HomeMy WebLinkAboutRegular Commission Meeting November 8, 2012
REGULAR MEETING COMMISSION CHAMBER
NOVEMBER 8, 2012
Augusta Richmond County Commission convened at 5:00 p.m., November 8, 2012, the
Hon. Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Lockett, Mason, Smith, Hatney, Aitken, Johnson, Jackson, Bowles
and Brigham, members of Augusta Richmond County Commission.
Absent: Hon. Guilfoyle, member of Augusta Richmond County Commission.
The invocation was given by the Reverend Robert Fain, Pastor Church of the Good
Sheppard.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: And, Reverend, if you could, please come forward I have something for you.
And I always enjoy your sermons on Sunday and I just enjoyed that sermon as well. Thank you
Brother. By these present be it known that Reverend Robert Fain, Pastor Church of the Good
Sheppard Episcopal Church is Chaplain of the Day. For his civic and spiritual guidance
demonstrated throughout the community serves as an example for all of the faith community.
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Given under my hand this 8 Day of November 2012. Deke Copenhaver, Mayor. (APPLAUSE)
Mr. Mayor: Madam Clerk, on to the recognitions, please, ma’am.
The Clerk:
RECOGNITION(S)
Community Champion Award
A. Presentation to investors in the Augusta Housing & Community Development
Department’s New Homebuyer’s Initiative. (Requested by Commissioner Alvin Mason)
Mr. Mason: While they’re coming I just want to tell the reason why I thought that this
would be a great idea. We’re going to recognize, this is a Community Champion Award and
we’re going to recognize those individuals that have invested or reinvested in our community, in
particular in the Laney Walker/Bethlehem area. As many know that this is an area that is a part
of our largest revitalization effort. And I attended a meeting with Housing and Community
Development at Tabernacle Life Center and there were several individuals that was mentioned
that had invested in our community. And that bodes well for the entire community to see our
local citizens invest back into the community. And so I thought it would be very, very
important. And I spoke with Commissioner Aitken and we thought it would be very important to
recognize these folks in front of God and country and the Mayor and everyone to let them know
that we appreciate the investment because there was a lot of work that went into getting this off
the ground. And to have you invest in our community in my mind is a huge, a very huge thing.
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And that bodes well for the future and what we’re, what we’re doing. I also want to take the
opportunity before we start with the awards to thank all the folks at the Housing and Community
Development Department, all the staff all of our partner agencies as well, the Antioch and others,
East Augusta Development. We thank you for partnering with us and understanding the vision
and help us accomplish the vision of what it is that we’re trying to do in this particular area. So
again I say thank you to each and every one of you. We couldn’t have done it without you. But
a very special thank you to each and every one of you that have invested in our community. You
are a true community champion and this is why we’re going to award you here today.
The Clerk: Also for a note of recognition, while the majority of these community
champions are located in the Laney Walker area we do have a few that’s in the Dover Lyman
area which is represented by Commissioner Joe Jackson. We’ll start and share the wording on
our Home Recognition Certificates. In appreciation for your support and investment in the City
of Augusta Home Investment Partnership Program. Your willingness to invest in the City of
Augusta exemplifies your commitment to a vision of strengthening our communities to economic
and community development. Thank you for your outstanding contribution to restoring,
rebuilding and revitalizing Augusta neighborhoods. The City of Augusta recognizes and
applauds your dedication to the Augusta community and your inspiration of others to participate
in the stabilization of our community. Our first recipient is Miss Mincey Anderson. Ms.
Anderson is not in the chamber. Mr. and Mrs. Kevin Connolly. (APPLAUSE) Ms. Connolly is
in Commissioner Jackson’s district. We’d like to acknowledge that. Our third recipient is Ms.
Livingston and Mr. Bowman. Are you in the chamber? Our next recipient Ms. Loretta Harrison.
Ms. Sharon Marshal. Ms. Angela Smith. Ms. Bernistine Strong. Mr. and Mrs. Lawrence
Freeman. (APPLAUSE) Our next recipient Mr. and Mrs. Martin Harper. (APPLAUSE) Our
last recipient in the Home Program Ms. Sheila Ashley. (APPLAUSE) Now we will recognize
those new home buyers in the Laney Walker/Bethlehem Community. In appreciate for your
support and investment in the City of Augusta’s Laney Walker/Bethlehem Community New
Home Buyers Revitalization Initiative. Your willingness to invest in the City of Augusta
exemplifies your commitment to a vision of strengthening our community through economic and
community development. Thank you for your outstanding contribution to restoring, rebuilding
and revitalizing Augusta’s neighborhoods. The City of Augusta recognizes and applauds your
dedication to the Augusta community and your inspiration of others to participate in the
stabilization of these national historic communities. Our first recipient Ms. Sabrina Holmes. Mr.
and Mrs. Clayton Andrews. Ms. Ravina Green. Ms. Nakia Boles. Ms. Boyd. Ms. Adele
Randall. Ms. Anita Coleman. (APPLAUSE) Mr. and Mrs. Fudget. (APPLAUSE) I apologize
for that. Ms. Crystal Samuels. Mr. Neely and Ms. Nicola Turner. That does it, Commissioner
Mason.
Mr. Mason: I don’t know if the Mayor or the other Commissioners (inaudible).
Mr. Mayor: I’ll just make one quick statement with regards to Laney Walker/Bethlehem.
Earlier this year when I was doing my saving the city addresses somebody and I’m speaking for
a civic group and somebody said, well, somebody from the group asked why are my taxpayer
dollars going to fund building houses in the inner city. I said I’m so glad that they asked that.
So when I highlighted what we’re doing in Laney Walker/Bethlehem I said you know it’s being
funded through a dollar increase on the hotel/motel room fee. So it’s visitor dollars that are
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going to fund this. Now we’re seeing a 7-1 private public investment ratio there. It’s added $3.3
million dollars to the tax base that wasn’t there before. People said we’d never sell a house in
these neighborhoods and we can’t build them fast enough. What do you not like about that?
And naturally there was silence. So this is doing great things for the city of Augusta and thanks
to ya’ll for recognizing it. (APPLAUSE)
Mr. Aitken: You know a lot of times you wonder how you change communities and
that’s moving in. And when you move in and you have resources to give back to some of these
tough neighborhoods and that’s what we’re seeing a lot more of downtown. People looking for
housing to give back, we’ve got to have something for people to come back and give a part a part
of it. Recreate some of the neighborhoods that are really gone and bring back (inaudible).
Thank you for investing in that. (APPLAUSE)
Mr. Lockett: For the sake of time I’m going to condense my speech. Congratulations.
(APPLAUSE)
Mr. Mayor: Madam Clerk?
The Clerk:
RECOGNITION(S)
United States 2012 Olympic and Paralympics Games
B. Messrs. George Kitchens and LantzLamback(Requested by Mayor Pro Tem Joe
.
Bowles)
Mr. Bowles: Thank you, Mr. Mayor. This is a, it’s really an honor to be here amongst
these two fine people of Augusta. And what prompted this was a phone call from a dear friend
of mine that prompted this. But it started back a few months ago with Get Fit Augusta program
that I’m working with. And I keep hearing there aren’t enough places and opportunities for
people to exercise. I’m pretty you know concerned about my health of losing my father to a
heart attack, my grandfather to a heart attack and they both had their first heart attacks at 38. So
I know if I don’t take care of myself I’m going to be in that line laying on my back. And I see
things that people do all throughout our community to get healthy and do healthy things and
when I learned the story of George who overcame probably one of the biggest obstacles and he
kind could’ve felt sorry for himself and done nothing with the tragedy that happened to he and
his family. And instead he decided to live a very productive life and I’m getting goose bumps
right now talking about it. Because even though he’s a graduate of Clemson, he graduated from
Clemson and excelled at track and field at Clemson and then qualified this year for the 2012
United States Olympic Team. (APPLAUSE) I’m going to bring this over to the Mayor. George,
I’m second string and the Mayor’s the first string starter so I’ll turn it over to the Mayor and like
to hear a few words from George and (inaudible).
Mr. Mayor: Well, I always believe in recognizing excellence and, George, you’re a fine
example of that locally. You’re somebody for our kids to look up to and I think that that’s a
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great thing. And once again health and wellness are very important to me. Joe inspired me to do
the Half Ironman so he did it the first year we had it. I did it the next two years, challenged him
this year and I was injured so he did it and set the record for local elected officials. You see
we’re both a little competitive but with that I wanted to offer this Certificate of Recognition.
Office of the Mayor. Certificate of Recognition given to George Kitchens, United States
Olympian. For your outstanding achievement and excellence sportsmanlike conduct displayed
during the 2012 Summer Olympic Games, finishing third in the 2012 Olympic Trials long jump
and in 2009 placing fourth in the USA Indoor and third in the USA Outdoor Track and Field
Championships the City of Augusta recognizes your commitment to athletic excellence and
congratulates you for participating in the 2012 London Olympic Games. Given under my hand
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this 8 Day of November 2012. Deke Copenhaver, Mayor. (APPLAUSE)
Mr. Kitchens: Hello everyone. I would like to thank my sister as well as my friends for
being here. E.M. Dubey who is the chair of, would you like to come up as well?
Mr. Speaker: (inaudible).
Mr. Kitchens: Okay. Thank you. He’s the Chair of the Georgia Association for Track
and Field. So it’s you know a pleasure for him to come down from Atlanta and here on this
occasion just to kind of show his commitment to Georgia athletes as well. I would like to thank
the City of Augusta for definitely honoring me for this. You know, you guys, this is where I
started you know this is where I went to school and this where I was born so to have you all give
back to me and show that you all are gracious for the things that I’ve done for you as well as the
things you’ve done for me is truly an honor. Thank you for your recognition and I appreciate it.
(APPLAUSE)
Mr. Speaker: Well, I’d like to thank you know the City of Augusta for letting us take a
few minutes of their time. And I wanted to leave a challenge to both of you, the Mayor and Joe.
Mr. Mayor: Co-Captain.
Mr. Speaker: Co-Captain. Augusta’s got a lot of great athletes. I’ll say this. I coached,
I’ve coached collegians for many years. My first athlete that was a junior championship was
Anita Howard. Anita Howard if you all remember Anita Howard from Augusta and I’ll ask that
you guys do everything in your power to allow these athletes to have an opportunity a venue to
exercise and become the great champions as you know athletes like George, Anita Howard and a
few others that have come before them. So I’ll lay that challenge out to you guys. And um, I
want to give George the USATF Georgia Association 2012 Presidential Award. And it’s in
recognition for his Olympic achievement and his overcoming adversity in making the 2012
Olympic Team. George, thank you very much for your efforts. (APPLAUSE)
Mr. Lockett: Mr. Mayor, I would like to put you and the Mayor Pro Tem on notice.
Your record will be broken next year. I’m in training already.
Mr. Mayor: Madam Clerk, on to the delegations, please, ma’am.
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The Clerk:
DELEGATIONS
C. Dr. Lori Myles regarding South Augusta Bus Transportation.
Mr. Mayor: And if you could keep it to five minutes, please, ma’am.
Dr. Myles: Good Afternoon everyone to our honorable Mayor of course and to the Board
of Commission, the Commissioners and of course the public at hand. I am Dr. Lori Myles, of
course, President of the One Hundred Black Women of Augusta but also a community advocate
and servant to all women to all homebuyers and to basically everyone who’s in need. Of course
this is about the South Augusta Exodus. For those of you who may not know what the South
Augusta Exodus is it is our advent for the community to move our students, to move our
community our children and our families out into the South Augusta area. This has been a good
thing. It is a part of that community development part of the vitalization initiative part of HUD
and other partnerships to help enhance our growing communities and our needs. But it is my
request that you don’t forget to provide access to transportation to this new promised lands South
Augusta. While mentoring one of the young women who had children I found out that one of the
reasons why she was unable to get a job was she asked me how am I going to get the job? I have
no ride, the bus stops at Peach Orchard Road. Also I asked again she had been given the housing
and she had been given the things that she needed but she was unable to be able to get to the job
and back. Your mission states that the Augusta Public Transit exists to give our customers
access to all regions of Augusta Richmond County be providing a quality dependable safe and
accessible as well as affordable transit service thereby enhancing the mobility of the general
public our community. Well, mobility has come to a standstill. There needs to be bus service in
South Augusta. I came up of course after even speaking to the bus riders. I pulled out a map at
Augusta GOV and I also saw two things that alarmed me. One of them was that the main transit
station, it’s okay, that it is off of Broad Street. But most of the community has now moved.
They no longer and they are on their way to being moved out to South Augusta. If we don’t
move this station then at least let’s add to it. I found out that your second station was at Kmart.
But as I looked around if that’s the station it’s only a place to sit. Where’s the building? Who’s
manning it? I’m asking these questions because number one, we have men women and children
that are basing their whole foundation of living off of riding the bus. So I come to you today to
say, yes, the buses should go past Wal-Mart. Yes, the buses should go to Fort Gordon. Yes, the
bus route should include and extend off Deans Bridge Road to Tobacco Road, Windsor Spring
and Peach Orchard. And again whatever it takes they may have mentioned that they have a
seven day pass but the bus does not run on Sunday. And, yes, I do and I still ask these questions
and I ask the humbly to every Commissioner that they look out for as they say they underdog,
the community. Thank you very much for your time and your presence.
Mr. Mayor: Thank you so much.
Mr. Lockett: Mr. Mayor?
Mr. Mayor: Commissioner Bowles, did I see your?
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Mr. Bowles: No, not yet.
Mr. Mayor: Okay. Yes sir, Commissioner Lockett.
Mr. Lockett: Dr. Myles, thank you so very much for your interest in public transit and all
that you do in this community. Your assessment was right on time. I’ve been an advocate for a
long time for better transit in this city. More people will leave automobiles at home. Those that
have automobiles and would take transit if we had it. I’ve been an advocate for transportation to
go to Fort Gordon. It’s really humiliating when you go out to Fort Gordon and go through Gate
5 and you see signs up saying Help Wanted. It is unique that military installations pay their
employees more than you get out here or downtown but they can’t get out there. Being the
second largest city in the State of Georgia there’s no reason that we don’t have a good transit
system and I hope, I would hope that the political wheels to do just that will be in existence with
this body prior to the end of the year. Thank you so very much for your presentation.
Mr. Mayor: Thank you, Commissioner Lockett. Commissioner Mason?
Mr. Mason: Thank you, Mr. Mayor. Miss uh, Dr. Myles, I certainly appreciate you
coming forward today. You more than accurately articulated the issues that we have currently
with transportation. A couple things I want to point out in reference to the transportation and in
reference to Fort Gordon in particular. Many requests or say that they want transportation out to
Fort Gordon. Well, one of the things that prevents that is that there has to be a will from the Fort
Gordon Commanding General as well as the post, the Garrison Commander for that to come out
there. And so it’s not just as simple as running buses to Fort Gordon. We’ve got to get that
going through the will of the command out at Fort Gordon. And there’s some extenuating
circumstances that currently is preventing that right now even if we could do that. So being a
retiree out at Fort Gordon, I’m also working on Fort Gordon. I’ve had those conversations with
the Post Commander as well as the Commanding General and so that’s something that would
take some serious working. But the rest of what you said have been absolutely on point. And
one of the things I want to mention and I hope that this Commission and those that are coming
on would take this very, very seriously because we have the ability to make it happen. Now we
understand transportation is not a money making venture. It’s not a money making venture in
any city, but absolutely, the areas that you mentioned that are without transportation and the
property owners, we pay taxes for transportation but we can’t step out and take a bus if we
wanted to or if we needed to. But more importantly as we move forward and we’re talking about
economic development and growth and bringing in mixed use developments that are removing
housing projects and so forth it becomes imperative at this time to start thinking very seriously
about giving the tools to individuals so that they can be successful. What am I talking about? If
we move folks out of Cherry Tree, when we move folks out of Cherry Tree Housing just like
we’ve done under, please, thank you, just like we did ---
Mr. Mayor: Commissioner Mason.
Mr. Mason: --- just like we did Underwood and other places we have to give them the
tools to be successful. A lot of those folks rely on public transportation for their everyday living
in terms of jobs in terms of going to the grocery store and these types of things. Now we fully
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understand that you’re not going to be able to move anywhere in Augusta with this voucher,
okay? And the most likely place that you’re going to end up is South Augusta or East Augusta.
And if you end up in South Augusta you do not have transportation what that cause? It causes
more issues in terms of crime and other types of things and just being able to have a quality of
life. So why am I saying all of this? I’m saying it because this Commission has the ability and
the authority to make it happen and we need to make it happen if we’re keeping in line with this
mixed use development and growing our community and that whole thing then we’ve got to give
the people the tools to be successful. And that’s what needs to happen off of this Commission.
So I implore my colleagues that we take the lead and we make that necessary regardless to
Mobility or whomever or anybody else. We can make that a priority if we’re going to have our
community be a community of one and a successful community. So I appreciate you coming
forward. It’s absolutely needed and we’ve got to address that issue.
Mr. Mayor: And, Dr. Myles, I just wanted to say sort of echoing and building on the
comments of my colleagues. I appreciate you coming before this Commission. And I’ve said
and to go along with what Commissioner Lockett said we are the second largest city in Georgia
and we need an efficient and effective public transportation system. I’ve long said that you
know a lot of folks look at it as well this is for people who can’t afford cars. That’s not the case.
In recruiting ADP a Fortune 300 company that brought 1,000 jobs to Augusta one of the first
questions asked me was how’s your public transportation system? Same thing with T-Mobile
bringing in 800 jobs. National demographic trends show that millennial 20 and 30 somethings
don’t want cars anymore. You know they want to be able to ride the bus or ride their bikes or
put their bike on a bus. So I concur with my colleagues, I concur with you and I appreciate you
bringing that to our attention. And I believe we can get there. Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. I would just like to, well, first of all, how are you
doing, Dr. Myles? I’ll have you all know this was actually one of my teachers back at Laney.
She looked good and I’ll tell you ---
Mr. Mayor: Still does.
Mr. Johnson: I will say that and I definitely echo the sentiments of my colleagues but I
will say that and I’m going to step out on a limb a say we will get this done. We will get it done.
We have, I truly believe we have if we don’t have we will have the staff to make it happen. And
we understand the need is going there and we got to make sure we provide it. So we’re going to
work on it along with my colleagues and we’re going to make this happen because we realize
how imperative it is. And you’re right. We don’t want it to be something that people have to do
we want it to be a choice, an option you know. And of course what we’re trying to do downtown
and in other areas we want people to feel comfortable riding transit and leaving the Beamers at
home and that kind of gets rid of the cluster and congestion in our inner city. So I applaud you
know your comments here today and thank you for taking a stand to represent these folks.
Mr. Mayor: Thank you for the positive impact ---
Dr. Myles: (inaudible) city of Augusta.
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Mr. Mayor: --- and thank you for the positive impact you had on Commissioner Johnson.
Commissioner Bowles.
Mr. Bowles: This is going to be for Mobility not for you. But I always thought and
people always say that I’m the one that needs the filter between my brain and my mouth but I did
like the comments Corey. I’d like to hear from Mobility because they were brought to Augusta
not to expand the service but to come in and take a look at what was going on and give us some
ideas. So I’d like to hear from them.
Mr. Mayor: Okay, I know we have some ---
Mr. Russell: We have several representatives here and if you’ll introduce yourselves ---
Mr. Mayor: And if ya’ll could keep it to five minutes as well to be fair.
Mr. Speaker: Okay, Mayor. First of all I’ll say good evening, Mayor and
Commissioners. My name is Roosevelt Bradley. I’m happy to be here this evening. As a matter
of fact this is my first time in Augusta. And the reason why I’m here with Mobility I’ve been
submitted as your new General Manager to help with the vision and improvement in transit
service. I have over 35 years of experience in transportation on the public and private side. As a
matter of fact I’m the former Chairman of the Conference of Minority Transportation Officials
out of Washington DC. I was the subsidiary for the Federal Transit Administration job. I have a
consulting firm, I have a small business and I’m putting that on hold to make sure I come here
and take us where we need to go. I understand what you want and where transit needs to be with
my 35 years in transportation. And I know we can get there as you said Commissioners. We’ll
have to make some tough decisions and we need to go to every community. So if you’re looking
for someone, a top gun to come in here and help you reach your vision with mixed use transit or
in development, there are a lot of federal dollars out there to supplement the service. A lot of
state dollars someone that has done it before that can do it again. And I look forward to your
support for helping me be your new General Manager to reach the vision that everyone wants
and to improve the transportation in this community. Thank you.
Mr. Mayor: Okay, thank you, sir. All righty, thanks everybody. Madam Clerk, on to the
next delegation.
The Clerk:
DELEGATIONS
D. Mr. Gary Swint. RE: Introduction of the Director of the Augusta-Richmond County
Library.
Mr. Mayor: Mr. Swint, and if we could keep it to five minutes as well but thank you for
doing this and it was a pleasure meeting you the other day too. You’re on.
Mr. Swint: I would like to thank the Commission for allowing me to introduce Ms. Price.
I would specifically like to thank two of the Commissioners, Alvin Mason who is the
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Commission’s appointee to the Board, a representative to the Board and to Grady Smith for
appointing me to the Board. The search committee for the Library Director was composed of
board members and representatives from the community. We looked at a field of applicants
from across the nation and one from Europe. They determined that the one from Europe was the
best choice. They selected Darlene Price. She is in a way coming home. She’s a native of
Wilkes County. She attended North Carolina Central University and since graduating most of
her career has been spent in Armed Forces libraries but in the states and in Europe. Most
recently as the regional director of Air Force libraries at Ramstein Air Force Base in Germany.
And I also forgot to thank Lena Bonner for being the First Lady of the Commission doing her
always efficient job. And I just hope you will welcome Darlene and offer her your help and
support in the coming years. Thank you. (APPLAUSE)
Ms. Price: Thank you, Gary, for taking up three of my five minutes. Mayor Copenhaver,
Commissioners, and citizens of Augusta-Richmond County, good evening. First of all I want
you to know I am so happy to be back home in Georgia. My roots are not far from here and I
feel like I’m just at home when I’m in Augusta. During the upcoming year in the library
department there are four things that we want to focus on. We want to focus on expanding
programs and services to teens and young adults. We want to enhance our Web presence by
putting more things on our website that people can access from home and they don’t have to
come into the library unless they chose to do so. We want to obtain more funds to support the
renovation and expansion at Maxwell Branch, Friedman Branch and Wallace Branch. And we
also want to place a lot of emphasis on partnering with the community to enhance our
programming and the services offered. And so in the next few months I will be extremely busy
as I knock on the doors of all the Commissioners. I’ve already stopped in on the Mayor. I told
him I found time to meet him you know in spite of my busy schedule. And so I look forward to
meeting all of the Commissioners and so that you can provide guidance to me as to how we can
work together to get things done here in Augusta-Richmond County. And I firmly believe that
education is the passport to the future and we know that libraries play a pivotal role in literacy
and quality of life pursuits. And to that end we serve the people. Thank you. (APPLAUSE)
Mr. Mayor: Thank you, ma’am. And I just before I recognize, I think coming from the
US Air Force Base in Ramstein that we’ve got another top gun on board. So, Fred?
Mr. Russell: Mr. Mayor, just to put you all on notice she came to visit me last week and
spent about two seconds. And the only question she asked was how do I get to Finance? So I
think that’s a good sign at this point. Welcome aboard. Thank you.
Mr. Mayor: Obviously a very smart lady.
Mr. Lockett: Mr. Mayor, may I?
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: I just want to say Ms. Price welcome again. And I just want to let you
know I don’t have an open door policy.
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Mr. Mayor: All righty, Madam Clerk, on that note on to the final delegation.
The Clerk:
DELEGATIONS
E. Presentation from the Augusta Salvation Army. (Requested by Commissioner Corey
Johnson)
Mr. Mayor: Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. Ms. Bonner, they will not be here today. They
asked me to speak on their behalf. After speaking with Ms. Debra McKenzie over at the
Salvation Army of course you know it’s that time of season where people are asked to give a
little bit more to help out those who are less fortunate. And of course you know when you visit
grocery stores and Wal-Mart you see the bell ringers out there ringing the bell to try to of course
solicit donations for the Salvation Army so they can do something to help those who are in need.
And what I just want to say here and I think the sole purpose of this presentation was to
challenge my colleagues. It’s not saying that you have to do it but if you guys can commit, well
put it this way. If you guys can commit to at least one hour at your place of choice to ring the
bell and collect funds for the Salvation Army it would be a great pleasure and I tell you they will
be very grateful for us doing that. So I just want to challenge you all if you can block and hour
out of your schedule just whatever day you chose and whatever location you chose to go out and
ring the bell and ask for support. And you’ll be surprised of the you know the feedback you’re
getting not only for the Salvation Army but for yourself and the kudos that you get the self-
fulfillment in others words that you get for doing something to help those who are in need. So I
just want to put that out there Mr. Mayor and like I said if you all have any questions Ms. Debra
McKenzie is the Director over at the Salvation Army. Please do contact her or you can contact
myself and I’ll be more than happy to make sure that they understand that the hour and the day
that you have available to go out and actually participate in the bell ringing for the Salvation
Army. So again with that I do challenge you all to keep that under your hats. And if you do
have the opportunity to do that by all means take advantage of the opportunity. Thank you, Mr.
Mayor.
Mr. Mayor: And just to go along with what you’re saying Commissioner Johnson and I
completely agree. Each year the bell ringers are on the Augusta Commons for the Christmas
Light Up Spectacular. I always take time to ring the bell down there. So if you can’t get to
another place they’re always looking for bell ringers there on that special occasion. So thank
you taking the lead on that. And, Madam Clerk, before we move on to the consent agenda I just
wanted to take a point of personal privilege and recognize that we have Commissioner Elect
Marion Williams in the room. Commissioner, welcome. Good to see you. (APPLAUSE) On to
the consent agenda, please, ma’am.
The Clerk: Yes, sir. Our consent agenda consist of items 1-18. Items 1-18. For the
benefit of any objectors to the two alcohol petitions once those petitions are read would you
please signify your objection by raising your hand. I call your attention to:
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Item 1: Is a request for a retail package Beer & Wine license to be used in connection
with the Chevron Food Mart located at 202 E. Boundary St, Suite B.
Item 2: Is a request for a retail package Beer & Wine license to be used in connection
with AM PM Convenience Store located at 2262 Rosier Road.
The Clerk: Are there any objectors to either of those alcohol petitions?
Mr. Russell: None noted, Madam Clerk.
The Clerk: Mr. Mayor and members of the Commission, our consent agenda consists of
items 1-18 with no objectors to our alcohol petitions.
Mr. Mayor: Okay gentlemen do you have any additions to the consent agenda? Any
items to be pulled for discussion? Okay, hearing none could I get a motion to approve the
consent agenda?
Mr. Lockett: So moved.
Mr. Jackson: Second.
CONSENT AGENDA
PUBLIC SERVICES
1. Motion to approve New Ownership Application: A.N. 12-41: request by Prashant J.
Pandey for a retail package Beer & Wine license to be used in connection with Chevron
Food Mart located at 202 E. Boundary St, Suite B. District 1. Super District 9. (Approved
by Public Services Committee October 29, 2012)
2. Motion to approve New Application: A.N. 12-42: request by Amarjit Kaur for a retail
package Beer & Wine license to be used in connection with AM PM Convenience Store
located at 2262 Rosier Rd. District 6. Super District 10. (Approved by Public Services
Committee October 29, 2012)
3. Motion to approve an operating budget for the Augusta Municipal Golf Course that will
address anticipated operational expenses for the last quarter of FY 2012. (Approved by
Public Services Committee October 29, 2012)
4. Motion to approve the full service project management and support of HEERY for
Augusta Public Transit’s RFP-11-138 Architectural and Engineering Design for a Transit
Operation and Maintenance Facility for Augusta, Georgia. (Approved by Public Services
Committee October 29, 2012)
5. Motion to provide authorization to Turner Construction Company to award Bid
Package #1, in the amount of $206,131.00, which provides the Cooling Tower and Boiler for
the Augusta, Georgia Municipal Building Renovations and Modernization. Approve by
Public Services Committee October 29, 2012)
6. Motion to approve Change Order #1 to Blair Construction, Inc. in the amount of
$80,102.30 for the outdoor basketball complex at Diamond Lakes Regional Park.
(Approved by Public Services Committee October 29, 2012)
PUBLIC SAFETY
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7. Motion to approve acceptance of grant award to the Richmond County State Court
Accountability Court Programs in the amount of $26,200 for the period of 10/1/12 –
9/30/13. (Approved by Public Safety Committee October 29, 2012)
8. Motion to appoint an ad hoc traffic committee to study the most likely streets and
corridors where the use of Light Transportation Vehicles (LTVs), such as golf carts, would
be reasonably safe to operate (provided adequate signage and separate lanes where
appropriate) and where using them would be consistent with the traffic and planning
needs. The ad hoc committee will be comprised of Traffic Engineer (or representative),
Administrator (or representative), Sheriff (or representative), Director of Planning and
Development (or representative), General Counsel (or representative), representative from
the Convention & Visitors Bureau, E-Z-Go Company, Greenway Alliance, a student from a
local university and a handicapped person from Richmond County. (Approved by Public
Safety Committee October 29, 2012)
FINANCE
9. Motion to approve using the previously allocated $100,000 for improving the old
Augusta Metro Chamber of Commerce Building on Broad Street. (Approved by Finance
Committee October 29, 2012)
10. Motion to approve of budget increase to include revenue and expenses for the GA MPO
Conference to be held on November 29-30, 2012. (Approved by Finance Committee
October 29, 2012)
11. Motion to approve increasing the Disadvantaged Business Enterprise Department
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expenditure level, funding source will be provided by contributions from 5 Annual
Business Expo Platinum Sponsors. (Approved by Finance & Administrative Services
Committee October 29, 2012)
12. Motion to approve transfer of funds to cover Worker’s Compensation claims through
the end of 2012. (Approved by Finance Committee October 29, 2012)
ENGINEERING SERVICES
13. Motion to approve Roadway Lighting Agreement with the Georgia Department of
Transportation along State Route 4 between Government Road and Milledgeville Road as
requested by Traffic Engineering. (Approved by Engineering Services Committee October
29, 2012)
14. Motion to provide approval for Cranston Engineering Group to perform several tasks
relating to the Augusta Canal, license requirements of the FERC and overall safety and
security of the Augusta Canal first level. (Approved by Engineering Services Committee
October 29, 2012)
15. Motion to approve the awarding of low bid #12-189 in the amount of $88,138 to General
Electric Co. (GEXPRO) for street light poles and fixtures for replacements/repairs in the
Augusta Richmond County Urban areas for a period of one year. The funds are available
in the Street Lighting budget account No. 2760416105311640. (Approved by Engineering
Services Committee October 29, 2012)
16. Motion to approve award of Construction Contract to MABUS Brothers Construction
Co., Inc. in the amount of $235,191.53 for Marvin Griffin Road Improvement Project –
PHASE 1 subject to receipt of signed contracts and proper bonds. (Approved by
Engineering Services Committee October 29, 2012)
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PETITIONS AND COMMUNICATIONS
17. Motion to approve the minutes of the regular meeting of the Commission held October
16 and Special Called Meeting held October 22 & 29, 2012.
APPOINTMENTS
18. Motion to approve the appointment of Mr. Randy Wishard to the Augusta Animal
Control Board representing District 2.
Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual
sign of voting.
Mr. Hatney: Ms. Bonner?
Mr. Mayor: Commissioner Bowles.
Mr. Bowles: I’d like to vote no on alcohol. No, I’m just kidding. I’d like to vote no on
number three, please.
Mr. Mayor: Okay. Yes sir, Commissioner Brigham?
Mr. Brigham: Mr. Mayor, I’d like to also be recorded as voting no on Item 3.
The Clerk: I didn’t get that, Mr. Brigham. What was ---
Mr. Brigham: I would like to be also recorded as voting no on Item 3.
The Clerk: Okay, so that’s two on Item 3, Mr. Bowles and Mr. Brigham.
Mr. Mayor: Commissioner Hatney, I just got a little nostalgic. I’m going to miss you
abstaining on alcohol licenses. We’ve only got a couple more times for you to do that.
Mr. Hatney: That’ll be fine.
Mr. Mayor: But you won’t be missing me.
Mr. Hatney: (inaudible)
Mr. Bowles and Mr. Brigham vote No.
Motion carries 7-2. [Item 3]
Mr. Hatney abstains.
Motion carries 8-0-1. [Items 2 and 3]
Motion carries 9-0. [Items 4-18]
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Mr. Mayor: Madam Clerk, on to the regular agenda, please.
The Clerk:
FINANCE
19. Discuss creation of Tax Allocation District 4. (No recommendation from Finance
Committee October 29, 2012)
Mr. Brigham: Mr. Mayor?
Mr. Mayor: Yes sir, Commissioner Brigham.
Mr. Brigham: I see Mr. Plunkett in the room. I would like for him to come up and give
the outline of TAD 4, for the new TAD 4.
Mr. Plunkett: Mr. Mayor, members of the Commission this is a proposal to create a new
TAD known as Tax Allocation District #4. It is predominantly moving from TAD 1 the item
shown of property shown in light green plus the addition of a small tract of land in dark green for
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the east, I’m sorry the western end down by 15 Street. We have had a fair amount of luck in the
creation of TAD 2 and TAD 3 in recruiting businesses and this would be an opportunity to allow
for Tax Allocation Districts to improve the ability to improve businesses in the downtown area.
Typically what’s happened in the last two TADs is that when a entity is interested in coming to
Augusta there’s some, that’s the catalyst to have a TAD created. Mr. T.R. Reddy is the owner of
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the property down at Broad and 5 Street which is the old Days Inn. He is interested in
renovating that project so he contacted the Finance Department about doing that. In discussing
this with Mr. Brigham as the Chairman of the Finance Committee the thought was to expand that
area so that it would allow for other types of businesses to be improved in that area. So that’s
generally what’s going forward. I’ll be happy to answer any questions or I think Mr. Reddy is
here if you all have any questions of him.
Mr. Mayor: Commissioner Lockett.
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Mr. Lockett: Mr. Plunkett, the, I understand down on 15 and Fenwick they don’t have
any concern there. But on Broad and Gordon Highway I know we talked about it for years about
even putting a new hotel there are renovating the one that’s there. But my question is this. With
the Marriott receiving tax breaks or incentives or whatever with the potential of the one on Broad
and Gordon Highway receiving breaks what is that going to do to the other hotel that we have on
Broad Street? What is going to be the impact on them? I don’t know if they’re getting tax
breaks or not but you’ve got the Marriott that’s getting them. This new hotel that we’re talking
about will get them and this hotel we have I guess is what the 600 block of Broad Street which is
going to be competing with them. Now what kind of impact is that going to have on them?
Mr. Plunkett: Sir, I don’t, if it will have any impact.
Mr. Lockett: Was that a part of the thought process?
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Mr. Plunkett: It is, part of the process is that it is an inducement to have new businesses
located into the area.
Mr. Lockett: I understand that part. Don’t get me wrong, I’m not trying to talk over you
but I do have a concern now because Broad and Gordon Highway we’re talking about just that
one parcel.
Mr. Plunkett: Yes, sir.
Mr. Lockett: Right, sure go right ahead.
Mr. Plunkett: There is the potential that if there were redevelopment purposes that are
allowed under redevelopment laws then that facility could potentially do that. Again it’s
constructural issues. It intends to be pre-vertical development versus vertical development
where monies are given or tax credits are given that way. Certainly I assume your referring to
the Miss Ruben’s Hotel you know we’d be happy to talk with here that if there’s things that
would qualify if she was making improvements. Typically what we have done is that any type of
(inaudible) project is that the tax benefits is, does not exceed 10% of the project. So in this case
this is a $6 million dollar project potentially the maximum benefit would be $600,000 dollars
over a number of years. If Ms. Ruben was coming in and doing a million dollar improvement
and it would qualify for redevelopment purposes than she would potentially get $100,000 dollars
of benefits there. We do look at the issue of the impact on existing business. Certainly when
COSTCO was coming in we looked at the cannibalization of sales that there was no need to open
a COSTCO if it was going to cost Sam’s to close.
Mr. Lockett: Right.
Mr. Plunkett: We anticipate and it’s more anecdotal but based on some of things from
talking to (unintelligible) historically with the TEE Center that there’s demand for rooms in the
downtown corridor. So the thought was it may have a momentary or temporary impact when the
hotel opened. But the big picture of it is that the TEE Center should be driving additional room
nights from Ms. Ruben’s hotel plus the Marriott and the need for other hotels within a short
distance such as the old Days Inn. There’s a thought that the hotel rooms out on Washington
Road at Claussen Road are relatively too far for folks to want to stay at the TEE Center. So that
was kind of the impenitence for the idea behind supporting a TAD that would benefit this
particular site. So, yes, sir, I mean I don’t have answers entirely to your question but we did
think about the other hotels in the area.
Mr. Lockett: You know I appreciate your comments and the last thing I’d like to say is
don’t get me wrong I’m very supported of what Mr. Reddy wants to do. In fact I’ve been in
support of doing something on Broad and Gordon Highway for many years. But I just wanted to
make sure that it’s not going to have an adverse impact on anybody else. And you said that you
would talk to the owner. If you would do that I would appreciate it.
Mr. Plunkett: I’d be happy to talk to her. I can’t guarantee there won’t be an adverse
impact because generally any new product it’s more than the old product. So I just don’t know
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that but I also have to issue the price points. Mr. Reddy’s in the $60.00 range and she’s at the
$90.00 dollars range. There’s things like that. But certainly if we could benefit her the tax
dollars already going to the special funds so it’s not an adverse to Augusta. And if we can help
any business downtown hotel or otherwise why wouldn’t we?
Mr. Lockett: I appreciate it.
Mr. Mayor: And I just, go ahead, Mr. Reddy.
Mr. Reddy: We will not take any rooms from the other hotels but we will add rooms to
the Augusta area. When Columbia County people will stay in the Holiday Inn now. There’s no
other Holiday Inn in this area. So actually it will add tax dollars to the city. We will be taking
one cent off of that and giving back to (unintelligible).
Mr. Mayor: And just a quick example of you know this year the Iron Man expanded their
field from 32-3400 athletes, 35. For every athlete they average bringing four people with them.
So they’re looking to expand to 4,000. And it’s you know the Partridge Inn in that event is
packed and they athletes would prefer to stay downtown if possible. So I just think events like
that will pack all the hotels downtown. So thank you for your investment.
Mr. Reddy: (inaudible)
Mr. Jackson: Motion to approve.
Mr. Mayor: Commissioner Jackson wanted to know where the bar was located. And
Commissioner Bowles seconded that.
Mr. Bowles: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign of voting.
Motion Passes 9-0.
Mr. Mayor: Madam Clerk, the final agenda item.
The Clerk:
FINANCE
20. Motion to approve TEE Center contracts (1) Amendment to Leases and Construction,
Operating, and Reciprocal Easement Agreement (2) Agreement for Right of First Refusal
(3) Assignment of TEE Center Management Agreement (4) 4 TEE Center Catering
Agreement (5) TEE Center Reciprocal Easement Agreement (6) DEED. (Referred from
October 16 Commission meeting)
Mr. Mayor: Okay. Mr. Plunkett.
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Mr. Plunkett: Mr. Mayor, previously we brought this to you on a number of occasions. I
had the opportunity to talk to a couple of the Commissioners for some clarifications, those points
that they had questions about. I met with them, worked up some issues there, went through that
with Augusta Riverfront and Paul Simon. I have typed those up into the form of a motion as
well. Most of this was previously seen by them but there’s some edits to that. There was also
two deal points that were problematic from what I’ve heard from Commissioners in the past.
Those two things were the term of the agreement for the management of the TEE Center the
second was the term of the agreement with the catering. A deal has been struck if this body
approves it where the TEE Center Management Agreement will still be fifteen years but either
party will have the right to terminate at the end of five years. The second part of that is the
catering agreement something of a bone of contention because of the perceived ability for the
caterer to shift expenses to Augusta in that regard. One of the proposals that has been thought
about in the past and we resurfaced on that and we had tax approval on this is that the catering
agreement would be for two years. At the end of the first year the parties would meet and confer
and at that point in time the agreement could be terminated. If it was not terminated at that point
it would automatically renew for a success of periods of two years but every year there would be
a meet and confer. Instead of Augusta paying expenses and having some down side risk and
upside risk the caterer would absorb all costs associated with catering that’s food costs, utility
costs labor costs. In exchange what Augusta would receive is the first $400,000 dollars of sales
Augusta would receive no commissions. Between $400 and $500 thousand the next hundred
thousand Augusta would receive 5%. After the next, for the next $250 thousand dollars Augusta
would receive 10% and any sales above that would be 12 ½ %. What this does is while it does
not give us as much upside risk, upside benefit it substantially minimizes the downside risk
which is one of the concerns we’ve heard. Outside of that there’s also the issue of what if the
agreement was terminated early by the caterer. And just in the last couple of minutes we
resolved that issue and that is if the caterer was terminated within the first fifteen years, we
always talk about a fifteen year agreement then they would pay the unamortized value of the
equipment less the properties that they donated to the project. So for instance if the equipment
was worth a million and a half dollars and the land was worth $750,000 dollars there’d be
$750,000 dollars they would pay unamortized over fifteen years. So it does down as the property
goes down in value. But that way Augusta is not holding the bag in that regard. And so there’s
maintenance issue that they would also have to go along with that. I’m happy to go through this
point by point. Alternatively I can show you the summaries of it and go through it however you
like. I’m happy to answer any questions. Predominately the things have been tweaks, very, very
small issues the two deal points I was just discussing were fairly significant. And I think this
body may find them more attractive.
Mr. Mayor: Commissioner Bowles, did you? Okay.
Mr. Bowles: Yeah ---
Mr. Mayor: Commissioner ---
Mr. Bowles: --- Jim, utilities the caterer is going to pay. What utilities are they paying?
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Mr. Plunkett: They would be paying, I think I have copies of this I’ll distribute out to
everyone. They would be paying, gas is already metered separately. They would, we would
make sure that power is metered separately. They would pay labor, they would pay food costs,
they would pay, you know ---
Mr. Bowles: Is that utilities on the kitchen itself or on ---
Mr. Plunkett: On itself.
Mr. Bowles: --- but not the TEE Center Building?
Mr. Plunkett: The TEE Center would pay for its own utilities.
Mr. Bowles: Okay.
Mr. Plunkett: So the rents, the receipts for the rental of the hall would pay for that.
Mr. Bowles: And the food commissions are for strictly for the TEE Center and not the
conference room’s meals.
Mr. Plunkett: That’s correct because under the existing conference room agreement we
receive a commission on those.
Mr. Bowles: Commission on the meals or just, I thought it was the room rentals.
Mr. Plunkett: It’s just the gross receipts. Meals go into the gross receipts.
Mr. Bowles: Okay.
Mr. Plunkett: So this would be the separation of the two facilities in terms of the
commissions.
Mr. Bowles: But we are, in doing this we are forgiving the profits of the caterer for the
TEE Center.
Mr. Plunkett: No, sir. What would happen instead of the profit, if I can draw your
attention this. What we would be doing we would actually be receiving just a commission on
sales. And so in exchange we would not have any downside risk. In other words if it lost money
we don’t have any costs in that regard. I’ve got a spread sheet that may be somewhat illustrative
of numbers that are involved if that may help I’ll try to explain it the best I can.
Mr. Bowles: Yeah, I’m just trying to see how this is an outside catering where you’re
going to make some money in the last budget that I saw.
Mr. Plunkett: All right (inaudible) specifically clear. All right the in house catering is
the idea from the prior budget that was previous distributed out. The initial budget was that sales
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new sales would be $315,000 dollars for a total income of $315,000. The labor costs the food
costs catering fee showed a loss, an expense of $339,000 dollars from the previous schedule.
Mr. Hatney: Three thirty nine.
Mr. Plunkett: No, sir, previously it was $339 because the cost of utilities that is power
was shown on the TEE Center budget okay so that was unstated in there so it artificially reduced
the amount of profit or loss. So realistically the loss under the original budget was $74,000
dollars. Mr. Simon provided a second forecast and said if we increased sales by $400,000
dollars or something like that that the TEE Center, the catering would generate about $124,000
with expenses. Yet again you have the power issue that was going to the TEE Center. So the
profits would be $96,000 dollars. Those numbers of sales of $669,000 I believe exceed what the
Athens facility now serves after ten to twelve years of experience. So that’s probably a max
number of sales for right now. If you outsource the catering the budgeted numbers that is the
$315,000 dollars of sales you would get the credit for the power. So effectively the TEE Center
complex is benefited by $50,000 dollars. You can call it catering you can call it the TEE Center
but they’re now going to pay that bill. However if you were to take the increase sales based on
the forecast and use this 0%, 5%, 10% we would be getting about $21,000 dollars in receipts plus
the revenue. So you would get about $71,000 dollars versus $96,000 dollars. So you lose some
of the upside but you lose that’s $74,000 dollars of downside. The other thing that you gain in
this transaction and by the way I’m not advocating for one or the other I just, but what you gain
in this is that the simplicity that everybody was concerned about shifting expenses you can very
easily verify this is what the sales were multiply it by a percentage and that’s what the number is.
So you’re gaining simplicity and no downside risk in exchange for a little bit of potential upside
loss.
Mr. Bowles: Theoretically there should be flow from this $50,000 dollars in utilities
back over to the TEE Center decreasing $50,000.
Mr. Plunkett: That’s correct because they’re going to pay that bill now as opposed to the
TEE Center. So that was kind of an artificial number. It worked out in the total budget for that
facility because the $50,000 was for the TEE Center.
Mr. Bowles: Just for the record we do have separate meters on the TEE Center and the
conference rooms.
Mr. Plunkett: If there is not a separate meter and there will be. That’s a, right now it’s
being separately metered and I’m sure they can put that into a final permanent meter or whatever
in that regard so we would not be paying that utility cost.
Mr. Bowles: Anybody from HEERY or International here?
Mr. Mayor: Is anybody from HEERY in the ---
Mr. Plunkett: I talked to Jacques Ware about ten days ago about this issue and he said
that Jimmy Bernaise who’s from Georgia Power can make sure that it’s separately metered.
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Mr. Bowles: I see Mr. Gallop here so ---
Mr. Mayor: Mr. Gallop.
Mr. Bowles: --- you’re all on the hook to make sure that the power meters are separated
between the conference rooms and the TEE Center. Okay.
Mr. Mayor: Okay.
Mr. Russell: I just got this from Jacques on the (inaudible) kitchen and they can.
They’re separated.
Mr. Mayor: Commissioner Hatney.
Mr. Hatney: Mr. Plunkett, thank you, Item 2 Agree for First Right of Refusal. Exactly
what are we talking about?
Mr. Plunkett: The property at the end of, if you were facing the TEE Center complex on
Reynolds Street looking toward the river at the left hand side there’s a parking lot. And the
ability for Augusta is if, the facility was designed so that you could expand it to 80,000 feet if
you wanted to. If the hotel complex elected to sell that property to a third party, that parking lot
then Augusta has a Right of Refusal. That is they have the right to buy that property at whatever
those terms where. So that they just can’t go out and it has to be a fair market value sale. But
we have the right to buy it without someone else putting a building on there unless we wanted to
expand, have to condemn the building and take it down.
Mr. Hatney: When you say they have the right to, I’m hearing you and I’m not. My
question again is that if they, that land, in other words you’re suggesting that Augusta does not
own that property.
Mr. Plunkett: No, sir. The flat parking lot in front of Augustino’s, there’s no structure on
there ---
Mr. Hatney: I’m talking about that.
Mr. Plunkett: Okay. We actually have a lease on that for another 35 or 40 years.
Mr. Hatney: Who?
Mr. Plunkett: Augusta does. Yes, sir.
Mr. Mayor: The city.
Mr. Plunkett: The city does. The flat parking uncovered parking space which is at the
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intersection of 10 and Reynolds Street.
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Mr. Hatney: Okay. The other question is you mentioned that I think we left it to two
kitchens and went to one. Is that right?
Mr. Plunkett: Yes, sir.
Mr. Hatney: Okay, the conference center as it is on the second floor right now I think
because you done named the whole thing a conference center because that’s a big old sign on the
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corner of 9 and Reynolds. But what I’m saying though my question is that when you look at
what the conference center I mean the conference center on the second floor the kind of money
it’s bringing in and the city at this juncture only gets 5% of the gross and the whatever
improvements whatever maintenance that’s taken out of the city’s portion. I give a good
example. Last year it was about $28/28,000 dollars but when they took those other costs out that
dropped down to about $12, 13, 14,000 dollars. So we have, are we going to have the same this
year with this?
Mr. Plunkett: Well, I don’t think so, sir. When you’ve got two facilities ---
Mr. Hatney: I understand that. My concern again is that we only get 5% for the
convention center, gross.
Mr. Plunkett: Yes, sir.
Mr. Hatney: And then the, the other folk they get the other, they get 95%. But the,
whether it’s maintenance or whatever the situation is it’s deducted from the amount that the city
gets before the city gets any money at all.
Mr. Plunkett: Yes, sir.
Mr. Hatney: So are going to have the same conglomerate here?
Mr. Plunkett: No, sir.
Mr. Hatney: How do we know?
Mr. Plunkett: Because the deal’s structured different.
Mr. Hatney: It what?
Mr. Plunkett: The deal is structured different. Actually based on a lot of your comments
previously, Mr. Hatney, is how we structured some of the things to make sure those things didn’t
happen.
Mr. Mayor: Okay. Commissioner Mason.
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Mr. Mason: Yes, sir, thank you, Mr. Mayor. Um, of course within this two minutes I’m
definitely not going to have enough time to list all the reasons why I wouldn’t be in support of
this. But there’s a couple of things that I do want to mention that causes some issues for me.
One. Commissioners meeting behind closed doors or whatever to negotiate contracts I have a
fundamental issue with that. I have some factual issues with all of this as well. In addition
bringing in if you want to call them private consultants, government overseers, government
watchers although I believe they’ve done a credible job and have assisted in this process I don’t
know that they were approved by this body to sit in on any meetings offering anything and so
I’ve got a fundamental issue with that. If in fact you’ve mentioned before that these contracts are
so extremely complex and surely they are. It doesn’t compute in my head as to why events
would have even been scheduled without an agreement given the fact by your own admission
that these negotiations are so complex. So what happens is a crisis is manufactured or created
where it did not have to be. Now the one thing that truly bothers me about this whole thing is
that along this whole process going back years and then the process of bringing these agreements
we’ve had, man, I don’t know how many modifications by now, maybe ten or so? But the thing
that really bothers me is that at some point there’s been certain Commissioners that have voted
for every agreement that has come forward. Do you think about where we’d be if we had passed
the very first one that came before us, second one ---
Mr. Mayor: Commissioner, do you want another two?
Mr. Mason: --- Yes, please, second one, third one, fourth one? I don’t know what
number we’re on now but we’ve had multiple changes. But I’m just thinking about where we
would’ve been had we approved the very first one or the second one or the third one. This is this
is disturbing to me. I don’t know what’s going to happen up here today but I just find it, I find it
very unnerving especially for the citizens of Augusta-Richmond County that, okay, now we do
have it in place we’re going to have to do something. There’s no question about it. But all along
the way if it was a great deal at the beginning when you first brought it why do we need ten,
twelve, five six modifications. And oh, by the way, how can someone vote for every one that
comes before us? I don’t get that. And I don’t expect you to answer that but I’m just simply
putting that out as a point of fact for people to think about. There’s been folks that voted for
every single thing you brought before us every time. Now they didn’t pass but they were voted
for.
Mr. Plunkett: I’m happy to respond to your various points if you let me, too. If they’re
rhetorical questions I’m happy not to respond.
Mr. Mason: Yeah, the rhetorical questions, they’re just that.
Mr. Mayor: Okay, and I just want to just for everybody’s benefit you know I know that
contract negotiations are never easy when contracts are this complex. And however we got here
we’re here and having lost the first convention you know the economic impact on that two year
contract was $230,000 dollars per year. So that’s $460,000 dollars that we’ve already lost. My
overarching concern is that these conventions are now watching Augusta. We hit the national
news today and that if we, the long term revenue losses by not being able to get an operating
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agreement in place. I take the emotion out of the decision making process but I just say that just
for everybody’s benefit.
Mr. Mason: Mr. Mayor, if I could. I fully understand what you’re saying. But what I’m
saying is that, you know, I know where we’re at now.
Mr. Mayor: Yeah.
Mr. Mason: What I’m saying basically we didn’t have to be there. But what I’m also
saying moving forward as we do more business we’ve got to watch the way that we do business.
And we can do that we just got to put it in motion. So if we do that we won’t find ourselves in
this type of situation every again.
Mr. Mayor: You and I agree on that. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I’m going to be brief because I completely
concur with what Commissioner Mason has just said. But I do have a couple of questions. You
made reference to this meeting, this illegal meeting that was conducted last Friday. This is
Thursday. Why is it that you are reading or paraphrasing what is on this document that I have
never seen but I know that you’re probably going to expect me to vote on it. I need to see
something in writing. I think you’ve had what six days now since that Friday meeting to provide
that? And another thing. As Commissioner Mason said months ago we were told this is a good
deal, Lord, this is a good deal. All you need to do is vote for it. Had we voted for what was
presented to us months ago we would’ve been in line to put this city into bankruptcy. All of the
changes have been made including the ones that you spoke of today but I’ve been unable to read
because I have a copy it is much better than what we were initially presented as was told it was
good. But it’s still a bad deal. Thank you, Mr. Chairman.
Mr. Mayor: Okay, thank you, sir.
Mr. Plunkett: I was thinking of this question there. First of all, Mr. Lockett, I don’t think
it was an illegal meeting on Friday because there was not a quorum of this body. So I don’t
think there’s an issue there. As far as meetings with Commissioners I have on numerous
occasions said to this body and to the Administrator I’d be more than happy to meet with any
Commissioner at any time they’d like to discuss this. If a Commissioner wished to bring a
constituent I’m happy to talk with them, the constituents. However I’ve also said that I would
not talk to constituents directly. I feel like I represent this body not the individual constituency.
As far, you know, the questions about the people that were there in terms of consultants or
whatever, that meeting was not to negotiate. It was to clarify various points. As far as this being
particularly better versus worse agreement I would like that if you looked at the first contract that
was brought to this body compared to it today predominantly there are clarifications. There are
language versions that people appear to not have a particularly good grasp of what the language
was and we suggested adding language or deleting language to make it more clear. However, I
don’t see the contracts particularly being that much different. However, there have been deal
points that have changed over time. But keeping in mind this body in 2007 said there was a term
agreement and that’s what they wanted to go to. My direction was to either negotiate or write
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down what negotiations were. I did not negotiate the entire agreement. Certainly those things
were done by the Administrator with my consultation. But the point of it is, is that this was a 50-
year agreement that was being incorporated into the conference center agreement. That was
what was approved by this body. Subsequently there’s been changes. I think that the agreement
that was in hand before was a very good agreement. I think the clarifications helped the body
and on the other hand I don’t think they changed the deal points. However, today there are some
deal point changes that have been made at the request of this body or at least some of the
Commissioners asking to be approved. As I said I’m not making a recommendation or have a
preference to which agreement was adhered to. I think they’re both fine. I think they’re a
benefit to the community.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you. Mr. Plunkett, I’m not questioning your ability to be an
outstanding attorney. I know you’re one. But last Monday at our Special Called Meeting I
asked our general counsel whether or not Commissioners and Mayors can negotiate contracts.
Now you may have said that wasn’t a negotiation but they went there and presented information
to you for adjustments to be made and it’s obvious that the adjustments that you’re presenting
today was as a result of the Friday meeting.
Mr. Plunkett: Yes, sir.
Mr. Lockett: We need to, okay, I’m not privy to that because I refused to go. But the
meeting was held and in virtue of that this is what we’ve got today. And, Mr. Plunkett, I don’t
think you can stand here in front of me and say that this government hasn’t saved hundreds of
thousands of dollars since the first agenda item was put on this item. I know they have because
I’ve seen the numbers. And I guarantee you if this thing goes on a little longer we’re going to
save some more because there are so many things in there that’s not benefit, beneficial to
Augusta-Richmond County. I’m concerned about the taxpayers and we’re on the hook and
you’re talking about fifty years and you mentioned fifteen years with being able to renegotiate
after five years. The average company gets probably five years with three years and with the
possibility of two one year extensions. I mean we’re giving away everything except the kitchen
sink and I’d better check it. It might be gone too.
Mr. Mayor: Okay, thank you, sir. Commissioner Jackson.
Mr. Jackson: (inaudible).
Mr. Mayor: Okay, Commissioner Johnson or Commissioner Bowles.
Mr. Johnson: Thank you, Mr. Mayor. I just want to expound a little bit about this issues
that we have with this contract. It has been said that Commissioners are meeting and talking and
negotiating and that’s incorrect. We’re not meeting and talking and I personally had questions
and concerns about this contract just like everybody else up here had. And I wanted to get
clarification and my issue that I had with this contract and the main concern that I have first and
foremost let me say this for the record. I had nothing to do with the original agreement that was
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done five, six years ago. For the record had nothing to do with that. However, the deal that was
presented to us was fifteen years. I know after doing my research that you don’t want to enter
into an agreement for fifteen years on a new facility as the TEE Center. So I talked to Jim about
the terms as I did my colleagues. I was concerned about the terms because at any given time it
gives us an opportunity if this is not working the way we expected it to work we have flexibility
and options to do what is necessary at that time. Now since then we well before let me go back.
The projection we was going to lose about eight, nine hundred thousand dollars a year. We were
concerned about that. We want to minimize our loss so let’s be clear. This is not going to be a
money making entity but the results of it from the conventions and other things can bring money
into the city. What, my main concern was minimizing the losses. If we can minimize from
$800,000 a year to $300 or $400,000 a year that’s a $400,000 dollar savings to the city. That’s
the concern here. We already know this is not a perfect deal. We know that. We had nothing to
do with the original agreement but what we, I was charges to make sure that we minimized the
losses and we make sure that the language is transparent enough that we can understand it and
that the average citizen can understand it. Now I’m not going to sit here and try to defend me
doing that because everybody has a right to do that. You have a right to talk to the Attorney, you
have the right to talk to the Administrator, whomever your concerns are with to get clarification.
Mr. Mayor: Do you want another two?
Mr. Johnson: Yes, sir, thank you. So I’m saying here today that we looked at that. We
looked at the terms. We wanted to make sure that the first term was only five years. I think we
all agreed to that. Since then we’ve had an issue with the caterer. They said look it we’ll do a
two year agreement with the one and one. After the first year you have the opportunity to cancel
it if you don’t like it or you have the flexibility to do whatever. You can’t ask for anything better
than that after one year we don’t know what this center’s going to do. But at least we have some
flexibility after one year to say hey, this is not working this is the numbers and this is what we
need to do. We have the opportunity to do that. We the opportunity in the annual budget and the
other entities so this is just a mere fact to say hey, this is not a perfect document but we still have
other extensions or documents that still have to come before the Commissioner before we can
thoroughly move forward. They can’t, even if we agree to this today they can’t give them the
keys until they get a procedure manual together and until they get the annual budget. There’s
still other things that has to be done before we can move forward. I feel like we’ve done enough
homework to make sure that the terms was shortened, that we minimized the losses and that’s
what we tried to do here. I agree with Commissioner Lockett that this information I just got it
today. We didn’t get any other information no quicker. I just got it today. I’ve asked Jim, he
could share it with everybody and give them an opportunity to look at it because it is a
difference. It’s a big difference. And they made some key changes here in the last, I guess, five
or six hours. But this is the concern that we have. And as I’ve said before we all have the
opportunity to do it so by all means let’s kill all that because what we’re doing is we’re saying is
that somebody was doing something illegal and that was not the case. And it wasn’t unethical.
We simply had issues that we wanted to get addressed and we did that. Thank you, Mr. Mayor.
Mr. Mayor: Commissioner Bowles?
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Mr. Bowles: Thank you, Mr. Mayor. You know being the only Commissioner sitting up
here that put down their issues in black and while and address what my issues are I could stay up
here all day and say what’s been wrong with this deal. But let’s talk about what’s wrong with it
technically and not get into personalities questioning those, the integrities of those that have
voted for this or the, you know, motives behind those that voted for this because we could just as
easily turn around and say what’s the motive of those that have turned and voted against this
every time it’s come up. And I just think it’s wrong to accuse people of voting for things and not
voting for things because you’re questioning your colleagues’ integrity and I don’t think that’s
part of our ethics procedure.
Mr. Mayor: Okay. Commissioner Hatney, I think I’ve recognized you twice but.
Mr. Hatney: No, you haven’t. Not in this one. The one thing that concerns me and
heard the young man say that certainly there’s nothing this and nothing that and nothing that and
nothing that. I have some heartburn behind statements that are made like that. And there was no
way to, there was never allowed to have any means about which we checked into see what it
was. This whole thing has been flipped upside in all kinds of ways ever since it got started. And
I’m not concerned about all these fellows who do what they want to do and but it concerns me
when I hear a Commissioner say that so and so said this and so and so said that and me and my
colleagues. I thought I was one too and you didn’t talk to me, you know. So don’t do that. At
the end of the day there is so many unanswered questions about this whole thing. I mean this
entire thing even how it got started and even the parking deck built on land with a lien on it of $7
million dollars. All that stuff. And then you say, well, this is going to be cleared up, that’s going
to be, there was no evidence of none of this. You know, ya’ll do what you want to do, I ain’t
(unintelligible).
Mr. Mayor: Okay, would somebody care to make a motion on this?
Mr. Bowles: Motion to approve.
Mr. Jackson: Second.
Mr. Mayor: We have and can you read the motion for the, we have a motion to approve
and a second. But just for clarity could you read? Okay, Ms. Bonner, could you?
The Clerk: Read the entire motion or the caption here? There’s two pages, do you want
all of this read into the record?
Mr. Mayor: Do you guys want ---
Mr. Johnson: Well, I think it needs ---
Mr. Mayor: Commissioner Johnson?
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Mr. Johnson: --- the clarifications or changes or whatever that has been done to this
contract. To clarify exactly what has been done. It do need to be put into the minutes so it will
be clear that this is what is taking place and this is what has happened.
Mr. Mayor: Okay.
Mr. Lockett: Mr. Mayor?
Mr. Mayor: It’s two pages, I’ve recognized you twice, Commissioner Lockett.
Mr. Lockett: Point of personal privilege.
Mr. Mayor: Yes, sir.
Mr. Lockett: I’m not going to debate it. I’m just going to ask if there’s any way possible
that I can get a copy of it before I’m required to vote.
Mr. Mayor: Do you have a copy of it there?
Mr. Plunkett: I have what we resolved earlier today. There’s one additional change
that’s hand written because it was resolved in the last ten minutes. But I’d be happy to ---
Mr. Mayor: Okay. Yes, ma’am, please.
: The motion to approve the TEE Center Management Agreement, TEE
The Clerk
Center Catering Agreement, Agreement for Right of First Refusal, TEE Center Reciprocal
Easement Agreement, Amendment to Leases and CORE Agreement, Assignment of the
TEE Center Management Agreement, and Assignment of TEE Center Catering Agreement
as presented to the Commission and authorize the Mayor and Clerk of Commission to
execute same subject to the following changes: 1. Correct Recital B of the Catering
Agreement to reference the Amended and Restated CORE Agreement dated June 21, 1999.
2. Clarify Section 2.1 and 5.9 of the Management Agreement to provide that the Manager
cannot enter into contracts for amounts greater than approved in the Annual Plan or for a
term longer than the remaining term of the Agreement. 3. Modify 3.1 of the Management
Agreement to change the CPI adjustments from “all urban consumers” to the CPI for the
south eastern United States. 4. Modify 4.2 (c) of the Management Agreement to provide
that in the event of termination and that the manager of the TEE Center is different from
the Operator of the Conference Center, that Augusta and the Operator of the Conference
Center will negotiate in good faith a reciprocal agreement addressing ingress/egress
between the two facilities and appropriate indemnity provisions. In the event the parties
cannot agree to such an agreement, then either party may install a two way security door to
be utilized by both facilities to limit access. 5. Section 5.2 of the Management Agreement to
be modified to provide that the policies, practices and procedures relating to accounting
and any future modifications to such accounting policies, practices and procedures shall be
submitted with the Annual Plan or a amendment to the annual Plan, subject to approval by
the Commission in conformity with the method of approving the AnnualPlan. Such
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policies, procedures, Annual Plan, and any proposed amendments thereto shall be
reviewed by Augusta’s internal auditor prior to the submission to the Commission. Such
policies, practices and procedures shall include provisions to account for credits and
rebates and address the methods for allocation and accounting for shared employees. 6.
Provide in the Annual Plan or 5.3 of the Management Agreement how bonuses, if earned,
would be awarded. 7. Clarify that Catering Revenues will be paid over to the Manager for
inclusion in the budget of the TEE Center consistent with the provisions relating to excess
funds in paragraph 2.1 and 6.2 of the Management Agreement. 8. Modify 7.1 of the
Management Agreement to provide that the Manager will meet and confer with the
Finance Department at the request of the Finance Department in a timely manner to
discuss the initial budget and contents of the Annual Plan and annually at the request of
the Finance Department during Augusta’s budget process and during the creation of the
Annual Plan. 9. Modify 7.4 of the Management Agreement to provide that except in
catastrophic circumstances, modifications to the Annual Plan may not be requested more
frequently than quarterly. 10. Clarify 8.1 (b) of the Management Agreement to provide
that the Owner can terminate the agreement in the event Owner does not approve of the
transferee. 11. Provide in the Management and Catering Agreements that the Manager
and Caterer shall not make any disbursements without the approval of the Finance
Department until the accounting policies, practices and procedures are approved by the
Commission. 12. Modify the General Liability Insurance requirement in the TEE Cent
Reciprocal Easement Agreement to provide that the Developer shall only be required to
provide insurance covering Developer’s activities authorized under the agreement and not
covering all activities relating to the TEE Center and any other changes to insurance and
indemnity provision having no substantive impact upon Augusta approved by the General
Counsel. 13. Reflect those changes requested to the Right of First Refusal, TEE Center
Reciprocal Easement Agreement, Assignment of TEE Center Management Agreement and
Assignment of TEE Center Catering Agreement requested by Wells Fargo that do not have
a substantive impact to Augusta as determined by the General Counsel. 14. Revised the
Catering Agreement to provide that Augusta Riverfront or its affiliate shall have an
exclusive, 2 year catering agreement, with the caterer paying for all expenses, including but
not limited to utilities, labor, and maintenance and food costs. Caterer will compensate
Augusta as follows: for gross receipts between $0.00 to $400,000, no fee will be paid to
Augusta. For gross receipts above $400,000 Augusta receives the following: $400,001 to
$500,000 Augusta receives 5% of gross receipts; between $500,001and $750,000, Augusta
will receive 10% of gross receipts; and Augusta to receive 12.5% of all gross receipts of
$750,001 or greater. In the absence of written notice, such Agreement shall automatically
renew for successive periods of 2 years unless a new allocation or receipts is negotiated,
then in such event the revised agreement would then automatically renew. Further, the
parties shall confer at the first year anniversary of the agreement and after the first year of
each renewal, with Augusta having a right at that time to terminate without notice, penalty
or cost. Augusta will not be responsible for replacement of kitchen equipment located in
the Kitchen in the event of termination. In the event the Caterer terminates or otherwise
does not agree to renew the Catering Agreement within 15 years of the execution of the
initial agreement, then the Caterer will pay the difference between (i) the unamortized cost
of the kitchen equipment (based upon a 15 year straight line depreciation) and (ii) the value
of the real property rights, valued as of the date of the initial agreement, donated to the
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RSPD and TEE Center projects. 15. If the catering agreement is terminated, then in such
event, then caterer and Augusta will negotiate an ingress/egress agreement and if it is not
agreed to, then either party can install a two way locking door. 16. The Management
Agreement will be revised to provide for a 15 year term with either party having the right
to terminate at the end of the first 5 years. The terminating party shall have the obligation
to cause, at its cost, the separation of all integrated systems (HVAC, internet, security, etc).
Further, to authorize and ratify the purchase and acceptance of all parcels of land
necessary for the TEE Center and Reynolds Street Parking Deck and to authorize the
Mayor and Clerk of Commission to execute the necessary deeds to the Coliseum Authority
as required under the bond financing. Further, the authorize the Mayor and Clerk of
Commission to execute an assignment of the Conference Center Parking Lease in
substantially the same form as the previously approved Assignment of the Reynolds Street
Parking Deck.
Mr. Mason: Is that it?
The Clerk: That’s it.
Mr. Mayor: Reverend Hatney, you had a point of personal privilege?
Mr. Hatney: Thank you. Thank you. Two things, one, first of all this is not a motion.
This is an addendum to the, adjustments that was made in the contract we have not yet seen.
And are you asking us to vote on something that the Mayor and the Clerk has to sign that is here?
Because there’s nowhere on here, this stuff has to be merged into something. And that’s the
document that the Mayor and the Clerk has to sign. This is not it.
Mr. Plunkett: Sir, those documents represent the first part of that.
Mr. Hatney: I understand but what I’m saying, my question is are you expecting me, sir,
to vote on this to agree to this and this not what the Mayor and the Clerk going to sign.
Mr. Plunkett: It’s authorizing those changes to those agreements that have been
previously ---
Mr. Hatney: Then before you can go forward, are you going to bring the agreement
back?
Mr. Plunkett: This authorizes the Mayor to go ahead and sign it.
Mr. Mayor: Okay, a motion has been made and property seconded.
Mr. Mason: A substitute motion, Mr. Mayor.
Mr. Lockett: Second.
The Clerk: Wait a minute, that was, I didn’t ---
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Mr. Mayor: Well, there was no --
Mr. Mason: The substitute motion is ---
Mr. Mayor: Commissioner Mason.
Mr. Mason: --- yes, sir, the substitute motion to deny. And also on both motions I would
like to get a roll call vote. A substitute motion to deny.
Mr. Mayor: Okay, and that’s been properly seconded by?
Mr. Lockett: Second. I did.
Mr. Mayor: Okay, we will first vote on the substitute motion in roll call vote. Madam
Clerk?
The Clerk: Mr. Aitken.
Mr. Aitken: No.
The Clerk: Mr. Bowles.
Mr. Bowles: No.
The Clerk: Mr. Brigham.
Mr. Brigham: No.
The Clerk: Mr. Guilfoyle is out. Mr. Hatney.
Mr. Hatney: Which one?
The Clerk: The motion to deny. Substitute motion to deny.
Mr. Hatney: Yes.
The Clerk: Mr. Jackson.
Mr. Jackson: No.
The Clerk: Mr. Johnson.
Mr. Johnson: No.
The Clerk: Mr. Lockett.
30
Mr. Lockett: Yes.
The Clerk: Mr. Mason.
Mr. Mason: Yes.
The Clerk: Mr. Smith.
Mr. Smith: No.
Motion fails 3-6.
Mr. Mayor: We will now vote on the primary motion as read so eloquently into the
record by Ms. Bonner who has a lovely reading voice that I’m sure has put many children to
sleep by a roll call vote.
The Clerk: Mr. Aitken.
Mr. Aitken: Yes.
The Clerk: Mr. Bowles.
Mr. Bowles: Yes.
The Clerk: Mr. Brigham.
Mr. Brigham: Yes.
The Clerk: Mr. Hatney.
Mr. Hatney: No.
The Clerk: Mr. Jackson.
Mr. Jackson: Yes.
The Clerk: Mr. Johnson.
Mr. Johnson: Yes.
The Clerk: Mr. Lockett.
Mr. Lockett: No.
The Clerk: Mr. Mason.
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Mr. Mason: No.
The Clerk: Mr. Smith.
Mr. Smith: Yes.
Mr. Hatney, Mr. Mason and Mr. Lockett vote No.
Motion Passes 6-3.
Mr. Mayor: Gentlemen, thank you and with no further business to come before the body
we stand adjourned.
[MEETING ADJOURNED]
Lena Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of The Augusta Richmond County Commission held on
November 8, 2012.
______________________________
Clerk of Commission
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