is the reason why we
as staff are recommending the language in the amendment as drafted is because the city
does, on the back end, when HUD comes to monitor the home program at some point in
the future. Does, does, there is a potential for an environmental finding with regard to
any properties that are purchased prior to the environmental being completed. And that’s
why we made this, that’s why were recommending the amendment as it’s, as it’s been
drafted.
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: My question is, is that um if I hear you right, I think you said that
um we’re looking at two different phases here, and that you mentioned that the future
purchases, and then you also said if I’m not mistaken, I heard you say that those uh, that
purchases before that meets the guide lines, which already had the environmental study
complete, that, they can be reimbursed for that. Didn’t I hear you say that?
Mr. DeCamp: Right, yeah. There are a number of properties, you know, there
are, there are a number of properties in which the environmental has been done. The
feasibility on some has been done, have been done and the feasibility is pending on
others, but these are all addresses that have been submitted by Promise Land.
Mr. Hatney: We talking about the ones that have already been paid for, or the
environmental studies and all that?
52
Mr. DeCamp: The one’s that I have, the six that I have on this list here that have
been um, have already been purchased, um some of them had the feasibility done prior to
purchase but none of them have had the environmental done prior to purchase.
Mr. Hatney: So I don’t see a problem with that as long as the activity’s been
completed.
Mr. DeCamp: I understand, I see your point of view I’m just ---
Mr. Hatney: You enter into a contract with one of the agencies and its effective
date, say January, you amend something to---kept forward but it has nothing to do with
what’s already happened. What she’s trying to do is get reimbursed for those properties
that has already been paid for and the environmental studies and all that been done, and
there’s nothing wrong with that because she stayed in the guidelines of the original
contract.
Mr. DeCamp: Right, well except---
Mr. Hatney: It’s not illegal now. I know better than that. I’m trying to---
Mr. DeCamp: All I’m pointing out is that the environmental---
Mr. Holland: It’s all part of the same contract.
Mr. Mayor: Commissioner Holland.
Mr. Holland: That was my concern to Mr. Mayor in reference to what Dr. Hatney
was saying. Um, I believe that, when we were in the last meeting I think, and to refer
what Commissioner Williams said and what Commissioner Cheek said, that ya’ll were
supposed to get together, sit down and discuss this and get the kind of language, come
together with the kind of language that would make this acceptable between all parties.
Now have there been any kind of communication between you all and Promise Land in
reference to making these changes with the amendment to this contract?
Mr. DeCamp: There’s been extensive emails, there’s been phone conversations,
yes.
Mr. Holland: Okay, so that means they, uh, does that, you don’t mind Mr. Mayor,
does that mean that, that, Promise Land is satisfied with what has happened with the
changes that have been made in reference to the language that has been used in the
amendment. Ms. Flournoy, I think you had something you wanted to share with
reference to that and if Ms. Boazman has something she wanna share. My concern is that
everybody’s being, that, it’s being done right. Cause we know we gotta follow HUD
guide lines. And if we don’t follow HUD guidelines we’ll be in some serious trouble. So
let’s make sure we do that.
53
Ms. Flournoy: Mr. Mayor, members of the Commission in this particular
situation you’re dealing with two time frames. The original contract is still in effective
until that contract is amended. That contract will not be amended until this body, if it
approves the amendment, approves it today. Ms. Boazman, or Promise Land, purchased
properties sometime prior to today, where they purchased the property, prior to getting
the approval from HUD, which requires the environmental study as well as the feasibility
study. They did not comply with the revision of the contract at the time of the purchase.
Ok, and that contract, the original was in effect and that controlled, the amendment
controlled from the point of approval forward. Anything purchased prior to the
amendment will be controlled by the original contract and the effective date of that
amendment will be the date the Commission approves it. So this is the difference
between what she’s asking to do and two previous amendments is, they did not, they’re
not asking for approval for something they’ve already done under the existing contract
they’re asking for approval before they take action. She’s asking for approval for
property she purchased that were not in compliance with the contract that we had at the
time. And based on our contract, we could not approve it because she did not get the
proper approval prior to purchase. When you change the contract it allows for
reimbursement and approval prior to reimbursement. Before she had to have the
approval before purchase and because she did not have that approval before she
purchased these properties than they could not approve it.
Mr. Williams: Mr. Mayor?
Mr. Mayor: Commissioner Cheek and then I’ll come back to you.
Mr. Cheek: Déjà vu all over again.
Mr. Williams: All over.
Mr. Cheek: We’ve covered this entire discourse, twice now?
Ms. Flournoy: Yes, sir.
Mr. Cheek: The whole point of the redevelopment program is to redevelop the
city. These groups come to us, sometimes with the opportunity to purchase a foreclosure,
which may not allow for a full environmental study to be done prior to purchase. They
have not asked for a dime for properties, and correct me if I’m wrong, that do not meet
the environmental requirements. All they’re asking for is in order to purchase the
properties and to be reimbursed if they conformed to the environmental reviews and other
aspects of that. We instructed staff, clearly, in plain English, even legalese, that this was
the intention of the Commission to have this worked out to where that particular thing
could occur, that if they had purchased properties, that we would reimburse them if they
conformed to the environmental and other regulations consistent with the existing
contract with the exception of the fact that they had already purchased them prior to
getting the environmental, but to work that language out to enable them to move forward
with, not receive monies for property that didn’t conform to the environmental rules,
54
which would be a violation of HUD regulations but to be reimbursed to redevelop the
community. Somehow that just went right over the top of staff and just what it appears
like to me. That’s what this Commission, the body of this Commission asked staff to do
and what I’m hearing from you is today we just need to go ahead and amend the contract
to make that so. Is that correct?
Ms. Flournoy: The limit will allow for reimbursement for properties purchased
after today. Now based on the information that I have from the agenda items, Mr. Cheek
maybe I misread it, but there was no, specific addresses in that agenda item. And we did
not discuss to what I recall anything about anything they had purchased prior to that. We
discussed amending it, her request was to amend it and change it from a purchase to
reimbursement. Okay?
Mr. Cheek: I don’t think that anything was written I think that during the second,
at least the second time if not both times this was discussed in, um with this body, that
um, the members of staff that were tasked to do this were indeed present. And, uh,
therefore, many of us felt that verbal communication would probably suffice rather than a
step by step directive so, in any event, however we missed that, unless I’m reading what
the body has instructed, wrongly, staff has been instructed to go back and allow them to
precede with redevelop, their important redevelopment work to buy these properties. If
they get into a tight situation in the foreclosure, whatever and can acquire the properties
cheaply, then have the properties go through the proper protocols to be reviewed for
That
environmental cleanliness and so forth and then if they pass that, to be reimbursed.
is as simple as it can get and that’s what we instructed staff to come back with
language to do that, to amend the contract to do that, and while we’re not there
today, if it requires and action of this Commission to do that, I so move Mr. Mayor.
Mr. Mayor: Okay.
:
Mr. WilliamsI second that Mr. Mayor.
Mr. Mayor: We have a motion and a second. Any further discussion?
Mr. Brigham: Mr. Mayor.
Mr. Brigham: I’m getting a little confused up here but I’d like to hear from the
Attorney. Are you telling us that if we pass this amendment that we we’re going,
possibly stand to be, receive a gig at HUD for reimbursing something that is not in
contact with the contract. Would we have to reimburse HUD for these monies?
Ms. Flournoy: IF the contract has the affect on making retroactively, uh, it would
be, I believe it would be subject to, possibly subject to, HUD fining. Anything that was
purchased from the date of the amendment forward would not be a problem because then
we would be in compliance with our contract. But basically we require compliance with
the contract provision in existence at the time of the purchase if she complied with the
contract. Based on the contract, because she did not comply with the requirements as that
55
time, the staff could’ve brought forth to this Commission the request to disqualify them.
And we have not done that. Uh, we have seeked to work with them but I, but from my
standpoint, I look at it from the legal standpoint, this body cannot make it retroactively
effective. This body could, if it wanted to, include in there specifically to include these
addresses with the understanding that it may be, it may subject that department to fining
from HUD.
Mr. Williams: Mr. Mayor?
Mr. Mayor: Commissioner Williams.
Mr. Williams: (Unintelligible) First of all, Ms. Flournoy said she thinks. I don’t
know, I don’t care what she thinks, I wanna hear, I wanna know what the law says.
That’s all, that’s all I’m concerned with, regards to who it is, if the law says, if that’s
what it states, then that’s what it states. My other problem is, we talked to HUD, we
talked to Ms. Taylor, she said that she had no problem with it as long as the Commission
had no problem, that she didn’t see where where’d be any risk in a loss to us. So that’s
why we invited staff to meet together to talk and to get something worked out where we,
where we can get this done and, and quit hassling about it. Now, it’s a lot of stuff that’s
come up in this mess, a lot of stuff that’s come up. But if it’s not against the guidelines,
why are we taking all of this time to talk about stuff we could easily have been voted on
go on Mr. Mayor.
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: My concern is that, I keep hearing, um, retroactive. If the contract is
effective on January, February or May, let me finish, and the individual’s is purchasing or
repoing from a bank there are many times that the time does not allow them to have an
environmental study up front. Plenty of time that happens. And because the fact, those
properties are within in the contract period, it’s not retroactive only as important as to be
reimbursed for houses they have purchased and that has already met, not at this junction
environment study.
Mr. Mayor: Yes, ma’am.
Ms. Corley: Mr. Mayor, (Unintelligible). I’m the housing program coordinator.
As the housing program coordinator, my concern is that Ms. Boazman and myself talked
--- told Ms. Boazman that she’s gonna look at the way the city is implementing their
program and their contract. But when we go back let her, let her do what she wanted to
do with the houses before the contract. That the only problem, I mean I can see, and I can
understand about environmental law, I mean, let her be reimbursed for the properties as
long as the environmental and feasibility is okay. But the problem is the city continuing
to have guidance, that’s my concern as the program coordinator.
56
Ms. Boazman: ---in conversation, Ms. Taylor also said, as long as it was not
illegal, as long as the contract was amended to say such. And that’s the purpose of
amendments.
Ms. Taylor: But the amendment would be effective the day that you approve it.
Ms. Boazman: But you also can include in there the addresses of the houses---
Ms. Taylor: And that’s a possibility.
Mr. Williams: I’ve got a question then.
Mr. Mayor: Okay, Mr. Williams, I believe I’ve recognized you twice and you can
comment of the motion in a second. Let me get Mr. Holland first. Mr. Holland.
Mr. Holland: Um, Mr. Mayor in view of the fact that we still have some confusion
I’d like to
with this particular project and with all of this language and this information,
make a motion that we table this and take it back before Administrative Services
committee and let them sit down and try to gather the information and let’s do it
right this time.
Mr. Mayor: ---substitute motion.
Mr. Holland: Substitute motion to that.
Mr. Mayor: Okay. We already have a motion to second.
Mr. Brigham: I make a motion to table.
Mr. Holland: All right, refer it back to Administrative Services.
Mr. Brigham: Second.
Mr. Mayor: Okay, we have substitute motion on the floor and the second to refer
it back to Administrative Services. Is there any further discussion? Mr. Williams.
Mr. Williams: I think we need to add something, another leg of that, going back
to Administrative Services. We go the same folks talking about the same thing, we
probably gonna get the same answer. We need somebody else need, and I don’t think it’s
a legal mind, because we got a legal mind in there and we still didn’t get. We may have
to get Ms. Taylor, I talked with her, who said that as long as the city agreed, now my
question was gonna be Mr. Mayor, who decided what it would be, after the amendment,
before the amendment, I mean, that, that, I need to find where that’s written at, if it’s in
the book that says after the amendment or before. Who makes that determination? Cause
I think it’s legal but if there’s more out there, I think it would be---
57
Mr. Mayor: Commissioner Hatney did you wanna, Okay. We have substitute
motion I believe those questions can be answered on the floor and we’ll refer it back to
Administrative Services Committee. If there’s not further discussion Commissioners will
now vote by the substitute sign.
Ms. Beard votes No.
Motion carries 8-1.
Mr. Mayor: Next agenda item Madam Clerk.
The Clerk:
ADMINISTRATIVE SERVICES
17. Discuss annual federal funds to be used in the demolition of buildings. Identify
buildings and allocate up to one half (1/2) of funds received. (Requested by
Commissioner Grantham)
Mr. Mayor: Commissioner Grantham, I believe this was yours. Commissioner
Grantham
Mr. Grantham: I’m sorry.
Mr. Mayor: Number 17.
Mr. Grantham: Oh, yeah, excuse me Mr. Mayor. I’m kinda tired here with what
we’re talking about. I had spoken to the Administrative Services chairman, Mr. Holland
and also with Mr. Williams. We discussed this and I know it’s been a matter, subject
matter on our minds for a couple years and we’ve looked, looked at possibly, the
demolition of these old torn down houses and buildings in Augusta, particularly in the
inner city area where we’ve all looked at and talked about for many years. And, my
question was if, that since we have certain funds from the federal government, that I, I,
wanna know how much we can allocate out of those funds that would be used for the
demolition of these old buildings and houses making land available for reconstruction
and for rebuilding of those particular neighborhoods. So when I put in one-half of the
funds received, that’s certainly sounds like a lot and it would be, it be about $2.5M
dollars, and it would be nice to be able go and use all those funds to do that with. But,
realizing there’s some restrictions in the use of the funds that we do get from government,
I’d like to find out just what can be get Paul, from the government and what can we use
for this purpose, on any escalated program that we might be involved in. How can we
utilize these funds to, to use it in demolishing certain structures that need that done and
not just all of a sudden we just kinda throwin’ darts right now. But we need to
concentrate in certain neighborhoods, and I know Ms. Beard has talked about that, Mr.
th
Williams has, I have, uh and today I came in on 12 Street and let me tell you, you can
identify a number of places there that could use this type of service on and we could have
some rebuilding of our inner city with these funds as quickly as possible. That’s my
reasoning for bringing this forward.
58
Mr. Williams: Anybody else?
I’d like to
Mr. Grantham: Let me continue on if you don’t mind, Mr. Williams.
put this is in the form of a motion that it go back to Mr. DeCamp and
Administrative Services and see if we can’t come up with some kind of plan or
program that we can escalate the demolition of these types of structures within our
inner city and do the work we so desperately need. That’s in the form of a motion.
Mr. Brigham: Second.
Mr. Williams: We got a motion and a second Mr. Mayor it’s on, back on you?
:
Mr. Mayor Okay. Commissioner Cheek.
Mr. Cheek: Mr. Mayor, we already have a program in place and one thing that
we need to do, and I fully agree with the measure and the motion, is go in and identify
geographic areas because areas cannot be redeveloped if there spot demolished leaving
areas of torn down houses and houses that are being lived in. If we take this money, we
apply the Lyman Dover plan to a geographic area. Some of us have already been talking
about it. Let’s identify that, use up these funds and ask for more. But, let’s do this in a
planned method utilizing the tools we’ve already painstakingly developed, and uh, let’s
just pick the area and do it. I, I’m strictly against us randomly going in and tearing down
stuff because that serves no good purpose other than creating another vacant lot for us to
have to clean.
Mr. Williams: Mr. Mayor?
Mr. Mayor: Commissioner Williams.
Mr. Williams: Uh, Mr. Grantham is right, we did talk about this and I think
there’s a very, very strong possibility we may able to do some of this. Now this agenda
item says, buildings. And there’s a difference between a building and a home. Uh,
every, every building’s not a home but every home is a building now, Paul. I wanna
make sure that we use the monies for, uh, it’s intent. This money comes to us for low to
moderate dilapidated communities that we need to upgrade, and uh, we know, we went
out on Lyman Dover and they got started out there, they got a plan in motion, in fact we
took that same plan and we met with, uh, several of the community leaders, several
th
pastors over on Wrightsboro Road, to start looking at Wrightsboro Road at 12 Street and
go up to Mill Street, and all the roads form Wrightsboro Road to MLK. Uh, Rob
Sherman has already been in there, we got some property we already own, we already
demolished. It’s a very negative area that we, we really need the impact. So, I think that
if we sit down and talk about this some more, like Mr. Grantham there ought to some
funds to help with some of the demolition but that ought to be some funds, we got to be
able to put in place in order to do these things. This spot building, this spot demolition
we’ve been doing doesn’t send a very good message, and if we can come together and
59
promote another area like the one they’re doing in Lyman Dover, where we can, can
make a real good positive impact on the community, we can go from there to another one.
So, Mr. Cheek, we’ve already come up with a place, uh, where the model is. We’re
gonna take the Lyman Dover, we’re not gonna wait till it’s competed, we gonna start the,
the uh process right now. We’re already meeting with the Pastor’s, uh the House of
Prayer has come in and they got their own funds. They ain’t asking us for anything. They
want to go in and do some things there to uh, assist with the other stuff that we come
together. So we come together and talk about a plan how all that can look like one unit,
and a positive unit for this community. And I think we’re on the right track with that part
of it any way, Paul.
Mr. DeCamp: Right.
Mr. Williams: We need to continue that.
Mr. DeCamp: I agree.
Mr. Mayor: Commissioner Beard.
Ms. Beard: Mr. Mayor. I’d just like to say that I have watched Mr. Cheeks and
Jimmy closely with Lyman Dover. I’ve talked with Marion Williams in reference to his
proposal and I have listened to Don Grantham in reference to what he has to offer. And
what I see is we’re ready to get something done. And, I’m so happy to finally see that
something will be done in that area and I think soon you will be a difference.
Mr. Mayor: Absolutely. Commissioner Cheek.
Mr. Cheek: Mr. Mayor, and, and, I’m gonna go back to the nuts and bolts of this
thing. We need a map, we need a geographic area, we need to develop a game plan and
the steps to go forward, all of the parties we need to talk to, these are the things that we
need to lay out now to go ahead and get started, but the first thing we need is a map with
the properties, the lots, the lists of who owns the land and go ahead and get started on this
thing. And I for one believe, that just like Lyman Dover, this effort will need a sponsor
on this Commission, somebody to follow it, uh, we need to set up a committee to follow
this, just like we did Lyman Dover, to meet regularly and discuss with all the
stakeholders and the Commissioners to make it happen. I would be happy to serve on
that committee in any capacity but I believe that if we follow that model, those are some
of the first elements that we did, and we need a Commissioner from that district or that
general area or just somebody that will take ownership and seeing it through. Because
one of the things most difficult about Lyman Dover, when I was injured, Commissioner
Smith stepped up to the plate and made sure that the ball wasn’t dropped. And we went
through different staff members and the ball wasn’t dropped, and that’s only through
constancy of purpose and we need that same thing for this next initiative, and to set the
pattern of a sponsor and then, a sponsor or two and then eight cheerleaders to make it
happen.
60
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: Um, Mr. Mayor, fellow Commissioners. I was under the impression
that when the Lyman Dover, or whatever ya’ll, I think it’s called Lyman Dover project
was initiated that it was agreed upon that, that same uh, plan, basically where feasible
could be used throughout the city of Augusta. That’s what I believe we worked on. I
thought we said that. I’m sure we said that. Because did somebody said we find a
sponsor, so what I’m saying, you already got that in place and knowing how it works,
how it, that was then able to ascertain funds from uh, HUD. Then if the plan is already in
place all you need now is the space. And the way I understand the space has been found,
then what we need is implementation. I don’t think we need another plan to coincide
with what’s already, already developed.
Mr. Cheek: If I may Mr. Mayor? The things I’ve outlined are the elements of
Lyman Dover. Space is as Captain Kirk says is the final frontier and there’s an awful lot
of it out there. We need a defined geographic area now, than plug it into the same plan
and it’ll go just like Lyman Dover did.
Mr. Mayor: Commissioner Beard.
Ms. Beard: Um, Mr. Mayor we do need that area and since I’ve been on board, I
have felt a need to do something in the Bethlehem area. Now, uh, Mr. Williams and Mr.
Grantham have come in reference and he has actually pinpointed an area, and I have no
problems with it what so ever because we have to start somewhere. So in my opinion
Mr. Williams should be the sponsor for whatever we do at this point and uh, let’s move
forward.
Mr. Brigham: I agree.
Mr. Mayor: Okay, we have a motion and a second. Is there any further
discussion?
Mr. Cheek: Mr. Mayor, I’m just, I need for my satisfaction, I want street number
A, street number B, street number C, street number D, a quadrant and I trust the sponsor
to bring that forward, and if you’re gonna be the sponsor you know that means you owe
us the first cook-out.
Mr. Mayor: Commissioner Williams.
Mr. Williams: I can do the cooking. Uh, let me, Mr. Mayor, let me respond to
Mr. Cheek. And we do have a map set up. We had Rob Sherman, uh, who else was there
Rob, Norman Michaels and the ministers from that immediate area that gonna be
affected. Some own property, some are ready to do something themselves. We are
taking the same process, the same, uh, road map that we used in Lyman Dover, because
that way we ain’t got to wait to reinvent the wheel. We want to continue this. We already
started to meet. Uh, we hadn’t, we hadn’t seen it publicly, what streets yet Mr. Cheek
61
because the price is gonna change on properties. Some folks think you coming through
to do something and, and that they really gonna be blocking, not even know they’re
blocking, but we have got a process in place Mr. Mayor and we’d be glad to bring our
report back to that and feed it to the Commissioners so they’ll understand where we are.
Mr. Mayor: I’d love to see that. We have a motion and a second. Any further
discussion? Commissioners will now vote by the usual sign.
Motion carries 9-0.
Mr. Mayor: Next agenda item.
The Clerk:
OTHER BUSINESS
20. Status report from the Administrator/staff on the demolition of the candy
factory. (Requested by Mayor Pro Tem Marion Williams)
Mr. Mayor: Commissioner Shepard.
Mr. Shepard: Thank you Mr. Mayor, members of the Commission. Mr. Hamilton
is here that’s part of the litigation that we are handling against the Thompson Wrecking
Company. We would like to report to Legal on that matter. We are prepared to do that
today.
Mr. Mayor: Mr. Williams is that ---
Mr. Williams: I got no problem with it going to legal, talking about legal stuff but
there’s some public stuff I wanna talk about here now. We talking about the delay that
it’s putting on the government for not being able to get started with uh, tearing down that
building. Now we, we know that there’s some parties involved who won the contract.
Uh, Mr. Russell I need to know how much, and what are we doing, are we gonna counter
sue, are we gonna do anything aggressive ourselves or are we gonna sit here and let uh,
some business uh, strap us around so to speak to have us to uh, adjust to their schedule.
We are being held up, by not going ahead, it’s gonna cost this government, I think I’m
right Mr. Russell, more money because of the time frame of not doing it. Now either we
gonna be suing the right or suing the left. I think we’ve told that by the Attorney already.
My, my problem is are we gonna be sued, tell them to get in line like everybody else,
let’s go on and get the building torn down so we can just, at least have some uh, progress
on growing versus sitting here holding our hands. That don’t make any good sense to me
Mr. Shepard, I’m not an attorney but somebody need to explain that part.
Mr. Mayor: Mr. Shepard.
Mr. Shepard: Thank you. Uh, we did have the final preliminary injunction
hearing consolidated with the final decision on the motion to dissolve the temporary
62
restraining order. We had filed the motion to, to dissolve the temporary restraining order.
We have a period of time for them to respond and it’s next week as I recall and we have a
date right after that. So we have advanced the, all the dates Mr. Williams, to get it
disposed of within the next two weeks.
Mr. Williams: Mr. Shepard, I, I, appreciate that but I don’t understand how
people can walk stuff through this government and bring it to us and lay it on this desk, to
stop us from making uh, uh, a agenda item pass and not pass when we gotta wade
through the process. Now we ought to be smart enough as Attorney’s and the staff
people here to do the same thing that somebody else done. Now what I learned from
other folks is you do what they do. If they’ve done it we ought to be able to. Why do we
have to wait Mr. Shepard cause we holding the government up. We got the funds to
build a library, we got the next to run the bid, we ready to start work. And we was
walked through. Somebody had to tell ‘em which door to go through now. Don’t tell me
that he was smart enough to know the government enough to know what door to come
through to lay it on this desk to stop us. So we ought to be equally smart to walk through
the same doors and --- Mr. Mayor and the decision or get started with getting out the
country. We gonna be sued, this is not the first time. Call it the ten-thousandth time.
But they need get in line. We don’t need to get to the head of the suing line. If they’re
gonna start suing they need to get in line behind all the other people that are suing us.
Mr. Mayor: Okay, Mr. Williams but this is, correct me if I’m wrong Mr. Shepard,
pending of potential litigation?
Mr. Shepard: It’s pending litigation.
Mr. Mayor: Pending litigation.
Mr. Williams: On, on, the people who, on the contractors. I’m not asking about
those. I wanna know what this body’s gonna do. We have been held up in, Mr. Russell,
how much money is it costing us to be held up.
Mr. Russell: The figure was given several weeks ago and I do not remember off
the top of my head.
Mr. Williams: Thousands of dollars though right?
Mr. Russell: In excess of thousands.
Mr. Williams: An excess of thousands of dollars if we don’t get started Mr.
Mayor doing what we need to do. And we sit here waiting on somebody else to make a
decision on who gets the contract. We may be sued and we probably are, but we at least
we have some work done while we’re being sued.
Mr. Mayor: I believe in the legal session Mr. Shepard intended to give us a full
update of that.
63
Mr. Shepard: Correct. So let’s refer that to legal.
Mr. Mayor: Is there any further discussion on that matter? Moving along,
Madam Clerk:
The Clerk:
OTHER BUSSINESS
21. Update from Administrator/Attorney/Staff on the ING matter. (Requested by
Mayor Pro Tem Marion Williams)
Mr. Mayor: Mr. Shepard.
Mr. Shepard: Uh, this is mine, Mr. Mayor. We have been in touch with the ING,
the president of ING as well as the uh, uh, staff person that’s assigned to this contract.
They did not have a contract that they brought here. They had some agreements showing
the disclosure of the enroller, how the enrollers were compensated. They had no
agreement. I have drafted such an agreement to uh, reflect the RFP that was passed as
th
well as this Commission’s action on December the 5. That contract is in the offices of
ING as we speak. I expect to have it signed within the next um, certainly within the next
five business days. And the enrollers tell me that they don’t come back until October so
that uh, this contract will uh, be signed very rapidly because if they want to come back
and enroll other persons they will have to have this contract as we set forth in the RFP.
And our negotiating is the trouble we’ve had to go to, I’m negotiating all provisions of it
uh, which could include reimbursement of the city’s attorney’s fees to some extent.
Now, the other, the good news is from all sources, I have had no reports of any identity
theft traceable to the theft of the computer in the mailroom of ING in Minneapolis.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor, I had this item put on the agenda not because there
have been um, uh any theft, but this information has been sold to a credit card agency, to
travel agencies, people are calling the employees of this government daily. I mean daily
to the tune of three or four times a day cause this information, now we said that it was
stole, but we getting calls, employees of this government getting calls about vacation,
about credit cards about resorts, about all kinds of information since this incident
happened Mr. Mayor. There’s been an overwhelming number of calls coming into to, to
the employees of this government since this happened. Now I don’t have any proof that
they were sold, Mr. Attorney, but before this happened, we, we the employees weren’t
getting these kinds of calls. I get several myself, more so now than you ever gotten
before, cause all the information that wasn’t stolen or passed out, it was put out so
somebody else can use this information to call these employees. Now you talking about a
contract Mr. Mayor, I wanna know what the contract came in at, because I don’t ever
remember them coming to us for a contract. They wanted to have a volunteer, they asked
us could they come in and would we mind them talking to our employees to give them
64
the right to accept or not accept. I was trying to think of a good word each---all I can say
they---but that’s as good as I can get. Gave out all of the information that our employees
had event to the tune of social security numbers. And, and, and now we saying that
information got lost. What contract was supposed to be put in place cause they came in
asking us do, it was on a volunteer basis supposed to have been. But we end up giving
out the employees address, phone number and everything else and they contacted, tried to
sell them insurance, supposed to be on a volunteer basis. So what contract are we
negotiating with them about?
Mr. Shepard: The contract that was approved by this body and it was, the
material terms of that contract was in the RFP, request for proposal, one of which was
identification and that’s why I had sent a contract up there rather than just---
Mr. Williams: Do you have a copy? I need copy of that contract that RFP.
Mr. Shepard: Yes sir, I’ll be happy to furnish it to you.
Mr. Williams: Yes sir. Yes sir.
Mr. Mayor: Okay.
Mr. Williams: And Mr. Mayor—--
Mr. Shepard: And there may be, there may be potential litigation about that so we
might as well bring that up in just a few minutes.
Mr. Williams: Potential litigation about the contract?
Mr. Shepard: Well, no sir, we may be, well I would not, on the open record I’ve
been criticized uh, which has been bothering me, but uh, for talking about legal strategy’s
out here, I’d just as soon talk about it in there.
Mr. Williams: Well, I, I, think some strategy’s need to take place, so I’d rather
see the contract and I’ll wait to get in the legal---
Mr. Shepard: Thank you
Mr. Williams: ---to address that issue. I don’t ever remember a contract. It was a
volunteer ING---
Mr. Shepard: ---come back and read the minutes together.
Mr. Mayor: Okay. Any further discussion? Madam Clerk, agenda item 24 I
believe.
The Clerk:
65
OTHER BUSINESS
24. Discussion and recommendation from the Commission to the Tax
Commissioner-a letter of Support for the selling of delinquent tax liens. (Requested
by Commissioners Joe Bowles and Don Grantham)
Mr. Mayor: Commissioner Bowles, Commissioner Bowles I know that you all
requested this but uh, but I would like to address that uh, several months ago brought in a
company called Vesta Holdings, there is a representative here. There’s several
companies nation wide that purchase tax liens. There has been some new --- back during
the spring that allows you withhold potentially some the underlying things and I just
think that this is a situation where we have a large budget deficit. I feel like it is
something we as a community need to do. I’ve gone on record as saying that I feel like
preferential treatment should be given to those who pay their taxes as opposed to those
who don’t. So, I just wanted to go down on record as stating my position on this.
Commissioner Bowles or Commissioner Grantham do you have any--- Commissioner
Bowles.
Mr. Bowles: Before I get started I know there’s someone, a good friend of mine
actually, he and I had a pleasant or unpleasant discussion outside, of the debate ideas I
suppose. A few minutes ago and um, you know it just seems to me there is a large
amount that’s out there and, you know, there are local businesses that look forward to the,
you know, foreclosure sales here in Augusta and um, I like to hear from him for, you
know the first two minutes, Mr. David Dunagan, if you don’t mind.
Mr. Mayor: Mr. Dunagan.
Mr. Dunagan: My name’s David Dunagan. I live at 1422 Johns Road in Augusta.
We have a, and it’ll less than two minutes, we have a system in place to foreclose past
due tax sales, property taxes. This month, we had a tax sale this morning, this month
over fifty properties were advertised. Out of those fifty, thirteen came to be sold this
morning. All thirteen were sold. Why not, instead of selling these five days to Atlanta,
advertise a hundred next month, instead of fifty. I’m assuming out of those fifty, it came
down to thirteen this morning, the other thirty-five must have been reinstated and the
thirteen, all thirteen were sold on the courthouse steps and the county received their
check this afternoon. We have a process in place. The only flaw is we need to auction
off more at a quicker rate. Thank you.
Mr. Mayor: Mr. Grantham.
Mr. Grantham: Mr. Mayor, thank you, and Mr. Bowles and I did talk about this
and this has been a subject matter of mine for many years which I’ve talked to Mr. Saul I
guess some fifteen years ago in regards to this particular issue as well. It’s something
that I feel is important for, as you mentioned the tax payers of this community that are
current, they’re paying their bills, are looking for some results based on the delinquency
of taxes that we publish in the newspaper. And with these results we’re looking at a
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deficit in our budget, we’re looking at a deficit in our tax allocation system. And so just
a, just a response to the concerns to the citizens that pay taxes, to me is important to show
them that we’re making some effort in either collecting these taxes or dispersing them the
way we did at the courthouse steps today. So, it’s, it’s not just to say to turn ‘em over,
uh, for someone to come in and start paying us a lump some and then go out and
collecting them, is setting forth a plan and a program uh, that our Commissioner can
work with and one that he feels comfortable with. He’s the one that’s gonna make the
final call on this, not this body. What I want us to do is to reinforce his position and
support the efforts he makes in doing this but to, you know, allow the people of this
community to have their voice in saying we pay our taxes why don’t the rest of the
people that are delinquent. And that’s why I wanted to put it on, to get support for those
people. Thank you. I’d like to hear from the Commissioner.
Mr. Mayor: Can we hear from Commissioner Saul?
Mr. Saul: Uh, yes, I’d like, waiting to pass out some more paper work. I
presented, my whole presentation, give you may whole presentation and several pieces of
paper, so if you don’t understand me, or you have questions you got something to look.
The first, paper is a synopsis based on a request by Mr. Grantham for what we’ll be
talking about. Second is a letter from Vesta Holdings regarding the analysis of
delinquent property tax digests, and the third is a response to Vesta Holdings regarding
the same letter they gave me. And, if you’ll follow me along, on the first page, which is
rd
dated October 3 from the Tax Commissioners office, this is information requested by
Commissioner Grantham. (Inaudible)
Mr. Grantham: Now, get closer to the---
Mr. Mayor: Kick it or something.
Mr. Mayor: I thought you meant to stop it by turning if off.
Mr. Grantham: Uh, we can’t hear you, I’m sorry, it you’re gonna have to pull it
out and talk into it a little bit better please. Get that out for us Steve and do that thing
where he talks to---there you go. Now, excuse me Mr. Mayor, I didn’t mean to interrupt
the meeting.
Mr. Saul: Thank you. Is this better?
Mr. Grantham: Yep.
Mr. Saul: Anyway, we met with with Vesta Holdings and we had a pleasant
meeting with them and than we also met with another company that collects delinquent
tax accounts and that’s called Delinquent Tax Solutions. In discussing this with
Commissioner Grantham, he suggested I put down the advantages and disadvantages of
the two companies, which I did, Vesta Holdings advantages, Vesta Holdings
disadvantages. Delinquent Tax Solutions advantages, Delinquent Tax Solutions
67
disadvantages. If you like I can read those, otherwise you can read them yourself and
make your own determination. Second page, should Vesta should be chosen the tax
collection company, we’d like to have documented the same exclusions they have in the
Gwinnett County contract which is account for senior citizens exempted, accounts for
disability exempted, accounts with active assessment appeals exempted, accounts for
current partial payment plans exempted, accounts that are subject to an ongoing
bankruptcy action, plus accounts with outstanding balances of less than $250.00. And
uh, gentleman, you say it’s my decision but I’m going to ask that you talk among
yourselves and I’ll respect your written recommendation for the delinquent tax collection
policy for Richmond County. We don’t have uh, an extremely large amount compared to
our digest, but any amount that’s out there can be collected and we are collecting them
monthly with assistance from several sources we can do even better and everybody wants
to collect delinquent taxes. I was elected to collect delinquent taxes and most people
think we’re doing a pretty good job.
Mr. Mayor: Can we hear from Ms. Dean, representative from Vesta, who’s here?
Ms. Dean: Mayor Copenhaver?
Mr. Mayor: If you could state you name and address and all that for the record.
Ms. Dean: Yes. My name is Gail Dean. My address is 4820 Merlin Dale Drive in
Atlanta. I am vice-president--- (Inaudible).
Mr. Mayor: We could take the money from the tax liens and buy a sound system.
Ms. Dean: There you go. Um, yes, I’m vice-president of Vesta Holdings. Our
company’s been in business since 1998. We purchase tax liens in Georgia price aids.
And we do this in Fulton, Gwinnett, Albany and a number of other counties throughout
the state. We um, how I ended up here in Augusta was, I saw an article in the paper
looking for additional funds for the county, that you had a deficit and um, contacted the
Mayor who had me contact Mr. Saul. And, we’ve been in discussions regarding the
deficit um, in the collection rate. Actually Mr. Saul and I were talking, the metropolitan
area of this size, you have a very good collection rate. There does come every year, the
end of that collection rate which is what most of the counties that we work with use us to
make up that difference between what is not collected and basically a 100%. The
advantage to using a company like Vesta is we can give you 100% of the value of the
delinquent taxes plus the interest and penalties that have accrued at the time of transfer.
So, um, if it is the decision of Mr. Saul with whatever recommendations you make, we
would be very willing to investigation further into the digest, look at every property that
has a lien on it and determine the actual total value of the transfer that we would like to
make. We did do a preliminary study, which Mr. Saul I believe has shared with you, that
looks like approximately $3.3M in the digest. One of the things that Mr. Saul and I have
been discussing, were bankruptcies. We do purchase bankruptcies in other jurisdictions
and it’s in the bankruptcy code to do that. You can’t levy on it but you can transfer the
um, the liens and that of course is totally up to Mr. Saul’s discretion and um, he’s asked
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us to come back with a proposal that would exclude those which um, we’re very willing
to do, and he’s asked me to do that today and we’ll do that.
Mr. Grantham: Mr. Mayor.
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Uh, question of Ms. Dean. I notice that Commissioner Saul
indicated that ya’ll had done some work for, for other companies, and I’d just like to,
other governments, I’d like to know who they are, and, and maybe uh, how far back to
you go as far as accepting uh, a delinquent tax, uh, that’s on our books, how far back
would we go and, and uh, permitting you to accept that.
Ms. Dean: Okay. Let me answer the second one and than I’ll come back to the
first one, um, because it’s easier for me to remember that way. The taxes expire in seven
years. Typically we purchase um, in Fulton we just completed a large sale where we
were able to purchase the 99’s and immediately give those to the Sheriff to levy. Mr.
Saul and I have discussed purchasing the 2000 forward taxes, um, we felt a little more
comfortable with the 2001’s but Mr. Saul leaned on us a little bit and said that you need
to, if you’re gonna do it you need to take as much as you can so we agreed and we would
go back to 2000 to 2005. Um, and of course we would like to be able to continue the
relationship and purchase the 2006’s when they become delinquent as well.
Mr. Grantham: Okay, my follow-up question Mr. Mayor would be, in doing that,
what exclusions do you have as to what Mr. Saul mentioned in his memo to us, uh, and as
far as what you would not accept based on what he indicated that other governments that
you’ve accepted.
Ms. Dean: The areas where Mr. Saul and I were continuing to discuss, he asked
us to take off the um, disabilities which are very, they’re very minor, the other would be
the properties that are in payment plans with the Tax Commissioner. We, as a matter of
business course, offer payment plans to delinquent taxpayers as a matter of our business
model. And we would be willing to honor those tax, payment plans if they were
transferred to us provided they continued to accrue interest and um, the other area of
discussion were the approximately, and Mr. Saul can correct me if I’m wrong,
approximately $1.3M in bankruptcies which you can’t levy on but you can transfer and
we would be very willing to transfer those. We do transfer those in Fulton, and the other
counties, I understand we do not do in Gwinnett, so it’s again it’s at the discretion of the
Tax Commissioner whether or not to do that. It’s perfectly fine according the bankruptcy
code and in fact it’s um, rule #3001(e). The other question you asked was the other
counties that we do business in and that’s Fulton, DeKalb, we’ve worked in ---
Musgokee, Hall, um, I know I’m leaving some off, Clayton.
Mr. Grantham: That’s good. My final and last question, Mr. Mayor, thank you
for this is it, when you foreclose on property, do you go through the same act as what we
69
have just done today in offering this on the courthouse steps and are those properties sold
under the same conditions.
Ms. Dean: First of all we cannot, we by statute cannot levy on the property.
What we would do, if someone hasn’t paid off within the statutory period of time, we can
do one of two things. We can work with either the Tax Commissioner or with the Sheriff
to be levy agent to do um, you know, the preliminary work, the title work and everything
an than we would have to bring it either to the Tax Commissioner or to the Sheriff and
they actually do the levy. We don’t do the levy. In some counties we act as levy agent,
Okay, we act as levy agent in Gwinnett County, we don’t act as levy agent in Fulton
County to give you and example. It just depends on the Sheriff typically or the Tax
Commissioner.
Mr. Grantham: Thank you, Ms. Dean.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor I’m gonna make this a brief as I possibly can. Mr.
Saul, what’s your collection rate I mean from what we collected already.
Mr. Saul: Through 19, through 20005 it’s 99.4%.
Mr. Williams: 99.4%. Okay. That’s very good. The young man that brought uh,
um a suggestion, not a suggestion but a comment earlier and I agree with him 100%, but
we’re not doing on those kind of things, the other things we can levy, we can give to
somebody that we can’t do anything with, to get them to handle it. But I think we’ve got
to be smart enough, the wheel has already been invented, we need to use the wheel, we
need some, we need to get aggressive on what we’re already doing out there. I think you
got a very good rate uh, uh, percentage wise, uh, Mr. Saul, there’s no knocking it, but we
ought put more of those properties up for sale and see how many, and we get serious we
gonna see how many more people than that thirteen this gentleman counted out, would
come to be serious as well. But I think that if there’s some stuff in legal that we can’t do
anything with, we might want to contract with somebody to get it off our hands that we
got to fight the battle in court. But I think if we get aggressive and use the same
aggressiveness that a firm or company we use here in this government, uh, I, I, think we
would see an increase. There’s are a lot of reasons for some of those taxes to be in a
position that it’s in, the reason it wasn’t paid. Some people go out of business. Some
people go bankrupt, that, that but 99, almost 99% of those people have some serious
issues when they don’t pay. So, I think Mr. Mayor we ought to receive this information,
I’m gonna make a motion that we look at something that wemay be able to
partnership with a firm with, but we need to get aggressive, put more on the
courthouse steps, say what we mean, mean what we say and do it. I think people
would come out and uh, uh, respond to that kind of tactic. That’s my motion.
Mr. Cheek: Second.
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Mr. Mayor: Commissioner Holland.
Mr. Holland: Uh, yes sir Mr. Mayor I have about two or three questions I’d like to
ask the lady and I was looking through the paper here to see if maybe some of you
already know this. First of all I just wanted to know, how long has this company been in
business, Vesta Holdings, how long have you been in business?
Ms. Dean: We’ve been in business since 1998.
Mr. Holland: Since 1998. Let me ask this question to and in reference to, and
this is to Mr. Saul, I understand that there are people in your department that collect
delinquent taxes. Is that not correct? Therefore, what, what I’m thinking about is that, if
there are persons in your department that collect delinquent taxes and if we hire this
particular company, and would this be one time deal for them to do that and if so, and if
it’s not, what’s going to happen to, or what will happen to those persons in your
department who are responsible for collecting delinquent taxes.
Mr. Saul: Coach, can you hear me?
Mr. Holland: Yes sir.
Mr. Saul: Good question. First of all, if I would contract with anybody it would
just be for a one-year basis to see how it worked out. Second question, as far a personnel,
personnel do have other duties to do in that department so they would not be out of a job.
Mr. Holland: So they won’t be affected.
Mr. Saul: Right, and I will address something that was brought up before by
Commissioner Williams about an increase in the number of levy sales, uh, I can let Mr.
Williamson and who is his delinquent tax director, collector comment to you about
additional sales.
Mr. Williamson: Uh, couple points I’d like to make. It might interest ya’ll to
know that in three months uh, July, August and September we collected $1,1000,000.00
through our collection efforts and levies. One of the things that I think is, got to be
understood here, is that they do not take any personal property or business personal tax
accounts. None, so, I mean, that’s constitutes the total of $6,184000.00 of personal
property is about $2,300000.00 of that so, I think we still got a lot to go but I mean it’s,
they’re only gonna take the real estate. And they’re only gonna take real estate of a
certain value, meaning that the accounts that we find hard to collect, they don’t want ‘em
either. So, um, I think what I’m trying to say is that by the time we did analysis, by the
time we take out the accounts that we do not wanna give to Vesta, the amount that’s left
we probably could collect that easily and, if --- to transfer these accounts. Another words
it’s gonna take about six months to get this done because software’s gonna have to be
written by somebody to accomplish this. It’s not just a matter of giving them some paper
work or a list and say this is it, you got it. It’s a lot more complicated than that so, uh, if,
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it’s been estimated it’ll take about six months to transfer the accounts. So it’ll be six
months before you get your money. And then when you get it, you’re only gonna get a
third, approximately of the transferred amount because the Board of Education gets the
rest. These are just points that you need to consider. Mr. Saul seems, implied that uh,
this would be a one-year deal but it’s not quite that easy. Once you start selling, if you
don’t go, the following year, then you subjugated yourself to second place and that’s not
very smart.
Mr. Mayor: Okay, we do need to move along on this, and I’ll get to Rev. Hatney
but, but, Mr. Williams has said it’s a six month turn around time, but Ms. Dean is that
typically the---
Ms. Dean: No, we typically um, on this volume, uh, would have no problem
doing our due diligence uh, within thirty days, less than thirty days actually. We have
been in discussion with Mr. Saul and the IT department regarding any software changes
that have to be done and um, we uh, took that to the folks in Fulton and, and presented
them with the issue and they made a suggestion of the hours that it would take. In fact we
offered to go ahead and work with the software company to get that done. So that’s not
a, in our opinion it may be uh, because we deal with IT all the time it’s not a really big
issue for us.
Mr. Mayor: Okay. Commissioner Hatney.
Mr. Hatney: I’d like to ask some questions of the young lady.
Ms. Dean: Yes, sir.
Mr. Hatney: Does this mean to your side and to uh, the tax commission side,
what is it that you can legally do that we can’t.
Ms. Dean: Well we, what we do is, we’re an investment company. And, we earn
the statutory interest on the deeds. We do enough volume in purchasing price aides that
we make a very small incremental spread that, but because we do so much business we’re
able to fund 100% of your delinquent taxes and then we collect them over time and um,
and we’re able to fund through private, through the bank that we have partnership with to
fund you immediately and then collect the taxes and still make a little bit of it enough to
keep the business going.
Mr. Hatney: You still didn’t answer my question. What is it that you can legally
do to collect taxes that we can’t?
Ms. Dean: We can find properties that are in bankruptcy and the Tax
Commission cannot levy on properties that are in bankruptcy so that’s one thing that, that
our company can do. You transfer the liens to us and we can fund you the properties that
are in bankruptcy that you can’t legally levy. That’s the thing one. Thing two we’re able
to fund 100% of the taxes that are, that are due for full face value as if the tax payer had
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paid them. So we’re able to give you the money to fund your ongoing operations for the
school system and for the county. And basically it’s a financing mechanism for you. It’s
like funding your receivables at 100%.
Mr. Mayor: Commissioner Brigham.
Mr. Mayor I’m gonna make a substitute motion that we have
Mr. Brigham:
the Tax Commissioner make a recommendation to us about which way he wants go.
So moved.
Mr. Williams:
Mr. Cheek: Second.
Mr. Mayor: Okay, we have a substitute motion on the floor and a second. Is
there is no further discussion Commissioners will now vote by the substitute sign.
Mr. Hatney abstains.
Motions carries 8-1.
Mr. Mayor: Commissioner Williams.
: Mr. Mayor I’d like to ask that we revisit item, get a motion to
Mr. Williams
revisit Item 22 please.
Mr. Mayor: Item #---
The Clerk: 22.
Mr. Cheek: Second.
Mr. Mayor: Thank you Mr. Saul.
Mr. Mayor: We have a motion and a second to reconsider Item 22 for the third
time. Is there any further discussion?
Mr. Cheek: The discussion is that we have, everybody’s been given a copy of the
legitimate date from the Board of Elections as to residency, voting records, so forth and
so on, etc., etc. The question should be answered.
Mr. Mayor: Commissioners will now vote by the usual sign.
Mr. Mayor: Ms. Beard, but you wouldn’t need to vote for yourself in that
situation?
Mr. Brigham, Mr. Smith and Mr. Grantham vote No.
Motion carries 6-3.
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Mr. Mayor: Commissioner Bowles.
Mr. Bowles: Thank you Mr. Mayor. A few minutes ago when I left I went down
to the Board of Elections to get some information on Mr. Stevenson and I applaud him
and his efforts to serve our community. I hope he’s still here. I think this might be a
thing which would be good for all citizens to give us a two week trial to see if we like it
or not. And you’d have a chance to get out of it if you didn’t, but um, yes it says he’s has
I’ll make a motion to approve Mr.
been a registered voter in District 4 since 96.
Stevenson.
Mr. Williams: Second.
Mr. Mayor: We have a motion and a second. Any further discussion?
Commissioners will now vote by the usual sign.
Mr. Brigham, Mr. Grantham and Mr. Smith vote no.
Motion carries 6-3.
Mr. Mayor: I didn’t come to the end of the agenda. I would look for a motion to
move into legal. Mr. Shepard.
Thank you uh, Mr. Mayor, members of theCommission I’d ask
Mr. Shepard:
for a motion to go into legal
. There is some potential litigation and real estate.
Mr. Williams: Before we go into legal, um, uh, Mr. Stevenson’s back, uh, he
went in the rest room uh, we gonna swear him into today or tomorrow or what?
The Clerk: We can.
Mr. Williams: Okay.
The Clerk: I got a judge down stairs on hold. She said she’d be willing to do it
but she had to go at 2. What a hearing?
Mr. Shepard: She may be in a hearing.
The Clerk: Yeah, but she said she’d do it.
Mr. Williams: Okay, well while we’re legal can you find out can she ---
The Clerk: Yeah, can I take him down or does she need to come up here?
Mr. Holland: That’d be good. Take him on down.
Mr. Shepard: He can do it down there. Do you have the right oath?
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The Clerk: ---is that the right one.
Mr. Shepard: As far as I’m concerned it is.
Mr. Williams: Give him the same one.
Mr. Mayor: Okay. Mr. Shepard.
Mr. Shepard: ---and oath to swear him.
Mr. Holland: Commissioners need to be commended.
Can we get a motion and a second to go into legal?
Mr. Mayor:
Mr. Cheek: So moved.
Mr. Williams: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by
the usual sign.
Motion carries 9-0.
[MEETING ADJOURNED AT 5:25]
Lena Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, herby 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 October 3, 2006.
________________________
Clerk of Commission
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