HomeMy WebLinkAboutRegular Commission Meeting March 5, 2013
REGULAR MEETING COMMISSION CHAMBER
MARCH 5, 2013
Augusta Richmond County Commission convened at 5:00 p.m., March 5, 2013, the Hon.
Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Mason, G. Smith, Williams, Fennoy, Johnson,
Jackson, Davis, D. Smith, members of Augusta Richmond County Commission.
The invocation was given by the Reverend David B. Hunter, Pastor, Lutheran Church of
the Resurrection.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: And I will go ahead and call the Commission Meeting to order. And I’d like
to call on Reverend David B. Hunter, Pastor, Lutheran Church of the Resurrection for our
invocation. Please stand.
(Invocation given by Rev. Hunter)
Mr. Mayor: And, Reverend, if you could please come forward I have a little something
for you. And thank you for that wonderful invocation. I think it said exactly what I’d like to
say. Office of the Mayor. By these present be it known that Reverend David B. Hunter, Pastor,
Lutheran Church of the Resurrection is Chaplain of the Day. For his civic and spiritual guidance
demonstrated throughout the community. Serves as an example for all of the faith community.
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Given under my hand this 5 Day of March 2013. Deke Copenhaver, Mayor. Thank you, sir.
And, Madam Clerk, I believe that the delegation is running late. Is that correct?
The Clerk: Yes, sir, that’s what I’ve been told.
Mr. Mayor: Okay, well, let’s move on to the consent agenda.
The Clerk: Yes, sir. Our consent agenda consists of items 1-35. And under the Public
Services portion of the agenda, I’ll read the alcohol applications and if there is anyone who has
an objection to any of these applications will you please signify your objection by raising your
hand.
Item 5: Is to approve a request for an on premise consumption Beer license to be used in
connection with GreenJackets Hospitality & Food Service located at 78 Milledge Road.
Item 6: Is a request for an on premise consumption Liquor, Beer & Wine license to be
used in connection with Helga’s Pub and Grille located at 2015 Central Avenue.
Item 7: Is a request for a retail package Beer & Wine license to be used in connection
with McTeer Food Mart located at 4150 Windsor Spring Road.
The Clerk: Are there any objectors to any of these petitions?
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Mr. Russell: None noted, Madam Clerk.
The Clerk: So our consent agenda consists of items 1-35.
Mr. Mayor: Okay, do we have any items to be added to the consent? Okay, do we have
any items to be pulled for discussion? Commissioner Guilfoyle.
Mr. Guilfoyle: Not yet, sir. I was trying to locate my ---
Mr. Mayor: Commissioner Fennoy.
Mr. Fennoy: Item 10 ---
Mr. Mayor: Okay.
Mr. Fennoy: --- and item 25.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Item 8 and 22, Mr. Mayor.
Mr. Mayor: Okay, do we have any further items to be pulled for discussion?
Commissioner Guilfoyle.
Mr. Guilfoyle: Yes, this question is for our Attorney. Andrew, as far as, I cannot locate
that Port Authority information. Is it on the ---
Mr. Mayor: Mr. MacKenzie?
Mr. Williams: That’s Item 10.
Mr. Mayor: Commissioner Fennoy, I’ve already got you.
Mr. Guilfoyle: Right, thank you, Mr. Fennoy.
Mr. Mayor: He’s got your back. Okay, hearing nothing further could I get a motion to
approve the consent agenda?
Mr. Lockett: So moved.
Mr. Fennoy: Second.
CONSENT AGENDA
PLANNING
1. ZA-R-217 – A request for concurrence with the Augusta Georgia Planning Commission
to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia
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by adding to Section 23-1 (Light Industry-Permitted Uses) by adding animal kennels as a
permitted use and deleting it from Section 24-1 (Heavy Industry-Permitted Uses).
(Approved by the Commission February 19, 2013 – second reading)
2. ZA-R-218 – A request for concurrence with the Augusta Georgia Planning Commission
to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia
by amending Section 2 (General Definitions) amending the definition for Day Care Centers
to exclude private schools that provide before and after school care and to conform with
Georgia Code Section 20-2-290(b). (Approved by the Commission February 19, 2013 –
second reading)
3. ZA-R-219 – A request for concurrence with the Augusta Georgia Planning Commission
to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia
by amending Section 2 (general Definitions) by deleting the definition of a Parochial School
and combining it with the definition for Private School. (Approved by the Commission
February 19, 2013 – second reading)
4. ZA-R-220 – A request for concurrence with the Augusta Georgia Planning Commission
to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia
by amending Section 2 (General Definitions) by amending the definition of Private School
requiring the owner or institution to conform with Georgia Code Section 20-2-290(b).
(Approved by the Commission February 19, 2013 – second reading.
PUBLIC SERVICES
5. Motion to approve New Ownership Application: A.N. 13-01: a request by Robert B.
Flannery for an on premise consumption Beer license to be used in connection with
GreenJackets Hospitality & Food Service, LLC located at 78 Milledge Rd. There will be
Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee
February 25, 2013)
6. Motion to approve New Ownership Application: A.N. 13-02: A request by Amanda
Connor for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Helga’s Pub and Grille, LLC located at 2015 Central Ave. District 1. Super
District 9. (Approved by Public Services Committee February 25, 2013)
7. Motion to approve New Ownership Application: A.N. 13-03: request by Santosh
Vuppula for a retail package Beer & Wine license to be used in connection with McTeer
Food Mart located at 4150 Windsor Spring Rd. District 6. Super District 10. (Approved by
Public Services Committee February 25, 2013)
9. Motion to approve Amendment #1 to the Federal Aviation Administration (FAA) Grant
3-13-0011-033-2010 for the Rehabilitation Project of Runway 17/35. This item has been
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reviewed and approved by the Augusta Aviation Commission at their January 31
Meeting. (Approved by Public Services Committee February 25, 2013)
11. Motion to ratify the approval of a Supplemental Agreement between the Georgia
Department of Transportation and Augusta Richmond County for a time line extension on
the runway project at Daniel Field Airport. (Approved by Public Services Committee
February 25, 2013)
12. Motion to approve a request by Dwayne Harper for a Therapeutic Massage Operators
license to be used in connection with Massage Envy Spa located at 210 Robert C. Daniel Jr.
Parkway Suite E/F. District 3. Super District 10. (Approved by Public Services Committee
February 25, 2013)
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ADMINISTRATIVE SERVICES
13. Motion to approve an Ordinance to amend the Augusta Georgia Code for the purpose
of providing a uniform policy for the naming and renaming of buildings and properties
owned by Augusta, Georgia. (Approved by the Commission February 19, 2013 – second
reading)
14. Motion to approve a Resolution in support of Georgia Renaissance Act. (Approved by
Administrative Services Committee February 25, 2013)
PUBLIC SAFETY
15. Motion to approve for Finance to budget for five additional existing vacancies to offset
the loss of personnel during training. Additionally, approve an overstaffing of 40% for
Communication Officer hiring actions for the 9-1-1 Emergency Communication Center.
(Approved by Public Safety Committee February 25, 2013)
16. Motion to approve Professional Services Contract with Elert and Associates in the
amount of $30,000 for the Marshal’s Operation Center (MOC). (Approved by Public
Safety Committee February 25, 2013)
17. Motion to approve the update of the Augusta, GA Geographic Information System
(GIS) Digital Data and Map Release Pricing Policy. (Approved by Public Safety Committee
February 25, 2013)
18. Motion to approve Memorandum of Understanding with the American Red Cross
regarding the Ready When the Time Comes Program. (Approved by Public Safety
Committee February 25, 2013)
19. Motion to approve payment to New World Systems, Inc. for the Standard Software
Subscription Agreement for the period covering January 1, 2013 – December 31, 2013.
(Approved by Public Safety Committee February 25, 2013)
20. Motion to approve a resolution for an easement between Richmond County and DDS.
(Approved by Public Safety Committee February 25, 2013)
21. Motion to approve a resolution between the State of Georgia Surplus Property
Commission and Richmond County for the purchase of surplus property. (Approved by
Public Safety Committee February 25, 2013)
FINANCE
23. Motion to approve salary increase for Board of Elections Director and Assistant
Director. (Approved by Finance Committee February 25, 2013)
ENGINEERING SERVICES
26. Motion to approve a contract with OTTO Environmental Systems for cart management
services subject to staying within amount budgeted annually. (Approved by Engineering
Services Committee February 25, 2013)
27. Motion to approve for Augusta Utilities Department to rent one combination sewer
cleaning/vacuum truck in order to be able to clean sewer lines to help present sanitary
sewer overflows. (Approved by Engineering Services Committee February 25, 2013)
28. Motion to approve the proposed Citizen Volunteer Litter Clean-Up Program as
submitted by the Environmental Services Department. (Approved by Engineering Services
Committee February 25, 2013)
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29. Motion to approve the acceptance of donated permanent and temporary easements
between Ladell P. Willis, Jr., and Sherrell D. Willis, as owners, and Augusta, Georgia, in
connection with the Muirfield Drive Drainage Improvement Project, said perpetual
easement consists of 0.10 acre (4,446 sq. ft.) of permanent drainage, utility and
maintenance easement, more or less, from the property located at 4108 Muirfield Dr.,
Augusta, GA private. (Approved by Engineering Services Committee February 25, 2013)
30. Motion to approve and authorize Augusta Engineering Department (AED) to offer five
percent above mid-range salary to selected candidate for the Engineering Manager
Position as requested by the Augusta Engineering Department – Engineering Division.
(Approved by Engineering Services Committee February 25, 2013)
31. Motion to approve the proposed Event Recycling Bin Loan Program as submitted by
the Environmental Services Department. (Approved by Engineering Services Committee
February 25, 2013)
32. Motion to approve granting Meredith Homes, Inc., its successors and/or assigns an
easement across 822 O’Shields Court, for a driveway to provide ingress/egress to Lot 12
(820 O’Shields Court), Magnolia Ridge, as requested by AED. Also approve having the
agreement executed by the appropriate Augusta official(s). (Approved by Engineering
Services Committee February 25, 2013)
33. Motion to approve an Option for the purposes of acquiring a Right-of-Way between
Jeong AE Seo, as owners, and Augusta, Georgia, as optionee, in connection with the
Windsor Spring Road Phase V Project, 0.019 acre (820.94 sq. ft.) in fee simple and 0.010
acre (431.82 sq. ft.) of permanent construction & maintenance easement, more or less. Also
granted is a temporary driveway easement on Project Windsor Spring Road, Phase V,
STP00-1105-00(004) from property located at: 2494 Carroll Dr, private, at the purchase
price of $500.00. (Approved by Engineering Services Committee February 25, 2013)
34. Motion to approve an Option for the purposes of acquiring a Right-of-Way between
Beverly K. Mims, as owners, and Augusta, Georgia, as optionee, in connection with the
Windsor Spring Road Phase V Project, 0.018 acre (786.67 sq. ft.) in fee simple and 0.016
acre (676.15 sq. ft.) of permanent construction & maintenance easement, more or less, on
Project Windsor Spring Road, Phase V, STP00-1105-00(004) from property located at:
4634 Windsor Spring Road, private, at the purchase price of $500.00. (Approved by
Engineering Services Committee February 25, 2013)
PETITIONS AND COMMUNICATIONS
35. Motion to approve the minutes of the regular & Special Called Meeting held February
19, 2013.
Mr. Mayor: Commissioner Guilfoyle?
Mr. Guilfoyle: I’d like to push this item number 10 off the agenda and probably put it on
the next ---
Mr. Mayor: Committee cycle?
Mr. Guilfoyle: --- well, we’ll have Andrew bring it back up on it because I won’t be here
for the next committee to address this.
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Mr. Mayor: Okay. Are you okay with that, Commissioner Fennoy?
Mr. Fennoy: Um, would it ---
Mr. Mayor: Okay, the motion has been made and properly seconded. The way it is at
this point unless the maker of the motion would want to amend their motion to refer item #10
back to the Legal Department the motion stands as made.
Mr. Williams: I think once we discuss this, Mr. Mayor, if I can once we discuss it, it may
need to go back ---
Mr. Mayor: Okay.
Mr. Williams: --- but we’ll at least have the opportunity to send it back once we, I don’t
know what Mr. Fennoy wants but I ---
Mr. Mayor: Well, we’ll find out momentarily. All righty the motion has been made and
properly seconded. Commissioners will now vote by the usual sign of voting.
Ms. Davis: Madam Clerk, can I show a no vote on 24, please?
The Clerk: Twenty-four?
Ms. Davis: Yes, thank you.
Ms. Davis votes No.
Motion Passes 9-1. [Item 24]
Motion Passes 10-0. [Items 1-7, 9, 11-21, 23, 26-35]
Mr. Mayor: Thank you, ma’am, and I understand that our delegation is now here. So I’ll
go ahead and recognize the delegation for their five minutes.
ELEGATIONS
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A. Rev. Johnson regarding unethical practices in local government.
Mr. Mayor: Okay and if you could state your name and address for the record please sir
and keep it to five minutes.
Mr. Johnson: Christopher Johnson, 2724 Boars Head Road Augusta Georgia 30907.
Thank you for allowing us to approach you. I come here not only to represent myself but also
others community constituents who are concerned about corruption in the city here in county
government. We believe that entering into corrupt practices is a violation of the public trust and
defamation of judiciary roles when elected Commissioners knowingly conduct business the
organization they’re elected as stewards, law makers and policy makers and overseers and top
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officials are in violation of the public trust. Commissioners knowingly conduct business with the
government through their personal entities receive payments still reside on the board of
Commissioners not returning all monies back to the citizens they have not stepped down and still
a violation of the public trust. We are concerned that pollution continues to damage everyone so
we’re asking that the Commissioners in question that each should just relinquish their position
return all monies back apologize to the citizens for violating again the public’s trust. We’re
asking if the Commissioners do not voluntarily step down we’re asking the other Commissioners
to seek whatever necessary remedies to ask them and encourage them to step down. And if they
don’t do it we’re also asking the Mayor that the Mayor would do just like he did before seek out
an independent investigation whether they go through the Sheriff’s Department District Attorney
call a meeting to get this on out in the floor. We’re tired of stuff being pushed under the cover
hidden acting like it’s one issue after another. Another thing we’re asking if the Mayor does not
do it we’re asking again that other people in the community will stand with us as we go to the
state as ask the governor’s office and also the state legislatures to convene a study on Augusta
Commissioners. Thank you very much.
Mr. Mayor: Okay. Thank you, sir. All righty, Madam Clerk, let’s go to the first pulled
agenda item.
The Clerk:
PUBLIC SERVICES
8. Motion to approve an ordinance to amend the Augusta, Georgia Code, Title 4 Chapter 2,
section 4-2-2, to provide standards for the unlawful dumping or storing of solid waste, or
the accumulation of weeds and noxious vegetation on vacant lots and unoccupied parcels of
land. (Approved by the Commission February 19, 2013 – second reading.
Mr. Mayor: Commissioner Williams, was this you?
Mr. Williams:
Yes, sir, Mr. Mayor, I appreciate the opportunity to speak just for a
minute. I have no problem with this issue but when the issue came up the District 1
Commissioner Mr. Williams “Bill” Fennoy informed me about a situation that’s over on Gordon
Highway right across from Red Lobster. There’s a coal pile and when I saw this agenda item
about unlawful dumping and storage of stuff I wanted to make sure that, I support this but at the
same time I wanted to bring this to the floor so people will understand there’s a serious situation
with what is going on. And I’m hoping and in fact I’m asking the Clerk is she would place them
on the agenda that we get those proper departments to come in and bring us a report back to
discuss about that issue over there on Gordon Highway right across from the Red Lobster.
There’s a pile of coal that some trucking companies are bringing in just laying it on top of the
ground. Not only is the dust blowing but it’s really it’s getting into the soil as well. And I think
that’s going to present a problem for us for our citizens in Richmond County. So I approve this
. I make a motion to approve number eight,
#8 Mr. Mayor. I wasn’t trying to hold it us but
it’s an opportunity to bring those two entities together.
Mr. Johnson: Second.
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Mr. Mayor: Okay we have a motion that’s been properly seconded. If there’s no further
discussion Commissioners will now vote by the usual sign of voting.
Motion Passes 10-0.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
PUBLIC SERVICES
10. Motion to approve the solicitation of an RFP through Procurement for a marina
operator for the Augusta Marina with a review by the Augusta Law Department and Port
Authority. (Approved by Public Services Committee February 25, 2013)
Mr. Mayor: Commissioner Fennoy, I believe this was yours.
Mr. Fennoy: Yes, the reason I had that pulled was because at the committee meeting I
believe that the Commissioners were mislead about the situation at the marina, about the
situation at the marina. I have another board member that’s here to address or give a different
perspective on what’s going on at the marina. And if the, we would allow this address this issue
for a couple of minutes. Mr. Barnes?
Mr. Mayor: If you could please come forward sir and state your name and address for the
record. And I will give you five minutes to address the body.
Mr. Barnes: Thank you Mr. Mayor. My name is Michael Barnes and at 745 Ravenel
Road 30909. I’ve been a member of the authority for approximately nine years and I would just
like to say I’m sorry I wasn’t here for the prior meeting. But I believe in being fair in addressing
the issue. We’ve got a problem and we need to bring it out. And we do I think people are being
accused wrongfully. The current leaser which is Mobile Marine has been there for about
would’ve been about nine years now and they have done a, I think an exceptional job. If they’re
doing such a bad job I would find it very difficult to see that the marina is almost at 100%. Prior
to privatization it was running about 30%. And they’ve been I think stewards has been having
been a member this long I’ve seen the changes. And you can if we were, if they were doing so
many things wrong there’d be a lot of paper shuffling back and forth from the boat owners. But
that is not been the case. I know of no one who has issued any written complaint nor has the
authority to my knowledge and written problem. And I don’t quite understand why we’re being
so it’s almost like being vindictive for some reason I don’t understand it. But anyway prior to
their taking over the marina Mobile Marine the city’s loss was approximately $150,000 a year.
And which is from my (unintelligible) but now when it was privatized the city returned a loss
and out of the red and the green. And they have been stewards they’ve never been late on a
payment on a monthly payment. They’ve done everything that I know they should do but we
certainly they’ve paid I believe about $40,500 a year. And so it goes to show you they must be
doing something right. But I would like to support them. I think they’ve been stewards of the
community. They’ve been good volunteers and I think that they have done everything they can
to try to, surely that they can do but I don’t care what business you’re in you’re always going to
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have some complaints. But I’ve never, I had one call I received one call about and it wasn’t
really a problem it was just one of the boat owners wanted to know what was going on because
they’re watching the media. But I think Mobile Marine exemplifies what a good operator ought
to be. And I do thank you and I appreciate the time to allow me to bring that to you. If you have
any questions I’ll be delighted to answer them.
Mr. Mayor: Thank you, sir. Commissioner Davis.
Ms. Davis: Thank you. Does Mobile Marine run your filling the slots in the marina
obviously and also run the convenience store at the marina?
Mr. Barnes: Who is that now?
Ms. Davis: Mobile Marine, are they in charge of running the convenience store ---
Mr. Barnes: Yes, ma’am.
Ms. Davis: --- as well? Okay, so the entire marina and the convenience store.
Mr. Barnes: Yes, ma’am.
Mr. Mayor: Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Barnes, thank you so much for your time the
other day. This is the reason why I wanted to push this off. And the information you have given
me I forwarded to our Attorney as well as our Administrator and that way we could get that
literature or wording correct. And you had told me that they had another three years on the
contract. It’s just there’s no minutes taken on ya’ll’s board. And that’s a shame because I had
asked I don’t know if you have gotten it yet from the previous board members if they could sign
off on it where it validates that they did approve it.
Mr. Barnes: Well, Mobile Marine they did submit the request for another five additional
years which was given to the Chairman. And what happened to it I don’t know but I’ve got a
copy of it. And the Legal Department should have a copy of it. I’m sure they do but we
certainly accepted the money.
Mr. Guilfoyle: Yes, sir.
Mr. Barnes: So I think that constitutes a pretty good reason.
Mr. Guilfoyle: Thank you again, Mr. Barnes.
Mr. Barnes: We thank you all.
Mr. Mayor: Okay Commissioner Fennoy then Commissioner Williams.
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Mr. Fennoy: Commissioner Guilfoyle asked me question.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Mr. Barnes, before you sit down, sir. I don’t have a boat or anything to
put in the water as a matter of fact there’s no other boat but I certainly appreciate you coming
forward. From what I was told what I heard last time was there was a lot of disruption where
Mobil Marine had walked away and kind of left everything in a kind of disarray. I’d like to hear
from you because I heard from one side before. I’d like to hear from you your opinion and what
because I haven’t been down to the marina now. I can’t speak on that. But I just want to hear
from you why you’re here since you took the time to come and I appreciate that. Can you tell
me what’s the condition or what’s your feelings as far as the upkeep and the maintaining because
I was told that it was just in disarray I guess would be the best way to put it.
Mr. Barnes: Well, excuse I don’t what they would call classify it this way but like I’ve
said I’ve never I have not seen anything in writing from any of the owners. And most of the
owners that I’ve spoken with boats certainly have they had no problem. And if we do have a
problem you know they down there and we tell them and they’re great about it listening and
trying to correct the problem. I don’t know what more you can do but I do think that they are
certainly willing. They do a lot of volunteer work as with clean up. But if you own a boat on the
river and you don’t look after your boat yourself and you let the battery run down and we get a
torrential downpour well it’s not the fault of the marina because your battery went down. It’s
like blaming the car dealer because you had a dead battery. And that seems to be the accusations
or not to be incorrect in my book.
Mr. Williams: Well, and I think again I appreciate that. I wanted to hear the other side.
We was really and Mr. Guilfoyle and some of the others we was thinking that things were really
different from what we’re hearing. Now I’ve got a conflict in stories showing up now so we’re
going to have to really look at this and see. We was ready to send out because we thought sure
and I was in support but you know I want to do what is right and what is fair. I want to help
those are especially trying to help us in doing the things that’s supposed to do. And that’s why
we partnership with people.
Mr. Barnes: Well, as a native Augustan and having a boat on the river just about all my
life, you know, I think it certainly has improved a lot more. We’ve got more boats, more tax
dollars more people coming in and to me that’s a very positive sign. But I don’t so far as the
disagreement you’re going to have some people that maybe don’t agree. But I just believe in
righting what’s to be right.
Mr. Williams: Thank you, sir.
Mr. Mayor: Commissioner Fennoy.
Mr. Fennoy: Mr. Mayor, I’d like to make a motion to keep the marina under the
management as it is now until the ---
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Mr. Smith: Second.
Mr. Fennoy: --- lease expires.
Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign of voting.
Mr. Guilfoyle: Can I ask a question?
Mr. Mayor: Wayne, I hate to but I had called for the vote. I apologize ---
Mr. Speaker: What are we voting on?
Mr. Mayor: --- to, for it to stay the same way it is right now until the contract runs out
which I don’t know that Mr. MacKenzie if there’s a contract already in place we don’t. Mr.
MacKenzie?
Mr. MacKenzie: There actually are two different leases issued with respect to this. One
is the lease on the, I guess store building there and the rest is on the premises. And we would
need to look at that and see what would be necessary to make sure that both leases would be
effective. We have the information relating to the physical premises because that’s the part the
city owns. We don’t know about the other piece of it. We’d have to look into that.
Mr. Mayor: Okay. Yes, to get us where we need to go.
Mr. Guilfoyle: I’d like to make a substitute motion to delegate the Attorney to have
it run parallel for the land and the building for the contract.
Mr. Mayor: Do we have a second on it?
Mr. Mason: Does that get us where we need to be before I second it?
Mr. Mayor: Yes, actually Commissioner Fennoy, does that get you where we need to go,
Mr. MacKenzie?
Mr. MacKenzie: We can work with that, yes.
Mr. Mayor: Okay. We have a motion that’s been properly seconded. If there’s no
further discussion Commissioners will now vote by the substitute sign of voting.
Mr. Guilfoyle: Thank you, Andrew.
Mr. Jackson abstains.
Motion Passes 9-0-1.
Mr. Mayor: Okay, Madam Clerk, next agenda item please.
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The Clerk:
FINANCE
22. Motion to approve the replacement of 12 Operations and Maintenance vehicles for
Augusta Regional Airport. (Approved by Finance Committee February 25, 2013)
Mr. Mayor: Commissioner Williams, I believe this was you.
Mr. Williams:
Thank you, sir. Mr. Mayor, I said it in committee and I’ll say again
today I don’t see how 12 vehicles can go out the same time that we’ve got to renew 12 vehicles.
And I understand that the airport said they need the vehicles but the reason I pulled this so I can
ask the Clerk if we would get with the Fleet Management and look at our policies that we lease
vehicles because lots of times to lease them people complain about the Tom Wiedmeier folks
driving up in new trucks but they got a raggedy uniforms. So I’m saying we need to look at how
we’re spending. I know we’re on that lease agreement with the GMA. But we got to be smart.
GMA don’t operate the City of Augusta we operate the City of Augusta. We need to buy those
. So I’m going to make a motionto approve this
vehicles when we need it but when you’re
talking about 4x4’s and that kind of thing to ride around the airport with and we going through
the swamp we might need some 4x4’s. But I don’t understand this ---
Mr. Mason: Second.
Mr. Williams: --- and we got to spend the money wisely. So if the Clerk would get the
necessary parties Fleet Management to our next committee meeting whether it be Finance or
whatever meeting comes up where we can look at our GMA lease agreement and not just buy
because it’s time to buy.
Mr. Mayor: Okay, thank you, sir. We have a motion that’s been properly seconded. If
there’s no further discussion Commissioners will now vote by the usual sign of voting.
Motion Passes 10-0.
Mr. Mayor: Thank you, ma’am. Next agenda item please.
The Clerk:
ENGINEERING SERVICES
25. Motion to approve a contract with Augusta Quality Lawn care. (Approved by
Engineering Services Committee February 25, 2013)
Mr. Mayor: I have a feeling we’re going to talk about goats here. Commissioner
Fennoy, I think this was your pull. Was this yours?
Mr. Fennoy: Yeah, that’s mine. Yeah, is Mark here?
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Mr. Johnson: Yes, sir.
Mr. Mayor: Mark Johnson, come on down.
Mr. Fennoy: Mark, how is what you’re proposing different or an improvement on what
the Commissioners read on. In 2000 talked about the community cleaned up these vacant lots.
Mr. Johnson: In, I’m not understanding in ---
Mr. Fennoy: Okay.
Mr. Johnson: --- in 2000?
Mr. Fennoy: Yeah, we have a department of public works have a ---
Mr. Johnson: One is under Public Works ten years ago.
Mr. Fennoy: Okay.
Mr. Johnson: And that would be similar to what you approved with the Dial-A-Dumpster
Program that was in here the community cleanup program. What’s different about the one item
25 is we’re talking about vacant lot cutting and cleaning where the government supplies the
service where it’s a vacant lot that’s been abandoned. It’s something that is growing couches
and tires and becomes a public nuisance. And we have crews that go out after we get a Notice to
Proceed from License and Inspection and are required to clean those up. In addition we cut the
land bank properties and the Augusta owned properties and a variety of the other properties
throughout Augusta and we have two inmate crews that provide that service. But the need for
service exceeds our abilities with the resources that we have. So we lifted this contract as a
means to supplement cutting those lots and cleaning those lots. That was more of a citizen called
request material be removed. This is more of a, nobody’s responsible for it, it needs to get
moved.
Mr. Fennoy: Okay, so once the contractor will be responsible for cleaning the lots and
removing the debris from the lots?
Mr. Johnson: That’ll be a coordinated effort between us and them. Right now what
we’ve asked them for is to cut the lot and remove the debris put it to the right of way and then
city crews would pick up the pile of debris and take it to the landfill. So they provide the cutting
and the cleaning they set it to the right of way and whether it’s our garbage collection contractor
or whether it’s us then we would use city resources to pick that material up.
Mr. Fennoy: Okay, is there an exception for tires?
Mr. Johnson: Right now we pick up tires and we take them back to the landfill and
recycle them.
13
Mr. Fennoy: And the reason I asked is because I’ve got tires, at least 100 tires that’s been
sitting across the street from me for almost three years. And they tore the house down and the
tires are still there.
Mr. Johnson: That articulates why we need the additional resources.
Mr. Fennoy: That’s why we need, so what you’re saying is that they will pick up the
tires.
Mr. Johnson: They’ll put them to the right of way. We cannot enter private property
without somebody filing a complaint with License and Inspection. That generates a work order
to my department to clean it. So until we get the, it’s called Right of Entry, until we’re legally
authorized to enter that property it stays there because we don’t have the unilateral right to go
enter private property.
Mr. Fennoy: Okay, I understand what you’re saying but it seems like if you all have the
right to, I mean not you all but the city has the right to tear a house down than you should also
have the right to pick up the tires and the debris.
Mr. Johnson: There is Due Process for each one of those functions. The city has to go
through a legal process to be able to tear down the house. They have to go through a legal
process to be able to enter private property to clean it up. And then once all those processes are
done then a city crew or a contractor would perform that service.
Mr. Fennoy: Those two processes, one to tear down and one to ---
Mr. Johnson: They are separate processes.
Mr. Fennoy: Okay. All right.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I was in your office last night about 10:00
o’clock trying to get some information. I asked Mark to get me about the same issue. And I’ve
got a problem when we can’t say how many houses because we’ve got to wait on a call to come
in. And I asked specifically how often will the cut be made, how many houses will be, yards will
be cut or lots will be cut. This total amount, Mark, how much is the total amount of this contract
we’re talking about?
Mr. Johnson: I believe it’s $108,000 dollars.
Mr. Williams: $108,000 dollars. For $108,000 dollars now you’re talking about buying
some goats Wayne. We could clean up a lot with some goats with $108,000 dollars. But my
point is that before I can approve this or go for this it looks like the department head would, and I
asked I had a conversation on the phone. I need to know how many houses not how many crews
are going to be on the yard, how much equipment they’re going to use I want to know how many
14
houses and often they’re going to be cut. If you can tell me the price is going to be $108,000
dollars you ought to be able to tell me how many houses and often it’s going, I mean how many
lots and how often they’re going to be cut. And I hadn’t heard that yet. So I’ve got an issue with
that myself. When you put fluff in I call it, when you’ve got room to do some things I can’t put
that kind of money and wait to see. Now we’re doing a contract with this. If the city crew’s
been doing it and I think we’ve got private contractors. I don’t know if we’ve got any city crews
or not. We’ve got some private contractors that we instructed to do some things. I need to know
that $108,000 dollars is going to be spent on exactly what and when. And I hadn’t heard that yet.
And I asked you for that information but I didn’t get it.
Mr. Johnson: Well, here’s the what. The, what is it’s a time and materials contract. It is
not a set work contract meaning it’s a four person crew, 10 hours a day, five days a week.
There’s so many variables I can’t give you a definitive number. Is it the first time the lot’s been
cut in ten years? That will require additional time then something we just did three months ago
and ---
Mr. Williams: Mark, let me stop you we’ll be here all day. I’m going to let this go. You
need to get with Andrew because you’ll make a good attorney because that double talk ain’t
getting nowhere with me because if you hired me to cut the lots and you’re going to give me
$108,000 dollars I can tell you how many more cutting houses won’t do it because I want
$108,000 dollars. Now you’re not going to cut them. You’ve got somebody that you’re hiring
and we’re hiring a company to cut them and I understand that. But they ought to be able to say
well this is what you’re going to get for your money. And that’s what I’ve got to be accountable
for is what they’re going to get for their money up here. And I just can’t say okay that sounds
good. That don’t sound good to me and I can’t support it.
Mr. Mayor: Okay. Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. Mark, under a Time and Materials Contract the
vendor would pay, well, there’s a line item there for any materials that the vendor would need
and/or certainly an amount of hours associated with the contract. Once that maximum amount of
hours let’s say 2,080 for the sake of argument here, 2,080 hours is utilized and those dollars are
gone here’s a scenario in that there is not, there’s still more homes or lots to be done. So at point
are you going to come back in that scenario, are you going to come back and request additional
dollars or some change order. Are we going to end it at the dollar value that we have on the
Time and Materials Contract when those hours are up and you utilized all the hours. I’m
assuming it’s time and materials so the time you’ve associated some hours with the work that
needs to be done.
Mr. Johnson: What we did is we gave them a very defined scope. Here’s the resources
they’re included here’s the number of hours here’s the number of people and ---
Mr. Mason: So there are hours. Because that’s the point I’m getting at. You’ve got
some hours associated with this.
Mr. Johnson: Correct.
15
Mr. Mason: Okay. So if in fact those hours are utilized and there are no longer any
hours left but there’s plenty more lawns or yards to be done what is your focus at that point?
Mr. Johnson: We would be back before you to make a strategic provision that says if you
like the outcome and is it proactive or do you want to discontinue the service and live with what
we have.
Mr. Mason: Right and so my point which kind of goes back to what Commissioner
Williams is saying here in order for you to determine number one an amount of hours there will
have to be some sort of matrix determining ‘x’ amount of hours per lawn are you going to you
know dedicate for the sake of argument or estimate I would say hour and a half two hours per
this should get us approximately ‘x’ amount of a home all that was done?
Mr. Johnson: I can give you an approximate. We’re looking at ---
Mr. Mason: No, no, no I’m saying was all that done.
Mr. Johnson: Yes.
Mr. Mason: Okay, because there’s no way you can come up with figures. That’s the
point I’m trying to get across here. So that’s what I’m thinking they’re wanting to hear. You
know I do this all the time so there’s no way that you can come up with figures without having
determined some amount of labor to be done and if you don’t have a separate line item for
materials then you set aside ‘x’ amount of dollars for the materials that’s going to be required to
clean up as well. So here’s the other question. Is there a separate line item for materials or is
that built into the hours?
Mr. Johnson: That is built into the hours.
Mr. Mayor: And, Commissioner, do you want two more, two more minutes?
Mr. Mason: No, because I don’t think I’m going to vote for it.
Mr. Mayor: Okay. Okay, so you’re good. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. Mark, I believe you said that it would be four-
person crew, ten hours a day ---
Mr. Johnson: Correct.
Mr. Lockett: --- five days a week?
Mr. Johnson: Correct.
16
Mr. Lockett: If you do that you’re running into overtime. Why not eight hours a day,
five days a week?
Mr. Johnson: We can set the contract ---
Mr. Lockett: Well, I know because if you run into overtime that means your $108,000
dollars is not going to go as far as it normally would without overtime.
Mr. Johnson: But we’re not managing the crew. It could be different people on different
days. We just set a defined number of hours. How they achieve that whether they, because it
went through a competitive bid process, if somebody paid overtime their cost would be higher
than somebody who didn’t so how they manage that work flow was on the contractor who bid it.
Mr. Lockett: Okay but ---
Mr. Johnson: (unintelligible).
Mr. Lockett: --- the only thing I have I differ with you on that is they may manage it but
if they’re paying overtime the $108,000 dollars is not going to last as long as you anticipated and
you’re going to be back here. You understand what I’m talking about? I’m not trying to be
critical but I just thought that subject should be considered. Thank you, Mr. Chairman.
Mr. Mayor: Thank you, sir. Commissioner Smith, did you?
Mr. Smith: I’ve just got one question, Mark. Who is the owner of this company?
Mr. Johnson: I don’t know. We went through I don’t know him personally so we just
went through a competitive bid process. My employees checked resources and they came back
as acceptable. So I don’t know the owner ---
Mr. Johnson: Mr. Mayor?
Mr. Mayor: Mr. Mayor Pro Tem.
Mr. Johnson: Thank you, Mr. Mayor. Mark, I think it’d probably be more appropriate if
we probably got a scope of work maybe. And I know you can’t really do because I know you’ve
done it from a time and material from a time and material basis but it’d probably be more clearer
to the Commission if we had a maybe a precise scope of work and maybe a general perspective
of how many lots will probably be done. And that’s I mean it could be just a guesstimate
because you’re probably averaging maybe an hour and a half to two hours per lot depending on
the severity of the lot and whether or not there’s a structure on the lot. So I think that would
probably give us something to grab hold to at least see okay we project they would do five yards
a day. You know and in that way we would know exactly approximately how many yards will
be done with this crew in forty weeks or thirty weeks or what have you. So I think that would
probably be the most appropriate way to present this because right now it’s kind of just out there.
We don’t know exactly how long these folks are going to be out there.
17
Mr. Johnson: For general purposes our estimate was ten lots a day, five days a week is
fifty lots a day. We’re currently doing 127ish lots ---
Mr. Johnson: A month.
Mr. Johnson: --- so you’re looking at significant improvement. So you’re looking at
about 75 additional lots through this program plus what we can continue to do with our inmate
crew. So that’s our contracting estimate. As far as scope of service I can get that for you
because that’s what we included in the RFP, for the bid, it wasn’t an RFP is was a bid. So that
scope of service was already defined and ---
Mr. JohnsonI’ll make a motion to
: Well, I think if we could do that then I mean
forward it without recommendation
but we need to at least get a scope so we’ll know
specifically what this crew is going to be doing and how many folks are going, I mean how many
hours or many lots we project them to do per day or per week. And that gives us a ball park to
really kind of wrap our hands around and know exactly what they’re going to be doing. Because
right now I think what Commissioner Williams is even saying we don’t have a scope to identify
how many lots in particular they’re going to be cutting ---
Mr. Mayor: Commissioner ---
Mr. Johnson: --- and you know I’m with what you’re saying but ---
Mr. Johnson: We estimate ten lots for the crew per day five days a week. Beyond that
you get into was it two acres or was it a tenth of that.
Mr. Johnson: Right.
Mr. Johnson: Was it the first cut, the second cut? How many beer bottles were on the
lot? Was it one that people walk through and just throw stuff on the ground or was it one that
just needed a quick manicure and move on. It’s just a rough estimate.
Mr. Mayor: And, Commissioner Johnson, were you making a motion to refer this to the
next Commission meeting?
Mr. Johnson: Just forward it, I’m sorry forward it to the committee because it went
through committee already correct? Send it back then because ---
: To include the scope of work.
Mr. Mayor
Mr. Johnson: Right, exactly.
Mr. Mayor: Okay. Mark, is there any time frame on this? Is that going to hold you up
too much?
18
Mr. Johnson: No.
Mr. Mayor: Okay, we have a motion. Is there a second on that?
Mr. Smith: I’ll second it ---
Mr. Mayor: Okay and Commissioner Smith.
Mr. Smith: --- but I’d like to make a comment. Mark is like when they clean the lot and
the trash and all that are there any fees included in this contract that they have to be paid or
anything? We got into that back several years ago when the company came in and said you
know we’re going to haul off everything and then all of a sudden it came up about fees that they
didn’t include in the bid.
Mr. Johnson: I’m required to pay them a weekly rate. That’s it. So they’re just purely
time.
Mr. Smith: Another words a set weekly rate or ---
Mr. Johnson: Correct.
Mr. Smith: --- based on what they turn in?
Mr. Johnson: It’s a set weekly rate.
Mr. Smith: All right suppose we have a rain out for about three days. What do we do?
Mr. Johnson: Then there’s a daily rate.
Mr. Smith: It’s broken down right?
Mr. Johnson: It’s broken down.
Mr. Smith: Okay, that’s what a lot of us up here don’t know and if we could see what
we’re talking about when the contract is this, this, this so much labor and so much this, boom.
And it’s all you come out and say this is per lot. We need you this day, go clean these five lots.
We don’t need you tomorrow per lot.
Mr. Mayor: Okay, thank you, sir. We have a motion that’s been made and properly
seconded. Commissioners will now vote by the usual sign of voting.
Mr. Jackson votes No.
Motion Passes 9-1.
Mr. Mayor: And, Madam Clerk, as we get into the regular agenda the Administrator is
recommending requested we do item 37 first.
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The Clerk:
ADMINISTRATOR
37. Motion to approve the Administrator’s recommendation for the position of Director of
Augusta Recreation, Parks and Facilities.
Ms. Davis: So moved.
Mr. Mason: Second.
Mr. Mayor: We have a motion that’s been properly seconded. Commissioner Guilfoyle
did you?
Mr. Guilfoyle: Yes, sir, Mr. Mayor, thank you. I would just like to say what concerns
me is we had employees that we need to look at because when you only get to a certain level and
when it comes to a department director we’re looking outside the area. Where is the gumption
where an employee can only move up so high then it stops. That’s what I worry about. We are
fixing to hire in a new REC Department Director. We had an intern sitting in, he done a
wonderful job. I heard no complaints about him but in the future we need to focus on getting our
employees to let them know there is a top position. And we have some wonderful department
directors here that moved up from inside. That was their goal and they succeeded. And this is
something that we’re going to have to focus on in the future.
Mr. Mayor: Thank you, sir. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I would just like to remind my colleague that
someone from the inside was interviewed for that position but did not come out number one nor
two nor three. Thank you, Mr. Chairman.
Mr. Mayor: Thank you. Commissioner Williams then Commissioner Fennoy.
Mr. Williams: Thank you, Mr. Mayor. I agree with Mr. Guilfoyle, we need to find a way
to grow our own so to speak right here. But I’d like to say to the Administrator for these two
people that we recommend for both positions we can’t demand them to live anywhere but we
need to recommend them to live in Richmond County. Now I’m not for paying folks with
Richmond County dollars that take it to another county and live and then support that tax base.
If we’re good enough to work here you ought to be good enough to live here. If it ain’t, if that
dog won’t hunt then don’t take him to the woods because he ain’t going nowhere. But we need
to make sure that we at least urge or ---
Mr. Mason: Strongly recommend.
Mr. Williams: --- strongly recommend, thank you Commissioner, strongly recommend.
I mean because too often now and they can moonlight by one of the relatives, well, let me say
cross the line. Let me take you across the water then see if we could be writing something about
20
how we hired somebody who stays in South Carolina. So we need to make sure that we put that
in their heads that we’ve got some beautiful properties around Augusta and in all facets of
Augusta from Harrisburg to East Boundary to South Augusta to West Augusta we’ve got some
places that people would love to live in places right here in Richmond County. So please, sir,
urge that for me.
Mr. Mason: Amen, Reverend.
Mr. Mayor: You train dogs. Did you ever train a dog to hunt a goat? Commissioner
Fennoy then Commissioner Lockett.
Mr. Fennoy: Yes, I also think that when we bring new people in and we look at the
salary requirements for that position I don’t think that it should exceed the salary of the person
that they replaced. We have a lot of employees that haven’t gotten a raise in years and it’s one
thing to go outside and bring somebody in but then when you bring somebody from the outside
in that’s making a lot more than, well making more than the person that they replaced I don’t
think it’s fair to our employees that do an outstanding job for us.
Mr. Mayor: Thank you, sir. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. In response to my colleague Commissioner
Fennoy when you go outside you’re looking for the best qualified. If you should have that
person in house well quite naturally you would hire them. And sometimes in order to get the
best qualified you do have to pay additional monies. So I don’t want that to be stopping anyone.
And I would like to get from the General Counsel my colleague and friend Commissioner
Williams said that he wanted to make everybody stay in Richmond County. Is that legal?
Mr. MacKenzie: We don’t currently have any provisions in our code that would allow
for that.
Mr. Williams: Mr. Mayor, if I can ---
Mr. Lockett: That wasn’t my question. My question was is that legal?
Mr. MacKenzie: There are some provisions on certain positions that are required that
way such as electing positions but I would not recommend that you do that with respect to these
positions.
Mr. Lockett: Thank you, sir.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you. Let me respond, Mr. Mayor. I remember times when in
Richmond County you had to be a Richmond County resident in order to work for the city police
or county Sheriff’s Department or our Fire Department in this city. Now I’m not, I wasn’t
requiring that. What I was doing is asking the Administrator to strongly in fact very strongly
21
suggest that not that we could make them but we need to encourage that because we know we’re
always talking about what’s better down the street. I mean the ice is cold if it’s cold anywhere. I
mean ice on one side of town ain’t no colder than any other side. But folks done got that stigma
in their heads, Wayne, and we got to change that. We got to let people know if you’re going to
work for this government you need to, in fact we ought to get special, I don’t want to say special
there ought to be some perks for folks living inside the city versus those that live outside.
Mr. Guilfoyle: They do, they deal with us.
Mr. Mayor: Thank you, sir. All righty we have a motion that’s been properly seconded.
If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr.
Russell.
Mr. Russell: After we call the vote on this.
Mr. Fennoy and Mr. Guilfoyle vote No.
Motion Passes 8-2.
Mr. Mayor: Mr. Russell?
ADDENDUM
Motion to add and approve the recommendation of Ms. Tanika Bryant for the position of
Human Resources Director.
Mr. Russell: Mr. Mayor, while it’s not on the agenda we just completed negotiations
with the candidate for the HR position. We’ve had the chance to meet with them as we’ve gone
forward. Their name has been in the public sector for the required time and at this point I would
like to recommend that if we can get unanimous consent to add this to the agenda which would
save us approximately 15-20 days in bringing that person on board. I recommend our third
candidate in that particular case which was Ms. Tanika Bryant at a salary of $90,000 dollars per
year.
Mr. Mayor: Do we have unanimous consent to add and approve?
Ms. Davis: So moved.
Mr. Smith: Second.
Mr. Mayor: The motion’s been made and properly seconded. Commissioners will now
vote by the usual sign of voting.
Motion Passes 10-0.
Mr. Mayor: Mr. Russell.
22
Mr. Russell: And just for a point of record, Commissioner Williams, I will spend at least
the next 15 minutes of my conversation with them telling them what a great place Augusta is to
live. Because as you know we live there and we all think it’s a great place.
Mr. Mayor: Commissioner Fennoy.
Mr. Fennoy: Mr. Russell, since Laney Walker/Bethlehem has received such high awards
for their redevelopment, then I encourage you to steer all new department heads in that direction
also.
Mr. Russell: Let me suggest to you from my own personal well being that each district
has wonderful places to live and hopefully that they will be able to pick one that suits their needs
specifically.
Mr. Mayor: Thank you, Mr. Russell.
Mr. Mason: Thank you, Mr. Russell, great answer.
Mr. Mayor: Mr. Mayor Pro Tem.
Mr. Johnson: Thank you, Mr. Mayor. Two things here if we could I know per the
request of this Chair of the State Legislatures of the House of Representative Wayne Howard
requested that we send a resolution confirming our support for the request by the Judges recently.
And we do have a resolution that the Attorney took a look at and he drafted and we have consent
here today to add that to send to them. They really needed that as soon as possible as we know
the legislative session is winding up so.
Mr. Mayor: And we’ll need unanimous consent on that as well, correct, Mr. MacKenzie?
Mr. MacKenzie: At least to add it and then you could vote on it separately if you wanted
to do it that way.
Mr. Mayor: Okay. Do we have unanimous consent to add it?
Mr. Lockett: Not yet I have a question.
Mr. Smith: No.
Mr. Mayor: Okay, Commissioner Smith says no Commissioner Lockett.
Mr. Lockett: Why are we just getting this now? When did you draft this up, Mr. General
Counsel?
Mr. MacKenzie: This was done by Commissioner Johnson.
Mr. Lockett: Commissioner Johnson drafted it?
23
Mr. MacKenzie: I put it together at his request.
Mr. Lockett: So you put it together. When was this done?
Mr. MacKenzie: This was done I guess about three days ago as soon as soon as he
requested it.
Mr. Lockett: All right my next question is, Mr. General Counsel, who do you work for?
Mr. MacKenzie: I work for the City of Augusta.
Mr. Lockett: You work for the City of Augusta?
Mr. MacKenzie: Actually technically the name would be Augusta Georgia.
Mr. Lockett: You work for the city. Who signs your paycheck?
Mr. MacKenzie: Sir, electronically signed by the Director of Finance.
Mr. Lockett: Okay, well I’m going to talk to you later okay? You work for the
Commission, okay? You work for the Commission Council and Mr. Mayor so eloquently the
latter part of last year indicated that no one Commissioner can direct the General Counsel or the
Law Department to do anything.
Mr. MacKenzie: I would appreciate it if there was some kind of ---
Mr. Lockett: We’ve gone through this before, Mr. General Counsel.
Mr. MacKenzie: I understand that, sir, and to my knowledge there is no resolution or
ordinance to that effect.
Mr. Lockett: Well, if you go back and look at the minutes the Mayor told me when I
suggested that you get in contact with the Attorney General in reference to an issue he so
eloquently said Commissioner Locket no one Commissioner can direct the General Counsel to
do anything. I remember it and I’m a senior citizen so you should remember. The Mayor
remembers it. Thank you, Mr. Chairman.
Mr. Mayor: And thank you, sir. Commissioner Johnson and might I add we do not have
unanimous consent so.
Mr. Johnson: That is correct, Mr. Mayor. I would like to clarify a few things here. This
request came in from the State Legislators on I guess Thursday or Friday. I contacted Mr.
MacKenzie and asked him was he knowledgeable about this document and if he would draft
something. That of course I guess it was drafted yesterday evening. So of course this
information is just being facilitated. However it’s up to you all how you want to do it. I’m just
24
doing it per the request. We all got this information in our packet so it ain’t nothing that nobody
did not know from the State Representatives about this request. So this was done by them, it was
sent to the Commission and it was put in our packets I guess by Ms. Morawski and the crew in
the Clerk’s Office.
Mr. Mayor: Okay, Commissioner Williams and then let’s move along please.
Mr. Williams: Thank you, Mr. Mayor. I also go the phone calls from some of the judges
and got the letter from Ms. Johnson also I understand about the resolution. And I’ve got no
problem with supporting it but I need, we need to get some direction from them, from the State
Legislators about funding as well. We need to know how we’re going to pay. I mean I’m in
favor, I mean with this snowball effect it’s starting to roll down hill now and it’s picking up
speed as it goes. But along with this resolution saying we support that but somebody needs to
share with us with all of the budget cuts and all of the cut backs we’re doing from education and
everything you know it’s how can we get what we don’t have? Now Augusta I keep saying
Commissioner Smith we’re not doing anything additional to bring money in and we got money
going out. So I’m not opposed to that I really want to support it but somebody needs to tell me
where the money’s going to come from. And if you know if there’s a space for that I’d like to
see it.
Mr. Mayor: Okay, thank you, sir. Point well taken. Commissioner Guilfoyle and then
like I say let’s move along. We’ve just got one more ---
Mr. Guilfoyle: No problem, Mr. Mayor, I’ll make it quick. Andrew, in your discussion a
few minutes ago there’s no ordinance or policy set forth where it takes six Commissioners to
direct a director?
Mr. MacKenzie: Not that I’m aware of but I will be happy to put together something to
that effect.
Mr. Guilfoyle: Gentlemen, this would be a great time and ladies that we put a policy
together so not one as an individual. We have to work as a group to get something accomplished
because what I have seen in the past is a lot of these directors are running day and night,
weekends in order to get information to the Commission.
Mr. Mayor: Okay. Commissioner Williams, one last time and then let’s move along.
Mr. Williams: Thank you, Mr. Mayor. I don’t understand Mr. Guilfoyle’s comments
just a few minutes ago because you’ve got different levels of department heads and what they do.
If you request something and I try to go through Ms. Morawski I worry her a lot in there because
I ask her to get the information I need from whoever I need it from. But when you talk about the
Attorney, that’s a whole different scenario now. That’s not Procurement that’s not Finance
you’re talking the Attorney changing rules or laws I guess. So Wayne that, I don’t understand
that. I need to get some clarification about what we’re doing. We probably need to get a process
if you’re talking about all of the department heads. I asked for something that cost the city twice
25
as much as it should of cost because when I ask for a piece of information it gets disseminated to
everybody on this board.
Mr. Guilfoyle: No, sir.
Mr. Williams: Well, that’s not a question, Mr. Mayor. I’m saying that when you go to a
department head or you go to the Administrator, you go to the Clerk and say you need some
information our districts are totally different. I’ve got the big boys now, I’ve got the Super
Districts. I get all the calls. I was getting a lot of calls before so when I’m in District 4, District
5, District 1 or 2 I may need something totally different from anybody else in another district.
And when I call that department head and I don’t always get the truth since we’re talking let’s
put everything ---
Mr. Mayor: Okay.
Mr. Williams: --- out here because what we’re talking about is good but when people
give you just enough to satisfy you I had to request stuff three and four times.
Mr. Mayor: Okay, Commissioner Williams and with all due respect we, this is not added
to the agenda and we do have one more agenda item to address. And we will I know have a
chance to address this so with all due respect.
Mr. Williams: We’ll talk about it later.
Mr. Mayor: Okay, I know we will. My door’s always open. Madam Clerk, the, what I
think is the final agenda item.
The Clerk:
ADMINISTRATIVE SERVICES
36. Discuss the allegations of (3) commissioners doing business with the City of Augusta in
possible conflict with state law and/or Articles 2 and 3 of the Augusta Code. (No
recommendation from Administrative Services Committee February 25, 2013)
Mr. Mayor: And, lady and gentlemen, I would just ask that in any discussions on this we
keep it to the facts, nothing personally motivated and just keep it very to the high ground. I’ve
requested the Attorney give us some options that the Commission may persue. Mr. Attorney?
Mr. MacKenzie: Sure, I’d be happy to do that. Procedurally what you have before you is
some provisions in the Augusta Georgia Code Section 1-1-25 and 1-1-26. And both those
address the issue that’s on the agenda which is what to do with respect to allegations or
complaints of ethical violations of Commissioners. And you can see in Section 1-1-25 it states
Augusta Richmond County Commission shall be responsible for hearing and deciding any
complaints filed against a public official regarding alleged violation of Articles 2 and 3 of the
chapter which are the ethical provisions. And the next section it says in addition any other
remedy provided by law a public official who is subject to the provisions of this article is found
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by the Augusta Richmond County Commission to have violated its provisions may be subject to
censure or reprimand. In accordance with those I would recommend that the way that you would
proceed with respect of this kind of a hearing would be to consider each one of the cases
separately. I mean each Commissioner would be considered on its own, hold a hearing with
respect to each Commissioner. At the conclusion of receiving any information if you haven’t
heard enough information that you might want to postpone it to another meeting or direct that a
further investigation be done. If you have heard enough then I would think an appropriate
motion would be to close the evidence. Once the evidence is closed you have the option to
deliberate it once the all the information has been received. You can deliberate that in a closed
meeting if you need to or feel the need to. Or you can make a finding whether or not that
Commissioner has in fact violated the ethics provisions and a decision whether or not to issue a
censure or reprimand.
Mr. Mayor: Okay, thank you, sir. And we can use this meeting to go about those
proceedings. Correct?
Mr. MacKenzie: Yes, sir.
Mr. Mayor: Okay. I, just to be perfectly fair and I agree with taking these one at a time.
So to go in alphabetical order we’ll first go with Commissioner Guilfoyle. Yes sir,
Commissioner Mason.
Mr. Mason: Before we get started so that we know that we’re making correct decisions
here. In Section 1-1-26 Disciplinary Actions against a Public Official. Are you telling me that
what you see here in 1-1-26 is the only options that are available in censure and reprimand? Is
that what you’re telling me right now?
Mr. MacKenzie: No, I’m not saying that at all. The reason I’m not saying that is because
the very first clause in that statement says in addition to any other remedy provided by law. And
it would depend on the circumstances of any particular violation of whether or not there was any
other remedy at law with respect to the violation.
Mr. Mason: Well, within this that you’re reading from if you read just a tad bit further,
doesn’t it speak to some other remedies potentially?
Mr. MacKenzie: On that code section or a different section.
Mr. Mason: Period.
Mr. MacKenzie: There are Remedies at Law there’s also some provisions relating to
other specific incidences that there was unlawful gifts that were transferred. There’s some
provisions later relating to that.
Mr. Mason: Okay, here’s what I don’t want to do here, Mr. Mayor, because I want to be
fair to the Commissioners that are sitting here absolutely. And I want to be fair to the
constituents and the taxpayers whose dollar may have been violated in some way shape or form.
27
So it’s imperative then that we get all the information and all the options so that as we’re
deliberating and determining what is the best method moving forward we can do that with good,
well correct information or, um total full disclosure. And so you know I would hope that we
would start this out correctly. I think that would be more amenable to an appropriate resolution.
And the one thing that we don’t want to do and the one thing I definitely don’t want to do is give
the impression to anybody out here that we’re trying to sugarcoat anything. That’s we’re trying
to throw anything under the table or that we’re trying to do a backdoor shortcut deal here.
We’ve got to be, this is an opportunity to be open and honest about what remedies there are fully
as it relates to these potential actions. From there I think we can get to a point of where we need
to be and to address the issues appropriately. So I just want to throw that out there as a point of
emphasis.
Mr. Mayor: Commissioner Lockett then Commissioner Williams.
Mr. Lockett: Thank you, Mr. Chairman. Mr. MacKenzie, I have a problem with what
you said. You’ve only been up there for a moment. My three colleagues have all admitted in the
media that they had been involved in a conflict of interest. And it’s kind of ironic but this
conflict of interest deals with Procurement. So why would you tell us about 1-1-25 and 1-1-26
and not mention what’s going on in Article 3 where it says Ethics in Public Procurement. I do
believe I think this is something that we ought to be apprised of because this is where the alleged
violations occurred. And the penalties there are much stiffer than what you eluded to in 1-1-25
and 1-1-26. So is there any particular reason. And lastly at this particular time is all three of my
colleagues have admitted conflict of interest. Their alleged offenses are identical. Now why is
there a need to listen to each one independently as opposed to collectively?
Mr. MacKenzie: Sure. I’ll start with the first inquiry you made which is with respect to
why I initially chose to put up the provision that I put up instead of citing to some procurement
provisions which also address some of the potential issues relating to procurement. And just
state that the issue I was asked to address by the Mayor initially was procedural. That is what do
we do with respect to this hearing as far as how the hearing’s going to work and that code
provision addresses that part of it. So that’s why I initially chose to go with those provisions and
addresses the hearing procedure. And then the second part of your question related to what was
it the ---
Mr. Lockett: Why individually as opposed to collectively when all of the alleged
instances that they admitted to are the same not identical.
Mr. MacKenzie: I’d be happy to address that. And even though it’s my understanding
that there may be some similarities with respect to it obviously there may be additional facts with
respect to the scope and the details relating to each one. And I think it would only be fair from a
Due Process perspective as well to have each person to have the opportunity to respond to
specific allegations. So that’s why it would be my recommendation that you deal with them
individually.
Mr. Lockett: Okay, lastly if I could, Mr. Mayor, what are really going to be the time
limits because two, two and one is not going to be sufficient. And I know that on May 1, 2007 it
28
wasn’t because I looked at some very limited testimony and it’s impossible for somebody to
spiel all that out in five minutes.
Mr. Mayor: And, Mr. MacKenzie, correct me if I’m wrong but a six vote of the
Commission can suspend the rules on the time limits covering the body?
Mr. MacKenzie: That is correct. The Chairman has certain discretions to extend the
limits by the Chair. And if the Commission disagrees with the decision of the Chair then the
Chair’s decision can be overruled.
Mr. Mayor: Okay, well, the Chair decides to suspend the limits in this given this
situation. Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. Mr. Andrew, you really disappointed me today.
Your comments and even your citing today you presented that as if it was just one of us who
were elected by the public failed to file his disclosure. Even when you fail to file your disclosure
form there’s a slap on the wrist also there’s a small fine. Depends on how far out. I mean this is
a serious offense. This is something that was done that the first thing we’re taught when you go
to a new Commissioner training it’s about ethics and about what you can’t do. No one put
anybody in this position. Anybody in the position put themselves in that position. When you
first brought this up and I said in the last meeting that and you wasn’t here we asked you had you
had any knowledge and you said no. You said not as far as you know, not to your knowledge.
Well in my research and asking questions I found out that you had discussed this matter in the
last December with two other Commissioners before you brought it to this Commission on this
body. So I really can’t trust what you’ve been saying to me. I don’t believe what you’re telling
me is right, is true. The code that you cited here now a censure is merely nothing. It’s merely
nothing. I don’t we had the authority. I don’t think and this is my opinion we had authority to
make a decision up here. I think it’s got to be somebody more so than the Mayor and these
Commissioners. I think that if something’s been done wrong then it ought to be talked about, it
ought to be exposed and it ought to be dealt with. And so far we have not had that. Mr. Mason
brought a point out about why you didn’t read all of the article and you just read part of it. Now
I don’t know I would like for you to excuse yourself but I don’t know who else we would have to
do it. Somebody else needs to lead us and give us some direction on this. There’s no proof need
to be proven. These men have confessed. They said they made a mistake. I mean if take a
Christmas tree or you take ten Christmas trees you still took something. It don’t make no
difference. And you don’t get no lighter sentence because you took one and somebody took ten.
The other person’s just greedy. So and nothing’s going to be proved. These men already said
that they done something that wasn’t that. My question is what does the law say we have to do
or necessary to do to get this thing closed, to get this thing passed? I mean the community’s here
the community, the newspaper’s been writing about it I mean it’s really, it’s really hard to stand
here or sit here and talk about somebody who’s been mislead me before on the same issue. So
I’ve got a problem with that Mr. Mayor. I’m wishing my colleagues would come up with
something else. I don’t know what to do. I mean nobody’s denied it, nobody’s trying to get out
of nothing. These guys are not running they’re not hiding and I appreciate that. But had it been
me and if you go by the history of this city and I just thought about that. But when there was a
city council Mr. Alan Tappan leased his piece of equipment to somebody and they made him
29
step down as a City Councilman. That’s right here in Augusta right upon this dais. He leased a
piece of equipment. He stood up through somebody else and they made him step down off the
dais. So if it’s good for the goose it’s good for the gander. I’m not saying because I don’t have
that authority but we act like this is nothing. We act like this is similar when you talk about
censuring Commissioner Calvin Holland was censured because he asked for asked to see which
he didn’t see he asked to see the hard drive of Mr. Russell. He never saw it but because he asked
for it the Commission voted to censure him. And when you censure somebody it’s like me
calling you Andrew that’s just a word. That’s nothing. I mean this is a serious offense. And I
think we’d be better people and better elected officials if we go and handle this thing the way it’s
supposed to be handled now. We’ve got to put friendships aside. I ain’t got no friend when it
comes to right or wrong. If you’re right, you’re right. And if you’re wrong, you’re wrong.
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: If I can briefly respond to that. Let me just make it very clear. All I’ve
done so far is to provide some guidelines with respect to how I’m suggesting that this hearing is
operating. I’m not giving an opinion on the severity of the allegations. I’m not giving an
opinion on what other possibilities could come as a result of any receiving of any evidence
whether it’s criminal whether it would be subject to any felony or misdemeanor prosecution or
anything of that nature. And Mr. Williams you said a lot. One of the things you said initially
was that you believe that I told you some mistruth with respect to my knowledge of what
information I may have had with respect to any Commissioners involvement in and of these
matters. And I would like, and it doesn’t have to be done in this forum but I would like to hear
what ever information you have because I disagree with that. I have an obligation as an attorney
to uphold the truth and I believe that I have done that.
Mr. Williams: I’ve got no problem. Did you not discuss this with Dr. Hatney and Matt
Aitken in December?
Mr. MacKenzie: When you say this, what do you mean exactly?
Mr. Williams: This changing of the rules.
Mr. MacKenzie: There have been several discussions none of which ---
Mr. Williams: No, no, no. My question was did you not discuss this with Dr. Hatney
and Matt Aitken in December of 2012?
Mr. MacKenzie: Okay, what you’re saying is discussing possibilities of amending rules?
Mr. Williams: Changing the code in December. Did Mr. Smith ask you himself to
change the code?
Mr. MacKenzie: I don’t remember the exact day but yes ---
30
Mr. Williams: I’m not asking about the day. I said Smith, not day, Mr. Smith asked you
to change the code and you put something together. That’s how this whole thing came to
fruition. Am I right?
Mr. MacKenzie: Let me make a correction. There was a request by Mr. Smith to submit
an agenda item with respect to a specific procurement that occurred in that time frame. But I
have not received any requests until more recently with respect to amending any code
amendments.
Mr. Williams: Did you not tell us in Legal that I asked how did this come about and
maybe Mr. Mason wanted to know was there any Commissioner or employees doing business
with the city. Why does this need to be changed? That’s the first, that’s how this whole
snowball started to roll. And you said at that point Mr. Smith asked you to change, to craft
something you didn’t say change to craft something to change. I’m not a lawyer so I need you to
help me. But you said craft something to change. Is that right? Because I, that’s the best I
remember.
Mr. MacKenzie: Sure and I appreciate your efforts in trying to make sure that the records
are very clear. Let me just say initially just for the record any discussions that we had in Legal
were closed meeting discussions. And if they’re related to any of these matters I don’t have the
discretion without permission from this body to disclose ---
Mr. Williams: I didn’t bring Legal out here. You brought it out here. Legal’s on the
floor here now. We ain’t discussing anything legal. This is in the open. This is everybody. I’m
not trying to bring anything but what the conversation we had was in Legal and by the item here.
It’s not about anything we had in Legal. This is where the first in fact it was during the same
time the Sheriff something that came along the same meeting. When you disclosed that to us and
I asked the question. Did you have former knowledge, did you know about any Commissioner I
think Mr. Mason might have asked, was any Commissioner or any employees doing business and
you said not to your knowledge I think you said.
Mr. MacKenzie: I stand by that decision even today.
Mr. Williams: Okay.
Mr. Mayor: Okay and, Commissioner Williams, I think if we could get back to the
agenda item. And the first thing as Chair I would like to at least give the Commissioners their
chance to at least make a statement. I believe that’s fair and with regards to the due process.
And Commissioner Mason you ---
Mr. Mason: Mr. Mayor, I believe that’s fair too but the only other question I would have
procedurally is when it comes times for the voting on what we’re doing this individually he said?
Is that what you said?
Mr. Mayor: If anybody makes a motion and it’s seconded.
31
Mr. Mayor: Okay, well, if a motion’s made individually so that we can get this clear who
would be involved in the voting process as it relates to these agenda items and these particular
Commissioners? Who would be involved or who would be excluded from voting because of the
conflict of interest thing that we’re dealing with here?
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: It would be my recommendation that obviously any particular
individual Commissioner who is in alleged to have violated the ethics provision would probably
need to abstain with respect to any votes on himself.
Mr. Mason: On himself. Okay, I just wanted to be clear.
Mr. Mayor: Okay. Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. I think first and foremost what needs to be
decided here is if it’s a code of ethics violation or is it something that is state legally violated.
And that’s the thing that must be cleared here today because again we’re dealing with two
different entities. You’re dealing with apples and oranges. If it’s something legally have been
violated that’s an illegal process. We don’t deal with legal processes up here. So that needs to
be clarified if it’s just a city ethics violation then we deal with that. And we have to dispose of
that. So yet it needs to be determined is that the case if it’s just a mere violation of the city code
and Andrew I guess you can answer that particularly based on the facts that we have at this point
because that needs to be determined before we go down the line trying to determine all this other
stuff. It may be beyond us.
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: Sure. The way I would respond to that is these are case by case
scenarios and it would depend on the specific facts as to each case whether or not the degree of
any alleged violation would also be a violation of any particular state law provision. And also
this. To the extent there is evidence that comes out whether it be today or some future point in
time which is indicative of any violation that is a state violation then that would be something
that is criminally prosecutable depending upon the particular violation either by being a
misdemeanor or a felony and that would be something that law enforcement would be involved
in. I just wanted to make sure that that’s clear. What the Commission deals with is code
violations with our code. If the same activity also overlaps with any particular state law
violations which would depend on the facts in each case then that’s something where there may
be a need to have other officials involved to prosecute those violations.
Mr. Johnson: So we need to be clear that it was not a legal violation meaning that it
would take someone from the Legal Department meaning whether it’s the DA or the Sheriff’s
Department to listen to this particular case. We are dealing with the actual city code ethics code
violation. Correct?
Mr. MacKenzie: Yes.
32
Mr. Johnson: Okay, so we need to hear their case and make a decision based on that.
Correct?
Mr. MacKenzie: That’s correct.
Mr. Mayor: Okay.
Mr. Johnson: Thank you, Mr. Mayor.
Mr. Mayor: And okay, Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I don’t know where my colleague got his law
degree from but Mr. General Counsel.
Mr. MacKenzie: Yes, sir.
Mr. Lockett: A conflict of interest can also be considered a crime is that correct.
Mr. MacKenzie: Yes, it can.
Mr. Lockett: Thank you.
Mr. Mayor: Okay, and now I’d like to just go ahead you know and to hear from,
Commissioner Fennoy, you did have your hand up. I’ll hear from you first.
Mr. Fennoy: Mr. Attorney, do we have enough information to make a determination on
how we should proceed with this and where?
Mr. MacKenzie: It would be my suggestion that you follow the format that I outlined
initially which would be you would receive evidence relating to each individual case. Then you
would decide after you receive whatever information’s available today whether there is a need to
either seek further investigation to find out more information or if you have enough information
based on what’s disclosed today to make a decision. So I’m saying it depends on what
information you receive and this body would make a decision whether you need to postpone this
to a later meeting to receive more information or you need to send this to a third party
investigator and have it investigated internally or whether you’ve heard enough and you have
enough to make a decision today, all the decisions that this body can make.
Mr. Mayor: Commissioner Williams and I do want to hear from the three
Commissioners, please, sir.
Mr. Williams: Mr. Mayor, before we ask the three and I got no problem if they want to
speak but before we put them through that I think we ought to know which direction we’re going
in, what we need to do before they and if they want to I got no problem. But I just think that it
looks like we would know where we are or what we’re dealing with. If we don’t have that
33
authority if the Attorney can’t give us those directions we need to go in. I think that a dollar
amount would change the scope of a situation if it’s criminal I believe. Now I’m not a lawyer,
I’ve taken my law degree back I don’t have it. I’m just; I’m just pulling ya’ll’s leg. I need
somebody to tell me what we need to do, how we need to proceed from here because I don’t
want to keep this going on. Ain’t nobody here running, ain’t nobody said they didn’t do, I mean
all that’s been established. So we ain’t got to reestablish that it’s already been established. We
need to find a remedy to get this straightened out so we can keep going on with the business at
hand. So who can give us that, Mr. Attorney? Do you know who can give us that information?
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: Sure, it’s my understanding that you would receive the information
that’s available today and make a decision if you need to receive more information to build to
make that determination. As you mentioned earlier if it’s a matter of all the facts are known you
might not need additional facts. But if it’s a matter where you need to do further investigation to
determine what the scope is then you might need to task someone to investigate that or some of
your staff to hire an investigator to do a more thorough investigation. If it’s a matter of scope it
probably would be dependent on information you receive today whether more is needed or
whether we have enough to make a decision today.
Mr. Mayor: Okay, we’ll start with Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mr. Mayor. Mayor Deke Copenhaver and Commissioners, I
regret any ethic violations with the respect to my company doing work indirectly for the city. It
was never my intent to do anything inconsistent with any of the city’s procedures. I thought
dealing with a private contractor through the bid process and abstaining on votes pertaining to
the project was the correct process. I was recently informed by Andrew MacKenzie that I have
followed the correct procedure with respect to abstaining but I also needed permission from the
Board of Commissioners prior to my company doing any work. I have instructed my estimator
not to quote any jobs pertaining with this city of Augusta Richmond County. That’s a fact. And
I leave it up to the Board of Commissioners to take any actions they deem necessary with respect
to this matter. Thank you all. Thank you for your time.
Mr. Mayor: Thank you, Commissioner Guilfoyle. Do we have any questions from the
body? Okay, thank you, sir. Ms. Davis.
Ms. Davis:
We’ve received all the information from Finance Department. We have the
Code of Ethics we’ve been given that, we’ve studied that. We’ve heard from Commissioner
I would like to move to close the evidence so we can move forward with
Guilfoyle.
Commissioner Guilfoyle.
Mr. Mayor: Is there a second?
Mr. Donald Smith: I’ll second it.
Mr. Mayor: Commissioner Lockett.
34
Mr. Lockett: Mr. Chairman, this is for Commissioner Guilfoyle and the other two
Commissioners. I want you to understand that we’ve had a difficult time obtaining information
to really be fair with you because as every day goes by I seem to find additional information. So
what I would like for each of you to say today if you would that would make me feel better and
probably quite a few people this year, if you would tell us that you have no other business with
this government other than what we’ve been privy to. Because there has been some conflicts
that while I was engaged in this business practice before I became a Commissioner but then
when I do my research I see that that’s not the case. So basically what I’m asking you to do is be
completely honest today. If you’ve done business with somebody else, with some other entity
please let us know today because if you don’t eventually it’s going to come out and we’re going
to be right back here again. So just go on and be honest and let’s go on and get this over today
so we can move on. Thank you, Mr. Chairman.
Mr. Mayor: And, Mr. Guilfoyle, would you be confident, I mean would you be
comfortable making that assertion for the record?
Mr. Guilfoyle: Yes, this is the only job Augusta Tile Crafters has partaken in and we
have no desire to bid any more work because it’s not worth the due process that I’m going
through now my employees as well as my family. It has, when people say that I got in this
position for unethical reasons, well, I look at it different because when I got voted in I got voted
in for one reason, is to serve the people. And I would have never thought that this by me
abstaining and every time I didn’t hide it from anybody. But I will say this. I don’t waste the
taxpayer’s dollars. Never have, never will. Gas card when I was first elected. I still got it in the
same envelope stapled together because I think it’s my due diligence to serve the people. I never
had a city phone and the insurance. We pay, my wife and self pays or own private insurance.
We could’ve took up with the city’s insurance but we deemed not because it would to me that
would be unethical. And it wouldn’t be right we me being on this floor for such a short term.
But no, Augusta Tile Crafters has no business no desire whatsoever to do any work with Augusta
Richmond County. Thank you.
Mr. Lockett: Mr. Mayor, if I could just have a couple of seconds.
Mr. Mayor: Yes, sir, Commissioner Lockett.
Mr. Lockett: Commissioner Guilfoyle, I appreciate the fact that you’ve been honest with
us and you’re definitely showing remorse and especially the fact you haven’t called me a racist.
Thank you.
Mr. Smith: Can we call for the question?
Mr. Guilfoyle: Can I respond to this?
Mr. Mayor: Okay.
35
Mr. Guilfoyle: Let me respond to this about this media that’s always bringing up racism
which is, I mean from my point of view, I don’t care what color you are. I look at the person
inside. When you look at my vote 99% of the time it has to do with the taxpayer’s dollars.
That’s my decision on my vote not the color of the skin. And I don’t have one ill harm towards
any of this commission from what I’m going through now because this is the due process when
you do a violation like I did. And again, Mr. Lockett, like my stepfather had told me back in
1934 if you’ve got to describe a man by its color find a different way. And I don’t describe a
man by its color.
Mr. Mayor: Okay, thank you, sir. We have, Commissioner Fennoy.
Mr. Fennoy: Yes, this is a question I’d like to ask Mr. Guilfoyle and the other
Commissioners is whether any of the contracts that you did, did you vote as a Commissioner on
any of those contracts?
Mr. Guilfoyle: Absolutely not, sir.
Mr. Fennoy: Okay, thank you.
Mr. Guilfoyle: For a year and a half over a year and a half I abstained.
Mr. Fennoy: Okay.
Mr. Guilfoyle: And matter of fact the Clerk knew when it was time for me to abstain.
Thank you, Bill.
Mr. Mayor: Okay. Commissioner Smith.
Mr. Smith: Yes, sir, we’ve got a motion and a second and I’m asking that we call for the
question.
Mr. Mayor: Okay. We have a motion that’s been properly seconded. Commissioners
will now vote by the usual sign of voting.
Mr. Mason: What is the motion?
Mr. Mayor: Madam Clerk?
The Clerk: Mr. Mayor, I did not get that. I was speaking with Mr. Johnson and I did not
get the ---
Mr. Mayor: Ms. Davis?
Ms. Davis: The motion was to close the evidence that we’ve received on Commissioner
Guilfoyle.
36
Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioners will
now vote by the usual sign of voting.
Mr. Guilfoyle abstains.
Motion Passes 9-0-1.
Mr. Mayor: And, Mr. MacKenzie, it would be appropriate now to request if the body
would like to take any further action.
Mr. MacKenzie: That would be appropriate in accordance with the procedure outlined
previously. There will need to be a determination made by this body whether or not
Commissioner Guilfoyle violated the ethics code and you will need to consider what action to
take as a result of that whether it be reprimand or censure.
Mr. Mayor: Commissioner Smith then Commissioner Williams.
Mr. D. Smith: Yes, sir, I’d like to make a motion that this penalty phase so to speak be
conducted in public and not in private. And that we take the vote publicly and handle this matter
now as opposed to going into private session.
Mr. Mayor: Did you put that in the form of a motion?
Mr. Smith: Yes, sir, that is my motion.
Mr. Mayor: Do we have a second?
Mr. Mason: I thought that was what we were going to do anyway?
Mr. Mayor: Yeah, that’s what we were going to do anyway.
Mr. Smith: I just wanted to make sure we were on the record for that.
Mr. Mayor: Okay. Do we have anybody that would like to make a, Commissioner
Williams, I’m sorry.
Mr. Williams: Thank you, Mr. Mayor. I’m a little bit, well, I’m a lot confused I’m not a
little bit. I thought we was going to hear the statement from each person and we were going to
decide whether it was up or down, whether it was going to be a censure or what’s it going to be,
a reprimand or whether it’s going to be an investigation or what. Now we’re taking this pretty
lightly now.
Mr. Mayor: Commissioner Williams, let me just, I hate to interrupt you but that’s what I
requested. Do we have any further action on this case? So that would, this would be the
appropriate place to make a motion to any of those affects.
37
Mr. Williams: Okay but I mean I’ve got a make a comment now because we’re going to
discuss on the floor. I need to know because if we’re going to look at each individual here and
do it that way and one Commissioner’s sitting here and one Commissioner is sitting there, we
hadn’t determined what’s what in my mind. We talked about censuring we talked about
reprimanding or whatever but we have not even determined the seriousness. We’re talking about
financing we’re not talking about not filing your disclosure form with the state on time. I mean
and that’s what you get censured for. I mean we need somebody to tell us I need to know how
and what group to get in. What action to take. Everybody keeps talking but ain’t nobody saying
anything about what it actually is. Either they hadn’t said it’s not nothing. If it’s not anything
then we need to assess it. We can vote on that up here. I just need to know. And when I finish
saying Mr. Mayor that you know as well as this whole city knows I was investigated by the GBI
for allegedly trying to grant economic dollars. Not that I done anything it wasn’t no money
exchanged wasn’t no deal cut wasn’t nothing done but I was investigated right here in my office.
And the Mayor Pro Tem the GBI came and spoke with me here. So here it is now we’re talking
about the seriousness of this thing and if we ain’t going to do it then I ain’t got no time to sit here
and waste. I don’t act like we don’t know what’s going on. If we’re going to do something let’s
be men and lady enough to do that what we’re supposed to do. We don’t have the power to take
anybody down in this seat. We don’t any power to make anybody pay anything back. We don’t
have that power. You don’t have that power, Mr. Mayor.
Mr. Mayor: No.
Mr. Williams: So we need somebody who has that authority to tell us hey ya’ll ain’t got
nothing, leave it alone just go on about your business or somebody says you do have something.
But I ain’t going to sit here and act like that I don’t understand what we’re doing.
Mr. Mayor: And, Commissioner Williams, you and I were the only two people that was
here when that happened. But that, correct me if I’m wrong but that was not instituted by any
action of this body. Correct?
Mr. Williams: It’s an outside agent. It’s Georgia Bureau of Investigation, that’s right. It
wasn’t this body. Now where it come from I don’t know if it came from you it didn’t come from
my office.
Mr. Mayor: It didn’t come from my office.
Mr. Williams: It certainly didn’t come from my office and I had no problem with that
because I hadn’t done anything wrong. And you hadn’t heard one word about it, not one word
since that investigation happened. Not in the newspaper not on the radio, TV not one word
because there was not anything. And if this ain’t nothing we should not hear a thing about that
either. But we can’t sit here and act like well you know we’re not going to address it we’re
going to say okay we’re going vote to censure. Man look, I got a lot to do.
Mr. Mayor: Commissioner Mason and then Commissioner Davis.
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Mr. Mason:
Thank you, Mr. Mayor. I’m going to make a couple of comments here
because we could be here all night. The fact of the matter is there’s been for the most part
there’s been an admission by all three Commissioners. So that’s clear. I don’t need a lot of
discussion on that because it’s happened we have the factual evidence that it has happened. So
no matter what happens here today there are no winners. We all lose really. I say that because
there will be some that will say and have said that we shouldn’t do anything. It’s just how it
goes. And there are some that will say that we perhaps will not do enough. A black eye has
been cast upon this Commission and this city in fact because of these violations that have
occurred by the actions of a few. The violations we’re discussing are serious in that it goes
straight to public trust. The fact that some in the media and some even on this Commission want
to make this out to be a racial issue is beyond sensible. And I can’t and won’t give any credence
to any of that. Let’s just deal with the facts at hand. Right is right and wrong is wrong. And
contrary to what some believe right and wrong has no specific color attached to it. I find it
extremely difficult to believe that anyone who took this oath of office would remotely believe
that they could business with the city either directly or indirectly. Many of us have been
criticized for taking trips to Commission conferences by select media. But I’m here to tell you
today that if you didn’t know that doing business with the city was a violation before you took
office when you went to new Commissioners training and when you took the ethics course
through our commission curriculum this was talked about very, very heavily and in depth within
the lesson plan. So for those who have not had the course I would highly recommend that you
take it. If in fact you have taken it then certainly there’s no excuse. What I’m saying here today
is that it’s important that I’m very, very clear that I’m not anti business for any of the
Commissioners that are sitting up here. But there must be a clear separation between being a
business man or person wanting to do business with the city and a Commissioner who has a
business doing business with the city. That is flat out wrong on so many levels, period. So it’s
just too much to ask the taxpayers to trust that are working within the rules because the
perception becomes people’s reality. And we have to deal with that. Now your intentions may
be good for the most part in terms of saving the city. I get that in certain instances in terms of
what you may charges versus others. But it’s not appropriate, period. We clearly see that there’s
been some violations okay? The blame cannot be placed on anyone else as it relates to these
incidents, not Procurement, not the employee that requested the transaction or anybody else.
Each Commissioner every single one of us to include myself took their individual oath and the
blame lies squarely on that individual who took that oath. So I’m encouraged today for those
Commissioners that are going to come, that have come forth and will come forth to say I made a
mistake. Historically fate as not been kind to those that have been caught up in this situation.
He mentioned Alan Tappan who was indicted on charges. We’ve seen other folk go to prison for
violations of their office. I’m not advocating that today but what I am advocating is this. This is
a serious situation and we ought not in public or private belittle the situation that we find
ourselves in, Mr. Mayor. And I’m sure you would agree with that. So in lieu of the fact that
clearly there is not a will on this Commission at this point and I can count to six as good as you
can. Clearly there’s not a will to pay any monies back that has been distributed to
Commissioners. So that leaves us with the though process of what is it that we can do at this
level dealing with the Augusta ethics code not the state code not your oath of office which is also
with the state but with the Augusta code. Let’s keep it clear. What can we do as it relates to
that? Given that fact and that point and this is really for all of them but we’re dealing with
I would make a motion that Mr. Guilfoyle be censured
Commissioner Guilfoyle right now.
39
formerlyfor his participation in this ethics violation that has beencited
. Also I would like
to add to that if it is legally possible, and I would need some sort of clarification from our legal
attorney. I lieu of returning funds that have already been spent and projects that have already
been completed, and from what I understand completed well, I would look to some sort of
disbarment of doing business with the city, not currently because it’s not supposed to be done in
the first place but perhaps 24 months after his term is up. So therefore we put a little teeth into
this and if that’s acceptable to this Commission a censure formerly and a disbarment of doing
business with the City of Augusta for two years after his term expires on this Commission.
Mr. Mayor: Mr. MacKenzie, is that?
Mr. MacKenzie: My response to that would be there aren’t any current provisions that
would have that additional requirement of the disbarment for the two year period. The
Commissioners could voluntarily agree to do that if they wanted to. I would also say that could
be an amendment that we could consider for future cases but it wouldn’t be appropriate to do that
since the actions that are being brought up today have happened in the past. It wouldn’t change
the process in midstream with respect to that. That is something that could be looked for to add
into the code in the future if that’s the will of this body.
Mr. Mayor: Commissioner Guilfoyle.
Mr. Guilfoyle: Mr. Mayor, thank you. I’m not objecting to what Mr. Mason had made a
motion for. As a matter of fact I’ll be for it. We’ve only as far as my company done maybe two
jobs ever since I’ve been in business over twenty something years. I ain’t got a problem. You
could do it for five years for all I care.
Mr. Mayor: Well, from what Mr. MacKenzie said to adjust the policy midstream we
could look to adjusting going forward but you would willingly agree on the record to a 24-month
period after leaving office.
Mr. Guilfoyle: I don’t have a problem one bit, Mr. Mayor.
Mr. Mayor: Commissioner Mason, does that get you where you’re going?
Mr. Mason: Yes, sir.
Mr. Lockett: I’ll second the motion, Mr. Mayor.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioner
Johnson.
Mr. Johnson: Thank you. I was going to second that motion, Commissioner Mason, but
you made a good point, Commissioner Mason. I actually talked to the attorney about that this
morning as well looking at that same option. But of course that would have had to come from
the Commissioners itself because we don’t have a policy in place now that would enforce that so
I do second that, well, it’s been seconded already but I do support that motion.
40
Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioner
Smith then Commissioner Williams.
Mr. Smith: Thank you, I think Commissioner Williams was first.
Mr. Williams: That’s all right. Go ahead.
Mr. Smith: I just, I have a question. We’re voting on to censure Mr. Guilfoyle. Is that
correct? And then we’re going to have a second part which says you can’t do business with the
city for two years.
Mr. Mayor: No, we will look to having the Attorney bring forward a policy that reflects
that so we can do that in the future. And Commissioner Guilfoyle has agreed on the record
which is what got Commissioner Mason to where he is not to bid on any jobs for two years after
leaving office.
Mr. Smith: I just wanted to make sure what we’re voting on that we were not voting on a
two part motion that the motion is strictly to censure our colleague Commissioner Guilfoyle.
Mr. Mayor: Correct. Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I can’t support, I cannot support either one. First
of all we have no jurisdiction after Mr. Guilfoyle leaves office to say what he does or not do. We
can’t bind him after he leaves. That’s like a Commissioner being elected and we can’t bind our
own oncoming Commissioners. I’ve got a problem with us not setting a standard saying this is
what it is and this is what it’s not. We keep taking about a censure. You’re talking about
censuring someone for a state and maybe a federal, a state and maybe a federal law. Now if ya’ll
going to put anything on the table you need to put everything on the table. We’re talking about
Fort Gordon, we’re talking about the airport those are federal dollars we’re dealing with. Now
we could’ve got by this by just getting someone to come in here and do what they need to do and
investigate and tell us hey, ya’ll ain’t got nothing or ya’ll got something. But now when you’re
going to go to the brass tacks and look at what money we spent we’re we’ll spend it and what we
did we allowed it and we say we’re going to censure? If we’re going to censure someone for
asking for a hard drive you think that’s equal to the same thing as somebody’s who’s elected and
doing business in the same county he’s elected in? Anybody think that’s the same thing? I’m in
the wrong world. I ain’t in the wrong room. I mean if you think that you can say well you
request something and get censured or you can spend, I’m going to make some money. I’m
going to vote on some contracts. I’m going to get some friends to run to put a bid in. I’m going
set up and when I make that same amount of money then I want to be censured and say hey, just
don’t do that no more. This is not right now. We need to do what is right and fair. And this
ain’t about friends it’s about doing what you’re supposed to do.
Mr. Mason: Mr. Mayor, can I respond?
Mr. Williams: Please.
41
Mr. Mayor: Mr. Mason.
Mr. Mason: Let me be very clear. Within the jurisdiction as I read it that we have I don’t
have authority, period and nobody up here does has any authority whatsoever to deal with a state
issue.
Mr. Lockett: That’s right.
Mr. Mason: Now I just don’t have that authority so I’ve got to make a decision whether
anybody likes it or not based on the information that I have and the jurisdiction that I have. The
law is clear in the code what jurisdiction we have in order to make a decision. And I’m trying to
go to that level as much as I possibly can. And even with the help of the colleagues trying to add
a little bit more but I can’t go to a state level issue. I don’t have that authority. Furthermore I
can’t go to a federal issue. I can’t up here on this Commission. I can’t do it. I don’t have any
jurisdiction in the federal authority not as I sit here as a Commissioner. I have zero jurisdiction
as a state authority. There are others who do but I don’t have it. So the point and the reason why
I did what I did is because at some point we’ve got to move on in this city, period. Now that
doesn’t mean I am not trying to shove nothing under the table, period. But I’m trying to do what
I have the jurisdiction to do. That’s it. What happens as a result of that it doesn’t take me to do
it any citizen or whomever can file a complaint state or federal or whatever the case may be but
it’s not in here. So we can’t get passionate about this and passion is good Mr. Mayor but at the
same I just want to deal with the facts of the matter and the fact of the matter is I do not have any
jurisdiction over a state oath of office that was taken or state ethics being violated or federal
ethics being violated. I only have jurisdiction over Augusta Richmond County Code being
violated. That’s clear in the Code of Ethics. Thank you.
Mr. Johnson: Call for the question.
Mr. Mayor: Okay, the question’s been called for. Okay. The question’s been called for.
Commissioner Lockett, the question has been called for.
Mr. Lockett: But I had my hand up before the question was called for.
Mr. Mayor: I’m sorry I did not ---
Mr. Lockett: I’ve got a very large hand ---
Mr. Mayor: I’m sorry, I didn’t see you. I turned down this way.
Mr. Lockett: You can see me now right?
Mr. Mayor: But the question had already been called for.
Mr. Lockett: But I had my hand up, Mr. Mayor, and it’ll only take a couple of seconds.
42
Mr. Mayor: Okay, I’ll let you take a couple of seconds.
Mr. Lockett: I just wanted to say that I agree with my colleague Commissioner Mason
wholeheartedly. There could be state or there could be federal concerns later on but what we
have is exactly what Commissioner Mason said. Thank you, Mr. Chairman.
Mr. Mayor: Thank you, sir. Commissioners will now vote by the usual sign of voting.
Mr. Guilfoyle abstains.
Motion Passes 9-0-1.
Mr. Mayor: Thank you, ma’am. I’d now like to call on Commissioner Joe Jackson.
Mr. Jackson: Go ahead.
Mr. Mayor: What’s that?
Mr. Jackson: Go ahead. No, I don’t know what happened to my list. I now regret doing
work for the city. Of course my business has done work for the city before I was a
Commissioner and I guess I did it as a Commissioner. And I do not regret helping the Sheriff’s
office expedite a cover operation in that detained a hundred and some odd federal inmates that
didn’t cost the taxpayers anything so I accept whatever punishment and I apologize. And you
know I guess moving forward there’s still two protected key ways that I have that are within this
government that have been within this government before I was elected. So it’s going to cost the
taxpayers a little bit more money to get off of that propitiatory key way. So you know with that
being said I apologize and you know what else do I need to do? And I would encourage people
to read Luke 6, 36-38 so.
Mr. Mayor: Commissioner Davis.
Ms. Davis: No ---
Mr. Mayor: Commissioner Smith.
Mr. Smith: Yes, sir, I make a motion that we close the evidence portion and the
information portion against Mr. Jackson.
Ms. Davis: Second.
Mr. Mayor: Okay. Commissioner Johnson then I’m coming, I’ve got you Bill, I’m
coming back your way.
Mr. Johnson: Thank you, Mr. Mayor. In lieu of what Commissioner Jackson said here
today I think it’s still some issues that we need to get I guess clarification on. He did mention
that he still has some proprietary keys if you will with the Sheriff’s Department. We need to be
clear on what is it and I guess, Andrew, you need let us know or let him know what he can or
43
cannot do. How is that going to impact this situation here because we need to make sure that
that’s clear. He’s already mentioned that he do have those two keys and if that’s a cost that he
will continue to receive compensation for we need to know that because that’s I think what he’s
eluding here to. So we need to know exactly what and I guess Commissioner Jackson Mr.
Mayor I will if I could is that something you continue to receive compensation for?
Mr. Jackson: No, sir, I’ve done it for free ever since I was told not to do it anymore. So
it’s saving the taxpayers money and the key blanks are about $10.00 a piece so.
Mr. Johnson: Okay, I guess, Mr. MacKenzie, you can address that or?
Mr. MacKenzie: If I can Mayor from my understanding of the facts it sounds like he has
a proprietary key that would have to be converted over to a different vendors key which would
cost the city some money. If the question that’s being asked is whether or not this Commission
has a legal authority to offer some kind of exception to allow with Commission approval for him
to do certain limited amounts of work with respect to that key then that could be considered.
And there is a code provision that does allow for that if that’s what the question is. Otherwise I
think what he’s saying is he’s not going to do anything for the city in the future period
whatsoever. He just letting you know it’s going to cost you a little bit to get it keyed over to
somebody else.
Mr. Johnson: So if I can, Mr. Mayor, that’s an issue that we need to get resolved here
today. And I think you said it eloquently we need to make a decision whether or not that’s okay
for him to do that. So I would just put that on my colleagues here to look at that because we
need to make a decision on that issue.
Mr. Mayor: Commissioner Locket then Commissioner Mason.
Mr. Lockett: Thank you, Mr. Chairman. First of all Commissioner Jackson I do accept
your apology. And I was going to add that the Commission does have the authority in special
instances and so forth to authorize the Commission to do this kind of work but I would not
recommend that. And I would like to ask you the same question that I asked Commissioner
Guilfoyle. The businesses that you’ve done business with the government since you’ve been an
elected official do we know all of them. And after this meeting tonight will there be any other
businesses that you are doing business with as part of this government?
Mr. Jackson: Not to my knowledge.
Mr. Lockett: Not to your knowledge?
Mr. Jackson: No.
Mr. Lockett: I like the no answer better. Thank you, Commissioner Jackson.
Mr. Mayor: Commissioner Mason.
44
Mr. Mason: Thank you, Mr. Mayor. And to Commissioner Johnson I’m going to get it
off my mind right now. There’s no way. There’s just no way that I want to have any type of
appearance or perception of improprieties period. The best way to deal with this is for that key
to be turned over to another vendor who can have proprietary rights or whatever the case may be
and let’s clear this thing once and for all. See when we start making exceptions to our codes is
when we start getting in trouble. So let’s just do the right thing where we’re on the right side of
right and $10.00, I’ll give it to you if you need me to. But the point is, is that that’s just not
something that we need to have sticking out there in respect to Commissioner Jackson. He don’t
need the aggravation. He don’t need the issue, his family don’t need the issue. And most
importantly these citizens of Augusta Richmond County don’t need that as an issue of moving
forward either. So I’m not in favor in any way shape or form of making any type of exceptions
to the rules. They are what they are and I would prefer that they remain that way. And I don’t
think it’s a really difficult task for Commissioner Jackson to you know give the or have
somebody else do the proprietary type of work there as far as the keys are concerned.
Mr. Mayor: And, Commissioner Jackson, would you be willing to go on record with the
willingness to initiate that process?
Mr. Jackson: No, sir, because I paid for that key blank. That key way is proprietary to
me only in the Northern United States and its $2,700.00 dollars to buy into that key way. And
no, sir, I’m not going to relinquish that right as I have with my business.
Mr. Mason: Well, here’s another ---
Mr. Mayor: Commissioner Smith.
Mr. Smith: Yes, sir, can we deal with this issue of the censure or non censure or
reprimand and then come back at the end of this and deal with that? Because I think they’re two
different issues.
Mr. Mason: With all due respect ---
Mr. Lockett: It’s not going to make a difference.
Mr. Mason: --- I don’t know who you’re calling on, Mr. Mayor, but.
Mr. Mayor: I’m trying to figure out what can, Mr. MacKenzie, do you have any
recommendations in this situation?
Mr. MacKenzie: Just one point if I may to make sure we’re all considering the same
facts. And this would be a question for Commissioner Jackson really is, what would it require to
get it rekeyed with another proprietary interest. Would it just be another vendor going putting in
their own?
Mr. Jackson: It would be another vendor with my sidebar back because they’re serial
numbered.
45
Mr. MacKenzie: So you’re just asking for the return of your proprietary information.
And you’re saying the city just has to hire another locksmith with their proprietary rights and
their sleeve in. He’s just asking for the return of his sleeve.
Mr. Mayor: Okay, so we’re fine with that. So the city initiates that process.
Mr. MacKenzie: Yes, it would be to rekey it and to return the sleeves back to him.
Mr. Mayor: Okay, does that get us where we need to go? Okay. Okay, we have and,
Madam Clerk, if you could read back the motion? Commissioner Fennoy, I’m sorry.
Mr. Fennoy: I’d like to ask Commissioner Jackson the same question I asked
Commissioner Guilfoyle whether any of the projects you worked on did you vote on any of those
projects?
Mr. Jackson: No, I did not procure goods and services through a contract. I was merely
hired as a call in when I first bought this business fifteen years ago. There was two clients that I
have and I’ve got additional clients outside of this Commission that are on that proprietary key
way. Just different cuts. And, no, I have not engaged in or have voted on anything. I was
approached by one individual and that’s when I asked Fred for clarification and the Attorney and
they both said that is not an arm’s length transaction.
Mr. Mayor: Commissioner Smith, did you?
Mr. Grady Smith: Well, I’d just like to say I’ve been listening and my family’s done
business in this town for, since the 50’s. I think my father did the plumbing even on this
building. Sometimes you know being in business for yourself or it ends up being a family
business I’ve got 40, basically around 40 people that when you do the multiplication you end up
feeding about 150. They spend money in town and everything and we pay taxes through the
business and everything else. You know it just makes me wonder are sending the message out a
lot about youth and future leaders of this town you know don’t be in business because we don’t
want you helping run things like a business. I’ve never taken a dime from this county. I’ve low
bid when I bid because face it contractors will tell you right off the bat. If they don’t use the
lowest bid usually as a subcontractor it knocks them out of the bid process. Most of the calls that
we’ve done through the media showed me and talked to my office manager I’ve got you know
about twenty something trucks that run around all day. The thing is I don’t I can’t tell you how
great I am, I don’t know where all those trucks go all day. I know that we’ve done work with
this county over the years because when folks call and say we’ve got a 95 degree equipment
room I need to keep the equipment at 72 ---
Mr. Mayor: Mr. Mayor, if we could if we could keep this germane to the issue of Mr.
Jackson that would be most appropriate.
Mr. Mayor: Could we do Commissioner Jackson first and then come back to you,
Commissioner?
46
Mr. Smith: Well, maybe I started this back down the line and I’m the one that initially
asked why don’t we do like the state asked I asked that. You know it doesn’t matter to me. It’s
not worth it to me and it’s not worth this but I thought the first initial thing down here with these
bodies of people here is the taxpayer. Yeah, that’s it and if I put anybody in front of me and if
I’ve ever cheated anybody out of a dime I’ll pay them now.
Mr. Mayor: Okay, thank you Commissioner Smith and Madam ---
Mr. Smith: I’m apologizing because ignorance is no excuse in the eyes of the law. Let
me tell you everybody that but ---
Mr. D. Smith: Can we call for the question, Mr. Mayor?
Mr. Smith: Call for it.
Mr. Mayor: Okay the question’s been called for. And, Madam Clerk, if you could read
back the motion, please.
The Clerk: The motion you had was to close the evidence on Mr. Jackson.
Mr. Mayor: Commissioners will now vote by the usual sign of voting.
Mr. Jackson abstains.
Motion Passes 9-0-1.
Ms. Davis: Mr. Mayor?
Mr. Mayor: Yes, ma’am.
Ms. Davis: I’d like to make a motion we censure Commissioner Jackson for
violating the city’s Code of Ethics.
Mr. D. Smith: I second the motion.
Mr. Mayor: We have a motion and a second. Commissioner Mason.
Mr. Mason: I would wonder if Mr. Jackson would be willing as Mr. Guilfoyle was as a
part of the violations to put some teeth to it to was it the 24 months was it to voluntarily I guess it
is ---
Mr. Jackson: I’ll be happy to but I still do things for the Deputys for free. Thank you.
Mr. Mason: Thank you, Mr. Jackson.
47
Mr. Mayor: Okay, we have a motion that’s been properly seconded. If there’s no further
discussion Commissioners will now vote by the usual sign of voting.
Mr. Jackson abstains.
Motion Passes 9-0-1.
Mr. Mayor: Okay now, Mr. Smith. I’ll give you your chance or have you already made
your statement.
Mr. Smith: It’s fairly simple. Do what you’re going to do. I’m like this. I’m sorry I did
make a mistake but I do want to clarify one thing. I didn’t know Richmond County owned
property on Fort Gordon. And when I’m doing a project out there which the news said I’m
doing it for a contractor. Now if that contractor doesn’t pay me and I come out here and ask to
be paid I’m told no. Now we don’t have anything to do. Your business is with the contractor.
Now which is it? I’ve seen I’ve got the same thing up there at Daniel Field when they didn’t pay
those subs we used a contractor that you know went back out of town and took the money with
him. And you know me being in the subcontracting business I was able to help those ladies and
gentlemen out there on the airport authority get with the bond agent and get those subs paid. But
they received very little help from down at this end of the branch of getting their money. And all
I’m saying is I’m on the state board construction board chairman of the plumbing division. You
know there’s certain guidelines about doing business with the state. All I ask back the last six or
seven months ago was you know what can we do to make it where it’s fair? We’ve got
Procurement, Finance, Legal if somebody does something wrong and if we’ve got a thug up here
get rid of it. Find out I’m a thug or whatever get rid of me. I don’t care. Just do what’s right.
And we’re supposed to be men of integrity but you know it’s a shame when the left hand doesn’t
trust the right hand. And you know I’m president of my company but then I have other people
involved too. So you know whatever I decide I usually have to meet with them and discuss it.
But I find no shame in trying to save the taxpayer’s money. You can ask any department I’ve
ever done work for from anywhere in this committee we do work and they don’t have to beg us
to come back because something’s wrong. We’re not perfect but then there again we’re there
when they need us, when they call and then whatever the contract says we don’t nickel and dime
anybody. And you know I’m contracted to do the work through a contractor it’s nothing to do
with this county here. I’m down the food chain. That’s all that I’m saying is yes I made a
mistake but then I had several jobs going when I got in here. And that’s part of the contracting
business. These buildings take a year or so to do. And very little work that I’ve done if you look
down the line that I’ve done for the county. So you know I was just asking let’s check on the
situation and see what we can do to correct it. I didn’t mean to open no Pandora’s Box and that’s
one of things I regret. I don’t need the grief. Thank you.
Mr. Mayor: Commissioner Fennoy then Commissioner Smith then Commissioner
Lockett.
Mr. Fennoy: Yes, this question is for the Attorney.
Mr. MacKenzie: Yes, sir.
48
Mr. Fennoy: Does the contractors bear any responsibility for doing business with the
Commissioners?
Mr. MacKenzie: The Procurement Code is applicable to contracts and typical language
within the contracts requiring all of the contractors to comply with all federal, state and local
regulations. And to the extent that there was a contract entered into that was a violation of the
local regulation then that can be deemed a breach of the contract.
Mr. Fennoy: So that’s a yes?
Mr. MacKenzie: I would depend ---
Mr. Fennoy: I just want to know.
Mr. MacKenzie: --- it would depend on the facts and circumstances of each individual
case.
Mr. Fennoy: Okay, and can we as a Commissioner impose and consequences against the
contractor?
Mr. MacKenzie: If there was a legal breach determined based on the facts then there
could be consequences as a result of that or some kind of mitigation reached.
Mr. Mayor: Okay. Commissioner Smith then Commissioner Lockett you after that and
then Commissioner Mason.
Mr. D. Smith: I’ll yield to Mr. Lockett if he will then yield back to me because I think I
know what he’s going to do. I think I know what he’s going to ask.
Mr. Lockett: Mr. Smith, no one doubts the fact that you are an honorable man and
you’ve been in Augusta for the last century. However I question the fact you contacted the
General Counsel in order to have him revise the Procurement Policy. Being a former federal
investigator that tells me that you had some suspicion that what you were doing wasn’t right
because if what you were doing was right there wouldn’t have been a need to change it. Mr.
Smith you are a public servant. We serve the public and in a small town such as Augusta it’s
extremely difficult when the government can be one of your largest customers. But you and my
colleagues are going to have to make a decision. Do you want to be a Commissioner or do you
want to grow your business. You cannot serve both of them because obviously this is what you
all are trying to do and you see it has not worked out at all. And my question to you ---
Mr. Mayor: Go ahead.
Mr. Lockett: --- my question to you, Mr. Smith, Commissioner Smith, this has been
going on for several weeks now. Are you still doing business with the government?
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Mr. Smith: I’ve got jobs in progress, one job at Fort Gordon I found out that you all are
saying is ya’ll’s responsibility and I’m doing for a contractor at Fort Gordon. I’ve done work at
Fort Gordon since the ---
Mr. Lockett: But my question is this. How long is it going to take ---
Mr. Smith: --- I didn’t know Richmond County owned property out there. I didn’t know
that.
Mr. Lockett: How long is it going to take you to divorce yourself from those contracts
that’s causing the confrontation?
Mr. Smith: Well, like you say. It’s a contact and when it’s over I’ll be done.
Mr. Lockett: But my question was how long is it going to be?
Mr. Smith: I work for the contractor and you know to tell you the truth the longer it
draws out the more it hurts me. Ain’t anybody going to reimburse me if I get short changed.
Mr. Lockett: Well, that’s a decision that you’re going to have to make and you’re
probably going to have to come back before this Commission.
Mr. Smith: I’m right here, I’m not running anywhere and I’m not dodging anybody,
Commissioner Lockett. And let me say this you know when I’m down the food chain as far as
bidding the project and we have all the people in place to, all I did was seek what is the proper
channel I should have done? The state has a certain way on the board up there if you do work
for the state you abstain or you go in another room where you’re not present at the meeting if it
involves a project you own. I voted on a few projects but none that have to do with anything I’m
on.
Mr. Lockett: Mr. Mayor, if I may finish.
Mr. Mayor: Okay, go ahead, Commissioner.
Mr. Lockett: I don’t have very much more to say. Commissioner Smith, I’ve seen you
all over the news and all over the newspaper but let me tell you something. This is a very serious
charge, very serious. I mean a conflict of interest is serious. I mean nobody’s going to look at
your past history or whatever and get you off the hook with that. This is some serious stuff. And
lastly, Mr. MacKenzie ---
Mr. MacKenzie: Yes, sir.
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Mr. Lockett: --- the Association of County Commissioners of the State of Georgia 4
Edition dated 2011 says a Commissioner shall abstain from voting in the event of a conflict of
interest. The Commissioner shall state for the record the basis of the abstention and complete a
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statement of Potential Conflict of Interest form. We have not been doing that. We need to start
doing it immediately. Thank you, Mr. Chairman.
Mr. Mayor: Okay, thank you. Commissioner Smith.
Mr. D. Smith: Yes, sir, Mr. Chairman, I make a motion that we close the evidence
against Commissioner Smith.
Ms. Davis: Second.
Mr. Mayor: We have a motion and second. Mr. Mason.
Mr. Mason: Thank you, Mr. Mayor. I’m a little bit disappointed right now. This is not
exactly what I expected to hear. I’m very fond of Commissioner Smith and so it puts one in a
difficult position. I understand what he’s saying to a certain degree but it’s somewhat troubling
because again I just want to deal with the facts. The facts are clear and the law is clear.
Commissioners should not benefit directly and or indirectly. Indirectly is a subcontractor or a
sub, sub or a sub to the sub if you are sitting in this seat up here on this dais. That’s clear. Now
one may not like it one may not even agree with it but that’s the law. I’m having an issue with
the trivialization of the law. I’m trying to extend an olive branch here as much as I possibly can
but it’s becoming increasingly difficult. If in fact what I’m hearing is that Commissioner Smith
will continue on as he’s always done then there’s going to be a real problem making a decision
similar to what has already been made. And so I’m hoping that everyone takes this as serious as
it is because it is serious. And we don’t know what this would be like if it was different if it was
other folks, we just don’t know. But the fact of the matter is is that we’ve got to make a decision
and I need some help making that decision. And what I’ve heard has hurt not helped in this
decision making process. And so I know we’re going to close this portion but I’m going to find
it extremely difficult as much as of an infinity as I have for Mr. Smith right now with what he’s
said so far to move forward in a manner in which we’ve done with the others. And so, Mr.
Mayor, I would hope that ---
Mr. Smith: Mr. Mason, could I clarify something?
Mr. Mason: Yes, sir, let me yield.
Mr. Mayor: Okay.
Mr. Smith: I’m just like you, I’m about rules and everything. And I’m telling you
ignorance is no excuse in the eyes of the law. I made a mistake. Commissioner Lockett asked
me a direct question. I don’t tell lies, I don’t lie to him. As soon as the job gets over that I’m on
now as contract at Fort Gordon you know that’s the one I’m locked in on. We’ve also done work
at 9-1-1. You know they called my office I don’t know where all those trucks go that I have. I
didn’t know that that was a county run thing. I thought it was maybe run by the state or
whatever a private enterprise. The thing is is now that I know what which direction and
everything I’ve already told my people no more bids on anything else that has to do with
Richmond County on it. But there again I’ve just finished five schools here and everything and
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what I’m saying is how deep and everything. Before I agree on something I’ve got 44-45 people
that depend on me to keep them busy. And they’re taxpayer’s here in Richmond County and
neighbors and friends and relatives. And I’m not trying to condone anything I’ve done wrong.
I’ve said that, I’ve admitted that. He just asked me a direct question and for me to be truthful
and look him dead in the eye as soon as that job will get over and the sooner the better for me I
want to get it over with.
Mr. Mason: Let me finish, Mr. Mayor ---
Mr. Mayor: Commissioner Mason, go ahead.
Mr. Mason: --- if I could. Yes, sir, Mr. Smith, I hear what you’re saying and I don’t
envy your position. I really don’t but it’s my job as best as my ability is to uphold the law. The
fact of the matter is the situation you find yourself in is not a good situation. But the real fact is
that you never should have been in it from the beginning. And then as a result of that we
wouldn’t have those issues that you clearly have to deal with now. That’s the law, that’s not
Alvin Mason speaking that’s the law and that’s the only thing I want to deal with. So Mr.
General Counsel ---
Mr. MacKenzie: Yes, sir.
Mr. Mason: --- based on the law or the code it is clear is it not that not a single
Commissioner up here should be doing business as it relates to this city regardless whether we
own land on Fort Gordon or not we have a contract with them through this city and anyone who
subcontracts or sub, subcontracts or what have you that sits on this Commission are they not in
violation and should not be performing that work?
Mr. MacKenzie: Unless they have utilized the provision that allows for an exception
which would require advanced Commission approval then yes it would be a violation.
Mr. Mason: And we do know for a fact that that has not happened. Correct?
Mr. MacKenzie: I’m not aware of any facts that would indicate (inaudible).
Mr. Mason: And neither am I. So I need you to help me out here, Mr. Smith.
Mr. D. Smith: Which one?
Mr. Mason: The one that’s on the hot seat.
Mr. D. Smith: Let the record reflect that would be Mr. Grady Smith.
Mr. Mason: Yes.
Mr. Smith: Turn up the burner.
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Mr. Mason: Mr. Mayor, you can close this part if you want I don’t know what else to
say.
Ms. Davis: Can I call for the question Mr. Mayor?
Mr. Mayor: Okay, you can, but I did want to recognize Commissioner Fennoy first.
Donnie, did you want to speak too?
Mr. Smith: I don’t.
Mr. Mayor: Okay. Commissioner Fennoy.
Mr. Fennoy: One of the things that really concerns me is that we’re talking about the
Commissioners and the impact what we do have on the Commission and how we’re looked at.
Not only in Richmond County but throughout the state of Georgia. But I think one of the things
that’s been hadn’t been brought to anybody’s attention is that we have contractors out there that
are struggling to make a living just like our Commissioners are struggling to make a living. And
even though, even though I honestly believe that the Commissioners up here at the time they had
felt that they were doing what they felt was in the best interest of the city we have contractors out
there saying that the reason I can’t get no jobs is because the Commissioners get all the jobs.
And even though that may not be true that’s the perception. And somehow we have got to
change that perception. When a contractor bids on a job that contractor should not feel that he is
competing against not only an elected official but people that work for the city for that job. And
my question to the Attorney is that especially as it, grade is concerned what’s a Commissioner
starts a project as a subcontractor is he obligated to fulfill this contract? I mean I can see you’re
in the middle of a project and that won’t, I mean I don’t know what the project is but I can see
how in the middle of the stream we all of a sudden bidding it out to get another contractor. I
don’t know what kind of problems that would present for Fort Gordon or the impact of holding
that project up getting another subcontractor in would have on the project.
Mr. MacKenzie: Sure. The way I’ll answer that is a lot of the legal rights of all of the
relevant parties would be governed by any relevant contracts that they have with each other. The
city has a contract with the prime vendor. That’s the one we would use if we needed to make
any changes with respect to that contract. Now whether or not there would be any legal recourse
with respect to the parties if there was some other language in a contract between the prime
contractor and the subcontract and then between the subcontractor and the sub, subcontract you
have to look at the legal rights of those contracts to see what those disputes would be. But I will
say this if it’s the will of this body to allow a limited exception for there to be a continuance of a
project then there some provision within the code that would allow that kind of exception.
Otherwise we’d be looking at what other legal recourse could be taken to nullify any contracts
that could be in violation of our ordinance. And that’s something if we needed to look at that
we’d probably need to talk about that in Legal because it could be pending and potential
litigation.
Mr. Mayor: Commissioner Smith I know, didn’t you have one more?
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Mr. Smith: Go ahead and let Mr. Lockett (inaudible).
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: I just (unintelligible) something for the General Counsel for clarification.
Mr. MacKenzie: Yes, sir.
Mr. Lockett: I thought that the policy said that this had to be done in advance if you
wanted an exception to policy. In advance, not after something has already begun. Am I correct
or am I in error?
Mr. MacKenzie: It would be certainly the right way to do would be in advance ---
Mr. Lockett: I just, that’s all I wanted is the right way. I don’t want the wrong way, give
me the right way.
Mr. MacKenzie: The language in the code allows for exceptions. And it doesn’t clarify
whether or not those would be required to be in advance.
Mr. Lockett: Well, you just said it a few minutes ago yourself.
Mr. MacKenzie: The relevant section is 1-1-23 (b) 1(d). These rules shall not be
applicable to such further exceptions that may be made on a case by case basis upon application
to the Augusta Richmond County Commission. In my reading of that, my interpretation that
would mean it would not preclude the Commission from making a case by case exception even
after there was a contract that had already been initiated. For example if a Commissioner was in
the middle of a contract and then became a Commissioner that would be an example where they
would be right in the middle of a contract.
Mr. Lockett: No disrespect, Mr. General Counsel, but I have a problem with some of
your interpretations. I think it was really expressed well by Mr. William Perry of Common
Cause on your decision to revise or temporarily revise a Procurement policy. So your
interpretation, I’ve been listening to your interpretation for the past three years and you and I
have gone to war a bit. And I can see now based on what has been said recently and what you
said to the media about you trying to tell us something to pass the Commission rather than saying
I’m the General Counsel and what I’m going to submit to the Commission is going to be factual,
correct and in full compliance with the law. You said I’m going to try and tell us something and
you should read between the lines and let’s hope they’ll pass it. But that didn’t work out. Thank
you, Mr. Chairman.
Mr. Mayor: Okay, the question has been called for.
Mr. Mason: Mr. Mayor?
Mr. Mayor: Commissioner Mason, I’ll suspend the rules one more time.
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Mr. Mason: Thank you. I do appreciate that. It was mentioned by Commissioner
Fennoy’s as far as what the issue is is with you know the prime contractor and this and that and
all of that stuff and how it relates to Mr. Smith, the thing is is that we ought not to take on an
issue that’s not our issue to take on. The unfortunate part about this is is that based on what I’m
hearing today and I’m just speaking for me instead of moving to try to vote on this as far as some
sort of censure or something like that I don’t know that that’s going to pass here today. So you
might want to think of some other motion and some time to address some of the issues that we
brought up to Mr. Smith in all fairness because I want to be fair to Mr. Smith. I understand he’s
in a tight situation. Now there’s circumstances that caused that tight situation but I understand
he’s in a tight situation. I want to give him every opportunity to address those concerns that have
been brought up here because again as the Legal Counsel said somewhat directly that continuing
on with status quo is not an option. That’s just not an option. So I would say, Mr. Mayor, that
we’d be given an opportunity for Mr. Smith to right what he needs to right and then we come
back here if in fact he’s chosen to do that. And if he haven’t then maybe we’ll take another
direction. But if he’s chosen to do that then we would do something that perhaps would be
appropriate for where we are. But in no way shape or form would I be in favor of anything that
has been done here previously with that type of mentality continuing on and moving forward as
status quo. That won’t work. It won’t work for this Commissioner. I don’t know about
anybody else but it won’t work for me.
Mr. Mayor: Okay, and the question has been called for. I’m going to hear, suspend the
rules and hear from Commissioner Williams but let me just question with the Attorney. And this
might get to what you’re saying. Could it be appropriate to have a motion that would grant
Commissioner Smith 30 days to get into compliance with the ethics ordinance? Is that, I mean
I’m just trying to think of anything that can.
Mr. MacKenzie: That could be done, exception to that I just read into the record under 1-
1-23.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Mr. Mayor, I was just going to, there’s a motion already on the floor. Is
that right? And what’s that motion. Can I hear that, Nancy?
Mr. Mayor: That’s to close the evidence with regards to Mr. Smith.
Mr. Williams: I want to make a motion we close the evidence and go ahead and vote to
censure Mr. Smith like we did the other two. And the reason I’m saying that is we don’t have
the authority like Commissioner Mason aware of us earlier and there’s nothing we can do. If we
censure here we’ve done as much as we can do which is not a whole lot in my mind but I don’t
have the authority to do anything else.
Mr. Mayor: Substitute motion.
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Mr. Williams: A substitute motion to close and to go ahead and censure like we did the
other two Commissioners. And if somebody takes up on that then that’s something different.
Mr. D. Smith: I’ll second the motion.
Mr. Mayor: Okay, the question has been called for. We have a substitute motion on the
floor.
Mr. Mason: Mr. Mayor, like we asked the other two Commissioners which I don’t know
what Commissioner Smith’s answer’s going to be. We’ve asked them as to whether or not ---
Mr. Mayor: Mr. Mason.
Mr. Mason: --- they would voluntarily ---
Mr. Mayor: Mr. Mason, I didn’t recognize you.
Mr. Mason: Well, I wish you would.
Mr. Mayor: Commissioner Mason.
Mr. Mason: We asked them would they be willing to not have any business with the city
for the 24-month time frame. I would be interested to know what Mr. Smith’s response to that
would be at this point.
Mr. Mayor: Commissioner Smith.
Mr. Smith: I will, I said what I was going to do and I’m like this. I’m in a business and
I’m the president of a company, it’s a corporation. I will clean everything up I can to get in
compliance with what we’re supposed to do. Had I known all this was going to happen I’d have
never asked anybody anything. I don’t do that much with the county anyway but if the
taxpayer’s want to pay more, go ahead. And you can check with everybody that I ever worked
for they’ve gotten, they’re pretty satisfied for over 15, 20 years they’ve been calling. But
anyway I’m going to do what’s right and uh, ---
Mr. Mayor: So that’s a yes.
Mr. Smith: --- Mr. Mason, I’ve been down here with you for two years. You know that.
I’m going to start tomorrow I’m going to do what I can. I’ve been in the hospital and some of
the stuff we’ve been involved with goes through my estimators.
Mr. Mayor: Okay.
Mr. Smith: But I’ll get it straight just like you said give me the ---
Mr. Mayor: All righty, the question has been ---
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Mr. Smith: I can’t tell you what’s going to happen when I resign.
Mr. Mayor: --- the question has been called for multiple times. I’ve suspended the
answers, yes, Commissioner Mason. Commissioners will now vote by the substitute sign of
voting.
Mr. Lockett: What is that Madam Clerk, Mr. Chairman?
Mr. Mayor: To end, go ahead Madam Clerk.
The Clerk: To close the evidence ---
Mr. Smith: And censure Mr. Smith.
The Clerk: --- and censure Mr. Smith.
Mr. Lockett votes No.
Mr. Grady Smith abstains.
Motion Passes 8-1-1.
Mr. Mayor: With no further business to come before the body ---
Mr. D. Smith: Oh, Mr. ---
Mr. Mayor: Commissioner Smith.
Mr. D. Smith: Mr. Mayor, in this community tonight has been a trying tribulation for the
Commissioners that are involved and the Commissioners that had to vote and the people that had
to sit through this. And I would that before we leave that we have a moment of prayer that we
can go forward and do good things for this community. And I’ll lead the prayer if ya’ll will ---
Mr. Mayor: Mr. Russell?
Mr. Russell: Mr. Mayor, if I may some of you may not know that Abie Ladson’s mother
passed away earlier this week. And if you could include him as part of your prayer I would
greatly appreciate it.
Mr. Lockett: Point of personal privilege, Mr. Mayor.
Mr. Mayor: Yes, sir.
Mr. Lockett: I do believe in God. I go to church every Sunday and so forth. However
elected officials are not under no circumstances supposed to lead prayers at these types of
situations.
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Mr. Mayor: And we’ve gone on, I would ask is there anybody in the audience that might
just? Okay, please sir.
Mr. Fennoy: Before ---
Mr. Mayor: Okay. Commissioner Fennoy.
Mr. Fennoy: I would like to take this opportunity to thank everybody that came out last
Thursday and ate some fish. We were able to raise over $2,572.00 Thursday night. And I got a
couple more checks coming in and I expect the total to be a little over $3,000 dollars
(APPLAUSE) for the fish fry for the family of John Thompson. But I would just like to say
thank you for your support and the family appreciates your support. Thank you.
Mr. Mayor: Thank you, sir.
Mr. Speaker: Let us pray. Eternal God we thank you for your presence, thank you for
your grace your love and your mercy. God we thank you for the memory of the loved ones
who’ve gone on. We ask your blessings upon the bereaved families. God we ask you to keep us
in perfect peace (unintelligible). In Jesus name we pray. Amen.
Amen.
Mr. Mayor: We stand adjourned.
[MEETING ADJOURNED]
Nancy Morawski
Deputy Clerk of Commission
CERTIFICATION:
I, Lena Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of
the minutes of the Regular Meeting of The Augusta Richmond County Commission held on
March 5, 2013.
___________________________________
Clerk of Commission
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