HomeMy WebLinkAboutRegular Commission Meeting January 15, 2013
REGULAR MEETING COMMISSION CHAMBER
JANUARY 15, 2013
Augusta Richmond County Commission convened at 5:00 p.m., January 15, 2013, the
Hon. Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Mason, Williams, Fennoy, Jackson, Davis and D.
Smith, members of Augusta Richmond County Commission.
Absent: Hons. G. Smith and Johnson, members of Augusta Richmond County
Commission.
The invocation was given by the Reverend Ronald Wright, Pastor, Ebenezer Seventh Day
Adventist Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Pastor, thank you for that wonderful invocation and I’ve got a little
something for you. Office of the Mayor. By these present be it known that Reverend Ronald
Wright, Pastor, Ebenezer Seventh Day Adventist Church is Chaplain of the Day for his civic and
spiritual guidance demonstrated throughout the communities. Serves as an example for all of the
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faith community. Given under my hand this 15 Day of January 2013. Deke Copenhaver,
Mayor. Thank you sir. (APPLAUSE)
Mr. Mayor: And we are going to take a slight change in script and recognize the
employees for years of service right quick.
Mr. Clark: Good afternoon. I’m Ron Clark with the Human Resources Department.
Today we’re going to recognize employees for years of service for outstanding service. On
behalf of the Human Resources Department we want to be able to thank the Mayor and the
members of the Commission, the City Administrator for permitting us to recognize our
employees for outstanding service. But beginning with Terithal L. Wright from the Recreation
and Parks and Facilities Activities for 25 years of service. This way please. (APPLAUSE)
Following, and if you would stand there please we’re going to take a photo in the end. And
following Captain Chester B. Huffman, Jr. of the Sheriff’s Department 30 years of service.
(APPLAUSE) We have only three employees that we’re recognizing today and our final
employee is Ronald E. Williams of the Engineering Department 40 years of service.
(APPLAUSE)
Mr. Mayor: And, Madam Clerk, I’m probably going to head back down after I’ve, but if
we could go on to the next presentation please.
The Clerk: Yes sir.
PRESENTATIONS
A. Presentation of the Digital Cities Award to the Information Technology Department.
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Ms. Debra Russell: Good afternoon. On behalf of the Center for Digital Government
and Digital Communities the center’s local government program we would like to extend our
congratulations to you for a top ten ranking in the 2012 Digital Cities Survey. The Center for
Digital Government based in Fulsome California is a national research and advisory institute on
Information Technology Policies and best practices in state and local government. The center is
a division of the Republic and National Publishing Company. Government Technology and
Public CI are two of their best known publications. The survey recognizes the successful digital
achievements of cities which improve life for government employees and their citizens. The top
ten cities provide the best examples of how information and communication technology are used
to support and provide public service. A few of the things the judges found impressive about the
work being done in Augusta include Augusta’s online GIS Map which gives citizens tools to
search property records, perform comparisons, view photos and sketches with graphic tools and
links to other commercial online mapping services and which won a Real Estate Library Pure
Gold Award. Related to the GIS Map application Augusta rolled out a mobile app called
Augusta Maps which features parcel maps with value, ownership and similar data. The city has
aggressively embraced social media with active web, Facebook, Twitter and Pinterest sites as
well as streaming video. Augusta uses Pinterest for photos of facilities, architecture and events.
The city has also publicly available dashboards for Budget, Finance and crime to help keep
citizens informed. These dashboards are innovative because they use business intelligence
software that allows citizens to analyze and drill down into the data. Augusta also provides an
emergency alerts page where citizens can sign up to receive alerts via phone calls or text
messages. Augusta provides significant public access, wireless networking at city facilities,
recreation department sites and via a downtown wireless network which is privately operated and
self-sustaining. Augusta is planning a 311 based constituent relationship management or CRM
System. When implemented in 2013 the 311 Center will handle and estimated 250,000 calls per
year. Competition is very fierce for this award. There are over 125 cities in the United States in
this population category and over 19,000 incorporated cities nationwide so making the top ten is
a significant achievement. This is Augusta’s third year of winning the award. Also Augusta is
one of only two, two municipalities in Georgia recognized this years. Thank you for the
wonderful information technology services you are providing for your constituents.
(APPLAUSE)
Ms. Allen: This is just a small section our group of the Information Technology
Department. First of all I’d like to thank the Center for Digital Government for again
recognizing us. And, of course, Debra Russell with ATT for coming down to make the
presentation. I’d also like to thank the Administrator and the Mayor and of course our
Commissioners for all the support that they provide as well as the departments who deal with us
on a day to day basis as we continuously push out change. Unfortunately we are the ones that
are titled to do the changing and the change management throughout the organization. And we
take that job seriously and the department supporters in that endeavor. But of course one person
does not make that happen. It takes a team, it takes a great team. A great team gives great
results. Things like this cannot be possible other than you know without the people that make it
happen. And I can assure you that I don’t do it. The people that I have standing with me are the
people that make it happen. These are just like a said a small sector of the Information
Technology Department. But these are the people that make things happen throughout this
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government and I ask that you join me in recognizing them. But these are the ones who make
things happen for us. (APPLAUSE)
Mr. Mayor: And I’ll just, before ya’ll sit down, guys, I’ll just be very brief. I’ve said
time and time again that pound for pound we have the best IT Department in the nation as far as
I’m concerned. This award just highlights that and I want to thank the organization for granting
the award to the City of Augusta. But top ten in the nation, and I know at our Commission
Retreat one of the things we discussed was really highlighting our successes. This is a huge
success. One of the things you always hear nationally is bridging the digital divide. Because of
the work our IT Department is doing here locally we are doing that and becoming the model for
other cities to follow. So the work that you do here can help in other cities throughout the
nation. So I just want to say thank you again. (APPLAUSE) And in that same vein I’m going to
take a quick point of personal privilege before we move along. Somehow this didn’t seem to
make it out there but last year, or last week it was announced that our Laney Walker/Bethlehem
Revitalization Initiative won the 2013 HUD Secretary’s Opportunity and Empowerment Award.
Another nation award. We were one of only two cities in the nation to win that award. And so
I’d just like to give a round of applause to Housing and Neighborhood Development for the
ground breaking work they’re doing as well. (APPLAUSE) And now, Madam Clerk, I believe
we’ve had a request for a deletion of a delegation.
DELEGATIONS
B. Mr. Paul Simon regarding the Reynolds Street Parking Deck Bridge.
PUBLIC SERVICES
11. Motion to approve New Ownership Application: A.N. 13-3: A request by Hemant
Phutane for a retail package Beer & Wine license to be used in connection with SIMI 414,
Inc. DBA C.J. Express #8 located at 3011 Wheeler Rd. District 7. Super District 10.
(Approved by Public Services Committee January 7, 2013)
The Clerk: Yes, sir. We’ve had a request from Mr. Simon for the deletion of Item B.
And also we have a request from the Sheriff’s Department to postpone to the next Commission
meeting Item #11.
Mr. Mayor: Okay. Everybody good with that?
Mr. Williams: Mr. Mayor?
Mr. Mayor: Commissioner Williams.
Mr. Williams: And Mr. Simon has requested to delete the item. Is that what the Clerk
said?
The Clerk: Yes, sir.
Mr. Williams: And in deleting that item what, is that, does that mean it’s coming back
next week, next month or whatever?
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Mr. Mayor: But this is just, he’s requesting not the agenda item just the delegation.
Mr. Williams: Okay I just wanted to be clear what we were deleting.
Mr. Mayor: Okay.
Mr. Williams: Thank you, Mr. Mayor.
Mr. Mayor: Thank you. Okay, Madam Clerk, on to the consent agenda.
The Clerk: Yes, sir. Our consent agenda consists of item 1-32. And under the Planning
portion of the agenda I’ll read the Planning petitions and if anyone has an objection, would you
please signify your objection by raising your hand.
Item 3: Is a request to approve a petition for a Special Exception to establish a Church on
property located at 2334 Boykin Road.
Item 4: Is a request to approve a petition for a Special Exception to establish a sales
office in a model home in Spring Creek Village subdivision on property located at 3001 Spring
Creek Drive.
Item 5: Is a request to approve with the condition that the site plan must conform to the
concept plan submitted with this petition and dated November 16, 2012: a petition for a
modification of conditions placed on the Special Exception in an R-1C (One-family Residential)
Zone (Z-12-38) on property located at 3375 and 3377 Beaver Drive.
Item 6: Is a request to approve a petition for a change of zoning from Zone R-1C (One-
family Residential) to Zone R-1E (One-family Residential) on property consisting of the
following tracts: Tract A is located on addresses 1241, 45, 47 and 49 Wrightsboro Road. Tract
B located at addresses 1215, 1227, 1229 and 37 Wrightsboro Road. Tract C located at 1211
Wrightsboro Road. Tract D located at 1351 Twelfth Street and 1203, 05 and 07 Wrightsboro
Road.
Item 7: Is a request to approve a condition that the petitioner/developer must improve
Elm Street (aka Arabian Horse Drive) to County standard between Flowing Wells Road and the
parcel listed. A petition for a change of zoning from Zone A (Agriculture) to Zone R-3B
(Multiple-family Residential) consisting of the following tracts: Tract A located at 1332 Flowing
Wells Road, 1533 Elm Avenue and 1515-1531 (odd only) Arabian Horse Drive. Tract B located
at 1524 and 1530 Arabian Horse Drive.
Item 8: Is a request to approve a petition for a change of zoning from Zone R-1 (One-
family Residential) and Zone B-2 (General Business) with conditions to Zone B-2 affecting
property located at 116 and 118 Davant Street.
Item 9: Is a request to approve a petition to amend the Comprehensive Zoning Ordinance
by adding to Section 28 (Airport Regulations) regarding height of obstacles to aviation in
Augusta.
The Clerk: Are there any objectors to any of these Planning petitions?
Mr. Russell: None noted, Madam Clerk.
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The Clerk: Okay. Under the Public Services portion of our agenda I’ll read the alcohol
petitions and if there are any objectors would you please signify your objection by raising your
hand.
Item 10: Is a request for an on premise consumption Liquor, Beer & Wine license to be
used in connection with Hill Drug Food and Beverage Company located at 1432 Monte Santo
Avenue subject to the petitioner having an approved site plan that is implemented for adequate
parking.
Item 12: Is to approve a request for a retail package Liquor, Beer & Wine license to be
used in connection with MKC Investments, LLC DBA Wheeler Package located at 3668
Wheeler Road Suite C.
The Clerk: Are there any objectors to either of these petitions?
Mr. Russell: None noted, Madame, oops. Which petition are you objecting to, sir?
Mr. Speaker: (inaudible.)
Mr. Russell: Which specific one ---
Mr. Mayor: No, sir, and you need to be recognized by the Chair.
Mr. Speaker: (inaudible).
Mr. Mayor: Sir, but you ---
Mr. Speaker: (inaudible).
Mr. Russell: You need to be recognized by the Chair.
Mr. Mayor: Sir, it needs to be to a specific agenda item. Are you?
Mr. Speaker: All week long nobody hears (inaudible) and I think it’s wrong (inaudible) -
--
Mr. Mayor: Okay thank you, sir, for your, no, sir we have, we have a protocol and a
procedure.
Mr. Speaker: (inaudible).
Mr. Mayor: Sir, we have a procedure. You can request to come before the Commission
as a delegation. You did not do that.
Mr. Speaker: (inaudible).
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Mr. Mayor: Okay? Thank you, sir.
Mr. Speaker: (inaudible).
Mr. Russell: No objectors to the specific items, ma’am.
The Clerk: Yes, sir.
Mr. Mayor: Okay, do we have any additions to the consent agenda? Does anybody have
a problem with number 36?
Mr. Jackson: No, you’re good.
Mr. Mayor: Thirty-six’s okay?
Mr. Mason: Um, the only question I have on 36, Mr. Mayor, is from the Administrator. I
think there was a matching fund. I mean it’s not a lot but is that, where is that money coming
from Mr. Administrator. I think it’s a matching fund of eight thousand, eight fifteen. Is that
something that we’re footing?
Mr. Russell: It’s a, my guess would be off the top of the head it would be coming from
the budget of the particular area, sir, or it wouldn’t have got this far.
Mr. Mason: Yeah and that’s the only clarity I had. I assumed so but I just wasn’t sure. I
mean I don’t really have a problem with it.
Mr. Mayor: Are we good?
Mr. Russell: Yeah, that would be it.
Mr. Mayor: Okay.
Mr. Russell: That’s it. I’m sorry.
Mr. Mayor: Okay, do we have any items to be pulled for discussion? Commissioner
Guilfoyle.
Mr. Guilfoyle: Yes, may I have 16 and 17 which they are the same, 18, 19 and 20.
Mr. Mayor: Commissioner Jackson.
Mr. Jackson: Yes, sir, thank you, Mr. Mayor. I’d like to pull number 10.
Mr. Mayor: Okay. Hearing none further could I get, Commissioner Lockett.
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Mr. Lockett: I just have a couple of questions on 23 but if you want me to pull it I’ll pull
it.
Mr. Mayor: Okay, do you want to go ahead and ask them?
Mr. Lockett: If I could please.
Mr. Mayor: Okay, please.
Mr. Lockett: On number 23 I’d just like to know what is the anticipated annual cost and
where are the funds going to come from?
Mr. Russell: The beautification project is going to be one that we enter into a
public/private partnership with so there should be no cost to the city for the beautification. As
you know the long term plan for that would be included in our highway management plan that
we that would be there. I’d be, I couldn’t give you a number there but as far as the long term
beautification costs it would be part of the public/private partnerships that we develop. And
we’ve already got somebody that’s interested in partnering with us to cover those costs.
Mr. Lockett: There won’t be any of the costs that come from the general fund. Is that
correct?
Mr. Russell: That’s correct.
Mr. Lockett: Thank you. Thank you, Mr. Chairman.
Mr. Mayor: Thank you, sir. If there’s nothing further could I get a motion to approve the
consent agenda?
Mr. Lockett: Move to approve.
Mr. Jackson: Second.
CONSENT AGENDA
PLANNING
1. FINAL PLAT – THE LAKES AT RAES CREEK, Phase 2-E – S-696-II-E – A request
for concurrence with the Augusta Georgia Planning Commission to approve a petition
from Southern Partners, on behalf of Terranova Development, requesting final plat
approval for The Lakes at Raes Creek, Ph. 2-E. This residential townhome subdivision is
located on Brookstone Way and contains 8 lots.
2. FINAL PLAT – WILLHAVEN, PHASE 3, SECTION 3-S 822-III – A request for
concurrence with the Augusta Georgia Planning Commission to approve a petition by
Brewer and Dudley, on behalf of Brent Scarborough & Co., requesting final plat approval
for Willhaven, Ph. 3, Sec. This residential subdivision is located on Huntcliffe Drive at
Waverly Lane and contains 26 lots.
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3. Z-12-70 – A request for concurrence with the Augusta Georgia Planning Commission to
approve a petition by Heavenly Bound Church of God in Christ, on behalf of Terry
Simmons, requesting a Special Exception to establish a Church per Section 26-1(a) of the
Comprehensive Zoning Ordinance affecting property containing approximately 2.30 acres
and is known as 2334 Boykin Road. (Tax Map 167-0-010-03-0) DISTRICT 6
4. Z-13-01 – A request for concurrence with the Augusta Georgia Planning Commission to
approve a petition by Wilson Parker Homes requesting a Special Exception to establish a
sales office in a model home in Spring Creek Village subdivision per Section 8-2(f) of the
Comprehensive Zoning Ordinance affecting property containing .25 acres and is known as
3001 Spring Creek Drive. (Tax Map 150-2-004-00-0) DISTRICT 8
5. Z-13-02 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the condition that the site plan must conform to the concept plan submitted
with this petition and dated November 16, 2012; a petition by Bluewater Engineering, on
behalf of Brannen and Son Inc., requesting modification of conditions placed on the Special
Exception in an R-1C (One-family Residential) Zone (A-12-38) affecting property
containing 4.87 acres and is known under the present numbering system as 3375 and 3377
Beaver Drive. (Tax Parcel 041-2-202-00-0 and 041-2-203-01-0) DISTRICT 3
6. Z-13-03 – A request for concurrence with the Augusta Georgia Planning Commission to
approve a petition by Suzane Reatig Architecture, on behalf of United House of Prayer, et.
al. requesting a change of zoning from Zone R-1C (One-family Residential) to Zone R-1E
(One-family Residential) affecting property consisting of the following tracts: Tract A
contains .59 acres and is known as 1241, 1245, 1247 and 1249 Wrightsboro Road. Tax Map
059-1-114-00-0, 059-1-113-00-0, 059-1-112-00-0, 059-1-444-00-0 DISTRICT 1 Tract B
contains .68 acres and is known as 1215, 1227, 1229 & 1237 Wrightsboro Road. Tax Map
059-1-131-00-0, 059-1-130-00-0, 059-1-129-00-0, 059-1-127-00-0, 059-1-634-00-0, 059-1-128-
00-0 DISTRICT 1 Tract C contains .14 acres and is known as 1211 Wrightsboro Road. Tax
Map 059-1-133-00-0 DISTRICT 1 Tract D contains .39 acres and is known as 1351 Twelfth
Street and 1203, 1205 and 1207 Wrightsboro Road. Tax Map 059-1-138-00-0, 059-1-137-00-
0, 059-1-136-00-0, 059-1-135-00-0 DISTRICT 1
7. Z-13-04 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the condition that the petitioner/developer must improve Elm Street (aka
Arabian Horse Drive) to County standards between Flowing Wells Road and parcel 030-0-
019-00-0; a petition by Sherwood Belangia, on behalf of Howard Cole et. al. requesting a
change of zoning from Zone A (Agriculture) to Zone R-3B (Multiple-family Residential)
affecting property consisting of the following tracts; Tract A contains approximately 5.94
acres and is known as 1332 Flowing Wells Road, 1533 Elm Avenue and 1515-1531 (odd
only) Arabian Horse Drive. (Tax Map 029-0-051-00-0, 029-0-048-03-0, 030-0-250-00-0, 030-
0-251-00-0, 030-0-252-00-0, 030-0-253-00-0, 030-0-249-00-0, 030-0-248-00-0, 030-0-247-00-0,
040-0-156-00-0 and 040—0-157-00-0) DISTRICT 3 Tract B contains approximately 10.5
acres and is known as 1524 and 1530 Arabian Horse Drive. (Tax Map 030-0-019-00-0 &
030-0-019-02-0) DISTRICT 3
8. Z-13-06 – A request for concurrence with the Augusta Georgia Planning Commission to
approve a petition by William A. Trotter, on behalf of JAMM Partnership, requesting a
change of zoning from Zone R-1 (One-family Residential) and Zone B-2 (General Business)
with conditions to Zone B-2 affecting property containing two tax parcels that contain .94
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acres and are known as 116 and 118 Davant Street. (Tax Map 010-0-016-00-0 and 010-0-
017-00-0) DISTRICT 7
9. ZA-R-216 – A request for concurrence with the Augusta Georgia Planning Commission
to approve a petition to amend the Comprehensive Zoning Ordinance by adding to Section
28 (Airport Regulations) regarding height of obstacles to aviation in Augusta.
PUBLIC SERVICES
12. Motion to approve New Application: A.N. 13-4: request by Chirag Patel for a retail
package Liquor, Beer & Wine license to be used in connection with MKC Investments,
LLC DBA Wheeler Package located at 3668 Wheeler Rd Suite C. District 3. Super District
10. (Approved by Public Services Committee January 7, 2013)
13. Motion to approve Contract Management, Inc. Contract Modification #1-Fire House
Renovations Project in the amount of $10,565.28 as approved by the Augusta Aviation
Commission at their December 18, 2012 meeting. (Approved by Public Services Committee
January 7, 2013)
14. Motion to approve forfeiture of Surety Bond for Mr. Carl Singleton, d/b/a Carl’s
Builders. (Approved by public Services Committee January 7, 2013)
15. Motion to approve Design Change Order 6 that modifies the Standard Form of
Contract for professional services last dated October 7, 2011, between the Owner: Augusta,
Georgia, a political subdivision of the State of Georgia, acting by and through the Augusta
Richmond County Commission; and the Architect: Johnson, Laschober & Associates, P.C.,
for the Professional Services known as Architectural Services for the Webster Detention
Center, Phase II, Augusta Richmond County, Georgia. (Approved by Public Services
Committee January 7, 2013)
ENGINEERING SERVICES
21. Motion to approve award of construction project to subject contractor, Strack, Inc., in
the amount of $1,229,030.45 for construction of the Butler Creek West Sanitary Sewer
Upgrades Project 60106, Ph. 2. This award will include installation of sanitary sewer
mains, manholes, and associated sanitary sewer branch lines. (Approved by Engineering
Services Committee January 7, 2013)
22. Motion to approve Change Order #1 for an additional $473,858.00 in fees to Virgo
Gambill Architects on the Augusta, Georgia Municipal Building Renovations and
Modernization due to an increase in their scope of work. (No recommendation for Public
Services Committee December 10, 2012) (Approved by Engineering Services Committee
January 7, 2013)
23. Motion to approve a request to the Georgia Department of Transportation to have
Augusta-Richmond County assume the responsibilities of all maintenance and ownership
of Doug Barnard Parkway and have it removed from the state route system. (Approved by
Engineering Services Committee January 7, 2013)
24. Motion to approve a two year extension and $1,500,000 to continue the funding for the
current On-Call Concrete and Emergency Services Contract for on-call concrete repair,
concrete construction & emergency repairs with Horizon Construction, Larry McCord
LLC, and SITEC LLC., as requested by AED. Funding is available in the Grading &
Drainage, Suburban Forces and Resurfacing Phase VI accounts as requested by AED.
(Approved by Engineering Services Committee January 7, 2013)
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25. Motion to approve Option for the purpose of acquiring a Right-of-Way between Ruth’s
Lake, Inc., as owner and Augusta, Georgia as optionee, in connection with the Windsor
Spring Road Phase V Project, consisting of 0.021 acres in fee and 0.012 acre of permanent
construction and maintenance easement, or less. Also granted is One temporary driveway
easement on Project Windsor Spring Road, Phase V, STP00-11-5-00(004) from the
property located at 4698 Windsor Spring Road at the purchase price of $500.00. (Approved
by Engineering Services Committee January 7, 2013)
26. Motion to approve an Option for the purposes of acquiring a Right-of-Way between
David Joe Castro, as owners, and Augusta, Georgia, as optionee, in connection with the
Windsor Spring Road Phase V Project, 0.018 acres (771.36 sq. ft.) in fee simple and 0.01
acre (437.79 sq. ft.) of permanent construction & maintenance easement, more or less. Also
granted is a temporary driveway easement of Project Windsor Spring Road, Phase V,
STP00-11-5-00(004) from property located: at 4644 Windsor Spring Road, private, at the
purchase price of $500.00. (Approved by Engineering Services Committee January 7, 2013)
27. Motion to approve an Option for the purposes of acquiring a Right-of-Way between
David Joe Castro, as wonders, and Augusta, Georgia, as optionee, in connection with the
Windsor Spring Road Phase V Project, 0.018 acre (769.05 sq. ft.) in fee simple and 0.015
acre (638.56 sq. ft.) of permanent construction & maintenance easement, more or less. Also
granted is a temporary driveway easement on Project Windsor Spring Road, Phase V,
STP00-1105-00(004) from property located at 4656 Windsor Spring Road, private, at the
purchase price of $500.00. (Approved by Engineering Services Committee January 7, 2013)
28. Motion to approve an Option for the purposes of acquiring a Right-of-Way between
Julia Phillips, as owners, and Augusta, Georgia, as optionee, in connection with the
Windsor Spring Road Phase V Project, N/A acre (N/A sq. ft.) in fee simple and 0.0035 acre
(149.85 sq. ft.) of permanent construction & maintenance easement, more or less on Project
Windsor Spring Road, Phase V, STP00-1105-00(004) from property located at: 2561
Patterson Bridge Road, private, at the purchase price of $500.00. (Approved by
Engineering Services Committee January 7, 2013)
29. Motion to approve an Option for the purposes of acquiring a Right-of-Way between
Lula J. Reese, as owners, and Augusta, Georgia, as optionee, in connection with the
Windsor Spring Road Phase V Project, N/A acre (N/A sq. ft.) in fee simple and 0.043 acre
of permanent construction & maintenance easement, more or less. Also granted is a
temporary driveway easement on Project Windsor Spring Road, Phase V, STP00-1105-
00(004) from property located at: 4932 Windsor Spring Road, private, at the purchase
price of $500.00. (Approved by Engineering Services Committee January 7, 2013)
30. Motion to approve an Option for the purposes of acquiring a Right-of-Way between
Leon T. Register, as owners, and Augusta, Georgia, as optionee, in connection with the
Windsor Spring Road Phase V Project, 0.026 acre in fee simple and N/A acre (N/A sq. ft.)
of permanent construction & maintenance easement, more or less. Also granted is a
temporary driveway easement on Project Windsor Spring Road, Phase V, STP00-11-5-
00(004) from property located at: 2523 Patterson Bridge Road, private, at the purchase
price of $500.00. (Approved by Engineering Services Committee January 7, 2013)
31. Motion to authorize AED to extend Supplemental Agreement #7 with Jacobs
Engineering Group Inc. to continue providing project management support via staff
augmentation in the amount not to exceed $350,000 which will be funded from SPLOST
Contingency funds. (Approved by Engineering Services Committee January 7, 2013)
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PETITIONS AND COMMUNICATIONS
32. Motion to approve the minutes of the regular meeting of the Commission held January
2, 2013 and Special Called Meeting held January 7, 2013)
PUBLIC SAFETY
36. Motion to accept a 2012 Victims of Crime Act (VOCA) Assistance Grant Award from
the Criminal Justice Coordinating Council for the period 10/1/12 to 9/30/13 with federal
funding in the amount of $35,261 and matching funding in the amount of $8,815 for a total
amount of $44,076.
Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now
vote by the usual sign of voting.
Motion Passes 8-0. [Items 1-9, 11-15, 21-32, 36]
Mr. Mayor: Thank you, ma’am. If we could move on to the pulled items first, please.
The Clerk: Yes, sir. The first one Item 10.
Mr. Williams: Mr. Mayor?
Mr. Mayor: Hang on a, Commissioner Williams.
Mr. Williams: Mr. Mayor, I think we had someone here for the consent agenda that had
been approved. And I think they may not know it so they can ---
Mr. Mayor: Oh, the couple in the back. You had the church? You’ve been approved.
We don’t want to keep anybody here longer than they’ve got to be. Thank ya’ll. Thank you for
catching that Commissioner Williams. Madam Clerk?
The Clerk:
PUBLIC SERVICES
10. Motion to approve New Application: A.N. 13-1: request by Jason E. Peden for an on
premise consumption Liquor, Beer & Wine license to be used in connection with Hill Drug
Food and Beverage Company located at 1432 Monte Sano Ave. District 2. Super District 9
subject to the petitioner having an approved site plan that is implemented for adequate
parking. (Approved by Public Services Committee January 7, 2013)
Mr. Mayor: Commissioner Jackson, I believe this was your pull?
Mr. Jackson: Thank you, Mr. Mayor. Um, Mr. Sherman or Mr. Patty, I know that I
personally went by and looked at the location with, where they’re proposing to put the restaurant
and bar and grill or what have you. In the easement coming to the back and I know that this is
all stemming around parking. And from the edge of the building to I guess north of the Comcast
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building there’s eleven parking spots on the street side. And I’m just wondering with a building
of that size you’re looking at 60-spaces for parking. Of course it used to be retail. According to
my calculations we grandfathered eleven so there’s a 49 difference, 49% or 49 difference in
where to park in this area. And I’m just wondering if they have come up with any and I did look
behind the Two Mom’s Cookies and I believe there’s another little not a retail but a little office
space for parking as well. And to me it didn’t appear because of the landscape it didn’t appear to
be that great to be able to park and maneuver.
Mr. Sherman: You are correct. There are two parcels behind the former Hill Drug Store.
The applicant will have to negotiate with the property owners, have a plan by a civil engineer
drawn up to lay out the parking spaces to know exactly how many you can get. The difference
between what’s required with the ratio today’s parking standards is 60 and he’s got as you were
saying 11 potential spaces along the street that is just grand fathered in so that would leave 49. I
don’t know if he could get 49 spaces on there. If he could work out the easement to access
points to this property that’s something, and the reason we put it on the agenda subject to him
getting the parking approved, if he doesn’t have the 49 spaces on those two parcels than I’m
assuming he could possibly go to the Board of Zoning Appeals for a variance if he can get very
close to the number that he needs.
Mr. Jackson: Well, I guess my question, would it be, behoove him to where we’re at
today with not the adequate parking because I’m ready to make a motion to deny because of not
adequate parking and the availability in that area. It’s very crammed. And I know that he has to
go back through Zoning and Appeals. Should somebody maybe talk with him to find out if
that’s something that he wants to do? Because if I’m not mistaken if we deny it does that mean
he loses his liquor license for a year?
Mr. Sherman: If you allow him to withdraw it or you deny it no one can apply for a
Liquor, Beer and Wine license at that location for twelve months. If you have unanimous
approval to allow him to withdraw it then someone can potentially come back with it at any time.
It’s still an open spot.
Mr. Jackson: Okay.
Mr. Sherman: So if that’s where we are then you may want to consider ---
Mr. Jackson: Well, I would hate to approve knowing that we’re going to find 49 parking
spaces and honestly they’re not to be found unless we build a parking deck. I’m not in for that.
Mr. Mayor: Commissioner Jackson and I’ll ask this for the Attorney too and for Rob.
Go ahead, Rob.
Mr. Sherman: I’m sorry, I was just talking to the applicant and that’s what he would like
to do. And I think he should speak to that is too if you could unanimously approve the
withdrawal so he can get work on his parking and then possibly come back later if he can get
where he needs to be with that.
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Mr. Jackson: I don’t know how we put that in the form of a motion but that would
certainly ---
Mr. Mayor: We would need unanimous approval but you could put that in the form of ---
Mr. Jackson: I don’t know we have unanimous approval or not.
Mr. Mayor: I guess we’ll see in a minute. Okay, Commissioner Smith and then
Commissioner Williams.
Mr. Smith: Mr. Sherman, what’s the maximum occupancy the Fire Department has set
for this building? What’s the maximum number of people?
Mr. Sherman: (inaudible)
Mr. Smith: All right, thank you.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. Mr. Sherman, first of all this says District 2,
Super District 9 so that throws me right in the middle of this loop. But I thought I heard you say
that he had to go back to Planning and Zoning or get a Special Exception anyway to get you
know after he finds after he comes up with that. Can’t we approve this and if they don’t get the
Special Exception or get it cleared through Planning and Zoning it still wouldn’t be able go
nowhere, right?
Mr. Sherman: That’s correct.
Mr. Williams: Okay, so if we approve this with him working on the parking and what he
may be able to work out with his neighbors in the rear or behind then they would, that would
hold the process up is that right?
Mr. Sherman: If you were to approve it as it is on the agenda than what that means is that
if he gets the adequate parking, gets a parking plan and can implement that parking and
implements that parking plan then he’s ready to go.
Mr. Williams: And if not?
Mr. Sherman: Subject to again compliance with the Fire Department on occupancy.
Mr. Williams: And if not he can’t go no place, right?
Mr. Sherman: That would be correct.
Mr. Williams: Okay, I’m going to make a substitute motion if I can?
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Mr. Mayor: The initial motion was never seconded.
Mr. Williams: Okay, well, I’m going to make a motion we approve this with the
stipulation that Mr. Sherman has said that he would be able to go back and get those things
worked out before he’s finally before he’s able to open up and get, I mean this is just one part of
the process. So if we can do that than he can work out those parking places then he’d be able to
come back be able to go, continue on and get his business opened. Is that right?
Mr. Sherman: Yes, sir, as the agenda item says.
Mr. Williams: That’s my motion.
Mr. Lockett: I’ll second that motion.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioner
Jackson.
Mr. Jackson: I wanted to make a substitute motion, Mr. Mayor. It seems like you know
a good business plan you would have all these considerations already in hand coming to parking
and bringing people to a very congested area. So I’d like to make a motion to deny until they
come back with an engineered set of drawings saying that there’s ample room for the additional
49 spaces.
Mr. Mayor: That’s a substitute motion.
Mr. Jackson: Yes, sir.
Mr. Mayor: Okay, and I just want to clarify with the Attorney that we’re within the letter
of the law on there too.
Mr. MacKenzie: Okay, what clarification are you seeking?
Mr. Mayor: Well, that it’s not damaging to the applicant to deny and require that he
come back with the ---
Mr. MacKenzie: It’s my understanding based on the regulations relating to alcohol
applications if it’s denied that’s what would trigger the 12-month prohibition for seeking another
alcohol application at that location. If he withdraws his application and that’s unanimously
approved he would not run up against that bar.
Mr. Jackson: Can I read, Mr. Mayor?
Mr. Mayor: Commissioner Jackson.
Mr. Jackson: Bad choice of words. Can we adjourn this motion as a, or make a
substitute motion to adjourn so the gentleman can come back and reapply within the 12 months?
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Mr. Mayor: Are you? Mr. MacKenzie.
Mr. MacKenzie: That would not trigger the 12-month prohibition because no decision to
deny would’ve been made.
Mr. Mayor: But you’re amending your substitute motion.
Mr. Jackson: Correct.
Mr. Mayor: Is the seconder okay with that? Okay.
Mr. Williams: I guess I need to know where my motion stands, Mr. Mayor.
Mr. Mayor: We’ll vote on the substitute motion first and then the primary motion and
second.
Mr. Lockett: Mr. Chairman, can you read the substitute motion please?
Mr. Mayor: Madam Clerk? Mr. Commissioner, if you could please clarify your
substitute motion.
Mr. Jackson: A motion to, a substitute motion to adjourn the gentleman’s zoning request
so that he’s not, so he can come back within 12 months with an adequate parking plan for the
establishment in which he wishes to bring to life.
Mr. Mayor: And Mr. Attorney just for clarification is that?
Mr. MacKenzie: That would not trigger any kind of prohibition with respect to this
application.
Mr. Mayor: Okay. So we have a substitute motion on the floor and we have a primary
motion. If there’s no further discussion Commissioners will now vote upon the substitute, by the
substitute sign of voting on the substitute motion.
Ms. Davis, Mr. Jackson and Mr. Donnie Smith vote Yes.
Mr. Fennoy, Mr. Mason, Mr. Lockett, Mr. Guilfoyle and Mr. Williams vote No.
Motion Fails 3-5.
Mr. Mayor: Okay, we have a primary motion to approve. And if there’s no further
discussion Commissioners will now vote by the usual sign of voting.
Mr. Smith: Mr. Chairman, I’ve got a question before we ---
Mr. Mayor: Donnie. No, I’m just recognizing him.
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Mr. Smith: If we vote no on this then he can’t come back and apply. Am I correct about
that, Mr. MacKenzie?
Mr. Mayor: Mr. MacKenzie?
Mr. MacKenzie: Is that correct?
Mr. Sherman: If it’s denied then no one, he can’t come back. No one can apply for an
alcohol license at this location for 12 months.
Mr. Mayor: But this is to approve so that if it, if the motion to approve failed that’s not a
motion to deny. Wayne, could you.
Mr. Brown: If this, if the primary motion fails the matter would not have been acted
upon. He has not been denied. Therefore this matter remains on the agenda and he can bring it
back whenever he likes.
Mr. Mayor: Okay.
Mr. Guilfoyle: As long as he has adequate parking.
Mr. Brown: He will be well advised to have it (inaudible).
Mr. Mayor: Okay, please vote.
Mr. Fennoy, Mr. Mason, Mr. Lockett, Mr. Guilfoyle and Mr. Williams vote Yes.
Ms. Davis, Mr. Jackson and Mr. Donnie Smith vote No.
Motion Fails 5-3.
Mr. Mayor: Madam Clerk, on to the next agenda item, please.
The Clerk: Yes, sir.
Mr. Williams: Mr. Mayor, before Mr. Sherman gets out.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Sherman. I’m still not clear as to what we just done. I realize what
my motion said and I realize that we had to pass that. The young man will have to get the
parking worked out before he can open. Now were we talking about tax money and doing things
for the city, getting businesses into this community but we’re giving people who are trying to do
that a hard time. So explain to me what have we just done because we didn’t pass it.
Mr. Sherman: You didn’t pass it, you didn’t take any action on it so he has not been
denied. So what he will do is to go ahead and try to straighten out his parking and then he will
come back before you with the application for the alcohol.
16
Mr. Williams: And wouldn’t it have been the same thing if we passed it but he would’ve
had to get the parking worked out. But he would not have to come back before us.
Mr. Sherman: (unintelligible).
Mr. Williams: Okay, thank you. Okay.
Mr. Mayor: So two actions get the same result. Madam Clerk, on to the next agenda
item, please.
The Clerk:
ADMINISTRATIVE SERVICES
16. Motion to approve proposed procedure for authorization of Agreements/Contracts for
the Housing and Community Development Department for Program Year 2013 and ask the
Law Department to update the bylaws for the HCD Citizens Advisory Committee including
in that a provision for vendors who have been denied the opportunity to do business with
HDC to have an avenue of some due process with respect to their denial and to receive a
report back in thirty days. (Approved by Administrative Services Committee January 7,
2013)
17. Motion to approve proposed procedure for authorization of Agreements/Contracts for
the Laney Walker/Bethlehem Redevelopment by the City Administrator and Mayor and
ask the Law Department to update the bylaws for the HCD Citizens Advisory Committee
including in that a provision for vendors who have been denied the opportunity to do
business with HDC to have an avenue of some due process with respect to their denial and
to receive a report back in thirty days. (Approved by Administrative Services Committee
January 7, 2013)
Mr. Mayor: Commissioner Guilfoyle, I believe this was your pull.
Mr. Guilfoyle: Yes, sir. Actually items number 16 and 17 are both the same I believe
word from word. Just a question for the Administrator or whoever. What is the current process
in respect to the denial?
Mr. Russell: If somebody bids on a product or a project and is denied they have an
appeal process that goes through Purchasing and comes back up and actually ends up with you at
this particular point in time.
Mr. Guilfoyle: Is it the same process as the Procurement?
Mr. Russell: They’re procuring services, it would be, yes, sir.
Mr. Guilfoyle: Okay and how many other departments do we have that has an advisory
board?
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Mr. Russell: You’ve got several that have advisory boards including Animal Control,
Small Business Program and a couple others that have groups there to advise them and keep
them abreast of the community feeling.
Mr. Guilfoyle: Okay. Are we considering an overlook panel for the Chester Wheeler’s
department as well? Because anything that he spends has to come before this board. Is that
correct?
Mr. Russell: There are provisions in this that would allow him to enter contracts that do
not come before this board. But ---
Mr. Guilfoyle: Right.
Mr. Russell: --- that’s you approve a general plan at the beginning of the year and he’s
authorized under this to implement that plan so you don’t have to have specific control over each
particular item.
Mr. Guilfoyle: Okay.
Mr. Russell: The way I understand it.
Mr. Guilfoyle: And I want to congratulate him for getting an award, the second in the
nation from the Secretary of HUD. But my motion is to deny.
Mr. Jackson: Second.
Mr. Mayor: To deny 16 and 17?
Mr. Guilfoyle: Yes, sir.
Mr. Mayor: Okay, Commissioner Williams had his hand up then Commissioner Lockett.
Mr. Williams: Thank you, Mr. Mayor. I too know that we have several boards. And this
board that I think we’re talking about wouldn’t have any authority over that. But when you’re
talking about federal dollars and we get a lot of HUD monies coming in through that agency that
someone needs to look at it. There are a lot of contracts or departments but when you’re talking
about housing and community development which is a large sum of monies that we don’t want
anybody going in and putting their hands on to say you do or do not do. But there’s an advisory
group and that’s all they do is advise. Or they can give their opinion but that don’t mean that is
doesn’t work that way. But I don’t think we can just take hands off and put one person or
several people over that type of monies and those types of projects that nobody else sees until it’s
spent. It’s like closing the gate once the cows get out. When the cows gone it don’t make no
sense to close the gate then. It’s too late. Somebody else done got the cow and the milk and
everything else so I’m saying we need to pass this. Not to prevent or stop his department but just
to be an advisory board. Everybody ought to have somebody looking at them. We got people
looking at us. I mean I can’t go to my favorite restaurant anymore. Sylvia Cooper has got
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something in the paper every day because they’re watching us. And that means that we ought to
be watched. But anytime you’re dealing with federal public monies whether federal, state or
local somebody ought to be able to say they approve or disapprove or that they understand or
they don’t understand. We done have too much problems and I think I’ll make a substitute
motion that we approve this.
Mr. Lockett: Second.
Mr. Mayor: Thank you. Commissioner Lockett. And you were right on two minutes too
man.
Mr. Williams: It’s getting better.
Mr. Lockett: Thank you, Mr. Chairman. You know there’s been lots of politicking going
on against this agenda item. My brother wants it for. This is like Commissioner Williams said.
This is not for a group of people to interfere with the operation of Housing and Community
Development. When I put it on the agenda before, we came up with all these awards and
recommendations that they were getting. Sure they’re doing a good job but my constituents and
many of yours want to be kept abreast of what they’re doing and don’t want to wait until
fourteen months. In other words they have the whole year to operate and then within 60 days of
the New Year they’re going to come back and make a report to us. We don’t know what they’re
doing. Our constituents query us and we cannot answer them. We’re not trying to get a group of
people to tell the Mayor, the Administrator and Mr. Wheeler what to do. We want somebody to
be present to observe so that they can come back, keep us apprised of what’s going on keep our
constituents of what’s going on. And you are all dealing with millions of dollars and I can’t see
why anyone would have any qualms about having a group of people, one from each district to be
present, attend the meetings or whatever report to the Commission, report to the citizens of this
great city what’s going on. I mean, if you don’t want to approve something like this, well, being
a former federal investigator the first thing that’s going to run through my mind is what are you
trying to hide. Thank you, Mr. Chairman.
Mr. Mayor: Okay and Ms. Davis then Commissioner Mason and then Commissioner
Guilfoyle then Commissioner Smith then Commissioner Fennoy. And ya’ll remember the order.
Ms. Davis: Thank you, Mr. Mayor. When was the last time an advisory group was in
place with Mr. Wheeler’s department?
Mr. Russell: It’s been several years ago if I remember correctly.
Mr. Lockett: If I may answer the question.
Mr. Mayor: If you can tell the number of years that’d be great to enlighten us ---
Mr. Speaker: Five.
Mr. Mayor: --- and then I’m going to let, five?
19
Mr. Mason: Five.
Mr. Mayor: Five.
Ms. Davis: But we’re allowed to ask a department up front for an update on whose
department correct at any time as Commissioners for information? Correct?
Mr. Russell: We would be more than happy to provide information to you to keep you
updated on what we’re doing. Just from the staff perspective you know I don’t, I don’t think that
anybody on staff has any trouble at all with an advisory board. In the past there were some
problems with this particular board that I think were addressed and we changed the bylaws to
make them an effective advisory board. In the past there were situations where they probably
crossed the line in what I would consider advice versus direction. The changes in the bylaws that
were established approved by this Commission and by the board at that time I think takes care of
those issues. And we have no problem with that whatsoever. The only issue becomes when they
and I don’t think that would happen again is over a period of time the board got a little more
what’s the ---
Mr. Mayor: Rambunctious?
Mr. Russell: Not rambunctious but ---
Mr. Mayor: Embolden?
Mr. Russell: --- but it became more directive than advisory at that particular point in
time.
Ms. Davis: Thank you.
Mr. Mayor: Okay, Commissioner Mason then Commissioner Guilfoyle then
Commissioner Smith then Commissioner Fennoy. I actually remembered.
Mr. Mason: Thank you, Mr. Mayor. I really don’t have a problem with transparency in
government. I think that is something that’s ultimately critical and with all due respect to
Commissioner Davis you’ll find out that you’re not going to have time to question every
department and we need (inaudible) on because this is not considered a full time job and we do
have other things to do. We’re not down here at all times to know what’s going on. So that’s
one of the reasons why and advisory board in my opinion would be a good thing. And in fact it’s
just that, it’s an advisory board. It is not a board that has any ruling or governing authority over
anyone. And so the fact of the matter of having some more eyes on or some other opinions that
are being shared I don’t look at that as a bad thing. If I’m not mistaken and someone correct me,
when I sat here and heard Mr. Wheeler give his presentation and I asked the question and the
buck basically stopped with him at that particular time. And I thought there ought to have been a
more, a different appeal process that goes well above and beyond him. But more importantly I
need someone to tell me when the old board was disbanded officially because I have been unable
20
to find anything on the record that disbanded the board in the first place. So as far as I’m
concerned, it still exists until or unless it is been voted on by this body to do away with. So my
question then, Mr. Mayor, when was this board disbanded by officially by this government?
Mr. Mayor: Mr. Russell?
Mr. Russell: You’re absolutely right, Commissioner Mason, it was never disbanded.
The bylaws were changed they were adopted both by this body and that board. And then
because of some conflicts with individuals within that body they decided they did not meet
anymore. You know we’ve, they did not meet so they sort of disbanded themselves at this point.
And then most of the terms of going out and going over so to go back to the status quo would be
to have individuals appointed to that board under the current bylaws. And that would get us back
to where we need to be.
Mr. Mayor: And just for clarification I think we once again I always go back to the
Attorney. How do we legally put this back in place?
Mr. Mason: That was going to be my next statement because the fact of the matter is
again if it has not been officially done by this body then it officially exists. And before we start
talking about putting something together or denying something we already have something out
there on the table. So the first thing we need to do is get it right. Either we’re going to
reinstitute the board that, well or I’m not even saying reinstitute because it’s already instituted.
Either we’re going to deactivate that board and that really is more of the agenda item if you will -
--
Mr. Mayor: Give you another two?
Mr. Mason: Yes, sir, thank you.
Mr. Mayor: Okay. Mr. Mason.
Mr. Mason: --- that would be more appropriate. And legal can correct me but I don’t
how we can bring something into play that’s already in play and I’m not sure how we can take
something out of play or deny something that’s in play if that’s not what we’re bringing forward.
So if I could get some clarity on that, Mr. Mayor, that would help out a great deal.
Mr. Mayor: And, Andrew, I’m going to ask you. So basically it sounds to me like we
have a shell organization that’s still legally in place but to where all the members of that board’s
terms have expired. Is that?
Mr. MacKenzie: That’s my understanding of it. And, no, you’re correct that the
organization has not been abolished but yet the Commission members who are the members who
would appoint members to that board have not made appropriate appointments. And what you
could do right now without having to make any changes to the bylaws or code or anything would
be for Commissioners to appoint members to that board. And then for there to be, you know, a
21
Chairman, a Vice Chairman present to the bylaws that are already in place to be established for
the board to start again to meet in accordance with the bylaws that are present.
Mr. Mayor: Mr. Russell?
Mr. Russell: I didn’t mean to lead you to the point where all the members’ terms have
expired. I do not know if that’s correct or not. I know some of them have but I don’t know if all
of them have.
Mr. Mayor: Commissioner Guilfoyle then Commissioner Smith then Commissioner
Fennoy then Commissioner Lockett. I feel like I’m throwing the ball around the horn.
Mr. Guilfoyle: I will say this. I respect everybody’s opinion up here. We do hire our
directors. We pay them well for their experiences and our qualifications. Now since I’ve been
on board here for the past two years I’ve seen things that Chester Wheeler has done. He
revitalized Laney Walker and gave it a new outlook which we’ve not seen before. He
implemented new controls toward monies as loans instead of given and has a claw back clause in
all his contracts to where what happened on this board, this body last years that we had to take
$347,000 dollars out of the general fund to pay back to the government. Chester has done well
from my perspective. I think one of the colleagues had requested information and that
department worked day and night for a week fulfilling a 1500 page report. I don’t think he has
anything to hide.
Mr. Mayor: Thank you, Commissioner Guilfoyle. Commissioner Smith.
Mr. Smith: Mr. Russell, maybe you can make some sense of this for me.
Mr. Russell: Let me try, sir.
Mr. Smith: Sixteen and seventeen, we had extensive conversation about creating an
oversight board that is an advisory board. Am I right? Is that what, that’s the intent of 16 and
17. But I see it in the bottom is that we’re asking for the bylaws to be changed to give people an
opportunity to have some avenue of due process in both 16 and 17 and nobody’s mentioned that
at all. What we’ve talked about is an advisory board and yet we’re asking for a change. This
asked for a change in the bylaws and nobody seems to have wanted to talk about that portion of
this motion. And that’s what concerns me the most.
Mr. Russell: If I can I think you’ve got a motion with three parts. The first part is to
continue the process that was established several years ago in relationship to the authorization in
contracts and agreements or Housing and Community Development for the year program year
2013. It’s also been asked that we update the bylaws for the HCD Citizens Advisory Committee
to include a provision for vendors who have been denied the opportunity to do business. So
basically what you’re looking at there and I agree with Commissioner Mason you’ve got a board
that’s on board and established that needs to be populated with appointees from the current
Commission. In addition to that the action that is mainly under discussion I believe would be the
appeal process that the individual would have and I get to do business with Housing and
22
Community Development. My feeling is that basically runs through our purchasing procedure
but if you know there needs to be some oversight of that that the body I’m not sure it’s
appropriate for that body to do that. It needs to be channeled through our purchasing procedure.
Mr. Smith: And that’s my point, Mr. Russell, is if we allow this motion to pass we have
created another level of bureaucracy that we’re going to have an oversight board doing the job
that Mr. Mason and I and the rest of us up here are supposed to do. Is that the way everybody
else understands it?
Mr. Russell: No, sir. I don’t think that’s appropriate at all. I think what you’ve got is a
Citizens Advisory Board. Now with the motion with the oversight on the purchasing that begins
to trespass on what I feel to be a process that’s already been stepped up. I believe that begins to
walk you down the path that we’re in in the past. I think what we need to do is make sure that
advisory board is populated with people and that individuals that have individual, have problems
with the purchasing procedure are made aware of the fact that they have the opportunity or
should have the opportunity to appeal that through our normal processes.
Mr. Smith: So let me make sure I’m understanding about this. If we vote yes on this, we
are going to eliminate that process and we’re going to create a new process. Am I right?
Mr. Russell: What you’d do if you vote yes on this you are passing the contract
procedures that are there and then allowing legal to come back with recommendations on how to
give this board that authority to review those purchases. My suggestion would be that if you do
that than you look at that very closely at the end of the day because if you follow that road in my
mind you are duplicating a process.
Mr. Smith: And we would ---
Mr. Russell: What I would prefer to have would be to pass this, repopulate the board
with an emphasis on the fact that if people are not happy with decisions made through the
purchasing process they be made aware of the normal procedures that we have. And you all are
advised of those on a day to day basis. You know if people are unhappy that they didn’t get our
work they have an avenue to deal with that. It does not need to be in the hands of this board in
my mind.
Mr. Mason: I make that motion, Mr. Mayor.
Mr. Mayor: Well, actually we already have a substitute and a primary motion.
Mr. Mason: How many motions do we have?
Mr. Mayor: Would the maker of the substitute motion, which I believe was
Commissioner Williams, are you amenable to amending your substitute motion to reflect that?
Mr. Williams: I may be amenable but I need to make a comment first. Maybe when I
was talking about the cow, nobody didn’t hear me but if we’re going to approve something like
23
what was just mentioned from the Administrator and the money’s being spent it’s too late to
have a board. Anybody else has to do a process if there is a reason to say something. If you’re
going to do that than we might not as well have any boards. So what I just heard was that if
they’ve got a problem with the process or the purchasing then they can come back. But if the
purchase has already been made then I’m kind of lost, Mr. Mayor. I want to help but I can’t do
it.
Mr. Mayor: Okay, let me and then I’ll come to Commissioner Fennoy. Commissioner
Mason, would you repeat the way that you would like the maker of the substitute motion to
amend his motion to get us to the point where we need to be.
Mr. Mason: Well, if I’m in concert with what the City Administrator is saying the board
that will be activated or that we’re ---
Mr. Mayor: Populated.
Mr. Mason: --- populated rather that we go ahead and approve populating that board.
Now if I’m correct and maybe this is where I need some clarity. When there’s an issue in terms
of a contractor or whatever they want to appeal do I hear you saying they would go through the
normal procedure that you would for Procurement for regular Procurement operations?
Mr. Russell: Yes, sir.
Mr. Mason: So there would be an avenue to appeal I think what we’re trying to say is
prior to or is this after the fact.
Mr. Russell: After the fact but I think if I can, Mr. Mayor, I think the point that
Commissioner Williams is making is that this board needs to have a part in the planning process
up front so that when we do this you know similar to what we try to do is there would be a
dialogue about how this money is spent, boom, boom, boom and boom. And so that there is a
consensus not that the board would vote it up or down but that the board would be involved in
the decisions on how this money is spent. Now to deal with the other issue becomes a
purchasing issue in my mind if Mr., I can’t use Mr. Smith, I’ve too many of them, Mr. Jones
wants to do business with the city and is not happy with the way that business program goes then
he needs to appeal to our purchasing deal. But I think to answer Commissioner Williams’
question is we need to involve this group of citizens that are interested in improving that area in
the dialogue on how those initial funding decisions are made.
Mr. Mason: Now that part, Mr. Mayor, I can agree with. I have some real problems with
the Citizens Advisory Board doing appellate issues of concerns. I would have a problem with
that. I couldn’t support that. I don’t think that would be the appropriate way for this Citizens
Advisory Board to be put together. Again there’s a key word there meaning advisory an so from
an appellate standpoint I don’t think that they would be the appropriate appellate authority. So
I’m not for that if that’s what we’re talking about. I’m not for that.
Mr. Russell: That’s not what I said.
24
Mr. Mason: Okay, exactly so but the maker of the motion I think I don’t know if that’s
where he was going but I was hoping there would be to populate the board and have that in place
and they’re working in concert you know beforehand and then a decision’s made period. But
then there’s an appellate process like there would be any other, through the normal channels.
Mr. Mayor: Exactly. And ---
Mr. Williams: Mr. Mayor if I may.
Mr. Mayor: Mr. Williams.
Mr. Williams: I would love to make that substitute motion to that effect that we populate
this board. Let me give you just a little bit of history because I was here when we had an
advisory board. And the problem came in when the board saw something that they disagreed
with and they reported it or they brought it to the Commission. And the Commission agreed
sometimes with the board. And the board the department head didn’t like that aspect of it. The
board never told the department head not to do or to do something but if there was something
that they brought to this body and we looked at it and said you know what I think you’re right
because they gave us a report as well. And what we done at that point was to be able to say okay
you know you’re spending taxpayer’s on blasé, blasé or you’re not spending tax money on
blasé, blasé. So the board never had any power, never had an authority. So I think my substitute
motion’s going to be to repopulate the present board we’ve got and these Commissioners appoint
somebody to that board and let’s go from there and get another meeting or whatever we need to
do. But we want to repopulate the board would be my motion.
Mr. Mayor: Okay, and you’re amending your substitute motion to that ---
Mr. Russell: Does that include the procedure on the payment of contracts in Laney
Walker/Bethlehem which is that’s the major thrust of what we’re doing here anyway.
Mr. Guilfoyle: Number 18?
Mr. Russell: Yes.
Mr. Mayor: Do you include that in your substitute motion amendment?
Mr. Williams: Yes, sir, yes, sir.
Mr. Mayor: Okay, we’re going to have to dispose of the two motions first and then we’ll
---
Mr. Lockett: Mr. Mayor, you didn’t (inaudible).
Mr. Mayor: I, actually Commissioner Fennoy has been over here very patiently and he
was next and then.
25
Mr. Fennoy: Yes, my question is will items 16 and 17 give duties and responsibilities to
this board that doesn’t exist with other boards?
Mr. Mayor: Mr. MacKenzie?
Mr. MacKenzie: Just one point of clarification I’d like to make. Obviously this was a
motion that came from the Committee and Commissioner Lockett I believe was the one who
made the motion. And I made a clarification he can correct me since he’s here, regarding this
motion it was not to empower the Citizens Advisory Board with any kind of appellate review as
far as the normal procurement process. It was my understanding this would just be a process for
people who were subject to some of the program requirements that might not fall under a
procurement matter where they had the right to appeal, deny or be in order to bid or something
like that. But it was designed to give a process for the people to come and complain to that
advisory board. So it’s not, it wasn’t designed to mix apples and oranges with respect to the
procurement process is my understanding of it.
Mr. Mayor: Okay and I’m going to just clarification before I go to you, Commissioner
Lockett. So if both motions fail we can just bring these back in Committee next or at the next
Committee cycle. Correct? Okay. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I would hope that it won’t fail. Since I’m the
one who put this on the agenda I did considerable research on this and I gave all of my
documentation to the Law Department. If you read the agenda item it states it reflects that
there’s already an advisory committee in place. But what I primarily want to do was to revise or
amend the bylaws. And this based on the recommendation from an attorney at Augusta State
University that’s been involved in this program for many years. And I provided this information
to the General Counsel and I checked with him yesterday and he hadn’t finished the bylaws. But
the adversity that was caused by the initial set of bylaws and because the bylaws were not
properly written in the first place and the advisory committee at that time tried to do what those
bylaws said. And that’s the problem. But the new bylaws will show that they are just advisory.
They are to sit there and can make recommendations and that’s it. They can’t tell Mr. Wheeler
or anybody else. Now lastly I would like to say that we seem to have made this thing an issue
about Mr. Wheeler and his integrity and his character. But let me tell you something. I don’t
question any of that. And for those of you who don’t know Mr. Wheeler and I are fraternity
brothers. Now why would I want to question his integrity and character and so forth? But I want
to make sure that we have an advisory board just to be there to come back and report to the
community. I get lots of people asking me questions about that. That’s all we’re asking for.
We’re not asking for no more or no less. Thank you, Mr. Chairman.
Mr. Mayor: Okay, the question has been called for. Commissioner Lockett just for the
record in my fraternity we got in fist fights with each other regularly. You must have been in a
much nicer fraternity.
Mr. Lockett: We’re Alphas. That makes a difference.
26
Mr. Mayor: Okay, we will first vote on the substitute motion. Madam Clerk, could you
read that back?
The Clerk: The substitute motion was to approve the procedure for authorizing contracts
for this 2013 to ask the Law Department to update the bylaws for the committee to repopulate
the board through Commission appoints and to, did that include to appeal? Have the appeal
process come through the normal channels through the Procurement Department.
Mr. Mayor: And, Commissioner Williams, if you could ---
Mr. Williams: Yes, sir.
Mr. Mayor: --- clarify that.
Mr. Williams: Madam Clerk, that’s not the right substitute motion. I made a substitute
motion to repopulate ---
The Clerk: Repopulate the board through Commission department.
Mr. Williams: --- the board. That’s right and (unintelligible) to the motion. Mr. Mayor,
if I can give another brief history lesson.
Mr. Mayor: Commissioner Williams, can we please move along?
Mr. Williams: Okay, yes, sir.
Mr. Mayor: So the substitute motion was simply to repopulate the board. If there’s no
further discussion Commissioners will now vote by the substitute sign of voting.
Mr. Fennoy, Mr. Mason, Mr. Lockett, Mr. Guilfoyle and Mr. Williams vote Yes.
Ms. Davis, Mr. Jackson and Mr. Donnie Smith vote No.
Motion fails 5-3.
Mr. Mayor: We will now vote on the primary motion which was to deny both agenda
items. Madam Clerk?
The Clerk: Yes, sir, that was correct, to deny.
Mr. Mayor: Commissioners will now vote by the usual sign of voting.
Mr. Fennoy, Mr. Williams, Mr. Donnie Smith, Mr. Mason and Mr. Lockett vote No.
Motion fails 3-5.
Mr. Mayor: And we will see these in the next Committee cycle. I do think there was
some constructive dialogue but, Commissioner Fennoy?
27
Mr. Fennoy: What does this vote actually do to the board now?
Mr. Mayor: Mr. MacKenzie?
Mr. MacKenzie: That means no action is taken with the respect to the board.
Mr. Fennoy: Okay, but what I’m saying is that we’ve already said that the board is
already in existence. Nobody’s actually appointed anybody. So does mean I can’t make an
appointment to this board? Or other Commissioners cannot make an appointment to this board?
Mr. Mayor: Mr. MacKenzie?
Mr. MacKenzie: This has no effect on the existence of the board. The board is still on
the books until an existence. But you could still as Commissioners appoint members to that
board if that was your desire.
Mr. Mayor: And I’m just going to say, ya’ll, in all due deference, Commissioner Smith,
this agenda item has, we need to move along to the next one.
The Clerk: Item eighteen?
Mr. Mayor: Item eighteen.
The Clerk:
ADMINISTRATIVE SERVICES
18. Motion to approve proposed procedure for authorization of Agreement/Contracts, for
the Hyde Park Drainage Improvement Project by the City Administrator and Mayor and
ask the Law Department to update the bylaws for the HCD Citizens Advisory Committee
including in that a provision for vendors who have been denied the opportunity to do
business with HDC to have an avenue of some due process with respect to their denial and
to receive a report back in thirty days. (Approved by Administrative Services Committee
January 7, 2013)
Mr. Mayor: Okay, Commissioner Guilfoyle, I believe this was your pull.
Mr. Guilfoyle: Yes, sir, thank you, Mr. Mayor. I’d just like a point of clarification
because I do support this resolution and support a small business. If there is a companion item
on this as far as the Veterans Day which we have not figured out how we’re going to fund it,
where’s the revenue going to come from I just want to make sure that Item 19 is just for the
small business.
Mr. Smith: We’re on 18 right now.
Mr. Mayor: This is eighteen.
28
Mr. Smith: Eighteen, Mr. Guilfoyle.
Mr. Guilfoyle: Never mind. Okay.
Mr. Smith: Mr. Chairman?
Mr. Mayor: Commissioner Guilfoyle, this was your pull. Did you want to address
eighteen?
Mr. Guilfoyle: No, sir.
Mr. Mayor: Okay. Commissioner Smith.
Mr. Smith: Yes, sir, can I make a motion that this go back to committee so because this
has the same language in there about the opportunity the oversight and all that kind of stuff. I
make a motion that we send this back to committee so we can deal with all three pieces and take
care of it. Because I’m in support of this. I just want to send it back to committee and make sure
that we understand that we have the right language ---
Mr. Mayor: I believe ---
Mr. Smith: --- in 16, 17 and 18. That’s my motion that we send this back to committee.
Mr. Mayor: Do we have a second?
Ms. Davis: Second.
Mr. Mayor: I think that that would be completely appropriate so we can get clarification
on all three of these. But is it, is everybody? Okay, if there’s no further discussion Commission
will now vote, oh, excuse me, Commissioner Lockett first.
Mr. Lockett:move
Mr. Chairman I just spoke with Mr. Wheeler. On 18 I would like to
that we delete the part making reference to an Advisory Committee and pass this agenda
item as printed.
Mr. Mayor: That’s a substitute motion correct because we’ve had a ---
Mr. Williams: Second.
Mr. Mayor: --- okay. We have a substitute motion and a second. Commissioner
Williams.
Mr. Williams: Thank you, sir. Mr. Smith, I think Mr. Wheeler’s in the back. I need to
get some information I guess, clarification for myself. Hyde Park has been a burning issue for a
while and we’re talking about the drainage improvement. Mr. Wheeler, what steps is this taking
that’s helping I guess with the other side of removing those people from Hyde Park. I mean I’m
29
looking at here the Hyde Park Drainage Improvement Project. Is that a part of moving the
people out? Because I’m not really interested in working on no drainage right now because
there’s too many people, and I say too many 49 people I think you told us that’s still in that area.
Mr. Wheeler: That’s Phase One.
Mr. Williams: That’s in Phase One. Okay, so there’s even more people than that then.
So just in Phase One so I’m not really interested in the, and I don’t want that to sound wrong.
I’m interested in drainage and improvement for sure but more interested in the people that’s
there that’s living in those conditions versus trying to do something else with this. So where are
we with that? Are we talking about a committee but since you’re here today and this is a part of
it can you help me to understand why we’re going with this and hadn’t finished the 49 at just one
phase?
Mr. Wheeler: This recommendation only addresses relocation. It has nothing to do with
engineering. If this agenda item fails to pass, it basically will disallow me from making any
transaction with any individual regarding replacement housing because it says that I will have to
bring back every transaction with every family back before this Commission which in my
opinion will create a nightmare, a nightmare.
Mr. Williams: I understand. I had a few nightmares and probably going to have some
but you helped me out a lot. I appreciate what you just brought to my attention. And those are
the kinds of questions we need answers to. I don’t want to hold it up I want to support it but
when an agenda item says Hyde Park Drainage and Improvement Project I’m thinking pipes and
water and whatever.
Mr. Wheeler: I don’t have anything ---
Mr. Williams: I understand that I’m just looking at the agenda item. You know you do
you and I do me. I’m just trying to make sure we’re clear, that’s all. I’ve got no problem, Mr.
Mayor. Call for the question.
Mr. Mayor: Okay, the question has been called for. Gentlemen.
Mr. Smith: I withdraw my motion.
Mr. Mayor: Okay, well, why don’t we just go ahead are you in support of the substitute
motion made?
Mr. Smith: If my motion holds, Mr. Wheeler, if we pass my motion it holds you up from
doing business. Is that correct, if we send it back to committee? I withdraw my motion.
Mr. Mayor: Okay. So we have a substitute motion to approve to allow Mr. Wheeler to
move forward removing from the motion the creation of the Citizens Advisory.
The Clerk: I didn’t get the second on that. Who seconded it?
30
Mr. Mayor: No, we had the substitute motion and Mr. Mason or was it Mr. Williams?
Mr. Williams seconded. Okay if there’s no further discussion Commissioners will now vote by
the substitute sign of voting.
Mr. Jackson votes No.
Motion Passes 7-1.
Mr. Mayor: By the time it’s all said and done we’re going to be running like a well-oiled
machine. Madam Clerk, next.
The Clerk:
ADMINISTRATIVE SERVICES
19. Motion to approve authorizing a resolution in support of Small Business Saturday.
(Approved by Administrative Services Committee January 7, 2013)
Mr. Mayor: Mr. Guilfoyle, did you get your clarification on this one?
Mr. Guilfoyle: No, I have not. I just wanted to make sure what we’re voting on on item
number 19. It does not contain the companion item.
Mr. Mayor: The companion item?
Mr. Guilfoyle: Approve adding the Veterans Day as a paid holiday and consider this is
for budgeting because we’re still in the talking stage of where we’re going to get the revenue
from.
Mr. Mayor: Mr. MacKenzie, correct me if I’m wrong but this is just approving a
resolution in support of Small Business Saturday. Is that?
Mr. MacKenzie: That’s correct. I think he’s referring to in committee I think there was
another agenda item that’s not on this agenda.
Mr. Guilfoyle: No, it’s in our agenda book as a companion item, sir.
Mr. Mayor: But this is just ---
Mr. Guilfoyle: Okay.
Mr. Mayor: --- if you’ll make a motion to approve just approve ---
Mr. Fennoy: Second.
Mr. Mayor: --- in support ---
31
Mr. Guilfoyle: Motion to approve.
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 Passes 8-0.
Mr. Mayor: Madam Clerk, on to the next agenda item, please.
The Clerk:
FINANCE
20. Motion to approve asking the Finance Chairman to establish a subcommittee of three
commissioners, staff and any existing personnel who served on the previous subcommittee
regarding the reformation of Augusta’s tax code to move forward. (Approved by Finance
Committee January 7, 2013)
Mr. Mayor: Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mr. Mayor. I would like to thank both Donnie Smith and
Alvin Mason for being part of this committee as well as I’m hoping the existing support from
Administration that was part of that committee that remain on. And I would like to meet every
fourth Thursday at 3:30 p.m.
you moving for approval
Mr. Mayor: Okay. So are ?
Mr. Guilfoyle: Yes, sir, I am.
Mr. Mason: 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 8-0.
Mr. Mayor: Madam Clerk, on to the regular agenda, please, ma’am.
The Clerk:
PUBLIC SERVICES
33. Motion to approve New Ownership Application: A.N. 13-2: A request by Richard
Bustamante for a retail package Beer & Wine license to be used in connection with Eagle
Magic Mart located at 2601 Deans Bridge Rd. District 5. Super District 9. (No
recommendation by Public Services Committee January 7, 2013)
Mr. Mayor: Mr. Sherman.
32
Mr. Sherman: This is a motion to approve the ownership application request by Richard
Bustamante for retail package Beer & Wine license to be used in connection with Eagle Magic
Mart located at 2601 Deans Bridge Road. District 5. Super District 9. Please state your name
and address for the record.
Mr. Speaker: My name is Richard Bustamante and I’m from 593 Brigham Trail Road.
Mr. Sherman: The Sheriff’s Department and Planning and Development recommend it
be approved.
Mr. Jackson: Move to approve.
Mr. Smith: Second.
Mr. Mayor: We have a motion that’s been properly seconded. If there is no further
discussion Commissioners will now vote by the usual sign of voting.
Motion Passes 8-0.
Mr. Mayor: Madam Clerk, next agenda item, please.
The Clerk:
PUBLIC SERVICES
34. Motion to approve an expenditure of SPLOST funds dedicated to the New TEE Center,
in the amount of $89,561.00, for design, fabrication, installation and startup of all scope
associated with the new Pedestrian Bridge. (Approved by Public Services Committee
December 10, 2012) (No action in Commission meeting December 18, 2012) (No
recommendation by Public Services Committee January 7, 2013)
Mr. Williams: I make a motion to deny, Madam Clerk and the Mayor.
Mr. Mayor: Commissioner Williams.
Mr. Williams: My motion is to deny.
Mr. Mason: Second.
Mr. Mayor: We have a motion that’s been properly seconded. Commissioner Guilfoyle.
Mr. Guilfoyle: (inaudible).
Mr. Mayor: Okay, if we have no further discussion Commissioners will now vote by the
usual sign of voting.
33
The Clerk: That motion fails 4-4.
Mr. Mayor: Mr. MacKenzie, can I still break the tie even though it doesn’t make a
difference?
Mr. MacKenzie: No.
Mr. Mayor: Okay.
Mr. Fennoy, Mr. Mason, Mr. Lockett and Mr. Williams vote Yes.
Ms. Davis, Mr. Jackson, Mr. Smith and Mr. Guilfoyle vote No.
Motion Fails 4-4.
Mr. Mayor: Thank you, ma’am. Madam Clerk, the final agenda item.
The Clerk:
PUBLIC SERVICES
35. Approve an ordinance to amend Augusta-Richmond County Code Section 6-7 Vehicles
for Hire – Taxicabs, so as to provide current standards for the operation of taxicabs. (No
recommendation by Public Services Committee January 7, 2013)
Mr. Guilfoyle: Mr. Mayor?
Mr. Mayor: Commissioner Guilfoyle.
Mr. Guilfoyle: I was speaking with Rob early this week at Mass as well as speaking out
to a couple of the taxicab drivers operators. And, Madam Clerk, would you read the ad ---
The Clerk: Yes, sir.
Mr. Guilfoyle: --- under 6-7-14?
The Clerk: Yes, sir. It’s Taxicab Vehicle Age Section A. On the effective date of this
ordinance no taxicab business having a vehicle age greater than ten years may be operated as a
taxicab in Augusta Richmond County. For the purposes of this section the term vehicle age shall
be the vehicles model year. Section B. Except that all approved taxicabs with a current decal on
the effective date of this ordinance are considered grandfathered and can continue to be operated
as taxicabs regardless of age. However all grandfathered taxicabs are required to comply with
other applicable sections of this code. Section C. At the time the grandfathered taxicabs are
removed from service the replacement vehicle must comply with A: of this code section and
other applicable sections of this code.
Mr. Guilfoyle: Mr. Sherman, do you see a problem posed with this amendment?
Mr. Sherman: No, sir, I don’t.
34
Mr. Lockett: Move to approve.
Mr. Jackson: Second.
Mr. Mayor: We have a motion and a second. Commissioner Williams.
Mr. Williams: Yes, sir, I see we’ve got some taxicabs and drivers here and I would like
to hear from anyone that’s got an issue with what was read and do you understand what was
read.
Mr. Mayor: Yes, sir.
Mr. Williams: Come up to the mike.
Mr. Mayor: If you could come up to the mike.
Mr. Ramsey: Yes, my name is James Ramsey, Jr. and the way I understood that, what I
understood that like coming on late I was told year fourteen it’d be ten years. Thirteen to ten
years, something like that. And after that they bring it down to eight years. So that’s what I was
told. So it’s a lot of taxi drivers you know can’t afford to buy a brand new vehicle. You’re
talking about $35,000 dollars. And it takes five or six years to pay for it and then after that at
eight years it’s time to buy another one. So fifteen years is good enough and voted on
(unintelligible) not too long ago, fifteen years. A lot of these cab drivers they work very hard but
they have to pay for their medicine and stuff like that a place to stay food on their table you
know but knock them out of something fifteen years is good enough for anybody. Fifteen years
because the airport they go to Atlanta airport caring Delta Airlines and USAIR customers to
Charlotte, NC and me myself I go all over the country. I go to Canada, I went to Mississippi,
Florida Keys and all that stuff. Never had no problem. Fifteen years is good enough for us any
cab driver vehicle. But before we had this ten years in the beginning and the following year it’s
eight years. That means Curtis Cab which is, used to be Safety Cab they’re going to out of
business. And a lot of these other cab companies they bigger cab companies you know a lot of
them don’t like to go to certain areas at night. And what I’m trying to say and what I will say is
that you’re knocking a lot of people’s small business guys out of our futures.
Mr. Mayor: Okay.
Mr. Ramsey: Just for example, Checker Cab got Fort Gordon. Checker Cab got the mall.
Out here we just got this out here. Now the bigger cab companies are coming out here trying to
change the outlook of us out here which we have to make a living out here. If you do that you
vote on this for that eight years and ten year plan we’re going to be out of business.
Mr. Mayor: Okay. Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. Couple questions and a comment. Mr. Sherman, if
in fact this passes today let’s just use for example I mean we’re in 2013. If a taxicab owner goes
35
out and purchases a 2005 vehicle you’re telling me they would have two years in which to
operate that vehicle then they’d be out of compliance?
Mr. Sherman: (inaudible).
Mr. Mason: So in two years they’d be out of compliance.
Mr. Sherman: Well, if it’s a, it’s a 2005 that they’re purchasing?
Mr. Mason: Yes.
Mr. Sherman: And if you approve it the way it is in the motion they’d be in ten years
(inaudible).
Mr. Mason: 2015.
Mr. Sherman: 2015.
Mr. Mason: So in two years they’d be out of compliance. Okay, I have a fundamental
issue with that. But more importantly also, Mr. Sherman, what are we trying to do here? What’s
the purpose that triggers this agenda item being on here? What’s the bottom line?
Mr. Sherman: Okay, this came about back in I think September of last year. There was a
cab driver who addressed the Commission and was complaining about the way her company was
being treated. The Commissioner Jackson appointed a request that the Administrator and others
meet with her to determine if in fact those issues existed. And we found that there were in
question whether or not it occurred that way that she described it to you. At that meeting we
were looking at the taxicab ordinance and this is a model ordinance that probably came about,
about back in the mid 90’s. It was a model ordinance that the county government commissioners
association, what am I trying to say, the Commission Association of Georgia sponsored. And it
was adopted. And over the years it’s been amended to address certain issues as they came up. It
was time based on that meeting one of her concerns was that when she had the car inspected it
didn’t fully detail in our ordinance what they were going to be looking at even though the
Sheriff’s Department had a list of items that they would check. What we’ve done is we just
clarified it. If you’re applying for a license this is, these are the guidelines this is the application
this is what you have to meet. If there is a, if there is a problem with the way you’re conducting
business there are three steps that we can bring the violations to the Commission for you to take
action. And it’s really it was just putting details in the ordinance where it was somewhat ---
Mr. Mason: And this applies to all the taxicab drivers to include the ones that operate on
a federal installation?
Mr. Sherman: Yes, sir.
Mr. Mason: Fort Gordon? Okay, so under the scenario that I gave you, you don’t see an
issue with that necessarily? Somebody goes out and buys a 2005 or six and they have basically
36
two years of lifespan as far as them buying it for the purposes of being a taxi and they could only
use it for a couple of years under that scenario?
Mr. Sherman: You know if they were going to buy a car if that’s what you approve then
they probably would want to try to buy a newer car if they could, if they could.
Mr. Mason: I understand. I think I know where you’re going.
Mr. Sherman: But that section of the code, we surveyed the other cities, comparable size
cities and I think it was Gwinnett County and Savannah that had age limits on their cars. And
that’s where that came from.
Mr. Mason: And I do understand, Mr. Mayor, I do understand what you’re saying.
We’ve got some unique situations here in Augusta Richmond County that others do not have in
that they’re somewhat of a monopoly in terms of who can operate on a federal installation who
can come and go. Somewhat who can operate at the airport and so forth. So there’s, there’s
some similarities but then there’s some distinct differences as well and I think we need to take all
of that into consideration when we’re looking at making a judgment on this taxi situation. Thank
you, Mr. Mayor.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. And Mr. Mason hit the nail right on the head
when it says unique situation in Augusta. I was talking with Mr. Guilfoyle about this earlier and
I was in complete agreement but what came back to my mind as the young man was talking there
about being limited Rob to the Fort Gordon area, the airport area. If we’re going to do this and I
ain’t got no problem supporting it for ten years but we need to open up everything to everybody.
I mean because if we don’t then we only got a small group who’s going to be getting the little
fish out here and the big fish are still swimming there. This has been an ongoing thing in the city
for a long time. And I got no problem going with the ten year but that would afford people to
make some money to be able to buy another car. But if you’re going to keep me in a position
where I can’t make the money but you want me to keep up with the rest of the pack I’m not
going to be able to do that. So if we can amend that motion to open up the full scheme to
everybody, give everybody a chance we’ve got an officer with the Richmond County Sheriff
who inspects these cars to make sure that they are safety approved. So regardless of their age if
the Sheriff’s Department approves it if you’ve got the proper safety equipment you know it’s not
polluting the air and all the things that he does I got not problem supporting it. I’m not going to
be able to support it if we’re going to leave it like it is. I hear my colleague saying we’re not
going to do that. Are we able to do that?
Mr. Sherman: No, sir. As far as with Fort Gordon we’re not. Seeing that it’s a federal
installation who they allow out there is something we have no control over. As far as the airport
goes the cab drivers can apply and purchase a permit to work out there. So they can ---
Mr. Williams: Okay, Mr. Mayor, I guess what I need for the Clerk to do is to get a
meeting with somebody at Fort Gordon. I think Fort Gordon will respect businesses that are
37
doing business to come in. We need to talk to them. If they’re going limit us you know I think
we need to stand up and have a conversation with them. If it ain’t the full Commission I would
love to go talk to them because I’ve got people who are really ready, willing and able to work but
not afforded that opportunity. So if we can get somebody to respond to us about what we need to
do because if they’re discriminating, folks don’t like that word. But if it’s right it’s right.
Mr. Mayor: Okay.
Mr. Williams: Two more minutes, Mr. Mayor. Can I have two more, please?
Mr. Mayor: You’ve had, I’ve recognized you twice Commissioner Williams. No
disrespect, I’ve got two Commissioners down here that want to speak.
Mr. Williams: Can I have one minute then, Mr. Mayor. Mr. Sherman, all I’m saying ---
Mr. Mayor: Thirty seconds.
Mr. Williams: --- all I’m saying let’s do this right. I mean I can’t be in agreement with
that. If we’re going to open it up we need to define a way to do that and give everybody a
chance that comes to the table.
Mr. Mayor: Okay, Commissioner Fennoy then Commissioner Jackson. Ma’am, I’m
sorry you have to be recognized and there are Commissioners that I’ve recognized.
Mr. Fennoy: I have two questions. Are the taxicabs inspected mechanically or are they
just?
Mr. Sherman: Not mechanically. They do not put them up on a life and go through the
mechanics no sir.
Mr. Speaker: Can I say something?
Mr. Mayor: No, sir, you need to be recognized and I’ve recognized two Commissioners
please.
Mr. Speaker: I’m sorry.
Mr. Fennoy: And my next question does this apply to taxicabs and limos or just taxicabs.
Mr. Sherman: This applies to taxicabs. We are working with amending the limousine
ordinance because it also has not been amended or updated in a while. But that’s not at this time.
Mr. Fennoy: Okay.
Mr. Mayor: Okay. Commissioner Jackson.
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Mr. Jackson: Thank you, Mr. Mayor. I guess part of this from the previous discussion
was, you know, how can we get to where we want to be? And you know, Mr. Williams, out of
no disrespect I own my own business as well and I’m me, myself and I and I have to plan and
budget for my new vehicle every five to ten years and I do that too. You know according to the
Fort Gordon contract and Mr. Mason can back me up on this or not you have to apply. You have
to meet certain criteria to be able to come out there. Secondly as I was going to ask about the
Mall I believe that the Mall is a private owned business and they asked for a company. They are
trying to increase their image. I’m not knocking anyone out there and I believe the airport is the
same way. What brought this upon was a certain cab company was not in compliance, hasn’t
been in compliance and we’re trying to make the ordinance better so that they have protection
because these people coming to visit Augusta I don’t care if it’s East Boundary or The National
need to ride in something that’s dependable. And that’s when I’d asked Mr. Sherman and Cpl.
Morrison from the Sheriff’s Office what can we do to strengthen our codes to give our riders a
better ride. I certainly keep a vehicle more than five years and then I buy a new one. It’s called
savings. It’s tough as hell to do but I can do it. Now at the end of the day you know you want
people to be delivered safely in this town without any lawsuits or any ill feeling towards. Now I
do know that one cab company strictly, they disobey the rules so many times and I think it’s time
that we set precedents to a ten year with this ordinance that you can get grandfathered in I
believe is about as best as you can get for right now.
Mr. Mayor: Thank you, sir. Commissioner Smith.
Mr. Smith: Is Mr. La Tellier still here?
Mr. Speaker: No.
Mr. Smith: Who decides, who decides the contract out at the airport because I’m kind of
following along with Mr. Williams. Who decides about the airport contract for the cabs?
Mr. Speaker: Well, ultimately, you do. The airport’s policy is that anybody that wants to
serve there, there is a fee. We enter into annual permit and it eventually ends up before this
Commission.
Mr. Mayor: Okay, if there’s no further discussion there’s been a motion that’s been
made. Commissioner Lockett.
Mr. Lockett: Much of what I wanted to say has been said but I just wanted it known, Mr.
Rob to know that I was informed prior to the meeting that the general consensus of all the
taxicab drivers that if that they could be grandfathered in they were receptive to that. But I
would not ever make a vote that’s going to deprive someone of making a living. So I just wanted
to make that perfectly clear. And I can understand exactly what you’re saying by the cost factor.
Thank you, Mr. Chairman.
Mr. Mayor: Thank you, sir. And Commissioner Williams I have recognized you twice.
I did want to hear from this young lady down here. Yes, ma’am.
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Ms. Speaker: I’m one of the owners of Checker Cab and I did want to address a couple
of things that have been brought up. Of course we are the big company that everybody’s been
referring to. However the way we became the big company was competition. We didn’t come
into this city with brand new vehicles. We competed for the Fort Gordon contract, we competed
for the Mall contract and we competed for any of the contracts we currently have because we
raised the standards of what was in the city. We came in and activated a system and put
something in place that was higher than what was happening in the city therefore we got the
attention of the other people in the city that were handing out contracts. Everybody here, the old
taxicab companies that have one or two or older vehicles are complaining that we’ve
monopolized the business. However they don’t want to raise their standards to be able to
compete for those contracts. So this is an entity that is for the safety of the people and the safety
of the people coming into the city of Augusta. While a passenger vehicle has a shelf life of
maybe fifteen years and it could be fair and safe and okay for somebody these taxicabs are
operating most of the time 24/7 and they’re carrying other passengers. And it’s their safety and
well-being. We have The Masters we’re looked upon publicly in a big way and I don’t see any
reason why there’s such a problem with creating some kind of standard that raises everybody
than anybody in here can compete. It’s not just us.
Mr. Mayor: Okay. Thank you, ma’am. Okay, if there’s no further discussion
Commissioners will now vote by the usual sign of voting.
Mr. Guilfoyle: (inaudible) motion sir?
Mr. Mayor: Move to ---
The Clerk: Approve.
Mr. Mayor: --- approve.
Mr. Fennoy, Mr. Mason and Mr. Williams vote No.
Motion Fails 5-3.
Mr. Mayor: No action taken. Without the need for a Legal Meeting and with no further
business to come before the body, we stand adjourned.
[MEETING ADJOURNED]
Nancy W. Morawski
Deputy Clerk of Commission
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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
January 15, 2013.
__________________________________
Clerk of Commission
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