HomeMy WebLinkAboutCommission Meeting August 7, 2007
REGULAR MEETING COMMISSION CHAMBER
AUGUST 7, 2007
Augusta Richmond County Commission convened at 2:00 p.m., August 7, 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 the Reverend Bill Davis, Crawford Avenue Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Prior to the invocation I would like to call for a moment of silence for Sgt.
Taurean T. Harris who lost his life in Afghanistan last week. He was stationed out at Fort
Gordon so I would like call on a moment of silence for the family and friends of a fallen hero.
Thank you. Now I’d like to call on Rev. Bill Davis of Crawford Avenue Baptist Church for our
invocation. Pastor I’ve got a little something for you before you leave. I’ll read it out for you.
Office of the Mayor. By these present be it known that Rev. Bill Davis, Crawford Avenue
Baptist Church is Chaplain of the Day for his civic and spiritual guidance demonstrated
throughout the community serves as an example for all of the faith community. Given unto my
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hand this 7 day of August 2007. Thank you for your wonderful prayer. All righty with that,
Madam Clerk, we will move into the delegations.
The Clerk:
DELEGATIONS
A. Mr. Leo Charette. RE: Drag Strip.
Mr. Russell: Mr. Mayor?
Mr. Mayor: Mr. Administrator.
Mr. Russell: I failed to mention this to you shortly prior to the meeting. Mr. Charette had
asked if he could go third as opposed to first. Could you call it again, please?
Mr. Mayor: Okay, that’s fine with me and please when the delegations come up if you
could remember to state your name and full address and keep it to five minutes. So we’ll go to
Delegation B and come back.
The Clerk:
DELEGATIONS
B. Mr. Richard W. Dukes. RE: Drag Strip.
Mr. Mayor: Okay, with no Mr. Dukes we’ll go to “C”.
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DELEGATIONS
C. Mr. Roy E. Salvo. RE: Drag Strip.
Mr. Mayor: And as I say if you could keep it to five minutes and state your full address
please sir and your name.
Mr. Salvo. My name is Roy E. Salvo and everybody knows me as Eddie. My address is
410 Lanier Road, Beech Island, SC. 29842. I own and operate a business in North Augusta,
which is Compucar Nitrous Oxide Systems, which gets all of its revenue from drag racing. I just
want to let you know that I think that the drag strip will be a bid benefit in Augusta. We have a
big crowd on Thursday nights and on the weekends at Carolina Drag Way. There’s no reason
why it can’t be as big and lot’s bigger. You all have a lot bigger draw over here than you do
over there. We’re always looking for a place to move our business to grow it and I just want to
let you know that that’s what I think would be beneficial to everybody. I know there’s a few
people that say, you know the drag strip’s going to ruin their community, noise. I don’t think so.
You go out there and look at Dragstrip Road in Jackson. Those people aren’t having any trouble.
If you don’t like the noise it’s going to bother you because you’re going to think about it every
time it’s going on. I raised two small children, I lived on the property of the drag strip for eight
years from when my daughter was one-year old, my son was born until they were eight. And if
you don’t think about it you don’t hear it. National events go on we went to sleep at ten o’clock.
It’s not that big a deal unless you let it be. I just think it’d be beneficial for everybody and I just
wanted y’all to know that. Thank you.
Mr. Mayor: Thank you, sir. Okay, if we could now go back to Mr. Charette.
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Mr. Charette: Mr. Mayor, Mr. Commissioners. Reflecting back on December 9 we had
took a vote to build the drag strip facility at the Development Authority property and with some
other stipulations behind it and I recollect, like it was yesterday on account of I’ve been trying to
get this thing done in about 2 ½ years time. I just want to mention that any folks should know by
now that there is another property available another site that is suitable for the drag strip with
some preliminary research that I’ve done. It’s a very good site for the drag strip. It’s less than
two miles from the other site. Two feasibility studies have already been performed and both of
them show positive revenues for the city. At this time I’m hoping that we can move forward
with construction. And I can probably say the same thing I’ve said the feasibility study shows a
minimum of $20 million in revenues for the city. If we get the big event we should be able to get
the event, you have the letters from the NHRA. That’s the National Hot Rod Association. We
were at first trying to do, IHRA, which is the second largest in the country. NHRA is the largest
and Mr. Bill Holt the director of the Southeast Division here has spoken to me on a weekly basis
wanting to know how things is going. All I’m telling him is it just takes time, it just takes time
when you’re doing stuff like this and of course he’s going to want me to report to him tomorrow.
It’s the sanctioning body that is the largest in the country. I would hate to miss out on this
opportunity to get with these folks on a racing event. We have the Masters here in the City of
Augusta that generates $38 million in revenues in about a two-week span. Our feasibility study
shows similar numbers. It’ll take the whole year to get them but they’re still positive similar
numbers. If we don’t get the national event just do day in day out business. It still shows a
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minimum of $20 million in revenues. I’ve submitted to Mr. Russell the cost from many different
contractors on the construction, building specs and engineering specifications of NHRA and $4.7
million dollars is the one and only investment that the city would have to make on a piece of
property that we have available now. And on that figure that was the highest construction cost
on all of the contractors that I did studies on. If we was to move forward, of course Mr. Russell
would get involved and then I’d probably have to go out and get different bids and stuff like that.
But I’ve spent 2 ½ years trying to do this and I would appreciate it some kind of way if we could
move on with, you know some type of construction. Other than that, that’s about it. If anybody
had any questions I could probably anyone by now.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Charette, thank you for coming down. I’ve long been on record of being
a proponent of the drag strip and I’ve just recently went to the drag boat races and looked at the
crowds, the pits and the people and the shear economic development in influx that calls the
Augusta area. For us to be involved in a public-private partnership we will have to move
forward with a contractual arrangement as well as any type of bonding that would be necessary
would require financial documents, proforma and so forth. Where are we at with any of that type
of information as far as preparatory work to actually bonding and building something like this
that you’re aware of?
Mr. Charette: All I can do is reflect back to the last meeting. The last meeting was
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December 9 and the best of my recollection Mr. Russell might be able to elaborate on that.
Mr. Mayor: Mr. Russell.
Mr. Russell: Obviously, commissioner, the bonding in those issues are sites specific as
far as the opportunity to do that. When the property at the Industrial Development Authority was
no longer available that took away a lot of the impetus to get the bonding and those kinds of
things done. We’ve done preliminary work and have had preliminary discussions and once a site
is located it would not be hard to re-institute those conversations and get that done. But until, it’s
going to be hard to find anybody to bond anything until they know where it’s going to be and
that was the hold up in that.
Mr. Mayor: Continue on.
Mr. Cheek: Thank you, Mr. Mayor. I guess than our question, my question is, since this
has been authorized by the commission what is our next step in accomplishing that? And I’ll add
before you answer that in recently in Road and Track magazine north of Savannah they’re
constructing a 1700-acre site that includes a road racecourse, a drag strip and an oval track. The
property, the lots that they’re selling in there are going for over $100,000.00 and the minimum
house price that they have marketed in that area is $375,000 so that pretty much blows the
argument of diminishing property values around a race track out at the water. This thing is true
in Kansas City and several other places when they’ve constructed these things. Economic
impact is phenomenal and as the expediential growth in housing starts and business development
in those areas where tracks are built. I’m like you, Mr. Charette, we need to see this happen.
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Mr. Mayor: Mr. Russell.
Mr. Russell: If I could respond to that. I think what I would need is some continuing
direction from the commission. Obviously the initial direction was to find another site. Based
on Mr. Charette’s proposal and my review of that, that site has the appropriate land and the
appropriate geography and those other issues that I think would work. It’s my understanding that
that property is under his control at this moment so that would be an opportunity that we would
have there. Once you proceed along with the actual site selection and give me some direction to
continue to move forward I believe that the bonding and those other issues would fall in place
after that. But until, I’m uncomfortable spending our resources at the moment until I get that
further direction.
Mr. Mayor: And, Dr. Hatney, I’ll recognize you next but I would say that that you would
need some sort of a package to approve and if we’re talking about committing city funding to
any project you would have to identify what the funding source was for that. So I just throw that
out there. Reverend Hatney.
Mr. Hatney: Mr. Administrator, I thought we, the instructions were to find a suitable site
and the funding. That was my understanding.
Mr. Russell: Yes, that was the initial instruction. My concern is that site needs to be
approved through either rezoning which would have to come back to this commission to make it
actually a suitable site. It meets the geographical needs I think, it has the space that’s necessary.
My concern to continue to move forward is that we have that final direction. I think I’m
probably trespassing on what you actually asked me to do because we are going to be involving
some resources to find the dollars. We have had some preliminary conversations with our
bonding people at the beginning of this process and it’s just a matter in my mind getting further
direction to move onward with this site or any site that’s been selected.
Mr. Hatney: Do you have a problem with the site or something?
Mr. Russell: The only problem I have at the moment is it’s my understanding it’s not
currently zoned appropriately and you’d have to make those arrangements. As far as the
geographical site itself, the lay of the land and the size of the site it would accommodate what we
would propose, yes.
Mr. Mayor: I do have another question though, too, and it’s often been said I know by
former Mayor Willie Mays that it’s better to plan with people than for people. Has the
neighborhood, the surrounding neighborhoods have they been involved in the process at all to
this point? Mr. Administrator. Now please y’all hold your ---
Mr. Russell: And that’s part of the concern that I share that that involvement would
come through the planning process and the rezoning of that particular area and that would be the
direction that that would come from in my mind.
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Mr. Mayor: Commissioner Williams.
Mr. Williams: Commissioner Smith had his hand up first, Mr. Mayor. I yield to my
senior, in age that is.
Mr. Mayor: Sorry. Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. It’s ironic that both of these proposed tracks was in
my district and I am, I resent the fact that these two presentations, one from Beech Island, SC,
one from Columbia County would come to Richmond County and ask us to spend our tax dollars
to build you a racetrack.
(APPLAUSE)
Mr. Mayor: Y’all please, please, order. Mr. Charette.
Mr. Charette: I may live in Columbia County but I do have my business located in
Richmond County of Fifth Street and have been there since 2007. I also have two homes that is
in Richmond County that I do pay property taxes on.
Mr. Mayor: Okay.
Mr. Charette: A couple other things if you don’t mind. I want to say, sir, that I didn’t.
We do have the boat races and if there’s any complaints, I haven’t heard any complaints from the
North Augusta on the South Carolina side or the Georgia side of any noise. And with the
churches right there next to the drag boat races and we’re very successful there every year. And
we’ve been doing that twenty-five years. I don’t understand why we wouldn’t try to do a drag
strip, whether I do it or anybody else does it.
Mr. Mayor: Okay, Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor, a couple of observations. The first thing is when
we first initially proposed this and brought it I think the IHRA, the International Hot Rod
Association was here and brought us a study and gave it to us and told us that it would generate
between $20 and $25 million per year. They would guarantee the City of Augusta one major
event. Now I think these same people would be here if we were talking about a tax increase as
well. We are one of the lowest out of 159 counties our tax base is one of the lowest. But we’ve
got to do something to generate money and we don’t want to do something that’s going to
disrupt our neighborhoods or disrupt the community. Commissioner Smith talked about that it’s
ironic that these two sites are in his district. Well, he lives in South Augusta and that’s the only
land we got. If we could put a drag strip on the river we probably could do that too and it
wouldn’t be any problem since the boat race is no problem. But since we’ve got to go someplace
and since we’ve got to do some things, Commissioner Holland talking about thinking outside the
box. This is something that’s going to generate as much money as the biggest attraction we got
and that’s the Masters. The Masters draw probably $30-38 million a year to the economy. That
helps us out a lot. That keeps us out of trouble a lot. If it wasn’t for that I don’t know what we’d
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do. We all got an opportunity here now to do something different. There are several homes,
nice brick homes at Jackson that you can stand in their driveway and look down the street and
see the entries to the gate. Nobody got a for sale sign upon their property. Nobody’s saying they
want to leave nobody’s saying they can’t sleep nobody’s saying you know y’all don’t know what
you’re doing. There’s money to be made for this City of Augusta and that’s what this
community ought to be all about is trying to do some things to keep it off the backs of the
taxpayers. We ask for $2.00 out of every ticket sold to be given back to the city to help us
generate some monies to take care of the homeless shelter, the museums and all the things we got
to do. If 500,000 people a year go to the races, that’s a million dollars that we’ll give back to the
city plus all of the economic dollars. Now I now most of us hadn’t been to the drag strip. In fact
90% of this room hadn’t been to the drag strip. We think it’s something with a bunch of kids
outside. But these are professional people who have been in business for many, many, many
years who own cars that cost as much as most of our homes cost and this is just top of the line. I
told Mr. Charette I wasn’t going to say anything because people think it’s something for Marion
Williams. But this is not for Marion Williams this is something for the City of Augusta.
Mr. Mayor: Okay.
Mr. Williams: This is something to help us with our economic dollars, Mr. Mayor ---
Mr. Mayor: Okay.
Mr. Williams: --- and I think we ought to be mindful of that, the Administrator was right
we gave him instructions to find other property and get the funds available. If he’s done that I
don’t even see why we’re at this point without continuing to do what we need to do that.
Mr. Mayor: Thank you, Commissioner Williams. Commissioner Bowles.
Mr. Bowles: Thank you, Mr. Mayor. We keep talking about how much money it’s going
to bring in and I don’t doubt that we’ll be an economic impact for the citizens of Augusta.
However the feasibility study had several flaws of which I’ll just name briefly four of them. On
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a letter I sent to C.H. Johnson the IV, vice-president of Johnson Consulting on May 2 2007 on
Section 7 Page 3 he references the International Association of CVB’s and statistics from X-pact
2004. The X-pact spending figures can only be used to determine direct spending for meetings,
conventions and trade shows not for sporting events. Substantial revenues from luxury suites
and rentals even though their construction costs were not included in the development cost of the
feasibility study. No insurance for construction during the construction phases and no insurance
during the operational phases of this facility no accounting for the bond repayment for the debt
that the city would take on. As a CPA for 15 years I’ve trained to produce and read financial
forecasts and feasibility studies however what is alarming to me about the above emissions is
that the known end users of these statements were elected officials. As a result many of these
items would not and could not reasonably have been discovered and I requested an immediate
response as expected and greatly appreciated and his response was do not correspond with me
anymore. I will contact my attorney for a restraining order. So I think that says a lot about the
credibility of our feasibility study. Thank you.
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Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. Just to respond ---
Mr. Mayor: Excuse me, Commissioner Williams ---
Mr. Grantham: I’ll yield to him.
Mr. Mayor: Okay.
Mr. Williams: Thank you, sir, Mr. Grantham. Just to respond to a portion of that is that
we, the IHRA, the International Hot Road Association came in and explained to us that they
don’t purchase insurance until after they use it. In other words they use the facility and then they
pay for the insurance. They got a contract. They go all over the world all over the country they
pay for the insurance after the event has taken place. That might be kind of strange but that’s the
way they do business. They explained about how they insurance not only just the people out at
the racetrack but they explained about how they insure the spectators as well. So I don’t about
that feasibility study that Mr. Bowles is talking about but the one that I saw had in it the fact that
they do pay for the insurance with a certain insurance company who takes care of all of the
events all over the world wherever they travel. They don’t pay for the day of use they pay for
after they use it and I asked that question why did you do that. And they explained to me and I
don’t who else was in that meeting said that they didn’t pay for the insurance because if there
was a rainout, if the event that didn’t take place then they didn’t need to pay for the insurance.
They had paid for the insurance after every event that they use. So those things have been
thought about. We’re going to strain our necks and swallow camels about getting economic
dollars in this city. We need to do some things that are going to generate some funds whether is
be this or something else.
Mr. Mayor: Okay. Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. If economic development is our concern and
that’s the one we’re talking about it concerns me to the fact that we’re going to try and find
money whether it be via bond issues or whether it be via our own general funds to come back
and try to support an effort like this when I have heard now for 4 ½ years the dying request by
inner city with houses that need to be torn down and destroyed and moved out of the way so that
we can build homes back for people to be able to afford and move back into facilities such as
that. It bothers me that we can’t make the effort for our inner city as strong as we’re making it
for something to build out in our rural areas and harm the people that are living in that area. So
you know, my point is I can support economic development, I can support an effort to do
something but I want to do it right and I want to do it so it’s going to be the betterment for the
entire community and if we can do that then I think we are helping people have a better standard
and quality life of living in a better home than what they have today.
Mr. Mayor: Thank you. (APPLAUSE) Hold it down hold it down y’all. Save your
applause until the end of the meeting. Commissioner Cheek and then I’ll go to Commissioner
Smith.
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Mr. Cheek: Mr. Mayor, I’ve never understood how we can mix the relevant with the
irrelevant that makes sense. But the bottom line is it’s been told to the people that this is going
to cost tax dollars. My understanding is that the funding mechanism will be revenue anticipation
bonds. Based on a financial proforma from the development of the track and the partnership and
the agreements with professional associations like NHRA. The thing that is I think of most
relevance is half of this commission and all of you that are sitting here today many of you
wonder why we can’t have a TEE Center down here built. The TEE Center, the Exhibition
Center we know going into it is going to cost us $300,000 plus dollars a year over and above
what it’s anticipated to generate. Now half of this board sits here and says I can’t understand
why the other half won’t vote for that. It’s such a great thing for this city. Now half of this
board is sitting here, certainly over half of the board since we voted to approve it is sitting here
saying a drag strip makes sense like it does east of New Orleans and I can name countless cities
where it’s done and it’s financed through an association with the local government, it’s a
financial impact it’s positive in these other areas but we continue to scratch our heads and why
does that group want a drag strip. Until we get to a point where we can understand the needs for
the entire community to develop a multi-prong approach to economic development as a body
we’re going to continue not to have a TEE Center and not to have a drag strips or other things
that are going make Augusta a place where tourists want to come and spend their dollars. Other
cities are doing it. People around us are doing it and we continue to if it’s not my way then it’s
wrong. But the truth of the matter is if you look outside of Augusta where it’s being done
successfully and bring it back to this city it can work right here but we choose to draw lines in
the sand and fight against TEE Centers ---
Mr. Mayor: Okay.
Mr. Cheek: --- and fight against drag strips when actually we need both.
Mr. Mayor: Okay. Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. I think that first of all that the location is bad. It’s a
two-lane road with an 80-foot easement of property lines ingress and egress. There’s no
sewerage out there and they tell me on national events you have thousands of people and we also
have a new fire station which there’d be no way that these people could get out, the emergency
vehicles and attend to their business. So I’m not against a drag strip I’m against the location.
I’m also against the county being involved in it. Thank you.
Mr. Mayor: Okay, can I just say that we can sort of move forward on this let me just, this
has been a presentation. Mr. Charette came as a delegation. To my mind there’s no proposal,
there’s no package or anything included in this to vote one way or the other. That’s just my
opinion so I don’t you know I throw that out there and say I’m not exactly sure how we proceed
on this if it’s to request that some sort of a package or proposal is brought back to the next
meeting. Mr. Administrator, would you have a ---
Mr. Russell: I guess simply what Mr. Charette’s looking for is some direction on
whether or not it probably be worth his while and maybe I’m putting words in his mouth but
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whether or not it would be worth his while to go ahead and proceed with a rezoning application
to see if we can move this thing forward one way or the other. I guess what I’m looking; I don’t
know how you do that. I think maybe that’s the process you go through is to let that happen and
fight the battles in Zoning and fight the battles as that comes around I guess. The dilemma I’m
in is that I’ve got --- Several of you are telling me in one direction we need to go and several
telling me that another direction that we need to go and I guess out of selfishness on my part it
would be nice to be able to know what direction we’re actually going to go in. The zoning issue
will solve itself as a problem and that will be either a yes or no opportunity I think and is that the
direction if that’s the will of the body that we do that or if we do that in my mind that’s the next
appropriate step. I think Mr. Charette’s here to tell you that and see if that’s where he wants to
go and I think he’s trying to figure by your approval or lack thereof or your comments on where
to go and it’s seems like we’re still right pretty much down the middle.
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: Mr. Administrator, unless the site is not acceptable or zonable to the matter
in which we’re talking about and we don’t know that without have them do that so your due
diligence has not been done. I don’t think so, has it?
Mr. Mayor: Mr. Charette.
Mr. Charette: The zoning can be either industrial or commercial and either one is
acceptable for the drag strip and through questions through the licensing department there
shouldn’t any problems with that moving through.
Mr. Cheek: A point of procedure, Mr. Mayor, a point of order.
Mr. Mayor: Reverend Hatney still has the floor. Are you done? And okay, Andy, I will
grant you your point of order but you’ve spoken to the ---
Mr. Cheek: Just a point of order, Mr. Mayor. If there’s any member of this commission
instructing the Administrator not to proceed apart from a will, a vote of the will of this body a six
vote majority they’re in conflict with the consolidation bill or are in fact violating the rules of the
commission and I for one would like to know who is especially seeking to stonewall or delay the
actions of the will of the body if that is existing.
Mr. Mayor: You know we’ve taken up ---
Mr. Russell: Mr. Mayor, if I can respond ---
Mr. Mayor: Mr. Russell.
Mr. Russell: I have not received any specific directions from any member of the
commission either way in this. Obviously being somewhat astute to the needs of the commission
it seems obvious to me that there’s a lack or readiness on a good portion of the part and more
than readiness on the other and I think my delay is that of my personal survival more so than any
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great direction given by the commission at this particular point. And I apologize if I influenced
or meant to say that.
Mr. Cheek: Continuing with the point of order. The whole reason that we have a six-
vote rule in this commission is that demonstrates the will of the body the elected body having
jurisdiction in Augusta-Richmond County. We so order by majority. No one has the right to
impede that that sits on this board that disagrees with that and therefore by innuendo or hurt
feelings or whatever else if we do not proceed with the actions of this commission that is the
thing that most of us has complained about throughout the years of staff of not following
through. I for one believe we voted to proceed with this and if rezoning or if it’s currently zoned
and prepared to do that then we move forward with whatever action is necessary to proceed with
the development of this site.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Mr. Mayor, for us to sit here and advise Mr. Charette on how to rezone a
piece of property would be total violation of state law in my opinion. That we are the ones that
have to make that decision we certainly don’t give advice on how to rezone a piece of property in
public.
Mr. Mayor: Okay. Mr. Administrator, Mr. Charette, unless it’s a question directed to
you as we’ve given you your five minutes of allotted time ---
Mr. Charette: I’m not sure I had my five minutes but go ahead. I’m sorry.
Mr. Mayor: Okay, but let me just try to think of a way. We’ve have spent nearly 45
minutes on one delegation. I think we need to move forward on this. I think that the appropriate
thing would be you know, to some how task the Administrator to bring us something back to
vote on. I’m you know, there’s nothing of substance in front of us to vote on at this point.
Mr. Brigham: Mr. Mayor I call for the order.
Mr. Grantham: Second.
Mr. Mayor: Okay. Is there a second?
Mr. Grantham: Yes. (INAUDIBLE)
Mr. Williams: Mr. Mayor, we don’t want to get into parliamentary procedure but if the
call for order’s been called then we need then we vote to see if we need to continue to debate or
not.
Mr. Mayor: Okay.
Mr. Williams: That don’t mean we vote on the issue now. I don’t think we’re through
talking and it’s something that should have been talked through earlier.
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Mr. Mayor: Okay, the order’s been called for. Commissioners as to whether or not to
proceed with this line of conversation will vote by the usual sign of voting.
Mr. Grantham: Wait a minute now. Are you voting in favor of the order or in favor of
carrying on the conversation?
Mr. Mayor: Could you clarify your ---?
Mr. Brigham: I think I’m calling for the order of the day, which means to move to the
next agenda item.
Mr. Mayor: Okay ---
Mr. Cheek: Change my vote to no then.
Mr. Mayor: Okay that’s fine. If we could clear it ---
Mr. Grantham: And move on.
Mr. Hatney: Mr. Mayor?
Mr. Mayor: This is voting to move on to the next item.
Mr. Hatney: But I’m ---
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: This doesn’t make sense. We do crazy things sitting up here. Seriously.
The Administrator has already been tasked as to what he’s supposed to be doing. If the
Administrator has not completed his task, his task was after that other site was refused, find a
suitable site and suitable funding. That’s what I remember him being tasked to do so if it needs
to be rezoned or whatever he needs to do that.
Mr. Mayor: I would say ---
Mr. Hatney: He’s been tasked. We already agreed on the drag strip. That’s been voted
on. You don’t vote on that no more.
Mr. Mayor: Okay, but we’re voting now and the question of whether I guess it would be
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to look back at the minutes and what the motion was on December 9. But if the Administrator
has not completed his task I would say it would not be ready to be voted on until the
Administrator completed his task. This motion is just to proceed on to the next agenda item.
Mr. Williams, Mr. Cheek and Mr. Holland vote no.
Motion carries 7-3.
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Mr. Mayor: Okay, thank you, ma’am. We’ll move to our, actually um, if Mr. Hudson’s
in the room. Mr. Hudson, I’m actually going to recognize Dr. Paul Broun first, our newly
elected Congressman. I did want to allow him the chance to address the body as our
representative from this district. (APPLAUSE) Dr. Broun, it took us nearly 45 minutes to get
through that one so if you could keep you remarks sort of brief, please, sir. But we appreciate
you coming.
Mr. Broun: Mr. Mayor, I had intended to make brief remarks and I appreciate you giving
me some time and yielding me some. I just came to greet you and tell you that during my
campaign for US Congress I pledged to every single community, every single county in the
district that I was going to represent their interests. I’m eager to be a one-man Chamber of
Commerce for your community. When I was in medical school here at the Medical College of
Georgia, I bought a house down on the south side of Augusta just off of Peach Orchard Road.
My heart’s with your community. I was a taxpayer here for almost six years I think and I so
have a great deal of love for your community and I just wanted to come and tell you, here I am to
serve you and that’s what we’re all about. We’re in the negotiation process hopefully today
we’re going to finalize the lease on an office. It’ll be on Washington Road just south of where
Hereford Farm Road runs into Washington Road. But we’re here to serve you. So I just came to
say hello, introduce myself to you, Mr. Mayor, and the council officially as the Congressman of
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the 10 Congressional District and tell you I’m eager to work for you. As a medical doctor I
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represent my patient’s interests as a congressman of the 10 Congressional District I represent
your interests. So I’m eager to work with you so let me know how we can and I thank you very
much.
Mr. Mayor: Thank you so much and Congressman I just want to, (APPLAUSE) I know
that you’re drinking from a fire hose right now so we appreciate you taking time out of your busy
schedule to be with us today. Thank you so much.
Mr. Broun: Thank you, Mr. Mayor. I appreciate it. Thank you all. (APPLAUSE)
Mr. Mayor: All righty. Since he’s leaving we can give him our applause now. Madam
Clerk, let’s move on to the consent agenda and also know that we have a couple of items for
deletion and one for addition.
FINANCE
33. Motion to approve relegating certain un-collectable personal property (business)
accounts to insolvent status. These accounts have been determined by the Tax Assessor’s
Office to be inactive. Also, efforts to collect the account by DTSi (Collection Agency have
resulted in no collection. (Approved by Finance Committee July 30, 2007).
OTHER BUSINESS
52. Presentation on the Ellis Street Option. (Requested by Commissioner Andy Cheek)
The Clerk: Yes, sir, on the addendum agenda we have a request for the deletion of two
items. Item number 33 which was requested by the tax commissioner and item 52 which was
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requested by Mr. Cheek. And we have a request from the Attorney’s office for an addition to the
agenda. It is to approve a resolution to hold a public hearing on a resolution to impose a $1.50
per month charge for VOIP, Voice Over Internet Protocol Service for subscribers in Augusta,
Georgia.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Clarification on Item 52. Mr. Mayor the, I apologize but the slide
presentation is not mature at this point in time and I request that that be added to the next
commission agenda.
Mr. Mayor: Thank you. Commissioner Williams.
Mr. Williams: Yes, sir, this item number one from the Attorney, Mr. Mayor, can
somebody explain why that is so urgent that it’s got to be on this board and not go through the
committee meeting process as well.
Mr. Mayor: Mr. Boudreaux.
Mr. Boudreaux: I can explain why the need for it. I don’t know that it needs to be done
this week if the commission prefers to divert to committee it can be. Knowing that it’s a matter
of the revenues that cannot be collected until this resolution is amended.
Mr. Mayor: I think we have Mr. Shepard here. And, Mr. Hudson, I just realized. I will
get back to you in a minute and I apologize. Go ahead, Mr. Shepherd.
Mr. Shepard: The reason for assigning the VOIP is so that we can implement it as of
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September the 1 and administratively ascertainable deadline. If it’s brought to me, Mr.
Williams, I believe after the meeting the last time. That’s why it did not go through the
committees. We already reaffirm annually a charge on the E911. This is to catch carriers such
as Vonage and others who are using, I don’t fully understand telephone service or Internet
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protocol myself but this was a matter of timing to get it on September the 1. You want it not
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timed on September the 1?
Mr. Williams: Mr. Mayor, I can’t agree until we go through the proper --- We said we
wasn’t going to bring any additional stuff to the committee, the commission meeting and we do
every week and if this is not an emergency, it’s something we need to do I don’t, we don’t have
unanimous consent to add this one today.
Mr. Mayor: Okay. Commissioner Brigham.
Mr. Brigham: Mr. Mayor, do we have any estimates as to what kind of revenues we’re
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going to lose if we postpone this to the 1 of October?
Mr. Mayor: Mr. Shepard.
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Mr. Shepard: I’d have to let Mr. Lawson speak to that and I don’t see him. I can find it
out though. The idea was simply to get it in to the covenant.
Mr. Mayor: Okay. We don’t have unanimous consent on the addition. Let’s go ahead to
the consent please, ma’am.
The Clerk: Did you want to have Mr. Hudson next?
Mr. Mayor: Um, let’s go ahead through the consent and then I’ll let Mr. Hudson.
The Clerk: The consent agenda consists of items 1-49. That’s number 1-49. Under the
Public Services portion of the agenda, item #2 is a request for an alcohol license. I’ll read that
and if there are any objectors would you please signify your objection by raising your hand. It is
a request for a retail package Beer License to be used in connection with ASNA, Inc. located at
2700 Peach Orchard Road. Are there any objectors to this alcohol petition?
Mr. Russell: None noted, Mr. Mayor.
Mr. Mayor: Okay, are there any additions, silly question with three agenda items or two
agenda items. Are there any additions to the consent agenda?
Mr. Cheek: Are we doing deletions yet?
Mr. Mayor: No, we were doing additions just because if anybody wants to get one of the
two out of the way. Okay, are there any items to be pulled for discussion? Commissioner
Brigham.
Mr. Brigham: I’d like to pull item number 17.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Item 45, Mr. Mayor.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor, I need some clarity on item number 5, item 25 and item 20.
Mr. Mayor: Okay. Are there any further items from the consent agenda to be pulled for
discussion? Mr. Bowles.
Mr. Bowles: Yes, sir, I would just like some clarification from the Administrator on the
intent of motion 26.
Mr. Mayor: Mr. Russell.
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Mr. Russell: Yes, sir, Mr. Mayor, there needs to be an editorial change of the language
there that reads a motion to approve a contribution. It should be assistance in the amount of
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$1,000 in association with 4 Annual Barber’s Ball. That was directed to me to be either in kind
or as financial assistance at that point.
Mr. Mayor: Are there any further additions, I mean items to be pulled for discussion?
Mr. Williams: There was one more, Mr. Mayor.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Give me one second, please, sir.
Mr. Williams: Item 22, Mr. Mayor.
Mr. Mayor: Okay. Any further items to be pulled? Madam Clerk, could you read back
the --- Commissioner Hatney.
Mr. Hatney: I need some understanding on 36.
Mr. Mayor: Okay, Madam Clerk, could you read back the items?
The Clerk: Yes, sir. The consent agenda then would be items 1-49 with items being
pulled, number 5, number 17, number 20, number 25 ---
Mr. Williams: Twenty-two, Nancy.
The Clerk: 22, 26, 36 and 45.
Mr. Mayor: Mr. Bowles, did you have your question answered on 26?
Mr. Bowles: Yes, sir.
The Clerk: Twenty-six is okay then.
Mr. Mayor: Okay, I’d like to get a motion to ---
Mr. Cheek: Motion to approve, Mr. Mayor.
Mr. Williams: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
CONSENT AGENDA
PUBLIC SERVICES
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1. Motion to approve the 2008 agreements which run from July 1, 2007 to June 30, 2008
for Senior Services Nutrition, Wellness and Recreation Programs with CSRA-RDC.
(Approved by Public Services Committee July 30, 2007)
2. Motion to approve New Ownership Application: A.N. 07-37: request by Muhammed S.
Monga for a retail package Beer License to be used in connection with ASNA, Inc. located
at 2700 Peach Orchard Rd. District 2. Super District 9. (Approved by Public Services
Committee July 30, 2007)
3. Motion to approve amending budget to provide for expenses regarding the closing of the
runway at Daniel Field Airport. (Approved by Public Services Committee July 30, 2007)
4. Motion to approve and Ordinance providing for the demolition of certain unsafe and
uninhabitable structures in the East Augusta Neighborhood: 131 McElmurray Drive, 225
Japonica Avenue, 423 Dupont Street, 434 Dupont Street, 113 Courtland Drive, (District 1,
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Super District 9); AND WAIVE 2 READING. (Approved by Public Services Committee
July 30, 2007)
6. Motion to pre-approve the acceptance of a Federal Aviation Administration (FAA)
grant and adjust the 2007 Budget to reflect these monies. (Approved by Public Services
Committee July 30, 2007)
7. Motion to approve Bid Item #07-091A for the construction of three (3) tennis courts at
Fleming Tennis Center to Ammar Construction Company for $157,700.00. (Approved by
Public Services Committee July 30, 2007)
8. Motion to approve the 2008 Food Service contract for senior nutrition services with GA
Foods, Inc. (Approved by Public Services Committee July 30, 2007.
9. Motion to authorize the Administrator and Recreation Director to make formal
application for grant funding thru Georgia Dept. of Natural Resources “Go Fish Georgia
Initiative” for the expansion of boat ramp facilities at New Savannah Bluff Lock and Dam
– Baurle Boat Ramp. (Approved by Public Services Committee July 30, 2007)
10. Motion to approve A&E services for park improvements to McBean Park to Johnson,
Laschober & Associates for $22,050.00. (Approved by Public Services Committee July 30,
2007)
11. Motion to approve of lease renewal from 1 July 2007 through 30 June 2027 for the
Naval and Marine Corps Reserve Center on Central Avenue. (Approved by Public Services
Committee July 30, 2007)
12. Motion to approve the selection of Campbell and Parris Engineering as the airport
Architectural, Engineering and Planning Services Consultant. (Approved by Public
Services Committee July 30, 2007)
ADMINISTRATIVE SERVICES
13. Motion to approve the revision to the First Time Homebuyer – Down Payment
Assistance Program Design. (Approved by Administrative Services Committee July 30,
2007)
14. Motion to approve award of 2007 Home Funds for CHDO Set-Aside Projects.
(Approved by Administrative Services Committee July 30, 2007)
15. Motion to approve the revision to the Emergency Repair and Homeowner
Rehabilitation Programs’ Design. (Approved by Administrative Services Committee July
30, 2007)
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16. Motion to approve retirement of Mr. Sterling Howell under the 1949 Pension Plan.
(Approved by Administrative Services Committee July 30, 2007)
PUBLIC SAFETY
18. Motion to approve additional Purchase of Services Grant Funds. (Approved by Public
Safety Committee July 30, 2007)
19. Motion to approve Property Lease for Fire Station #9. (Approved by Public Safety
Committee July 30, 2007)
21. Motion to approve the Sheriff’s Office purchase of new digital portable radios to
replace old and obsolete equipment. (Approved by Public Safety Committee July 30, 2007)
FINANCE
23. Motion to approve request to amend budget for Fire Department grant FG-05019 in the
amount of $164,394. (Approved by Finance Committee July 30, 2007)
24. Motion to approve of Change Order #001 for Fire Station #3. (Approved by Finance
Committee July 30, 2007)
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26. Motion to approve a contribution in an amount up to $1,000 in association with 4
Annual Barber’s Ball tournament for Angelic Community Resource Development.
(Approved by Finance Committee July 30, 2007)
27. Motion to approve annual $24,000 contribution to enable CSRA Alliance to continue
Augusta-Fort Gordon economic development and partnership efforts. (Approved by
Finance committee July 30, 2007)
28. Motion to approve funding in the amount of $33,300.00 for July 17, 2007 Special
Election Runoff. (Approved by Finance Committee July 30, 2007)
29. Motion to approve refund recommendations from the Board of Assessors for two (2)
accounts. (Approved by Finance Committee July 30, 2007)
30. Motion to approve the Tax Assessor’s recommendation that Ms. Mattie Guy be
refunded for years of 2006 and 2007 exemption for Parcel 129-0-061-00-0 Account 8260.
(Approved by Finance Committee July 30, 2007)
31. Motion to authorize the Administrator permission to seek the professional services of
an auctioneer for the sale of certain properties, which will be declared surplus and will be
published in a list available to the public. (Approved by Finance Committee July 30, 2007)
32. Motion to approve Proposal for Compensation and Classification Consulting Assistance
from Buck Consultants and task the Administrator to negotiate with Buck Consultants
regarding the staffing necessity as an additional component of the proposal. (Approved by
Administrative Services Committee July 30, 2007)
33. Motion to approve relegating certain un-collectable personal property (business)
account to insolvent status. These accounts have been determined by the Tax Assessor’s
Office to be inactive. Also, efforts to collect the accounts by DTSi (Collection Agency) have
resulted in no collection. (Approved by Finance Committee July 30, 2007)
34. Motion to confirm nomination of manager underwriter and co-manager underwriter
for the issue of Augusta Utilities Refunding Bond Series 2007. (Approved by Finance
committee July 30, 2007)
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ENGINEERING SERVICES
35. Motion to abandon an alley known as Telfair Lane to Demarcpoint, LLC. (Approved
by Engineering Services Committee July 30, 2007)
37. Motion to approve award fro Additional Design Services in the amount of $42,238.00 to
Johnson, Laschober & Associates, P.C. (JLA) in order to incorporate changes from the
original Horsepen Phase II design requirements which are currently at 100% stage of
design. (Approved by Engineering Services Committee July 30, 2007)
38. Motion to approve the Engineering Department to authorize Supplemental Agreement
Number Three and Capital Project Budget Change Number Three (CPB# 324-04-
203824335) authorizing the allocation of funds in the amount of $29,000.00 to W.R. Toole
Engineers, Inc. to complete the design for the MM Scott Park in the Belair Hills
Subdivision. (Approved by Engineering Services Committee July 30, 2007)
39. Motion to approve changing Benson Drive to Benson Road. (Approved by Engineering
Services Committee July 30, 2007)
40. Motion to authorize condemnation of a portion of Property #052-0-117-00-0 3906
Carolyn Street, which was owned by the late Jonathan and Christine Edwards, for 1,025
Square Feet of Permanent Easement and 2,793 Square Feet of Temporary Easement. PW
Project: Belair Hills Subdivision Improvement Project. (Approved by Engineering Services
Committee July 30, 2007)
41. Motion to authorize condemnation of a portion of Property #051-0-220-00-0 1608 Hilda
Avenue and 051-0-221-00-0 3917 Bolton Street, which are owned by Leonard M. Gaines,
for 2,000 Sq. Feet of Temporary Easement. PW Project: Belair Hills Subdivision
Improvement Project. (Approved by Engineering Services Committee July 30, 2007)
42. Motion to authorize condemnation of a portion of Property #065-2-003-00-0 3912
Padrick Street, which is owned by Lonell and Carol Y. Spurgeon, for 653 Square Feet of
Right of Way and 1,802 Square Feet of Temporary Easement. PW Project: Belair Hills
Subdivision Improvement Project. (Approved by Engineering Services Committee July 30,
2007.
43. Motion to authorize condemnation of a portion of Property #051-0-234-00-0 3946
Carolyn Street, which is owned by Ruth N. Gray and Thomas D. Gray for 3,805 Sq. Feet of
Permanent Easement and 3,387 Sq. Feet of Temporary Easement. PW Project: Belair Hills
Subdivision Improvement Project. (Approved by Engineering Services Committee July 30,
2007)
44. Motion to approve of utility items to be constructed by Mabus Brothers Construction,
Inc., in the East Boundary Drainage & Improvement Project in the amount of $97,148.67.
(Approved by Engineering Services Committee July 30, 2007)
46. Motion to approve the purchase of a Trimble R8 GNSS Receiver Kit, Data Collector
and Accessories in the amount of $27,455.75. (Approved by Engineering Services
Committee July 30, 2007)
47. Motion to approve and Option for Right-of-Way between Augusta, Georgia, as owner
and Augusta, Georgia, as optionee, in connection with the St. Sebastian Way Project, for
0.206 acres (8,965.86 sq. ft.) in fee and 0.032 acre (1,410.21 sq. ft.) of permanent
construction and maintenance easement for the following property located at 1522 & 1547
& 1548 Broad Street for a purchase price of $86,100.00. (Approved by Engineering
Services Committee July 30, 2007)
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PETITIONS AND COMMUNICATIONS
48. Motion to approve the minutes of the regular meeting of the Commission held July 10,
2007 and Special Called meeting held July 26, 2007 and July 30, 2007.
ATTORNEY
49. Motion to approve Recodification of Augusta Code, 2007 Revision. (Approved in July
10 Commission meeting – second reading)
Motion carries 10-0. [Items 1-4, 6-16, 18-19, 21, 23-24, 26-35, 37-44, 46-49]
Mr. Mayor: And now I will give Mr. Hudson his opportunity to make his presentation.
And then due to the fact that it seems as though many people are here for agenda item #50,
following Mr. Hudson’s presentation we will move to agenda item #50. Mr. Hudson.
DELEGATIONS
D. Mr. Scott Hudson. RE: “First Saturday Crew”
Mr. Mayor: Please state your name and address. I think everybody knows you but five
minutes please.
Mr. Hudson: Scott Hudson, 2212B Joy Street, Augusta, Georgia. Thank you for letting
me speak to you. First of all I want to let you know I’m speaking to you not as one who
unfortunately has to cover your activities but as a citizen of Augusta Richmond County. With
that being said Mr. Mayor, Mayor Pro Tem Commissioners, what I’d like to give you a
presentation on today is a little idea that I had a couple of weeks ago. I sent out an email to
everybody in my address book and suddenly the First Saturday Crew was born. And what we
do, this is just a informal group of people, we get together on the first Saturday of every month
and we find an area of town that needs improvements, needs cleaned up and show up spend
about four or five hours and clean the area up. And it started off as just a small group of people
and now we’ve got the Augusta Boxing Club wanting to become involved as volunteers. We’re
also speaking with the Boy Scouts and I’m thinking that within the next six months this might
turn into a small army of folks coming out to work on the community. There are a lot of gems
that are hidden in Augusta. The veryfirst place that we started with is the area known as the Old
Aqueduct and I’d like to give you just a very brief history in case you were not familiar with this
area. It is off of the canal it was originally built in 1845 along with the rest of the canal to allow
Rae’s Creek to flow under the canal. And they noticed within about a year or two that the
wooden structure that they had built was leaking and was about to fail and would probably dump
the canal back into the Savannah. So in 1850 they got some stonemasons from Italy to come out
and they built this gigantic beautiful structure. In 1871, this name might ring a bell, Charles
Olmstead; he is the stepson of Frederick Law Olmstead who built Central park. He came in and
walled up the old aqueduct and created what we now know as Lake Olmstead. This is a very
significant historic area, probably one of the neatest gems that we have. But the last time I can
find that anyone has done any work on this area was back in the 1930’s and early 40’s and so I
want to report to you today that we descended on this area last Saturday morning, the trash is
gone a lot of the underbrush is being removed and I wasn’t planning on asking for anything from
the commission but you know when you get started on a project you get down there and get the
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mud all over you, you realize okay down the road we might need a little help. So what I’m
asking from you today is possibly a resolution of your support for this informal group that would
work with Mr. Russell, the city departments to make sure they’re aware where we’re going to be,
exactly what we’re going to be doing, not cutting down any tress that we shouldn’t be cutting
down and I would like to ask as we move along this is going to be a good six-month project for
us. The undergrowth that is down in there has grown for 70 years. We cannot get it up over that
aqueduct wall. We tried every way to Sunday and couldn’t do it. So we need to ask the fire
department to come out at some point in time when it’s a good time of the year to do a controlled
burn then I would like to ask some of our lumber companies to donate or give us lumber at a
wholesale price so that we can build a staircase from the top all the way down into the ravine.
The only way to get down there now is to scale the side of that wall and perhaps the city can help
us in building that because I’ve never built a staircase and don’t even want to try. Some of the
area is marshy. I don’t know if this was the intent of Mr. Olmstead to allow a little bit of water
to come out of the aqueduct but the area can be fixed to where most of it is grassy with maybe a
little channel, a little help with that. And I would also like to challenge each and every one of
you guys. The whole deal with the First Saturday Crew is you don’t have to come out every first
Saturday just when you have time, come out grab a shovel and help us out.
Mr. Mayor: Thank you so much. We appreciate that and thanks for getting that crew
together. We need more citizens rolling up their sleeves and getting their hands dirty.
Mr. Cheek: Mr. Mayor ---
Mr. Hudson: It’s funny but we’ll do it.
Mr. Mayor: Mr. Cheek.
Mr. Cheek: In this, this is similar to some issues we’re dealing with Third Level and
other places. I’m sure you guys could use for instance a roll around wagon or container to put in
the waste and have the city remove it and several things like that. I’m very familiar with the area
you’re talking about. Is there anything like that that the city can provide that it’s not providing
currently to help facilitate and expedite getting the trash out of there and cleaning it up.
Mr. Hudson: They’re already doing it. And I’ll tell you I’ve had a wonderful experience
dealing with your department heads including Mr. Russell, the gentleman who runs the Public
Services. They’ve been wonderful. We did have that service out there. What I would like to do
is continue to work with Mr. Russell and then maybe come back to your body and let you know
what we might need in the future.
Mr. Cheek: Count me in as a volunteer.
Mr. Mayor: Me too. Thanks, Scott. Okay, Madam Clerk, we will now prior to
addressing the pulled items let’s go to item number 50.
The Clerk:
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PUBLIC SERVICES
50. Discussion: A request by the Augusta Richmond County Commission for a Hearing to
consider the possible probation, suspension or revocation of the Alcohol Beverage and
Business License held by Charles Cummings for Super C’s Restaurant and Lounge located
at 2746 Tobacco Road. There is Sunday sales and dance. District 4. Super District 9. (No
recommendation from Public Services Committee July 30, 2007)
Mr. Cheek: So moved, Mr. Mayor.
Mr. Grantham: Second.
Mr. Mayor: There’s a motion and second. I know we have somebody here to speak on
Mr. Cummings behalf. Mr. Allen if you could state your name for the record and just keep it to
five minutes, please, sir.
Mr. Allen: Ben Allen and I’m here on behalf of Charles Cummings and Super C’s. Is
there a procedure that you wanted to go through or?
Mr. Mayor: No, obviously you’re here to represent him and I’m giving you this time to
state your case.
Mr. Allen: First off I would like to request a continuance of this particular matter. One of
the reasons why we would like to get a continuance because it would give us an opportunity to
work with the Legal Department, work with the Sheriff’s Department and other interested parties
in the community to come up with a workable solution to a matter that’s before this board. So
my first response is to ask for this continuance to see whether or not we can get this body to
agree to allow us an opportunity over the next two weeks to work with all stakeholders to come
up with a workable solution.
Mr. Mayor: Okay in order ---
Mr. Williams: So moved.
Mr. Mayor: --- that would take a substitute motion and a second.
Mr. Williams: So moved.
Mr. Mayor: I think Commissioner Williams made the substitute motion.
Mr. Hatney: Second.
Mr. Mayor: We have a substitute motion and a second. Commissioner Bowles.
Mr. Bowles: I would like to hear what the Sheriff’s recommendation is, Mr. Mayor.
Mr. Mayor: Okay. Mr. Strength.
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Mr. Williams: Point of order, Mr. Mayor.
Mr. Mayor: Mr. Williams.
Mr. Williams: If we’re going give the Attorney a continuance I mean wouldn’t that be
wrong to have the Sheriff to speak now on whatever he’s recommending? I mean if we’re going
to allow him an opportunity to work with the Sheriff and all the stakeholders he just mentioned
which would be the Sheriff I think. Is that right, Mr. Allen?
Mr. Allen: That’s correct.
Mr. Williams: That would be one of the people that he’s going to ---
Mr. Mayor: Okay.
Mr. Williams: --- deal with so to have the Sheriff make a recommendation now ---
Mr. Mayor: Okay.
Mr. Williams: --- may be premature.
Mr. Mayor: The Chair rules that should the substitute motion not pass to give a
continuance then we will hear from both sides equally. I think that’s fair enough. Okay, we
have a substitute motion for a continuance and a second. Commissioners will now vote by the
substitute sign of voting.
Mr. Brigham, Mr. Smith, Mr. Bowles, Mr. Grantham, Mr. Harper and Mr. Cheek vote No.
Motion fails 4-6.
Mr. Mayor: Okay, Mr. Allen, I will ---
Mr. Hatney: Mr. Mayor, could I ask a question?
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: My concern is that we give these continuances all the time. We do it all of
the time, all the time. We’ve done it ever since I’ve been on this; it’s given all the time. I’m not
suggesting one way or the other but my concern is, is that we practice funny business on this
board. We give leniency when we chose to but otherwise we don’t. The Attorney asked for a
continuance. That shouldn’t have even been a voting matter. It shouldn’t have been.
Mr. Mayor: Well, it is an agenda item, though, Dr. Hatney, and we have to dispose of the
agenda item.
Mr. Hatney: Yeah, I know this.
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Mr. Mayor: Okay. Mr. Allen.
Mr. Allen: Thank you.
Mr. Allen: Each one of you should have in front of you a package of information that I
prepared and put in your mailbox concerning what we would like to do at Super C’s. There are
two licenses that my client has. One has to do with the operation of the restaurant. The other
one has to do with the liquor license. And if you take a look at the information that we put in
front of you, what we would like to do is, and you know even proposing this will not be saying
my client has done anything wrong done anything to merit the fact that he is trying to say that he
done something wrong. But in the spirit of compromise we have placed in front of you a
situation in which we’re asking this body to take a look at the two licenses that my client has.
One has to do with the operation of the restaurant one has to do with the liquor license. We’re
saying that, you know we need a period of time that we can fully implement some of the changes
that we would like to implement at Super C’s and one of the ways we get to implementing these
changes, continue to operate as a restaurant. We’re willing to have the liquor license suspended.
We keep the beer and wine license, the liquor license to be suspended for 60-days and we’re
going to also implement changes whereby we’re not going to allow persons under the age of 21
to frequent the establishment. There has been a source of concern. In speaking with my client
we have identified that as being somewhat of social concern and we proposed to eliminate that
problem. And also as you see we’re going to change the whole format of operation of Super C’s
even from the music that we play. Again my client basically have recognized that the type of
music that you play sometimes may incite people to do things that the perhaps should not do. So
we’re changing that entire format. So if you take a look at what’s in front of you what we’re
proposing we’re hoping that this body will agree that any person that’s in business should not be
held to (unintelligible) that any person that’s in business should take reasonable steps to insure
that his business is a good neighbor. And that’s what my client is doing. You know he has
security in place in fact he has worked with the Sheriff Department since he’s been in business at
Super C’s. The Sheriff has provided security for him and will continue in the future to provide
security for him. He and in addition to the Sheriff providing security he has some individuals
that he used as personal security in an about the facility. So my client has taken steps to be a
good citizen and we hope that this body will allow him to continue to be a good citizen in this
community.
Mr. Mayor: Thank you, Mr. Allen. Sheriff, would you like to?
Sheriff Strength: Thank you and I’ll definitely keep it within five minutes. I don’t need
to stand up here and go over the many complaints and problems we’ve had out there. I did that
at committee meeting and everybody here I think was Commissioner Cheek was there. But I
would like to make a couple of comments about some things some commissioners said
concerning the closing of Super C’s which I think will come up today and I would like to address
them. One commissioner said if you close them down the folks that are patronizing it will go
somewhere else. Well that’s absolutely correct but if the right message is sent these other bar
owners in town will know commission is not going to stand by and allow this type of activity to
go on in their bar and they will not let them patronize their establishment. Another
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commissioner said a shooting can happen anywhere. That’s true also but we’re not here talking
about revocation of a license because of the last incident which was a homicide. I went over
many, many things that we’ve had up there not just complaints with us but complaints that I
received from the folks that live in that area that led up to the homicide. It was said that if we
had, one of the commissioners said well we had a shooting at a local gas station and we didn’t
close the gas station. Again that’s correct but at the shooting that we’re talking about I think we
did respond to that shooting at a local gas station where over 50 rounds were fired between two
gangs that had just left Super C’s. And I told you last week of course that gang members and
drug dealers that was a hang out for them. That’s our job to know this we’ve got intelligence in
these places we have under covers in these places and that’s how we get our information first
hand. I know you folks don’t patronize it you don’t go out there and you don’t know. But that’s
our job and that’s what we’re doing. It was also said and the last comment on this well if you
close Super C’s down it is an establishment in Richmond County where the county would lose
revenue they’d probably move to North Augusta. Well that’s not correct either because the
council in North Augusta would not permit, would not approve a license with an establishment
like this with the track record that they have. And I think that if the decision is made just to put
Super C’s on probation what we’re doing is sending a message to the other club owners in town
you can have this many problems and evidently more than one homicide before we’ll get
involved in commission and I don’t think that’s the message the commissioners want to send
everybody else. We have over thirty clubs in Richmond County. We have problems with
probably three or four and of course Super C’s being one of them. Now I’m going to go over
something today that I didn’t go over and I know Charles Cummings, been knowing him a long
time, a friend of mine and I like him. But Charles has said okay we’re going to clean it up we’re
not going to have this type people in my club anymore. But I’m going to tell you a little bit
th
about the homicide out there without compromising anything. On the 4 of July Super C’s
opened. They’re not normally open. That’s a Wednesday. But they opened and on that night
there was a big fight within the club. Everybody was put out into the parking lot, there were
several shots fired in the parking lot with weapons and of course we got a call. And of course
when we got there everybody was gone and of course nobody saw anything. But follow this,
Sunday after this Wednesday these same two groups that were fighting Wednesday night came
back to the club and on interviewing the intended target in this murder Jordache Tanksley, we
interviewed him after we arrested him this week and told us of course that he was there and when
he came back he was stopped at the door, talked to by Charles Cummings and Charles
Cummings told him I know we’re not going to have any problem with y’all again tonight. So
what that point is he knew that same group was in there Wednesday night causing problems, he
allowed them back in there Sunday night knowing what had happened Wednesday night and of
course an innocent person was killed in there. And bottom line on this without a doubt my
recommendation would be revocation of these licenses.
Mr. Mayor: Okay. Thank you, Sheriff. Commissioner Holland.
Mr. Holland: Thank you, Mr. Mayor. Now I’ve been sitting and listening to all of this
information that’s been coming on and we’ve been discussing in reference to Super C’s. And the
other day I picked up the paper and looked in the paper and saw where they had a lot of shooting
at Caesar’s Palace in Las Vegas and I’m sure they’re not going to close it down. And I’m, first
of all I want to sympathize with the families. I’ve lost one in a tragic event such as you and I
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sympathize with you. But we’re talking about a gentleman’s livelihood here. We’re talking
about someone who has made a contribution to the community and we’re talking about someone
who’s been trying to work with the community as best as he possibly can. Now we don’t want to
set a precedent here in trying to revoke this mans license. The Sheriff just said we have forty-
four clubs in the Augusta area and I know that there are more than three clubs that give trouble in
the Augusta area. Super C’s is not the only club that has had some minor problems. They’ve
had, when somebody start a problem at your house and they finish it at Kroger’s you are not at
fault. Just because it started at your house and ended up at Kroger’s you are not at fault because
of that particular incident. We’ve got to look at all of the different clubs we have in this city.
Now if we’re going to revoke the license or vote to revoke the license of Super C’s club we got
to be consistent about what we’re doing in reference to the rest of the clubs especially those
clubs in the areas that are black owned. And I’m looking at that and I see that and to me I see
somewhat of a conspiracy in terms of trying to close these different clubs down. So I am asking
that you think very, very seriously about what we’re doing in reference to these clubs. I don’t
like to see these fighting’s either. On this weekend the Mayor, ---
Mr. Mayor: Okay.
Mr. Holland: --- Mr. Russell and all of us, Mr. Strength, we attended a quorum of a gang
fighting. Fifteen minutes after we got out of the gang fighting a young man was shot and killed
in Burke County. Are we going to close the city down in Burke County because that happened?
Mr. Mayor: Okay.
Mr. Holland: Let’s think about what we’re doing. Let’s think about the person’s
livelihood. Let’s give these people an opportunity ---
Mr. Mayor: Okay.
Mr. Holland: --- thank you, Mr. Mayor. Let’s just give them an opportunity to get
together and sit down and talk it out.
Mr. Mayor: Okay.
Mr. Holland: And as Dr. Hatney said a continuance has been asked on a number of
occasions and it’s ironic at this particular time we cannot get it.
Mr. Mayor: Okay.
Mr. Holland: It’s totally unfair.
Mr. Mayor: Commissioner Holland, thank you. Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. We know that our Sheriff is elected by all of the
people in Augusta Richmond County not just one district and we certainly need to support his
recommendation. As far as Mr. Cummings is concerned I know him, I’ve known him a long
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time, he’s a friend but he has not taken care of business out there. He’s allowed these things to
come in and continue to build just like these gangs and um, it’s to little to late then I feel that
something’s got to be done and the recommendation that I would have would be to pull the
license and give him to the first of the year to regroup and then come back before the board
again. That would be my recommendation.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I heard all of the statements that the Sheriff made
today and in committee meeting and he and I don’t always see things the same way but we still
got vision, we still can see. I’d like to ask the Sheriff though if Super C’s, anyplace and
establishment had been doing this for this much time why hadn’t you as the Sheriff or someone
from your office came before now and made the recommendation or say well if this happens
again. Not just this but if there’s any more trouble I go back again I said to the family I feel
sorry for the family not just for them but for the young man. But we know that this community
and this entire world is different from when you and I was a boy Sheriff. People will fight and
then be friends the next day. But people are not fighting anymore they’re destroying each other
and I don’t want to crucify the business owner and if Mr. Cummings had instructed one of his
people or somebody he knows to go in and cause problems and been a part of this I would say
yes. But when people who are underage who do things that they shouldn’t do even if they was of
age and we can’t control that how can we shut down a business and the Sheriff’s department
who’s got a list ‘cause y’all got intelligence you said that y’all be knowing what’s been going on
over there. So instead you’re coming to this body and saying that this establishment’s going to
be in a disarray in another month we as a governmental official need to call them in and say we
tolerate it. But now it’s crunch time, it’s kind of you know it’s at the point where you’re going
not punish but you’re just going to take it all the way out. Now if there was another avenue or he
could keep one side of the license and I think his attorney talked about that. If the Sheriff
Department knew all of this stuff going on we shouldn’t come in and said we need to take his
alcohol license we need to take his beer and wine license or we need to take his food license
because ---
Mr. Mayor: Okay.
Mr. Williams: --- it’s headed in a direction that’s not good.
Mr. Mayor: Okay.
Mr. Williams: But we didn’t do that. We let it go, Mr. Mayor, until it got to this point.
And now we’re waving the flag and I think Commissioner Smith said it’s too little too late.
Mr. Mayor: Okay.
Mr. Williams: I think you know we waited to late to come in and do that.
Sheriff Strength: Could I ---
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Mr. Mayor: Commissioner Bowles.
Sheriff Strength: --- answer that question?
Mr. Mayor: Please, Sheriff.
Sheriff Strength: I think if you’ll check the records I think they were on probation one
time before they were brought up here, were caught again and put on double probation one time
after that. So they have been up here and it’s up to commission to make those decisions. I don’t
get to make them.
Mr. Bowles: Thank you, Mr. Mayor. From Mr. Strength’s information that was April of
2002 when Super C’s was on probation last. And that reminds me. If we’re going to sit here and
criticize the commissioners for not giving a man a chance to run a business I remember back
twelve months ago when a man wanted to open a manufacturing distillery of vodka ---
Mr. Mayor: Okay, let’s keep to ---
Mr. Bowles: --- on Sand Bar Ferry. It’s germane to the issue, Mr. Mayor, if we’re going
to talk about consistencies of voting behaviors. We would not allow him to open up a business
so I would like commissioners to think hard about that one as well one.
Mr. Mayor: Okay.
Mr. Bowles: As the Sheriff said he was on probation back in April of 2002 so we have
given him numerous chances.
Mr. Mayor: Commissioner Cheek.
Mr. Allen: May I?
Mr. Mayor: Mr. Allen we, I’m ---
Mr. Allen: I understand.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, I promised when the redistricting occurred the people of
Pepperidge, Sand Ridge, Fairington, Quail Hollow, High Point, Clark Estates that I would
continue to be their commissioner and represent them. They have had concerns about this since
the seven years and eight months that I’ve been in office. Yes, there is a conspiracy here is a
conspiracy that’s going on in this city where the citizens of this community who marched around
this building today and said they were God’s children and the elect people are tired of seeing
young men going to jail and getting locked up for being involved in gangs. And yet we sit here
today saying there’s a conspiracy to close a business down while we want to buy them gang
clothes and have a place for them to be sold. Were we won’t have a place for them to congregate
27
because it’s a business. The bottom line is these are the places that we need to weed out of our
community, to take away the opportunities for the gang activities that are occurring in all of our
neighborhoods across this city. If you weigh the good of the whole against this single business,
if we can weed this out we can diffuse many, many situations that have occurred along the
Tobacco Road and South Augusta area. Mr. Mayor, there is a conspiracy. The leadership of this
city that should be the most concerned about these young men who get locked up at a young age
who will never become anything but hardened criminals are continuing to find places where they
can go and congregate and be involved in crime with drugs and gang activities and violence
instead of saying we will end this now. We continue to want to keep places open and buy the
gang colors and talk about oh it’s the urban culture. The bottom line is everybody in this city no
matter what they look like they want their children to grow up and become something of
themselves.
Mr. Mayor: Okay.
Mr. Cheek: And we create an environment where they are encouraged to be parts of
gangs, and to be involved with drugs and illicit activities then we are contributing to their
downfall when we should turn that around and say no ---
Mr. Mayor: Okay.
Mr. Cheek: --- this is enough and in any other place, Mr. Mayor, that’s like this needs to
be shut down.
Mr. Mayor: Okay. Okay (APPLAUSE) no please y’all, order, order. Commissioner
Harper.
Mr. Harper: Thank you, Mr. Mayor. That club is located in my district. I represent
District 4. I’ve met with over 300 people concerning this matter. I’ve taken over 150 calls pro
and con on this matter. This is not a personalized issue it’s a community issue. This is not a
referendum on Mr. Charles Cummings character or personality but a community issue. An issue
where hard working people want to be safe and their children. Now I listened to the arguments.
When they had a problem in a club in District 2, Gunther’s they got shut down. We had a
problem up in the sports bar. The owner’s didn’t kill nobody, it got shut down. I vote the will of
my community I represent. My personal take in this does not matter what I think one iota it’s
what’s the citizens of District 4 think and they gave me their direction and voiced opposition
loud and clear and told me what they expect out of me sitting down here today representing
them. It’s a shame we had to come to that, it’s a shame a young man had to lose their life but the
bottom line is the buck’s going to have to stop here like it or not.
Mr. Mayor: Okay. Commissioner Grantham and then Commissioner Holland, I’ll come
back to you for your second.
Mr. Grantham: Thank you, Mr. Mayor. My concern is that we hear all of these requests
for licenses, liquor license and beer license, food license whatever it is and we pass on those
individuals based on their character and based on what they have done in the past. Here about
28
six eight months ago we had a request down on Sand Bar Ferry Road for a person that wanted to
manufacture beer and sell it and shipping it out of his manufactured facility. On that there was
no sale of any alcohol in his business there was no street traffic there was nothing to harm the
citizens of that community or within the whole city. But we refused that we refused that based
on the request of people who said they did not want it in that area. It concerns me now that we
are requesting to maintain a license in an area that we know is not very desirable and a business
that has not taken grasp and taken hold of what they should do as far as running a business. So
it’s hard for me to decipher between the two when we look at on one hand not even allow a
person to manufacture something and sell it by shipping it out of his business but we’re going to
let someone open their business and sell beer and alcohol and no matter what happens we’re
going to condone that and we’re going to let it continue to work. So I just can’t see us letting
this continue to go. We need to make a stand. We need to send a message to this community.
And if Mr. Cummings and I appreciate his business attitude and his approach towards this
community but I think he can come back with special request asking for some type of food
license, some type of way to open his business at a later date Mr. Allen and come back and say
I’m willing to do what’s right in this community. This should have been done long before today.
We’re just a little too late.
Mr. Mayor: Okay. Commissioner Holland.
Mr. Holland: Thank you, Mr. Mayor. One of the things I wanted to mention too is that
we’ve talked about what has happened we’ve talked the gangs we’ve talked about the guns but
has anybody thought about attacking the problem. What is the problem? The problem is that we
got young men with guns in the community. Do we have anybody out there trying to stop these
young men with these guns? Has anybody arrested the four young men who broke in the
pawnshop and stole the thirteen guns? Do we have anybody observing the other pawnshops in
the area? Have we tried to bring any of these young people together or to sit down and talk
about why are you doing this. We’re just letting it ride and we’re letting it ride and it escalates
because we haven’t given them an opportunity to come and have some input as to why they’re
doing this. There’s a reason behind everything. I don’t want to see Mr. Cummings lose his
license and I don’t these people in this community to be upset with anybody. And like I said I
sympathize with them but we need to attack the problem and the problem is, is that we have too
many of our young men in the community with guns and we need to try and come to some kind
of coalition to bring them together and sit down and talk about this and ask them why are you
doing this and try to stop it. But if we just continue to just go along and say we’re going to close
this club and we’re going to close this club and we’re going to close this club we’re going to
arrest this kid. You know it’s unfortunate that we have these things to happen because when you
have to look at all of this together the mind starts to wonder and things start to happen. But we
need to sit down we need to come to a table of truce and I said that during the time I was
campaigning. Lay the cards on the table bring these people together sit down. We know who
they are, we know who some of the leaders are so let’s bring them together ---
Mr. Mayor: Okay.
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Mr. Holland: --- and sit down and talk to them and give them an opportunity to have
some input has to what and why is happening in the community and why they’re fighting each
other.
Mr. Mayor: Okay. Commissioner Hatney.
Mr. Hatney: Thank you, Mr. Mayor. Let me make one thing clear. I’m not here fighting
for no alcohol license. I promise you I don’t vote on no kind of way but what I am concerned
about is the closing down of his restaurant. That’s all I’m interested in. I’m not here fighting for
a liquor license. I promise you that.
Mr. Mayor: Okay. We have a motion. I believe everybody’s had adequate time to speak
to the issue. Mr. Cheek, could you restate your motion?
Mr. Cheek: My motion is to follow the recommendations of the Sheriff’s
Department in the best interests of this community and close this establishment down and
revoke all licenses applicable to its operation.
Mr. Grantham: That was my second.
Mr. Mayor: What’s tha?.
Mr. Grantham: That was with my second.
Mr. Mayor: And that was with your second, Commissioner Grantham? Okay. We have
a motion and a second. If there’s no further ---
Mr. Hatney: I’d like to offer a substitute motion.
Mr. Mayor: We already had one substitute motion that we actually --- the substitute we
voted on originally was to defer the agenda item based on the request of Mr. Allen.
Mr. Cheek: Point of parliamentary procedure.
Mr. Mayor: We actually, that was the substitute motion that we’ve already voted on. So
---
Mr. Cheek: Mr. Mayor ---
Mr. Mayor: We voted on the substitute motion earlier.
Mr. Holland: The continuance?
Mr. Mayor: The substitute was to, Mr. Allen had requested a continuance and the
substitute motion was voted on and subsequently defeated.
30
Mr. Cheek: Point of parliamentary procedure, Mr. Mayor.
Mr. Mayor: Mr. Cheek.
Mr. Cheek: Thank you, Mr. Mayor. It is the right of any member of this board to offer a
second or third or fourth substitute motion until the issue is decided or until it’s been ruled from
the Chair that there’s been adequate discussion.
Mr. Mayor: Mr. Boudreaux.
Mr. Boudreau: The, in the rules I don’t. I’m not aware of any limitation on the number of
substitute motions. I believe that would be correct.
Mr. Mayor: Okay, we’ve been clarified. Commissioner Hatney, you wanted to offer a
substitute motion?
Mr. Hatney: My substitute motion is that we allow him to maintain his restaurant.
Mr. Williams: What was the motion, Mr. Mayor?
Mr. Mayor: The substitute by Commissioner Hatney was to allow him to maintain his
restaurant.
Mr. Holland: I second that motion.
Mr. Mayor: Okay, if there’s no further discussion commissioners will now vote on the
substitute motion by the substitute sign of voting.
Mr. Brigham, Mr. Smith, Mr. Bowles, Mr. Grantham, Mr. Harper and Mr. Cheek vote No.
Motion fails 4-6.
Mr. Mayor: Okay we will now vote on Mr. Cheek’s motion and the commission will
now vote by the usual sign of voting.
Mr. Williams and Mr. Holland vote No.
Mr. Hatney and Ms. Beard abstain.
Motion carries 6-2-2.
Mr. Mayor: Okay, Madam Clerk, we will now start on the items pulled from the consent
agenda. I believe with beginning with item number 5.
The Clerk:
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PUBLIC SERVICES
5. Motion to approve 2007-2010 Operating Agreement between Augusta, Georgia and the
Augusta Museum of History for the Ezekiel Harris House. (Approved by Public Services
Committee July 30, 2007)
Mr. Mayor: Okay. Was this, whose pull was this I’ve lost track. Commissioner
Williams.
Mr. Williams: Mr. Mayor?
Mr. Mayor: Item number 5, which was pulled from the consent agenda.
Mr. Williams: We talked about this issue in Public Services and I’ve got no problem
with that but we asked for a report to see how much I guess revenue how much participation of
where they are with this Ezekiel House up on Broad. What was being done I guess. Just some
explanation as to where we are with that.
Mr. Mayor: Mr. Russell.
Mr. Russell: Ms. Bonner in her effectiveness requested that information from the Ezekiel
Harris House. It is in your book. The number of visits that were there from 2004 and 2007
about four thousand people basically. It looks like the numbers from 2006 a 51% increase over
2005. The current visitation to the end of June is 597 people. As far as the activities go I wasn’t
aware that that was part of the question but we’ve got a representative from the library here if
you’d like to know what actually occurs during that time, sir.
Mr. Williams: Well, yes, if someone’s here I would like to just some and we’re in
support but there was no backup to tell us anything and I though someone was going to come and
kind of share with us. The Ezekiel House has been there for quite some time I don’t see a lot of
activity but I’m not --- land or on Broad that much now so.
Mr. Mayor: Okay.
Mr. Williams: I don’t get the opportunity to physically see it but ---
Mr. Mayor: Ms. Glaser, are you coming forth to speak to this issue?
Ms. Glaser: Yes, Mr. Mayor. Commissioner Williams, we run a number of special
activities, events over there. Our most recent was Archeology Day, which brings in close to 200
people on the property. That’s not a tour through the house but it brings people to that area of
town. We also did our Blues and Barbeque Events, which was another outdoor event of the
grounds this year. We did have at least one, we invited everyone to come, we had one of the
commissioners that was able to make it. The visitation in the house we have one person who
takes tours over there all day on Saturday and by appointment during the workweek. That’s
Tuesday through Friday.
32
Mr. Williams:
And the reason I asked for this I’ve been very familiar with the Ezekiel
House for many years and I don’t think it’s being utilized to its capacity as far as like you say the
house itself is being shown. When it came through Public Services we wasn’t opposed to it I just
wanted to get some information as to where we are. We was talking about some additional funds
to help with that and it ought to be enhanced in some way to attract people there. There used to
be some shrubberies on the front. I can’t remember now where that shrubbery is at now and I
thought that shrubbery did a dis-pleasure as far as being able to view that property when you
come down. Like I said I can’t speak to what is there but it’s a historic home that’s been there all
these years and we need to do something now. The Recreation went next door and put the park
there right at it which made it even better. We put a lot of money from Recreation there. We did
some in-house labor with some of the inmate crews I think we had to do the work on that. But I
I’m going to make amotion to approve,
just think it ought to be enhanced and Mr. Mayor ---
Mr. Mayor: Okay.
Mr. Williams: --- but I would like to continue to get some update as to where we are and
what’s going on with that.
Mr. Mayor: Absolutely. Is there a second on that motion?
Mr. Holland: Second.
Mr. Mayor: We have a motion and a second. Mr. Administrator.
Mr. Russell: Commissioner Williams, the budget allotment is done yearly so we’ll have
an opportunity to address that during our budget process as we go forth. So this is actually to
cover the cost is we can get that money distributed as you want to do that. That’s something we
could talk about in October.
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.
Mr. Mayor: Okay, Madam Clerk, I’m doing my best to clear the dugout here. I know we
have a delegation agenda item number 25 so let’s take that one next.
The Clerk:
FINANCE
25. Motion to approve funding for the new Augusta Tomorrow Master Plan for Augusta’s
Urban Core in the approximate amount of $95,000 in the 2008 budget with equal plan and
financial participation from the public and private sectors. (Approved by Finance
Committee July 30, 2007)
Mr. Mayor: Commissioner Williams.
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Mr. Williams: Yes, sir. Mr. Mayor, I met with that board and I felt that they had a good
plan to do some things. I just need Robert to come up if he will to speak to us just for a second,
give us a little bit of insight. When you’re talking about revising and looking at a master plan for
Augusta I want to make sure we’re inclusive and Rob and I we talked about this a little bit today
and I talked with him when I went to the luncheon and enjoyed it. But to try to get this in my
mind, I don’t worry about nobody else, if I can get it in my mind how we grow the master plan
for the City of Augusta and not just downtown Augusta. We know across the river they’re doing
some great things over there and we can look out and see those things done over there. But when
you’re talking about, if you’re talking about the downtown, that’s one thing. But if you’re going
to talk about Augusta I think we need to be looking at a wider range of where we’re spending.
You’re talking about a plan, what’s it a 20-year plan, is that?
Mr. Osborne: Well, the one we’ve got now we did 25 years ago. I’d say we’d be paying
in 20-25 years out.
Mr. Williams: Okay and that brings to my attention, I’m not opposed but when you’re
talking about voting on $95,000 for that I need to know that we are inclusive in trying to grow
Augusta. I feel like our downtown and other areas are going to grow when we do some other
things that get people. You’re not going to get in my mind because you’re in the money
business; you’re in the banking business so we think totally different. But to get people to come
to Augusta we got to have things in Augusta. Our downtown area I think will take on a new life
because that’s our heart that’s our center. But if we don’t focus out, if we don’t focus on some
other things we’re just going to get downtown and downtown has been doing for 25 years,
you’re talking about a 25-year plan and this is going to out for another 25 years we can’t wait
another 25 years to be inclusive to getting ---
Mr. Osborne: You’re exactly right.
Mr. Mayor: Okay, hang on one second, Robert, and I just wanted to say that you and I
and Commissioner Williams are on the same page but I did want to hear from Commissioner
Hatney then we’ll go to Mr. Osborne.
Mr. Hatney: My question is, Mr. Osborne, reading the statement here it says motion to
approve funding for the new master plan. Are you saying the plan is already completed because
that’s what this says.
Mr. Osborne: The plan is ---
Mr. Hatney: If it’s already completed and does not include where I live in your plan I
can’t vote for this plan.
Mr. Osborne: Well, the new plan ---
Mr. Hatney: Because this sounds like it’s already completed.
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Mr. Osborne: Not the new plan.
Mr. Hatney: That’s what is says here.
Mr. Osborne: Well, the new plan’s not complete, Commissioner. The old plan is about
90% complete. The old plan focused on the downtown area. It went as far out as Laney Walker
but it was focused on downtown. What we fully expect that the consultants that we’re going to
bring in here to tell us is that the new area is going to be much larger that what we had 25 years
ago. If we anticipate it will go down we’ve got a new interstate that goes down to 520 where it
crosses the river. We fully expect that, that you know we’d be crazy not to look at and include
that and what can be done around there and also the Croc Center is going up in Harrisburg and
we would anticipate for that are plus we’re going to through in the master, or encompass the
master plan with MCG, University Hospital, ANIC and the Canal Authority Master Plans. So
the area will be much larger.
Mr. Mayor: Okay, continue Reverend Hatney.
Mr. Hatney: The reason I raised this question is you mentioned it was done 25 years ago.
That’s right because I was there, I was there when they made the proposal and I raised the same
concerns and they assured us that they were going to go back to revisit that and it’s 25 years later
and it has not been done. So I know you were not on that at that time but some of these same
folk are.
Mr. Osborne: I can, I think and Braye Boardman is co-chair of the master plan
committee and we talked about that. I mean you know we can tell you that when the consultants
get here one of the first places we’re going to take them is you know we’ll be outside of just
downtown down to Bobby Jones you know up to the Croc Center out to see what happening with
ANIC and Laney Walker and the Canal Authority. We’re going to show them all of that. Braye,
you want to add anything?
Mr. Boardman: Sure a couple points on. One is we’re fortunate enough Augusta you
know all to often we knock ourselves down and if you look at that master plan that was created
25 years ago the community, not Augusta Tomorrow not the Chamber but the community has
completed at least 85% of the projects that are on that plan. We have done a lot in this
community especially in the downtown area. Throughout that growth the downtown corridor has
expanded now. And as Robert said this new plan we’re looking to go all way to 520 go through
the East Boundary area all the way to 520 go up to where the Croc Center is proposed in the
Harrisburg Community and go a little further in to Laney Walker. When 25 years ago when we
went in, when the plan envisioned going into Laney Walker that was a huge stretch and some of
the projects that have been completed on the, in Laney Walker are the direct result of visioning
through that master plan.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. And you was at that luncheon and I really
appreciate it and I enjoyed it ---
35
Mr. Mayor: What’d y’all eat? It must have been good!
Mr. Williams: Well, it was a sandwich, Mr. Mayor, it was a sandwich, it was no meal
like that. I’m not knocking it but I wanted to share and it was good but that, let me say this is
very, very serious. This community, which is a diverse community we put the Health
Department on Laney Walker, which was in the plan, we put the Health Department on Laney
Walker and we put a Band-Aid and I don’t want to belittle it but we did a face-lift on the galleria
there. But we have not seen any substantial growth or building or doing anything. If you leave
one end of town or one section of area and build it up and leave the other it’s going to eventually
look like it looked before we started. We’ve got to get in there be inclusive and do some things
with some teeth in it with some fiber in it. We got a couple of laundry mats over there, I don’t
know what’s holding them together besides the old Gurley Store and there’s a couple of empty
buildings. But if we’re going to have a 25 year plan we ought to be inclusive enough to say hey
and we went to a meeting last night we talked about a Marriott that was put over in I think
Spartanburg, SC that you know they did. We got to do some things that we ought to let the
community know. We’re not going to sit back and let stuff continue to go downward. We’re
going to put something there that’s going to make some sense. There’s no Applebee’s, there’s
no place to eat. We just got through going through this thing about Mr. C’s or whatever his
name right here. But there’s no place for folks to go to enjoy. There’s nothing for them to
partake of except if they come downtown. Then you come downtown and you feel like, they
don’t do that downtown but it makes you feel like you’re not welcome downtown. You feel like
you know you don’t have the funds to spend. We ought to be a city not just a downtown city. I
didn’t mean to preach so I did that Sunday morning but I’m just saying that we’ve got to include
and if you don’t share it with other people how things are or how we see those things then we
won’t ever do ‘em. I think your plan is good but I think we’re going to get $95,000 now, Robert,
that --- went across the bridge to see about a car park and the man explained to me that his
property was asked to be bought because Mr. Morris had bought from the horse stables all the
way down to the river. We’re looking at going across the river to get North Augusta I think to be
involved in this. I’m not against that but ---
Mr. Mayor: Okay.
Mr. Williams: --- what are we doing at home?
Mr. Mayor: Okay.
Mr. Osborne: I just wanted to address some of your points, Mr. Williams. I think they’re
very valid especially concerning the development in other parts of the community. One thing
that I want to make sure that I leave you with today is um, as I said we have been fortunate in
this community where we’ve accomplished an enormous amount of projects that were
envisioned in that original master plan. The area has now grown. What we call the Urban
Corridor has now grown to those areas that I mentioned further outside of what you see in our
plan. So our hope would be to be all-inclusive. What we would do is hold a series of town
meetings and neighborhood leaders, government, business men all of those people would be
involved to give input on what they want to see in their portion of that urban plan. So that’s
36
where we would get the input and what we want to do is we want to, this is about a $250,000
plan and what we want to do is we want to get some well known nationally recognized
consultants who have done urban plans in other parts of the country. We want to learn from
other progressive cities. What have they done? What are the thing they, we don’t need to
reinvent the wheel. We want to learn some things that they have done in these other cities and
try to apply them to our cities. That’s the planning process we hope for. And I have to say too
that without a plan I think there is some talk amongst y’all and some other folks about other
plans being done in other parts of the community and that’s great and that we’ve got to do is tie
these together. And Robert did say it I just want to remind everybody I’m a big believer in not
duplicating things. We all got reports they sit on shelves in this town. I’m a big believer in this
plan not doing that. The original master plan did not. It encompassed, we have gone out to
MCG to ANIC to the Canal Authority to University Hospital to Paine College to um, to Golf and
Gardens. We have encompassed everybody’s master plan. Springfield Village we’ve
encompassed everybody’s master plan into this original one so it is not truly a representation of
all groups.
Mr. Williams: Mr. Mayor, if I could close out with this statement.
Mr. Mayor: Okay.
Mr. Williams: I want to challenge Clay and Robert. I want to challenge you two to
spend a half a day with me and lets go and just look around at some areas that ought to be in your
master plan. That there’s nothing with teeth in now you’re talking about a laundry mat or you’re
talking about, I’m talking about something that was of some magnitude where you can see
actually see something happen. I talk all the time about raising taxes and people don’t like to
talk about that. But if you raise taxes and you do something with the money that people can see
something they don’t mind paying. But when you give them a piece of a piece of something
then they get distorted and say well it don’t make no sense they’re not going to do anything
anyway. We ought not be blind to what is going on in our community all around the good and
the bad. And the bad is going to get worse if we don’t address it.
Mr. Mayor: And I, Commissioner Williams, I remember during Christmas last year
when you and I walked those streets together and I would challenge y’all to do the same thing
because we really need to take a look at the areas of the city that need it the most. Commissioner
Cheek.
Mr. Cheek: Mr. Mayor, the evidence around us in Aiken and North Augusta and
Columbia County is within the last ten years or so they decided to develop their town centers and
plans for the future and they have been very successful. Absence of us moving forward with this
plan we end up with a piece meal approach to development of Augusta and continue to see the
taillights of our neighbors. This is something we need to move forward with. I’m certain that
the committee is fully open to looking into areas that need redevelopment and it’s something that
we have to do. If we are going to stay in step with or take the regional lead which we should be
for this area and Augusta Tomorrow has been very successful in that we’re about to get our
emergency ingress egress for the Columbia Nitrogen Road and some of the other important
37
things. But this needs to be supported and we need to move forward. I think we’ll all be very
proud of what happens as a result.
Mr. Mayor: Does that come with a motion?
Mr. Cheek: It comes with a motion of support to approve.
Mr. Bowles: 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: Mr. Mayor, I just want to know my challenge that I made. If we support
this before the plan is developed I really sincerely think that we as a body whether I’m here or
not we need to make sure that before they bring a plan back like the plan we had with the Health
Department and the face-lift on the galleria something has to be done for this entire community
and not one.
Mr. Osborne: I’m up to the challenge.
Mr. Williams: I can support that.
Mr. Mayor: Okay.
Mr. Harper and Mr. Holland abstain.
Motion carries 8-2.
Mr. Mayor: All righty, Madam Clerk, next agenda item if memory serves me correctly is
17.
The Clerk:
ADMINISTRATIVE SERVICES
17. Motion to approve restructuring of Land Bank Authority Board. (Approved by
Administrative Services Committee July 30, 2007)
Mr. Mayor: Commissioner Williams was this or Commissioner Brigham.
Mr. Brigham:
Mr. Mayor, I asked for this to be pulled. I remembered when we
established this authority that we put specific people on there for specific reasons. One was to do
a job and we had tried to align it with our employees and I think we need to go back to that. I
don’t have a problem replacing the Housing Director with somebody from Planning and Zoning
but I do think that the Administrator or his designee need to remain a part of the Land Bank and
not a citizen from the community. I think the Administrator has more tools to move this
government in more directions than any given person that we could bring in from the outside.
And I think it’s very important that his leadership is applied to this commission and his authority
38
in this Land Bank that we deal with that and would even go as far as allowing him to designate
But I think the leadership ought to
somebody if he’s got so much on his plate that he can’t.
come out of the Administrator’s office. I would move that we approve that restructuring of
the Land Bank Authority.
Mr. Grantham: Is that a motion?
Mr. Mayor: Is that a motion?
Mr. Brigham: Yes, sir.
Mr. Grantham: Second.
Mr. Mayor: There’s a motion and a second. Commissioner Williams.
Mr. Williams: I’m in support I think but I don’t know what the motion really entails.
You’re going to approve what we got here or are we going to approve just changing the name to
the Administrator? What ---
Mr. Mayor: Mr. Brigham, would you like to clearly restate your motion?
Mr. Brigham: Basically what I moved was we approve what’s there with the exception
of Item #4 person, that’s #4 person remains the Administrator or his designee is basically what I
made the motion to approve.
Mr. Williams: And I can be in support, Mr. Mayor. I’ve got a problem with the
Authority’s that we, the Land Bank sits on its own. Once we designate that this commission has
no authority to tell them really anything and what they do with the property you know we’ve got
some things in place they’re supposed to follow but we have, once they develop that authority
we have no input at all. And I feel like that is wrong but I can support the motion so I just think
we ought to have some input ought to be something with these authorities that we have in this
community that ought not to supercede the elected authority here.
Mr. Mayor: Okay. Commissioner Hatney.
Mr. Hatney: The question is did he mentioned I believe Mr. Brigham the Administrator
or his designee? Are you saying that you recommend this an entity whereas if the Administrator
can’t be there the designee can with the authority to vote?
Mr. Brigham: Yes, sir.
Mr. Mayor: Okay, we have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign.
Motion carries 10-0.
39
Mr. Mayor: Mr. Administrator.
Mr. Russell: It would be appropriate to bring to your attention that it does request that an
ex-officio member from this body is part of that and at some point it would be appropriate to
designate that person and I would maybe suggest we that on the agenda for the next meeting.
Mr. Mayor: Sounds good. Madam Clerk.
The Clerk:
PUBLIC SAFETY
20. Motion to ask the Administrator to meet with the Sheriff and Brenda Durant to
determine the location of some designated parking for the motorcycles during First Friday
and come back with a recommendation at the next Commission meeting on Tuesday.
(Approved by Public Safety Committee July 30, 2007)
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I brought this to committee and we asked the
Administrator to be able to share and what was mentioned was finding a designated location that
wasn’t what I brought but that’s what was mentioned. And I don’t think we’re going to get the
support or we understand that I don’t think the motorcyclists and there are a lot of them that have
been coming to First Friday going to take their bikes and take them to a location somewhere like
the parking deck on green and leave them and walk around. That’s not going to work so I
wanted to bring that. Now we said that they were taxpayers they bought licenses and they met
the guidelines they can park where any automobile can park at. I think there’s a problem with
them parking on the sidewalk. I think that’s how this how thing came up. But we need to
designate we need to share with them or get the Sheriff and the Administrator and Ms. Durant
together so we can understand that if they want to park at a certain place and we designate that’s
one thing but I don’t think we ought to get something passed where they’re going to be required
to park there and they end up with more trouble. So we need to be careful how it’s worded so
that’s why I had this pulled.
Mr. Mayor: Okay.
Mr. Williams: Mr. Russell’s got some comments.
Mr. Mayor: Mr. Russell.
Mr. Russell: The three have us have not been able to get together yet but I have talked to
both Ms. Durant and the Sheriff about this and I agree with Commissioner Williams. I’d think it
would be advantageous to put them in one location. What I saw Friday night was one or two
motorcycles taking up two or three spaces down the line and our parking more valuable than
that. What I’m going to suggest to the Sheriff and I think our conversation is that we go ahead
and designate some potential spaces for them right on Broad Street so that they’re there where
they can watch the bikes. I’ve got no problem with that and just locate a position just designate a
40
couple motorcycle spots you know, you know what I mean an area for motorcycles there on
Broad that we would publish. Obviously you can’t make them park there opposed to someplace
else but I think if was convenient and available it would probably take care of other issues. I’m
not opposed to that.
Mr. Mayor: Okay. Commissioner Cheek.
Mr. Cheek: Mr. Mayor, on street parking is a problem for most motorcycles because of
the angles and pushing a 1000 pound motorcycle up the hill is a difficult proposition. Plus here
again their motorcycles are works or art. If you look at a lot of them they’re very beautiful
machines so several places along with businesses would be more appropriate than one single
location. While we’re on the subject of First Friday I just wanted to mention I had the honor of
representing you and the commission in a presentation Friday night for the world champion
Augusta Spartans Indoor Football Team and I noticed that the coach and a friend Bubba Diggs is
present and I wanted to publicly congratulate him for their achievements in uh, I think what’s the
motto for next year? “In it to defend it.” But on behalf of the Augusta Commission and Mayor I
was able to speak for that in your achievements and we really are proud of you.
Mr. Mayor: I would say Augusta, the City of Champions.
(APPLAUSE) With that can we get a motion to approve?
Mr. Cheek: 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.
Mr. Harper out.
Motion carries 9-0.
Mr. Mayor: Next agenda item, Madam Clerk.
The Clerk:
PUBLIC SAFETY
22. Motion to approve request from the 911 Center for transfer of funds to cover Legal
Expenses. (Approved by Public Safety Committee July 30, 2007)
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, sir. I first wanted to know because I thought our Legal
Department would be handling through our Legal Department here. Phil, can you tell us what
legal I guess not cases but I mean how much of this that we got legal funds and stuff?
41
Mr. Boudreau: We have contributed nothing to the Risk Management Funds and because
of litigation that is ongoing the funds have been depleted some and so they requested that we
help supplant it since one of the cases they’re involved in does involve 911.
Mr. Williams: Can you, Mr. Mayor if I can, can you tell us how much money is in the
fund. Are we talking about $25,000 ---
Mr. Boudreau: Oh you mean in the fund balance?
Mr. Williams: Right in the fund balance for the 911.
Mr. Boudreau: We were discussing it just last week and it was over $300,000.
Mr. Williams: And we need money and we have over $300,000 in the fund. Okay, can
you get me, get us something that we could look at something I can physically see so we’ll know
I make a motion we approve Mr. Mayor.
what that is?
Mr. Cheek: Second.
Mr. Williams: With over $300,000 now I’m sure the $25,000 we contribute will be ---
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: One question, sir. You mentioned legal expense, who, are our legal
department is handling this?
Mr. Boudreaux: Yes, sir, our Legal Department is.
Mr. Hatney: Then why should you have to --- this department here doesn’t belong to the
city?
Mr. Boudreaux: I would have to defer to Mr. Shepard, to Mr. Shepard ---
Mr. Hatney: No, you can answer the question, sir.
Mr. Boudreaux: --- in regards to payment.
Mr. Hatney: This department itself does not belong to the city.
Mr. Boudreaux: Yes, the department is part of the city however we have never
contributed dollars to Risk Management which is the fund that is drawn upon to take care of
these matters. And so we’re incurring expenses through Risk Management.
Mr. Mayor: Commissioner Hatney, I think the Administrator ---
42
Mr. Hatney: I just got a problem with us having all of these various departments and than
all of a sudden somebody’s got to contribute to the Legal Fund. That don’t make sense if it’s all
one city. It just doesn’t make sense. We got a battery of lawyers; we got two different firms a
bunch of partners that’s going to get paid anyway. Why should you have to from your money to
put something in that pot when they’re going to get paid anyway?
Mr. Boudreaux: Because part of the expense is a result of 911 litigation.
Mr. Hatney: But it’s part of the city. That’s my concern.
Mr. Boudreaux: Correct but we are a special fund. All of our funding goes just to 911
and then until such time as they need it.
Mr. Hatney: (unintelligible) everybody’s got their own money.
Mr. Mayor: Mr. Russell, do you want to?
Mr. Russell: And that’s what I was going to say. The 911 fund is a separate and distinct
fund from the general budget and that’s why the contributions are now being required. That
money is funded through the fees against the phone system basically.
Mr. Hatney: How long have you been requiring this? It just started this year?
Mr. Russell: What, the fund?
Mr. Hatney: Not with the requiring the contributing to the legal.
Mr. Russell: This is the first time we’ve done.
Mr. Hatney: We’ve been paying it all the time. Then they need to go back and get the
money from the previous year. We need to make up our mind and we need to make sense.
That’s all I’m saying.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Fred, I guess you can answer this. How do we come up with the
percentage to take the $25,000 if they got $300,000? I’m not trying to take your money, Phil,
I’m just trying, I just trying to figure how we justify taking the twenty-five if that’s more than
enough or not enough. How did we come up with the $25,000 when we look at the attorney fees
monthly will blow your mind. So how do we determine that that was all that was needed, the
$25,000 versus ---
Mr. Russell: If I can, Mr. Mayor.
Mr. Mayor: Please, Mr. Administrator.
43
Mr. Russell: Generally speaking for the Risk Management Fund is a formula that we use
that you plug in every year that let’s us anticipate the needs based on previous history. So Public
Works, we had to budget ‘x’ number of dollars from there to cover their normal slips and falls
and those kinds of issues there basically. This is the first time we’ve actually approached the 911
fund for these particular dollars to cover the costs because in all actually it’s one of the first times
that they’ve been solvent in it enough to be able to pay what they’re doing there basically.
Mr. Williams: That’s answers my question, Mr. Mayor. I’d like to get the Administrator
to share with us this body what other areas, not just Legal but what other areas that 911 is
contributing to or should be contributing to as well. Because, and we know they’ve got to
sustain themselves. They’ve got to have what they need to have but it there are other, you
mentioned Public Works. If Public Works, Risk Management or water, if other agencies are
being used then I think that ought to be brought to our attention as well.
Mr. Russell: Right and we’ll be happy to do that.
Mr. Mayor: Okay.
Mr. Speaker: Mr. Mayor, can I address one little sticky wicket worth of an issue here?
Mr. Mayor: Okay.
Mr. Speaker: One of the reasons that 911 fees have got to be handled the way they are is
its Georgia law. You can only use that dollar and a half for 911. You cannot use it for any other
purpose. So this money that we’re moving into Risk Management is to cover 911 legal fees.
And so that’s why we where we are. We do allocated costs every year, which has been running
around ---
Mr. Mayor: Okay.
Mr. Speaker: --- $600,000.
Mr. Williams: And, Mr. Mayor, and that was my request. I’m not asking that 911 to
support the government with --- just what 911 does that costs this government though. Whatever
that is because it’s just for 911. And 911 use lights and everything else. Now we’re paying the
light bill and --- okay, well, I’m just asking the question so we won’t get into that.
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. Hatney out.
Motion carries 9-0.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
44
ENGINEERING SERVICES
36. Motion to approve award for Additional Design Services in the amount of $84,775.00 to
W. R. Toole Engineers, Inc. (WRTE) in order to incorporate changes in design
requirements to both the Doug Barnard Parkway 16-inch Water Main and Lumpkin Rd
20-inch Water Main Improvements at the 90% stage of design. (Approved by Engineering
Services Committee July 30, 2007)
Mr. Cheek: Move to approve.
Mr. Grantham: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Mr. Williams: --- pulling Mr. Mayor?
Mr. Mayor: Yeah, somebody pulled it I don’t know who’s pull it was.
Mr. Bowles: Mr. Hatney pulled it, I believe.
Mr. Mayor: Who did?
Mr. Bowles: Reverend Hatney’s not here.
Mr. Grantham: I don’t believe he pulled it.
Mr. Mayor: Did he pull it?
Mr. Bowles: Yes.
Mr. Mayor: Well out of deference to, before I take the vote out of deference to Reverend
Hatney ---
Mr. Cheek: Motion to table.
Mr. Mayor: Okay we have a motion to table that
agenda item.
Mr. Bowles: Second.
Mr. Mayor: And a second. It’s tabled. Okay let’s go to number 45, Madam Clerk, and
we’ll come back to 36.
Motion carries 10-0.
The Clerk:
45
ENGINEERING SERVICES
45. Motion to approve the Financial Closeouts of SPLOST projects that were programmed
over 10 years ago for the Engineering Department and never designed or constructed. The
funding for these projects will be redirected back into their respective Fund Recapture
Account. (Approved by Engineering Services Committee July 30, 2007)
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, I think we had this same discussion the last time this came up. I
see it’s pretty much come back about the same way it was presented before. The thing that
concerns me on this is that according to the Canal Authority and certainly the neighborhood
surrounding our highly flood prone areas they were unaware that there was money available and
that’s not Abie’s fault, it’s not Fred’s fault, it’s not my fault, it’s not your fault. But the bottom
line on all of this is we have money to clean up the third level. We could subcontract that
amount to go out and clean up and remove the debris and currently I have the pictures in my
laptop, my battery just died. It’s stagnant it’s a mosquito nest it’s also a haven for drugs and
crime and it’s impacting the northern end of Broad Street significantly in it’s current unkept
state. So I’m going to make a motion that that while I have no problem with reprogramming
these monies on projects other than drainage projects that the current funds be left in the project
for Crane Creek, the New Savannah Road project which encompasses Oates Creek which is in
desperate need of dredging and cleaning. That channel is silting up. Raes Creek which if you
look at the end of, in the area entering into Lake Olmstead is silting up. Third level of the Canal
that money can be maintained there and Willow Creek that we continue to keep up and Phinizy
Swamp drainage those monies in and that we instruct staff to subcontract. This does not require
design work to go in and remove vegetation and other debris that is cluttering the channels but
that we instruct staff to subcontract these to local businesses on a for cost basis to clean these
creek basins to allow water to flow freely and flood events to reduce crime and improve esthetics
in our community. That those items be deducted and kept for the purposes they were originally
in there for and the remainder be rolled over into whatever projects deemed appropriate by the
Engineering Department.
Mr. Mayor: We have a motion. Is there a second? Okay, we have a motion and no
second. Commissioner Smith.
Mr. Smith: I’d like to make a motion to approve as is.
Earlier in January we asked
our director, our Engineering Director if he would go through these funds ---
Mr. Cheek: Use the money to clean up the ditches.
Mr. Smith: --- to come out with a recommendation and since he was not here when any
of this went on him and some of his staff went through it with the very best they could and come
up with a plan that nobody on the commission, anybody else I know of knew anything about. I
just think we need to go with his recommendation and I make a motion to that effect.
Mr. Hatney: Second.
46
Mr. Mayor: We have a motion and a second. Commissioner Cheek.
Mr. Cheek: Mr. Mayor I hate, here again I would hate to be in a position of being over a
committee of this city and not be aware of the drainage deficiencies in this city. That is
absolutely unconscionable that we would approach the tropical season and not having, and not
taking this found money that many people didn’t know we have and clean up areas that we can’t
clean up because we don’t have the staff because we’re too ignorant to know where the needs
are. Now I can’t put it any simpler than that, that it doesn’t take a rocket scientist to drive to the
third level and see the stagnant water. And we have issues with West Nile Virus and the facts
that there are trails and camps for homeless and drug addicts over there. You can go to Willow
Creek you can go to Oates Creek where it’s silted up and the largest flood plain in the city which
most people that live in that area, most people on staff know that needs to be removed. Phinizy
Swamp is the main drainage area for the city of Augusta. The downtown business district if we
don’t unclog the bottom of the drain, which is down here by the mill and open that up to where
water can flow freely into those wetlands than water begins to back up into the city. This
commission can do what it sees fit and while I’ll disagree with it if this commission wants to
demonstrate after the years in the ninety plus million dollars worth of drainage improvement
needs that the city has not taking this money and cleaning the refrigerators and the shopping carts
and the fallen trees down in areas that are flooding then your, these homes that will be flooded,
you know those, that’s on your conscience. The bottom line is this is not been a secret from the
public nor has it been for this commission. The director of the Canal Authority had no
knowledge that there were additional monies available for third level work or anything else.
Mr. Mayor: Okay.
Mr. Cheek: And this came up and now we’re going to reprogram it and it’s just a shame
that we have this opportunity and we’re going to let it go.
Mr. Mayor: Okay. Commissioner Bowles.
Mr. Bowles: Have these funds already been reprogrammed or is just going back to be
reprogrammed?
Mr. Ladson: It’s going back through their to their respective phase and once it goes back
to their respective phase then the projects that we actually have coming and we do have several
projects that are coming this year that we’re going to bid on and based on our historical data and
the projects that we have bid within the past year and a half these projects having coming up
more than doubled.
Mr. Bowles: So in your opinion these projects are more important than the projects that
Commissioner Cheek has discussed with the drainage situation or?
Mr. Ladson: I’m not going to say that they’re more important but based on priority I
think the projects that we have that are happen this year and next year it’s going to take priority
based on that we already have a lot of committed funds from GDOT on these projects which is
about $2.5 million dollars. So if we don’t do these projects then we risk losing that money.
47
Mr. Mayor: Commissioner Cheek, I’ve actually recognized you twice.
Mr. Cheek: I think once on this issue, Mr. Mayor.
Mr. Mayor: No, Mr. Cheek, I’ve counted and it has been twice.
Mr. Smith: Mr. Mayor?
Mr. Mayor: Is there ---
Mr. Cheek: I’ve counted. You’re right.
Mr. Mayor: Commissioner Smith.
Mr. Smith: Mr. Ladson, did you mention that some of these projects are state aid?
Mr. Ladson: That is correct.
Mr. Smith: And we would lose this money?
Mr. Ladson: If we don’t do the projects then you lose the state money for it.
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 and Mr. Cheek vote No.
Motion carries 8-2.
Mr. Mayor: Okay, Madam Clerk, back to agenda item number 36 and Reverend Hatney,
I believe this was your pull.
Mr. Hatney: My question is it says motion to approve award for additional design. It
kind of hit me with that. I just need some clarity here.
Mr. Byne: Yes, sir, you’ve got two projects in here. You’ve got a Lumpkin Road line
and a Doug Barnard line. The Doug Barnard line was originally left for engineering in 1996. It
was one of the original bond face projects designed to move water north to south and it wasn’t
constructed at the time because there was another way to solve that problem. It was solved and
we put that project on the shelf. But the construction at the Hicks Plant, hydraulic analysis of the
network and the ultimate way to move water south to north we decided to bring that project back
out and move it to construction. When we did that we realized that there was some easement
land acquisition issues that we uncovered with the main interceptor that forced us to move the
line to the other side of the road. When it did that basically a third of the lines original design
was therefore invalid.
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Mr. Hatney: Thanks a lot.
Mr. Mayor: Okay, there has been a motion and a second to approve this agenda item
while Reverend Hatney was in remove. If there’s no further discussion commissioners will now
vote by the usual sign.
Motion carries 10-0.
Mr. Mayor: Now on the one item left on the regular agenda.
The Clerk:
ATTORNEY
51. Report from the Attorney regarding research of issues concerning roll over concerns of
15-passenger van, the laws of the State of Georgia for compliance and the regulations of the
Public Service Commission.
Mr. Mayor: Mr. Attorney, is this you, Mr. Boudreaux?
Mr. Boudreaux: Yes, sir. At the commissions request we looked at the issue of
increasing the seating capacity under the ordinance defining and regulating taxicabs. The current
seating capacity is ten individuals. We have researched the issue and under a statute that was
st
just passed, made affective July 1 of this year any motor vehicles with passengers with a
capacity in excess of 10 are currently regulated by the State and Public Service Commission and
they must supply for a motor carrier permit. So that state law would preempt any county attempt
to regulate taxicabs in excess of ten individuals so that would not be an issue that can be
addressed under the level of the ordinance.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Mr. Attorney, what happens when we have people already approved. Will
that be grandfathered in, how would that work for 15 passengers. Now I’m thinking about Mr.
Lay. He came down here and was up in the air about taking one soldier to Fort Gordon and
making a flat fee, he couldn’t bring nobody off. Now I’m just trying to remember some things.
What happens I guess my question is for those who are in business and been in business and
have a 15-passenger van.
Mr. Boudreaux: They would not have licensed as a taxicab under the county ordinance
prior because the county ordinance never allowed licensing of a taxicab in excess of ten
individuals. So they are in that business they are have not been operating with a valid taxicab
license. So we’ve never had the ability for someone to operate a taxicab business in excess of
ten.
Mr. Williams: Well, I don’t remember the number but I do remember coming in and we
approved one business to go ahead and buy a 9, 10, 12, 15-passenger, no they took out the seats.
I remember it’s coming back. It takes a little while when you get up here it burns you but I’m
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remembering. I try to remember good. But we had them to take out a rear seat, Mr. Shepard,
and all they use it for storage but they had a van and they got inspected through the Sheriff’s
Department and they was operating. So I’m asking I guess the question is if we approved that
back then would they be grandfathered in or will they have to do because I think we’re going to
created something when it gets to the public.
Mr. Boudreaux: They would not be grandfathered in because it is now preempted by
state law and the state law would control so they would have to apply to the State for a permit for
seating capacity in excess of ten.
Mr. Williams: Okay, I just wanted to ask that question because it’s coming and I just
wanted to be ---
Mr. Mayor: Okay. Commissioner Hatney.
Mr. Hatney: In keeping with the new state law you going to have to search hard now a
days to find an insurance company that will cover a 15-passenger van. You’ve got a 15-
passenger van then they make you take those seats out permanently. They just won’t cover.
Mr. Mayor: Can I get a motion to receive this as information?
Mr. Bowles: So moved.
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.
Motion carries 10-0.
Mr. Mayor: I have been informed by the attorneys that they would like a legal meeting if
possible.
OTHER BUSINESS
53. Motion to go into a Legal Meeting.
Mr. Bowles: Yes, a brief one.
Mr. Grantham: --- impossible.
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate
C. Personnel.
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Mr. Shepard: Request a Legal Meeting on the usual topics of Pending and Potential
Litigation, Real Estate and Personnel please.
Mr. Mayor: Can I get a motion to that effect?
Mr. Bowles: So moved.
Mr. Grantham: Second.
Mr. Mayor: We have a motion and a second. What’s your pleasure, commissioners, you
will now vote by the usual sign of voting.
Motion carries 10-0.
Mr. Mayor: We are now in Legal.
[LEGAL MEETING]
Mr. Mayor: I’ll call the meeting back to order. Mr. Shepard.
59. Motion to approve execution by the Mayor of the affidavit of compliance with
Georgia’s Open Meeting Act.
Mr. Shepard: Thank you, Mr. Mayor. I ask that it be authorized by a proper motion to
sign the closed meeting affidavit indicating that we discussed the topics of Pending and Potential
Litigation, Personnel and Real Estate acquisition while in executive session.
Mr. Mayor: Can I get a motion to that effect?
Mr. Williams: So moved.
Mr. Mayor: We have a motion. Is there a second?
Mr. Brigham: Second.
Mr. Mayor: Commissioners will now vote by the usual sign.
Ms. Beard, Mr. Cheek and Mr. Smith out.
Motion carries 7-0.
58. Motion to approve purchase of 1840 Wylds Road (Tax Map 054, Parcel 64-7) by
Augusta, Georgia from AGL Resources for a purchase price of $1,700,000.00. Said subject
property consisting of approximately 10 acres.
Mr. Mayor: Mr. Shepard.
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Mr. Shepard: Thank you, Mr. Mayor. Mr. Mayor, members I ask that it be added and
approved that the commission acquire certain property known as 1841 Wylds Road at a contract
price not to exceed $1,700,000.00 for the use of the Augusta Utilities Department as outlined in
this agenda item that I’m going to file with the commission today.
Mr. Mayor: Can I get a motion to that affect?
Mr. Hatney: So moved.
Mr. Shepard: Let me further add that that will be subject to environmental review and
review of the structural condition of the building.
Mr. Mayor: We have a motion. Is there a second?
Mr. Brigham: Second.
Mr. Mayor: Commissioners will now vote by the usual sign.
Ms. Beard, Mr. Cheek and Mr. Smith out.
Motion carries 7-0.
ADDENDUM
54. Motion to approve condemnation of a portion of Property #031-4-131-00-0 3206 West
Wimbledon Drive, which is owned by Roland Garros, Inc., for 6,996 Square Feet of
Temporary Easement and 7,406 Square Feet of Permanent Easement. AUD Project: Rae’s
Creek Trunk Sewer Replacement, Phase IV.
Mr. Mayor: Mr. Shepard.
Mr. Shepard: The second matter that I would like to add and approve would be the
acquisition of an easement either through purchase or through condemnation --- Roland Garros,
Inc. as part of the Rae’s Creek Trunk and Sewer Replacement Project Phase IV and that the, not
to exceed price for negotiation or condemnation be $8,799.00.
Mr. Mayor: Can I get a motion?
Mr. Grantham: So moved.
Mr. Bowles: Second.
Mr. Mayor: We have a motion and a second.
Mr. Williams: Mr. Mayor, I thought we agreed to condemnation. Did we say a price? I
mean when you’re talking about ---
Mr. Shepard: No, I hadn’t gotten to that yet. Do you want to make it flat condemnation?
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Mr. Williams: Well, I thought that’s what we said.
Mr. Brigham: I thought we were going to do either or.
Mr. Shepard: I thought I had the authority to do either or so ---
Mr. Williams: All right let’s go, let’s go.
Mr. Mayor: Commissioners will now vote by the usual sign.
Ms. Beard, Mr. Cheek and Mr. Smith out.
Motion carries 7-0.
Mr. Mayor: Mr. Shepard, is that?
Mr. Shepard: I’ve got two more. I’ll be quick.
56. Receive as information the Pre-Clearance of 2007 General Assembly Acts No. 65, 69
and 70 from the U.S. Attorney General, Department of Justice.
Mr. Shepard: As a third add and receive as information item I would ask the commission
to receive a letter, copy of a letter which I have outlined which is pre-cleared the bills that affect
the jurisdiction here in Richmond County for the coming elections which affects the pre-
clearance by the Justice Department of the third division of the state which would give us a
fourth State Court judge a restructuring of the commission where the commissioners run on the
years that are gubernatorial and presidential elections. There will be no more municipal
elections and that the other official effected who runs with the odd number seats who is the Civil
Court Marshal similarly be adjusted by term. All that’s past we now had it pre-cleared by the
Justice Department and I ask that you receive that as information.
Mr. Mayor: Can I get a motion to that affect?
Mr. Grantham: So moved.
Mr. Bowles: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
Ms. Beard, Mr. Cheek and Mr. Smith out.
Motion carries 7-0.
55. Approve and execute the Engagement Letter to retain Ms. Patricia Keesler of Benefits
Law Group as Pension plan Employee Benefits Counsel.
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Mr. Mayor: Mr. Shepard.
Mr. Shepard: Yes, sir. Finally, Mr. Mayor members of the commission, I ask that it be
added an approved that the commission engage the services of Benefits Law Group P.C. which is
Patricia Keesler according to the terms of her engagement letter which I will file with the
commission today to assist us in the coming months in converting the 1977 Pension Act to an act
which includes more individuals that will still remain in a defined benefit plan but it will be open
and modified as the year proceeds.
Mr. Mayor: Can I get a motion to that affect?
Mr. Bowles: So moved.
Mr. Mayor: Can we get a second?
Mr. Holland: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
Ms. Beard, Mr. Cheek and Mr. Smith out.
Motion carries 7-0.
Mr. Shepard: Thank you, Mr. Mayor, I have no further matters to bring forward.
Mr. Mayor: With no further business to come before the body we stand adjourned.
Thank y’all.
[MEETING ADJOURNED]
Nancy Morawski
Deputy Clerk of Commission
CERTIFICATION:
I, Nancy Morawski, Deputy 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 August 7, 2007.
_____________________________
Deputy Clerk of Commission
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