HomeMy WebLinkAboutCOMMISSION MEETING October 16, 2007
REGULAR MEETING COMMISSION CHAMBER
OCTOBER 16, 2007
Augusta Richmond County Commission convened at 2.00 p.m., October 16, 2007, the
Hon. Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Holland, Smith, Grantham, Harper, Hatney, Beard, Williams, Cheek,
Bowles and Brigham, members of Augusta Richmond County Commission.
The invocation was given by Minister Jean Callaway, Beulah Grove Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: All righty, everybody, since we’ve got what could be a bit of a long agenda
I’m going to go ahead and call the meeting to order. And I would like to call on Minister Jean
Callaway of Beulah Grove Baptist Church for the invocation.
The Clerk: I believe Cory Brown, Reverend Cory Brown.
Mr. Mayor: Okay, Reverend Brown, I apologize. I was just reading from this but it’s
right on something we’ve got to give you so please come forward and I’d ask everybody to
stand.
(Invocation given by Reverend Brown)
Reverend, we have a little something for you if you would please come forward. First of all we
thank you for pinch-hitting on this occasion but also, Be these present be it know, Reverend Cory
Brown, Beulah Grove Baptist Church is Chaplain of the Day for his civic and spiritual guidance
demonstrated throughout the community and serves as an example for all of the faith
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community. Given under my hand this 16 Day of October 2007. Thank you for that wonderful
prayer. (APPLAUSE). Madam Clerk, prior to getting to the delegations I think we have some
revisions to the agenda to discuss.
The Clerk: Yes, sir. Mr. Mayor and members of the commission, I call your attention to
our addendum agenda. Deletion from the agenda. We have a request from Attorney Clayton
Jolly for petitioner regarding item 35. He’s asking that this item be rescheduled to the next
commission meeting. He has just been retained as counsel for the petitioner. Under
presentations Mr. Tatt Thompson from the Augusta Exchange Club Fair, requested by
Commissioner Grantham. Our recognitions. Our Employee of the Month, our Retirement
recognition, two addendum items to consider request for purchase of tickets from the Tuskegee
Airmen Celebration and item 2 discussion of the drag strip study.
Mr. Mayor: Okay, is there any comment, questions? Commissioner Williams.
Mr. Williams: Mr. Mayor, I don’t know what this addendum 2 is, discussion of the study
but I think there ought to be something to go back to our full commission to talk to our full
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committee, Administrative Services or whatever. We voted on, that’s something that should’ve
been done. If we’re going to question the studies I don’t think we ought to do another study of
any kind because we can always question those. So you don’t have unanimous consent to add
that uh ---
Mr. Mayor: Number two.
Mr. Williams: --- number two. I got no problem with the rest of them but that one I do
have a problem with.
Mr. Mayor: Okay.
Mr. Brigham: Mr. Mayor?
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: On item 35, rather than delete don’t we need to postpone that?
The Clerk: We’ll reschedule to the next meeting.
Mr. Brigham: Okay, but I, okay I just wanted to make sure that it was being rescheduled.
By postponing I thought we would reschedule it automatically but by deleting it I didn’t know if
we have to re-advertise or anything.
Mr. Mayor: Okay.
The Clerk: Mr. Mayor, the objectors are here but I understand from Mr. Patty that there
are no objections to rescheduling it. Is that correct, Mr. Patty?
Mr. Patty: The objectors that appeared at our meeting, my secretary called them this
morning when I got the correspondence from Mr. Jolly saying that was the message that she got
from them that they would, you know of course prefer to hear it now and get it over with but
they could live it being postponed for awhile.
Mr. Mayor: Okay.
Mr. Patty: And you’ve got representation from Harrisburg now that we didn’t talk to
because I guess maybe you didn’t speak to me and I don’t know, I would propose speaking to
him.
Mr. Mayor: Okay. But are you okay with moving it to the next meeting sir? Okay. Do
we have any further questions, comments at the revisions to the agenda? Okay if I could get a
motion?
Mr. Grantham: So moved.
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Ms. Beard: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Motion carries 10-0.
Mr. Mayor: Okay, Madam Clerk, let’s go to the recognitions first, please.
The Clerk:
RECOGNITIONS
Employee of the Month
B. Ms. Wanda Elam, Lieutenant, 911 Center, September Employee of the Month.
The Clerk: At this time we would like to recognize our Employee of the Month. We ask
that Ms. Wanda Elam, Lieutenant with our Emergency 911 Center along with the director Mr.
Wasson and other employees of 911. If you would like to share in this recognition please join
the Mayor here at the podium. While they’re coming I’ll read the letter from our Recognition
Committee. Mayor Copenhaver. The Employee Recognition Committee has selected Wanda
Elam as the September Employee of the Month for the City of Augusta. Ms. Elam has been an
employee with the City of Augusta for twelve years. She currently works in the 911 Center as a
Lieutenant. Ms. Elam was nominated by co-worker Sheila Johnson. Ms. Elam was nominated
for her leadership qualities. She leads by example and always goes the extra mile. Her pride and
work ethics rubs off on everyone who works with her. She is highly respected as a supervisor
and gently guides them whenever they need assistance. The committee felt that based on this
nomination that Ms. Elam’s dedicated and loyal service to the City of Augusta we would
appreciate you in joining us in awarding Lieutenant Wanda Elam Employee of the Month.
(APPLAUSE)
Mr. Russell: Mr. Mayor, if I may. The people of 911 are integral to our emergency
services. They usually don’t get the recognition they need. They’re sort of the unsung heroes in
the emergency services. They’re the people that answer the phone, they’re the people that get
help on the way and they’re the people who have to deal with an enormous amount of stress and
an enormous amount of frustration on occasion and an enormous amount of abuse from our
citizens on occasion that can’t understand why people can’t just magically appear when they call
for help. Ms. Elam does a wonderful job down there and I’d like to personally thank her and the
other people at 911 for what they do and would like to make just one note for the record that
there are people still answering the phones, 24-hours a day, 7-days a week even while we’re
doing this recognition. Thank you. (APPLAUSE)
The Clerk:
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RECONGTIONS
C. Mr. Roger S. Tomlin, Sr., Director of Motor Vehicles, Tax Commissioner’s Office, 25
years of service.
The Clerk: Our next recognition is Mr. Roger Tomlin. Would you please join the Mayor
here, Mr. Tomlin, Mr. North Williamson, Commissioner Saul and any other members of the Tax
Commissioners office that would like to share in this presentation.
Mr. Mayor: All righty, I’ll go ahead and get started with it. Office of the Mayor
Certificate of Retirement given to Roger S. Tomlin, Sr., Tax Commissioner of Motor Vehicles
for 25 years of dedication, loyalty and service to the City of Augusta and the Augusta-Richmond
County office of the Tax Commissioner. Congratulations to you on this milestone achievement
or retirement. We extend to you our deepest appreciation for your devoted service and best
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wishes for an enjoyable retirement. Given unto my hand this 16 day of October 2007.
Congratulations. (APPLAUSE)
Mr. Tomlin: Well, it’s been a pleasure to work for Mr. Saul and Mr. Williamson for 25
years and it’s been a real honor to serve the taxpayers as well. It’s been a great part of my life
and I just thank everyone for the opportunity to have done so.
Mr. Saul: I just want to say thank you for all of your serving of the tax payers of
Augusta-Richmond County. Roger is a people person, he always helps the taxpayers and after
he retires I know if you want to call him he’ll refer you to the right person to help you. Thank
you very much. (APPLAUSE)
Mr. Mayor: Madam Clerk, let’s go to the presentation that was added. I was told it
would only take a minute. So if we could call, go ahead.
The Clerk:
PRESENTATIONS
A. Presentation by Mr. Tatt Thompson, Augusta Exchange Club Fair. (Requested by
Commissioner Grantham)
Mr. Thompson: Thank y’all so much for putting me on at this late date. But I am here
representing the Augusta Exchange Club Fair and we want to invite you all to a party. It’s a
party that’s been going on in Augusta since 1923 and that was the first year that the Augusta
Exchange Club Fair put on the Agricultural Fair that we’ve enjoyed in this community for many
years. I’m sure many of us grew up going to the Exchange Club Fair. What we have done, the
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fair opens on October the 25. That’s a Thursday and runs through November 4 which is a
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Sunday. We designated Sunday the 29 as Government Employee Appreciation Day. And what
we’re going to do on that day is any government employees and their family members are
admitted to the fair free. Rides, unlimited rides instead of being $15.00 will be $10.00 at that
time and we are, we’re doing this in appreciation for everything that y’all do for us within the
City of Augusta. I think it’s important to remember that there are about 140 folks that spend
about 10-days working really hard to pull this fair off. All the proceeds from this fair are given
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back to the community via various charitable donations that the Exchange Club gives to which
primarily have to do with youth programs and abused children. So what I have done, what
we’ve done is that we have about twenty posters and letters that explain this that we would
greatly appreciate it if y’all could get them driven down to, through the various departments to
where we could get this down to the rank and file, employees. We also have for the
commissioners, the Mayor, the various department heads, Clerk of the Commission, County
Administrators, anybody. But we’ve got packets for y’all that include about 100 free
admissions, passes to the fair for ya’ll to give out to church members, constituents whomever.
But we are the Georgia Carolina fair like I said it’s a big part of this community and uh, our
theme is “It’s Big Fun” and so we hope that y’all will take the time and come down and walk the
midway and enjoy the fair. So, Mayor Copenhaver, I’ve got these over here and if somehow
they could maybe through the Clerk of Commission to get this driven down.
Mr. Mayor: We’ll get it done.
Mr. Thompson: Thank y’all so much.
Mr. Mayor: And thank you so much. All righty, Madam Clerk, go on to the next
delegation.
The Clerk:
DELEGATIONS
D. Crystal Kemp/Heather Valentine
RE: Introduction of the Urban Environment Institute and its mission.
Ms. Kemp: Good afternoon.
Mr. Mayor: Good afternoon.
Ms. Valentine: I know we have five-minutes so I’ve wrapped it up what I want to say,
will get straight to the point and get out of your way. Good afternoon. My name is Heather
Valentine and this is Crystal Kemp. We are the Urban Environment Institute of Georgia. Thank
you for allowing us to address you this afternoon. Today we want to introduce you to the Urban
Environment Institute of Georgia, discuss one of our initial projects in Hyde Park, invite you to
participate in Hyde Park, excuse me in a Hyde Park community empowerment workshop that
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will be help Saturday, November the 10 and also discuss our interest in working with the IT
Department to provide computers and wireless internet access for Augusta’s low income
population. UEI is a non-profit organization dedicated to the preservation and improvement of
environmentally contaminated and disadvantaged communities. The guiding principal of UEI is
that the community residents should have informed and meaningful participation in all aspects in
decision making that affect their neighborhood. The mission of UEI is to provide communities
with the necessary information and tools to rid themselves of environmental contamination and
revitalize their neighborhoods for economic prosperity. The mission is accomplished by helping
the residents create a shared vision of successful revival, informing the community about
resources to help meet their specific goals, --- the community advocacy skills, building
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community capacity and providing technical assistance from a variety of sources to get the
community the best available practices. UEI is currently working to help clean out the Hyde
Park area.
Ms. Kemp: As a Hyde Park resident we build many public health issues such as snakes,
overgrown lots, dilapidated houses, mosquitoes and stagnant water. We would also like to take
care of these issues and help with the support of the community and we also would like to take it
a step further in the revitalization. UEI would like to revitalize and make Hyde Park and safer
living environment for its residents. As of right now there’s no relocation plan for the
community and we feel that while waiting for a relocation the residents shouldn’t have to live in
these conditions. Being that relocation has been deemed voluntary if and when it happens the
residents who chose to stay will be able to maintain a safe living environment. My son risks
getting bit by snakes and mosquitoes every summer. Is this the way a resident should have to
live? UEI wants to help me and my neighborhood clean and revitalize the community while
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waiting on relocation. On Saturday November the 10, UEI and other community groups will
host a community empowerment workshop at Cary Jenkins School. We’re inviting you, our
local elected officials and as well as Federal and State entities to participate in the workshop.
This workshop is to view the Spartanburg documentary, a model we want to use in Hyde Park
for revitalization. We will also take a tour of Hyde Park and afterwards have a round table
discussion and the discussion will be a step that can be taken for revitalization. The workshop
starts at 1:00 p.m. and ends at 4:00 p.m. with a light snack. Thank you, Commissioner Grantham
for agreeing to participate in the workshop. We invite the Mayor and the other commissioners to
participate in the workshop and tour and have a round table discussion as well.
Ms. Valentine: Last as you know wireless communities Georgia award the city a grant to
develop a wireless network. The project will be centered downtown. It’s my understanding
there are no provisions to include low-income residents in this project. We have submitted an
unsolicited proposal to the IT Department for consideration and funding. If funded UEI will
create a community technology center in Augusta’s low-income communities that will provide
communities, excuse me provide computers to low-income residents, deliver computer
technology training, create a computer refurbishment center, provide on-line and in person
technical assistance for students and adults and provide other services to increase employability.
We would appreciate the city’s funding for this proposal to provide computers and wireless
Internet access to Augusta’s low-income communities and we have submitted the unsolicited
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proposal and also copies of the flyer for Phase 1 and Phase 2 activities for November the 10.
Thank you very much for your time.
Mr. Mayor: Okay, thank you, ma’am. Okay, Madam Clerk, let’s go to the consent
agenda.
The Clerk: The consent agenda consists of items 1-34, items 1-34. For the benefit of any
objectors to our Planning petitions, when the petitions are read would you please signify your
objection by raising your hand.
Item 1. Is for a request for a Special Exception to establish a Family Personal Care Home
located at 2124 Harding Road.
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Item 2. Is a petition for a Special Exception to establish Transition Housing on property
located at 2136/2138 Circular Drive.
Item 3. Is a Special Exception to expand an existing church, including day care activities
for property located at 2033 Doris Road.
Item 4. Is for a change of zoning from a Zone A (Agriculture) to a Zone P-1
(Professional) affecting property located 3879 Belair Road.
Item 5. Is for a change of zoning petition for a Zone R-1A (One-family Residential) to
Zone R-MH (Manufactured Home Residential) affecting property located at 2313 Gaskill Road.
Item 6. A petition for a change of zoning from a Zone A (Agriculture) to a Zone B-1
(Neighborhood Business) affecting property located at 2620 Tobacco Road.
Item 7. Is a petition for a change of zoning form a Zone R-1C (One-family Residential)
to a Zone R-3C (Multiple-family Residential) affecting property located at 644 Crawford
Avenue.
Item 8. Is a petition for a change of zoning from a Zone R-1 (One-family Residential)
and Zone R-1A (One-family Residential) to a Zone R-1E (One-family Residential) affecting
property located 2349 Williams Street.
Item 9. Is a petition for a change of zoning from a B-1 (Neighborhood Business) to a
Zone B-2 (General Business) affecting property located at 2436 Windsor Spring Road.
Item 10. Is a petition amending the Comprehensive Zoning Ordinance allowing mining
and related activities in a HI (Heavy Industry) zone by Special Exception.
The Clerk: Are there any objectors to those planning petitions?
Mr. Russell: None noted, Madam Clerk.
The Clerk: Under our Public Services portion of the agenda, if there are any objectors to
our alcohol petitions would you please signify you objection by raising your hand.
Item 11. Is for an on premise consumption Liquor & Beer license to be used in
connection with the Hayloft Sports Bar & Grill located at 3179 Gordon Highway.
Item 12. If for an on premise consumption Liquor, Beer & Wine license to be used in
connection with the Ole Ole Mexican Bar & Grill located at 3064 Washington Road.
Item 13. Is for an on premise consumption Liquor & Beer license to be used in
connection with Club Nitro located at 2925 Peach Orchard Road.
Item 14. Is for a retail package Beer & Wine license to be used in connection with Kwon
Convenience Store located at 3184 Skinner Mill Road.
Item 15. Is for a retail package Beer & Wine license to be used in connection with Laney
Super Market located at 843 Laney Walker Blvd.
Item 16. Is for a Special Event Beer license to be used in connection with the Wild Wing
Café located at 3035 Washington Rd.
The Clerk: Are there any objectors to those alcohol petitions?
Mr. Russell: None noted, Madam Clerk.
The Clerk: Consent agenda items 1-34.
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Mr. Mayor: Okay, do we have any additions to the consent agenda? Mr. Cheek.
Mr. Cheek: Mr. Mayor, from Public Safety will offer items 40-43 for the consent agenda
if it pleases the body.
Mr. Mayor: Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. 49, 50, 51, 52, 53, 54, 55, 56 and 57 and also 61 and
62.
Mr. Williams: Mr. Mayor, if you could ---
Mr. Mayor: Commissioner Williams.
Mr. Williams: --- if you could repeat those numbers again. I wasn’t present at the
committee meeting but I got no problem but I want to make sure that I’m in agreement with
those. Could Mr. Smith repeat those numbers again for me it would help me a great deal.
Mr. Smith: Okay. Number 49, 50, 51, 52, 53, 54, 55, 56, 57, 61 and 62.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, I have items 58 and 59 down for discussion but I’d sure be
happy to fork over and just follow those.
Mr. Mayor: I don’t think we’re going to be able to get on that. Okay, Madame Pro Tem.
Ms. Beard: Yes, maybe one from the additions.
Mr. Mayor: Number one from the additions.
The Clerk: One from the addendum agenda.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Mr. Mayor, is there any reason why we couldn’t add number item 63 also
to the consent? I know I’m not on Engineering Services but that looks like a consent item to me.
Mr. Mayor: Okay, are there any further additions?
Mr. Russell: Mr. Mayor, given Mr. Cheeks ---
Mr. Mayor: Mr. Russell.
Mr. Russell: --- needs would it be possible to add 67 and have that approved to the
consent?
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Mr. Mayor: You’re reaching there, Fred.
Mr. Cheek: It never hurts to ask.
Mr. Mayor: Okay, if there are no further items to be added to the consent agenda are
there any items to be pulled for discussion? Commissioner Hatney.
Mr. Hatney: Item 66 is on the agenda and for activity and if nobody has any objections I
would like to send that to consent too.
Mr. Mayor: Do we have any objections? Okay, are any items to be pulled for
discussion? Commissioner Cheek.
Mr. Cheek: Mr. Mayor, item 10 and 17. I’d like some clarification on 10 and some
questions on 17.
Mr. Mayor: Okay, any further items to be pulled for discussion. Commissioner
Williams.
Mr. Williams: Mr. Mayor, I’d like to pull item 2, item 15, 23 and 24, 28 and 32.
Mr. Brigham: Mr. Mayor?
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: On second thought I think we do need to talk about the attorneys before
we hire them on item 66.
Mr. Mayor: Okay, do we have any further items to be added to or pulled? Madam Clerk,
because we have a big list on either side if you would read those back it would help us all.
The Clerk: Okay. We’ll go with those items that were added to the consent agenda,
which consists of item 1 from our addendum agenda, items 40-43 from Public Safety, items 49-
57 from our Engineering Services and items 61, 62 and 63. Items to be pulled for discussion,
items 2, 10, 15, 17, 23, 24, 28 and 32.
Mr. Mayor: Okay, if there are no further items to be added to or pulled I’d look for a
motion to approve the consent agenda.
Mr. Holland: So moved.
Mr. Smith: Second.
CONSENT AGENDA
PLANNING
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1. Z-07-88 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Eric and Brenda Edwards requesting a Special
Exception to establish a Family Personal Care Home per Section 26-1 (H) of the
Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property
containing approximately 4.9 acres and is known under the present numbering system as
2124 Harding Road. (Tax Map 110-1 Parcel 065) DISTRICT 6
3. Z-07-90 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Reverend Leonard Mole, on behalf of New Joy
Deliverance Church, requesting a Special Exception to expand an existing church,
including day care activities, per Section 26-1 (A) of the Comprehensive Zoning Ordinance
for Augusta-Richmond County affecting property containing 1.46 acres and is known
under the present numbering system as 2033 Doris Road. (Tax Map 086-2 Parcel 129)
DISTRICT 2
4. Z-07-92 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve with the following conditions 1) no expansion of the existing
structure 2) no changes to indicate a business except to provide parking as shown on
concept plan 3) no freestanding signage only a sign attached to the house and 4) the use of
the property shall be an office for a consulting business and it shall revert to the current A
(Agriculture) zoning if the proposed use ceases; a petition by Clifton & Pamela Hunter
requesting a change of zoning from Zone A (Agriculture) to Zone P-1 (Professional)
affecting property containing .72 acres and is known under the present numbering system
as 3879 Belair Road. (Tax Map 052 Parcel 014) DISTRICT 3
5. Z-07-93 – A request for concurrence with the Augusta-Richmond County Planning
Commission t approve with the condition that the property must be subdivided or the
existing house must be torn down before the manufactured home may be placed on the
property; a petition by Carl Gaskill, on behalf of Luther Gaskill Sr., requesting a change of
zoning from Zone R-1A (One-family Residential) to Zone R-MH (Manufactured Home
Residential) affecting property containing 2.81 acres and is known under the present
numbering system as 2313 Gaskill Road. (Tax Map 083 Parcel 018) DISTRICT 5
6. Z-07-94 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Lee Kitchen, on behalf of the Estate of Ella Clarke
Nuite, requesting a change of zoning from Zone A (Agriculture) to Zone B-1
(Neighborhood Business) affecting property containing approximately 1.28 acres and is
known as 2620 Tobacco Road. (Tax Map 140 Parcel 010-09) DISTRICT 4
7. Z-07-96 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Mark L. Wilhelmi, P.C., on behalf of Southern Bank,
requesting a change of zoning from Zone R-1C (One-family Residential) to Zone R-3C
(Multiple-family Residential) affecting property containing .23 acres and is known under
the present numbering system as 644 Crawford Avenue. (Tax Map 035-4 Parcel 168)
DISTRICT 1
8. Z-07-97 – A request fro concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Dennis Welch, on behalf of W.R. Investors, LLC,
requesting a change of zoning from Zone R-1 (One-family Residential) and Zone R-1A
(One-family residential) to Zone R-1E (One-family Residential) affecting property
containing 2.32 acres and known under the present numbering system as 2349 Williams
Street. (Tax Map 034-4 Parcel 025) DISTRICT 1
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9. Z-07-98 – A request fro concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Patricia Varnado requesting a change of zoning from
Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property
containing 1.0 acres and known under the present numbering system as 2436 Windsor
Spring Road. (Tax Map 131 Parcel 26.1) DISTRICT 6
PUBLIC SERVICES
11. Motion to approve a New Ownership Application: A.N. 07-44: a request by Carla
Butler for an on premise consumption Liquor & Beer license to be used in connection with
Hayloft Sports Bar & Grill located at 3179 Gordon Hwy. There will be Dance. District 3.
Super District 10. (Approved by Public Services Committee October 8, 2007)
12. Motion to approve a New Application: A.N. 07-45: a request by Marsha D. Raborn for
an on premise consumption Liquor, Beer & Wine license to be used in connection with Mi
Tequila, LLC DBA Ole Ole Mexican Bar & Grill located at 3064 Washington Rd. There
will be Sunday Sales. District 7. Super District 10. (Approved by Public Services
Committee October 8, 2007)
13. Motion to approve a New Ownership Application: A.N. 07-46: a request by Eykenia
Lawrence for an on premise consumption Liquor & Beer license to be used in connection
with Club Nitro located at 2925 Peach Orchard Road. There will be Dance. District 6.
Super District 10. (Approved by Public Services Committee October 8, 2007)
14. Motion to approve a New Ownership Application: A.N. 07-47: a request by Nam Kwon
for a retail package Beer & Wine license to be used in connection with Kwon Convenience
Store located at 3184 Skinner Mill Rd. District 7. Super District 10. (Approved by Public
Services Committee October 8, 2007)
16. Motion to approve a request by Jan Scholer for a One Day Special Event Beer license
for October 20, 2007 to be used in connection with Wild Wind Café located at 3035
Washington Rd. District 7. Super District 10. (Approved by Public Services Committee
October 8, 2007)
18. Motion to approve a request by Lydia Giusto for a Massage Therapy Operators license
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to be used in connection with Evoke located at 206 8 Street. District 1. Super District 9.
(Approved by Public Services committee October 8, 2008)
19. Motion to approve A/E services for locker room build out at Diamond Lakes
Community Center to The Woodhurst Partnership Architecture for $5,800.00 (Approved
by Public Services Committee October 8, 2007)
20. Motion to approve request to extend the contract between Augusta Regional Airport
and the LPA Group Incorporated. (Approved by Public Services Committee October 8,
2007)
21. Motion to approve a professional services contract for improvements to Meadowbrook
Park to Johnson, Laschober & Associates for $9,500. (Approved by Public Services
Committee October 8, 2007)
22. Motion to approve request to extend the contract between Augusta Regional Airport
and Parsons Brinckerhof Construction Services, Inc. (Approved by Public Services
Committee October 8, 2007)
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FINANCE
25. Motion to approve a request from Annette C. Robinson regarding a refund of
overpayment of property taxes in the amount of $60.00 (Approved by Finance Committee
October 8, 2007)
26. Motion to approve the abatement of property taxes for 2007 for the Augusta Boxing
Club, 1929 Walton Way. (Approved by Finance Committee October 8, 2007)
27. Motion to approve allowing the taxpayer the benefit of an S-4 homestead exemption,
not awarded due to illness; Map 34-1, Parcel 508; Martha Balk. (Approved by Finance
Committee October 8, 2007)
29. Motion to approve establishing a budget for EMA Flood Hazard Mitigation Grant
funded from contingency funds. (Approved by Finance Committee October 8, 2007)
30. Motion to approve a request for abatement of 2007 taxes from Greater Love Baptist
Church. (Approved by Finance Committee October 8, 2007)
31. Motion to approve refund recommendations from the Board of Assessors for five (5)
accounts. (Approved by Finance Committee October 8, 2007)
33. Motion to approve the purchase of one aerial bucket truck for Traffic Engineering
from Altec Industries, Inc., of Elizabethtown, Kentucky, for $87,088.00 (Lowest bid offer
on bid 07-149A). (Approved by Finance Committee October 8, 2007)
PETITIONS AND COMMUNICATIONS
34. Motion to approve the minutes of the regular meeting of the Commission held October
2, 2007)
PUBLIC SAFETY
40. Approve the Special Service Arrangement Agreements with AT&T (Formerly Bell
South).
41. Approve Lease Proposal with BSFS.
42. Approve contract with Twenty-First Century Communications to provide emergency
notification software and services to Augusta.
43. Motion to approve the acceptance of the 2007-2008-grant award to Richmond County
by the Council of Juvenile Court Judges of Georgia.
ENGINEERING SERVICES
49. Approve Joint Funding Agreement between Utilities and USGS for groundwater
monitoring.
50. Approve a construction contract to W.L. Hailey & Company, Inc., who submitted an
apparent low bid of $2,510,796.35 to construct Phase IV & V of the Rae’s Creek Trunk
Sewer Improvements.
51. Approve the deeds of dedication, maintenance agreements, and road resolution
submitted by the Engineering, and Augusta Utilities Departments for Cambridge
Subdivision, Section Nine.
52. Approve the deeds of dedication, maintenance agreements, and road resolutions
submitted by the Engineering, and Augusta Utilities Departments for Cambridge
Subdivision, Section Ten.
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53. Approve the deeds of dedication, maintenance agreements, and road resolution
submitted by the Engineering, and Augusta Utilities Departments for Cambridge
Subdivision, Section Six, Phase Two.
54. Motion to authorize condemnation of a portion of property #054-0-062-10-0 1725 Wylds
Road, which is owned by Dennis Brua, care of Cheri B. Bomar, for 21,229 square feet of
permanent easement and 11,288 square feet of temporary easement. AUD Project: 10151-
630 Water Main, Phase 2.
55. Motion to authorize condemnation of a portion of property #140-0-717-00-0 3977 Crest
Drive, which is owned by Phillip R. Joyner, for 4,366 sq. feet of permanent easement and
2,136 sq. feet of temporary construction easement. AUD project: 50202 – Horsepen
Sanitary Sewer, Phase 2.
56. Motion to authorize condemnation of a portion of property #139-0-287-00-0 3846 New
Karleen Road, which is owned by Michael Jones, for 1,999 sq. feet of permanent easement
and 999 sq. feet of temporary easement. AUD project: 50202 – Horsepen Sanitary Sewer,
Phase 2.
57. Motion to authorize condemnation of a portion of property #054-0-064-00-0 18110
Wylds Road, which is owned by Wylds Road Partners, LLC, care of Hock Development
Company, for 11, 084 square feet of permanent easement and 11, 258 square feet of
temporary easement. AUD project: 10151-630 Water Main Phase 2.
61. Ratify funding in the amount of $72,152.91 to Flowmore Services and Blair
Construction for the emergency line pigging effort to supply Fort Gordon with water.
62. Approve cost-share agreement for construction in the amount of $34,306.00 to Mr.
Jerry Greenway for the off-site sanitary sewer extension project in the Orchard
Subdivision
63. Approve payment to Reeves Construction Company for repairs made on Scott Nixon
Drive in conjunction with the 12” waterline break, in the amount of $43,825.41.
Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual
sign.
Mr. Hatney abstains.
Motion carries 9-1. [Items 11-14]
Motion carries 10-0. [Items 1, 3-9, 16, 18-22, 25-27, 29-31, 33-34, 40-43, 49-57, 61-63]
Mr. Mayor: What a way to start. Let’s go to the pulled items first, please.
Mr. Hatney: Madam Clerk, I abstain on the alcohol, please.
The Clerk: Yes, sir.
The Clerk:
PLANNING
2. Z-07-89 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by SCRA Community Outreach Initiative, on behalf of
13
Krishan Vaid, requesting a Special Exception to establish Transition Housing per Section
26-1 9g0 of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting
property containing .75 acres and is known under the present numbering system as 2316
and 2138 Circular Drive. (Tax map 098-3 Parcels 221 and 222) DISTRICT 2.
Mr. Mayor: Commissioner Williams, I believe this was your pull.
Mr. Williams: Yes, sir. George, I just need to know, we said Transition Housing. What
state, what kind what ---
Mr. Patty: This is a property that’s been zoned professional. It’s been used as a, for
counseling. It’s a building that, I suppose at one time was residential but it does not have a
residential. It’s very near Highway 25 and the Transitional Housing is a type of personal care
home but the stay is limited and I think it’s 90 days but I’m not for sure of that. I don’t have the
text ordinance with me. It’s a short period of time that the stay can be and uh, it’s clear, the
applicant understands that other zoning is required if these people are in any way tied to the
Criminal Justice System or Law Enforcement. In other words if they can’t walk away
voluntarily any time they want to than they can’t be in this type home. And the applicant is
probably here. We had that discussion on the floor in the meeting, she understands that and
there’s no objection.
Mr. Williams: Okay, do we have any objectors that came to the Planning and Zoning
George?
Mr. Patty: No, sir.
Mr. Williams: Okay. And I’ve got no problem I just wanted to make sure that what was
coming was within District 2 and what we need in there. We have had a lot of problems. We’re
in support of health and in doing what we can if that’s a 90-day stay, and that would be
monitored by who, George?
Mr. Patty: License and Inspection.
Mr. Williams: I’m going to make a motion to approve it but I would like some
stipulation and some report to come in.
People are afraid. I got a lot of calls, I’ve got some
inquires about what was being there but there ought to be some way of maintaining and making
sure that it’s a 90-day and not beyond that.
Mr. Patty: The applicant’s present and Mr. Williams there is a time period and I think
it’s 90 days it may be 120. She may know. I don’t have my ordinance with me so I can’t tell
you. It’s a short, relatively short period that they’re limited too.
Mr. Mayor: Ms. Burns, if you could state your name and address.
Ms. Burns: I’m Debra Burns. I live at 2121 Grand Boulevard Augusta, Georgia 30901.
14
Mr. Mayor: Did you want to answer the question with regards to the limit?
Ms. Burns: Yes, it’s a 90-day program and I think we can go up to 120 days but um,
everybody would be monitored. These people are free to walk out when they get ready to. I
brought you a brochure of the program that we’re having and it’s a program where we’re trying
to get Georgia to --- to Augusta and Augusta said they wanted something for Augusta. And this
for women, first in Augusta, for women getting out of prison. Everything’s going to be
monitored, we won’t have any problems. If we have any problems we will contact the 911. We
don’t foresee anything because we’re trying our children and our families back together in
society.
Mr. Mayor: Exactly. Okay.
Mr. Williams: Mr. Mayor, my motion was to approve. I just wanted to make sure that
License and Inspection who’s overburdened now with inspections and everything else, this is
going to be thrust upon them. There ought to be some way of making sure that Ms. Burns and
her staff don’t have any problems by making sure that somebody’s aware and abreast of
whatever’s going on. But my motion was to approve but I still want to know how it’s going to
be monitored and how many days what you know. A lot of times we get in here and we vote, it
goes out and it’s just out whenever it does that. So um, I’ve got no problem as long as we got a
stipulation where License and Inspection will have some kind of report on what’s going on, how
often or whatever it is. We can’t rely on the Sheriff’s Department. You know the Sheriff’s
Department is already saying they’re overloaded now, George, they ain’t going to be able to do
it.
Mr. Mayor: Okay.
Mr. Williams: We need some monitoring aspect.
Mr. Mayor: Okay. We have a motion to approve. Is there a second?
Mr. Hatney: Second.
Mr. Holland: Second, Mr. Mayor.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Motion caries 10-0.
Mr. Mayor: Two in a row? Thank you, Ms. Burns.
Ms. Burns: Thank you.
The Clerk:
15
PLANNING
10. ZA-R-182 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve an amendment to the Comprehensive Zoning Ordinance for
Augusta-Richmond County which would amend Sections 7, 24 and 26 to allow mining and
related activities in HI (Heavy Industry) Zones by right and in any zone by Special
Exception of certain objective criteria are met.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, my question and this is a byproduct of us having problems with
mines and runoff and re-vegetation plans. Does this mining activity include a re-vegetation,
restoration plan and a timetable with I guess, George, would set aside for 25% say done and
begin re-vegetating that um, you know move rather than mining the whole area then folding their
tents and moving out of town like we’ve seen in other cases?
Mr. Patty: In the zoning works right now you could mind in a Heavy Industrial Zone by
right or you can mine by Special Exception in an agricultural zone. And the ordinance was
changed back a long time ago to accommodate some people at a time when there was a fight
over the --- rights in south Richmond County. And the way this thing is written right now is the
Planning Commission can grant approval of mining in an agricultural zone and I don’t think you
all want it that way and frankly I don’t think we want it that way. So what we did was rewrite
the Special Exception as part of it to standardize the language with HI and also to standardize the
language with state law and we’ve got some objective criteria in it now which we don’t have in a
post event which we don’t have now as far as the distance from a house, distance from a
residential zone, distance from a property line before you can even apply for the Special
Exception agricultural zone. Now to answer your question directly no, Georgia has something
called a State Mine Land Act that’s administered by a group out of Macon. I think EPD is taking
that over and they’ve got specific standards for a plan and reclamation and that’s what I think it’s
addressed at the state level. But we don’t have any local rules on how you reclaim land and how
you mine it or anything like that.
Mr. Mayor: And you’re still on the clock.
Mr. Cheek:
Mr. Mayor, just, and I don’t think this is something we can address today
but just for a future commission in the Zoning and Planning Commission to address perhaps the
New Karleen Road mine, I think George you’re familiar with that and the problems we had with
getting it re-vegetated and the runoff addressed. We lost several homes and had some ponds and
other things damaged as a result of runoff from this property. Plus getting the state to act and
make the owners follow through so I would encourage the commission to take this back up at
some point in time and to perhaps duplicate the state’s laws to give more teeth to the local
government to help enforce re-vegetating these things that often become scabs on the land in the
But I move to approve.
city and not useful for anything in the future.
Mr. Mayor: We have a motion, is there a second?
Mr. Bowles: Second.
16
Mr. Mayor: Is there any further discussion? Commissioners will now vote by the usual
sign.
Motion carries 10-0.
The Clerk:
PUBLIC SERVICES
15. Motion to approve a New Ownership Application: A.N. 07-48: a request by Mahesh P.
Sutariya for a retail package Beer & Wine license to be used in connection with Laney
Super Market located at 843 Laney Walker Blvd. District 1. Super District 9. (Approved by
Public Services Committee October 8, 2007)
Mr. Mayor: Commissioner Williams, I believe this was yours.
Mr. Williams: Mr. Mayor, my question is uh, goes back to when we had the, I think this,
maybe not the same building but next door if I’m not mistaken. Which building is this, Rob?
Mr. Sherman: This is the grocery store in Armstrong Galleria.
Mr. Williams: The grocery store in Armstrong Galleria. We had someone to come
down, and I’m trying to think, I think it was right across from it’s the old Gurley’s Supermarket.
Still don’t make it no better, it’s still up the street but I mean, it’s not my district. I just want to
ask the question about it because we turned down two other applicants who came and applied for
alcohol in that same area. What would this do if we do this one versus to what the other one was
Rob?
th
Mr. Sherman: Okay, the location where we turned it down was 7 at Laney Walker
formerly I think, a hot dog stand.
Mr. Williams: Right.
Mr. Sherman: This is an existing location. They’ve had beer and wine the past several
years. So it’s just a new ownership.
Mr. Williams: I just want to that question clear. I’ve got no, no vote one way or the
other, Rob, I just wanted to find out because we had that other building come and we turned
them down because of the excess in that area. Right across the street is a facility were folks
stand on the corner, folks dropping cans everywhere, busting bottles, walking out with one bottle
at a time. It just makes for a bad situation. We turned down one. I just wanted to make sure this
wasn’t the same one that’s come back with a different name.
Mr. Mayor: Can we get a motion to approve?
Mr. Cheek: So moved.
17
Mr. Mayor: We have a motion. Is there a second?
Mr. Smith: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Mr. Williams and Mr. Hatney abstain.
Motion carries 8-2.
The Clerk:
PUBLIC SERVICES
17. Motion to approve a request by Charles Cummings for a reconsideration of the
revocation of the Business Tax Certificate of Super C Restaurant located at 2746 Tobacco
Rd. District 4. Super District 9. (Approved by Public Services Committee October 8, 2007)
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, I have mixed emotions on this issue but I thought I saw Mr.
Sammie Sias in the halls earlier. But I’d like to hear from the neighborhood alliance or some of
the neighborhoods in that way as to their feelings due to the fact they’re most impacted and I
promised them I’d protect them in the future.
Mr. Mayor: Mr. Sias.
Mr. Sias: Thank you, Mr. Mayor, commissioners. Sammie Sias, 3839 Crest Drive. And,
Commissioner Cheek, I appreciate the opportunity to address that. From the time that the Super
C restaurant was closed, restaurant and nightclub was closed we’ve had series of meetings with
him, other public officials, neighborhood folks around the area. And from all of that and from
the uh, what we feel now has been a sincere understanding of the issue by Mr. Cummings he
have no objection and we support the restaurant only. It has stipulations added to it one of the
things was parking. They’ve now got an additional written agreement with two of the
neighboring establishments for additional parking. So they won’t be out in the streets, the
business will close by 1:00 a.m., there will be uh, there was some question on this one particular
issue but these are voluntary submitted by Mr. Cummings is no teenagers or anyone under 21
after 10:00 p.m. That may have some questions from some folks but that was voluntary on his
part. Also he’s going to have a casual adult atmosphere. It’s a restaurant so it will be soft music
only. There will be no dancing or anything like that. He will conduct community activities that
will be conducive to the supporting of the surrounding neighborhoods. So at this point the
alliance, we have no objections to this restaurant.
Mr. Mayor: Commissioner Williams.
18
Mr. Williams: Thank you, Mr. Mayor. I know Charles is a good American and I see him
everyday but I just want to know what happened and I heard Mr. Sias talked about some things
that changed and Mr. Cummings have brought to the table. The Sheriff’s Department was in
here very adamant about this business. Now is this business just going to be a restaurant, I mean
I’m trying to figure out what this board is doing. Are we opening back up a spot that’s just going
to entertain adults 21 and over? When I say adults I mean I think, Sylvia, 18 you can frequent
some establishments. I just want to know what we’re supposed to be doing because the Sheriff
was here, everybody was even Mr. Sias was 30—days ago, was just totally opposite. Now
everything done flipped and changed and I’m glad to see it. I support closing the business then
and I still I don’t believe in playing games. I believe we ought to be true to what we say we’re
going to do. But if that’s going to be an establishment where people can come in and buy food
or is this going to be an establishment where you’re going to be able to buy alcohol or it’s going
to be an establishment that we’re just going to be able to. What will this be I guess my question
is.
Mr. Mayor: Mr. Cummings.
Mr. Cummings: Yes, sir, Honorable Mayor and Honorable Commissioners. Thank you
for this opportunity today. I submitted for a restaurant license only and I got a lot of folks
waiting to come in and support the restaurant and we’re looking forward to providing that
service and the reason why I decided not to let under 21 come in after 10:00 so that the
atmosphere could develop into the kind of atmosphere more conducive to what the community
wants. I’ve been working with Mr. Sias and other folks in the community and uh, they have
extended their hand of understanding and I certainly appreciate that and I’m looking forward to
getting back on the right track and working hard in the community.
Mr. Williams: Mr. Mayor, I thank Mr. Cummings and I believe he’s sincere but I need to
defer to the Attorney now because I don’t think, and I’m not a lawyer, been around a few of
y’all, y’all make a lot of money. I wish I was one but I don’t think you can ask for 21 or under
21 not to come in an establishment if you’re serving food. Now maybe that’s a new law, maybe
there’s something out there that you can determine. But if it’s a restaurant and someone under
21 comes in to make a purchase I don’t believe unless there’s something new, and it ain’t got to
be new it’s got to be a law. I don’t know, a lot of them I don’t know so if there’s something that
the Attorney can help me out with that.
Mr. Mayor: Mr. Boudreaux.
Mr. Boudreaux: As to the private establishment whether or not he can enforce it as a
business is one question. However we did look at the fact that his license would not be able to
be conditioned upon that remaining in place. I don’t think there would be any means by which
the county can enforce that or revoke a business license should he later ---
Mr. Williams: But, but my question to the Attorney is can he prevent anyone under 21
from coming in after a certain hour if he’s in the retail food business. Can he do that? Will he
stick by what he does? I just want to know does the law say that can happen. If that’s true then I
got no problem.
19
Mr. Boudreaux: I’m not aware of anything that would prevent him from having those
rules for his establishment. Being under 21, it’s not a protected class under any statutes and so
the business can do that.
Mr. Williams: I’m, Mr. Boudreaux, you really need to help me out here. I really need to
know ---
Mr. Mayor: Okay.
Mr. Boudreaux: Yes, he can have that restriction.
Mr. Mayor: You mean you can put a restriction on age if you’re serving food in a
building you can say only this age group can come in. And you’re the city attorney so I need
you to be correct on this. You explain to this board ---
Mr. Mayor: Okay.
Mr. Williams: --- that we can decide that anybody of a certain age after a certain hour the
owner can have just that age group to come in.
Mr. Boudreaux: There is no prohibition against discriminating against young people.
Mr. Mayor: Okay. Commissioner Smith and then I’m going to come back down that
way.
Mr. Smith: Thank you, Mr. Mayor. In speaking to the Sheriff today concerning some of
these stipulations I’d like to ask this question and maybe it will be Sammie or maybe it will be
you concerning this. I asked that we could have a report from the Sheriff’s Department every 90
days for the first year. Is it something like that one of the stipulations Sammie that is in your
contract?
Mr. Sias: No, there was, there is no stipulation as far as the Sheriff reporting to the
commission. However there are, you know the Sheriff was aware of this and there was no
objection from the Sheriff for the restaurant business.
Mr. Smith: Well, are there any objections to having something like that.
Mr. Sias: No, sir.
Mr. Smith: Would you add that to the stipulations with his permission and he’s agreed to
it?
Mr. Sias: Okay.
Mr. Mayor: Commissioner Brigham.
20
Mr. Brigham: Mr. Mayor, I was real interested with what Mr. Boudreaux said that we
cannot put stipulations on business licenses. Is that the case?
Mr. Boudreaux: We looked at the issue whether we could enforce that type of stipulation
and there is no clear authority that would suggest that the county could enforce that type of
stipulation on a business license.
Mr. Brigham: In fact we don’t even issue the health food permit to allow food service. I
believe the Board of Health issues that permit.
Mr. Boudreaux: That’s correct.
Mr. Brigham: The only thing we can do is issue is a business license as to whether or not
we have no control over issuing a business license except either to issue it or not issue it is my
understanding.
Mr. Boudreaux: That’s correct.
Mr. Brigham: Now it doesn’t make a whole lot of sense to me if we took this guy’s
business license away from him 30-days ago to turn around and be giving it back 30-days later
and the only thing that changes is we’re not selling alcohol. That don’t make a whole lot of
sense. Obviously we had a community problem there prior to and I suspect we’re going to have
a community problem there in the future. And this is one commissioner that’s not going to vote
to reissue a business license that we just took away from him 30-days ago.
Mr. Mayor: Okay. Commissioner Cheek.
Mr. Cheek: Mr. Mayor, just a couple points. One is the precedent is there with the
issuance of license, driver license, hunting license, license to fly that there be certain criteria in
that annual evaluations wearing your glasses, catching the proper game species. I’ll have to
differ with the fact that I believe we can make license conditional with the agreement of the
licensee. However my question on this is we have problems inside, or had problems inside and
for me to take this leap of faith will be exactly that a leap of faith since we’ve been together like
this about three or four times now. Is the handling of loitering in the parking lot, is that some
assurance that that will be taken care of and there will be no loitering of anyone 21 and older or
21 and younger in or around the parking lot.
Mr. Mayor: Mr. Cummings.
Mr. Cummings: Yes, sir. It stipulates in the written agreement that um, upon occasions
when we have a large number of patrons that we will employ security and um, keep the loitering
out of the parking lot and from the surrounding areas.
Mr. Mayor: Commissioner Williams.
21
Mr. Williams: Mr. Mayor, I need the Attorney if he will please give me a ruling. I don’t
think we can allow any business to discriminate of age, sex or anything else. I’m really
disappointed in that answer I got. So I’d like to see something. I know he’s got books and
ordinances and stuff. That really bothers me to think that we can sit here and say that we can’t
prohibit him or anyone else from discriminating young, old or anything else by age or sex or race
or anything else. And I’ve got a problem with that and I’d like to get something, maybe not
today but as soon as possible to see where Mr. Boudreaux is coming with that answer.
Mr. Mayor: Okay. Commissioner Beard.
Ms. Beard: Mr. Mayor, I’d just like to say Mr. Sias the president of the association has
come forth, you know to say that he can support this. And I can recall when he was totally
against it and I do know Mr. Cummings has spoken with many of us and uh, we sympathize,
we’re very sorry in reference to what happened in his place. But with this place just a restaurant
and with him stating all of the different things he’s willing to do to try to keep it from happening
again I do feel a need to support him at this time.
Mr. Mayor: Would you like to make a motion to approve along with that?
Ms. Beard: I so move.
Mr. Hatney: Second.
Mr. Mayor: We have a motion and a second. Commissioner Holland.
Mr. Holland: Thank you, Mr. Mayor. As one of the commissioners that voted for Mr.
Cummings to keep his license for his restaurant in the beginning because one, I did not want to
deny him of a livelihood. And I think that something that we really, really need to take under
consideration when a person is trying to maintain a livelihood and we take that away from them.
I think we’re treading on constitutional rights in that particular area. So it’s something we really
need to take a close look at. But one of the things that concerns me as I mentioned, you know
before is that I’m glad to see Mr. Cummings being able to get his license and to maintain a
livelihood. But what concerns me more than anything I don’t want Mr. Cummings’ restaurant to
stand out like a sore thumb and so that we would have to look for a report coming from him
every 90 days. Now if we’re going to have to get a report coming from Mr. Cummings every 90
days there are some other restaurants, some other businesses in that particular area should be
reporting also in reference to the conditions in reference to what is happening in their area. So
let’s not place Mr. Cummings out on the side and make him appear as if he’s one that we’re just
going to be observing at all times because there’s some other places there that we need to
observe so let’s just not put him in a basket, put him in a box by himself. There’s some other
places that have been mentioned in that particular area that have had some problems so I think
that’s something that we need to take under consideration in reference to his reporting to this
commission. I think we need to take under consideration that other businesses need to report
back to this commission also. So what is fair is fair and that’s my concern in reference to that.
Mr. Mayor: Okay. Commissioner Smith.
22
Mr. Smith: Thank you, Mr. Mayor. I withdraw that request. I did not just trump that up.
The Sheriff told me he would be doing that regardless and um, I wondered if he had put it in the
stipulation.
Mr. Mayor: Okay.
Mr. Smith: As part of my motion I’m requesting that. I’ll withdraw that.
Mr. Mayor: Okay, we have a motion ---
Mr. Commissioner: Call the question.
Mr. Mayor: We have a motion and a second. The question has been called for.
Commissioners will now vote by the usual sign.
Mr. Williams, Mr. Brigham, Mr. Bowles and Mr. Cheek vote No.
Motion carries 6-4.
Mr. Mayor: All righty, Madam Clerk, next agenda item.
The Clerk:
PUBLIC SERVICES
23. Motion to approve the renewal of a five-year lease with West Augusta Baseball, Inc. for
property located adjacent to Eisenhower Park. (Approved by Public Services Committee
October 8, 2007)
Mr. Mayor: Commissioner Williams, I believe this was your pull.
Mr. Williams: Yes, sir, Mr. Mayor. I understand this is a routine, it’s something we’ve
done in the past but my question is a five-year lease with anybody would be binding another
commission. Somebody needs to share with me what the rule states about the binding of another
commission and why we’re not heeding to that.
Mr. Mayor: Mr. Boudreaux.
Mr. Boudreaux: The uh, statute referred is OCGA 3630-3 and the statute interpreted
flexibly to allow a long term, longer term leases. Longer than one year which would otherwise
be prohibited and under case laws which I do not have copies with me real estate leases of five
years have to have proof even those exceed the length of the commission term.
Mr. Williams: I understand what he said but I don’t understand where we as an elected
body, Mr. Mayor, have the authority to do that if there is such a rule that, I mean we made an
exception in a lot of cases in this government but if that’s the case and my same question will
apply to twenty-four. We had a five year between the yards we dropped down and in the backup
23
it talked about a two and a one and a one-year agreement after that for three years. So I’m
wondering why we change up when it gets in a certain yard. I mean the ball gets hit out the field
it gets, what, what’s the difference. Somebody tell me the difference.
Mr. Mayor: Mr. Boudreaux.
Mr. Boudreaux: In addition in this lease as in the next agenda item there are provisions
that allow the commission to terminate the agreement prior to the end of the term and by doing
so you’re not binding further commissions from taking action to terminate the lease. So with
those provisions and a long-term lease it allows you to terminate the agreement. You’re not
binding the future commissions to that action.
Mr. Williams: But we’re binding to item 23, Mr. Mayor, and that’s what I’m trying to
get the Attorney to tell me the difference between. I know what we’re saying here and that’s
why I pulled it for. But why are we binding one with 24 and, what we got a two and one and
one, which equals to a five. In item 23 it’s just a five-year lease. What’s the difference? You
can’t bind a commissioner on item 24. You can’t bind them in item 23. I’m just trying to figure
out what’s the difference there and why is it brought that way.
Mr. Mayor: Mr. Boudreaux.
Mr. Boudreaux: The lease in item 23 does have a termination provision and there is also
case authority to allow you to bind further commissions if it is deemed reasonable. Obviously
lots of agreements go one year or two years. It just has to be reasonable under the circumstances.
But in item 23 there is actually a termination clause in there that would allow the next
commission to terminate it.
Mr. Williams: Mr. Mayor, I’m going to make a motion that we deny and redraw that,
bring it back the same as the other one the two one and one if necessary. I don’t think we can do
it one way on one hand then another hand we do another way. These items are back-to-back 23
and 24. My motion is to do a two year. I’m going to change my motion, Mr. Mayor. I’m going
to do a two year with a one, one and one the same as the other lease, which is going to end up the
same thing. If we’re going to play ball let’s play the same ball all the time. Let’s not change it
up.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Mr. Mayor I’d like to ask Mr. Boudreaux. Isn’t there a difference between
real estate leases and leasing or the providing of contracts to provide personal services in case
law?
Mr. Boudreaux: That is correct. And actually there is a statute that deals with different
types of agreements. Utility rates are on a separate vision as well and I do think that the case
laws interpret real estate leases that allow I believe up to ten years but certainly five years is
within the terms that are allowed for municipal governments to enter into.
24
Mr. Brigham: I’m going to make a substitute motion that we approve item 23.
Mr. Mayor: There was no second on the first one.
Mr. Brigham: All right then I’m going to make a motion that we approve item 23.
Mr. Cheek: Second.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I’d like for Mr. Boudreaux to help me with what
the ordinance says or what the law says about binding another commissioner. Now you’re
talking about land and services but I think it states about buying a commissioner it doesn’t
specify I don’t think now maybe y’all got something written down that I hadn’t seen that ---
Mr. Mayor: Mr. Williams, I think that Mr. Boudreaux has clearly stated that the action
being taken by the commission to approve this agenda item is fully within the law.
Mr. Williams: I asked about what the item or the agenda item states versus what the law
says about binding another commissioner. And that’s what I hadn’t heard, Mr. Mayor.
Mr. Mayor: Mr. Boudreaux.
Mr. Boudreaux: The provision that does not allow you to bind another commission does
not apply in this case with the real estate lease. Even if it does apply the case wouldn’t allow it
because there is a termination clause that would let a subsequent commission terminate the
agreement with their terms.
Mr. Grantham: Motion to approve.
Mr. Mayor: We’ve already got a motion and I believe we have a second. We have a
motion and a second. If there’s no further discussion commissioners will now vote by the usual
sign.
Mr. Williams votes No.
Mr. Holland abstains.
Motion carries 8-1-1.
The Clerk:
PUBLIC SERVICES
24. Motion to approve a concept of a two-year professional services contract for
advertising on Augusta Public Transit buses with Renaissance Marketing of Savannah,
Georgia. (Approved by Public Services Committee October 8, 2007)
Mr. Mayor: I believe we’ve covered this agenda item in the last discussion.
25
Mr. Williams: It was mentioned in the last discussion, Mr. Mayor. I guess I got another
question.
Mr. Mayor: Mr. Williams.
Mr. Williams: Thank you, sir. This marketing that we’re doing. Are we marketing just
with a company out of Savannah or are we marketing, I guess, Heyward, made me ask this
question. What exactly are we going to be marketing with this contract?
Mr. Mayor: Mr. Johnson.
Mr. Johnson: Mr. Williams, we will be marketing on the interior and exterior of the
Augusta Public Transit vehicles similar to what you have mentioned in other areas. But there
will be guidelines that will be set upon as to no alcohol, no tobacco, no immoral or vulgar type
language. All of that will be written into the contract. Also so that I would be the point of
contact for any such type advertising actually where the advertising would be placed on the bus
that I would be able to look at it first.
Mr. Williams: So, Heyward, this company coming out of Savannah is doing this, right?
Mr. Johnson: Right, sir.
Mr. Williams: Okay.
Mr. Johnson: They are also doing the service for the transit system down there also.
Mr. Cheek: Move to approve.
Mr. Grantham: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Motion carries 10-0.
The Clerk:
FINANCE
28. Motion to approve the purchase of one Explorer for the Coroner’s Office for
$20,733.00 (Lowest bid offer on bid 06-183). (Approved by Finance Committee October 8,
2007)
Mr. Mayor: Commissioner Williams.
26
Mr. Williams: Mr. Mayor, I wanted to know were we trading in because I think we just
bought a new Explorer for the Coroner I think the beginning of the year. I see Mr. Crowden, he
might be able to help us out with that. Are we downsizing, we getting a larger vehicle, no, we
not getting an Eddie Bauer edition so I ---
Mr. Mayor: Mr. Crowden.
Mr. Crowden: The Coroner’s office is staffed with one coroner and two deputy coroners.
They have a total of three vehicles. The third vehicle was a General Fund vehicle, which was
passed over to him for a second deputy. What we’re doing is taking that ’98 Explorer, taking
that and putting it, I’m going to reassign it to another general fund activity that has a need for it
and he’s purchasing a new Explorer to replace that one. It was approved in his 2007 capital
outlay budget, which you all approved for him so he’s just executing his budget right now.
Mr. Williams: So we’re spending some money we don’t need to spend because he’s
using this Explorer in another department. We’re going to transfer it over and rather than leave it
where it is we’re going to let somebody else drive it and let the Coroner get a new one.
Mr. Crowden: In essence that’s correct. I’ve got some ’94 Crown Victoria’s that are
falling apart on the road that I could really use this Explorer to replace one of those for.
Mr. Williams: I ain’t seen a Crown Victoria fallen beside the road in forty yearsman.
Mr. Mayor: Can we get a motion on this?
Mr. Grantham: Motion to approve.
Mr. Cheek: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Motion carries 10-0.
The Clerk:
FINANCE
32. Motion to approve the sale of six trailers for $200.00 each. (Approved by Finance
Committee October 8, 2007)
Mr. Williams: I wondering ---
Mr. Mayor: Commissioner Williams.
Mr. Williams: --- a little bit about the trailers. What trailers were those? I though we
had to bid, I thought anything that was sold in this government had to be bidden out and give
27
anyone the opportunity to bid on versus just out selling them to anyone. I know the Attorney got
an answer for that but I’d like to hear it.
Mr. Mayor: Do we have somebody from staff to speak to agenda item number 32 the
motion to approve the sale of six trailers for $200.00 each? Yes, sir, Drew.
Mr. Goins: As the agenda item states the Procurement Department sites the regulation
that authorizes the sale of municipal property on the open market without advertising, without
bids if the property is worth less than $500.00.
Mr. Williams: Drew, who determines what it’s worth? Purchasing? Who determines
that it’s less than $500, I mean less than $500.00. Who makes that decision?
Mr. Goins: I think the offer was $200.00. That was probably the determining factor. I
don’t know that to be correct but that’s an assumption on my part.
Mr. Williams: Who makes the decision? That is you said under $500.00, you know the
rules say you can do that. But my question was who, the Mayor ---
Mr. Mayor: That wouldn’t be me.
Mr. Williams: --- the Mayor Pro Tem? Who decides the value is what I’m asking. I
know that’s a hard question but somebody got to look at them and say.
Mr. Goins: Well, I have looked at them. I’m not an expert but uh, the value of $200.00
seems to be pretty appropriate to me. They’re in very much disarray, disrepair, windows broken
out things like that and it would probably cost more than $200.00 to get them moved off our
property.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor my concern is and again based on history we had someone out on
the, toward the end of Karleen, New Karleen and Tobacco Road renting trailers that seemed
exactly the same to people. I once saw someone cooking with a charcoal grill inside of a trailer
with no windows and living there. If we’re going to resell these trailers to the person who was
apparently was just renting them and they’re in such dilapidated state aren’t we about to return
slum property back to be used in the public. And these properties are typically the ones we get
the most police calls to and have to clean up the most and deal with the most as a community that
the value of the property surrounding them the most. Why I’d like to make some money and
Drew is exactly right, it’ll cost more to salvage and get them off the property. My concern is if
we return these back to the original renter who rented them and what I’m assuming to be
questionable status then what’s to say those won’t be repainted, some plastic put up over the
windows and then re-rented again.
Mr. Mayor: Mr. Russell.
28
Mr. Cheek: Mr. Mayor, can I conclude?
Mr. Mayor: Please.
Mr. Cheek: Just to conclude. Quoting the person who said that when questioned about
the house that didn’t have electricity, water or gas when they were burning the fire inside the
trailer that he was “providing a public service”. This kind of living standard is not a public
service and it concerns me that we may allow these to be re-circulated back out in the public for
people to live in.
Mr. Mayor: Mr. Russell.
Mr. Russell: It’s staff recommendation we recoup $1,000.00 by getting rid of the trailers
for $200.00 a piece and that meets our purchasing guidelines. There’s some concern there you
know, for a $1,000.00 I’m not going to sit here and argue about that. We’ll just go ahead and
have the trailers destroyed and made into trash, garbage at this point. Either way we just need to
move the trailers off our property.
Mr. Mayor: Okay, Commissioner Cheek.
Mr. Cheek: Mr. Mayor, I do know that we have people that are cutting live wires in this
city to recycle the metal and make money of them and these things have metal skin. Perhaps
there may be some salvage value to them. That would accomplish the recouping of costs for
moving them. I’m not sure, I can’t in good conscience allow these things especially this person
was still collecting the rent for the city after the city purchased the property and assisting with
that. Correct me if I’m wrong but this sounds like some of the same slumlord conditions that
we’ve seen in other areas that are just a blight on the community and my concern is that maybe
we look at other ways. We need to get them off the property, we need to get the property
cleaned, the city of course needs to recoup some money but I just don’t want to see us recycling
a cancer on the community.
Mr. Mayor: Drew.
Mr. Goins: Mr. Cheek the trailers were in reasonable rental condition. It’s only since
they’ve become vacant that they’ve become in disrepair.
Mr. Mayor: Mr. Russell.
Mr. Russell: If the motion is to deny this request we will take the appropriate action by
declaring the trailers no longer surplus but declaring them waste, recycle and get out of it. I mean
that’s, either way.
Mr. Mayor: There’s no motion at this point. Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. Drew, are these the ones on Cemetery Road out
there?
29
Mr. Goins: Yes, sir.
Mr. Smith: They need to go.
Mr. Goins: I agree.
Mr. Smith: They need to be crushed.
Mr. Mayor: That sounds like a motion almost there to me.
Mr. Cheek: Motion to make other means is that what, Mr. Smith?
Mr. Mayor: Mr. Smith, would you like to make a motion on that?
Mr. Smith: I would like to make a motion.
Mr. Russell: Consider it surplus and we declare them scrap and move on.
Mr. Mayor: Okay. Commissioner Smith, would you like to make a motion to declare
them scrap and have them removed.
Mr. Smith: Yes, I just did.
Mr. Cheek: Second.
Mr. Mayor: We have a motion and a second. I bet there’s no further discussion.
Commissioners will now vote by the usual sign.
Mr. Brigham, Mr. Bowles and Mr. Grantham vote No.
Mr. Hatney abstains.
Motion carries 6-3-1.
Mr. Mayor: I believe that’s the last of the pulled agenda items, Madam Clerk.
The Clerk: Yes, sir.
Mr. Mayor: On to the regular agenda.
The Clerk:
ADMINISTRATIVE SERVICES
36. Motion to approve EEO Policy and Procedures.
Mr. Holland: So moved.
30
Ms. Beard: Second.
Mr. Mayor: We have a motion and a second. Is there any discussion on this issue?
Hearing none commissioners will now vote by the usual sign of voting.
Motion carries 10-0.
The Clerk:
ADMINISTRATIVE SERVICES
37. Discuss the screening process for ARC job applicants in association with the ARC
Landfill incident. (Requested by Commissioner Marion Williams)
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I’ve been really puzzled with this one and I
understand how much we have paid an internal auditor to go around and look at the different
departments. When I heard the statement that that person changed the numbers on the I guess
social numbers that came back a different person that should’ve raised a flag and that told we
told me we don’t have a process in place to prevent. I can’t see how that much money goes
through the landfill and we don’t have somebody to check and recheck that department. So Ms.
McCauley and Mr. Burns are here but I’d like to know what the process is to look for something
wrong when somebody can get to that point. Didn’t do the background check or the background
check didn’t come through but we placed him in charge of monies. We place him there to
collect for this city and uh, this, this incident happened so I need to know what’s the process.
Mr. Mayor: Okay and Mr. McCauley I do want to hear from you gentlemen but at the
advice of the Attorney I would just advise that we do not discuss any individual personnel on
this. If we are to do so we need to take it into legal. Go ahead.
Mr. McCauley: Mr. Mayor, members of the commission. Mr. Williams, in answer to
your question you’re exactly right. That person with the first observation of the application
process when it came in it should have been noticed and it was my understanding that there was
a series of situations where everyone missed certain things that would’ve been red flags that
would’ve went up and in a sense that person should not have hired in that area. Our situation
suggests that when an individual going into a situation where money is being handled, law
enforcement or working around children criminal background checks are an essential part of the
process that starts and stops it. Apparently that didn’t happen. The HR Department, the person
supervising that person including myself bear some responsibility to suggest that it was
overlooked. An unfortunate situation, it was overlooked. I do agree once reviewing that
application again a few days ago the first thing that struck me was the fact that the person,
someone should’ve raised a flag and we constantly have employees coming to us and saying hey,
I see something that’s not right. I see something that needs to be checked twice. Apparently that
didn’t happen and please understand ladies and gentlemen we working in a society where we’re
dealing with humans. People can overlook things. This happened, we bear the full responsibility
of it because the persons, as you said, Mr. Mayor, we’re not going to mention names that was
31
responsible in a sense to review the application as someone is now is no longer with us and was
eventually terminated for another offense. In a sense you’re correct again. Vigilance should be
to review these situations a little closer. We have put into place certain things that now say a
criminal background check must have social security, drivers license attached to it and it must be
notarized. This is a request from the Richmond County Sheriff’s Department that we notarize all
those requests to make sure that this process is done and completed. We also ---
Mr. Williams: Mr. Mayor, if I can interrupt ---
Mr. Mayor: Commissioner Williams.
Mr. Williams: --- just for a minute. Now, Moses, if that had been one or even two but a
series of things happened. We placed this person, or we placed a person in a position that’s
going to be collecting thousands of dollars monthly then nobody, even at that particular site had
the fortitude to go and check behind. Had to cancel checks not being a problem. We don’t know
how much and I heard this song before and it’s a sad song y’all singing about how we should
have done it. Now you got all this technology I’ve been told, Mr. Cheek, that this government IT
Department is one of the best in this area. So we got all of this stuff that could send memos and
computers and touch bases and talk to people across the country. How in the world did we let
this kind of stuff happen and this ain’t the first time. Mr. Mayor, you weren’t here but we had a
young man that owed this city let’s say $280,000. I asked how did it get to this point. Because
somebody should’ve stopped him when it got there. He should’ve stopped way before it got to
that much. So and it happened in the landfill so something wrong we’ve got to get a handle on
and change the situation that’s over there now do we going to end up with the same thing
happening again. And we paid auditors to go in there and put stuff in place. But none of that
worked. And I know, Mr. McCauley, you’re right, we’re dealing with people and people are
going to find a way. But I mean people get out of jail everyday they escape but the jail always
find a way to go back and fix their spot and maybe they come up with another one. But this is
the same thing that happened before, Mr. Mayor. I don’t know what we can do today, the horse
is out of the barn but something needs to happen. This ain’t just that person that’s responsibility
that was there. Somebody else ought to bear some of this burden as well.
Mr. McCauley: You’re right, Mr. Williams.
Mr. Williams: So what’s going to happen. I’m right, so what’s going to happen, Mr.
McCauley.
Mr. McCauley: We have put in place as I earlier stated certain things that will be in place
particularly the notarization of the form that goes to the Sheriff’s Department prior to anyone
coming into this government. That’s in place right now and this is a mandate from the Sheriff’s
Department. We had started attaching a copy of those informations to those forms. At this point
in time I can clearly say that that’s exactly what going to happen, it’s happening now and we will
continue to do that. Again you’re dealing with people and all it took in the last situation was for
someone to simply pay attention and report it. That didn’t happen.
Mr. Mayor: Commissioner Smith.
32
Mr. Smith: Thank you, Mr. Mayor. What was the net loss on that? I know the gross was
about $71,000, was it not?
Mr. Mayor: Mr. Russell.
Mr. Russell: Yes, sir, the gross loss including checks was approximately $71,000. The
net loss in cash was approximately $12,000.
Mr. Smith: Net loss was what?
Mr. Russell: Approximately $12,000 in cash not recovered.
Mr. Smith: The $12,000, will the company, will the county be reimbursed for that
through this person?
Mr. Russell: It would be our, it would be our hope that through the court process they
would be required to make restitution if found guilty.
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: Mr. Mayor, I’m a little set back because I thought you said to us that the
Attorney said not to discuss this out here and we’re still doing it.
Mr. Mayor: I think we’re skating on thin ice here. I would look for a motion to receive
this as information.
Mr. Bowles: So moved.
Ms. Beard: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Motion carries 10-0.
The Clerk:
ADMINISTRATIVE SERVICES
38. Consider a request from MACH Academy for reconsideration of funding from the
2008 CDBG Program.
Mr. Russell: Mr. Mayor, if I may.
Mr. Mayor: Mr. Russell.
33
Mr. Russell: The 2008 CDBG budget will be presented in the Administrative Services
Committee at its next meeting. I think it would be premature to talk about reconsideration when
we haven’t had a consideration yet. I would suggest that be referred back to committee.
Mr. Hatney: So moved.
Ms. Beard: Second.
Mr. Mayor: We have a motion and a second. Commissioner Cheek.
Mr. Cheek: Mr. Mayor, I wouldn’t, I don’t oppose this going back to committee but I
think that a public statement is due on behalf of MACH Academy. This is the flag ship of
success both in a public private partnership and utilization of public assets to take children that
are at risk and give them something to do, give them role models and encourage them towards
their education which in every case if you visit MACH Academy you will see a place where
they’ve taken every dime that we have passed on to them and not gotten the lowest bid garbage
but the finest equipment. And then you’ll find the staff that has the highest level of commitment
to the kids that are there and the kids who in turn aspire and achieve greatness through education
and athletics. Unparalleled in the city and as this is reviewed and comes back I for one don’t
think we should take the flagship and zero it out for the coming year. They should at least be
entitled to the same level of funding in this coming year.
Mr. Mayor: Okay, and let me say, Mr. Cheek, I appreciate your request but in order to be
fair to all groups that are looking at the CDBG funds I think that they will have an opportunity to
speak when we bring it back through committee. So I think to be fair to all the groups it would
be best to do it that way. Commissioner Cheek.
Mr. Cheek: Mr. Mayor, and I don’t disagree with the fact that we need to be fair and
equal but we as leaders of this community if there is a doubt with this particular group I for one
have seen the performance of some and of others. There’s a clear delineation between the
performance of this group and the performance of other groups who have been on the public
payrolls if you will for a number of years. This group produces. If we have any doubt as leaders
we need to go see for ourselves and there will be no doubt that this is one that should be help up
as an example for the remainder to follow, an example of success in Augusta Georgia for not
only Augusta but for other cities to follow as well. This is the model we want the rest to follow.
Mr. Mayor: I for one am well aware of the positive impact that MACH Academy has on
the community. Commissioner Holland.
Mr. Holland: Thank you, Mr. Mayor. I had an opportunity to go over to MACH
Academy a couple of weeks ago and sit in and watch young people come over and play tennis.
And we had about I guess two, three, four, five hundred tennis players coming in from all over
the state and what I heard was from the people around the state stating that this was one of the
finest facilities we have in this area. And having someone working in and volunteering in this
particular position and not being paid for it I mean it just blows your mind to know that someone
continue to go out and do this work all the time and we’re not supporting this particular, this
34
particular venue. I also had an opportunity to speak with Mr. Wheeler and Mr. Wheeler has
assured me that for the future very, very soon that they’re going to make sure that we get some
kind of funds for MACH Academy because if there is a facility that is needed. And one of the
concerns about it is that not only do we have students in there from one district we have young
people participating in several different districts. Therefore it behooves all the commissioners in
this area to go over and take a look at and see what’s happening over there and to vote and try to
get some funds for this facility because in speaking with some folks from Atlanta and people
from some other parts of the State of Georgia stating the fact that we have one of the best
facilities in the state and they are happy to come and be a part of it. I think we need to continue
to work toward helping that facility to grow. And like I said in speaking with Mr. Wheeler he
said he was going to do everything he possibly can in order to get that place fine, get some funds
for the MACH Academy which is a, which is needed and I think if you haven’t been over there
you need to go over there and take a look at it. So when you see it for yourself you’ll know what
we’re talking about. Thank you, Mr. Mayor.
Mr. Mayor: Okay. Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. I just wanted to second what Commissioner Cheek
said. This is definitely a model for Richmond County and I wholeheartedly support this lady.
Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Motion carries 10-0.
The Clerk:
ADMINISTRATIVE SERVICES
39. Approve Retirement of Ms. Juanita Dantzler under the 1977 Pension Plan.
Mr. Brigham: So moved.
Mr. Cheek: Second.
Mr. Mayor: We have a number of first and seconds. Is there any conversation on this?
If not commissioners will now vote by the usual sign.
Motion carries 10-0.
The Clerk:
PUBLIC SAFETY
44. Discuss proposal from Gold Cross EMS for medical service.
Mr. Mayor: Mr. Russell.
35
Mr. Russell: Mr. Mayor, at the Finance Committee meeting last week I was able to
present this. What Finance directed me to do was come back with an actual formal agreement
between Gold Cross and our city. What they are attempting to do is extend their contract. Until
that actually becomes available I believe it would be somewhat premature to discuss that. What
they have offered the letter should be in your book is to continue the contracts. They have not
raised their price this year and they anticipate a $50,000 decrease the next two years and a level
funding for the year after that. We are still talking about that and I would like to bring that back
as a formal proposal I think, would you give me 60 days, commissioner I believe if I remember
correctly. The reason it was here on today’s agenda because it was listed both under Finance and
Public Safety.
Mr. Mayor: Okay. So what are you looking for a motion to do, Mr. Russell?
Mr. Russell: To follow the direction of the Finance Committee and request that I come
back within the timeframe, established by the Finance Committee with a formal proposal from
Gold Cross.
Mr. Cheek: So moved.
Mr. Mayor: Okay is there a second?
Ms. Beard: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign.
Mr. Williams abstains.
Mr. Holland out.
Motion carries 8-1.
The Clerk:
PUBLIC SAFETY
45. Consider a request from the Chief of Police from Wrens, Georgia for assistance in
obtaining a K-9 vehicle for his department.
Mr. Williams: So moved.
Mr. Cheek: Second.
Mr. Mayor: We have a motion and a second.
Mr. Williams: Do you need a canine to go with it in the car?
Mr. Mayor: We have a motion and a second. Is there any further discussion?
36
Mr. Brigham: Mr. Mayor, are we selling this or are we just giving it to them or what?
Mr. Mayor: Mr. Russell.
Mr. Russell: It’s been our practice in the past if we had a request like that we’ve give
them the vehicle.
Mr. Brigham: Just give it to them?
Mr. Russell: That’s been our practice in the past.
Mr. Brigham: Okay.
Mr. Mayor: And Commissioner Williams in throwing in a dog to go with it. If there’s no
further discussion commissioners will now vote by the usual sign.
Mr. Brigham, Mr. Hatney and Mr. Bowles vote No.
Mr. Holland out.
Motion carries 6-3.
Mr. Mayor: Please note that Commissioner Williams was the last to vote because he was
considering that he might really have to give away one of his dogs on that. Next agenda item,
Madam Clerk.
The Clerk:
FINANCE
46. Consider a request from Ms. Ann Johnson, President of Augusta (GA) Chapter, Links
Inc. regarding the abatement of their 2007 taxes for property located at 2327 Gardner
Street. (No recommendation from Finance Committee October 8, 2007)
Ms. Beard: Well, I move for approval.
Mr. Cheek: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioner Brigham.
Mr. Brigham: Mr. Mayor, as I understood it this is a piece of property that I’ve seen the
letter from the assessors that says it’s not valued correctly. And there’s also some question of, in
my mind if we start this practice we’re on a slippery slope but where does this practice end? I
don’t think that we have done an abatement of this type of tax to any organization that has not
been using it as their headquarters or for religious services and I think this is a bad, bad
precedent to start.
Mr. Mayor: Mr. Hicks.
37
st
Mr. Hicks: Mr. Mayor, on January 1 of 2007 the property in question was not utilized
for a qualifying use. The entity is a tax-exempt entity that was chartered in late 2006. They
acquired the property in December of 2006 but on January 1, because of its condition it was not
being utilized it was not habitable. They actually procured permits I believe in July of this year
to go in renovate the property and at some point in time when that renovation is complete they
will be able to dispense the charity for which they have been chartered which is to provide
homeless, the homeless with shelter. But on January 1 of this year they were not in a position to
dispense that charity therefore they would not qualify. However in looking at the property and
noting the various changes that they are making to the property it does appear to me that the
value that was placed on there was overstated. And I do believe there is some basis for making
an adjustment based on the physical condition of the property. Previously the property had been
valued at $23,600. I really think a value of $4,000 is more appropriate for this property. If you
calculate the taxes that would be due on that instead of a tax liability of $421.34 you’re probably
looking at $138.69 with the fee in there for refuse collection. So it would be my
recommendation to the commission that they consider an abatement for the difference in those
taxes based on the condition of the property on January 1.
Mr. Mayor: Would you like to amend your motion, Ms. Beard?
Ms. Beard: Oh I, well yes and I would like to say is I appreciate the fact that you’ve gone
back and done this. And I just think we want to be considered a community that cares. And
when we have non-profit organizations coming and coming before us so that they can help others
in our community. We need to bend over backwards and do all we can to help them because
that’s they type of community we want to live in.
Mr. Mayor: The motion has been amended to take Mr. Hicks’ recommendation. Is there
any further discussion?
Mr. Russell: Mr. Mayor, for the record ---
Mr. Mayor: Mr. Russell.
Mr. Russell: --- my concern for the record.
Mr. Mayor: Okay. If there’s no further discussion commissioners will now vote by the
usual sign.
Mr. Holland: We voting on Ms. Beard’s?
Mr. Grantham: The amended motion.
The Clerk: The amended motion, which would be the recommendation from Mr. Hicks.
Mr. Mayor: Yes.
38
Motion carries 10-0.
The Clerk:
FINANCE
47. Motion to approve a request from Mr. Harold E. Rhodes, Sr. regarding tax relief on
burned building. (No recommendation from Finance Committee October 8, 2007)
Mr. Rhodes: Mr. Mayor, commissioners I’m Harold E. Rhodes.
Mr. Mayor: Go ahead.
Mr. Rhodes: I’m Harold E. Rhodes President of Rhodes Enterprises, which owns
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property out on Doug Barnard Parkway. As you all realize May the 7 I had a fire that totally
destroyed the main building in the flea market. That represented 75% of my total annual income.
Now why would I have the audacity to come and ask for some relief on this? First of all it’s
$8,800 dollars in taxes on top of the other expenses that I’ve hit since the building burned. The
hauling off the trash, now I’m not asking for total relief. I would like to have say 50% relief.
Now why I have been there since 1977 and have had business licenses not only for me but for
numerous other tenants to that property. I’m doing the best I can to keep what it is open now and
to provide a place for these other business licenses to have a place to do business that will be
income for the community. I don’t like, like I say I’m not asking for total relief on it. If I could
get 50% relief it would help greatly. Not only would that benefit me but it would also in the long
run benefit the community because I can, if I don’t get burdened down with this I can rebuild.
I’m waiting for a permit so that I can rebuild and it provides a lot of income but over with taxes
and with business licenses over the last 30 years and will in the future.
Mr. Mayor: Okay. Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor: I know that Mr. Rhodes has had a very tough time
out there and it’s eliminated his income and he’s got to start from scratch again plus we were not
able to help much with the fire because we didn’t have fire equipment out there, lines that would
service them to put the fire out and I would like think that we could consider some relief for him.
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Yes, I’ve got a couple questions. When do you plan to start
reconstruction, Mr. Rhodes?
Mr. Rhodes: Just as quickly as I can get a building permit from Richmond County. I
have an engineer now doing an on-site plan. I’ve had a survey done and it’s gone to the
engineer. He’s doing a site-plan now. I have to have the water run down to my place. By the
way the water the allocation for the funds to put the water is approved in the year of 2000 but yet
it was transferred to Tobacco Road which left us high and dry out on Doug Barnard Parkway.
That’s why the building burned I couldn’t put in sprinklers even though it was a Fire Department
recommendation. I did not have a water line that would handle the sprinklers.
39
Mr. Grantham: Let me ask Mr. Hicks a question if you don’t mind. No, it’s not about
water. Mr. Hicks, if Mr. Rhodes were to start construction or say he did start construction in the
year now 2007 or the year beginning 2008 how would these taxes be evaluated based on the
building being burned and what further condition it’s in. And then how would those taxes be
considered when he starts construction in January 2008 let’s say.
Mr. Hicks: (Inaudible)
Mr. Mayor: If you could.
Mr. Grantham: Come up here.
Mr. Hicks: From the prospective of the assessor’s office January 1 the lien date controls.
If an improvement is in place on that date it is to be taxed. Now you could have a complete loss
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on January 2 and from the state statutes perspective it’s taxable.
Mr. Grantham: Correct.
Mr. Hicks: And if you look at the opposite of that if an improvement commences
nd
construction on January the 2 it would not be taxed for that current year. So January 1 controls.
The improvements are demolished now, they’re razed so 2008 should construction not
commence prior to January 1 there will be no tax liability associated with the improvements for
2008 and forward until the improvements in fact are replaced. That is a separate issue from the
outstanding liability of the prior itself.
Mr. Grantham: That’s what I’m trying to get to. Beginning January of 2008 then it’s
more than likely he’s going to have a good reduction in taxes because no way he can build
between now and that time.
Mr. Hicks: That’s correct.
Mr. Grantham: To give us a January 1 date you just mentioned. So with that being said
the year 2008 is going to be considerably less that what it is now. You will do a re-evaluation on
the property based on what’s there at this time.
Mr. Hicks: Yes, sir.
Mr. Grantham: Okay. All right. Do you feel like that we need to or that we should
recommend some form of assistance in what happened in this case?
Mr. Hicks: I have no recommendation on that, sir.
Mr. Grantham: Okay, thank you.
Mr. Mayor: Commissioner Brigham.
40
Mr. Brigham: Mr. Mayor I’m going to a motion that we deny this.
I think we’re on
a slippery slope. I feel for Mr. Rhodes in his situation but there’s a number of properties
throughout this county that have suffered total fire loss and I don’t see everybody else down here
standing up wanting a tax rebate. That’s what we’re headed for. If we award this one all we’re
doing is bringing others. Now all of us up here know that government is all one size fits all and I
think this is a bad precedent for this commission to set and I think we should deny it.
Mr. Bowles: Second.
Mr. Mayor: Okay we have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign.
Mr. Smith and Ms. Beard vote No.
Mr. Hatney and Mr. Holland abstain.
Motion carries 6-2-2.
Mr. Rhodes: Thank you, Mr. Commissioners.
The Clerk:
FINANCE
48. Consider recommendation from the Administrator regarding the Health & Dental
Insurance Renewal for 2008. (No recommendation from Finance Committee)
Mr. Mayor: Mr. Russell.
Mr. Russell: Mr. Mayor, members of the commission. Several weeks ago we brought
forth a proposal to you for continuation of BlueCross/BlueShield renewal. At that point in time
there was some hesitation on the behalf of the commission you asked us to go back and rework
those numbers to be more sympathetic to the needs of our employees. We’ve done so and the
new recommendation would include maintaining the same level of co-pay for both office visits
and specialist’s visits. We are increasing the emergency room visit from $200 to $300,
hospitalization from $250 to $500 and are requesting and increase in prescriptions from 15/30/50
to 20/40/60. The premium distribution is approximately 77% for the government 22% to the
employee, which is approximately what it was last year. The cost for each payment maintained
about the same. That’s for the HMO. The Point of Services is approximately the same thing.
But it is the same thing including the cost and the, the only difference is a slight decrease in
percentage because of the extended pay for the employee only. This is the balance of this is
made up by the government paying the balance of that and that’s in the budget that you’ll be
hearing about in the next few minutes. It would be my recommendation to approve this.
Mr. Mayor: Commissioner Bowles.
Mr. Bowles:
I would just like to thank the administrator and the HR Department for
working this out. It keeps the office visits at the same rate they were last year and affordable for
41
our employees and hopefully we each have better health for our employees and also I would like
to point out the county share of the premium is increasing. So I think that Fred has done more
I’d like to make a motion to approve.
than enough in this effort and
Mr. Grantham: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioner Brigham.
Mr. Brigham: I’d like to hear from the Administrator how much more it is costing.
Mr. Russell: Approximately $700,000 in General Fund sir.
Mr. Brigham: And I noticed that in, I don’t want to be a scrooge at the holiday season
but I also noticed that there has been a small, a very small decrease in premium from last year to
this year for the employees. That’s less than a quarter in most cases.
Mr. Russell: Yes, sir.
Mr. Brigham: I thought that by reducing the office costs and the specialist visit costs in
what was originally proposed that we were going to share with our employees that cost.
Mr. Russell: It was my understanding after talking with the actuaries that that sharing
would probably be almost negligible in the grand impact of things. Most of our costs are
generated by the office visits and the prescription costs. At this point it was my determination,
and you’ll hear more about that in the budget presentation that this will probably be the most
effective way to do this. It’s not a problem that’s going to go away it’s a problem we’re going to
have to continue to address. As some of you have mentioned there will be a wellness program
that’s integral to the success of maintaining lower rates as possible. I know some of you had a
great interest in that and we’re working very strongly to make sure that happens. But after
looking at those numbers, sir, I know we actually had talked about a small increase in the co-pay
and that was once again negligible in the grand scheme of things.
Mr. Brigham: Thank you.
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. One of the things I wanted to make sure which I
talked to the Administrator about was that will this medical insurance, this health care is this
would follow our retirement program based on the opportunity for these retirees to take up this
insurance if they elect to do so.
Mr. Russell: That’s correct, sir.
Mr. Burns: Yes, sir, that’s correct.
42
Mr. Grantham: Okay. That’s what I’ve been asking for.
Mr. Mayor: We have a motion and a second. If there’s um, Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. We have a Blue Cross representative here. Do you
have any coverage, and I don’t know if the New Year, I assume when this calendar year starts.
Is there any difference in that like funding anything for chiropractic?
Mr. Ford: There is. By the way I’m James Ford, BlueCross/BlueShield of Georgia.
There is. As part of the health extensions there is a discount program. There’s not a set benefit
to cover chiro in the fully insured HMO and POS products which is what you have.
Mr. Smith: What about dental?
Mr. Ford: There is a dental benefit.
Mr. Smith: The experience I’ve had is minute. I went and had a tooth pulled yesterday
and the bill was $100.00 and now I owe $75.00 so it’s not much coverage I don’t think.
Mr. Ford: The way it’s, normal protocol if you give it to HR and I’m your day to day
contact and account manager and we can take a look and work with that on the side to see what
happened with that, absolutely.
Mr. Mayor: Commissioner Harper.
Mr. Harper: Okay, you said you were a representative for BlueCross/BlueShield?
Mr. Ford: I am your account manager assigned to this account, yes, sir.
Mr. Harper: Okay, let me ask you a question.
Mr. Ford: Sure.
Mr. Harper: What is the difference between you being BlueCross/BlueShield and a Blue
Cross High Mark.
Mr. Ford: High Mark is not a BlueCross/BlueShield company. We’re
BlueCross/BlueShield of Georgia first of all and every state, or every BlueCross/BlueShield Plan
is an independent entity. Now we are owned by Wellpoint Anthem, which is fourteen
BlueCross/BlueShield Plans, but we’re completely separate from High Mark. We are
BlueCross/BlueShield of Georgia.
Mr. Mayor: Commissioner Holland.
43
Mr. Holland: Thank you, sir. I would like to ask Ford what has been the response from
the employees in reference to this new insurance. How have the employees responded to this?
Have they had an opportunity to have some input?
Mr. Ford: On the coverage or the, I mean we have, no matter which coverage which
company we choose we’ll have some complaints but there have been less complaints about this
company than the previous carrier.
Mr. Holland: Beg pardon?
Mr. Ford: We’ve had less complaints about BlueCross/BlueShield of Georgia than the
previous carrier.
Mr. Holland: So you’re saying that the majority of the employees have agreed with this?
Mr. Ford: Well, the employees have not had input on this renewal process but I haven’t
heard a lot of complaints about the coverage.
Ms. Beard: Mr. Mayor, we do have the employee with us representing --- who could
answer that.
Mr. Mayor: Okay. Ma’am, would you?
Ms. Speaker: Good afternoon. I’m sorry can you repeat the question again for me
please?
Mr. Holland: My question was how much input had the employees had in reference to
the coverage, the renewal coverage that we have that has been brought forth.
Ms. Speaker: During the time when I submitted the petition the employees really weren’t
aware of the changes that were going to take place. It was really a last minute. I don’t think that
we’ve had a lot of input. It’s pretty much this is what is available this is what is going to take
place and this is going to be your new coverage. Now as I mentioned at the last commission
meeting that I had over at that time it was 323 signed petitions and since that time I’ve been
receiving more. And pretty much it’s basically that we really want the premiums to remain
within a reasonable amount that we can afford.
Mr. Mayor: Okay. Commissioner Grantham.
Mr. Grantham: Just one more question to BlueCross/BlueShield. When we went in
committee discussing this we talked about the advantage of non-smokers. Was that calculated
and figured in to these premiums and did the people sign and affidavit for that?
Mr. Ford: This was not calculated into these premiums.
Mr. Grantham: Why not?
44
Mr. Ford: It wasn’t an option when we were going through the renewal and I’m not
aware that the city has agreed to go smoke free yet.
Mr. Grantham: We’re smoke free in this building.
Mr. Ford: Well um, subject to discussion but there’s a difference between a smoke free
building and actually ---
Mr. Grantham: My employees can sign on as nonsmokers, sign an affidavit and get a
reduction in premium.
Mr. Ford: No, we haven’t been directed to ---
Mr. Grantham: We need to look at that. I think there’s a savings here for these
employees in that regard, Mr. Mayor.
Mr. Mayor: Commissioner Beard.
Ms. Beard: Mr. Mayor, let me just say we are going to review our wellness program and
we’re going to review that with BlueCross/BlueShield. They have one and they also have one at
University Hospital. University Hospital will be meeting with us in a couple of weeks and I’d
like to invite you Mr. Ford and also the young lady. I hope you receive the information and what
we’re going to try to here in Augusta is reduce the claims through a better wellness program.
Mr. Mayor: Absolutely.
Ms. Beard: And hope that things will be much better next year for all of us.
Mr. Mayor: Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. In committee we discussed smoking and you told us
that we would pay 58% less but it would be up to us to enforce it I suppose. But I really think
that we should back up and punt and maybe look at that and uh, that’s a lot of money. That’s a
lot of difference.
Mr. Ford: I think we have to look at that as a long-term savings. It’s not going to save
st
us, you know January 1 2008 because people stop smoking. That’s a savings that will occur
over several years as people become healthier from not smoking anymore.
Mr. Smith: Money’s money though.
Mr. Ford: That’s what we plan to start when we do the wellness program. We’re going
to start that process.
Mr. Mayor: Commissioner Harper.
45
Mr. Harper: Thank you, Mr. Mayor. Mr. Burns, is Blue Cross High Mark an option?
Mr. Ford: No, sir.
Mr. Mayor: Okay, we have a motion and a second. Commissioner Hatney.
Mr. Hatney: Blue Cross I don’t know your name, sir.
Mr. Ford: I’m sorry, James Ford.
Mr. Hatney: Can you with this plan do an amendment say three or four months from now
to the effect that nonsmokers are privileged?
Mr. Ford: The contract goes from 1-1 to 12-31 and we can implement the plan, which we
work with you guys to implement the plan. But there are a lot of pathways we can go to going
smoke free. Are you going to give a reduced reduction to the nonsmokers are you going to give
a tax to the smokers are you willing to pay for those smoke cessation products. And this is why
this is an agenda item for us to discuss it, the wellness because there are several options. But we
will help you administer that but we cannot adjust that premium at that time.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, however this comes out and not being able to be at committee to
hear this first hand. I did get a chance to review it in the news. And I’ll have to say while we’re
looking at these percentages I’m going to say something I’ve said before that seems to have
escaped, not been captured or retained or something is we could double or triple the percentages
they’re talking about of liability by improving and enhancing our own on and off the job safety
program in exposure of pure dollars. And if dollars are dollars then that’s one of the things. If
we’re going to follow and mandate nonsmoking we ought to work towards enhancing our on and
off the job safety programs to reduce exposure to our medical program, risk management and
workers comp costs. And while I don’t disagree with us looking at cost if you want to go, ladies
and gentlemen, after the big bucks that where our liabilities lie.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Call the question.
Mr. Mayor: Okay, we have a motion and a second. The question has been called for.
Commissioners will now vote by the usual sign of voting.
Mr. Holland votes No.
Mr. Harper abstains.
Motion carries 8-1-1.
Mr. Mayor: Next agenda item, Madam Clerk, please.
46
The Clerk:
ENGINEERING SERVICES
58. Motion to approve the expansion of the Ellis Street Study. (Requested by
Commissioner Andy Cheek.
Mr. Cheek: Mr. Mayor, if I can address those ---
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: --- in separate issues. Thank you. 58 I will offer not as an expansion of the
Ellis Street Study but just as a report back to the commission on the status of our research to
date. We’ve had seven public meetings with nearly 100% complete public support of the project
in West Augusta, South Augusta and at the boathouse within excess of 250 people in attendance.
We’ve had two meetings with a subcommittee composed of every utility and service provider in
the Ellis Street corridor and are developing cost estimates for the utility relocations. The target
for report back to the commission will be somewhere mid November to just provide an estimate
of the costs for the project and perhaps suggest a path forward. We’re also looking at involving
the business owners in the area and a committee to discuss the project, the development of the
project and the impact of any construction associated with this project and mitigation of that
impact on their businesses. Mr. Mayor, contrary to I’ll say the direct deliberate distortions
printed about this we are following the similar or exact same patterns as San Antonio and
Oklahoma City have followed in their implementation of projects like this and are following best
practices for project management and I will be happy to give anyone in the media a tutorial on
those particular practices if they need it.
Mr. Mayor: Okay. Thank you, Mr. Cheek, and for item number 58 I guess we’d be
looking for a motion to receive that as information.
Mr. Bowles: So moved.
Ms. Beard: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Motion carries 10-0.
Mr. Mayor: All righty, Madam Clerk, item number 59.
The Clerk:
ENGINEERING SERVICES
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59. Discuss adding utility survey for Ellis and 7 Streets to the existing Broad Street
Survey. (Requested by Commissioner Andy Cheek)
47
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, not to belabor this point I will state that this study while it will
verify the estimate that we produced for the Ellis Street option will provide all of our utilities,
traffic and other departments with an accurate mapping of utilities that exist underground that are
as old as 75-100 years old. Currently we have a need for repair of sidewalks almost the entire
length of Ellis Street. As well as street we have sewers collapsing in the entire central business
district, storm water collapses are frequent. We have very old utilities everywhere and it would
save the city money in the long run to provide this expansion to the existing Broad Street Study
using the same funding source, which is available and qualifies. To provide our utility
departments with information they can use in the future whether we move forward with the Ellis
Street option or not. This information will be consistent and can be updated whenever utilities
are updated in the way of redline drawings or CAD drawings. But it will give our people a very
accurate road map at a reduced cost over what it would cost for us to have the survey done later
and the time and the staff exposure it would take to go back out for bids and so forth. So without
belaboring the point this would help us. It won’t change the estimate that we developed for the
project nor whether we do the project or not it will help every department that we have more
accurately do their job. And, Mr. Mayor, I would just have to say that the cost of one wrongly
cut power cable, gas line or as we have on Ellis Street and Green Street the main connectors for
the Southern Bell, AT&T network that comes through the city on those areas one inaccurate cut
based on an old map or outdated information could cost the city 10 or 20 times what we’re
asking for to do this study. And it would be a good engineering tool for them to have in hand.
thth
So I’ll ask that we expand to cover Ellis, 7 Street and should have included 12 Street as well to
that study to provide that information to our utilities departments.
Mr. Mayor: Okay. Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. How much is this survey going to cost?
Mr. Cheek: I believe we had our Traffic Engineer had been asked to provide an estimate
of that I think it was around $200,000 which would be roughly about 10% of the money that
exists in the Downtown A&B Budget which is being used for and designated for utility
improvements in the central business district.
Mr. Mayor: Okay.
Mr. Cheek: Steve is over there. Is that right?
Mr. Mayor: Anybody from Engineering over there to enlighten us?
Mr. Cassell: Yeah, I talked to the people that do the subsurface utility investigations and
for the scope that we’re talking we’re probably looking at about $175-200,000 dollars.
Mr. Mayor: Commissioner Bowles.
48
Mr. Bowles: Steve, is this something that you see that is something needed by the city?
Mr. Cassell: If the project goes forward it is something that we will need before the
project can ever by constructed. It would be something ---
Mr. Bowles: Without the project.
Mr. Cassell: It just depends on what the ultimate, what’s contemplated along Ellis Street
in the future. That I don’t know.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor, and I think that’s something we may be interested in doing
with or without the project. I guess my concern is that utilities, when you’re talking about well
water period there are funds in utilities that could be used whether we take this money from
downtown and do that. But there are funds if we’re going, and I don’t disagree with
Commissioner Cheek there are some pipes and stuff downtown that’s been there for so long that
we proposed be one size and to this day we really don’t know what size they are. But if it’s
going to cost that amount of money, it’s going to cost 175/200 thousand and that’s to get in there.
Once you get in there it’s never happened yet but we run into something and it just comes to be
that amount. It’s going to always, it always has and it always will. Sound like fighting
Lawrence up there but it always have and it always will I guess be a change order, an increase.
But if we’re going to do that we ought to use the utilities. We’ve got money in utilities we’ve
been spending right and left and the most people in the CSRA, Augusta-Richmond County think
that the government money just located but that’s an enterprise. That money’s set aside that
money’s to do those type work with and we’re going to do that. We’re going to look at it. That
money ought to come out of the enterprise and not our general funds or some other funds that we
may have designated for downtown development or whatever else. I got no problem. We’re
going to call the study a survey. Some studies we want to question. I can show you about five
or six studies we done that we didn’t even look at. They’re laying on the shelf but we paid for
them. But if we’re going to get to talking about studies we’ll bring all that out at that point but I
just think if we’re going to do this Mr. Mayor we ought to be using the monies that designated
for that. We get an increase in our water bill every year. Utilities has got the money to do things
with. We are really, really in good shape with our enterprise so we need to make sure that if
we’re going to do this use those funds and do that versus taking funds from somewhere else.
That’s my comment.
Mr. Mayor: Okay. Commissioner Cheek.
Mr. Cheek: Mr. Mayor, just for the record utilities, water works, water and sewer are
only one of many. We have cable, telephone, fiber optics, storm water, gas and then we would
have to probably tax or collect those fees from each one of the different utilities of the many and
I’m sure I’ve missed a couple. What this will do is provide us with accurate to the inch surveys
of what is underground and truly in this over 200 year old city there are surprises when we dig.
Again this map will provide us the ability to go back to it whenever we do work on any of these
streets. It will be a useful tool that will prevent problems in the future and the Downtown A&B
49
money is the appropriate source for that in that it was set aside for improvements to the central
business district and quite frankly while we can do some of the work that we set these monies
aside for we can not do a lot of it. Therefore this would provide us in our utilities departments
with a useful tool for the future.
Mr. Mayor: Okay, can I get a motion either way on this?
Mr. Cheek: I’ll make a motion to approve, Mr. Mayor.
Mr. Mayor: Is there a second?
Ms. Beard: I’ll second it.
Mr. Cheek: Thank you, Betty.
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. Brigham, Mr. Hatney, Mr. Smith, Mr. Bowles, Mr. Grantham and Mr. Holland vote No.
Mr. Williams and Mr. Harper abstain.
Motion fails 2-6-2.
Mr. Mayor: Okay, Madam Clerk, next agenda item. We need an Administrator here for
this.
The Clerk:
ENGINEERING SERVICES
60. Report from the Administrator regarding the identification of a funding source for
sidewalk/street light improvements for the Lyman/Dover Project. (Referred from
September 24 Engineering Services)
Mr. Mayor: Mr. Ladson.
Mr. Ladson: I think previously I think in Engineering Committee I think the funding
source that was recommended was Travis Road.
Mr. Cheek: Travis Plantation.
Mr. Ladson: Currently we in our budget we don’t have a budget for Dover/Lyman and
we did an estimate on that, I’m not sure if it’s even a project yet but we did an estimate on it and
the estimated cost was approximately $4 million dollars to do the street lights, the storm
drainage, the roadway resurfacing, curbs and gutters, resize the pond and that cost came up to
about $4 million dollars. The only other alternative would be that if you actually take the monies
off of other projects and to put on this.
50
Mr. Mayor: Mr. Cheek.
Mr. Cheek: Mr. Mayor, the fact of the matter on this particular project is there’s some
discussion with the residents in that area. The $4 million dollars in the project scope was arrived
at because I asked the then public works director to develop or work with the neighbors out there
to develop a project that was complete. That would be sidewalks, curb and gutters, lights and
drainage. The original concern in the item of most concern for the citizens in that area was
drainage. Sheet flow runoff down James and several other streets in that area that would actually
come over the asphalt curbs and come into their homes that were pretty much close to ground
level. Therefore this is an appropriate funding source in that the citizens in that area do not want
a lot of the things on the list and we could de-scope and address the central concern which is
drainage and correct that problem and have some money left over to cover the needs in the
Dover Street project. So this is an appropriate funding source it is of like services, it’s
infrastructure improvements, for infrastructure improvements. It would allow us to do de-scope
one project and move forward with the work in another project. So we’re actually taking money
that is sitting and collecting dust and beginning to move forward on two projects. So were
getting two basically for the price of one and progress in two areas. So I think it’s a good move
and I think the funding amount is necessary has been asked for is a half million dollars for the
transfer. Is that correct?
Mr. Ladson: The actual cost to do the whole entire infrastructure for Lyman/Dover
would actually be $4 million dollars, now to ask for $500,000 that to me you might be able to do.
Mr. Cheek: Abie, I can’t hear you, I’m sorry.
Mr. Ladson: The actual amount to do the whole entire Dover/Lyman infrastructure
would be approximately $4 million dollars. The $500,000 probably can go towards maybe street
lighting, maybe sidewalks.
Mr. Cheek: And that’s what came out of the Lyman/Dover subcommittee I think was ---
Mr. Mayor: Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. I don’t think we’ve got five hundred at this point.
It’s like two, $200,000. Some of it has been spent. I wholeheartedly support and the Travis
Road Project which has been on the books since 1996 ---
Mr. Cheek: That’s not correct, Mr. Smith. I actually initiated that program under the last
phase of sales tax.
Mr. Mayor: Okay.
Mr. Ladson: The Travis Road Project, we have in the budget on the Travis Road Project
approximately $2.2 million dollars. Now the estimated cost to complete the actual construction
on that project is about $7 million dollars. So we actually would have to get, find about $5 more
million dollars to actually complete that project.
51
Mr. Smith: And how long has it been on the docket?
Mr. Ladson: I know it’s been on here since I’ve been here. I would probably say
probably since ’99.
Mr. Smith: I checked on it today and they said it was between ’96 and 2000, that’s what
they told me.
Mr. Cheek: I wrote the thing. Give me a break!
Mr. Mayor: Okay, no using your head as a gavel today.
Mr. Cheek: Mr. Mayor, darn!
Mr. Mayor: Commissioner Holland.
Mr. Holland: Thank you. What is the actual budget for that project, is it $4 million, $5
million. What is the actual budget for that project?
Mr. Ladson: You mean for the Travis Road Plantation?
Mr. Holland: No Lyman/Dover.
Mr. Ladson: The, I don’t have a budget for Dover/Lyman. It wasn’t identified as a ---
Mr. Holland: What’s the $4 million for?
Mr. Ladson: --- SPLOST project. The $4 million dollars is the estimated cost. We went
out, we were asked to do an estimated cost on how much it would actually cost to do the
infrastructure there. And our estimated cost was $4 million dollars. And so that’s what we’re
saying that’s what it’s going to take to actually do the whole entire Dover/Lyman project, the
whole infrastructure. And that includes the street light, sidewalks, curb and gutter, storm
drainage, regrading and the retention pond.
Mr. Mayor: Okay. Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. Let me ask a question. I think there’s some
confusion here. Are we recommending that we shift the money from Travis Road to other
projects and if so are we saying that that $2.5 million dollars, some of it can go toward doing a
certain portion of Lyman/Dover? If so would we do Lyman/Dover in phases or would we do
what we could do from the monies from Travis Road or would we just take a portion of it out
and leave some of it in. What is the, you know tell me what we’re doing. I don’t think we
understand ---
Mr. Mayor: Don’t look at me!
52
Mr. Grantham: --- exactly the direction we’re going in.
Mr. Ladson: Well, I think, I think what they want to do is take a portion of the money off
of ---
Mr. Grantham: Okay.
Mr. Ladson: --- Travis Road to actually help fund Dover/Lyman. It is my understanding
that some monies may be coming from H&B contract fund Dover/Lyman.
Mr. Grantham: Okay. Thank you.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, I’ll explain it very slowly. We have about $2.5 million dollars
on the Travis Plantation Project, which I wrote with Ms. Smith. We can look at the date of
which she became Public Works director. That is the initiation inception date of the project,
which was included in the last round of sales tax. De-scope the project, which means look at the
list of items on the menu, pick out the drainage items that we can fund and begin to work on
those with that dollar amount. At this point in time you set aside everything except what I heard
from the Lyman/Dover committee a need for $500,000 to begin the work on the project.
Transfer that money from the Travis Plantation pot, which is designated for infrastructure,
drainage and other improvements to the needs of Lyman/Dover, which is streets, drainage,
sidewalks, infrastructure improvements a consistent categorical swap within the same district
from two pots of money. Begin after de-scoping the project which I can look at the list to find
out what’s comparable at a funding amount with what’s to be done to meet the citizens needs in
that area, begin that work with that amount of money remaining in the Travis Plantation pot
begin the work that’s necessary to be done in Lyman/Dover with the $500,000 transfer. And that
was my understanding of what needed to be done that is what I’m bringing to the floor today.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. And I think a lot of discussion has been brought
forth. Commissioner Grantham asked a very important question. What are we doing?
Somebody else asked what the budget was. We don’t have a budget because we had not set any
boundaries. This project which I supported has grown and grown and is still growing as we
speak right now. It’s done got to a point of, I mean I don’t want to get, I’m not going to get into
all of the things that’s done changed. We should have a plan as to what we’re going to do. Well,
first of all we need an acquisition plan. There’s the amount of land we’re going to take in and
what we’re going to work with. That has grown. Now it’s grown even more with the addition
that’s going to be put in there. Now it’s going to keep on growing until we get some boundary
lines and until we get a plan in place and set some priority it’s going to keep growing. In fact it’s
going to grow, it’s going to take the whole Lyman/Dover area completely if we’re not careful.
So I’ve been in support of this project but the last subcommittee we had we found that it’s done
been an addition, it’s done grown some more and we’ve been trying to help them. Mr. Cheek
53
offered to move some money from Travis Road over to Lyman/Dover. But with the federal
money we’ve got there we’re supposed to have an acquisition plan and a plan after that as to
what we’re going to do. That has not taken place yet. So we’re going to keep growing and
growing and we’re never going to do anything. We need to know the budget for it and Abie you
mentioned something a while ago. We need additional monies to finish Travis Road. How
much money did you say we have now?
Mr. Ladson: We have about $2.2 million dollars.
Mr. Williams: And you need how much, how much additional money.
Mr. Ladson: We need approximately $5 million dollars.
Mr. Williams: $5 million dollars. So we don’t have enough money to do the whole
project what you’re saying until we get another $3 million dollars or so. Is that right?
Mr. Ladson: $5 million dollars.
Mr. Williams: Another $5 million dollars.
Mr. Ladson: We can actually do it with what was proposed here.
Mr. Williams: Well, and I got no problem moving the money within the district. I think
that’s one of the guidelines but we don’t have a plan, we don’t have a budget and it’s done
grown. And we keep adding to it and it ain’t, it’s not going to work like that.
Mr. Mayor: Okay.
Mr. Williams: So that’s my comment, Mr. Mayor. We need to have a designated plan ---
Mr. Cheek: We do have.
Mr. Williams: --- a budget set aside for all the things we want to do.
Mr. Mayor: Okay. Mr. Bowles, I’m going to come to you next but I would say that I
sense a general unreadiness to vote on this issue. Mr. Bowles.
Mr. Bowles: I’d like to hear from the Administrator.
Mr. Mayor: Mr. Russell.
Mr. Russell: You’ve got a policy decision that you need to make. Obviously there’s not
sufficient funds to do the plantation Travis Road project as designed. There are dollars there that
can be moved within the district in the category to assist with the initial work in Lyman/Dover. I
think part of that would be to initially do a budget as required. But the policy decision is you
want to move those dollars and direct us to do a budget with those dollars available pay what you
54
can get accomplished. It’s all within the scope of the SPLOST I believe. It’s all available to do.
The policy decision is do you want us to do it or not.
Mr. Mayor: Mr. Harper and then Mr. Smith.
Mr. Harper: Thank you, Mr. Mayor. Abie, the money that was designated for the Travis
Plantation that was for what, infrastructure and drainage?
Mr. Ladson: Yes, that was for curb and gutter, storm drainage ---
Mr. Harper: Okay, if that money’s moved within the district since you said you needed
and additional $5 million dollars for the Travis Plantation.
Mr. Ladson: Yeah, to actually to do what was initially proposed.
Mr. Harper: Okay, if that money is moved off that Travis Road Project how far will that
set them back?
Mr. Ladson: Well, I think, I mean you can de-scope the project to actually do just, you
know selected storm drainage improvements there so I mean yeah you can do some work there
on Travis Road Plantation.
Mr. Harper: Okay, because my question is if it hadn’t been done up to this point so far
because you don’t have additional monies, by moving the money that we do have in place what
kind of time frame are we looking at or are we looking at it even taking place.
Mr. Ladson: The thing is that we would have to de-scope it anyway because we don’t
have the money.
Mr. Mayor: Okay. Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. I just wanted to say that we do in fact have a plan
for that project and I looked to see if Rob Sherman was here or Norman Michael and neither one
of them is here. But I would recommend that we bring this back and have them there to make a
presentation of what we do have. Because that project is moving and it needs to be completed.
Mr. Mayor: Okay, is that a motion?
Mr. Smith: Motion, yes, sir.
Mr. Grantham: Second.
Mr. Mayor: Okay, we have a motion and a second.
Mr. Cheek: I thought we had a motion already.
55
Mr. Mayor: I don’t believe so. Madam Clerk, did we have a motion and second prior to
this one? Okay.
Mr. Cheek: It’s been a long time.
Mr. Mayor: Yeah, it’s been a long day in general. But we have a motion and a second
now. If there’s no further discussion commissioners will now vote by the usual sign.
Mr. Williams: What’re we voting on?
Mr. Holland: Voting to bring it back.
Ms. Beard: Bring it back to committee.
Mr. Mayor: Back to committee.
Mr. Cheek: Madam Clerk, can you change mine to a no? I mean, point of personal
privilege, Mr. Mayor.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, I’ll be brief. The, this is so simple that if it is beyond the realm
to understand what we’re doing here it’s embarrassing. And I’ll say something else too. The
Lyman/Dover plan is complete it is within it’s original scope and boundary the budget has been
established, $500,000 for economic re-development was reprogrammed, we spent less than
$200,000 total on this project, we’ve acquired almost an quarter-mile square within the original
scope of a comprehensive nature and this is the first economic re-development strategy in the
city and in South Augusta. Anything else contrary to that and I can show you the volumes and
reams of information generated through the committee is an unmitigated lie.
Mr. Cheek not voting.
Motion carries 9-0.
Mr. Mayor: Okay, Madam Clerk, next agenda item.
The Clerk:
ENGINEERING SERVICES
64. Presentation by Mr. Jim bode of Siemens regarding a program to improve energy
efficiency and Landfill gas revenue.
Mr. Mayor: And, gentlemen, I apologize for y’all having to sit quite for a while and it’s,
it will be five minutes that I’ll be able to allow you just to be fair to everybody. And I wished
that you had the allotted time having gone through the committee when you wouldn’t have the
five minute time limit.
56
Mr. Bode: Mr. Mayor, we anticipated the five minute window. Madam Secretary, good
afternoon. Commissioners. My name is Jim Bode of Siemens and it’s a pleasure to be here with
you today. Siemens has been a long-term provider to your facilities department and we
appreciate the opportunity you’ve given us to serve you in the past. Helping buildings and
energy infrastructure to be efficient and effective is a big part of what Siemens does. In the past
eight months Siemens has performed a no-cost opportunity assessment to determine whether
Augusta-Richmond makes significant reductions to what is currently your $9 million dollar
annual energy expenditure. We have identified savings opportunities in several areas such as
energy efficient lighting, water conservation measures, HVAC and generation of additional
revenues from your landfill gas. We have more opportunities and details but this five-minute
agenda segment is not the time to get into them. Several other local governments such as Three
Rivers in Aiken, DeKalb County, Coweta County, Fulton County and Cobb County have all
implemented energy projects under a program where the implementation costs or the initial
investment is provided by your energy partner and the savings which you generate over time is
used to actually fund the improvements. So in a program like that zero capital dollars are really
required by Augusta-Richmond, it’s budget mutual but you get additional infrastructure in things
that you need. The benefits for Augusta-Richmond would include saving tax dollars by funding
improvements through guaranteed energy savings, improving the environment within Augusta
Regional buildings and facilities and reduction of greenhouse gases and the enhancement of your
local environment as well as the support for global climate initiatives. We believe your
opportunity is sufficiently attractive, several million dollars that it warrants issuing a competitive
RFP which is really a request, it’s a request for qualification and for companies to come in and
describe to you what their approach would be to putting a program together for you. And we
would, Siemens would welcome the opportunity to provide additional help at no cost in one of
two ways. We could either assist you Procurement Department in showing them RFP’s and
RFQ’s that other local governments have used and how they go about it or we would be happy to
come back to a commission work session where you would have whatever period of time you
wanted to see the details and be able to ask more questions. Either way we think the opportunity
is very significant for you. You spend about $9 million a year in energy now you’re generating
revenue from your landfill gas but you’re not capping, you’re not utilizing the, you’re not getting
as much revenue as you could. So we’d like to continue to be of service in whatever way you
would see.
Mr. Mayor: And I will just say with regards to these gentlemen. I met them earlier I’m
extremely interested in the potential to save Augusta millions of dollars in energy costs. What of
the things that I must say I was impressed about is that you guys said, you know you need to go
through the RFP process, you need to look at other companies to do this. But really to become
more energy efficient as a city is something that we really need to look at particularly with
regards to the landfill. I think when we’re looking at going into non-detainment status the end of
next year this is something that we desperately need to address. Commissioner Grantham.
Mr. Grantham: Mr. Mayor, I see this being an excellent program for us to improve our
efficiency and not only that, to save money. What would be the time frame you’d have involved
in doing this survey of our facilities in order to do that?
57
Mr. Bode: Generally it’s, you’re probably looking at 4-5 months to go through a
procurement process, identify a partner and identify the specific opportunities that you would
want to do. Your partner’s role is to develop a menu for you. You chose from that menu what
you want to do what you don’t want to do. Then you’re probably looking at 8-10 months in
construction and implementation.
Mr. Grantham: What kind of cost expense would we have to the government?
Mr. Bode: There’s no cost expense because everything is paid for by savings or
additional revenue from the landfill.
Mr. Grantham: That’s what I wanted to hear you say.
Mr. Mayor: I love it when there’s no up front costs. So I would think that the
commission would probably be interested in scheduling a workshop to hear more about the
potential of this.
Mr. Grantham: Could we receive this as information today, Mr. Mayor, and get you to
set up a workshop for us.
Mr. Mayor: Absolutely.
Mr. Grantham: Motion to do so.
Mr. Hatney: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign. Gentlemen, thank you all for being here and
thank you for your patience.
Mr. Cheek out.
Motion carries 9-0.
Mr. Mayor: Madame Clerk, next agenda item.
ENGINEERING SERVICES
65. Presentation by Mr. Tyrone Wilson requesting assistance from the city regarding the
determination of ownership of a tree which is located on an easement whether is belongs to
the city of the Valley Park Association.
The Clerk: I was calling to see if Mr. Wilson was in the chamber. Mr. Tyrone Wilson.
Mr. Russell: Mr. Mayor, we’ve attempted to contact him. Apparently there’s some
discussion on a tree and it’s our opinion it’s our tree and we’re in the process of contacting him
to get that down and I apologize (inaudible).
58
Mr. Mayor: Okay. Motion to receive as information?
Mr. Hatney: So moved.
Mr. Bowles: Second.
Mr. Mayor: We have a motion and motion and a second. Commissioners will now vote
by the usual sign.
Motion carries 10-0.
The Clerk:
SUBCOMMITTEE
66. Motion to accept/approve the recommendations of the Law Study Subcommittee to
appoint Mr. J. Pope Langstaff, General Counsel and Ms. Chiquita T. Johnson, Attorney I.
Mr. Mayor: Mr. Brigham, I believe you had a question on this.
Mr. Brigham: I didn’t see any salaries associated with these people. I want to know
what those are and in light of our next budget item I really have serious problems with spending
any additional money.
Mr. Mayor: Mr. McCauley.
Mr. Brigham: Is there a salary associated with these people?
Mr. McCauley: The salary for the General Counsel is in a negotiating state at this point.
We do have a recommendation but haven’t had an opportunity to share that with the full
committee to bring that back to commission but we should be within grounds of making in
comparable. The salary for the other person, the Attorney I will be the same as our existing
salary I. The salary will be the same. That would listed as a regular employee. Mr. Langstaff
would have the opportunity to negotiate with the committee because the application was set up
that way.
Mr. Mayor: Commissioner Bowles.
Mr. Bowles: Mr. Mayor, I’ve got really two concerns. My first concern is it seems to me
we’re hiring a coach and we’re also taking the coaches first draft pick.
Mr. Mayor: Nice analogy!
Mr. Bowles: Thank you, I figured everyone could understand that one hopefully. The
second concern is with the development of, the last time we went through the legal department
um, I’m very uncomfortable. I know the charter says you have to have a legal department. I
believe we do have a legal department. It doesn’t say you have to have General Counsel and
59
staff it. My goal is to have an attorney in there an outsource everything and keep independence
into the picture because that seems to be the problem that we have with General Counsels is
certain interference and control issues that develop over the Legal Department and I just wanted
to express my reservations.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. All of us had the opportunity to come down and
meet and ask any questions that we may have concerning the General Counsel. We consolidated
in ’96 and it didn’t say we could have it said we would have an in house attorney. Now I’d like
to know what the salary is too but I get a report every month what we’re paying our present
attorney’s and I don’t think that what we’re paying now is even close to what we have to pay for
a staff person who’s going to work for this government and make a salary. My last package Mr.
Mayor I think was $89,000 for the month. Now I’m thinking off the top of my head that was just
for the month. Now if y’all want to talk about salary let’s talk about how much we’ve been
paying and how much we can save. We’re supposed to have this done and nobody said a word
about it. We’ve been talking about we hired a person that didn’t work out and we want to be
contented with that I guess. But the subcommittee went out. Every one of us had an opportunity
to come out and interview and talk to these people. They came down not just once but at least
three times to give us chance to come out and talk. If they don’t work out I don’t think they
ought to stay I think we ought to get somebody else. We still have an in-house law department
and that’s what our charter says. That’s the law. Some folks don’t worry about the law Sylvia
they make the law as they go. But the law says that we should have one and that’s what we have
done. What the salary’s going to be ought to come back through a subcommittee or through this
body or through legal services but we can’t keep waiting and waiting and waiting. We’ve done
that too long. Now anybody dissatisfied can vote against these people if we got six votes we’ll
find somebody else. We, this government is supposed to have this done already.
Mr. Mayor: Okay.
Mr. Williams: And there ain’t no way that we can take the money we’ve been spending,
Mr. Mayor, and I know I’m a little long winded on this one but ---
Mr. Mayor: I’m just waiting on you to make the motion.
Mr. Williams: Okay, well, I’m going to make a motion to approve these two
attorney’s
that the subcommittee have brought down and gave everybody an opportunity to
interview and look at and that’s whatever question we have. I think their qualifications surpass
what we actually want. In fact both of these people could’ve been the top person. I thought in
advance of trying to get both of them. I just think.
Ms. Beard: I second that.
Mr. Holland: Second the motion.
Mr. Mayor: We have a motion and a second. Commissioner Cheek.
60
Mr. Cheek: Mr. Mayor, just a question for the Attorney. Does this increase our potential
liability in the future or pending litigation on this particular position by filling them?
Ms. Beard: No, it shouldn’t.
Mr. Boudreaux: I’m not sure what liability is you’re referring to but I don’t believe so
but in reference to the specific is, it’s probably needs to be discussed outside ---
Mr. Cheek: I guess it’s in reference to the senior legal counsel position in filling thereof
and does that with pending litigation does that enhance our liability.
Mr. Boudreaux: There’s nothing pending that it would affect. Whether there’s a
potential for it to affect potential claims would be a need for further discussion.
Mr. Mayor: Okay. Mr. Russell.
Mr. Russell: If I could suggest a friendly amendment to Commissioner William’s motion
is that we appoint these individuals with the salary being brought back for your approval prior to
full appointment otherwise you’re appointing somebody without a salary.
Mr. Williams: I got no problem with that.
Mr. Mayor: Okay.
Mr. William: I got no problem with the salary coming back for approval.
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. Brigham, Mr. Bowles, Mr. Smith and Mr. Grantham vote No.
Motion carries 6-4.
Mr. Mayor: Next agenda item, Madam Clerk.
The Clerk:
ADMINISTRATOR
67. Presentation of Augusta-Richmond County 2008 Proposed Budget.
Mr. Brigham: Madam Chairman, I make a motion to receive this as information.
Mr. Cheek: I’ll second.
Mr. Hatney: Call for the question.
61
Mr. Russell: We’ve got a motion and a second on the floor and the question’s been
called for, sir.
Mr. Mayor: Okay, so was the motion to receive it as information? Commissioners will
now vote by the usual sign.
Mr. Bowles votes No.
Motion carries 9-1.
Mr. Russell: Would you like me to give you a brief overview?
Mr. Grantham: Very much so.
Mr. Bowles: --- voted and passed.
Mr. Hatney: Point of Personal Privilege.
Mr. Cheek: Order of the Day.
Mr. Hatney: Even when something is voted on there’s no more discussion but you’re my
favorite Administrator.
Mr. Russell: I hope I remain your favorite Administrator after I speak for about two
seconds, sir. You have before you our recommendation for the 2008 budget.
Mr. Holland: Time’s up.
Mr. Russell: This is probably the toughest budget that we’ve done simply because we are
continuing to face increased costs across the board. As we’ve looked at the budget and looked at
our increased costs even maintaining service levels at the current level will cost more and more
and more. As I say regularly those costs are absorbed and have been absorbed through the past
several years. We’re actually at the point now where the rubber meets the road in those
particular areas. We can no longer continue to absorb increased power, increased medical
increase other costs that are just normal costs of doing business. Not only for businesses but for
our families across the wide range of what is Augusta at this particular moment. We’re very
conservative in the budget proposals. We proposed a 3% growth in this budget, 2% increase in
sales tax. I think that’s conservative but I’m very comfortable with those numbers simply
because we don’t know. I think it pays to be conservative. In addition to that we took a very
physically responsible approach by not using Fund Balance again. In the past we’ve leaned on
Fund Balance to balance the budget and I do not recommend that this particular year. What we
have done is to balance the budget and maintain service levels as they are currently we are
asking for a .863 mil increase in the General Fund and .2 mil increase in the Fire Fund. That
.863 mil increase in the General Fund equates to $3,451,158.00 in the General Fund and 2 mils
in $602,000 in the Fire Fund. And that’s to maintain service levels as they are to balance the
budget and to maintain service levels as they are. I did propose some new funding a very small
amount and some of that goes towards things that I think are appropriate as we continue to move
62
forward. One of the major costs that we’re facing is an increased number of inmates in our jail.
That’s very, very expensive and something we have little control over. I suggested $102,000 to
fund the Drug Court and the major purpose of that is to move people out of the jail into other
kinds of treatment or penalty at that particular point in time. In addition to that I suggested a
joint funding project between the Museum of History and the Lucy Laney Craft Museum to fund
a $75,000 program for James Brown Exhibit to be held in one of those museums. I think once
again that continues to build on his legacy and improves our revenue based on increased tourist
in that particular area. In addition to that $50,000 for Public Defenders Office and the Juvenile
Court, another issue that keeps raising it’s head and an additional $125,000 in new money for
demolishing and taking down unsightly and dangerous houses in our community. That
program’s successful, it works it needs funding and we suggested to do that. The .2 mil increase
in the Fire Fund is to fund half or a .4 increase of .4 mil Capital Improvement Program. It’s
something you might realize we have not replaced fire trucks in a standardized manner over the
past several years. We did that with SPLOST about five or six years ago and that’s not the way
to manage your fire fleet. That .2 mils in capital plus additional .2 that’s currently there would
go towards a .4 mil or about $1.2 million dollar replacement plan to replace our fire engines to
make sure we keep the fleet modern and continue to move forward. As you will learn over the
next several weeks there are numerous projects that people that forth that I think are great
projects and I think need to be funded. Unfortunately with the dollars available I could not fund
those projects. You’re going to have people knocking on your door and people calling you at
home at night and coming to our work sessions saying hey, we need money for this and we need
money for that. And most of those are worthwhile projects but when you start talking about
maintaining service levels at the standard increase that we had I believe those projects need to be
examined very, very closely and a policy decision needs to be made on your behalf to do so.
Total budget in the General Fund is about $115 million, $120 million I’m sorry. Total budget in
the total fund is right at $700 million plus and that includes all our other services. Those
numbers are still pale when compared to other localities of similar size throughout our country
and throughout our state. We continue to provide a very high level of service at a very low cost
to our citizens. The increase that I suggested or recommend is approximately on $100,000 house
in the General Fund slightly in excess of $30.00 a year. That works out to $2.51 a month and 8
cents a day. You’ll hear people say we need more we need more we need more. One of the
most topics that’s on the table now is more money for law enforcement. That’s not in this
budget. That’s an additional cost. It would have to be determined how to pay for. You’ll find
that people want more for various other sorts of things. They are not in this budget. It’s a very
conservative budget it’s a very prudent budget I believe and one that sets the ground work for
what’s going to be the next six weeks or so of discussions. I recommend we have work sessions
weekly to talk about what I suggested and talk about the needs that you see. I need your
assistance in setting goals and objectives but if you want this to be a clean and safe community
we need to tailor the budget over the next several weeks around that. If you want us to have a
great whatever we need to tailor the budget over the next six weeks around that. This is a
starting point of a very, very detailed and a very, very important conversation as we look towards
the future of Augusta. I look forward to continuing that dialog and will be scheduling a work
session in the near future. Thank you.
63
Mr. Mayor: Actually I don’t think we can have any discussion because it’s already been
received. I look forward to the work sessions and thank you, Fred. Madam Clerk, next agenda
item.
The Clerk:
ADMINISTRATOR
68. Receive a recommendation from the Administrator regarding the selected candidate
for the position of Hyde Park Project Director.
Mr. Mayor: Mr. Russell, you’re back up to the plate.
Mr. Russell: Mr. Mayor, members of the commission, as you know several weeks ago,
more than several weeks ago now I was directed to put forth a program to look at Hyde Park and
develop a recommendation the requirements for a project director in that particular area. We’ve
done so and worked closely with the committee. I made a recommendation that failed to pass
muster at this particular commission meeting at that particular point in time. I was directed then
to go back, advertise the position and begin a screening process and do it that way and then hire
that particular individual. We’ve done that. We had nineteen applicants apply. We screened
those to four. We’ve interviewed, I’ve interviewed those four people and talked to the
committee and brought forth the name of Ms. Debra G. Rossi. Ms. Rossi, most of you had an
opportunity to look at her resume. She brings together a lot of skills that are necessary in my
mind to bring this project forward. She has the ability to work well with people. It’s proven
through her track record. A military background as a Lieutenant and has done numerous other
things that moves the project forward. I have offered Ms. Rossi that particular position as you
were directed and we plan on getting started in the near future. Thank you.
Mr. Mayor: Commissioner Bowles.
Mr. Bowles: I was just curious where the funding is coming from.
Mr. Russell: That will be funded currently out of my office. Next years funding would
be in the budget. Approximately as a consultant she’ll be making $40.00 an hour for a 20-hour
week so we’re talking a six-month period and we’re looking at a grand total of about $24,000 at
this point, which is available.
Mr. Grantham: Motion to receive as information and authorize the Administrator
to proceed.
Mr. Hatney: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Mr. Brigham votes No.
Mr. Williams out.
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Motion carries 8-1.
Mr. Russell: Mr. Mayor, there are budgets available to members of the press if they’d
like.
The Clerk:
ATTORNEY
69. Approve final Memorandum of Understanding (Intergovernmental Agreement)
between the Georgia Golf Hall of Fame Authority and Augusta, Georgia.
Mr. Mayor: Okay and I’ll, I don’t know if Mr. Plunkett’s here. The commission
approved an Intergovernmental Agreement approximately eight weeks ago. It was approved and
then it was sent to the Attorney General and had to go through the bureaucratic process and there
were some minor changes made so we felt as though we need to get it re-approved before then it
being voted on by the Golf Hall of Fame board of directors. But this basically the same
agreement which will allow the city to help, come in and help the Golf Hall of Fame and allow
us to raise private funding. At this point now we cannot as a community do anything until we
approve this so I would recommend approval.
Mr. Grantham: So moved.
Ms. Beard: Second.
Mr. Mayor: We have a motion and a second. Mr. Cheek.
Mr. Cheek: Mr. Mayor, just a quick question. The gates are locked, correct me if I’m
wrong and the statues are gone and the grounds are not being kept at this present time. Is that
correct?
Mr. Mayor: That is basically correct. The Golf Hall of Fame has no money to do
anything. We’re in the quandary, the situation to where until an agreement is approved we can’t
access the grounds.
Mr. Cheek: But the city was prepared to go in and render assistance to stabilize what was
there until we reached an agreement.
Mr. Mayor: The bureaucratic process took eight weeks after the initial approval.
Mr. Cheek: Am I wrong in assuming that since the gates are locked, the grounds aren’t
kept, the city wasn’t allowed to or there wasn’t some arrangement made to say that the board that
runs the Golf Hall of Fame is in complete neglect of preserving that property for the citizens of
Augusta.
Mr. Mayor: I will tell you; you can decide how you want to phrase that. But it’s, it has
been a very frustrating process I would say that.
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Mr. Cheek: But that’s absolutely, I would consider despicable to have that kind of
resource and a board or a bureaucrat assert control in such a manner that we would allow it to
become less than it was when it was something that was given to Augusta in the trust of the
people and this particular board it seems is interested more in control than they are in preserving
something, an amenity that this city’s been very proud of. It’s another example of why some
boards and authorities in the city need to be abolished and reconstituted.
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. Williams out.
Motion carries 9-0.
Mr. Mayor: Mr. Grantham.
Mr. Grantham: Thank you, Mr. Mayor. I’d just like for the commission to recognize that
Steve Shepard is in our presence today. We just want to continue to wish him well and with his
family in the illness that they have had and certainly, Steve, we’re glad to see you and glad to see
you back in this room.
Mr. Shepard: Thank you, Mr. Grantham. (INAUDIBLE)
ATTORNEY
70. Discuss Thompson et al. v. Augusta post mediation status.
Mr. Mayor: Thank you, Steve. Madam Clerk, agenda item number 70 I think we need to
be discussed in Legal. Mr. Boudreaux, is that?
Mr. Boudreau: If any discussion it needs, it will be in Legal. This is a settlement that
had been previously presented to the commission by Roz Newell, outside counsel. At the time
we didn’t have unanimous consent to add and approve. If it can be simply voted on without
discussion we can handle that. Otherwise we would need to discuss it in Legal.
Mr. Mayor: Okay, is there a motion on this?
Mr. Grantham: I make a motion we settle.
We agreed to do it at the last legal
meeting.
Ms. Beard: And I’ll second that.
Mr. Mayor: Okay, we have a motion and a second. Is there, Commissioner Hatney?
Mr. Hatney: What are we settling?
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Mr. Boudreau: All of the litigation involved with the Thompson Wrecking cases,
multiple pieces of litigation. This resolution will take care of all of this. Settlement amount for
the record is $174,872.84. If we don’t resolve it at this point, continued litigation will need
approval.
Mr. Hatney: I got the same question. What are we settling because we were not found
guilty of anything? Why should we give this guy any money?
Mr. Boudreau: If any discussion’s needed we’ll have to have that discussion in legal
session and we can go back over through the legal points.
Ms. Beard: And it was done before.
Mr. Mayor: Okay.
Mr. Hatney: A settlement means that you are agreeing that you’ve done something
wrong.
Mr. Boudreaux: It’s, it is not but we can discuss that in legal if necessary if a vote’s not
taken. I believe there is a motion and second.
Mr. Mayor: There is a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Mr. Hatney, Mr. Harper, Mr. Holland vote No.
Mr. Williams out.
Motion carries 6-3.
Mr. Mayor: Okay, I believe that’s the final agenda item. Mr. Boudreaux, did you, if you
need a legal I’ll, we can put it before the commission for a vote to go into legal.
Mr. Boudreaux: We do have two items.
The Clerk: We have one more item, number 72.
Mr. Mayor: Oh, excuse me. Excuse me, before we go to Legal I’m sorry we have one
more item and that’s to re, Madam Clerk.
The Clerk:
OTHER BUSINESS
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72. Motion to approve the rescheduling of the November 6 regular meeting to Thursday,
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November 8.
Mr. Grantham: So moved.
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Ms. Beard: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign.
Mr. Hatney and Mr. Williams out.
Motion carries 8-0.
Mr. Mayor: For those of you who are candidates this year I know that you’re very
appreciative of having. Okay Mr. Boudreaux.
OTHER BUSINESS
71. Motion to go into a legal meeting.
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
Mr. Boudreaux: We do have two matters of pending litigation, one potential one pending
to discuss in Legal if the body wishes to handle this.
Mr. Mayor: I would look for a motion to go into Legal to discuss those matters.
Mr. Brigham: So moved.
Mr. Grantham: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign. We are in Legal.
Mr. Hatney and Mr. Williams out.
Motion carries 8-0.
[LEGAL MEETING]
Mr. Mayor: Okay I’ll go ahead and call the meeting back to order. Mr. Boudreaux.
ADDENDUM
73. Motion to add and approve a settlement with Ms. Louise Page (Page’s Boutique) in the
amount of $45,156.00 for damages to business and $6,559 for damages to the parking lot.
Mr. Boudreaux: Mr. Mayor, we’d like a motion to add and approve an agenda item to
approve a settlement with Louise Page of Page’s Boutique of $45,156.00 for loss of business
profits and $6,559 for damages to the parking lot.
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Ms. Beard: Move for approval.
Mr. Mayor: We have a motion. Is there a second?
Mr. Cheek: Second.
Mr. Mayor: Okay, we have a motion and a second. Commissioners will now vote by the
usual sign.
Mr. Brigham votes No.
Mr. Williams, Mr. Hatney and Mr. Harper out.
Motion carries 6-1.
Mr. Mayor: Okay, Mr. Boudreaux.
ADDENDUM
74. Approve settlement on record of Nehemiah Young vs. Augusta.
Mr. Boudreaux: Also request a motion to add and approve a settlement in the litigation
with Nehemiah Young vs. the city in the amount of $50,000 and zero cents to resolve that
litigation.
Mr. Mayor: Can I get a motion to that affect?
Ms. Beard: So moved.
Mr. Mayor: We have a motion. Is there a second?
Mr. Smith: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
Mr. Williams, Mr. Hatney and Mr. Harper out.
Motion carries 7-0.
Mr. Mayor: You need a motion on the closed meeting affidavit.
Mr. Boudreaux: A closed meeting affidavit, please.
Mr. Mayor: Okay, we also need a motion ---
Mr. Cheek: So moved.
Ms. Beard: Second.
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Mr. Mayor: --- to approve the closed meeting affidavit. We have a motion and a second.
Madam Clerk, if you’ll clear it out I’ll take the vote. Commissioners will now vote by the usual
sign.
Mr. Williams, Mr. Bowles, Mr. Harper and Mr. Hatney out.
Motion carries 6-0.
Mr. Cheek: Mr. Mayor?
Mr. Mayor: Mr. Cheek.
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Mr. Cheek: Just an announcement. I will be here Monday but on the 24 I’ll be having
surgery on the sides of my throat so I might be away for a couple of weeks and I just wanted to
let my colleagues know that.
Mr. Mayor: And I ask that we all keep Mr. Cheek and his family in our thoughts and
prayers. That is a painful surgery from what I understand. With no further business to come
before the body we stand adjourned.
[MEETING ADJOURNED]
Lena Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
October 16, 2007.
______________________________
Clerk of Commission
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