HomeMy WebLinkAboutCOMMISSION MEETING February 2, 2010
REGULAR MEETING COMMISSION CHAMBER
FEBRUARY 2, 2010
Augusta Richmond County Commission convened at 2:00 p.m. February 2, 2010, the
Hon. Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Lockett, Smith, Mason, Grantham, Hatney, Aitken, Johnson, Jackson,
Bowles and Brigham, members of Augusta Richmond County Commission.
The invocation was given by Dr. Mark Sterling, Sr., Pastor, Curtis Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Okay, I’ll call the work session to a close and if everybody’s ready I’ll, y’all
ready? I’m getting lots of nodding heads. I’ll go ahead and call the meeting to order and ask Dr.
Mark Sterling, Pastor of Curtis Baptist Church for our invocation. Please stand.
(Invocation given by Dr. Sterling.)
Mr. Mayor: Pastor, if I could get you to come forward I’ve got a little something for you.
Thank you for that wonderful invocation. By these present be it known that Dr. Mark Sterling,
Sr., Pastor, Curtis Baptist Church is Chaplain of the Day. For his civic and spiritual guidance
demonstrated throughout the community. Serves as an example for all of the faith community.
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Given under my hand this 2 day of February 2010. Thank you, sir. (APPLAUSE)
Mr. Mayor: Madam Clerk, on to the presentations.
The Clerk:
PRESENTATIONS
A. Mr. J.R. Smalls, Commander of the Buffalo Soldiers – Augusta Chapters. RE:
Donation to Augusta Recreation Department.
The Clerk: Commander Small, along with Mr. Tom Beck of the Recreation Department.
Mr. Mayor, do you want to join us?
Mr. Smalls: Good Afternoon. My name is J.R. Smalls and I have the distinct privilege
of being the President of the Augusta Buffalo Soldiers Motorcycle Club of Augusta. Our
purpose here this afternoon is twofold. Before Mr. Howard passed away I would ask that we
would donate, make a donation to the Augusta NAACP in his name and Richmond County Parks
and Recreation’s name. So at the parade we donated a check for $500.00 to the NAACP. And
every year we make a donation to the Richmond County Parks and Recreation Department to be
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used for all the youth of $2,000.00. And I think this is our 7 year so we should be up to about,
two times seven I believe. How much is two times seven, Mr. Mayor? And next year we’ll add
another $500.00 in here so next year we hope to make a donation of $2,500.00. And I hope this
check can be used for all our youth in Richmond County. (APPLAUSE) And throughout the
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year we’ll be doing about four more community projects. One will be our annual Easter Egg
Hunt for the community kids in the community. Our next one will be the Fan Giveaway. That’s
when we give fans and air-conditioners to the needy folks throughout Richmond County and
Burke County. And then we have the school supply giveaway. And last year we had like four
hundred and some kids at our school supply. When we first started we started with about fifteen
kids showing up. And last year in our fourth year we had over four hundred some kids showing
up so. And with that we thank you. Mr. Beck. (APPLAUSE) And we thank Mr. Beck for his
support, his continued support.
Mr. Beck: Thank you very much. Mr. Mayor and members of the Commission there are
a lot of great organizations in this city of ours. But there are no better organizations and no
organizations that care more about Augusta than the Buffalo Soldiers. They are doers. They are
not talkers. They get the job done. They help us everyday with many projects and I would just
ask if you would join me in a tremendous round of applause to the Buffalo Soldiers.
(APPLAUSE) Thank you.
Mr. Mayor: I’ll make a brief comment and then I’ll turn it over to the Mayor Pro Tem. I
just want to say particularly as it regards doing this in memory of Robert Howard who was
y’all’s dear friend, our dear friend from the city. It couldn’t be more appropriate. But thanks to
y’all for everything you do. I just want to echo what Tom says. Y’all are an amazing
organization and you give back to this community in good times and bad. So thank y’all so
much. Mr. Mayor Pro Tem.
Mr. Mason: Thank you, Mr. Mayor. And I just want to echo the same sentiments as
well. We really do appreciate the Buffalo Soldiers and what they do. Not only during this time
but what they do throughout the year. They’re a very big part of our community and we really
do appreciate each and every one of you. Please tell your entire group that this government
really appreciates what it is that you do. And certainly on behalf and in remembrance of Robert
Howard who was a integral part of this government for a number of years. We really do miss
him. You really don’t realize how much you miss a person until they’re gone and understand
what they mean and what they do for this government. But on behalf of Robert Howard and his
family we’d like to say thank you, thank you thank you for the work you do, Buffalo Soldiers.
Thank you so much. (APPLAUSE)
DELEGATIONS
B. Mr. Wayne Canty. RE: Proposed Water Park in Augusta.
Mr. Mayor: And, Madam Clerk, I believe I see that Mr. Canty has requested to be
removed from the agenda.
The Clerk: Yes, sir.
Mr. Mayor: Okay. Thank you, ma’am. We will move on to the consent agenda.
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The Clerk: Yes, sir. Our consent agenda consists of items 1-20, items 1-20. For the
benefit of any objectors to our alcohol petitions, once the petition is read, would you please
signify your objection by raising your hand.
Item 1: Is for an on premise consumption Beer & Wine license to be used in connection
with the location at 2540 Center West Parkway. Item 3 is for, that’s not alcohol that’s dance.
Our only petition is the Beer & Wine petition in connection with Stay Bridge Suites located at
2540 Center West Parkway. Are there any objectors to that alcohol petition? Apparently, Mr.
Mayor, there are no objectors. Our consent agenda consists of items 1-20.
Mr. Mayor: Thank you, ma’am. Do we have any items to be added to the consent
agenda? Not that there are many likely candidates on that one.
FINANCE
21. Consider a request from National Hills Exchange, LLC regarding a waiver of penalties
incurred concerning the payment of 2009 real estate property taxes. (No recommendation
from Finance Committee January 25, 2010)
Mr. Brigham: Mr. Mayor, I know that Mr. Kendrick’s here. If he can address item #21
we might can add that to the consent.
Mr. Mayor: Okay. Mr. Kendrick. Thank you for being here.
Mr. Kendrick: At the last Finance Committee there was a letter presented to you from
Abernathy and Timberlake. That is a company who was actually late in paying their real estate
taxes. But their check was lost in the mail. We have a copy of a check they sent in November
that was prior to our penalty date for $112,000.00. And a letter to you asking whether they can
have the penalty and interest waived in lieu of their good faith effort to get the monies here. And
so in looking at the tax bill and the tax record it was something that we would recommend that
we do. They are a large tenant, a developing company on Washington Road and we did get the
$112,000.00. And so as long as we got the one hundred and twelve we would grant that if it was
asked of us.
Mr. Mayor: Okay. Mr. Brigham.
Mr. Brigham: I would make the motion that we would waive the penalty not the interest
and I think we could do that.
Mr. Mayor: Do we have a second on that motion?
Mr. Bowles: Second.
Mr. Mayor: We have a second. Commissioner Hatney.
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Mr. Hatney: Let me ask the question. Did you say that they sent a check but it got lost in
the mail?
Mr. Kendrick: It did. According to their letter and their copy of their transaction record
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they sent a check on November 12 which they provided a copy. And it did not get to us. But it
happens from time to time.
Mr. Hatney: It does happen but can you fault them for the mail getting lost?
Mr. Kendrick: I cannot and that’s why I would recommend that in this instance we waive
---
Mr. Hatney: All of it.
Mr. Kendrick: Well that ---
Mr. Mayor: Commissioner Smith.
Mr. Smith:
Thank you, Mr. Mayor. I know Mr. Kendrick there’s been several
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occasions that we’ve experienced in that same way that have got lost during that time.
would like to make a substitute motion that we relieve all of those charges.
Mr. Hatney: I second.
Mr. Smith: I see he’s paid his dues and um, I know of several that have got lost in the
mail and it was a valid asking for.
Mr. Mayor: Okay, we have a substitute motion and a second by Commissioner Hatney
whose voice is a little out today. Commissioner Bowles.
Mr. Bowles: Thank you, Mr. Mayor. Mr. Kendrick, was the first check, was there a
copy of a certified letter or anything to document that the check was actually mailed out on that
date?
Mr. Kendrick: They did not send that. However in our systems we’re able to track when
mail is returned. And we did get a flag in our system that for some reason that mail was
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returned. And so we did show they did show that it was mailed on the 12 and we do realize that
that could be something that could duplicated later. Our system showed a return.
Mr. Bowles: It didn’t help my decision very much.
Mr. Mayor: Okay. Commissioner Grantham.
Mr. Grantham: Do you try to obtain any postmarks based on their envelopes that that
information might have been presented in?
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Mr. Kendrick: On this one they did not. They did not send it as certified. I did suggest
to this customer with a check in the amount of $112,000.00 and what was at stake that in the
future you would want to send those monies in a way that would guarantee that. But we send out
91,000 bills. We get back probably 50,000 through the mail and I can tell you it just happens.
Even if it happened 1% of the time you’re talking hundreds that get lost. And so we try to allow
some opportunity for those mistakes.
Mr. Mayor: Okay we have a substitute motion and a second. Madam Clerk, just for
clarity if you could read back the substitute motion.
The Clerk: The substitute motion by Commissioners Smith and Hatney was to approve
the penalty, the waiver of the penalty and interest on this request. The original motion was to
waive penalty only.
Mr. Mayor: Okay if there's no further discussion Commissioners will now vote by the
substitute sign of voting.
Motion carries 10-0.
Mr. Mayor: Okay.
The Clerk: Back to our consent agenda items 1-20.
Mr. Mayor: Do we have any items to be pulled for discussion?
Mr. Lockett: Mr. Mayor, I’d like to have ---
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: --- thirteen please.
Mr. Mayor: Mr. Mayor Pro Tem.
Mr. Mason: Yes, thank you, Mr. Mayor. Is Ms. Dixon here?
The Clerk: Yes, sir.
Mr. Mason: I’m going to pull item number three, please.
Mr. Mayor: Okay, do we have any further items to be pulled for discussion? Mr.
Russell.
Mr. Russell: Mr. Mayor, item six. They’ve appeared before Administrative Services and
it was denied by them. But it would be my thought if anybody agrees that as it is an appeal of a
purchasing decision then they would have a right to make a presentation before we go forward
with this. So I’d like to pull that one, please.
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Mr. Mayor: Okay.
Mr. Hatney: Say that again, I’m sorry.
Mr. Mayor: Commissioner, Mr. Russell.
Mr. Russell: As it is an appeal and the due process I think while even though the
Administrative Services Committee has denied that appeal I think it would be appropriate for
them to have a right to as part of their due process to appear before the full Commission.
Mr. Hatney: Okay, one question. Why didn’t you all advise us of that in the meeting?
Mr. Russell: At that point I really didn’t think about it, sir, I’m sorry.
Mr. Mayor: Okay. Mr. Brigham.
Mr. Brigham: Mr. Mayor, I understand Ms. Crawford’s in the house on item number
twelve and she didn’t have a chance to address the Finance Committee and would like to address
the Commission on that. And I think we ought to give her that opportunity.
Mr. Mayor: Okay. Any further? Okay can I get a motion to approve the consent
agenda?
Mr. Lockett: So moved.
Mr. Smith: Second.
CONSENT AGENDA
PUBLIC SERVICES
1. Motion to approve New Application: A.N. 10-03; request by Jugal K. Purohit for an on
premise consumption Beer & Wine license to be used in connection with Stay Bridge Suites
located at 2540 Center West Parkway. District 7. Super District 10. (Approved by Public
Services Committee January 25, 2010)
2. Motion to award bid for Audio Visual equipment for new headquarters library.
(Approved by Public Services Committee January 25, 2010)
4. Motion to approve the selection of Events 20-20 as the airport In Flight Caterer and the
contract between Events 20-20 and Augusta Regional Airport. (Approved by Public
Services Committee January 25, 2010)
5. Motion to approve the upgrade of the Administrative Bookkeeper position at Augusta
Regional Airport. (Approved by Public Services Committee January 25, 2010)
ADMINISTRATIVE SERVICES
7. Motion to approve resolution authorizing the settlement of all Claims in a Personal
Injury Claim of Aaron Easter. (Approved by Administrative Services Committee January
25, 2010)
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8. Motion to approve transfer of portions of Augusta property located on Deans Bridge
Road near the intersection of Wyevale Road and Windermere Drive to the Land Bank
Authority for $5,000.00 for the purpose of selling same for redevelopment purposes and to
authorize the Mayor and Clerk of Commission to execute such documents as necessary to
consummate the transaction, all in form as approved by the General Counsel. (Approved
by Administrative Services & Finance Committee January 25, 2010)
PUBLIC SAFETY
9. Motion to approve payment to New World Systems, Inc. for Standard Software
Maintenance for the period covering January 1, 2010 – December 31, 2010. (Approved by
Public Safety Committee January 25, 2010)
FINANCE
10. Motion to approve funding in the amount of $5,000 for Augusta Day activities.
(Approved by Finance Committee January 25, 2010)
11. Motion to approve the recommendation of the Tax Assessor’s Office for a refund of
$1,544.57 for the years 2007, 2008 and 2009 regarding a request from Dr. Michael
Shekastehband regarding a refund of taxes on Parcel #096-3-005-00-0. (Approved by
Finance Committee January 25, 2010)
13. Motion to approve establishing a policy for this budget year fro denial of requests for
the purchase of tickets and send a letter advising the organizations of the city’s budget
constraints. However, this does not restrict commissioners from bringing forth requests.
(Approved by Finance Committee January 25, 2010)
ENGINEERING SERVICES
14. Motion to approve contract award to Blair Construction Company for services
associated with Water & Sewer System Repairs and Installations in the amount of
$847,439.49. Bid item #09-155. (Approved by Engineering Services Committee November
9, 2009)
15. Motion to approve the recommendation of the Solid Waste Director regarding a refund
request of the charges for solid waste service for the years 2006 through 2010 since a
garbage can was not issued to her in 2006 and she was unable to use the service from Ms.
Barbara Coping for the property located at 1615 Cornell Drive. (Approved by Engineering
Services Committee January 25, 2010)
16. Motion to approve Georgia Department of Transportation (GDOT) State-Aid Contract
for emergency repairs to Skinner Mill Road approximately 1,300 feet west of Warren
Bridge Road in the amount of $15,826.42 as requested by AED. (Approved by Engineering
Services Committee January 25, 2010)
17. Motion to approve the deeds of dedication, maintenance agreements and road
resolution submitted by the Engineering and Augusta Utilities Departments for Mason
McKnight, Jr., Parkway. (Approved by Engineering Services Committee January 25, 2010)
18. Motion to authorize condemnation to acquire title of a portion of the properties for
permanent and temporary easements for the 10156 Gordon Highway 16 Inch Water Main
Project, PIN: 078-0-003-00 & 078-0-003-02. (Approved by Engineering Services Committee
January 25, 2010)
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19. Motion to approve a request from the property owners that the road now known as an
un-named road at Goshen Village Shopping Center located near the intersection of Old
Waynesboro Road and Mike Padgett Highway (PIN #157-0-061-00-0) be renamed Nixon
Farms Road. (Approved by Engineering Services Committee January 25, 2010)
PETITIONS AND COMMUNICATIONS
20. Motion to approve the minutes of the regular meeting of the Commission held on
January 19, 2010.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign.
Mr. Hatney abstains.
Motion carries 9-1. [Item 3]
Motion carries 10-0. [Items 1-2, 4-5, 7-11, 14-20]
Mr. Hatney: Madam Clerk, I abstain on the one alcohol, please.
The Clerk: Yes, sir.
Mr. Hatney: I’m getting better.
The Clerk: Yes, sir.
Mr. Grantham: I voted for you last week.
Mr. Mayor: Um, shoot, I saw one we probably could’ve added to the consent agenda.
But, Madam Clerk, I believe we’ve got three additions to the agenda if we could get unanimous
approval on these.
[Addendum Agenda Items:
Deletion from the agenda:
Delegation Item B. Mr. Wayne Canty (Requested by Mr. Canty)
Additions to the agenda:
1.Discuss Sheriff Strength’s Department needs and concerns over the recent
outbreaks of violence. (Requested by Commission Grantham)
2.Approve GEFA loan in the amount of $8,105,000. (Requested by the Utilities
Department – see attached e-mail regarding the need for approval today)
3.Approve Resolution of Condolences to the family and friends of Judge John H.
Ruffin, Jr.]
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Mr. Hatney: Mr. Mayor?
Mr. Mayor: Commissioner Hatney.
ADDENDUM
26. Approve Resolution of Condolences to the family and friends of Judge John H. Ruffin,
Jr.
Resolution of Condolences
WHEREAS, Judge John H. Ruffin, Jr., affectionately known by many of his friends and
colleagues as “Jack” was born in Waynesboro, Georgia in 1934 to John H. Ruffin, Sr. and Anna
Davis Ruffin; and
WHEREAS, Judge John H. Ruffin, Jr., graduated from the Waynesboro High and Industrial
School, Morehouse College, where he earned a Bachelor of Arts degree in Political Science, and
Howard University School of Law in Washington, D.C., where he earned his law degree; and
WHEREAS, Judge John H. Ruffin, Jr. enjoyed an long and distinguished legal career, having
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become the 62 Judge of the Court of Appeals of Georgia on August 24, 1994 and served as the
court’s chief judge in 2005 and 2006, after 33 years of practicing law and serving on the Superior
Court bench of the Augusta Judicial Circuit from 1986 to 1994; and
WHEREAS, in addition to being the first African-American Superior Court Judge for the
Augusta Judicial Circuit, Judge Ruffin was also the first African-American member of the
Augusta Bar Association, and the third African-American and first African-American Chief
Judge to serve on the Court of Appeals of Georgia, and the first African-American barrister to
have his likeness displayed in the Waynesboro courthouse; and
WHEREAS, Judge John H. Ruffin, Jr. was a member of many professional, civic and religious
affiliations, including: a member of the Tabernacle Baptist Church, Council of Superior Court
Judges of Georgia; Council of Juvenile Court Judges of Georgia; Tenth Judicial Administrative
District; Chairman, Board of Trustees, Institute of Continuing Judicial Education; Georgia
Commission on Gender Bias; Court Reform Committee, Governor’s Conference on Justice in
Georgia; Georgia Association of Criminal Defense Lawyers; Georgia Advisory Council to the
Legal Services Program; Judicial Nominating Commission; Georgia Conference of Black
Lawyers, Inc.; State Bar Judicial Compensation Committee; American Judicature Society;
National Bar Association; American Bar Association; and the Atlanta Bar Association; and
WHEREAS, the Augusta Commission honored Judge Ruffin by naming the new judicial center
the Augusta Judicial Center John H. Ruffin, Jr. Courthouse for his diligent and conscientious
devotion of innumerable hours of his time, talents, and energy toward the betterment of his
community and this state as evidenced dramatically by his many years of superlative service as a
Judge of the Court of Appeals of Georgia and as a Judge of the Superior Court of the Augusta
Judicial Circuit; and
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WHEREAS, the family, friends, and colleagues of Judge John H. Ruffin, Jr., who some called “a
courageous and honorable man, with a wonderfully dry sense of humor”, which was exemplified
through his leadership and demonstrated through his tireless devotion that they may always
remember, and never, ever forget his love, concern and commitment for each of them, as he shall
forever live in their hearts; and
THEREFORE, BE IT RESOLVED that it is with our sincere care and concern that we, the
Augusta Commission of Richmond County, Georgia, send these humble words expressing our
heartfelt sympathy. May you find comfort in knowing that others care and share your loss.
BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the family and
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friends of Judge John H. Ruffin, Jr., this 2 day of February, in the year of our Lord, 2010.
Mr. Hatney: I’ve got one concern particularly on item three. In view of the fact of the
nature of this I really have some problems with the Mayor not being able to do this without the
Commission approving this.
Mr. Mayor: Reverend Hatney we’ve, I’ve done a day of mourning out of the Mayor’s
Office but ---
Mr. Hatney: Listen to what I’m saying.
Mr. Mayor: Okay.
Mr. Hatney: I mean this says approve resolution. This is something that looks like to me
y’all need to be able to do without coming through here to get approval for.
The Clerk: It’s a resolution.
Mr. Mayor: But it’s a resolution from the Commission. And I think it’s, but I think it’s
just showing condolences through the Mayor’s office. We’re doing a day of mourning from the
entire body is my thought. Madame Clerk, is that?
Mr. Hatney: But my concern is I hear you and I appreciate that it’s not that I’m not with
this. That’s not what it is at all. It’s something of this nature it just seems like to me that’s the
responsibility delegated to you and the Clerk and y’all do it.
Mr. Mayor: I’m happy to do that in the future I mean but the only thing I would have
concerns about is it if you know there are ten ---
Mr. Hatney: I’m talking about this particular thing here.
The Clerk: In order for it to be a part of ---
Mr. Hatney: This kind of stuff.
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The Clerk: Well, in order for it to be part of our permanent record, Commissioner
Hatney, resolutions of this nature are often brought before the Commission for approval so that
they can be a part of our permanent record. And if the Mayor issued it from his office it would
not have that opportunity to be a part of our permanent record.
Mr. Hatney: Okay.
Mr. Mayor: Okay, so we’re good on that?
Mr. Hatney: Not really. Not really. Not for something like this but y’all go ahead.
Mr. Mayor: Okay.
Mr. Hatney: I just think this is (inaudible) here.
Mr. Mayor: Okay, so we have unanimous consent on these three items?
Mr. Mason: Yes.
Mr. Mayor: Okay, Madam Clerk, let’s, how shall we break this up. Let’s go to the
pulled items first and then we will come back to the regular agenda item and the additions.
The Clerk:
PUBLIC SERVICES
3. Motion to deny a request by Ms. Chondra Dixon for a Dance License to be used in
connection with Boss Entertainment Group, LLC located at 1365 Gordon Highway.
District 1. Super District 9. (Approved by Public Services Committee January 25, 2010.
Mr. Sherman: Good Afternoon.
Mr. Mayor: Mr. Sherman.
Mr. Sherman: At the Committee meeting we presented to you that the Sheriff’s
Department does not have a recommendation on this item. You asked if the License and
Inspections Department had a recommendation. And our recommendation is that the application
be denied. Ms. Dixon applied for a business license probably the latter part of last year, maybe
around August, maybe a little earlier. The license was issued for an event location meaning that
she was going to have it rented out for parties or for, they would have concerts there. There was
no mention of any dancing, there was no mention of any alcohol, there was no mention of any
adult entertainment at the location. Subsequent to that the Sheriff’s Department responded to
calls at the location where there were two incidents of weapons found on the property. One was
an assault rifle and one was a pistol and the Sheriff’s Department is here to answer any questions
on that. We spoke with Mrs. Dixon. She came into the office and we told her the ordinance that
she was in violation of based on what we knew at that time of the conversation was that she
needed to apply for a dance hall license. She did apply for that and then of course it’s on the
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agenda. But then subsequent to that we started to see the flyers that were going around. We
found that flyers were being placed on cars at the high schools. Flyers were advertising mixed,
or not mixed drinks but drink specials. Now they only have a license to sell soft drinks but they
were having drink specials. Alleged adult entertainment activities going on. If you are a
licensed location you can apply for an adult entertainment one-day license but that’s generally
something similar to a wet tee shirt contest. There also are alleged instances of under eighteen
being allowed in. It opens up roughly at 10:30 and then because it’s, they do not sell alcohol at
least they’re not supposed to be selling alcohol, they don’t have a license to sell alcohol, that
they can be open 24-hours a day. Our recommendation is based on the fact that we believe that
it’s a nuisance to the public. To the general public and it’s our recommendation that it be denied.
Mr. Mayor: Okay. Thank you, sir. And do we have Ms. Dixon here? Thank you,
ma’am. If you could state your name and address for the record and keep it to five minutes,
please, ma’am.
Ms. Dixon: Dorothy Dixon, 2206 Speer Point Drive, Augusta Georgia 30906. I opened
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this business around October. During the meeting that was convened on Monday, January 25 it
was stated that I had applied for a license. It was transferred from a location on Deans Bridge
Road, which that was incorrect. I went in, I applied for the license. I was never told I needed to
have a dance hall license. I had the money. I would’ve paid for whatever they told me I needed.
The building was inspected. They passed everything and I’ve operating for 2 ½ months. I put
over $20,000 in that business and now they want to shut me down.
Mr. Mayor: Okay. Commissioner Mason.
Mr. Mason: I just have a couple questions, Mr. Mayor. In reference to, well first of all
let me say this as far as the License and Inspection and the Sheriff’s Department. I have a little
concern when we don’t get a recommendation one way or the other. Now I hear you say we
have a recommendation now the License and Inspection. But in order for us to make decisions
up here as Commissioners I mean we rely upon both entities to give us some you know good
pertinent information on their feeling behind it so that we can make some good decisions. So it
makes it a little difficult sometimes when you have no recommendation then there’s a request to
deny but not a recommendation. So that’s the first thing. I have a little issue with that. But
more importantly though I’m hearing there was an allocation that weapons were found on your
property.
Ms. Dixon: Yes, sir, there was an allegation that weapons were found on December the
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27 which the weapon was located by the hotel which was the Relax Inn. They located the
weapon by the gas tank. The weapon was not found by Magic City Entertainment. They stated
that someone from the entertainment center had the weapon but they could not prove it. I asked
was there a police report done, was there any suspects or subjects. They stated no we don’t
know Ms. Dixon. There was a vehicle towed. Who did the vehicle belong to that was towed? If
the vehicle belonged to someone that was at Magic City then they should have a name attached
to a vehicle if the Sheriff’s Department really towed the vehicle.
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Mr. Mason: Well, what is, I could continue, Mr. Mayor. What is this in reference to the
flyers that have been advertised referencing drink specials and that sort? I mean what is that
exactly?
Ms. Dixon: No, sir. The drink specials are free drinks like soda, soft drinks. On those
flyers they can produce it as alcoholic drinks. If they can produce the flyer showing alcoholic
drinks because that’s incorrect, sir.
Mr. Mason: Well, what would you say in reference to the adult activities that are alleged
to have gone on or going on at that establishment?
Ms. Dixon: Sir, there’s no type of adult activity going on at Magic City. The bottom line
someone is some of the promoters that promote on the Internet for different nightclubs they
basically make flyers on their own home page. I do not even have a website for Magic City.
Some of the information that was pulled up belongs to the Magic City Entertainment Center that
was in Atlanta which we aware that Magic City in Atlanta is an adult entertainment center. The
flyer when it says alcoholic drinks, my flyer doesn’t say alcoholic drinks. It says drinks. So that
means soft drinks. And if he can show me a flyer that says alcohol then I will sit down.
Mr. Mason: Mr. Mayor, I have a question for Mr. Sherman.
Mr. Mayor: Okay.
Mr. Mason: Mr. Sherman, I’ll wait until he gets ready. Oh, okay. All right. My
question to you is that your recommendation now is that the license be denied. And this is a
dance hall license, right? There’s no alcohol served there. Is that, there’s not supposed to be
any alcohol served there.
Mr. Sherman: See the flyer that’s on the screen. Drink specials all night.
Ms. Dixon: Okay, but it doesn’t say alcohol.
Mr. Sherman: No, it doesn’t.
Ms. Dixon: Well, that’s just like when we go to court and they say you’re serving
alcohol. You say drinks. They’re soft drinks. They’re virgin daiquiris. There’s all types of
drinks, but there is no alcohol on that flyer.
Mr. Sherman: That’s true, it doesn’t say alcohol, it says drink specials.
Mr. Mason: Mr. Sherman, do you have any uh, you say there was alleged incidents of
kids or young adults eighteen and over entering. Do we have any substantiated ---
Mr. Sherman: No.
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Mr. Mason: Okay. My other question is this. Because you didn’t give a
recommendation initially and now you have a recommendation is it common practice or standard
practice at this point to talk about a revocation versus a um, I want to say a reprimand or a
suspension or um, what’s above a suspension? Be on probation or something? I mean what is
your feeling the reason why you’re going directly to so we can make a decision here, why are
you going directly to suspension.
Mr. Sherman: Well, actually we’re going directly to denial.
Mr. Mason: Or denial I’m sorry, yes, denial.
Mr. Sherman: Because she doesn’t have a ten license, 2010 license. The license that was
issued last year either it was mistakenly issued or it was incorrectly applied for depending on
which way you want to look at it. It was issued by it was not issued for the way this business is
being operated.
Mr. Mason: In terms of a dance.
Mr. Sherman: Dancehall and whether or not we’re saying drink specials or coca colas all
or you know what have you.
Mr. Mason: Okay, I guess my last comment, Mr. Mayor, as far as this is concerned is
that I attended a couple of funerals last week of our young people and it’s very, this is serious
business. On the one hand some will look at it and say well they don’t have anywhere to go so if
you close them down you kind of bring it back out into the streets and maybe the Sheriff would
have something different to say about that. If it’s going to be there it’s probably going to be
there anywhere.
Ms. Dixon: This is my business on Deans Bridge.
Mr. Mason: However um, if in fact you know these types of events are going on I don’t
of anyone that can really condone those types of things. But my problem is that I just afraid now
I just don’t, I don’t see it, I don’t see the actual events, the actual events happening. But by no
means can condone any of these types of activities if in fact they’re going on. And our young
people are dying out here on the streets on a daily basis. And this is serious business, Mr.
Mayor.
Mr. Mayor: I understand.
Mr. Mason: That funeral was a very sad situation and I don’t know where we go today
but this (inaudible).
Mr. Mayor: Okay. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Mayor. We’ve talked all around the Sheriff and we
discussed what the Sheriff has and what he doesn’t have. But I think since the Sheriff is going to
14
attend this now I would like for the Sheriff to get up and tell us if he has or his department has
any reason why this business should be closed.
Mr. Mayor: Is the Sheriff? Sheriff, how are you?
Sheriff Strength: Fine, how are you?
Mr. Mayor: Good.
Sheriff Strength: I’ve got my vice man here. I am familiar with the instances that they
are talking about. We did have a couple of problems out there. And I do have Tony Hyde here
who is in our Vice Squad. He can talk more intelligently with dates, times what we found if I
could get him to come up here.
Mr. Mayor: Please.
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Mr. Hyde: The first incident we had out there was on December the 27 at 2:57 in the
morning. And we got a call out there in reference to a fight. When our, we had an investigator
who was close by who stopped by. And as he was pulling up he saw a large group of people
running from outside, running from the inside of the business coming out. He later learned that a
fight had broken out inside the club, which her in house security sprayed pepper spray in there
which made everybody run out. At that time he saw a group of individuals go to a car that was
parked by the front door and somebody pulled out an assault rifle. And at that time that’s when
he got out and drew his weapon down and hollered for them to stop. At that time they dropped
the weapon there by the front of the business. And they took off running where they were able to
jump a fence at the rear. The weapon and the vehicle was recovered there at the location. The
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second incident would have been January the 3 at 4:05 in the morning. This is when a deputy
was called out there in reference to several cars that had been broken into that were patrons of
the club. While he was there taking the report for the vehicle break ins he heard a loud
commotion and a group of people running from inside the club. At that time he saw an
individual facing a group of people with a handgun. At that time he gave chase to that subject
and was able to apprehend him where two people were arrested and weapons were recovered at
that time.
Mr. Mayor: Thank you, sir. Commissioner Brigham, then Commissioner Hatney.
Mr. Brigham: Ms. Bennett, is this a dance hall?
Mr. Dixon: Sir?
Mr. Brigham: Is this a dance hall?
Ms. Dixon: I applied for my business license for an entertainment center and a nightclub.
That’s what it says on my lease agreement. So the license that they issued was ---
Mr. Brigham: Is this or is this not a dance hall? That’s a simple question. Yes or no.
15
Ms. Dixon: No, sir, it’s not a dance hall because they didn’t allow me opportunity to
apply for the dance hall license.
Mr. Brigham: Well, obviously you’re having dances. Now is it a dance hall or is it not?
Ms. Dixon: Sir, okay, you’re not understanding. When I went to the ---
Mr. Brigham: No, I’m asking a simple question. I want a yes or a no.
Ms. Dixon: No, it’s not a dance hall.
Mr. Brigham: It’s not a dance hall at all.
Ms. Dixon: (inaudible)
Mr. Brigham: Then what’s this. Does this say it’s a dance or not?
Ms. Dixon: It’s an entertainment center and a nightclub, sir. But what happen when I
went and applied for my license paid for everything paid for the fire department to come out and
inspect, when I asked did I need a dance hall license I was told no. So the license and
inspections messed up. They screwed up. I have my business license from Deans Bridge Road
that they said had transferred. I still have that business open and operational today even though
the license says 2009 that’s because they haven’t given me a license for 2010. But my business
on Deans Bridge is still operational, right now today. It’s a tax office. So he made that comment
last week about they transferred my Deans Bridge location. That’s a tax business. Totally
separate business. That’s incorrect.
Mr. Brigham: Back to the question. Is this going to operate as a dance hall, a yes or no.
Ms. Dixon: If my license is approved, sir, it will operate as a dance hall.
Mr. Brigham: Okay. To get the license to operate as a dance hall this Commission, you
have to apply for a request of the Commission first. And that’s where we’re at. And so you are
now applying for a dance hall license.
Ms. Dixon: Yes, sir.
Mr. Brigham: Okay. I’m going to go back to the Committee’s recommendation
that we deny this license and make it in the form of a motion.
Mr. Jackson: Second.
Mr. Mayor: We have a motion and a second. Commissioner Hatney.
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Mr. Hatney: Question, I’ve got two questions, ma’am. What are your actual, when you
opened this initially exactly what did you intend for it to be and what are your actually business
operating hours.
Ms. Dixon: It was an entertainment center, sir.
Mr. Hatney: I read that part. Now what does that mean?
Ms. Dixon: Where artists that come perform and also a place where we can have parties.
Mr. Hatney: They can have what now?
Ms. Dixon: Parties.
Mr. Hatney: Parties, okay. Okay, let me ask you one other question. When you said that
where artists can entertain and I thought I heard a restrictive age group up to seventeen not
eighteen and above.
Ms. Dixon: (inaudible).
Mr. Hatney: Eighteen and above? All grown folk?
Ms. Dixon: Eighteen, yes, sir. Eighteen and up.
Mr. Hatney: So no children other than eighteen.
Ms. Dixon: No children.
Mr. Hatney: What’s your hours?
Ms. Dixon: On Friday night um, sometimes it’s from ten to 2:30. Sometime on Saturday
we have a special event. It’s like from ten to like four. Because we don’t have a dance hall but
we don’t stay open all night.
Mr. Hatney: You’re only open two nights a week?
Ms. Dixon: Yes, sir.
Mr. Hatney: Friday and Saturday?
Ms. Dixon: Yes, sir. Sometimes on Mondays if it’s a special event and the kids are out
of school, young adults out of college. Other than that it’s just Friday and Saturday.
Mr. Hatney: My concern is what prompted all of this if you’re just having entertainment?
Ms. Dixon: You want the truth?
17
Mr. Hatney: Well, that’s all I need.
Ms. Dixon: You want the truth?
Mr. Hatney: That’s what I’m asking for.
Ms. Dixon: My business opened two months ago. I started having a lot of patrons come
in. Some of the other club owners came to me and asked me would I go in business with him. I
said well I don’t know you. So basically I needed to do my research before I start going into
business with other owners. So they said we see that your business is built up very strongly, no
alcohol no drugs. So all of a sudden I get a call from one of the club owners. He wanted to
bring an artist into town with me. I said I don’t need him to bring an artist in town. I have my
own money. Since then he said well he made a comment to one of my workers. Well you know
what if she doesn’t I’m going to shut her down. And I’ve been having problems ever since he
made that comment.
Mr. Hatney: It wasn’t ‘til then you had no problems?
Ms. Dixon: No problems.
Mr. Hatney: Your competition are the folks who don’t like that you got the numbers
decided that they have enough clout in Augusta to get you shut down if you didn’t do business
with them.
Ms. Dixon: That is correct.
Mr. Hatney: If that’s the literal truth this is an insult to the integrity of business
operations. You know if somebody can say a person if you don’t go into business with me I’ll
get you shut down. And that’s all I’m hearing now. Something about that just don’t fit well with
me.
Ms. Dixon: I can prove it.
Mr. Mayor: Okay. Commissioner Bowles.
Mr. Bowles: Rob, do you have a copy of the business plan that was passed out last week
in committee?
Ms. Dixon: I have a copy.
Mr. Bowles: Can I see that, please?
Mr. Hatney: While she’s trying to find that, Mr. Mayor, my other question is how can
they get a ---
18
Mr. Mayor: Well, hang on, Reverend Hatney, unless you want to yield to while she’s.
Okay, go ahead.
Mr. Hatney: How can they get a tax business confused with the other business you’re
talking about? How can they get them confused and the license was transferred. How can
anybody get that confused?
Ms. Dixon: That business has been open for three years and I’m still operational. It’s on
Deans Bridge Road. I have several businesses.
Mr. Hatney: Okay, I’m not trying to get into your ---
Mr. Mayor: Commissioner Bowles, are you ready?
Mr. Bowles: Yes, sir. Mr. Mayor, if you look at what’s up there at this paragraph.
Finally Magic City Entertainment could be closed down by the police for any illegal violation. If
this occurs Magic City Entertainment will shut down and reopen under a new name. Will simply
change its name and form a new LLC under a new name. Magic City can continue to make
revenue, profits and continue to pay back loaned monies. I have a very serious problem if you’re
going into business knowing you may be shut down by doing something illegal.
Ms. Dixon: No, no, no sir. That was just stated in the business plan as if anything
happened the police have a right to basically address the issue. Because when you’re going into
business ---
Mr. Bowles: Yes, ma’am, I understand that. But I’m a CPA, I write business plans and I
would never give a business plan to a client that says we may be shut down and then we’ll
reopen under another name.
Ms. Dixon: Over in the risk section, if you look at what section it’s in, basically those are
risks. Within this business, it’s dangerous yes it is. But as long as you have the right security
and the right federal or state officers there you want to prevent any incidents from occurring.
But in this business sometimes there are going to be fights, yes but you have to be proactive
instead of reactive. Basically we have a lot of kids here in Richmond County that are getting
killed every day. Kids need somewhere to go that’s safe. No drugs, no alcohol. But you want to
shut me down? I don’t sell alcohol. I don’t sell drugs. I’m trying to open a nice organization for
the kids to have somewhere to go to get them off the streets, to keep them from joining gangs.
But then they’re making up all this erroneous information. Oh, well she applied for a business
license. I’ve been in business for three years. Those are two separate business licenses.
Mr. Mayor: Okay. Commissioner Smith.
Mr. Smith: Thank you, Mr. Mayor. Could we hear from Larry from Mr. Sherman’s
department, please, before we vote?
19
Mr. Harris: Mr. Smith, in reference to what Ms. Dixon is talking about as far as her
business license, yes she was in business at 3090 Deans Bridge Road as Boss Entertainment
nd
LLC. What you did on October the 22 was come in and do an address change which changed
the location of her business from 3090 Deans Bridge Road to 1365 Gordon Highway. Most
licenses that come through the office come through and I have to sign off on the application.
That one never passed my desk because it was as address change. And as far as her statements
about her not knowing about what she was doing those are erroneous statements. I first came in
contact with Mrs. Dixon probably August of last year. I was called by a contractor who was
going to do work for her, in a proposed location across the street from where she is now. He felt
like she needed to talk with somebody in License and Inspection before she went forward with
what she was doing spending money in that business. So he asked me would I talk with her. I
said sure, put her on the phone. That was my first contact with Ms. Dixon. Our conversation
was about the business she was going into. I have a strong reservation about those type
businesses right now because of what is happening about it. And I made my feelings known to
her. And I also told her, if you’re going to do it before you spend any money and doing anything
to that building there are certain licenses that you’re going to have to have. You’re going to have
to have either a teen club license if you deal with anybody under eighteen. You’re going to need
a dance hall license if you deal with anybody eighteen and up and dancing is provided. After our
conversation I heard no more from Ms. Dixon until probably sometime in October. I got a call
from Sgt. Rich Needham of the Sheriff’s Department and he asked me about a club on Gordon
Highway at the Old Prime Time location. And I was like no it’s not one out there. And Rich
and I are good friends but we kinda had a little conversation because he was saying, Larry, yes
there is, there’s a license out there. We saw it last night and I’m saying no it’s not. So he says,
Larry, go check. So I went and checked. True enough, the license had been moved to 1365
Gordon Highway. I called Ms. Dixon in and spoke with her. And as a matter of fact I probably
spoke with her about three or four times over the last three or four months, in my office and over
the phone. And again I specifically said if you are providing dancing you need a dance license.
I said if you are doing what you say you are providing shows, live entertainment and renting the
facilities you can operate the way you are. But if you provide dancing you will have to get the
dance hall license. About a week later I got a call from Richmond Academy from the janitor at
Richmond Academy. He asked me about the club Magic City and I was like listen, it’s not a
club. They provide entertainment and the rent the building out. He says well teenagers must be
going there because I’ve flyers all over the floor at Richmond Academy. I called Ms. Dixon in
again and spoke with her on that occasion. Well, within about a couple of weeks the Sheriff’s
Department called and said they found an assault weapon. Me and Mr. Sherman called her in
and we spoke with her and we decided at that time to suspend the license. We spoke with Ms.
Dixon about that. But not wanting to hurt someone who is truly in business for the right reason
we rescinded that suspension. Richard kinda said, Larry, you’re going hate that you did that.
Within a weeks time there was another incident with a weapon out there. At that time we
decided to call her in and give her a letter and suspend the license. Ms. Dixon would not come to
our office. She said that she would not come without a lawyer. She would see us on Monday
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morning. We never saw Ms. Dixon again until what January 25 when we came to Committee
meeting. That was our first time seeing her since that time. The stories about all of these other
people involved I’ve been at this job 27 years and one thing that I stand on is my character as a
person, as a man. I’ve never let anybody influence what my decision was based on what I felt.
20
Whether it be an individual or you gentlemen sitting up here. I did what I thought was right.
This instance I’m doing what I thought was right.
Mr. Mayor: Okay, thank you, sir. Commissioner Johnson.
Mr. Johnson: Thank you. I’m not going to hold us up too much longer on this issue.
I’ve talked to Larry about this and also spoke to Ms. Dixon some time ago. And I personally
advised her that getting to this, when you get into the arena of dealing with young people you’re
dealing with a very treacherous environment. And I hate to look at it from that perspective but
we have so many misguided young people out here that don’t have positive role models or
people in their lives to help steer them in the right direction. Now this is, it happens to be in my
district. I have never seen anything come across us on public service last year in regards to this
matter. I do have some issues with it because it is, if you’re dealing with teens it’s hard to
control that. And I understand she’s a very notable person. She’s operating a couple businesses,
a very talented smart woman and she’s investing into the community. But when you’re dealing
with issues and this is like these businesses here. It’s not a very easy business to deal with and
I’d advise anybody that wants to get into it understand there’s things you want to do to give our
young people someplace to go or something to do but everybody just do not operate in the same
form or fashion. And our young people are misguided and unfortunately a lot of them out there
with weapons we have no clue that they have and they don’t have the right attitude to go in and
party and have a good time and believe like they have good sense. So I personally can’t support
an entity of this magnitude because I just don’t think that our young people can appreciate it
when we try to do something like that to put them in a position where they are out of harms way.
And maybe there’s some other form of operations that Ms. Dixon can look at that will do some
of the same things or maybe channel it in a different direction that I’ll be looking forward to
moving in that direction versus a environment of nightclubs or something of that magnitude. So
I hope that we can revamp and maybe go back and look at a different option or opportunity that
will give the young people a safe environment that we know that they can go in a controlled
environment because this is not a controlled environment. You can’t control a lot, I’m sorry you
just can’t. And I’ve talked with the Sheriff several times on issues like this. We’ve been doing a
lot of cleaning up on the Gordon Highway the last couple months. But it’s just not a controlled
environment. So we can, I advise you to maybe go back and restructure what you’re trying to do
and maybe look at some other alternatives that will give you the same or maybe the same effect
that what you’re trying to do to reach the young people and get them there. Because it’s
unfortunate but it’s just going to be extremely hard to operate under this you know this
establishment because our young, they just don’t respect you. You know they don’t respect
anybody that is trying to do something notable so I’m going to end with that note, Mr. Mayor,
and thank you for your time.
Mr. Mayor: Okay.
Mr. Grantham: Mr. Mayor, call the question.
Mr. Mayor: Okay, the question has been called for.
Mr. Mason: That’s what I was going to do.
21
Mr. Mayor: Well, good, it would’ve been called for twice. We have a motion and a
second to deny. Commissioners will now vote by the usual sign.
The Clerk: The motion carries 7-1 with Mr. Johnson voting and Mr. Bowles voting No.
Mr. Hatney abstaining.
Mr. Bowles: Madam Clerk, mine should have been a yes.
The Clerk: Okay. Okay, we’ll clear it allow you to ---
Mr. Mayor: Revote. Let’s check the system to see if we got a short. Commissioners will
now vote by the usual sign.
Mr. Hatney abstains.
Motion carries 9-1.
Mr. Mayor: Okay, Madam Clerk, in the interest of the Sheriff’s time as we’ve all heard.
We need him out there on the street taking care of crime. I’d like to go ahead and call number
one on the additions to the agenda.
The Clerk:
ADDENDUM
24. Discuss Sheriff Strength’s Department needs and concerns over the recent outbreaks of
violence. (Requested by Commissioner Grantham)
Mr. Mayor: Commissioner Grantham ---
Mr. Grantham: Yes.
Mr. Mayor: --- this was your request?
Mr. Grantham: Thank you, Mr. Mayor. And this is a good one to follow up with what
we just went through.
Mr. Mayor: Absolutely.
Mr. Grantham: And I think what we have here in our presence is a Sheriff that can tell us
lot about what’s been going on. Not only out on the streets and in these nightclubs but
downtown in the building that he presides in as far as he and his employees as well as our
inmates. That was one of the reasons that I did want to bring this out to discuss the conditions
that he and his employees are in down there. I know we’ve been looking at facilities for the last
two or three years to try and find a place for him. Back several years ago we passed in SPLOST
V to award $3 million dollars for a facility for the Sheriff. We did not accomplish that. We
knew it would take more money than the $3 million dollars so in SPLOT VI we awarded $6
22
million dollars giving us a total of $9 million dollars. Mr. Russell provided five locations I think
for the subcommittee committee to review that and they narrowed it down to two locations in
particular. And for the last four or five months I think we’ve been reviewing a facility out at
Southgate Shopping Plaza where this particular location of this night club just mentioned would
have been right across the street from the Sheriff’s office. So with that being said I’d like to
have Mr. Russell to tell us where he is on that particular building and then I’d like for Sheriff
Strength to tell us the conditions he’s in right now. We know about it, we read about it, we see it
on the television but we are not in it. And until you go down there and see what he is faced with
and what his employees are faced with it’s hard to sit and describe that to you. So I’d like to
hear from both of them and I’d also want to let it be known to the general public. And I think
Sheriff Strength will confirm this that in the budget that we have approved for 2010 when Mr.
Russell asked Sheriff Strength to cut $1 million dollars from his budget. He did that. And his
talking to me and his understanding what he had to do it was not to cut any employees it was not
to reduce any of the personnel that he has on the streets as far as our protective officers are
concerned. But what he did was be able to release under the court system inmates that was
costing this government and these citizens $45.00 a day per inmate. And with the numbers that
he had at that time he reduced it by some 250-300 inmates that will give you the million dollars
that he’s been able to cut from the budget for that expense alone. So I mention that. I talked to
him about it, I did tell him I was going to bring it up. He’s been talking about it but I don’t think
the general public really knows those reasoning’s. And I think the media needs to expand on that
and let it be known what he’s done down there for that particular reason. I think I know my
time’s out ---
Mr. Mayor: Okay.
Mr. Grantham: --- but I will come back.
Mr. Mayor: Okay, and we’ll hear from Mr. Russell first ---
Mr. Grantham: Thank you.
Mr. Mayor: --- and then ---
Mr. Brigham: Mr. Mayor, before we get to Mr. Russell ---
Mr. Mayor: Commissioner.
Mr. Brigham: --- I think that well we wanted to hear from the Sheriff about was the
crime problem. And I’d like to hear about the building problem at some date. But I don’t think
what this agenda item’s about. And I would think that that part of it is out of order at this time.
And I think we need to hear from the Sheriff about the crime problem first. And if we want to
talk about the building problem we need to add that to the agenda to talk about. Or either, we
need, we need some information from the Administration. We all need to be on the same
wavelength at the same time. We don’t need to on it at separate times.
23
Mr. Mayor: Okay, and I will, I had the same thought, Commissioner Brigham, but it, the
Sheriff’s Department needs I think his facility would fit within the needs as well. So maybe he
can just briefly touch on that. But I agree with you. My understanding of this agenda item
would basically how can we help the Sheriff in addressing his needs with addressing violent
crime in the community.
Mr. Brigham: I want to hear from the Sheriff first then and then Mr. Russell.
Mr. Mayor: Well, his time is valuable. Mr. Russell, do you have your hand up or are you
just twiddling your pen?
Mr. Russell: (inaudible) --- pen.
Mr. Mayor: Okay. Sheriff let’s hear from you first.
Sheriff Strength: Thank you, Mr. Mayor and Commissioners. I’m going to definitely
talk about the crime problem. But in doing so I think I definitely need to bring up the funding as
Mr. Grantham said. There’s a lot of folks out there that think last year when I was approached to
do my budget and help with the budgetary problems that not only Richmond County but every
county is faced with could I cut a million dollars. Well, every attitude after that was everybody
that the Commission had asked me to cut a million dollars but cutting personnel, but cutting
equipment and that is absolutely the furthest thing from the truth. I have never had one
Commissioner ever ask me to cut personnel out of the street. And that’s very important. I
understand the misunderstanding on the million dollars. But it had absolutely no impact on us
serving this community. And I think that’s important to get out. I was totally unaware of this
agenda item. I thought I was going to be talking about the building. But I can also talk about
this agenda item with no problem. And I know everybody is talking about the recent homicides
we had out in the county, gang related not associated in any way. Now us having a homicide or
having gang related problems is nothing new. And everybody knows that. We have had
problems with gang activity for some time in Richmond County. But nobody knows what a
gang is, they really don’t. When they think of gangs they see it on television. They see the
Bloods, the see the Crips, they see MS13, the most violent gangs in the country. They’re in LA,
Houston, Atlanta. We are not plagued with that. We’re very fortunate. And it scares me to
think even one of those national gangs would come into our community. So please understand
when I’m talking gangs I’m talking a bunch of thugs that live out there that want to be gang
members. And they can create a little group and call themselves a gang. But please understand
the difference in what we’re faced with and what some of these larger cities are faced with. Now
the last two we had course all of a sudden, you know the sky’s falling, the sky’s falling. We’ve
had two homicides. These are a dime a dozen with us. We have them all the time. We answer
22,000 calls a month, not a year a month. That’s what we’re answering now. And a lot of them
are violent. Ya’ll remember a year and a half ago where we had the sixteen-month undercover
operation with the Tattoo Parlor, Augusta Ink out on Tobacco Road. This operation was very
successful in taking gangs and gang activity out of our community. Does this train come by
everyday?
Mr. Mayor: Hmm-mm. Only when we ask you to come speak.
24
Mr. Strength: Four or five times a day. But it crippled the organized gangs. Now there
are a lot of gangs. They’re not funded they’re not organized, they’re running around out there
seeing if they can borrow their mother’s car to go a gang meeting that night. We don’t consider
that group gangs. But the ones that we targeted in this operation we crippled their organization.
Now do they come back after this year and a half? Absolutely and we are now seeing that again.
We are seeing some of them trying to get back together, group up again, the ones that are not in
the penitentiary. And a lot of them went to the penitentiary. And that’s where they ought to be.
I know people think I’m pretty hardnosed but if they’re in the penitentiary or in our jail down
there they’re not out there doing criminal acts against our citizens. Now I’d stack them high and
I’d have them in that jail that they couldn’t move. But I’m under guidelines also on certain
things by law that I have to do. But we’re doing everything we can to get back involved with
this gang activity. It’s not as easy as people think. People have absolutely no idea that not one
person up there or out here that understands what we have to do to start up an operation. It takes
a lot of time it takes a lot of manpower. Now when we’re doing these operations it’s taking
away from investigators that normally work burglaries, armed robberies, aggravated assaults
because we don’t have the manpower to say all right let’s move a ten-man team in to do this.
Well when I do that I’m taking away from something else. And we have to make sure that we
are property protecting the community with what we have. Murders last year, we ran twenty-
eight homicides last year. We will run 25-30 homicides and a lot of them were our youth. I
know we get into, well what, how do we give them a place that they can go here and go there and
stay out of trouble. That is a good question but I don’t know if anybody knows the answer.
Commissioner Johnson made it very plain and I understood and applaud his thinking on you
can’t just open a place and say okay all the good kids go here. Well, there are good kids there
but there are the bad kids that are going to follow. You put a location out there they’re coming.
We are seeing more and more and more people now that we come in contact with that are
carrying weapons. Weapons are a dime a dozen out there now. I think we have now in our safes
and where we keep weapons we probably have 5,000 weapons. And that’s a lot of weapons that
have been taken off the street one way of the other. Now is anybody going to stop crime?
Absolutely not. That’s not going to happen but we’re getting to a point. And I understand
budget I have never in my nine years as Sheriff gone over my budget that you folks have
approved. I’ve always stayed within it and I’ve always worked with Commissioners up here on
doing that. I understand funding. We are going to get to a point we’re monitoring it daily where
we’ve got to say look we can’t handle the situation out here. We have got to have manpower.
And I know y’all are tired of me saying this. But in the year 2000 we had more uniformed
officers in the street answering calls than we have today. So ten years ago we had more officers
in the street than we have today. And there’s something wrong with that. And I understand on
this hand folks want services on this hand they don’t want to pay for it. But that’s going to have
to be addressed in the near future. We are on top. We arrested 19,000 people last year in our jail
and that’s taken a lot of people off the street. We answered 270,000 calls. We don’t have the
manpower to ride subdivisions and patrol in subdivisions like we used to. We’ll get a call we go
to that call. Then when he’s finished they’ve got three more waiting on him to go to those.
That’s part of it. And I understand every department in county government has a lot of work to
do. But we go out and we say goodness we want to get industry in here, we want to develop
downtown we want to develop South Augusta. We’ve not talked about how we’re going to
police it. I’ve not heard that. Nobody calls, says okay how many men are you going to need?
25
We want to do this. We’re going to have to one day address that. I don’t have the purse strings
or if I did I’d be getting most of the money I promise you that. Now I hope I answered the
questions on that. We are aware of it. We are not in a situation where we say my goodness
gracious what’s happening. We’ve been doing this same thing for years.
Mr. Mayor: Well, just before and I know someone wants you to address the facility that
you’re in as well but, Ronny, I will tell you I fully understand when we’re trying to bring in
businesses and everything. If we don’t have a safe town those businesses are not going to come.
I think I speak for just in having conversations with the Commission when you get to that point
where you say that this is what we need to do to make the city safer I don’t think you’re going to
have a problem with anybody up here. Because we understand and that was my whole thing
with saying I’m glad to have you here today. It wasn’t at all to call you in and say you need to
be doing this or doing that. You’re the Sheriff although some people want to ascribe that
responsibility to myself and people up here you’re the Sheriff. When you make that call I think
you can come to us and we will do whatever we can for you. Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. Not to argue with my colleague, Mr. Brigham,
but under this agenda item I think it’s a twofold question being asked. And that’s to discuss
Sheriff’s Strength’s Departments needs which can include office space, building and etcetera as
well as to discuss the concerns of the recent outbreaks of violence which he just did. So I’d like
to ask that we give him the opportunity for about two to three to five minutes and discuss and ask
Mr. Russell to respond to it.
Sheriff Strength: And one other thing, Mr. Mayor, thank you. There’s no doubt in my
mind because I have never gone before Commission with a need and not get it. And please and I
wasn’t being critical at all. They have always been there ---
Mr. Mayor: No, and I know. I’m glad that you took the time because it’s a much more
complex issue sometimes than a sound byte or just and so I know you know that and so it’s good
for our citizens to know this too.
Sheriff Strength: Thank you. On the condition of our building. And I will not discuss
past histories. There’s nobody here that does not know the condition of that building for the past
twenty plus years. We have, we have spent a lot of money trying to maintain that building. But
I want everybody to know there was no doubt in our mind that Commission was looking to get
us out of there. That has never been a problem with me. Most Commissioners up here at one
time or another have talked to me about that building. No what we have done and not just
recently I’m going to say over the past eighteen months I have worked diligently with Fred
Russell on this problem. We have looked at and I think Commissioner Grantham said five sites.
And I went through my head and it is six. I think I even told him five. We have looked at six
sites. The big problem downtown is finding an area with adequate parking. That is the big
problem downtown. On the side of being downtown I will discuss the building we’re probably
closer to now but downtown we are close to the Municipal Building and the court, which is very
important to us. We are response team if something major happens down here. But we don’t
have the luxury to say okay we want to go right there. We cannot find anything downtown. We
have two possible sites now but you know the problems that do come up with trying to find a
26
site. Commissioner Smith some time had talked back had talked to me about a building at
Southgate Plaza, which is the old furniture building. They are not there, that building is 50,000
square feet. Very ample. I can get by with forty, so fifty is a plus. Parking is absolutely
adequate. The problem, the only problem that I would see out there and we don’t have time to
sit around now I don’t think and look for more sites so I think we’ve got to make a decision.
Okay we’ll go there or you folks would rather me look at something else. We don’t have a major
problem out there. We definitely don’t have a major problem down here. The, probably utopia
here would be if we had property the city owned. Then you don’t have to spend $2.1 million that
we’re going to have spend to buy this building and put something up. Well the bad side of that is
I am told and I’m definitely not a contractor but I’m told if we start from scratch we’re talking
twenty-four months to put up a building. If we go to Southgate where the building is existing. It
is open in there, we’re probably talking I think the men told Fred now 12 months. We’ve got to
make a decision. Is it going to be more important for me to be in the downtown area, which I
don’t know where it would be. There’s a couple of sites we will look at in the next couple of
days that Fred and I talked about yesterday or make the move out there.
Mr. Mayor: Okay.
Mr. Lockett: Mr. Mayor?
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Sheriff Strength, I want you to know that Commissioner Smith and myself
we welcome you to South Augusta, to Southgate. We will do everything we can to expedite
your move.
Mr. Mayor: Thank you, Commissioner Lockett. Commissioner Bowles.
Mr. Bowles: Yes, and Sheriff on this end I’ll do everything to take politics out of the
decision on where you need to be.
Sheriff Strength: Thank you.
Mr. Mayor: Okay. Commissioner Grantham.
Mr. Grantham: Thank you, Mr. Mayor. Sheriff, in following up you have some presence
at Southgate now with a substation that’s really behind that facility.
Sheriff Strength: We do. We have a uniform. The South Precinct is housed there.
Mr. Grantham: Right and so looking at that you and I talked you know that presence is
important but it needs to be more visible. And possibly having the parking space out front there
that would allow you that visibility from that standpoint. Has the opportunity come up to look at
any large pieces of land that the city does own and Commissioner Brigham and I were talking
about this as early as this morning. Even the pension land, I know it’s on the river, I know we’ve
looked at doing things. We’ve spent a lot of money on trying to improve it but it’s a piece of
27
property there that yes we’d like to see revenue coming off of it. It’d be wonderful to have. But
we also need a place for our Sheriff’s Department and I wouldn’t want to discount that by any
means as well as other areas around the Judicial Center that would house your administrative and
the people that you need close to your courthouses and close to this facility and therefore
improving and increasing the size of your substation at Southgate would make a larger presence
in that area as well. So I think there’s some opportunities here that we have probably not gone
into. And I’ve talked to Mr. Russell about that as well.
Sheriff Strength: Well, yes, there was and I don’t know but if there was any way to move
that south precinct out front somewhere for a good visibility. Nobody passing by there sees
those units or those cars in the rear. They don’t see them. If they were out front and more so
than plain cars and we will be in would have much more of an impact. But in as much as us ever
even addressing that you know we have not.
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: Mr. Sheriff, a question. I think you mentioned you’ve got an extra 10,000
square feet in the building you’re going looking at.
Sheriff Strength: Yes, sir.
Mr. Hatney: They couldn’t fit there?
Sheriff Strength: No, sir. It’s the whole south precinct.
Mr. Hatney: Oh the whole south precinct.
Sheriff Strength: They are housed in an old theater ---
Mr. Hatney: Okay.
Sheriff Strength: --- in the rear. It’s rough back there but they we did look at that.
Mr. Hatney: Okay. Thank you.
Mr. Mayor:Okay, can I get a motion to
Okay. Do we have any further questions?
receive this as information?
Mr. Lockett: So moved.
Mr. Hatney: Second.
Mr. Mayor: We have a motion and a second. If there’s no further ---
Mr. Russell: Mr. Mayor.
28
Mr. Mayor: Mr. Russell, did you have anything to add?
Mr. Russell: I’ve learned a long time ago when something’s over with you ought to let it
lay but unfortunately in this case I don’t feel that we can do that. I mean we’ve got some major
decisions we have to make. And they are decisions that are driven by dollars, which we’ve over
the past several years have put together. As you recognize we had $3 million dollars in SPLOST
V. We knew that wasn’t enough. We needed some additional money as you’ve been gracious
enough to put another $6 million in there so we’ve got nine. That money’s been bonded. We’re
ready to move forward with it. We’re ready to make some decisions. We are looking at a piece
of property that’s probably the best kept secret in the world and you’ve put me in a somewhat
awkward position as I attempted in the next week to go negotiate a price ---
Mr. Mayor: Well ---
Mr. Russell: --- something that we’ve already talked about for six months. But that’s the
way it happens on occasion. But what we’re looking at now is trying to make a decision on
where the Sheriff’s office needs to be for the next twenty or so odd years. That we knew, that
driven by the media and the fact that the ceiling fell in which is a horrible thing. And it’s been
falling in for a right good while. And the building’s been in bad shape for a right good while.
We fixed that. We have other buildings that are in similar shape because we haven’t done a very
good job of preventive maintenance over the years because we’ve worked very tight with our tax
dollars and tried not to spend any additional money. The decision with the Sheriff’s building
several years ago was to make it last as we could make it last and not put additional dollars into
it. Because every dollar we put in there and the Sheriff and I have talked about this at some
length is a dollar we don’t get to spend on a new building. You know so we’ve got some big
decisions in front of us. Let’s not let them be driven by the immediacy of a roof collapsing or
something like that. You know that’s happened in this building on one or more occasion and it
happens in buildings everywhere. The Sheriff needs a building. We’ve gone through a process
to hopefully put him in a place that’s going to last for the next 20-25 years in a facility that’s
going to meet his needs for those 20-25 years. It’s not something we’ve done overnight, it’s not
something we’ve had the money to do until last month. So um, you know we’ve got to move
forward with that. You know I would look to the Sheriff making a recommendation on where he
wants to be and us putting him there or somewhere close to it in the near future. You know we
need to make that decision based on the facts not based on what you see on TV or read in the
newspaper. And Ronny and I, the Sheriff and I have worked probably more than either one of us
would like to admit on trying to figure out a place to put him that meets his needs, provides for
the security not only of this building and the new courthouse. Because as he said if something
goes wrong here we’ve got seven marshals or so downstairs as the next line of defense is the
thirty people he’s got working at the 401 Center. And they’re about six minutes away? Five
minutes away? Maybe. So as we look at the new Judicial Center we’ve got to put that into
consideration too. You know y’all don’t give us easy decisions to make and that’s why it’s
tough. But we need to make those decisions and move forward. And if you’d like I will bring
you at the next committee, Commission meeting a recommendation on what I would think would
be the best site. And I’ll be happy to do that.
29
Mr. Mayor: I will tell you I would be happy for you to do that but I agree. This is you
know, Mr. Sheriff I am going to because you are the Sheriff. You know what you need you
know where you need to be to be more efficient and effective for serving this community. So
when you make the call on the place you think you need to be I’m totally in support.
Commissioner Smith and then Commissioner Hatney.
Mr. Smith: I would just like to say concerning the one at Southgate. There’s a lot of
benefits to that. Mainly trying to help clean up that area. It’s gone down so much in the last
twenty years. And so much crime and we’ve gone to work out there recently. Commissioner,
Corey and myself in trying to get some of this stuff cleaned up and it’s been done. One thing is
the price. To purchase 52,000 square feet and four point something acres it would be less than
half to do anything downtown. And it would affect the presence of there in South Augusta so
much that you would see business opening back up in Southgate and around there that’s boarded
up now. And I really think that consideration ought to be made. And of course the time is not
now to do that but I just wanted you to think about that aspect of it. Thank you.
Mr. Mayor: Thank you. Commissioner Hatney.
Mr. Hatney: Thank you, Mr. Mayor. Mr. Russell, help me if I’m wrong. I was under the
impression that you were already authorized to do this.
Mr. Russell: What you authorized we had two sites that we narrowed it down to after
several sites we looked at. We’re in the process of doing an environmental study on one of those
sites to determine if that site would be suitable. That should be back within the next ten days or
so. So you’re right, we are moving in that direction. The question becomes at what point do we
actually pull the trigger.
Mr. Hatney: But you have been authorized already to do so.
Mr. Russell: No, sir, we still would have to go back and decide if the environmental
comes back or another site presents itself you’d have to make a decision on where we go. What
you basically did was tell me to go forward, bring back that package. We haven’t said yes yet to
either one but we’ve, told me to get it together for you. You’re right.
Mr. Hatney: I know I’m right.
Mr. Mayor: Mr. Mayor Pro Tem.
Mr. Mason: Thank you, Mr. Mayor. In the interest of time and considering the
seriousness of the situation I think we need to move forward and do come up with a
recommendation as quickly as possible. This is not something that we’ve been looking at for the
last two days. We’ve known this building has been inadequate for quite some time. And for a
number of years it’s been said on more than one occasion. So really at this point it’s time for
action and it’s time to move forward. So I’m looking for some sort of recommendation as
quickly as possible for us to go ahead and move forward with that as quickly as you can get that
so we can address the situation that the Sheriff has. Because there’s a lot going on, there’s a lot
30
that he needs to do and one of the things we can assist him with is going ahead and getting him
the necessary building to operate out of so he can deal with these streets out here so. How
quickly can we look for a recommendation?
Mr. Russell: I don’t want to speak for you, Sheriff, but I think we’d be prepared and our
timeframe was to get you something in two weeks and that’s pretty much where I still think I can
be, at the next full commission meeting.
Mr. Mayor: Okay. Does that work for you?
Mr. Mason: If that’s as quick as we can get it okay. All right so do we need to put that in
some sort of a form of a motion or is that just something that we count on or, what ---
Mr. Russell: I’d be afraid to promise anything ---
Mr. Mason: He said we didn’t so can we charge him now?
Mr. Mayor: Mr. Russell.
Mr. Russell: I’d be afraid to promise you anything sooner but if it becomes available I’d
be more than happy to share it with you as soon as we can. How’s that?
Mr. Mayor: Okay. Commissioner Hatney.
Mr. Hatney: I’d like this question of our Attorney. In view of the fact that we have some
time ago before Christmas, I know the Administrator’s working hard but I do have a concern that
we keep authorizing the same authorization. And if, from my perspective if the Administrator
and the Sheriff can get together and decide on a place that’s what we want. Don’t want nothing
else because you’ve already been authorized to do everything else. So it’s you know y’all get
together and get it done.
Mr. Mayor: And I think that’s what we’re looking for.
Mr. Hatney: That’s what we’re looking for.
Mr. Mayor: To bring forward at the next meeting.
Mr. Aitken: Mr. Mayor.
Mr. Mayor: Um, yes, sir. Matt.
Mr. Aitken: I wanted to know with the administrative offices being moved what’s going
to be done with the inmates? What’s the plan for that aspect of it?
Sheriff Strength: The jail part and the inmates will not be moved. Once we finish some
of the pods at Phinizy Road long term that facility will be closed down. All the inmates will be
31
house out on Phinizy Road. And but we would probably we gone before they’re all moved out
of there.
Mr. Aitken: Do we have a timeline on the inmate population being moved?
Sheriff Strength: Well, it’s very difficult to say exactly when. We were hoping to move
a large number by February of next year. But those two pods will not house as many as we have
down here. So however the construction goes, that dictates to me when I can move people.
Mr. Aitken: I think in all fairness we need to be looking at that process as well. If we
move one person or peoples out we need to look into and evaluate that as well. And I was
thinking as we move forward because they have certain rights as well.
Mr. Russell: If I can we’re in the process of ---
Mr. Mayor: Mr. Russell.
Mr. Russell: --- doing a medical pod and two security pods and now we’ve got another
pod in the channel that you’ve approved for the next SPLOST. So that gives us a total of how
many bids? Do you remember?
Sheriff Strength: I don’t remember the number but the first two will not. But absolutely
the third will house over 1400 people.
Mr. Russell: Right so and if we keep our numbers ---
Sheriff Strength: Counting medical.
Mr. Russell: --- if we keep our numbers at the, in part of what the Sheriff and I have
talked about as we keep those numbers at a more manageable level and those numbers are people
that need to be locked up, not people we’re mad at. There’s a big difference there. And that’s
something the public needs to know too as we manage the jail population the people that need to
be in jail, the Sheriff’s locked up. There are some questions about some of them that we’ve had
some discussion about for fines and stuff like that that aren’t a danger to society. If you’re mad
at somebody you don’t need to lock them up. If you’re mad at them or you’re afraid of them, if
you’re afraid of them you need to keep them locked up. But I think that’s the target number.
And as we go from the 1300 that we talked about to a manageable 1100 that will have an impact
on how fast we can move people too. So that’s all a very complex puzzle that we’re continuing
to work on.
Mr. Mayor: Okay, we have a motion and second to receive this as information. I just
want to say Sheriff once again thank you for taking your time to be here. And I know once again
we’re willing to work with you however we can. So thank you so much for all you do.
Commissioners will now vote by the usual sign.
Mr. Hatney out.
32
Motion carries 9-0.
Mr. Mayor: Okay, Madam Clerk, let’s go back to the next item that was pulled for
discussion, number six, I believe.
The Clerk:
ADMINISTRATIVE SERVICES
6. Motion to deny the 09-139 Henry Brigham Community Center – Ammar Construction
Bid Appeal. (Approved by Administrative Services Committee January 25, 2010)
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: I’ll address that one. There’s really two primary issues to be considered
with regard to this particular protest. One of the issues which I’m sure the protester will bring
forth evidence on is a technical legal dispute whether a particular form was filled out properly or
legally sufficiently. It’s been the recommendation from both the Procurement Department and
the Administrator as well as the Legal Department that that form was not filled out correctly and
I’m sure he can provide evidence. On that I can go into detail on why we believe the form was
not filled out correctly. And I’m sure you’ve seen the information and material. A secondary
issue and one in which I think is probably something you should really also consider is this is not
your typical bid protest in that some of the facts are a little bit different than your normal protest
process. And those facts are that the project has been rebid. And what that means, the reason
that was rebid is because none of the bidders were compliant. The protester that’s here today is
not the low bid of all the ones that were rejected because they were not compliant. So the
position that we would be presenting today is that he was compliant but that the other person
who was the low bidder was not compliant and that he should therefore be awarded the contract.
I will direct the Commission’s attention to our Procurement Code, which actually does allow for
the rebid of competitive bid situation. There were numerous bidders on this particular project
and if it’s in the best interest of the government to rebid the project to have competitive bids even
if he’s right on the technical legal argument and he was compliant the project has already been
rebid which we have the authority to do pursuant to our code.
Mr. Speaker: (inaudible)
Mr. MacKenzie: Has not been rebid but will be once the protest process has been
exhausted. And so that’s something I think you should consider as well in addition to the
information provided by the protester.
Mr. Mayor: Okay, if we could hear from you, sir. If you could state your name and
address for the record and keep it to five minutes please.
Mr. Speaker: I will try to keep it under five minutes, Mr. Mayor. I’m John Garcia, I’m
an attorney in Evans Georgia. I represent Tony Ammar and Ammar Construction on this bid
protest. If you will look at the screen the short factual base is the bid opening was on August
th
25 2009. On that date my client was deemed in full compliance and was the low bid of the
33
compliant bidders. Then on September 11, 2009 he received a letter from Ms. Sams indicating
that he was not compliant alleging that the subcontractor affidavit form had not been completed
properly. The subcontractor form deals when a general contractor has subcontractors each
subcontractor must execute the subcontractor’s affidavit. However in this case we had no
subcontractors. If you go to the bottom of this form it says if there are no subcontracting
opportunities please fill out the form, right N/A and sign, date and notarize. The top of the form
of course you have the N/A. About half way down you have the authorizing signature of Mr.
Ammar, you have the date below that and then you have the notary. We contend that it is that
we are compliant, we are low bidder therefore we are entitled as a matter of right to this bid.
There was no allegation of collusion or other impropriety that as such we deem, and we’ve been
appealing this process all along as such this Commission should award the contract to Mr.
Ammar.
Mr. Mayor: Okay do we have any questions? Okay can I get a motion on this?
Mr. Hatney: To do what?
Mr. Mayor: To either approve or deny.
Mr. Hatney: It says to deny so that’s my motion.
Mr. Mason: Second.
Mr. Mayor: Okay, we have a motion and second. If there’s no further discussion
Commissioners will now vote by the usual sign.
Mr. Jackson votes No.
Mr. Grantham out.
Motion carries 8-1.
Mr. Mayor: Okay, Madam Clerk, let’s further work our way through this agenda and go
with I believe it’s item number twelve was pulled?
The Clerk: Twelve, yes.
The Clerk:
FINANCE
12. Motion to deny the request from Ms. Linda L. Crawford for an adjustment of the 2008
taxes for the property located at 1711 Kentucky Avenue. (Approved by Finance Committee
January 25, 2010)
Mr. Brigham: Mr. Mayor, I think Ms. Crawford’s here and wants to address the
Commission.
Mr. Mayor: Okay. Yes, ma’am. Ms. Crawford.
34
Ms. Crawford: And if you could keep it to five minutes, please, ma’am.
Ms. Crawford: My name is Linda Crawford and I’m the daughter of Louise W. Leclaire
whose residence is 1711 Kentucky Avenue in Augusta. In November of ’07 my mother passed
away. Her residence is an old Army barracks that was built in the 1940’s during WWII. And
my sister and her three younger children lived with my mother there except for the time that I
took care of my mother at my home in her latter years. My brothers went out last year, the latter
part of November the first part of December to try to brace the house up because it had begun to
lean to the right. When they tried to brace up one corner at the back of the house the house
started to quickly falling down from the roof down, the walls bulged out. We had no choice but
to apply for a demo for it because it was a safety hazard to the community. There was no
insurance on the house on the property so you know if anybody came in that neighborhood
(inaudible) wanted to know what’s going on we were afraid that someone would get hurt on the
property. My mother was exempt from taxes in ’07 well in her part of her years because she
passed away at 83. I came down in ’08 and brought a copy of my mother’s death certificate. I
tried to pay what I could on the taxes. I sent small amounts as I could as I live on a fixed income
myself. And I’m the executrix of her will and am right now trying to have it probated so we can
hopefully the family can just get some money to rebuild my sister a small wood frame house just
for her three children because she’s a single mother. She’s right now having to stay in an
apartment complex, which is very expensive. She can’t pay. She lives on food stamps. So I
would like to ask again if the Commission would reconsider. There was no value to my mother’s
house in ’08 at all, ’07, ’06 I mean it has been falling down for a while. We didn’t realize how
bad it was until we tried to brace it up.
The Clerk: We have someone from the Tax Assessors office here.
Mr. Mayor: Okay, if we could hear from somebody from the, do you have a
representative from the Tax Assessors office? Yes, sir.
Mr. Speaker: Thank you, Mr. Mayor. Ms. Crawford came in and told us about the
condition of the house in 2009. She provided some pictures and we had a appraiser to go out to
field check the property and verify that is was in poor condition basically on it’s way to falling
down. We gave the taxpayer the benefit of the doubt removed the improvement from the
property for 2009. However there was an S-4 Homestead Exemption on the property for 2007.
So that’s why they’re on the 2008 tax bill. The S-4 Exemption took care of all the property
taxes. The only charge was for the solid waste and penalties and interests for 2008. However
her mother passed away in 2007 the homestead exemption should have been removed that year
and we were not aware of it. So if the homestead exemption was removed in ’07 the taxes for
’08 would have been $486.69 versus the $129.20 that we’re showing with the exemption. So
that’s why we suggested to deny the adjustment for the tax year 2008.
Mr. Brigham: Mr. Mayor, in light of the fact that ---
Mr. Mayor: Commissioner Brigham.
35
Mr. Brigham: --- the mother died in 2007 the homestead exemption went away I don’t
see where we’ve got much choice in this. And I would make a motion that we continue to deny
this property tax.
Mr. Johnson: Second.
Mr. Mayor: Okay. We have a motion and second and, ma’am, I’ll hear from you.
Actually you had your opportunity but I’ll, is it brief? You didn’t get up to your five minutes so.
Ms. Crawford: I’m sorry but I just wanted to make one statement. My mother passed
away in November of ‘07, which was close, the beginning of ’08.
Mr. Mayor: Okay, we have a motion and second. If there is no further discussion
Commissioners will now vote by the usual sign to deny.
Mr. Aitken and Mr. Smith vote No.
Mr. Jackson out.
Motion carries 7-2.
Mr. Mayor: Madam Clerk, next agenda item.
The Clerk:
FINANCE
13. Motion to approve establishing a policy for this budget year for denial of requests for
the purchase of tickets and send a letter advising the organizations of the city’s budget
constraints. However, this does not restrict commissioners from bringing forth requests.
(Approved by Finance Committee January 25, 2010)
Mr. Mayor: Commissioner Lockett, was this your pull?
Mr. Lockett: Yes, Mr. Mayor.
Mr. Mayor: Okay.
Mr. Lockett:
Thank you, Mr. Mayor. I serve on the Finance Committee when this was
presented. I supported it overwhelmingly. But since that time I’ve had several people that
questioned me concerning the last sentence about this does not restrict commissioners from bring
I would like to make a friendly motion that this sentence be
forth requests. So in fairness
deleted from the particular item.
Mr. Bowles: Second.
Mr. Mayor: Motion for approval with the last sentence deleted. Okay is there any
discussion? Commissioners will now vote by the usual sign.
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Motion carries 10-0.
Mr. Mayor: And, Commissioner Lockett, I think I’ve never heard somebody say I want
to make a friendly motion. So that’s a first for us. Kudos to you.
Mr. Hatney: That’s the only friendly one’s that’s been made.
Mr. Mayor: Reverend Hatney says that’s the first friendly one’s that’s been made. Okay.
The Clerk: Item twenty-two.
Mr. Mayor: Yes, ma’am.
The Clerk:
SUBCOMMITTEE
Allocations to Outside Agencies
22. Consider a list of proposed allocations (including deductions and increases) of 2010
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budgeted funding to outside agencies and authorize the Administrator to release 1/12 of
the budgeted funding to the agencies with the necessary adjustments to be made after
Commission action. (Referred from the Outside Agencies Funding Sub-Committee with no
recommendation in meeting January 25, 2010)
Mr. Mayor: Commissioner Grantham, did you want to?
Mr. Grantham: Yeah, I’ll be glad to Mr. Mayor. We the subcommittee was charged with
looking into the agency-funding request. And at the time that the request was made Mr. Russell
in his ability to budget, to balance the budget gave us a proposal of a straight cut across the board
of 15%. And then I indicated that I didn’t feel like the agency should be treated equally on those
bases and they ought to be treated as to their service as well as their ability to serve this
community in the way that they do. So what we asked for was to go back and review the
funding request as well as receive from those agencies audited statements that would justify their
expenditures and what was needed not only from this government for what they raised among
themselves. And in doing that we met to present this back a little over a week ago in the
executive subcommittee that discussed this. And at that time I proposed the cuts and the
increases that are outlined on this list to that subcommittee. And that time they said they wanted
to discuss it further, look into it and wanted to know how we arrived at those reasoning’s as well
as to establish future criteria’s as to the agencies in the way that they would be funded by this
government. And so we did that and Mr. Russell is looking into how to create the criteria that
would be given to these agencies for the coming years. So I’ll make the motion and we’ll have
further discussion based on the proposal as to the amount of dollars that Mr. Russell had
originally asked for just redistributed to the agencies that we have listed here.
Mr. Mayor: Okay, so you’re making that they changes in funding recommendations in
the form of a motion along with directing Mr. Russell to develop that criteria.
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Mr. Grantham: That is correct.
Mr. Mayor: Okay. We have a motion. Is there a second? Okay, Mr. Mayor Pro Tem
and then Commissioner Hatney.
Mr. Mason: Uh, yes sir. Thank you, Mr. Mayor. And um, I just to just kind of readdress
what we talked about in the subcommittee meeting unfortunately in the room that we were in I
don’t think there’s any minutes to that. But I think what we talked too was charging I don’t
know if it was Mr. Russell or it was Mr. Grantham or whom ever came up with these numbers to
bring forth the method in which, in which we came up with these numbers. And I think that was
something that we charged to be done now and so that we could look in the future to how we
would actually do this. And I would ask Mr. Russell or Mr. Grantham is that something that you
have to present today because that was part of the conversation last week.
Mr. Grantham: As far as presenting it, Mr. Mason ---
Mr. Mayor: Commissioner Grantham.
Mr. Grantham: --- the information that’s before you is the official request and the
proposed amount in the budget that Mr. Russell made with the 15% cut straight across the board.
The changes that you see to the right side that shows the differences after that proposed budget
cut of 15% was merely just realigning the dollars based on the recommendation that I made in
regards to each one being treated equally but not being treated equally but treated as though they
would judged and governed by the performance of the services that they make. And that’s what
we have there on the right hand side. There are about five or six people, agencies involved with
a figure of about $12,000 total that was redistributed.
Mr. Mason: And, Mr. Mayor, I understand what my colleague is saying there. But I
think what I’m saying is that and I can appreciate the fact that someone went back and made
some decisions. But I’m just unclear as to how the decisions were made and what criteria was
used to make those decisions. I think that’s important as we move forward because it may, it
may just be that these agencies either increased or decreased or remained the same depending on
the criteria that was used which I’m still unsure of right now. It’s possible that some agencies
may have actually needed some more than what they actually received or some agencies may
needed to have been cut less. So I guess my point is I’m still unclear as to the criteria that was
used to come up with this method. Can you, can anyone share any light on that because I think
we talked about numbers and there was any number of things talked about the number of people
served and I’m not sure how you measure that in terms of whether or not it had a greater impact
in one area versus another or for one entity versus another. So in the interest of fairness I’m just
trying to say let’s come up with a, some criteria that we can put out here so that agencies know
that this is what we’re going to be looking at to determine what type of dollars we’re going to
give you right now. It has the appearance of being subjective because I’m not sure how you can
up with the numbers that you came up with in order for it to be increased and or decreased. I
would ask Mr. Russell. Can you share any light on that?
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Mr. Mayor: And before we get to Fred on that. I think one thing that came out of the
subcommittee meeting was that we do have to have criteria in going forward to operate more
professionally as an organization so that we have a quantifiable you know way to say you get
this or you don’t get that. And I think what you’re saying is you don’t have the criteria to give it
the, to quantify why these investments were made.
Mr. Mason: And that’s exactly what I’m saying. I think what we did in the interim to
kind of help us satisfy where we, where actually people could still get paid. I think we released
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like 1/12 of whatever it was we decided upon and if there was to be any changes we could
recoup that later. But at some point we didn’t release that so people could continue to get paid.
But that did not relieve us of the responsibility of providing the criteria that was utilized in order
for us to move forward in a fair and equitable manner.
Mr. Mayor: Okay. Commissioner Hatney.
Mr. Hatney: Looking at the figures I’m seeing here I thought I heard someone say
according to the services that they render I’m a little nervous when I see any money being cut
from the Board of Health. I’m a little nervous when I see money being cut from one or two other
organizations. So I personally could receive this as information for further study. I can’t vote on
this today. I just can’t.
Mr. Mayor: Okay.
Mr. Hatney: I’ve got some problems with some of the stuff on the back.
Mr. Mayor: Okay Commissioner Grantham then Commissioner Bowles.
Mr. Grantham: Mr. Mayor, to answer Mayor Pro Tem Mason’s question. Is it on
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December the 15 when we made the recommendation to revisit this we asked all agencies at the
time to provide to us their financial statements, audited financial statements and all information
that they had pertinent to the operation as to the reason for their request for funds. And to what
we would be looking at as far as allocation goes. We received about seven, six or seven audited
financial statements from the various ones here that are involved. And those were the ones that
we looked as far as the utilization of their services to this community as to why they were raised
and those as to why they were reduced. And just as an example and I think the example came
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out in that December 15 meeting was that based on the two museums in question the Augusta
Richmond County Museum services a great number more people. That’s not to take anything
away from the Lucy Craft Laney Museum. But with the facility that Augusta Richmond County
Museum has and the amount of space and everything involved then the need is greater there from
the standpoint of paying for the heat, air conditioning as well as other artifacts and things that are
in that facility to protect them. And therefore I visited both museums during this time. I had a
long talk with Ms. Betts as well as Ms. Glaser about this. And so these are things that I feel like
was important to do and go visit these agencies to make sure that as to what we were doing was
done fairly and was requested to the point that I think that criteria should be used for the future.
And these agencies should be submitting to this government a good firm reasoning for their
request. And, yes, Dr. Hatney, the Board of Health and I know that did not need to be cut. That
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was not touched after the 15% cut was made by our Administrator. So some of the, the only
ones that were affected was about six or seven of them as far as an increase or decrease
concerned after he had recommended the 15% cut.
Mr. Mayor: Okay. Commissioner Bowles.
Mr. Bowles: Thank you, Mr. Mayor. My first concern is why is the West Augusta
Soccer League on this list. Why aren’t they under the Parks and Recreation Department is my
first question considering they’re taking care of one of our Parks and Recreation facilities and
they’re actually an organization that brings in people to the city in the tune of about 3,000 soccer
players for their annual tournament. So I think there’s a lot of questions. I know we had asked
for financial statements and information on each organization, which I have yet to see anything
other than the Augusta Library, sent me an email the other day with their information. Not the
library, I’m sorry the Augusta ---
Mr. Mayor: Museum.
Mr. Bowles:. So I would like to make a motion we go
--- Museum of History, yes
ahead and accept Mr. Russell’s initial 2010 budget and fund the first two months until we
as a body can get together and come up to make the changes at least the first two months.
Mr. Hatney: Second.
Mr. Mayor: Okay. We have a motion and a second. Mr. Russell.
Mr. Russell: If I can, Mr. Mayor. You know I understand exactly where you’re going
and I think we’ve got a good process that we use with our SPLOST as we require individual
agencies that we dealt with not only to provide a fairly extensive request for services but also to
show us exactly what they’re putting into, once again they have in the game that they’re playing
at that particular point in time. My only problem with doing that the way we are, the motion
reads at the moment in my mind we’re doing it after the fact. We’ve taken our traditional
approach by asking for and we’re getting audited books and stuff, which is something we hadn’t
gotten in the past. We’ve gotten those the past year. So I think we’re moving forward as that.
But as we redefine what we’re doing and reestablish the requirements for getting city money
which I think we should do and make sure. I think we need to do it in front of the fact instead of
after the fact. In this particular case once again we’re talking about .34% of our budget. But
we’re talking about dollars that are very, very necessary for these particular agencies. We’ve
established rules of good bad or indifferent. The cut that we made was fair, good bad or
indifferent because it was across the board. I think that it would be my suggestion that we go
forth this year with this particular cut and then do two things. Revisit in June as we plan to do
with the regular budget to see how our finances are going and hopefully we would be able to
reestablish some of this money and use the period between now and budget process that we
begin in late August early September to establish a procedure for them to apply for these dollars
with answering the questions that you want answered up front instead of trying to do it after the
fact. And I would believe that would be the most appropriate method to move in this area.
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Mr. Mayor: Would somebody like to make a substitute motion to go along with the
Administrator’s recommendation?
Mr. Hatney: I would.
Mr. Mayor: Okay, Commissioner Hatney.
Mr. Hatney: Mr. Mayor and Mr. Administrator, I’m concerned about, I concur with Mr.
Bowles’ recommendation simply because first of all we have not received all of the audits. What
are you using to measure the importance? And then secondly how do you take from the Land
Bank Authority all their money?
Mr. Russell: If I can that’s actually working fairly well now as we move forward with
that and they should be self sustaining based on the amount of property that we’re able to run
through them at this point. That’s why their gifting was taken away.
Mr. Hatney: Why they’re what?
Mr. Russell: The supplement was taken away.
Mr. Hatney: That’s a much better word.
Mr. Russell: Yeah, I’m sorry.
Mr. Hatney: I just got some problems with some of these things. I’m going to go along
with Mr. Bowles motion. I just think we should revisit this later.
Mr. Aitken: Mr. Mayor?
Mr. Mayor: Commissioner Aitken.
Mr. Aitken: I’m kind of a little disappointed in some of our organizations not really
getting their financial statements to us. I think it’s a privilege to do business with the city. I
think that’s the tone we need to set for everyone across the board in that way. Also I think we
really need to look at a formula that gets us away from these kinds of discussions. And I think
the faster we get that done to move this behind us the better.
Mr. Russell: We don’t release funds until we get the financial statements. That’s part of
the policy we adopted last year and we just as a correction to that to make sure that we’re
moving forward with that.
Mr. Aiken: Am I correct we got seven of those financials ---
Mr. Russell: I think what Mr. Grantham ---
Mr. Aitken: --- out of twenty-nine?
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Mr. Russell: --- was saying they are the ones that actually sent additional information
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after we stopped it on the 15 and decided to re-look at it. We’ve got a list put together with the
request and financials on everybody else who’s got money there basically.
Mr. Aitken: So at that time we asked for all twenty-nine to come in, correct?
Mr. Russell: We, no, sir. At that time we said that we were going to be re-looking at the
allocation of the funds. And if there was additional information they wanted to share with us it
would appropriate to do so.
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Mr. Aiken: At the December 15 is when we requested that information?
Mr. Russell: Yes sir, if they thought it was appropriate. I mean we didn’t send out
something saying we need some more stuff. We basically sent out that we’re going to review the
allocation. If you have information you want to add to that it would be appropriate.
Mr. Hatney: But you already have the annuals.
Mr. Russell: Yes, sir. Part of what you adopted last year in the budget was not to
allocate any funds until we had an audited statement of the previous year.
Mr. Mayor: Commissioner Lockett then Commissioner Brigham then Commissioner
Bowles.
Mr. Lockett: Mr. Mayor, I need a little clarification. The motion made by Mr. Bowles
that I seconded I thought was the same motion that was the same recommendation that came
from the Administrator. If not would somebody please let me know what the difference is?
Mr. Mayor: Okay, Mr. Bowles, do you want to?
Mr. Bowles: Basically Mr. Lockett my motion was that we get back together and work
out a formula for this year for these agencies and go ahead and instead of passing it on until the
next year like we usually do go ahead address it now. But as long as they meet the requirements
for funding they get the first two months of funding.
Mr. Lockett: Thank you. And, Mr. Mayor, in that case I withdraw my second.
Mr. Hatney: I seconded it anyway.
Mr. Mayor: Okay.
Mr. Hatney: I had already seconded it.
Mr. Mayor: Okay.
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Mr. Brigham: Mr. Mayor?
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: While we’re on this I think then if we’re going to do it this way we need to
separate the governmental agencies separate from the non-governmental agencies and not all
outside agencies. I think we’re giving money to the engineering battalion to maintain property
that we own. And that was money that was given them for that purpose. And I know we’re
reducing it and I know that they’re having their other funds cut. But I can say the same thing
about the Health Department. I think we really need to sit down with this list and we need to
make it into two different lists, one where we have contracts with other governmental agencies
that we’ve got to uphold. I know that’s the case with Garrett Park that’s on here. But you know
some Commissioner’s up here don’t know all this and they hadn’t been here as long and I
understand that. But I think the way we’ve got it presented to us right now we can’t make a
decent decision. And while we’re at it I think that maybe we really need to work on that criteria
of what we want as a group.
Mr. Mayor: Okay and let me just make a quick comment. I think we probably don’t
need to try to reinvent the wheel. I’m sure that there’s a, there’s, this sounds like a good topic
for the retreat where we could ask the Carl Vincent Institute of Government is there a standard
operating procedure or formula all ready in place that other governments use. Because I imagine
there probably is. And that might streamline the process so we’re not trying to reinvent the
wheel. Yes, sir.
Mr. Hatney: Call for the question, Mr. Mayor ---
Mr. Mayor: Okay.
Mr. Hatney: --- or we’ll be here all day.
Mr. Mayor: Okay.
Mr. Bowles: Mr. Mayor?
Mr. Hatney: The Administrator wants three months instead of two. Mr. Bowles? Can
you handle that?
Mr. Bowles: I like to amend my original motion to compromise somewhat what the
Administrator ---
Mr. Hatney: Amen.
Mr. Bowles: --- his funding.
Mr. Hatney: Amen.
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Mr. Mayor: Okay, and you’re okay with it? Okay, if there’s no further discussion, golly,
that dreary weather outside must be slowing us all down. Commissioners will now vote by the
usual sign.
Mr. Grantham votes No.
Motion carries 9-1.
Mr. Mayor: Okay we’ve got, Commissioner Johnson says these next two should’ve been
consented. I don’t disagree with him but let’s call them.
Addendum Item 2. Approve GEFA loan in the amount of $8,105,000. (Requested by the
Utilities Department – see attached e-mail regarding the need for approval today)
Addendum Item 3. Approve Resolution of Condolences to the family and friends of Judge
John H. Ruffin, Jr.]
The Clerk: Item, well do you want to offer consent for two and four?
Mr. Hatney: Which ones?
Mr. Mayor: Two and three on the additions to the agenda.
Mr. Bowles: So moved.
Mr. Johnson: Second.
Mr. Mayor: We have a motion and a second to approve two and three ---
Mr. Lockett: Mr. Mayor?
Mr. Mayor: --- on the additions of the agenda. Commissioner Lockett.
Mr. Lockett: A point of personal privilege if I’m in order. I would like to make three a
part of the record. Could that be added into the record?
The Clerk: He’s read it over the minutes.
Mr. Mayor: Okay. We have a motion and second. Commissioners will now vote by the
usual sign.
Motion carries 10-0.
Mr. Mayor: And, Mr. MacKenzie, do we have need for a brief?
Mr. MacKenzie: I’ll say it this way. We definitely do for a brief meeting. We have
some outside counsel here today that we’re paying money for to tell us some good news about
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some cases. But I can say it can be relatively brief for the purpose of real estate and pending and
potential litigation ---
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
ADDENDUM
25. Motion to approve going into a Legal Meeting.
Mr. Hatney: So moved.
Mr. MacKenzie: --- and one personnel matter.
Mr. Mayor: Can I get a motion to go into a Legal meeting ---
Mr. Johnson: Second.
Mr. Mayor: --- for those, to cover those topics. There’s a motion and a second.
Commissioners will now vote by the usual sign.
Motion carries 10-0.
[LEGAL MEETING]
Mr. Mayor: Lena, you ready?
The Clerk: Yes, sir.
Mr. Mayor: Okay, I will go ahead and call the meeting back to order.
27. Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia’s Open Meeting Act.
Mr. Hatney: So moved.
Mr. Lockett: Second.
Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual
sign. And, Mr. Russell, did you have items that ---
Mr. Russell: (inaudible)
Mr. Johnson, Mr. Bowles and Mr. Grantham out.
Motion carries 7-0.
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Mr. Mayor: Okay, with no further business to come before the body we stand adjourned.
[MEETING ADJOURNED]
Lena Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
February 2, 2010.
______________________________
Clerk of Commission
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