HomeMy WebLinkAboutCommission Meeting February 5, 2008
REGULAR MEETING COMMISSION CHAMBER
FEBRUARY 5, 2008
Augusta Richmond County Commission convened at 2:00 p.m., February 5, 2008, the
Hon. Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Holland, Smith, Mason, Grantham, Hatney, Beard, Johnson, Jackson,
Bowles and Brigham, members of Augusta Richmond County Commission.
The invocation was given by the Reverend Bill Davis, Associate Pastor, Crawford
Avenue Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Reverend, we have a little something for you. Please, sir.
The Clerk: In appreciation for you being with us today and confirming the fact that need
do need --- in honor of your being here today we name you as Chaplain of the Day for your
spiritual guidance demonstrated in our community. God Bless you, sir. (APPLAUSE)
Mr. Mayor: All righty, Madam Clerk, on to the presentations.
The Clerk:
PRESENTATIONS
A. Buffalo Soldiers’ presentation to Augusta Recreation and Parks Department. Mr.
Robert Howard, Mr. Beck.
Mr. Beard: Good afternoon. My name is Johnny Beard, aka Slow Roller, President of
the Augusta Buffalo Soldiers. And this right here is my vice president John Small, aka Wing
Rider. First of all we would like to say thank you to the Richmond County Recreation
Department for everything they do for our society and for us. So from my heart I say thank you.
We would also like to present a check to the Richmond County Recreational Department in the
amount of $2,000.00 to help them continue in their stride to (unintelligible). (APPLAUSE).
Mr. Mayor: Mr. Beck.
Mr. Beck: Mr. Mayor and members of the commission, we are certainly grateful for this
big check and it comes from awfully big hearts and we are certainly appreciative but we are most
grateful for the Buffalo Soldiers and what they do for our community. What they do and what
they have done for the MLK parade, which is outstanding and all the other sponsorships they do
for us, they are a credit to our community. Thank you very much. (APPLAUSE).
The Clerk:
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PRESENTATIONS
B. U.S. Department of Housing and Urban Development Homeless Assistance Grant.
(Requested by Commissioner Calvin Holland)
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Mr. Holland: Good afternoon everybody. On the 27 of this month I had the honor of
being the recipient of two checks for the City of Augusta. And it was very fortunate for me to be
able to stand in for our Mayor and to receive these checks for the City of Augusta. I received
these checks from our former mayor Mr. Bob Young who is now in Washington and is doing an
outstanding job there and is still going to continue to work with the City of Augusta. These two
checks are from the Homeless Assistance Program. One check is for $181,027.00. I’d like to
present that check to the Mayor and Mr. Wheeler who is the director of our HUD Program.
(APPLAUSE) The other check is from our Owners Assistance Program, which is for
$448,314.00. This amount is indicative of the amount of work that Mr. Wheeler and the
Owner’s Program is doing here in Augusta. Mr. Young also stated to me at that particular time
that this money can triple simply because of the fact that we have people here that are willing to
do this kind of work and work with the people in the City of Augusta. So we want to commend
our Mayor and commend Mr. Wheeler and the persons responsible for helping bring these funds
in and hopefully next year we’ll bring three times as much as we brought this year. Thank you.
(APPLAUSE)
Mr. Mayor: Commissioner Holland, thank you for standing in to pick up those checks
and thank you for getting them back to Augusta safely.
Mr. Holland: It was hard but I made it back.
Mr. Mayor: All righty, Madam Clerk, if we could go on to the delegations.
The Clerk:
DELEGATIONS
C. Augusta CVB. RE: Recognizing Augusta Champions for their efforts to bring visitors
to Augusta through a convention, family reunion or sporting event and for working with
the ACVB.
Mr. Mayor: And if we could keep it to five minutes, please, sir.
Mr. White: Mr. Mayor and members of the commission. I had the privilege and ability
today to recognize in what we call the Augusta Champions. I’m Barry White, I’m the President
and CEO of the Augusta Convention and Visitors Bureau and I’m excited to tell you about 68
people who’ve helped generated millions of dollars for our community. We have about 25 of
those champions with us this afternoon and we’re going to recognize them in just a minute. But
first I’d like to tell you about their efforts. These are people who are members of our community
and for whatever reason they’ve chosen to assist, and they’ve actually done all the planning in
bringing conventions, meetings or events to our city. We don’t go about all the meetings and
events that happen in our city but these are the people who have worked with us in either assisted
them in getting the event here or assisted them with visitor information once they had the
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meeting planned. Our overnight visitors spend an average of $266.00 a day when they’re in our
city. They’re paying for services and goods and they’re paying sales tax while they’re here.
These dollars add up and we’re going to, we also have a ceremonial check to present here in just
a minute. But first of all I’d like to ask the Mayor and the two commissioners that serve on the
board of the Convention and Visitors Bureau, Commissioner Holland and Commissioner Bowles
to come to the front. And I’m going to introduce Jennifer Bowen who’s going to call out the
individual champions who are with us here today.
Ms. Bowen: Most of our Champions are seated on this side of the room and so what
we’d like to do, as I call your name out we’d like for you to come forward and you can shake
hands with the commissioners and the Mayor and then try to find a place at the other end where
you can stand still for just a minute for the check presentation and for a picture. We’ll start with
Sharon Walker of the Tuskegee University Alumnae Association. She brought the 2007
Tuskegee University Southeast Regional Meeting here, which generated $227,430.00. We have
Ernestine Battles here of Paine College. She brought the Georgia Association of Special
Programs that generated over $90,000.00. Willis Boshears, now all these people are. Augusta
Regional Airport, the Georgia Airport Association over $171,000.00. Halle Boyd with the South
Atlantic Chapter of the Museum Store Association, it’s annual meeting over $40,000.00. Vicky
Browning, USA DENTAC, the Endodontic Short Course, over $50,000.00 and the Periodontics
Short Course over $75,000.00. Butch Holley with the Georgia Marketing Council brought the
2007 Fall Conference here and generated over $30,000.00 in direct visitor spending. Brenda
Durant of the Arts Council with Arts in the Heart generated over $60,000.00 and also the South
Atlantic Yacht Racing Association, 2007 annual conference, which generated of $75,000.00.
Theresa Edwards with the Lloyd Family Reunion generated over $60,000.00. Cheryl Day with
the Boshears Memorial Fly In, over $141,000.00. Dick Hatfield with the Newman Tennis Center
and as he comes forward, I can’t read them all but many, many tennis tournaments that resulted
in over $874,000.00 in direct visitor spending. (APPLAUSE) Gerald Howe and Rudy Harris,
The Most Holy Trinity Catholic Church worked together to bring the Parish Council of Catholic
Women to town and generated over $50,000.00. Roselle Parker Austin, the State Outreach
Conference the 2007 State Outreach Conference over $90,000.00. Margaret and Donner
Conference 2007 over $48,000.00 and People Conference, which generated over $126,000.00.
Buck’s Halter and Lila Grant of the Recreation and Parks Department worked together to bring
the Master’s Senior Classic Softball Tournament to town, over $153,000.00 and the 2007 GRP
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Men’s Church State and Men’s Open State, over $72,000.00. Inga Shorter or the 6 District of
the CME Church the Georgia North Region Annual Conference over $63,000.00. Maurice
Thomas and Edward Locke of Islam Branch and Temple Shriners, annual gala weekend over
$141,000.00. Terry Turner with the Richmond County Planning Commission brought the East
Region Education and Technical Meeting to town, over $88,000.00. Dr. William Wellman with
the National Olympians brought the Georgia Science Olympiad State Medal Tournament, over
$113,000.00. Quentin White the Georgia State Elks brought the 2007 Conference, over
$75,000.00. Morey Williams AMVETS Department of Georgia the 2007 State Convention, over
$90.000.00. And unless we have some that I’m not aware of ---
Mr. Speaker: Right here.
Ms. Bowen: Okay. And what’s your name?
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Mr. Speaker: (INAUDIBLE)
Ms. Bowen: I’m sorry. And the Reverend Pearson who I can’t see in front of me but it
was several thousand dollars. It was $606,000.00. (APPLAUSE) And also the Augusta Annual
Conference Reverend Pearson, which generated over $41,000.00. So at this time I would like to
call up the chairman of the board of directors from the Convention and Visitors Bureau who will
present our symbolic check which represents all of the direct visitor spending generated by all of
these --- the entire 68 champions helped to generate in 2007.
Mr. White: On behalf of the board of directors and Mr. Mayor and thank you to
Commissioners Holland and Bowles for their service on the Convention and Visitors Bureau
board. We appreciate that and we’re pleased to tell you that all those numbers that you heard
and some others that were not mentioned have provided this community with direct spending
direct visitor spending of $25,680,754.00. Let’s give a big round of applause. (APPLAUSE).
Mr. Mayor: Lord knows we’re getting a lot of checks in here today. Madam Clerk, the
next delegation.
The Clerk:
DELEGATIONS
D. Crystal Kemp Re: Update from Community Empowerment Organization relative to
financial assistance for Hyde Park.
Mr. Mayor: And, Ms. Kemp, if you could keep it to five minutes, please, ma’am.
Ms. Kemp: Good Afternoon, Mayor and commission members. I’m addressing you this
afternoon on the issue of Hyde Park. I would first like to share with you what was going on back
in November when the Urban Environment Institute of Georgia hosted a Community
Empowerment Day. The Mayor and Commissioners were invited to this empowerment day,
which consisted of two things, clean up day and a round table discussion. On that day and
several volunteers collected two tons of trash and tied it that was hauled to a dumpster and taken
away. The roundtable discussion allowed residents to share dialogue with some of our newly
elected commissioners. We feel it was a great success. As a resident of Hyde Park and a
constituent of this city I would like to express to the commission my facts and disgust when I
hear in the news media and papers that the city is posting a $10 million dollar bond to MCG
Hospital to purchase the Gilbert Manor property in which the residents are currently being
relocated for their expansion project or when I hear about the downtown Augusta expansion
project or the Golf and Gardens or the Fifth and Reynolds property or any other Augusta
property that has come before. Hyde Park is also part of Augusta and its not just property that’s
been brought up. People live there and some of the residents of Hyde Park, which should care
about people not just about property. And Hyde Park $10million bond for at least one million
dollars would further us along in our relocation or our revitalization. We also invite you to
participate in a town hall meeting that you will attend and tell your constituents our community
what the city is prepared to do for us and to listen to what we want. Can we set a date for this
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meeting? Finally we have newly elected commissioners. We should restructure the
subcommittee for Hyde Park to include the commissioner for our district. This community
demands that he hands the subcommittee in the movement of this community in your district.
It’s only fair to the residents and to the district commissioner to involve him. To the Hyde Park
residents. I feel some people want to see the division that they think has driven this community
apart. It can only hold us back. Let’s not give them the satisfaction of that. This is our home
and our community and in the community the word is unity and we need to show unity and fight
for our rights that we have as human beings to be treated fairly and equally just as any other
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community in Augusta. I will contact Mr. Russell on or before February the 12 to set a date for
the town hall meeting and to get your response to our request. Thank you.
Mr. Mayor: Thank you, ma’am. (APPLAUSE) Ya’ll, please, no applause, please.
Okay, thank you, ma’am. Madam Clerk, the next delegation.
The Clerk:
DELEGATIONS
E. Mr. Brad Owens. RE: Augusta Commission’s Fuel Usage.
Mr. Mayor: If you could just keep it to five minutes, please, sir.
Mr. Owens: Mr. Mayor and Commissioners. I rise today to speak in regards to the fuel
policy that has had a lot of attention paid to it in the local media as of light. And I know I want
to say first off, I know being a commissioner is a tough job. You know a lot of you guys you
rarely get the credit you only get the blame if something goes wrong. You have countless
meetings to go to, boards that you serve on, committee meetings, town hall meetings, everything
else you have to do. So I have no problem with the taxpayers compensating commissioners for
official duties, things that are related to serving as a commissioner. It’s not that big of a deal.
But what I have a problem with is that it seems to be very little accountability on how this fuel
usage. Now I don’t know the official rules on it but I know I read in the newspaper that that
could be wrong but I’ve seen 125 gallons a month. Now as far as you know there’s no
accountability of that. There’s no system where you have to show where you’ve gone where
you’ve been and what was used for official duties. So my question would be, I’d like some
clarity as a taxpayer. I’m no longer involved with any boards here but I do still live here and pay
taxes here. Is this a perk or is this for official or is this something you get reimbursed for official
duties? If it’s a perk than I’d like to make it known than I’d like to make it know that unless I’m
wrong that must be factored into your income taxes at the end of the year as income. I could be
wrong I’m not a tax attorney but it seems fair. If it’s for your official duties than just as every
other employee of the county, the state and everyone else who has to go somewhere on official
business and they claim it there are several ways to do it. You have to have accountability.
What I would like to see is that you all as a body address this issue as it was very obvious you
know that there was some abuse in December by an outgoing commissioner. And I’d just like to
say that either reduce the number of gallons that was set in ’65, 1965 I think what the word was
on it. 125 gallons is a lot of fuel. At three bucks a gallon that comes out to between four or five
thousand dollars a year extra that you get for being a commissioner that we don’t get. This is tax
dollars we’re paying in. Maybe reduce the number of gallons that are allotted do something
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that’s reasonable giving like your district and how long you have to travel or put a mileage
option in. That’s what we do in the military you know in the Federal government. You have,
you log you odometer when you start your trip for official business and you write down your
number of kilometers you keep your miles at the end of the trip and you get reimbursed 48 cents
a mile. That’s fair because that’s the way our county vehicle as well. Or do direct
reimbursement, which is where you fill up and you use a gallon of gas for an official function
you bring the receipt in and you file a voucher. But I guess what my opposition to it is, is that it
seems everything in the county always needs more money. But I never hear anyone saying we
have plenty of money over here at this department. All we need you know here let me give you
some back. So I think that there’s been some small progress made balancing the budget. But I
would just like to see you guys lead your leadership stuff. Lead by setting the example brought
by the boys in the county as a taxpayer by giving accountability for this perk that you get. Kind
of defining as a perk. Is it part of your compensation package as being an addition to your salary
as being a commissioner or is it meant for official business. I personally as a taxpayer would
like for it to be for official business only and some sort of system put in place where you have to
have accountability as a commissioner like we expect from all our employees. That’s all I have
to say. Thank you.
Mr. Mayor: Thank you Mr. Owens. All righty, Madam Clerk, next delegation.
The Clerk:
DELEGATIONS
F. Reverend Marion F. Williams. RE: Hyde Park Community.
Mr. Mayor: Okay, Reverend Williams, and if you could keep it to five minutes, please.
And one of the new features that we have here is a mute button so I’m killing that microphone
after five minutes.
Mr. Williams: Mr. Mayor, I brought my watch because I knew what time it was. I’m
going to be sure I’m with you.
Mr. Mayor: Amen!
Mr. Williams: I’m going to hold it to five minutes if possible. Mr. Mayor, I came here
today now first of all. This is official. Ms. Kemp just addressed the issue of Hyde Park a few
minutes ago and brought up some very interesting things. If a child was lost in this city Mr.
Mayor, I think all the --- to find that child. If a child was lost on the streets or in the woods or
anywhere in the area we knew about it. We’d be in an upset. We would make sure we did
everything we can. There’s children that live in Hyde Park just living on contaminated land and
have been doing that for quite some time. So I thought I would plan for myself to come and ask
you in the name of my organization Jesus Christ, the pastor just prayed a while ago, he talked
about the needs of this community. We need to do something about Hyde Park. We hired a
consultant, we hired somebody to come in to look over that to find grant fund money but instead
people are still living there. Back in 2003 and I’ve got an article that the, I think it was the Metro
Spirit, there an article and we talked about Hyde Park and how Mavis Brothers Construction was
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taken contaminated soil from 8 Street, taken out in Hyde Park and laid it down and taken a
plastic cover over and children was playing on it. But after that time Mr. Sherman some other
people we got with them (UNINTELLIGIBLE) as far as I know. But there is still a bad situation
where people are living. Now I’ve got calls from people who have been I won’t say a friend but
they were encouraged to tear down homes and dilapidated property in Hyde Park. And there’s
something that needs to be done about that. But when you got a contaminated area why would --
- let people tear down and move soil and move debris or do anything in that area when it’s
contaminated. Well how much is the contamination. We never determined that. EPD came in
and did admit at one point that it was contaminated. Any contamination is too much. Any
contamination. Now, Mr. Mayor, I got about 30 seconds left I’m still on my time. I looked at
the Goldberg’s situation. We spent grant money and (Unintelligible. We spent over $10 million
dollars to clean up the old Goldberg property. We turned around with the Southern --- We spent
over $10 million dollars to clean that mess up. We turn around with Atlanta Light and Gas and
this is just a proposal to spend $50 million dollars to clean up the Atlanta Light and Gas. Also
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we talked about cleaning up 5 and Reynolds. We spent $1.5 million dollars on that but the
people are still living in Hyde Park. Mr. Mayor, what would it take for the commission and you
as the Mayor to move on Hyde Park and get those people out of there? Even if they want to stay
if it’s contaminated it’s the fastest way. We should not let allow people to live in an area that’s
known to be contaminated. I guess I need a motion or somebody to think that we’re going to be
able to really move on this situation and get those people out of Hyde Park. No other
community, the last statement here is that we took money, federal dollars from FEMA we bought
out Holiday Park it was built in a flood zone. It was not flooded but it was built there. We
bought out all of those homes, moved those people out and tore those homes down. But the
people are still living in Hyde Park. Mr. Mayor, Commissioners, if there’s someone that would
answer, please ma’am, please sir --- even as we speak now. What is the answer? What are we
doing, where are we going what are we doing to the community ---. Thank you.
Mr. Mayor: Thank you, Reverend Williams. Okay, Madam Clerk, let’s move on to the
consent agenda.
The Clerk: Our consent agenda consists of items 1-40, items 1-40. For the benefit of any
objectors to our alcohol petitions once the petitions are read if there are any objectors would you
please signify your objection by raising your hand.
Item 3. Is for an on premise consumption Liquor, Beer & Wine license to be used in connection
with The Loft Augusta located at 927 Broad Street.
Item 4. Is for an on premise consumption Beer & Wine license to be used in connection with
Express 2 located at 1944 Walton Way.
Item 5. Is for a retail package Liquor, Beer & Wine license to be used in connection with Wine
& Spirits located at 3150 Wrightsboro Road.
Item 6. Is for a retail package Beer & Wine license to be used in connection with the C Mart
located at 3403 Mike Padgett Hwy.
The Clerk: Are there any objectors to any of those alcohol petitions as read?
Mr. Russell: None noted, Madam Clerk.
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The Clerk: Consent agenda items 1-40.
Mr. Mayor: Okay, do we have any additions to the consent agenda? Commissioner
Mason.
Mr. Mason: Mr. Mayor, I’d like to add numbers 56, and 57 with corrections to the
consent agenda.
Mr. Mayor: Okay.
Mr. Brigham: Mr. Mayor, 56 takes a vote.
Mr. Mayor: Fifty-six we need to vote on the slate.
Mr. Mason: Add 57.
Mr. Mayor: Okay. Commissioner Bowles.
Mr. Bowles: I’d like to add items 44, 46, 47, 49, 53 and 54.
Mr. Mayor: Okay, do we have any further additions to the consent agenda?
Commissioner Grantham.
Mr. Grantham: Mr. Mayor, that being on the Finance Committee I’d like to have
consideration of item number 50, 51 and 52 be added.
Mr. Bowles: Mr. Mayor, I’ve got a question on 52.
Mr. Mayor: Any further additions to the consent agenda? Commissioner Brigham.
Mr. Brigham: Item number 45.
Mr. Mayor: Any further additions to the consent agenda? Commissioner Hatney.
Mr. Hatney: Number 53 and 54.
The Clerk: Fifty-three and 54?
Mr. Mayor: I believe we’ve added those.
The Clerk: Yes.
Mr. Mayor: Okay. Mr. Russell.
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Mr. Russell: Yes, sir. For the record, sir, item 57 the correction the commissioner
mentioned was The Enclave should be Sunset Village should be substituted in The Enclaves in
the document was typo.
Mr. Mayor: Noted for the record. Okay any further additions to?
Ms. Beard: Mr. Mayor, I’d like to add ---
Mr. Mayor: Commissioner Beard.
Ms. Beard: --- number 50.
The Clerk: Fifty was added.
Mr. Smith: Mr. Mayor?
Mr. Mayor: Commissioner Smith.
Mr. Smith: Could we add number 36?
Mr. Grantham: It’s already there.
Mr. Smith: It’s already in?
Mr. Mayor: Yes, sir. Commissioner Hatney.
Mr. Hatney: Is it possible to add 48?
Mr. Mayor: I’m fine.
Mr. Brigham: Mr. Mayor, I have a problem with 48.
Mr. Mayor: Okay. Any further additions to the consent agenda? Hearing none we’ll go
to items pulled for discussion. Any items to be pulled for discussion?
Mr. Grantham: Mr. Mayor?
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: I’d like to pull item number one and let’s see. I just want some more
discussion on item number 22.
Mr. Mayor: Okay, any further items to be pulled for discussion? Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. I’d like to get some discussion on item 33, please.
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Mr. Mayor: Commissioner Bowles.
Mr. Bowles: I’d like some discussion on item 15 and to make sure item 52 is not added
to the consent agenda.
Mr. Mayor: Madam Beard.
Ms. Beard: I’d like to know if anything needs to be done in reference to number 31 in
reference to the TEE Center and Laney Walker from the Administrator.
The Clerk: I beg your pardon, Ms. Beard.
Ms. Beard: What is that?
The Clerk: I didn’t hear you.
Mr. Mayor: Mr. Russell.
Ms. Beard: Thirty-one.
Mr. Russell: As per committee orders is it correct that the language I have with me and I
would be happy to distribute that if you like. But that language has been corrected.
Ms. Beard: Thank you.
Mr. Mayor: Okay, do we have any further items to be pulled? Commissioner Brigham.
Mr. Brigham: Number 16.
Mr. Mayor: Okay, any further items to be pulled for discussion? Okay, hearing none and
due to our high tech new set up everybody can read back the items that have been added and
items that have been pulled. But just for the sake of clarity, Madam Clerk, would you like to
read those back?
Mr. Russell: For the sake of us who can’t keep up.
The Clerk: Items to be added to the consent agenda. Items 57, 44, forty, you ready, Mr.
Russell?
Mr. Russell: I’m working on it. Forty-four.
The Clerk: Forty, 46, 47, 49, 53, 54, 50, 51, 45 as consent.
Mr. Russell: Okay.
The Clerk: Those items added and items 1, 22, 23, 15 and 16 pulled for discussion.
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Mr. Mayor: Can I get a motion to approve the consent agenda?
Mr. Grantham: So moved.
Mr. Brigham: Second.
CONSENT AGENDA
PUBLIC SERVICES
2. Motion to approve the request by the Augusta Aviation Commission to restructure two
(2) personnel positions within the airport Administration and Finance Departments.
(Approved by Public Services Committee January 30, 2008)
3. Motion to approve a request by Adrian Estrada for an on premise consumption Liquor,
Beer & Wine license to be used in connection with The Loft Augusta located at 927 Broad
St. District 1. Super District 9. (Approved by Public Services Committee January 30, 2008)
4. Motion to approve a New Application: A.N. 08-08: request by Young S. Hong for an on
premise consumption Beer & Wine license to be used in connection with Kinja Sushi
Express 2 located at 1944 Walton Way. District 1. Super District 9. (Approved by Public
Services Committee January 30, 2008)
5. Motion to approve a request by Ritaben S. Patel for a retail package Liquor, Beer &
Wine license to be used in connection with Hiral Enterprises, Inc. DBA H & S Wine &
Spirits located at 3150 Wrightsboro Rd. District 5. Super District 9. (Approved by Public
Services Committee January 30, 2008)
6. Motion to approve New Ownership Application: A.N. 08-03: request by Amarjeet S.
Cheema for a retail package Beer & Wine license to be used in connection with Cheema
Enterprises, Inc. DBA C Mart located at 3403 Mike Padgett Hwy. District 6. Super District
10. (Approved by Public Services Committee January 30, 2008)
7. Motion to place the Alcohol Beverage License held by William M. Guthrie for 1102
Downtown Bar & Grill located at 1102 Broad St. on probation for 90 days and revisit the
matter of the status of the license when the court case has been adjudicated. District 1.
Super District 9. (Approved by Public Services Committee January 30, 2008
8. Motion to approve a Resolution to extend through 12-31-08 limited authority to approve
change orders. (Approved by Public Services Committee January 30, 2008)
9. Motion to accept donation from Martin Marietta Materials in the amount of $1,500.00
and to allocate and amend the 2008 budget specifically to the Augusta Skatepark for
repairs to skate ramps. (Approved by Public Services Committee January 30, 2008)
10. Motion to approve amendments to the Senior Services grants through CSRA-RDC for
Wellness and Recreation, adding an additional $8,446.00 in funding, and $4,966.00 for
Nutrition home delivered meals. (Approved by Public Services Committee January 30,
2008)
11. Motion to approve the acceptance of two (2) Tourism Grants from Augusta Convention
and Visitors Bureau for 2008 and to amend the 2008 budget accordingly. (Approved by
Public Services Committee January 30, 2008)
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ADMINISTRATRIVE SERVICES
12. Motion to approve 2008 Cost-of-Living Allowance for retirees. (Approved by
Administrative Services Committee January 30, 2008)
13. Motion to approve upgrading an existing vacancy of Recreation Specialist IV – grade
41 to Augusta Botanical Gardens Manager – grade 49. (Approved by Administrative
Services Committee January 30, 2008)
14. Motion to approve authorization for scanning and computer terminal access to
Procurement records. (Approved by Administrative Services Committee January 30, 2008)
17. Motion to authorize two (2) additional staff positions for HCD and the reclassification
of the position of Housing Coordinator I. (Approved by Administrative Services Committee
January 30, 2008)
18. Motion to approve the amended and restated Local Small Business Opportunities
Program effective March 3, 2008 and repeal in its entirety the Disadvantaged Business
Enterprise Program, City Code of Ordinances, Sections 1-10-58 through 1-10-62, inclusive
as well as Sub-section 1-10-6(f). (Approved by Administrative Services Committee January
30, 2008)
PUBLIC SAFETY
19. Motion to approve the award of Bid Item #07-188 for the replacement of the engine bay
floor and aprons for Fire Station #11 to the low bidder, Horizon Construction and
Associates. (Approved by Public Safety Committee January 30, 2008)
20. Motion to approve the replacement of obsolete computer equipment (laptops,
computers, servers, printers, and scanners) and software upgrades. (Approved by Public
Safety Committee January 30, 2008)
21. Motion to approve a Resolution in support of Prescribed Fire, Georgia. (Approved by
Public Safety Committee January 30, 2008)
ENGINEERING SERVICES
23. Motion to approve an Option for the purpose of acquiring a Right-of-Way between
Gregory P. Rudy and Susan R. Rudy as owner, and Augusta, Georgia, as optionee, in
connection with the Alexander Drive Project, for 0.010 acres (456.63 sq. ft.) in fee and
(209.97 sq. ft.) of permanent construction and maintenance easement for the following
property located at 2807 Brickrun Way for a purchase price of $31,800.00. (Approved by
Engineering Services Committee January 30, 2008)
24. Motion to approve award of construction in the amount of $3,558,586.63 to Blair
Construction Company for the 630 System 36” Phase II water main project. Bid item #07-
203. (Approved by Engineering Services Committee January 30, 2008)
25. Motion to approve award of the contract for Shingle Roof Replacement for the Health
Department Complex on North Leg Road (Buildings F, G, H & I) to the low bidder,
Southern Roofing and Insulating Co., Inc. in the amount of $33,000. (Approved by
Engineering Services Committee January 30, 2008)
26. Motion to approve award of the contract for replacing the canopy fabric at the Jessye
Norman Amphitheater to the only bidder, Augusta Canvas, in the amount of $22,665.
(Approved by Engineering Services Committee January 30, 2008)
27. Motion to approve the deeds of dedication, maintenance agreements, and road
resolution submitted by the Engineering and Augusta Utilities Departments for Cambridge
12
Subdivision, Section Twelve-A. (Approved by Engineering Services Committee January 30,
2008)
28. Motion to approve the deeds of dedication, maintenance agreements, and road
resolutions submitted by the Engineering and Augusta Utilities Departments for
Cambridge Subdivision, Section Twelve-B. (Approved by Engineering Services Committee
January 30, 2008)
29. Motion to authorize condemnation of a portion of property #139-0-389-00-0 2948
Arrow Wood Circle, which is owned by O.Z. and Petra Henry for 1,627 Sq. Feet of
Temporary Easement. AUD Project: 50202 Horsepen Sanitary Sewer, Phase 2
Improvement Project. (Approved by Engineering Services Committee January 30, 2008)
30. Motion to authorize condemnation of a portion of Property #140-0293-00-0 2811
Pepperdine Drive, which is owned by Raymond D. Brigham for 2, 393 Sq. Feet for a
Permanent Easement and 1,940 Sq. Feet of Temporary Easement. AUD Project: 50202
Horsepen Sanitary Sewer, Phase 2 Improvement. (Approved by Engineering Services
Committee January 30, 2008)
31. Motion to authorize RFP for selection of a developer and approval of a development
agreement for design and construction of the TEE Center and approval of Transportation
and Tourism Fee Ordinance for Heritage Area Development with the following language
changes: For fifty (50) years following implementation of these provisions, unless extended
hereafter, $750,000.00 per year of the funds generated shall be allocated to the
enhancement of the Laney Walker and Bethlehem Heritage District. And under Fund
Uses, The Committee shall first fund rather than the word address. (Approved by
Engineering Services January 30, 2008)
32. Motion to approve Supplemental Agreement Number Four in the amount of
$515,000.00, thereby authorizing the Engineering Department to extend the current
agreement with Jordan, Jones & Goulding (JJG) for three years to provide project
management support via staff augmentation, to be funded from SPLOST Phase V
Administration contingency (325-04.1197-6011110). Contingent upon receipt and review of
executed documents. (Approved by Engineering Services Committee January 30, 2008)
34. Motion to approve a request from the Morris Museum of Art to place a sign on City
owned land at the intersection of Tatnall and Tenth Streets. (Approved by Engineering
Services Committee January 30, 2008)
35. Motion to approve the deeds of dedication, maintenance agreements, and road
resolutions submitted by the Engineering and Augusta Utilities Departments for Pinehurst,
Section One, Phase Two. (Approved by Engineering Services Committee January 30, 2008)
36. Z-07-102 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve with the following conditions 1) the Special Exception shall be
limited to the trans-loading of sodium bi-sulfite solution and manufacture of Aqua
ammonia solution. Components to manufacture aqua ammonia would be stored on site in
storage tanks; 2) the site will be in full conformance with the Augusta-Richmond County
Flood Ordinance which will require all buildings and equipment to be a minimum of three
(3) feet above the base flood elevation before a Business License shall be issued; and 3) 24
hour security cameras or personnel on site, shall be maintained at all times; a petition by
Southern Ionics requesting a change of zoning from Zone A (Agriculture) to Zone HI
(Heavy Industry) with a Special Exception per Section 24-2 to allow an inorganic chemical
manufacturing plant affecting property containing approximately 8.9 acres and is known
13
as 1724 Lumpkin Road Extension. (Tax Map 111 Parcel 023) DISTRICT 2 (Deferred from
the January 15, 2008 meeting)
37. Motion to ratify Emergency Purchase Order P144815 in the amount of $57,800.00 to
the Menk Company to replace the water lines and related valves supplying domestic and
fire protection water to the Municipal Building. (Approved by Engineering Services
Committee January 30, 2008)
38. Motion to authorize the city of Augusta to donate 4 parcels of right of way that belong
to the City that have to be acquired to construct the improvements on the Wrightsboro
Road project from Jimmie Dyess Parkway to I-520, ARC project number 323-04-
296823309. The Georgia Department of Transportation (GDOT) is funding and acquiring
the right of way for this project. (Approved by Engineering Services Committee January
30, 2008)
PETITIONS AND COMMUNICATIONS
39. Motion to approve the minutes of the regular meeting of the Commission held on
January 15, 2008 and the called meeting of the Commission held on January 18, 2008.
APPOINTMENT(S)
40. Motion to approve the appointment of Marcus Oliver to the Zoning Appeals Board
representing District 4.
FINANCE
44. Motion to approve an agreement for operating funds with the Augusta Museum of
History.
45. Consider a request from the Augusta South Rotary club for city sponsorship through
the purchase of tickets for a spaghetti dinner to benefit the Youth Challenge Academy
Scholarship Program.
46. Motion to approve Bid Item #07-187 for Design Services for Fire Administration Office
Renovations.
47. Motion to authorize RFP for selection of a developer and approval of a development
agreement for design and construction of the TEE Center and approval of Transportation
and Tourism Fee Ordinance for Heritage Area Development.
49. Motion to approve abatement of all County Ad Valorem taxes on Land Bank owned
property.
50. Motion to ratify authorization letter for purchase of tickets for the Lucy C. Laney
Museum Gala, February 2, 2008 for members of the Augusta Commission in accordance
with their request letter.
51. Consider a request from Paine College for city sponsorship through the purchase of
tickets for the Masked Ball 2008.
53. Approve the purchase of three F-450 Crew Service trucks to support the Fort Gordon
support contract by the Utilities Department.
54. Motion to approve abatement of all County Ad Valorem Taxes on all or the portion of
the properties by Augusta-Richmond County in 2007 as shown below.
14
ADMINISTRATOR
57. Motion to approve Subordination Agreement between Augusta Georgia and Augusta
Neighborhood Improvement Corporation.
Mr. Mayor: We have a motion and a second. Commissioner Hatney.
Mr. Hatney: Abstain on all alcohol, please.
The Clerk: Yes sir.
Mr. Hatney: Thank you.
The Mayor: With no further discussion commissioners now will vote by the usual sign,
which will be number one.
Mr. Hatney abstains.
Motion carries 9-1. [Items 3-6]
Motion carries 10-0. [Items 2, 7-14, 17-21, 23-32, 34-40, 44-47, 49-51, 53-54, 57]
st
Mr. Mayor: It’s unanimous. Ladies and gentlemen the first vote taken with the 21
century material. Abracadabra. We’re off to a great start. Madam Clerk, let’s go to the pulled
agenda items first.
The Clerk:
PLANNING
1. Z-08-05 – A request for concurrence with the Augusta-Richmond County Planning
Commission to approve with the condition that site plans shall conform to all Traffic
Engineering requirements; a petition by Bernard Johnson, on behalf of K.P. Management,
requesting a Special Exception in a B-1 (Neighborhood business) Zone per Section 21-2(b)
to establish a convenience store in a B-1 Zone affecting property containing approximately
1.5 acres and is known as 120 Robert C. Daniel Jr. Parkway. (Tax Map 0223-3 Parcel 004)
DISTRICT 7 (Deferred from the January 15, 2008 meeting)
Mr. Grantham: Mr. Mayor?
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Mr. Mayor, I had this pulled and we’ve heard this on a couple of
occasions and we were asked to go back and revisit this site to give the neighbors a clearer
notification of what was to be taken place up there. And I think Mr. Patty has done that and I’ve
still heard from the majority of the neighborhoods in that area as I well assume other
commissioners have from the Eagle Point neighborhood, Conifer, Dorchester as well as others.
It’s a highly congested area from the standpoint of the traffic. There’s been a lot of work,
construction work done on the roadway and I think to put any kind of ingress and egress into that
15
area without a traffic study would be certainly I think detrimental not only to the area but to us
making a decision to do that. I personally will continue to oppose the request being made for
this particular area but I think in keeping giving everyone fair opportunity that we would engage
in a traffic study. And if one has been done maybe Mr. Patty can tell us that ---
Mr. Mayor: Mr. Patty.
Mr. Grantham: --- then we would, we could move on from here without doing that.
Mr. Patty: I can tell you that one has not been done and I think it’s critical that one be
done. And the applicant’s here. They’ve agreed to do a traffic study at their expense and report
back to us as soon as it’s completed.
Mr. Mayor: If you could state your name and address for the record, please, sir.
Mr. Speaker: (INAUDIBLE) We are in the process of getting a traffic study done.
(INAUDIBLE) and as soon we get that we will contact Mr. Patty and (INAUDIBLE).
Mr. Mayor: Okay and would it be proper to have a motion to defer this agenda item until
the traffic study is complete?
Mr. Grantham: Mr. Mayor, I don’t have a problem with that. I’d like to at least let the
neighborhood know that what our intentions are to give everyone the same opportunity we’ve
given them in the last couple weeks. And I think they’d be in agreement to do that.
Mr. Mayor: Okay.
Mr. Grantham: So I think Mr. Brigham the other commissioner of that district might
have something to say.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham:Mr. Mayor, I think it would be more appropriate to send it back to
the Planning and Zoning Commission and for them not to send it forward and let them
hear it again after a traffic study is completed.
Mr. Mayor: Would you like to put that in the form of a motion?
Mr. Brigham: I did.
Mr. Mayor: Do we have a second?
Mr. Grantham: I’ll second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
16
Mr. Hatney: What does that actually mean? I didn’t really hear what he said.
Mr. Mayor: Okay, could you repeat your motion, Mr. Brigham?
Mr. Brigham: My motion was that we send it back to Planning and Zoning and they do
not send it back to us until after they’ve met again on this matter and received a traffic study.
Mr. Mayor: Okay, with no further discussion commissioners will now vote by the usual
sign.
The Clerk: Mr. Hatney, Mr. Smith and Ms. Beard.
Mr. Hatney: I voted already.
The Clerk: Well, try it again.
Mr. Hatney: Do it again?
The Clerk: Yes, sir.
Motion carries 10-0.
Mr. Mayor: All right? Y’all got remote controls for your TV’s!
Mr. Grantham: Mr. Mayor, I’m going to ---
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Thank you for the time this is just a point of privilege. But with the
signatures I’ve received I’d like to give these to our Clerk on that last issue.
Mr. Mayor: Okay. Thank you.
Mr. Grantham: Thank you.
Mr. Mayor: Okay, Madam Clerk, next agenda item.
The Clerk: Twenty-two.
Mr. Russell: Mr. Mayor ---
Mr. Mayor: Mr. Russell.
Mr. Russell: --- the attorney for the client in this particular case is in route and it would
be appropriate I would think if you could continue that until he gets here.
17
Mr. Hatney: What number?
Mr. Mayor: Okay, it’s number 22 and we’ll actually, the attorney is in route so we’ll
come back to item number 22.
Mr. Russell: I’m sorry, wait a minute.
Mr. Mayor: Excuse me. Fifteen is ---
Mr. Russell: Next.
Mr. Bowles: My question is I don’t think we need an attorney present.
Mr. Mayor: Okay, but 15 was actually, I was going to go in order of ---
The Clerk: Numerical order, not the order they were pulled.
Mr. Mayor: Numerical order.
The Clerk: Okay, all right and that’s 15.
Mr. Russell: Then what I said was true, sir.
Mr. Mayor: Okay, Commissioner Bowles was this your pull?
ADMINISTRATIVE SERVICES
15. Motion to approve an Ordinance providing for the demolition of certain unsafe and
uninhabitable structures in the Bethlehem Neighborhood: 1108 Mercier Street, 1306
Johnson Street, 1454 Mill Street, 1412 Picquet Street, 1122 Wrightsboro Road, (District 1,
Super District 9); Harrisburg Neighborhood: 2005 Clark Street, 214/216 Perkins Street,
209/211 Perkins Street, 2007 Brown Lane, 513/515 Smith Lane, 517 Smith Lane, 1924
Greene Street, (District 1, Super District 9); Hyde Park Neighborhood: 185 Aragon Street,
2013 Willow Street, (District 1, Super District 9); Laney-Walker Neighborhood: 1131
Hopkins Street, 1124 Eleventh Street, 918 Carrie Street, (District 1, Super District 9);
Turpin Hill Neighborhood: 1722 Douglas Street, 1707 Douglas Street, 1456 Essie McIntyre
Blvd., 903 Fourteenth Ave., (District 2, Super District 9); East Augusta Neighborhood
(Virginia Place Subdivision): 2412 Danville Street, (District 2, Super District 9); Olde Town
Neighborhood: 519 Second Street, (District 1, Super District 9); Meadowbrook
Neighborhood (Green Forest Subdivision): 3034 Mistletoe Ave., (District 4, Super District
ND
9); AND WAIVE 2 READING. (Approved by Administrative Services Committee
January 20, 2008)
Mr. Bowles: Thank you, Mr. Mayor. Yes, sir. I just have a question for Mr. Sherman.
What’s the total amount of the budget and what balance will we have left after these demolitions
are done?
18
Mr. Sherman: The budget this year is $125,000. We have 24 properties here and the
estimate is fifty-two hundred per structure. I suspect some of these might come in less than that.
So we’re --- all of them.
Mr. Bowles: And, Mr. Mayor ,my concern here is that we’ve allocated $750,000 for the
Laney-Walker Bethlehem Heritage District which hopefully we’ll start collecting those funds
shortly. And my hope is we can reimburse some of these other accounts with those two areas
that we’re doing the work with now with the General Fund so we can go and spread these funds
throughout the entire city rather than concentrating on downtown. Because I really don’t see but
two areas really being addressed with this proposal. And we have abandoned structures all over
the city. So I’d like to make a substitute motion that would have any funds that come into the
Laney-Walker Bethlehem Heritage District reimburse the General Fund for these expenditures
and then those funds be reallocated throughout the district if those funds come in.
Mr. Mayor: Mr. Russell, can we?
Mr. Mayor: Ms. Beard.
Ms. Beard: Mr. Mayor, that is absolutely impossible and I’m very, very sorry that this is
coming to this. But you know we’re doing a lot of things in this city. We’re doing the
Exhibition Center and along with that it’s stated that we would also revitalize Laney-Walker and
Bethlehem. That’s something that is long overdue. I’ve lived here all of my life and I am
wondering with all the blight that we have that we think these funds should be used for that
because if it is to be used for that it will take all of it. Now when I made that vote I made it
because this was very important to me and I’m going to insist that we follow what the directions
are here.
Mr. Mayor: Okay, we had a motion but there was no second. Commissioner Grantham.
Mr. Grantham: Mr. Mayor, I think maybe some clarity needs to be issued here. Is it, we
budgeted $125,000.00 be used for demolition of areas that we felt necessary when we came and
selected it. We also designated $750,000.00 of the dollar-room tax to go toward the inner city
revitalization program. Some of the houses listed in this listing up here now is within that inner
city within that Bethlehem area and the Laney-Walker area. What I think Commissioner Bowles
is saying is that go ahead and use the General Fund to do the work that has been recommended
and will be voted on. But when a collection is made for that particular designated area that just
those houses that are in the Laney-Walker and Bethlehem area that that money be refunded back
or we may run into a problem in the future that you may not ever be able to use General Funds
again for the inner city. If that makes sense to you.
Mr. Mayor: Okay, Commissioner Hatney.
Mr. Hatney: One question. If you’re talking about the areas of Laney-Walker and
Bethlehem that are listed here and they’ll probably have to be taken down anyway, why wouldn’t
it be simpler to just delete those until after that process is started? So because I don’t think you
ought to go into a fund that has not yet been received and offer a situation where they would
19
have to have to order the reimbursement before we would get the money. If you’re talking about
the parts that in the Lincoln/Laney-Walker Bethlehem area it’s going to have to come done
anyway as a part of the process. As a part of the process then I’m just kind of leery of messing
with processes because I’ve seen that kind of backfire. But I was thinking is that I couldn’t
anything real harmful about it if there are in those designated areas, Laney-Walker, Bethlehem.
If you’re talking about reimbursement and you’re that short of money, just leave them alone. It
should probably be the same thing with the Hyde Park area because we haven’t decided what
we’re going to do with that yet. So there are ways to get around that but I don’t think we ought
to build a project that has not yet gotten off the ground. I don’t think that’s the best way to do
that.
Mr. Mayor: Okay. Mr. Russell.
Mr. Russell: My concern would be that as we go forward with this project that we’re
anticipating bonding these dollars so that we can move forward quickly. To obligate that up
front with money to go to something else at this particular point in time I’ve got a little bit of an
issue with that. You’re talking about eight properties that would roughly be about $40,000.00. I
would prefer, in my estimation I would prefer if we had to look for additional funds to do those
I’ve got no problem with looking in. We’re going to be back asking for more money obviously
because we’ve got a lot that needs to be done. But I think if you’re going to bond those dollars
up front you don’t want to start off with that attack at this particular point in time.
Mr. Mayor: Ms. Beard and then Commissioner Hatney. Ms. Beard.
Ms. Beard: Mr. Mayor, the commission requested that we form a committee to work
with the Bethlehem and Laney-Walker area and we have that committee and it is composed of
you, Mr. Russell, me, Mr. Marion Barnes, a member of the community, Mr. Johnson, Cedric
Johnson, I believe he’s here, and Mr. Wheeler of Housing and Economic Development. And it is
my hope that at every meeting funds pertaining to this will not come up. Because it is my hope
that this committee will be able to direct the manner in which those funds will be used.
Mr. Mayor: Commissioner Hatney.
Mr. Hatney:
Mr. Mayor, if I’m in order if due to the fact that we don’t want to get into
My motion is that we
this kind of dilemma already. We just had two great unanimous votes.
go ahead and approve this as it is and trust the Administrator if we need to find other
monies for other projects come back with that at that time.
Mr. Mayor: We have a motion. Is there a second?
Mr. Mason: Second.
Mr. Mayor: We have a motion and a second. Commissioner Bowles.
Mr. Bowles: I’ll agree with that but I still get back to the fact that 99% of these funds are
being spent on two districts and we have blight all over Augusta and that’s simply what I was
20
trying to address and I apologize if anybody took that the wrong way. But you know I was
hoping we could go on with the projects but I definitely hope that next year we have a list that
includes the other districts of Augusta.
Mr. Mayor: Well, and we are, obviously this government is committed to community
redevelopment and this is just a start. We’ve got a long way to go. If there’s no further
discussion commissioners will now vote by the usual --- Commissioner Brigham.
Mr. Brigham: You know I’ve had a number of years on this commission and I have yet
to see what Mr. Bowles is talking about where we have other structures to be looked at. We
have spent a pile of money in this area. I know it needs a lot of money to be cleaned up in these
areas. But I also know that we need to look at the other districts that all of us are suffering from
blight. And at least, you know give us one in some of these outlying districts just once every
other year maybe.
Ms. Beard: Mr. Mayor, may I please say this.
Mr. Mayor: Madam Pro Tem.
Ms. Beard: I think it’s very important. Jerry, we’re focusing on this area at this point but
we’re very concerned about all of the areas. And we understand we have blight all over this city
and this is the beginning of trying to eradicate it. And I honestly believe we’re making progress.
This is one of the most exciting things that’s happened in this community. As it has happened
you still have housing and economic development with funds for the entire city and I’m certain
that we’re going to look for funds for other areas of the city. But we have to begin somewhere
and the funds we’re talking about will not take care of all the revitalization that’s needs to be
done in that area.
Mr. Mayor: Okay. Commissioner Brigham.
Mr. Brigham: This is fair. I got chastised. I need to make an observation. We have
spent on this commission hundreds of thousands of dollars. Many years and I have yet to have
one house in District 7 been torn down in the 10 years of consolidation. And that’s all I’m
saying. I’m going to vote for this motion ---
Mr. Mayor: Okay.
Mr. Brigham: --- but I want it understood. I expect sometime to get a scrap at the plate.
Mr. Mayor: And we will get there I guarantee. Once again we will get around to all the
areas of the city. Commissioners will now vote by the usual sign.
Mr. Hatney: What ---
The Clerk: To approve.
21
Mr. Mayor: To approve as submitted.
Mr. Smith votes No.
Motion carries 9-1.
Mr. Mayor: Okay, Mr. Russell has requested, Mr. Russell that we go agenda item
number 58 I believe. Madame Clerk?
Mr. Brigham: I thought we were going in numerical order, Mr. Mayor.
Mr. Mayor: We were but the Administrator requested that we move to 58 because
somebody needs to leave. I know that’s not any of us.
The Clerk:
ATTORNEY
58. Approve an ordinance attached hereto to repeal Augusta-Richmond County Code
Sections 1-3-8.1 through 1-3-8.6 with new Section 1-3-8.1 through 1-3-8.14.
Mr. Mayor: Mr. Russell.
Mr. Russell: This is an ordinance that amends the current airline rents and fees for
Augusta Regional Airport. They’re here to speak to that and they had to leave early so I wanted
to give them the opportunity to do that sir.
Mr. Mayor: Okay. Don’t be shy.
Mr. Speaker: The airport authority had established rents and fees for gate and terminal
usage at the beginning of the construction process. With the opening of the new terminal they’re
proposing an additional, a new rate and fee structure applied for airplanes parking at the
terminal. This rate structure will apply in the event there’s no terminal lease with any additional
airlines (INAUDIBLE).
Mr. Brigham: So moved.
Mr. Mayor: Okay, we have a motion. Is there a second?
Mr. Hatney: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Motion carries 10-0.
Mr. Russell: Thank you, Mr. Mayor.
22
Mr. Mayor: Thank y’all.
The Clerk: Back to Item 16?
Mr. Mayor: Yes, ma’am.
The Clerk:
ADMINISTRATIVE SERVICES
16. Motion to authorize the Administrator to fill the position or allow him to take one of
the current unfilled positions and move it into that position. (Approved by Administrative
Services Committee January 30, 2008)
Mr. Mayor: Commissioner Brigham, I believe this one was yours.
Mr. Brigham: Yes, sir, Mr. Mayor. I do not believe that this office needs a full time
secretary. I believe there are other offices in this county that doesn’t need a full time secretary
and I believe that the Administrator can appropriately match up those offices. And I would make
a motion we instruct him to do so.
Mr. Mayor: Okay, we have a motion. Is there a second? Commissioner Johnson.
Mr. Johnson: I just need to get some clarification on what it is they actually do. Are you
saying she needs an assistant in the office or what is it?
Mr. Mayor: Mr. Russell.
Mr. Russell: Yes, I can. The EEO position has a requested a secretary not an additional
secretary. One secretary. I was instructed by committee to fill that position by changing one of
the currently authorized positions to that particular position as opposed to adding an additional
body to our payroll. So that would be done as directed by moving either a current position that is
vacant and let her fill that or filling that with a current employee.
Mr. Mayor: Commissioner Mason.
Mr. Mason:
Thank you, Mr. Mayor. For an office that’s this critical to this government
I don’t see how we cannot have an assistant, an administrative assistant someone else in there.
This very government should really look very seriously at our EEO issues and the potential
issues that can come from this particular department or they can be alleviated because of this
particular department. In my mind it would be difficult for me to understand how we could ask
one person to do the type of job to the standard we would need it to be done in this particular
important department and not give some assistance to help make it happen. In my mind if we’re
serious about doing what’s best for this city and for our employees to boost morale and
everything else that goes with that I very, very strongly suggest that we place or put a position in
place for an administrative assistant. Is that what we’re asking for, an administrative person for
this particular office? I think that this office too critical for us not to have the appropriate people
23
in place. When we put the right people in the right place with the right skills we can get the right
. We need to do that for this office.
results
Mr. Mayor: Would you like to put that in the form of a motion?
Mr. Mason: I would.
Ms. Beard: Second.
Mr. Mayor: Okay, we have a motion and a second and that motion is to approve, correct?
Mr. Mason: That’s correct.
Mr. Mayor: Okay, if there’s no further discussion commissioners will now vote by the
usual sign.
Mr. Brigham, Mr. Grantham, Mr. Smith and Mr. Bowles vote No.
Motion carries 6-4.
Mr. Mayor: All righty, Madam Clerk, next agenda item, please.
The Clerk:
ENGINEERING SERVICES
22. Motion to abandon Mulherin Street between Beman and Druid Park to Paine College.
(Approved by Engineering Services Committee January 30, 2008)
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: Mr. Mayor, I raised this question and I did the other day in our
Engineering Services meeting. And I understand from conversation that they’re working out
some type of swap with DOT and with our Engineering Services. I just wondered how that has
progressed and are we to have a hearing on abandonment of property prior to deeding it to
another entity. Attorney?
Mr. Mayor: Ms. Johnson.
Ms. Johnson: Typically, Commissioner Grantham, we would. There has to be
notification to the property owner or a titleholder of the property.
Mr. Grantham: Well, the city owns it but, excuse me, Mr. Mayor. The city owns it but
do we have a public hearing since it is government property and the public either has to come to
that hearing or you know based on that I just what to make sure we go through the right process.
I don’t mind doing it and I realize what we’re into as far as trying to work out things with them.
But if we have to have a public hearing then we should hold up on this vote until those public
hearings are held and then we come back and vote to approve the abandonment of that property.
24
Ms. Johnson: Jim Plunkett has been working on this for quite some time. Do you want
to check to see ---
Mr. Grantham: We already had it.
The Clerk: We already had it.
Mr. Grantham: Oh, yeah absolutely. Good point.
Mr. Mayor: Mr. Boudreaux, are you?
Mr. Boudreaux: There will be a public hearing if there has not yet been one. This
agenda item is to get the process rolling, the concept of getting it added and approved.
Mr. Grantham: Do you need this, excuse me, Mr. Mayor. Do you need this approved
subject to the hearing or to get the process going and then you bring it back?
Mr. Boudreaux: It will ultimately come back. What the agreement (INAUDIBLE).
I make a motion we approve based on the
Mr. Grantham: I don’t have a problem.
Attorney’s recommendation.
Mr. Brigham: Second.
Mr. Mayor: We have a motion and a second. Commissioner Brigham.
Mr. Brigham: Let’s make a clarification. That’s a motion to have a public hearing on the
possible abandonment of this property. Is that what I understood it to be?
Mr. Mayor: I don’t know if we can say motion to get the ball rolling Mr. Boudreaux.
How does the motion need to be phrased?
Mr. Boudreaux: To begin the process, approve the process to begin the process of
abandonment of property.
Mr. Mayor: And Commissioner Grantham that’s your motion?
Mr. Grantham: That’s correct.
Mr. Mayor: Okay. If there’s no further discussion commissioners will now vote by the
usual sign.
Motion carries 10-0.
The Clerk:
25
ENGINEERING SERVICES
33. Motion to reject the proposals and request another RFQ relative to the contract to
provide soils and materials testing services for the James B. Messerly Water Pollution
Control PlantProject (RFQ #07-196) in an amount not to exceed $371,394.00. (Approved
by Engineering Services Committee January 30, 2008)
Mr. Mayor: Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. I pulled this item due to the - I want to say the
beating that this government has taken in the press in the last week or so in relation to our
contract procurement and commissioners making decisions in reference to contracts. So I don’t
know if there’s someone here from Procurement that can answer a couple of questions that I
have and get it out on the record for God and country to hear. I don’t want to put anybody on the
spot but we do have some tough questions we need to ask and we need to be as transparent as we
can be in this government. So if we could have a representative from Procurement.
Mr. Mayor: Okay. Ms. Sams.
Mr. Mason: And one of the things I’d like to say, Ms. Sams, this is not directed at you in
terms of trying to beat a horse or anything like that but I do have some tough questions I’d like to
ask in reference to this particular agenda item. As I looked at it, it appeared as though that there
were three bids that were submitted for this particular project and it appears that one bid was
accepted and based on what I’m reading there were two bids that we not accepted due to non-
compliance. And there was a quote by one of the lawyers I believe it was Mr. Mullins that we
could have saved this government over $200,000.00. Now that’s a lot of money. Can you speak
to the facts first of all is there a law or mandate that governs non-compliance with the
contracting?
Mr. Mayor: Ms. Sams? Go ahead.
Ms. Sams: Thank you very much, Mr. Mayor. Thank you, commissioners, for giving me
an opportunity to address you as it relates to this particular bid. Mr. Mason, Commissioner
Mason, of course there is a process. And that process was identified in the RFQ, which is the
process for procurement period of testing in this particular bid. This bid was opened on
thththstth
November the 30 it was published on the 18, 25, the 1 and the 8 of November. We
th
received a possible forecast from DemandStar on October 18. All of that process is in
accordance to the Augusta-Richmond County code. Fourteen vendors were notified or received
documentation as it relates to this particular bid. All the vendors, sir, that were forecasted by a
system called the DemandStar and also fourteen vendors. And one vendor, Environmental
Conservative Laboratories, went in to look at that proposal. In addition to the DemandStar the
City of Augusta in its --- pulled from it’s vendor list for that particular type of service. We had
received copies of the RFQ. Now when we’re talking about RFQ’s we’re not talking about a low
bid process. We identify the needs and the --- of Augusta Richmond County and from the scope
of services that that RFQ identifies we then go into a evaluation period. Part of that evaluation
came from the department who evaluated the process of the RFQ and the submittal. CSRA did
26
not return Georgia Security Immigration forms which was requested by the City of Augusta. A
th
notification letter to the CSRA was given to him on Tuesday, December the 4. A letter from
th
Attorney Mullins dated December the 7 was received in the Procurement Department on
th
December the 10. The information was given to the attorney’s office for the City of Augusta
and also the Utilities Department for review. For us that’s a normal process when a bid protest
letter is received. The Utilities Department as do all the other departments in Augusta Richmond
County placed that item on the new agenda. All other communications was done by the
attorney’s office which is the reason why your agenda item on this first round you did not hear
the information I share with you today because it was omitted. Note that the following
information needs to be considered as it relates to an RFQ. It’s not a bid to low to middle it’s not
necessarily the person that brings everything that the RFQ requires. So it’s not price driven.
And then the price that’s submitted to the Procurement Office is not the same as indicated by Mr.
Mullins. The Utilities Department will explain the extension and I too read the minutes from the
last meeting where an exaggerated figure saying that it’s going to cost the taxpayers in Augusta
Georgia $140,000 - $263,000 dollars. Unfair, untrue and misleading. The variance on that
particular RFQ with all of these proposed to take under consideration for the $19,432.00. How
did we arrive at that? If you look in your agenda books here you will find a letter from the
department and the department explains how they arrived at this $14,000.00. Now we just said
that it was not a low bid that it was in fact an RFQ and in the RFQ process the Procurement
Department asked what the best submittal from the department. To answer that question sir each
vendor was asked to set up field arrangements. In fact just let me clarify something here. Within
the RFQ documents it reads, Publication for proposals must also include a narrative description
of how this project works that will be executed including a list of the members of types of
personnel involved, their permanent assignment, location, anticipated travel time, report time,
field set up arrangements, laboratory, turn around time, contract and report preparation. A list of
current references will be required for the --- and the proposed project technician. I have with
me and I’m wanting the Utilities Department to come up later and just show you how we arrived
at that figure. To make everything equal, all of the quantities are the same. The only difference
that you would see is where CSRA did not include a mobile lab, MC did. But there’s something
else in this spreadsheet that I’d like you to look at. If you look at the concept of the text you’ll
see that those numbers are much higher as it relates to CSRA. Mr. Mayor and commissioners
the Procurement Office is not just an opportunity to look at bottom lines and look at the process
it’s to look at what the City of Augusta (UNINTELLIGIBLE). So in this case we followed the
letter of the law as designed for the Augusta-Richmond County process. We addressed this we
evaluated the submittals and named the recommended (UNINTELLIGIBLE). If you look at the
bottom of the page you can see if we would move the mobile lab which the department says
would be advantageous for the to use at the site the difference would give you the amount of the
amount of the $19,000.00 variance. Without the mobile lab MC’s submittal would be
$328,194.00. CSRA would be $447,626.00.
Mr. Mason: Okay. At that point, Mr. Mayor, I just have one more question. This is a
short answer here. It was mentioned that there were, the two that was not accepted for non-
compliance were a mere technicality. And my question to Ms. Sams would be do you have the
authority to waive technicalities within the Procurement Department. Does that authority rest
with you?
27
Ms. Sams: Mr. Commissioner, if you will open your book and I think I’ve given you
each a copy of the Augusta-Richmond County Code. Look at Section 1-10-43. Page one behind
the first tab it says all requests waived or modified shall be submitted through the procurement
director to the appropriate committee and that would be the commission of Augusta-Richmond
County for approval. According the ARC code to answer your question sir in accordance to the
ARC code my answer is no.
Mr. Mayor: Okay. Commissioner Bowles.
Mr. Bowles: Thank you, Mr. Mayor, and I think that hopefully we can have some
discussion on the bidding process later and get down to you know when it comes to best value
for our citizens you know and it goes back to the court case it is, this government’s body right
here that determines what constitutes conformity and what doesn’t. And someone we need to
translate some of that power to our Purchasing Department to determine what items are material
violations and what items are non-monetary violations and can be submitted so that we don’t
have to resubmit bids and we can open those bids and save the taxpayers money rather than
waiving a quarter or half a year to go ahead and get these items out the door. So I agree with Mr.
Mason and Ms. Sams. Somehow we need to give authority down and get some of the burden off
this commission and assist that department.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Mr. Mayor, my concern is we’re still down to one proposal. I’m going to
make a motion we either we reject all proposals and re-bid it or either we open all proposals and
make a solution based on that.
Mr. Mayor: I don’t think you can have it both ways on the motion.
Mr. Brigham: Okay, then I’ll make a motion that we reject all proposals and go out for
proposals. That’s what the committee’s recommendation.
Mr. Mayor: Okay. Commissioner Hatney.
Mr. Hatney: Mr. Mayor and commissioners, let me ask one question. I’m going to make
one observation. If I remember correctly during the process of this and I’m not sure how we get
to this point in committee where the process has to me been hijacked because I do believe this is
the only body here that has the authority to do any of what the committee recommends to be
done. My other concern is that if I remember correctly the Attorney advised the Utility
Department to go ahead and do the bidding as if though it met compliance and this person still
did not come up with the low bid. We really don’t have no reason to do that because that person
was considered and still ended up not having the low bid.
Ms. Sams: We did in fact give that data on all bidders (unintelligible) for evaluation.
And we did in fact include the bid of CSRA. In relation to the needs of the department
(unintelligible).
28
Mr. Hatney: The other part of that is if I’m not mistaken also is that if the individual was
treated as if though he was in compliance and the same two that was measured with one
company that company that won the bid, was used with this company and this company’s bid
was higher. I really don’t see where we got any reason to go back out, reverse this and go back
out for another bid. That creates some ill will and I don’t think the person who won the bid is
being treated fair here either because in fact we don’t know who he is.
Mr. Mayor: Would you like to put that in the form of a motion?
Mr. Hatney: My substitute motion is ---
Mr. Mayor: Wait let me clarify. The primary motion did not get a second, correct?
Mr. Hatney: My motion is that we go on an award the bid to the person who won
the bid.
I think that’s MC Squared. Is that right? That’s my motion.
Mr. Holland: I second it.
Mr. Mayor: We have a motion and a second. Commissioner Grantham.
Mr. Grantham: Mr. Mayor, just for conversation and comment in regards to that. To
where the Attorney may have indicated that we would be legal in awarding the bid I don’t think
he said you should award the bid because the final decision is left up to this body as to any bid
process that comes in to be awarded or rejected. We have the opportunity and the option to
reject one bid or even all of them that may come in. The point I made the other day in raising the
question was that theoretically we ended up with just one bid because until the questions were
raised it’s my understanding that none of those bids that were rejected had been opened or had
they been discussed in regards to the amount of those bids. And if that’s the case then if we only
had one bid then this body can make a decision as to whether they’re going to accept that one bid
or reject that one bid. The Administrative Committee is merely making a recommendation to
this body not making a decision for them but moving an agenda item forward to expedite the
process that we have in place of either voting on or not voting on if it goes to consent. So I just
wanted to clarify that and I felt like it was important that the Attorney was just making I think a
clear understanding to us that we can accept it and if we did accept it then we were in our legal
rights to do so.
Mr. Mayor: Okay. Commissioner Smith, then Commissioner Bowles, then
Commissioner Hatney.
Mr. Smith: Thank you, Mr. Mayor.
Mr. Mayor: Please come in that order.
Mr. Smith: Yes, Ms. Sams. In the RFQ did it have that you had to have an on site lab
present?
29
Ms. Sams: It’s part of the specifications on, and I don’t have the page number so that
(INAUDIBLE). Commissioner, it was as option. In the RFQ it did in fact ask each vendor to
propose their field setup.
Mr. Smith: Thank you.
Mr. Mayor: Commissioner Bowles.
Mr. Bowles: I just want to go over this one more, Mr. Saxon probably needs to help out
on this. So we did open CSRA Testing’s bid after and opened everything up and compared
apples to apples and that’s what the recommendations based on today.
Mr. Saxon: Once we, after we had already evaluated MC Square’s bid and they
submitted the agenda item based on that bid and I believe after the protest was filed I was asked
to meet with the department in the Attorney’s office and in that meeting they asked me to look at
the pricing sheet that was provided by CSRA and compare the prices to the prices of MC
Squared bid and I did that. One thing I think that might clear some things up is in the
information that I had for the CSRA’s pricing sheet they had used different unit quantities for
some of the tests we were asking for and so when I did the comparison in order to make it an
even comparison I adjusted the quantities to the ones that were the estimated quantities within
our RFQ.
Mr. Mayor: Commissioner Hatney, did you have another?
Mr. Hatney: Mr. Mayor, excuse me, sir, did you say that they had less quantity or more
quantity than you required that the RFQ required.
Mr. Saxon: They showed in some cases about a tenth of the quantity assigned than what
we originally asked for.
Mr. Hatney: Just the tenth of the whole. Just the tenth of the whole or a tenth less?
What are you saying?
Mr. Saxon: A tenth of the whole.
Mr. Hatney: In other words you asked for a hundred they gave you ten.
Mr. Mayor: Okay, we have a motion and a second and I think ---
Mr. Brigham: Point of personal privilege, please.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: I’d like to hear from the gentleman ---
30
Mr. Mayor: I was about to call on him. Thank you, sir. We will here from you and then
I think we need to move along with this vote. Please sir, state your name and address for the
record.
Mr. Speaker: --- with CSRA Testing (INAUDIBLE) objection of the proposal on the
agenda. If you’re all familiar with what we discussed our original proposal was rejected due to
technicalities. I believe it was all (INAUDIBLE). My understanding it was evaluated and that
our proposal came back higher than MC Squared. We have here it was recommended they be
awarded $371,394.00. I called Mr. Saxon today and left word. I’m sorry we didn’t talk prior but
somewhere I think he’s misunderstanding our number of tests. Two items on the agenda item
that one was to provide services by the test. Actual number of test that you required are
presented right here. You can see the exact number every one of them as asked for. Our price is
$104,401.00 and we’re happy to do the job at that amount. The next item I’d like to show you is
they had as an alternate to provide tests by the individual tests to have a lump sum to provide
this. Now obviously if we have a lump sum the technician has no time to run tests as needed and
we don’t need all the quantities for the number of tests involves the manager full time. We do
know that this technician cannot be two places at one time. There are times when scheduling
conflicts (UNINTELLIGIBLE). So in that case you have to included some extra tests. When
have been providing tests and services to Augusta for I believe we have been incorporated in the
city limits of Augusta for 40 years since 1968 and have been providing these same services not
only at this particular project (UNINTELLIGIBLE). We’re very familiar with what it require,
we’re very familiar with the type of personnel and equipment that’s necessary as far as the lab
part is concerned. Some of the tests are very specific on the type of positions each step has to be
run on. They have to have a certain remitting temperature requirements and some form of
laboratory is required. If we have (UNINTELLIGIBLE) and can perform without additional on
site laboratories.
Mr. Mayor: Okay.
Mr. Saxon: I do believe we’re much less and the reason I did this was going out with one
of the technicalities is that everybody I think was in agreement and it wasn’t necessary
(INAUDIBLE).
Mr. Mayor: Okay, we have a motion and a second. Commissioner Jackson.
Mr. Jackson: I’d like to hear from Mr. Saxon some clarification on the dollar amounts.
Mr. Saxon: We would prefer to have the on-site technician to evaluation. That idea was
based on alternative bids and it was my interpretation looking at the form that was provided that
the technician did not include any of those analyses. There was a low cost per analyses for those
tests and all the other tests would be included in the technician’s costs. As you can see --- that’s
basically doing the same test twice.
Mr. Mayor: Okay, sir, and I’ll recognize you because you submitted the bid but we have
gotten completely bogged down on this issue and we need to vote on it. Would you like to
speak, sir?
31
Mr. Wilson: Thank you, Mr. Mayor. Thank you, commissioners. My name is Tom
Wilson. I represent MC Square. I’m the consulting engineer in the State of Georgia and Florida.
This body put together a request for proposals in which it was both clear, concise and entire rules
of engagements whereby --- this, this and this. We have complied with all of the requirements
we submitted all our proposals on time it is complete. All documents were signed before the due
date. All the necessary attachments were included. We were selected. I am very confused as to
why it’s taken so much time. The letter was issued considering the tax. This is not an issue of
technicality this is an issue of understanding the requirements. This is an issue of understanding
that there are rules of engagement (UNINTELLIGIBLE). Our consultants must abide by your
rules not ours. We don’t pick and chose what is (UNINTELLIGIBLE). They just for all of us. I
must caution myself (UNINTELLIGIBLE). This is dangerous stuff. We go through the
obligations we submit what you ask us to submit. We don’t choose the rules of engagement.
(UNINTELLIGIBLE). We do what is right. In carrying over with the award of this contract
we’re not (UNINTELLIGIBLE). This is unfair to anybody this is unfair to us and unfair to the
taxpayers. It will be very expensive to everybody in the state. We are the lowest bidder and
(UNINTELLIGIBLE) mind you we’re still the lowest bidder.
Mr. Mayor: Okay we’ve heard from all sides on this issue. Commissioner Johnson and
then I would ask for somebody to respectfully call for the question on this one. Commissioner
Johnson.
Mr. Johnson: I would just like to add I agree with you on that, Mr. Mayor, thank you.
But we need to go with the original proposal. We’ve spent too much time on this. It was
submitted properly on time and we’re just wasting a lot of time bickering over something that
was correctly. Unfortunately ---
Mr. Speaker: (INAUDIBLE).
Mr. Mayor: Okay sir, Mr. Pope, I, please I need to recognize people. And everybody
this is not a court of law where everybody, this is so we need to go ahead an approve it or not.
Commissioner Johnson.
Mr. Johnson: I would just like to add let’s just please go through with the motion
respecting the original bid and proposal and get this over with.
Mr. Mason: Call for the question, Mr. Mayor.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
Mr. Smith: Mr. Mayor, what is the motion?
Mr. Mayor: The motion is to approve ---
The Clerk: Award the bid to MC Squared.
32
Mr. Mayor: Okay, commissioners will now vote by the usual sign.
Mr. Bowles, Mr. Jackson, Mr. Brigham and Mr. Grantham vote No.
Motion carries 6-4.
Mr. Mayor: Okay, Madam Clerk, that one agenda item took longer than the rest of the
entire meeting. Next agenda item.
Mr. Hatney: Mr. Mayor?
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: Before we go any further may I ask. I do believe that this document here is
sufficient to guide commissioners through the process and if it’s not then I would ask that the
Administrator and the procurement person do any tweaking that need to be done in and make
sure it’s easier on steward because I didn’t find it hard to understand and I didn’t find anything
wrong with the process. So but if it’s such that it’s not that easily understood then I suggest that
the Administrator and the procurement office might want to hold a workshop on this. We have
too many of these things coming up and I’m not being funny. The process of bidding should not
be interfered with before it gets here.
Mr. Mayor: Okay. Next agenda item, Madam Clerk.
The Clerk:
PLANNING
41. Z-07-104 – A request for concurrence with the Augusta-Richmond county planning
Commission to approve with the following conditions 1) no access to Sharon Road; 2) no
freestanding signage within 100feet of the right-of-way of Sharon Road; 3) a 10 foot buffer
conforming with the Augusta-Richmond County Tree Ordinance side buffer yard
requirements including a 6 foot solid board fence along Sharon Road right-of-way with not
gate except as required by fire codes; 4) buildings shall not exceed 2 ½ stories or 45 feet in
height and 5) the use shall be limited to a landscape service business or those uses allowed
in a B-1 (Neighborhood Business) Zone; a petition by Mark Jackson, on behalf of Tyler
Eidson, requesting a change of zoning from R-1B (One-family Residential) to Zone B-2
(General Business) affecting property containing approximately 1.1 acres and is known as
1650 Barton Chapel Road. (Tax Map 054 Parcel 028) DISTRICT 3 (Deferred from the
January 15, 2008 meeting)
Mr. Patty: This a tract on the corner of Barton Chapel Road which I’m sure you’re all
aware that’s an area that’s changed tremendously since the building of the expressway, the mall
and things that happened after that. Sharon Road’s an enclave that predates all of that and we
have rezoned the property --- over the last 10 years or so. And because of the sensitivity to the
area we tried to negotiate without any preconditions on the property ---. We had done that on
this and I thought we had an agreement on it but due to misunderstanding I believe between the
33
petitioner and the Planning Commission actually did. That’s sort of falling apart here and I was
disappointed at this point asked to talk to the petitioner about what the solution to that is. I don’t
have one.
Mr. Mayor: Okay, so your recommendation to us?
Mr. Patty: What he wants to do is essentially a landscape service business and he wants
to build a building and we approved it with some conditions. Where he puts the building, no
access to Sharon Road, landscaping on Sharon Road, sign 100 feet from the Sharon Road right-
of-way and what the problem is he wants B-2 Zoning which he probably needs and we want to
restrict the use of the property and use of B-1 which allows you know a lot of commercial uses
and residential uses. We want to be sure that the B-1 and the only B-2’s would be use
(INAUDIBLE) and I thought that would be acceptable but apparently there was a
misunderstanding. That’s why we’re where we are now and unfortunately I just found this out
before the meeting.
Can we refer this back to Planning and Zoning?
Mr. Mayor:
Mr. Bowles: That’s my recommendation coming from the district.
Mr. Mayor: Commissioner Bowles, would you like to put that in the form of a motion?
Mr. Bowles: Yes, sir.
Mr. Hatney: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
Motion carries 10-0.
Mr. Mayor: Next agenda item, Madam Clerk.
Mr. Speaker: (INAUDIBLE).
Mr. Mayor: Yes, sir. Well we’ve actually already disposed of the agenda item so it’s
been referred back to Planning and Zoning.
Mr. Speaker: (INAUDIBLE).
Mr. Mayor: It’s back in, it has not been approved or denied it’s been referred back to the
Planning and Zoning.
Mr. Speaker: (INAUDIBLE).
Mr. Mayor: Mr. Patty, can give you the update on that?
34
Mr. Patty: I guess we’ll bring it back to the first Monday in March. I’m not sure but you
know this is his petition and he demands (INAUDIBLE) and I think he has a right to that. That’s
where we’re at.
Mr. Speaker: It’s been delayed several times ---
Mr. Mayor: Okay.
Mr. Speaker: ---community and bent over backwards (INAUDUBLE) restrictions
(INAUDIBLE).
Mr. Mayor: I will tell you if we’re going to discuss this the item has been disposed of
and we need a motion to revisit the item.
Mr. Bowles: I’ll make a motion to reconsider.
Mr. Grantham: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
Mr. Mayor: We know who you are but if you could state your name and address for the
record.
Mr. Speaker: Cedric Johnson, 3344 Sycamore Drive. They agreed on what’s above, Mr.
Patty and my Dad are going back and forth. Now all of a sudden you get here and you want to
change what we’ve done. There’s been residences there over 40 years. They know it’s going to
change to commercial but they just want (INAUDIBLE). They don’t want to end up with a
nightclub next to their houses and that’s what happened and they can change. He wants to put a
landscaping business there and they’ve agreed to do that.
Mr. Speaker: (INAUDIBLE).
Mr. Brigham: Mr. Mayor, before we get into this can we get the results of the vote?
Mr. Speaker: (INAUDIBLE).
Mr. Mayor: Hang on one second we need to tally that. We didn’t get the total on that
vote, Madam Clerk. We are still working with the new system.
Motion carries 10-0.
Mr. Mayor: Okay. Go ahead, sir.
35
Mr. Speaker: --- show a letter from Mr. Patty Planning and Zoning showing the intended
use of the property. And as you can see retail for landscaping general use along that stretch of
Barton Chapel Road in line with --- and he denied reasons --- B-1. Request for B-2 zoning and
he did that.
Mr. Mayor: Okay.
Mr. Speaker: --- restriction on the property, denying access to Sharon Road certainly a
limitation and a handicap on the property agreed to and I think it should be revisited and
(INAUDIBLE).
Mr. Mayor: Okay, Mr. Patty, you stated you’re not an attorney but I’d like to ask Madam
Counsel. If the petitioner requests a vote on this, would it be proper for us to go ahead and vote
on it today?
Ms. Johnson: Based on your motion rescind you can take a vote or to reconsider.
Mr. Mayor: Okay.
Ms. Johnson: Either one of those will lead you to vote.
Mr. Mayor: Okay.
Mr. Grantham: Can we hear further from the Johnsons as to ---
Mr. Mayor: Certainly.
Mr. Grantham: --- the deposition in this because I don’t think we know exactly what ---
Mr. Mayor: Yes, sir. If y’all could state who you’re representing on the matter, what
group you’re representing.
Mr. Speaker: Well, my Dad is representing the Sharon neighborhood association and
they have no problems with the B-1 zoning. They understand he’s going to use it for
landscaping. The problem is going to be the fence he’s going to use for landscaping after a year
it’s going to be two and he can sell it for something other than that then that causes a problem in
the neighborhood. So we got no problem ---
Mr. Mayor: Oka, I’m going to go to Commissioner Brigham had his hand up first then
Commissioner Johnson.
Mr. Brigham:
Mr. Mayor, can, I think I want to make a motion and I hope the parties
I’m going to make a motion that we allow the zoning to
will be agreeable to this motion.
happen as presented to us and if this zoned piece of parcel property was to revert it would
revert back to B-1 zoning if the owner, the current owner sold the property.
36
Mr. Mayor: Okay, do we have a second on that?
Mr. Grantham: Second.
Mr. Mayor: Okay. All righty, we have a motion and a second. If there’s no further
discussion commissioners will now vote by the usual sign.
Motion carries 10-0.
Mr. Patty: So you’re giving unfettered B-2 zoning that is only good for his use. If he
ceases to use it, it will revert back to B-1.
Mr. Mayor: Right. Okay.
Mr. Speaker: I’m going to make sure Mr. Patty (INAUDIBLE).
Mr. Grantham: The restrictions stay in place.
The Clerk: The conditions are in place.
Mr. Mayor: Madam Clerk.
The Clerk:
ADMINISTRATIVE SERVICES
42. Discuss Augusta-Richmond County Bid Process. (Requested by Commissioner J. R.
Hatney)
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: Due to the fact we talked about that considerably and we already requested
that the Administrator and the Procurement Office establish a workshop for those commissioners
who would like to attend and enlighten us more on the process particularly on the legalities of
what we noticed over the last few years that bids have been, and I’m going to call it high-jacked
before they got to the commission which is the body that should make the decisions. I would
suggest that we charge them with the responsibility of setting up a workshop as soon as they can
for those commissioners who want to attend.
Mr. Mayor: Okay.
Mr. Hatney: That’s all that’s about. Is that all right with you?
Mr. Mayor: We need a motion.
Mr. Hatney: So moved.
37
Mr. Bowles: 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. Jackson out.
Motion carries 9-0.
The Clerk:
ADMINISTRATIVE SERVICES
43. Report from the attorneys regarding the transition process. (No recommendation from
Administrative Services Committee January 39, 2008)
Mr. Mayor: Okay, Mr. Russell, I believe you’re on for this one.
Mr. Russell: Mr. Mayor, if I can for the past several weeks we’ve been looking at a
transition program with the Attorney’s office as we move forward with our law department.
What you have before you is a document that sort of combines the two documents that you heard
in committee several weeks ago, last week I guess it was. And that document has several major
portions in there that I think are germane to where we need to go with our law department at this
particular point in time. I actually took the two documents from the two attorney’s and have
moved, put those together and this particular document here in an attempt to bring some
consistency with our program here. The first item would be that upon its adoption by the
commission General Counsel Law Department should have immediate responsibility with duties
discussed in this plan. The duties of the General Counsel Law Department are as follows. The
General Counsel Law Department shall attend all meetings of the commission in committee of
Augusta-Richard County. Mr. Boudreaux of the Shepard, Plunkett Hamilton Boudreaux firm
may sit as co-counsel of the Augusta-Richmond County Commission if so directed by the
General Counsel. What this does is allow the General Counsel if needed to call upon Mr.
Boudreaux office to sit as co-counsel or counsel if they deem appropriate, if the General Counsel
deems appropriate. General Counsel Law Department provides to the Mayor and members of
the Commission the Administrator and upon request of any board authority or office designated
charter of Augusta-Richmond County or written legal opinion on the administration of local
government of the duties of the department. Also prepare, request deeds, leases contracts and
other legal documents required by the Augusta-Richmond County Commission. General
Counsel Law Department will handle open records and open meeting requests ask questions
presented by Mayor and the members of the Richmond County Commission and the City
Administrator. Also prepare ordinances and resolutions on behalf of the Mayor and members of
the Richmond County Commission and the City Administrator. General Counsel approved
agenda requests to perform legally. General Counsel as the law department provides daily
advice and counsels the Mayor, Commission, City Administrator and department heads of
Augusta-Richmond County. General Counsel Law Department provides legal support to DBE
Program, EEO Program, the Augusta-Richmond County government, personnel board hearings
and disciplinary action. It will assist the Procurement Department in contract compliance,
initiate bid protests and other. Provide new commissioner training. General Counsel Law
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Department will provide for prosecutive ordinance violation and other duties to keep in federal,
state and local law. General Counsel Law Department will provide legal service to authority
boards and offices operating under the auspices of Augusta-Richmond County and constitution
officers upon their request. The next section of that is outside counsel. What this basically says
is in order to assure the orderly operation of Augusta-Richmond County Georgia legal work
referred as needed to the Shepard Plunkett firm based upon the municipal experience and
experience of working with Augusta-Richmond County. Shepard Plunkett will be retained and
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perform this work for a period of one year to the end of December 31, 2008. Upon approval of
the commission all legal services will be provided by part of the Shepard Plunkett shall be a rate
of, and I left that blank. In addition to licensed paralegals and law clerks it provides services at a
rate of, and I left that blank. The reason for leaving that blank is they’ve given you a cost based
on their current workload. I thought is was appropriate to let them review that prior to writing
the cost in there to make sure that if the workload is reduced that they have an opportunity to
charge accordingly for what they feel their services are worth. General Counsel and this is part
of the issue we’ll monitor, legal services provided by Shepard Plunkett and other outside
counsel. General Counsel will notify the commission in a monthly written report of the status of
legal work before all outside counsel. General Counsel will maintain copies of all actions,
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litigations files being performed by all outside counsel in the Law Department. On February 29
all firms providing legal support to Augusta-Richmond County shall provide within 10 days a list
of all ongoing litigations to General Counsel. The status of the list should be updated every 90
days. Upon further notice legal work performed by outside counsel including the Shepard
Plunkett firm will remain through the transition period and still be subject to a board of inquiry
as discussed above. At the end of the year the General Counsel may make a recommendation
with continuing with Shepard Plunkett on retainer as needed based on the quality consists of cost
effectiveness of legal work. High volume legal work and legal work as the type not performed
by the law department cannot be performed by Shepard Plunkett should be recommended for
referral by outside counsel by the General Counsel based upon the needs against consolidated
government and the law department. General Counsel negotiates fees and that would be
provided to you for your approval. General Counsel will receive litigation bills submitted by
Shepard Plunkett and other outside counsel to check for reasonable charges and services and
submit the bills to the commission for payment. What that says, accept service of behalf of
Richmond County government. What this basically says is that the legal department will be
moved forward as directed by the commission. In addition to that Shepard Plunkett firm will be
retained to do any work above and beyond what the legal department can handle. As you know
we’ve got several lawyers working. The viable work that we generate is tremendous and it’s my
concern that the legal department will not have sufficient staff during the transition period or
potentially after that to do everything that needs to be done. Shepard Plunkett firm would be the
first choice in that and she could refer that work to them without any further approval based on
the cost that you’ve adopted. If for some reason there requires legal assistance outside of that
expertise available to either the law department and/or the Shepard Plunkett firm i.e., a specialty
case or specialty operation in an environmental matter or something that would require some
expertise that is not available in either of those two organizations the General Counsel would
have to bring that to you for approval similar to what we currently do. So if we needed a lawyer,
an environmental lawyer and the Shepard Plunkett firm could not provide that that would have to
be approved by you to go outside the Shepard Plunkett firm. What I’ve attempted to do in this
document is to bring together the best of the services provided by the law department and those
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provided by Shepard Plunkett in a reasonable manner that provides for an orderly transition over
the next 12-month period and give us a chance to move forward.
Mr. Mayor: Commissioner Beard.
Ms. Beard:
Mr. Mayor, first of all I’d like to thank Commissioner Hatney for chairing
I’d like to move for
this committee. It’s taken us 12 years to get to this point and with that
approval.
Mr. Holland: I second that motion.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioner Brigham.
Mr. Brigham: Mr. Mayor, according to what the consolidation bill says is we will have a
law department with an attorney. We have had that for a number of years. It does not say that
this attorney will represent us in court or anywhere else. It says we will have a law department
with an attorney. And I think this commission should not be chastised for something it has done.
Mr. Mayor: Okay if there’s --- Mr. Russell.
Mr. Russell: For the record, Mr. Mayor, Mr. Boudreaux has presented a figure of a
$1.75, you know this new stuff’s got me nervous here, $175.00 per hour for the attorneys, $75.00
per hour for the clerks/interns and that is the current rate that we are paying.
Mr. Mayor: And, Ms. Beard, including that in your motion those fees?
Ms. Beard: Yes.
Mr. Mayor: Okay, if there’s no further discussion commissioners will now vote by the
usual sign.
Mr. Brigham and Mr. Smith vote No.
Motion carries 8-2.
Mr. Mayor: Point of personal privilege there, Commissioner Hatney?
Mr. Hatney: Mr. Mayor and Clerk and other commissioners I would like to read into the
record that this body has intentions appointing Ms. Johnson as our General Attorney. And the
reason announcing for the public record is that it takes 42 days for that to become effect and it
would be on the Administrative Service Committee record next week when we meet.
Mr. Mayor: Okay. Madam Clerk, next agenda item.
The Clerk:
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FINANCE
48. Consider a request from the Downtown Development Authority to discuss Downtown
Development Authority boundary expansions and programs.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Mr. Mayor, I had this pulled. I received a report that I asked for over a
week ago. I just got it today. I ask that we refer this to Finance Committee for the next meeting.
Mr. Mayor: Are you putting that in the form of a motion?
Mr. Brigham: Yes, sir, I make a motion that we put this is Finance Committee next
week.
Ms. Beard: Second.
Mr. Mayor: We have a motion and a second. Is there any further discussion?
Commissioners will now vote by the usual sign.
Motion carries 10-0.
The Clerk:
FINANCE
52. Consider a request from Richmond County Neighborhood Associations Alliance for
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city sponsorship through the purchase of tickets for the 12 Annual Banquet.
Mr. Mayor: Commissioner Bowles.
Mr. Bowles: Thank you, Mr. Mayor. I pulled that one just for the simple reason that I
want to send a sign out to all these community associations that are beginning to become
politically involved to send a letter indicating that certain elected officials are sticking their nose
into District 4’s business by supporting candidates and in my opinion is a slap in the face to us,
an elected official. For them 70 days later to come around and ask for support for an event from
us to participate with them after they tell us to keep our nose out of District 4’s business. I for
one can’t accept this request and I’m going to vote no.
Mr. Mayor: Would you like to put that in the form of a motion?
Mr. Bowles: No.
Mr. Mayor: Is there any further discussion on this? Does somebody want to make a
motion either way?
Ms. Beard: I’d like to move for approval.
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Mr. Mayor: We have a motion for approval. Is there a second?
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. Johnson, Mr. Bowles, Mr. Mason, Mr. Jackson and Mr. Brigham vote No.
Mr. Hatney abstains.
Mr. Grantham out.
Motion fails 3-5-1.
Mr. Mayor: No action taken. Next agenda item, Madam Clerk.
The Clerk:
APPOINTMENTS
55. Consider the following for reappointment to the Richmond County DFCS Board:
Marion Barnes, James Kendrick and Dr. Louise Rice.
Ms. Beard: I move for approval
Mr. Hatney: Second.
Mr. Mayor: We have a motion and a second. Commissioner Brigham.
Mr. Brigham: Mr. Mayor, can anybody tell me how long these people have served on the
DFCS Board?
Mr. Mayor: I can a ---
The Clerk: I can do some research. But I don’t know right off.
Mr. Brigham: I make a substitute motion we postpone this until we have information
about as to how long these people have served.
Ms. Beard: I’m wondering if DFCS submitted a list to you. They did, didn’t they?
The Clerk: Yes, they did. They sent these recommendations.
Mr. Mayor: Okay. Commissioner Bowles.
Mr. Bowles: Thank you, Mr. Mayor. And I hope these reappointments will, when they
get back on the board will go in and ask for our check for $600,000.00 that DFCS has owed us
for over 6 years now. Guess the Administrator didn’t want to hear that question. But I think that
needs to be looked into when they go back.
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Mr. Mayor: We have a motion and a second. We’ve got a substitute to approve. We’ve
got a substitute motion with no second. Mr. Johnson.
Mr. Johnson: What are we voting on?
The Clerk: To approve the recommendation from the DFCS Board for the reappointment
of Mr. Barnes, Kendrick and Dr. Rice.
Mr. Mayor: I’m just making sure we did not have a second. Mr. Brigham had made a
substitute motion but we did not have a second on it. Okay if there’s no further discussion
commissioners will now vote by the usual sign.
Mr. Brigham and Mr. Jackson vote No.
Motion carries 8-2.
The Clerk:
APPOINTMENTS
56. Consistent with the Bylaws, the Richmond county Hospital Authority respectfully
submits the following nominations for a four-year term on the Authority:
For member of the Catholic Faith position, Eugene F. McManus, Gerald E. Matheis, John
S. Markwalter; For the medical staff position, James C. Sherman, M.D., Charles H.
Coleman, Jr., M.D., Jerry W. Howington, M.D.; Member at Large Hugh L. Hamilton, Levi
W. Hill, IV, Gregory L. Gay, M.D.
Mr. Smith: I make a motion to approve, Mr. Mayor.
Ms. Beard: Second.
Mr. Mayor: Okay, hang on. We’ve got to actually pick one for each of them. Mr.
Grantham.
Mr. Grantham:
Mr. Mayor, thank you. And I’m excited to know that everyone’s ready
to vote on this. I think what we need to do is in our consistency with the Bylaws of the Hospital
they send us three names for each category and we’re to select one name from each category.
And in doing so I think the names that they submit first is the one they had requested to be done.
So I’m making a motion that under the Catholic Faith position that we recommend Eugene
McManus. For the medical staff we recommend Dr. James C. Sherman and for Member at
Large we recommend Hugh L. Hamilton.
Mr. Mason: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
commissioners will now vote by the usual sign.
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Motion carries 10-0.
Mr. Mayor: Madam Counsel, do we need a legal meeting?
Ms. Johnson: We do, we have a real estate matter.
Mr. Mayor: Okay.
Mr. Hatney: Where’s the Administrator?
Ms. Johnson: He stepped out for a moment.
Mr. Hatney: And one personnel.
Ms. Johnson: Also one personnel matter, Mayor Copenhaver.
Mr. Boudreaux: May we also have a couple matters of Pending and Potential Litigation.
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
ADDENDUM
60. Motion to go into a Legal Meeting.
Mr. Mayor: Can I get a motion to go into legal to cover pending and potential litigation,
real estate and personnel?
Mr. Mason: So moved.
Ms. Beard: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
[LEGAL MEETING]
Motion carries 10-0.
Mr. Mayor: Mr. Boudreaux. Excuse me, just for the record. Call the meeting back to
order. Mr. Boudreaux.
ADDENDUM:
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61. Approve the settlement of Tax Commissioner’s claim in the W.R. Grace and Company,
Case Number 01-01139 (JFK) Bankruptcy, U.S. Bankruptcy Court, District of Delaware.
Mr. Hatney: So moved.
Mr. Grantham: Second.
Motion carries 10-0.
ADDENDUM
59. Approve the settlement of Keven Mack v. Augusta Civil Action No. 2005-RCCV-551.
Mr. Hatney: So moved.
Mr. Bowles: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
Motion carries 10-0.
62. Motion to authorize the Mayor to execute the affidavit of compliance with Georgia’s
Open Meeting Act.
Mr. Boudreaux: Finally I need a motion to execute the closed meeting affidavit.
Mr. Hatney: So moved.
Mr. Bowles: Second.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign.
Motion carries 10-0.
Mr. Mayor: With no further business to come before the body we’re adjourned.
[MEETING ADJOURNED]
Lena Bonner
Clerk of Commission
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CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
February 5, 2008.
______________________________
Clerk of Commission
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