HomeMy WebLinkAboutcOMMISSION MEETING - November 4, 2010
REGULAR MEETING COMMISSION CHAMBER
NOVEMBER 4, 2010
Augusta Richmond County Commission convened at 5:00 p.m., November 4, 2010, the
Hon. Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Lockett, Smith, Mason, Hatney, Aitken, Johnson, Jackson, Bowles and
Brigham, members of Augusta Richmond County Commission.
Absent: Hon. Grantham, member of Augusta Richmond County Commission.
The invocation was given by the Reverend D.J. Daly, Pastor SouthPoint Christian Center.
The Pledge of Allegiance to the Flag of the United States of America was recited.
PRESENTATIONS
A. Presentation from Columbia County Officials regarding the recent improvements to the
Savannah Rapids/Canal Project. (Requested by Commissioner Matt Aitken)
Mr. Mayor: Thank you so much, Fred. And I did a ride for the Shepard Blood Center
not to long ago and it is absolutely, we came down that way from Evans Town Center down the
Canal to Wrightsboro Road and the blood center over there. Absolutely beautiful. Ya’ll have
done a great job up there. Ya’ll have any? Commissioner Aitken.
Mr. Aitken: I just want to I just think this is what we need to do and to build these strong
relationships because each of these counties are going to complement one another. And this is
just a prime example and I think the Canal has so much potential and is the energy for that to
look at regionally as well as economically. So I’m just on board and excited about that kind of
work and relationship in the future. Thank you.
Mr. Mayor: Thank ya’ll so much for coming down. We very much appreciate it and
look forward to continuing to work with you.
Mr. Russell: Mr. Mayor, are you going to invite them to stay for the remainder of our
short meeting or?
Mr. Mayor: If ya’ll want to witness it you’re welcome to stay if you like but, and you’d
like. Madam Clerk, on to the presentations, I mean, excuse me, the recognitions.
PRESENTATIONS
B. Mr. Steve Little, Assistant Director, Augusta Utilities Department, September Employee
of the Month.
The Clerk: Mr. Mayor, Mr. Little according to Mr. Wiedmeier is out today. So we need
to delete that recognition from our agenda. Our next order of business is the election. Do you
want to go to that now?
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Mr. Mayor: Okay.
The Delegation: Okay, if you want to do the delegation, Ms. Crawford, and go back to
that I don’t know.
Mr. Mayor: Okay.
The Clerk: Do you want to do delegations?
The Clerk: That’s fine.
DELEGATIONS
D. Ms. Faye Crawford, Business Manager Jones Behavioral Health, Inc. RE: Introduction
of services.
Ms. Crawford: My name is Faye Crawford. I am the Business Manager of Jones
Behavioral Health and we’ve been in existence for thirteen years. We do substance abuse
treatment. We have been doing a contract for the State Board of Pardons and Parole for about
thirteen years doing all of the substance abuse treatments in Thompson, Waynesboro and
Augusta. We’re also the drug court providers for the Augusta Judicial System. Drug Court
Program is Judge Blanchard he is the judge and Rhonda Taylor she is our Program Director for
Drug Court. We also do some specialized tracks such as substance abuse treatment, anger
management, parenting classes. We also do some adolescent programs, anger management for
adolescents. We also have a stay straight program for our adolescents. We are located at 112
and 114 Pleasant Home Road. The reason we have two locations is because we have a clinical
side and a side for accountability court. We’ve also been awarded the DUI program and that
should start in 2011. I’m excited about the things we’re doing for Augusta and I know a lot of
you didn’t know what we did so I asked that I could come tell you so that you can be aware of
what we’re trying to do for the community. We’ve also been trying to work with the Board of
Education if it’s possible to try to do some anger management because we feel the children do
need it for a lot of things that are going on. And we know there’s not a lot of funding. We’ve
even offered to do some things pro bono until there’s funding available. If you need to contact
us our phone number is on our brochures. We do have a website,
JonesBehavioralHealthInc.com. Another addition to our facility what we’re doing in addition to
the substance abuse and mental health is we’re going out to the different churches because we
feel that some people don’t realize what the purpose of tiding is. So we’re going out to the
churches doing presentations for them free of charge and all we’re charging is for the materials
just to show them how to get on a budget and get their finances in order. Anybody have any
questions for me?
Mr. Mayor: Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. Ms. Jones, I think this is a fantastic program that
ya’ll have. How is it funded exactly, is it?
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Ms. Jones: We are a for profit organization.
Mr. Johnson: Okay.
Ms. Jones: Drug Court we have funding, some participants in drug court pay for drug
court and we have little funding that we use for drug court. We are pursuing grants for drug
court so that we enhance that program. We would like to get juvenile drug court started. It’s
just, the funding is just not available at this time but we are working on that also.
Mr. Johnson: So it’s basically if you attend the program you pay ---
Ms. Jones: Right.
Mr. Johnson: --- pretty much out of your pocket.
Ms. Jones: We take most major insurance companies to include Medicaid. We are
Medicaid providers not for adults. For adults we take AmeriGroup and WellCare but we take all
major insurance companies. For probation we do substance abuse for all the probation officers.
They send me referrals and we have very reduced rates for probation. Also for probation for
people that don’t have a big substance abuse problem we have a one-day class that’s for ten
hours. We call it Substance Abuse Awareness Training that has been approved for us to do that.
Mr. Johnson: Okay.
Ms. Jones: It’s a one-day class. It’s held on a Saturday because some people work and
these people not supervised all the time they can get off probation and do what they need to do.
And I know it works because we’ve had some patients come back and even tell us even their
family members contact me and say it works.
Mr. Johnson: Okay, good deal.
Mr. Mayor: Thank you, ma’am. Commissioner Aitken.
Mr. Aitken: Mr. Mayor, who’s going to be doing the DUI’s? Is that going to be the same
court for Judge Blanchard?
Ms. Jones: It’s not Judge Blanchard um, (inaudible).
Mr. Aitken: Okay.
Mr. Mayor: Okay, any further questions? Okay, thank you, ma’am. Thank you so much
for coming in. Madam Clerk, I believe we, did we skip over the elections of officer?
The Clerk: Yes, sir, we’re back to Section C or our agenda.
The Clerk:
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ELECTION OF OFFICER(S)
C. Elect a second representative from the Augusta Commission to serve on the Regional
Transportation Roundtable in association with Senate Bill 520.
Mr. Mayor: Mr. Russell.
Mr. Russell: Mr. Mayor, members of the Commission. Senate Bill 520 outlines an
opportunity for an advisory committee to work in this particular region. In most places it’s the
Mayor or the Chief Executive of the County or any combination of the city people to elect one
person. Because we are a consolidated government it’s set up so that our Chief Executive the
Mayor serves and then Commission itself would elect the second representative to serve on this
group. So it would be appropriate for you to take a nomination and elect an individual to serve
on this group.
Mr. Mayor: Do we have any nominations?
Mr. Mason: Mr. Mayor.
Mr. Mayor: Mr. Mayor Pro Tem.
Mr. Mason: Thank you, Mr. Mayor, and to ensure that we have good representation in
terms of the entire city I’d like to nominate Commissioner Corey Johnson to serve as the second
officer for that position.
Mr. Mayor: Do we need a second for that?
Mr. Speaker: (inaudible).
Mr. Mayor: We have a nomination we have a second. Are there any further
nominations? Commissioner Smith.
Mr. Smith: I have a substitute motion for ---
Mr. Mayor: Well, it’s a, you can have another nomination.
Mr. Smith: Huh?
Mr. Mayor: These are nominations.
Mr. Smith: Oh.
The Clerk: You can go ahead and make your nomination.
Mr. Mayor: If you want to nominate another name you ---
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Mr. Smith: I thought I just did was nominate.
Mr. Mayor: Who did you nominate?
Mr. Smith: Mr. Brigham.
Mr. Mayor: Okay. Okay, we have two nominations. Are there any further nominations?
Mr. Speaker: I’ll second on that nomination.
Mr. Mayor: I don’t think we need a second on nominations. Okay, we will vote on the
two candidates in that order.
Mr. Lockett: Mr. Chairman, will we be able to have any discussion on this sort of vote?
Mr. Mayor: That’s perfectly fine. Commissioner Lockett.
Mr. Lockett: Since we are a consolidated government and we are allowed to have two
people, I think Mayor Pro Tem Mason was correct. We know we have two good people that are
interested in that position but I think for the benefit of the county that if we have representation
for not two people in the same part of the county. Have one representative downtown, West
Augusta and another South Augusta therefore I would support the recommendation that we have
you, Mr. Mayor, and we have Mayor Pro Tem Mason because he is South Augusta. And South
Augusta so often is left out. We want to make sure that it is not during this process.
Mr. Mayor: Okay, we have three nominations now. Do we have any further
nominations?
Mr. Lockett: Mr. Mayor, I’m sorry, correction. I don’t nominate Mayor Pro Tem, I
meant Corey Johnson.
Mr. Mayor: You’re endorsing the nomination of ---
Mr. Lockett: Mr. Corey Johnson. That’s what I meant, I’m sorry.
Mr. Mayor: Okay. Thank you, sir. If there’s no further discussion we have two
nominations. We will first vote on Commissioner Corey Johnson.
Mr. Aitken, Mr. Bowles, Mr. Jackson, Mr. Brigham and Mr. Smith vote No.
Motion fails 4-5.
Mr. Mayor: Dog gone it, Don, you stopped me from breaking a tie. Okay, we will now
vote on the second nominee Commissioner Jerry Brigham.
Mr. Johnson, Mr. Mason, Mr. Lockett and Mr. Hatney vote No.
Motion fails 5-4.
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Mr. Mayor: I think we need a third party candidate. Mr. Russell?
Mr. Russell: No, sir, I’m not, not while I’m ---
Mr. Mayor: I’m recognizing you.
Mr. Russell: Why don’t I suggest that we move this to the end of the agenda so during
the process we can caucus a little bit and move this to the end of the agenda, please.
Mr. Mayor: Can I get a motion to that effect? What’s that? Commissioner Hatney.
Mr. Hatney: Some things make sense. Some things just plain make sense. If we’ve
already got somebody representing downtown it makes sense to have somebody representing the
other part of the city. It just makes sense. It just makes sense.
Mr. Mayor: Okay.
Mr. Hatney: It just makes plain old good sense. You’re talking about teams but you
want everything in the same corner.
Mr. Mayor: Commissioner Bowles.
Mr. Bowles: Mr. Mayor, if I’m not correct you’re representing the entire city through a
city wide vote so to say you represent West Augusta I think it’s kind of an opinion not a fact.
Mr. Mayor: Okay, can I get a motion to readdress?
The Clerk: We can do it at the end. Reconsideration ---
Mr. Mayor: Okay.
Mr. Russell: That’s what I’m asking.
Mr. Mayor: Okay.
Mr. Lockett: Mr. Mayor?
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Are you sure you don’t want to ask Columbia County to leave?
Mr. Mayor: Ron’s already on the committee. All righty, let’s go on to the consent
agenda.
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The Clerk: Our consent agenda consists of items 1-25, items 1-25. There are no
Planning items and no alcohol petitions.
Mr. Mayor: We do have one Planning, don’t we?
The Clerk: Well, it’s the second reading ---
Mr. Mayor: Okay.
The Clerk: --- of a petition we read.
Mr. Mayor: Do we have any items to be added to the consent agenda? Commissioner
Brigham.
Mr. Brigham: Mr. Mayor, I think we can add number twenty-six to the consent. It’s just
a reallocation of how we’re going to spend the beer tax and I don’t think that that’s, as far as I’m
concerned we can waive the second reading.
Mr. Mayor: Okay. All righty, since there’s nothing else to add to the consent agenda, is
there any item to be pulled for discussion? Mr. Russell.
Mr. Russell: Yes, sir, Mr. Mayor, I’ve been made aware that there is a representative of
the Mamie Lee’s Southern Cooking that’s in the audience. And it would be appropriate to pull
that to give them their opportunity to be heard.
Mr. Mayor: That agenda item is number?
Mr. Russell: Number three, I’m sorry.
Mr. Mayor: Okay, do we have any further to be pulled for discussion? Commissioner
Jackson.
Mr. Jackson: Number five.
Mr. Mayor: Okay, any further items to be pulled for discussion? I know that we’ve got
a, an addition to the agenda. Do we have unanimous consent to add this addition? Madam
Clerk, if you could read that.
The Clerk: The addendum item is to consider a request from the Augusta Entertainment
Complex to temporarily rename a portion of the street around the complex for ceremonial
purposes only on November 15, 2010 as Lady Antebellum Way.
Mr. Mayor: Is everybody good with that? Can we go ahead and put that on the consent
as well? Okay. All righty Madam Clerk if there’s no further discussion I would look for a
motion to approve the consent agenda.
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Mr. Hatney: So moved.
Mr. Jackson: Second.
CONSENT AGENDA
PLANNING
1. ZA-R-198 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition to amend the Comprehensive Zoning Ordinance of
Augusta Richmond County by amending Section 28-B-10 (A) Off Premise Signs – St.
Sebastian Way from Walton Way to Reynolds Street, 500 feet from the right-of-way line.
(Approved by the Commission October 19, 2010 – second reading)
PUBLIC SERVICES
2. Motion to approve request from the Augusta Airport Commission of an agreement with
Vaisala Lightning Data Service, Inc. for the Augusta Regional Airport. (Approved by
Public Services Committee October 25, 2010)
ADMINISTRATIVE SERVICES
4. Motion to approve the City’s 2011 Action Plan and Proposed Budget for CDBG, ESG,
HOME and HOPWA funds and the Resolution authorizing the submission of the Action
Plan for year 2011. (Approved by Administrative Services Committee October 25, 2010)
6. Motion to approve an Ordinance to amend the Augusta Richmond County Charter and
Laws of Local Application, Section 1-30; to modify the term of Mayor Pro Tempore; to
have the term of Mayor Pro Tempore coincide with the terms of Commission Committee
Chairs and Commission Committee members; to repeal all Charter, Code Sections and
Ordinances and parts of Charter, Code Sections and Ordinances in conflict herewith; to
provide an effective date and for other purposes. (Approved by Commission October 19,
2010 – second reading)
PUBLIC SAFETY
7. Motion to approve contract for professional services between Augusta, Georgia and Dr.
Amber Polvere, consultant to perform veterinary services for the Augusta Animal Services
Department. (Approved by Public Safety Committee October 25, 2010)
8. Motion to accept a 2010 Victims of Crime Act (VOCA) Assistance Grant Award from
the Criminal Justice Coordinating Council for the period 10/1/10 – 9/30/11 with federal
funding in the amount of $35,261 and matching funding in the amount of $8,816 for a total
amount of $44,077. (Approved by Public Safety Committee October 25, 2010)
FINANCE
9. Motion to approve the abatement of 2010 property taxes for Augusta Boxing Club.
(Approved by Finance Committee October 25, 2010)
10. Motion to approve a request from the Garden City Rescue Mission for an abatement of
their property taxes for 2010 in the amount of $5,368.24. (Approved by Finance Committee
October 25, 2010)
11. Motion to approve ordinances for reallocation of Hotel/Motel tax and car rental fees.
(Approved by Commission October 19, 2010 – second reading)
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12. Motion to approve a request for a refund for Tax Year 2008 for G J & L, Inc. located at
2803 Wylds Road. (Approved by Finance Committee October 25, 2010)
13. Motion to approve a request for refund for Tax Years 2008 and 2009 in the name of
James A. Dresser, property located at 2344 Norton Dr. (Tax Map 97-4, Parcel 343.09)
(Approved by Finance Committee October 25, 2010)
14. Motion to approve a request for refund for Tax Years 2008 and 2009 in the name of
Jeff and Candy Padgett, property located at 2323 Harding Road. (Tax Map 109-2 Parcel
43) (Approved by Finance Committee October 25, 2010)
15. Motion to approve a request for refunds for Tax Years 2007 and 2008 in the name of
Pia Hagler for property located at 3515 Cornwall Road. (Tax Map 107, Parcel 150)
(Approved by Finance Committee October 25, 2010)
ENGINEERING SERVICES
16. Motion to approve for Augusta-Richmond County to purchase 913.5 stream mitigation
credits at a cost of $77,647.50 from the Bath Branch Augusta, LLC, mitigation bank to
mitigate additional stream impacts as determined necessary by the Georgia Environmental
Protection Division on the project to improve Alexander Drive from Washington Road to
Riverwatch Parkway, CPB #323-041110-29682315. Funds are available in the project
construction account, as requested by AED. (Approved by Engineering Services Committee
October 25, 2010)
17. Motion to approve Change Order No. 30 in the amount of $77,440.00 to the
Construction Contract for the Webster Detention Center (WDC) Expansion. The revised
contract amount will be $34,025,693.67. (Approved by Engineering Services Committee
October 25, 2010)
18. Motion to authorize and approve the re-appropriation of funds in the amount of
$100,000 from the Third Level Improvements Project (CPB 326-041110-288811014)
Change Number Two to the Augusta Levee Certification Project (CPB 324-041110-
209824001), Change Number Two and Supplemental Agreement Number Five for the
AED. (Approved by Engineering Services Committee October 25, 2010)
19. Motion to approve award of the contract for Moving Services for the New Augusta
Judicial Center to, Acme Moving and Storage of Augusta, GA in the amount of $268,375.00
in response to RFP 10-168. The project is to be funded from SPLOST allocations to the
Judicial Center. (Approved by Engineering Services Committee October 25, 2010)
20. Motion to approve award of a contract for replacement of the existing roof on the
Reynolds Street Deport to, Modern Roofing of Augusta, GA in the amount of $159,360.00
matching the low bid submitted by Skyline Construction under the conditions of the local
preference ordinance. The project is to be funded from SPLOST V allocations for
Recreation, Historic, Cultural and other Buildings. (Approved by Engineering Services
Committee October 25, 2010)
21. Motion to determine that a portion of Hillside Lane, as shown on the attached plat and
consisting of 0.15 acre (245.01 square feet), has ceased to be used by the public to the extent
that no substantial public purpose is served by it or is otherwise in the best interest of the
public, and a public hearing shall be held regarding the issue of abandonment pursuant to
O.C.G.A. §32-7-2. (Approved by Engineering Services Committee October 25, 2010)
22. Motion to approve the award of Owner Change Order #18 in the amount of $28,880.00
for owner changes requested for courtroom millwork modifications for the new ARC
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Judicial Center. Revised contract amount to date will be $47,729,148.00. (Approved by
Engineering Services Committee October 25, 2010)
23. Motion to approve and accept stormwater detention pond located at the Meadow at
Hillcreek Subdivision into ‘Augusta Georgia (ARC) Pond System’ to provide community
wide Stormwater Management as requested by AED. (Approved by Engineering Services
Committee October 25, 2010)
24. Motion to approve a component to the existing Purchase Order (p179109) for purchase
and installation of Structural Steel and Sitework for the Augusta TEE Center with R.W.
Allen, LLC. In the amount of $3,199,543.00 for a revised cost total of $7,842,682.00.
(Approved by Engineering Services Committee October 25, 2010)
PETITIONS AND COMMUNICATIONS
25. Motion to approve the minutes of the regular meeting of the Commission held October
19, 2010, and Special Called (legal) meeting held October 25, 2010.
ADDENDUM
27. Consider a request from the Augusta Entertainment Complex to temporarily rename a
portion of the street around the complex for ceremonial purposes only on November 15,
2010 as Lady Antebellum Way. (Requested by Commissioner Aitken)
Mr. Mayor: We have a motion and second. Commissioners will now vote by the usual
sign of voting.
Motion carries 8-0. [Items 1-2, 4, 6-25, 26, addendum item 1]
Mr. Mayor: All righty, Madam Clerk, let’s go ahead and address the pulled items in the
order that they were pulled.
The Clerk:
PUBLIC SERVICES
3. Motion to approve the revocation of the Business Tax Certificate for Mrs. Teresa
Cummings, d/b/a: Mamie Lee’s Southern Cooking, 2746 Tobacco Road, for failure to
comply with the ‘dance hall’ ordinance as recommended by the Sheriff’s Office. (Approved
by Public Services Committee October 25, 2010)
Mr. Mayor: Mr. Sherman.
Mr. Sherman: Commissioners, Mayor, this is just as Ms. Bonner read it. This was
presented to you at the committee meeting. The Sheriff’s Department went to the location on
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Tobacco Road. I think it was October the 4. It’s a Monday it was 1:30 in the morning. The
business has a license to operate as a restaurant to serve beer and wine. Operating as a restaurant
they can’t be open 24-hours a day. The sale of food is the dominant use. They do not have a
dance hall license. The Sheriff’s Department had some complaints, they went to the location and
found that they were charging admission and they had a designated dance floor and they were in
violation of the dance hall ordinance. We received a letter from the Sheriff’s Department asking
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to put it on the agenda to consider action against their license. They are not in violation of the
alcohol ordinance. We put it in as a violation of the business license. That’s technically where it
falls. And so that’s what you have before you.
Mr. Mayor: Okay, thank you, sir and I know that we have somebody that wanted to
speak for the petitioner I believe? If you could state your name and address for the record and
we will, and keep to five minutes, please, sir.
Mr. Batson: Yes, my name is Jack Batson and I represent the Lee’s Southern Cooking.
And the reason I’m here is originally I think it went to the subcommittee as a total revocation of
their business license of the recommendation from the Sheriff. I would like to ask that we get a
chance to go back to that subcommittee. And it’s my understanding that the Sheriff’s
recommendation now is just to revoke the beer and wine license, which to me still seems
excessive because the punishment should fit the crime. They didn’t pay the $150.00 dance hall
fee. The original time that she had it and applied for the license she went through it with
somebody down at the office and that box wasn’t checked. The next time they sent out the forms
she paid $2,700.00 thinking everything’s paid. So what we’re talking about is not paying
$150.00 dance hall fee. So we would like to go back to the subcommittee with the chance to
present it with the recommendation from the Sheriff, which was to revoke just the beer and wine
license. They would prefer and I think it’s only fair that the fine that’s under the ordinance for
not having a dance hall license be the punishment. And that’s where I’m coming from. Further
when I got called about this thing I looked at your dance hall ordinance. If you all remember T.J.
Smiles, if you remember Martha Burke the part of that ordinance was found to be vague and only
broad, this particular ordinance and I’m giving you advice here that can save you a couple
hundred grand just like you spend out on X-Mart. This says a dance is “a location”. That is any
location where there is dancing. You have to pay the hundred and fifty bucks. That means my
house, my church, your church anywhere where there is anything that can be called dancing,
that’s vague and overly broad. You can’t have an ordinance like that. This ordinance is vague
and overly broad and unconstitutional. And when I heard about this and them having to maybe
forfeit the whole business, family business they been at for twenty years running a restaurant.
Three family members run it. I said come on government. That’s the kind of stuff that drives
government out. I mean business out, small business, small family business. How are you going
to make it if you can turn around and get whacked arbitrarily? So I would really like to go back
to the subcommittee and start over.
Mr. Mayor: Okay, is there ---
Mr. Batson: I think there’s a representative from the Sheriff’s Department that can
confirm what I’ve said about the recommendation below and then what it is now. Is that correct?
Am I correct?
Mr. Hyatt: The recommendation is for the alcohol license to be revoked.
Mr. Mayor: Okay.
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Mr. Batson: At the subcommittee it was a total revocation because of the technical way
the revocation occurs because of the dance hall thing.
Mr. Mayor: Okay. Commissioner Bowles.
Mr. Bowles: Thank you, Mr. Mayor. And I’m going to look towards our Mayor Pro
Tem to see what to do on this one. Mr. Batson, my concern isn’t dancing. My concern was a
murder that occurred at this location and a poor young man lost his entire life because of the
situation that was allowed to continue at this restaurant.
Mr. Batson: Okay and the murder occurred when?
Mr. Bowles: I believe it was four years ago.
Mr. Batson: Okay and ---
Mr. Bowles: But, sir, it’s under the same ownership. Nothing has changed and they’re
getting back into the old habits and that’s the concern we have. We have to look out for the
neighborhood and the people of that area.
Mr. Batson: (unintelligible).
Mr. Russell: Mr. Mayor, it’s probably not appropriate to have a dialog at the moment.
Mr. Mason: Mr. Mayor.
Mr. Mayor: Mr. Mayor Pro Tem.
Mr. Mason: Um, okay when you came a week ago, a couple weeks ago whatever it was I
don’t know whether there was confusion or whatever the case may be. But now you’re saying
it’s in terms of the alcohol license.
Mr. Batson: That is correct and um, (unintelligible) and I represented that when I was
here last week because that’s only part of what comes across the Sheriff’s desk is the alcohol
license so that’s the only thing that he is concerned with at this time.
Mr. Mason: Okay and that’s good. Mr. Mayor, Mr. Sherman then said it really did not
fall under alcohol because it was a dance situation that wasn’t happening the reason why we’re
looking at it from a business standpoint. Is that what I heard? Okay, so we’re talking two totally
different things here. So I’m looking at it from the business aspect. The Sheriff can look at it
from the alcohol or whatever it is he wants to look at but I’m looking at it from the business
aspect and what was required from a business aspect. We talked about this ad (unintelligible)
about just about a week ago in terms of what was going on out at this particular establishment
and Mr. Attorney you weren’t here but the record shows that there was some ignorance that was
pleaded in terms of what they thought was going on. And the record clearly shows when we
gave a second opportunity what was to happen at that particular location. And I’m very
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concerned I pass by there every day. I’m very concerned and constituents out in that district are
extremely concerned with some of the things that go on there as opposed to some of the things
that people said that would not happen and who would not be operating and so forth. Now that
was part of what came out of Ms. Cummings’ mouth not part of it that came out of anybody’s
mouth up here. Now I’m conflicted right here today because the bigger picture for us at this
Commission is to insure the safety of our community. Meaning if you have a license, a business
license and I was in no way shape of form satisfied with Ms. Cummings’ answer in terms of not
knowing what she has in terms of her license. If you don’t know what type of license you have
to operate a business then perhaps just perhaps you shouldn’t be operating that business. There
are a number of questions that she could not answer on her own. So I’m wondering who is
running the business if it’s not Ms. Cummings.
Mr. Batson: All right, I think it’s a family owned operation. When they came in here the
first time they said it was going to be a family operation.
Mr. Mason: Wrong. The record does not reflect that. In fact what it does reflect was
Mrs. Cummings statement that it’s not a family operation. She is the owner and she will be
running it. And not only that out of her own mouth she came out to say that Mr. Cummings
would not be a part of that. That’s what she said not what we said.
Mr. Batson: Well, he works there, no question about it. There have not been any calls or
complaints about violence at that place. The three calls that have come from that place have
been from Mr. Cummings to the Sheriff’s Department because people from across the street
came to his parking lot and he was trying to get them out. There have not been any other
evidence of has the Sheriff’s Department been out there for violence at his place.
Mr. Mayor: Please, sir.
Mr. Hyatt: That’s correct. The Sheriff’s Office was called out there twice in the month
of August Friday and Saturday night the first call Friday night 1:30 in the morning where a
deputy was sent out there in reference to a large disturbance. It states in the report a number of
individuals at the business had grown to such a number that no more people were allowed into
the club creating a hostile environment that the manager at Mamie Lee’s decided to close the
business early due to the fights and the violence that was breaking out. That was Friday night.
Saturday night Sunday morning at 1:40 in the morning deputies was dispatched there. It appears
that Mr. Cummings actually called and numerous individuals were observed running across the
road creating a hazardous condition from his club. And Mr. Cummings notified the Sheriff’s
Office that he wished to shut the club down and wanted our assistance to help him get the people
out of the building and get them out of the area. That took four patrol vehicles that night to go
out there to clear it.
Mr. Mayor: Okay, thank you, sir.
Mr. Batson: That reflects that they are trying to run it right and to use the ruse of the fact
that the dance hall money wasn’t paid to try to get to the point of saying let’s shut them down
because they aren’t doing it right then let’s go ahead and do the fight right. Let’s call it what it
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is. You’re trying to shut them down because you say they aren’t running a safe place. Let’s
address it. Do it square up but don’t use the back door and say they don’t have their dance fee
paid. There are clubs right now downtown that don’t have their dance fee paid and are doing the
same thing.
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Mr. Mayor, can we get the deputy back up for a second? I need to ask ---
Mr. Mayor: Yes, sir, please.
Mr. Brigham: --- a question or two. You’re saying the Sheriff wants to revocate the
alcohol license but yet you have never told us there was a complaint with the alcohol license.
And I don’t believe that we, if we do that I believe Mr. Batson to be up here suing us because we
revocated the alcohol license without a reason. So I don’t think that that and I’m not a lawyer,
we got one ---
Mr. Mayor: Well, I was going to say we might be getting into Pending and Potential
Litigation here concerning ---
Mr. Brigham: --- but I think that, I think the Sheriff’s recommendation in a letter was to
revocate the license. I don’t think it specified an alcohol license. Am I right or wrong?
Mr. Hyatt: That’s right it was sent over here in reference to some action being taken on
the license. And then at ya’ll’s request what action did the Sheriff want.
Mr. Brigham: And that was the revocation.
Mr. Hyatt: Revocation of the alcohol license.
Mr. Brigham: Right and you didn’t bring us any complaints about an alcohol license so
the only license that was involved is the business license.
Mr. Mason: Right and that’s the point
Mr. Brigham: And I think that was the motion and I think that given that um, I think we
made the right decision based on the recommendation. That was also not necessarily the
recommendation of the licensing department but it was a similar recommendation of a license
department. I think the licensing department recommended that we suspend the license. Wasn’t
it, Mr. Sherman?
Mr. Sherman: (inaudible) denied. I wasn’t able to get in touch with Tony or Richard and
put in the agenda item recommendation to suspend the license for thirty days. And that’s where
that came from. I did say that once I heard what the Sheriff’s Department recommendation was
on that day that I agreed with their recommendation.
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Mr. Brigham: I think we got to where we got to plain and proper and I think there’s no
reason the committee’s motion should not be upheld at this time and I’ll either second or make
that motion unless Mr. Mason ---
Mr. Mayor: I believe you would be making that motion.
Mr. Batson: Your honor?
Mr. Brigham: I will make a motion that we uphold the committee’s previous ---
Mr. Batson: May I make one last plea?
Mr. Mayor: Hang one second. Do we have a second on that motion?
Mr. Mason: Second.
Mr. Mayor: Okay, we have a motion and second. Commissioner Johnson, I know you
wanted to speak and Commissioner Smith, did you? Commissioner Johnson first.
Mr. Johnson:
Thank you, Mr. Mayor. I think what we probably need to do is what Fred
recommended just to get some clarity in this thing is to probably get it back to committee to
make sure that the right decision is being made. Obviously there’s some un-clarity here and I
think Mr. Mayor Pro Tem made that suggestion earlier just to make sure that the right decision.
Of course get with Andrew and make sure the right decision is being made so we can be clear on
exactly what it is we’re talking about here. Because one minute you say the business license and
the next minute you say the alcohol license and now it’s not a violation on the alcohol so Jerry’s
absolutely right we need to be clear on what it is we’re voting on. So it would probably be
So I’d like to make a substitute motion to send it back to
appropriate to just send this back.
committee and then let them work it out to make sure that the right decision is brought
before the Commission.
Mr. Mayor: Do we have a second on the substitute motion?
Mr. Lockett: I second that substitute motion.
Mr. Mayor: Okay. Commissioner Lockett, did you still want to speak to this issue?
Mr. Lockett: No, I believe Commissioner Johnson pretty much said what I wanted to
say.
Mr. Mayor: Okay. Okay, we have a substitute motion and a second. Commissioner
Smith.
Mr. Smith: Thank you, Mr. Mayor. Mr. Mayor, I made this motion at our last meeting
and I understood that the Sheriff said and that was the motion that I was making what his
recommendation was a revocation of the business license. And that would certainly include
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every license else that they had. And that was the motion I made and got a second and voted on
it. I don’t know why we need to go back and do it again.
Mr. Mayor: Okay, thank you, Commissioner Smith. If there’s no further discussion ---
Mr. Mason: I ---
Mr. Mayor: --- um, Mr. Mayor Pro Tem.
Mr. Mason: Let me be very clear, okay? The safety of this community is above anything
else period in my mind. Now why am I making that statement? I cannot accept ignorance as
being a reason not to take some action. The facts of the matter are this. During that time frame
when there was dancing on that floor a life was taken. Clearly you do not have a dance license
so the perception that you give off or the arrogance that you give off when you dance anyway
and bring dancing back in you already know what just happened makes me sick.
Mr. Mayor: Okay. We have a substitute motion and a second. If there’s no further
discussion, Madam Clerk, could you repeat the substitute motion?
The Clerk: The substitute motion was to refer back to committee agenda item number
three for clarity.
Mr. Mayor: Okay, we have a substitute motion and a second. Commissioner Hatney.
Mr. Hatney: When you say clarity, clarity from whom.
Mr. Mason: I’m clear.
Mr. Hatney: All these folks involved, the Sheriff and Mr. Sherman, all everybody
because we’ve got two or three different thoughts coming in for the same location. And
somewhere along the line those folks who are making recommendations need to be on the same
page and right now they’re not. And I don’t think that it’s fair that these folks should have a split
situation like we’ve got now.
Mr. Mayor: Okay.
Mr. Hatney: You’re talking about going forward.
Mr. Mayor: Commissioner Lockett.
Mr. Hatney: Going forward on what?
Mr. Lockett: Uh, thank you, Mr. Chairman. I would hope that the clarification would
come from our General Counsel possibly talking to their legal representative to make sure
because we don’t need any more law suits. We want to do this thing right and I think a couple
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weeks delay to make sure we got it right is not really going to hurt anybody. Thank you, Mr.
Chairman.
Mr. Mayor: Okay, we have a substitute motion and a second. If there is no further
discussion Commissioners will now vote by the substitute sign of voting.
Mr. Batson: Before you do that may I say one ---
Mr. Mayor: Sir, I’ve actually called for the vote.
Mr. Batson: Well, that doesn’t mean you can ---
Mr. Mayor: Yes, sir, it ---
Mr. Aitken, Mr. Brigham and Mr. Smith vote No.
Motion carries 6-3.
Mr. Mayor: Thank you, ma’am. And next and I guess ---
The Clerk: We have one item left.
Mr. Mayor: Yes, actually two items if we want to elect somebody today.
Mr. Cross: Mr. Mayor, if I may ---
Mr. Mayor: Um, Mr. Commissioner.
Mr. Cross: --- make one statement.
Mr. Mayor: Okay.
Mr. Cross: I almost ended my political career here because I had forgotten how nice it is
to sit on the outside of these proceedings. Good luck to all of you.
Mr. Mayor: Thank you, thank you so much. Okay, Madam Clerk, next agenda item.
The Clerk:
ADMINISTRATIVE SERVICES
5. Motion to deny bid protest regarding item 10-142-RFp to Lease the Patch Golf Course.
(Approved by Administrative Services Committee October 25, 2010)
Mr. Mayor: Commissioner Jackson, this was your pull.
Mr. Jackson: Yeah, I just you know we owe it to the public because it’s the public’s golf
course to do what’s right and really look at this. I mean ASU doesn’t have the money, the Board
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of Education doesn’t have the money and we need to look at outsourcing the Patch. I mean it’s if
you have a gentleman that’s going to keep it here and at the same rate I mean it’s a win, win, win
and it takes it out of our budget. That’s just something you know we really need to look at.
When they’re cutting programs at ASU I mean how can other entities take on something like
this? And I just think it’s you know it’s sad over one little item because of a business license that
we you know we can’t go forward with this and now it’s going to be in the budget for next year.
Mr. Mayor: Okay, thank you, Mr. Jackson.
Mr. Russell: Mr. Mayor, if I can.
Mr. Mayor: Mr. Russell.
Mr. Russell: What we’ve done in the past is reject items that were not properly done.
This comes under that category. I don’t disagree it’s always been a shame when it’s a minute
issue but we can’t afford to change the path at this particular moment. If at the end of the day we
re-bid this they’d be more than happy to re-bid and hopefully it will be done in a way that they
would be able to qualify to do that. But I would recommend that you uphold the bid denial.
Mr. Mayor: Okay. Commissioner Brigham.
Mr. Brigham: I don’t agree with you, Mr. Russell. I’m going to make a motion we open
this for bid package.
Mr. Jackson: Second.
Mr. Mayor: Okay, Mr. Russell.
Mr. Russell: Once again let me assure with you that when you do this you’re walking on
a very slippery slope and you’re doing it over an item that in my mind is not worth the fight and
you’re creating a situation where we’re going to be in jeopardy not only for the ones in the future
but the ones in the past. And I would recommend very strongly that you uphold this bid protest
and deny the bid protest and move forward and go forward with that. You’re in my
recommendation is you’re making a big mistake.
Mr. Mayor: Okay. Do we have any further discussion or would somebody like to make
a substitute motion? Mr. Attorney.
Mr. Mackenzie: I’d also like to just clarify too Mr. Brigham’s motion. If you could read
it back into the record just so I can be clear.
The Clerk: To re-bid.
Mr. Mackenzie: To re-bid? Is that what your recommendation is?
Mr. Russell: The motion was to re-bid or to deny it?
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The Clerk: To open it up.
Mr. Brigham: I said to open it up.
Mr. Mayor: You need to re-bid?
Mr. Brigham: The business license is immaterial.
The Clerk: He said to open it up.
Mr. Brigham: Open the package up. It hasn’t been opened, how do we?
The Clerk: Okay, so you ---
Mr. Brigham: How do we know what’s even in there? We don’t know if we want to
accept or reject it. We can’t, if we can’t ---
Mr. Mayor: Okay. Mr. Attorney?
Mr. Mackenzie: Just to clarify. If the action you’re wanting to take would be to waive
the requirement to have an Augusta business license and award the RFP to the protestors. Is that
what you’re wanting to do?
Mr. Brigham: No, sir, I’m wanting to waive the requirement and open the package to see
what it is and decide whether or not I want to award it.
Mr. Hatney: That’s not on the agenda, sir. You can’t do that.
Mr. Brigham: The appeal is on the agenda and this is related to the appeal.
Mr. Hatney: No, it ain’t.
Mr. Mayor: Okay, is there anybody? Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. As I recall a few weeks ago this body allowed
the establishment of a committee to study how to save the Patch, keep it in local hands. That’s
something y’all talk about all the time. Let’s keep the money here. We gave them 60 days to
come up with how to save the Patch and keep it in local hands. Why can’t we why do we not
want to deny them the 60 days. The Administrator’s already stated that the operation for the
Patch will be in the general fund. However if they come up locally with a way to run the Patch
without taxpayer money they’re going to do it. If not we can go back and we can open the
package, we can re-bid it and there’s somebody that’s willing to come in here we open them with
welcome hands, with open hands. So please let’s give what we voted on a few weeks ago an
opportunity to pull themselves out. Thank you.
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Mr. Mayor: Would you like to make a substitute motion?
Mr. Lockett: That was my substitute motion.
Mr. Mayor: Your substitute motion was to deny ---
Mr. Lockett: Leave it alone and give them the 60 days that we promised them to see
if they can something out ---
Mr. Mayor: But I’m just ---
Mr. Lockett: -- and to deny ---
Mr. Mayor: Okay.
Mr. Lockett: --- and to deny the bid protest.
Mr. Mayor: And we have a substitute motion and second from the Mayor Pro Tem.
The Clerk: Second that Mr. ---
Mr. Mason: I did.
Mr. Mayor: Okay. Okay if there’s no further discussion Commissioners will now vote
by the substitute sign of voting.
Mr. Bowles, Mr. Jackson and Mr. Brigham vote No.
Motion carries 6-3.
Mr. Mayor: Mr. Russell, is there with regards to the election of the individual to serve on
the Regional Transportation ---
Mr. Brigham: Mr. Mayor, I move that we adjourn. That’s a non-debatable motion.
Maybe I’ve got to have a second.
Mr. Mason: What do you mean non-debatable?
Mr. Mayor: Okay, Mr. Russell, as I was saying ---
Mr. Brigham: Do I require a second, Mr. Attorney?
Mr. Mackenzie: No.
Mr. Mason: But you require a vote though.
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Mr. Mayor: So, Mr. Attorney, do we stand? Oh, okay, non-debatable motion. Okay,
let’s vote on the motion to adjourn by Mr. Brigham. Commissioners will now vote by the usual
sign of voting.
Mr. Johnson, Mr. Bowles, Mr. Mason, Mr. Lockett, Mr. Aitken and Mr. Hatney vote No.
Motion fails 6-3.
Mr. Mayor: And, Mr. Russell, is there any time crunch on this naming the person to the
Regional Transportation Roundtable?
th
Mr. Russell: Yes, sir, we have to have somebody named prior to the 14 I believe. The
thth
10 I apologize, the 10.
th
Mr. Mayor: Prior to the 10 of this month.
Mr. Russell: Yes, sir.
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: If I’m in order I would like to see if Mr. Jackson would accept that.
The Clerk: Well, we need a motion to reconsider.
Mr. Hatney: Motion to reconsider then.
Mr. Mayor: We have a motion to ---
Mr. Johnson: I second it.
Mr. Mayor: Okay, we have a motion and a second. Commissioners will now vote by the
usual sign of voting.
Mr. Brigham votes No.
Motion carries 8-1.
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: I’d like to nominate Mr., Commissioner Joe Jackson for that position,
please, if he’ll accept it.
Mr. Johnson: I’ll second that.
The Clerk: We don’t need a second.
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Mr. Mayor: I don’t believe we need a second. Okay, are there any more nominations?
Okay, if there are no more nominations Commissioners will now vote by the usual sign of
voting.
Mr. Bowles votes No.
Motion carries 8-1.
Mr. Hatney: Move for adjournment, Mr. Mayor.
Mr. Mayor: Actually, Mr. Attorney, if there’s no need for a Legal meeting.
Mr. Mackenzie: There’s no need for a Legal today.
Mr. Mayor: Okay, if there’s no further business to come before the body we stand
adjourned. It ain’t always pretty, people, but we get it done.
Mr. Smith: Mr. Mayor? Mr. Mayor.
[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
November 4, 2010.
______________________________
Clerk of Commission
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