HomeMy WebLinkAboutCommissioner Meeting September 4, 2007
REGULAR MEETING COMMISSION CHAMBER
SEPTEMBER 4, 2007
Augusta Richmond County Commission convened at 2:00 p.m., September 4, 2007, the
Hon. Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Holland, Smith, Harper, Grantham, Williams, Cheek, Bowles and
Brigham, members of Augusta Richmond County Commission.
ABSENT: Hons. Beard and Hatney, members of Augusta Richmond County
Commission.
The invocation was given by Dr. George Robertson, Pastor First Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: George, we have a little something for you as Chaplain of the Day. If you’ll
come forward. Office of the Mayor. By these present be it known, Dr. George Robertson,
Pastor of First Presbyterian Church is Chaplain of the Day for his civic and spiritual guidance
demonstrated throughout the community and serves as an example for all of the faith
th
community. Given unto my hand this 4 Day of September 2007. Thank you for that wonderful
prayer.
Before getting into the delegations I’m going to go to the consent agenda. I know we
have a time sensitive issue there that, Buster, wherever you might be we need to get it done for
you but that being said in going to the consent agenda, Madame Clerk?
The Clerk: Yes, sir, Mr. Mayor. The consent agenda consists of items 1-29, items 1-29.
There are two Planning items are second reading. There are no alcohol petitions in our Public
Services portion of the agenda. Consent agenda items 1-29.
Mr. Mayor: Okay, do we have any additions to the consent agenda? Commissioner
Brigham.
Mr. Brigham: Mr. Mayor, I believe we can add item number 36 to the consent agenda.
And what I saw at the public hearing on the Voice over Internet Protocol hearing I think we
could probably add 38 to the consent agenda also.
Mr. Grantham: And 39.
Mr. Brigham: I don’t have a problem with adding 37 to it.
The Clerk: Which item was that, Mr. Brigham?
The Mayor: Thirty-nine.
1
The Clerk: Thirty-nine?
Mr. Brigham: I think we ought to wait ---
Mr. Mayor: Yeah, I think until we have legal. Okay, do we have any further additions to
the consent agenda? Okay, do we---
Mr. Williams: What were those again, Mr. Mayor?
Mr. Mayor: Thirty-six and thirty-eight.
Mr. Grantham: I have a question on that one.
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: What about the item 34 that’s a pass through grant for the Joseph Lamar
Home, Mach Academy and the others there. If we’ve supported it all along with those grants ---.
Y’all got any problems with that?
Mr. Mayor: Anybody? Okay, the additions are 34, 36 and 38. Do we have any further
additions?
Mr. Cheek: How about ---
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: We can’t get 37 on that, Mr. Mayor?
Mr. Mayor: Does anybody have a problem with 37 being added to the consent? Okay,
so items added 34, 36, 37 and 38. Are there any items to be pulled for discussion? We’re now
going to be pulling for discussion?
Mr. Williams: Mr. Mayor, I’d like to ---
Mr. Mayor: Commissioner Williams.
Mr. Williams: I’d like to get clear on number 12 and uh, I’ve got a question on 25 just to
be clear on that, 12 and 25.
Mr. Mayor: Okay. Any further items to be pulled for discussion? Okay, hearing none --
-
Mr. Russell: Mr. Mayor?
Mr. Mayor: Mr. Russell.
2
Mr. Russell: On item 7 we have the warranty information that was requested in
committee. If you’d like to pull that and listen to that it is available on the five-year warranty for
the chiller and we’ve got that information available.
Mr. Mayor: Okay. Commissioner Grantham.
Mr. Grantham: I was just going to approve on that. That was the information we asked
for?
Mr. Russell: Yes, sir.
Mr. Grantham: Based on the warranty we have five-years. So are you saying that leave
it on consent?
Mr. Russell: I’m saying that information, the information you requested if you have any
discussion about that, that’s what you requested.
The Clerk: The motion was subject to the presentation ---
Mr. Grantham: Right.
Mr. Mayor: Okay.
The Clerk: --- of the information.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Would that be left on so we can find out the other details. You’re talking
about the chiller but there’s some other things that came into play. The chiller was one factor but
the warranty with the labor and that kind of thing wasn’t disclosed to us and we was trying to get
some information as to what was all there. The chiller’s one thing, that’s just one part. Is that
the only warranty we got?
Mr. Mayor: Mr. Russell.
Mr. Russell: Mr. Munger’s here to respond to that if you want to do that as well.
Mr. Williams: Well, we can just leave it, Mr. Mayor. We’ll just talk about it and I’m in
support I think we weren’t going to do this but at the same time we don’t want to approve
something and not knowing whether we have no warranty or what warranty do we have.
Mr. Mayor: Okay. So we’ll go ahead and pull it and address it.
Mr. Grantham: Are we going to pull it or leave it?
Mr. Mayor: Commissioner Williams, pull it?
3
Mr. Williams: Yeah, we’ll do that.
Mr. Mayor: Okay. If there are no further items to be added to or to be pulled for
discussion, Madam Clerk just for clarity could you read back those items.
The Clerk: Yes, sir. Consent agenda consists of items 1-29 with the addition of items 34,
36, 37, 38 and the pulling for further discussion item number 7 and 12.
Mr. Mayor: And twenty-five. Okay, I would look for a motion to approve the consent
agenda.
Mr. Grantham: So moved.
Mr. Cheek: Second.
CONSENT AGENDA
PLANNING
1. ZA-R-180 – A request for concurrence with the Augusta-Richmond Planning
Commission to approve an amendment to the Comprehensive Zoning Ordinance for
Augusta-Richmond County which would amend Section 22-3 (General Business Zone) of
the Ordinance entitled “Maximum Height” to include professional or commercial buildings
or structures in the B-2 zone. (Approved by the Commission Augusta 21, 2007 – second
reading)
2. ZA-R-181 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve an amendment to the Comprehensive Zoning Ordinance for
Augusta-Richmond County which would amend Sections R-1D and R-1E (One-family
Residential) of the Ordinance entitled “Front setback” by increasing the front setback on
minor streets for patio home developments in these zoning classification. (Approved by the
Commission August 21, 2007 – second reading)
PUBLIC SERVICES
3. Motion to accept bid in the amount of $124,145.00 for Airfield Lighting and Signage at
Daniel Field Airport. (Approved by Public Services Committee August 27, 2007)
4. Motion to accept bid in the amount of $129,270 for Security Fencing at Daniel Field
Airport. (Approved by Public Services Committee August 27, 2007)
5. Motion to approve Change Order No. 1 to the Beam’s Contracting, Inc. contract at
Augusta Regional Airport. (Approved by Public Services Committee August 27, 2007)
6. Motion to approve the not-to-exceed amount of $350,000 for the purchase of new
furniture for the New Terminal Project at Augusta Regional Airport. (Approved by Public
Services Committee August 27, 2007)
8. Motion to approve request to accept the assistance award from the Department of
Homeland Security – Transportation Security Administration. (Approved by Public
Services Committee August 27, 2007)
4
PUBLIC SAFETY
9. Motion to approve the selection of Stage Front Presentations Systems for RFP Item #07-
129, Commission Presentation System. (Approved by Public Safety Committee August 27,
2007)
FINANCE
10. Motion to approve a request from Michael Dunbar of 2823 Crosscreek Road for a
refund of overpaid property taxes. (Approved by Finance Committee August 27, 2007)
11. Motion to approve request for the purchase of 21 Digital Camera Units for installation
in Sheriff’s Office Road Patrol and Traffic Cars. (Approved by Finance Committee August
27, 2007)
ENGINEERING SERVICES
13. Motion to approve a construction contract to Blair Construction, Inc. who submitted a
low bid of $2,537,304.91 to construct the sewer and water improvements in the
Meadowbrook Drive Sewer Pocket and surrounding area. (Approved by Engineering
Services Committee August 27, 2007)
14. Motion to approve Project Framework Agreement for SR 28 at Laney Walker Blvd &
Riverfront Dr. for Utility relocation (Approved by Engineering Services Committee August
27, 2007
15. Motion to award of purchase of two bulldozers for the Solid Waste Department to
Yancey Brothers Equipment. (Approved by Engineering Services Committee August 27,
2007)
16. Motion to approve the lease of 304 square feet of additional office space for the
Engineering Section of the Augusta Utilities Department of the first floor of The New South
Building, 360 Bay Street. (Approved by Engineering Services Committee August 27, 2007)
17. Motion to authorize condemnation of a portion of Property #139-0-279-00-0 3812
Karleen Road, which is owned by Mary Ann Day and Ronell M. Day, for 6,322 Square Feet
of Permanent Easement and 2,893 Square Feet of Temporary Easement. AUD Project:
Horsepen Sanitary Sewer, Phase 2. (Approved by Engineering Services Committee August
13, 2007)
18. Motion to authorize condemnation of a portion of Property #139-0-278-00-0 3810
Karleen Road, which is owned by Mary Ann Day and Ronell M. Day, for 207 Square Feet
of Temporary Easement and 71 Square Feet of Permanent Easement. AUD Project:
Horsepen Sanitary Sewer, Phase 2. (Approved by Engineering Services Committee August
13, 2007)
19. Motion to authorize condemnation of a portion of property #099-0-068-00-0 Nixon
Road, which is owned by Estes Express Lines, for 7,672 Square Feet of Permanent
Easement and 7,229 Square Feet of Temporary Easement. AUD Project: Doug Barnard
Parkway Water Main. (Approved by Engineering Services Committee August 13, 2007)
20. Motion to authorize condemnation of a portion of Property #139-0-280-00-0 3814
Karleen Road, which is owned by Mary Ann Day, for 748 Square Feet of Permanent
Easement and 677 Square Feet of Temporary Easement. AUD Project: Horsepen Sanitary
Sewer, Phase 2. (Approved by Engineering Services Committee August 13, 2007)
21. Motion to authorize condemnation of a portion of Property #129-0-003-01-0 Tobacco
Road, which is owned by Fred McNeal, for 4,229 Square Feet of Permanent Easement and
5
4,437 Square Feet of Temporary Easement. AUD Project: Horsepen Sanitary Sewer, Phase
2. (Approved by Engineering Services Committee August 13, 2007)
22. Motion to authorize condemnation of a portion of property #053-0-086-01-0 1745
Barton Chapel Road, which is owned by Starette Trucking Company, for 18,485 square
feet of temporary easement. AUD Project: 630 Water Main, Phase 2. (Approved by
Engineering Services Committee August 13, 2007)
23. Motion to authorize condemnation of a portion of property #067-0-044-00-0 2315
Gordon Highway, which is owned by Starette Trucking Company, Inc., for 44,596 Square
Feet of Permanent Easement and 30,086 Square Feet of Temporary Easement. AUD
Project: 630 Water Main, Phase 2. (Approved by Engineering Services Committee August
13, 207)
24. Motion to authorize condemnation of a portion of property #055-1-031-00-0 3196 River
Oak Road, which is owned by Valley Park of Augusta, Inc., for 4,325 Square Feet of
Permanent Easement and 4,330 Square Feet of Temporary Easement. AUD Project: 630
Water Main, Phase 2. (Approved by Engineering Services Committee August 13, 2007)
26. Motion to approve the award of construction contract to Blair Construction, Inc. in the
amount of $329,331.31 for the resurfacing of Hephzibah-McBean Road, subject to receipt
of signed contracts and proper bonds for the Engineering Department. (Approved by
Engineering Services Committee August 27, 2007)
27. Motion to approve execution of the three (3) Project Framework Agreement (PFA)
documents from the Georgia Department of Transportation (GDOT) on the Windsor
Springs Road Phase IV project from Willis Foreman Road to Tobacco Road, CPB# 323-04-
299823766. The agreement states that GDOT will fund and acquire the rights of way on the
Windsor Spring Road Phase IV project. (Approved by Engineering Services Committee
August 27, 2007)
PETITIONS AND COMMUNICATIONS
28. Motion to approve the minutes of the regular meeting of the Commission held August
21, 2007)
APPOINTMENTS
29. Motion to approve the appointment of Mr. James Rouse, Mayoral appointment as ex-
officio member of the Housing and Economic Development Citizens Advisory Committee.
PETITIONS AND COMMUNICATIONS
34. Motion to approve 2008 Georgia Department of Community Affairs pass through grant
awards for Joseph Lamar Boyhood Home, Mach Academy, American Red Cross, Augusta
State University, ARC and Lucy C. Laney Museum
.
36. Resolution of condolences for former First Ward City Councilwoman Inez Wylds.
ATTORNEY
37. Motion to approve and execute the license agreement for access, ingress and egress
across property of Georgia Power Company (Project: AUD Main Interceptor Sewer;
Contractor Oscar Renda, Inc.) and ratify authorization letter regarding same.
6
38. Motion to approve a Resolution to impose a $1.50 per month charge for each landline
and VoIP (Voice over Internet Protocol) Service for subscribers having billing addresses in
Augusta, Georgia, also known as Augusta-Richmond County.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Motion carries 8-0. [Items 1-6, 8-11, 13-24, 26-29, 34, 36-38]
The Clerk: And it has been brought to my attention they will not be present at today’s
meeting.
Mr. Mayor: Okay, I take it we’ve got the resolution that I need to execute. All righty,
Madam Clerk, now we can go to the delegations prior to going back to the agenda.
The Clerk:
DELEGATIONS
A. Mr. Claude L. Harris, Sr. RE: Millage Rate and Tax Assessor’s Board.
Mr. Mayor: And, Mr. Harris, if you could keep it to five-minutes please sir.
nd
Mr. Harris: I appreciate this time (INAUDIBLE) the 22 of this month for an appeal I
have on my taxes increase 2007. My appeal was denied (INAUDIBLE) provides --- uniform fair
market value --- provides the Augusta Commission --- information to levy my property taxes.
Not only that the --- and then the other two were appointed by the commission. My concern is
the same people that are working for the county I found by looking back through my records I
found that there is some, I can’t say some misappropriation of funds but I can say that they have
been mishandled of how they go about --- and land values in Richmond County. For example in
2005 my taxes went up 24% once again in 2007. I bought a house in 1996. It was valued then at
$199,000 today it’s worth according to the --- $370,000 plus some change. I don’t have a
problem if I can get --- don’t have no problem with that. I don’t mind the taxes but my concern
is this that they raised my taxes and I feel the first time in 2005 --- The raised my taxes again in
2007 I feel like. But I went back and their tax office pulled all my taxes records for --- the
square footage on my home in 2000/2007, they went up like the stock market. The land value
went from $33,000 to $30,000 to $45,000 like the stock market. And what my taxes are based
on what they tell you are --- set the millage rate are what they tell you, what they give you.
Based on the --- I can pay the taxes. (INAUDIBLE)--- so I can pay the taxes. My concern is
just not me, but I --- to thousands of people and I pass a lot of these folks that come out of the
inner city who are losing their homes because the tax increases since 2005. And we’re buying
property in the inner city with --- community with my church and investment club. What bothers
me Mr. Mayor and why I wanted to come today is just let you all know the people that’s working
for us, the system they have is not a fair system and it needs to be evaluated, reevaluated and I
think there needs to be someone to look into ---. Now I hate to say this but here’s the problem I
have. I deal with a --- congregation --- the majority are Spanish, African Americans but I was
privy to coming up during the struggle and I understand --- and when I saw these tax rates
7
increase my concern was to bring it to your attention in that I --- institution where you raise these
taxes in certain areas to rid of the, clean out certain areas of the city so these folks you can just
turn them around and move them around in certain areas where the tax base or the rate base has
changed. Right now according to the state statistics Richmond County is over 57% black ---
that’s mainly inner city Augusta. But with the changes I’m seeing now, the houses being lost
and the tax levees and folks are losing their property in the inner city that ratio has changed and
it’s really bothering me because I’ve got --- not only a lot of folk downtown but a lot of other
folks with conscience that their jobs, salary is set so the taxes are going up and they can’t make
that compensation. They can’t make those. My thing to you today is let’s stop what I call
institutional racism --- for underprivileged black folks --- the inner city out of section 8 housing
and further out to move another face into the city. The millage rate, I pay taxes --- I understand
that. But the problem I have Mr. Mayor why don’t you all look at the other alternatives rather
than raising the property taxes so that these folks from the inner city and their income decides
where they can live and where they can not live. Why don’t you look at the alternative like sales
taxes. Now we’re from the inner city we’re in, you don’t want to use that either --- against our
kids and make our area worse.
Mr. Mayor: Yes, sir.
Mr. Harris: You don’t want that to happen but something has got to happen on this tax
assessment because they’re actually ruining our city.
Mr. Mayor: Okay, and I’m sorry, sir, but the five-minutes is up but I very much
appreciate your input on this issue. I know that we’ve got Mr. Hicks who’s working on getting
all the assessments straightened out but I do appreciate your time in giving that information to
us. Madame Clerk.
The Clerk:
DELEGATIONS
B. Mr. Kirby L. Turner, President, Blacks Against Black Crimes, Inc. (BABC) RE: Views
of BABC on the crimes in Richmond County.
Mr. Mayor: Mr. Turner, if you could just keep it to five-minutes as well, please, sir.
Mr. Kirby: Thank you. Good evening, Mr. Mayor and commissioners. My name is
Kirby Turner. I’m the new elected president of Blacks Against Black Crime. You all know me
from Ms. Barbara Thurman. And I was elected in June and we have a task. What we’re trying
to do is make awareness and I want to thank you all for having me. The time to be able to
express the views we have and be able to talk with the people within the city. First I’d like to
speak about the Mayor’s breakfast. It was the first one that I attended and it was a lot of prayers
that was said a lot of scripture that was read and everybody who spoke they had something to
say. They talked about our government, they prayed for the commissioners they prayed for the
Mayor they prayed for the city which I thought was really revelating to hear this and be a part of
it. And out of all the prayers and all the scriptures one that took me very, touched me I want to
bring forth to you. It’s John 13.34/35. He said new --- I give to you that you love one another as
8
I have loved you that that you also love one another. By this all will know that you are my
disciples if you have love for one another. And what I took that that said I, the part that is for the
body to work the head has to be together. And you all being our disciples our head is that what
brings the city on and what sets the trend and how everyone is. It sets the trend how everyone
should act and when you have crime and the head is confused then you find yourself wondering
where is the problem. So all on that aspect I’m asking that when government comes together and
the people that’s looking at our disciples to go out there and do the things for us then everyone
else can fall in place and so okay we need to do the right thing too. And it’s now with that being
straight people are watching our government. People watching. Now the citizens want a strong
government that make good decisions and truly care about the people. We don’t’ like this and
don’t want to come up as the rumor and I hope they are just rumors is the black and white thing
you have because a lot are doing this. And with this it brings down and brings on a negative,
which we don’t need to grow. So if we can work on that and I guarantee you we can hopefully
get things going and our city will grow. But we can’t forget about the small people because
they’re the ones who build your cities. Now I request from the commission is that mainly is that
we’re asking for your support when we have our efforts. That means when we do something that
becomes because as a role model just imagine a kid in the community would say who’s your role
model and that child can say my commissioner or my Mayor. You don’t have to play sports,
throw balls, catch balls, hit balls and do these things to become a role model. You are in the
position to become the role model but come together and do it. Introduce Rehab programs. I’ve
been watching. A child now once they get off track in school, they go to alternative school they
go to YDC or to jail. We need to come up with something. We’re losing a lot of our children
that maybe can be beneficial to our society. But once they get off track what do we have to bring
them on track. And I know the part of money comes up but instead of thinking money we should
think what’s the investment. It’s an investment because when you get that one person and many
of them come together and being mistreated or pushed around you have confusion and all of a
sudden ---. When I first got here in Augusta in the ’80’s, 1980 but I read about I was told about
what happened here in the late ‘60’s. We don’t need that again. But though you been there you
don’t need that again. But if we stay on this track because now when we incarcerate in our jails
now that when they go back home right, where do they go, back to most of them ‘cause most of
the jails are blacks and they go back and that’s how this group got started. Because now you’re
depressed, you’re upset because things have gone wrong. And the crime plot and I put in there I
said if the fallen steps don’t make you think you must be from another planet. Homicide, one
person murdered every 31 minutes, rape one person raped every 2.7 minutes. Assault one person
assaulted every 7.2 seconds. Home invasion every 2.3 seconds, burglary, every 9.2 seconds.
Domestic a man ---
Mr. Mayor: Okay.
Mr. Turner: --- every 6.7 minutes. Now these are things that go on and that we have.
All we’re asking is that we come up and get the support. I’ve talked with other units about it and
when we come to the commission and have it that you all will come out to show your unity
between us.
Mr. Mayor: Yes, sir. Thank you so much and I’ll throw a couple other statistics out
there. If the incarceration rate in this state continues on the same trend lines it’s going by the
9
year 2015 we’ll have to build five new maximum security prisons at the cost of $1.5 million
dollars to the tax payers. So I know of what you speak and we can turn it around here I feel
working together.
Mr. Turner: If I had another ten minutes I could cover that.
Mr. Mayor: Well, thank you, sir. All righty, Madam Clerk, next delegation.
The Clerk:
DELEGATIONS
C. Pastor Paul Knox, Order of the Cross MM. RE: New Fischer House to be built at the
Uptown VA.
Mr. Mayor: And if you could keep it to five-minutes as well too please sir.
Pastor Knox: Honorable commissioners and Mayor, thank you for time. I am Pastor
Paul Knox. I’m the Pastor of the Order of the Cross Motorcycle Ministry here in Augusta and
th
I’m also the 11 District Chaplain of the American Legion and I’m a State Chaplain, Georgia of
professional bikers. I’m also the champion of the Fischer House project that’s going to be going
up at the Upton VA. This is a 21-family project that --- the reason for the surrounding area in
Augusta needs to come up with $1.8 million dollars to get this project built. This project will
serve 21 families of our soldiers that are wounded and retirees of the Uptown VA. We will be
able to serve those families 24-hours a day, seven days a week. By building this house we assure
that from --- happens every year --- do not have any more --- 21 families. The American Legion
in the South puts anywhere from between 15-29 families up every year here at the hotels
downtown and the surrounding area rent the rooms right out from under us during Masters time
because the all mighty dollar matters more than the soldiers families. We went to the Fischer
Foundation, they have approved the project. The total cost of the project is somewhere between
$3.8 and $4.6 million dollars. They’re asking us to come up with $1.8. We are already working
on this, Laurie Ott is helping and we’re hoping ---. I even had a chance last week to talk to
Senator Isakson and Congressman Broun because once this project is built the Fisher Foundation
will donate it to the VA. The VA then takes over all necessary maintenance and operations of it.
That was another issue I brought up --- $60,000 a year to operate this (UNINTELLIGIBLE).
We are asking for Augusta’s help. I know all the commissioners and the Mayor have friends
with deep pockets throughout the area and we asking for your help to open those pockets up and
help us and be generous get this project built. Our goal is to have the money raised as a
Christmas present next year. Mr. Kroger has assured us that as soon as we hand them a check
the structure will start in 90-days as soon as he has the money in hand. Right now construction is
scheduled to start the first quarter of 2010. We will make that happen. Thank you.
Mr. Mayor: Thank you, Pastor, and we appreciate it and I’m very familiar with that
project and know that it’s extremely worthwhile. I appreciate you going out and building
support for that. Madam Clerk.
The Clerk:
10
DELEGATIONS
D. Rev. Larry Fryer, RE: Various issues of community pride and respect.
Rev. Fryer: Good afternoon Mr. Mayor, Commissioners and this body concerning
baggies, saggy or low rider pants. This is not a fight I chose to enter it was thrusted upon me by
a certain section of our community who is a solid majority. In other words they are afraid to
come out because they feel their house will be burned they will be shot or some other threat
might befall them when it comes to or gets this issue. I have taken a look at this and found these
concerns to be of matter. There is no law on the books against low-riders; saggy, baggy pants
according to Sgt. Richard Roundtree. Most of the persons in question are African-American
males and an ordinance in law will affect them in some capacity. But they’re not the only ones.
We must keep that in mind. I am not advocating running out and jailing or placing fines on
people and there are tolerances up to sixty-years old who are wearing baggy pants who will be
responsible who will be fined who would be jailed. It seems as if the parents will be the persons
responsible for that. What will be next, what is already happening? Long shirts are already
being worn to hide the low riders as a style. Women are usually exploited, as their dress seems
to be okay when it comes to them. But this would be my suggestion since other states, other
counties are already placing ordinances upon low riders, saggy or baggy pants. Even at Paine
College one of the professors they already have a policy in place against low riders, saggy or
baggy pants at Paine College. But in closing this would be my suggestion. Be sure that
Augusta-Richmond County; follow some of the other states and other cities that are not looking
at this issue. That we look at this matter address it with our law enforcement and come up with a
plan to correct the problem before we start fining or jailing anyone if it comes to that. Again I
would suggest we look at that. But whatever way in which the commissioners, the Mayor
anyone wants to address this or may not want to bother at all, I wanted to make sure that I’m
here. I wanted to make this statement and as you know you’ll not see all of those people and all
of those meetings who’ve been talking about saggy and baggy and low riders here today because
they are afraid and in a lot of the communities where they live that something will happen to
them or their persons. Thank you all very much for listening.
Mr. Mayor: Thank you, Reverend.
Mr. Cheek: Mr. Mayor?
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, I just wanted to comment on this and I’ll hearken back to what
my grandparents told me back during the 60’s. If I wore long hair and hung out with people that
look like and acted like hippies it wouldn’t be long before I would be involved in hippie things.
The thing that we have to address as a society is our youth and this; I’ve seen people of all walks
of life emulating the thug culture. When we as adults and parents condone, just like my parents
did not condone long hair or me hanging out with the wrong kinds of people, condone our
children dressing like people who have long criminal histories or hanging out with people who
have histories of incarceration then we can not expect our children to learn anything other than
that which they learn from the people who have had their lives go astray. So I hope that all of us
11
can embrace at some point in time some minimum standard of behavior what our grand-folks
used to call manners, proper decorum and impress upon our kids that there are certain things that
are expected of you when you are in public. And I stand as one that at your side willing to help
in any way I can to show people that if you act like a thug or dress like a thug the things that
happen to thugs won’t be far away from your doorstep which could be jail or getting shot at or
getting in trouble.
Mr. Mayor: Okay, thank you, Mr. Cheek. Thank you Reverend, always good to see you.
Rev. Fryer: Thank you, same here.
Mr. Mayor: Madam Clerk.
The Clerk:
DELEGATIONS
E. Mr. William B. Head. RE: Property Tax Valuations.
Mr. Head: (INAUDIBLE). There’s no way anybody in south Richmond County can by
property under (UNINTELLIGLE) out there. So when I did find a way I --- even though it was
appraised (INAUDIBLE). But when I got my property valuation (UNINTELLIGIBLE) and I
have the information in front of you. (INAUDIBLE) The first page is --- acres. It’s rated at
$742.00 an acre. (INAUDIBLE). So we’re way under value. Page 2 is owners property is
valued at $1,200 an acre. Now someone was to bring me --- right next-door for --- same. Page
3, $1200 and acre. Page 4 (INAUDIBLE) less than $3/4,000. On Page 5 you have 15,050 acres
it’s appraised at $16,030 an acre. Page 6 again it $1,200 an acre. Some you’ll notice on the
bottom of that it will cost no one $17,000 (INAUDIBLE). 75% less that what you bought it for.
I don’t see how anyone can buy these properties (INAUDIBLE) what they paid for it. Page 7,
here’s another (INAUDIBLE) 1,800 acres more reasonable however it was $97,000
(INAUDIBLE) Page 8 you have 17,059 acres. That’s more than twice (UNINTELLIGLE).
When you get to Page 10 (UNINTELLIGIBLE) $300,000. (UNINTLLIGIBLE). If you’ll go
back to our first delegation if these properties were actually assessed at what they were actually
at y’all could lower the millage rate and help out these gentleman’s folks. Everybody --- this
year. Page 11 (UNINTELLIGIBLE). Final Page 12 this property --- appraised at $337.00 an
acre ---. Now you say this may have some --- on it. We also --- the DOT ---. And Page 13 this
is what the DOT paid for it. (UNITELLIGIBLE) Page 14 is uh, (UNINTELLIGIBLE). The
land value appraised at ---. It was bought in ’91. (INAUDIBLE). It’s gone up 5-10% each year.
That would be $100,000 piece of property and that what it should be appraised at. And you’
notice --- fair market value at --- an acre.
Mr. Mayor: Okay, sir, you’re up to the five-minutes. Okay.
Mr. Fryer: (UNINTELLIGLE).
Mr. Mayor: Thank you, sir, and I would suggest that we have Mr. Hicks take a look at
this but ---
12
Mr. Bowles: Mr. Mayor.
Mr. Mayor: Mr. Bowles.
Mr. Bowles: Mr. Mayor, in defense of Mr. Hicks, Mr. Hicks has inherited ---
Mr. Mayor: I know.
Mr. Bowles: --- many, many years of inaccurate property values and ---
Mr. Mayor: And he’s doing a great job.
Mr. Bowles: --- for coming up here whenever a constituent calls and complains about
their property tax values going up to much and I’d like to ask them if they would ever sell their
house for what it’s worth. And I met one person that said they would and but that’s one item out
of a hundred. But I applaud you for coming up here and say what is right and I do want you to
know Mr. Hicks is on the job doing a great job revaluing a bunch of the properties in the across
our community.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor and to just to follow up what can we do or what action should we
take other than just to, kind of a general directive to get this straight. Because this exists across
the county and I know a couple places off of Highway 25 where thy county bought land about
$10,000 bucks an acre and the adjoining properties we bought the land from is probably still at
the same rate that they were back in the 60’s. So I would really for one would like to see us go
across the board and --- some of these things and get them adjusted properly. That would
broaden our tax base and take the burdens off of the smaller home owners and put it on some of
the larger property owners because they will at one point or another benefit from the large
property holdings they have.
Mr. Mayor: Commissioner Grantham, then Commissioner Williams.
Mr. Grantham: Thank you, Mr. Mayor. One of the things that I think Mr. Hicks didn’t
hear as Commissioner Bowles talked about we are under a state requirement that these property
values need to be brought up to the assessed value as far as the actual value concerned. And I
think from that standpoint we’ve seen that happen in the last two years particularly because we
are getting a lot of calls and are we are getting a lot of complaints based on property value going
up. Now that’s to say that only the residential side has been addressed from that standpoint. The
commercial side nor the agricultural side has been addressed. I think Mr. Hicks can allude to that
even more so. But we are under a state requirement to get compliance of the state laws to bring
our values up to where they should be. That’s why we’ve had an increase in the last two years in
our base rate values of all properties.
Mr. Mayor: Commissioner Williams.
13
Mr. Williams: Yes, sir, Mr. Mayor. This goes a long way with what Reverend Harris
was saying earlier and Commissioner Grantham said our property. We got to face the fact that
we have been here, at least I’ve been here for eight years for those who have been here even
longer than that in this government, we have not addressed those issues properly and I think that
we’re talking about and I think Mr. Hicks is on board we got to dump the load on him right now.
But I think that this is something we need to go ahead and try either to put the employees in
place to go and get this done. I heard that several times we didn’t have the necessary staff to go
out and do it. We even had a firm we talked about coming in and helping us out and going out
and doing some of that work for us and how much more money is it going to bring us. A long to
a short I think that now that it’s out in the open and we need to go ahead and progressively get
Mr. Hicks the resources and the employees he needs to do that.
Mr. Mayor: Okay. Commissioner Cheek.
Mr. Cheek: Mr. Mayor I have a motion that we instruct staff to go ahead with an
action plan on resolving these issues and bring it back to the commission within one month.
Mr. Williams: Second.
Mr. Mayor: We have a motion and a second. Mr. Russell.
Mr. Russell: Mr. Cheek, if I can part of we actually had a budget conference with Mr.
Hicks today and part of that was a request for additional funding to do some of these things. It
might be more appropriate if you give me a little bit more time since most of it’s driven by
money and if we try to incorporate that plan plus the funding for that in our budget.
Mr. Cheek: I’ve only got two months and 28 days so if we can get it done.
Mr. Russell: We’ll get to the budget before you leave, sir.
Mr. Cheek: But I can adjust my motion, Mr. Mayor, to sixty days but this is so the board
will be aware this has been going on since I was a child and I mean you look at some of the
names on here. It kind of makes you wonder if some people are not deliberately being
overlooked.
Mr. Mayor: Okay, you’ve amended your motion ---
Mr. Holland: Mr. Mayor?
Mr. Mayor: --- to 60 days. Commissioner Holland.
Mr. Holland: Thank you, Mr. Mayor. First of all I would like to take this opportunity to
commend those gentlemen for bringing in that report because those of us who are new on the
commission really were not aware of those statistics. And it’s not often that we have people
coming before this commission with those kinds of statistics to let us know what is really
14
happening, you know within our city. And hopefully that this commission will take this under
consideration to work with Mr. Hicks as fore stated who has inherited this kind of problem and
then there are those out there who are struggling and trying to pay these different taxes and when
they look at the property value one year and the next year it’s different kind of value this is
really, really hurtful to the people who’s out there trying to make it on the different kinds of
incomes that they have, especially the people that we have that are living on fixed incomes. So I
just want to commend those two gentlemen for coming forward with that information with this
break down with the statistics and the numbers that are setting forth before us in which was taken
from this from our department and with the information that they have and sharing this
information with us hopefully we as commissioners and the Mayor working with along with the
Tax Assessors Office will be able to do something about this so these people will not be losing
their homes in the future which is happening all around the country.
Mr. Mayor: All righty, thank you. We’ve got a motion and a second. Is there any
further discussion? Commissioners will now vote by the usual sign.
Mr. Williams: Mr. Mayor?
Mr. Mayor: Commissioner Williams.
Mr. Williams: If I could have a point of personal privilege, please.
The Clerk: That motion carries. It’s unanimous.
Mr. Williams: Mr. Mayor, in lieu of the newspaper article that came out this morning
and with the press conference and meeting we had this morning I’d like for Reverend Harris to at
least know that what he stated earlier in his remarks was very well taken but I’d like the Clerk to
read the email that was sent out and I think this body as a whole needs to let this city know that
we as an elected group do not participate and do not even appreciate what has happened. But I
think this community needs to know that we as elected officials have that. So I’d like the Clerk
to read that email if you will Mr. Mayor.
Mr. Mayor: I would say, Commissioner Williams that, and I’m not worried about this
body addressing the issue but the fact that it’s not on the agenda.
Mr. Williams: No, sir, it’s not it’s in the paper, it’s a point of personal privilege. As a
commissioner I asked for that.
Mr. Mayor: Can, Mr. Attorney, can we get a ruling on this?
Mr. Boudreaux: It would be up to the body whether they wished to have it read into the
record.
Mr. Mayor: And, well, I would say that it would then take action by the body to approve
having it read into the record.
15
Mr. Williams: No, sir, this is not agenda, I’m not adding anything to the agenda I’m
asking for a point of personal privilege to, to read a statement. As an elected official I think, now
y’all going to confuse me a lot but I have that right as an elected official. Now whether it was
something that happened or something that didn’t happen I for it to be written into the records
and I asked us as a body to let this community know that we want don’t partake or we’re not part
of that. That’s all it is. Now if it’s in the papers so it ain’t no secret, it’s nothing that hadn’t been
out. So uh, and I hear Mr. Grantham on the amen down there. I need you on Sunday morning
but whether he can’t do is whether it’s all right to read it or not. But I think that needs to be read
and as an elected official I’m requesting that, Ms. Bonner. Will you read it into the record?
Mr. Mayor: First let me get the ruling from the Attorney.
Mr. Boudreaux: As a matter of personal privilege, Mr. Mayor, you’re entitled to rule on
that. It’s not subject to vote so it’s your determination whether or not you would allow it into the
record.
Mr. Mayor: Okay, as it is, and Mr. Williams you know that I issued my own statement
on this and I’ve basically come out and asked the individual whom you’re referencing to resign.
But due to the fact that it’s not on the agenda today it is not something that we are discussing
here I’m going to deny the request to read it into the record. I have no problem in going through
the proper channels doing that and I would, but as this is not the proper channel, I don’t believe
we can address it this way. Commissioner Cheek.
Mr. Cheek: Just a matter of clarification of parliamentary procedure. I think once the
Chair grants the right of personal privilege to any member of this elected body the Chair
foregoes or gives up the right to edit said personal privilege allotment and therefore the grounds
for whatever the personal privilege may be he’s been granted by the Chair the right to that
moment in time and therefore the content of his right of personal privilege.
Mr. Mayor: Mr. Attorney, I would once again look to you on this issue.
Mr. Boudreaux: Under the rule, the personal privilege rule it is not addressed specifically
where the point of privilege is open to any questions. You know it was granted but I do think
that the Chair still has the rule as to whether or not the information is accepted or read in.
Mr. Mayor: Okay. And once again, I’m just, due to the fact that based upon the ruling of
the Attorney and Commissioner Williams once again I’ve gone on record publicly about this. I
have no problem with the body addressing it but I do think that prior to us doing that people
should have time to review these things and I don’t know if everybody has or not.
Mr. Williams: Mr. Mayor, I understand you asked the Attorney he gave the ruling you
said that as the Chief Officer I asked you for a point, I just didn’t pass this out I just didn’t add it
to the agenda. I wasn’t trying to get a motion on it. I want it read into the records and I want this
body even if they don’t to understand. Mr., Reverend Harris just made a personal point that ties
right into this email that’s all over the newspaper that’s been all over the Internet. Maybe it’s
been all over the world by now. But as a body I asked this body to allow it to be read into the
16
record so we, maybe some of us maybe agree with this email, I don’t think we do, I don’t think
we should. But to disallow it to be read and it’s in the newspaper Mr. Mayor it ain’t like, it ain’t
the Metro Courier I don’t see why ---
Mr. Mayor: No, but Commissioner Williams not everybody on this commission was in
attendance at the meeting that you and I attended this morning with the Legislative Delegation.
And once again this is based on proper procedure. You know I would like rather than people be
blindsided and this is just throwing it out there at this point in time, I would prefer out of respect
for the body that if you wanted it added and approved that we would have added and approved it.
But ---
Mr. Williams: There’s nothing to add ---
Mr. Mayor: But if you’re looking for action from the body ---
Mr. Williams: No I didn’t ask for action, Mr. Mayor. Didn’t ask for any action. But I
think Mr. Harris, Reverend Harris has brought a personal point up about what has been taken
place in this government along with Mr. Head who talked about the appraisal. This fits, this ties
directly into it Mr. Mayor and I asked it to be read. Now I can put it on the agenda we can
prolong it ---
Mr. Mayor: That would be perfectly fine.
Mr. Williams: --- keep going over and over it ---
Mr. Mayor: And once again ---
Mr. Williams: I don’t think that ---
Mr. Mayor: Commissioner Williams ---
Mr. Williams: --- anybody can rule against my putting it on the agenda.
Mr. Mayor: No, no you’re correct and once again I’m on public record requesting the
gentleman in question to step down from his position. I acted immediately on that last Friday.
Mr. Williams: This isn’t about anybody stepping down.
Mr. Mayor: Okay.
Mr. Williams: I didn’t mention any names I asked the Clerk to read this email into the
record. And I asked this body as a whole ---
Mr. Mayor: If you will run it through the proper procedures that’s perfectly fine. Madam
Clerk, let’s move along.
17
Mr. Williams: Madam Clerk, will you add this to the agenda for our next commission
meeting, please, ma’am? And I want a copy in the agenda, ma’am.
The Clerk: Yes, sir.
The Clerk:
PUBLIC SERVICES
7. Motion to approve expenditure of SPLOST funds for Design-Build contract with Gold
Mech Inc., to rehabilitate and modify existing HVAC and fire protection systems at the
Augusta Museum of History subject to the presentation of the warranty information for
the equipment. (Approved by Public Services Committee August 27, 2007)
Mr. Mayor: Mr. Russell, didn’t you?
Mr. Russell: Yes, sir. That was passed by committee pursuant to the information
regarding the specific warranties on the specific equipment available. I’ve got that information,
I’ll be happy to pass that out.
Mr. Williams: What are the warranties, Mr. Russell?
Mr. Mayor: Commissioner Williams.
Mr. Russell: Basically you’ve got a the state of a one-year warranty on the equipment
and most of the stuff, because of the nature of the chiller, we’re doing a five-year warranty which
is an additional $4,000 dollars covering the cost of the building, the pumps the values the
condensers, humidifiers and all that other stuff has as noted has a one-year warranty. There are
additional warranties that can be purchased but the funding would be an issue at this particular
point in time.
Mr. Grantham: Mr. Mayor based on ---
Mr. Mayor: Commissioner Grantham.
the information provided I make a motion we approve.
Mr. Grantham: ---
Mr. Smith: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Mr. Williams: Yes, sir, Mr. Mayor.
Mr. Mayor: Commissioner Williams.
18
Mr. Williams: I’m looking at five different examples of valves and I don’t see, and I see
the chiller is out of order would which would be the big high dollar item on here. But we only
have a one-year service contract with this company who’s going to put this system in.
Mr. Mayor: Mr. Russell.
Mr. Russell: The equipment is warranted for one year. After that we can extend the
service contract if we like. But you asked for information on the warranty if my understanding
was correct.
Mr. Williams: And the total cost is how much, Mr. Russell?
Mr. Russell: I didn’t hear your question.
Mr. Williams: Total cost is going to be how much?
Mr. Russell: Of the entire renovation?
Mr. Williams: This entire deal that we’re talking about here.
Mr. Grantham: (INUADIBLE)
Mr. Russell: Just under $800,000 dollars sir.
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: Mr. Mayor, with this contract, I mean the language seems valid but do we
have someone in the house, a facility maintenance man that can walk down the systems and
perhaps perform regular preventative maintenance or checks on it to make sure it’s not, there are
no problems developing before they get out of hand.
Mr. Russell: In the first year you’re covered by the standard warranty, that’s one of our
traditional problems that we have around here is our lack of follow through in those areas. It
would be my suggestion that we make sure that we do that as part of that preventative process.
But also think that as we look at this within the first year we’ll probably want to fund the
additional cost for the extended warranty that might be available. That seems a good investment
on some of the bigger pieces but not to begin moving forward. My question would be at this
point if we go forward with this we’ve got a year to make that decision.
Mr. Cheek: And, Mr. Mayor, I guess that brings me to a point that we install really nice
new stuff but during the period of installation there should have been a staff member involved
with the turnover of this equipment, the installation and then be charged with making sure that it
functions properly because this is a costly piece of equipment and a little preventative
maintenance goes a long way towards keeping it operational.
19
Mr. Mayor: Okay. We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign of voting.
Mr. Williams abstains.
Motion carries 7-1.
The Clerk:
ENGINEERING SERVICES
12. Motion to approve agreement with Al-Jon, Inc. for replacement of current compactor
with a new compactor under a similar lease agreement. (Approved by Engineering Services
Committee August 27, 2007)
Mr. Mayor: Commissioner Williams, I believe this was yours.
Mr. Williams: Mr. Mayor, we talked about this in Engineering Services Committee
about this Al-Jon and this replacement. I guess my question is uh, do we, do we not have to bid
this type contract although this firm is in the system and doing work already but isn’t there a bid
process in place that we have follow through with tax dollars to be able to buy equipment or
anything else before you know if it’s replacing that or changing?
Mr. Mayor: Mr. Johnson.
Mr. Johnson: We asked both Procurement and the Legal department and Mr. Shepard
gave us a section out of the code that offered some type of exemption because of, I’d have to ask
Mr. Shepard to give it again.
Mr. Williams: I think somebody else already asked Mr. Shepard.
Mr. Johnson: Yeah, there was a section of the code allowed that as a special purchase.
Mr. Mayor: Okay.
Mr. Williams: Mr. Mayor?
Mr. Mayor: Commissioner Williams.
Mr. Williams: I know that would work well and Mr. Grantham and Mr. Smith witnessed
the equipment working but it’s not a point about the working part of it. The point is that when
you bid or when you buy equipment there’s a bid process that we have to go through in order for
the prices to be competitive and give every vendor and opportunity to bid on or to match the
same especially when y’all got somebody in-house doing it when we already got a system or a
vendor that’s doing business with us. I don’t think we can arbitrarily say give it back to that
same vendor because he going to be better for us and keep up. I mean there’s a process and if
that’s the case then nobody would be able to come in to the government and, and bid on
equipment, materials because we’re going to stick with the same firm, the same entity that we
20
got. I got a problem with this Mr. Mayor. I think we need to find out from the Attorney what
would that loophole or is it just legal I guess.
Mr. Mayor: Mr. Attorney.
Mr. Boudreaux: Apparently it has been reviewed and determined that it was, I’m not
anticipating that this issued be raised, we don’t have the code section with us but I can have it if
you’d like to move to another agenda item and would like to have the code cited we can have
that.
Mr. Mayor: Okay, that’d probably be the best way to proceed. Mr. Russell.
Mr. Russell: Mr. Johnson shared with me that there’s no time issue here at this particular
point in time. It would be my suggestion we bring it back at the next full commission meeting
with the report from Purchasing and from the Attorney in reference to the legality of the motion
to move on it at this particular time.
Mr. Williams: So moved.
Mr. Cheek: Second.
Mr. Mayor: We have a motion and in five seconds. If there’s no further discussion
commissioners will now vote by the usual sign.
Mr. Grantham and Mr. Smith vote No.
Motion carries 6-2.
Mr. Mayor: Next agenda item, Madam Clerk.
The Clerk:
ENGINEERING SERVICES
25. Motion to demolish house at 2441 Riverlook Drive. Owner: Augusta, Georgia.
(Approved by Engineering Services Committee August 27, 2007)
Mr. Mayor: Mr. Russell. Not Mr. Russell I mean Mr. Williams.
Mr. Williams: Mr. Mayor, I asked for this to be pulled and I guess my question is to the
Utilities whether there is any other properties that the city owns that the Water Department can
demolish as well as with this one. I’m just trying to find out, I mean I wasn’t opposed to this but
I want to know were there any more properties that ---
Mr. Byne: I don’t know. This is house is being demolished because a 42” raw water
main had blown out there twice and flooded the house. And um, it’s been repaired in that section.
It is the house has major issues and damage from the flooding and rather than try and restore and
rent the house we just ask that we demolish it and turn it over to the green space with an
21
easement on it for the water main. I don’t know if there are other facilities in the city that may
qualify for similar treatment.
Mr. Williams: And I apologize, I didn’t look at the back. Was there any square footage
that are there any photographs?
Mr. Cheek: It’s a big house.
Mr. Williams: Huh?
Mr. Cheek: (INAUDIBLE).
Mr. Byne: I do not have a description of the house.
Mr. Williams: You don’t have a description of the house?
Mr. Mayor: Okay, Commissioner Brigham, then Commissioner Cheek.
Mr. Brigham: Mr. Mayor, since this is in my district my question would be why did it
take us eight years to get around to demolishing the house. It was already known to be a hazard
on top of a water line that has blown out twice. My concern is the neighbors concern is the same
concern why does it take us so long to demolish this property. It’s not like we don’t have the
money because we do have the money in Utilities. I know of no other house that we have not
purposely but accidentally destroyed that we haven’t done anything with. We’ve destroyed this
house. It was by accident but it was a demolition a complete destroying of a person’s property.
This is not something that you with this commission at this property. We bought it because we
destroyed the house. We certainly ought to tear the house done and it shouldn’t take us eight
years to do it.
Mr. Byne: I’m not sure what sequence of events let it be put on the commission at this
time. Mr. Hicks is out today and I’m standing here to present information that I have to y’all to
make a decision. I’m not sure what in his scheduling caused this to come back on the
commission agenda right now. I know that when it came up at a planning meeting two weeks
ago, three weeks ago he had mentioned it was going to be put on here. I know the condition of a
42” raw water main, looked at it and to an engineering standpoint because I’ve been tasked to do
the job. I’m not certain why the house is just showing up now.
Mr. Brigham: I move we demolish the house, Mr. Mayor.
Mr. Cheek: Second.
Mr. Mayor: There’s a motion and a second. Commissioner Cheek.
Mr. Cheek: Mr. Mayor, and just for the record I would like to know which brain surgeon
decided we should build a house on top of open water mains. And this is a problem that could
manifest itself along our water line depending on pressure surges and weaknesses within our
22
older infrastructures. So if the maker of the motion would allow such, I would really like to have
a report back um ---
Mr. Mayor: On houses that sit on water mains?
Mr. Cheek: Well, one for there and here too you know you have your highest pressure
point immediately after the water leaves the raw water pumping station right there as it begins up
the hill. Which brain surgeon allowed us to build a house on top of that? And is that city
practice or was this a special favor from some developer to maximize their profits. Because if
we’re going to create a green space with a gate going across a nice wooden bridge there’s going
to be locks and then you’ll be forced to go over into the 1940 after you cross the railroad tracks
or park at Eisenhower to cross the 1940’s era army surplus bridge that has holes in it big enough
for a child to step through. So I mean ---
Mr. Mayor: Okay.
Mr. Cheek: --- I like the green space but we’re not really improving the public’s lot other
than tearing down this whole structure. But I’d really like to find out if there is a pattern between
people allowing certain looseness in our building codes to have a house built on top of a water
main that pumps about 20-40 million gallons a day at Highland Avenue.
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.
Mr. Mayor: Madam Clerk, please note that we huffed and we puffed and we’ve blown
the house down. Next agenda item, please, Madam Clerk.
The Clerk:
PUBLIC SERVICES
30. Update from the Administrator regarding the GBI investigation of the Augusta
Recreation Department/RCCI incidents. (Requested by Commissioner Marion Williams)
Mr. Mayor: Commissioner Williams.
Mr. Williams: Yes, sir, Mr. Mayor, I had this put on our last agenda for a report on this
group by the commission by the Administrator where we are. There’s been a serious issue with
the RCCI and the Recreation Department with drugs with cell phones inside the RCCI, inside the
recreation facility over there up in the loft. We had material that was stolen that was carried to
another county, Warrenton County that we had seized and to this day I have not heard any report.
I understand that something’s being done but I was one up from somebody. I hope that we were
just kept in the loop as to what is going on. So if the Administrator can enlighten us on that
would certainly appreciate it.
23
Mr. Mayor: Mr. Russell.
Mr. Russell: Yes, Mr. Williams, members of the commission, Mr. Mayor. I spoke to Mr.
Craig this morning as directed when y’all made the motion several weeks ago when we did this.
Ward and I met with Mr. Craig to determine the strategy that would be taken. He at that point
was pleased with the information that we’ve been able to provide. The agencies that are looking
at this now which he asked me not to speak about at any great length. But they’re making
progress and if you’d like some information from him personally he’d be more than happy to
share that with you. From a public standpoint he asked me not to comment other than the fact
we are making good progress in the investigation.
Mr. Williams: Mr. Mayor, I guess, will we be getting a final report sometime in the near
future?
Mr. Russell: I’ve been doing these things and I share your frustration as much as
anybody and I’d be afraid to tell you in the near future but based on what I’ve been informed at
this point I think we are progressing good and it should be within the foreseeable future.
Mr. Williams: All right, Mr. Mayor, I would hope we get some, some conclusion to this.
This has been a very, very serious situation and a lot of stuff has already been reported a lot of
the stuff has already been done by Recreation for retrieving some stuff so in any light we’ve got
to find, find those parties, those parties that are already there. Now I hope we’ll be expedient
with that. That’s all, Mr. Mayor.
Mr. Mayor: Okay, can I get a motion to receive this as information?
Mr. Cheek: So moved.
Mr. Holland: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Mr. Bowles and Mr. Harper out.
Motion carries 6-0.
Mr. Mayor: Madam Clerk, next agenda item.
The Clerk:
ADMINISTRATIVE SERVICES
31. Update from the Administrator regarding the hiring of Finance and Human Resources
Directors. (Requested by Commissioner Marion Williams)
Mr. Mayor: Mr. Russell.
24
Mr. Russell: Both these positions have been vacant for some length of time. We have
currently advertised on several occasions for a Finance Director and have yet to receive anyone
that I believe to be appropriate for that particular position upon my last review of the applications
on file. The Personal Director, we have done some interviews with that and are moving a little
bit quicker with that particular position. We’ve narrowed, well quicker than molasses I guess but
it’s um, we’ve got several people that have interviewed for that position, we’re in the process of
narrowing that down. And I should hope to be able to give you a name within the next several,
within the next commission meeting at this particular point in time, a recommendation.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Is that as far as the Finance Director and the Human Resources person as
well?
Mr. Russell: No, sir, I’m close to giving you a recommendation for the Human
Resources person. I am not that close to the Finance Director at this particular point in time.
Mr. Williams: I think Mr. Persaud, Sylvia, I don’t know it’s been a long time but I think
he was the last Finance Director. I don’t, I can’t quite remember it’s been so long but I’m
wondering has there not been any interested parties or a person come to apply for Finance
Director? How long has it been, Mr. Russell, since we’ve been without somebody, just roughly
the months?
Mr. Russell: In excess of a year.
Mr. Williams: In excess of a year. I don’t think our city government ought to running
without a Finance Director for in excess of a year when there are people out there. I know
nobody want to come to Augusta unless they’re playing golf and we ain’t looking for a golf
player but I think we need to be expedient. We had a person in here we interviewed for the
Human Resource. I thought that person would be coming on very shortly but I hadn’t heard
anything else about that. And we interviewed that person. I was in on that interview but I would
certainly like to hear something soon about a Finance Director and the HR person if that’s, if
that’s going to be. In fact we interviewed one person I believe Mr. Russell for the HR person
and had a second person but we able to get that person to interview.
Mr. Russell: Right. That person was no longer interested.
Mr. Williams: Okay.
Mr. Mayor: Okay. Commissioner Bowles.
Mr. Bowles: Thank you. This is just some information for the Administrator, some
words of wisdom. Based off of last year’s audit it’s been the cleanest audit we’ve had in the past
ten or fifteen years and if we’re going to hire a Finance Director to supervise our accounting
office it would be like the previous ones. I’d just as soon keep it open and let Donna handle the
office like she has done in superb fashion like she’s done in the last two years.
25
Mr. Grantham: Amen.
Mr. Mayor: Okay, can I get a motion to receive this as information?
Mr. Williams: Mr. Mayor ---
Mr. Mayor: Commissioner Williams.
Mr. WilliamsI’ll make that motion
: --- but I’ve got a comment. If I got no problem
with Ms. Williams, Donna Williams I think taking that position but I don’t think we need to have
a position open and then nobody’s filling and just have a secondary person. So if Ms. Williams
wants that job then we need to bring her forward. But I don’t think we ought to sit here and let
the second person in charge handle our situation when we got a first rate job that’s open. If she’s
doing the job then why ain’t she brought forward to be put in the job? That’s just some ---
Mr. Russell: Yes, sir.
Mr. Mayor: Okay.
Mr. Williams: --- conversation there, Mr. Russell.
Mr. Mayor: So you have a motion is to receive it as information?
Mr. Williams: Yes, sir.
Mr. Mayor: Do we have a second?
Mr. Holland: Second.
Mr. Mayor: We have a motion and a second and if there’s no further discussion
commissioners will now vote by the usual sign.
Motion carries 7-0.
Mr. Mayor: I think Mr. Cheek is out.
The Clerk: Oh, okay. Thank you.
The Clerk:
ADMINISTRATIVE SERVICES
32. Discuss the re-instatement of Attorney Vanessa Flournoy. (Requested by
Commissioner Marion Williams)
Mr. Mayor: Commissioner Williams.
26
Mr. Williams: Yes, sir, Mr. Mayor. I spoke with Ms. Flournoy and she’s very much
interested in being reinstated. She was asked, she was asked to resign for handling business on
one of our city computers along with another employee who was reinstated or who did not,
what’s the board?
Mr. Mayor: Personnel Board?
Mr. Williams: Personnel Board overturned our decision and got back to work for the
same offense and I just think it’s only fair. Now we’re looking for an attorney. Now we asked
her to resign she was threatened to lose her bar license and we asked her to resign. She’s
interested in being reinstated and I like since the offense or the same offense, and I need the
attorney now, he’s sitting in there he’s getting paid a good salary so he might be able to tell me is
the law applicable for one and not the other one if its the same offense? Is there any reason we
could not or should not put that person back or reinstate that person to their position?
Mr. Mayor: Mr. Boudreaux.
Mr. Boudreaux: Because this issue necessarily involves personnel matters and also
potential litigation and the settlement agreement that was signed to avoid litigation I recommend
this matter be handled in legal session.
Mr. Mayor: Okay.
Mr. Williams: Mr. Mayor I make a motion we take it to legal.
Mr. Mayor: Okay.
Mr. Holland: I second that, Mr. Mayor.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Mr. Brigham: Mr. Mayor, is that a motion to go into legal session?
Mr. Mayor: No, that’s a motion to take this agenda item up in legal session.
Mr. Brigham: Okay.
Mr. Grantham votes No.
Motion carries 7-1.
Mr. Mayor: Next agenda item, Madam Clerk.
The Clerk:
27
ENGINEERING SERVICES
33. Discuss the environmental clean up efforts relative to the Pension Property and the
Hyde Park Community. (Requested by Commissioner Marion Williams)
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor, we found the monies, the necessary monies to do the cleanup
th
for 5 and Reynolds and I think that’s great. We have not done anything as of yet with the Hyde
Park situation where people are still living daily there with the contamination who was instructed
they couldn’t play in the water couldn’t eat any vegetables grown in their yard. They could not
drink and shouldn’t drink the water, well I shouldn’t say drink the water but they were told they
couldn’t eat any food they had grown in their yard. But we do know there’s contamination and
I’d like to know either from the Administrator or from you, Mr. Mayor, where are we with a
process or what are we going to do. We know that we asked for some guidelines to be put in
place to hire someone to be an overseer who’s going to look at a grant situation I believe. So it’s
been way to long waiting on a situation that we need to do something about. So can somebody
explain to me where we are?
Mr. Mayor: Mr. Russell.
Mr. Russell: As you remember the during the last time we brought forth a name to direct
for that position I was directed to advertise and determine what pool of candidates that would be
appropriate for the Project Director in Hyde Park. We’ve done that. We’ve received nineteen
applications and I have reviewed those. Today one of my deputies is reviewing those at this
particular point in time. We anticipate providing the committee the top four or five candidates of
that particular group. I’m meeting with the Brownsfield Commission one night this week to talk
more about that plan as far as their involvement in looking for money. But at this point that’s
where we are at this particular point in time. We hope to have those, because of the time frame
of the application process we hope to have those names to the committee this week.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor, I don’t know exactly how long it’s been but it’s been some
time and I think, Mr. Russell, that he just explained it we’ve got nineteen applicants that applied.
But I think we need to go ahead and do something. I mean we’re dealing with families, we’re
dealing with human life that’s living in this situation that need to be I guess addressed very
quickly when we already putting bricks and mortar. We’re already clearing out dirt to put a
building on. And it bothers me that when people are staying in a situation like that but we look
at bricks and mortar to be important then the lives of the people that’s, that have to live there
everyday. We don’t have to live there but somebody does have to live there until we can do
something. And I’m not talking about the rentals in that area I’m not talking about the
landowners I’m talking about the residents that own property. We need to get this fast tracked to
get something done as soon as possible because it’s going to take some time even when we hire
somebody. And these people are still going to be suffering and getting more and more I guess
infected with whatever the contamination may be over there.
28
Mr. Mayor: Can I get a motion to receive this as information?
Mr. Holland: So moved.
Mr. Cheek: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign of voting.
Motion carries 8-0.
The Clerk:
PETITIIONS AND COMMUNICATIONS
35. Consider appeal request from Ms. Emily Beck, 1439 Heath Street relative to the
Historic Preservation Commission’s denial of a Certificate of Appropriateness regarding a
PVC fence on the property.
Mr. Mayor: Okay. Ma’am, if you could come forward and just state your name and
address for the record and keep your appeal to five-minutes, please.
Ms. Beck: Emily Beck, 1439 Heath Street. (INAUDIBLE).
Mr. Mayor: Commissioner Bowles.
Mr. Bowles: Mr. Mayor, the previous person that approached the board, there were no
ordinances regarding PVC pipe or vinyl fencing. It applied only to vinyl siding and we
instructed the Summerville Neighborhood Association and the Historic Preservation Committee
to go out and restructure their guidelines if they wanted us to enforce it, which they did. And
this is at the point we are now and I’d for Mr. Patty to come and give us a timeline if he would
please.
Mr. Mayor: Mr. Patty.
Mr. Patty: Ms. Beck came forward the same time the other applicant did in January of
this year and he was turned down. She asked to have her decision postponed and during the
course of his arbitration and then his presentation and appeal I feel as though she waited to see
what the outcome of that was and she re-filed it. That’s why she’s before you here today. She, I
think had the fence constructed the same time certainly before he filed his appeal. After,
immediately after the disposition of the other appeal the Summerville Association met and they
did decide to recommend changes to the guidelines and not permit vinyl fences and to not permit
vinyl, any form of vinyl windows, vinyl clad windows or anything like that and the HPC did
meet and agreed to change the guidelines to that effect and the Summerville Association also
agreed to further review and revise the guidelines but they wanted to make that immediate
change. So I don’t know, Mr. Bowles, if that answers your question or not. That’s where we are
right now.
29
Mr. Mayor: Commissioner Cheek.
Mr. Cheek: George, did they also address the spray on vinyl siding that I keep hearing
about at such and such an address? Have any of them in Summerville or is that an exemption or
are we selectively enforcing as they have been known to do in the past?
Mr. Patty: I think they, and I say they because I’m just a staffer of this group, I’m a
planner I’m not a preservationist so I’m going to refer to them as they. They can, they can
position out materials as sort of an experimental material. It’s being used in other areas. It’s
approved in Charleston in Savannah, Boston and other places. It’s basically a paint, and it’s not
offensive in a way that vinyl fences and siding are.
Mr. Mayor: It’s a paint. Okay, does anybody want to make a motion either way on Ms.
Beck’s request?
Mr. Cheek: What was the ruling on the last request that we uphold the Summerville side
of it or the neighbor’s side of it?
Mr. Patty: You voted to retain the fencing.
Mr. Cheek: I’m going to make a motion that we allow the same thing. I mean, Mr.
Mayor, I’ve looked at vinyl siding and why I’ll probably never use it for several reasons. I mean
geometrically it’s almost identical in a lot of cases, it does need painting which many of the
picket fences do and flaky paint may add ambience to some areas but I think that this probably
inappropriate.
Mr. Mayor: Okay, we have a motion. Is there a second?
Mr. Williams: Second.
Mr. Mayor: There’s a motion and a second. Commissioner Bowles.
Mr. Bowles: Mr. Mayor, I agree with Mr. Cheek while there is a maintenance free issue
with PVC type fencing and I hate to sit up here and talk about fencing when we you know
relegate and delegate these responsibilities to the Historic Preservation Commission and the
Summerville Neighborhood Association when they’re trying to maintain the character of their
neighborhood. We have the highest property values in the city of Augusta bar none and for us to
sit here and try to tell them how to maintain those property values where we generate most of our
tax income in my opinion is irresponsible for us not to listen to their desires. I’d make a
substitute motion to deny the request.
Mr. Mayor: We have a substitute motion. Is there a second?
Mr. Grantham: Second.
30
Mr. Mayor: We have a substitute motion and a second. Is there any further discussion?
Commissioner Cheek.
Mr. Brigham: I’d like to ask a question.
Mr. Cheek: I’ll yield.
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Cheek. The question I would have is that with the
Summerville Association being in such a strong attendance and such strong belief in what
they’re trying to do did the person ever go to them or try to find out why you couldn’t use PVC
or if you could use PVC or any type of fencing or did you just rely upon your neighbors to say it
was okay to do?
Ms. Beck: Well, (INAUDIBLE).
Mr. Grantham: I see.
Mr. Speaker: (INAUDIBLE)
Mr. Grantham: Personally I’d have preferred to see you use wood.
Mr. Mayor: Okay. Commissioner Cheek and then Mr. Smith.
Mr. Cheek: And I’ll say the esthetic appropriateness of a house in Summerville has to be
maintained to preserve the character of the community but the reason a lot of older homes go
empty is because they’ve become maintenance prohibitive for costs and other reasons. Just
inefficient to keep them and when we have the opportunity to substitute modern materials that
have the same appearance I really think that’s something that’s not violating the historic nature
unless we’re out to preserve the annual painting cycle and those types of historical aspects of
chinking and caulking windows and things that add no real value to esthetics of the property but
are rather more cost to the homeowner and lessen the energy efficiency. I guess that’s where I
come down on that.
Mr. Mayor: Okay. Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor: This fence is already installed?
Ms. Beck: Yes, sir.
Mr. Smith: How long has it been installed?
Ms. Beck: November of last year.
Mr. Smith: About a year?
31
Ms. Beck: (INAUDIBLE)
Mr. Smith: And you said that you did not inquire through the Historic Commission what
the specifications or anything were. You just put it up?
Ms. Beck: (INAUDIBLE)
Mr. Smith: And your neighbor across the street, I remember him coming down here and
we passed it.
Ms. Beck: (INAUDIBLE)
Mr. Smith: And he’s the one that told you that he felt like it was okay. Thank you.
Mr. Mayor: Okay, Commissioner Williams.
Mr. Williams: Mr. Mayor, and I’m in support of the lady keeping her fence because we
open the door up and I know that the Historic Board got their guidelines but if this doesn’t pass
are we going to reimburse this lady for her fence or is somebody or are we just going to tell her
she’s out $2,400 dollars and plus I don’t know whether it’s labor and all or are we just going to
say hey you know you take the fence down if it’s an offense to somebody in District 2 or
something? Is that what we’re doing?
Mr. Mayor: Mr. Patty, if we do require, if deny her request the cost of tearing out the
fence would be on the property owner?
Mr. Patty: Well, that’s the issue whether or not she can retain this fence. There are
provisions in the ordinance that allow us to demand that she take it down.
Mr. Mayor: Okay, we have ---
Mr. Grantham: I have one more question.
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: George, just to you as well, um, have you approached the Summerville
Association as to retaining the fence that has been up this long?
Mr. Patty: We had a mediation last week and that was denied.
Mr. Grantham: And it was denied at that time under the mediation?
Mr. Patty: Yes.
Mr. Grantham: Okay, that takes care of it, thank you.
32
Mr. Mayor: Okay, we have substitute motion and a second. Madam Clerk, for clarity if
you could read back the substitute motion.
The Clerk: The substitute motion was to confirm the denial of the Certificate of
Appropriateness for the PVC fence.
Mr. Mayor: If there’s no further discussion commissioners will now vote by the
substitute sign of voting.
Mr. Williams, Mr. Smith, Mr. Harper and Mr. Cheek vote No.
Motion fails 4-4.
Mr. Mayor: Okay, now the primary motion.
The Clerk: The original motion was to repeal the decision of the Historic Preservation
and their denial of the Certificate of Appropriateness.
Mr. Mayor: Okay, commissioners will now vote by the usual sign.
Mr. Brigham, Mr. Bowles and Mr. Grantham vote No.
Mr. Holland abstains.
Motion fails 4-3-1.
Mr. Mayor: Okay, no action taken.
M: Williams: Would the fence stay up then right?
Mr. Mayor: What’s that?
Mr. Williams: Would the fence stay up since there’s no action?
Mr. Mayor: Mr. Patty, would the fence stay up since there’s no action taken? Mr.
Boudreaux.
Mr. Boudreaux: It would appear that since this is an appeal of a decision already made if
the body has not voted to return the previous decision that prior decision would stand.
Mr. Mayor: Okay.
Mr. Williams: Wait, wait a minute, Mr. Mayor, I need somebody to explain.
Mr. Mayor: Commissioner Williams.
33
Mr. Williams: It came to this body for us to make a decision. Since we did make a
decision then because if we didn’t have to vote than it never have been brought to us. The appeal
went to Planning and zoning, right, George?
Mr. Patty: Actually it’s a mediation.
Mr. Williams: A mediation, okay, well, then it wasn’t an appeal it was a mediation. But
it came to this body who make the final decision. So we didn’t make no decision then the lady’s
fence stays until this body makes a decision. It takes six votes and that’s all it takes. But we
can’t pick and choose now.
Mr. Mayor: Mr. Boudreaux, any further?
Mr. Boudreaux: Other than the agenda item is counted and written as an appeal of which
it would mean it would take the decision of this body to overturn the prior decision rather than a
new decision all together. This isn’t the way the agenda item is proposed.
Mr. Williams: And we agree to disagree. I’m not, what I’m saying is we didn’t have the
vote to move it. It stays where it is. Now it may be brought back up on this panel on this board
and may have the votes either to overturn it or not overturn it. But until a decision’s made then it
wouldn’t have needed to come back to this body if it got to a situation where we didn’t take a
vote.
Mr. Mayor: Gentlemen, any?
Mr. Boudreaux: Probably what we need to do is review the Historic Preservation
Ordinance to determine whether this is an appeal that determines an affirmative overturn or as
Mr. Williams says is an actual vote as to an after action item. I would have to review that
ordinance.
Mr. Williams: But it stays up until something is filed. That was my point. It stays up
until we or the Historic Board or something is specified it says where it is. I mean we don’t tell
her to take it down then especially when we’re not giving her money.
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. Then, Ms. Bonner, we need to put this back on
the agenda and we need to get the Attorney to review the Historic ordinance to what we’ve got
written and take issue with it at that time.
Mr. Mayor: Okay, if there’s, I believe that ends our regular agenda. I would, Mr.
Boudreaux, do you have some legal issues to attend to?
Mr. Boudreaux: Yes, the one agenda item that we request be addressed in legal session.
34
OTHER BUSINESS
39. Motion to go into a Legal Meeting.
Mr. Mayor: Okay. Could I get a motion to go in Legal?
Mr. Williams: So moved for Real Estate and Personnel.
Mr. Smith: Okay we have a motion and a second.
The Clerk: (INAUDIBLE)
Mr. Mayor: Well, we have a motion. Mr. Smith seconded. If there’s no further
discussion commissioners will now vote by the usual sign.
Mr. Grantham votes No.
Mr. Harper not voting.
Motion carries 6-1.
[LEGAL MEETING]
Mr. Mayor: You ready, Madam Clerk. Okay, I’ll go ahead and call it back to order. Mr.
Boudreaux.
40. Motion to approve execution by the Mayor of the affidavit of compliance with
Georgia’s Open Meeting Act.
Mr. Boudreaux: Mr. Mayor, we request a motion to approve the Closed Meeting
Affidavit for conducting the legal session to discuss personnel matters and discussion of pending
and potential litigation.
Mr. Mayor: Can I get a motion to that effect?
Mr. Grantham: So moved.
Mr. Mayor: Second?
Mr. Brigham: That wasn’t what we went in there for but we did discuss personnel
matters.
Mr. Mayor: Okay.
Mr. Boudreaux: That’s right. We went in for personnel and real estate. We did not
discuss real estate.
Mr. Brigham: But we didn’t discuss pending and potential litigation we discussed a
personnel matter.
35
Mr. Mayor: Okay, we have a motion. Is there a second?
Mr. Brigham: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
Mr. Cheek out.
Motion carries 7-0.
Mr. Mayor: And with no further business to come before the body, we stand adjourned.
[MEETING ADJOURNED]
Lena Bonner
Clerk of Commission
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
September 4, 2007.
______________________________
Clerk of Commission
36