HomeMy WebLinkAboutCOMMISSION MEETING - August 3, 2010
REGULAR MEETING COMMISSION CHAMBER
AUGUST 3, 2010
Augusta Richmond County Commission convened at 5:00 p.m., August 3, 2010, the Hon.
Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Lockett, Smith, Mason, Grantham, Aitken, Johnson, Jackson, Bowles
and Brigham, members of Augusta Richmond County Commission.
Absent: Hon. Hatney, member of Augusta Richmond County Commission.
The invocation was given by the Reverend Baxter Stanley, Pastor First Assembly of God.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: And before we get started with the delegations many of you may know that
Dr. Hatney lost his mother this week. And so I’d just like to open the meeting with a moment of
silence. Okay, thank you everybody. Madam Clerk, on to the delegations.
The Clerk:
DELEGATIONS
A. Mr. Andy Cheek. RE: Augusta Canal Conversion Dam.
Mr. Mayor: Andy, and if you could keep it to five minutes, please. My old watch died
but I’ve got a new stopwatch.
Mr. Cheek: I know (inaudible) trust me. Okay um ---
Mr. Russell: Could we get your name for the record, please?
Mr. Cheek: Um, I am Andy Cheek, former Commissioner from District 6 and guardian
and protector of the Augusta Canal. The reason I am here is to share with you gentlemen some
issues and give you an update on some repairs that were made in the past that we assumed had
corrected some problems. What you see in the picture is today the repairs were made. It’s the
picture provided to the Commission and to me by the Utilities Department during the repairs.
This is 2005 and the low event. The low water can be accomplished for repairs by working with
Stevens Creek to manipulate the water flow to allow these repairs to occur. The area of concern
that you see before you, you guys have this on your screen? Okay. The area of concern as you
look in the center of the picture you’re going to see four structures. The first one is the western
stop locks structure and it’s as bad as it looks. The entire end of the structure is gone. The
interior view you’ll see in a minute it’s even worse the water if flowing through the dam. This is
the same area that we found a phone booth size hole through the dam. You’ll also see a pipe that
was pushed through he dam from the high water side to the low water side during the repairs.
This is close up that shows the stop lock structure. Jerry Scott and I from Engineering
Resources, Jerry, thank you for these pictures. He took this with a telephoto lens. What you see
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in the picture on the right is the pipe that’s sticking out. It was there for repairs. It’s a ten-inch
PVC pipe that’s pushed all the way through. This is a piece of plywood above it. IF you’ll
notice and you’ll see a comparison in a minute of what it should look like versus what it looks
like. The lighting was bad but gentlemen the entire structure behind that pipe and above that
pipe is gone and water is flowing through the dam. This is a picture of it now, as it exists. On
the right is a picture of what it looked like in 2005 when the Commission authorized repairs to be
made. Back then a man or two could lay down and slide themselves up into the entire structure.
This structure is very important because if you see on the picture on the left in the middle
between the two masonry structures are stop locks. They’re about the size of cross ties, ten feet
long or so and they’re actually lowered down into a slot. If you’ll look on the interior left hand
stop lock structure you will see water flowing between the stop locks and these were replaced
during the repair that the top three were replaced during the repair because they had flat broken
and fallen out and so we we’re losing level on the pull back there. The water’s flowing through
there. There are two structures in the stop lock structure themselves, two slots that these logs
slide down into. As you can see the deterioration that’s occurred on the western stop locks
structure more of those granite masonry rocks are moved. The closer we get to having those
rocks that are holding those locks in place fall out and then the logs open up and that would
begin the flow through of the entire pool above the diversion dam. This is during the repairs.
You can see the gentlemen out there. Part of this wood is still what’s remaining out there. They
repaired several places along the there but we had through leaks. It’s a 165-year old structure
and it’s performed quite well. It’s in desperate need of some attention. Without this structure we
have no Augusta Canal. This is a close-up picture of it. Again you can see and I’m sorry for the
lighting. This is taken at quite some distance but you can see all the, we have basically from a
phone booth size hole now to a Ford Explorer size hole in the dam. If you will look on the
structure that and compare it to the center structure the center structure has a nice, square
masonry side the water’s flowing over the top. If you look at the western structure the entire end
section is gone. The rocks have been washed away. Water is flowing through. If you look
along the side of that western stop lock structure you’ll actually see water flowing through the
dam. I assume and have not got my wetsuit on and gone physically up into that area which I
plan to do at some point in the future but the water where it was flowing through the end of the
structure before the initial repair in 2005 the structure has given way such as now it’s down to
the least path of resistance and it’s coming through the side of the structure. These structures
were designed, were designed for water to flow over them and around them not through them.
And so with each flow of water that comes through there it’s more of the 165-year old concrete
that dissipates. These two are other areas we instructed repairs to be made and the repairs were
not made. The picture on the left the water is flowing under the dam.
Mr. Mayor: Okay, I hate to, five minutes is up on that. But just to be fair to everybody
but do we have any questions from the Commission, comments, concerns? Commissioner
Bowles, I know that you, I believe you’ve got a place on the agenda for this.
Mr. Bowles: Yes, sir, Mr. Mayor, and I’ll go ahead and address it now. I’d just like for
Fred to get with Tom Wiedmeier and instead of doing a study we, it’s quite visible there is a
problem. Let’s look at getting the problem fixed and get back to this Commission in two weeks.
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Mr. Russell: If I can share with you that we are in the process of almost getting our
contract license. That should, that would require us to do the fish ladder around that. We did
look at some initial repairs as Andy mentioned, or Commissioner, or sorry, Mr. Cheek mentioned
Andy, Mr. Cheek mentioned and when we do the fish ladder our plan is to go ahead and do a
contract to do the entire thing all at once. We will take another look and make sure we don’t
have anything that’s immediate in nature. And if we do we’ll deal with that. That seems to be
the plan that we’re dealing with at this point. And I’d like to thank Commissioner, Andy for
continuing to help us monitor that situation. It’s a tough place to be.
Mr. Mayor: Okay, we’ve gone from Commissioner Cheek to Mr. Cheek to
Commissioner Andy. Commissioner Corey, would you like to comment?
Mr. Johnson: Thank you, Mr. Mayor. Andy, I do commend you for definitely keeping a
closer eye on this. But do you have an idea, Fred, I don’t know if you’ve talked to him or not, an
estimated cost what it would take to repair the damages there at the dam and uh, a ballpark of
what is needed to?
Mr. Cheek: I would say that the million two we had set aside in the bond swap monies
would probably cover the cost.
Mr. Johnson: Okay.
Mr. Cheek: And if we can recover that I guess I’ll say this. Since y’all fired the Attorney
that rendered the decision that money wasn’t there maybe go back and look at it. But this is has
gotten to a point to where if we don’t repair it we’re probably looking at re-licensing under a
current Corp of Engineers criteria seismic studies, environmental impact studies, years that we
do without the canal and not make repairs and cost many millions of dollars. We’re probably
close. If we make all the repairs that some of these collapsed areas have got to be repaired, these
are 33-45 % penetrations of the dam structures, probably about a million bucks.
Mr. Johnson: Okay. Thank you, Mr. Mayor.
Mr. Mayor: Okay, and, Andy, I just want to thank you for keeping a watchful eye on the
Canal and bringing this before us today. Thank you.
Mr. Cheek: And, Mr. Mayor, if allowed to and if it’s the will of the body I would like to
continue to serve as your eyes in the filed and report back to you periodically on the things along
the canal and the tow path ---
Mr. Mayor: Absolutely.
Mr. Cheek: --- and keep you aware.
Mr. Mayor: Okay. Thank you so much. Madam Clerk, on to the next delegation.
The Clerk:
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DELEGATIONS
B. Mr. Charlie Jimperson/Mrs. Reaby Gray. RE: Elimination of Bus Route 15 (Ervin
Towers Bus Stop)
Mr. Mayor: And if ya’ll could keep it to five minutes as well, please, ma’am ---
Mr. Speaker: Thank you.
Mr. Mayor: --- and sir.
Ms. Speaker: My name is Reaby Gray and I represent the medical bus at 15 street,
number fifteen bus. It’s very important to some of us in that area. We live in a senior building
over in that area and it costs us a lot of problems when we can’t get around. The bus is very
important to us. I have some of the people that live there today. We are from 55 until 90 and
some of us we just can’t get around. But 90% of them have bus transportation, 3% have cars.
We all don’t have it. The bus is important to us because it’s the way to get us to the doctors, to
the medicine, for our groceries and it’s the only way we have to get around is through that bus.
So the bus means a lot to some of us.
Mr. Mayor: Okay.
Ms. Gray: And I’d appreciate it so much if ya’ll could work with us and put the bus back
on the route because we really, really need it and I thank ya’ll so kindly.
Mr. Mayor: Thank you, ma’am.
Mr. Speaker: My name is James Ivory. I’m the president of the Jefferson County
Georgia Chapter of the SCLC. I’m also a member of the Richmond County Chapter SCLC and
I’m here as a representative of those chapters and most of all the community in which I live
which is Ervin Towers. And also on behalf of Ervin Towers residents and I’d like to say thank
you very, very much for standing up and doing the right thing by returning that bus system where
it’s really, really needed. And also I’d like to set up another date if it’s all right with you all to
meet with our representative of our district Mr. Matt Aitken to address some more issues. Can
we set that date up for two weeks?
Mr. Aitken: Yes, sir.
Mr. Ivory: Thank you.
Mr. Mayor: Okay, thank ya’ll for coming in and addressing your concerns. And we
thank you for just being here and expressing your gratitude as well. We very much appreciate it.
Thank you.
Mr. Aitken: Mr. Mayor, I have a comment on that.
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Mr. Mayor: Commissioner Aitken.
Mr. Aitken: I’ve met with the new president of Ervin Towers I’ve had some
conversations with him recently. And I just ask that he would let me know that there’s any kind
of problem feel free to call me and we’ll definitely identify those. And I also want to thank our
Director of Transit for his fast work on this situation as well as my colleagues on this
Commission that we’re moving in a way that really has a, when we see a problem we definitely
want to find a solution to move this city forward and this is just a prime example of what we’re
starting to see with this Commission to do. So any other issues that we have in District 1 as well
as Ervin Towers, Matt Aitken’s all about being there. Thank you.
Mr. Mayor: Thank you so much. Madam Clerk, on to the consent agenda.
The Clerk: Yes, sir. Our consent agenda consists of items 1-11. And for the benefit of
any objectors under the Public Services portion of the agenda I’ll read the alcohol license
petitions. And if anyone has an objection will you please signify your objection by raising your
hand.
Item 1: Is a request for an on premise consumption Liquor, Beer & Wine license to be
used in connection with Alter EGO’Z Sports Bar and Grill located at 1721 Gordon Hwy with
Sunday Sales.
Item 2: Is a request for a wholesale Liquor, Beer & Wine license to be used in
connection with Beverage South, LLC located at 1815 Wilkinson Rd.
Item 3: Is a request for an on premise consumption Liquor, Beer & Wine license to be
used in connection with Club Rehab located at 913 Broad St with Dance.
Item 4: Is a request for an on premise consumption Liquor, Beer & Wine license to be
used in connection with Lemmons Bar & Grill, LLC DBA Shannon’s located at 300 Shartom Dr.
with Sunday Sales.
The Clerk: Are there any objectors to any of those alcohol petitions?
Mr. Russell: None noted, Madam Clerk.
Mr. Mayor: Okay, thank you, ma’am. Do we have any additions to the consent agenda?
Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. In our Finance Committee meeting last Monday
a week ago we discussed the J.B. White, LLC property as to the back taxes, penalty and interest.
And it was recommended by our tax commissioner that we approve the original request. And
today we received from him, our tax commissioner, that it failed to list the year 2008 as well as
to approve the year 2009. So I ask that the year 2008 be added as an addendum to this consent
item that we have number 10.
Mr. Mayor: Okay, is everybody okay with that? Okay. Do we have any further
additions to the consent agenda? Commissioner Johnson.
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Mr. Johnson: Thank you, Mr. Mayor. In lieu of the absence of some of my colleague
last week we were unable to have a committee on Engineering Services. But we did since and
actually I’d like to consent items 15, item 16, 17, 18, of course Mr. Bowles already addressed
that, item 20, 21, 22, 23, 24 and 25.
Mr. Mayor: Okay, thank you, sir. Do we have any further additions to the consent
agenda? Commissioner Jackson.
Mr. Jackson: Mr. Mayor, item #13.
Mr. Mayor: Any further agenda items? Commissioner Brigham.
Mr. Brigham: Mr. Mayor on item #2 on the addendum, no number one I’m sorry. Is that
a, is that something that was just left off of the, I would like if it’s, is this the second reading?
The Clerk: Mr. Brigham, that was inadvertently left off by our office when we were
preparing the agenda. This would just be the second reading of it.
Mr. Brigham: I would like to go on and put that on the consent agenda also.
Mr. Mayor: Thank you, sir. Okay, do we have any further additions to? Joe Jackson or
Joe Bowles?
Mr. Jackson: I’m going to pull nineteen.
Mr. Mayor: Okay, with no further additions do we have any items to be pulled for
discussion or referred back to committee? Commissioner Jackson.
Mr. Jackson: Number nineteen, Madam Clerk.
The Clerk: Yes, sir.
Mr. Mayor: And that you’d like to be referred back to committee?
Mr. Jackson: Yes, I’m sorry.
Mr. Mayor: Okay, do we have any further items to be pulled for discussion or added to
the consent agenda? Hearing none, I’d look for a motion to approve.
Mr. Grantham: So moved.
Mr. Johnson: Second.
CONSENT AGENDA
PUBLIC SERVICES
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1. Motion to approve New Ownership Application: A.N. 10-34: A request by Keion S.
Taylor for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Alter EGO’Z Sports Bar & Grill located at 1721 Gordon Hwy. There will
be Sunday Sales. District 5. Super District 9. (Approved by Public Services Committee July
26, 2010)
2. Motion to approve New Application: A.N. 10-35: request by John L. Sitler Jr. for a
wholesale Liquor, Beer & Wine license to be used in connection with Beverage South, LLC
located at 1815 Wilkinson Rd. District 5. Super District 9. (Approved by Public Services
Committee July 26, 2010)
3. Motion to approve New Ownership Application: A.N. 20-36: A request by Timothy A.
Chance for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Club Rehab located at 913 Broad St. There will be Dance. District 1. Super
District 9. (Approved by Public Services Committee July 26, 2010)
4. Motion to approve New Ownership Application: A.N. 20-37: request by Michelle M.
Lemmons for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Lemmons Bar & Grill, LLC DBA Shannon’s located at 300 Shartom Dr.
There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services
Committee July 26, 2010)
ADMINISTRATIVE SERVICES
5. Motion to approve an Ordinance to amend the Augusta, Ga. Code Title One Section 1-2-
2 relating to the time for Commission meetings of the Augusta-Richmond County Board of
Commissioners; to repeal all Code Sections and Ordinances and parts of Code Sections and
Ordinances in conflict herewith; to provide an effective date and for other purposes.
(Approved by the Commission on July 20, 2010 – second reading)
FINANCE
6. Motion to approve a request from ACCG to renew an Ad for the 2010 County Family
Album of Georgia County Government Magazine. (Approved by Finance Committee July
26, 2010)
7. Motion to approve an agreement between the Georgia Department of Economic
Development on behalf of the Georgia Golf Hall of Fame Authority and Georgia Golf Hall
of Fame Commission and Augusta, Georgia regarding the sale of the bronze sculptures to
Augusta, Georgia. (Approved by Finance Committee July 26, 2010)
8. Motion to authorize the Mayor and other parties permission to submit the pre
application for the HUD Community Challenge Planning Grant and the DOT Tiger II
Transportation Planning Grant. (Approved by Finance Committee July 26, 2010)
9. Motion to approve a request from Mr. James H. Jay of 2383 Travis Pines Drive
regarding a refund of a portion of taxes for years 2007, 2008 and 2009 in the amount of
&921.58 that he was charged for in error after his homestead exemption was dropped.
(Approved by Finance Committee July 26, 2010)
10. Motion to approve a request from Travers W. Paine, III, P.C. Receiver for The White’s
Building Receivership, to waive penalty in the amount of $8,488.49 and interest in the
amount of $6,790.64 on 8 properties. (Approved by Finance Committee July 26, 2010)
PETITIONS AND COMMUNICATIONS
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11. Motion to approve the minutes of the regular meeting of the Commission held on July
20, 2010.
PUBLIC SAFETY
13. Approve Reorganization of Projects Related to City Software.
ENGINEERING SERVICES
15. Approve the award of a contract in the amount of $824,000.00 to Technical Services
Audio Visual (TSAV) for Bid item #10-082; Audio Visual for the new Augusta Judicial
Center and John Ruffin Courthouse.
16. Approve Construction Change Order 2 to Eagle Utility Contracting in the amount of
$195,859.50 in PO P172103, for construction to be performed for Design CO 4, 5, and 6 for
this project.
17. Approve Change Order No. 25 in the amount of $29,852.00 to the Construction
Contract for the Webster Detention Center (WDC) Expansion. Including this Change
Order, the new total contract amount will be $33,886,360.00.
18. Discuss the diversion dam on the Canal. (Requested by Commissioner Bowles)
19. Discuss maintenance and upkeep of detention ponds and storm drains. (Requested by
Commissioner Joe Jackson)
20. Approve award of subject Construction Contract to Mabus Brothers Construction Co.,
Inc. in the amount of $354,680.82 for the Old Savannah Road/Twiggs Street Improvements
– Phase I, subject to receipt of signed contracts and proper bonds as requested by AED.
21. Motion to approve an Option for the purposes of acquiring an easement between JJGH
General Partnership, as owner, and Augusta, Georgia, as optionee, in connection with the
Marvin Griffin Road Improvement Project, (212 sq. ft.) more or less; and (248 sq. ft.) of
permanent drainage easement, more or less; and (1,732 sq. ft) of temporary construction
easement from the property located at: 1520 Marvin Griffin Road, private, at the purchase
price of $400.00.
22. Approve Capital Project Budget Change Number Seven (CPB 323-041110-299823999)
for the Augusta County Regional Flood Control Feasibility Study in the amount of
$157,000 to be funded from SPLOST Phase III Recapture as requested by the Engineering
Department.
23. Motion to approve an Option for the purposes of acquiring a Temporary easement
between R. Brian Lewis, as owner, and Augusta, Georgia, as optionee, in connection with
the Marvin Griffin Road Improvement Project, (4,211 sq. ft.) of temporary construction
easement more or less from the property located at: 1799 Marvin Griffin Road, private, at
the purchase price of $295.00.
24. Approve award of Construction Contract to Mabus Brothers Construction Co., Inc. in
the amount of $2,629,898.16 for the Walton Way and Laney Walker Street Resurfacing
Project; subject to receipt of signed contracts and proper bonds as requested by AED.
25. Approve and authorize execution of Construction Agreement between Georgia
Department of Transportation and Augusta-Richmond County for funding the Walton
Way and Laney Walker Street Resurfacing Project as requested by AED.
ADDENDUM
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26. Motion to approve an Ordinance to amend the Augusta, Ga. Code Title Two Section 2-
2-27 to provide for excise tax charges for the first thirty (30) days of continuous occupancy;
to repeal all Code sections and Ordinances and parts of Code section and Ordinances in
conflict herewith; to provide an effective date and for other purposes. (Approved by
Commission in meeting July 20, 2010 – second reading)
27. Regarding Item #10, approve a waiver of penalty and interest in the respective amounts
of $1,651.91 and $2,973.42 for the 2008 property taxes for the Whites Building LLC
property at 936 Broad St.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign of voting.
Motion carries 9-0. [Items 1-11, 13, 15-25, addendum items 1 and 2]
Mr. Mayor: Okay, Madam Clerk, on to the regular agenda.
The Clerk:
PUBLIC SERVICES
12. Update/report from Tom Beck, Director of Augusta Recreation regarding the
maintenance and upkeep of the lakes at the Diamond Lakes Regional Park as directed by
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the Commission in its July 1 meeting.
Mr. Mayor: Mr. Beck.
Mr. Beck: Mr. Mayor, members of the Commission this report will actually be in two
parts. One would be a report from our department regarding our maintenance and upkeep plan
and what we’ve to this point and what we’re going to do in the future. And the second would be
a report on the water analysis that has been performed by a lab and results for which. And
Garrett Weiss here with the city and engineering department if you would allow him to make that
report. But regarding the maintenance and upkeep as mentioned before our staff has gone out.
We’ve got all of our softball tournaments and state tournaments completed. Our staff has been
out. We have been in the ponds, in boats to manually remove some of the Duckweed or lily pads
as more commonly known. We have had very limited success with that. The lily pads are very
difficult to get out by boat, by hand without having to rent or having to pay for a lot of
equipment. What we have had success with to this point and will continue is a chemical
application program that is safe environmentally. It’s two products that we are using. One is
called Aqua Neat that will actually get rid of the top pad and then a 2-4D herbicide that actually
is applied granularly that will be, will affect the roots and be able to get to “the root” of the
problem. It will take some time. It won’t be an overnight thing but we feel like within a couple
of months we hope that we’ll have that problem under control from the esthetic standpoint. So I
would entertain any questions regarding our maintenance and upkeep program before we let
Garrett report on the water quality.
Mr. Mayor: Commissioner Smith, I saw you first then Mr. Mayor Pro Tem.
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Mr. Smith: Tom, have you considered the Grass Carp for that pond? In my pond I had
the same problem and they recommend ten grass hop per acre and put in actually two full years
it’s completely clean. And you didn’t have to get out there and do anything but put them in
there.
Mr. Beck: We did actually go to D & R as they are the ones that are most familiar with
the Grass Carp and all the ponds that they manage. And they have indicated to us that they have
very limited success on these types of Duckweed issues. They’re more for the more of a
seaweed kind of a problem, a moss problem that they are most successful in getting more of the
algae kind of thing on the bottom. We did check into that and they felt it could be tried but the
success ratio would be very limited on it.
Mr. Mayor: Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. Tom, you mentioned the fact about this Aqua Neat.
Is that what you’re calling it? And this is a chemical that treats these pads at the roots?
Mr. Beck: It treats; it actually takes away the top pad part. The 2-4D herbicide actually
is what treats the roots.
Mr. Mason: And I didn’t hear you mention that so is that a part of this process as well?
Okay, now you’re saying it’s going to take a couple, two three months maybe before we see a
difference in how that pond looks out there?
Mr. Beck: After the first applications of the Aqua Neat we already have seen some, some
indications that that’s working already even after a week. But it’s going to take, it’s probably
going to take anywhere from six weeks to two months to see any results of that. And then the 2-
4D supposedly that takes several weeks for that to really take hold and really get down to the
roots so it’s really more of getting into an overall maintenance plan now. And we’re going to
have to keep up you know these applications until we totally eradicate these you know these “lily
pads”.
Mr. Mason: And that’s the point that I’m that I was driving at that we’ve got to have a
maintenance plan in place because obviously this isn’t the first that we’ve seen of these pads
popping up. I’m not sure exactly what has been done in the past um, but I’m concerned as to
whether the two chemicals that you’re referencing do they have any type of toxic effect in terms
of the uh, the uh, the fish and fowl that’s out there? We’ve got some Canadian Geese ---
Mr. Beck: (inaudible)
Mr. Mason: --- and other things out there.
Mr. Beck: --- they could that’s why we cannot treat everything at one time just to
eradicate everything. It has to be applied in sections or areas in smaller quantities. And we’ll
just have to try to gradually get to it as we can without having a fish kill. Because you know if
we have a fish kill and I think the water quality analysis is going to tell you that the water quality
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is, we really have no problems with the water quality. The esthetics of the lily pads are really
what it is, they’re a nuisance more than they are any other kind of problem. So you know getting
rid of them gradually without having a fish kill is very important to us and not, you know not to
do that.
Mr. Mason: I understand. I guess my point to all of that is that when applying these
chemicals is there any reason at all however remote for any of our citizens that go out there to
fish for sport of fish to eat would there be any reason for them to be concerned about any of that
even remotely.
Mr. Beck: Absolutely not. Not as long as we’re applying it the way it’s supposed to be
applied. And we, you know we will make sure that’s done.
Mr. Mayor: Okay. Commissioner Grantham.
Mr. Grantham: Tom, you mentioned 2-4D. Is that a diluted form of the Roundup ---
Mr. Beck: No.
Mr. Grantham: --- that’s like a mixture that kills that root?
Mr. Beck: It’s really a specific kind of herbicide that gets to certain kinds of plants. It’s
MSMA and 2-4D are the most common herbicides out there on the market and this 24-D is
actually used on grass, weeds that are in your grass too but this actually works in the water.
Mr. Grantham: And you plan to use it on 14 acres.
Mr. Mayor: Thank you, Tom.
Mr. Mason: If I could just get one more question in. Is there in your analysis or any
historical data in reference to this pond um, do these lily pads pop up at one time of the year
more than another? I mean, have you did any type of analysis on where are issues ---
Mr. Beck: Always at the beginning of the summer.
Mr. Mason: Always at the beginning of the summer.
Mr. Beck: This year has been a little worse than it ever has been. And the folks with D
& R have indicated because of the extremely hot June we had that it’s just really made the
problem kind of expand more than it has in the past. There’s been some lily pads there in that
pond, that front pond in the past but nothing like this year. And so it has gotten more out of hand
esthetically and a nuisance more this year.
Mr. Mason: Would there be any preventive measures that we could take before hand be
it Spring or ---
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Mr. Beck: (inaudible).
Mr. Mason: Okay.
Mr. Beck: It’s just something we’re going to have to keep up.
Mr. Mayor: Okay. Tom?
Mr. Beck: If I could ask Garrett Weiss to come up and just give his analysis on the water
quality.
Mr. Mayor: Okay. Welcome Garrett.
Mr. Weiss: I’m Garrett Weiss. I’m the manager of the Storm Water Environmental
Section at the Engineering Department of Augusta. One of the concerns that we had because of
the unusual amount of growth in the pond and the fairly isolated growth in the pond was that we
had a storm water condition called vitropretation that is that we had excessive nutrients entering
the pond. Those consists of one of two things either deep polyp form or fecal in the pond or
chemicals that are used to enhance the growth the plants, those being primarily phosphorus and
nitrogen. So we ran collective samples from both of the storm water out falls and the pond itself
for water quality tests, testing for phosphorous, nitrates, hydrogen various hydrogen compounds
and fecal coliforms. We did not find any of the phosphates or nitrogen compounds. We did find
some fecal chloroform but because of the large number of water fowl in the pond that would be
expected. The concentrations weren’t anything that we would typically see outside the range of
naturally occurring concentrations. So the bottom line of our sampling we did not see any
indications that there were storm water contributions that were causing this growth. It was in
fact a natural environmental climatic condition that was causing the growth.
Mr. Mayor: Thank you. Yes, sir.
Mr. Mason: Just one question for you. I appreciate you going out and getting those tests
done for us. Um, that storm drain that’s out there that was identified as potentially having some
sort of algae or uh, hazardous type of material in there. Was there anything of that
neighborhood? Did you even look at that from that standpoint?
Mr. Weiss: We collected water quality samples from there. We did run some additional
analyses on dissolved oxygen. And the dissolved oxygen concentration in the immediate area of
the out fall, that one storm water drain was very low which would be expected with the algae
growth. As algae dies it decomposes and creates and you’ll probably hear this term on NPR or
whatnot with regards to the Gulf where a lot of fertilizers inhabit the Mississippi and into the
Gulf and it creates a similar dead zone. It’s again more in this case it’s naturally occurring, very
shallow, very warm waters. It’s a great environment for algae to grow and of course as they
grow they die off and they consume the oxygen. I think it was simply a matter of a stagnant pool
at the end of that pond rather or rather at the end of the storm water pipe. There wasn’t a lot of
active flow from that pipe so we have algae buildup. Again I don’t think there was anything
manmade causing that growth.
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Mr. Mason: And my last question in reference to this is that okay there’s two other ponds
out there. And as best as I can see they don’t tend to have the same issues that this particular
pond. Can you explain the difference and why we see what we see for those that actually come
to the park they happen to see the one that looks the worst. And then we’ve got two others out
there that look pretty dog gone good but they can’t see that.
Mr. Weiss: We did not look at the two ponds that did not have an aquatic plant growth
issue. We only looked at the water falling in the ponds with the plants because we were
concerned about fertilizers.
Mr. Beck: I think to answer that question it’s quite simply the depth. The other two
ponds are much, much deeper than this first pond that you see and have a look at that. It’s so
shallow that that also is contributing to the growth of those plants. And as was mentioned at the
last meeting and we do have funding in the SPLOST to hopefully have the kind of monies that
are necessary to dredge that pond. And we certainly hope that’s going to happen in the next
SPLOST (inaudible).
Mr. Mayor: Okay. Thank you, gentlemen. Do we have any further questions? Can I get
a motion to receive this as information?
Mr. Jackson: So moved.
Mr. Johnson: Second.
Mr. Mayor: We have a motion and second. If there’s no further discussion
Commissioners will now vote by the usual sign of voting.
Motion carries 9-0.
Mr. Mayor: Thank you, ma’am, and I believe our final agenda item.
The Clerk:
PUBLIC SAFETY
14. Discuss/approve the Certified Physical Agility Test (CPAT) as the new physical exam
used to evaluate fitness as a part of the new proposed hiring process for firefighters.
Mr. Mayor: Chief?
Mr. Jackson: It’s either the Chief or Mr. Powell.
Mr. Mayor: Okay. Rod, Chief, Chief, Rod?
Mr. Powell: If I can for a moment. The purpose of this change is to implement a process
that is fair and objective for all applicants for the firefighter positions. One of the things we
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looked at some time ago in Committee was the issue of physical agility tests, physical testing.
That had not up to date been validated. We are looking according to federal law and a validated
test to do that, which means that it has been validated across the country fire departments
throughout the U.S. We’re involved in this and the primary recommendation would be that we
implement the CPAT test and replace the old physical agility test. We also have some procedure
things to recommend but that’s essentially it to give us a better process a more objective process
and a fair process for new applicants coming in.
Mr. Mayor: Do we have any questions?
Mr. Mason: I’ve got a question.
Mr. Mayor: Okay Commissioner Lockett and I’ll get ---
Mr. Lockett: Thank you, Mr. Chairman. I think I’m going to direct my question to Chief
Willis but Mr. Powell if you want to respond feel free to do so. I did a little research on this and
I read a June 10, 2010 Boston Globe article. It talked about the CPAT and I quote. The
requirement that newly hired Boston firefighters undergo a physical and pass a fitness test every
year is a good first step say doctors who studied firefighters health. But the agreement misses
those most at risk for injury or death on the job, the veterans of the force. The article also notes
that up to 40% of firefighters nationwide that are overweight risk suffering heart attack on the
job more than the general population. This is again in accordance with data collected by Harvard
researchers. So my question to you, Chief, is why would the CPAT establish a level of physical
fitness for firefighter trainees and not require the same level of fitness for veteran firefighters.
Chief Willis: We have looked at that issue as well and what we’re, in addition to the
CPAT we’re working towards a physical agilities for those incumbent firefighters. We’re
working on the wellness program. We’ve already got Weight Watchers involved with our
firefighters to address their issues. We’re working towards building a program now that would
take place to make sure that all firefighters are physically fit for the job. CPAT is designed and
licensed through the International Fire Chiefs Association for those incumbent fire fighters.
Over the years fire departments have tried to change their image in recognizing that this is
physically challenging job and those fire fighters are put through tasks each year. To change the
face of the fire fighters and those people that are in there as a retire out and we start bringing new
fire fighters in this is helping us to get our people that are physically fit into the program as they
come into the program and to continue a physically fit program after they get into the fire service
too.
Mr. Lockett: If we are only going to establish this criteria due to attrition it could take
another forty years for this to be accomplished.
Chief Willis: But what we’re doing we’re working towards getting those people that are
already in, getting them physically fit as well to a required level that they’ll have to meet each
year.
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Mr. Lockett: And, Mr. Mayor, just one quick question. How do you think the Richmond
County firefighters would fit with this 40%? Would it be greater than 40% or less than 40%?
Chief Willis: Well, each year we have to go through a physical practicum’s test. That is
we have to do through standards of training that is required by the state and so far all of our
firefighters passed that. And that entails task-oriented things that they have to do from climbing
ladders to dragging hose to doing rescue operations to doing forcible entry and all. That is all
part of the standards of training that is required by the state each year that each person has to go
through.
Mr. Lockett: Thank you, Chief, thank you, Mr. Mayor.
Mr. Mayor: Mr. Mayor Pro Tem and then Commissioner Jackson.
Mr. Mason: Um, thank you. I agree that we need to start somewhere in this physical
fitness process. There’s no doubt about that. I do have some grave concerns though in reference
to the fitness of all of our firefighters on the force at any given time they could be called and I
understand public safety and public service to be called at any given point and my concern is
somewhat from a medical standpoint. Are we addressing this appropriately to um, cut down our
liability as a government as it relates to medical terms. And in addition to that I’m wondering
would that cause any issues if we put this in place in terms of equal opportunity within the
workplace. And maybe you’re not the one to answer that. It may be, where is she, Miss
Humphries. So maybe, maybe if I could, Mr. Mayor, if we could hear from her ---
Mr. Mayor: That’s fine.
Mr. Mason: --- in reference to this, on this situation?
Ms. Humphries: Yes, Commissioner.
Mr. Mason: Um, and I said I just have some concerns in reference to not necessarily
speak to the medical portion of that but the um, the equal opportunity within the workplace or
equal standards within the workplace from new hires to those incumbents. Another words
having to put a standard on one set but you don’t necessarily have a standard on the second set or
the veteran set. How does that play into this whole picture as far as I said the government and
what should we be looking for if anything. Or is there any issues in reference to that that we
need to make sure that we look at as we’re making these decisions?
Ms. Humphries: Well, Commissioner, there is going to be a concern because we need to
have a fair standard for all because everyone is going to have to meet a standard. So if we’re
going to hold a standard to the recruits and once they complete the recruit training and go into
the status of the station then the people in the station who’s overseeing those recruits need to be
just as fit as the others. Maybe not at the same level, on the same age group but there is a fitness
that is required for all. You cannot do a fitness for one and not for the other whether that’s a
physical assessment or all that I think it’s imperative that the city and Augusta have a standard
for all.
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Mr. Mayor: Mr. Russell.
Mr. Russell: Mr. Mayor, if I can, I think that’s exactly what the Chief said we were
attempting to do. We tried to involve Ms. Humphries and Andrew in this but the CPAT has met
the federal requirements to get started there basically. What you heard the Chief begin to tell
you was we are looking at implementing similar standards as we go forward with that. The
problem we’ve got is the blanket of implementation I think is just as egregious as not doing
anything. So what we’re attempting to do and what you’ll see shortly is a plan where we adopt
those standards, we allow the testing for the first year, a second year worth of testing to get them
going and then move into that. So I think you’ve got to give people an opportunity to meet the
standards once you establish those. So that’s the plan you’ll be seeing in the future.
Mr. Mayor: I know we’ve, Commissioner Mason, are you finished or are you?
Mr. Mason: Yeah ---
Mr. Mayor: Okay. Commissioner Jackson then I’ll come back to Commissioner Lockett.
Mr. Jackson: Ms. Humphries and Rod and Chief this test is not designed for the
incumbent firefighters, correct? Okay so this is only for new recruits coming in down the road
from tomorrow on or whatever. And it’s not for but there are plans in place to get the wellness.
I just wanted to make sure that was clear.
Mr. Mayor: Commissioner Lockett did you?
Mr. Lockett: Thank you, Mr. Mayor. This is for Mr. Russell. Mr. Russell, what is going
to be the timeframe on this for career firefighters? What are we looking at? Are we looking at
three months, six months or one year or five years?
Mr. Russell: In previous worlds we’ve done this in a two-year cycle and I’m looking for
Rod and the Chief to give me some information on what’s the quickest way to get this done and
have that blessed by Ms. Humphries in a way that makes it fair an equitable. You know once
again I think the issue becomes when you say that tomorrow you’ve got to do A, B, C and D and
then test them on that tomorrow. I think what we’ve got to do is adopt a plan which is similar to
the CPAT plan, tell them that you know this where we’re at, give them an opportunity to meet
those standards and then start moving forward with that. And Rod, and Chief, have you got a
timeframe?
Mr. Powell: What we have in our outline of the process is as we just talked about the
CPAT was specifically validated for entry level so we’re good to go on that. The next phase and
this is the part where legal issues are involved in employment law. When people are currently
working and when they were hired there was no requirement for annual physical reviews upon
employment it didn’t exist. So there was no what’s called condition of employment at that time
for the folks that were hired in the past years. What we’re going to do is change that condition of
employment and we’re going to advise the entire firefighting force that we have new condition
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of employment. This is what it is and at the end of the first year we will implement a testing
process based on state requirements. We also have based on that a process that folks would go
through. If they failed the test they actually get what four levels of warnings and we already
have that written the four levels of warning. Ultimately if you fail after the notices you’ve
acknowledged the new policies the due process the new standards that will be annually
administered every year, ultimately if you cannot pass those we would have no choice but to
remove that person from the position for failure to meet the requirements of the job. They could
also perhaps apply for disability retirement regular retirement or they would be separated. But
the point is after going through the entire process at some point at the end of the testing process
they would have to either meet the physical requirement of the job and all the skill requirements
or they would have to be separated from a firefighter position. And that’s ultimately what you
have to do.
Mr. Lockett: The last part of my question is since this wasn’t a condition of employment
couldn’t there be a condition put in place now before anyone could be promoted that they have to
satisfy the requirement?
Mr. Powell: We, what basically the law says in these kinds of cases is first you give the
written policies, explain it to folks, make sure they clearly understand it. We do training classes
in all of that. Ultimately everybody understands the new criteria then they sign off
acknowledging that as the new condition of employment. And that point going forward yes we
can. It takes time but that is the legal process to implement a policy change. And that’s our plan
to do that.
Mr. Mayor: Okay. Commissioner Bowles then Commissioner Grantham.
Mr. Bowles:
Thank you Mr. Mayor. My concern is what Commissioner Lockett and
Commissioner Mason said and what alarmed me is what Commissioner Jackson said was the
wellness program. We supposedly had a wellness program with the city employees for five
It’s incumbent upon this body right here to set
years and we had nothing but negative results.
the standards for our fire department because it’s obviously not being done. I would like
the Charleston Report to be sent to every commissioner from the Alcohol, Tobacco and
Fire about the accident in Charleston several years ago where they were written up on
numerous occasions for not having physical training programs in place. And it’s up to us
to pass this. This is the first step but then to come back here I would say in the next 30
days and set the time table for what our current firefighters need to meet in the future
because otherwise like Commissioner Lockett and Mason said it’s just going to be washed
down the road and nothing will ever be done. So it’s incumbent upon this body to address
that in the next 30days.
Mr. Mason: Is that a motion?
Mr. Mayor: Is that a motion to approve and include that in the motion?
Mr. Bowels: So moved.
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Mr. Johnson: Second.
Mr. Mayor: We have a motion and second and very much agreed well stated
Commissioner Bowles. Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. Chief, did we not several years ago implement a
program for physical aptitude tests based on employment into our fire department?
Chief Willis: Physical aptitude?
Mr. Grantham: Physical fitness and aptitude test.
Chief Willis: We have been using one that the state uses that we’ve used over the years.
That is not a validated program. It can be challenged at any time. This one is internationally
recognized and then challenged in the courts and everything as well too.
Mr. Grantham: Right, but ---
Chief Willis: There’s not a whole lot of difference in them.
Mr. Grantham: Well, but with the one that’s been approved by the state you’re saying
there was a guideline for us to use in order to put our applicants through a physical test.
Chief Willis: Yes, through the state. The state for them, in order for the firefighters to
come on, have to meet certain requirements and be physically fit. That is a program where we
send them to a doctor and they go through a physical test there. Then we have what we call our
physical agilities test where they have to do the ladder climb, forcible entry, the drag, rescue drag
and things like that. This is, the CPAT is basically the same thing but it has been validated by
nationally.
Mr. Grantham: Okay. How much effort and I think one of our Commissioners hit on it
but how much effort is being put into the medical aspect of our incumbent firefighters right now
as to their physical fitness?
Chief Willis: It’s a basic physical fitness test is basically what it is.
Mr. Grantham: Okay. Basic by who?
Chief Willis: By the doctor they can go to.
Mr. Grantham: But I mean is it a state requirement or is it just that doctor approving that
you’re physically fit.
Chief Willis: What it is it’s a check off list that we provide the doctor that you’re
physically fit for the job. And basically it’s a physical you can go get yourself.
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Mr. Grantham: One last comment, Mr. Mayor. And I, you know I think that’s part of the
concern that we all have is that I can go to any doctor and persuade him that I’m in good shape
and he never put me on a treadmill or anything else. But I think if it’s required and those
standards have to be met and we use either one doctor’s office or one physician to do everyone
and everyone is treated equally and I would think that would fall in line just as much as it is to a
physical ability test. And based on that, it also satisfies and qualifies for EEO.
Chief Willis: You’re right.
Mr. Grantham: Maybe we ought to look at the medical side just as seriously by either
engaging our services from one group physician or whatever it might be to where if they know
they’re going to have so many people to see. And I know companies do that, corporations do
that and they make sure that their people are tested annually.
Chief Willis: A qualified physician to do that.
Mr. Grantham: That’s right. I would like to add that to the motion, Mr. Mayor, as a part
of that motion that it be including the medical aspect of the testing.
Mr. Mayor: Mr. Russell.
Mr. Russell: If we could add that in the format of bringing it back a study on that if
you’re talking a fairly, not a study but within the next 30 days to bring back some
recommendations on that too and not requiring that specifically until you’ve had a chance to
revisit that. To look at the costs and the impact of that and the mechanism for making that done I
would prefer to do it that way then require the physical with the motion today. And maybe I was
reading something wrong into what you’re saying but if we could do that I think in 30 days we
can get you back a plan.
Mr. Mayor: Mr. Bowles, are you willing to include that in your motion?
Mr. Bowles: (inaudible)
Mr. Mayor: Okay.
Mr. Lockett: Mr. Mayor, could they read the motion please?
Mr. Mayor: Madam Clerk.
The Clerk: The motion was to approve the CPAT test and to come back in the next 30
days with a full plan for the implementation for the balance of the firefighters. And to have
copies of the Charleston plan distributed to all the Commissioners. And the last part I’m not
sure.
Mr. Russell: The addition of adding a review of the opportunity for a medical evaluation
prior, as part of this physical fitness program ---
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Mr. Mayor: With a qualified physician.
Mr. Russell: --- with a qualified physician within our 30-day report.
Mr. Mayor: Okay and just, anybody wanting to get physically fit we had a great softball
game on Saturday night. And I know we’d invite firefighters, Commissioners anybody to come
out and play for the next game. That’s a good way to lead by example. But we have a motion
and a second. If there’s, oh, Commissioner Brigham.
Mr. Brigham: I would like to hear from the Chief, Mr. Powell and Ms. Humphries that
this is their recommendation of a first step, yes or no.
Mr. Powell: I’m sorry I didn’t hear you.
Mr. Brigham: Is this your recommendation of a first step yes or no?
Chief Willis: Yes.
Mr. Brigham: I’d like to hear from the other two also.
Mr. Powell: Yes, as a matter of fact. We have pretty much worked through an outline of
the entire process that includes the items we’ve discussed this evening, which includes the
annual physical. Yes, I do agree.
Mr. Mayor: Ms. Humphries?
Ms. Humphries: If there are incumbents that issue be approved for both if you’re going
to adopt something. Preferably if we’re going to have any more firefighters that go for
promotion and or recruits and we have not have approved standard for all. So I would say that
we need to adopt it all at one time maybe within the next 30 days, everything that is concerned of
the Commission.
Mr. Brigham: Is that a yes or is that a no?
Ms. Humphries: No.
Mr. Brigham: That’s what I thought.
Mr. Mayor: Okay, we have a motion and a second. If there are no further questions
Commissioners will now vote by the usual sign of voting.
Mr. Mayor: I think I should start humming the tune from Jeopardy.
Mr. Lockett: You had a run on sentence with that motion. You had too many moving
parts.
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Mr. Mayor: Joe said a mouthful.
Motion carries 9-0.
Mr. Mayor: Mr. Attorney, do we have a need for a legal session?
Mr. Mackenzie: No, in light of the fact that they approved the second reading of the
change for the legal meeting to be at 12:00 o’clock on committee days. There’s no need for a
legal today.
Mr. Mayor: You have just made the evening of many folks sitting up here. This if
there’s no ---
Mr. Russell: Mr. Mayor, if I can.
Mr. Mayor: Mr. Russell.
Mr. Russell: Just to remind everybody that there is a Special Called Meeting Monday to
approve to rollback in the millage rates so we can get that done. It should take a few minutes but
we need to do that move forward with the process. I said rollback of the millage rates, rollback
of the millage rates. Thank you.
Mr. Grantham: Say that again, Fred.
Mr. Russell: Rollback, reduction of the millage rates.
Mr. Mayor: I feel like that little yellow guy in the Wal Mart commercials. If there’s no
further business to come before the body, we stand adjourned.
[MEETING ADJOURNED]
Nancy Morawski
Deputy Clerk of Commission
CERTIFICATION:
I, Nancy Morawski, Deputy Clerk of Commission, herby certify that the above is a true and
correct copy of the minutes of the Regular Meeting of the Augusta Richmond County
Commission held on August 3, 2010.
____________________________________
Deputy Clerk of Commission
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