HomeMy WebLinkAboutRegular Commission Meeting December 20, 2011
REGULAR MEETING COMMISSION CHAMBER
DECEMBER 20, 2011
Augusta Richmond County Commission convened at 5:00 p.m., December 20, 2011, the
Hon. Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Mason, Smith, Hatney, Aitken, Johnson, Jackson,
Bowles and Brigham, members of Augusta Richmond county Commission.
The invocation was given by the Reverend Mark Pierson, Pastor Bethel AME Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
RECOGNITION(S)
A. November Employee of the Month Mr. Lance Peebles, Road Security Supervisor RCCI.
The Clerk:
DELEGATONS
B. Commissioner Alvin Mason, Chairman Ad-Hoc Redistricting Committee. RE: Ad-Hoc
Committee’s unanimous approval/recommendation of the Redistricting Plan 3R.
Mr. Mayor: Okay, Mr. Mason, you know the drill. If you could keep it to five minutes,
please, sir.
Mr. Mason: I do. I was hoping that I could use this one because I really didn’t want to
bend down. Can you hear me?
The Clerk: Yes.
Mr. Mason: Thank you, Mr. Mayor and first I would just like to thank those that have
come down and supported this particular agenda item. If you would I would ask that so that I
can fully keep my attention to this agenda item at the four minute if you would give me the
finger, not the finger but if you could me four fingers.
Mr. Mayor: I’ll give you the high sign.
Mr. Mason: Yeah, that would be good. Mr. Mayor and Commissioners, I’m here today
as the committee chairman of the Ad-Hoc Redistricting Committee and I realize that there has
been a lot of speculation this week in terms of why is he speaking and what is it that he has to
say. And so for those who came for a negative reason you’re here for the wrong reason. I’m
here to say thank you, number one to the people who worked hard on that particular contract.
For those that was not in the room you missed a great opportunity to see those of us working the
way that we envisioned (inaudible) for the unity that we talked about over the years. You saw
twelve people come together four from the Commission you saw four from the school board you
saw four from the legislative delegation. And after a ten weeks of several public hearings 3 ½
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hours spent on this particular night on November 29 we came to a conclusion that there was a
map that would work for this city. And I wanted to thank my committee members, every single
one of them because they did a tremendous job. In fact Mr. Brigham called for the recess and I
called the recess and we began to talk and we began to break up in twos and threes then we were
working like no other. At the end of that we achieved what no one thought was possible when
we started this mission. We achieved a 12-0 unanimous vote for a map when we sat down and
we compromised and we worked it out and we talked it out. Mr. Brigham came with a wealth of
experience. He served on the committee before. Everybody had an opportunity to look at the
map and to bring up and questions or issues that was there. And no one held a gun to anyone’s
head and I want to make sure that we’re clear to that. And so we didn’t necessarily have to vote
on a map that night but we came to the consensus that this was a good map and we could
represent the city this way. Mr. Mayor, I wish you had of been there because at the end of the
meeting there was a feeling of esprit de corps, camaraderie in the room, people were shaking
hands. And I asked Mr. Brigham and I can say it publicly I asked Mr. Smith I said, “hey, let’s go
back to the Commission and try to get a positive response from the Commission and let that pass
through because our work is done here.” Unfortunately that didn’t happen and I’m not here to
ask them why they flipped their vote when a week came later. But I am here to say that I do
appreciate the efforts that was put out there. As a committee chairman I will not reconvene a
meeting of this committee because you cannot get a better vote or better participation than we
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got on November 29 a 12-0 vote that nobody probably even on this committee thought it would
be unanimous. So for that I’m extremely proud and I’m extremely grateful. The other thing that
I would say I would caution those who mentioned things like we want to insure equal
representation and there out to be a 5-5 split. The Charter didn’t call for a 5-5 split. The Charter
called for if you went out and voted your race you could have five people of each color up here
meaning black and white. But there are no guarantees. So no one now should go back and say
we should be going back to that. I stood up in October 2009 and stood up for this man Matt
Aitken to say in the community when people said that he could not represent District 1. And I
said he, I don’t know well he’ll represent but he has every right to represent because he went
through the process. So no one today should come back and say that it should be equal 5-5. If
that’s the case Mr. Aitken shouldn’t be sitting in the seat now. And that would be a travesty
because that’s not what’s it about. So what I’m here to ask for tonight is not a revote, you’ve
already voted your mind. I’m not asking you why you did it. But what I’m saying to you Mr.
Mayor you never got an opportunity to weigh in on this situation. You are the only one up here
on this panel that is voted in by the entire of Augusta Richmond County. Your voice did not get
a chance to be heard because we tied 5-5. You didn’t get a chance to break the tie. You had a
previous engagement already scheduled so you were away. But today is an opportunity if you
would. It’s not a vote that’s necessary. If you will write a letter and endorse as the Mayor of this
city endorse the map that the committee voted on and put your endorsement to that map, it does
not require a vote that goes up with the packet to show that the Mayor has now had an
opportunity to weigh in on this situation on how he would view how this would go. And so
that’s my request of you, Mr. Mayor. If you would do that an endorse that letter and endorse that
map 3R that that committee worked so hard that day to do in a 12-0 vote came out of it.
Mr. Mayor: Okay. Well, I will tell you I appreciate your request and let me consider
procedurally if that’s the appropriate way to move forward. I’ve been on record and said had I
been here I would’ve voted in favor of the maps. I’ve said that publically. So like I say let me
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get with the Attorney or with the Redistricting Committee and see procedurally how you do that.
But I appreciate the work of the committee as well. I do because I know everybody worked very
hard on it.
Mr. Mason: Thank you.
Mr. Mayor: Thank you for your presentation, Mr. Mason.
Mr. Lockett: Mr. Mayor, I had my hand up.
Mr. Mayor: Yes, sir.
Mr. Lockett: Mr. Mason, I want to applaud you for being the chairperson of the Ad-Hoc
Committee. You did an admirable job. And as you indicated we will now support but we were
professional. We dealt with it. We have respect for each other even though we were in a
majority as far as minorities are concerned. But we didn’t take advantage of that. We worked
and we resolved our issues. And as a result of that I make a motion that we approve the Ad-Hoc
Committee, Redistricting Committee that was approved by the committee unanimously 12-0
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subsequently approved by the School Board of Trustees 7-5I make a motion that we approve it.
Mr. Johnson: I’ll second it.
Mr. Mayor: Okay, we have a motion and a second. Just for procedural purposes, Mr.
MacKenzie, would that be, I mean I just want to make sure we’re following procedure on this.
Mr. MacKenzie: It would be appropriate since it’s already on the agenda as an item. I
would be a companion motion in consistent with the item.
Mr. Mayor: Okay. Everybody good? (APPLAUSE) Commissioner Brigham.
Mr. Brigham: Where on the agenda is ---
Mr. Mayor: Please hold your applause until the end. What’s that?
Mr. Brigham: Where on the agenda is this?
Mr. Mayor: Mr. McKenzie?
Mr. MacKenzie: It was on the agenda as a delegation. This is an action.
Mr. Brigham: That’s not an item to be voted on if it’s a delegation. It’s presentation.
Mr. Mayor: Mr. MacKenzie, is it your legal opinion that due to the fact that it is on the
agenda it’s an actionable item?
Mr. McKenzie: Yes, it is.
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Mr. Mayor: Okay. We have a motion that’s been properly seconded. If there’s no
further discussion Commissioners will now vote by the usual sign.
Mr. Bowles, Mr. Jackson, Mr. Guilfoyle vote No.
Mr. Brigham and Mr. Smith abstain.
Motion fails 5-3-2.
Mr. Mayor: Okay, no action taken. Madam Clerk, on to the consent agenda.
The Clerk: Our consent agenda consists of item 1-27, items 1-27. For the benefit of any
objectors to our Planning Petitions would you please signify your objection by raising your hand
once the petition is read? I call your attention to:
Item 2: Is a request for a Special Exception to establish a Family Personal Care Home
located at 2059 Clark Street.
Item 3: Is for a change of zoning from a Zone A (Agriculture) to a Zone LI (Light
Industry) affecting property known as 3703 Peach Orchard Road.
Item 4: Is for a request for a change of zoning from an R-1A (One-Family Residential) to
a Zone R-3B (Multiple-family Residential) affecting property at 2882 and 2884 Lumpkin Road.
The Clerk: Are there any objectors to any of those Planning Petitions?
Mr. Russell: None noted, Madam Clerk.
The Clerk: I call your attention to our Public Services portion of the agenda. If there are
any objectors to any of our alcohol petitions would you please signify your objection by raising
your hand? I call your attention to:
Item 5: Is for a retail package Liquor, Beer & Wine license to be used in connection with
the Bel Air Package Store located at 3973 Wrightsboro Road.
Item 6: Is for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Rub It In Lunge located at 2706 Gordon Highway.
Item 7: Is for an on premise Beer & Wine license to be used in connection with The
Patch located at 2023 Highland Avenue.
Item 8: Is for an on premise consumption Beer & Wine license to be used in connection
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with the 8 Street Tobacco located at 230 Eighth Street.
The Clerk: Are there any objectors to any of those alcohol petitions?
Mr. Russell: None noted, Madam Clerk.
The Clerk: Mr. Mayor, members of the Commission our consent agenda consists of
items 1-27 with no objectors to our Planning or alcohol petitions.
Mr. Mayor: Thank you, Madam Clerk. Commissioner Lockett.
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Mr. Lockett: With your accountant I would do if I possibly could add agenda item #32
to the consent agenda.
The Clerk: Item 32?
Mr. Locket: Number 32, please.
Mr. Mayor: Okay, do we have any further items to be added to be added to the consent
agenda. Commissioner Brigham.
Mr. Brigham: Mr. Mayor, I think we would be able to add item #35 and item #37.
Mr. Mayor: Okay, and 36 no action was taken by the Pension and Audit Committee you
know 4:45 that was referred to the recommendation will come forward and we’ll have to
schedule another meeting in January. So can we delete that?
The Clerk: Add it to the consent to delete. Okay.
Mr. Mayor: Okay, do we have any further items to be added to the consent agenda?
Commissioner Guilfoyle.
Mr. Guilfoyle: Ms. Bonner, would you be kind enough on #9 that’s showing that I’m
abstaining on that, please.
The Clerk: Yes, sir, number nine?
Mr. Guilfoyle: Yes, ma’am.
Mr. Mayor: Okay, if we have no further items to be added to the consent agenda are
there any to be pulled for discussion. Okay, hearing none, can I get a motion to approve the
consent agenda?
Mr. Mason: So moved.
Mr. Johnson: Second.
CONSENT AGENDA
PLANNING
1. FINAL PLAT – The Lakes at Raes Creek Phase 2-D – S-696-ii-D – A request for
concurrence with the Augusta Planning commission to approve a petition by Southern
Partners, on behalf of Terranova Group, requesting final plat approval for The Lakes at
Raes Creek Phase 2-D. This residential townhome development is located on Brookstone
Way, off Amli Way and contains 8 lots.
2. Z-11-53 – A request for concurrence with the Augusta Planning Commission to approve
a petition by Nicole Cooper requesting a Special Exception to establish a Family Personal
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Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta,
Georgia affecting property containing .17 acres and is known as 2059 Clark Street. (Tax
Map 027-3-044-00-0) DISTRICT 1
3. Z-11-54 – A request for concurrence with the Augusta Planning Commission to approve
with the condition 1) the use of the property be limited to the light manufacturing
associated with a roofing and light metal fabricator company or those uses allowed in a B-2
(General Business) zone; a petition by Brain Patty requesting a change of zoning from
Zone A (Agriculture) to Zone LI (Light Industry) affecting property containing 1.30 acres
and is known as 3703 Peach Orchard road. (Tax Map 168-0-014-00-0) DISTRICT 6
4. Z-11-55 – A request for concurrence with the Augusta Planning Commission to approve
a petition by David and Caletha Taylor requesting a change of zoning from Zone R-1A
(One-family Residential_ to Zone R-3B (Multiple-family Residential) affecting property
containing 1.03 acres and is known as 2882 and 2884 Lumpkin Road (Tax Map 083-2-007-
00-0 & 083-2-006-00-0) DISTRICT 5
PUBLIC SERVICES
5. Motion to approve New Ownership Application: A.N. 11-57: request by Jonathan
Nicholson for a retail package Liquor, Beer & Wine license to be used in connection with
Nicholson Investment Group, Inc. DBA Bel Air Package Store Located at 3973
Wrightsboro Rd. District 3. Super District 10. (Approved by Public Services Committee
December 12, 2011)
6. Motion to approve New Ownership Application: A.N. 11-58: request by Rodney Cook
for an on premise consumption Liquor, Beer & Wine license to be used in connection with
Thu’s Rub It In Lounge located at 2706 Gordon Hwy. There will be Dance. District 3.
Super District 10. (Approved by Public Services Committee December 12, 2011)
7. Motion to approve New Ownership Application: A.N. 11-59: request by Gwynne Chase
for an on premise consumption Beer & Wine license to be used in connection with The
Patch of Augusta, LLC DBA The Patch located at 2023 Highland Ave. There will be
Sunday Sales. District 5. Super District 9. (Approved by Public Services Committee
December 12, 2011)
8. Motion to approve New Application: A.N. 11-54: request by William e. Williamson for
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an on premise consumption Beer & Wine license to be used in connection with 8 Street
Tobacco located at 230 Eighth St. District 1. Super District 9. (Approved by Public Services
Committee December 12, 2011)
9. Motion to approve the request of the Augusta Aviation Commission for approval of
Change Modification #4 to the Choate Construction Company Contract. (Approved by
Public Services Committee December 12, 2011)
10. Motion to approve a request by Meisam Shodja for a Dance hall license to be used in
connection with Crazy Turks Pizza Bar & Grill located at 2910 Washington Rd. There will
be Dance. District 7. Super District 10. (Approved by Public Services Committee December
12, 2011)
11. Motion to accept donation of property located at 1816 Carmichael Road from Bobbye
V. Gaines and John Gaines to Augusta, GA. (Approved by Public Services Committee
December 12, 2011)
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12. Motion to approve Reeves Construction Change Modification #2 in the amount of
$33,660.00 at Augusta Regional Airport. (Approved by Public Services Committee
December 12, 2011)
13. Motion to approve Reeves Construction Contract Modification #3 in the amount of
$159,512.40 at Augusta Regional Airport. (Approved by Public Services Committee
December 12, 2011)
14. Motion to approve the request of Augusta Aviation to approve the final SD Clifton
contract modification in the amount of $19,710.00 which will close out the project.
(Approved by Public Services Committee December 12, 2011)
PUBLIC SAFETY
15. Motion to approve a 2011 budget amendment for the FY 2011 Edward J. Byrne Justice
Assistance Grant (JAG) Program to reflect increased revenue in the amount of $107,779
which will be utilized to continue the funding of the Mobile Data Terminal (MDT)
program. (Approved by Public Safety and Finance Committees December 12, 2011)
16. Motion to approve the renewal of the State FY 2012 Drug Court Grant Program for the
Augusta Judicial Circuit/Superior Court. (Approved by Public Safety Committee
December 12, 2011)
17. Motion to approve the acceptance of Award Packet for the 2011 Victims of Crime Act
Grant. (Approved by Public Safety Committee December 12, 2011)
FINANCE
18. Motion to approve the request from Fleet Management to use Wright Express Financial
Services as the managed fuel program provider for Augusta-Richmond County vehicles.
(Approve by Finance Committee December 12, 2011)
19. Motion to approve evaluation committee’s recommendation to select MAXIMUS to
perform the 2010 Indirect Cost Allocation Study with the option for four additional years.
(Approved by Finance Committee December 12, 2011)
20. Motion to deny a request from Elizabeth T. Snellings for a refund of property taxes in
the amount of $5,983.14 for the years 2010 and 2011 for the property located at 3006 Lake
Forest Drive. (Approved by Finance Committee December 12, 2011)
21. Motion to approve request for refund for prior years 2009 in the amount of $180.16 and
2010 in the amount of $178.05 for property located at 121 McElmurray Drive. Map/Parcel#
061-2-173-00-0; Owner: Eula Bush Reese. (Approved by Finance Committee December 12,
2011)
22. Motion to approve request for refund for 2010 in the amount of $2,117.21 for COEL
Development Co. Inc., property located at 4519 Frank Warren Drive. (Approved by
Finance Committee December 12, 2011
ENGINEERING SERVICES
23. Motion to approve Capital Project Budget Change Number Four and Supplemental
Agreement Number Six to Rochester and Associates in the amount of $51,535.00 on the
Belair Road Improvements project CPB# 323-041110-201823332. Funding is available in
the project contingency account to be transferred to the project engineering account as
requested by AED. (Approved by Engineering Services Committee December 12, 2011)
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24. Motion to approve cost sharing agreement in an amount not to exceed $8,417.26 with
Sana Ullah and Khaolah Ullah for Alexander Drive sewer system. (Approved by
Engineering Services Committee December 12, 2011)
25. Motion to accept property for easement from Carlton Amerson. (Approved by
Engineering Services Committee December 12, 2011)
26. Motion to approve Indemnity and Encroachment Agreement with Linda Stout.
(Approved by Engineering Services Committee December 12, 2011)
PETITIONS AND COMMUNICATIONS
27. Motion to approve the minutes of the regular meeting of the Commission held
December 6, 2011 and Special Called Meeting held on December 12, 2011.
ADMINISTRATIVE SERVICES
32. Motion to approve application for a National Endowment for the Humanities (NEH)
Planning Grant, which ranges from $40,000 -- $75,000, to assist in the planning of a
Heritage Trail for Laney Walker/Bethlehem (and contiguous neighborhoods in Augusta’s
urban core).
ADMINISTRATOR
35. Motion to authorize the Mayor to execute a consent to an assignment to Georgia Bank
and Trust Company of SPLOST VI Funds originally to be paid to Paine College in
connection with the construction of the Health Education Athletic Learning Complex, in
form as approved by the General Counsel.
36. Motion to approve the recommendation of the Pension and Audit Committee regarding
the calculation of pension benefits.
ATTORNEY
37. Motion to approve the renewal of the agreement between Augusta, GA, Clean Augusta
Downtown Initiative, Inc., (CADI) and Georgia Bank & Trust Company of Augusta.
Mr. Hatney: Note my abstention on alcohol, Madam Clerk, please.
The Clerk: Yes, sir.
Mr. Hatney abstains.
Motion carries 9-0-1. [Items 5-8]
Mr. Guilfoyle abstains.
Motion carries 9-0-1. [Item 9]
Mr. Brigham votes No.
Motion carries 9-1. [Item 20]
Motion carries 10-0. [Items 1-4, 10-19, 21-27, 32, 35, 36, 37]
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Mr. Mayor: Madam Clerk, on to the regular agenda please.
Mr. Brigham: Mr. Mayor.
Mr. Mayor: Yes sir, Commissioner Brigham.
Mr. Brigham: I’d like to be recorded No on Item 20.
Mr. Mayor: Okay.
The Clerk: Mr. Brigham, you’re recording No –
Mr. Brigham: On item 20.
The Clerk: Twenty. Okay.
Mr. Mayor: Okay, Madam Clerk, now on to the regular agenda.
The Clerk:
PUBLIC SERVICES
28. Discussion: consider probation, suspension or revocation of the Alcohol License and
Business License for Ms. Chartara Newman, d/b/a: Club 51/50, 2864 Deans Bridge Road,
for failure to comply with the Augusta-Richmond County Alcohol Ordinance, and
Occupation Tax Ordinance. (No recommendation from Public Services Committee
December 12, 2011)
Mr. Mayor: Do we have somebody to speak to, yes sir.
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Mr. Harris: At our December the 12 Public Services Committee Meeting we asked the
Commission to consider probation, revocation or suspension of the license at 2864 Deans Bridge
Road for failure to comply with the Alcohol Ordinance and the Business Tax Ordinance. On
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September 15 2011 there was a shooting at the location where a young lady lost her life. And
in the subsequent investigation it was found that there was minors there who had been drinking.
And our recommendation to you at that time was 30 days suspension, one-year’s probation. I
think our recommendation is still the same today but you do have the option of considering any
of the three. And if there are any questions as far as the Sheriff’s Department Sgt. Richard Elam
is here to answer those questions. And that’s what we have for you today.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. Since our last meeting I engaged in
conversation with some people affiliated with that particular club. And first of all like I say I
have the utmost sympathy for the young lady whose life was lost as a result of hoodlumism. But
I do believe that the people that run the club have the best intentions. If we close an
establishment every time someone was severely injured we’d have quite a few more businesses
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in Augusta Richmond County close down. You can have the very best intentions, you can have
the best security but every once in a while something is going to slip up. Mr. Harris I think your
recommendation is great but I would like to do if I could I would like to amend that
recommendation somewhat for the simple reason is this is the holiday season and having a
business they have inventory and they probably already have bookings planned and so forth. So
if I could my recommendation would be to give them the suspension you talked about but don’t
start the suspension until 1 February for the 20 days and then after that period of time let the
probation take place. Would you be amenable to that?
Mr. Harris: That’s fine, sir.
Mr. Mayor: Are you putting that in the form of a motion?
Mr. Lockett: I move that this business be allowed to continue its operation as it presently
is until February 1 at which time a 30-day suspension would be imposed and at the end of the 20-
day suspension they would enter into a 12 month of probation.
Mr. Mayor: Is there a second on that? Okay, Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. I too have sympathies for both parties especially
the party that lost a loved one in this matter and it’s unfortunate. And I’ve had several
conversations with young people who are interested in opening night clubs and teen clubs and so
forth and so on and they’re very difficult to manage. A lot of people don’t understand how
difficult it is. But it’s extremely difficult for us to come up and make a decision when somebody
has lost their life to look at the family and say that you know I wish we could fix it and make it
better but we can’t. We can’t replace that person. We can’t bring them back. To those who
have took the necessary steps to try to prevent that from happening is a very difficult situation,
very sticky, tough position to be in. Unfortunately we’ve got some things we’ve got to get
straight up here on this board. We got to come to a conclusion to get some directives to our
departments on how we want these facilities to operate. And it’s unfortunate that you guys
reached out to the Sheriff’s Department and the Marshal’s Department and you didn’t get
anybody to come in and work the club that night. Hopefully if that would’ve happened it
would’ve deterred any negative activity from occurring. It’s unfortunate, it really is. However I
can’t support allowing you guys to reopen. I’m in a tough situation. This is just not an easy
thing to deal with and it’s tough. And I ask all the time do everything possible so that we won’t
be faced with these decisions because it’s extremely difficult for us to make decisions like this
especially you know in your case and I understand your point. You try to get someone out there
but you, it just didn’t happen. They did not come out and work your club that night and so as a
result of it you had some activity that took somebody’s life. Nightclubs can be a great social
after I guess after work environment but in some cases if things are not put in place it can easily
get out of control. It really can. I wish you guys success in the future. You know I don’t know
what this board is going to do here today but I just want to let it be known that I can’t support it
and I just you know I wish there was something more that we could have done to prevent this
from happening. But we’re going to work on it from our perspective on this end and we’re going
to put some things in place hopefully that we won’t have this happen again because we will have
some negatives in place that will prevent you all from even operating if you can’t get an officer
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or either some law enforcement agency there to protect or deter anything like that from
happening. And so ---
Mr. Mayor: Commissioner Johnson, do you want me to recognize you again?
Mr. Johnson: No, I’m done ---
Mr. Mayor: Okay.
Mr. Johnson: --- Mr. Mayor. I just wanted to put that out for the record.
Mr. Mayor: Okay, thank you, sir. Reverend Hatney.
Mr. Hatney: I don’t vote for alcohol pro or con, either way. But I’ve got a real concern
about y’all rationale. Let me just give some experience as one or two. You’ve got folk that got
killed in our church yard. I’m glad y’all didn’t make us close the church. A man got killed at
Captain D’s. You didn’t make them close Captain D’s. Y’all don’t understand what I’m saying.
Be careful with this stuff. Be real, be real. Folk get killed in every kind of organization you
have. You don’t close all them down. Make up your mind. That’s all I’m saying make up your
minds. Folks get killed in school yards. You don’t close them up. That’s all I’m saying. Be
real.
Mr. Mayor: Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. Club owners, where are they? Come up to the
mike.
Mr. Mayor: And if you could state your name and address for the record, please.
Mr. Speaker: Levar Jones, 19 Lumpkin Road.
Mr. Mason: All right, thank you. It’s a tough situation that we find ourselves in. There’s
no doubt in my mind that you didn’t open the club with the idea of somebody getting killed,
okay? That’s a heinous thing no matter how you look at it. I do want you to understand though
that you do have a responsibility to some degree as a business owner even of your parking lot. If
you didn’t know that before I’m informing you now. And I don’t know what’s going to happen
up here but I need you to understand moving forward whether you have a business now, whether
it’s closed down and you get an opportunity later this is a serious situation and I mentioned this
before that we’re dealing with in this community. And if in fact there was an underage teenager
in your club being served alcohol that is a serious issue for every single one of us commissioners
up here I’m sure. It’s awfully difficult for me to hold you completely responsible when we as a
government have not been completely responsible. If we’re required, if we require you to have
security and you don’t have it, that’s your fault. If we don’t require you to have security you’re
trying and it does not happen for whatever reason you still have some culpability but you’re not
totally responsible. Nor can I sit here and say that you’re responsible for the death of that young
lady. And that’s a very unfortunate thing and the families are hurting no matter how much time
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we give you it won’t bring her back. Whether you close for a year whether you close forever or
whether you close for 30 days, it won’t bring her back. There’s nothing that we can do that’s
going to relieve the pain that this family feels, period. You can apologize all day long it does not
matter. We can’t bring her back. Nobody can. So I’ve got to move away from that now. And
now I’ve got to deal with who you are today, where we are today and where we want to go
moving forward. I can’t support killing you and I don’t you had the intent of that young lady
being killed.
Mr. Mayor: Okay, Commissioner Mason, do you need me to recognize you?
Mr. Mason: Once for a second time, Mr. Mayor.
Mr. Mayor: Okay.
Mr. Mason: But I will say this. You have to take your responsibilities seriously because
I take mine seriously up here. There’s no way I can agree with, was there a motion made?
Mr. Mayor: There was by Commissioner Lockett but it wasn’t seconded.
Mr. Mason: Okay, well, I can’t agree with that because if you have people coming in this
is part of the punishment you’ve just got to deal with it. Guess what, you don’t make no money.
So you know giving you an opportunity to make money and wait until after it’s all over with no,
I don’t agree with that either. So giving you the death penalty I don’t necessarily agree with that.
So I’m going to make a substitute motion ---
Mr. Mayor: Doesn’t need to be a substitute since the first primary motion was not
seconded.
Mr. Mason: Oh, okay but I thought you, he made a motion.
Mr. Johnson: I didn’t make a motion.
Mr. Mason:
Oh, you didn’t make one so I’m going to make a primary motion. Instead
of that death penalty right off the bat we’ve heard from the License and Inspection folks. I hold
his opinion very, very respectfully because he’s been doing this business a long time. He’s the
resident expert in terms of that. But the 30 days I can’t go with, period. I will say 90 days what
is my motion and a year probation period. And any instances that happen as a result of your
negligence to give us an opportunity to put some teeth to our ordinances we’ve got to have an
opportunity to put an ordinance together that you don’t have a choice. You must have. If you
don’t have them there guess what, you don’t open. But that’s our responsibility to do. And we
So that’s what we need to do up here so that is my motion for a 90-day
haven’t done that.
suspension with a 90-day suspension and a one year probation.
I don’t know if I’ll get a
second or not. I don’t where we’re at but that’s kind of what I’m looking at because 30 days is
not enough. One year, I can’t see it for total revocation, I can’t see that right now at this point.
Mr. Mayor: Okay, do we have a second to that motion?
12
Mr. Lockett: Mr. Mayor, I want a second with a caveat.
Mr. Mayor: Okay. Commissioner Lockett.
Mr. Lockett: I would like to second Commissioner Mason’s motion for a 90-day
suspension and twelve month probation provided that this action does not become effective until
February 1 giving them an opportunity to delete their inventory and to honor those bookings and
so forth that they have already set up for the holidays.
Mr. Mayor: Mr. Mason, would you like to amend your motion to reflect this?
Mr. Mason: No, I would not and simply because there has to be some form of
repercussion regardless to the fact that he’s not ultimately responsible but there ought to be some
repercussions suffered because there’s some suffering that has happened and that has gone on
that we can repay back I don’t care how you look at it. So, no, I’m not willing to do that. I guess
if I don’t get another second that motion fails but I can’t give them no extra days to make money
and that sort of thing. I just can’t do it.
Mr. Mayor: Okay, do we have a second for the motion?
Mr. Guilfoyle: I’ll second that motion.
Mr. Mayor: Okay, we have a motion and second. Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. Larry, if you could let me ask you a question here.
Mr. Harris. Yes, sir.
Mr. Johnson: I do have some concerns, however, I cannot support either motion at this
point. But if there’s anything we can do to give them a second chance not in this, I’m not talking
about this business but maybe in some future endeavor where this revocation if it goes through
today that they have an opportunity in the future to pretty much start over fresh without having a
mark. Because I understand how you know revocations hold a major part of them ever trying
again for an alcohol license. So is it any ---
Mr. Harris: In that line of work the applicant and the owners would be prohibited for ten
years for applying for another alcohol license. Twelve months for a business license. So
effectively in that business they’re pretty much out of it.
Mr. Mayor: Okay. Commissioner Brigham.
Mr. Brigham: Mr. Mayor, I remember several months ago we had a very similar
situation. Of course the difference was that other nightclub had a lot of other violations. This
one has only had one. But you know I don’t think we can allow people to stay in business and
go out and have nightclubs where people get killed at. I didn’t vote, I re-voted the last time to
13
revocate the license of that club when somebody was killed the first time. That did not pass. It
did come back before us and later that license was revocated because of the activities at that
nightclub. I pray that if we don’t revocate this license that we don’t have another incident that
we come before us where we will revocate this license. I very much, and I don’t think it will
pass I would very much like to put a motion, in fact I think I will.
Mr. Mayor: A substitute motion.
Mr. Brigham: A substitute motion that we revocate this business license.
Mr. Johnson: Second.
Mr. Mayor: Okay. We have a substitute motion and a second and that’s to revoke the
business license. Is that correct Mr. Brigham?
Mr. Brigham: Yes.
Mr. Mayor: Okay. If there’s no further discussion Commissioner’s will now vote by the
substitute sign of voting.
Mr. Aitken, Mr. Mason, Mr. Lockett, Mr. Jackson and Mr. Guilfoyle vote No.
Mr. Hatney abstains.
Motion fails 4-5-1.
Mr. Mayor: Okay, we also have a primary motion that’s been made and properly
seconded. Madam Clerk, for clarity could you read back that motion.
The Clerk: That motion is for a 90-day suspension immediately with a one-year
probation thereafter.
Mr. Mayor: If there’s no further discussion Commissioner’s will now vote by the usual
sign of voting.
Mr. Johnson and Mr. Brigham vote No.
Mr. Hatney abstains.
Motion carries 7-2-1.
Mr. Mayor: Okay, thank you. Madam Clerk, next agenda item please.
The Clerk:
ADMINISTRATIVE SERVICES
29. Motion to approve the 2012 Annual Bid items as follows: (A) Environmental Services,
(B) Recreation, Parks and Facilities – Newman Tennis Center, (C) Marshal’s Department
and (D) RCCI (No recommendation from Administrative Services Committee December
12, 2011)
14
The Clerk: Mr. Mayor, the Attorney also has a companion item and ordinance to amend
the procurement code allowing for the Administrator to approve these items. Item 38.
The Clerk:
ATTORNEY
38. Motion to approve an Ordinance to amend the Augusta, Georgia Code, Article One,
Chapter Ten, relating the procurement of goods and services, so as to clarify the authority
of Administrator to approve annual bids and other products and services not exceeding
$25,000; to repeal all ordinances and parts of Ordinances in conflict herewith: to provide
an effective date and for other purposes as indicated.
Mr. Mayor: Okay. Mr. MacKenzie.
Mr. MacKenzie: At the committee we were asked to look into whether there would be a
need to clarify and language with respect to the Administrator’s authority to approve small
purchases of up to $25,000 and whether there would be a need to change that to make sure that
also includes annual bids of up to $25,000. I did see that the language could be improved so we
did a number of short amendments. There’s actually a redline version attached, item number 38.
If you approve the changes to the code then that would give the Administrator the authority to
approve the initial item 29. That’s why these are companion items if you waive the second
reading for that which takes unanimous consent. Otherwise it would also be appropriate if the
Commission just wanted to approve 29 the Commission now has the authority to do that and you
could take up 38 separately.
Mr. Johnson: Mr. Mayor?
Mr. Mayor: Commissioner Johnson.
Mr. Johnson: Thank you. Andrew, what do we have in place strategically now? Isn’t it,
they have the authority to do it now for $25,000 isn’t it?
Mr. MacKenzie: The code now reflects that the Administrator has authority to enter into
contracts and make purchases up to a maximum of $25,000. However the section that states the
procedure for approving annual bids doesn’t clearly indicate that they Administrator can approve
annual bids of up to $25,000 which is the reason why we did item 38 which is to make that
clarification to give the Administrator the authority to approve annual bids in addition to other
purchases up to $25,000.
Mr. Johnson: Annually. So that’s the only difference it’s annually versus ---
Mr. MacKenzie: Yes.
Mr. Johnson: Okay.
15
Mr. Mayor: Commissioner Bowles.
Mr. Bowles: Thank you, Mr. Mayor. Andrew, does it require any competitive bidding
process or any phone calls to check other pricing or is this?
Mr. MacKenzie: Yes, all purchases over $1,000 require at least three bids and there’s
actually different tiers for higher amounts.
Mr. Bowles: I was just making sure we weren’t trying to circumvent that.
Mr. Jackson: Motion to approve.
Mr. Mason: Second.
Mr. Mayor: We have a motion to approve and a second. Commissioner Brigham then
Commissioner Lockett.
The Clerk: Is that both items? Where are we going?
Mr. Mayor: Commissioner Jackson?
Mr. Jackson: Both items.
The Clerk: Okay.
Mr. Mayor: Commissioner Brigham. You’re good?
Mr. Brigham: Yeah.
Mr. Mayor: Okay. Commissioner Lockett.
Mr. Lockett: Mr. MacKenzie ---
Mr. MacKenzie: Yes, sir.
Mr. Lockett: --- I hate to sound like a broken record but we have discussed this for the
past year. When you are amending or making changes to ordinances you mentioned redline but I
was forced to read and compare side by side the new with the old in order to see where any
changes were. And that is very time consuming. And believe it or not I’m a very busy man. If
you could highlight where the changes are we can look at the changes and don’t have to read the
old plus the new. Just a friendly suggestion during the holiday season and that would be my
New Year’s Resolution.
Mr. Mayor: Okay thank you. We have a motion that’s, Mr. MacKenzie?
16
Mr. MacKenzie: Just briefly. Actually there is a redline version attached to the agenda
item in your package that shows the changes in a concise format as you mentioned. And I
apologize if it wasn’t made clear from the beginning. Maybe you read through it and didn’t get
to that part of it. It’s the very back portion of it. In the book I have right here in the last two
pages.
Mr. Mayor: Okay we have a motion that’s been properly seconded. If there’s no further
discussion Commissioners will now vote by the usual sign of voting.
Motion carries 10-0.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
ADMINISTRATIVE SERVICES
30. Motion to approve assessing a 5% surcharge to all tobacco users currently covered in
the group health insurance plan that choose not to either terminate their tobacco usage or
participate in a tobacco cessation program offered by Augusta, GA, effective March 1,
2012. (No recommendation from Administrative Services Committee December 12, 2011)
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: Mr. Mayor and other Commissioners and those of you that are here. I’d like
to ask somebody a question as to on who’s authority are we practicing underwriting? Because
that’s supposed to be done by the insurance company.
Ms. Kelly: I’m sorry for ---
Mr. Hatney: On whose authority are we setting criteria for underwriting?
Ms. Kelly: Well, this isn’t really considered underwriting.
Mr. Hatney: It is underwriting when you make that kind of statement, yes, it is, ma’am.
Ms. Kelly: Underwriting means ---
Mr. Hatney: Ma’am, I stayed in the business 34 years. I know what underwriting is.
Ms. Kelly: From the insurance perspective underwriting is making certain assumptions
based on (inaudible).
Mr. Hatney: And you got that right. So this body has that right to make certain
assumptions.
Ms. Kelly: Yes, sir.
17
Mr. Hatney: That’s not in the contract which they’re under. They can change the
contract.
Ms. Kelly: Absolutely.
Mr. Hatney: I’m talking about this body here.
Ms. Kelly: Absolutely.
Mr. Hatney: When?
Ms. Kelly: You can change the contract based on federal and state guidelines. And
premium surcharges are up to an employer not up to a carrier, not up to an underwriter.
Mr. Hatney: Then let me ask the question. Why didn’t you all do it, the underwriters?
Ms. Kelly: I’m not an underwriter. I don’t ---
Mr. Hatney: That’s what I’m saying though. Because however that package come out
that restriction is not in there. This body shouldn’t be permitted to do that. They had a chance to
do that when they changed when the 10 month, before the month thing was over they had an
opportunity to do it then. Had lots of time to do that. You don’t wait until the (unintelligible) is
gone to close the barn.
Ms. Kelly: Well, I think one of the things that was a road block in doing it at that time
was making the decision on whether or not you were going stay a fully insured employer or were
you going to move to a self-funded platform.
Mr. Hatney: Well, what decision did they make?
Ms. Kelly: The decision was made to stay fully insured for one more year and start
st
moving to a self-funded platform January 1.
Mr. Hatney: But they are fully insured.
Ms. Kelly: You are fully insured.
Mr. Hatney: So if you are fully insured then as a fully insured entity you cannot change
that work that you’ve agreed upon in the middle of the year.
Ms. Kelly: That’s not correct, actually.
Mr. Hatney: You can’t do that, ma’am.
Ms. Kelly: Yes, you can. You can ---
18
Mr. Hatney: Oh, it ain’t true.
Ms. Kelly: It certainly amends your contract.
Mr. Hatney: The insurance company can do it. This body can’t do it.
Ms. Kelly: The insurance company does not set surcharges. The employer decides
whether or not to set a surcharge. And an employer can change that through the course of the
contract without even, you don’t even report to your carrier that you’re doing ---
Mr. Hatney: Then this body is permitted to act like the Lone Ranger all over again ---
Ms. Kelly: No, no what ---
Mr. Hatney: --- under the authority of the state insurance commission.
Ms. Kelly: I wouldn’t agree.
Mr. Hatney: This body can be fully insured and you’ve got your contract and they ---
Ms. Kelly: They can only ---
Mr. Hatney: --- attach surcharges to it?
Ms. Kelly: Your contract with the carrier only dictates what your benefits are and how
those benefits are going to be paid. What you charge your employees is up to you as the
employer as long as it meets certain federal and state guidelines meaning you cannot charge
more than a certain percentage based on certain federal and state guidelines.
Mr. Hatney: Okay, let me ask you one other question and I’m through.
Ms. Kelly: Certainly.
Mr. Hatney: How can you single out this one when you’ve got all these other? That’s
even worse.
Ms. Kelly: I agree with you. And ---
Mr. Hatney: How do you do that?
Ms. Kelly: Because the state and the federal government tells you what ---
Mr. Hatney: Please don’t mention state and federal government. That’s a dangerous
statement.
19
Ms. Kelly: I’m sorry but unfortunately that’s what we’re dealing with is you have to
operate within the state and federal guidelines ---
Mr. Hatney: We do?
Ms. Kelly: ---and (inaudible) what you’re supposed to.
Mr. Hatney: Okay, thank you.
Mr. Mayor: Okay, Commissioner Mason then Commissioner Brigham and then Mayor
Pro Tem Bowles.
Mr. Mason: All right, thank you, Mr. Mayor. I really don’t have question for you it’s
more of a statement. I definitely can’t support it and I made this clear at the committee meeting.
Any time, let me give you an example. Smoking cigarettes is legal. Eating food is legal.
Drinking alcohol is legal. Why in the world would I discriminate against a smoker because
they’re smoking and they’re costing us insurance money when I got have the world that’s obese
eating way too much and they’re costing us insurance money with heart attacks and every other,
high blood pressure and all that other stuff. I’ve got alcoholics in this city that’s causing us you
know issues, lung issues, kidneys, what have you. So I’m not going to single out one when
they’re all legal to do. But you’re going to single out the one and no one has showed me any
indication any historical data that verifies to me that a smoker costs us more money and an
overeater. Or a smoker costs us more money than a drinker. I don’t see any of that data here to
justify this. So I’m simply going to make a motion we deny it.
Mr. Johnson: Second.
Mr. Mayor: Okay, we have a motion and a second. Commissioner Brigham, you had
your hand up?
Mr. Brigham: Yes, sir. Mr. Mayor, does not the state of Georgia charge a 5% surcharge
to these employees for smoking?
Ms. Kelly: I’m not sure in the state of Georgia charges a surcharge or any other
municipalities.
Mr. Brigham: I know the Board of Education does because my wife’s a school teacher
and I’m on her insurance. So I know it does. So if I’m not mistaken the state of Georgia charges
its employees 5%. Therefore I’m going to make a motion that we approve this.
Mr. Mayor: Substitute motion.
Mr. Brigham: Substitute motion.
Mr. Mayor: Do we have a second on that?
20
Mr. Bowles: I’ll second it.
Mr. Mayor: Okay.
Mr. Bowles: Mr. Mayor?
Mr. Mayor: Mr. Mayor Pro Tem and then Mr. Russell.
Mr. Bowles: Thank you, Mr. Mayor, but as we’ve been going through this smoking ban
discussion in the city of Augusta and how harmful it is to those that people that aren’t inhaling it
but the people next to it. You know the statistics are there that showed that the health care
increasing costs of smokers versus non-smokers. And I agree with Mr. Mason. We need to take
it further and get a no obesity and health risk factors because that’s what’s killing our city right
now is the fact that we’ve increased our premiums $4 million dollars in the last five years with or
health insurance because we have done nothing as a city to get our employees healthy. As you
look across the street at University Hospital when they implemented a true health and wellness
program and have tiers based on health factors, smoking factors. And it’s just the sign of the
times the healthier your work force is not only is the lower the health costs but more productive
days out of the year they’re going to show up for work and less sick days they’re going to take.
So I hope we can get some support for this.
Mr. Mayor: Okay. Mr. Russell?
Mr. Russell: Just to set the stage a little bit though. When we talked about health care
costs several months ago you asked us to take a look at this. We did, this is what we brought
back based on the statistics we have available to us. Obviously it is a policy decision that you
would be asked to make but this was brought back to you because of the wishes of this body to
look at this here basically. Our representative who is our consultant in this area I think has done
a good job in bringing back a recommendation and I would hope that if there’s any displeasure it
be focused at me and not our consultant here.
Mr. Hatney: No displeasure ---
Mr. Mayor: Okay. Commissioner Hatney?
Mr. Russell: I get paid to get displeasured at.
Mr. Hatney: Thanks a lot. In view of the fact that I appreciate your explanation thank
you. So this surcharge here is no different than all the surcharges they charge for the probation
folk if you, let me finish, let me finish. I don’t care who’s making it, let me finish. If this body
has the authority to decide new surcharges then the company, the insurance company’s not doing
it.
Ms. Kelly: Correct.
21
Mr. Hatney: It has nothing to do with the coverage. They’re just charging surcharge to
increase the employee’s amount that they are paying.
Ms. Kelly: Right.
Mr. Hatney: And haven’t given them a raise but once in eight years. So if the surcharge
is going to be attached why don’t you include all of those things that’s in endangerment and
causes premiums to go up? All of it or none.
Ms. Kelly: I love the question and I appreciate having the time to respond to that. Again
and I know you don’t want to hear this but the federal and state government tells you what you
can and can’t charge a surcharge for. I agree with your comment on drinking. Unfortunately
you also have to abide by the Americans with Disabilities Act. In alcoholism there have been
studies obviously to show that it is hereditary and it is not a life style choice. For tobacco usage
study after study after study says it is genetic it is not hereditary it is a life style choice. That’s
why the federal government and state government allows you to penalize insured’s for choosing
to use tobacco products and not being able to penalize them for alcohol abuse or even like you
talked about the weight management because again even obesity can be tied back to hereditary
and genetic disorders so you have to be very careful going down that path.
Mr. Mayor: Do you still have a ---
Mr. Hatney: Yes, ma’am, thank you. You also have to be very careful going down the
hereditary path too because when you say that alcoholism is a hereditary and all these other
things are hereditary you have to be very careful with that because that’s not necessarily true.
See the majority of what we do is learned behavior.
Ms. Kelly: Right and ---
Mr. Hatney: The majority of what we do is learned behavior. Okay, how big a baby get
in there and never been born weighing 50 pounds.
Ms. Kelly: That is correct but again we have to abide by the Americans with Disabilities
Act and that’s what it says.
Mr. Mayor: Okay, we have a, please.
Ms. Kelly: Sure, it’s Lisa Kelly, Wells Fargo Insurance Services Employee Benefits
Consultant.
Mr. Mayor: Thank you. We have a substitute motion that’s been properly seconded to
approve. If there’s no further discussion Commissioners will now vote by the substitute ---
Mr. Lockett: Will Madam Clerk please read the substitute motion, please?
22
The Clerk: The substitute motion was to approve the assessing the 5% surcharge to all
tobacco users.
Mr. Mayor: --- sign of voting.
The Clerk: That motion fails 5-5 with Mr. Aitken ---
Mr. Mayor: No, wait, it ties. I vote in the affirmative.
Mr. Johnson, Mr. Mason, Mr. Lockett, Mr. Hatney and Mr. Smith vote No.
Motion ties 5-5.
The Mayor votes Yes.
Motion Passes 6-5.
Mr. Mayor: Thank you, ma’am. Madam Clerk, next agenda item please.
The Clerk:
ADMINISTRATIVE SERVICES
31. Motion to approve tasking the Administrator with utilizing the procurement process to
solicit the services of an outside forensic auditing firm to perform an audit of the city’s
finances and contractual obligations. The audit must include but not be limited to the
following; (a) TEE Center Parking Garage/Land Acquisition/Associated Leases/Financing,
(b) Utility Department Water Rates for Golf Courses/Other Special Agreements, (c)
Environmental Services Division, (d) Augusta Transit Department Privatization, (e)
Augusta Municipal Golf Course Privatization, (f) Retroactive pay Increases, (g) SPLOST
Fund Projects, and (h) Land Bank. (No recommendation from Administrative Services
Committee December 12, 2011)
Mr. Mayor: Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. I’ve looked at this agenda item and of course I can
appreciate my colleague wanting to take a ---
Mr. Lockett: Excuse me, Mr. Mayor, I know I’m out of order but it’s my agenda. Do I
have an opportunity to speak?
Mr. Mayor: Commissioner Johnson had his hand up first.
Mr. Lockett: It’s my item.
Mr. Mayor: It doesn’t say that it’s your item on there, though, Commissioner, so I was
just recognizing ---
Mr. Lockett: I’ll bet nobody in Augusta was unaware of that.
23
Mr. Mayor: Well, the Chair has the authority to recognize as Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. Again I do appreciate his intent research and due
diligence to try to put forth an initiative to look into some of these departments. However I do
see there are some things on here that I don’t think we need to even focus on right now. I don’t
know there are some things we could look into. But I would like to find out I don’t know if
there’s anybody here that can answer this question but to do a forensic audit exactly how
extensive that is. And not only that as far as time but financially. That’s going to be the key to
even moving forward with any of them.
Mr. Mayor: Mr. Russell.
Mr. Russell: Well, for something this broad a forensic audit would begin to look at
everything that we do in those particular areas. And that would be very time consuming and
very expensive in my mind. We would not know the cost of the item until we went out for an
RFQ or RFP to determine that. And that would give you a number that we would be able to deal
with. My concern is some of the vagueness here. I mean you’re basically saying to look at
Augusta Transit Department and privatization. That’s a big thing to look at. If there are
specific’s within that the individuals thing that have been done wrongly or whatever that’s more
the purpose of a forensic audit to determine wrong doing. Environmental Services Division
that’s pretty broad. If there are areas in there that there are of concern that there’s been wrong
doing once again be in my mind which you should focus the audit at. There are things there that
we’ve budgeted and have been approved by this body that are mentioned. I’m not too sure how
you would audit the vote based on those items basically. SPLOST Fund Projects that goes back
25 or so odd years in that particular format and to do that to go back would be very, very time
consuming and very, very expensive. You know once again if there are areas of specificity that
individuals think we ought to look at if it goes through the process of determining the cost that’s
not inappropriate obviously. But for something this broad in my mind it would be hard to find
somebody that had that wide range of skills because you’re looking at a whole different process
that are there and that could give you a cost. I mean once again if there are items of a specific
nature that somebody thinks has been done wrong that might be the target. Or you might want to
select one of these and go in the route. But once again a forensic audit is there to determine
wrong doing and you need some direction to go in there.
Mr. Lockett: Mr. Mayor, would I be allowed to say anything?
Mr. Mayor: Mr. Johnson still has the floor, Commissioner Lockett. I will recognize you
after he finishes his term.
Mr. Lockett: I appreciate that.
Mr. Johnson: Thank you, Mr. Mayor. Thanks. Fred, that’s what I wanted to kind of get
to the point of. I think we need to be a little bit more specific as far as what project and what
entity we want to look into to kind of feel this thing out and see exactly what we’re dealing with
here. Because it is some issues in some of these areas and I agree. But I think we need to look at
those particular issues and let’s deal with those parse versus such a broad approach because
24
things like the Augusta Municipal Golf Course that’s been privatized now. That’s something
that Transit is a managed department which we outsourced the management of that. So it’s
certain entities here and even SPLOST they’re managed pretty much though Heery. So but I do
know there are certain areas in here I think we could look into I would just like to be a little bit
more specific in the overall approach. Thank you, Mr. Mayor.
Mr. Mayor: Okay. Commissioner Lockett.
Mr. Lockett: Mr. Mayor, I request my four minutes. You know it’s amazing that it’s my
agenda item and everybody’s going to be allowed to speak. Y’all have your talking points, it’s
too broad, it’s too expensive, it’s going to cost a million dollars. Commissioner Lockett’s trying
to send somebody to jail. That’s a bunch of baloney. If you want to know what a forensic audit
is about talk to the person that put it on the agenda. Number one this is items or areas that I say
should be looked at. I never had the intent of all of these done at one time. Never did but I’ll tell
you what I would like to do. I would like to see a forensic audit done on the parking deck, the
TEE Center parking deck. And let me back up a little bit. A forensic audit and I’ve spoken to
several companies that does these, would not necessarily cost you any more than a regular annual
internal audit. It depends on how you want to tweak it. It depends on if you want to buy a Ford
or if you want to buy a Mercedes Benz. It depends on how much depth you want to go into. So
don’t give me that stuff. When you’ve got a government that’s constantly laying off people,
we’re talking about we don’t have enough money we’re ‘x’ amount of dollars in debt. When you
th
purposely go out and buy two parcels of property at the intersection of 13 and Reynolds Street,
th
pay $119,000 for it and trade it for 0.07 acres at the corner of 9 and Reynolds that’s worth about
$40,000. Now you gave it $119,000, two parcels to this little 0.07 acres that worth about
$40,000 because the person that owns the property who is a state senator said I don’t want to
increase my capital gains tax. So you did that and by virtue of doing that you have increased the
value of all the property ---
Mr. Mayor: Commissioner Lockett, let me ask you. When you keep saying you, who are
you referring to? I mean I’m just curious.
Mr. Lockett: Let’s put it this way. The decision makers, the ones that thought the ---
Mr. Mayor: Which would be us.
Mr. Lockett: Most certainly.
Mr. Hatney: That’s who he’s talking about.
Mr. Lockett: I’m talking about us the ones that the minutes said that shows that the land
was going to be donated. Many instances the land is going to be donated. It said the only piece
of property we needed to buy the 0.07 acres. Okay? Now we find out later on that we don’t own
the land we got the air rights. This needs to be investigated. That’s one thing. We investigate
that if we don’t find anything you don’t want to take it to the next level fine. But then if you find
something there will you say well gee whiz there might be something going on wrong with the
Utilities Department. Where the Utilities Department for years and years and years have been
25
giving subsidized water a hundred and forty some dollars a month to Forest Hills Golf Course,
18 holes and at the same time was charging our golf course The Augusta Municipal Golf Course
thousands of dollars. And how do I know that? It’s because a few years back Mr. Beck came
before the Commission wanted to transfer $35,000 to another account so they could pay for
water for that year. So that meant there’s still over $100,000 for water that particular year when
Forest Hills was paying a hundred forty some dollars a month.
Mr. Mayor: One more minute.
Mr. Lockett: We got The First Tee, six holes they are paying a $1,000 a month up to this
date. Hey, something’s wrong there. When you ask the utilities director how do you enter into
these agreements he said I don’t know. I said I bet if you get a forensic audit you’ll find out
won’t you. He said yes. And I can go on and on and on and on and if you all cannot see a need
for that well then you’re in worse shape than Ray Charles. Thank you.
Mr. Mayor: You know, Commissioner Lockett, I’ll just ask please be respectful of your
colleagues. That’s one thing that I would ask and you know to when you say that it’s your
agenda item, yes, it is, but it’s the property of the body. And so I just everybody gets equal time.
So I did want to make ---
Mr. Lockett: Mr. Mayor, if I may say one final comment. If everybody on this
Commission was treated the same this wouldn’t be necessary. But when you try to maneuver ---
Mr. Mayor: And, please, Commissioner Lockett ---
Mr. Lockett: Mr. Mayor, you’re the Chairman.
Mr. Mayor: Yes, I am, and the Chairman calls who can speak and, sir, to make these
accusations I’m just saying I would request that you would treat your colleagues with dignity and
respect.
Mr. Lockett: I treat my colleagues with utmost respect.
Mr. Mayor: Okay. Commissioner Bowles.
Mr. Bowles: Mr. Mayor, just for public information. If we had gone with the land
acquisition the way it was originally drafted up and issued taxable bonds rather than tax exempt
through the air rights it would’ve cost the taxpayers of Augusta $1.7 million dollars in additional
taxes. And so where the breakdown between the Administrator getting back to us and getting the
parking deck built on the land at this point it’s water under the bridge. We saved the taxpayers
basically $2 million dollars and we didn’t have to acquire the land. So I think and it’s still going
be taxable land so I don’t think it’s that bad of a deal.
Mr. Mayor: Okay, would anybody like to make a motion on this? Commissioner
Hatney.
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Mr. Hatney: One comment please. No, and I won’t say this when you’re talking about
respecting your colleagues that sounds good. But if you can’t trust your colleagues you’ve got a
problem. You can talk about respect until the Lord come back but if I can’t trust you to keep
your word from day to day something is drastically wrong here. You spoke about men of
character. You took a sworn oath and some of the biggest liars I’ve ever met sat up here.
Mr. Mayor: Commissioner Hatney ---
Mr. Hatney: I’m just saying, Mr. Mayor ---
Mr. Mayor: We also have a Code of Conduct that we approved that governs this ---
Mr. Hatney: Code of Conduct, my God ---
Mr. Mayor: --- that we approved that governs this body.
Mr. Hatney: --- what does that mean?
Mr. Mayor: This body approved it.
Mr. Hatney: This body has approved a lot of things over the last 36 months that ain’t
legal.
Mr. Mayor: Okay. Commissioner Jackson then Commissioner Mason.
Mr. Jackson: Mr. Mayor, I’d like to make a motion to deny the request of tasking the
Administrator.
Mr. Bowles: Second.
Mr. Mayor: We have a motion and second. Mr. Mason.
Mr. Mason:
Thank you, Mr. Mayor. Obviously you know we clearly have some
disagreement in terms of how we look at this and how we stand. Trust is a big issue and it’s at
the very core of why we are where we are as a government. And that’s very unfortunate. The
fact of the matter is I don’t know if those numbers that you are throwing out today, Mr. Bowles,
are true or not. I would hope that they would be but I’m just hearing it today. And that’s where
the problem comes in at. Maybe if that’s true then that’s a great thing. But in between that time
you and I were both told the same thing. And no one got back to you and I as far as I know.
And so now we’ve done this several times on different issues and then we come back later to say
well it actually was a good thing because here’s the results of that. And so that causes some
dissention and you know we can you know sit here and pretend that it’s not a big issue. It is an
issue because it’s an issue for the community who elected us to be in these particular positions.
So there is a trust issue and we do know that there is some issues with everything that’s listed on
this particular agenda item. And I’m not going to go back down through them because we’ve
already beat that horse to death. What I’m going to do though is make a substitute motion that
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we do begin our forensic audit on the TEE Center parking garage and the land acquisition
associated with it and leave it at that initially. And start looking at, we’ve talked about
accountability. We’ve all talked about that in our campaigns. We’ve talked about transparency
and all of that but very respectfully there’s a number of things that we can point out that don’t
point to transparency or does not point to accountability. So that’s the truth of the matter and so
I’m not here to bash anyone or anything like that but there is some things that are clearly are
some issues within this government that we all stated have been an issue. And so we can’t
Here’s my motion, like I said a substitute motion is to do that
pretend that there’s not.
forensic audit on the TEE Center parking garage land acquisition.
That’s the biggest thing
and issue that we have going on right now. It would be great to get some clarity on that so that
the citizens can feel good and not doing anything I don’t think is the answer because everyone
knows in this community that there’s some things that appear ---
Mr. Mayor: Okay.
Mr. Mason: --- to be not quite right, Mr. Mayor.
Mr. Mayor: Okay, we have a substitute motion and a second. Commissioner Guilfoyle.
Mr. Guilfoyle: Yes, as far as this parking deck naturally it was here before Grady and
myself but we’re catching the tail end of this. The parking deck as far as the contract has not
been let yet. Is that correct?
Mr. Russell: The management contract.
Mr. Guilfoyle: The management contract. But as far as the contract, that’s it, Mr.
Mayor.
Mr. Russell: We’ve got the parking deck ---
Mr. Mayor: Okay, we have a substitute motion and, Madam Clerk, could you read that
back for clarity?
The Clerk: The substitute motion was to proceed with the forensic audit focusing on the
TEE Center and the land acquisition.
Mr. Mayor: Okay, we have a substitute motion that’s been properly seconded.
Commissioners will now vote by the substitute sign of voting.
Mr. Aitken, Mr. Bowles, Mr. Jackson and Mr. Brigham vote No.
Motion carries 6-4.
Mr. Mayor: Okay, Madam Clerk, next agenda item please.
The Clerk:
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FINANCE
33. Update from the Administrator on the 2012 budget.
Mr. Mayor: Mr. Russell?
Mr. Russell: You know let me share with you that governess is a hard thing. And you all
have some of the hardest jobs in the world. Sitting up here and having to make decisions that
impact on people’s lives. And I greatly appreciate that. I’ve worked in governments all my life.
I’ve never seen a situation that we have here in Augusta where we all don’t seem to understand
how this whole thing works sometimes. There are consequences for our actions there are
consequences for our words. There are consequences for the votes we take and there are
consequences for what we do. It’s fairly simple at the end of the day and it’s a nice little
equation that you have to work on there. The 2012 budget was passed in November on the day
that you all had a great deal of controversy I believe. I wasn’t here. It was a time where you
were making decisions and I think you made them in a similar way that we make a lot of
decisions in Augusta. And that’s based on what we hope to be right and what we hope to work
out. And the simple equation that we talked about over and over again in this budget is very
simple that we can’t spend any more than what we have. And hopefully the expenditures equal
the revenues or we have to pull that money from someplace else. Okay? It’s a big budget about
$756 million dollars is what you passed in November. The General Fund the Special Reserve
Fund the capital projects and that’s all there for your information. We’ve been over ad nauseum
and we will continue to have to go over it unfortunately. You divided by function that’s how it
looks. Public Safety gets a big portion of our dollars. Health and Welfare this is just in the
general fund 136 or so odd million dollars that work there. $136 million dollars and that’s just
the general fund by function. You go to the next slide it’s expenditures by category. And you’ll
see very simply that personnel costs and people, their benefits, a portion of their insurance is the
most expensive thing we have. That’s $81 million dollars out of that $136 million dollars.
Contractual services are smaller than that. Operational supplies, energy, electricity that we run
the lights with, fuel we put in the vehicles that all adds up to the general fund budget. But once
again let me emphasize the majority of that is personnel services, people and their benefits.
Government’s a people business we provide service we don’t make anything. Once again in that
general fund we look at it again and again and again and it never changes too much. You
actually have control of about $46 million dollars. Boards have $3.43 million elected officials
which we really don’t have a great deal of control over have $79 million of that dollars and
external agencies have about seventy. The part that you can control that $41 million dollars it’s
divided just like this. General government is about seventeen, public safety here that’s RCCI
and animal control about six million. Public Works is six, Cultural and Recreation is about nine.
Some non-departmental dollars there in operating transfers out. So when you take that $700
million dollars you start out with you start talking about a fairly small amount of money. 2/12
we took the following actions to balance the budget. There’s some additions that we thought and
you thought were appropriate including three attorneys for the Public Defender’s office, the
coroner’s position, an interpreter, DUI Court, the Mayor’s Economic Funding contingency of
about $250,000. And you’ve increased our salaries for the first time in several years by $500.00
a piece for a total of $1,045,506.00. That increase will pretty much be covered by the reduction
in the take home pay because of the increased costs of medical insurance. It’s almost a break
even for the employees and I’m sure they appreciate that. The major things we did we looked at
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a reduction in force through organizational savings and cost reductions across the board. On a
sliding scale of 1 to 4.25%. We had initials conversations of that going up to 6%. We were able
to reduce that to 1.1 to 4.25. Most of that was based on a fund balance appropriation of $2.1
million dollars taken out of the savings account. Let me tell you that the budget like most things
we do around here is fluid, it changes. You might start off with one set of rules but sometimes as
rules are adopted and changed are forces that aren’t in our control. By the reality of the situation
we deal with we might save something on day and three days later it’s been changed because of
those situations outside of our control. And here are two of them you’ve got to face right now.
Insurance Premium Tax a shortfall of $1.1 million dollars that we didn’t budget for because our
population didn’t grow like the rest of the state that insurance check we get is going to be $1.7
million dollars smaller than what it was last year and you’re going to have to make some
provision for that in the Fire Fund. Things change we can’t control it. Just recently in the past
week HED was notified that the federal government made some changes and those changes have
had a negative impact on us and will have a negative impact on what we do. CDBG monies is
reduced by 15% or $316,000. Home Funding was reduced by almost half a million dollars 36%
$443,000. So these are dollars that go out to our community agencies and go out to our
community people to help make Augusta a better place. And those dollars aren’t going to be
there this year to be given out. What that basically does is also cut the administrative funding of
the HED Department by $97,000. That’s the money we use to pay administrations salaries.
We’ve already asked in the budget cuts for $31,000 from that particular agency. The total cuts in
personnel in that agency that we didn’t know about in November when you passed the budget we
didn’t know about that $97,000. We knew about the thirty-one. So you’re looking at
$128,569.00 right there. The decisions we make today are going impact on tomorrow and
sometimes you’ve got to be pennywise and not pound foolish. Within the past couple weeks the
tax assessor has come forth with a program that we think will help improve our digest. That
money wasn’t funded. It’s $85,000 that I will suggest we take out of our capital program
because it’s real simple. The return on investment of that as you look at spectrometry and he’s
had the opportunity to talk to some of you about that. But basically you take the pictures of
several years ago, aerial photographs there’s a program that will compare them against some
pictures of this year that we took and spit out the differences. So if you got a room in the back of
your house that we never taxed you on we’re going to find that in the picture program there and
be able to send people out to do that. It’s not about making people pay more taxes it’s about
taxing adequately and fairly for those people that have made improvements in their houses and
stuff that weren’t known of. Some communities have found houses and some have probably
even found neighborhoods that weren’t taxed. We anticipate based on what other communities
have found a return of investment over that program of about $2 million dollars to be reflected in
the 2013 budget. Now that’s 2400% return of investment based on that. We think that’s a good
idea and we’re going to move forward with that. One of the major things we talked about it
impacts on our employees is the reduction in force. You budged a million dollars there. That
equates to about 34 filled positions being eliminated. That’s based on an average salary and
benefit level of about $30,000 apiece. The higher the salary the less positions. The lower the
salary the more positions that might be included. That thirty-four is a rough guess and we need
to make some decisions fairly quickly on where those positions are coming from. We have list
based simply on the size of the department. The larger departments are losing more people.
That gets us to the thirty-four. For example because of the size of Recreation Parks Facilities
and Cemeteries this will call for them to reduce by nine people. Okay? Others will be listed
30
there too. There’s some reorganizational savings that we talked about in the budget and once
again let me make sure this is loud and clear as you reorganize and require people to be doing
extra duties and reduced staff there’s a compensation factor that comes in there. You cannot ask
people to do more without compensating them for that. Let me say that again just make sure we
understand. You can’t ask people to do more or tell people to do more without adequately
compensating them for that. That’s the directions you gave me that’s the plan that we’re moving
forward with. Those departments included Animal Control, Information Technology,
Engineering and Utilities. Animal Control used a change in scheduling to bring people in that
reduced the overtime. But changing staff scheduling in Animal Control has enabled us to reduce
the overtime cost by $47,000 in 2009 and $25,000 already in 2011. And that’s the kind of smart
thinking we’ve got to use to continue to move forward. We actually scheduled somebody to
work hours they’re here they’re on duty they’re doing other things and reduced the call in’s so
we saved that money. She’s also proposed and you voted to accept the elimination of five vacant
positions for a savings of $67,547.00. And what she wants to do and you approved with doing
with that is to increase the entry level salaries of seven positions. Our Animal Control people are
some of the worse paid people we have. You can’t get good people to work we’re blessed with
the ones that we have but to continue to be blessed with those employees you’re going to have to
pay them a reasonable salary and this would help do that. In addition to that there’s nine that
have increased responsibility because of those losses and that would be an impact of $27,587.00.
What you told us was to find savings and we did that. We’ve 67 not including the overtime
money. We’ve got a cost of $45,999 so in this one department you’ve got a cost savings of
$21,000.00. We’re ahead of the ledger. IT is eliminating and downgrading five vacant positions
with a savings $204,000.00. Once again by eliminating those positions there is a cost to that too.
There’s either work that won’t be done or you spread that work among other people and
additional responsibilities for thirteen positions of a total of $133,292.00 for a net savings of
$71,229.00. Engineering, a similar scenario a savings of $351,000 and an increase of 145 for a
net savings of $206,000.00. And this is money which was programed into the budget that you
passed. Utilities the same thing a little bit bigger numbers but utilities has been a work force that
we’ve got. We got a company in town today that were here today that some of you got to meet
and one of the major reasons they came, Rockwood came was because of the fact that we can
treat their water. Because of the investment you as a group and those people that sat there before
you made in our Utilities Department and the Max Hicks Treatment Plant that company’s here.
That’s a $115 million dollar investment and 80 to 90 new jobs for our community because you
were smart enough to invest dollars in those plants. And that’s why we do those kinds of things.
You know every time we do this we have people asking about the general fund and utilities and
this is a chart that shows that. From the Utilities Department itself the general fund gets
$6,489,900 dollars. That’s about 8.14% of the revenue and those numbers are based on similar
numbers that we use for franchise fees and payment in lieu of taxes for other agencies like the
Power Company and stuff like that that we can legally tax. The sliding scale under departmental
budget the slide basically shows what we’ve got and we looked at a percentage budget to get
those numbers basically. And that’s just simply looking at how big they are. And the
philosophy is that the bigger departments would have more opportunity to meet those cuts to
gross the 30,000 foot level number that we looked at and it’s pretty easy at 30,000 foot to say
let’s reduce by 3% or 4% or 2% because that really doesn’t sound like a whole lot. You know
you’ve $800,000 dollars you take 2% out doesn’t really sound like a big number. But in Exhibit
A which you have in front of you it lists the impact on each of those departments and what it’s
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actually going to cost them that they’ve got to come up with. And this time you made sure that
we include those elected officials that they participate. They only thing that you’ve actually
eliminated from is the Sheriff’s Office from that column. So people that have not been hit in the
past we’re asking them to give money back up out of their budget. And I think that’s fair and
equitable. The question becomes that we need to ask is, are they going to do it because you
really don’t have any control over them other than the purse strings. So if they say we can’t find
our percentage do we cut off their lights in December when they reach that point? That’s a
policy decision that you as a group are going to have to make. You’ve got the list and you can
go through them at ---
Mr. Mayor: Commissioner Hatney, you had a question?
Mr. Hatney: Let me ask you just one question. You mentioned these department budget
reductions here then you’re talking about these folks these various percentages and you’ve
already put this in here. Did you talk to these folks?
Mr. Russell: I’m not ---
Mr. Hatney: You’ve got folks including elected officials and stuff and ---
Mr. Russell: Yes, they’ve been notified.
Mr. Hatney: --- not notified. Have you talked to them?
Mr. Russell: We’ve told them to balance the budget the budget was passed with these
reductions and that’s the conversation we’ve had, yes.
Mr. Hatney: Okay, that ain’t doing nothing for this budget though. That’s all I’m asking.
Thank you.
Mr. Russell: Let’s take an example of what we’ve got here and let’s look at two
examples one of which is an immediate hits. That would be Parks, Recreation and Facilities
that’s a total budget of about $13.3 million dollars. $4 million of that is in facility maintenance
now and $8,684,000.00 is actually in Recreation and Parks. All across the country you’re
finding people in my position standing up in front of a body such as yourself to say very simply
that a reduction in dollars is a reduction in services provided. That’s happening everyplace.
Okay? We’ve been pretty lucky. You know over the last couple of years have been able not to
have that kind of discussion at any great length. There’s been a few things that have changed the
dollars around a little bit. We’ve made some cuts but we haven’t really, really, really haven’t
had to bite the bullet like other people have. It comes now time to bite the bullet. It comes now
time to really make the tough decisions that we talked about having to make in the past. If you
look at the percentage we’re looking at Recreation and Parks loses $369,087 dollars. And
Facilities Maintenance loses $166,814 for a grand total out of that $13 million dollars of about
half a million dollars. Okay? That’s in addition to the reduction in force. Okay? The size of
Recreation takes out nine people in the reduction in force based on our numbers there which is a
total then of eight hundred and some, oh $800,000 dollars out of Parks and Recreation and
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Facilities if you take out those positions. And that still doesn’t take you know the 800, that’s
thirteen million and that’s a pretty big number for getting to at this point in time. It’s $871,302
dollars. Okay? That’s still a number and that’s all it is. Let’s talk about what it means. You
asked the staff to put together some recommendations and that’s what the Recreation and
Facilities staff recommended that we eliminate to meet that $800,000 dollars. We’re closing up
here a lot and here’s another page. Its $871,302 dollars and 14 FDE’s for full time people. You
don’t have to do that I mean that’s not written in stone what we do. That’s just our staff’s
recommendation on how to get to that number.
Mr. Lockett: Mr. Russell, I was trying to find a good point ---
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I was trying to find a good point to ask you a
couple of questions but this sounds like (unintelligible) there soon enough.
Mr. Russell: Mr. Lockett, if you’re going to ask me questions I’d like to wait until the
end because occasionally I get, when you get me off track I might forget to say something that
I’ve got down here and then it comes back much later where I didn’t maybe get a change to say
that even though it might be presented.
Mr. Lockett: I’ll wait until the end.
Mr. Russell: And sometimes it’s you know it creates some confusion here if you don’t
mind, sir.
Mr. Lockett: I don’t mind.
Mr. Russell: Thank you. So this isn’t written in stone. This is just the staff’s
recommendation on what you do. And you don’t have to do anything in Recreation. But you
can come back in the first week of January and say well we don’t want to touch recreation, that’s
too important. But that means I’ve got to find, no, no, no let me take that back. That means
you’ve got to find eight hundred and some thousand dollars someplace else in the government to
take it out. It doesn’t make a whole lot of difference to us what we close in Recreation but we
can’t continue to do what we do now for the money we’ve got to do it with. That’s the crux of
what you’ve got. You know we can, we’re prepared in January to come back and talk about that.
The nice little circle we did before where we said okay you don’t do this we can do this and
whatever. We can do that for each department and I think that’s important because you all need
to be involved in those decisions. If you don’t close the $94,000 dollar one we’ve got to find
that $94,000 dollars someplace else. And that’s a policy decision you all need to help us make or
you go with our recommendations and that’s the conundrum that we see in beginning of the
moment. Engineering a little bit different effect in the Engineering Department because that’s
long term as opposed to something immediate. If we don’t do our maintenance if we don’t
maintain our bridges if we don’t maintain the roads there are long term costs to that that we’ve
got to be very careful about. Very simply the tree program and that’s been a point of contention
for the last several months in the fact that we haven’t cut down some of the trees that we’ve
33
identified as bad and they’ve fallen and that’s cost us money because there’s been legal action
taken. So if you don’t do it up front you end up having to pay for it in the rear end on occasion
and that’s a question you’ve got to look at too as you go forward with that. The reduction in the
Engineering Department only is about $135,000 dollars. The reduction in force there’s five
people that have jobs that will have to go home. You know I asked Abie what he really had to
work with and Abie said you know in a perfect world we’d have about 100% staff. I need ten
people to do what you all expect me to do. He’s got 6.9 now to do that according to our experts
and then you go to 59 from that based on these full requirements. That’s a little bit more than
half of what he thinks he needs to do the job right. What you’re going to see there is some long
term implications and they’re here. That’s where they’re at. There’s liabilities involved if we
don’t do it right. There’s potential loss of federal dollars if we don’t do it right. Two pages of
these and what we’ve got at the bottom of that is the potential cost of what it might cost not to do
it right and that’s about $47 million dollars down the line that we might lose being pennywise
and pound foolish. The next slide is those numbers in a graphic form that you can look at.
Okay? We can do each department like this. It would be my recommendation that those
departments that we have control over we do that early in January because you really know what
you really need to know what those impacts are. Is any of this bad? I don’t know that’s the way
it works. But let me assure you that with ten dollars it only gets ten dollars-worth of product and
that’s all you’re going to get out of it and we have not continued to keep up with that. Dr.
Hatney mentioned a little while ago and when he said that I thought it was more than appropriate
because we haven’t, even our employees raises in a while. There’s been some that have got
money due to the increased duties and responsibilities. But generally speaking the $500.00
dollars that we gave this year was the first time in several years we’ve done that. And you
continue to attract some quality people that you need for the dollars that we’re paying. We’ve
been traditionally somewhat behind the public curve, or the private curve and you know
generally speaking government is like that not only here but other places. No big problem with
that. The question is how far behind do you get and when does that start impacting on your
service. You’re going to be looking at privatization issues and we’re going to be bringing those
to you as quickly as we can put those programs together. But once again that’s not a panacea
that’s going to save the world and that’s something you need to be cognizant about. We’ve
privatized two areas and just based on conversations that we’ve heard in the past hour you know
we’ve got people that aren’t real happy about that. Those are votes that you took and votes that
you made and decisions that you made. You know and the reality is that some of you don’t like
those decisions. Some of you aren’t going to like the decisions that you end up making here and
that’s just the reality of it. But let me assure you that these need to be your decisions or my
decisions and if they’re directed to be mine then don’t get mad at me when I make them or help
me make them as we go forward because as we’ve all said we’re all in this together in some
shape or form and that’s the reality. We need to be flexible because things change. You know I
might say today that we’ve got an additional $1.7 million dollars from the Fire Fund that we’ve
start getting and finding out the rules changed and we don’t have that money. You know that’s
the flexibility we need to have there. That’s the reaction we need to take and it takes us working
together to get this done. It needs to be the will of the body. We’re only here to accomplish that
and to do it the best we can we need that direction. I would suggest to you that when we come
back in early January and not a work session but a Special Called Meeting so we can show you
the other impacts and you help us or help me decide or tell me what you want for us to do as we
move forward with that. This is the worst budget I’ve ever given you. We’ve accomplished
34
much over the years but this budget reflects on the fact that we haven’t kept pace with the cost of
doing business. We’ve been able to skimp we’ve been able to tighten our belts but in this case
we might be eating the leather those belts are made of. We’re not the only people doing that.
Other cities, other companies, there’s other private agencies are doing that. But you need to
make sure that’s what you want to do and if the will’s there to do it because once we go down
that path you can’t come back. Once you make those decisions we don’t really vote until
January, until August on the millage rate and we will try everything we can do to make sure you
have good enough numbers in when that comes around. But be cautious with the fact that you
know while we’re doing better than most we’ve avoided those hard questions for several years
and those questions are here now. And, Commissioner Lockett, I’d like to try to respond to your
questions if you don’t mind.
Mr. Mayor: Commissioner Lockett then Commissioner Guilfoyle.
Mr. Lockett: Thank you, Mr. Chairman. Mr. Russell, I have the utmost respect for you
but you keep saying on a regular basis y’all don’t seem to understand. To me that’s very
condescending and I wish that you and I, I know, I don’t think you mean any malice by it but I
wish you wouldn’t say that because I do indeed understand.
Mr. Russell: Mr. Lockett, I feel the same way when you come back on a regular basis
and say that I’ve done something wrong or you might insinuate that I’ve done that. We’ve got to
have reasonable respect for each other ---
Mr. Lockett: I was getting ready to applaud you, see, and you brought that up. I know
we have what you refer to as a rainy day fund and as far as I’m concerned this is a rainy night in
Georgia. And it’s flooding and I think we need to go there even though we don’t like to because
of mere concern about our bond rates. But when you’ve got one out of every two people in the
United States below the poverty level you’ve got extremely high unemployment in Augusta
Richmond County and we’re just not laying off a person we’re laying off a family. And usually
when you tighten the belt the first thing you start doing is you stop spending. And I just looked
at some of the spending proposals and I see on here a couple that we could save some money.
One is a $100,000 dollars for economic development and you could cut down one of the judges
for the Public Defender’s Office. I mean we could do that. We could save money there. And
another thing I’m concerned with is this reorganization that I oppose and still oppose. I
understand that this new proposed reduction in force is going pull some of those people that were
put in those positions because these departments i.e. Engineering, Environmental picked up
additional duties. But now we got to turn around and leave them with the duties but take some of
the personnel. That’s my understanding. Another thing.
Mr. Mayor: Okay, and Commissioner Lockett, your first two minutes are up. I’m going
to recognize you for another two.
Mr. Lockett: Thank you, I appreciate that, Mr. Mayor.
Mr. Russell: I’d like to apologize I took some of his time.
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Mr. Lockett: I’ve only used one minute then. These time clocks. Now these time clocks
are costly and I’ve talked with lots of people and I haven’t found one person other than maybe
somebody other than the Director who ever that wants those things. And we’re spending money
for those things. That’s something that I think we could pretty well do without. I mean since
these Directors and Supervisors being paid more money they could be more diligent and
determine if their employees are where they’re supposed to be. And last thing is year after year I
understand that personnel is our greatest expense. But year after year the cost of doing business
is constantly going up. And to balance the books we’re constantly losing people. We’re going
to have to come up with a new mechanism to get additional revenues because at the point we’re
going right now we’re not going to have a government left. Thank you, Mr. Mayor.
Mr. Mayor: Thank you. Commissioner Guilfoyle.
Mr. Russell: If I could respond to a couple of those ---
Mr. Mayor: Okay.
Mr. Russell: --- Mr. Mayor. The rainy day fund is there and we’ve done fairly well with
that. That is an avenue for dollars but let me caution you though that as you pay the light bill out
of the savings account that doesn’t last very long. And it’s not prudent to continue to do that.
We’ve got $2 million dollars budgeted to do that. We’ve been lucky in the past but once again
you don’t want to pay the light bill out of the savings account. Several other things you say I
agree with and I have no problem with that. Sometimes I get to be the bearer of bad news and I
think I get the focal point of that and maybe I occasionally get a chip on my shoulder for doing
that.
Mr. Lockett: I forgive you.
Mr. Russell: But it’s not by budget. I’m making recommendations based on what you
give me to work with. So it’s our budget and when you point and say you’re spending this here
when don’t need to that’s a valid opinion that you have. And if you have five friends that will
agree with that opinion we can do away with that and that’s cool. You know but that’s the
problem I run into is that I’ve run into a situation where you told me what to do, here it is and
I’m trying to make as many lemons as much lemonade out of the lemons that we have and
knowing we can’t afford sugar. So you know that’s tough one.
Mr. Mayor: Okay. Commissioner Guilfoyle.
Mr. Guilfoyle: Yes, Fred, thank you for your presentation by the way I know you went
into a lot of debt but one thing that stood out through your presentation was probably one of our
smallest departments which is $1.2, $1.3 million dollars which is Animal Control. Now if we
look at what we expected her to cut was 2% which is right at 26000, she done that and you know
I would recommend this to the other department heads. What can we do to help save money?
Look what this small department is. She over $22,000 in overtime. Now we’re going to have
different department heads coming forth saying that they’re going to want raises I don’t have a
problem supporting that because she’s already showed us the savings as well as the cut in
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positions. And actually they used it in a positive way. Now we’ve got these other departments
that just wants to cut the low drop in group we’ll just close up community center. But he needs
to talk to Tom that he needs to reach out to his directors that’s overseeing these different
community centers as well the employees. They got the knowledge of ways of saving and just
by inputting or listening to the input from the employees you’ll find out it goes a long ways.
And I can promise you one thing Sharon didn’t do this task on her own and didn’t succeed this
far. She actually reached out to her employees and I applaud her for that.
Mr. Russell: She’s done a great job.
Mr. Guilfoyle: She has.
Mr. Russell: And part of what I think that we continually to do is continually modify the
way we do business. You know Tom’s made recommendations based on his professional
opinion, what he thinks the best. As I’ve said previously that’s not written in stone. There are
other ways to gather that money. The question you have particularly in Recreation is you want
80% of some of them or do you want something’s that 100% we do it the best we can. And
that’s a philosophical question that hopefully we’re going to put in front of you at point in the
very near future to talk about.
Mr. Mayor: Okay, do we have any further questions for Mr. Russell?
Mr. Russell: What I would like to do, sir, Mr. Mayor, is have a Special Called Meeting
sometime in the first week of January where we can actually go through more of these
departments at a more detailed level as we’ve done with these two, to tell you what we’re
thinking and get direction to make sure that we’re not going down a path that you don’t want us
to go down.
Can I get a motion to receive this as
Mr. Mayor: And we will make that happen.
information?
Mr. Mason: So moved.
Mr. Johnson: 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.
Motion carries 10-0.
Mr. Mayor: Ladies and Gentlemen, the Christmas spirit has now entered the room.
Madam Clerk, the final agenda item please.
The Clerk:
FINANCE
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34. Consider a request from the Garden City Rescue Mission regarding the abatement of
their property taxes for 2011 for the following properties: 828 Fenwick Street in the
amount of $5,427.79, 834 Fenwick Street in the amount of $82.04, 836 Fenwick Street in the
amount of $75.73 and 838 Fenwick Street in the amount of $302.96. (No recommendation
from Finance Committee December 12, 2011)
Mr. Mayor: Does anyone have a preference on this?
Mr. Johnson: 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 of voting.
Mr. Mason votes No.
Motion carries 9-1.
Mr. Mayor: Okay, if there’s no further business to come before the body I’d like to wish
everybody a Merry Christmas and looking forward to a good 2012. I know we’ve had some
difficult decisions to make. We stand adjourned.
[MEETING ADJOURNED]
Lena Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, herby certify that the above is a true and correct copy of
the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
December 20, 2011.
______________________________
Clerk of Commission
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