HomeMy WebLinkAboutRegular Commission Meeting - May 17, 2011
REGULAR MEETING COMMISSION CHAMBER
MAY 17, 2011
Augusta Richmond County Commission convened at 5:00 p.m., May 17, 2011, the Hon.
Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Mason, Smith, Aitken, Johnson, Jackson, Bowles
and Brigham, members of Augusta Richmond County Commission.
Absent: Hon. Hatney, member of Augusta Richmond County Commission.
The invocation was given by the Reverend C.D. Roberts, Senior Pastor, Elim Baptist
Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: And, Reverend, if you could please come forward. We have a little
something for you. Thank you for that wonderful and brief invocation. Office of the Mayor. By
these present be it known that Reverend C.D. Roberts, Senior Pastor, Elim Baptist Church is
Chaplain of the Day. For his civic and spiritual guidance demonstrated throughout the
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community serves as an example for all of the faith community. Given under my hand this 17
Day of May 2011. Deke Copenhaver, Mayor. Thank you, sir.
(APPLAUSE)
Mr. Mayor: Madam Clerk, on to the recognitions.
The Clerk:
RECOGNITION
MACH ACADEMY, INC.
A. Acknowledging the Toys for Tots Campaign – Certificate of Appreciation presented in
gratitude to Augusta-Richmond County 2010 United States Marine Corps Reserve.
The Clerk: So we’d just like to acknowledge Augusta Richmond County receiving their
appreciation certificate.
Mr. Mayor: All right. Let’s have a round of applause for that.
(APPLAUSE)
The Clerk: And we’ll ask that that plaque be placed in the Human Resources
Department.
Mr. Mayor: Absolutely. All righty, on to the delegations.
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The Clerk:
DELEGATIONS
B. Ms. Amanda M. McDougald. RE: “Let’s Walk, Augusta!”
Ms. McDougald: I brought y’all some fliers if y’all want to look at them.
Mr. Mayor: Okay. And if you could keep it to five minutes, please, ma’am.
Ms. McDougald: I will try. I am here to tell you all about a non-profit that
Representative Wayne Howard has helped me start here in Augusta. And initially our focus was
to combat childhood obesity and it’s kind of grown into a lot more than that because you’ve got
to address this issue from both sides in order that have results. So the mission now is to improve
the overall health of the CSRA through healthy habits, through awareness, education and
support. I’ve spoken with a couple of you about this a little bit but the reason I wanted to tell
you all about it today is because we have an event coming up on Saturday that I really want
everybody in the CSRA to know that they are more than welcome and to be a part of. The walk
is to encourage movement and to get people to take this message back to their communities, get
people to sign up to lead walks and really raise awareness about our issue which is improving the
overall health of everybody in the CSRA. That includes nutrition, fitness, mental health,
physical health many effects to help our citizens. So I’m, that’s pretty much it. I mean I could
go on for a while but. If anybody has any questions I’ll be glad to answer them.
Mr. Mayor: Well, I just want to say thanks for what you’re doing. Obviously the health
is an issue for our community and the more outreach we can do but I know you’ve been working
so hard on this initiative so I just wanted to say thank you.
Ms. McDougald: Thank you.
Mr. Mayor: And we are streaming live on the internet so you can tell that camera that
everybody that wants to come out on Saturday, anybody who’s watching make it a point.
Ms. McDougald: Okay, well, then, I’ll tell you where it is and time and all that too. The
walk is going to be at Sibley Mill on the Canal from 9-11. It’s going to start right in front of
Sibley Mill and it’s going to be for a mile and it’s just to show people that you can walk for a
mile. It’ll have an impact on your health and you know it takes about ten, fifteen minutes to do
it. We’re going to have a small, the MCG Medical students are going to have kind of a health
fair where they’re going to tell people about BMI and blood pressure and if we’re lucky there
might be some diabetes tests if somebody wants one. Subway is also providing breakfast for the
first 60-people that show up. They’re promoting their new healthy breakfast so they’ll have that.
And then there will be a few other community organizations with booths. And if anybody still
wants to have a booth they’re $25.00.
Mr. Mayor: Thank you, ma’am. You’ve got to take that free advertising when you can
get it. But thank you. All righty, Madam Clerk, on to the consent agenda.
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The Clerk: Yes, sir. Our consent agenda consists of items 1-41, items 1-41. For the
benefit of any objectors to our Planning petitions, once those petitions are read if you would
please signify your objection by raising your hand. I call your attention to:
Item 1: Is a petition requesting a Special Exception to establish a Family Personal Care
Home at property at 2517 Drayton Drive.
Item 2: Is a petition requesting a Special Exception to establish a Family Personal Care
Home affecting property at 2055 Bassford Drive.
Item 3: Is a petition requesting a change of zoning from a Zone R-1A (One-family
Residential) to a Zone P-1 (Professional) affecting property known as 2819 Jordan Street.
Item 4: Is a petition with conditions modification of condition of a neighborhood
business zoning affecting property at 3629 Walton Way Extension.
Item 5: Is for a change of zoning from a Zone B-1 (Neighborhood Business) and a R-1C
(One-family Residential) to a Zone B-2 (General Business) affecting property known as 3315
Washington Road.
Item 7: Is for a Special Exception modification to the zoning ordinance.
The Clerk: Are there any objectors to any of those Planning petitions? There seem to be
no objectors, Mr. Mayor, on the Planning Petitions.
Mr. Mayor: Okay, thank you, ma’am. Do we have any items to be added to the consent
agenda?
Mr. Johnson: Mr. Mayor.
Mr. Mayor: Commissioner Johnson.
Mr. Johnson: Yes, if we can add item number 43 if we don’t have any objectors to that.
The Clerk: Mr. Sherman, is the petitioner in the chamber?
Mr. Sherman: Yes, ma’am, the petitioner, Mr. Raeisghasem, is here. Are there any
objectors to the alcohol license on ---
The Clerk: Let me read it. Forty-three is a request for a retail package Beer & Wine
license to be used in connection with Broad Street Mini Mart, LLC located at 936 Broad Street.
Are there any objectors?
Mr. Sherman: No objectors.
The Clerk: Okay.
Mr. Sherman: Mr. Raeisghasem is here and um ---
Mr. Raeisghasem: Mike Raeisghasem, 936 Broad.
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Mr. Sherman: The License Department and the Sheriff’s Department agree we reviewed
the application and recommend it be approved.
Mr. Mayor: Okay. Thank you.
PUBLIC SERVICES
44. Discussion: A request by Earl D. Kittles for a Dance Hall license to be used in
connection with Club 50-50 located at 1648 Gordon Hwy. There will be Dance. District 2.
Super District 9. (No recommendation from Public Services Committee May 9, 2011)
The Clerk: Mr. Mayor ---
Mr. Mayor: Yes, ma’am.
The Clerk: --- item #44, Mr. Kittles is asking that is application be withdrawn.
Mr. Mayor: Okay, everybody okay with item #44 being withdrawn? Okay. Do we have
any further additions to the consent agenda? Do we have any items to be pulled for discussion?
Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman, I’d like to pull agenda item 13 and 14.
Mr. Mayor: Okay, do we have any further items to be pulled for discussion. Hearing
none I’d look for a motion to approve the consent agenda.
Mr. Lockett: Move to approve.
Mr. Johnson: Second.
CONSENT AGENDA
PLANNING
1. Z-11-18 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by April Paulk, on behalf of Solomon G. Vernado,
requesting a Special Exception to establish a Family Personal Care Home per Section 26-1
(H) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting
property containing approximately .22 acres and is known as 2517 Drayton Drive. (Tax
Map 094-0-115-00-0) DISTRICT 4
2. Z-11-19 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Ellen Taylor requesting a Special Exception to
establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning
Ordinance for Augusta Richmond County affecting property containing .29 acres and is
known as 2055 Bassford Drive. (Tax Map 177-0-027-00-0) DISTRICT 4
3. Z-11-20 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Morrisal Hernandez requesting a change of zoning
From Zone R-1A (One-family Residential) to Zone P-1 (Professional) affecting property
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containing .30 acres and is known as 2819 Jordan Street. Tax Map 109-2-010-00-0)
DISTRICT 3
4. Z-11-21 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve with the following conditions 1) The existing condition regarding
the hours of operation is modified that the operating hours for the shopping center shall
not be limited except by municipal business codes then in force; 2) All provisions of the
existing conditions as set out in the previous zoning restriction agreement shall continue to
be maintained with the exception of hours of operation limitations; and the following
additional conditions shall also apply; 3) The property owner shall not allow construction
of any outside decks or structures which open in the direction of Conifer Place Subdivision;
4) The property owner shall include in its tenant lease agreements, and shall enforce if
necessary, reasonable noise limitations (as set out by municipal codes) upon any tenants; 5)
The property owner shall immediately re-erect and thereafter continuously maintain the
wooden privacy fence along the rear parking lot separating the shopping center parking
area from the buffer zone; a petition by Equity One Realty, on behalf of IRT Property Co.,
requesting a modification of the conditions placed on the 1991 B-1 (Neighborhood
Business) zoning affecting property containing 5.42 acres and is known as 3629 Walton
Way Extension. (Tax Map 023-0-261-00-0) DISTRICT 7
5. Z-11-32 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Michael Hooks, on behalf of Security Federal Bank,
requesting a change of zoning from Zone B-1 (Neighborhood Business) and Zone R-1C
(One-family Residential) to Zone B-2 (General Business) zoning affecting property
containing 1.94 acres and known as 3315 Washington Road. (Tax Map 010-0-002-00)
DISTRICT 7
6. ZA-R-202 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition to amend the Comprehensive Zoning Ordinance for
Augusta Richmond County by amending Section 27-7(e) to modify proper foundation and
skirting for manufactured homes on individual lots.
7. ZA-R-206 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition to amend the Comprehensive Zoning Ordinance for
Augusta, Georgia by adding language to Section 26 (Special Exception) thereby adding
limited child care activities as incidental uses in church buildings as permitted uses under
26-1(A).
8. ZA-R-207 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition to amend the Comprehensive Zoning Ordinance for
Augusta, Georgia by adding a new Section 25-E (Special District Classifications-Overlay
Districts) to provide for the designation of overlay districts for which additional protection
and/or guidance through regulations and/or incentives are applied in addition to the base
zoning regulations.
PUBLIC SERVICES
9. Motion to approve the contract agreement with Sommars Construction t perform the
tasks associated with the Terminal Building Renovations – Administration Area
Improvements as requested by the Augusta Aviation Commission. This contract has been
reviewed and approved by airport legal counsel. (Approved by Public Services Committee
May 9, 2011)
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ADMINISTRATIVE SERVICES
10. Motion to approve Wells Fargo Insurance Agency as the Benefits and Wellness
Consultant. (Approved by Administrative Services Committee May 9, 2011)
11. Motion to approve an Ordinance for the demolition of certain unsafe and
uninhabitable structures in the Sand Hills Neighborhood: 2541 Wheeler Road, (District 1,
Super District 9); Harrisburg Neighborhood: 2030 Battle Row, 1839 Hicks Street, 1851
Hicks Street, (District 1, Super District 9); Central Business District Neighborhood: 540
Watkins Street, (District 1, Super District 9); Old Town Neighborhood: 526 Second Street,
204 Reynolds Street, (District 1, Super District 9); South Augusta Neighborhood: 2579
Dover Street, (District 6, Super District 10); South Richmond County Neighborhood: 4321
Creekview Drive, (District 4, Super District 0); Turpin Hill Neighborhood: 1030 Prep
nd
Street, (District 2, Super District 9); and waive 2 reading. (Approved by Administrative
Services Committee May 9, 2011)
12. Motion to approve submitting the Public Notice for hiring the 911 Center Director, Mr.
Dominick Nutter. (Approved by Administrative Services Committee May 9, 2011)
15. Motion to accept/approve a Resolution supporting Powell’s Pointe, L.P.’s application
for Tax Credits for Powell’s Pointe Townhomes to be located in Augusta, Georgia.
(Approved by Administrative Services Committee May 9, 2011)
PUBLIC SAFETY
16. Motion to approve funding in the amount of $14,786.00 to continue participating in the
Georgia Statewide Explosive Detector Canine Project with the Georgia Emergency
Management Agency/Homeland Security. (Approved by Public Safety Committee May 9,
2011)
17. Motion to approve Standard Mutual Aid Agreement with Savannah River Site Fire
Department of the Department of Energy’s Savannah River Site (DOE-SRS). (Approved
by Public Safety Committee May 9, 2011)
FINANCE
18. Motion to approve request from Utilities Department – Construction & Maintenance
Division to replace one dump truck. (Approved by Finance Committee May 9, 2011)
19. Motion to approve request for refund for prior year 2009 taxes from Elaine N. Godbee,
DMD PC, 118 Pleasant Home Road, Augusta, Ga., Account #2102439. (Approved by
Finance Committee May 9, 2011)
20. Motion to approve refund request for prior year 2008 taxes for Huntington Apartment,
2900 Perimeter Pkwy., Augusta, Ga., Account #2101920. (Approved by Finance Committee
May 9, 2011)
21. Motion to approve refund request for Tax Year 2009 for Medco Development, LLC
Account #2107042. (Approved by Finance Committee May 9, 2011)
22. Motion to approve refund requests for prior tax years 2008 & 2009 for map/parcel
#051-0-024-00-0. Taxpayer: Barrow, O’Hugh. Property address: 1779 Powell Road.
(Approved by Finance Committee May 9, 2011)
23. Motion to approve refund request for 2007 for Blue Cross Blue Shield of SC, Account
#2100066. (Approved by Finance Committee May 9, 2011)
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24. Motion to approve refund request for 2008 for Regal Cinemas, Inc., Account #2074395.
(Approved by Finance Committee May 9, 2011)
25. Motion to approve refund request for 2008 and 2009 for Pacific Sunwear Stores Corp.,
Acct #2011705. (Approved by Finance Committee May 9, 2011)
26. Motion to approve refund request for 2008 for Blue Cross Blue Shield of SC, Account
#2100066. (Approved by Finance Committee May 9, 2011)
27. Motion to approve refund request for Tax Years 2007, 2008 & 2009 for the Children’s
Place, Acct. #2066626. (Approved by Finance Committee May 9, 2011)
28. Motion to approve tax refund prior years 2008 & 2009 for MI/P# 012-2-098-00-0.
Taxpayer Morello Aurielo. Property address: 2002 Bromley Court. (Approved by Finance
Committee May 9, 2011)
ENGINEERING SERVICES
29. Motion to approve amendment for correction to the Soil Erosion, Sedimentation and
Pollution Control Ordinance and adopt the corrected Ordinance. (Approved by
Commission May 3, 2011 – second reading.
30. Motion to approve Change Order to the Engineering Study of Sewer Improvements,
Rock Creek Basin contract in the amount of $135,724.00 to ZEL Engineering for
engineering services to complete the design of the Rock Creek Sanitary Sewer Siphon
Project. (Approved by Engineering Services Committee May 9, 2011)
31. Motion to approve and accept a Deed of Dedication and a Maintenance Agreement on
the gravity sanitary sewer main in The Brownstones at Rae’s Creek. (Approved by
Engineering Services Committee May 9, 2011)
32. Motion to authorize the notification of the selection results to prospective firms and
proceed with negotiations of a contract with the tip ranked firm, Westin Engineering Inc.,
for an Emergency Response Plan (RFQ #11-077). (Approved by Engineering Services
Committee May 9, 2011)
33. Motion to authorize the notification of the selection results to prospective firms and
proceed with negotiations of a contract with the top ranked firm, HDR Engineering Inc.,
for Leak Detection Study (RFQ #11-080). (Approved by Engineering Services Committee
May 9, 2011)
34. Motion to approve Capital Project Budget Change Number Three 324-041110-
210824002 and Supplemental Agreement Number One for the On-Call Construction
Services Agreement with LPA Group, Inc. in the amount of $98,498.60 to construction
management services on the Resurfacing Various Roads Urban & Suburban Phase II
Projects as requested by AED. Funding is available in SPLOST Phase IV Fund Balance
account. (Approved by Engineering Services Committee May 9, 2011)
35. Motion to approve the deeds of dedication, maintenance agreements and road
resolutions submitted by the Engineering and Augusta Utilities Departments for Richmond
Estates, Phase II. (Approved by Engineering Services Committee May 9, 2011)
36. Motion to approve Amendment #2 in the amount of $38,900 to the Thompson,
Ventulett, Stainback & Associates (TVS Design) Architectural Contract for the TEE
Center to add furniture, fixtures and equipment (FF&E) design. (Approved by
Engineering Services Committee May 9, 2011)
37. Motion to authorize the notification of the selection results to prospective firms and
proceed with negotiations of a contract with the top ranked firm, Dewberry & Davis Inc.,
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for a Watershed Assessment/Source Water Assessment Plan (RFQ #11-059). (Approved by
Engineering Services Committee May 9, 2011)
38. Motion to approve and accept the Deeds of Dedication and Maintenance Agreements
and Road Resolutions submitted by the Engineering and Augusta Utilities Departments for
Willhaven, Phase II, Section I. (Approved by Engineering Services Committee May 9,
2011)
PETITIONS AND COMMUNICATIONS
39. Motion to approve the minutes of the regular meeting of the Commission held May 3,
2011 and Special Called Legal Meeting held May 9, 2011.
APPOINTMENTS
40. Motion to approve the attacked list of reappointments to various ARC boards,
authorities and commission representing District 6: Clyde Lester, Tree Commission;
Lowell Dorn, Bush Field Commission; Wilfred Hunt, Library Board; James Kirk, Sr.,
Public Facilities; Scott Levine, Riverfront Development; Linda Finnegan, Animal Control
Board; J.W. Solum, Board of Zoning Appeals; William Welsh, Daniel Field Commission;
James T. Garren, Historic Preservation Board; Donnie Smith, Personnel Board; Jeanne J.
Corelyn, Planning Commission; Lisa Coleman, Citizens Small Business Advisory Board.
41. Motion to approve the appointment of Mr. Charlie Walker, Jr. to the Riverfront
Development Review Board and Tim Martin to the General Aviation Commission to fill the
unexpired term of Roy Reardon representing District 7.
PUBLIC SERVICES
43. New Application: A.N. 11-16: A request by Mike Raeisghasem for a retail package Beer
& Wine license to be used in connection with Broad St. Mini Mart, LLC located at 936
Broad St. District 1. Super District 9. (No recommendation from Public Services
Committee May 9, 2011)
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign of voting.
Mr. Hatney out.
Motion carries 9-0. [Items 1-12, 15-41, 43, 44]
Mr. Mayor: Okay, Madam Clerk, let’s go to the pulled items first.
The Clerk:
ADMINISTRATIVE SERVICES
13. Motion to approve an Ordinance to amend the Augusta, GA Code Title One Chapter
Seven Article Three Sections 1-7-34 and 1-7-35 relating to the Position Classification Plan;
to repeal all Code Sections and Ordinances and part of Code Sections and Ordinances in
conflict herewith; to provide an effective date and for other purposes. (Approved by
Commission May 3, 2011 – second reading)
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14. Motion to approve an Ordinance to amend the Georgia Municipal Employees Benefit
System (GMEBS) defined benefit pension plan to outline and adopt provisions of the plan
and its benefits during a “Reduction In Force”. (Approved by the Commission May 3, 2011
– second reading)
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. If you don’t have any problems with it as far as
I’m concerned we can do 13 and 14 together. I pulled these two agenda items because I wanted
to make a statement. I have concerns about the authority that we’re using to implement these
changes, which is the Personnel Policy and Procedures Manual which was approved by six votes
on March 1 of 2011. This was not ordinary business. Ordinary business are those things that
you do on a regular basis or usual activity. Restructuring this government is not ordinary. It’s
been here for fifteen years it hasn’t been restructured yet. Therefore according to House Bill 805
it would take 2/3 of the Commission Counsel to approve this which would be 2/3 of 11 7.33
rounded up to 8. Therefore I cannot support and will not support any agenda items that make
reference to the Personnel Policy and Procedures Manual. Thank you, Mr. Chairman.
Mr. Mayor: Okay, thank you, sir.
Mr. Brigham: Move we approve items 13 and 14.
Mr. Jackson: Second.
Mr. Mayor: We have a motion and a second. If there is no further discussion
Commissioners will now vote by the usual sign of voting.
Mr. Johnson, Mr. Mason and Mr. Lockett vote No.
Motion carries 6-3.
Mr. Mayor: Madam Clerk, on to the regular agenda, please.
The Clerk:
PLANNING
42. Z-10-35 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Pillon Communities requesting a Special Exception to
establish a sales office in a model home in Spirit Point Subdivision per Section 8-2 (f) of the
Comprehensive Zoning Ordinance for Augusta Richmond County affecting property
containing .30 acres and known as 1019 Spirit Drive. (Tax Map 215-0-246-00-0) DISTRICT
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Mr. Mayor: Mr. Patty.
Mr. Patty: Yes, sir, this came up a long time ago. Sorry I left my agenda in my office
apparently but I think it was in 2010.
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The Clerk: Yes ---
Mr. Patty: And there was ---
The Clerk: --- we have the information.
Mr. Patty: --- a vote in favor of approving it but there was not six votes and so it was left
in limbo and the applicant contended it shouldn’t be required because they’ve essentially built a
house which is for sale. And they’ve converted what would finally be the garage when it sold to
an office for the purpose of selling houses within the subdivision. And we went around and
around with him and he finally, we finally told him he would have to reapply which they have
done. We had objectors. We notified the objectors from the previous meeting. They’re here.
What they’re doing is what they’ve done in every other subdivision. Let me give you some
background. This is a subdivision that was started in 1993 by the previous owner and developer.
The current developers bought the remaining, I believe its 51 lots in the subdivision and began
construction. And that’s kind of when the problem started. But we did have objectors at the
previous meeting. We notified them, they may or may not be here. We also notified the
applicant I assume the applicant is here to present the case. But it’s what they’ve done in other
similar subdivisions other developers of subdivisions do the same thing and I recommend you
approve it.
Mr. Mayor: Okay, can we, do we have any objectors present?
Mr. Speaker: We have one.
Mr. Mayor: Okay, we do have one objector? Okay, thank you, ma’am, please make a
note of that. And is the applicant present? Apparently not.
The Clerk: Pillon Community, representative from Pillon Community?
Mr. Mayor: No? Gentlemen, what’s your pleasure?
Mr. Jackson: Move to approve.
Mr. Brigham: Second.
Mr. Mayor: Okay, we have a motion and a second. Commissioner Guilfoyle, did you?
Mr. Mason: It’s his area I believe.
Mr. Mayor: Well, if you, if you want to speak to this issue, yeah, raise your hand.
Mr. Guilfoyle: I was just corresponding with Mr. Mason.
Mr. Mayor: Okay.
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Mr. Guilfoyle: I did have some cause in regard for this little subdivision that the general
contractor with the trash that’s being blown around the neighborhood not being put where it’s
supposed to be, in the dumpsters. We have to be a concern especially in the ending
neighborhood where it’s already established that they should have shown more effort into getting
that resolved.
Mr. Mayor: Okay. We have a motion and a second. If there is no further discussion
Commissioners will now vote by the usual sign of voting.
Mr. Lockett and Mr. Guilfoyle vote No.
Motion carries 7-2.
Mr. Mayor: Thank you, ma’am. Next agenda item, please.
The Clerk:
PUBLIC SERVICES
45. Discuss the Transit RFP and Mobility Transit. (Requested by Mayor Pro Tem Joe
Bowles)
Mr. Mayor: Mr. Mayor Pro Tem, I believe this was your request.
Mr. Bowles: Yes sir. I’d like to make a motion to designate Mobility Transit
Services to provide the transit services for the city and to instruct the Administrator to
negotiate a final contract to bring back to this body at the next Commission meeting that
maximizes our saving with Mobility Transit.
Mr. Mayor: Is there a second on that?
Mr. Jackson: Second.
Mr. Mayor: Okay. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. It appears that I’m wasting my time because
according to the media six votes are already here. And I don’t know how we can determine if
we’ve got six votes unless we have meeting a non open meeting to get our votes together. But I
heard that this was going to save this body $400,000 dollars a year for five years. And that’s not
what I read when I read the request by Mobility. It was $400,000 dollars for two years. Now
Mobility’s like any other private business, they’re in business to make a profit. And it appears
they anticipate losing money the first two years but they’re going to make up on the last three
which will probably means that those 70-plus employees will probably be either downgraded or
salaries reduced or they lose their job. Temporary employees will be hired. We have not had an
opportunity to discuss this thing. We had a work session all the Commissioners were not present
but I was present. I asked about 50% of the questions and about 70% of the 50% of the
questions I still haven’t received answers for. This is extremely important. I also asked, you talk
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about we’re losing $5 million dollars a year but nobody can show me. Nobody’s willing to tell
me how much we’re getting from the Federal Government. So to vote on this today I think we
would be irresponsible. We would not be doing our jobs as Commissioners. And if we vote on
this to pass this we ought to feel real bad about it. Thank you, Mr. Chairman.
(Applause)
Mr. Mayor: Thank you Mr., y’all, please, please. Thank you. Commissioner Johnson.
Mr. Johnson: Yes, Mr. Mayor. I’d like to offer a substitute motion to postpone or delay
this item until we get the Administrator back. I talked with him on Tuesday and of course I
talked to a few of my colleagues in regarding us looking within. We haven’t even exhausted that
option yet and I feel we’d be doing the citizens a disjustice if we don’t go out and look at the
option of looking internally and bringing somebody up. I’m going to make reference to this.
Back a couple maybe three years ago back in Athens, the City of Athens did the exact same
thing. They went to private management and as a result the saw that is wasn’t lucrative to them
and they actually went back to getting a director or a individual to head the Transit Department.
And since then they have been very fluent. These are things I want to make sure we’re looking
at. And to go out now my colleague Commissioner is absolutely correct it would be premature
to go out and look at this. I’m not saying that this option can’t be exercised but let’s look at the
other options first. And then as we exhaust those options then if nothing else is there then we
can look at that. But we need to do our due diligence in house first. This is for the public it’s by
the public and the government is ran by the people. They didn’t elect dust to come up here and
do their business and I feel like if we go out and just immediately privatize sanctions of our
government then we’re taking it out of the hands of the people and that’s not fair to them. So I
can’t support at this time and I hope that we can get some support in the substitute motion to
delay this to give the Administrator time to come back and report this information back to me on
what we could do as far as other alternatives and options and maybe we can come up with some
kind of conclusion that’s going to beneficial overall. Because the last thing we want to do is
impact the citizens especially those that ride the bus on a regular basis with an increase or even
those that work there with the loss of jobs. I mean it’s going to be tough enough as it is but it’s
going to be a very critical situation. So we’ve got to be very cognizant of what can happen. And
that’s what I want to do is take our time and make sure we’re making the right decision.
Mr. Mayor: Okay.
Mr. Johnson: Thank you, Mr. Mayor.
(Applause)
Mr. Mayor: Y’all please hold your applause. Do we have a second for the substitute
motion?
Mr. Mason: Second.
Mr. Mayor: Okay, yes, sir.
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Mr. Mason: Thank you, Mr. Mayor. Let’s make no mistake about it. I’m in total
agreement that something needs to be done with our Transit Department. There’s just no two
ways about that. Now the question becomes what needs to be done and how does it need to be
done. And when we’re looking at this proposal that we have in front of us I need someone to
answer the question that is this, this is city ran, privately operated how are we, what’s the
terminology here?
Mr. Mayor: Mr. Johnson, are you? Is Heyward available or somebody from Transit?
Here he comes.
Mr. Mason: Are ---
Mr. Mayor: Please.
Mr. Mason: --- our city current city employees the way that they are now they become
the employees of the proposed company. Is that what we’re talking about?
Mr. Johnson: Yes, sir.
Mr. Mason: And so then this is a total privately ran operation?
Mr. Johnson: As far as the operation is concerned, yes. The property, the buses and the
equipment will still be owned by Augusta, Georgia.
Mr. Mason: So are you telling me the city is not putting in any monies towards this
private operation?
Mr. Johnson: That, yes the city will be funding it but it will be a private operation.
Mr. Mason: Okay, so then that’s not totally private in my mind if the city is putting in
some additional funds. So in other words what I’m hearing Mr. Mayor is that we’re possibly
saving $400,000 dollars which is great. I mean you know potentially each year but what I’m not
hearing is if we’re to believe that number of $5 million dollar loss then the city’s still paying 4.7,
4.6 million dollars in the loss column. That’s not a great deal to me in my opinion. So to be
voted on today that’s not a great deal. I need to see something a little bit better than that because
if we’re still paying out 4.6 million in the whole as a city and still we’re not clear in terms of
what it is that we’re actually going to get in terms of service being expanded or otherwise. That
really hadn’t been addressed. I don’t think today is the time to be voting on whether or not we’re
going to choose this company. That’s my opinion, Mr. Mayor.
Mr. Mayor: Okay, thank you, sir. Commissioner Bowles.
Mr. Bowles: Thank you, Mr. Mayor. We can talk about the $5 million dollar loss and
it’s on the city’s website under the last financial audit that we had on pages 141 through 166.
Those numbers don’t lie. We’ve got an 8 million to a 10 million dollar deficit this year. Granted
13
$400,000 is a drop in the bucket for us with that deficit but we need to start seeing some
solutions rather than just hearing no, no, no. And unfortunately some people will lose their jobs.
It’s a sad thing and I hate to see that happen but it’s a decision we up here have to make to make
sure our expenditures don’t exceed our revenues because we’re going to be going back to New
York to issue bonds next year with another deficit unless we change our act. And we’re going to
get degraded like our federal government just did and cost its citizens of Augusta a lot more
money than $400,000 a year.
Mr. Mayor: Thank you. Commissioner Johnson. Oh okay. Commissioner Smith.
Mr. Smith: I was, Mr. Johnson was I guess took a seat.
Mr. Mason: Well, he needs to stand up. Where is he?
Mr. Smith: Any way I was just ---
Mr. Mayor: Heyward, could you please come back? Come on back and sit a spell.
Mr. Smith: Mr. Johnson, how are you doing today?
Mr. Johnson: I’m doing fine.
Mr. Smith: Good, let me ask you. What’s the status of the employees, existing
employees with this new company when it takes over, if it takes over. What’s the plan for the
present employees and their status?
Mr. Johnson: As a part of the proposal that the new company would be required to retain
them for a minimum of two years.
Mr. Smith: Two years?
Mr. Johnson: Right.
Mr. Smith: Okay, all right and everybody would stay as they are now ---
Mr. Johnson: Yes, sir.
Mr. Smith: --- to that point, to the two year point and then they can pick and choose?
Mr. Johnson: Right, sir.
Mr. Smith: Okay, I guess that’s okay.
Mr. Mayor: Okay, Commissioner Guilfoyle and then Commissioner Lockett.
14
Mr. Guilfoyle: I just wanted to reach out to my colleagues. You know I’ve been on this
Commission for five months now. The only savings we had done is through the RIF and the re-
org and with this ---
Mr. Mason: (unintelligible)
Mr. Guilfoyle: --- yes, sir, it is, true. But this additional $400,000 and the only thing we
have to do is what we’ve done in this past seventeen, eighteen weeks seven more times to get out
of this deficit. But my whole goal is to get rid of this furlough days. Let’s give our employees
the back raises they were supposed to get because they haven’t had a raise in the past three to
five years. There’s goals and agendas that need to be set amongst all ten of us and let’s push for
the effort I had proposed back on January a budget for all the Commissioners. I don’t care if
they pull from it, use it or if it’s no good throw it away. But we’re going to have to come up
with solutions to cut this deficit in order to continue on as a city. But thank y’all.
Mr. Mayor: Thank you. Commissioner Lockett.
Mr. Lockett: Thanks again, Mr. Chairman. I really see a problem when we without
hesitation will agree to spend three quarters of a million dollars for an ADP system that will
spend an exorbitant amount of money for time clocks that nobody wants to use and that we’re
willing to give huge pay increases for those at the top at the same time we want to punish those
at the bottom. Now those employees did not get us in the predicament that we’re in now. Let’s
not blame them. Let’s not blame Heyward Johnson for the problems that Transportation is
having because Heyward Johnson has a supervisor who is our Administrator. Let’s point the
finger at him. And I think we do not need to pass this today. It needs to go back so we can
review it. Thanks again, Mr. Chairman.
Mr. Mayor: Okay, thank you, sir. Okay, if there’s no further discussion ---
Mr. Mason: One final comment ---
Mr. Mayor: Mr. Mason.
Mr. Mason: A final comment, Mr. Mayor. Um, Mr. Guilfoyle brought up a point of
reaching out to colleagues why I want to reach out to colleagues as well because there’s several
of those same individuals that’s been sitting here five, six and seven years while we’re taking
million dollar losses on the bus system. And all of a sudden you want to make a move to correct
it. And I’m not saying it shouldn’t be corrected I’m saying we need to look at the methodology
by which we go about correcting it. And so if we’re going to be honest about this entire situation
than let’s each of us as individuals especially those that have been up here for quite some time
and take the responsibility for what has happened within our Transit Department as well and put
the punishment where it needs to be and not on those that don’t need to have it.
Mr. Mayor: Okay, thank you, sir. We’ve got a, Commissioner Brigham.
15
Mr. Brigham: Mr. Mayor, while that’s true there’s been proposals to find extra funding
for Transit. They’ve come from this Commissioner who’s been up here five or six years and was
voted against by other Commissioners that have been up here five and six years. I don’t see
where we have any other alternative. Nobody’s willing to increase the revenue in transit. The
only thing we can do is spend more money out of the general fund to expand the services. The
general fund is already laying off people. I think we’ve got a choice. We got a choice of either
we’ll raise taxes or we’re going to cut services. And I believe in cutting services before I believe
in raising taxes. Call the question, please.
Mr. Mayor: Okay, we have ---
Mr. Lockett: May I have question of privilege, please?
Mr. Mayor: The question has been called for Mr. Lockett and so ---
Mr. Lockett: Mr. Mayor, I had my hand up you were looking at Mr. Brigham.
Mr. Mayor: But I’ve recognized you twice and he called for the question.
Mr. Lockett: Mr. Mayor, may I ask please ---
Mr. Mayor: Mr. Parliamentarian, I just want to make sure we do this.
Mr. Lockett: Well, that’s who I wanted to direct my question to.
Mr. Mayor: Well, let me ask him. After the question has been called for there, is there
the ability to recognize on a point of personal privilege?
Mr. MacKenzie: There’s an ability, but it will be up to the Chair.
Mr. Mayor: I’ll tell you we’ve discussed this enough so I think it’s time ---
Mr. Lockett: I don’t want to discuss nothing, Mr. Mayor.
Mr. Mayor: I know but we’ve had, everybody’s had two times to speak.
Mr. Lockett: Mr. Mayor, it’s a question of privilege. I don’t want to speak about this I
have a parliamentary question. I want to ask the Parliamentarian.
Mr. Mayor: I will tell you I believe, Commissioner Lockett, in all due respect we need to
move along.
Mr. Lockett: But you’re not respecting me by doing this.
16
Mr. Mayor: No, sir, I’m trying to respect the people that have gathered here for this
meeting and the public and try to move so anyways the Chair rules that we go ahead and vote on
the substitute motion. Commissioners will now vote by the substitute sign of voting.
Mr. Mason: What’s the motion?
Mr. Mayor: The motion is to, Madam Clerk, could you read that back, please?
The Clerk: The substitute motion is to postpone the award of this contract until the
Administrator returns.
Mr. Mayor: Okay, Commissioners will now vote by the substitute sign of voting.
Mr. Aitken, Mr. Bowles, Mr. Jackson, Mr. Brigham, Mr. Guilfoyle and Mr. Smith vote No.
Motion fails 3-6.
Mr. Lockett: Mr. Mayor, may I ask that question now?
Mr. Mayor: Let us dispose of the primary motion, Commissioner Lockett.
Mr. Mason: Roll call vote, Mr. Mayor.
Mr. Mayor: Okay. Madam Clerk, the primary motion just for clarity.
The Clerk: That motion is to award the contract for operations of the Transit Department
to Mobility Transit and instruct the Administrator to negotiate a final contract and report back at
the next meeting.
Mr. Mayor: And, Madam Clerk, a roll call vote has been requested on this motion.
Commissioners will now vote via roll call vote.
The Clerk: Mr. Aitken.
Mr. Aitken: Approve.
The Clerk: Mr. Bowles.
Mr. Bowles: Yes.
The Clerk: Mr. Brigham.
Mr. Brigham: Yes.
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: Yes, ma’am.
17
The Clerk: Mr. Hatney, out. Mr. Jackson.
Mr. Jackson: Yes.
The Clerk: Mr. Johnson.
Mr. Johnson: No.
The Clerk: Mr. Lockett.
Mr. Lockett: No.
The Clerk: Mr. Mason.
Mr. Mason: No.
The Clerk: Mr. Smith.
Mr. Smith: Yes.
Mr. Aitken, Mr. Bowles, Mr. Brigham, Mr. Guilfoyle, Mr. Jackson and Mr. Smith vote
Yes.
Mr. Johnson, Mr. Mason and Mr. Lockett vote No.
Motion carries 6-3.
Mr. Mayor: And now Commissioner Lockett if you had a question of parliamentary
procedure not germane to the issue as that agenda item has been disposed of I will recognize you
now.
Mr. Lockett: Thank you very much. This is for general counsel. Mr. Parliamentarian ---
Mr. MacKenzie: Yes, sir.
Mr. Lockett: --- would you say that the agenda item we just completed was ordinary
business, something that happens on a regular basis, daily basis. Or would it be extraordinary?
And the reason I ask that question is because ordinary business would require six votes but
something that doesn’t happen on a regular basis is unusual extraordinary would require eight
votes.
Mr. MacKenzie: Well, I think the answer to that question would depend on interpretation
of ---
Mr. Lockett: Can I see your eyes?
Mr. MacKenzie: Sure.
18
Mr. Mayor: And, please, you know, let’s treat everybody with dignity and respect.
Mr. Lockett: I always treat them, Mr. Mayor.
Mr. MacKenzie: I think the answer to that question would depend on your definition of
the word ordinary business. My answer to the question with respect to the last item of this would
be voting on an item such as this to approve a contract would be within the realm of other items
that the Commission has made percent to other business.
Mr. Mayor: Thank you, sir. Madam Clerk, next agenda item.
The Clerk:
ADMINISTRATIVE SERVICES
46. Discuss the Deputy Administrator’s decision to override the EEO report in the case of
the firefighter Lt. William Dickerson. (Requested by Commissioner Alvin Mason)
Mr. Mayor: Okay, Mr. Mason, when this discussed in Legal I believe at the last
Commission meeting was adequate to you or do we?
Mr. Mason: No, no it wasn’t. And I just want to say to you that I was very clear in terms
of the discussion and how it could go or how it couldn’t go. So this discussion is not to
determine the validity of any findings by the Deputy Administrator one way or the other. But it
is to bring out some things that I think that are open record and we should have a discussion out
here in the public.
Mr. Mayor: Well and Commissioner Mason as I shared with you, you know my primary
concern is if we start a trend into the personnel arena I guess you would say that becomes
potential litigation and you know we’ve seen personnel issues played out within this chamber
that have led to litigation. So that’s my primary concern. As we’ve discussed in defending
lawsuits we’re using taxpayer money as well. So I say that in all due respect.
Mr. Mason: And I fully understand your concern. Everything we do up here, Mr.
Mayor, in all fairness and all honesty is potential litigation so we can’t be quiet on every agenda
item that comes up. And again this is not to the, talk about the validity of any findings by the
Deputy Administrator in terms of Lt. Dickerson. But it is to get some things out on the record
that have already been put out there by the Deputy Administrator himself when he did an
interview as well as the letter and the memo that he sent to Ms. Humphries and that was done on
television and newspaper as well. So that’s already something that’s been put out there and
certainly within the open records you can have that discussion on an email that was sent off a
public system to the EEO Director. So I do believe that that is a discussible item and we should
have that discussion stand within the parameters that you talked about I think we’re okay.
Mr. Brigham: Mr. Mayor?
19
Mr. Mayor: Commissioner Brigham.
Mr. Brigham: Is this not an active EEO claim already been filed in this case?
Mr. Mayor: Mr. MacKenzie?
Mr. MacKenzie: We have contacted the EEOC Department and confirmed that an EEOC
claim has been filed with respect to this individual.
Mr. Brigham: I make a motion we table this item.
Mr. Bowles: Second.
Mr. Mason: I object to that motion, Mr. Mayor.
Mr. Mayor: I, you know, Commissioner Mason once again with all due respect if there’s
an open EEO claim I think it does fall under potential litigation undoubtedly. But there’s been a
motion to table. Is there a ---
Mr. Mason: The open EEO claim ---
Mr. Brigham: Motion to table is a non debatable motion.
Mr. Mason: Wrong.
Mr. Mayor: Mr. MacKenzie?
Mr. MacKenzie: Hold on just a second and I’ll pull it up.
Mr. Mason: Mr. Mayor, if I might. The EEO claim that you’re referencing has nothing
to do in my opinion with the email traffic which is public knowledge that went from the Deputy
Administrator to several individuals that have already been discussed openly and in the public.
So if you’re saying we cannot discuss that I would like for you to cite under the open records
rule where within that document that it says that we can’t have a discussion on an email traffic
that’s sent on a government system which belongs to the people.
Mr. Mayor: Well, I will tell you, Commissioner Mason, actually I’m not a lawyer, I
don’t have a law degree and I would look to the Attorney with regards to that. But it would be
my understanding that that potentially email or whatever could become a part of a court case in
moving forward. Mr. MacKenzie?
Mr. MacKenzie: I would agree. I mean they’re, we’re on a fine line. There is some
information that could become public. I would agree with that. When you’re looking at the
exceptions to the open meetings act there are several of those. One of those is to discuss
personnel issues, the disciplinary action of employees and things like that is also within the scope
of what we would be looking at here. One exception to for reasons not having the meeting open.
20
The other one is the pending and potential litigation exception. That exception is narrow. It is
where there is an actual human risk of litigation or if litigation is actually been filed. In this case
there has been an EEOC claim filed which would put it well within the realm of actual litigation.
The fact that there may be some information including emails and other information that might
be subject to open records act does not mean it would not move it into the realm of an open
meeting necessarily. It would still be within the scope of discussion relating to litigation. And I
would recommend you discuss it in closed Legal meeting.
Mr. Mayor: Okay, and with regards to the motion to table.
Mr. MacKenzie: That’s non debatable.
Mr. Mayor: Okay. Madam Clerk, next agenda item.
The Clerk: We need to vote on it.
Mr. Mayor: Excuse me, non debatable. The non debatable motion to table has been
made. Commissioners will now vote by the usual sign of voting.
Mr. Johnson, Mr. Mason and Mr. Lockett vote No.
Motion carries 6-3.
Mr. Mayor: Madam Clerk, next agenda item.
The Clerk:
ADMINSTRATIVE SERVICES
47. Motion to approve an Ordinance to amend a Georgia Local Law entitled “An Act to
create a Board of Commissioners for Roads and Revenues for the County of Richmond; to
define their powers and duties; and for other purposes, approved August 19, 1907 (Ga. L.
1907, p. 324), as amended by a Home Rule Ordinance approved May 1 and May 15, 1979
(Ga. L. 1980, p. 4590), to strike language requiring that the Administrator “Have an Office
at the Courthouse”; to repeal all Local Laws, Charter Sections, Code Sections and
Ordinances in conflict herewith; to provide an effective date and for other purposes.
Mr. Mayor: Gentlemen, what’s your pleasure on this one? Does anybody have a
pleasure on this one?
Mr. Bowles: Motion to approve.
Mr. Jackson: Second.
Mr. Mayor: There’s a motion and second. If there’s no further discussion
Commissioners will now vote by the usual sign. And just for the record, Mr. MacKenzie, that
would be a Charter amendment that would take eight votes to pass.
21
Mr. MacKenzie: That’s correct.
Mr. Mayor: Okay.
Mr. Johnson, Mr. Mason and Mr. Lockett vote No.
Motion fails 6-3.
Mr. Mayor: Madam Clerk next agenda item.
The Clerk:
48. An Ordinance to amend the Augusta, GA Code Title One Chapter Five Article One
Section 1-5-2 relating to the Superintendent of Cemeteries; to repeal all Code sections and
ordinances and parts of Code sections and ordinances in conflict therewith; to provide an
effective date and for other purposes. (No recommendation from Administrative Services
Committee May 9, 2011)
Mr. Mayor: Gentlemen, what’s your pleasure? Everybody awake?
Mr. Bowles: Move to approve.
Mr. Jackson: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign of voting.
Mr. Johnson, Mr. Mason and Mr. Lockett vote No.
Motion carries 6-3.
The Clerk:
49. An Ordinance to amend the Augusta, GA Code Title One Chapter Seven Article Two
Section 1-7-11 relating to Individuals included in the Personnel System; to repeal all Code
sections and ordinances and parts of Code sections and ordinances in conflict therewith; to
provide an effective date and for other purposes. (No recommendation from
Administrative Services Committee May 9, 2011)
Mr. Bowles: Motion to approve.
Mr. Jackson: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign of voting.
Mr. Johnson, Mr. Mason and Mr. Lockett vote No.
Motion carries 6-3.
22
Mr. Mayor: Madam Clerk, next agenda item.
The Clerk:
50. An Ordinance to amend the Augusta, GA Code Title One Chapter Seven Article Three
Section 1-7-32 relating to Individuals included in the Classification Plan; to repeal all Code
sections and ordinances and parts of Code sections and ordinances in conflict therewith; to
provide an effective date and for other purposes. (No recommendation from
Administrative Services Committee May 9, 2011)
Mr. Jackson: Move to approve.
Mr. Mayor: Do we have a second?
Mr. Smith: Second.
Mr. Mayor: If there’s no further discussion Commissioners will now vote by the usual
sign of voting.
Mr. Johnson, Mr. Mason and Mr. Lockett vote No.
Motion carries 6-3.
The Clerk:
51. An Ordinance to amend the Augusta, GA Code Title Seven Chapter Three Article Two
Section 7-3-17.1 relating to maintenance or construction for private streets for purposes of
Police, Fire and other Emergency Vehicle access; to repeal all Code sections and
ordinances in conflict herewith; to provide an effective date and for other purposes. (No
recommendation from Administrative Services Committee May 9, 2011)
Mr. Jackson: Move to approve.
Mr. Mayor: Is there a second?
Mr. Bowles: Second.
Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign.
Mr. Johnson, Mr. Mason and Mr. Lockett vote No.
Motion carries 6-3.
The Clerk:
23
52. An Ordinance to amend the Augusta, GA Code Title Seven Chapter Three Article Two
Section 7-3-19 relating to notification of the Director of Public Works; to repeal all Code
sections and ordinances in conflict herewith; to provide an effective date and for other
purposes. (No recommendation from Administrative Services Committee May 9, 2011)
Mr. Mayor: Do we have a motion on this?
Mr. Bowles: So moved.
Mr. Jackson: Second.
Mr. Mayor: We have a motion and a second. If there is no further discussion
Commissioners will now vote by the usual sign.
Mr. Johnson, Mr. Mason and Mr. Lockett vote No.
Motion carries 6-3.
The Clerk:
53. An Ordinance to amend the Augusta, GA Code Title Seven Chapter Three Article One
Section 7-3-2 and 7-3-3 relating to streetlight program and coordination; to repeal all Code
sections and ordinances in conflict herewith; to provide an effective date and for other
purposes. (No recommendation from Administrative Services Committee May 9, 2011)
Mr. Jackson: Move to approve.
Mr. Brigham: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign.
Mr. Johnson, Mr. Mason and Mr. Lockett vote No.
Motion carries 6-3.
54. An Ordinance to amend the Augusta, GA Code Title Seven Chapter Three Article Two
Sections 7-3-21 through 7-3-25 relating to the Director of Public Works; to repeal all Code
sections and ordinances in conflict herewith; to provide an effective date and for other
purposes. (No recommendation from Administrative Services Committee May 9, 2011)
Mr. Brigham: So moved.
Mr. Jackson: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign.
24
Mr. Johnson, Mr. Mason and Mr. Lockett vote No.
Motion carries 6-3.
Mr. Mayor: Next agenda item, Madam Clerk:
The Clerk:
ADMINISTRATIVE SERVICES
55. An Ordinance to amend the Augusta, GA Code Title Six Chapter Two Article One
Sections 6-2-5 relating to consumption at parks, playgrounds, public streets and public
areas owned by Augusta; to repeal all Code sections and ordinances in conflict herewith; to
provide an effective date and for other purposes. (No recommendation from
Administrative Services Committee May 9, 2011)
Mr. Jackson: Move to approve.
Mr. Bowles: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign of voting.
Mr. Johnson, Mr. Mason and Mr. Lockett vote No.
Motion carries 6-3.
The Clerk:
56. An Ordinance to amend the Augusta, GA Code relating to the approved
Reorganization Plan; to repeal all Code sections and Ordinances and parts of Code
Sections and Ordinances in conflict herewith; to provide an effective date and for other
purposes. (No recommendation from Administrative Services Committee May 9, 2011)
Mr. Jackson: Move to approve.
Mr. Bowles: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign of voting.
Mr. Johnson, Mr. Mason and Mr. Lockett vote No.
Motion carries 6-3.
Mr. Mayor: Okay, Madam Clerk, next agenda item, please.
The Clerk:
FINANCE
25
57. Motion to receive report from the General Counsel providing a summary of annual
legal costs to Commission and proposing preventative measures to put in place to reduce
liability and litigation and reduce legal costs. (Requested by Commissioner Lockett)
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I should have mentioned this earlier. The
General Counsel got with me and asked could we reschedule this for a couple of meetings from
now. And I told him it would be fine with me.
Mr. Mayor: Okay. Can we get a motion to do that?
Mr. Johnson: Move to approve.
Mr. Guilfoyle: Second.
Mr. Mayor: Okay, we have a motion and a second. If there is no further discussion
Commissioners will now vote by the usual sign of voting.
Mr. Smith votes No.
Mr. Jackson out.
Motion carries 7-1.
Mr. Mayor: And, Madam Clerk, our final agenda item.
The Clerk:
APPOINTMENTS
58. Consider the recommendation of the CSRA Economic Opportunity Authority to
appoint Ms. Gwendolyn C. Roundtree to the Board of Directors for a four-year term.
Mr. Lockett: Move to approve.
Mr. Guilfoyle: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign.
Mr. Brigham abstains.
Motion carries 8-1.
Mr. Mayor: Okay and just for point of clarity, Mr. MacKenzie, with regards to the
disposition of tabled agenda item.
Mr. MacKenzie: Yes, what to do with it?
26
Mr. Mayor: Yes, it’s been a while since we’ve tabled one.
Mr. MacKenzie: We lay an item on the table and enable the assembly to lay the pending
question aside temporarily when something else of immediate urgency has arisen and there’s no
time limits with respect to how long it can be tabled. It would be up to the body.
Mr. Mayor: But this is the end of the meeting so we’ve got to dispose of it to close the
meeting.
Mr. MacKenzie: That would be appropriate.
Mr. Mayor: Okay. Is there a motion on this agenda item?
The Clerk: Number forty-six.
Mr. Mayor: Commissioner Mason.
Mr. Mason: What would constitute the immediate emergency of tabling it in the first
place?
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: That’s one of the reasons the item can be tabled if you move to the end
of the meeting and taken up for whatever reason.
Mr. Mason: Do you want to reiterate what you just ---
Mr. MacKenzie: I said ---
Mr. Mason: --- said in terms of immediate emergency?
Mr. MacKenzie: I said a matter of urgency.
Mr. Mason: Urgency? What ---
Mr. MacKenzie: What the body feels is urgent. They can table and move it to the end of
the meeting.
Mr. Mason: And what reason was that? Was there a reason given or we don’t have to
give a reason.
Mr. MacKenzie: No.
Mr. Mason: But it’s a reason of urgency.
Mr. MacKenzie: Well, that’s one of the reasons provided for Roberts Rule.
27
Mr. Mason: They defined urgency all right.
Mr. Mayor: Okay.
Mr. Brigham: Move we adjourn Mr. Mayor.
Mr. Mayor: We don’t have second on the motion to adjourn. Can we ---
Mr. Jackson: Second.
Mr. Mayor: Okay, we have a motion and a second. But, Mr. MacKenzie, if we have not
addressed the agenda item that ---
Mr. Mason: Do what you want.
Mr. MacKenzie: I mean there can be no action taken. That happens on items as well if
there’s no motion, no second then there’s no action taken.
Mr. Mayor: No, okay, so the agenda item if it’s not disposed of does it move on to the
following full meeting of the Commission? You know I like to try to do things the best I can by
the book.
Mr. Mason: Really, I’m trying to do that too.
Mr. MacKenzie: If you look at 3.03 which is the ranking of the motions, it’s actually
3.03.02 it says where a lay of the table item is and it suggests a postponement temporarily which
is what has been done. The item then goes to the end of the meeting which is where we are now.
There’s no, there’s been a motion on it but no second to dissolve of the item then it would be no
action taken.
Mr. Mayor: Well, there’s not been a motion on the agenda item. There’s been a move to
adjourn which has been seconded.
Mr. MacKenzie: Then the item would be as though it was not on the agenda.
Mr. Mayor: Okay. We’ve had a motion to adjourn and a second. If there’s no further
discussion Commissioners will now vote by the usual sign of voting.
Mr. Johnson, Mr. Mason and Mr. Lockett vote No.
Motion carries 6-3.
Mr. Mayor: Okay, we stand adjourned.
[MEETING ADJOURNED]
28
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
March 2, 2010.
______________________________
Clerk of Commission
29