HomeMy WebLinkAboutCommission Meeting March 20, 2007
REGULAR MEETING COMMISSION CHAMBER
MARCH 20, 2007
Augusta Richmond County commission convened at 2:15 p.m., March 20, 2007, the
Honorable Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Holland, Smith, Grantham, Harper, Beard, Williams, Bowles and
Brigham, members of Augusta Richmond County Commission.
ABSENT: Hons. Cheek and Hatney, members of Augusta Richmond County
Commission.
The invocation was given by the Reverend Robert D. Fain, Church of the Good Shepard.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Reverend Fain, if you could come forward. We have a little something for
you. We’d like to present this to you recognizing you as our Chaplain of the Day and we thank
you so much for those words of encouragement. Thank you so much.
(APPLAUSE) Okay, Madame Clerk before we get into our regular agenda and the presentations
I’d like to recognize Commissioner Grantham for a point of privilege.
Mr. Grantham: Thank you, Mr. Mayor. To bring our audience and those people who are
here from Hyde Park today, in our meeting yesterday we discussed the issues of Hyde Park in
regards to what the conclusion may be and what the resolve can be for our community and our
neighbors. It was my recommendation yesterday that I would seek some form of tax freeze for
that particular area at the present time until it can be determined that the Environmental
Protection Department of the State of Georgia and the EPA has made a decision as to what the
value of that property can be determined to be for the future. It’s my understanding, and I don’t
have the records in front of me, but that there have been increases as well as decreases in taxes in
that area and I think until we can make that determination, I’m going to ask our tax assessors
office to look into this matter for us and to let me know as soon as they possibly can so these
people will not be endangered as far as the tax increase when there is danger within their
contamination area, or if they’re going to have a decrease when that is in effect. So I wanted the
Hyde Park people to know that that will be taken care of and that will be forthcoming. It will
take a little bit of time and I hope to have that information back before our next commission
meeting.
Ms. Speaker: (INAUDIBLE)
Mr. Grantham: You may recognize the chair.
Mr. Mayor: Yes, ma’am.
Ms. Speaker: (INAUDIBLE)
1
Mr. Mayor: Yes, ma’am, and if you could state your name and address for the record.
Ms. Jordan: Eunice Jordan, Hyde Park Task Force. I will be leaving with you um, a
message from Melissa Checker who did Polluted Promises in Hyde Park and I will be leaving
th
you some information that she sent you. And our meeting of January the 24, and our minutes
th
of January the 30, we considered your consideration and uh, there are certain things that we
need, that you need to um, talk with the representative about, because there’s certain questions
we want to make sure that are answered. One being, if this takes place will the people still
receive the services and remember we talked about putting things in writing yesterday, and we
need to do those things. And the last thing is, I know yesterday and I know a lot of you were not
here but I wanted the ones here to hear this. Mark Smith mentioned a little contamination.
Considering a little contamination in the area is like considering being a little pregnant. You’re
either pregnant or you’re not pregnant. So it’s contaminated. I just wanted you to remember that
in considering that. But thank you so much.
Mr. Mayor: Okay, thank you, ma’am.
Mr. Grantham: Thank you, Mr. Mayor.
Mr. Mayor: Yes, sir.
Mr. Williams: Mr. Mayor?
Mr. Mayor: Commissioner Williams.
Mr. Williams: Before they leave, may I have your attention? There’s another part to
this, Mr. Mayor, and I want to make sure that it’s either included or not included. Aragon Park,
which is affiliated with Hyde Park, now is that going to fit in, and we need to say that so both
areas would know uh, where they stand and versus not standing and, and so that’s going to be
considered as Aragon and Hyde Park, that need to be stated. So, you know that everybody
knows I ---
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Okay, and that’s very true, Commissioner Williams, and thank you but
Aragon Park is included in the communication of Hyde Park even with EPD, Mark Smith. He
alluded to that at his meeting before and Aragon Park will be a testing area as well as a tax
investigation area.
Mr. Mayor: Okay. Thank you Commissioner Grantham. All righty, Madame Clerk, we
will move on the presentations.
The Clerk:
PRESENTATION(S)
A. Skills-USA Organization of T.W. Josey High School to Mayor Deke Copenhaver.
2
Mr. Speaker: Good afternoon. Mayor of Augusta. City councilmen, Mr. Miley and Mr.
Davis. On behalf of Skills-USA we would like to present to you our Honor of Presentation.
Ms. Speaker: T.W. Josey High School Skills-USA Technology Career Corp. honors a
man of peace, prestige and power who has possessed excellence in leadership in the area of
education and community involvement. We proclaim March as Honor or Mayor month.
(APPLAUSE) And the certificate of honor reads: When we’re old or maybe gone away and all
great things have been accomplished it won’t matter what type of car we drove, the amount of
money we possessed, neither the office we’ve held. But what will really matter will be, what did
we do in the life of a child. (APPLAUSE).
Ms. Speaker: Mayor Copenhaver, consider this your invitation to our State Leadership
and Skills Conference. The hotel stay and conference is complimentary of T.W. Josey High
School and Regency High School. We have paid the cost of $175.00 for you to attend the
thth
Atlanta Marriott hotel in Gwinnett County April 26 through April 28. (APPLAUSE)
Mr. Speaker: We would also like to present to you a teddy bear and water and we would
like to thank you because you are a champion too. You made the difference. (APPLAUSE)
Mr. Speaker: Thank ya’ll. (APPLAUSE)
Mr. Speaker: On behalf of T.W. Josey we would like for you (INAUDIBLE)
(APPLAUSE)
Mr. Mayor: I just want to say one thing. You know, we are blessed with some of the
finest youth in the nation and in this community. These are some of our best and brightest and I
cannot tell ya’ll what this means to me. So thank ya’ll so much but thank ya’ll for doing
everything you do for this community. It is greatly appreciated by me and everybody else in this
room. So thank ya’ll. (APPLAUSE) I might ought to turn it over to Ms. Beard now because I
know that’s the high point of the meeting to me. Good Gosh. Um, if we’ll move on to
recognitions now, Madame Clerk?
The Clerk:
RECOGNITION(S)
RETIREMENTS
B. Ms. Constance Herndon, Public Services Department, Trees and Landscaping
Maintenance Division with twenty-three years of service. Mr. Paul Anderson, Public
Services Department with eleven years of services.
Mr. Mayor: You ready? Okay. Office of the Mayor, Certificate of Retirement given to
Constance Herndon, maintenance worker for twenty-three years of dedication, loyalty and
service to the City of Augusta and the Augusta-Richmond County Trees and Landscaping
Department. Congratulations to you on this milestone achievement of retirement. We extend to
3
you our deepest appreciation for your devoted service and best wishes for an enjoyable
th
retirement. Given unto my hand this 20 of March 2007. Congratulations and thank you so
much. (APPLAUSE) All righty, Madame Clerk, on to the delegations.
The Clerk:
DELEGATIONS
C. Reverend Clarence Grier, President of Augusta Ministers Conference. RE: Inequity in
city government.
Mr. Mayor: And, Reverend Grier, if you could keep it to five minutes please sir?
Rev. Grier: We’ll try. It’s hard for a Baptist Minister but we’ll try.
Mr. Mayor: I got a hold of the president of the Medical College and everybody else on
the same page.
Rev. Grier: Members of the Commission, to our Mayor to all of those present. Once
again the old ugly face of racism has popped up in our community. We had an investigation that
lasted almost a year and we found many inequities in the investigation. The person was slapped
on the wrist with a ten-day suspension without pay, which doesn’t mean very much to him. But
when we can terminate a person with a perfect record, come out into this chamber and degrade
that young lady out here like you did the other year. Would you treat Mr. Beck like he’s the best
thing that ever happened to Augusta? If Mr. Beck had been a black man he would’ve been gone
a long time ago. We are sick and tired in the black community of how you treat us. We pay
taxes, we do everything in this community that everybody else does. But we’re not treated
fairly. And for you to sit here as leaders of this city and treat our people the way you do, there is
a higher authority you have to answer to. One day all of you hopefully, I know you will, sit at
the seat of Jesus and be judged. But I know for a fact that the Mayor told somebody that nothing
would happen to Mr. Beck as long as they don’t stick to the two-minute rule. Now, Mr. Mayor,
you were in our meeting last week and you told us something would happen that was severe to
Mr. Beck. Now how can a ten-day suspension be severe for all that he’s done. He’s broken
every rule in your manual, not ours but your manual but yet you have not done anything to
satisfy this community. You allowed him to be in closed doors with Mr. Russell but you brought
Ms. Smith out here in front of the public just before Christmas with her children present and
fired her. Now you can sit here with your nonchalant faces but it’s going to happen. The day is
coming when all of you will have to answer and it won’t be on the other side, it’s going to be on
this side. Vengeance is mine says the Lord. Don’t worry about it. I’ll pay you. And all of you
are gonna get paid. And the thing about it you’ll be paid whether it’s just and the sad part about
it Augusta will never be the city that is capable of being as long as the playing field is not level.
You take and do what you please. This is just a front, this meeting, every two weeks. Decisions
are made behind closed doors as a country club, as a pinnacle club and other places. I don’t see
how you people can say you’re children of God and do the things that you do. You’d better wake
up. Look at Hyde Park. If that situation had been up in West Augusta something would’ve been
done years ago. And all of you should be made to go out and live in Hyde Park for six months to
endure what those people have to endure. It started out the whole area was contaminated. Then
4
there were six spots, now there’s only four spots. I guess next week it’ll be two and the
following week none. Would you want to live in those conditions? No, you wouldn’t. It’s
amazing how cleanup can start after a commission meeting. But that little cleanup won’t do
anything. This stuff is buried in the soil and many cases of leukemia and cancer have been
documented out there in that community. And on the state level, the man come in here says, you
know it’s not that much contamination.
Mr. Mayor: Okay, Reverend Grier, I do have to keep everybody to five minutes. It states
in the agenda book that delegations will be given five minutes. So we have some other
delegations to come after you and they’ll receive the same amount of time.
Rev. Grier: I thank you.
Mr. Mayor: Yes, sir.
Rev. Grier: But as the elations say be not deceived God is not mocked. What so ever a
man soweth that shall they also reap. (APPLAUSE)
Mr. Mayor: Ya’ll, could you hold your applause until the end please. Madame Clerk, the
next delegation.
Mr. Bowles: Mr. Mayor, I’d like to add a response to –--
Mr. Mayor: Mr. Bowles.
Mr. Bowles: --- something. There was biracial support to terminate Mr. Beck. We
didn’t have the votes. There was biracial support to allow the Administrator to admonish the
punishment so the punishment to Mr. Beck was not a racial issue. And to call it that is just to
create a stir amongst our community that is completely unnecessary in my opinion. Thank you.
Mr. Mayor: Thank you, Mr. Bowles. Next delegation, please, ma’am.
The Clerk:
DELEGATIONS
D. South Augusta Pastors Alliance. RE: Prayer Service for Mayor and Commission on
Thursday, March 22, 2007 noon, Ascension Lutheran Church.
Mr. Mayor: Yes, sir, if you could keep it to five minutes as well.
Mr. Speaker: I’m Pastor Mike Fried. I’m representing the South Augusta Pastors
Alliance and I’m Pastor of Ascension Lutheran Church on Wells Drive in South Augusta. For
the past three years we have invited the Mayor and commissioners to Ascension around noon for
a special prayer for each commissioner and the Mayor, not bringing up city issues but praying
for the individual. Then afterwards we’ll get together and we’ll just have a sandwich and kind of
have some down time. I wanted to hand an invitation to you. It would be for this Thursday at
5
twelve noon, Ascension Lutheran Church, Wells Drive and every, you’re all invited. The other
rd
thing that I’d like to bring up is that the National Day of Prayer is on May the 3 and at Sacred
Heart there will be um, a day, an evening of prayer beginning at 7 p.m. and it’s sponsored by
South Augusta Pastors and we’d like to have everyone to turn out to Sacred Heart and lift up our
city and our area in prayer and also beyond that, the nation that we’re blessed to live in and raise
issues that one would expect to pray for regarding this particular day. So everyone is invited to
that and I’d like to hand these out to you if I may approach.
Mr. Mayor: Please do.
Rev. Fired: Thank you.
Mr. Mayor: Thank you so much for the presentation, for the invitations.
Rev. Fried: Thank you all.
Mr. Mayor: Yes sir. Next delegation, Madame Clerk.
The Clerk:
DELEGATIONS
E. Mr. George Mitchell. RE: South Augusta Housing Project. (Requested by
Commissioner Calvin Holland.
Mr. Mayor: And if you could keep it to five minutes as well, sir.
Mr. Sias: No problem, Mr. Mayor. Good afternoon, Mr. Mayor, commissioners. My
name is Sammy Sias. I live at 3839 Crest Drive in the Sandridge Subdivision. I speak to you
today as the president of the Richmond County Neighborhood Association Alliance, Inc.
Richmond County Neighborhood Association Alliance is comprised of fourteen neighborhood
associations throughout Richmond County. These neighborhood associations represent over
3100 households and approximately 11,000 citizens. And commissioners, Mayor and
commissioners, when we have issues, that is how we organize to bring these issues before you
and Mr. Mayor and commissioners I’ve addressed this body on many occasions. And each time
is not an occasion that I relish in but this we have to bring to your attention. These associations
are local citizens who have committed themselves to a decent quality way of life anchored by the
quality of their neighborhoods. To protect that decent quality we formed Neighborhood
Association and Alliance. Through these associations we communicate with our local elected
and appointed officials, our state elected and appointed officials, local department heads and
local law enforcement agencies. We do this for one simple reason. We must protect our
neighborhoods, the value of our properties and our family members and our children. We fight
criminal thugs, we fight gangs, we fight improperly and unlawful neighborhood businesses, we
fight the proliferation of litter, we fight for decent roads and proper utility services. Mr. Mayor
and commissioners, those things have always been our fight in South Augusta. But now, it done
feels as we seeing new more sinister elements, our own government. A government that is
sworn by oath to protect us, to defend us, and most of all ensure our way of life. The project that
6
Augusta Housing Authority is attempting to shove down our throats violate every conceivable
form of decency that exists in our free society as this country’s supposed to be. This project does
not fit the demographics of the area. This area’s comprised of homeowners with average home
investments of $200,000 dollars when you consider the time and additional improvements many
have done to their homes. If someone can show me a high-rise building of three or more stories
on Deans Bridge Road I would very much appreciate it. Did any official from the Housing
Authority conduct any type of public forum concerning this issue? The Mayor conducts forums,
the commissioners conduct forums; the Department of Transportation conducts public forums
and your legislative delegation as well. So I ask everyone or anyone why no forums are on this
issue. Were we expected to be sleeping at the switch or did the Housing Authority and its
project developers assume that anything goes in South Augusta. Do they believe that we don’t
care? I believe according to the Housing Director, he informed all of us of it with RFP’s in the
newspapers. So to be informed by these types of projects that would wreck our way of life, kill
our property values, we must become general contractors, formerly classified looking for RFP’s.
I don’t think so, Mr. Mayor and commissioners. Simply put, we do not want this type of project
in our neighborhoods in South Augusta. Had someone had the decency to come out and talk to
the residents, get their support by sharing truthful and relevant information the reception might
be different. The only two factors that we know is now is that we don’t trust it. We don’t trust
the Housing Authority, we don’t trust the developers and we don’t trust any elected official
willing to support a life-altering project without informing the citizens most affected by that
action. This is wrong, wrong, wrong. This project must go back to the drawing board and begun
again. A true and honest appraisal of the entire city must be done as to where this project is best
suited and best accepted. One of the questions that concerns us of this type of project, who is
governing or controlling it at the end when the developers have built and departed? Mr. Mayor,
commissioners, I thank you listening to me. The Richmond County Neighborhood Alliance is
our agency that we bring forward to get your attention concerning these types of issues. Thank
you. (APPLAUSE)
Mr. Mayor: Okay. Please hold your applause. Thank you, sir, for making your voice
heard on that issue and next delegation, Madame Clerk.
The Clerk:
DELEGATIONS
F. Ms. Shirley Darby. RE: South Augusta Public Housing Project. (Requested by
Commissioner Calvin Holland)
Mr. Mayor: And, Ms. Darby, I’ve said the five-minute thing enough so ---
Ms. Speaker: I’m not Shirley Darby but I am representing this. Thank you Mr. Mayor.
Mr. Mayor: State you name and address.
Ms. Jones: Thank you, Mr. Mayor. My name is Dorothy Jones and I come to you today
to voice my opposition for the proposed housing project located off of Deans Bridge Road. I
have many reasons for my opposition but I want to articulate one major reason I oppose the
7
relocation. Let me make it clear. I nor the persons seated here today believe we are better than
any other citizen in this community. Our meeting last week, Mr. Oglesby informed us that
working class people would inhabit the apartments. He scolded us for not to be afraid of
working class persons, well, we are not afraid of working class people or any class people we are
all working class people. This is not a class warfare. At least we are not engaged in class
warfare. But make no mistake, there is a class warfare going on here. As working class persons
we were never informed of this project. We were never brought into the loop. Mr. Mayor, don’t
insult us by saying that you or commissioners talked about this issue behind closed doors. This
decision affected the very heart of our lives, affects the very hears of our lives yet we are not
brought into the decision making process. I say to you, Mr. Mayor and other commissioners,
that you did not ask for our vote behind closed doors, you visited our churches, ate our food,
wake us up on Sunday morning, all attempt to get our vote. Yet when you make potential life
changing decisions that is done behind closed doors you did the exact same thing with the
citizens off Walton Way not to long ago. In Augusta whenever developers come within an ideal
they win out. We dictate everything average citizens get no rights. That is why I say this is class
warfare. It is the developers against us and quite honestly you as Mayor and anyone who goes
with this decision are showing exactly, showing exactly how they view the average citizen. We
are not opposed to progress nor do we think we can micromanage government. We elected you
to run the government. I guarantee you, Mr. Mayor, that you know and MCG knows everything
that will happen near their property. I guarantee you that major business owners know who’s
buying property next to them. You, the Chamber of Commerce or this commission will never
allow someone to move anything close to the hotels downtown or the banks downtown unless all
of you had input into the decision. In fact, Mr. Mayor, you, the Chamber and the commissioners
would pat each other on the back and talk about what a great team you all are. Yet we have not
been given an opportunity to work with anyone. Yes, Mr. Mayor, we are patting each other on
the backs to dislodge this project you have attempted to shove down our throats. So yes I’m
opposed to this project, I along with others represent the fact that we are not consulted or talked
to. Please don’t suggest we talk now that we will not work. It is too late. The development
company, you and the housing authority need to start over. You guys need to treat us the way
you would treat the Augusta National, a bank or a downtown hotel owner. What I find
interesting is that most folks in the banks, off the golf course or owing the hotels don’t live in
Richmond County and cannot even vote for you yet they get treated like full citizens. Those of
us that can vote for you yet treated like outcasts or children well, this group will not allow that.
So we will not support the project. You need to start over and if you don’t do that then in three
years for you please don’t bother to knock on our doors. Thank you. (APPLAUSE)
Mr. Mayor: Thank you, ma’am, and you all please hold it down? Ma’am I do, if ya’ll
could please hold it down, I do want to clarify something. The Housing Authority’s autonomous
from the commission. This is a Housing Authority project. This is not something that the
commission is in any way jamming down your throat. It’s two separate organizations. So I did
want to clarify that but I do appreciate you making your voice heard today.
Mr. Holland: Mr. Mayor?
Mr. Mayor: Commissioner Holland.
8
Mr. Holland: Thank you, Mr. Mayor. However I do feel that it is the responsibility of
the citizens to let us, as elected officials know what their feelings are. And when these kinds of
items come before us and are on our agenda this information needs to be looked at and thought
about very, very clearly. So we are, that information has been shared with us so when this
information comes before us we can think about it, we can look at it and realize and understand
that this community is very much concerned about where they’re living and about the things that
they want in their community. At this time I would also like to ask these people from the South
Augusta area that are here to support each other to please stand and let us know who you are.
Please stand. Do we have any sitting on the outside? Do we have some standing on the outside?
Please ask them to step inside please? Where the TV cameras? Where’s Channel 6 and where’s
Channel 12? I’m not trying to be facetious or anything but I just want to make sure that these
people from the South Augusta area, they are here simply because they understand and know that
something is trying to be proposed and something is trying to happen in this area and we’re not
going to let it happen until we sit down to the table and discuss it and get a clear understanding
because nobody wants anything in their neighborhood you know, that you wouldn’t want, we
don’t want anything in our neighborhood that you wouldn’t want in your neighborhood. And
we’re going to work together for this, I was elected I brought this before, my south Augusta
district, I’m going to continue to work with them and support every effort of whatever it is that
we’re trying to do in reference to this particular project. And I urge my colleagues to work with
me on this particular issue and let us support these people who pay taxes ---
Mr. Mayor: Okay.
Mr. Holland: --- and vote every day. Thank you so very much.
Mr. Mayor: And I just say ya’ll, thank you, I applaud ya’ll for coming out and taking
part in the government. I wish that we could, I think one of the biggest issues we face is apathy
and we do need to hear from the people so thank ya’ll for being here today. Madame Clerk, if
we could go on to the consent agenda.
The Clerk: Okay, Mr. Mayor. Ready?
Mr. Mayor: Madame Clerk, ready as I’ll ever be.
The Clerk: I call your attention to our consent agenda, which consists of items 1-44, our
consent agenda which consists of items 1-44. For the benefit of any objectors to our planning
petitions I will read those petitions. If there are any objectors, would you please signify your
objection by raising your hand.
Item 1. Is a petition for a change of zoning from a Zone B-1 (Neighborhood Business) to
a Zone B-2 (General Business) affecting property located at 2250 Wheeless Road.
Item 2. A petition for a change of zoning from a Zone A (Agriculture) and a Zone R-1
(One-family Residential) to a Zone R-1B (One-family Residential) affecting property located at
525 Telfair Street.
Item 4. A petition for a special exception affecting property located at 1130 and 1132
Roselle Street.
9
Item 5. Is a petition for a special exception affecting property located at Henderson Road
and Hephzibah McBean Road.
Item 6. A petition for a special exception to establish a Family Personal Care Home
affecting property located at 2565 Wheeless Road.
Item 7. A special exception petition to establish a Family Personal Care Home affecting
property located at 2349 Travis Road.
Item 8. A petition for a change of zoning from a Zone B-1 (Neighborhood Business) to a
Zone B-2 (General Business) located 3131 Washington Road.
Item 9. Is for a change of zoning from a Zone R-1A (One-family Residential) to a Zone
B-1 (Neighborhood Business) affecting property located at 3325 Milledgeville Road.
Item 10. A change of zoning request a Zone A (Agriculture) to a Zone LI (Light Industry)
affecting property located at 2716 Mike Padgett Highway with conditions.
The Clerk: Are there any objections to those planning petitions?
Mr. Shepard: None noted.
The Clerk: Under our Public Services portion of the agenda for the alcohol petitions. If
there are any objectors to those alcohol petitions would you please signify you objections by
raising your hand.
Item 12. Is for an on premise consumption Beer & Wine license to used in connection
with 1702 Jenkins Street.
Item 13. Is for a Special Events License associated with business located at the Comfort
Inn located at 1455 Walton Way.
Item 14. A Special Events License, Beer & Wine in connection with property located at
629 Frontage Road.
Item 15. A Special Events License associated with property located at 3035 Washington
Road.
Item 16. For Sunday Sales license to be used in connection with property located at 211
Tenth Street.
Item 17. For an on premise consumption Liquor, Beer & Wine license to be used in
connection with The Jazz located at 730 Broad Street.
The Clerk: Are there any objectors to those alcohol petitions?
Mr. Shepherd: None noted, Madame Clerk.
The Clerk: Thank you.
Mr. Mayor: Okay.
The Clerk: Our consent agenda items 1-44.
Mr. Mayor: Okay, do we have items to be pulled for discussion?
10
Mr. Grantham: Mr. Mayor?
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Mr. Mayor, due to the fact that Commissioner Cheek is not here today
and I think that some of these items that he had put on the agenda, he would really like to discuss
and I think that’s a great importance that we should all hear some of his comments. So I would
recommend that item 50, 54, 55 and 56 be deleted from our agenda today and added to our next
commission agenda.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Yes, sir, Mr. Mayor, I got a couple of items I need to get pulled. Item
number 10, number 18, 25 and 26.
Mr. Mayor: Okay, are there any further items to be pulled for discussion?
Mr. Grantham: Item 37.
Mr. Mayor: Commissioner Grantham, 37? Okay, any further items to be pulled for
discussion?
Mr. Bowles: I’d like to pull item number 22, Mr. Mayor.
Mr. Mayor: Commissioner Bowles.
Mr. Bowles: Number 22, please.
Mr. Mayor: Any further items to be pulled for discussion? Okay, are there any items to
be added to the consent agenda?
Mr. Russell: Mr. Mayor?
Mr. Mayor: Mr. Russell.
The Clerk: Item 12, Mr. Mayor, the License and Inspections Department is asking that
this item be deleted and deferred to our next meeting. The applicant is out of the country. He’s
not here today.
Mr. Mayor: Okay. Hope they’re having a nicer vacation someplace. Any further items
to be added to the consent agenda?
Mr. Brigham: Mr. Mayor?
Mr. Mayor: Commissioner Brigham.
11
Mr. Brigham: Can we add item number, I saw it just a second ago, 49 to the consent?
Mr. Grantham: May I add 46?
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: 46.
Mr. Williams: I need some discussion on 46 uh, I’m in support of that but I need to ---
Mr. Mayor: Okay.
Mr. Williams: 46 you wanted to add. And we can take it up now Mr. Mayor if you want
to.
Mr. Mayor: Okay.
Mr. Williams: It doesn’t matter.
Mr. Mayor: Okay. Prior to, ya’ll want to go ahead and take up 46. Commissioner
Williams.
PUBLIC SERVICES
46. Motion to approve a partnership agreement with CSRA Economic Opportunity
Authority, Inc. for use of a portion of Doughty Park Recreation Center as a Neighborhood
Service Center.
Mr. Williams: Yes, sir, Mr. Mayor. We had a meeting with the neighborhood out there
along with the CSRA Economic Opportunity Authority and it was a very good meeting. And uh,
in the meeting the neighborhood was not opposed at all. I think it’s going to be a perfect match,
it’s going to be a good fit but the unit’s going to be paying the utility bills and uh, that money
that the recreation department won’t have to be paying that area is in dire need of some, some
beautification. I’m going to either put in a motion or make a stipulation that the recreation would
take that money and use it to beautify that area around there since they’re not going to be paying
that bill, the agency’s going to be paying the utility bills there but that money could be help, very
helpful in, in beautifying that area down there. So I’d like to have that done, that’s the only
problem I’ve got. The agency don’t need to say anything, everything is fine as far as they’re
concerned but the recreation need to be directed to do that.
Mr. Mayor: Okay. Mr. Howard.
Mr. Howard: Just want to add what Commissioner Williams had stated. We had a
meeting on Thursday night and most of the discussion was on the floor there and they
neighborhood accepted our proposal with open arms and if the commission direct us to
reprogram that money back into that neighborhood we would do so.
12
Mr. Mayor: Okay. So we’re good on it being added to consent with that stipulation.
Commissioner Grantham.
Mr. Grantham: Mr. Mayor, just to follow up on that. The discussion was made and
certainly there was some consideration about the move last week that they may have felt like
they were leaving the neighborhood but that’s certainly not the case. This is where they are
actually extending the service throughout that neighborhood. People come from all over that
area for the services that these people provide. So we want to make that clear for them.
Mr. Mayor: Okay. Commissioner Beard.
Ms. Beard: Mr. Mayor, I’m going to continue to say that with all that’s going on in Hyde
Park I don’t think this move is a good time, a good thing at this time. Now, we have said we’re
going to clean it up. I have talked with the people who run uh, the project and they’re saying the
problem is the building out in Hyde Park and that if the city um, improved the building they
would be willing to stay. Well, are we or aren’t we looking at improving that area. And I must
also say I spoke with those people who live around that building, and they say that they have not
been consulted in reference to this. I simply think it’s a low blow at this time to make this move.
Mr. Mayor: Okay. If there are no further items to be pulled or added to the consent
agenda ---
Mr. Brigham: I want to pull, I want to pull 37.
Mr. Mayor: Okay. I think that 37 had already been pulled. Had it not?
Mr. Brigham: I didn’t mark it. I’m sorry.
Mr. Mayor: Okay.
Mr. Bowles: I’d like to pull 49, please, for discussion.
The Clerk: Mr. Mayor?
Mr. Mayor: Madame Clerk.
The Clerk: Item 23. Just for the record we need to note that property at 1302 Druid Park
Avenue, the demolition costs would be taken on by the property owner so we would like to
delete that structure from the ordinance in accordance with the request from License and
Inspection.
Mr. Mayor: Okay. Okay, if we have no further items to be pulled for discussion or
added to the consent agenda I would look for a motion to approve.
Ms. Beard: So moved.
13
Mr. Grantham: Second.
CONSENT AGENDA
PLANNING
1. Z-07-31-A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Neil Farfour, on behalf of Charles B. Black,
requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2
(General Business) affecting property containing .46 acres and known under the present
numbering system as 2250 Wheeless Road. (Tax Map 070-1 Parcel 082) DISTRICT 5
2. Z-07-32-A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Southern Specialty Development Corp. et al
requesting a change of zoning from Zone A (Agriculture) and Zone R-1 (One-family
Residential) to Zone R-1B (One-family Residential) affecting property generally located off
the north right-of-way line of Willis Foreman Road and is part of Walton Hills and Walton
Acres Subdivisions and contains approximately 475 acres. (Multiple tax parcels, a complete
list is available in the Planning Commission office at 525 Telfair Street, Augusta, Georgia)
DISTRICT 4
3. FINAL PLAT - Wheeler Lake TOWNHOMES, PH. IV-S-726-A request for
concurrence with the Augusta-Richmond County Planning Commission to APPROVE a
petition by Southern Partners Inc., on behalf of ATC Development Co., requesting final
plat approval for Wheeler Lake Townhomes, Phase 4. This residential townhome
subdivision is located on Wheeler Lake Road, adjacent to Wheeler Lake Townhomes,
Phase 3.
4. Z-07-23-A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Reverend Daniel Gant, on behalf of Mason Chapel
Church of God in Christ, requesting a Special Exception to expand an existing church per
Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County
affecting property containing .22 acres and is known under the present numbering system
as 1130 and 1132 Roselle Street. (Tax Map 059-3 Parcels 239 & 240) DISTRICT 2.
5. Z-07-24-A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE for equine pursuits only; a petition by Mignon Henry, on behalf
of Loren Perry, requesting a Special Exception to establish a privately owned recreation
facility per Section 26-1 (i) of the Comprehensive Zoning Ordinance for Augusta-
Richmond County affecting property consisting of two tracts: Tract A is located on the
north right-of-way line of Hephzibah McBean Road, 2,300 feet, more or less, west of Peach
Orchard Road containing approximately 293 acres and known under the present
numbering system as 1809 Hephzibah McBean Road and Tract B located at the southeast
and southwest corner of the intersection of Henderson Road and Hephzibah McBean Road
containing approximately 290 acres. (Tax Map 316 Parcels 011-02, 011-04, 011-03 and Tax
Map 317 Parcels 002-01 and 003-01) DISTRICT 8.
6. Z-07-25-A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by Cindy Denise Carter, on behalf of Edith D. Carter,
requesting a Special Exception to establish a Family Personal Care Home per Section 26-1
(h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting
property containing .27 acres and known under the present numbering system as 2565
Wheeless Road (Tax Map 097-1 Parcel 176) DISTRICT 6.
14
7. Z-07-26-A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE with the condition that a sprinkler system that conforms to the
Augusta Fire Department standards be installed before the facility opens; a petition by
Jeffrey Plair requesting a Special Exception to establish a Family Personal Care Home per
Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County
affecting property containing .69 acres and is known under the present numbering system
as 2349 Travis Road. (Tax Map 154 Parcel 009-03) DISTRICT 6.
8. Z-07-28-A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by George N. Snelling on behalf of W.R. Partners
LLC, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2
(General Business) affecting property containing .58 acres and is known under the present
numbering system as 3131 Washington Road. (Tax Map 011 Parcel 025-01) DISTRICT 7.
9. Z-07-29-A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE a petition by James Findlay on behalf of Freddie C. Todd,
requesting a change of zoning from Zone R-1A (One-family Residential) to Zone B-1
(Neighborhood Business) affecting property containing .53 acres and is known under the
present numbering system as 3325 Milledgeville Road. (Tax Map 069 Parcel 011)
DISTRICT 5.
PUBLIC SERVICES
11. Motion to approve a land swap and facility replacement agreement, pending final
closing documents, with Richmond County Board of Education at Hephzibah Park related
to improvements at Hephzibah High School. (Approved by Public Services Committee
March 12, 2007)
12. Motion to approve a New Ownership Application A. N. 07-10: request by Sachin
Shourie for an on premise consumption Beer & Wine License to be used in connection with
Aromas Restaurant located at 1702 Jenkins St. District 1. Super District 9. (Approved by
Public Services Committee March 12, 2007)
13. Motion to approve a request by Thomas D. Thompson of Summerville Ace for a
ndth
Special Events License for April 2 thru April 7 2007 (Masters Week) to be used in
connection with the Comfort Inn located at 1455 Walton Way. District 1. Super District 9.
(Approved by Public Services Committee March 12, 2007)
14. Motion to approve a request by Thomas D. Thompson of Summerville Ace for a
ndth
Special Events license Beer & Wine for April 2 thru April 7 2007 to be used in
connection with the Comfort Inn located at 629 Frontage Rd. District 7. Super District 10.
(Approved by Public Services Committee March 12, 2007)
15. Motion to approve a request by Jan Scholer of Wild Wing Café for a Special Event
ndth
License for April 2 thru April 7 2007 Beer & Wine to be used in connection with Wild
Wing Café located at 3035 Washington Rd. District 7. Super District 10. (Approved by
Public Services Committee March 12, 2007)
16. Motion to approve a request by Eric Kinlaw for a Sunday Sales license to be used in
connection with The Bee’s Knees located at 211 Tenth St. There will be Sunday Sales.
District 1. Super District 9. (Approved by Public Services Committee March 12, 2007)
17. Motion to approve New Ownership Application: A.N. 07-11: request by Jerome Lanier
for an on premise consumption Liquor, Beer & Wine license to be used in connection with
15
The Jazz Lounge located at 730 Broad St. There will be Dane. District 1. Super District 9.
(Approved by Public Services Committee March 12, 2007)
19. Motion to approve Reimbursable Agreement between DOT FAA and Augusta
Regional Airport. (Approved by Public Services Committee March 12, 2007)
20. Motion to approve a request by Elizabeth Seyberth for a Therapeutic Massage and
Operators license to be used in connection with Venus Skincare and Massage at Halo’s
located at 1122 Broad St. District 1. Super District 9. (Approved by Public Services
Committee March 12, 2007)
21. Motion to approve the selection of Beam’s Contracting, Inc. for the Runway 17/35
Safety Overrun Improvements Project. (Approved by Public Services Committee March
12, 2007)
ADMINISTRATIVE SERVICES
23. Motion to approve an Ordinance providing for the demolition of certain unsafe
uninhabitable structures in the South Richmond Neighborhood: 1331 Clark Road, (District
8, Super District 10); South Augusta Neighborhood: 1123 Twelfth Avenue, (District 2,
Super District 9); South Augusta Neighborhood: 207 Golden Avenue, (District 5, Super
District 9); Bethlehem Neighborhood: 1122 Wrightsboro Road, (District 2, Super District
9); Central Business District Neighborhood: 509 Watkins Street, (District 1, Super District
9); Old Town Neighborhood: 519 Second Street, (District 1, Super District 9); Laney-
Walker Neighborhood: 1254 Eleventh Street, 1101 Thirteenth Street, (District 1, Super
District 9); Harrisburg Neighborhood: 1924 Greene Street, (District 1, Super District 9);
Uptown Neighborhood: 1302 Druid Park Avenue, (District 1, Super District 9); AND
ND
WAIVE 2 READING. (Approved by Administrative Services Committee March 12,
2007)
24. Motion to approve change in use of CDBG Funds for Dyess Park Improvements.
(Approved by Administrative Services Committee March 12, 2007)
27. Motion to approve retirement of Ms. Constance Herndon under the 1949 Pension Plan.
(Approved by Administrative Services Committee March 12, 2007)
28. Motion to approve the reprogramming of $54,026.55 in Community Development
Block Grant (CDBG) Funds. (Approved by Administrative Services Committee March 12,
2007)
29. Motion to approve the recommendation of the Administrator regarding severance
packages for department heads with an effective date of the Commission approval.
(Approved by Administrative Services Committee March 12, 2007)
PUBLIC SAFETY
30. Motion to approve reimbursement of wireless fees to T-Mobile. (Approved by Public
Safety Committee March 12, 2007)
FINANCE
31. Motion to approve the reimbursement for the past three years of previous years’
homestead exemption taxes for Mr. Robert Fryer on property at 2818 Glenn Hills Circle.
(Approved by Finance Committee March 12, 2007)
16
ENGINEERING SERVICES
32. Motion to approve an Option for Right-of-Way between The Dozier Family Limited
Partnership, as owner, and Augusta, Georgia, as optionee, in connection with the St.
Sebastian Way Project for 0.973 acres (42,386.71 sq. ft.) in fee and 0.176 acre (7,643.42 sq.
ft.) of permanent construction and maintenance easement for the following property
located at 1533 Broad Street, 1553 Broad Street and 0 Broad Street for a purchase price of
$569,747.00. (Approved by Engineering Services Committee March 12, 2007)
33. Motion to approve an Option for Right-of-Way between Electrical Realty and Sales
Company, as owner, and Electrical Equipment Company, as Tenant, and Augusta,
Georgia, as optionee, in connection with the St. Sebastian Way Project, for 0,935 acre
(40,750.00 sq. ft.) in fee for the following property located at 1441 Greene Street for a
purchase price of $1,658,750.00. (Approved by Engineering Services Committee March 12,
2007)
34. Motion to approve an Option for Right-of-Way between The Dozier Family Limited
Partnership, as owner, and Augusta, Georgia, as optionee, in connection with the St.
Sebastian Way project for 0.22 acre (9,567.12 sq. ft.) in fee and 0.047 acre (2,059.92 sq. ft)
of permanent construction and maintenance easement for the following property located at
1557 Broad Street and 1563 Broad Street for a purchase price of $42,872.00. (Approved by
Engineering Services Committee March 12, 2007)
35. Motion to approve award of construction contract in the amount of $793,014.75 to
Blair Construction Co. for the Ft. Gordon 20” Water Main. Bid Item #07-017. (Approved
by Engineering Services Committee March 12, 2007)
36. Motion to approve award of construction contract in the amount of $486,300 to Beam’s
Contracting for the Morgan Road Pump Station Improvements. Bid Item #07-011.
(Approved by Engineering Services Committee March 12, 2007)
38. Motion to approve the revised composition of the Judicial Center Sub-Committee to
include Administrator, Mayor Pro Tem, Bill Kuhlke and Judge Overstreet/Tom Gunnels;
retain the services of Attorney Jim Wall and allow subcommittee to negotiate with the
current architectural firm Turner and Associates for a revised cost estimate after which an
authorization will be developed to continue work with them based upon the committee’s
approval. (Approved by Engineering Services Committee March 12, 2007)
39. Motion to accept and approve an Easement Deed from the General Aviation
Commission and Daniel Field Airport and approve payment of $29,165.00 for same.
(Approved by Engineering Services Committee March 12, 2007)
40. Motion to approve and accept an Indemnification and Encroachment Agreement of
1953 Woodchuck Way. (Approved by Engineering Services Committee March 12, 2007)
41. Motion to approve payment of $1,013,776.00 to Silver Sheet Metal, Inc. for relocation
expenses for moving building, sign and for damages to trade fixtures located at 1553 Broad
Street due to the acquisition of 1553 Broad Street for the St. Sebastian project acquired in
connection with the St. Sebastian project. (Approved by Engineering Services Committee
March 12, 2007)
42. Motion to approve payment of $29,886.00 for tenant’s (David Craven) removal and re-
erection of signs ($18,786.00) and shrubs and trees ($11,100.00) at the intersection of
Washington Road and Boy Scout Road and at the rear entrance to property due to
property acquired in connection with the Washington Road Intersection Improvements
17
Project from Owner, William R. Coleman, Jr. (Approved by Engineering Services
Committee March 12, 2007)
PETITIONS AND COMMUNICATIONS
43. Motion to approve the minutes of the regular meeting of the Augusta Commission held
March 6, 2007 and Special Called meeting held March 12, 2007.
APPOINTMENT(S)
44.Motion to approve the appointment of William Gilyard, III to the ARC
Personnel Board representing District 6.
Mr. Mayor: We have a motion and a second. If there’s no further discussion commissioners
will now vote by the usual sign.
Mr. Hatney and Cheek out.
Motion carries 8-0. [Items 1-9, 11-17, 19-21, 23-24, 27-36, 38-44].
Mr. Mayor: I think everybody’s a little slow today. The pollen must be getting to
everybody. I know it’s getting me, too. Madame Clerk, let’s go to the items first that had pulled
for discussion.
The Clerk:
PLANNING
10. Z-07-30-A request for concurrence with the Augusta-Richmond County Planning
Commission to APPROVE with the following conditions 1) that there be no vehicle storage
in the front yard, 2) only customer parking shall be allowed in the front yard, 3) all existing
cars will be moved within 90 days of approval of this petition; a petition by William
McDonald requesting a change of zoning from Zone A (Agriculture) to Zone LI (Light
Industry) affecting property containing .40 acres and is known under the present
numbering system as 2716 Mike Padgett Highway. (Tax map 111 Parcel 008) DISTRICT 2
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. George, I need to know what type of business is
this that being proposed here?
Mr. Patty: This is a car repair. The gentleman’s here. Is it paint and body or just repair?
It’s just auto repair surrounded by similar uses and similar zones. It’s zoned agriculture for some
reason. It just never got a zone. Somehow they got a business license.
Mr. Williams: Well, and I’m in support but I’ve got to remind this body that we do this
quite often and, and for what ever reason the stipulation don’t be heeded to. We end up uh,
anther thing in District 2 George where we, we just and, and I don’t want to kill the project. I’m
not here to defeat the agenda item but I want to make sure that something’s in place that we
maintained as much beautification and, and keep this neighborhood or the conditions as best we
18
can. When you go out Mike Padgett we’ve been having some awful trouble with Rob Sherman
trying to get those two businesses. They got cars on both sides of the street, you just can even
see how to get out into traffic because we allow another one to come in and another one to come
in and another one to come in. So what guarantees George do we have beside the stipulations
written here that there’s going to heeded to? Do Rob need to answer that?
Mr. Patty: I can answer it. We, any time we do conditional zoning we put a deed
restriction on the property before the zoning’s completed and they can get a business license.
They’ve got to file a deed restriction with the Clerk of Court that stipulate, that follows these
stipulations. So, that will be on record, it’s enforceable. In this particular case this gentleman’s
got a, the front of this, it’s a house. It’s an old house. It’s absolutely full of cars from one end to
the other and on the right-of-way and he’s agreed to remove those cars from the front yard, use
the back for the purpose of which he’s using it for so I think this is a you know, I don’t see a
down side to this really, Mr. Williams.
Mr. Williams: Okay, Mr. Mayor, I’m going to make a motion we approve it.
What
bother me when I see that we’d be removing within 90 days, that don’t normally happens. We
forget about it when the time comes.
Mr. Patty: He’s here. I’m going to let him answer that for you.
Mr. Mayor: Sir, if you could state your name and address for the record.
Mr. Speaker: My name is W.D. McDonald and I’ve already removed the cars, sir.
Mr. Williams: Mr. McDonald, I’m not talking about the cars that are there now, Mr.
Mayor, I’m talking about the 90-day period when the cars accumulate to make sure that you
know, that they don’t get uh, a long history of stuff that’s built up. I mean because the 90 days
go by and something else is added there and, I’m not, I know you’re not going to clean out every
90 days. I’m hearing it’s not going to be a long period. So when you take out two and you bring
three more, you take out three and you bring four more, I mean the 90 days is not be any good to
us. I’m just trying to maintain the integrity of District 2 uh, which I represent and, and we got a
lot of these businesses and um, I don’t want you out of business, I want you in. But we got to
put, you’re taking a house, you don’t have a structure.
Mr. Mayor: Okay.
Mr. Williams: Mr. Mayor, I’m trying to clarify ---
Mr. Mayor: I understand we’re sticking to the time limit.
Mr. Williams: Ain’t no time limits Mr. Mayor when you trying to get a customer, when
you’re trying to get a tax payer---
Mr. Mayor: Mr. Williams, it states in the guidelines and the rules ---
19
Mr. Williams: --- the guidelines and the rules we used to have. He needs to have the
understanding what I’m trying to do here in this government.
Mr. Mayor: Mr. Williams, I’ve recognized you once ---
Mr. Williams: Mr. McDonald, I want you to be able to perform your job and do what ---
Mr. Williams: Commissioner Williams, I’ve recognized you once. I’ll be happy to
recognize you again.
Mr. Williams: --- the 90 days won’t be ran consecutively with other cars. That’s what
we’re trying to do.
Mr. Mayor: Okay. Would you now like to make a motion to approve?
Mr. Williams: Yes, sir. I was trying to do that when you tried to interrupt me.
Mr. Mayor: Okay, we have a motion. Is there a second?
Mr. Smith: Second.
Mr. Mayor: Okay. If there’s no further discussion commissioners will now vote by the
usual sign.
Motion carries 9-0.
Mr. Mayor: Next agenda item, Madame Clerk.
The Clerk:
PUBLIC SERVICES
18. Motion to approve reinstating service back to the Washington Road route with one bus
for the peak hours of service in the morning and afternoon at a cost of $156,000 to be
funded within current Transit Department budget. (Approved by Public Services
Committee March 12, 2007)
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor, thank you, sir, again. I pulled this item because I’m
concerned about the specifying on Washington Road, the overcrowding on the bus line through
Regency Mall and the other bus lines is a very important issue. Not just one route. Now if we
going to fill Washington Road, which goes all the way to Columbia County, I believe is one
thing. But if, what are we going to do or what’s going to be done about the other overcrowding
on this or are we just going to be doing one route and that’s Washington Road. I guess Mr.
Russell can answer that.
20
Mr. Mayor: Mr. Russell.
Mr. Russell: The direction form the committee was to reinstate the bus routes during
peak hours on Washington Road at a cost of approximately $150,000 that would be absorbed
through the current budget at this point in time. There was no other direction from the
committee.
Mr. Williams: And, Mr. Mayor, that’s where my problem comes in at. What about the
other routes that are still over crowded. We cut the buses back and now only that we cut the
buses we cut everything we could cut for out budget crisis. But now here we’re going to
increase one route when there’s several routes and I think Mr. Johnson may be here to address it
or someone from transportation. But somebody’s needs to understand that these people are still
standing up, we still got handicapped people on the bus, we got overcrowding. You can’t call a
bus to come pick up a person that’s been left. By the time that bus gets there, we’re going to
have an addition I think to every route that’s overcrowded ought to be at least looked at for the
peak hours. Not for full term but for the peak hours. That’s morning and afternoon so people
can get to and from work and if there’s no need for those buses we can always take them back
off. I think that every one of those routes that’s on the peak hours that having problems. Mr.
Johnson, Heyward Johnson ought to know what those are. But when you specify Washington
Road, here we are again specifying one side of Augusta versus Augusta. There’s problems and
we need to address all the problems.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Mr. Mayor, I believe transit supplied the figures and the only route that
was consistently Monday through Friday overcrowded, both morning and afternoon was
Washington Road. There were other routes that were overcrowded but of the two week period
that they ran they weren’t overcrowded but one or two days in the two week period. Now I don’t
think we need to, I think we need to address the problem; we don’t have a problem but not fix
the entire system when we don’t have a problem with the entire system. There’s going to be
days on any route that you can one or two days anytime during the month that a route’s going to
be overcrowded. But you have a route that’s overcrowded consistently Monday through Friday,
both morning and afternoon, I think it’s up to this commission to do something about just that
route and not any and all routes.
Mr. Mayor: Would you like to accompany that with a motion to approve?
Mr. Brigham: I’ll so make it a motion to approve.
Mr. Mayor: Is there a second?
Mr. Grantham: Second.
Mr. Mayor: We have a motion and a second. Commissioner Williams.
Mr. Williams: Mr. Johnson, take the mike, please, sir.
21
Mr. Mayor: Mr. Johnson.
Mr. Williams: Mr. Mayor, if you could ask Mr. Johnson about the uh, Regency Mall
route, I’m sorry the Augusta Mall route that goes up and where the people are, are gathering and
being over crowdedness. I’ve got several calls about that just particular one route. Now I talked
to some people about the Washington Road but I got several calls about the uh, Augusta Mall
route. So, Mr. Johnson, can you address that at all? If that’s not a problem you need to tell us
that’s not a problem.
Mr. Mayor: Mr. Johnson.
Mr. Johnson: Yes, sir, um, based on the numbers that I had presented earlier that at
certain times the Washington Road was consistently overcrowded and the Augusta Mall and the
east Augusta route from time to time was overcrowded based on the numbers that we did during
that time frame. So that um, we brought back to where we would put all the buses back on and
that was um, voted down. So that therefore in order alleviate the most serious overcrowding that
was my recommendation was to start with Washington Road but also in my recommendation I
said that I did not, I would like for this not to be the end all but just a starting point that to where
we would continually monitor all of the other routes and as the problem came with overcrowding
on a consistent basis being I would bring back a recommendation that to put service back on any
other route that was consistently overcrowded.
Mr. Williams: Thank you, Mr. Mayor, and thank you, sir. I can agree with that Mr.
Mayor but I don’t want, cause I got several calls about it. I didn’t want this commission to sit
here and think that just one route was overcrowded. Mr. Johnson said more, I think Washington
Road was more than the rest of them but that were over crowded in East Augusta and Augusta
Mall. So I think it needs to be brought back as soon as it’s available, Heyward.
Mr. Mayor: Okay. We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign.
Ms. Beard abstains.
Motion carries 7-1.
Mr. Mayor: Next agenda item, Madame Clerk.
The Clerk:
ADMINISTRATIVE SERVICES
22. Motion to approve Amendment to Agreement with Light of the World Neighborhood
and Economic Development, Inc. and request that the Board of Education partner with the
city to share in the cost of providing the service. (Approved by Administrative Services
Committee March 12, 2007)
Mr. Mayor: Commissioner Bowles.
22
Mr. Bowles: Thank you, Mr. Mayor. I was hoping Mr. DeCamp was here to answer my
question. The concern comes that we’ve given a CDBG grant out for capital improvements to a
facility and they’re taking these capital funds and transferring them because $12,000 worth of
salaries. I just want to make sure this isn’t a consistent practice and we’re not supplementing
their budget because I think if we award capital funds they should be spent for the improvements
that are necessary for the building.
Mr. Mayor: Mr. DeCamp.
Mr. DeCamp: Well they um, when the funds are reprogrammed to the, to what the
current budget reflects they and the improvements there’s an expectation that would be, that they
would use that $11,500 on a, making rehabilitation work on a portion of their building that used
for community related activities. It was quickly discovered that that amount of funding would
not be sufficient for what the improvements that were needed and the uh, the organization came
back and um, and uh asked for this particular change to the budget leaving the dollars for the
van, moving the improvements dollars to cover the administrative costs of their, well, the salary
costs of their administrator which they’ve used funds in the past for those same line items.
Mr. Mayor: Okay.
Mr. DeCamp: Does that answer your question, Commissioner?
Mr. Bowles: Yes.
Mr. Mayor: Mr. Brigham.
Mr. Brigham: Mr. Mayor, I’d like to ask Mr. DeCamp what percentage of this allocation
is going for administrative costs after the changes.
Mr. DeCamp: Well, according to the revised budget $11,300 of the $30,000.
Mr. Brigham: No. Of the total budget awarded what’s going to be the percentage going
to administrative costs?
Mr. DeCamp: What is the percentage ---
Mr. Brigham: Yes, sir.
Mr. DeCamp: --- of the $30,000?
Mr. Brigham: No, sir. All that was awarded to the organization. Does it exceed 20% of
the allotment for administration?
Mr. DeCamp: Is this, does this exceed 20%, I’m sorry.
23
Mr. Brigham: Does the adjustment receive more than 20%. I thought we had set a target
of 20% that would only be spent for administrative costs when we make allocations.
Mr. DeCamp: To any non-profit?
Mr. Brigham: To any non-profit. Is that the case?
Mr. DeCamp: That well, in this particular case that would be the case. I don’t know if, I
don’t recall setting ---
Mr. Brigham: Is, is there more than 20% in the prior budget and the amendment being
awarded for administrative costs.
Mr. DeCamp: There was none awarded in the prior budget.
Mr. Brigham: None awarded so it’s less than 20% with the changes?
Mr. DeCamp: With the changes they’re putting money, they’re putting $11,000.
Mr. Brigham: What’s the percentage of that?
Mr. DeCamp: What is the percentage of that ---
Mr. Brigham: Yes.
Mr. DeCamp: --- of the $30,000?
Mr. Brigham: Yes, sir.
Mr. DeCamp: That is approximately one-third.
Mr. Brigham: That’s what I thought.
Mr. DeCamp: Okay.
Mr. Mayor: Okay. Anybody like to make a motion either way on this one?
Commissioner Harper.
Mr. Harper: I make a motion we follow the recommendation of the Administrative
Services Committee and vote to approve it.
Mr. Holland: Second the motion.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign.
24
Mr. Brigham votes No.
Motion carries 7-1.
Mr. Mayor: Next agenda item, Madame Clerk.
The Clerk:
ADMINISTRATIVE SERVICES
25. Motion to approve placing city property located at Wrightsboro Road @ Baker
Avenue on the market for sale. (Approved by Administrative Services Committee March
12, 2007)
Mr. Mayor: Commissioner Williams, was this your pull?
Mr. Williams: Yes, sir, Mr. Mayor. This is uh, we talked about looking at all of the city
property and I just, my question is why are we taking this particular piece and putting it out for
sale versus the rest of the stuff we’re supposed to look at. We said we were going to look at all
th
the city property, we said that when we did the piece of property on 5 and Reynolds. We were
going to look at all the city property. We sold one piece. Now here we come back with another
one piece and my question is why are we not looking at all the other properties that we had
proposed to do and determine what we’re going to sell. Are we going to sell it all, use the
auctioneer to bid it, you know, to sell it? We know that selling city property’s got to be
auctioned off. We can’t just sell it outright. We circumvent that process by getting it to the
DDA and selling the other properties. Just what are doing here with this? I need somebody to
explain it to me.
Mr. Mayor: Mr. DeCamp.
Mr. DeCamp: Well, Commissioner this is a property that was originally bought back in
2001 with uh, federal funds, with federal community development block grant funds. Actually it
was a, the city made a loan of those funds to a non-profit organization that uh, then purchased the
property using those federal funds. Subsequently in 2005 the city wound up foreclosing on the
property so essentially it’s been back in the city’s hands for the last two years. The housing and
Community Development Department, we issued RFP’s on two occasions to soliciting proposals
for reuse of the property as it was initially intended and that was to provide housing and services
to the homeless. Those RFP’s did not generate a viable project. We presented to the
Administrative Services Committee at the last meeting two options. One was to either issue
another RFP for either again, for housing for the homeless and or services or some other eligible
community development block grant activity or to sell the property outright. Those are the two
basic options presented to the committee. The committee voted to uh, for the latter option to sell
the property outright. We’ve got a list of probably fourteen or fifteen interested parties. Some of
those parties have expressed an interest in using the property for some eligible block grant
activity. Others have proposed uses for the property that would not be eligible. Selling it
outright would give the city the option of, based on the criteria set up for selling it to entertain a
variety of proposals. Any income generated of course would go back, would be received as
program income to the community development block grant program and it’s the departments,
25
part of the departments recommendation that that income then be used on a, on a program or
activity that benefits the homeless since that was the original intent for the use of the funds.
Mr. Williams: Mr. DeCamp, I think what’s confusing when you say city’s properties and
it’s under the HUD guide lines and that ought to be stated. But when you say city’s property
either it is inside or belongs to the city and any sale has to be auctioned off and not just sold.
And I see the Attorney sitting there. I think if it’s uh, if it’s going to be classified as city’s
property it’s going to have to fall in the category with city’s other property, if it’s a HUD deal if
it’s a HED venture that’s going on. But the way it was listed, it’s a piece of city property like we
got other city property and I don’t think that that’s the procedure to do it that way.
Mr. DeCamp: I understand that. The only thing I’d add to that Commissioner is that um,
in disposing of this property outright there are certain, since it was originally assisted with
federal block funds to follow certain procedures including holding a public hearing informing the
public of the fact that the city intends to sell this property outright and give them an opportunity
to comment on that before the city takes that particular action.
Mr. Mayor: Commissioner Bowles and then ---
Mr. Bowles: Mr. Mayor, I’d ---
Mr. Mayor: --- Mr. Shepard, I’ll come back to you.
Mr. Bowles: --- have to agree with Commissioner Williams that, I’d to make a
motion that we add this to the Administrator’s lists of properties for sale and hopefully that
will get things rolling on getting all of our properties thatare surplus on the market and
have the action for them. So I’d like to make a motion to that effect.
Mr. Mayor: Is there a second?
Mr. Grantham: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion? Mr.
Shepard.
Mr. Shepard: I would ask the maker of the motion and the seconder to note that with this
particular property the sale through the Administrator also comply with the federal regulations
for publication of sale.
Mr. Mayor: Are you willing to amend your motion?
Mr. Bowles: I’ll make that amendment, yes, sir.
Mr. Mayor: Okay. We have a motion and a second. Any further discussion?
Mr. Holland: What was uh, what was Mr. uh ---
26
Mr. Mayor: It was ---
Mr. Holland: What was the statement? I couldn’t hear what he said.
Mr. Shepard: I’m sorry. I said that I also think it should be added to the Administrator’s
list of properties to be sold but there are federal regulations which require public comment and I
think that those processes are not inconsistent. I just ask that that property be disposed of
consistently with the others and the federal regulations, which require open and, basically an
auction sale.
Mr. Mayor: Okay.
Mr. Williams: Mr. Mayor, can I ask the Attorney a question?
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Shepard, we could designate this property to an authority and let them
sell it, is that right?
Mr. Shepard: I haven’t looked at the federal regulations, Mr. Williams, and um, I would
think that, my initial response would be reserve, no. Because of the nature of where the money
came from and also the express recommendations of the department seemed consistent to me so I
didn’t go any further than that, sir.
Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Ms. Beard votes No.
Mr. Holland abstains.
Motion carries 6-1-1.
Mr. Mayor: Next agenda item, Madame Clerk.
The Clerk:
ADMINISTRATIVE SERVICES
26. Motion to approve the transfer of Lisa Williams to the Land Bank Authority and
authorize the budget amendment allowing the Land Bank to repay the city for the previous
supplements the city has paid. (Approved by Administrative Services Committee March
12, 2007)
Mr. Mayor: Whose pull was this? Commissioner Williams, was this yours?
Mr. Williams: That’s right Mr. Mayor. I just wanted to make sure, I’m in support of this
agenda item. I want to make sure that, that budget amendment did not include any increases in
27
any salary that we was, and that’s how this was brought up in the beginning. That make sure
there wasn’t any increases in any salary for anybody in the department that goes to the, the
person goes over to the Land Bank then is that a salary that we will okay, approve or is that a
salary that’s set. How would that actually, what would actually happen I guess, Mr. Russell,
when that transfer is made?
Mr. Mayor: Mr. Russell.
Mr. Russell: The amendment does not include any salary increase. The budget
amendment itself only allows us to um, transfer the money from the Land Bank back to the city
account that has supplemented the salary. It would be my understanding since these are new
positions that are being, it is a new position that would be established, that there would be some
um, review on behalf of the commission to set the salary. Since it is a Land Bank position,
though, I might want to get back with the Attorney to determine exactly if that would be so or
not. I don’t know for sure.
Mr. Williams: Would that come back to Administrative Services or would that come
back? Where would that be brought back to so we’ll know what salary or what I guess job duties
that would be?
Mr. Russell: If it would occur then at this point the Land Bank is an independent
authority but I would suggest to you that it would, I would recommend that it did come back to
Administrative Services for your approval. It’s my understanding after talking with Donna you
that you would have to approve the budget for the Land Bank anyway. So that would all be
brought back through both Finance and Administrative Services as would our normal positions.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Am I hearing the Administrator say there’s no budget in the Land Bank
for this position?
Mr. Russell: There was no budget allocated for the Land Bank in any shape or form.
What we’ve done at this point would be, have to bring back a budget out of the gross number of
dollars that are then, that are in the Land Bank and give you a budget or other allocations of
those dollars. The Land Bank has a lump sum. We did not anticipate, there was no anticipation
of doing this until last week and we would have to bring back a budget for your approval for the
Land Bank.
Mr. Brigham: Is this your recommendation?
Mr. Mayor: Mr. Russell?
Mr. Bowles: He’s abstaining.
Mr. Russell: Can the Administrator abstain?
28
Mr. Mayor: Mr. Russell.
Mr. Russell: It’s the pollen, sir. Everybody’s a little slow today. I heard a great man say
that just a few minutes ago. Um, I’m concerned that what we’re doing is putting the cart in front
of the horse at this particular point in time. I think we’ve got a situation where we had a
supplemental salary being paid. If that’s not appropriate it might, we need to stop that. The
committee after hearing the testimony decided, it’s my understanding that they decided based on
this motion that if the individual wanted to move, was doing work for the Land Bank they should
move there. I personally think that would be my recommendation that we need a little bit more
examination of both these issues until we go back. The initial correspondence, the initial budget
amendment that raises all these questions was just to provide for the reimbursement to the
general fund of, of those dollars and we’ve sort of gone off on a tangent at this point in time.
Mr. Brigham: I make a motion that we don’t do anything until we have a budget
established and I don’t think we have a budget established at this time.
Mr. Mayor: Are you referring this back to Administrative Services?
Mr. Brigham: I don’t care where it goes back to. Until I see a budget established for the
Land Bank, I’m not going to vote to hire an employee.
Mr. Mayor: Okay. Mr. Shepard.
Mr. Shepard: Lisa Williams has been very helpful to the general counsel. I would
suggest the matter be deferred one time so that we might have an opportunity to sort things out.
I’ve been throwing a lot at him believe it or not in the last two weeks and um, this I think would
compromise some of his abilities to handle some law department matters so I would ask in
addition to Mr. Brigham’s reasoning that um, the matter be held over, either going to the
Administrative Services Committee or coming back straight to the floor the next time. Ms.
Williams has functioned well for him. She’s functioned independently as a coordinator with no
immediate supervising staff attorney and I would just ask permission to do that rather than this
present motion.
Mr. Mayor: Mr. Brigham, would you like to amend your motion?
Mr. Brigham: I can include that.
Mr. Bowles: Second.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Mr. Mayor, the Attorney ought to be directing the Attorney not the Land
Bank secretary. I’m surprised to know that the Land Bank secretary is doing the work of the
attorney. When we brought this up in the beginning in the Administrative Services meeting that
the majority of this work was being done by the Land Bank. There was very little discussion
about the Law Department and her duties as, in the law department. All of the work that she was
29
doing and the additional 15% they tried to bring forth they couldn’t show justification for it.
And the Land Bank is what was recommended from the Administrative Services that she be put
over in the Land Bank because all of the work she was doing was the Land Bank. Now I’m sure
Mr. Jessup would appreciate anybody, a German Shepard helping him out since him being new
but Mr. Attorney, Mr. Shepard ought to be the person or somebody in his office ought to be
preaching and helping Mr. Jessup not the secretary for the Land Bank. So I’m going to make a
substitute motion that we follow the motion that came out of the Administrative Services that we
go ahead and do this and won’t be any fifteen or any percent increase just as we proposed out of
Administrative Services.
Mr. Mayor: Commissioner Holland.
Mr. Holland: Yes, sir, thank you, Mr. Mayor. I would also like to add to that because
during our Administrative Services meeting and I think everybody in there at that particular time
including all of the members of the Administrative Services Committee agreed to the fact that
Ms. Williams would be transferred and so, and would be transferred with all speed because it
was time for her to move on simply because of the fact she was wearing two hats. So it was
necessary for her to be moved from the Law Department and be moved on over the Land Bank
Department. So I mean, if we’re going to keep bickering back and forth and playing games with
this individual, maybe she needs to go and get a law degree and then come back and work with
the Law Department. If we’re not going to do that we need to go ahead and make and approve
this motion and move her on over to the Land Bank where she’s been doing all this work and get
her to have just one job to do and then that will settle this whole issue. But by keeping her over
there she’s going to be working back and forth, back and forth, back and forth with the Land
Bank and the Law Department and there are other people in this department and in this
government are doing different jobs and nobody has ever said anything about that. So it’s time
to move her on to the Land Bank Department so she can be about the business of doing the work
of the Land Bank. So my motion, I’ll second the motion with Mr. Williams that we move Ms.
Williams on over to the Land Bank.
Mr. Mayor: Okay. We have a substitute motion and a second. Is there any further
discussion? Commissioners will now vote by the substitute sign of voting.
Mr. Brigham, Mr. Smith, Mr. Bowles, and Mr. Grantham vote No.
Ms. Beard abstains.
Motion fails 3-4-1.
Mr. Mayor: Okay, Madame Clerk, we have an original motion on the floor. Could you
please read that back for clarity for everybody?
The Clerk: The original motion was to defer this well. Mr. Brigham, was your motion
was to defer to Administrative Services or back to commission?
Mr. Brigham: My original motion was to defer until we got a budget. I don’t care what
committee it goes to.
30
The Clerk: To defer it until the budget is established.
Mr. Brigham: Yes, sir. Yes, ma’am.
Mr. Mayor: Okay, we have an original motion and a second.
Mr. Holland: Mr. Mayor, can I ask how long ---
Mr. Mayor: Commissioner Holland.
Mr. Holland: Let me ask Mr. Russell. How long would it take for him to establish a
budget for this particular position? Would it take a week, two weeks, two months or a year?
Mr. Russell: Commissioner, we should have a budget back to you at the next series of
committee meetings.
Mr. Holland: Beg pardon?
Mr. Russell: Sir?
Mr. Holland: I didn’t hear you.
Mr. Russell: Oh, I’m ---
Mr. Mayor: Next series of committee meetings.
Mr. Russell: Next series of committee meetings.
th
The Clerk: That’s April the 9.
The Mayor: Okay. We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Mr. Williams, Mr. Harper and Mr. Holland note No.
Motion fails 5-3.
Mr. Mayor: Okay, no action taken. Madame Clerk, next agenda item, please.
The Clerk:
ENGINEERING SERVICES
37. Motion to approve the termination of the CH2MHill’s contract and place OMI on
notice that they are in breach of their contract. (Approved by Engineering Services
Committee March 12, 2007)
Mr. Mayor: Commissioner Grantham, did you?
31
Mr. Grantham: This was my pull, Mr. Mayor.
Mr. Mayor: Okay.
Mr. Grantham: Before we have the presentation I’d just like to let it be known that I’m
not opposed to the companies that are involved in this contract nor am I opposed to the
individual that we have involved as far as our liaison with these contracts. I think that the
performance of these companies has been exceptionally good and they have certainly given us
the type of service that we’ve needed and also this individual that we’re referring to that’s in our
contract has given us the type of service. I would like to see that these two parties get together
and bring us a, bring us the information that they have worked out their differences and that we
would continue the contract that we presently have. So I’m making that right now as
information and as an opinion and if necessary, after the presentations then I’ll be glad to make a
motion.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I, too, thought something would be worked out at
one time but I’m beyond that point at this particular junction. We done waited and waited and
waited uh, this was uh, in my mind preplanned um, learning some information even weeks later
that we have had no problem, and this has nothing to do with work so I don’t want anybody to be
confused about that, that the type work. But the effort we’ve been fighting for and trying to do
and when we took the time to write names in, to put people in the contract and to make sure that
everybody was being secured because they were secured. And they done something themselves.
It wasn’t nothing this government did. I don’t mind hearing this again, I think we just going to
throw out the dirty laundry in front of the rest of the city and I ain’t got not problem with, I ain’t
got nothing to hide so I can say what I got to say up front. But I just think we done had ample
time to sit down or at least partly sit down and talk and discuss some things and evidently it’s not
going to work because if it was going to work they had time to do that already and all we doing
is prolonging it. Now you know we talk about two-minute rules and holding up meetings and
being along. I ain’t got not problem with discussing. But I think we, we wasted some time today
on hearing both sides. I want to hear both sides, I don’t want to hear just one. And when you do
that you just going to prolong something Mr. Mayor that should’ve been done a long time ago in
my mind.
Mr. Mayor: Okay. Ms. Beard.
Ms. Beard: Mr. Mayor, um, my understanding is that they are very close to working
something out. So I wonder if we could table this until later and let them go out and see if they
. I’d like to make a motion to that
can work it out and bring it in at the end of the session
effect.
Mr. Brigham: I’ll second that motion.
Mr. Mayor: It’s tabled. Commissioner Harper.
32
Mr. Brigham: Mr. Mayor, a motion tabled is a non-debatable motion.
Mr. Brigham: That’s right.
Mr. Mayor: No, but I still wanted to recognize Mr. Harper to speak. Commissioner
Harper.
Mr. Harper: Yes, my only concern, thank you, Mr. Mayor. My only concern is I kind of
have to agree with my colleague. This is something that’s been on-going and um, the thing that
worries me the most is not so much about you know, the individual that was written into the
contract but the breach of the contract, the material breach of the contract itself. I think that it
was blatant, I think it was orchestrated and pre-planned tying with passing of the agreement that
we did preceding that in commission. Then all of a sudden the breach came about you know and
that let’s me know that the company, no matter how good they may be didn’t have no respect for
this government. And if this company’s allowed to get away with it the rest of the businesses
that do business with the county must be looking at us, laughing at us. So you can, you can let
both sides speak cause I want to hear both sides but the fact of the matter is this is something that
just didn’t happen overnight. This something was well thought out and planned but what
happened is that they under made it, underestimated the will of this governing body to see this.
So that’s all I have to say, you can let both parties speak, you know my colleague asked going on
forth days now. How much longer is thing going to go on?
Mr. Mayor: Well, gentlemen, from either side as the motion, I mean as the agenda item
has been tabled, Ms. Beard has asked ya’ll to see if there’s any way that we will move on
through the rest of the agenda which by the way is a very short remainder of the agenda but if
there’s any way in a last ditch effort, ya’ll can put anything together. But we will take back up
the agenda item at the end of the agenda.
Mr. Speaker: Thank you very much.
Mr. Mayor: Okay. Madame Clerk, next agenda item.
The Clerk:
PLANNING
45. Z-07-27-A request for concurrence with the Augusta-Richmond County Planning
Commission to DENY a request for concurrence with the Augusta-Richmond County
Planning Commission to APPROVE a petition by Precious Austin, on behalf of Michael
Wilson, requesting a Special Exception to establish a Family Day Car Home per Section 26-
1 (f) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting
property containing .37 acres and is known under the present numbering system as 3812
Highpointe Drive. (Tax Map 140 Parcel 575) DISTRICT 4
Mr. Mayor: Commissioner Harper.
33
Mr. Harper: Uh, yes, Mr. Mayor. Thanks a lot. That particular item is in my district. I
talked to the president of the Home Owners Association and some of the neighbors in that area
which they have built, as opposed to having in their neighborhood because it would open up a lot
And I’m going to make a motion that we concur with the Planning Commission
of things.
to deny the request.
Mr. Holland: I second the motion.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign of voting.
Mr. Brigham: Mr. Mayor I think we need to let the ---
Mr. Mayor: Mr. Russell.
Mr. Russell: Is the petitioner ---
Mr. Williams: Yeah, I thought we’d give the petitioner an opportunity to speak to this.
Who is the petitioner?
Ms. Speaker: Precious Austin.
Mr. Mayor: Mr. Patty.
Mr. Patty: I believe the petitioner is present.
Mr. Williams: Is not present did you say, George?
Mr. Mayor: Okay. Commissioners will now vote by the usual sign.
Ms. Beard out.
Motion carries 7-0.
The Clerk:
ADMINISTRATIVE SERVICES
47. Discuss personnel. (Requested by Commissioner Calvin Holland)
Mr. Mayor: Commissioner Holland.
Mr. Holland: Thank you, Mr. Mayor. Mr. Mayor I asked for this to be placed on the
agenda today because I’m very much concerned, I’m very much concerned about us as
commissioners. Being elected officials by the people I think that we have the responsibility to
uphold our positions as commissioners. And of course I’m concerned about the people that work
here in this government. The reason that I’m so concerned about this, Mr. Mayor, is the fact that
and of my other colleagues is that I feel that when a commissioner gives a direct order, a respect
34
for direct order to one of our employees, I feel like that particular employee is supposed to
adhere to whatever it is that one of the commissioners has mentioned to him or her. My reason
for saying this is in the fact that on last week, on last Wednesday, we had a conference with a
couple of our employees and during the time that we were having the conference with one of our
employees with had two other employees to come in to the conference without the notice of the
commissioners. Once they entered into the room they were asked to leave. The two employees
did not leave. Three commissioners asked these two employees to leave the room until we could
resume the conference with one of the individuals. And what I need Mr. Commissioner, Mr.
Mayor what I need is a ruling from you on this after three commissioners, Commissioner
Williams, Commissioner Hatney and myself asked this particular employee to leave the room
and he would not, they did not leave the room and then I, the commissioner asked the same
employee four times to leave the room. The employee refused to leave the room after being
asked five times to leave the room. And I’m very much concerned about that because that was
blatant insubordination and I want a ruling from you, sir, to handle this because if this is going to
happen it’s going to create a problem with all of the commissioners here when we ask an
employee to do something and he or she refuses to do what we ask them to do.
Mr. Mayor: Okay, Commissioner Holland and I’ll, I am familiar with the meeting that
you’re discussing and I do appreciate do to the fact that this is a personnel issue that you’re not
bringing any names for us but with regards to me making a ruling on how to handle this situation
I, currently as the power of the Mayor stands, I don’t believe I have the authority to make a
ruling. I think that directives given to the staff have to come through six votes of this body and I
would be happy to get with you after the meeting and further discuss how we may proceed, but
with regards to me coming up with a ruling on any kind of disciplinary action I don’t believe that
that’s within my power to do.
Mr. Holland: Mr. Mayor, I believe that as Mayor it is your responsibility to talk with
these individuals when something of this particular nature occurs. And as commissioners we
really need to understand and know why, why these persons will not respond or do what they’re
asked to do by the commission. So we need to get a ruling on this and we need to get a ruling on
this very quick cause if not we’re going to have some serious problems with this commission and
we’re going to have some serious problems with the people that work with this government. It
will get to the point where people will think that they can run over this commission. Now I came
very, very close last week, I came very close last week of acting very, very unprofessional. But
as I leaned toward the door to request for security to come to this particular meeting they then
decided amongst themselves that they would walk out. And it was three commissioners have
asked these people to leave out of the room and they blatantly stayed there and would not leave.
And we need a ruling on this, we need know about this because the next time that we, one of the
commissioners ask somebody to do something they need to adhere to what we’re doing. We are
elected officials. We’re not pawns.
Mr. Mayor: If you would like to make a motion to give me authority to take disciplinary
action with employees I’d be more than happy to entertain that. That would effectively change
the structure of the government and the Mayor’s authority but Commissioner Holland let me say
a couple of things. I appreciate you acting professionally in that situation. I had spoken to
35
Commissioner Hatney with regards to this. It comes under a committee that he was chairman of.
He is out of town but we will be addressing this issue. But I appreciate your concerns.
Mr. Holland: I hope so, Mr. Mayor, because if not we’re going to have some serious
problems with this commission. We’ll have some serious problems.
Mr. Mayor: I’m waiting for ---
Mr. Holland: --- commissioners here and if these commissioners cannot speak and share
what they need to share with employees and these employees cannot adhere to what a
commissioner asked him or her to do, we’re going to have some serious problems. This needs to
really get taken care of and it needs to get taken care of immediately.
Mr. Mayor: I’m still waiting for you to make that motion to give me the authority to do
that. Commissioner Williams.
Mr. Holland: You’ve got the authority Mr. Mayor. You could’ve done that a long time
ago.
Mr. Williams: Thank you, Mr. Mayor, and I think you’re right. There is no authority the
Mayor has especially when it comes to contract people who work this government. But I was in
that meeting as well. But those people who work for this government, and I made it a stipulation
that when we hire new people let them understand they got a twelve-month probationary period
immediately. All of the department heads work for this commission. But let me be clear without
calling any names. It wasn’t a department head sort that worked for this government. It’s a
salaried person. This is a contract employee. Now there was another salaried person involved
who brought this employee there and I think this six votes ought to be able to deal with that
particular employee. But there is some serious trouble that’s brewing. Now I heard people say
that people are scared to come before the commission because I’m going to bite their head off. If
they can’t stand to hear the truth than I’m sorry for that. But I don’t threaten anybody. But Mr.
Holland asked this particular individual to leave four times, blatantly he stood there as if, when
he, and in fact his remark was, “Well, somebody invited me”. And Mr. Holland shared with him
“Well, I’m a commissioner and I’m asking you just to leave out of the room. We just want to
talk”. And that was all. Then they wanted to say well they had earlier information. They
wanted to take his meeting and turn it into their meeting. That just shows how blatant they are
with some commissioners. This doesn’t happen to everybody. Let’s be real about this now.
This doesn’t happen to all of the commissioners. Can none of these other commissioners on this
floor can tell you that happen to them. None of them. But there are a few of us that can tell you.
But I know the remedy. I know what needs to be done but you can’t get six votes. Mr. Bowles
was talking earlier about an employee and, and what we all need to do but folks say they want to
do something but they won’t step up to the plate and do what they need to do. Only this is
certain people, well indeed you was right. What you just said you were exactly right. But I can
as long as I’m here to make sure that I respect them but I’m going to make sure they respect me.
They ain’t gotta like me but they’re gonna respect me.
Mr. Mayor: Okay. Mr. Russell.
36
Mr. Russell: As you are aware of, Mr. Mayor, this was a classified employee we’re
talking about. There are remedies through our personnel procedures to deal with classified
employees and that would be my responsibility to deal with that. It doesn’t sound like it but we
are dealing with it at the moment but if it is Coach Holland I’d like to talk to you in reference to
that.
Mr. Williams: And they’re not, Mr. Russell. They’re not.
Mr. Mayor: Okay.
Mr. Williams: I don’t think we have that blatant disrespect from that type of employees.
Mr. Mayor: I believe we need a directive for the Administrator to get together with
Commissioner Holland and the other commissioners and all parties present at the meeting.
Mr. Williams: Mr. Mayor, before I go out I’d for Mr. Holland who’s Administrative
Services Chairman to refer this back to the sub-committee that the sub-committee can look at
those guide lines that those people fall up under that the sub-committee be the one to investigate,
and to make sure that that never happens again. But I think it follows under the guidelines of the
Law sub-committee.
Mr. Grantham: Mr. Mayor?
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor, and I will agree with that the sub-committee will
deal with it but I also want all commissioners be notified of that meeting so that anyone wishing
to attend has the right to do so.
Mr. Mayor: Absolutely. Commissioner Brigham.
Mr. Brigham: Mr. Mayor, was this, was this a formal committee or if so was there a
quorum present without public notice being given?
Mr. Williams: No, sir, it was not.
Mr. Mayor: No.
Mr. Brigham: Okay, I’m asking because I don’t ---
Mr. Williams: I’m telling you, --- if you can’t accept the way I’m telling you ---
Mr. Mayor: When we come up with the proper path for it, we know the proper
committee to refer it to and it has been referred to that committee. Next agenda item, Madame
Clerk.
37
The Clerk:
PUBLIC SAFETY
48. Discuss the cost of animal services that are provided to neighboring counties. (No
recommendation from Public Safety Committee March 12, 2007 – requested by
Commissioner Marion Williams.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Yes, sir, Mr. Mayor. There’s reports of our services being provided for
other counties for animal shelter and I need to know from Mr. Russell if that’s true than what are
we doing to prevent that from happening and for Richmond County shelter taking in animals and
putting animals to sleep and doing animal services for outside counties other than Richmond
County.
Mr. Mayor: Mr. Russell.
Mr. Russell: Mr. Mayor, Commissioner Williams brought this to my attention probably
about ten days ago sir if I remember correctly. Ms. Downs is here from animal control
individual to talk about this. Obviously on occasions we do take in animals from another
location, from other counties basically. When they’re brought to the, we don’t go search them
out but when they’re brought to us we will accept them and she can speak to that for a few
minutes if you like sir.
Mr. Mayor: Yes, ma’am, please.
Ms. Downs: Um folks, fellow commissioners, we do accept animals from out of county.
Now, we do not leave Richmond County to pick up animals, as that is not our jurisdiction. But
there are a couple of counties at least on in particular that does not have an animal control of
their own. I believe Mr. Williams is referring to Burke County. Now within the city limits of
Burke County the animal problems there are addressed by their Sheriff’s Department. The
outskirts do not have any way to, you now to uh, you know deal with their stray animals so yes,
they do bring animals do our facility. If those animals are brought in to be euthanized there is a
fee. If these animals are you know, stray animals being brought into the shelter no, there is no
charge.
Mr. Mayor: Okay. Thank you, ma’am. Commissioner Williams.
Mr. Williams: Mr. Shepard, Mr. Mayor what are we going to do if that grows, if that
continues to grow and we know how animals don’t have just one, they have a litter. And if we
continue to do this shouldn’t there be some kind of fee put in place if that’s the case if that’s and
it’s going to be a growing problem where we’re taking in. If we’re taking in one a year that
wouldn’t have been anything that would have been mentioned about it but since there has been
something mentioned, evidently there has been some concern. So what can we put in place to
make sure that when an animal’s brought that some kind of identification from somebody have
38
to say, hey this is where I live, I’m in Richmond County whatever, whatever versus just taking
the animal in because when you take an animal in you got to feed it, you got to do all the other
things to maintain it. So I just want to know are we going to put something in place to uh, to
handle that?
Mr. Mayor: Mr. Russell, and then Commissioner Bowles, I’ll come to you.
Mr. Russell: You know, Commissioner Williams raises a good point. We’ve had that
discussion in reference to the acceptance versus the non-acceptance of that particular animal.
My general feeling would be if they brought it to us and we said no we don’t take it since you
live outside the county we end up chasing it half a mile away because we got to let it go in our
particular jurisdiction. What we’re doing though is researching some other jurisdictions. I think
there are some fees that people have that would be appropriate I think but not only the euthanasia
fee but maybe just a receiving fee. We’re looking at that and I would really like to bring that
back to you as a proposal to change our policy on that whether we come up with a reasonable fee
for accepting animals from outside our jurisdiction. It’s also our feeling that if they take the time
to bring it to us as opposed to just letting it go a small fee that would cover the cost to some
degree would be appropriate as opposed to just that. So it’s a fine line we’re drawing there
between recovering the cost and having somebody just drop it at our doorstep but I think we can
beach that and be more than happy to bring those numbers back to you as a policy change that
you all would have to approve.
th
Mr. Mayor: At the next Finance Committee meeting? April 9.
th
Mr. Russell: Yes, we can do that by April 9.
Mr. Mayor: Commissioner Bowles.
Mr. Bowles: Thank you, Mr. Mayor. I think it’s a great idea that Commissioner
Williams has and I encourage the Administrator also to share this information with our landfill
and maybe we can come up with some sort of scaling arrangement and charge Columbia County
a little bit more for taking up all the space in our landfills.
Mr. Mayor: Yes, ma’am, you had one last ---
Ms. Downs: Um, yes. Mr. Russell is indeed correct because we have, we have had
people from um, you know other counties, not necessarily Burke County that upon refusal to
take their animals have indeed dumped them out around the corner. There are three places where
this has occurred and all occurred prior to my appointment as Animal Control Director. I was
one of those officers that had to chase these out of county dogs or cats or what have you. Now
you know I did visit with um, Columbia County’s animal control director today and you know,
got their prices. They do have a charge for out of county and I will be looking at along with Mr.
Russell and Mr. Leverett you know some provisions or additions made to our, to our fees but at
this particular time it is less cost effective to you know to take these animals rather than them to
leave and go and dump them around the corner where we will have to either chase, trap or
tranquilize these animals, you know anyway.
39
Mr. Mayor: Yes, ma’am. While I’ll tell you, Lord knows, if they dropped them at my
house with my wife I’d have a house full of animals. She’d adopt every one. Commissioner
Brigham.
Mr. Brigham: Mr. Mayor, I think while we’re doing this in the meantime if we don’t
have a policy in place I think we at least ought to recommend that we send them to the Humane
Society or somewhere where there’s already a non-profit in place to deal with these situations,
especially the healthy ones.
Mr. Down: Okay, are you suggesting that we change our you know policy at animal
control or that we change Title 4 in particular in that I have found nothing in Title 4 that restricts
out of county except in Savannah.
Mr. Brigham: I’m not suggesting anything other than that we, if want to have a problem
with accepting out of county dogs there are agencies in this community that do accept well dogs
and they are pets and I think we ought to make that known to people if we’re going to tell them
we’re not going to accept them. That’s what I’m trying to say.
Ms. Downs: Thank you.
Mr. Mayor: And all healthy German Shepards can be sent to Commissioner Williams’
house.
Mr. Williams: Got to be healthy.
Ms. Downs: All right. Thank you.
Mr. Smith: Mr. Mayor?
Mr. Mayor: Commissioner Smith.
Mr. Smith: I’m not sure I quite understand. I’d like to run back through this. When
somebody from out of town brings a dog out there to be euthanized then it’s a charge. Is that
right?
Ms. Downs: That is correct. If the animal is sick or injured and you know there is no,
there is no hope for the animal to make a recovery without suffering then yes.
Mr. Smith: How much of a charge is that?
Ms. Downs: That’s uh, that is a fifty-dollar fee.
Mr. Smith: Fifty dollars. Okay. If you take the dog put it in, keep it for two or three
weeks and nobody adopts it and it’s euthanized, who pays for that.
40
Ms. Downs: Um, probably the county I would ---
Mr. Smith: Richmond County.
Ms. Downs: --- imagine.
Mr. Smith: That’s why I feel like that something needs to change when it’s uh, come
before the committee and consider that. Taking anything form another county would be assumed
that they would be getting paid for.
Ms. Down: Okay, not all of these animals that come from other counties are euthanized.
Mr. Smith: I understand.
Ms. Downs: As a matter of fact some have even been in the adoption area and have been
adopted and they do not stay there for “x” amount of weeks. Usually after a three to five day
period a determination is made as to whether that animal is adoptable or un-adoptable.
Mr. Mayor: Okay. Thank you, ma’am. Madame Clerk, next agenda item.
The Clerk:
ATTORNEY
49. Motion to approve a Resolution in support of three year terms for the next two
commission elections so as to schedule future commission elections and the election of the
Civil Court Marshal on the dates of the presidential and gubernatorial elections. (Deferred
from the March 6, 2007 meeting)
Mr. Mayor: Commissioner Bowles, you ---
Mr. Bowles: I think the attorneys wanted to bring up some issues.
Mr. Mayor: Mr. Shepard.
Mr. Shepard: I had been asked to prepare a resolution that would express the will of this
body one way of the other on the idea that we consolidate the municipal elections with the
gubernatorial and presidential election cycles. I think originally the idea was that we had an
election every year and that would develop a good voter participation on the first Tuesday after
the first Monday of the month as always set. It’s also been noted that this is an expensive
process for this county and basically if we shorten the terms of the odd numbered seats and the
even numbered seats so as to, as the resolution says coordinate them all of them on the two-year
cycle than that would be, that is a policy decision ultimately that the Legislature should make.
But I think they have asked that this body express its opinion. Do you want such a bill to go
forward? Of course the Legislators would not be um, necessarily agreeable with this. They may
do it anyway but I do feel from them that some sort of resolution is um, you know, what they’d
like to see. And I call your attention to the fact that when we started the consolidated
41
government the odd seats were given two years until they had to run the even seats were given a
four-year first term then the term limits as we know it has been of a concept that is governed all
the flights of commissioners since then. And the limitation is that you can’t serve more than two
successive four-year terms of office. So the question becomes this interim term of three years,
do you wish it to be counted or leave as a term and there is just one paragraph that is affected by
your resolution in the book and it’s the uh, excluding the caption, it is in the fifth paragraph
down and I think this body should chose, does the interim shortened term count in determining
term limits set forth in our original consolidation act or does it not. If it does some folks will
only get the opportunity to serve two successive terms, which will not be four-year terms, but
there will be one four and one three. So some of you have indicated you’d be more than willing
to give that up if we could get this election cycle coordinated with the gubernatorial and with the
presidential. You can’ cut somebody’s term of service after they’ve been sworn in so that’s why
I’ve cycled it in so that it would begin this year if you pass this and if the Legislature passes this
and if the governor signs it of course and if the um, Justice Department approves it. I sort of set
forth a road map to go forward. So um, if you um, it would take a vote of this commission today
to determine which direction you want to go, either immediately begin the odd seat, the even
seats and cut them to three or wait until the next time the odd seats are up and do it then. But
this year you have even seats standing for election and um, I think the Legislature would like to
hear from you. If you don’t want any changes certainly a motion could be made to that effect but
um, I tried to lay out this in some organized manner so that you can make an informed decision
about this. That’s the history on how we got here and um, like I say you can chose to amend or
not to amend depending what your pleasure is.
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. Of course it’s not up to this body to amend it’s
up to this body to recommend and particularly in this case and in a case of any change of our
consolidated government. It’s been the normal practice since consolidation that before any
changes would be recommended by the delegation to the state body that this group would present
a resolution to that effect and I think all of the commissioners received a phone call in that
regards as to what their recommendation or what their intentions might be and there were several
commissioners, excuse me several delegation members that indicated that they wanted a
resolution from this body in order to continue the procedures that have been recognized in the
past. And so the resolution should be more in a simple form as to changing the position of the
elected time for the delegation to go ahead and take issue with therefore saving money for this
government and allowing an election to take place on the presidential and gubernatorial dates.
So the resolution is what they’re looking for and I’m going to make a motion that we
present a resolution to our delegation in that regard.
Mr. Mayor: So you’re making a motion to approve.
Mr. Brigham: Yes.
Mr. Mayor: Is there a second?
Mr. Bowles: Second.
42
Mr. Mayor: Okay. Commissioner Harper.
Mr. Harper: Thank you, Mr. Mayor. My only concern is to you there’s a question.
Maybe you can answer it for me. I understand the breakdown you know for the gubernatorial
and the presidential but in my case I’m filling an un-expired term. So where do we go from
there? See I’m ---
Mr. Shepard: You have the privilege of being with us for two full consecutive terms
following the conclusion of your service in the unexpired term.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor I need to know from the Attorney and the Legislature put this,
this body together, this consolidation bill and this consolidation bill says you can serve two
consecutive terms and the term was four years and you shortened those terms. Are you saying
that we give up the term limits, I’m trying to figure out where we are cause if you shorten the
years whether it be three years this time or three years next time you still, this government was
designed, set up with a four-year term and we’re going to change that. Are we asked to give up
the term limit portion of this to go to that? Because I don’t think you, we can set a resolution or
anything else saying that we want to do something that’s out of the charter, out of the, the
situation with the charter is. Is that what you’re saying, Mr. Shepard?
Mr. Shepard: Well, Mr. Williams, what I’m saying is that um, you’re right, the
Legislature would have to make that change. The expectation of the length of a future term, I
think you could express yourself if, if you so desire to limit a four-year term and deem it a three-
year term that has been written in one of the bills that has been put in the hopper in Atlanta. So
this body will not change its terms. This body will just express itself as to its desires. It may
have the desire to leave things exactly as they are and the only other thing I pointed out to the
Legislators was that when the odd council persons run that is also the year in which the Civil
Court Marshal runs. And we certainly don’t want to eliminate all the odd seat elections in that
year and still have one elected official to be elected by himself. So, I mean that would not solve
anything. You’d have to have all the polls open. So I believe the legislation now does address
that office as well. We cannot, or a government cannot validly cut your term while you are
serving. That’s why this is all perspective in nature.
Mr. Mayor: Okay.
Mr. Williams: I’m still lost but go ahead.
Mr. Shepard: Well, ---
Mr. Mayor: I believe that basically this is a resolution in support of the Legislation.
Mr. Shepard: That’s correct, it is and it provides that the shortened terms will not be
counted against term limits.
43
Mr. Mayor: Okay.
Mr. Williams: And that was my question, Mr. Mayor.
Mr. Brigham: You’re wrong.
Mr. Mayor: Hang on let me let Commissioner Williams finish up.
Mr. Williams: And that’s my question. If the shortened time is not going to classify
against the term limits then we must be removing the terms limits then.
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. The simple part of this bill that they are
proposing, Representative Murphy proposed is that you would shorten the terms of the next
elections of every commissioner whether they be odd or even and this year is an even election.
The even commissioners would run for three years. Three years would constitute a term. And
then if such as my case, I’ve already served four years at the end of this year and if elected I will
serve three years. That would constitute my two terms. I would be through after seven years of
service. The people who are running for the first time this year in the case of where Mr.
Williams will have already served two full terms the person serving in that seat would run for
three years as his first term, three years constituting a term and then he also eligible to run for a
second term of four years. The same principle will apply to the odd number of commissioners
when their election dates come around. I don’t know any other way to make it any simpler than
that Mr. Mayor and you know we don’t need to confusion of putting in our resolution what we
want if they have already established those criteria and that’s the way that we should be adhering
to if we want to save this government money and if we want to do what’s right in making these
elections fair and equal for everyone.
Mr. Williams: I understand now a lot better, Mr. Grantham. Thank you very much.
Mr. Mayor: Mr. Shepard.
Mr. Shepard: If you want that then we should fund the resolution to strike in the fifth
paragraph the word (INAUDIBLE). I said in the fifth paragraph if Mr. Grantham wants the
seventh year formula whereby the first term of three years is deemed to be a countable term for
term limits ---
Mr. Grantham: Absolutely.
Mr. Shepard: --- okay then ---
Mr. Mayor: Are you willing to amend your motion to clarify the ambiguity, ambiguities
and so that it ---
44
Mr. Grantham: If you will so write it like I stated.
Mr. Mayor: Okay.
Mr. Bowles: Second.
Mr. Mayor: Okay, we have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign.
Motion carries 8-0.
The Clerk:
OTHER BUSINESS
51. Receive a report from Administration regarding enhancements to the James Brown
Statue. (Requested by Commissioner Marion Williams)
Mr. Mayor: Mr. Russell.
Mr. Russell: Mr. Mayor, several months ago now I believe, Commissioner Williams had
brought forth the idea of doing some enhancements to the James Brown Statue on Broad Street
as part of our recognition of Mr. Brown’s contributions to the City of Augusta. There were
several ideas that were brandied about, we talked about that and what you have in front of you
were several options that were available to enhance that property and make it a little bit more
attractive. Make it a little bit more attractive at the site but I do notice there’s still numerous
flowers and people are (INAUDIBLE) being left there on the site on a regular basis and we’re
still going through that, the items that are, the flowers and stuff in (INAUDIBLE) are taken
away. Those other items are still taken to the museum. It would be coordinated with the family
to determine what’s supposed to be done with that or to be placed in a, you know the situation
there some kind of James Brown museum. What you’ve got, it’s a menu in front of you that
would include some uh, extension of the area that is currently there. We talked about $16,000,
landscape enhancement for about $3,500. One of the ideas was, one of the things that we feel
would be the most popular of the event itself, or the statue itself would, once we raised it up it
would be looking like he’s on stage. As far as what the enhancement might be the process of
putting over that lighting that would come on and splash down on the stage in that particular area
there actually be on stage on Broad Street with James Brown (INAUDIBLE). That would be an
option there and in addition to that we talked at some length about some recording instruments
there that you either didn’t like, Ms. Brown would sooner like to see a museum, that would be an
all weather type of situation (INAUDIBLE) push buttons and you get a free recording on James
Brown life. Basically there would be musical involved with that obviously. We would still have
to look at the issues of copyright rights of the songs (INAUDIBLE). But um, what the intent
was, what Mr. Williams idea would be to make that more of a destination. It’s becoming a
destination for itself (INAUDIBLE) enhance that. The menu includes a wide variety of things
but I think staff would like a direction to go ahead to move forward on that. I believe that the
cost would be recoverable as we look at people coming to visit. I stop there regularly and people
are there from all across the country. Now you’ll be asked, where’d you come from? The
45
answer will be far across the country. The next question is why’d you come to Augusta. A
surprising number of them came to see James Brown. (INAUDIBLE)
Mr. Mayor: Can I, Mr. Russell, one thing I would comment and then, Mr. Williams, I’ll
come to you. I think that the, as we’re all seeing this for the first time today it might be um, a
good thing to run this through the Finance Committee and I’m not opposed but one of the things
I’ve continued to push for is to include the family in the process when we do things to honor him
so I would also, just my personal opinion think it would be a good thing to contact Deanna. I
would be happy do this and run this by her as well. But I just make that for comments.
Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I talked with Deanna and her husband Sean and
this proposal had a group come in from Atlanta, Georgia wanting to know where was the statue.
This is something that’s going to really help Augusta. It’s not going to help James Brown at all
but it’s going to help the City of Augusta where people are coming like Mr. Russell said even
with the flowers that are there now, taking pictures. If we enhance this, this will give more
credence to people coming downtown, at the commons on Broad Street, shopping in our stores,
going in our restaurants. If, I had a call from some travel group who called my home and heard
about it and I don’t why this is the first time that this is getting to this point but, they wanted to
know because they were some road deal, I don’t remember the name of it right now Mr. Mayor
but they wanted to know what we had planned what we envisioned in doing for this statue
because they lists things that people can do when they travel when they get to Augusta. Here he
is now, we know the Masters is right upon us. All of those visitors coming, everybody coming is
not going to play golf. There are a lot of family members, a lot of children, a lot of workers
that’s going to be here and they’re going to look around Augusta. This will be something for
them to do had we had this in place we could take some pictures, the lights Mr. Russell’s talking
about ought to be stage lights that when you insert a coin or some kind it would be paying for
itself, it wouldn’t be something that would be a burden on the city. I think it’s going to be a plus
for the city. So that’s why I’ve been so adamant about trying to get something done and get it on
the drawing board. But those are my comments. I don’t mind going to Finance, I don’t think
there’s a lot to discuss in Finance but for whatever it brings to Augusta, it’s going to triple than
what we have to spend on it.
Mr. Mayor: Ms. Beard.
st
Ms. Beard: Mr. Mayor, I would like to remind Mr. Williams that that is in the 1 District
and I’m Mayor Pro Tem and responsible for this district. And uh, we have many proposals in
mind. First of all I just don’t think lighting and sound there would be something I would like to
see. Now I want the audience to know we have received proposals form the uh, Museum of
History, we’ve received proposals from the Lucy Laney Museum of Black History, we are
looking at the Library on Greene and Laney Walker Boulevard for something similar to the
music museum in Macon uh, with maybe the James Brown Experience. But we’ve done, we’ve
had consultants to come in to design this area, which would also be a part of the third level of the
canal. Right now we’re in the process of trying to redo the Old Southern Milling Company,
which will anchor the end of the canal and it is a place where James Brown danced when he was
here and the house that he lived in with his aunt is across the street. I only want to say we all
46
want to come up with a project that will work and we think that he lived here is something that
can be an enhancement for all of us, yes and will have tourists coming in. But uh, we are
working on it and we’re going to make a difference and we just have, we have just worked with
the statue.
Mr. Mayor: Well, and, is there any way I can get a motion to refer this to Finance so that
we can ---
Mr. Williams: So moved.
Ms. Beard: Well, I’ll second it.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign of voting.
Mr. Grantham out.
Motion carries 7-0.
Mr. Mayor: Next agenda item, Madame Clerk.
The Clerk:
OTHER BUSINESS
53. Discuss land acquisition for proposed Race Track. (Requested by Commissioner
Marion Williams)
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I asked for this to be put back on the agenda
again. We spoke with the Development Authority who owns, who’s minding I guess, the
property out on 56, some 1700 acres. Mr. Charrette I think his name is who had come forth who
was going to be an investor in this proposed project and here we are again, we’re talking about
going to Finance for $16,000 to try to do something for uh, James Brown because we got to look
at our budget, it’s just that close. We’re talking about a facility that will bring $30 million
dollars. We spent $25,000 of taxpayer’s money to do a study. The study came back just like we
thought it would. There’s a positive aspect for Augusta. It came back positive in every way. It
would generate over $30 million a year for one major event and not counting the local weekly
stuff. But we’re still dragging our feet. My question is, we voted to do this, where are we now?
Do we need to go to Finance and find the money to buy land if the Development Authority is
going to sit on that land out there for another twenty years? That’s fine with me. They’ve been
sitting on it for twenty years already and don’t even know who they’re talking to. They said in
the meeting they’re meeting people and don’t know no names. They don’t have no project in
mind. So if we can’t use that land are we going to sit back after we’ve done voted to go ahead
with the project or are we going to go to Finance with it, find the money, find investors. There’s
Mr. Charrette who offered a million dollars to go in this proposal. Mr. Russell, I think he spoke
with you along with another investor. Now we done spent $25,000 of the taxpayer’s money to
47
do a study that I said we didn’t need but we did it anyway. It came back very positive. The
same stuff was given to us but we did our own study and came back the identical same way and
it’s going to be a major impact on Finance. Now we’re talking about how much we love
Augusta and how much we want Augusta to grow and how we want to do some things we ought
to at least want to pitch in and do some positive economic dollars coming into this city.
Mr. Mayor: Okay.
Mr. Williams: So I guess I need to know from the Administrator what’s our next step.
Do we need to go to Finance or what with that?
Mr. Mayor: Mr. Russell.
Mr. Russell: As I mentioned last week, or at the last commission meeting we have
identified four pieces of property that are privately owned. I have not had any conversations
with those individuals since the last meeting but if you would like we could do that, determine if
those are actually on the market, what sales price they would be considering if at all and bring
those numbers back to you. I’m at sort of a dead end as far as until I receive some direction on,
on financing and what area you want me to go into there, but we have been able to identify those
areas and we can continue to pursue that if that’s the will of the commission.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor, wasn’t there a proposal to do a bond or some kind if that’s
what we need to do to either build this facility or to buy the land. I don’t know the finance
process but whatever process, I mean it’s been laying dormant nobody’s said it would as if it’s
going to go away. It’s not going to go away. I mean at least not for the next, for the rest of this
year it won’t go away. But ---
Mr. Mayor: On any, and I’m not opposed to Mr. Russell going out and speaking to the
property owners and putting a price on it. I think first with any project you got to know how
much it’s going to cost and dirt goes into that. You can’t really plan a project without knowing
how much it’s going to cost and I will say that ultimately to fund something like this it, it really
we would probably have to do a bond referendum and to mind as with past projects you have to
go the vote of the people or that’s one way to finance it. Mr. Shepard.
Mr. Shepard: Well, Mr. Mayor, members of the commission. We should talk about this
in a legal session I think because it’s A, acquisition of real estate and it would not result in a run
up of value and pricing in areas we want to go and that would you know would be a more
prudent way of doing it. We can discuss it out here, we can discuss it back there but I think if
you want the biggest bang for the public dollars we identify of some specificity this in Legal and
that is expressly a reason for having the exception of real property acquisition written into the
open meeting statute.
Mr. Mayor: Okay.
48
Mr. Williams: So do we move it to Legal Mr. Mayor? Is that what we need to do, take it
to legal?
Mr. Shepard: That would be my recommendation, Mr. Mayor.
Mr. Mayor: Okay. Do I have a motion to go into legal?
Mr. Williams: So moved.
Mr. Mayor: Is there a second?
Mr. Harper: Second.
Mr. Mayor: All right. Mr. Shepard.
Mr. Shepard: Mr. Mayor, there are a couple of other items to be accomplished I think
relatively quickly this afternoon. I didn’t know if Mr. Williams was limiting it to land
acquisition or if we could also discuss pending litigation, potential litigation and personnel if we
need to.
Mr. Mayor: Is there a motion in affect to that? Mr. Williams.
Mr. Williams: Restate that Mr. Shepard. What are you saying?
Mr. Shepard: I wanted to include this item at the end of the agenda in our usual legal
meeting.
Mr. Williams: That’s right, that’s right.
Mr. Mayor: Okay and we will have to, as I’m abiding by the retreat that we went through
obviously any legal meeting the commissioners had expressed an interest in not having them
within in commission meetings or prior to committee meetings. So that is obviously subject to a
vote of the commission. Okay, next agenda item, Madame Clerk.
The Clerk:
OTHER BUSINESS
54. Discuss the Administrator’s recommendation regarding the Recreation Department.
(Requested by Commissioner Williams)
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor, I need to, to, I just heard it from the Administrator but I think
it’s too little too late. I need to hear from him. We instructed the Administrator to go out and get
some, to bring us back the guidelines that’s going, that we were going to use for the Recreation
and Parks Department. Mr. Brigham also mentioned about the assistants in that department who
49
some of this fell on along with HR and that department as well. And that did not happen. I just
need to know from Mr. Russell was he not instructed in that manner or maybe I’m missing it Mr.
Mayor but I think this body in legal asked him to bring back. In fact he informed me that we
would bring it to the sub-committee, let us look at it, agree or not agree and then take it on to the
legal session. So I just need to know what was not the assistant director in recreation along with
HR supposed to have been? All that was supposed to have been brought back to this body.
Mr. Mayor: Mr. Russell.
Mr. Russell: The personnel and disciplinary action has not been completed against other
individuals or departments that might be involved in this. What my feeling was after the
discussion that we had was that the policy issue that we talked about was that unless the
recommendation was for termination that that would be my recommendation and the commission
would be involved only if there was an appeal of my recommendation at that particular point in
time. Commissioner Williams is absolutely right in the fact that I had said, and I can’t remember
if it was during, after or before. My assumption is after the meeting if we would run that
recommendation by him and the subcommittee, but as we listen to the um, and I said that, I’m
pretty sure I did. I remember that. As we sat there and talked about the procedure involved in
this particular situation it seemed to me that if my recommendation was not appealed it would
then become a moot action on the commission’s part.
Mr. Williams: Can I continue, Mr. Mayor?
Mr. Mayor: Mr. Williams.
Mr. Williams: Mr. Russell, your recommendation was not appealed because I guess for
obvious reasons, but you didn’t give us an opportunity as commissioners and we may have
agreed with that recommendations when you brought it to us. You went straight to the
department head with that. I just need to ask one question and that is why we’ve done so severe
um, measures on some employees, and I’m thinking about Ms. Smith when she was here versus
other employees when there was much more severe evidence of wrongdoing. Why are the
recommendations so different?
Mr. Russell: If you remember, Commissioner Williams, the recommendation, I did not
make a recommendation on Ms. Smith’s employment whatsoever. I was never asked to do so.
That was an action generated by the commission itself and that’s, this was one that I was given
the information to review and made a recommendation. That’s the difference in that process and
that’s why I did not make a recommendation in Ms. Smith’s case.
Mr. Williams: When were the other, Mr. Mayor, if I can continue. I, just now he said
there’s other ongoing, other actions going to be taken. Will that be brought to us before it’s
known or will that be the same way this last recommendation was done.
Mr. Russell: Because the other people are classified employees or um, it’s my feeling
based on our policy is that I am the one that would discipline those in those particular cases.
50
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Yes, sir, Mr. Mayor, and that was what I thought what we instructed Mr.
Russell to do in that other meeting that we had, that he would give those disciplinary actions to
Mr. Beck and handle the remaining ones that were in question based on his authority of those
employees.
Ms. Beard: Mr. Mayor.
Mr. Mayor: Ms. Beard.
Ms. Beard: May I ask how many employees we’re talking about?
Mr. Mayor: Mr. Russell, is that ---
Mr. Bowles: I don’t thank that’s appropriate.
Ms. Beard: It’s not appropriate?
Mr. Mayor: Well it’s, it’s no it’s personnel so I don’t think ---
Mr. Grantham: (INAUDIBLE)
Ms. Beard: Well, I, this is not the first time hearing about other employees.
Mr. Russell: I think we would begin to trespass on those persons at this particular point
in time and I’d rather do that in private because it would be a personnel action until taken.
Mr. Mayor: Absolutely. Commissioner Brigham.
Mr. Brigham: I make a motion we receive this as information.
Mr. Mayor: We have a motion to receive as information. Is there a second?
Mr. Williams: I’m going to second that but I have a comment, Mr. Mayor.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Grantham, Mr. Russell has already stated you know, a little bit
different from what you stated. We asked him to bring it back to legal ---
Mr. Grantham: (INAUDIBLE)
Mr. Williams: --- right I just wanted to be clear---
Mr. Grantham: --- his authority ---
51
Mr. Williams: --- in that meeting and I think we’re all in agreement. But we wanted to
see ---
Mr. Grantham: Right.
Mr. Williams: --- before something was done, what was going to be done to give us the
opportunity to agree or disagree. But that didn’t happen and he stated that.
Mr. Holland: Mr. Mayor, may I?
Mr. Mayor: Commissioner Holland.
Mr. Holland: Yeah, I’d like to ask Mr. Russell a question in reference to this same
situation. Since the decision has already been made in reference to Mr. Beck I’d like to know if
the commissioners are going to get a copy of uh, of that decision because I suggested to Mr.
Russell also to uh, to get the assistance of our EEO personnel to help with some of the
information that will be placed on this uh, on this disciplinary action and I’d like to know
whether or not he, if he did get with Ms. Darris to discuss this because we don’t know, you know
we don’t know what the disciplinary action states no more than what the 10-day suspension is
and there’s some other things that were supposed to be placed on that, on that disciplinary action
and we need to know what they are.
Mr. Mayor: Mr. Russell.
Mr. Russell: Right, I’d be more than happy to provide that information to you. Once
placed in his file it would be public information and I’d be more than happy to get that to you
within the next twenty-four hours.
Mr. Holland: Okay, let me ask one other.
Mr. Mayor: Okay.
Mr. Holland: Did you ask for the assistance of Ms. Diana Darris as we suggested to do
so because she has some very good information to share with you.
Mr. Russell: Ms. Darris will be involved as we look at some of the aspects um, of the
disciplinary action that involves a selection of specific training and monitoring. I have not had a
conversation with her about that but she will be involved as we do that as you would with
anybody who has that level of expertise.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign.
Motion carries 8-0.
52
Mr. Mayor: Okay, and prior to any vote to go into legal I believe we have to get back in
representatives from CH2MHill to go back to the tabled item which is item number 37.
The Clerk: You need a motion to take it off the table.
The Mayor: Can we get a motion ---
Mr. Williams: So moved.
Mr. Mayor: --- to take it off the table?
Mr. Williams: So moved.
Ms. Beard: Second.
Mr. Brigham: Are they ready to come back is my question.
Mr. Mayor: Lord, I hope so. Commissioners will now vote by the usual sign.
Mr. Holland: What are we voting on. To go into Legal?
Mr. Brigham: To take it off the table.
Mr. Mayor: Take it off the table and bring back in the to see ---
Motion carries 8-0.
Mr. Russell: Point of personal privilege while we’re waiting for them ---
Mr. Mayor: Mr. Russell.
Mr. Russell: --- to come back in the room. You have on your desks a letter from me
after several, almost two years of searching. I have a candidate to present to you as a candidate
for the H&D position. Most of you have had the opportunity to meet with that individual, his
resume is attached to the attached letter. We have been negotiating salary and we will be talking
about that in personnel. But I am required by law to give you that name fourteen days prior to
your being able to make that, Mr. Chester Wheeler from Macon who was working there. His
resume is attached and I would like to formerly give you that information on behalf of the
committee who did this search for this particular individual. Coach, did you, as the Chairman of
that did you have something you wanted to say?
Mr. Mayor: I will take a moment of personal privilege to say I hoped it helped in
recruitment efforts that our department heads after today now have severance packages. I
applaud the commission for approving that. That certainly will help with recruit and retention
efforts going forward.
53
Mr. Holland: Mr. Mayor, if you don’t mind.
Mr. Mayor: Commissioner Holland.
Mr. Holland: I would like to say that it’s about time we get someone in that particular
position but I would also like to commend Mr. Paul DeCamp who has been the interim director
in that position who has done an outstanding job and hopefully we’ll get this individual who’s
coming in now is going to pick up the baton and carry on and do an even better job than Mr.
DeCamp has done and to keep you and any of us from going back to Washington, D.C every
year.
Mr. Mayor: In one of those small planes.
Mr. Holland: Exactly.
Mr. Mayor: Okay. All right we’re back on agenda item number 37. If you could state
your name and address for the record, please, sir.
ENGINEERING SERVICES
37. Motion to approve the termination of the CH2MHill’s contract and place OMI on
notice that they are in breach of their contract. (Approved by Engineering Services
Committee March 12, 2007)
Mr. Maxwell: Commissioner, my name Mark Maxwell, I’m the president of
CH2MHill/OMI and I live in Englewood, Colorado. I do very much appreciate the opportunity
to speak to you. I do very much appreciate the opportunity to have dialogue with your
sponsorship with Mr. Johnson. I can say I think from our perspective this has taken way longer
that it should have and I apologize for that. I want you to know that right now today and for the
last several days I have been personally involved to help rectify this situation and I’ll stay
personally involved until we either close our discussions and negotiations or we determine we
can’t. We have given Mr. Johnson a revised reemployment offer. It has addressed some of his
concerns, we do not know yet it if addresses every one of those. As you can expect we’re getting
down to the situation where probably both parties engaged, Human Resources professionals and
or Attorneys and that takes some time. And um, you have on behalf of my commitment as a
company that we’re going to invest my own time and everybody else’s time to try and close this
as rapidly as we can. And I’m just reporting back, we need a little bit more time, I think it’s fair
to ask Mr. Johnson how he views the situation right now and um, if he’s amenable, I’m amenable
in the full resources of our organization are amenable to rally around to help address this and try
to solve it. And I appreciate your willingness to give us that opportunity.
Mr. Mayor: Thank you for making the trip. Commissioner Williams.
Mr. Williams: Mr. Mayor, it didn’t take but two days to do this and now we’re taking
two months to, to try and undo it. I’m going to go ahead and make this motion that we go ahead
and follow the agenda item to go ahead an end this contract. All we’re doing is playing in the
wind here, blowing every which way. I don’t about Mr. Johnson but it took two days after we
54
approved this contract for this firm to come back and just blatantly just, just wipe him off the
map just like it wasn’t there. And I think this city has been more than generous, we’ve been
more than kind, we’ve been more than fair to do that. And they know where our hearts are and
we, and this wasn’t something that was just put together, we talked about this for several days
and wrote names in to make sure that people wouldn’t be mistreated like they’re being
So my motion is to go ahead and follow the agenda item and to deny this
mistreated now.
contract Mr. Mayor.
Mr. Mayor: Is there a second?
Mr. Harper: Second.
Mr. Mayor: Motion and a second. Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor, and I hear what you’re saying. I feel like that
you know, we have brought that attention to not only the company but to Mr. Johnson and we are
doing no less by terminating this contract right now today without allowing Mr. Johnson and
CH2MHill to get together than what was done to him previously. And what we’re doing when
we terminate this contract that terminates all and any negotiations that Mr. Johnson may have
with CH2MHill. So we’re putting him out in the streets just like they did to start with. And I
don’t think we owe that to him or to this company to do that and I feel like that if they can bring
us back the decision within a reasonable time and I would like to even ask for a time then that I,
than I could feel more comfortable in making that decision when they reach their compromising
th
decision either in two weeks if that’s the case. We’re going to meet on April the 9 and I think
that we should demand that that be resolved by that time and in doing so than we are in a sense
helping to protect Mr. Johnson otherwise we’re putting him out. I’m going to make that as an
amended motion, Mr. Mayor.
Mr. Mayor: Okay the substitute motion to?
th
Mr. Grantham: To have the decision by April the 9 and to have them work it out. If no
decision’s made by that time then we will take immediate action to do what’s necessary.
Mr. Mayor: And terminate the contract.
Mr. Grantham: Exactly.
Mr. Mayor: Okay. Before we move forward a lot of folks have their hands up. I would
like to hear from Mr. Johnson.
Mr. Holland: That’s what I was going to ask.
Mr. Grantham: I did too. I want to hear him.
Mr. Johnson: Good afternoon. I’m Tony Johnson. I live at 2100 Linkcastle Court in
Duluth, Georgia 30097. Thank you, Mr. Mayor and members of the commission. Um, the
55
discussions that we had um, you know what they laid out was interesting. We made some
progress and I laid it out like that to them. Some progress. And I also shared with them I still
don’t have or feel like I have a level of comfort and security at this time but you know, I will
respect whatever the decision is from this government body and I will, whatever it is I will work
within those parameters and um, I’m prepared either way it goes. I’m prepared. Since February
th
9 I’ve looked at all my options so understanding that may come to a termination or it may come
to a reinstatement. I also think that, and you know this issue is much bigger than me and I think
that I just haven’t seen a whole lot of discussion on the bigger issue and that breaks down to
morals and ethics and um, you know I’ve worked real hard for this company for seven years,
developed, when you look at renewals and new business, you know generated by $42 million in
revenue. My last three performance evaluations, two exceeds expectations, one meets so you
th
can imagine what a shock it was for me on February 9 when I’m told my post is being
eliminated knowing what I put into this. And so now here we are and you know I’m looking at
this revised agreement. I mean I received the best and final on Saturday and so when that didn’t
get me the level of comfort and security I needed I fired a memo off to ya’ll to let ya’ll know
where I was. And so now we have a revised offer, I don’t know what you call it beyond best and
final but here we are and um, you know and you know I just, you know I don’t know right now
and again the bigger issue is you know most of the $70 million is what I generated you know
cause we, you know ya’ll have had us here since ’98, since 1998 ya’ll paid us somewhere
between $70 and $72 million dollars. And so when you look at that in that context and most of
that work was awarded sole source, no competitive bidding no nothing and I shouldn’t say no
nothing but it was sole sourced. And so you know, again the bigger issue is you know to me is,
is you have something that is preplanned and then carried out and I shared, you know
information you know about this in the Engineering Services Committee and I gave Ms. Bonner
a copy of the document, I mean you had a situation that was preplanned um, knowing where we
nd
were going I got the, you know the contracts approved, you know one on January 2for $6.7
th
million and another on February 6 for $1.35 million so, you know just looking at that knowing
that, you know they intended all along to terminate me, that still bothers me and then to use me
and ya’ll to get the money approved and then just toss me away like a dirty rag, that still bothers
me. So to me this is much bigger than this issue right here of our dispute and I just feel there’s
been no discussion on that and I don’t know if there will be today but, you know um, and then,
you know going further you know, after that episode then there was the material breach of the
key man, the key personnel covenant in this contract. And we talked the day, we’ve talked about
this key man covenant. We helped write it, we spent time on it and, and, and we talked about it
the day I was let go. And the feedback I got was, was disappointing. I just felt like that language
didn’t mean, it meant a lot to me. But these are the issues that I’m struggling with internally.
So, you know as we move forward or however we move forward, you know I’m willing and I’m
going to respect whatever decision ya’ll make and I’ll learn to work with it whatever it is but,
you know we did, you know make some progress in that meeting but I still, and I’ve shared this
with them, I still don’t have the uh, comfort level that I’m looking for and it’s up to ya’ll, I mean
whatever ya’ll decide I’m going to live with but it’s really up to ya’ll at this point.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor, and I hear Mr. Johnson hard and I respect him but
I don’t think this government can stop doing what’s right and I’ve been preaching that since I’ve
56
been here. And folks ain’t got to understand it they ain’t got to like it. But doing what’s right by
people and here we are we done gave chance after chance after chance and we do that for some
folks and for some folks we don’t. And it’s time for us now to take the ball and run with it. My
motion is go ahead and terminate the contract but how can Mr. Johnson even consider going
back to work for a company like this, I mean from now on he don’t know what’s going to be
behind the next door. I mean whether this government or any government and, and, and we
didn’t do it. I don’t feel bad at all. But we didn’t, but this government stood up and always does
what it’s supposed to do, pay what it’s supposed to pay. We get robbed a lot of times not by this
company but by other entities and we always pay and we’ve been straightforward. So motion
still stands Mr. Mayor and that’s why ---
Mr. Mayor: Okay. Commissioner Bowles.
Mr. Bowles: Yes, Mr. Mayor. My concern about this besides what’s already been
discussed is the transition plan. You know I’ve received on page of documentation. I don’t see a
transition plan. We know if it’s going to take five or six months to go out for an RFP than the
decision process to replace it. So I think to terminate and create a bad environment for
Engineering Department would be a little hasty decision so I think before I can vote on this I
would have to come up with some sort of transitional plan and how the utilities and engineering
services would operate without them or if they’re going to operate with them for an extended
period and then we could transition them out.
Mr. Mayor: Commissioner Holland.
Mr. Holland: Yes, sir, Mr. Mayor, thank you. I think one of the things that concerns me
more than anything is that when Mr. Johnson was here and we voted on $1,300,000 for this
company and then he went back to Atlanta and when he got back to Atlanta he was told that he
was let go. It appears to me that this was a totally preconceived plan to let this gentleman go
prior to him even coming to Augusta for the voting on the project that we had for that particular
day. The other thing that concerns me more than anything, this gentleman has worked for this
company and he has with this company provided scholarships for kids throughout this city.
Different schools, students have gotten scholarships from this particular company and now we’re
looking at the possibility of not getting scholarships for those young people. And I just think
he’s been treated totally and completely unfair. That has not been a professional way of
handling this and to treat someone like this is totally unprofessional and I think this gentleman
deserves more. And I know it’s frustrating with him now cause he’s not getting paid, you know
he has a family, you know and it’s not fair for him to be treated like that. And if they had an idea
that he was going to be let go from the beginning they should have mentioned that to him prior to
coming to Augusta. It’s like coming here and getting what you can get from this city and then
going back home and say well it’s all over for you. And that was not fair to him, you know this
company, this government has to really, really look at these kinds of things because if you treat
an individual employee like that how are you going to treat this government.
Mr. Mayor: Commissioner Harper.
57
Mr. Harper: Thank you, Mr. Mayor. Once again my position is clear. Thirty days, about
thirty days ago we spoke to, the program manager stood before us. Everybody on this, on this
dias had a chance to question him and he was told to come back and bring us something that we
could work with. And um, even with that said there was a motion made then and it was five
votes, one vote away from terminating this contract. So he saw what was on the dias right then
and there. And we told him to come back thirty days later bring us something back. He back to
committee about two weeks ago, he didn’t bring us nothing back nothing even closely remotely
working anything out with this man. And it’s like I said, it’s not about him it’s about a material
breach that was caused by the company not by us. Most of the commissioners, I know on the
Engineering Services Committee all members were present cause it was unanimously voted on to
terminate the contract. And some commissioners said they didn’t even sit in on the discussion
but the fact of the matter is they were given thirty days to come with something, we don’t have
nothing now you want to give them another, I don’t care how many days, thirty, I mean when is
time up. When is enough going to be enough? Could they actually stand up here at this mike
and tell us yeah Bernard we can reach a decision in two days, three days? I don’t think he’s
asking for a whole lot, probably a binding agreement if nothing else if he’s smart. But the fact of
the matter is they did us wrong, we didn’t do them wrong. That’s why we’re at this point today.
They breached the contract and it’s plain and simple cause everybody has a copy what the
language states in that contract so ya’ll can prolong it, ya’ll can cupcake it do whatever you want
to do. My colleague made a motion to terminate it and I’m standing by my colleague on that
second.
Mr. Mayor: Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. I’d like to ask Mr. Johnson a question.
Mr. Mayor: Okay. Mr. Johnson.
Mr. Smith: Mr. Johnson, is it possible to work this out as far as you’re concerned? Is it
doable or are you just pretty well resigned to the fact?
Mr. Johnson: Commissioner Smith, as I stated anything is possible and I shared that with
them, I mean cause they asked me the same thing in the meeting and my feedback to them was,
you know anything, you know is possible. And, you know it’s really, at this point it’s up to ya’ll
in terms of what direction this goes in and as I stated before whatever the decision is I’m going
to respect it and I’m going to find a way to work within those parameters.
Mr. Smith: What we do respects them but how does it respect you?
th,
Mr. Johnson: Since February 9 sir, I’m prepared for all options. I’ve been real grateful
to develop a lot of good relationships, not only in Augusta but in metro Atlanta so since that time
I’ve been able to pick up some consulting work and I’ve been able to, you know no matter, you
know I’m prepared for every option, you know whether it’s termination or if it’s reinstatement or
consulting agreement with CH2MHill or my uh, and you know again it’s really, you know up to
ya’ll in terms of what direction we go.
58
Mr. Smith: Thank you.
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. Again my point was not necessarily to protect
the company but to protect who I consider to be my friend, Tony Johnson more than anything
else. And that was my intention in making my recommendation that they continue to try to get
together and try to work something out because I feel like we’re looking in his best interest in
that regards than we by throwing the baby out with the bath water. So I would even like to put a
little, I would amend my substitute motion with some teeth in it that might go like this and I’ll
make this amended motion that we expect a resolve to this arrangement between Mr. Johnson
ththth
and CH2MHill/OMI on our meeting date of August the 9, April the 9 excuse me, April the 9
and if that is not made at that time than we terminate the contract effective December 31, 2007
giving us ample time to go through the necessary steps of replacement and transition of
OMI/CH2MHill.
Mr. Mayor: Commissioner Beard.
Ms. Beard: Mr. Mayor, it concerns me that this company thinks it’s okay to do what they
want to do with the contract. To not follow what we have been given at the beginning. I think
that’s total disrespect for us. It took time for us commissioners to put that together and we
expected the entire contract to through, through what, 2009. Now I don’t think this is about him
and I am so happy we’re all supporting him because of the job he’s done. But when other
companies such as Thompson Wrecking, such a minor thing came to us they took us to court.
Do we always allow this to happen and to people we have felt have done a great job for more
than that you said, if anything was changed in that contract you would bring it before the owners
before it took place. Now this is very simple to me. You have a contract in place, you have
benefited greatly. I know companies waiting in the background who could take over next week.
I ask something very simple, go back and give him what he had. Leave the contract as it was and
if you want to increase his salary a little you may. (LAUGHTER) But that’s my request.
Mr. Mayor: Okay, I think everybody’s had --- Mr. Shepard.
Mr. Shepard: I would appreciate a few minutes in legal to give some suggestions to the
commission on this particular matter. You could, I’m not going to keep you long, I promise but
I’d like to discuss this in legal. I don’t want to express it out here on the floor. I think it’s got
potential litigation written all over it, it’s got personnel written all over it, it could be legally
talked about in ---
Mr. Mayor: Okay, we have a substitute motion and an original motion both on the floor
but I will now entertain a motion to go to legal to discuss this. Actually I think we need another
motion to discuss real estate, personnel or --- Mr. Shepard.
Mr. Shepard: Would you please table the matter again and then let us take up the legal
meeting and then we’ll be back in here. I promise I will be as fast as I can ---
59
Mr. Mayor: Can I get a motion to table?
Mr. Grantham: So moved.
Mr. Mayor: Now I need a motion to go to legal, Mr. Shepard, with the parameters.
Mr. Shepard: The parameters being acquisition of real estate, personnel, potential
litigation and pending litigation, the usual topics.
Mr. Mayor: Can I get a motion to that effect?
Mr. Smith: So moved.
Mr. Mayor: We have a motion. Is there a second?
Mr. Grantham: Second.
Mr. Mayor: Commissioners will now vote by the usual sign.
Mr. Williams vote Present.
Motion carries 7-0.
Mr. Mayor: And ya’ll if we could get into legal as quickly as we could cause I don’t
want to lose our quorum.
Mr. Grantham: Let’s go.
[LEGAL MEETING]
58.Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia’s Open Meeting Act.
Mr. Shepard: Can we first give you authority to sign the closed meeting affidavit, Mr.
Mayor?
Mr. Mayor: Yes.
Mr. Shepard: And that would be covering the topics of real estate, potential litigation and
personnel.
Mr. Mayor: Can we get a motion on the closed meeting affidavit?
Mr. Grantham: So move.
Mr. Williams: Second.
60
Motion carries 8-0.
Mr. Shepard: Mr. Mayor.
Mr. Mayor: Mr. Shepard.
Mr. Shepard: Can we revisit item number 47 on the agenda, please, and allow the parties
to put on the record the essence of the gentlemen’s agreement which was brokered by Mayor Pro
Tem Beard?
Mr. Williams: Mr. Mayor.
Mr. Mayor: Commissioner Williams.
th
Mr. Williams: I though we was going to see the information and come back on the 28
and then whatever gentlemen’s agreement they’ve got ought to be brought back to us then.
Mr. Mayor: And, exactly, I think, Mr. Williams, the idea here is to go ahead and let them
give the spirit of the agreement but the approval would be next week. We’ll receive that as
information. Okay, gentlemen.
Mr. Maxwell: Thank you again for the opportunity to help us all. We presented Tony a
revised reemployment letter this afternoon. He’s had a relatively short time to review it. We’ve
worked through that with the help of Commissioner Beard. There are four items that we need to,
we’ve come to a gentleman’s agreement, we just need to wrap the appropriate language around
that and Tony appropriately has asked to have his legal counsel review those. Those are around
annual merit increases, other assignments that he has the opportunity and desire to pursue, a
separation payment should something go bad and office space in our Atlanta office. We’ve
come to an agreement in principle to how we will address those consistent with Commissioner
Williams, we are going to embrace this and wrap it with a revised employment letter that reflects
our agreements and understandings.
Mr. Johnson: The other item was the deadline and as I shared with Mark and
th
Commissioner Beard, I can’t go beyond whatever the deadline is, the 28, I mean I can’t do this
anymore.
Mr. Mayor: Okay. Let me just say this, Madam Clerk, can I go ahead and get the
approval of that contract on next week’s agenda and we will, it’s either we have a contract to
approve or the alternative that’s been discussed will take place and I would just look for a motion
to receive -- Commissioner Williams.
Mr. Williams: Mr. Mayor, I think it need to be stated just a little bit different and I think
th
that the motion should be that if it’s not completed by the 28, the next meeting day, then it is
terminated. We won’t have to come back and go through this same thing over and over again.
We’ve been dancing with this thing for almost two months so I think that if it’s not in effect, if
they haven’t come to an agreement, then that violates the agreement itself already, I mean, it’s
61
been violated several times but that means it don’t come back here no more, it’s out the door.
Either do or die today and it will be confirmed with the letter or with the agreement that comes
th
back on the 28.
Mr. Mayor: Bottom line, it’s either have it worked out in writing by next Wednesday’s
meeting or the contract will be terminated.
Mr. Holland: Mr. Mayor, may I ask a question also?
Mr. Mayor: Commissioner Holland.
Mr. Holland: Will back pay be included in that?
Mr. Maxwell: Yes, that was already offered and is included in the arrangement back to
th
February 12.
Mr. Mayor: Okay. Can I get a motion to that effect?
Mr. Brigham: I move we receive this motion as information.
Mr. Grantham: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Mr. Williams: Receive this as information, Mr. Mayor, until next Wednesday.
Mr. Mayor: Exactly. Then commissioners will vote by the usual sign.
Motion carries 8-0.
Mr. Mayor: Mr. Shepard, do you ---
Mr. Shepard: Nothing further to bring before the body at this time. Thank you.
Mr. Mayor: We’ll stand adjourned.
[MEETING ADJOURNED]
Lena Bonner
Clerk of Commission
62
CERTIFICATION:
I, Lena 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
March 20, 2007.
______________________________
Clerk of Commission
63