HomeMy WebLinkAboutCommission Meeting February 20, 2007
REGULAR MEETING COMMISSION CHAMBER
FEBRUARY 20, 2007
Augusta Richmond County Commission convened at 2:06 p.m., February 20, 2007, the
Hon. Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Holland, Smith, Harper, Grantham, Hatney, Beard, Williams, Cheek,
Bowles and Brigham, members of Augusta Richmond County Commission.
The invocation was given by D.J. Daly, Pastor, Southpointe Christian Center.
The Pledge of Allegiance to the Flag of the United States of America was recited.
The Mayor: Pastor, we have a little something for you.
The Clerk: Pastor Daly, on behalf of the Mayor and Mayor Pro Tem and members of the
Commission, we’d like to give you a token of our appreciation for coming today and imparting
the word of God on our behalf. And we appreciate it. Thank you.
The Mayor: All righty, Madame Clerk, we’ll move onto the presentations.
The Clerk:
PRESENTATION(S)
A. Skills-USA Organization of T.W. Josey High School presentation to Mayor Deke
Copenhaver.
The Clerk: Okay, maybe they haven’t gotten here yet. We’ll move on.
The Mayor: We’ll move on and come back to that one.
The Clerk:
RECOGNITIONS(S)
Employee of the Month Award
B. Mr. Marty Lick, Client Support Specialist, Information Technology.
The Clerk: Dear Mayor Copenhaver: The Employee Recognition Committee has
selected Marty Lick as the January 2007 Employee of the Month for the City of Augusta. Mr.
Lick has been an employee with the City of Augusta for over twelve years. He currently works
as a Client Support Specialist in the Training Division of the Information Technology. Mr. Lick
was nominated by co-worker Laura Taylor. Mr. Lick was nominated for his exception
performance in customer service and teamwork. He was willingly accepted extra job
assignments as a Computer Equipment Lottery and new employee orientation. Marty is always
upbeat and has a can do attitude. Marty is a great asset to the City of Augusta. The committee
felt that based on this recommendation and Mr. Lick’s dedicated and loyal service to the city of
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Augusta, we would appreciate you in joining us in awarding him Employee of the Month for the
month of January. Thank you. (APPLAUSE)
Mr. Lick: I’d just like to, first of all give the honor and glory to my Lord Savior for this
award and I’m very humbled and very honored that my co-worker and co-workers thought
enough about me to recommend me for this award and in IT, when one of us is recognized or
something, it’s the entire department because in IT we’re not a team we’re a family. Thank you.
(APPLAUSE)
Mr. Hewett: Thank you, Ms. Bonner. I would just like to reiterate everything that was
said previously by Ms. Bonner. Marty is the epitome of a team player. Marty has been with us
for almost thirteen years. He’s built our training program from the ground up. One of the
reasons Marty was given this award was not only for doing his job but for helping out in areas
whenever we lost personnel without complaints and doing it in a positive way. Marty is an asset
to this organization and definitely Information Technology. (APPLAUSE)
The Clerk:
RETIREMENTS
C. Mr. Larry White employed with Augusta Utilities Department with thirty years of
service as a heavy equipment operator.
The Clerk: Would you please come forward, Mr. Hicks, along with other management
from Augusta Utilities? The Office of the Mayor. Certificate of Retirement given to Mr. Larry
White, heavy equipment operator for thirty years of dedication, loyalty and service to the city of
Augusta and the Augusta-Richmond County Utilities Department. Congratulations to you on
this milestone achievement of retirement. We extend to you our deepest appreciation for your
devoted service and best wishes for an enjoyable retirement. (APPLAUSE)
Mr. Hicks: Larry says No. We call him Sleepy. But, Sleepy, we appreciate you for
everything you’ve done now. Reverend Butler over there also called him Preacher, cause I say,
well, it used to be when he retired we just said, glad to have you, you know and we’ll see ya, but
I think this is real good to do the uh, recognition. We do appreciate him. Every one of them.
Thank you. (APPLAUSE)
The Mayor: Move along to the delegations.
DELEGATIONS
D. Mr. Jonavon Stephens, Aquarius Vision. RE: Ben Troupe Celebrity Weekend & Kids
Camp.
The Clerk: Mr. Mayor, Mr. Stephens called in yesterday and asked that this item be
deleted and rescheduled at a later date.
The Mayor: Okay, if you’d like to make the presentation then? Oh.
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The Clerk: Mr. Stephens requested --- to be rescheduled.
Mr. Troupe: Well, well I mean, he doesn’t represent me anymore so I can, it’s my --- I
can do it.
The Mayor: Okay. Welcome Ben.
Mr. Troupe: Thanks for having me, Mr. Mayor. I’m a little nervous right now but I’m
gonna try and get this out the best way I know how.
The Mayor: If you could please state your name and address for the record.
Mr. Troupe: Benjamin Troupe, 1105 Greenwich Place, Nashville, Tennessee.
Mr. Mayor: Okay, and if you could keep it to five minutes, please, sir, that’d be great.
Mr. Troupe: Okay.
Mr. Mayor: I knew you looked familiar when you came in.
Mr. Troupe: Oh well, you know um, well like you said, my name is Ben Troupe and I’m
from the Augusta area and I’m into my uh, second annul Celebrity Weekend & Kids Camp in
April. I’m just trying to give the city of Augusta an opportunity to have one of its native sons
come back and give these kids something to really look forward to. Obviously I had to, you
know um, obviously I came from a lot to get to where I am but, as I was telling the my --- here
earlier, I take credit for nothing in this life and I want to be a person to whom kids can look up to
and want to be better than me not just be like me but be better than me. And I’m just asking that
you um, you, Mr. Mayor, as well as the Commission, I’m just asking that you guys um, you
know as well as Ms. Beard as well to uh, you know just support me in this venue. I’m just
thnd
asking that you attend some of these events, April, it’s April the 20 through the 22. On the
thst
20 I’m having the Kids Camp at Bernie Ward Community Center. On the 21 I’m having a
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celebrity basketball game at Paine College and on the 22 I’m having a community picnic at
Eisenhower Park. I’m just asking that you guys just come out and support this venue. I mean
obviously you know, people see you guys in the community all the time but if I can say I got you
guys backing me it would definitely speak volumes to this so, I definitely want to have you guys
support me in this.
Mr. Mayor: Great. Thank you, Ben, and I will tell you, I want to personally thank you
for coming back to Augusta and giving back to the city. You know that speaks extremely highly
of you to me so thank you and you definitely got our support. I think I can speak for everybody
on that. Thank you.
Mr. Troupe: Thank you.
Mr. Holland: Mr. Mayor?
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Mr. Mayor: Commissioner Holland.
Mr. Holland: I just like to say to you, Ben, you’re lucky that I’m not out on the football
field with you now. But I must commend you, coming from Butler High School going to college
and going in the profession of football, you’re a perfect example for the young men in this
Augusta area to follow. And I can assure you that you have my support and I’m sure that you
have the support of the other Commissioners and the Mayor also. Keep up the good work.
Mr. Troupe: Thank you.
The Mayor: Absolutely. (APPLAUSE) All righty, Madame Clerk, on to the consent
agenda.
The Clerk: Yes sir. For the benefit of any objectors to our Planning petition requests,
once the petition is read if there are any objectors to our petitions would you please signify your
objection by raising your hand.
Item 2. Is a request for modification with conditions a neighborhood zoning request to a B-1
affecting property located 112 Pleasant Home Road.
Item 3. Is a petition requesting a change of zoning for a Zone A (Agriculture) to Zone R-3B
(Multiple-family Residential affecting property located at 1721 Hephzibah-McBean Road.
Item 4. Is a request for a change of zoning from a Zone B-2 (General Business) with conditions
to a Zone R-3B (Multiple-family Residential) affecting property at 2125 Bayvale Road.
Item 8. Is a change of zoning from a Zone R-2 (Two-family Residential) to a P-1 (Professional)
with a Special Exception affecting property located at 1840 Wrightsboro Road.
Item 9. Is a change of zoning from a HI (Heavy Industry) to a R-MH (Manufactured Home
Residential) affecting property located at 3915 Karleen Road.
Item 10. A petition for a change of zoning from a Zone A (Agriculture) to a Zone B-2 (General
Business) affecting property located at 3600 Belair Road.
Item 11. Is a request for a change of zoning from a Zone A (Agriculture) and a Zone R-MH
(Manufactured Home Residential) to Zone R-1B (One-family Residential) affecting property
located on Deans Bridge Road and Old Karleen Road.
Are there any objectors to those planning petitions?
Mr. Grantham: None noted.
The Clerk: I call you attention to our Public Services portion of the agenda, the alcohol
petitions. If there are any objectors to these alcohol petitions would you please signify your
objection by raising your hand.
Item 12. Is for a retail package Beer & Wine license to be used in connection with Value
Grocery located 3224 Deans Bridge Road.
Item 13. Is for an extension of a time purchase to alcohol in connection with Stevens Creek
Hospitality located at 1075 Stevens Creek Road. There will be Sunday sales.
Item 14. On premise consumption Liquor, Beer & Wine license to be used in connection with
Cabana Willy’s located at 231 Furys Ferry Road.
Are there any objectors to those alcohol petitions?
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Mr. Grantham: None noted.
The Mayor: All righty. Are there any items to be added to the consent agenda?
Mr. Grantham: Mr. Mayor?
The Mayor: Commissioner Grantham.
Mr. Grantham: I feel like that everyone would join in my --- that we add number 53,
Resolution of Condolences for our U.S. Representative Charles W. Norwood, Jr.
The Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor, I think uh, item 33 is one that we can add to the consent
agenda to uh, Diana Downs, animal shelter the director over there. I don’t have a problem with
that one.
The Mayor: Okay. Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. I’d like to add number 42 and 43.
The Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, I’d like to add item 36, please.
Mr. Grantham: 37?
Mr. Mayor: That was 36.
Mr. Grantham: How about I add 37 Mr. Mayor. --- within that department. Anybody
have any questions?
Mr. Cheek: That’s just a matter of bookkeeping.
Mr. Mayor: Okay. Any further additions to the consent agenda? Hearing no further
additions do we have items to be pulled for discussion? Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I’d like to pull item number 16, 19, 29 and 30,
Mr. Mayor. Just need some clarification on a couple of those.
The Mayor: Are there any further items to be pulled for discussion? Hearing none I
would look for a motion to approve the consent agenda.
Mr. Grantham: So moved.
Mr. Cheek: Second.
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The Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
The Mayor: All righty, Madame Clerk.
Mr. Brigham: Mr. Mayor I’d like ---
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: --- the clerk to note that I voted against item number 2.
The Clerk: Item 2?
Mr. Brigham: Yes, ma’am.
The Clerk: Okay.
The Mayor: Madame Clerk, Reverend Hatney would ---
Commissioner Hatney: (UNINTELLIGIBLE)
Ms. Beard: Mr. Mayor, I’d like to ---
The Mayor: Ms. Beard.
Ms. Beard: I vote against item 15.
The Clerk: Ms. Beard No on item 15 and Mr. Hatney on the alcohol petitions.
CONSENT AGENDA
PLANNING
1. FINAL PLAT – MAGNOLIA VILLAS, PHASE I-B-S-694-I-B – A request for
concurrence with the Augusta-Richmond County Planning Commission to APPROVE a
petition by Southern Land Surveyors, on behalf of Paul McElmurray, requesting final plat
approval for Magnolia Villas Phase I-B. This residential subdivision is located adjacent to
Magnolia Villas Phase I.
2. Z-07-19 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Blanchard & Calhoun Commercial, on behalf of
Mary Drigotas et al, requesting a modification of the condition of a 1987 B-1
(Neighborhood Business) zoning case that limited the use of the property to an interior
decorating shop and to allow a carpet cleaning business to be added to B-1 by Resolution
per Section 21-1 (d) of the Comprehensive Zoning Ordinance for Augusta-Richmond
County affecting property containing approximately .48 acres and is known under the
present numbering system as 112 Pleasant Home Road. (Tax Map 010 Parcel 059)
DISTRICT 7
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3. Z-07-20 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Lee Ellen Carroll requesting a change of zoning
from Zone A (Agriculture) to Zone R-3B (Multiple-family Residential) affecting property
containing approximately 3.07 acres and in known under the present numbering system as
1721 Hephzibah-McBean Road. (Tax map 333 Parcel 004) DISTRICT 8
4. Z-07-21 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Wayne Schultz, on behalf of Bob Richards,
requesting a change of zoning from Zone B-2 (General Business) with conditions to Zone
R-3B (Multiple-family Residential) affecting property containing approximately 6.7 acres
and is known as 2125 Bayvale Road (Part of Tax Map 055 Parcel 006-01) DISTRICT 5
5. FINAL PLAT – THE RESERVES, PHASE II-S-659-11 – A request for concurrence
with the Augusta-Richmond County Planning Commission to APPROVE a petition by
James G. Swift and Associates, on behalf of Peter Budwick, requesting final plat approval
for The Reserves, Phase II. This residential townhome development is located on Reserve
Lane, adjacent to The Reserves, Phase I.
6. FINAL PLAT – BELMONT LANDING (FKA Magnolia Villas)–S-694 – A request for
concurrence with the Augusta-Richmond County Planning Commission to APPROVE a
petition by Southern Land Surveyors, on behalf of Re/Max, requesting final plat approval
for Belmont Landing. This residential subdivision is located on Roy Road at terminus.
7. FINAL PLAT – WISTERIA HILL, REVISION – S-702-FP-REV – A request for
concurrence with the Augusta-Richmond County Planning Commission to APPROVE a
petition by H. Lawson Graham and Associates, on behalf of Tommy McBride, requesting
final plat approval for Wisteria Hill. This revision shows the utility easements that were
omitted from the original final plat.
8. Z-07-16 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE with the following conditions 1) no visible changes made to the
structure and 2) all parking shall be in the rear yard; a petition by Carla Noah requesting a
change of zoning from R-2 (Two-family Residential) to P-1 (Professional) with a Special
Exception to utilize the property for residential purposes per Section 20-2 (b) of the
Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property
containing .21 acres and is known under the present numbering system as 1840
Wrightsboro Road. (Tax Map 045-3 Parcel 352) DISTRICT 2
9. Z-07-17 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Victor Dukes, on behalf of James Dukes,
requesting a change of zoning from Zone HI (Heavy Industry) to Zone R-MH
(Manufactured Home Residential) affecting property containing .68 acres and is known
under the present numbering system as 3915 Karleen Road. (Part of Tax Map 151 Parcel
007) DISTRICT 8
10. Z-07-18 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Laudess Lewis, on behalf of Elizabeth Inez
Williams et al, requesting a change of zoning from Zone A (Agriculture) to Zone B-2
(General Business) affecting property containing 1.19 acres and is known as 3600 Belair
Road. (Tax Map 053 Parcel 050) DISTRICT 3
11. Z-07-22 – A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Om Duggal, on behalf of Diplomat Hospitality and
Trade Inc., requesting a change of zoning from Zone A (Agriculture) and Zone R-MH
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(Manufactured Home Residential) to Zone R-1B (One-family Residential) affecting
property containing approximately 21 acres and located on the southeast right-of-way line
of Deans Bridge Road, 2,670 feet, more or less, southwest of Old Karleen Road. (Part of
Tax Map 139 Parcel 005-03) DISTRICT 8
PUBLIC SERVICES
12. Motion to approve a New Ownership Application: A.N. 07-05: request by Tae Ho Ji for
a retail package Beer & Wine license to be used in connection with Value Grocery located
at 3224 Deans Bridge Rd. District 5. Super District 9. (Approved by Public Services
Committee February 12, 2007)
13. Motion to approve a request by Harenderjit Singh for an extension of time to purchase
the Alcohol License used in connection with Stevens Creek Hospitality located at 1075
Stevens Creek Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by
Public Services Committee February 12, 2007)
14. Motion to approve a New Application: A.N. 07-07: request by Permlia Clifton for an on
premise consumption Liquor, Beer & Wine license to be used in connection with Cabana
Willy’s located at 231 Furys Ferry Rd. There will be Sunday Sales. District 7. Super
District 10. (Approved by Public Services Committee February 12, 2007)
15. Motion to approve an amendment to the mothball ordinance concerning the time
period that a house can remain boarded up. (Approved by Public Services Committee
February 12, 2007)
17. Motion to approve a request by Shujun Guo for a Therapeutic Massage license to be
used in connection with Relax Station located at 3450 Wrightsboro Rd (Augusta Mall).
District 3. Super District 10. (Approved by Public Services Committee February 12, 2007)
18. Motion to approve a request by Angela Quigley for a Therapeutic Massage license to be
used in connection with The Balanced Body located at 2323 Washington Rd. District 7.
Super District 10. (Approved by Public Services Committee February 12, 2007)
ADMINISTRATIVE SERVICES
20. Motion to approve 2007 Cost-of-Living Allowance for retirees. (Approved by
Administrative Services Committee February 15, 2007)
21. Motion to approve an Ordinance providing for the demolition of certain unsafe and
uninhabitable structures in the Turpin Hill Neighborhood: 1634 Emory Street, 1724
Douglas Street, 1522 Bleakley Street, 1026 Eighth Avenue, 1111 Eighth Avenue, 1915
Grand Boulevard, (District 2, Super District 9); South Augusta Neighborhood: 334 Sims
Avenue, (District 2, Super District 9); Bethlehem Neighborhood: 1126 Grant Street,
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(District 2, Super District 9) AND WAIVE 2 READING. (Approved by Administrative
Services Committee February 15, 2007)
22. Motion to approve the Ordinance designating a portion of the Olde Town
Neighborhood as a Local Historic District. (Approved by the Commission February 6,
2007-second reading)
23. Motion to approve the petition for Non Employment Related Disability Retirement of
Mr. Larry White under the 1949 Pension Plan. (Approved by Administrative Services
Committee February 15, 2007)
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FINANCE
24. Motion to authorize release of all county liens on property at 2459 Sumac Drive.
(Approved by Finance committee February 12, 2007)
25. Motion to approve a request from the Augusta Metro Chamber of Commerce for city
sponsorship through the purchase of tickets for the Annual Meeting on February 22, 2007.
(Approved by Finance Committee February 12, 2007)
26. Motion to authorize Administrator to sign letter of engagement with Cherry, Bekaert &
Holland to perform 2006 financial audit and to prepare required reports. (Approved by
Finance Committee February 12, 2007)
27. Motion to authorize the addition of final grant funds in the 2007 Budget for the EPA
Brownfield Grant. (Approved by Finance Committee February 12, 2007)
28. Motion to approve a request from the Garden City Rescue Mission for an abatement of
2006 property taxes. (Approved by Finance Committee February 12, 2007)
PETITIONS AND COMMUNICATIONS
31. Motion to approve the minutes of the regular meeting of the Commission held February
6, 2007 and Special Called Meeting held February 9, 2007.
ADMINISTRATIVE SERVICES
33. Motion to approve the recommendation to offer Ms. Diana Downs the position of
Animal Services Director.
PUBLIC SAFETY
36. Motion to approve replacement of the current obsolete fire alerting system.
37. Approve the interdepartmental transfer of operating funds within the Information
Technology Department.
ENGINEERING SERVICES
42. Authorize the execution of an agreement with Georgia Power for Emergency
Generators and Distribution System for the Highland Ave. Surface Water Treatment Plant
in an amount estimated not to exceed $1,924.903.
43. Authorize award of bids for Pre-purchased of Equipment for the James B. Messerly
Water Pollution Control Plant Master Plan Implementation Phase 1 Project to the lowest
responsive bidders.
OTHER BUSINESS
53. Resolution of Condolences for U.S. Representative Charles W. Norwood, Jr.
Mr. Brigham votes No.
Motion carries 9-1. [Item 2]
Mr. Hatney votes No.
Motion carries 9-1. [Items 12-14]
Ms. Beard votes No.
Motion carries 9-1. [Item 15]
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Motion carries 10-1 [Items 1, 3-11, 17-18, 20-28, 31, 33, 36-37, 42-43, 53].
The Clerk:
PUBLIC SERVICES
16. Motion to Approve Bid Item #06-198, Henry Brigham Senior Center Improvements
and Drainage Improvements, to Ammar Construction Company, Inc. in the amount of
$250,000. (Approved by Public Services Committee February 12, 2007)
The Mayor: Commissioner Williams, I believe this was you?
Mr. Williams: Yes, sir, Mr. Mayor. I’m not opposed to this construction item uh, I
wanted to ask the question that I say every time about the Disadvantaged Business participation
in this construction item. That’s what I wanna know.
The Mayor: Mr. Beck.
Mr. Beck: Mr. Mayor, members of the Commission. There’s 100% DBE participation in
this project.
Mr. Williams: So moved Mr. Mayor.
Mr. Mayor: We have a motion. Is there a second?
Mr. Cheek: Second.
The Mayor: We have a motion and a second. Any further discussion? Commissioners
will now vote by the usual sign.
Motion carries 10-0.
The Clerk:
PUBLICE SERVICES
19. Motion to approve the recommendation of the Administrator to change the status of
this facility to a facility for lease only. (Approved by Public Services February 12, 2007)
The Mayor: Mr. Cheek.
Mr. Cheek: Mr. Mayor, the thing that concerns me about this, I heard about it from afar,
is we are currently in a budget crunch. The remainder of our Recreation and Parks program are
under significant financial strain. This piece of property is located within the city limits of
Hephzibah Georgia and it is used by Richmond County citizens who also happen to be residents
of Hephzibah Georgia. For us to maintain and lease this facility and than at some cost perhaps
have to do maintenance on it or other things like we did on other centers presents a significant
financial burden to an already struggling department. My concern is that it is in Hephzibah. It is
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used primarily by the citizens of Hephzibah who are Richmond County citizens. We have an
opportunity to turn this over to them and create their first city park perhaps. One and two, the
only argument I’ve heard about this is perhaps we’re concerned about the actions of the local city
council there, which we are not in a position to be the police over what the elected officials do in
Hephzibah. The citizens who elect them have that authority not us. This is an opportunity for us
to defer significant costs to put in other areas and I for one am in favor of passing this over to
Hephzibah and allowing them to maintain the park. Allowing the voters in the city of Hephzibah
to hold them accountable for the proper running, maintenance and otherwise use of that facility.
The Mayor: Okay. Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. And to kind of enlighten Mr. Cheek a little, I
think it’s important that we, that we do seek out our partnerships, not only with public private
people but with also with our communities such as Hephzibah and Blythe. This was done and
what actually transpired in the early stages of this communication was that Hephzibah had
contacted us and being a part of Public Service I was contacted as the Chairman to request that
the park be turned over to the city of Hephzibah to let them operate it. And in our conversation I
indicated that we would consider doing that and I would bring it to the Commission but it would
be under an initial lease arrangement to start with. A dollar lease or whatever it might be, but to
let them operate it for a number of years making sure that the programs in what had been there in
the past would be carried out at no expense to them other than to provide for the programs. The
other thing is that us owning the building and the property we would maintain those facilities.
Once I was given that assurance and then I went to Mr. Beck and talked about it and asked him
to enter the conversation with Hephzibah which he did and then Hephzibah came back and
requested that we deed the property to them. I do not think we need to be deeding out property
over to another municipality within our own county. I think we need to maintain the ownership
of that property such as we do the others that are in this area and if they want to lease it or if they
want to operate it under our partnerships arrangements and I think that’s all well and good,
otherwise I think it’s prudent that our Administrator and the people that have come forward with
the recommendation on us maintaining it as rental facility is certainly in order until some other
arrangements can be made.
The Mayor: Okay. Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. Being this is my district I feel I need to comment on
it. We were, we offered Hephzibah the opportunity of a long-term lease at a dollar a year for
twenty years or fifty years and I don’t understand why they wouldn’t accept that instead of them
wanting to own the property as well. I’m not in favor of deeding the property to them.
The Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I pulled this item just to get that clarification that
uh, these gentlemen done laid out on the table and I thank them for that. I was just wondering, I
wanted to make sure that things were clear that we understood what we were doing uh, because
Commissioner Grantham brought it to our attention uh, we’re not opposed we’re trying to work
with them. I thought a lease for a dollar a year or some time but to deed the property over I think
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would be a wrong move for this government to do. They’re building and everything and making
more of everything but God ain’t making no more land. I mean what’s there is there and we
need to look at that very carefully. We got an issue with the land already but I just wanna make
sure that what the Administrator have recommended is what Commissioner Grantham and
Commissioner Smith were talking about earlier that we’re all on the same page, that we are
trying to work with them but we’re just not gonna turn over any more land.
The Mayor: Commissioner Cheek.
Mr. Cheek: Just for clarification and then to follow up, Mr. Mayor. Under a lease
agreement we would be responsible for maintenance costs and so forth.
The Mayor: Mr. Beck.
Mr. Beck: Mr. Mayor, members of the Commission. Under our operational partnerships
that we have across the, our parks systems we have five of them as you’re aware. We’re in
charge of the maintenance and repairs to the facilities, paying the utilities. The organizations are
in charge of staffing and running the programs.
Mr. Cheek: And I hate to cut you short, Tom. So in other words rather than giving this
to a municipal body within our jurisdiction we would rather hold property and pay for it then we
would defer that cost to a municipal government, sovereign municipal government made up of
our own citizens in our own jurisdiction. It doesn’t make sense for me and I, for this in a state,
federal or local level for the government to strive to seek to be the largest landowner in the area.
We have an opportunity to defer these costs and turn this over to the governing body having
jurisdiction in that area which is the city of Hephzibah. I think we should do that and not hold on
to land because the best use of that property, and I’m sure the citizens of Hephzibah would agree,
is a park and they’re gonna keep it that way. Us holding it for a lease or a trying to be overlords
over how it’s run or whatever, that’s for the people of Hephzibah to decide. This is again a
chance for us to physically responsible and put a bigger bang for our already beleaguered
recreational programs by saving money and staff time to maintain those facilities. But it seems
to be the interest of this city to hold on to property that the citizens have already bought and paid
for out in Hephzibah and have every right to have and run on their own. So I for one am in favor
of giving that to the city of Hephzibah and using those resources in the other parks, which are in
the city of Augusta not in the city of Hephzibah.
The Mayor: Okay. Commissioner Beard.
Ms. Beard: Mr. Mayor, with the original proposal there was a stipulation there that if we
sold it to them uh, if they decided not to use it for recreational purposes that it would be reverted
back to the city. And I really didn’t see very much that was wrong with that.
The Mayor: Okay. Mr. Beck.
Mr. Beck: Mr. Mayor, members of the Commission. Since the Public Services
Committee meeting last week I have had contact with two organizations that did read about it in
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our local newspaper to approach me about our partnership program. So these meetings will be
forthcoming in the next few weeks. The Public Services Committee at that time did um, at my
request to keep the building open as it is for 60 days in order for us to be customer friendly to our
citizens there in Hephzibah. So that would give us a time frame should we be able to get another
partnership worked out we could do so depending on what the will of the Commission is here
today. Just wanted to give you that information.
The Mayor: Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. Mr. Beck, the only change in anything out there
would be the afternoon sessions that uh, requires an employee out there to do afternoon
activities. That’s the only change that would be out there?
Mr. Beck: Should we not uh, excuse me, Mr. Mayor, should we not get another partner
to operate the building it would only operate as a rental facility. All active, program recreation
programs would cease to exist out there.
Mr. Smith: But all of the land and the equipment and all is still there and still can be used
by the citizens as they have been doing.
Mr. Beck: We would continue to maintain and upkeep the property. Yes, sir.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I just want to get clear again. Now we’re talking
about 18.74 acres, is that right, Tom? And the building that’s out there now it has a minimum of
usage, there’s not a whole lot of activities going on there right?
Mr. Beck: Hephzibah was one of the areas we had to look at in our budget situation this
year that was serving the least amount of people. That’s not to say the programs weren’t
important out there but it was serving the least amount of people through the programs that were
offered.
Mr. Williams: Well, it sounds like, Mr. Mayor, we’re separate and almost equal again in
where we got people that’s in Richmond County although the city of Hephzibah is there and
what they’re doing and it looks like we ought to be able to work this thing out. I don’t see why
this is such a big issue here. I mean we don’t wanna sale, I mean it’s a win, win situation I think
with everybody if we go ahead and do what the Administrator. Once you sell it, it’s not yours
anymore and there’s nothing you can say, nothing you can do. We done tried that in this
. So I’m gonna make a motion we go ahead and approve what the
government
Administrator had put together here and uh, utilize the uh, system he’s put in place.
Mr. Grantham: Second.
The Mayor: Okay, we have a motion and a second. Commissioner Brigham.
13
Mr. Brigham: Mr. Mayor, I believe I heard Mr. Beck say he had two other people that
were, two other groups that were interested and I would think it would be prudent if we’re not, if
we’re not in no big hurry to anything I think we ought to see what all the proposals are since
we’ve got more bridesmaids then we got --- pieces of property right now. I think we ought to at
least find out if one of these other deals are a better deal. And I would make a motion we
postpone this until we’ve had an opportunity to meet with those other groups and find out where
we are.
Mr. Cheek: Second.
The Mayor: Substitute motion.
Mr. Brigham: Substitute motion.
The Mayor: Mr. Grantham.
Mr. Grantham: Mr. Mayor, my discussion is that by postponing we’re leaving everything
as is right now by going and putting it under what the recommendation the Administrator is still
property in our hands and still an operation in our hands and we can do with it whatever we want
to when we want to. So, you know in order just to postpone doesn’t give us any movement
forward to where it might take him three months, five months to come back after he’s talked to
two people. We don’t know how long it’s gonna take. I say that he forward his conversations
with these people, bring it back to us when he does have them then we take action on those
recommendations at that time. But today I think we need to go on and move in the
Administrator’s recommendation.
The Mayor: Okay, Commissioner Brigham.
Mr. Brigham: Mr. Mayor, I hate to differ with my fellow commissioner but if we’re
going to sign a lease and that’s what it sounds like the motion is ---
Mr. Grantham: No---
The Mayor: Commissioner Grantham, I’ve recognized you twice.
Mr. Brigham: I thought that was what the motion was, was to sign a lease.
Mr. Cheek: And make it lease only.
The Clerk: To make it a leased facility only. That’s the ---
Mr. Cheek: Point of clarification, Mr. Mayor.
The Mayor: Okay.
Mr. Cheek: When we, if we pass this today then the center ---
14
The Mayor: Mr. Cheek.
Mr. Cheek: --- is closed?
The Mayor: Then the center ---
Mr. Cheek: Point of clarification. Is the center closed or does it go into status quo for the
next 60 days?
The Mayor: Mr. Beck.
Mr. Beck: Mr. Mayor, members of the Commission. If this vote passes today we will
continue to operate the building for a minimum of 60 days as is and in that meantime we will be
meeting with these other groups to see if we can enter into an operational partnership after that
60 day period is up. I think the motion would be or is, is for it not to be a dated facility for it to
only be at the most a leased is what I understand.
The Mayor: Okay. We have a substitute motion on the floor and a second. Madame
Clerk, could you read back the substitute motion?
The Clerk: The substitute motion is to postpone.
The Mayor: Commissioners will, if there’s no further discussion, Commissioners will
now vote by the substitute sign.
Mr. Williams, Mr. Hatney, Mr. Smith, Mr. Bowles, Mr. Grantham, Mr. Harper, Ms. Beard
and Mr. Holland vote No.
Motion fails 2-8.
The Clerk: The original motion is to approve the recommendation of the Administrator
to change the status of this facility Hephzibah Recreation Center to a facility for lease only.
The Mayor: If there’s no further discussion, Commissioners will now vote by the usual
sign.
Motion carries 10-0.
The Mayor: Next agenda item, Madame Clerk.
The Clerk:
FINANCE
29. Motion to approve the replacement of 5 Marshal’s Department sedans for $24,717.00
each from Bobby Jones Ford of Augusta, Georgia. (Lowest bid offer on bid 06-192).
(Approved by Finance Committee February 12, 2007)
15
The Mayor: Commissioner Williams, I believe this was yours?
Mr. Williams: Yes, sir, Mr. Mayor. I pulled this item. This is the same item that came
up before with us. We’re spending $24,717.00 on Crown Vic’s. We’re supposed to be looking
at our fleet uh, plan to see how can we adjust it, how can we work with that. I think the fleet
now, and I don’t see Mr. Crowden, I think what we’re doing now is replacing because of the year
versus the uh, mileage on the car. I don’t see Mr. Crowden, is he ---
The Clerk: He’s here. Mr. Crowden.
Mr. Williams: Can you tell us, Mr. Crowden, I mean we know the Sheriff Department
came up with a million something and are we looking at the same five cars that the Marshall
wants to change. Have we looked at yet, the fleet policy to see where we are and what we can
do?
The Mayor: Mr. Crowden.
Mr. Crowden: The policy revision is in the boxes of each of the Commissioners as
requested. It was put in there yesterday with revised Appendix 1 which is the year and the
mileage. Revisions recommended by Fleet to be reviewed and discussed at the next committee
meeting. The cars which are being recommended for replacement was the Marshall’s
Department are seven and eight years old, between 100 and 11,000 to 149,000 miles. They fall
within the criteria for replacement. What we’re trying to do is postpone or defer very heavy
maintenance costs that these cars we expect to start accumulating. With the replacement the
Marshall has, the Marshall’s gonna start suffering I think heavy maintenance in his daily
operating budget if we don’t do this. That’s what we’re trying to avoid. Use capital money
instead of daily operating budget money, which is the maintenance money. And that’s the whole
thing, is to try and replace an item before it starts incurring large maintenance fees and that’s the
goal of Fleet Managements across the board.
Mr. Williams: Mr. Mayor, I didn’t bring the information with me but I’ve got documents
from licensed dealerships that will tell you that an automobile don’t go out at 110,000 or ever
150,000 miles. That doesn’t, that doesn’t predict it’s gonna fold up on you in the next week. I
said earlier in our conversation that technology has changed so much, cars are lasting 2/300,000
miles. Our fleet looks as good as any fleet in the country. I got no doubt about that whether
they’re 5, 6, 7 or 8 years old they, we still got some very nice looking equipment. But I’m
worried when we pay $3 million dollars a year for preventive maintenance and, and I’ll, Mr.
Crowden’s standing there telling me 100,000 miles is fixing to start an expense on this
government that we can’t afford. That’s not true. I’ve got documents from certified mechanics
now. Ya’ll don’t believe me and I understand that. I’m not a certified mechanic but when you
document ---
The Mayor: Mr. Williams, your time’s up on this one.
16
Mr. Williams: Mr. Mayor, how we gonna handle millions of dollars of equipment and
we can’t discuss it?
The Mayor: We agreed in the retreat to stick to the time limits. You’ve had your one
recognition but I can recognize you again another two minutes.
Mr. Williams: Mr. Mayor, so I mean I had to talk two minutes each time we we’re
talking to say everything I gotta say. I mean I understand you talking about recognizing me
twice or any other Commissioner but how can you discuss something and you ask the question
and then you turn around and discuss it and you gotta say everything you gotta say ---
The Mayor: Mr. Williams, I think that in the, the, as we discussed in the retreat in the
committee structure where there are no time limits with regards to how long something can be
discussed.
Mr. Williams: Well, ya’ll done lied to us again. Now when committee meetings ---
The Mayor: Okay.
Mr. Williams: --- we go to another meeting. We won’t stay in committee now.
The Mayor: You’ve been recognized this time, Mr. Williams. Mr. Brigham.
Mr. Brigham: Mr. Mayor I make a motion we approve.
Mr. Grantham: Second.
The Mayor: We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign.
Mr. Williams votes No.
Motion carries 9-1.
The Clerk:
FINANCE
30. Motion to approve Excess Worker’s compensation Insurance with Safety National
Casualty, for $155,066 with $600,000 SIR (Self Insured Retention; otherwise, known as the
deductible). (Approved by Finance Committee February 12, 2007)
The Mayor: Mr. Cheek.
Mr. Williams: Mr. Mayor, I had this item pulled off the agenda and I would like to
address it, please, sir.
Mr. Cheek: I’ll yield and come back.
17
Mr. Mayor: Okay. Mr. Williams.
Mr. Williams: Mr. Mayor, I would like for somebody to explain. We voted on insurance
before here and we created a snowball effect. I’d like for somebody from either HR, somebody
to let us know exactly what I’m voting on here today, whether for or against and if somebody
can come forward and explain that I would appreciate it.
The Clerk: Risk Management.
The Mayor: Do we have a representative of Risk Management?
The Clerk: --- Mr. Williams? Do you want some one to come here?
Mr. Williams: Yes, ma’am.
The Mayor: Okay. Mr. Cheek.
Mr. Cheek: And they may want to bring the same information. What I wanna ask is, is
workman’s compensation. We passed a safety policy several years ago is --- on the last three
years that we’ve seen a decrease of on the job injuries, first aide treatments cases and time away
from work cases as a result of employment with this county. That would be a cost savings, a
significant cost savings in the workman’s compensation category as well as potential savings for
this city in the long term if we’re gonna go more towards a self-insured type thing.
The Mayor: Okay. Do you wanna come back to that? Can we get a motion to table?
Mr. Cheek: So moved.
Mr. Bowles: Second.
The Mayor: We have a motion. Motion’s all we need. And actually, Madame Clerk, in
deference to Commissioner Hatney, I’d to go to agenda item number 51 next.
The Clerk:
APPOINTMENTS
51. Motion to approve the reappointment of Brad Owens to the Downtown Development
Authority. Steven Kendricks and Cassandra Brinson (Requested by Commissioner J.R.
Hatney) (Deferred from the February 6, 2007 meeting)
The Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, I believe the nominations for these positions come to the floor
and then it’s open to the body to make the nominations for these positions and in light of current
practice or current and past practices I’m going to go ahead and nominate Brad Owens for that
18
position and then the Chair would have the right to recognize the nominations from the floor of
people to fill those positions.
The Mayor: Commissioner Hatney.
Mr. Hatney: Mr. Mayor, being the representative from this Commission on the DDA, I
would like to recommend for those two positions Ms. Cassandra Brinson and Mr. Steven
Kendrick.
The Mayor: Okay, are there any further nominations?
Mr. Cheek: Parliamentary procedure question for the Attorney.
The Mayor: Mr. Cheek.
Mr. Cheek: Just a question. Is this protocol consistent with past practices of this
government?
The Mayor: Mr. Shepard.
Mr. Shepard: We have two seats, is that correct?
Mr. Cheek: That’s correct.
Mr. Shepard: And as I understand it, yes, it is and appointment from the full board. Is
that your question about protocol?
Mr. Cheek: Just a normal nomination process.
Mr. Shepard: You’d nominate, you have two seats, I think you nominate for one seat and
then have a nomination for the second seat. I don’t think that there’s a dispute about Mr.
Kendrick. The dispute is about Mr. Owens and another nominee for that seat. I had um, called
to the Commission’s attention and we can do this later, the fact that those terms should be
reflected as four-year terms. I don’t know if any of you have gotten my memo yet. It was faxed
over earlier. Is there a memo from my office?
The Clerk: No, we haven’t gotten that yet.
Mr. Shepard: Well, I have it.
The Clerk: Let me give the Commission an update on this information --- (INAUDIBLE)
Mr. Cheek: Mr. Mayor if I may ---
The Mayor: Mr. Cheek.
19
Mr. Cheek: My question is in the past, and my recollection of the nomination process is
the Commission, the floor’s open for nominations. Each Commissioner makes a nomination
then the nominations are voted on in the order in which they are received. And I’m just asking
for a consistency of that practice that has been in place since I’ve been here unless there’s some
departure or some change of rules that I’m not aware of.
The Mayor: Mr. Shepard.
Mr. Shepard: Thank you, Mr. Mayor. The seats that are in play here are --- the seats that
are in play are Seats 4 and Seat 5 today and the um, you nominate for Seat 4 I think you’ve
nominated Mr. Owens. There’s another nominee for um, Seat 4 and than then you would close
those nominations and nominate on Seat 5. Now my understanding is that there is but one
candidate for seat five, that’s Mr. Kendrick. If I’m incorrect on that please let me know. But the
first, the first election that you need to conduct would be as to Seat 4. It’s not appointed by the
body, the Downtown Development Authority, it’s a nomination and an appointment from this
body in its entirety and the entire Downtown Development Authority if you have my
memorandum indicates that the seats are to be four-year terms. In my opinion Mr. Owens’ status
is that he was appointed to fill the unexpired term of Ernestine Howard. She, I believe, ran for
the Legislature and now he’s holding over and could be appointed, he’s subject to reappointment.
If you look on the second page um, third paragraph, I said the Commissioners may take action to
the point if you want someone else to the seat and disqualify and that would be Mr. Hatney’s
nomination.
The Mayor: Okay I believe we --- Commissioner Hatney.
Mr. Hatney: I’ll just nominate Cassandra Brinson for Seat 4.
The Mayor: Commissioner Cheek, I’ve actually recognized you twice on this.
Mr. Cheek: This is again an order of parliamentary procedure, Mr. Mayor. These seats
are designated to my understanding are just numbers of seats. They don’t represent any specific
category. Therefore filling a seat based on the number is just filling two seats of a total of seven
not a specific position. So the two total vote getters, the ones that get the most votes of the three
candidates that have been suggested would fill in seats three and four. There’s nothing
significant about those particular numbers other than the order of fact that you’re in seat one,
two, three, four up to a total of seven members on that total board.
The Mayor: Okay, Mr. Shepard, could you clarify that please?
Mr. Shepard: Mr. Cheek, we’ve always voted for the, by seat.
Mr. Cheek: Well, Mr. Attorney, I tend to correct you on that. We’ve had four seats
open. We haven’t voted by on to a specific seat. We have voted to fill positions on a board. The
board was filled based on the nominations. The first nominated would be the first voted on,
second nominated voted on until that slate had been filled. We have never voted since I’ve been
here on a specific seat. We have voted to fill spaces on specific boards but we have never
20
designated specific seats. If you walk over to the DDA office there are no numbers on the backs
of those seats nor do those people represent any specific geographic or other type of area other
than being selected by this board.
The Mayor: Okay.
Mr. Cheek: And that’s why I say to be consistent with the policies governing this
Commission we nominate, we open the floor for nominations, give the three names of the people
we want to nominate and then the people that are elected based on the total number of votes that
they get fill those seats.
Mr. Mayor: Okay.
Mr. Cheek: That’s the way we’ve always done it.
Mr. Mayor: And currently we have two nominees for the position. Mr. Shepard, I would
think that and are there any further nominees I would say we’ve got three names here.
Commissioner Grantham.
Mr. Grantham: Just to clarify what you just said because if you only have two names you
have two positions and those two people regardless of the votes they get they’re gonna fill those
two positions so if there’s three names to be put up then we need to do just that. Otherwise we
need to vote for the position, put those names up for the position and not as an at large.
Mr. Mayor: Okay. I would say, Mr. Parliamentarian, that we go ahead and vote on the
first two nominations as submitted.
Mr. Holland: Mr. Mayor, what’s ---
Mr. Mayor: Commissioner Holland.
Mr. Holland: What’s the recommendation of the board member, Dr. Hatney? What is
his recommendation? He’s the board member. So I think we should listen to what he has to say.
Mr. Mayor: I agree. Dr. Hatney has made two recommendations but through
parliamentary procedure at this point we have two candidates nominated and we need to go
ahead and vote on the candidates nominated in the opinion of the Chair so we can move forward.
We’ve got two nominations at this point. Reverend Hatney has changed his nomination to
nominate --- Reverend Hatney.
Mr. Hatney: Are we gonna do one at a time or two?
Mr. Mayor: One at a time.
Mr. Hatney: Okay, well, he recommended Mr. Brad Owens, I’m recommending Ms.
Cassandra Brinson.
21
Mr. Mayor: Okay, we have at this point we have two nominations submitted. Mr.
Owens was the first nomination submitted. Ms. Brinson was the second nomination submitted.
There are two chairs to fill but I would say now the, and if the Attorney feels as thought this is
the proper way to proceed we will now vote on the original nominations.
Mr. Shepard: I would and then you will vote on the next seat open for nominations.
Mr. Mayor: Okay well, Commissioners will now vote on the --- Madame Clerk, could
you read back the first nomination for those ---
The Clerk: First nomination, Brad Owens.
Mr. Mayor: Commissioners will now vote on the first nomination.
Mr. Hatney, Mr. Smith, Mr. Bowles, Mr. Grantham, Mr. Harper, Ms. Beard and Mr. Holland
vote No.
Vote fails 3-7.
The Clerk: The next nominee is Cassandra Brinson.
Mr. Mayor: Commissioners will now vote for this nominee.
The Clerk: Mr. Cheek?
Mr. Cheek: Who is it we’re voting for?
The Clerk: Cassandra Brinson.
Vote carries 10-0.
Mr. Mayor: Okay and now we do have one more position to fill.
Mr. Hatney: I recommend Mr. Steven Kendrick.
Mr. Mayor: Okay, we have a recommendation for Mr. Steven Kendrick. Are there any
further nominations for that seat?
Mr. Cheek: I nominate Mr. Brad Owens.
Mr. Mayor: Mr. Cheek.
Mr. Mayor: Okay, are there any further nominations for the seat?
Mr. Grantham: Move that we close.
22
Mr. Mayor: We have a motion that they’re closed. We’ll vote on them in order of names
submitted. First the Commission will vote on Mr. Kendrick.
Mr. Williams and Mr. Cheek vote No.
Vote carries 8-2.
Mr. Mayor: Okay.
Mr. Cheek: Mr. Mayor, let the record be noted that ---
Mr. Mayor: Mr. Cheek.
Mr. Cheek: --- under this particular nominating process that I protest to it as being in
violation of the parliamentary procedures that have governed this board since I’ve been here this
seven years um, a month and twenty days. It’s been inconsistent in the outcome, this outcome
based the way it is but I, I accept the will of the body but under protest and ---
The Mayor: Okay.
Mr. Cheek: --- this has been a violation of the rules of the house.
Mr. Mayor: Okay, we’ve disposed of that agenda item. On to the next agenda item,
Madame Clerk.
The Clerk: Is Sandra Wright here yet? She’s here? Ms. Wright is here, Mr. Mayor, so
we can go back to item 30.
The Mayor: Mr. Williams, would you like to resubmit your question?
Mr. Williams: Ms. Wright, I just need some information as to what are we doing with
this. We voted on insurance before and it became to be a nightmare for this government. Can
you explain exactly what we’re doing? Mr. Cheek had a question about the safety claiming and
other stuff that we’re doing to prevent this kind of stuff, workmen’s compensation. Can you
enlighten us on what we are actually voting on?
Ms. Wright: Okay, there are different types of insurance. The workers comp is a stop
loss type of insurance so you’ll cap at the amount you pay on your claims for your injuries.
Before I brought to you the general liability and auto liability and that’s a totally different area
and we are self insured in those areas but the worker’s comp is just a different, a different type of
coverage and I’ll give you several examples. In the news lately David James has been reported.
He’s our Deputy Sheriff for Richmond County Sheriff’s office. He’s gonna need a kidney
transplant from a shooting that occurred in 1990. He, we had excess coverage the year before
that. That was the first time we had it and we really wanted to, we didn’t want to have to use it
but with David James we ended up reaching through the retention, which is our portion of the
insurance. That retention was $300,000.00 back then. That claim has cost over $500,000.00
now. We have recouped from the insurance carrier over $200,000.00 from his claim. That
23
carrier will also reimburse us for his kidney transplant that he’s gonna have in the future. We
feel like this is a necessary coverage and it’s really for a catastrophic claim. The city of Atlanta
back in the early 90’s had two officers shot in the line of duty. One ended up a paraplegic, one a
quadriplegic. They’re claims were in excess of $2 million dollars. That’s what we wanted this
coverage for to help us financially if we get in a, if we had a bad claim.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, this may or may not be a question that can be answered today
but we need to, I think it would be important for the body to cease statistical information on the
last three years say on the job injuries, lost work day cases, medical treatment cases, the number
of accidents involving lost work days and so forth because we did commit to reducing that
number and improving our safety performance to reduce the total cost of workmen’s
compensation and so forth so, Mr. Mayor, perhaps at the next meeting if we could get that
information unless you’re prepared today.
Ms. Wright: Well, I do have those reports um, they’re not finalized. I’ll be glad to bring
them back to the next meeting.
Mr. Mayor: Thank you so much. Commissioner Brigham.
Mr. Brigham: I make a motion we approve.
Mr. Bowles: Second.
The Mayor: We have a motion and a second. Is there any further discussion?
Commissioner will now vote by the usual sign.
Mr. Hatney out.
Motion carries 9-0.
The Clerk:
PUBLIC SERVICES
32. Discuss the Medical College of Georgia (MCG) recommendation of an extended
campus in Athens, GA. (Requested by Commissioner Don Grantham)
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Mr. Mayor, thank you and uh, to you and my fellow Commissioners I
hope that this is a subject that you’ll take to heart because it is one that has touched me in the last
ten days to two weeks in regards to the information I’ve read in the media, the newspapers and
that I’ve seen on television. That is, the Medical College of Georgia is recommending to extend
their teaching campus to Athens, Georgia that indications are and the reasons given is there’s not
enough space in Augusta to absorb an additional 40 students. That to me is somewhat ridiculous
to the point that expansion has been given to the Medical College of Georgia and all of our
24
medical facilities in the downtown area. I take this as somewhat of a bad information to
Augusta. That is that they’re saying we cannot afford to put 40 more students in our teaching
facilities. Therefore, move them to Athens, Georgia. That means creating jobs for professors in
Athens, buildings that would have to be acquired and extended services that would have to be
given in that regards. To me that is, is something that I find very unacceptable. The reason I say
it’s ridiculous is that every time MCG needs additional space for other than what we’re hearing
right now they come here and request for this Commission to do things for them such as Gilbert
Manor, such as trying to assist them in acquiring space and facilities for research. I’m all in
favor of research but I think first of all we need to train the people and educate the people in
order to be physicians whether they be in practice or in research.
Mr. Mayor: Okay.
Mr. Grantham: And I know I’m close to being over but I just want to let this be known, I
want to circulate a resolution for these Commissioners to sign today along your seal, too, Mr.
Mayor, that we tell them we are opposed to this move and that we do not like what’s taken place
without additional information or even information when it takes place.
Mr. Mayor: Okay, are you ---
Mr. Grantham: Thank you, Mr. Mayor.
Mr. Mayor: --- gonna put that in the form of a motion to pass the resolution?
Mr. Grantham: I put that in the form of a motion to circulate the resolution.
Mr. Cheek: Second.
Mr. Mayor: We have a motion and a second. Commissioner Smith.
Mr. Smith: Thank you, sir. I would like to notify Dr. Rahn and his group that Regency
Mall is available.
Mr. Mayor: Duly noted. Commissioner Cheek.
Mr. Cheek: Mr. Mayor, we do need to and perhaps this is something you can do, to talk
with all of our local members on the Board of Regents in this area and express that concern as
well. And I have to concur with Commissioner Smith. Regency Mall is ready when they are.
Mr. Grantham: Mr. Mayor, my second two minutes please?
Mr. Bowles: One minute.
Mr. Mayor: Commissioner Holland. Let me get Commissioner Holland and then I’ll get
to you.
25
Mr. Holland: Thank you, Mr. Mayor. I think the last time this discussion came up we
talked about the relocation and the extension of the Medical College of Georgia. I would also
like to recommend that 1700 acres of land that we have out there could be used since we can’t
use the racetrack out there, let’s use that 1700 acres of land and of course the Medical College of
Georgia can go out there and put all kinds of facilities out there on those 1700 acres. And if they
don’t wanna use those 1700 acres than we can use that 1700 acres to move the people from Hyde
Park and put them out there. But that land still can be used for something so rather than go to
Regency Mall, which is my district, Mr. Smith, let’s go out there to that 1700 acres which is in
your district and we can get the Medical College of Georgia out there and put hospitals out there
for people with HIV and any other kind of sickness that they have out there. So let us utilize
those acres out there and not have them go to Athens, Clarke County, because what I foresee
down the line in reference to this is that if this happens than eventually another part would wanna
move to Athens and then after a while you won’t have an MCG in Augusta. So we need to think
very, very seriously about this and let us use some of that land that we have sitting out there
that’s vacant now. That’s my thinking on that, sir.
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Yes, just to add to a little bit of information. This would not only be
circulated and forwarded to the Board of Regents but to our delegation and to the lieutenant
governor as well as the governor so that they’ll know this government stands firm in wanting to
keep this facility here in this city.
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.
Mr. Mayor: And I would just like to make a comment. I applaud the Commission for
standing together on this issue for presenting a unified front. I think that’s a good message to
send, Mr. Shepard, on this big picture issue.
Mr. Shepard: Mr. Mayor, thank you. On this particular copy of the resolution that we’ll
ask you to sign and the Clerk to certify, there’s a place for each individual commissioner to
endorse the resolution as well. I’m going to circulate the original to you at this time.
Mr. Mayor: Thank you, Mr. Shepard.
The Clerk:
ADMINISTRATIVE SERVICES
34. Discuss personnel. (Requested by Administrative Services Committee)
Mr. Brigham: Mr. Mayor, can we move this to the Legal Session?
Mr. Holland: Go ahead. I was going to defer this ---
26
Mr. Mayor: Mr. Holland.
Mr. Holland: --- defer it to Legal and reserve the right to come back and discuss it in
Commission if necessary.
The Mayor: Okay.
The Clerk:
PUBLIC SERVICES
35. Status report regarding the bid process and contract negotiation status of Augusta’s
Commission Chamber Audio, Voting and Presentation System.
Mr. Mayor: Mr. Hewett.
Mr. Hewett: Thank you, Ms. Bonner, Mayor, Commissioners. This agenda item is to
provide you with a status report on the equipment that you have been expecting for the
Commission chambers. Last year you approved the purchase of a new system for use here in
your chambers. You also approved our recommendation of Corporate Presentation Systems or
CPS. (A perfect reason why we need to replace it). You also approved our recommendation of
Corporate Presentation Systems or CPS as the vendor of choice. During contract negotiations
CPS became slow to respond and then completely unresponsive. Recently we discovered that
CPS had been purchased by another company. This acquisition resulted in the termination of
several key personnel to your contract and the relocation of their headquarters to Atlanta to
Virginia. When pressed for an answer regarding your contract CPS president Michael Perch
informed us that they no longer had a desire to install this project which is a much needed
system. The equipment you’re currently using is between nine and fifteen years old. It’s
difficult to support, as Ms. Bonner will attest is very hard to keep up at times. Many of the parts
that were used to build your existing system are no longer available. Information Technology
will re-bid this system. Once we have selected a new vendor we will bring that recommendation
back to you for approval at that time.
Mr. Mayor: Okay. Can I get a motion to receive this as information?
Ms. Beard: So moved.
Mr. Cheek: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign. Thank you, Gary.
Mr. Bowles and Mr. Harper out.
Motion carries 8-0.
The Clerk:
27
ENGINEERING SERVICES
38. Motion to approve an Option for Right-of-Way between William S. Roberts, as owner,
and Augusta, Georgia, as optionee, in connection with the St. Sebastian Way Project, for
property located at 209 and 209A Fifteenth Street (036-3-018-00-0 & 036-3-017-00-0)
consisting of 0.207 acre (9,002.09 sq. ft.) in fee and 0.014 acre (608.59 sq. ft.) of permanent
construction & maintenance easement for a total purchase price of $43,800.00.
39. Motion to approve and Option for Right-of-Way between William S. Roberts, as
owner, and Augusta, Georgia, as optionee, in connection with the St. Sebastian Way
Project, for property located at Fifteenth Street (036-3-033-00-0) consisting of 0.127 acre
(5,545.64 sq. ft.) in fee and 2,440.9 sq. ft. of permanent construction and maintenance
easement for a purchase price of $39,800.00.
The Clerk: Can we take item 39 together?
Mr. Cheek: Move to approve.
Mr. Grantham: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Mr. Brigham: Can we add item number 39 to it also?
Mr. Mayor: Okay.
I make it a motion, amend this motion to include item 38 and 39.
Mr. Cheek:
Mr. Mayor: Okay we have a motion and a second. Commissioners will now vote by the
usual sign.
Mr. Bowles out.
Motion carries 9-0.
The Clerk:
ENGINEERING SERVICES
40. Discuss the CH2MHill Contract. (Requested by Commissioner Marion Williams)
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I asked the Clerk to put this on the agenda so we
can discuss the contract that we have with CH2MHill. There has been in my mind some
violation of that contract and I need to hear from somebody down there as to where we are. We,
Commissioner Mays and I, at one point we debated for quite some time to put this contract
together and try to bring some fairness to, to this uh, uh, lifelong contract that we had and I said
28
in committee that we did not exercise our options that we was, that we put in the contract. But
now it seems that the contract has been violated. The contract states, and I don’t have a copy in
front of me but I can get one, Mr. Mayor, the contract states that any changes to the contract will
be come through and be approved by this government that’s, I don’t think that happened. If it
did nobody shared it with me as a Commissioner and I’d like to sit Larry down, maybe he can
explain what, where we are and what we’re doing.
Mr. Mayor: Please state your name and address for the record.
Mr. Scott: Larry Scott, 360 Bay Street with CH2MHill. Commissioner, the uh, what
happened, Commissioner Williams refers to an exhibit in our contract that specified key people
to serve as part of our team and our services to you. Mr. Tony Johnson was one of those key
people. Our corporation kind of got the cart before the horse in regards to a organizational, some
organizational changes that OMI, one of our operating companies was going through and this
particular position that Mr. Johnson was in was eliminated as a part of reorganization and one of
about five of the last five years that was eliminated. Well, when I say cart before the horse is
that our full intent was, has always been for those here is to keep Mr. Johnson on as a part of the
team because we work very well together. He works very well with each and every one of you.
And so we want to keep that going. Well, I deeply apologize for that happening and uh, but it
has happened and we are moving forward. We are contracting with Mr. Johnson, we are
working on a subcontract arrangement with him to furnish the same type of service role, same
role no change whatsoever in that exhibit, no change in the contract so that he will continue to
serve you and work with you just as he’s been doing in the past. Now, we talked about and it
was suggested by Mr. Grantham, maybe having a letter of intent so you could see something in
writing that we were working together but in talking with Tony we both were anxious to move
this forward and we did and we’re in the process of working the details out. Those details have
not been completed at this time. I just received a draft I see on my email and will be working
that --- Tony, is he still here? Oh, there he is. The uh, but we’re working together Tony and I
were talking and, but Commissioner, you’re right this is something that should raise your
eyebrows and uh, again my apologies. As far as our intent we’re not going to change.
Mr. Mayor: Okay.
Mr. Williams: Mr. Mayor, if I can follow up. I just need to ask Larry one question is
that, the agreement says that if this agreement was dissolved no longer was gonna be a part of
this government that we and that’s not me but this Commission would agree to that. I mean how
can ya’ll be in negotiations now, how can you plan to make, do something different when
nobody came to this body unless there’s a meeting we weren’t privileged to that shared
information about what was being in perspective or even I mean we’re not talking about a small
firm we’re talking about a large firm who’s got staff and people all over this place. So I’m a
little bit leery, Mr. Mayor, as to the change that was made when nobody brought it to this body
for us to say, okay, ya’ll go and make those changes or not make those changes.
Mr. Mayor: Okay.
29
Mr. Williams: So that really shines a light on us as if we either don’t know what we’re
doing or somebody don’t care about what we’re doing.
Mr. Mayor: Okay. Mr. Scott.
Mr. Scott: Well, the exhibit refers to key personnel and names these individuals myself
and some others. It’s key personnel not necessary retained as full time employees but yet key
personnel that will be playing, that will play that role as designated in the contract. And uh, he
will be a contract employee but again as I say with the role to continue just as he’s been
continuing as the DBE coordinator.
Mr. Mayor: And, Mr. Williams, I would say that Mr. Scott’s saying it was an oversight
but you’re saying that even though it was an oversight it does not change the fact that the
contract was violated.
Mr. Williams: And, Mr. Mayor, I guess, and Mr. Grantham would say something, what I
just wanted to know was how could we change to whatever key personnel any changes that said,
we negotiated this contract for some time in order to get this where it was. I brought, I raised the
issue about not exercising our option the last time, a couple weeks ago when we voted. Now it
was just voted on so it’s not like something that we hadn’t paid any attention to nobody knew
about. It’s been in front of their faces for some time. We just voted a couple weeks ago to
extend another year’s contract ---
Mr. Mayor: I understand.
Mr. Williams: --- with those key people in place but then the next day or so is when the
contract changed.
Mr. Mayor: Was violated. Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor, and like Mr. Williams and several other
Commissioners, I have nothing against the company at all there and I think ya’ll are doing a
good job and I know that uh, there had to be a case or Mr. Hicks wouldn’t be recommending that
we continue with the arrangement that we have. But I too am appalled by the fact that this would
take place immediately after we extended the contract for another year and I’m not looking for
an apology, I think we’re looking for some form of, not restitution of money as far as that goes
but Mr. Johnson was a very key person in making sure that this contract did get extended. And
so my concern is that um, that this does not happen again or that this does not take place not only
with us but that you look into this as far as other people that you may be negotiating contracts
with.
Mr. Scott: Yes, sir.
Mr. Mayor: Commissioner Hatney.
30
Mr. Hatney: One question, sir. My concern is that, is this the key person, then you say
you eliminated his job that breached the contract itself now. The only way I see you can fix this
is you put him back in the job he had. Otherwise it’s a breach of contract. You can’t change his
status and satisfy the contact. Not with me you can’t.
Mr. Scott: Commissioner –--
Mr. Hatney: You can’t do that unless the contract is amended and it has to be approved
by us before it can be done.
Mr. Scott: Yes, any change will go before you. You must have, you must have approval.
Mr. Hatney: You mean from here on cause it didn’t happen ---
Mr. Scott: Absolutely. And, uh.
Mr. Mayor: Mr. Shepard.
Mr. Shepard: I was just going to observe, Mr. Mayor, that I think it would be incumbent
on the contract to submit that subcontract because we are, we have the right to approve or
disapprove any subcontract on page 10 of that document.
Mr. Williams: Question to the Attorney, Mr. Mayor.
Mr. Mayor: Okay.
Mr. Williams: Mr. Shepard ---
Mr. Mayor: This is your second time Commissioner Williams. Go ahead.
Mr. Williams: I don’t know how you can handle the city business in two times, Mr.
Mayor, but we’re trying. This government, this monies uh, Mr. Shepard, can a third contract be
offered to us if the contract is binding with us? Wouldn’t we have to say, wouldn’t we have to
be a part of that contract? Now if they gonna put a contract together, now we this government
along with the firm put this together, how we gonna allow the firm to put a contract together to
bring in a person that we put in, in the beginning. That don’t sound right now I ain’t no Attorney
but that don’t sound right. They offer us something we can either accept it or reject it but they
can’t do a contract for us, for this government Mr. Mayor. Is that right or what now?
Mr. Shepard: The subcontract, Mr. Williams, has to come back to this body for approval.
If you don’t approve it than they are, they’re in violation of the contract.
Mr. Williams: My question again, Mr. Mayor. I hadn’t got an answer from the Attorney.
Do, can they, the contractor make a contract with a sub-person than bring it to us. I know we
have to okay it but if we put the contract together wouldn’t we have to be in on the initial
contract being put together with somebody else?
31
Mr. Shepard: Yes.
Mr. Williams: Okay, the ---
Mr. Shepard: Then bring me the subcontract. Yes, sir.
Mr. Williams: If they offer something we can either accept it or reject it, Mr. Mayor, I
think but ---
Mr. Mayor: Absolutely.
Mr. Williams: --- but I, I’m under the understanding that we ought to be the ones who
sitting in on, who put the contract together in the first place. Now Commissioner Mays is not
here now but we spent hours in, in a conference room talking and trying to work this thing out
and in order to be beneficial and we did that. Now somebody else can pull them out and give us
something else and we either accept it or reject it. We ought to be the ones to initiate the
contract along with the firm to make sure that we’re all at the table at the same time when
somebody bring us something. I mean that, that don’t make good sense to me, Mr. Shepard, as
an Attorney now.
Mr. Mayor: Okay. Ms. Beard.
Ms. Beard: Mr. Mayor, I agree with him. There was a contract that was written
approximately five years ago. That contract is still binding. We expect you to live up to your
contract.
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: My other comment is that then you, according to what I’ve been able to
read here it was, there was not supposed to be any adjustments whatsoever in this contract
without presenting it to this body and if we approve this before you do it not afterwards.
Mr. Williams: That’s right.
Mr. Scott: That’s correct. That’s what I was referring to the cart before the horse.
You’re absolutely right.
Mr. Hatney: That’s more than the cart before the horse here.
Mr. Mayor: Amen. Commissioner Grantham.
Mr. Grantham: Mr. Mayor I’d like to make a motion that we receive this as
information today and that we hold this open and until an amendment of the contract is
presented to us that indicates Mr. Johnson being reinstated and or given a consultant
position to continue the role that he has as liaison as indicated in our original contract.
32
Ms. Beard: I’ll second that.
Mr. Mayor: We have a motion and a second. Is there any- --- Commissioner Hatney.
Mr. Hatney: One question. He mentioned consultant. Consultants don’t get fringe
benefits. Employees do.
Mr. Scott: Well, and you’re paying them for it too. You pay more, and hourly rate ---
Mr. Hatney: But they don’t get fringe benefits.
Mr. Scott: Well, they get paid more to find ---
Mr. Hatney: That’s not what I’m saying. It’s not the same thing. He was an employee.
Mr. Scott: It’s not the same thing. Unless you’re gonna put that back you need to bring
it to me. I’m serious.
Mr. Mayor. Okay. Commissioner Harper.
Mr. Harper: Uh yes, I think for me the only thing that would be acceptable is they try to
come back with a contract that the individual’s been working with us is in the full capacity or
framework of what he’s been doing with us and nothing short of that being a consultant or
whatever is not going to be acceptable with me. So my colleagues, most of them have spoken on
the matter but right now the contract is definitely a breach and I’m not gonna, me myself I’m not
gonna say nothing less than what we had before.
Mr. Mayor: Okay, and they’ll have to bring it back and come for a vote. Commissioner
Cheek.
Mr. Cheek: Mr. Mayor, I don’t think I’ve known a finer young man than Tony and the
job he’s done for us. Corporate makes decisions sometimes apart from the local level that may
be running a project. So we have just put ourselves in the position of telling Corporate to either
amend the contract to be exactly what it was or from what I’m hearing on the floor then it’s not
going to be accepted.
Mr. Mayor: We’ll lose the contract.
Mr. Cheek: We’ll lose the contract in the middle or towards the end of um, the 2010
project which is the most comprehensive rework of the water systems in the city. I think we
need to step back for a moment and if the young man can be made whole, covered and
compensated in the manner similar to what he had been compensated before in the past and not
to disagree but fringe benefits cost dollars, salary is dollars if you can compensate one for one to
cover the cost and you’ve covered the cost that, I hate to see us put this contract at this late hour
in jeopardy when I think everyone at CH2MHill and especially the local folks realize the gravity
33
of the situation, the desire for continuity and completion for work we have at hand and will do
everything they can to make sure that this very fine young man will be put in the position to do
what he’s done for them and for us for all of these years without us trying to dictate to Corporate,
one of the largest corporations in American what they better do.
Mr. Mayor: Okay. Commissioner Holland.
Mr. Holland: Thank you, Mr. Mayor. I don’t think that we’re trying to tell this
corporation what they better do. I think that we’re just trying to get this corporation to work with
us in a most respectable manner. I would like to say also that you know I too since coming
aboard have found Tony to be a very fine young man and has done some very good things for
this community in terms of scholarships for students and that’s very, very good in terms of your
company. And he was responsible for doing that. But one of my main concerns is that it appears
to be a breakdown in communication between your company and with Tony. Because after
looking at this information it appeared to me that all of this didn’t happen to Tony until after he
came here and we voted on the extension of your option when we voted on that. And it appears
to me that when Tony left Atlanta at that particular time it appeared as if it was a prearranged
termination for him. So I would think that in the future that you would communicate with your
employees and especially the people like Tony who’s doing an outstanding job prior to their
coming to Augusta to sit and talk with us so that it would be, they would know what’s going to
happen in reference to their position and in reference to their jobs. So that it won’t come back,
when they come here and work with us and then they go back to you and then they’re blindsided
and find out something has happened to them that they were not aware of. So I think
communication is a very good thing to do with this young man from now on.
Mr. Mayor: Okay. Commissioner Williams, I’ve already recognized you twice.
Mr. Williams: You got one motion on the floor, Mr. Mayor.
Mr. Mayor: We have a motion and a second.
Mr. Williams: We got one motion on the floor, Mr. Mayor.
Mr. Mayor: Mister, I have not, we do have a motion on the floor.
Mr. Williams: I wanna make a substitute motion, Mr. Mayor.
Mr. Mayor: And, Mr. Williams, I have not recognized you. Mr. Shepard, is that ---
Mr. Shepard: There is one motion on the floor, is that correct?
Mr. Mayor: Yes.
Mr. Shepard: Well, I think, anybody should make a second ---
Mr. Mayor: Okay.
34
Mr. Shepard: --- a substitute motion.
Mr. Mayor: Go ahead, Mr. Williams.
Mr. Williams: Mr. Mayor, I’m gonna make a substitute motion but in the event the ---
we ain’t working too good on this commission but I’ll be afraid if I was Tony Johnson or
anybody else who worked for a firm who done such a thing as this. But my substitute motion is
that we go out and search for another firm that can do the same job and see what our options are
that we didn’t express when we should have this time. And that’s in the form of a motion.
Mr. Harper: Second.
Mr. Mayor: Okay, we have a substitute motion and a second. Madame Clerk, could you
read back the substitute motion.
The Clerk: The substitute motion was to re-bid the contract.
Mr. Mayor: If there’s not further discussion, Commissioners will now vote by the
substitute sign.
Mr. Brigham, Mr. Smith, Mr. Bowles and Mr. Grantham vote No.
Mr. Cheek out.
Motion fails 5-4-1.
Mr. Mayor: Okay, we have a primary motion on the floor and, Madame Clerk, could you
read that one back.
The Clerk: That motion was to receive as information today and that it stays open until
the amendment is brought back before the Commission with Mr. Johnson’s status.
Mr. Grantham: Being confirmed by this Commission.
Mr. Mayor: Okay, Commissioners will now vote by the usual sign.
Motion carries 10-0.
The Clerk:
ENGINEERING SERVICES
41. Approve a request for a permanent easement from GDOT on Phinizy Road at the cross
line that drains the detention basin from the Charles B. Webster Detention Center to
prevent water backup on Phinizy Road.
Mr. Mayor: Commissioner Smith.
35
Mr. Smith: Move to approve.
Mr. Cheek: 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.
The Clerk:
ENGINEERING SERVICES
44. Presentation by Mr. Joe Jones of Jay’s Car Wash & Supply regarding compensation
for his loss of business resulting from roadway improvements on Barton Chapel Road.
The Mayor: Mr. Jones, and I know you, please state your name and address for the
record and hopefully we can get thing done one way or another today.
Mr. Jones: My name is Joe Jones. I live at 3423 Deans Bridge Road in Augusta, GA
30906.
Mr. Mayor: Okay and ya’ll, Mr. Jones has made his presentation to us several times. I
don’t know if we want to have him do it again. I believe that we just, we need to vote it up or
down one way or the other. Ms. Beard.
Ms. Beard: Mr. Jones, would you be willing to accept $10,000.00?
Mr. Jones: No, ma’am.
Mr. Mayor: Mr. Bowles.
Mr. Bowles: Mr. Mayor, I have a question for either the Attorney or the Administrator if
they have reviewed tax returns from this operation and can verify that amount of income being
reported and the amount of disturbance and what we’ve offered.
Mr. Mayor: Mr. Shepard.
Mr. Shepard: I believe those have been reviewed by Mr. Russell but he did not
communicate that to me before he left, the amount. We will be discussing a figure that we could
compromise on and um, those figures have not been reviewed by me. The latest tax return, I’ll
ask Mr. Jones if he brought another copy of that.
Mr. Jones: I don’t have the one I gave Mr. Russell. The one I have with me is the 2000,
is the 2000 tax. The one I gave to him was the 2002.
Mr. Shepard: That was the year that was impacted. Is that correct?
36
Mr. Jones: The year that affected me was 2004.
Mr. Shepard: And what about the tax return for that. Have you ---
Mr. Jones: I haven’t filed a return for 2004 yet. I’ve been working on this for the last
two years trying to get it resolved through the engineers and they went as far as they can go and
they referred me to come to the Commission. And that’s the reason I’m here now.
Mr. Mayor: Okay.
Mr. Jones: This hasn’t been resolved since March of last year.
Mr. Mayor: Ladies and gentlemen I’m, either we have a couple options. We can defer
this to the next Commission meeting when Mr. Russell can give us a full report. We can vote to
approve or vote to deny. What’s your pleasure? Can I get a motion any way?
Ms. Beard: Mr. Mayor, is that to approve the $9,000.00?
Mr. Mayor: I think at this point Mr. Jones is saying that he’s not willing to accept the offer
of nine, he’d not be willing to accept the offer of ten and it does not sound as though we’re
willing to go to his figure of sixteen ---
Mr. Shepard: $16,500.00
Mr. Mayor: $16,500.00. Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. I feel for Mr. Jones in that he’s been unable to
operate his business and on Gordon Highway when they added lanes to it my businesses were
out for a year with no relief and they told us that our property would be improved after they
finished and uh, we accepted that and if we do anything other than what is right I would say that
we’d be setting a precedent that everybody out there is going to be in here looking for a check.
And I feel like that if it would not be advantageous as taxpayers of Richmond County to that.
Mr. Mayor: Does that come in the form of a motion?
Mr. Smith: It does.
Mr. Mayor: Motion to deny?
Mr. Smith: Yes.
Mr. Mayor: Is there a second?
Mr. Grantham: I’ll second.
37
Mr. Holland: Mr. Mayor?
Mr. Mayor: Commissioner Holland.
Mr. Holland: Let me mention something here. You know we, you know we are
Commissioners and we have several Commissioners here that are in business and I’m sure that
you know, they take a long look at their businesses and you know, since I’ve been on this
commission I’ve observed that we spend a lot of money on different things that we shouldn’t be
spending money on. Two, three hundred thousand dollars, a million dollars on different
properties that we are purchasing and here we have a gentleman who has a business who has lost
money in his business trying to make a living and we’re up here bickering about fifteen or
sixteen thousand dollars. I just think personally I just think it’s so unjust to him to have to keep
coming back to discuss this when we as Commissioners and Mayor can go ahead and grant this
man the amount of money that he needs to get his business started back. Because we’ve spend a
lot of money and we’re probably going to be spending more money within the next few days on
some things that we are, that will be coming before this commission and I don’t think that this
amount of money that he’s requested would hurt us at all. And that’s my thought on that.
Mr. Mayor: Would you like to make a substitute motion to approve?
Mr. Holland: I’d like to make a substitute motion that we pay him the amount of
money that he’s requested, is it $16,500?
Mr. Mayor: Um, hum.
Mr. Holland: The $16,500. That’s my substitute motion.
Mr. Hatney: Second.
Mr. Mayor: Okay there’s a substitute and a second. Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. Commissioner Holland is right. We done went
on private property, spent money and we brought to the attention of this body and we spent
$100,000.00. Now I can call the names of the property owners if you want me to that we went
on to and I question that. I asked the court how could we do that. But this body voted to do it
anyway. Now we already acknowledged that we interrupted this man’s business and we wanna
give him nine or ten thousand but we don’t wanna give him the fifteen. I’m surprised he ain’t
coming and telling us $100,000.00 that we owe him. Now I thought we’d be able to work this
out without getting to this point but since we’re not, Commissioner Holland is exactly right. We
done spent money on private property and we knew it was private property and we don’t have no
qualms about it. So I’m in support Mr. Mayor, I think we need to go ahead and vote to get this
up or down, one way of the other.
Mr. Mayor: Okay. We have a substitute motion on the floor, Madame Clerk, that is to
approve Mr. Jones’ request. Correct?
38
The Clerk: $16,500.00. Yes sir.
Mr. Mayor: Okay. If there’s no further discussion Commissioners will now vote by the
substitute sign.
Mr. Brigham, Mr. Smith, Mr. Bowles and Mr. Grantham vote No.
Motion carries 6-4.
Mr. Mayor: Next agenda item, Madame Clerk.
The Clerk: Is Mr. Kuhlke here to do the Judicial? You wanna defer that to committee?
Mr. Cheek: Some discussion on this.
Mr. Mayor: Okay. Commissioner Cheek.
ENGINEERING SERVICES
45. Report from the Judicial Center Sub-Committee regarding questions concerning the
Judicial Center Project relating to the sub-committee’s composition, the retention of the
current architectural firm and the contract extension with that firm if they are retained.
Mr. Cheek: Mr. Mayor, we’ve kicked this around and it became very clear at the last
time, the Chairman of the committee was down here that absolutely nothing had been done in the
year since passage of the SPLOST that pertains to developing a scope, a plan, a new design.
Every month that goes by we’re losing $30 thousand or so dollars to construction costs,
installation of materials and so forth. My understanding is that we have to go back through the
whole ball of wax and spend another million or so dollars with this same firm. Commissioners,
there’s not been regular meetings held to discuss status, path forward or anything else on this
committee in the last year whether in previous months I believe Commissioner Beard and maybe
Commissioner Williams, I forget the members that were on the board often commented on how
they weren’t included in discussion and decisions that were being made. I for one am in favor of
us looking at um, moving forward with a design, build/firm to go ahead and get this ball rolling
uh, I have no confidence in the committee. The track record of this committee is poor and we’ve
seen an awful lot of color brochures and presentations and have been told that every one of the
other properties than the one we chose were the best for this, that and the other reason, many
contradictions throughout the course of these things. Know that we need to abolish this
committee and all the administration and all the bureaucracy that goes with it, send out and RFP
or an RFQ for a design/build firm to go ahead and proceed with building this Judicial Center and
get it done. For every month that we delay, Mr. Mayor, we lose, in three months we’ve lost the
price of most people’s homes on the escalation of construction costs.
Mr. Mayor: Okay.
Mr. Cheek: And I’m gonna make a motion that we abolish the committee and we
instruct staff to go out with and RFQ or an RFP which ever is appropriate to solicit and
design/build firm to move forward on the new Judicial Center.
39
Mr. Mayor: And is that, that’s a substitute motion, I believe is it?
Mr. Cheek: I didn’t hear any motion on it.
Mr. Mayor: Okay. Commissioner Williams. Oh, wait. Is there a second on that?
Mr. Williams: I’ll second that motion.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I have uh, Commissioner Cheek is right I am, I
am appointed to that committee and I have not heard anything at all not one time about any
meeting about any uh, potential meeting to get together to find out where we are and what I
could bring back to this body. Some folks may have some contact with Mr. Kuhlke and be able
to sit down with him but the last think I asked him was how much money we spent. He gave me
a document up here that didn’t tell me anything. But I think we are losing money the longer we
wait, the more the price is escalating going up and we realize that. If we’re not gonna do this
project we need to say we’re not gonna do it. If we are, we need to get off center and do
something. So I think Mr. Cheek is right on it. Nobody has said a word about meeting or what
we can do except letting time go by and let this prices escalate, Mr. Mayor.
Mr. Mayor: Okay. Ms. Beard.
Ms. Beard: Mr. Mayor, I did speak with Fred and a couple of others. I think you were
included and we also looked at the Judicial Center and uh, we looked at the sub-committee and
actually found that their work was basically complete and that they could either be terminated or
they may become a part of a committee that would move forward toward the next phase. We
also talked about the architectural firm for this project and we have to determine if we would like
to proceed with that firm and if so have them come and speak with us and look at extending their
contract. But that’s where we were when I spoke with him.
Mr. Grantham: Mr. Mayor?
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. I feel like there’s been some things done in this
past year. I know that nothing’s been done but it’s my understanding we had to close out the
properties in order to get things moving in the right direction and in order to make the necessary
recommendations as far as building and construction and I know of two pieces of property that
we had issues with last year that we were discussing before we could get those closures taken
care of. In addition to that it’s been requested at several of the Engineering Services meetings,
and I’m not a member of that but it’s my understanding we hadn’t had a quorum to even hear the
requests from that committee and so, you know when a request is made it’s difficult to talk to a
blank room. In addition to that I feel like that by going out again on and RFP that we’re going to
be spending a lot more money than we’re talking about in losses. They’re gonna have to start all
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over with new design, new information an architectural firm that has the drawings now that we
requested back when the project was in excess of $80 million dollars can modify and do
whatever is necessary for that building to fit the amount of dollars that we have right now for
construction. So to me I think we’re only being wise and prudent by allowing them to bring
forth the recommendation that, that they have and to give us all of this information and then
we’ll make a decision. But to just pull the rug out from under on everything right now would
certainly be something I think is unnecessary.
Mr. Mayor: Would you like to make a substitute motion?
Mr. Grantham: I make that a substitute motion that we delay and that we hear the
committee’s recommendation. If we don’t like that then we move forward with other ideas or
RFP’s or whatever they may be.
Mr. Smith: Second.
Mr. Mayor: We have a substitute and a second. And before I recognize you, Mr. Cheek,
one interesting thing that was discussed yesterday, that we have the potential for now, now that
we have tax allocation districts as a tool for us to use there’s the potential for the third level of
the canal to be designated a tax allocation district and there’s also the potential through the
bonding ability of the district to my mind that we might be able to complete that project at the
original scale as opposed to scaling it back. Commissioner Cheek.
Mr. Cheek: Mr. Mayor, it’s been well noted and determined that the rescheduling of the
courts has saved significant costs and improved scheduling on where every judge does not need a
court room. Therefore, and this has been my concern, is that we’re waiting for the entire $80
million dollars. I know words mean things and so forth but what was said about them being
complete was they were complete with the original concept phase of the original $80 million
building not complete with the design work which hasn’t, has yet to begin. Therefore we’re
gonna have to go through the developmental phases and all of these colorful words they use to
delay us over a year cost us nearly $2 million dollars. There’s site prep that could’ve been done,
there’s many things that could’ve been done that just haven’t been done. To continue to go on
the same horse that’s got us nowhere makes absolutely no sense but it is consistent in many cases
with what we do down here but the bottom line is, we’ve gotten no where, they’re gonna have to
start over completely with the engineering with a new building that has less court rooms and is
consistent with the budget money that we have allocated and on top of that for every month we
delay waiting on the concept phase, I wish I could remember all of those terms that they came up
with to give us these colorful drawings and delay months, that we’re losing $30 thousand dollars
which is bricks and mortar for that one building. So to wait on them to give us the same thing
they did and then tell us they need to go back to the same process that we went through before to
design a building that they’ve know for over a year that we’ve had a fixed budget on with the
same firm by the way that we never went out and got qualifications for. It is ridiculous, it’s a
waste of the taxpayer’s money in terms of delays on this project and we can continue to follow
the same course of riding the horse that goes nowhere and waste all the people’s money. We can
build and $80 million dollar structure over here that we won’t occupy, can’t afford to keep the
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lights on in or we can build it. And I’ll remind everybody on this board that Columbia County
has designed, built and occupies now a courthouse in less time than this particular ---
Mr. Mayor: Okay.
Mr. Cheek: --- concept has been on the board.
Mr. Mayor: Okay, we have the substitute motion and a second on the floor. Madame
Clerk, could you read back the substitute motion?
Ms. Beard: (UNITELLIGIBLE)
Mr. Mayor: Having, Madame Clerk is reading back the substitute motion.
The Clerk: The substitute motion was to delay and to hear recommendations from the
committee.
Mr. Mayor: If there’s no further discussion Commissioners will now vote by the
substitute sign.
Mr. Williams, Mr. Hatney, Mr. Cheek vote No.
Ms. Beard abstains.
Motion carries 6-3-1.
The Clerk:
ENGINEERING SERVICES
46. Update from the Administrator on the racetrack. (Requested by Commissioner
Williams.
Mr. Mayor: Commissioner Williams, as Mr. Russell is not here today, could we defer
this to the next meeting?
Mr. Williams: That’s fine, Mr. Mayor.
Mr. Mayor: Could I get a motion to that effect?
Mr. Williams: So moved.
Mr. Cheek: Second.
Mr. Mayor: We have a motion and a second. Any further discussion? Commissioners
will now vote by the usual sign.
Motion carries 10-0.
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The Clerk:
ENGINEERING SERVICES
47. Receive Utilities Engineering 2006 Report to be presented at the meeting.
Mr. Smith: Mr. Mayor?
Mr. Mayor: Commissioner Smith.
Mr. Smith: If I might we’d like to refer this back to Engineering Services Committee. It
hadn’t gone through there yet and we’d like to delete it today and send it back through there.
Mr. Cheek: Just a question on that, Mr. Mayor.
Mr. Mayor: Commissioner Cheek:
Mr. Cheek: And I have no issue with that. Mr. Chairman, could you also request of
Utilities that they bring forward the engineering study for repair of the towpath and the diversion
dam? It’s way overdue.
Mr. Mayor: I will do that.
The Clerk:
ENGINEERING SERVICES
48. Motion to approve revisions to the membership of the NPDES Oversight Committee
and revisions to the membership section of the NPDES Committee’s Charter to add a
thirteenth member to the Committee, a member with CPESC Certification.
Mr. Cheek: 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.
Mr. Grantham: What is that?
Mr. Cheek: National Pollution Discharge and Elimination.
Mr. Mayor: Yeah, all these governmental acronyms confuse me.
Motion carries 10-0.
The Clerk:
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PETITIONS AND COMMUNICATIONS
49. Motion to approve a Letter of Consent for MACH Academy to be the direct recipient
of grant funds from the 2007 Juvenile Justice Grant from the Georgia Children and Youth
Coordinating Council.
Mr. Cheek: Move to approve.
Ms. Beard: Second.
Mr. Mayor: We have a motion and a second. Is there any, we have a motion in 8
seconds. Is there any further discussion? Commissioners will now vote by the usual sign.
Motion carries 10-0.
The Clerk:
APPOINTMENTS
50. Consider the recommendation of the Richmond County Department of Family and
Children Services to appoint Kathy Schofe to serve the unexpired term of Ms. Bernice
Hankerson.
Mr. Grantham: 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 of voting.
Motion carries 10-0.
52. Consider the recommendations of the CSRA Economic Opportunity Authority, Inc. to
reappoint the following for a four-year term on the Authority: Marion Barnes,
Chairperson, Imogene Ford, V-Chair, Sara Leiden and Archie Shepherd and receive a
report from the organization relating to their goals and objectives for 2006 and 2007.
(Deferred from February 6, 2007 meeting)
The Clerk: Item 52. I don’t think Ms. Lewis is here in the committee. I’ve notified her
office. We’d like to defer this maybe to the next meeting. They were going to send me the
report but I haven’t received it yet.
Mr. Mayor: Okay.
Mr. Cheek: 52.
The Clerk: 52. Yes, sir.
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Mr. Williams: So moved.
Mr. Hatney: Second.
Mr. Mayor: We have a motion and a second to defer to the next meeting.
Commissioners will now vote by the usual sign.
Motion carries 10-0.
The Clerk:
OTHER BUSINESS
55. Discuss Watermark/Pension Property. (Requested by Commissioner Don Grantham)
The Mayor: Mr. Shepard.
Mr. Shepard: I would suggest that like one of the items you chaired after Legal that you
do that as well with this item.
Mr. Mayor: Do we need a motion?
Mr. Shepard: I just asked you to ---
The Clerk: Defer it to Legal.
Mr. Shepard: Yes, sir.
Mr. Williams: Uh, what’re we doing, Mr. Mayor?
The Clerk: Defer it to Legal.
Mr. Shepard: To after Legal.
Mr. Mayor: Defer to after Legal. Okay. Mr. Shepard.
OTHER BUSINESS
54. Motion to go into a legal meeting.
Mr. Shepard: At which time we are at the Legal Meeting and I know we try to hold them
at different times as more of a convenience to the Commissioners. I would ask for a usual legal
meeting to cover the topics of Pending and Potential Litigation, Personnel and Real Estate.
Mr. Mayor: Can I get a motion to that effect?
Mr. Cheek: So moved.
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Mr. Brigham: Second.
Mr. Mayor: Mr. Bowles.
Mr. Bowles: I’d like to request an unusual Legal meeting that doesn’t last and hour and a
half, please.
Mr. Mayor: Amen!
Mr. Cheek: I’ll second that.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign of voting.
Motion carries 10-0.
[LEGAL MEETING]
Mr. Mayor: Mr. Shepard.
Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia’s Open Meeting Act.
Mr. Shepard: Mr. Mayor, the first motion I would ask is one for you to authorize to
approve the closed meeting affidavit wherein the topics of pending and potential litigation were
discussed as well as personnel. We did not discuss real estate.
Mr. Mayor: Can I get a motion to that effect?
Mr. Williams: So move.
Mr. Cheek: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
Mr. Hatney and Ms. Beard out.
Motion carries 8-0.
Mr. Mayor: Mr. Shepard.
Mr. Shepard: Mr. Mayor, I would ask that the presentation from Risk
Management with reference to the settlement of the Workers Compensation claim of
Jimmy Burch be approved with the additional funds from the city sources being $12,848.00
which was added to the previous settlement authority of $85,000 and the remainder of the
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settlement is outlined in the agenda item which I’m going to file with the Clerk tonight and
I would incorporate by reference.
Mr. Williams: So move.
Mr. Cheek: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
Mr. Hatney and Ms. Beard out.
Motion carries 8-0.
Mr. Mayor: Mr. Shepard.
Mr. Shepard: Thank you. As part of the defense of a claim, Mr. Mayor and
members of the Commission, that claim being potentially against responsible parties who
are near or contributing to the shoaling at the mouth of Reed Creek and the Augusta
Canal, I would ask, after first consulting with the Procurement Department, that in order
to mitigate damages in this area we have authority to contract with Alpha Construction
Company for the removal of the sediment deposits and for the identification of the
responsible parties for the deposit of that sediment
. The reason it’s an emergency is that
there is equipment in the vicinity which can be utilized to deal with this and we would also
coordinate it with all entities involved including the Canal Authority and Augusta Utilities
Department.
Mr. Williams: So move.
Mr. Mayor: We have a motion.
Mr. Cheek: Second with a comment, Mr. Mayor.
Mr. Mayor: Mr. Cheek.
Mr. Cheek: Mr. Mayor, on the last tour boat on the River, on the Canal, the guide
aptly pointed out that the Canal just keeps getting shallower and shallower, and I would
encourage that while we look at this emergency that we also look at any other areas
between the gates at Lake Olmstead and Reed Creek for other shallowing which does
occur, perhaps removal of trees as part of this emergency. There are some areas that are
becoming unnavigable so I’d like to, if the maker of the motion would allow that to be
incorporated under the motion.
Mr. Williams: So move.
Mr. Mayor: Okay. That’s been incorporated. We have a motion and a second.
Commissioners will now vote by the usual sign.
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Mr. Hatney and Ms. Beard out.
Motion carries 8-0.
Mr. Mayor: Mr. Shepard.
Mr. Shepard: Mr. Mayor and members of the Commission, the City as part of a
joint defense agreement with Columbia County, Aiken County Public Service Authority
and other users of the Savannah River, and we are asking for authority to assign the first
amendment to the joint defense agreement which allows each party when they may feel it
necessary to assert attorney/client privilege. It’s a one line amendment to our previous
agreement that was passed which authorized Hunton and Williams, specifically their
partner Brooks Smith, to represent us in this matter.
Mr. Mayor: Could I get a motion to that effect?
Mr. Brigham: Move we approve.
Mr. Bowles: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
Mr. Hatney and Ms. Beard out.
Motion carries 8-0.
Mr. Shepard: That was also an add and approve for the record.
Mr. Mayor: Jerry, you –
The Clerk: Yeah, Mr. Bowles did.
Mr. Mayor: That’s all you’ve got?
Mr. Shepard: That does not conclude the agenda because there’s another item.
Mr. Mayor: Well, next item, Madam Clerk, I believe, item number 54.
Clerk:
54. Discuss Watermark/Pension Property. (Requested by Commissioner Grantham)
Mr. Mayor: Mr. Grantham.
Mr. Grantham: Mr. Mayor, after discussion in regards to the pension property due to
contamination, I’d like to put in the form of a motion that we accept the offer from Mr. Harold
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Kitchens and the Watermark project for $200,000 to assist in the cleanup of that property and
that the City’s exposure will not exceed $600,000 once we get the proper information regarding
the contamination and if that so happens, then we have the option to revisit the cost and the
sharing of the cost in that regards.
Mr. Mayor: We have a motion. Mr. Shepard.
Mr. Shepard: And I have a question of record that this was considered in the context of
potential claims we have against responsible parties which remains in the complainant’s file and
we also have retained environmental counsel in previous meetings.
Mr. Mayor: Okay. We have a motion. Is there a second?
Mr. Cheek: Second.
Mr. Mayor: We have a motion and a second and let me strongly encourage the
Commission to approve this. There is – you know, we’re going to have to clean it up one way or
the other. This is absolutely something that we need to do. It’s an $80 million dollar project so I
would just encourage approval and with that, Commissioners will now vote by the usual sign.
Mr. Smith: Mr. Mayor.
Mr. Mayor: Commissioner Smith, I’m sorry.
Mr. Smith: Thank you. Is it where we cannot get a firm bid on that?
Mr. Mayor: They’re in the process of –
Mr. Smith: Well, suppose it goes over the $600,000?
Mr. Mayor: Then they’d have to come back to us and we’d have to renegotiate, but there
is also the potential that it could stay under.
Mr. Cheek: Mr. Mayor.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, the cost is going to be contingent upon what they find, of course,
and like you said, they may find more or less, but at some point, midpoint of cleanup, we’re
going to need to have an assessment done if there will be additional cost. Pulling the vehicles off
the job and then restarting it would be significant additional cost. I agree we need to move
forward with this and if memory serves, the state regulations, if we don’t proceed with this,
we’re going to have to (inaudible) this area because it will have to be fenced off and unusable by
the public due to the nature of the contamination until it’s resolved.
Mr. Mayor: Thank you, Mr. Cheek. Commissioners will now vote by the usual sign.
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Mr. Williams votes No.
Mr. Holland and Mr. Harper abstain.
Ms. Beard and Mr. Hatney out.
Motion fails 5-1-2.
Mr. Mayor: With no further action to come before the body, we stand adjourned.
[MEETING ADJOURNED]
Lena Bonner
Clerk of Commission
CERTIFICATION
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
February 20, 2007.
______________________
Clerk of Commission
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