HomeMy WebLinkAboutRegular Commission Meeting February 5, 2013
REGULAR MEETING COMMISSION CHAMBER
FEBRUARY 5, 2013
Augusta Richmond County Commission convened at 5:00 p.m., February 5, 2013, the
Hon. Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Mason, G. Smith, Williams, Fennoy, Johnson,
Jackson, Davis and D. Smith, members of Augusta Richmond County Commission.
The invocation was given by the Reverend Robert D. Fain, Pastor, Church of the Good
Shepard.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: If everybody’s ready I’ll go ahead and call the meeting to order. And I’d
like to call on my Pastor, and I can say that now that my church membership has been
transferred. Reverend Robert D. Fain, Pastor, Church of the Good Shepard. Please stand.
Mr. Mayor: Reverend, if you could come forward I have a little something for you.
Thank you for that wonderful invocation. By these present be it known that Reverend Robert D.
Fain, Pastor, Church of the Good Shepard is Chaplain of the Day for his civic and spiritual
guidance demonstrated throughout the community. Serves as an example for all of the faith
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community. Given under my hand this 5 Day of February 2013. Deke Copenhaver, Mayor.
Thank you so much. (APPLAUSE)
Reverend Fain: I’ve got quite a collection of these. I can swear the last time I was here I
tried to make atonement (inaudible). The previous time (inaudible) I think the consequence of
that (inaudible).
Mr. Mayor: Thank you, sir. And before we get started I just wanted to make a special
recognition of Commissioner Grady Smith who’s here today to say welcome back. You’re a
tough hombre but we missed you. (APPLAUSE)
Mr. Smith: Mr. Mayor, I just want to tell everybody I appreciate the thoughts and
prayers while I was in the hospital and rehab. And I’ll tell you something it really makes you
feel good you know even some folks I’ve been on opposite sides on issues have called and just
the thoughts and prayers of everybody, I just, to tell you I really appreciate it. Thank you.
(APPLAUSE)
Mr. Mayor: All righty, Madam Clerk, on to the consent agenda.
The Clerk: Yes, sir. Our consent agenda consists of items 1-23. And under the Public
Services portion of the agenda we have a request for one Special Events License. And if there is
any one here who is in objection would you please signify your objection by raising your hand.
That is a request for a One Day Special Events license (Beer) to be used in connection with
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Tipsey McStumbles located at 214 7 Street with the event to be held on March 16 in
observance of St. Patrick’s Day. Are there any objectors to this alcohol petition?
Mr. Mayor: None noted.
The Clerk: So our consent agenda is items 1-23. And we do, Mr. Mayor, have an
addendum agenda.
Mr. Mayor: Okay. Please, ma’am.
The Clerk: We have a request for from the License and Inspections Division of Planning
and Development for the deletion of Item #24 which will be eventually referred back to Public
Services. And we have a request for one addition to the agenda from Commissioner Guilfoyle.
It is a motion to approve the transfer of the Hephzibah/Carroll Park properties from Augusta,
Georgia to the City of Hephzibah for governmental operations, providing further that the transfer
shall be subject to certain conditions.
Mr. Mayor: Okay, lady and gentlemen, do we have, are we okay with the deletion? And
do we have unanimous consent to add the other agenda item? Okay. Thank you, ma’am. And
do we have any discussion on that or can we add it to the consent agenda?
Mr. Mason: The uh ---
Mr. Mayor: Commissioner Mason? Okay, everybody’s good? Okay. Thank you so
we’ll put that one on the consent. Do we have any other items to be added to the consent
agenda? Commissioner Johnson, Mr. Mayor Pro Tem.
Mr. Johnson: Thank you, Mr. Mayor. If we don’t have any issues with item 29 and I just
wanted to make sure item 28 we can add if everybody’s seen the appointments that they have
been assigned to. Just wanted to make sure that they’ve seen that so they’ll know what boards
they will be participating in. But if they don’t have a problem we can add those two.
Mr. Mayor: Okay. Do we have any further additions to the consent agenda?
Commissioner Lockett.
Mr. Lockett: I’m trying to play catch up, Mr. Mayor. I think number, agenda item #26.
Mr. Mayor: Okay. Do we have any further items to add to the consent agenda? Okay.
Commissioner Williams, did you have an addition?
Mr. Williams: Is number 28, is that added to the consent? Is that what Mr. Johnson said?
Mr. Johnson: Yes, add to consent.
Mr. Williams: I’d like to have just a little discussion on that. I mean I see the names
flowing on these committees and no one I guess. Can I ask a question Mr. Mayor?
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Mr. Mayor: Yeah, go ahead.
Mr. Williams: Are those names just drawn out of the hat? I mean, I, do we get these
assignments. I mean what?
Mr. Johnson: Well, pretty much we just kind of looked at everybody’s pretty much
actually went back to the boards that they were formerly assigned to except with exception of the
new members. And like, of course, Commissioner Mason, he was switched because he was on a
different board before. But he’s on the Planning Commission now. But everybody else has
pretty much been reassigned to the committees, appointments that they were originally assigned
to be before.
Mr. Mayor: With by district the new Commissioners taking the appointments of the ---
Mr. Johnson: Right, correct.
Mr. Mayor: --- Commissioners, rolling on.
Mr. Williams: Okay, I just needed some clarification. We’re assuming the roles of the
Commission that we replaced. Is that right?
Mr. Mayor: Yes, sir.
Mr. Williams: And that answered my question then.
Mr. Mayor: Okay, so you’re okay with it on consent?
Mr. Williams: (inaudible).
Mr. Mayor: Okay. Do we have any items to be pulled for discussion? Commissioner
Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I’d like to pull 9, 18, 22.
Mr. Mayor: Thank you, sir. Are there any further items to be pulled for discussion?
Mr. Williams: Mr. Mayor?
Mr. Mayor: Commissioner Williams.
Mr. Williams: I’d like to pull item 8 for discussion please.
Mr. Mayor: Okay.
Mr. Williams: And item #14 for a little discussion as well.
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Mr. Mayor: Okay, are there any further items to be pulled? Hearing none, can I get a
motion to approve the consent agenda?
Mr. Johnson: So moved.
Mr. Jackson: Second.
CONSENT AGENDA
PLANNING
1. 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 Regulation) regarding height of obstacles to aviation in Augusta. (Approved by
the Commission January 15, 2013 – second reading).
PUBLIC SERVICES
2. Motion to approve a request by Michael Anglin for a One Day Special Events license
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(beer) to be used in connection with Tipsey McStumbles, LLC located at 214 7 St. The
event will be held in front of the location on 3/16/13 in observance of St. Patrick’s Day.
District 1. Super District 9. (Approved by Public Services Committee January 28, 2013)
3. Motion to approve the Title VI Plan for Augusta Public Transit between the Federal
Transit Administration (FTA) and Augusta, Georgia. (Approved by Public Services
Committee January 28, 2013)
4. Motion to approve the recommendation for a 90-day alcohol and business license
suspension with a one-year probation period beginning at the end of the suspension for Mr.
Daniel Magana, d/b/a: Club El Fiesco, LLC, 2925 Peach Orchard Road, for failure to
comply with the Augusta-Richmond County Alcohol Ordinance and Occupation Tax
Ordinance. (Approved by Public Services Committee January 28, 2013)
5. Motion to approve Lease for Remote Transmitter/Receiver (RTR) covering the Augusta
Regional Airport. (Approved by Public Services Committee January 28, 2013)
6. Motion to provide authorization to Turner Construction Company to award Bid
Package #2, in the amount of $2,302.011.00, which provides the Site Work, Auger Cast
Piles and Exterior Wall Demolition Mock-up for the Augusta Georgia Municipal Building
Renovations and Modernization. (Approved by Public Services Committee January 28,
2013)
7. Motion to authorize the purchase of Banquet Kitchen Smallwares and Utensils for the
new TEE Center. (Approved by Public Safety Committee January 28, 2013)
PUBLIC SAFETY
10. Motion to accept a 2012 Victims of Crime Act (VOCA) Assistance Grant Award for the
Solicitor’s Office from the Criminal Justice Coordinating Council for the period 10/1/12 to
9/30/13 with federal funding in the amount of $30,000 and matching funding in the amount
of $7,500 for a total amount of $37,500. (Approved by Public Safety Committee January 28,
2013)
FINANCE
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11. Motion to approve the purchase of two pothole patch trucks for Augusta Engineering
Department – Maintenance Division. (Approved by Finance Committee January 28, 2013)
ENGINEERING SERVICES
15. Motion to approve a contract modification to Cavanaugh and Associates’ contract to
further develop Water Efficiency Program. (Approved by Engineering Services Committee
April 9, 2012) (Approved by Engineering Services Committee January 28, 2013)
16. Motion to approve receiving as information the matter of discussion regarding the
dredging of Lake Olmstead, allowing the engineers to develop the best course of action, and
working with the district commissioners who are impacted to reach an amicable decision
between them and the Corps of Engineers in order to move forward. (Approved by
Engineering Services Committee January 28, 2013)
17. Motion to approve adding a second crosswalk on the west side of the Parking Deck.
(Approved by Engineering Services Committee January 28, 2013)
PETITIONS AND COMMUNICATIONS
19. Motion to approve the minutes of the regular meeting of the Commission held January
15, 2013 and Special Called Meeting held January 28, 2013)
SUBCOMMITTEE
Pension and Audit Committee
20. Motion to approve COLA increases for retirees of 1945 and 1949 Pension Plans to be
effective March 1, 2013 in the amount of 1.7% in the amount of increase published for 2012
for the South Region. (Approved by Pension Committee January 28, 2013)
Pension and Audit Committee
21. Motion to approve Internal Audit work schedule for 2013. (Approved by Pension and
Audit Committee January 28, 2013)
APPOINTMENTS
23. Motion to approve the appointment of Jacqueline C. Johns due to the resignation of
Mr. Wilfred Hunt to the Augusta-Richmond County Library Board of Trustees
representing District 6.
APPOINTMENTS
28. Motion to approve the following 2013-14 Ex-Officio Commission appointments to
various Augusta-Richmond County Boards, Commissions and Authorities: Commissioners
Marion Williams, Board of Health, Joe Jackson, Augusta Aviation, Wayne Guilfoyle,
Greater Augusta Arts Council, Alvin Mason, Planning Commission, Mary Davis, Library
Board, Grady Smith, General Aviation, Bill Fennoy, Board of Education, Bill Lockett,
Family Connection, Corey Johnson, Richmond County Hospital Authority, Donnie Smith,
9-1-1 Emergency Board, Bill Lockett, Tax Assessors Board, and Corey Johnson, CSRA
Regional Development Authority. (Requested by Mayor Pro Tem Corey Johnson)
29. Consider the following recommendation of the Richmond County Hospital Authority to
fill new and unexpired term(s) For position being vacated by Jeffery Foreman for the
unexpired term of two years ending December 2014; Rabbi D. Sirull, I Gary Katcoff and
Haskell D. Toporek. For position being vacated by Ernie Sizemore, (4-year term) Randolph
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R. Smith, Hugh Hamilton, Levi W. Hill, IV. For position being vacated by Rev. Clyde Hill,
Sr. for unexpired term of one year ending in December 2013; Mac A. Bowman, M.D.,
Sanford Loyd, Terry D. Elam.
ADDENDUM
30. Motion to approve the transfer of the Hephzibah/Carroll Park properties from
Augusta, Georgia to the City of Hephzibah for governmental operations, providing further
that the transfer shall be subject to certain conditions.
Mr. Mayor: Commissioners will now vote by the usual sign of voting.
Mr. Mason: Uh, what just happened?
Mr. Mayor: What just happened?
Mr. Smith: We haven’t voted just yet.
Mr. Mayor: It’s voting to approve the consent.
Mr. Smith: There was some discussion, Mr. Mayor, between Mr. Mason and I and I
thought he did it and he thought I did it. We wanted to pull number 13.
Mr. Mayor: I will say the vote has already been called for. So I apologize, gentlemen,
but the vote had been called before and the vote was already being taken.
Mr. Guilfoyle: Madam Clerk, would you put on the next committee cycle the discussion
of the budget please.
The Clerk: Yes, sir.
Mr. Guilfoyle: Thank you.
Mr. Mayor: Or we can, Mr. MacKenzie. Mr. MacKenzie, can we get a vote to revisit
that item, number 13?
Mr. MacKenzie: You can do a motion to reconsider adding that item to take that item off
the consent agenda.
Mr. Mason: So moved.
Mr. Jackson: Second.
Mr. Mayor: Okay, we still need to count the votes on this one.
The Clerk: Would you all revote again, please?
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Mr. Williams: One more time. What?
Mr. Mayor: Approve the consent agenda and then we’ll get a motion to revisit 13.
Mr. Mason: Might as well as we hadn’t voted.
Mr. Mayor: But the vote was called for.
Motion Passes 10-0. [Items 1-7, 10-12, 15-17, 19-21, 23, 28, 29, 30]
Mr. Mayor: And the motion to be proper, Mr. MacKenzie?
Mr. MacKenzie: A motion to reconsider item 13 and to remove it from the consent
agenda.
Mr. Mayor: Can I get a motion to that effect?
Mr. Mason: So moved.
Mr. Jackson: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign of voting.
Motion Passes 10-0.
Mr. Mayor: Okay, Madam Clerk, let’s go to the pulled items first in the order that they
come on the consent agenda, please?
The Clerk:
PUBLIC SAFETY
8. Motion to approve entering into a Property Lease Agreement between Augusta, GA., as
owner, and Gold Cross EMS, Inc., as Tenant, in connection with certain real property
known as and referred to as the “Wardens House” located at 2312 Tobacco Road and
authorize the Mayor and Clerk of Commission to execute such documents as necessary to
consummate the Lease Agreement, all in form as approved by General Counsel. (Approved
by Public Safety Committee January 28, 2013)
10. Motion to accept a 2012 Victims of Crime Act (VOCA) Assistance Grant Award for the
Solicitor’s Office from the Criminal Justice Coordinating Council for the period 10/1/12 to
9/30/13 with federal funding in the amount of $30,000 and matching funding in the amount
of $7,500 for a total amount of $37,500. (Approved by Public Safety Committee January 28,
2013)
FINANCE
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11. Motion to approve the purchase of two pothole patch trucks for Augusta Engineering
Department – Maintenance Division. (Approved by Finance Committee January 28, 2013)
12. Motion to approve property insurance coverage for 2013 offered through Affiliated
FM, current carrier, for a premium of $394,000 on blanket coverage. (Approved by
Finance Committee January 28, 2013)
Mr. Mayor: Commissioner Williams, I believe this was yours.
Mr. Williams: Thank you, Mr. Mayor. I have no problem with this, with this motion but
what I do have a problem with in the back of the agenda book we’re talking about renegotiating I
guess contracts where we are. I don’t understand how we can approve this and not knowing
what services we’re going to be provided for us. We enter into an agreement with a company
and maybe somebody here can speak to that and we have not clarified where we are with the
item. I think the item is number what? Item number 27.
Mr. Mayor: I believe Ms. Smitherman can?
Ms. Smitherman: Thank you so much, Mr. Mayor and Commission. This lease is
specifically drafted such that is the contract between Augusta, Georgia and Gold Cross were to
terminate this lease also terminates at the same time.
Mr. Williams: Okay, and I’ve got no problem having that clarification brought out to
know. I have no other questions, Mr. Mayor.
Mr. Mayor: Okay, can I get a motion to approve?
Mr. Williams: Motion to approve.
Mr. Jackson: Second.
Mr. Mayor: We have a motion that’s been properly seconded. If there’s no further
discussion Commissioners will now vote by the usual sign.
Motion Passes 10-0.
Mr. Mayor: Madam Clerk, next agenda item, please.
The Clerk:
PUBLIC SAFETY
9. Motion to approve CSRA Probation Services Inc. as company to provide Superior
Court Probation Supervision Services for misdemeanor violations in the Augusta Judicial
Circuit. (Approved by Public Safety Committee January 28, 2013)
Mr. Mayor: And, Commissioner Lockett, was this yours?
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Mr. Lockett: Thank you, Mr. Chairman. I don’t have anything against the item but I just
need a little clarification. Who could I direct my questions to? Mr. Administrator?
Mr. Russell: Between myself and the Attorney gives us a try here, sir.
Mr. Lockett: Okay. This includes three counties and I would assume that Burke and
Columbia County’s already agreed to this?
Mr. MacKenzie: No, sir, if their approvals have gone through. But they’re being
simultaneously submitted to those jurisdictions as well.
Mr. Lockett: And who’s going to provide oversight for this particular contract?
Mr. MacKenzie: It’s my understanding it would be the courts.
Mr. Lockett: And was there any discussion as to whether or not we’re going to have the
same problem with CSRA that we’ve had with one previously as far as incarcerating people
because they got behind on their probation fees?
Mr. MacKenzie: I’m not sure if the Chief Judges have those discussions with that
particular organization but I would assume so. And I would also assume that would be
something the judge would be managing as part of managing the contract.
Mr. Russell: If I can, Mr. Mayor. The judges are well aware of that and he’s had those
discussions. And I’ve had those discussions with Judge Overstreet.
Mr. Lockett: I feel better. Thank you, Mr. Chairman.
Mr. Mayor: Okay, thank you, sir. Can we get a motion on this?
Mr. Lockett: Move to approve.
Mr. Johnson: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign.
Motion Passes 10-0.
Mr. Mayor: Thank you, Madam Clerk, and the next agenda item, please.
The Clerk:
FINANCE
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13. Motion to approve moving the recommended 2013 budget items not approved in the
adopted budget forward to the full Commission. (Approved by Finance Committee
January 28, 2013)
Mr. Russell: Mr. Mayor, members of the Commission. We could delay that to the end of
the meeting. I think it might be the most appropriate way to do that.
Mr. Mayor: Gentlemen and lady, ya’ll cool with that? Okay. Okay, we will delay
discussion on that.
Mr. Williams: Mr. Mayor?
Mr. Mayor: Yes, sir, Commissioner Williams.
Mr. Williams: I’ve got no problem facing it now or facing it later but can the
Administrator help me to understand why later? Is something else in this agenda that we’re
going to cover that won’t come up or will come up and that’s why we’re delaying it to later? I
mean is that the reason?
Mr. Russell: Two reasons. One is which we’re still putting together what I want to be
the presentation I give when we go to that issue. The second of which is I think it would take
more time than the others and we’ve got people here in the audience that I think would be
appropriate to go ahead and take care of those issues before we come back to that.
Mr. Williams: No problem, Mr. Mayor.
Mr. Mayor: Okay. Thank you, sir. Madam Clerk, next agenda item.
The Clerk:
ENGINEERING SERVICES
14. Motion to approve Amendment No. 3 to Agreement with ESG Operations, Inc. to
establish the final budget amount for 2013 facility operations at $5,529,132.00 and
additional work at $499,800.00. (Approved by Engineering Services Committee January
28, 2013)
Mr. Mayor: Was this yours, Commissioner Williams?
Mr. Williams: Yes, it was.
Mr. Mayor: Okay.
Mr. Williams: Thank you very much, Mr. Mayor. And I’ve got no problem with this
contract. We’ve been some three or four years if not longer but I’d like to know when are we
putting some contracts on the schedule to be looked at when we looked at this one. I need to
know how much participation we have had from this contract for local business, small business
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whatever we have. I need to get something in writing to show what we’ve spent this kind of
money. This is the third time and I’d like to see some figures, some tangible paperwork that I
can look at to say because we was promised. And everybody promised us when they get up here.
Mr. Wiedmeier I know this ain’t your baby you’re rocking today but you know what I’m talking
about. I just need, I need something brought back to show what we’ve been doing. We let too
many of these go out and then they do whatever and we don’t know. So it’s not just this one.
All of them are going to have to dance to the same music I think. I mean and that’s why I want
to get accountability back what we’ve been looking for.
Mr. Mayor: Mr. Wiedmeier.
Mr. Wiedmeier: Mr. Mayor and members of the Commission, we’d be glad to assemble
those numbers for their local business participation. I know that they’re keeping it and it is a
priority for them so I think you’ll be pleased with it.
Mr. Williams: If they’re making a profit for us, Mr. Mayor, I certainly appreciate it.
Mr. Mayor: We need a little prime. Go ahead.
Mr. Williams: I want to make a motion to approve.
Mr. Jackson: Second.
Mr. Mayor: We have a motion that’s been properly seconded. If there’s no further
discussion Commissioners will now vote by the usual sign.
Motion Passes 10-0.
Mr. Mayor: Thank you, Madam Clerk, next agenda item.
The Clerk:
ENGINEERING SERVICES
18. Motion to approve entering into an agreement with Georgia Power Company stating
that Augusta, Georgia will pay a portion of the cost to relocate their distribution facilities
on the project to improve Wrightsboro Road from Jimmie Dyess Parkway to I-520, CPB#
323-041110-296823309, in accordance with the estimate totaling $240,153.00. Also, approve
the two Utility Relocation Agreements for distribution facilities to be executed by the
Augusta, Georgia Legal Counsel and the Mayor and approve payment upon completion of
the work as requested by AED. (Approved by Engineering Services Committee January 28,
2013)
Mr. Mayor: Commissioner Williams was it.
Mr. Jackson: Motion to approve.
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Mr. Mayor: We have a motion. Is there a second on that?
Ms. Davis: Second.
Mr. Mayor: We have a motion that’s been properly seconded. Commissioner Williams
this was yours or was this?
Mr. Williams: Mr. Lockett pulled it.
Mr. Mayor: Oh, excuse me.
Mr. Williams: I do have a question.
Mr. Mayor: Okay, maybe he’ll get an answer for you.
Mr. Williams: Okay.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I have a problem, not a problem but a concern
with the second half. I understand the first half but where it says also approve the two Utility
Relocation Agreements for distribution facilities to be executed by the Augusta, Georgia Legal
Counsel and the Mayor and approve payment upon completion of the work as requested by
AED. That part I don’t understand. What are we talking about there? And I don’t see any dollar
amounts. Is that $240,153 inclusive with that or separate and apart or what?
Mr. Ladson: No, the amount is $240,153.00 dollars.
Mr. Lockett: But a whole paragraph.
Mr. Ladson: Yes, and the reason it’s been it’s written like that it’s because on the actual
agreement it requires the General Counsel and the Mayor’s signature. So that’s why.
Mr. Lockett: Mr. Ladson, that’s confusing. Thank you, Mr. Chairman.
Mr. Mayor: Okay. Thank you, sir. Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. Mr. Ladson, I see that $240,153 but it says
totaling that amount. But what’s the city’s part. I mean how much is that, is that half, is that
what we’re going to pay.
Mr. Ladson: No, that’s actually what we’re going to pay. The Georgia Power is actually
going to pay $1.9 million, well, $1,965,000,104 dollars.
Mr. Williams: No more questions, Mr. Mayor.
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Mr. Mayor: Thank you, sir. Can I get, we’ve had ---
Mr. Lockett: Motion to approve.
Mr. Mayor: --- I think we actually already had a motion and a second. If there’s no
further discussion Commissioners will now vote by the usual sign.
Motion Passes 10-0.
Mr. Mayor: Thank you, ma’am, next agenda item please.
The Clerk:
SUBCOMMITEE
Pension and Audit Committee
22. Motion to approve directing the Finance Director to do a straw poll for current
employees that will be eligible for this benefit and determine whether or not the numbers
are such that it would be appropriate for us (city) to do that and also look at the financial
impact on the city regarding holding a divided note on a Social Security referendum for
1945 and 1949 pension plan active members desiring coverage. (Approved by Pension and
Audit Committee January 28, 2013)
Mr. Mayor: Commissioner Lockett, this was your?
Mr. Lockett: Thank you, Mr. Chairman. There again this is just strictly for clarification
purposes. On the second page where it says current employees that would be eligible for this
benefit. I don’t know what for this benefit is and it goes on to say it would be appropriate for us
the city to do that. What is it? I don’t understand. That confuses me. I need a little clarification
on that if I could get it please.
Mr. Mayor: Ms. Williams.
Ms. Williams: Okay, in the Pension Committee Meeting last Monday this item was
brought forward. The older pension plans one of the former City of Augusta which is referred to
as the 1949 plan and the former Richmond County plan which is the 1945 Plan those members
are not covered by Social Security. There have been inquiries by some of the still active
members. Those plans are closed. There are no new members out there. There are only two that
are still active in the 1945 Plan. There are 65 currently still active in the 1949 Plan. These are
both very mature plans. A, every now and then an inquiry comes up from a current employee
that is in those plans wanting to know if they can opt in for Social Security coverage and start
paying it. Because we had those questions and I did not have the answer I referred that to the
firm which is Ice Miller. That keeps us in IRS compliance for these two plans. They came back
with the possibility that Augusta-Richmond County could hold what is called a Divided Vote
Referendum for the active members of those plans whereby those members could decide whether
or not individually that they wanted to start paying Social Security. That would be a personal
decision based on their circumstances whether they would work long enough here or whether
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they had Social Security Quarter Credits previously from another job whether or not it would
benefit them. It would not have to be an all of them in or all of them are out type of situation.
They could individually make that decision for themselves and then we could either start
withholding Social Security from the checks of those that participated or leave it as is for those
that didn’t.
Mr. Lockett: Mr. Chairman, may I follow up?
Mr. Mayor: Yes, sir. Please.
Mr. Lockett: Ms. Williams, your presentation was great. I really didn’t want all that but
after you began I said it’s good. My only concern was is the language. I think this paragraph
needs to be rewritten. Yeah because if somebody looks at this six or eight months down the road
they’re going to wonder what the heck are they talking about? That’s all I meant.
Ms. Williams: We can take out.
The Clerk: We can take care of that.
Mr. Lockett: Okay, move to approve Mr. Chairman.
Mr. Williams: 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 10-0.
Mr. Mayor: Madam Clerk, on to the regular agenda, please, ma’am.
The Clerk:
PUBLIC SERVICES
25. Motion to approve a lease agreement with Virginia Beach Golf Management to operate
the Augusta Municipal Golf Course pursuant to the terms and conditions set forth in RFP
12-206 through the attached negotiated lease agreement. (No recommendation from Public
Services Committee January 28, 2013)
Mr. Jackson: Motion to approve.
Ms. Davis: Second.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. Mr. Shanahan, oh,
Commissioner Williams.
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Mr. Williams: I’d like to offer a substitute motion to deny this proposal. And I would
like to have some discussion first of all before we I mean if I can get a second to my motion then
---
Mr. Lockett: Second.
Mr. Williams: --- the first thing is when this was pushed forward back in 2012 we was
told that the company or the group would come back with a proposal to bring back to us. Now I
don’t know about the rest of the Commission but I had not seen that proposal. I have not talked
to, I’ve seen some of my (unintelligible) sitting down and a proposal what I thought was that we
would take in what we liked and take out what we didn’t like that they would put in what they
liked and take out what they didn’t like. And now it’s been brought to us again to approve. Here
we are the golf capital of the world and Augusta is not known but for two things and that’s James
Brown and The Masters. Augusta’s not known for baking bread or anything else it’s all about
James Brown and the Masters. And here we are with a city golf course that has been proven to
be effective, proven to be beneficial by private sources. And when we take it over as a city Mr.
Mayor it always go back to the status quo because we don’t inspect, but we actually we don’t
hold people accountable. If a company wants to come in here and run this golf course they are
for profit and I don’t blame them for being for profit. But I do blame, I blame this body as a
whole for not holding people accountable and make sure we put people in place like they put
people in place to manage the golf course. Now Mr. Russell’s going to make a recommendation
sometime this week or next month or sometime for a new director for –
Mr. Mayor: Do you want to be recognized for a second two?
Mr. Williams: Yes, sir.
Mr. Mayor: Go ahead.
Mr. Williams: Give me four more since you’re going to do that.
Mr. Mayor: I’ve got to stick within the rules.
Mr. Williams: I mean now, Mr. Mayor, I understand but let me get my time in. Here we
are like I said they come in and they’re making money and I don’t blame them for that. I’m not
saying anything is wrong with this company or that they can’t do the job. What I’m saying is we
ought to be good stewards of the money. We ought to make sure that people are doing what
they’re supposed to do. It’s like our Fire Department our Water Works Department we hold
people accountable. And this golf course can do the same thing that we hold them accountable.
I don’t understand why the rush that has been pushed to privatize this golf course so bad. That
really makes me livid because of the push for the last of last year a Called Meeting was called
specifically for that. And it was supposed to come back to us with a proposal. Now maybe ya’ll
had a meeting maybe ya’ll sat down and negotiated the talk but I don’t nobody else negotiating
for me. I want to go see it for myself so that’s why I want to make the substitute motion that we
deny this Mr. Mayor.
15
Mr. Mayor: Thank you, sir, and Commissioner Guilfoyle you, Wayne?
Mr. Guilfoyle: Yes, sir. I appreciate my colleague for giving his view point but Mr.
Administrator how much more funds do we have set aside to keep this golf course open at this
time?
Mr. Russell: It’s currently unbudgeted, sir.
Mr. Guilfoyle: All right so at this point now we either move forward by outsourcing or
we shut it down. Is that correct, sir?
Mr. Russell: Or if the will of the body is to continue to operate the course we have to
amend the budget to reflect sufficient dollars to do so. We also are in timeframe where it’s
beginning to be time to sow the grass and put the fertilizer and stuff so we need to start making
some decisions on that. Either we’re going to maintain it or move forward at the moment.
Mr. Guilfoyle: Right. My only concern is as a good steward of the taxpayers if we keep
this in house we’re going to have to vote by this group and convince the citizens that how we
could actually fund $405,000 dollars to get this operation back up on its feet and keep it in house
knowing from the past history we have always been losing money. And that’s my concern. We
have a great opportunity with this Virginia Beach Golf Management. They do three or four other
cities, manage it and from what I could find out is they do an excellent job. And it’ll make us
look better as a city. Thank you, Mr. Mayor.
Mr. Mayor: Thank you, sir. And actually Commissioner Davis then I saw Commissioner
Mason then I saw Commissioner Fennoy then I say Commissioner Williams. I’m going to have
to get you for a point of personal privilege. Well, let’s just get to that point and then we’ll, I
think everybody’s going to want to speak on this issue. Commissioner Davis first.
Ms. Davis: Thank you, Mr. Mayor. I went and looked around at The Patch the other day
because I do play golf and I know how a golf course needs to be as far as in a playable and
enjoyable condition. I’ve had phone call after phone call about the members who have played at
that course for twenty something years and they have now changed their membership because it
is in such dire need of professional attention for a golf course. I have someone here that I would
like to speak on behalf of The Patch. Would you recognize?
Mr. Mayor: I’d be happy to give him five minutes. And if you could state your name
and address for the record, please, ma’am.
Mr. Speaker: My name Gina Craw. I am from, my address you said ---
Mr. Mayor: Hmm, hmm.
Ms. Cross: --- 214 Chatham Road Augusta Georgia 30907. I have been, I actually was
an employee for the guys from Scotland. I also learned how to play golf at The Patch. In my
time there witnessed so much history, so much love for the course and my point tonight is these
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guys from Virginia Beach have a proven track record. They’re not opening a store for the first
time. The guys from Scotland did not unfortunately it was that. At one point we thought
somewhat turning around and then they ran out of their funds for whatever reason. But I have
firm belief that the guys from Virginia Beach have the ability to do it. I look at what the city has
restored and changed versus bridges, parks, neighborhoods and I have faith in this group that
they can do what they could do at The Patch. There’s so much history and so much memories
and there are so many people sitting in this room that play there or that have played there and
now it’s left because of the way it looks. And it would mean the world to me to see it turned
around and get in good hands and have it taken care of by this. If the city can do it or not I think
these guys from Virginia Beach have a proven track record to do it.
Mr. Mayor: Okay, thank you, ma’am. Is that it for you, Commissioner Davis?
Ms. Davis: Also as far as accountability I mean I like you know the contract states that
we will have beginning of each month you know records of what’s been played, how many
different tournaments and so that’s a good accountability in my mind. Thank you, Mr. Mayor.
Ms. Craw: Well, I’ve had people come to me and say that if it turns around we’re
moving back. And I have and that’s exciting because it is a beautiful course. It just needs to be
cleaned up inside and out.
Mr. Mayor: Thank you, ma’am. Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. Let me say this. This is no referendum against the
Virginia Beach Company. It has nothing to do with them. What it does have to do with though
is these crises that we manufacture that are not true crises at all. And I for one am pretty tired of
it. We went through this with the crew from Scotland and I for one vehemently opposed us
moving in that direction with that company. It was passed and now what we have had to do is
clean up the mess that a few of the Commissioners that were up here helped to make. And what
I see now is we’re coming back to the same situation and we’re rushing something else through
again. Well, the fact of the matter is and the facts that speak for themselves is the track record of
those who pushed for this before is not good. That’s a fact and it did not work and that’s a fact.
Before we brought this here and I was hoping we didn’t get here we should’ve had discussion
amongst ourselves so that we could bring this forward and we wouldn’t have to have this type of
dialogue up here. I’m hoping there’ll be a lesson learned from this because I’ve got a news flash
for you. What was allowed to happen for the last two or three years it ain’t happening no more,
period. So I’m willing to work with anybody up here and have good dialogue and compromise
and get some things done for this city. But I will not sit here my last two years with the
demographics that we have on here now and be forced into anything, period. That won’t happen.
So what does need to happen, ---
Mr. Mayor: Do you need another two?
Mr. Mason: --- yes, sir, Mr. Mayor, I appreciate that. So what does need to happen and
perhaps I need to put folks on notice that we’ve got to have the discussion. It takes six votes to
move anything up on this Commission and I’m sitting here on record saying I’m willing to have
17
a discussion so that we can come to some conclusions and move forward. I wish I saw this
passion about other things that are important to the masses of the city versus the few. It’s time
now to do the business of this city and I would hope that we have some folks up here that are
willing to do that. I’m raising my hand I’m standing up and saying I’m willing to talk. But
we’ve got to get some things done for the masses of the city versus just the few. When we do
that we can get some things done. And so it was mentioned last week that we do not even have a
recreation director hired. It would be in the best interest for him to come on board and help
evaluate and assess this situation. And so, Mr. Mayor, at this point I would hope that whatever is
appropriate because I don’t know that it will pass and I’m certainly not going to support this
today. I’m not saying I won’t ever support it but until we get effective communications going
on, on this Commission I’m not going to be ramrodded, have some type of manufactured crises
about swinging a golf ball or a golf club because you see I don’t know anything about it.
Swinging a golf club hitting a ball and thinking that’s so important that we have to do stuff
immediately. Not today. Not any day. Thank you.
Mr. Mayor: Thank you. Commissioner Fennoy.
Mr. Fennoy: I have talked to a bunch of guys that play The Patch on a regular basis.
And from my understanding we had about ten of The Patch golfers that put up $30,000 dollars
that offered $30,000 dollars of their own money to try to keep The Patch up and running. The
question that they asked me is how much money is The Patch actually losing. And they turned
around and asked my how much money is the Aquatic Center losing and how much money The
Tennis Center is losing. And if they’re not making money then why is the city singling out The
Patch as opposed to singling out The Patch, The Aquatic Center and the Newman Tennis Center.
Mr. Mayor: Okay. Okay actually, Marion, I saw you first but it’s a point of, I have
recognized you twice so a point of personal privilege.
Mr. Williams: Thank you, Mr. Mayor. Let me give a brief history lesson here. I don’t
see Sylvia Cooper here but we had so much problem with the Patch before that we went in and
investigated. Let me tell you how the Patch was run. The man owned, the first shift would
collect the money, Mr. Mayor, he would then in turn give it to the man in the second shift. The
man in the second shift would take the money home and then go to the bank the next day and
deposit. Now you tell me that’s accountability? I don’t know anything about this group that
wants to run the course it’s not against them. I’m sure they do a great job but before I vote to
turn it over to somebody else we need to make sure we have done everything that we can do to
make sure the Patch is run right. And not just the Patch but any other facility that we’re
supposed to be stewards over. Now we looked at the bus system said it ain’t making money and
we can’t do that. We looked at the golf course we looked at the Aquatic Center. The
government is not in business really to make money but it ought to at least break even. It ought
to take care of itself and that’s what we need to be doing. So I’m not against the group, the lady
came up I thought she was going to speak about the Patch she spoke about the group. I’m sure
it’s a good group. I’m sure they’ll do well somewhere else. But it’s just not that time here in
Augusta. We need to make sure that we have done with the new director everything that we can
do to make sure that the Patch is running smooth or held accountable. And then that way, Mr.
Mayor, I think we can get something done with it.
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Mr. Mayor: Thank you, sir. Commissioner Smith.
Mr. Smith: Mr. Russell, how much money are we suffering as a deficit in this budget?
Mr. Russell: Approximately $4 million dollars.
Mr. Smith: And how much money today are you proposing to add to that deficit?
Mr. Russell: About 1.2.
Mr. Smith: So you’re proposing that we have a $5.2 million dollar deficit and yet we’ve
got and you want us to continue, there are members here that want us to continue to run a golf
course that’s going to lose $400,000 dollars that’ll add to the 5.2 that we’re already short and yet
we’ve got a contract with a company that’s willing to give us a$100,000 dollar check today and
pay us every month for the next ten years that will go towards eliminating some of the $5.2
million dollar deficit.
Mr. Russell: I wish it was that simple but generally speaking that’s where we’re going.
Mr. Smith: But we are elected to try to be good stewards of the public’s money and we
have identified an area where we can be profitable as opposed to being in the red. And so I just
asked my colleagues to think about that when we vote on this that the Patch is something that is
important to some members of the community including me. I probably played more rounds of
golf at the Patch than anybody in this room. It’s time for them or whoever runs this to put out
st
herbicide and it’s time to put out fertilizer and you can’t wait past March 1. And Mr.,
Commissioner Mason and I have had some discussion so I commend him about talking about us
working together. We spent this morning in Atlanta talking about how to make things work. So
there’s been some discussion and I would ask the rest of you to be involved in those discussions.
And I would ask that everybody support that we sign this contract.
Mr. Mayor: Okay Commissioner Lockett then Commissioner Johnson then
Commissioner Fennoy.
Mr. Lockett: Thank you, Mr. Chairman because I’ve heard all these talking points
before. Mr. Russell.
Mr. Russell: Yes, sir.
Mr. Lockett: Since Hendry walked away from their contracts since the Kelly brothers
tried getting into a contract that wasn’t legal who has been running the golf course?
Mr. Russell: The city has, sir.
Mr. Lockett: The city has. How many additional people did you hire in order for the city
to run the golf course?
19
Mr. Russell: We moved people around so we once again ---
Mr. Lockett: No, just answer my question please. How many additional people did you
hire?
Mr. Russell: None.
Mr. Lockett: Now do we have anybody that works for Parks and Recreation or do we
have any employees on the payroll for this government that knows how to put down fertilizer,
lime and all the other stuff to make grass grow and look pretty?
Mr. Russell: Do you want a specific number or is that a yes no question.
Mr. Lockett: No, do we have them?
Mr. Russell: We have people that have done that, yes.
Mr. Lockett: Yeah, okay, so we’re talking about how much it’s going to cost us
$400,000 dollars and so forth. That is ludicrous. That’s not so. Now another thing in response
to Ms. Gina Craw. The Patch began to get in a state of disrepair when your former employee
Hendry cut bait and left. They left all of our equipment that they had in horrible shape. The
Augusta employees have made the course look a lots better with limited resources. Many of the
people you’re talking about that left the Patch to go out to South Augusta and other places they
left during the tenure of Hendry. How do I know because I’ve been involved with the Patch ever
since I’ve been on this Commission and I’m not a golfer. But that course has historical
significance, it’s been there since 1928 and blacks and other working people this was the only
place they could play golf. It means a lots to me even though I’m a golfer. Now my colleagues,
as Mr. Mason said, you already had two times to get somebody out there to run it. It hasn’t
worked. I think this time it’s time for Bill Lockett to have something to do with who goes out
there. Thank you, Mr. Chairman.
Mr. Mayor: Do you want another two? Oh, you’re done?
Mr. Lockett: I don’t need no more.
Mr. Mayor: So Commissioner Johnson, Mr. Mayor Pro Tem then Commissioner Fennoy.
Mr. Johnson: Thank you, Mr. Mayor. I was going to add a few sentiments. I’m not
going to be long. I think at the end of the day my colleagues know where I stand. I don’t have
an issue directly with moving forward with this outfit if we have to do that. I understand the
economic conditions and climate that we’re in right now especially people not having a
disposable cash you know to join golf courses and all the extracurricular activity that they used
to of course enjoy and take part of. They can’t do that anymore so of course it’s difficult to try
and run anything especially when you’re talking about extracurricular activities. I do and I still
stand firmly on this. We are this close to getting a Parks and Recreation Director confirmed.
20
The only thing I ask is at least if we get this gentleman confirmed let him take a look at the
contract. Let him look it over and see exactly what is good and what’s not. If it’s feasible for us
to go that route that’s fine but keep in mind the Patch as it was said earlier that’s not the only
facility losing money. We already talked about this before. We can’t key in on just one facility.
We’ve got to look at all of them. So if we’re going to start talking about facilities that’s losing
money we need to look at not only Commissioner Williams mentioned accountability but
whether or not we need to keep those facilities in house or whether we need to partner with GRU
or Paine College or whomever to make these facilities accessible. I do not have a problem with
moving on this at some point but I do think like I said the Administrator hopefully sometime
maybe this week next week he will confirm the individual. And at that time they can take a look
at it. They don’t actually have to be here but I would feel much more comfortable letting them
look at this contract especially if it’s who I think it is because they’re very knowledgeable of
how these things need to be ran. So that’s my take on this. And like I said I don’t have a
problem moving forward in a couple weeks. But right now I just can’t support it until we at least
get that done. So that’s pretty much where I stand right now, Mr. Mayor.
Mr. Mayor: Thank you, sir. Could, let me, I’m just to get some consensus. I don’t know
that we have that right now but would it help if the maker of the primary motion was willing to
add to that motion approval of the contract subject to the review of the Parks and Recreation
Director when they were brought on board or?
Mr. Johnson: I would just say just say at least two weeks next Commission meeting. I
would you know because we need to get with them but at least say two weeks just ---
Mr. Guilfoyle: Mr. Mayor?
Mr. Johnson: --- for clarity.
Mr. Mayor: Okay. Hang on I recognized Commissioner Fennoy and then I’ll come back
to you Commissioner Guilfoyle.
Mr. Fennoy: Mr. Russell.
Mr. Russell: Yes, sir.
Mr. Fennoy: How much money has the Aquatic Center lost?
Mr. Russell: I have no clue off the top of my head.
Mr. Fennoy: How much money has the Tennis Center lost?
Mr. Russell: The answer would be the same to that.
Mr. Fennoy: Okay, would you say the loses both have incurred is anything near the loses
that the Patch has incurred?
21
Mr. Russell: I would say to that question that because the Patch is operated as an
enterprise fund that highlights the loses that were reviewed by this Commission because it was a
separate item opposed to being in the Recreation and Parks budget as the other two are. So the
loses there are not as easily looked at.
Mr. Fennoy: Okay, the person that runs the Tennis Center. Are they a tennis pro?
Mr. Russell: I believe so, yes.
Mr. Fennoy: Okay. And the people that are operating the Patch. Are they a golf pro?
Mr. Russell: No, we do not have a pro out there.
Mr. Fennoy: Okay. The person that operates the swim center. What is their expertise?
And my point is, is that if we have people that, and this no reflection on the employees that
operate the Patch. But if we don’t have people in place that know what they’re doing it’s not
going to be possible. I have been up at the Patch and the grass and the fairways be so high you
can’t find your ball. But in order for regardless of whether it’s privatized or whether we retain
ownership of it whoever is going to operate that has to be for lack of a better term an expert or
someone who is very knowledgeable in that area. Just to put people there to have a number is
not going to get the job done.
Mr. Russell: If I may the philosophical issue that you’ve got here that flows through all
three of these operations is very simple. If it’s provided by the government and we look for low
cost either golf, swimming and or tennis in our community it’s supplemented by the government.
The Patch has been so for the last ten odd years in some shape or format. It is more noticeable
because it was a separate item and you could actually run a loss tally on that because it was a
separate item as an enterprise fund. Part of that loss was money paid back to the general fund as
for uses of cost avoidance. So you know you’re looking at oranges and apples as far as that
goes. The philosophical discussion that you need to have and seem to be having is do we want
low cost golf. Do we want to provide it in a place that’s decent to play and if we do is that a
benefit that our citizens have and that we’re going to supplement that. And that becomes the
issue as it does with not only the golf course but the Aquatic Center and the Tennis Center. If
you want to run those as a for profit identity you’re going to have to change the philosophy that
you’ve got there. And that’s the same thing with the other things we do. It’s a philosophical
issue that you’ve got to make up your mind on. Whether or not we run it, whether you hire
somebody else to run it or you know it costs money to run and it’s probably not going to recover
those costs based on how we do business and based on the fact it’s a government service.
Mr. Mayor: Are you calling us philosophers? Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mr. Mayor.
Mr. Russell: Among other things.
22
Mr. Guilfoyle: I’d first like to thank my colleagues for focusing on the departments that
are actually losing money and willing to hold people accountable. I commend you for that. I
would actually like to reach out to the two members who made the motions to ask them to
rescind their motions in order so that we can send this back to committee for discussion because
that’s apparently what it needs is discussion and I would ask Commissioner Joe Jackson and
Commissioner Marion Williams if they would rescind so we can move this back to committee
for discussion.
Mr. Mayor: Procedurally, Andrew, just to make sure we’re doing things correctly.
Mr. MacKenzie: There’s a primary motion which was on the floor. There was a
substitute motion made. The substitute motion was to deny. If the person who made that motion
were to withdraw the motion then there would still be the primary motion which would need to
be resolved. If that person withdrew their motion then you’d only have the primary item which
was on the agenda. And a substitute motion could be made to send it back to committee.
Mr. Mayor: Okay, so we would go with first Mr. Williams, are you willing to withdraw
your substitute motion?
Mr. Williams: No, sir, Mr. Mayor.
Mr. Mayor: Okay. Okay if there’s no further discussion we have a substitute motion on
the floor. Madam Clerk, for clarity ---
Mr. Williams: Mr. Mayor could we have a roll call vote please?
Mr. Mayor: Madam Clerk, a roll call vote on the substitute motion has been requested ---
The Clerk: Yes, sir.
Mr. Mayor: --- and if you could repeat the motion.
The Clerk: The motion is to deny the approval of the lease agreement.
Mr. Mayor: Commissioners will now vote by the roll call substitute sign of voting.
The Clerk: Ms. Davis.
Ms. Davis: No.
The Clerk: Mr. Fennoy.
Mr. Fennoy: Yes.
The Clerk: Mr. Guilfoyle.
23
Mr. Guilfoyle: No, ma’am.
The Clerk: Mr. Jackson.
Mr. Jackson: No, ma’am.
The Clerk: Mr. Johnson.
Mr. Johnson: Yes.
The Clerk: Mr. Lockett.
Mr. Lockett: Yes.
The Clerk: Mr. Mason.
Mr. Mason: Yes.
The Clerk: Mr. Donnie Smith.
Mr. Smith: Respectfully No.
The Clerk: Mr. Grady Smith.
Mr. Smith: No.
The Clerk: Mr. Williams.
Mr. Williams: Present.
Mr. Fennoy, Mr. Johnson, Mr. Lockett and Mr. Mason vote Yes.
Ms. Davis, Mr. Guilfoyle, Mr. Jackson, Mr. Donnie Smith, Mr. Grady Smith vote Yes.
Mr. Williams votes Present.
Motion Fails 5-4-1.
Mr. Mayor: Madam Clerk, we also have a primary motion on the floor which I believe is
to approve. Correct?
The Clerk: Yes, sir, that’s correct.
Mr. Williams: Mr. Mayor, could we get a roll call vote?
Mr. Mayor: A roll call vote has been requested. And Commissioners will now vote by
the usual sign of voting.
The Clerk: Ms. Davis.
24
Ms. Davis: Yes, ma’am.
The Clerk: Mr. Fennoy.
Mr. Fennoy: No.
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: Yes, ma’am.
The Clerk: Mr. Jackson.
Mr. Jackson: Yes.
The Clerk: Mr. Johnson.
Mr. Johnson: No.
The Clerk: Mr. Lockett.
Mr. Lockett: No.
The Clerk: Mr. Mason.
Mr. Mason: No.
The Clerk: Mr. Donnie Smith.
Mr. Smith: Yes.
The Clerk: Mr. Grady Smith.
Mr. Smith: Yes.
The Clerk: Mr. Williams.
Mr. Williams: Present.
Ms. Davis, Mr. Guilfoyle, Mr. Jackson, Mr. Donnie Smith and Mr. Grady Smith vote Yes.
Mr. Fennoy, Mr. Johnson, Mr. Lockett and Mr. Mason vote No.
Mr. Williams votes Present.
Motion Fails 4-5-1.
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Mr. Mayor: And first off before we just a quick comment. Thank you, Commissioner
Guilfoyle, for your request to rescind those. We get the same result. This will be discussed
again. Madam Clerk, on to the next agenda item, please.
The Clerk:
PUBLICE SAFETY
27. Motion to approve the solicitation of competitive bids for ambulance service for
Augusta-Richmond County and that the current provider be given the appropriate
notification in accordance with the contract prior to March 30, 2013. (No recommendation
from Public Safety Committee January 28, 2013)
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I guess this question would be to the Clerk. The
first statement says a motion to approve. How can we have a motion to approve when it came
out of committee with no recommendation? Nancy I guess you could, I mean somebody can
answer that. That’s my first question, Mr. Mayor.
The Clerk: Well, I believe the motion was to approve. There was actually no action on
it.
Mr. Williams: Okay, so it came out of committee saying approve that’s why the wording
got there you’re saying?
The Clerk: Hmm, hmm.
Mr. Williams: Okay.
The Clerk: But there was no action.
Mr. Williams: Mr. Mayor, we had debates, we talked about this issue. The
Administrator I think attested to that we had many complaints on this service. We talked about
renegotiating the contract or renegotiating the services as what we got. I’d like to make a
substitute motion we renegotiate the services and see what we need or what we don’t need and
put those things in there that we think we don’t have now or we think we might need later.
Mr. Mayor: Since there’s been no end, Andrew, just keep me in lines here. There’s been
no primary motion made so that would be in the form of a primary motion not a substitute
motion correct?
Mr. MacKenzie: Say that one more time?
Mr. Mayor: He made that in the form of a substitute motion but there’s been no primary
motion made.
26
Mr. MacKenzie: There’s a recommended primary motion which is the motion that’s on
the agenda. If he’s altering that motion then it would be a substitute motion.
Mr. Mayor: Okay.
Mr. Williams: Mr. Mayor, the item says motion to approve but nobody made that
motion. That’s the wording and I got clarification on that so there is no motion made.
Mr. Mayor: You and I are on the same page. I’m just trying to make sure we’re
proceeding down the letter of the law.
Mr. Mayor: We might need to draw the lawyer’s salary or something because we ---
Mr. Mayor: Okay.
Mr. Williams: --- he’s in error right here.
Mr. Mayor: No, he backed you up.
Mr. Williams: Well, if he said I was a substitute motion I said a substitute motion but
there is no motion and you was right there is no motion. The wording says that but that’s
because it came out of committee like that.
Mr. Mayor: Okay. Mr. MacKenzie?
Mr. MacKenzie: All right just for clarification. There’s something called a
recommended made motion. That’s the motion that’s already in the agenda. If you’re making a
different motion then it would be a substitute motion. Maybe I missed something because I was
actually ---
Mr. Williams: Okay and I need a lot but I sure need some help right here. I need to
know if it came out and the wording was wrong because it went into committee recommended
but it came out of committee with no recommendation. But they left the same wording on it and
brought it to the full Commission. So how was it ever, I mean, somebody had to do it. Either
the Clerk decides she’s going to do that or the Mayor or me somebody had to make a motion.
Mr. Mayor: But the agenda item was submitted within the committee agenda. Did it say
to approve?
Mr. MacKenzie: It’s my understanding this was just copied verbatim from the committee
agenda. It’s not ---
Mr. Williams: It’s not (unintelligible).
Mr. MacKenzie: --- it does not intend to indicate that the committee approved it. It’s just
forwarding it on with no recommendation.
27
Mr. Williams: I agree. So there was no motion. I mean that’s not a motion, is that right?
Mr. Mayor: No.
Mr. Williams: Okay and ---
Mr. Mayor: Well there’s, go ahead, Mr. MacKenzie.
Mr. MacKenzie: It’s a recommended made motion just because it’s on the agenda. And
everyone that’s on the agenda is considered in the category but no additional motion has been
made other than it being placed on the agenda.
Mr. Williams: So I don’t need to make a substitute I just need to make a motion. Is that
right?
Mr. MacKenzie: Yes.
Mr. Williams: Okay and that’s what the Mayor was saying. Right, Mr. Mayor?
Mr. Mayor: Yes. So your motion is to but your motion just for clarity because you
didn’t, is there a second?
Mr. Mason: What is the motion?
Mr. Williams: My motion was to renegotiate the services that we might need or think we
need already. And that was what the conversation was about in the beginning about what we had
or didn’t have in the, in our services. Is that right?
Mr. Fennoy: Second.
Mr. Mayor: Okay, we have a motion to renegotiate services and a second.
Commissioner Mason.
Mr. Mason: Thank you. Let me for clarity’s sake reiterate what I attempted to do in
committee and what the intent of this is. There’s been some discussion about looking at our
contracts that are up for this year. This happens to be the first one and it happens to have a nine
months stipulation that they be given notice otherwise we wouldn’t even be here right now. That
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notice is to be done by March 30 if I’m not mistaken. So that’s the reason why I brought it
forward. And all it’s simply to do and I believe this is what Mr. Williams’ is referencing is to
notify the current provider that we’re going to go out for competitive bids with a new RFP. Any
to include the current provider one who’s qualified will be able to compete for this proposal that
will go out. It will have some new and specific language that addresses the needs of the citizens
st
in 2014 and beyond. The current contract ends December 31 2013 but it initially came into play
in 2005. What was need in 2005 as we do our assessment may not necessarily be the same thing
we need in 2014. So what we are attempting to do is to give notification that we’re going to go
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out for a new contract so that it will address the needs and the safety of our citizens in 2014 and
beyond. That’s simply what it is. And so I believe if the motion is correct that to approve the
solicitation of competitive bids and that’s the way that I put it on the agenda in the Public Safety
Committee to improve, approve the solicitation of competitive bids for this particular contract.
Mr. Mayor: Do you want another two or are you good?
Mr. Mason: No, I’m good.
Mr. Mayor: Okay and just to clarify, Commissioner Williams, is that what you’re intent
was through your motion?
Mr. Williams: Well, Mr. Mayor, if I can take the two you were going to give him.
Mr. Mayor: No, you got two.
Mr. Williams: Okay I’m, when this thing came on board or it came out it was if we had
done something or had missed something. And you know my colleague Mr. Mason explained it
well. And it wasn’t about any particular group or business. And I asked the question by where
was the failure where we neglected or didn’t get the service that we was paying for. Well I think
Chief James talked about that as potential for a serious accident where the bus or the airplane
land in the middle of Broad Street or something and we would need to be covered or provided
for. And I said at that meeting that you know we can’t look at what might happen or could
happen. We negotiated something. What we negotiated is what we got. Now I hear now we’re
going to be solicited from other companies as well and I got no problem with that. But I do want
to be clear that when we brought this thing out there was someone coming up with a petition and
all this other stuff who really frightened me to the fact that I said well if somebody done
something wrong I need to know about the wrong they done. And we couldn’t find that. There
was no evidence of that. Even the Administrator addressed it and said you know as far as he
knows from the term they had not been any problem. Mr. Lockett had a problem he brought to
the table and said that two fire trucks came to his house and I find out they loved Mr. Lockett so
much they wanted to ride by his address. But still there wasn’t no fault that we could find. So
Mr. Mayor I’ve got no problem with that. I just wanted to reiterate ---
Mr. Mayor: Okay.
Mr. Williams: --- how we’ve been doing things and now we do things differently now.
Mr. Mayor: So your motion is to approve.
Mr. Mayor: Okay and I’ll get ---
Mr. Mason: I’ll second it.
Mr. Mayor: --- Commissioner Mason and then Commissioner Fennoy then
Commissioner Lockett ---
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Mr. Mason: I’m going to second that motion first of all.
Mr. Mayor: --- then (inaudible).
Mr. Mason: And I want to be clear for the record. I fully understand Commissioner
Williams’ concerns but if you notice and especially today I’m not addressing any petition, period
because that does not address the agenda item. And the only thing I want to do is stay focused
on the agenda item. If someone has some potential issues with anybody that’s a whole other
issue. It don’t have nothing to do with this right here. This is simply to address as a good
business practice our contracts and see if we need some improved wording and if so we need to
put it in a solicitation so that we can hold folks accountable for those things that we do need to
have done that perhaps was not put in a previous contract. So I didn’t address that Mr. Williams
and I fully understand where you’re coming from.
Mr. Mayor: Okay, I actually, Commissioner, I’ve gotten you, Commissioner Fennoy.
Mr. Fennoy: And this is information I think that our 911 Director our Fire Chief and our
Administrator with the task of coming up with the, look at the contract and see what needs to be
taken in and needs to be added during the committee meeting.
Mr. Mason: That particular piece failed ---
Mr. Mayor: Mr. Mason?
Mr. Mason: --- sorry, that particular piece failed. However if this passes there will be a
committee of appropriate personnel put together to address this contract and the needs. And I
would more than bet that the Chief and 911, those who are responsible and the subject matter
experts in this area would put their input in so that any potential contract provider that wants to
bid on this contract would have the expertise of these folks and then they would submit and
appropriate bid based on the language in the contract that we’re asking the scope of work for
them to do.
Mr. Mayor: Okay. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. Last meeting I did indicate I objected to
something that shouldn’t have been there. But you must realize I’m a senior citizen. I had been
up since 3:00 o’clock that morning and drove from Atlanta to make it back here. And you know
sometimes you say something you wish you could pull it back but you can’t pull it back. I was
fully aware of what this agenda item was about but the comment I made was out of place. And I
have no problem at all with Gold Cross. I don’t have it now have never had it but I do think all
contracts should be no look should be taken out of them and this Gold Cross just happened to be
one of the first and there will be many more to come. Thank you, Mr. Chairman.
Mr. Mayor: Okay, we’ve had a motion that’s been properly seconded.
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Mr. Williams: Mr. Mayor ---
Mr. Mayor: Commissioner Williams, point of personal privilege.
Mr. Williams: I just go to conversing with my partner, my law partner here and he’s
saying that we’ve got two different motions I hear now. Mr. Mason was saying that we go out
and solicit other contractors as well along with the previous contract to see about who’s got the
best services. Is that right?
Mr. Mason: Yes, whomever wants to get on otherwise you’re talking about a sole source
contract.
Mr. Mayor: Through the Chair?
Mr. Mason: I’m sorry, Mr. Chair. Because what you’re referencing every time we
renegotiate with the current and that’s not fair to anyone who would want to because that wasn’t
in the original bid. So you’re talking about a sole source meaning that the only one that can do
the job and we know that’s not the case. So what we just want to do is open it up. They very
well could end up being the ones to get it. Nobody has any problem with that.
Mr. Mayor: They’re free to bid on it.
Mr. Mason: Absolutely.
Mr. Williams: I understand that but my motion will not cover that if you go about what I
said and that’s what the Attorney was saying. And I want to get it clear so we won’t be thinking
about voting on one thing and voting on something else.
, so you’re amending your original motion
Mr. Mayor: I agree. So just to get us there
that was seconded by CommissionerFennoy to approve the agenda item as submitted.
Correct?
Mr. Williams: Correct.
Mr. Mayor: Okay.
Mr. Jackson: Mr. Mayor:
Mr. Mayor: Does that get us there, Andrew? Yes, sir, Commissioner Jackson.
Mr. Jackson: I hope I’m not too confused with what the heck’s going on here but you
know Commissioner Mason was talking about getting Chief James and Dominic Nutter to help
with this process. And I think that’s the fox watching the hen house. You don’t have people,
maybe I’m just confused but you know I don’t understand how we have I guess a procedure to
go through for Procurement for services and who’s involved with that procurement that process
for procurement I’d like to kind of know. Maybe I’m not seeing something.
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Mr. Mayor: Okay. Commissioner Smith.
Mr. Smith: I think this question is for Chief James. Chief, the Richmond County EMS is
zoned has two zones. Am I correct? And one of them if for Gold Cross and one of them is for?
Chief James: It’s not two zones. It’s one zone but it has co-zones providers. And one is
Gold Cross EMS and the other is the Augusta Fire Department.
Mr. Smith: But the Augusta Fire Department at this point has no ambulances and no
personnel to take care of that matter. Is that correct?
Chief James: The Augusta Fire Department has two ambulances.
Mr. Smith: Do we provide service throughout that co-zone on every call?
Chief James: Do we provide service on every call ---
Mr. Smith: Every call in that zone?
Chief James: No, we do not.
Mr. Smith: Why not?
Chief James: Because the current contract that we are under states that all calls will be
forwarded to the contract provider which is Gold Cross EMS. And in addition the reason why
we still have a license is so that us as a government can maintain some control over our EMS
services. If the City of Augusta or the Augusta Fire Department which is one in the same if
there’s no city license than the City of Augusta has no control over its ambulance service.
Mr. Smith: Mr. Mason is talking about germane and this is my point. If we go for
solicitation of bid is it going to cover both zones or is it going to cover one zone?
Chief James: As the state regulations say it’ll be, it’s a co-zone. When a 911 call comes
in the 911 dispatch has to give the call to ‘A’ zone provider. And so if a 911, if it goes out for
bid just like we’ve always done in the past prior to us the current contract with University
Hospital when they had the contract the City of Augusta had the ambulance license and
University Hospital was a subcontractor under that license.
Mr. Smith: Well, I guess what I’m trying to get to is you as the Fire Chief would have a
vested interest in sitting on this committee that forms the regulations for, or forms the contract.
Chief James: Yes.
Mr. Smith: Okay. Thank you.
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Mr. Mayor: Okay, we have a motion that’s been properly seconded and I think I’ve, I
know I’ve recognized you twice Commissioner Williams. Commissioner Lockett, I don’t
believe I have with you.
Mr. Lockett: No, you haven’t.
Mr. Mayor: Okay. I’m trying to be fair. It’s not always easy keeping track at times.
Mr. Lockett: I want to apologize. You’re doing a good job today.
Mr. Mayor: Thank you.
Mr. Lockett: Today. Mr. Chairman, I’d like to call the Procurement Director up if I
could please.
Mr. Mayor: Ms. Sams?
Mr. Lockett: Good evening, Ms. Sams.
Ms. Sams: Afternoon, sir.
Mr. Lockett: Ms. Sams, during contract procurement negotiations is it allowable to have
subject matter, people with subject matter expertise to deal with it?
Ms. Sams: Yes, sir, it is.
Mr. Lockett: Explain it to me, please.
Ms. Sams: In accordance to the Augusta Richmond County Code Chapter 10 it so states
that the User Department or the owner of the procured procuring subject matter will be the expert
of the technical spec.
Mr. Lockett: Would the Fire Chief or 911 Director, would they be considered the people
with subject matter expertise?
Ms. Sams: Yes, they would be in accordance to our code.
Mr. Lockett: Thank you, Mr. Chairman. Thank you, Ms. Sams.
Mr. Mayor: Commissioner Smith and this is your second time. Then I think we’ll have
adequately gotten there. Go ahead, please, sir.
Mr. Smith: Ms. Sams, can I have a follow up question with you? I’m sorry you got drug
into this.
Ms. Sams: Yes, sir, Mr. Commissioner.
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Mr. Smith: If you have a construction project and it’s out for bid do you allow somebody
that’s going to bid on the contract to be involved in laying out the contract?
Ms. Sams: Yes, sir.
Mr. Smith: Thank you.
Mr. Guilfoyle: Call for the question, Mr. Mayor.
Mr. Mayor: Gentlemen and lady and Commissioner Fennoy, I have recognized you
twice though on this issue. Okay lady, gentlemen, I think we’ve had. We have a primary motion
on the floor. Madam Clerk, could you repeat the motion?
The Clerk: Yes, sir. The motion was to approve the solicitation of the competitive bids
for the ambulance service.
Mr. Lockett: Roll call, please, Mr. Chairman.
Mr. Mayor: We have another roll call vote. Madam Clerk? So Commissioners will now
vote by the usual, by the roll call sign of voting.
The Clerk: Ms. Davis.
Ms. Davis: Yes.
The Clerk: Mr. Fennoy.
Mr. Fennoy: Yes.
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: Yes, ma’am.
The Clerk: Mr. Jackson.
Mr. Jackson: No.
The Clerk: Mr. Johnson.
Mr. Johnson: Yes.
The Clerk: Mr. Lockett.
Mr. Lockett: Yes.
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The Clerk: Mr. Mason.
Mr. Mason: Yes.
The Clerk: Mr. Donnie Smith.
Mr. Smith: Yes.
The Clerk: Mr. Grady Smith.
Mr. Smith: Yes.
The Clerk: Mr. Williams.
Mr. Williams: Yes.
Ms. Davis, Mr. Fennoy, Mr. Guilfoyle, Mr. Johnson, Mr. Lockett, Mr. Mason, Mr. Donnie
Smith, Mr. Grady Smith and Mr. Williams vote Yes.
Mr. Jackson votes No.
Motion Passes 9-1.
Mr. Williams: Mr. Mayor, clarification please. Are we going out for ---
Mr. Mayor: Going out for bid, competitive bid. Some days my job is like herding cats.
Today is one of those days. Madam Clerk, back to the agenda item I believe it’s thirteen.
The Clerk:
FINANCE
13. Motion to approve moving the recommended 2013 budget items not approved in the
adopted budget forward to the full Commission. (Approved by Finance Committee
January 28, 2013)
Mr. Mayor: Mr. Russell.
Mr. Russell: Yes, sir, Mr. Mayor, members of the Commission. As you know we passed
the budget in November. At that point in time we allowed several items to go un-dealt with and
passed the budget that would move us forward. We brought you back several of those items as
was recommended in November. In the committee meeting last week we talked about them at
some length some of which we made some decisions on, some of which we did not make
decisions on. What we’d like to do is go ahead and get further approval or final approval on
those items. Let me also make you very aware that the budget is a living document. This is not
the end of the day. If we pass this up or down at this particular point in time whenever we have
needs or whatever we can address those as going forward. We established one need today that
we’re going to have to address shortly down the line and that’s the funding for the continued
operation of The Patch at some level of service there. So as we continue to move forward there
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are items we’ve got to deal with. What you’ve got in front of you are the recommendations I
made initially. The second column is the Finance Committee recommendations I discussion of
last week. The ones with the asterisk are the ones that go down to the footnote there that
footnote is that we did not, there was not any action taken by the Finance Committee on those
individual items. There’s been some discussion about how to do this and obviously it’s your
pleasure at this particular point in time. There are items I think we all agree on that we’d like to
go ahead and move those forward if at all possible. If there are some that there is some
consternations still about we obviously have time to do that as we go forward.
Mr. Mayor: And I’m just going to make a recommendation though. I think you know if
we can get there with items that’s great. I think a Special Called Meeting perhaps to address
some of the other ones so that we’re not coming to the end of a Commission Meeting. But that
would just be my input on that. Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mr. Mayor. This was brought up to me from Commissioner
Lockett that how it was handled through committee that four people was speaking for the entire
Commission. And he wanted a workshop. My concern about a workshop is we would only have
four or five people attend. And then when it hits the Commission floor chances are it fails. And
from my past experience it fails. I believe what we need to do is give everybody per say a
chance to vote on it. Everybody has ten cents on this floor. It takes $.60 cents to buy anything
and I know it’ll probably take ten to fifteen minutes but at least it out of the way without having
to go through a workshop because to try and get ten of us together for a workshop is pretty
difficult, Mr. Administrator.
Mr. Russell: Obviously your call. I mean whatever’s the pleasure of the group.
Mr. Mayor: Commissioner Smith then Commissioner Mason.
Mr. Smith: My question is for Mr. MacKenzie. Mr. MacKenzie, if I make a motion to
engross this piece of this budget item then it was to be voted on by the committee without
changes. Am I right?
Mr. MacKenzie: If you made a motion to approve all the items as listed.
Mr. Smith: No, my question is if I make a motion to engross it and this body were to
pass it then we would have to vote on this as one piece as opposed to a line item.
Mr. MacKenzie: Yes.
Mr. Smith: Thank you.
Mr. MacKenzie: If the motion was seconded.
Mr. Mayor: Okay. Commissioner Mason.
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Mr. Mason: Yes, I want to make this disclaimer as it relates to this Commission here.
Before I can even seriously consider any thing that’s in front of me right here I’ve got to know
that the funds for transit that we’ve been currently using for budget operations are still there, or
they need to be there. Because I can’t talk about this stuff in and we’ve been talking about
enhancing and expanding and you’ve already taken money out and there would be no way you
could even enhance or expand using the current dollars out of TSPLOST. I don’t recall anybody
approving moving that out of the budget as a line item. So my question first and foremost is, is
that transit money just like it has been in previous years is it still in the line item for this budget
that we’re talking about.
Mr. Russell: After our conversation last week on that we went back and took a lot at
those conversations prior in the budget workshops. Obviously when the TSPLOST money
became available we did mention in one of the workshops that that was going to be used to cover
the initial costs of the transit numbers so we could benefit the general fund by those dollars.
That was the purpose of those dollars and that was the reason that those dollars were put in. If
you look at that then at the point in time we did that the conversation on enhancement or
whatever was not as serious as it is today. We talked about some of the items we had and we
were trying to cover that basically. I think, so there are no new dollars there but TSPLOST
money was used to cover the output of the general fund and that was talked about in one of the
budget sessions to do that. If you want to talk about looking at those additional dollars to
enhance and look at enhanced transportation services, i.e. additional routes or whatever
obviously in my mind as you do that you need to provide that additional funding and that’s
something else we would need to look at as you move forward with that. It didn’t seem and it
still doesn’t seem wise to me to have that pot sitting there collecting dust at the moment until we
determine what actually we want to do with that. I would support the additional funding if that’s
the will of the body and we would be able to provide that through the same mechanism we do
any other budget amendments. But I think what we’ve done is actually changed the rules that
we’ve had at that particular point in time. The TSPLOST money I think is a good opportunity to
do that but as we look forward in trying to enhance those services and the costs that are involved
with that obviously we need to look for those dollars as we go forward. And I don’t foresee that
as a major issue as we go forward.
Mr. Mason. Well, and I’m just going to do a follow up if I could. Well, it may not, you
may not necessarily see it as a major issue but I’ve seen transportation itself as a major issue for
a number or years. And I can’t disseminate or translate why we would go to me somewhat
backwards. First of all the line items were there and have been there for years. TSPLOST just
st
came into effect and we’ve just you know like I said on January 1 it came into effect. So those
monies for transit operations we hadn’t even discussed that. I know you talked about this budget
session and I don’t ever recall being for that in terms of using those monies as an existing way of
taking care of our transportation. That was never a point of discussion.
Mr. Mason: Do you want another two?
Mr. Mason: Thank you. That was a quick two but thank you. But moving forward all
I’m saying is this for me. I’m just speaking for me because I know how things work up here and
transit is extremely important to the masses not the few. And so to me that line item needs to
37
remain in there irregardless or respective of what we may or may not have from TSPLOST
because that is what would be utilized to do any enhancement or expanding. We get to that point
because again we’re getting there. So I mean I would have a problem approving all these new
items when in fact we’ve taken money out of a very, very important item that addresses a very, a
vibrancy of this city. Thank you, Mr. Mayor.
Mr. Russell: And I don’t disagree with what you said but I think there are two paths to
get where we’re going and I think that the one that I’ve explained actually gets us there just as
well as the other at this particular point in time.
Mr. Mason: --- voted on so it really doesn’t get us there.
Mr. Russell: You know what you first got to do is come to a consensus that the
expansion of transit is the goal of this body and the will of this body. It seems to be more so now
than it was in November or December as we had these conversations there basically. If that’s
true than the additional TSPLOST money I believe is designed for operations with, would help
cover those costs plus you’re looking at what we were trying to cover was a deficit we had
basically. So I think you know if we decide or not we, if you decide that that’s one of the
functions we want to enhance and it seems to be moving in that direction a lot faster than it was
in September, October, November of last year you know that’s one of the items we’ve got to deal
with. And with the TSPLOST money we’re obviously a step ahead of where we’re at. So I’m
not, I see your concern but at the end of the day I don’t think that’s a major issue. I think the
major issue is determining the impact you want to have on the additions of transit at this
particular point in time.
Mr. Mayor: And I’ll just say Commissioner Mason that’s during the retreat I think two
things that consensus coalesced around were helping the university expand in Augusta. And
transit I know I’m fully onboard with transit so I think that’s something we are able to coalesce
some consensus around. But you and I are on the same page with that. Commissioner Guilfoyle.
Didn’t you? Okay.
Mr. Guilfoyle: Yeah, I’ll be happy to say something Fred. Fred, we only have thirteen
different departments that we either got to vote yes and there’s no reason to call for a no vote
because if it ain’t yes it’s automatically a no. Would you agree with that, sir, so we can this
budget behind us?
Mr. Russell: Do it by line items, sir?
Mr. Guilfoyle: Do it by departments. Public Defender, Tax Commissioner,
Procurement.
Mr. Russell: Okay. Let me suggest that the first thing that I would suggest we do is
come to some agreement on the ITOS number that we put in there for a budget item because that
provides the revenue that covers all but $155,000 dollars of this expense here basically. So if
you could agree to the fact that to increase the ad valorem revenue up and then decrease, and
then add those positions to the Tax Commissioners office that would, Tax Assessor office that
38
would be used to gain that revenue. As far as that that’s basically the thrust of what we actually
need to decide today. The other stuff would be great to move forward on so we can get that
done. I know we’ve got the judge behind us here that has interests in a couple, at least one of the
issues here but you know I think that’s, that’s the major thing that we’ve got.
Mr. Mayor: Commissioner Lockett then Commissioner Smith.
Mr. Lockett: Thank you, Mr. Chairman. This is for my colleagues. I spoke with Mr.
Alvino Ross, Tax Assessor and also with the Administrator. Being a certified assessor myself I
know a little bit more about it than many of you because I’ve been on that board for many years.
The Tax Assessors office is extremely important for going out and making sure that all the
appraisals and so forth are done, et cetera. Now they’ve got a digest that they have to have. It
has to be correct it has to be submitted on a timely basis. If not they can’t get the information to
the Tax Commissioner who in turn can’t send out our tax bills and get us money. And one thing
about the assessor’s office those people have to be certified. And when I say certified I don’t
mean they have to attend a class and get a passing grade just for being there because I went
through that and I’ve done that and those exams are extremely hard. And we need to make sure
that the Tax Assessors office has sufficient competent people. We don’t need a constant
turnover because you don’t get somebody, you don’t just hire a temp and they’re ready to go in
and perform on day one. I mean the Tax Assessors office has been requesting additional
personnel for several years now. And we need to go back and take a look at that and make sure
that they are staffed properly. I was going to ask Mr. Ross to come up and tell you all about
what will happen if we don’t do certain things but we’re talking about being frugal with the
taxpayer’s money. But let me tell you something. If the Department of Revenue will fine you
and fine you for each parcel we have you’re talking about pretty close to $500,000 dollars. So
we need to look at this really serious. And I still have to say this is the Administrator myself and
Mr. Ross we’re going to meet next week and see if we can come up with something and bring it
back to you all. Thank you, Mr. Chairman.
Mr. Mayor: Okay and just for clarity, Mr. Administrator, what do you need to take the
next step? Just once again if you could say what motion you would need to take the next steps in
the budgeting process from us today. Be thinking about that. Commissioner Smith.
Mr. Smith: This is a question for the Chair. A motion, if I made a motion to approve
only those items associated with the Tax Assessor and the Tax Assessors revenue and this body
voted on it then the rest of this stuff would be null and void. And we could give the Tax
Assessors office the ability to do what they need to by the Tax Digest and any of this other stuff
could come back through some other avenue at a later date. Am I correct about that?
Mr. Mayor: That is correct through my understanding. Mr. MacKenzie.
Mr. MacKenzie: That’s correct.
Mr. Guilfoyle: I second that motion.
Mr. Smith: Are you making that in the form of a motion?
39
Mr. Smith: I will make that in the form of a motion.
Mr. Russell: You can, before you do that, though, there are two items we talked about
late yesterday or late whatever. Not in the general fund but in the other fund there’s six heavy
equipment operators that are in the landfill. It comes out of that particular budget that we need.
And the 911 radio system upgrades are important and we’re doing those over a three year period
through the GMA Lease Program. If you did that, those two plus the item that you just did that
would move us forward today. And if you want to look at the other stuff individually that’s
something you can do as you move forward.
Mr. Mayor: Commissioner, would you like to amend your motion to include those?
Mr. Smith: I would.
Mr. Mayor: Okay, thank you, sir. We have a motion that’s been properly seconded.
Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I might have to make a substitute motion. A
judge is here and I’d like to at least hear from him again. We know all of these items are
important. We know that everything is getting down to the wire and we always panic when we
get down to the wire. A lot of this stuff should’ve been done last year, Mr. Guilfoyle, but it
wasn’t so it was thrown in your yard today. So we’re going to have to clean up. But Judge, if
we could hear from the judge because I think if we’re going to start picking and choosing and
we’re going to end up leaving somebody out anyway. But I’d like to hear from the judge as to
the importance because we talked about this in committee of this position. We’re trying to keep
the city moving and there’s some things that we’ve got to do whether we like them or not we’ve
got to do those things. So if I could hear from the judge.
Mr. Mayor: Judge Watkins.
Judge Watkins: Thank you, members of this body. I will just be very brief as this was
covered when I was here for the last Finance Committee meeting. The two issues, one with the
Probate Judge and accountability for it. It seems to me that that addresses the one the paramount
issues of trying to save the city money. Probate Court sounds esoteric but trust me, everybody
has something to do with Probate Court at some point in time and thus matters that are not dealt
with there end up in short and some costing the city money sooner or later. Because of some of
the problems down there we’re trying to not only minimize potential problems but address
matters that have been yet to be dealt with because at the end it is a cost saving mechanism. And
you can talk with Judge James, you can talk with the associate judge Ben Allen. You can talk
with Judge Slaby and they will tell you that. Finally as to the accountability of the court again
that fits in with the theme what will save the city money. So it fits right in line with what you are
entertaining today because accountability court not only saves the city money now because it
deals with those folks who are driving DUI and we address why they are driving DUI and trying
to stop them. But something you can just put your hands around right quick it saves the city in
terms of costs for incarceration of which the studies have shown. So just in sum both matters
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that I ask you respectfully consider and approve today deal with the matters that seem to be
under current and your considerations. Does this save the city money and the short answer is
that it does. Thank you, Mr. Mayor.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor, I can support it if I can ask the maker of the motion after
speaking with the Administrator who said that this would not be detrimental to what you’re
trying to do. Would he add this part into his motion?
Mr. Smith: No, sir, I will not. Thank you.
Mr. Williams: Then, Mr. Mayor, I would like to make a substitute motion that we take
those items that Commissioner Smith mentioned and along with these items that the Judge just
mentioned as a substitute motion to get it on the floor to get a vote.
Mr. Johnson: I second it.
Mr. Mayor: There’s a second. And just for clarity and before I come back to you,
Commissioner Smith. And the items, Mr. Russell, that would be included from Judge Watkins’
presentation.
Mr. Russell: Would be the $75,000 dollars for the Case Manager in Accountability DUI
Court.
Mr. Mayor: Okay. Commissioner Smith.
Mr. Smith: This is a question for Judge Watkins, sir. I don’t have a problem with your
Accountability Court. I think it’s a wonderful idea. What I would like to see in order for me to
support this is some job description where a job description is written out with duties and
requirements. Because we are notorious for creating positions here at the county that we have,
that we really don’t know who fills. And then the second thing is in the Probate Court you’re
here on behalf of the Probate Judge who is the constitutionally elected officer and I’m just
curious as to why he’s not here presenting to us a case load that would show the need for what he
has to do. And I will support that if he will come up here and justify what he’s asking for.
Judge Watkins: If I can briefly address that. As far as the job description ---
Mr. Smith: Yes, sir.
Judge Watkins: --- I may have been remiss in not mentioning it last time but that was in
the package.
Mr. Russell: We have that and that’s part of the package and I approved it.
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Mr. Smith: But we’ve not seen that. So I would say to you, your honor, I would be glad
to support this once I see that but I won’t do it until then.
Judge Watkins: Commissioner, I’ve done all I can.
Mr. Smith: I understand. Thank you.
Judge Watkins: As far as the probate matter the reason we’re here addressing it so to
speak is the problem that came up occurred when the original probate judge retired. So ---
Mr. Smith: Yes, sir.
Judge Watkins: --- when that happened our Chief Judge, Judge Slaby was tasked with
being the temporary Probate Judge. And so that’s when he got immersed in and became, had
standing became qualified had reasons to speak on those issues. And so a lot of this comes up
now for a vote after the new person has come in but that matter issue was created it was
addressed and we gave all the information before the election. And there was no probate judge
other than Judge Slaby. So the reason we’re here primarily now is because the issue came up
before the new probate judge came in. And Judge Slaby was the probate judge then delegating
those duties. So he addressed it. So while it may seem that well, the probate judge is a slacker,
why ain’t he here, that’s not what I’m saying. That issue came up before and it seems like it’s
not our issue but it was when the issue came up.
Mr. Smith: Can I have a clarify question, Mr. Chair? Yes, sir, I think the body needs to
be aware that there was a temporary incapacity in the probate court. Am I correct, sir, prior to
this election?
Judge Watkins: Defined as the original judge retired ---
Mr. Smith: Yes, sir.
Judge Watkins: --- and there was nobody running, there was no captain of the ship.
Mr. Smith: And so but we had, we appointed some people to be the probate judge over
there ---
Judge Watkins: Correct.
Mr. Smith: --- and so at that point we had two people doing a judge’s job. And now we
have a full time competent judge in place. Am I right?
Judge Watkins: Yes.
Mr. Smith: Thank you. Thank you, sir, I appreciate your ---
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Mr. Mayor: Okay, we have a substitute motion that’s been properly seconded.
Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I think we are slowly but surely getting into a
category of micromanaging. We as Commissioners don’t have the responsibility of checking job
descriptions. That’s why we have an Administrator and that’s why we’ll eventually, we’ll have
an HR Director. They provide the information to us and then we ask them the questions. We
don’t have a need to really look at a job description. Thank you, Mr. Chairman.
Mr. Mayor: Thank you, sir. We have a substitute motion and it’s been properly
seconded. Madam Clerk, for clarity if you could read back the substitute motion.
The Clerk: Yes, sir. That was to included the positions, let’s see they item on the ITOS
and the item of the tax assessor and to include six heavy equipment operators and 911 operators.
And also to include the item on the Probate Court for the Associate Judge and the Accountability
Court for the Case Manager.
Mr. Smith: That’s not correct.
Mr. Russell: If I can ---
Mr. Mayor: Mr. Russell.
Mr. Russell: --- let me try to help with that a little bit. The last two items were six heavy
equipment operators. In that fund that we talked about the next item was the radio systems
upgrades. That does not involve personnel that’s an upgrade to the system we’ve got to have and
we’re doing that over a three year period to the GMA lease. The only question that I have that I
missed was I knew the substitute motion included the $75,000 for the Accountability Court. I
didn’t, I was confused on the Probate Court. I don’t know if that substitute motion included that
or not.
Mr. Mayor: Commissioner Williams, was that included?
Mr. Williams: The Probate Court and I asked the judge to come forward with to give us
some explanation as he did on that, added to what Commissioner Smith had already brought up.
But he says that the 911 ---
Mr. Smith: I’m not good with that (inaudible).
Mr. Williams: Okay, okay well ---
Mr. Mayor: Okay.
Mr. Williams: --- but we’re good with all.
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Mr. Mayor: Okay, so we’re clear? Okay, we have a substitute motion that’s been
properly seconded. Commissioners will now vote by the substitute sign of voting.
Mr. Fennoy, Mr. Johnson, Ms. Davis, Mr. Mason, Mr. Lockett, Mr. Jackson, Mr. Williams
and Mr. Grady Smith vote Yes.
Mr. Donnie Smith and Mr. Guilfoyle vote No.
Motion Passes 8-2.
Mr. Russell: And if I can just for the record put that number back up again. So that’s a
reduction of almost a million dollars in the use of the fund balance. So that’s where we’re at, at
this particular point in time. Thank you.
Mr. Mayor: Thank you, sir. With no further business to come before the body we stand
adjourned.
[MEETING ADJOURNED]
Nancy W. Morawski
Deputy Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
February 5, 2013.
______________________________
Clerk of Commission
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