HomeMy WebLinkAboutRegular Commission Meeting June 18, 2013
REGULAR MEETING COMMISSION CHAMBER
JUNE 18, 2013
Augusta Richmond County Commission convened at 5:00 p.m., June 18, 2013, the Hon.
Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Mason, G. Smith, Williams, Fennoy, Johnson,
Jackson, Davis and D. Smith, members of Augusta Richmond County Commission.
Mr. Mayor: I will go ahead and call the meeting to order and like to call on Reverend
Melvin Ivey, Pastor, Greater St. John Baptist Church for our invocation. Please stand.
The invocation was given by the Rev. Melvin Ivey, Pastor, Greater St. John Baptist
Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Thank you, Reverend. If you could come forward I’ve got a little something
for you. Thank you for that invocation. By these present be it known that Reverend Melvin
Ivey, Pastor, Greater St. John Baptist Church is Chaplain of the Day. For his spiritual and civic
guidance demonstrated throughout the community he serves as an example for all of the faith
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community. Given under my hand this 18 Day of June 2013. Deke Copenhaver, Mayor.
(APPLAUSE) Madam Clerk, on to the recognitions.
The Clerk:
RECOGNITION(S)
2013 Georgia Hall of Fame
A. Congratulations! Laura Coble’s induction into the Georgia Golf Hall of Fame.
(Requested by Commissioner Mary Davis)
Mr. Mayor: Ms. Davis.
Ms. Davis: Thank you so much. I don’t know you probably have seen her name in the
paper and on TV over the years but she’s been recognized for her golf accomplishments all over
the state of Georgia for many, many years. So I thought it was past due time for us to recognize
her as a city. So, Deke, do you want to read the Certificate of Recognition?
Mr. Mayor: And, Laura, thank you for being such a great representative to the city and
the golf world and in the athletic world in general. And you are a great representative and we
appreciate it. So with that Certificate of Recognition given to Laura Coble, inductee 2013
Georgia Golf Hall of Fame, Atlanta Athletic Club, Johns Creek Georgia. Whereas Laura Coble
won the 2005 and 2007 Georgia Women’s Amateur Titles and was a member of three USGA
State Team Championships 2005 through 2009 through 2011 and the only golfer in the country
to play on three winning state teams. And whereas Laura Coble earned 14 Georgia State Golf
Association Women’s Play of the Year Awards, won the Tommy Barnes Award as the state’s
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overall player of the year in 2000, 2005 and 2009 and dominated the Georgia Women’s Match
Play Championship with eight wins 1999 to 2010. And whereas Laura Coble in 2012 locked up
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her 4 consecutive GSGA Player of the Year Award by reaching the finals of the U.S. Women’s
Mid Amateur winning the Georgia’s Women’s Match Play Championship and the Georgia
Women’s Amateur Championship therefore the City of Augusta congratulates you for your
outstanding achievement and excellence in the game of golf and your induction into the 2013
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Georgia Golf Hall of Fame. Given under my hand this 18 Day of June 2013. Deke
Copenhaver, Mayor. (APPLAUSE)
Ms. Coble: Thank you so much, Mary and Mr. Mayor. I appreciate it, Deke. This is an
honor and I appreciate the Commission and the City recognizing myself and my family who are
well represented and some of our friends back in the room. And I carry your name and your
reputation with me where I play golf and represent you all. So I thank you so much for the
honor. And thank you, Mary. (APPLAUSE)
Mr. Mayor: Okay, Madam Clerk, and before we go to the consent agenda I believe we
had two deletions from the agenda. Is that correct?
The Clerk: Yes, sir, we do. We have a request for the deletions of item 34 and 35. This
request was from Mr. Hank Crane who is the attorney on behalf of his client, Mr. Timothy
Lowery.
Mr. Mayor: Can I get a motion to that effect?
Mr. Lockett: Move to approve.
Mr. Mayor: Do we have a second?
Mr. Guilfoyle: Second.
Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now
vote by the usual sign.
Motion Passes 10-0.
Mr. Mayor: Madam Clerk, on to the consent agenda.
The Clerk: Yes, sir. Our consent agenda consists of items 1-29. And for the benefit of
any objectors I’ll read the Planning petitions. And if there is anyone who has an objection, if you
would raise your hand to signify your objection.
Item 1: Is a request to withdraw without prejudice a petition for a Special Exception for
an expansion of the Jud C. Hickey Adult Day Care for Alzheimer’s Care. This is on property
located at 1902 and 1904 McDowell Street.
Item 2: Is a request to approve a petition for a Special Exception to establish a Family
Personal Care Home on property located at 2118 Sanders Road.
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Item 3: Is a request to approve a petition for a Special Exception to establish and Adult
Day Care on property located 930 Stevens Creek Road.
Item 4: Is a request to approve a petition for a change of zoning from Zone B-2 (General
Business) with conditions to Zone B-2 (General Business) on property located at 2205
Milledgeville Road.
Item 5: Is a request to approve a petition for change of zoning from Zone LI (Light
Industry) to Zone B-2 (General Business) on property located at 1271 Gordon Highway.
Item 6: Is a request to approve with conditions a request for a change of zoning from
Zone R-3B (Multiple-family Residential) to Zone P-1 (Professional) with a Special Exception
affecting property located at 2125 Bayvale Road.
The Clerk: Are there any objectors to any of these Planning petitions?
Mr. Russell: None noted, Madam Clerk.
The Clerk: Yes, sir, so our consent agenda is items 1-29.
Mr. Mayor: Okay, lady and gentlemen, do we have any additions to the consent agenda?
Yes sir, Commissioner Fennoy.
Mr. Fennoy: Item, okay no, I’m okay.
Mr. Mayor: Okay, does anybody have any additions to the consent agenda? Going once,
going twice. Commissioner Davis.
Ms. Davis: (inaudible).
Mr. Mayor: Okay, hearing no additions to the consent do we have any items to be pulled
for discussion?
Ms. Davis: Number ten, please.
Mr. Mayor: Commissioner Davis, number ten. Commissioner Guilfoyle.
Mr. Guilfoyle: Mr. Mayor, can I have item number 13 and number 21 pulled, please?
Mr. Mayor: Commissioner Williams.
Mr. Williams: Yes, sir, Mr. Mayor, thank you. I need some clarity on number four. And
then I’d like to pull item 10, 11 and 12, please, just to get some clarity on them.
Mr. Mayor: Agenda item four.
Mr. Williams: 4, 10, 11 and 12.
Mr. Mayor: Okay, so you want to pull all of those?
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Mr. Williams: Right, I think somebody already pulled ten ---
Mr. Mayor: Yes, sir.
Mr. Williams: --- so 11 and 12.
Mr. Mayor: I’ve got four ---
Mr. Williams: I need to get some clarity on number four as for what we’re doing and that
might be relatively easy going from Zone B-2 (General Business) with conditions and going
back to B-2 (General Business) I’d like to know what ---
Mr. Mayor: Is Mr. Patty available?
Mr. Patty: This is a, there’s a convenience store now at this intersection. It’s old
fashioned and they want to redo it. Before they do that they want to incorporate the lot that’s
behind it. It used to be a mobile home repo center I believe it was into it and that would require
B-2 Zoning. Everything in that area is B-2 so it’s really consistent to what’s around it.
Mr. Williams: Okay, I didn’t understand. Okay, George, that’s fine. I’ve got no
problem, Mr. Mayor, we can leave that on there.
Mr. Mayor: Okay. So four, okay.
Mr. Williams: Four, can be left on there and somebody got, I’ve got 11 and 12.
Somebody already pulled ten.
Mr. Mayor: Yes, sir. Okay, if there are no further items to be pulled if I could get a
motion to approve the consent agenda.
Mr. Lockett: Move to approve.
Mr. Johnson: Second.
CONSENT AGENDA
PLANNING
1. Z-13-14 – A request for concurrence with the Augusta Georgia Planning Commission to
withdraw without prejudice a petition by Jud C. Hickey Center for Alzheimer’s Care, on
behalf of Carl W. Purvis and Carol Lee Williams, requesting a Special Exception for an
expansion of the Jud C. Hickey Adult Day Care for Alzheimer’s Care per Section 26-1(e) of
the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing
approximately .34 acres and is known as 1902 and 1904 McDowell Street (Tax Map 045-3-
027-01-0 and 045-3-028-00-0) DISTRICT 1
2. Z-13-27 – A request for concurrence with the Augusta Georgia Planning Commission to
approve a petition by Sarah Ellison, on behalf of Mike Samadi, requesting a Special
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Exception to establish a Family Personal Care Home per Section 26-1 (H) of the
Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing .45
acres and is known as 2118 Sanders Road. (Tax Map 098-3-208-00-0) DISTRICT 2
3. Z-13-20 – A request for concurrence with the Augusta Georgia Planning Commission to
approve a petition by Nadine R. Pulling-Favors, on behalf of Robert Wilkie, requesting a
Special Exception to establish an Adult Day Care per Section 26-1(E) on property situate,
lying and being in the State of Georgia, and in the County of Richmond containing 1.17
acres and known as 930 Stevens Creek Road. (Tax Map 007-0-019-00-0 (DISTRICT 7
4. Z-13-31 – A request for concurrence with the Augusta Georgia Planning Commission to
approve a petition by Capers and Associates, on behalf of Horton American Properties,
requesting a change of zoning from Zone B-2 (General Business) with conditions to Zone
B-2 (General Business) affecting property containing approximately 5.8 acres and is known
as 2205 Milledgeville Road. (Tax Map 068-0-014-04-0) DISTRICT 4
5. Z-13-32 – A request for concurrence with the Augusta Georgia Planning Commission to
approve a petition by Toya Coleman, on behalf of Melvin Coleman, requesting a change of
zoning from Zone LI (Light Industry) to Zone B-2 (General business) affecting property
containing approximately 1.27 acres and known as 1271 Gordon Highway. (Tax Map 073-
0-018-00-0) DISTRICT 1
6. Z-13-33 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the following condition 1) and that a 20 foot vegetative buffer conforming
with the Augusta Georgia Tree Ordinance rear yard requirements be constructed and
maintained along the northeast property line of the subject property adjacent to the rear
property lines of the Bayvale Road residents; a petition by Ross Trulock, on behalf of the
Salvation Army, requesting a change of zoning from Zone R-3B (Multiple-family
Residential) to Zone P-1 (Professional) with a Special Exception affecting property
containing approximately 12.49 acres and is known as 2125 Bayvale Road. (Tax Map 055-
0-006-01-0) DISTRICT 5
PUBLIC SERVICES
7. Motion to approve RFP 13-118, Architectural and Engineering Services for Fleming
Tennis Center to Johnson Laschober & Associates in the amount of $47,500. (Approved by
Public Services Committee June 10, 2013)
8. Motion to approve RFP 13-119, Architectural and Engineering Services, for Valley Park
to Moreland Altobelli & Associates in the amount of $23,660. (Approved by Public Services
Committee June 10, 2013)
9. Motion to approve the Sec. 5311 Rural Transit grant amendment between the Georgia
Department of Transportation (GDOT) and Augusta, Georgia. (Approved by Public
Services Committee June 10, 2013)
PUBLIC SAFETY
14. Motion to approve Fiscal Year 2014 County Capacity Agreement between the Georgia
Department of Corrections and Augusta, Georgia relative to state inmates housed in RCCI
and to authorize the Mayor and Clerk of Commission to execute such documents as
necessary to consummate the agreement. (Approved by Public Safety Committee June 10,
2013)
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15. Motion to approve the replacement of obsolete technology equipment (desktops,
laptops, servers, scanners and printers, etc.) that has reached their end of life cycle and
purchase any required computer software upgrades. (Approved by Public Safety
Committee June 10, 2013)
16. Motion to approve a Statewide Electronic Secondary Metal Recycler Database
Agreement between Richmond County, the Richmond County Sherriff and Georgia
Sheriffs Association. (Approved by Public Safety Committee June 10, 2013)
17. Motion to approve asking Judge Slaby to move forward with a proposal to do the work
involved with the creation of a Traffic Violation Bureau. (Approved by Public Safety
Committee June 10, 2013)
18. Motion to approve ordinance to protect pets by prohibiting operators of motor vehicles
from leaving the vehicle with an unattended dog, cat or other animal inside under
circumstances that would endanger the animal’s health, safety, or welfare. (Approved by
Public Safety Committee June 10, 2013)
19. Motion to approve an ordinance to protect the children of Augusta, Georgia by
prohibiting operators and adult passengers of motor vehicles from leaving the vehicle with
unattended child inside. (Approved by Public Safety Committee June 10, 2013)
FINANCE
20. Motion to approve Water and Sewer Revenue Bonds Series 2013 bond resolution and
authorize the Mayor and Clerk to sign all necessary documents. (Approved by Finance
Committee June 10, 2013)
ENGINEERING SERVICES
22. Motion to approve the maintenance agreement with the Georgia Department of
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Transportation for the installation of a mural on the Wrightsboro Rd. Side of the 15
Street Rosa T. Beard Memorial Bridge. (Approved by Engineering Services Committee
June 10, 2013)
23. Motion to approve CPB #323-041110-296823603, Supplemental Agreement Number
Four, and Change Number Six with Hussey, Gay, Bell and DeYoung, Inc. in the amount of
$41,000.00 to survey, design and construct a 16 inch water main for the Marvin Griffin
Road Improvements Project, as requested by the Engineering Department (AED) & the
Utilities Department (AUD). Funds are available in the Augusta Utilities Project account.
(Approved by Engineering Services Committee June 10, 2013)
24. Motion to approve notification of the award of a contract with Quality Storm Water
Solutions for services associated with construction of the Fort Gordon New Water and
Sewage Connections under the Task Order Program for Infrastructure RFQ #11-130 in the
amount of $587,688.53, Bid Item #13-116. (Approved by Engineering Services Committee
June 10, 2013)
25. Motion to approve receiving an update from Attorney Jim Wall regarding the possible
contamination and delinquent taxes of the Southern Milling Company property located at
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1015 Twiggs Street at the Commission June 18 meeting. (Approved by Engineering
Services Committee June 10, 2013)
26. Motion to approve the deeds of dedication, maintenance agreements, and road
resolutions submitted by the Engineering and Augusta Utilities Departments for Willhaven
Subdivision, Phase III. (Approved by Engineering Services Committee June 10, 2013)
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PEITITIONS AND COMMUNICATIONS
27. Motion to approve the rescheduling of the July 2, 2013 regular meeting to Thursday,
June 27, 2013.
28. Motion to approve the minutes of the regular meeting of the Commission held June 4,
2013 and Special Called Meeting held June 10, 2013.
APPOINTMENTS
29. Motion to approve the appointment of Ms. Willene Colvin to the ARC Animal Control
Board representing District 9.
Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now
vote by the usual sign.
Motion Passes 10-0. [Items 1-9, 14-29]
Mr. Mayor: Okay, Madam Clerk, let’s go to the first pulled agenda item.
The Clerk:
PUBLIC SERVICES
10. Motion to direct the Administrator to provide the Commission with all documents of
the proposal for review and bring back at the next committee with a formal plan for
approval relative to the First Tee/Augusta Municipal Golf Course proposal. (Approved by
Public Services Committee June 10, 2013)
Mr. Mayor: Ms. Davis, I believe this was yours.
Ms. Davis: I just wanted to, thank you, Mr. Mayor, just a quick clarification. Is that for
next committee in July?
Mr. Russell: Yes, ma’am.
Ms. Davis: Okay, to bring back a proposal for us to discuss at committee.
Mr. Russell: Yes, ma’am.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I wanted the same answer to find out what was
done but I’ve got some heartburn I think with the wording. And it says bring back the, bring to
the Commission with all documents of the proposal. I thought we was going to review not just
something that has already been established that we can talk to. We met with Mr. Simon. In fact
I went to his office. We talked about what we would like to do with First Tee and how we’d like
to see it patterned out like the Augusta National to make it beautiful inside. But I don’t want to
assign something that I don’t know what’s in there yet Commissioner Davis. I mean before he
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brings those documents back I think there should be some conversation among the Commission
as to what we want and we agree to. And so I’ve got no problem bringing it back to that
committee but I don’t a document brought back that we need to agree on or not agree on because
he hadn’t had any input. So I’d like to have some input as to what’s going to happen, what’s
going to take place how we’d like to see it what, you know I understand his side. I heard his
side. I read some of the background but I’d like to know what this board wants to see happen
along with what he wants to see happen.
Mr. Mayor: Okay. Mr. Russell then Commissioner Guilfoyle.
Mr. Russell: Yeah, the way I understood that is we’re going to bring that back for you,
present you everything that he’s got, let you have discussion. If you need more time to look at it
that’s obviously up to the board, up to the Commission. But that was the plan just to get that all
on the table so you’ve got all that to look at and then move forward in any way that you want. I
never anticipated a vote that day in any way shape or form.
Mr. Williams: Mr. Mayor, if I can respond.
Mr. Mayor: Commissioner Williams.
Mr. Williams: I mean I’m just going with what the document says. It says bring back all
documents as if that we’re going to be able to agree that day on something or not. And we
hadn’t had any dialogue I don’t think up here that we would like to see you know though. Ms.
Davis, did you want to?
Ms. Davis: I’ll make a motion, substitute motion just to send this back for further
discussion to committee not specifically for a proposal but discussion for.
Mr. Williams: I second that.
Mr. Mayor: We have a motion that’s been properly seconded. Mr. Russell.
Mr. Russell: If I understand correctly you want me to bring back all the documents,
everything that would be in a proposal that you could look at to discuss before we make it a
formal proposal. Was that?
Mr. Mayor: Yes.
Mr. Williams: Right. We may have to go back to him, Mr. Mayor. We may have to go
back and say hey, this is what we ---
Mr. Mayor: Exactly.
Mr. Russell: Yeah, I’m looking at it.
Mr. Mayor: Commissioner Guilfoyle, did you?
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Mr. Guilfoyle: Yes, sir, I did. I ain’t using my penlight on you anymore. Mr.
Administrator, I know that you are corresponding with Mr. Simon at this time and we lost our
opportunity back in January with Virginia Beach. If Paul Simon’s program or what he comes to
bring before this Commission does not work, what do we have setup as our alternative?
Mr. Russell: At this point I think it would be appropriate to go back out again for a bid. I
mean it seems to me early in the discussion this is something that you’re willing to do that it
didn’t make any sense to rebid it because we were pretty far down a path. If you decide that this
is not what the will of the Commission is you go back, in my mind you go back to the alternative
of either operating it internally or bidding it out again to see if people would have an interest in
either management of the other. But to try and do it at the same time we thought about that and I
made the decision that that was probably counterproductive at the moment. I don’t know if
anybody would give you a good bid knowing that we were currently basically in negotiation with
the First Tee.
Mr. Guilfoyle: I understand that. We’ll take it one step at a time, Mr. Russell.
Mr. Russell: Thank you.
Mr. Mayor: We have a substitute motion that’s been properly seconded.
Mr. Johnson: Mr. Mayor?
Mr. Mayor: Yes, sir, Commissioner Johnson.
Mr. Johnson: One concern. Now committee, we will not have a committee next week,
correct? It won’t be until July right? Okay, just for clarity. Okay. Thank you.
Mr. Mayor: Okay and, Madam Clerk, just for the point of clarity could you read back the
substitute motion?
The Clerk: Yes, sir, to send this back to the next committee meeting in July with Mr.
Russell to bring back the documents for the review by the Commission.
Mr. Mayor: Okay.
Mr. Fennoy: Mr. Mayor.
Mr. Mayor: Commissioner Fennoy.
Mr. Fennoy: Is it possible that the Commissioners can get a copy of those documents so
that when we come to the committee meeting we’ll have prior knowledge of what was said
because you know during discussion.
Mr. Mayor: Mr. Russell.
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Mr. Russell: I’d almost rather give them to you at the committee and at that point they
become public if I give them to you prior to that. We’ve got 42 other people that would be doing
that and I don’t know if you want to deal with that or not. That’s your choice and in this case my
recommendation would be that you get them at that meeting. If you have questions for Paul, you
do that and then postpone any action until later if that’s what you want to do.
Mr. Fennoy: And I guess the only problem that I have with that a committee meeting we
have a stack of papers this thick and we’re to look at that at committee and make decisions and
choices as to how we should proceed.
Mr. Russell: And in this case I think it’s, what I understand it’s the will to receive it at
that particular point in time and then discuss it there or later. So I mean that’s, that’s what I’m
hearing at the moment unless I’m hearing something different.
Mr. Mayor: Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. No, I believe we’re hearing the same thing. Let’s
be very clear. We don’t, there’s no pressure for anyone to make a decision on that day about
anything. What we do need to do is continue to do our due diligence and making sure that we’re,
that we’re making the right decision for this community. I can tell you right now I don’t know
that that’s the decision I can make on that day and I’m coming with the idea that I’m going to
make it that day. But I’m going to put in all the effort that I can to ensure that I make a good
decision regards to how long it takes. But no one should feel like they’re held hostage to make a
decision that day with the documents that are brought forward. And so I just want to add that for
the record, Mr. Mayor.
Mr. Mayor: And I agree. And I think Commissioner Williams stated it well. And I think
everybody’s of the same opinion. We need ample time to discuss and after discussion when
they’re presented that day to review as well after we’ve flushed it out.
Mr. Williams: Mr. Mayor, I think we’re getting our package you know but prior to
committee meeting anyway it will give us a day or so hopefully Mr. Russell before that
particular day, you know, we’ll have them and then bring them out.
Mr. Mayor: Exactly. We have a substitute motion that’s been properly seconded.
Commissioners will now vote by the substitute sign of voting.
Mr. Guilfoyle: Madam Clerk, would you tell me what that substitute motion is?
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The Clerk: It was to send this item back to the committee in July, on July the 8 and to
have Mr. Russell give you the documents so that you can review them at that time.
Mr. Guilfoyle: Thank you, Madam Clerk.
Motion Passes 10-0.
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Mr. Mayor: Madam Clerk, on to the next pulled agenda item, please, ma’am.
The Clerk:
PUBLIC SERVICES
11. Motion to approve the Selection of Augusta Lawn and Turf, Inc. to provide Augusta
Regional Airport with ground and landscaping services and approve the attached contract
as approved by the Augusta Aviation Commission at their May 30, 2013 meeting.
(Approved by Public Services Committee June 10, 2013)
Mr. Mayor: Commissioner Williams, I believe this was yours.
Mr. Williams:
Mr. Mayor I’ve got my answer for that. I had a question about the EF
And I’ve got some clarity on that so I’m
number that was in the back of the package there.
good with that.
Mr. Mayor: Okay, we have a motion to approve. Is there a second?
Mr. Johnson: Second.
Mr. Mayor: Is there any further discussion? Hearing none Commissioners will now vote
by the usual sign of voting.
Motion Passes 10-0.
Mr. Mayor: Madam Clerk, next pulled agenda item please.
The Clerk:
PUBLIC SERVICES
12. Motion to authorize Turner Construction Company to award Bid Package #6, in the
amount of $2,021,703 which provides the Demolition and Abatement for the Augusta
Georgia Municipal Building Renovation and Modernization. (Approved by Public Services
Committee June 10, 2013)
Mr. Mayor: Commissioner Williams, I believe this was you.
Mr. Williams: Yes, sir, Mr. Mayor, I wanted to get some clarity on the amount of
participation that we have in the local participation. Plus it says all work associated with the
Demolition and Abatement that’s going to be done through them. I guess my first question is
this going through the landfill and is this going I guess who has this?
Mr. Mayor: Do we have somebody to speak to? Is there a representative of Turner here?
Mr. Russell: Help me with the question again?
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Mr. Mayor: Mr. Russell?
Mr. Williams: The question was where’s the firm, somebody from the firm around Mr.
Administrator? You work for the city over here and you don’t, I don’t think you can answer this
question for him.
Mr. Russell: I’m not even sure what we’re asking.
Mr. Williams: I was trying to find out about is it all work related that associated with this
with the Demolition and Abatement. My question was, are going through the landfill with this?
Will the landfill get paid through this, these dollars here?
Mr. Russell: Yes, sir. Obviously as you go through the abatement process there’s certain
material you can send to certain places. So the answer is we have appropriately disposed of if
it’s a landfill ---
Mr. Williams: I understand about appropriate ---
Mr. Russell: Okay.
Mr. Williams: --- but I’m saying there’s been several issues about contracts going
through and not going through the landfill. We had the demolition of materials and stuff that
was carried elsewhere.
Mr. Russell: To a different landfill than ours?
Mr. Williams: They didn’t go through our landfill that we didn’t receive any monies off
of it. With this much money $2 million plus going I thought the vendor would be here.
Somebody would be here to address that.
Mr. Russell: If you’d like to put this off I can find the answer to that.
Mr. Mayor: Okay. Are you willing to hang on for a second? And Commissioner
Lockett then Commissioner Smith.
Mr. Lockett: Thank you, Mr. Chairman. I don’t know, this is probably for the General
Counsel, Procurement or the Administrator. I know this should have a comment on now that’s
said MBE DBE participation not required for project but Turner’s corporation keeps statistics.
What is that?
Mr. Mayor: Yes, sir. Mr. MacKenzie.
Mr. MacKenzie: It’s my understanding that would refer to the current program that we
have in place now the Race and Gender Neutral Program but there are some requirements to that.
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We track the participation levels for future disparity studies which is what the information
collection part of it would be.
Mr. Lockett: Okay, Mr. Mayor, I have one another question I’d like to direct to the
General Counsel. It’s my understanding that even though DBE has been enjoined for seems like
a half a century when we in preliminary stages of preparing to negotiate a contract that even
though that enjoinment exists we can still indicate our expectations as far as minority
involvement with the contract. Am I correct or am I wrong with that assessment?
Mr. MacKenzie: As long as it’s within the confines of the injunction there’s a policy that
the government does not discriminate against minorities and women owned business and that
statement can certainly be made.
Mr. Lockett: But my last, I want to follow up on that because I don’t think either I made
my question is clear or that I understood your response. Are we able to tell a potential vendor
that we realize you want this contract however we expect a certain percentage of minority
participation. Because we had the same thing in garbage and other things and it’s my
understanding that you indicated at the last legal session that we could but we didn’t have
anybody in place to do it.
Mr. MacKenzie: Let me clarify. The program we currently have in place is a Race and
Gender Neutral Program. The percentages with respect to that program can and should be
communicated to all vendors. It is not my advice there should be any communication relating to
any minority preference goals as that could implicate the court order.
Mr. Lockett: Well, then let’s skip the semantics but is there anything that we could’ve
done with this contract and other contracts to get the end result that I’m talking about?
Mr. MacKenzie: The only thing that would be proper for us to do at this time would be
to follow the requirements of the Local Small Business Program.
Mr. Mayor: Okay, Commissioner Smith and then Commissioner Williams.
Mr. G. Smith: I’ll just relinquish.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. And that was one of my questions where we
were because I think the Attorney shared with us that anything over $100,000 dollars had,
somebody needs to help me with the wording now. But I think the Attorney shared with us in
Legal that anything over $100,000 dollars the department or the department head could maybe
not specify, I want to use the wrong words. But said that could be inclusive of other local and
minority participation without bothering the injunction. So when I saw the $2 million plus and
then going being responsible for all work related who’s really sparked me to ask the question
about if all work related. I want to know, I mean nobody else is going to do the work in my
mind Mr. Mayor so I’m trying to figure out where we are with that. Are we going through the
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landfill or are they going to be a sole source but doing or is it there any other participation?
We’ve been up here talking about it, we talk about a Disparity Study, we talk about what we’re
not doing, talk about how we want to be fair we want to be open we want to be above board.
And I don’t see it today. And that’s why my questions are asked.
Mr. Mayor: Okay, thank you, sir. And I just would I was thinking the same thing as Mr.
Guilfoyle but we just and correct me if I’m wrong Mr. MacKenzie but when we start talking
about stuff that was talked about in Legal we might just sort of watch that. Commissioner
Guilfoyle.
Mr. Guilfoyle: Thank you. This is for counsel. Andrew, as far as the small business
participation, who actually deals with the department director, conceptual of the contract. Is that
Legal or who is that?
Mr. MacKenzie: The Augusta Georgia code addresses the Local Small Business
Program as well as the obligations of the departments as well as the director of the Minority and
Small Business function to meet and set those goals.
Mr. Guilfoyle: All right.
Mr. Mayor: Okay. Mr. Russell.
Mr. Russell: If I can, Mr. Mayor, the answer to Commissioner Williams’ question about
the landfill is that what the original contract will return will require them to use, the
subcontractor use our landfill.
Mr. Mayor: Thank you, Mr. Russell. Somebody want to make a motion either way on
this?
Mr. Mayor: Commissioner Davis.
Ms. Davis: I’d like to make a motion to move this to next week’s Commission meeting
and then we don’t have a committee meeting as long as a representative is here to speak on his
behalf.
Mr. Williams: I second that.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. Mr. Mayor Pro
Tem.
Mr. Johnson: And I was going to say I don’t really have an issue with it but I think for
the most part the questions been answered. I know they can probably come in and just kind of
elaborate a little bit more on it but I personally don’t have a problem moving forward on it.
Mr. Mayor: Okay.
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Mr. Johnson: So I’ll make a substitute motion to go ahead and approve it.
Mr. Mason: I’ll second the motion.
Mr. Mayor: Okay.
Mr. Williams: Mr. Mayor?
Mr. Mayor: I, point of personal privilege, Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. To our Mayor Pro Tem who says he thought
enough discussion or maybe he thought the answers been gotten. I had not gotten my answer
about the local participation. I did hear that we are going through the landfill which in a lot of
cases we don’t go through our landfill. We have people to demolition and do other stuff and take
the material somewhere else. But the material that goes through our landfill the money’s coming
back into this government. But I still haven’t gotten my answer about the participation. When
you talk about the trying to say anything over $100,000 dollars and this, the last time I recollect
$2 million was a lot over a hundred. So we really ought to be looking at this seriousness of what
we’re doing to include everybody in this process. So I’m ready for the vote.
Mr. Mayor: Thank you, Commissioner. Mr. Russell.
Mr. Russell: The award is for the local company Thompson Construction, or Thompson
Demolition.
Mr. Mayor: Okay. If there’s no further discussion we have a substitute motion that’s
been properly seconded. Madam Clerk, could you please read back that substitute motion for
clarity.
The Clerk: Yes, sir. The substitute motion was to approve the item.
Mr. Mayor: Commissioners will now vote by the substitute sign of voting.
Ms. Davis, Mr. Lockett and Mr. Williams voting No.
Motion Passes 7-3.
Mr. Mayor: Thank you, Madam Clerk. On to the next pulled agenda item, please.
The Clerk:
ADMINISTRATIVE SERVICES
13. Motion to approve rotating the scheduled meeting time for all committees at two month
intervals in accordance with the proposed schedule presented by Commissioner Davis.
(Approved by Administrative Services Committee June 10, 2013)
Mr. Mayor: And, Commissioner Guilfoyle, I believe this was you?
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Mr. Guilfoyle: Yes, sir. I know this was approved through Administrative Services but
I’d like for us to vote on this as individuals since I’m not part of the Administrative Service. I
make a motion to deny.
Mr. Jackson: Second.
Mr. Mayor: Okay, we have a motion that’s been properly seconded to deny. Is there any
further discussion?
Mr. Williams: I could be, Mr. Mayor, but I’m going to yield today, I’m going to wait to
see how the vote comes out because we can always put this back. And I mean I don’t understand
it. If I can have the two minutes, Mr. Mayor. First of all as long as we do this or the general
public would know when the meetings are being held I don’t see a problem with it. We keep
doing the same thing every week. People are complaining about how long it is and it takes time
to do this. So I got no problem with rotating it but I’ll go ahead and call for the question so we
can vote, Mr. Mayor. I’m sorry ---
Mr. Mayor: Okay. Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. I don’t have any problem with the motion
necessarily, that’s the right. But this has been an issue a very serious issue that we do need to
deal with and so just denying this particular motion does not get us to a point of dealing with the
issues that have been brought up. So I would hope we would be a little bit more considerate in
terms of how we’re going to deal with this issue not only for ourselves but for the public versus
just denying it and moving on as if there’s not an issue. So I don’t know maybe the maker of the
motion might want to amend or add something to it or maybe not but I would hope there would
be something we could talk about so that we can address this for our citizens and for this
Commission as well.
Mr. Mayor: Would you like to put that in the form of a substitute motion to approve?
Mr. Mason: Well, I don’t want to just throw out something just to be throwing it out
because it does not appear it’s going to pass but I do want to get to a point of some sort of
compromise that we can at least have some serious discussion so that we can put something on
the table that might pass. I’m not here just to dot the ‘I’s’ and cross the ‘T’s’ just because. I
want to be you know purposeful in what it is that we’re doing. I don’t want to waste anybody’s
time and I don’t want to waste my time. I would just hope that we can have some serious
discussion. If we’re not going to approve this today which it doesn’t appear that isn’t there
something else that we can do in terms of addressing this agenda item?
Mr. Mayor: Okay, Mr. Mayor Pro Tem and then Commissioner Fennoy.
Mr. Johnson: Thank you, Mr. Mayor. I think the bottom line of it is we just need to be
totally cognizant of how many items we put on the agenda and the particular items we put on the
agenda. What’s happening here and I’ve noticed it’s just been a trend since the beginning of this
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year that we have items so many discussion items on the agenda. Now don’t get me wrong that’s
the place to discuss these things but we need to be aware that when we get into placing so many
different things on the agenda to be discussed it creates more conversation. And with that it
takes time and I think we’re not being truly considerate of the people who are here waiting. So
what we probably need to do is be more aware of how many items we put on the agenda to
discuss and at least try to figure out a way to deal with those things in a manner that it would not
create so much conversation that we’re spending twenty minutes thirty minutes on one item. We
do know we have a lot of items that we have to deal with and I think it’s all about understanding
the priorities and the goals. And some things if not need be I think we can talk about these
things directly with whomever the issue may be with and probably get some resolution to it. But
that’s been the problem from my perspective that I see. Some things we don’t need to put on the
agenda. Some things we can actually talk to the director or whomever we have the issue with.
But I think that’s where we’re running into the overage of our time. We just having too much
discussion up here and it’s creating you know a lot of lapsed time because it’s just not really
getting the mission that we’re supposed to be to really deal with. So and it’s not to say anything
about anybody but I think as a unit we need to be more cognizant of that. Therefore we’ll be
more understanding of the people who are here you know waiting to get their item approved or
whatever. So I think we just need to take that into consideration as we move forward because I
think some of this stuff we can deal with directly with the individual or individuals to try to get
some resolve to it. That’s just my take on it. Thank you.
Mr. Mayor: Okay. Commissioner Fennoy and then Commissioner Smith and then
Commissioner Jackson. And I would also like to hear from Commissioner Davis who was the
person who brought this forward too. Commissioner Fennoy.
Mr. Fennoy: You know, I think in the interest of fairness we need to rotate the schedule.
What I’ve seen since I’ve been here and being on the Administrative Services whenever we have
committee meetings it’s only three or four Commissioners here and when we come back to the
Commission issues on the Administrative Services are being discussed in commission as
opposed to being discussed in the committee meetings. I think that a rotation of the committee’s
is only fair and it would allow and if the residents of the, that come here are given an opportunity
to know the schedule and see the schedule then I don’t see a problem with rotating the schedule.
Mr. Mayor: Okay. Commissioner Smith then Commissioner Jackson.
Mr. G. Smith: I’d like to agree with Commissioner Johnson to a point. But one point
and telling it like it is I guess is some comments are not necessary. And other comments that are
made about certain issues and in certain committees have more to discuss than others. I know
I’m on two committees and we normally have a limited amount of issues to discuss. So those
committees get by pretty fast. And all of sudden I’m not going to sit down here six hours and sit
here waiting on my turn. If I was on the Administrative Committee, you know, I might come
late or something but you know to come down here and sit and listen to some of the redundant
conversation that goes on about certain issues and I know people want to be well represented but
some if goes on and on and on and on and I’ve got a direct speed dial to Dominos Pizza. And
that’s what I’m going to next time.
17
Mr. Mayor: Thank you, sir. Commissioner Jackson then I’m just going to say we’ve got
a lot of the public sitting out here. And how much time are we spending discussing this issue.
Commissioner Jackson.
Mr. Jackson: Thank you, Mr. Mayor. I’d like to make a substitute motion to send
this back to all committees for discussion.
Ms. Davis: Second.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioner
Lockett then Commissioner Williams.
Mr. Lockett: Thank you, Mr. Chairman. You know it’s kind of ironic that people
wonder why this commission can’t get along on the big items as something as simple as rotating
the schedule we can’t come to an agreement with it. I put it on the agenda about three or four
times and each time it was sent back. One time it was disapproved and it was sent back to
committee sent back to committee. Then Commissioner Davis she picked it up now you want to
do something else with it. I mean it’s just real simple. And my colleague indicated well you can
just come late. I’m on Public Safety. That’s the first committee that meets and I’m on
Administrative Services which is the last. But I don’t have no problem, I stay during all the
committee meetings. I wish my colleagues would do that also. Stay with all of them then it
would be no problem. But over the years they’ve always changed the rotation. That’s the only
fair thing to do. Personally you can schedule it at midnight don’t make no difference. But for
fairness and if you don’t want fairness well then you shouldn’t be up here. Thank you, Mr.
Chairman.
Mr. Mayor: Commissioner Williams the Commissioner Guilfoyle. Did you want me to
recognize you?
Mr. Williams: Where is Sylvia Cooper? Oh, she’s behind the chair. You need to do an
article on what they duties are for Commissioners here so those people who run for office know
it takes work, it takes time it takes energy. You got to put in the time because you wanted to be a
servant. Those who don’t want to be a servant and come here and want to cut it short now I
agree with Commissioner Lockett. He is the last Commissioner we ought to rotate that. But
people act like they don’t know what this job entails. I wouldn’t apply for a job that I didn’t
know what they did and I didn’t know how the job operates. And I work that job one day and
didn’t like it I would leave. I would find me another job. So that job entails some of the
conversation. I hear the Commissioner talk about being limited about what you put on the
agenda. Well, you limit my constituency because they bring me the issues. I don’t come up with
these issues myself and I don’t think nobody else does. So how are you going to limit what you
put on the Commission when all your Commissioners got the same authority the same privilege
the same right to address you? And I’m going handle everyone I can. And anybody that don’t
want to handle let them resign off the board and let somebody who wants to do that do that.
Mr. Mayor: Okay, thank you. Commissioner Guilfoyle, did you?
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Mr. Guilfoyle: Thank you, Mr. Williams. But anyway wow, I heard the word ironic, I
heard the word schedule, but the whole thing in a nutshell is, is respecting each other up here on
this floor and actually being conscience and respect the citizens that comes here before us. Now
we talk about these different committees that we have but there’s time limits on each one of the
committees to be here. I had a, a couple weeks ago I had a couple residents to speak about this
trash issue. They actually waiting on the floor for two and a half hours. And we had the young
ladies last week with a beating of her brother and that was actually here over three hours. But,
you know, we do have to come to a conclusion. We have to compromise some way. And I
agree with like what the Mayor Pro Tem said is that we do have to come up with a schedule and
hold things accountable as far as the time limits because yeah, I’m not retired and I did take this
position and I give 100%, Mr. Williams.
Mr. Williams: Good.
Mr. Guilfoyle: When I leave here my job is not done because I’m usually on the phone
afterwards. But we still have another life beside this as well but I think the, Joe Jackson made a
motion. Call for the question.
Mr. Mayor: Okay, the question has been called for. And, Mr. MacKenzie, at this point
would it be appropriate to take a vote of the Commission to see if there is any more need for
discussion? Correct?
Mr. MacKenzie: Only if someone makes an objection to the call for the question.
Mr. Mayor: Do we have an objection to the call for the question?
Mr. Johnson: Yes, we do.
Mr. Mayor: Okay, Mr. Mayor Pro Tem.
Mr. Johnson: Thank you, Mr. Mayor. It’s not, again let me just clarify this. This is not
to say anybody can’t put anything on the agenda. And I’m just going to put that out there for the
record. You can do that but certain things can be handled outside of that. I had a ton of calls last
week and I made, I got a resolution to them by phone. I didn’t have to put it on the agenda to
deal with it. I made a phone call, got them to look into it and go my answers. You’ve got to
reach out to these people. That’s why they’re here, they’re your resources. Call them and use
them. If you can’t get an answer then you put it on the agenda and you bring it before the floor.
That’s all I saying. It’s not everything. It doesn’t have to be on the agenda to be discussed.
Okay? So it’s not to knock anybody’s right to do that. You can do anything you need to do
because you are elected by the people but some things don’t have to be put on the agenda just
because somebody called you about it. Now the people over at Avery Point, the water was
turned off last week. I made one phone call and we got it resolved. I didn’t have to put it on the
agenda. Certain things you just can call people and get it taken care of. You don’t have to put it
on the agenda to deal with it. That’s all I’m saying. Thank you, Mr. Mayor.
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Mr. Mayor: Okay, if there’s no further discussion we have a substitute motion that’s
been property seconded. For the point of clarity, Madam Clerk, could you read back the
substitute motion?
The Clerk: Yes, sir. The substitute motion was to send this item back to all committees
for discussion.
Mr. Mayor: Commissioners will now vote by the substitute sign of voting.
Mr. Fennoy, Mr. Lockett, Mr. D. Smith and Mr. Williams vote No.
Motion Passes 6-4.
Mr. Mayor: Madam Clerk, on to the next pulled agenda item, please.
The Clerk:
FINANCE
21. Motion to approve the designation of “McBean Enterprise Zone”. (Approved by
Finance Committee June 10, 2013)
Mr. Mayor: Commissioner Williams, I believe this was you.
Mr. Williams: No, sir.
Mr. Mayor: Commissioner Guilfoyle?
Mr. Guilfoyle: Thank you, Mr. Mayor. I was wondering if I could speak to Mr. George
Patty about this issue.
Mr. Mayor: Mr. Patty.
Mr. Guilfoyle: Mr. Patty, when I had spoken with you earlier I think it’d be in the best
interest of McBean and Super 10 District Commissioner needs to chime in on this one, is that it’s
going to be a direct impact for our community out there in District 8. I think it would be wise for
us to have a couple town hall meetings to inform the citizens out there since it’s going to be, it’s
actually a good thing to have. So I’m asking this commission if we could push this off for a little
while if it doesn’t interfere with Walter Sprouse what he’s got going on.
Mr. Patty: I did talk to Walter about this after we talked but he’s at some sort of a board
meeting and could not be here. He told me that is something that had been, (unintelligible) used
the word promise then discussed with Starbuck’s and it has a big impact on their bottom line.
And they’re going to be disappointed if we do that if we put it back. I really don’t have a dog in
this fight but that was just his opinion on it.
Mr. Guilfoyle: Well, you caught me off guard on that one.
20
Mr. Patty: I’m sorry but by the time I talked to him you were already in the Legal
meeting.
Mr. Guilfoyle: That’s no problem.
Mr. Patty: Let me just tell you maybe just a minute what this is. The area is basically
the, what would be ---
Mr. Mayor: Corporate Park?
Mr. Patty: --- Corporate Park and a strip of land along Highway 56 out there. When I
looked at it Corporate Park as a separate entity would no quality as an Opportunity Zone which
they really wanted to get to. But in order to be an Opportunity Zone it’s also got to be an
enterprise. And so they contracted with CSRA to do a study and they got the idea which makes
sense to make it a bigger area that would in fact qualify and it does and they’ve gone through all
that. If you approve it, it will allow any employer that creates two new positions, two or more
positions to get a, to get local tax relief. And anyone that wants to build a new home will get tax
relief on that home so there really isn’t any down side to it.
Mr. Guilfoyle: I understand that Mr. Patty. There’s seven pages of different parcels
that’s going to be affected by this. And actually it’s going to be a benefit for our community out
there not only bringing in new business, new jobs which is probably one of the most important
things we could have for our community here as well as bringing new industries close to
Starbuck’s. But I would still like even if we pass this today I would still like to have a little town
hall meeting out there just to explain it to the residents and probably ask some other questions
they might have.
Mr. Patty: I’d be happy to do that. I’m sure Walter would too.
Mr. Guilfoyle: All right.
Mr. Mayor: And correct me if I’m wrong, Mr. Patty, but it’s a $3,500 dollar state job tax
credit for two jobs or more created?
Mr. Patty: That’s for the Opportunity Zone ---
Mr. Mayor: Okay.
Mr. Patty: --- which is what Starbucks really wants. But in order to do that we’ve got to
do the Enterprise Zone which has an effect on the real estate tax. That’s an abatement of the real
estate tax.
Mr. Mayor: Okay.
Mr. Lockett: Motion to approve.
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Mr. Johnson: Second.
Mr. Mayor: We have a motion to approve and a second. Do we have any? Okay a
motion’s been and properly seconded. If there’s no further discussion Commissioners will now
vote by the usual sign.
Motion Passes 10-0.
Mr. Mayor: Thank you, Madam Clerk, now on to the regular agenda.
The Clerk:
PLANNING
Z-13-19 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the following conditions 1) that the petitioner must come into compliance
with site plan regulations, the Augusta Tree Ordinance, and the Stormwater Management
Ordinance or obtain variances from such regulation; 2) come in compliance with the Fire
Department Regulations; 3) the petitioner must obtain a valid business license but no
license shall be issued until all such compliance is in place and; 4) all residential use of the
property shall cease; a petition by Perry Smith, on behalf of Teresa D. Smith, requesting a
change of zoning from Zone R-1A (One-family Residential) to Zone P-1 (Professional)
affecting property containing .21 acres and known as 1428 Springview Drive. (Tax Map
041-4-037-00-0) DISTRICT 5
Mr. Jackson: Move to approve.
Mr. Johnson: Second.
Mr. Mayor: We have a motion to approve and a second, that’s been properly seconded.
Do we need to check for objectors on that? Okay we have a motion to approve that’s been
properly seconded. If there’s no further discussion Commissioners will now vote by the usual
sign of voting.
Mr. Lockett out.
Motion Passes 9-0.
Mr. Mayor: Madam Clerk, next agenda item, please.
The Clerk:
PLANNING
31. Z-13-22 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the following conditions 1) there shall be no new median cut on Alexander
Drive, the existing cut may be modified if necessary and approved by Traffic Engineering
Department; 2) a 100 foot natural buffer shall be maintained on the east property line, the
first 50 feet closest to National Hills Subdivision shall remain undisturbed; 3) no vehicle
22
access to Woodchip Drive or streets in National Hills West Subdivision except a gated
emergency access through National Hills West Subdivision; 4) units not to exceed 252; and
5) the height of the buildings may not exceed 3 stories above ground, basements are
excluded; a petition by Emory Equity LLC, on behalf of Cliff Channell, requesting a
change of zoning from Zone R-1A (One-family Residential) and Zone R-3A (Multiple-
family Residential) to Zone R-3B (Multiple-family Residential) on property containing
approximately 21.65 acres and known as 1034 Alexander Drive and 2000 Fleetwood Drive
(Tax Map 013-1-002-05-0 and 013-1-002-09-0) DISTRICT 7
Mr. Mayor: Commissioner Smith.
Mr. D. Smith: Thank you, Mr. Chairman. Is there anybody here from National Hills that
would like to speak on behalf of this?
Mr. Mayor: Okay, I will give a representative from National Hills five minutes. And if
you could state your name and address for the record please Ma’am.
Ms. Slendak: Yes, I will and I’m not going to take five minutes I don’t believe. My
name is Tina Slendak. I’m a secretary of National Hills Neighborhood Association. I’ve been a
resident on Brookwood Drive for 26 years and a member of the National Hills School Board for
23 years. Our neighborhood was damaged 10 years ago by another so called luxury apartment
project. To this day we continue to deal with drainage problems from that. That development
was approved by some still sitting on this zoning board by the city’s Engineering Department at
that time. Our neighborhood pool while filled and ready to open for the summer had mud
dumped into it during the project’s construction. The mud was ankle deep on the pool and in the
bathroom. That was repaired and cleaned up by pool members with no help from the developer
or from the city. We continue to have flooding in our parking lot due to the improperly placed
drains coming off of the apartments. The residents that live on the upper end of Brookwood
Drive had retaining walls some as tall or larger than their homes built right at the property line
with no tree buffer left. They literally look out their back doors to a tall mildewing brick wall
which miraculously has never fallen in. They also continue to have drainage problems. We
realize that the current proposed developer Mr. Lynn holds no responsibility for that damage but
it’s essential to mention to you so that you can understand why our neighborhood has no desire
to go through that again and why we have a mistrust of developers, zoning boards and city
engineers. The strip of land that was zoned R-1A the Fleetwood Drive address needed to stay
with that designation. The bottom part of that property is essential to the finalization of National
Hills West portion of the neighborhood and not essential to the apartment development except to
acquire the density the developer wants. It was originally designated for single family homes
and not more apartments. Keeping that designation would have ensured us a nice wooded buffer
from further multi-family development. And in the event that homes are eventually built there
the current residents would not mind having a back door neighbor instead of shade from a three
story building. The National Hills Neighborhood Association went on record as opposing this
rd
rezoning and requested that area remain R-1A. However on June 3 the Planning and Zoning
Committee chose not to listen to our neighborhood and voted with an out of town developer to
allow the rezoning of the property for the construction of Mr. Lynn’s complex. We’ve been told
several times by Mr. Patty that this property is going to be developed sooner or later. We might
23
as well go with this. While we’re not happy with yet another apartment complex at our back
door we do appreciate stipulations being added to the rezoning to try to protect the
neighborhood. However the developer Mr. Lynn is already changing his mind on what we were
told concerning that 100 foot buffer on the R-1A property. At a meeting with our neighborhood
st
association on May 21 with Mr. Lynn, Mr. Patty, Commissioner Smith, Abie Ladson and Sonny
Pittman questions were asked by our residents about the 100 foot buffer that the developer was
agreeing to leave between the Brookwood Drive homes and the new development. Before that
meeting was even over the developer said he would need 20 feet of the 100 for construction but
would make sure it was repaired. Now he is saying that this comment was just, and I quote, an
impromptu estimation and he now will require 50 feet of the 100 feet for construction. We feel
it’s early enough and the design of this project to be able to accommodate our request. There’s
also no mention in the recommendation of reforesting the damaged area. To tear out 20-50 feet
of tall mature trees and then replant with grass of shrubs is not acceptable. We have a study from
Land Design Inc. in Washington D.C that agrees with our opinion that the developer must
mitigate the effects of this damage by replanting new evergreens in the denuded area and at a
rate this is adequate to insure the screening between the apartments and the current homes. The
National Hills Neighborhood Association would like Item 2 to be amended too. A 100 foot
natural buffer should be maintained on the east property line. The first 80 feet closest to Nation
Hills Subdivision shall remain undisturbed. After construction the damaged area shall be
reforested at a rate that is adequate to insure screening between the new development and current
homes. Any fencing around the property shall be complimentary to both the development and
the neighborhood. Thank you for your consideration.
Mr. Mayor: Okay, thank you, ma’am. And Commissioner Smith?
Mr. D. Smith: Yes, ma’am and I remember those comments at that meeting. Is it your
opinion, is it your recommendation that if we change this, if I make a motion to reflect what you
just said that you then give, you be in, you’d give this project your blessing?
Ms. Slendak: I personally would never give blessings to apartments in my neighborhood
but however yes, the big sticking point with us now we realize this is going to happen. We’re
glad that they’re not going to have any vehicle traffic through the neighborhood. And we just
basically gotten hung up on the 50 feet versus the 20 feet that Mr. Lynn originally said. So if the
developer would agree to only disturb 20 feet of the 100 foot buffer then we’re not, you know we
would be as pleased as we could be with it.
Mr. D. Smith: Mr. Patty, can I ask?
Mr. Mayor: Hand on one second. Mr. Patty but then I do, that’s fine to come up, but I do
want to hear from the developer as well for equal fairness.
Mr. D. Smith: Is Mr., I don’t see Mr. Lynn here. Oh okay, I’m sorry he is here. George,
can we run through a couple of things here because I remember when we went through this a
great deal and tell me the concessions that the developer’s made.
24
Mr. Patty: Well, they are essentially the conditions you see here, one through four that
they would. Now this property right now six, six of the back acres of this property is zoned R-1,
maybe R-1A single-family residential. And the remaining 15 acres of it is zoned multi-family.
It’s been zoned multi-family since I believe 1983. And we feel that a variety of potential
developments of the property anyway this is in my opinion the best one that we’ve seen yet.
And the conditions we’re recommending are essentially concessions that they have made in
order to get the zoning. One, that there be no new median cut in Alexander Drive. They want
very much to use the existing median cut which is at the extreme south of their property. There’s
some geometric issues with that that we hope can be overcome. I don’t want to speak for the
developer but I think they’ve essentially said that they can’t do it any other way. They have no
interest in creating a new driveway in the middle of this property because of the grade and the
rock and all the problems that would entail so that’s a big question mark right now. Two, that
there be a 100 foot natural buffer maintained on the east property line. The first 50 feet closest to
the National Hills Subdivision remain undisturbed. Another words 50 feet could be disturbed,
would be undisturbed. My recollection of that meeting was the developer did say that they only
anticipate having to get about 20 feet into that buffer and then only in one place where they’ve
got some buildings that back immediately up to it. I would ask that you head the discussion
about that to the developer.
Mr. D. Smith: Thank you.
Mr. Patty: Three, that there’d be no vehicle access to Woodchip Drive or the streets in
National Hill West except for a gated emergency access through National Hills West. Right now
even though this property touch Woodchip and National Hills West I believe are zoned R-1 our
staff’s position would be that they couldn’t have access to it through an apartment complex. It
might be built on the property if the zoning were not changed but that could be subject to
interpretation of the courts there’s no telling how that could turn out. This is a good, this
particular condition is really good for the neighborhood because obviously they don’t want
apartment traffic through a single family neighborhood. Four, that the and just one additional
point. There’s no reason that the apartment under the present zoning couldn’t have access to
National Hills West Subdivision. Four, that the units would not exceed 252 which is on their
conceptual site plan. And five that the height of the buildings would not exceed three stories
above ground, basements excluded. So those are the concessions that the developer is willing to
make. These are Class A luxury apartments and they assured us there would be no subsidized
housing in those during the initial period and that’s essentially where we are with this right now.
Mr. D. Smith: Under a normal negotiation with a builder do they make this many
concessions?
Mr. Patty: Well we, my staff and I try to work with the developer, tell them what the
potential problems are try to get as many concessions on the front end as we can before it gets
presented to you and the public. We felt that the biggest problem that they people we’ve talked
to over the years in National Hills have had and they do not want this vehicular access through
their neighborhood from this apartment complex. We related that to them. We told them up
front that would have to be a condition. The other, we you know we embrace conditional zoning
because it softens up the blow of things that may not be compatible when there put next to each
25
other. It’s you know the courts have upheld it time and again in Georgia. You know it’s legal
it’s a good way to deal with these kinds of problems. The adjoining property is an apartment
complex very similar to what they want to build. It has R-3B zoning with no conditions. The
property across the street R-3B zoning with no conditions. So I think you see that there’s an
equal protection problem here if we go too far with this.
Mr. D. Smith: Thank you.
Mr. Mayor: Okay, Commissioner Lockett, can we hear from the developer first and then
from you or would you ---
Mr. Lockett: That will be fine.
Mr. Mayor: Okay. Can we hear from the developer, please, sir, and if you could keep it
to five minutes as well and state your name and address for the record as well?
Mr. Lynn: My name is Arthur Lynn. I’m the managing member of Emory Equity. I live
at 2864 Alpine Road in Atlanta Georgia and am respectively requesting the zoning that you see
here. We’ve worked with the neighborhood groups and we think we have a reasonable
compromise. With respect to the area that we need to build the property the disturbed area of
this 100 foot buffer will it be 20 feet? I don’t know exactly. I want to disturb as little of it as
possible. But until I have some grading plans and some building plans it’s hard to tack down
exactly what that may be. I think it’s going to be 20 feet based on similar properties that I’ve
developed with this type of topography and with this type of plot.
Mr. Mayor: Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mr. Mayor. As far as the concerns of the residents what are
you going to plant back on that 20 feet, 30 feet 40 feet?
Mr. Lynn: I think a reasonable suggestion would be to replace the width, the collective
width of the trees that I may take out if there is any trees that are taken out. I don’t want to have
to. Certainly it’s not in my best interest to have some sort of straight, barren or unattractive place
for the residents who will be there. So I’d like to plant it with trees, evergreens something that is
going to have both a visibility buffer and soften up the view for both the residents who are next
door as well as the residents who will be in the apartments.
Mr. Guilfoyle: Thank you, Mr. Lynn.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. Mr. Lynn, I appreciate all the concessions that
you all have agreed to make but the president of the National Hills Neighborhood Association
whose name I didn’t write down indicated there was a few more things that could possibly make
them be good neighbors. And one of the things she mentioned was according to the agenda item
you said made reference to 50 feet closest to National Hills. And I understood her to say they
26
could probably live with 80 feet. Now you mentioned 20 feet. Was this the item that you were
talking about here?
Mr. Lynn: If we have a double what the required buffer is. The required buffer in R-3B
zoning is typically 50 feet. We doubled that to 100 feet. I will some of that area to disturb it for
grading as well as building the buildings that will be along this area where the buffer is. So it’s
not into the buffer that I’m putting buildings. It’s only an area for grading and maneuvering of
construction equipment to build the property. I want to disturb that as little as possible. I think it
will be on the order of 20 feet but it certainly would be nice to have a little bit more and not be
handcuffed in case it is larger than that.
Mr. Lockett: Are you saying then it is a possibility they will indeed get the 80 feet or if
not the 80 feet possibly ---
Mr. Lynn: Yes ---
Mr. Lockett: --- something close to it.
Mr. Lynn: --- it’s a possibility but again ---
Mr. Lockett: Okay.
Mr. Lynn: --- I don’t want to say it’s a promise. Without having grading plans and
building plans it’s hard to say exactly what it’s going to be.
Mr. Lockett: And my last question is and I hope you were listen to what she was saying
because she mentioned two or three other things that evidently haven’t been agreed upon. When
she was mentioning those were you saying to yourself oh yeah, this is something that we can do?
Mr. Lynn: I’m not sure specifically what those are. You know most of it was the
concern about runoff and erosion and protection of their neighborhood to (inaudible).
Mr. Lockett: Mr. Chairman, may I ask her to repeat those if she would please.
Mr. Mayor: Yes or Commissioner Smith did you have those things handy or do you
know?
Mr. D. Smith: I think it’s the same thing that you, Tina it’s here, it’s spelled out. The
only argument here is the 50 feet versus the 100 feet versus the 80 feet. That’s the difference
here. The rest of it they’ve agreed that you are in agreement with.
Ms. Slendak: I have no, I mean it’s best that you can in an apartment complex. I have no
problem with the other items.
Mr. Lockett: Well, thank both of ya’ll very much. I appreciate it. Thank you, Mr.
Mayor.
27
Mr. Mayor: Mr. Fennoy?
Mr. Fennoy: My questions (inaudible).
Mr. Mayor: Commissioner Jackson.
Mr. Jackson: I’d like to make a motion to approve with that, with the stipulation
that was brought up. And also added to that, that no C.O. certification of occupancy is
given to this project without all the evergreens/trees in the proper place back to the natural
wooded buffer.
Mr. Johnson: I’ll second that motion.
Mr. Mayor: Is everybody in agreement. Is everybody okay with that? Okay.
Mr. Williams: Mr. Mayor?
Mr. Mayor: Commissioner Williams.
Mr. Williams: I’ve got no problem with that but I want to make sure that’s it’s legal that
we can do that. I don’t to have this neighborhood thinking something that we vote on and then
they say hey you can’t do that once you build the building. So I mean I want to support it. I
think the neighbors have come to a concession that they understand and that Bill understand and
they’re going to work together. But I don’t want to handcuff either one of them myself with a
vote saying that we can do that. So George Patty may he can (inaudible).
Mr. Mayor: Let’s get George up here. And just, George, can we require that as a
stipulation?
Mr. Patty: Yes. Whatever ya’ll approve if you approve anything will be put on a deed
restriction which will be essentially the zoning of the property. So they’ll comply with the
zoning and we’ll give them the certificate.
Mr. Mayor: Okay. Commissioner Jackson.
Mr. Jackson: Mr. Mayor, the reason why I added that is there’s an adjacent piece of
property in that neighborhood that was promised to have trees and was never put in but yet
they’ve got a certificate of occupancy and the trees have never followed up. So to protect the
homeowners and to protect the developer that’s why I put that in. Thank you.
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.
Motion Passes 10-0.
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Mr. D. Smith: I’d like to thank my colleagues, Mr. Mayor.
Mr. Mayor: Thank you, sir. And thank you for your diligence on that, Commissioner
Smith. Madam Clerk, next agenda item please.
The Clerk:
PUBLIC SERVICES
32. Motion to extend the contract with Heery International for Capital Improvement
Program Management on SPLOST projects through April 30, 2015 for an extended
contract price increase of $1,646,566 and a revised estimated not exceed contract amount of
$11,615,082. (No recommendation from Public Services Committee June 10, 2013)
Mr. Mayor: Mr. Russell.
Mr. Russell: Yes, sir, as you know the Heery contract is ending at the end of July. We
had two major projects that are still ongoing one of which is this building. The other is Phase 2
of the Webster Detention Center. Due to some additional action those things were extended past
what we anticipated initially to be their completion date. We’re asking that the contract be
extended through those two projects and which would be 2015. And the Augusta Transit was
added to their scope several months ago and that would be part of what we were doing too. So
that’s our request as we continue that forward. They’ve made a presentation that you’ve had in
front of you in reference to a cost for that. I’ve had conversations with them since then and we
have reduced that cost by approximately $188,000 dollars through the elimination of the
escalation rates, elimination of the Project Executive and Project Director and Principal-in-
Charge time and rates. And they’ve agreed to use 2011 rates for the extension period from
August through April, August 13 through April 15.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. My first question I guess is how did this get on
the agenda a motion to extend the contract when it came out of committee with no
recommendation? I guess that’s my first question. I’ve got a follow up question but how did it
get on this agenda with a motion to extend?
Mr. Russell: It’s a practice when a committee has no action to forward on to the full
committee.
Mr. Williams: I understand but the practice is, Mr. Mayor, if I’m and I need Sylvia or
somebody to help me with this that it should be passed on as no recommendation as well. But
this seems like is was ---
Mr. Mayor: It says no recommendation.
Mr. Williams: --- but the other items now, Nancy, you might have to help me now
because Sylvia can’t help me. The other items can’t come in saying come from committee with
29
no recommendation and that’s not the big issue, Mr. Mayor. The other issue is the Administrator
just said he hadn’t negotiated. He has got the price down and that’s a good thing getting the
price down but who gave him that authority to do that when it hadn’t come before this body?
Now I’m just trying to keep, keep things simple and that’s how to get confused I think, Mr.
Mayor. I’ve got a couple of issues and that’s just one of them. It was put on here to extend the
contract. We know the contract ends in July. If we extend this contract now that’s going to
surpass the July date. What’s going to happen after that, after 2015? Do we go back then and
say we didn’t have time to renegotiate because they were already in a contract? I didn’t get my
answers from last week that I need to know about the minority participation, about the training
classes, about the people we’re supposed to have partnership with and talk with about doing
work with the company, that’s doing work for this governing body. So ---
Mr. Mayor: I’ll recognize you for another two.
Mr. Williams: --- yes, sir, Mr. Mayor, I’m going to need it. I’m sure I’m going to need it
because I hadn’t got my first answer yet but can I at least get the information that I require, that I
asked for. I think I talked to Mr. Gallopabout some information that he’s going to bring to me,
give it to the Clerk or somebody. I had not received that. We talked about the local participation
with the small business here in Augusta had they been you know consulted. Have we talked to
them? Have we tried to do what we said we planned to do? We seemed to get lost in the shuffle
I guess, Mr. Mayor, but I hadn’t got that information back yet.
Mr. Mayor: Do we have a representative from Heery?
The Clerk: Mr. Williams, there was envelopes up there, put up there for you all.
Mr. G. Smith: I don’t want to open them because they might be baseball tickets.
Mr. Mayor: Yeah but for Mayor’s it’s Ricin. Mr. Gallop.
Mr. Gallop: And actually, Commissioner, a packet what should have been delivered to
you on Thursday it was taken to the Clerk’s office last Thursday, a detailed package of
everything that you asked for.
Mr. Williams: Okay, well, like a lot of stuff Mr. LaGatta I appreciate that. I never the
end times so I appreciate that you came last Thursday then I’m going to mark it to myself. But
the extension of this contract, Mr. Mayor, I don’t have a problem with extending it. I think that’s
something this body should’ve decided that the Administrator should not take the lead and go
ahead and do just that, anticipating what we’re going to tell him to do or ask him to do. So if the
contract can come down now at crunch time it may have been able to come down before now.
That’s my two minutes, Mr. Mayor.
Mr. Mayor: Thank you, sir. Commissioner Fennoy then Commissioner Guilfoyle. Saw
him first Wayne, I am looking your way, then Mr. Mayor Pro Tem.
Mr. Fennoy: Mr. Russell ---
30
Mr. Russell: Yes, sir.
Mr. Fennoy: --- at the last committee meeting were you not asked to see if you could try
to come up with a better deal with Heery on this contract?
Mr. Russell: That was a discussion that occurred but Commissioner Williams is probably
right. I probably acted a little bit quicker than I should because that motion was not fully passed
by this committee. But you know it seems to me that I’ve acted in a way that in this particular
case is a good thing for the city. We did meet, we were able to schedule that prior to this
meeting to move us forward. I thought it would be appropriate to go ahead and do that. If I
acted to soon I apologize.
Mr. Fennoy: And time wise what would be the impact on the renovations and the two
projects that’s already under construction if we don’t act on this.
Mr. Russell: We’re beginning to get to a, if I can, Mr. Mayor, we’re beginning to get to a
point where if we don’t act in the next and hopefully today that I’ve got to start making plans at
least backup plans in case there is no action taken to try to figure out how we’re going to
continue to move these projects forward. I’ve spoken to the contractor in this building I’ve
begun the process of trying to contact the contractor for the Webster Detention Center just to
have a backup just in case. And I’m not comfortable at this point not having that unless we can
move forward with this.
Mr. Jackson: Move to approve.
Mr. Lockett: Second.
Mr. Mayor: Did you get your answer to your question?
Mr. Fennoy: No, I didn’t.
Mr. Mayor: You still have time.
Mr. Russell: It has not affected us yet as far as the timing goes. If we had to start
demobilizing Heery because of no action taken it will affect us in the next week or so.
Mr. Fennoy: Okay.
Mr. Mayor: Okay. Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you. Mr. Administrator when is Heery’s contract actually up.
Mr. Russell: July, end of July 2013.
st
Mr. Guilfoyle: End of July so that’d be 29, 30, 31 because that’s ---
31
st
Mr. Russell: 31 of July technically.
Mr. Guilfoyle: Five, six weeks away and why would be jeopardizing any issue by not
voting on it today?
Mr. Russell: I didn’t say you’d be jeopardizing anything. What I said was you’re
beginning to raise my level of uncomfortableness on how we’re going to proceed forward. I’ve
got a $40 million dollar project here, I’ve got a $38 or so odd million dollar project at the
Webster Detention Center which in the next 40 days is not going have somebody managing those
projects. That begins to scare me.
Mr. Guilfoyle: So if it was pushed off for two weeks than we really (inaudible).
st
Mr. Russell: Obviously you’ve got to the 31 to pass the contract but I at some point in
good conscience need to start making some backup plans in case it doesn’t get passed. And that
means we’ve got some work ahead of us there.
Mr. Guilfoyle: Right. There was a couple of items that I had brought up last week, Mr.
Administrator, and that was doing to the employees qualifications meeting the requirements that
was set forth by the GSA guidelines. And Forest had emailed me at 3:32 p.m. today and he
actually said he would get that information to me this coming Thursday. And so that’s my only
reluctancy and as far as this information that’s sitting on our table right now that Mr. Gallop has
said that went out but when I came in today it was sitting here so that was information we did not
have ample time to look at Mr. Gallop.
Mr. Russell: I would suggest that if you do go forward that the motion would be to adopt
the new specifics as opposed to the old. If you adopt what’s in the book you’ve cost us about
$188,000 dollars. So you need to adopt what I sent you yesterday which is the document of June
th
17.
Mr. Guilfoyle: Okay and the information. What can I do with the information that’s
supposed to be arriving this Thursday from Mr. Forest? How can I have that implemented in?
Mr. Russell: You could add that if the maker of the motion to add that to the motion to
have that implemented. I’m not sure what that would. I don’t know what that is, sir, I’m sorry.
Mr. Mayor: Okay. Mr. Mayor Pro Tem.
Mr. Johnson: Thank you, Mr. Mayor. I just had a, one well actually one statement and
one question. I think the Administrator from my understanding I don’t know whether he
initiated a conversation with them to negotiate or whether they came to him after hearing what
the motion was last week. So I don’t know, Mr. Administrator, if you want to clear it up if you
can but I know that it was discussed in committee that that’s what we wanted to be done. But at
the end of the day they might have took note to that and came back on their own with those
recommendations. So I wouldn’t say he was out there negotiating even though the motion done
32
passed. Second of all, second of all I would like ask if we could, Mr. Mayor, if we could ask a
representative from Heery to come forward. I had a question regarding some things that were
printed in The Augusta Chronicle. And some were allegations and you know not properly filing
and things of that nature and Commissioner that day supported community events. If we could
ask them to elaborate on that and clarify that if we can, Mr. Mayor.
Mr. Mayor: Can we get a representative from Heery to respond to the Mayor Pro Tem?
Mr. LeGatta: Thank you. My name is Dennis LaGatta. I’m the Project Executive for
Heery International. I have with me today Glen Jardine. Glen and I both signed our contracts
for Augusta Richmond County. Our names are on the amendments that we’ve signed to date in
our tenure and will be the signatures on the proposal amendment if it passes. To your first
question I would say that based on the information that was debated during the committee
session, I was present for that and a number of the comments that were put forward seemed to be
comments that were reasonable. When the meeting was requested we put forth the proposal at
the beginning of the meeting that identified the three items that Mr. Russell outlined. And those
were offered, they were discussed, they were asked, we were asked if we would put that revised
proposal in writing and we indicated that we would be happy to do so. And that reason, rationale
behind it was our commitment to Augusta Richmond County and the process and program that
we started eight years ago. And this is a business decision and as prudent business people we
felt like this was an appropriate thing to do to continue to invest in this community and see this
program through so that the good things we have all accomplished as a partnership between this
government, between the citizens and between our efforts our staff could be completed and we
could move on and enjoy the fruits of all of our good efforts.
Mr. Mayor: And the second question?
Mr. LaGatta: Yes, sir. Glen Jardine.
Mr. Jardine: Good afternoon again. I’m Glen Jardine. I’m the Senior Vice President of
Heery and the Regional Manager. I’m a 31-year veteran of our firm and I will tell you that we
always act with the highest integrity and we are very proud of what we have accomplished as a
team for the last nine years. In Augusta Richmond County we have deep connections and deep
relationships but above all we are businessmen. We are architects and engineers and program
managers. We are not lobbyists. We are complying with all the rules and regulations as our
attorney has told us. And like thousands of other companies in the United States we participate
in the political process and charitable contributions because we’re invested in the community.
Everything we’ve done here has been above board and legal. We’ve made contributions to
charities that benefit scholarships, the Wheeless Road Playground, Alzheimer’s Foundation.
These are all perfectly legitimate legal above board charities. And specific to the newspaper
article this morning there were a number of inaccuracies and just factual wrongs in there. A lot
of that was lifted from a legal brief that resides on the internet. It’s six years old and a legal brief
is by no means a statement of facts. For example, there was one so called fact in there that
would leave the reader to deduce that an employee that worked for us in 2009 was convicted on
bribery in Broward County. The fact of the matter is we fired that person in 2005. We have no
idea what he was doing in 2009 because no relationship or anything to our firm so that’s trying to
33
connect the dots. But above all what is a fact we’ve been here nine years. We’re very proud of
our joint effort. We’ve done a lot of good things. 60% of all of the work that is flown through
the SPLOST program that we have managed has stayed in the community to local and small
businesses. We’ve saved over $7 million dollars. And again we look forward to being your
partner as this moves forward. It’s been a very positive relationship and it’s very positive
interactions with the community and we look forward to that. Everything’s been above board
and legal.
Mr. Mayor: Thank you.
Mr. Johnson: Thank you, Mr. Chairman, and thank you for your comments.
Mr. Mayor: Okay, Commissioner Williams, this is the third time so I’ll recognize you for
a point ---
Mr. Williams: No sir, no sir, you better back you watch up, Mr. Mayor, on this issue. I
made one comment about when we first opened up. I opened it up with a comment.
Mr. Mayor: Then you’ll remember I said I’ll give you, you were commenting and I said
I’ll give you another two minutes.
Mr. Williams: Okay, that was the first one, Mr. Mayor, and so if you’re going to add me
another one with that, that’s still fine. I’ve got no problem with what the gentleman just said.
And the Mayor Pro Tem asked about who started the conversation. That doesn’t matter about
who initiated the conversation about negotiating further. If that was a conversation in committee
that we would might like to do that. I had no problem. Mr. Guilfoyle brought a very important
point out last week when we had committee and the numbers that Forest brought was wrong.
They said it was just a number that they go by. That really cleared some clouds in my head
about how that came up. But hearing that statement about who made the initial talk, who
approached who whether the Administrator or their firm, it still was wrong. We didn’t give them
that directive so that don’t help me at all for the firm to come to the Administrator or the
Administrator to go to them. It don’t make no difference. It still was a wrong action. This body
did not take that action and now the committee has said it wasn’t no action and it should’ve came
to this floor. So that doesn’t help me at all for the hearing that Heery International came to the
Administrator and then he sat down and talked to them when he should’ve said well that’s not
what I was instructed to do. So yeah, I think that three calls or three recommendations whatever
you want to call them, Mr. Mayor, but I’m really disappointed. Where I was going to do
something I’m going to do something different today.
Mr. Mayor: Okay, thank you, sir. And then, Commissioner Guilfoyle, I know you had
your hand up and then Commissioner Lockett.
Mr. Guilfoyle: Inaudible.
Mr. Mayor: Mr. Lockett.
34
Mr. Lockett: Thank you, Mr. Chairman. You know this campaign money thing is just
completely been blown out of proportion. I think back in 1828 there was a guy running for
President by the name of Andrew Jackson. This is when people started contributing to
campaigns. People contributed to campaigns because they either liked the person running or
they want to gain access. It’s illegal. Those monies that we receive we have to report it. I ran in
2009 and I got a contribution in 2010 to pay part of 2009 debt. But I mixed the headline. I’m
tired of seeing that junk, okay? My reputation and my name means a lot to me. If you’re going
to print something on me make sure it’s accurate. Now there’s only been one person that
financed his campaign himself and that was Abraham Lincoln and he almost went bankrupt.
You can check everybody sitting up here to include the Mayor and all his money all of us have
received campaign contributions.
Mr. Mayor: Okay ---
Mr. Lockett: Okay.
Mr. Mayor: --- Commissioner Lockett. Okay, we have a motion that’s been properly
seconded. I like how you ---
Mr. Fennoy: Mr. Mayor?
Mr. Mayor: Commissioner Fennoy.
Mr. Fennoy: The motion that we’re going to vote on is the motion to approve the
numbers up here or the numbers minus the one under the $188,000 dollar?
Mr. Mayor: Commissioner Jackson? Commissioner Guilfoyle.
Mr. Guilfoyle: Yes, sir. I’d like to make a substitute motion ---
Mr. Mason: Oh, you haven’t got it out yet?
Mr. Guilfoyle: --- I’ll do like last week and rescind on it. I make a motion to approve
what ---
Mr. Mayor: Substitute.
Mr. Guilfoyle: --- substitute motion that the Administrator brought forth on June 17,
2013 which is showing the $188,435 dollars savings for this City of Richmond County. And
thank you Mr. Administrator. And that the employees that has to meet the requirements set forth
as far as the qualification education of said positions. I don’t know if I said that right. How’d
that sound?
Mr. Lockett: Say it again, please.
35
Mr. Guilfoyle: All right that they employees has to meet the qualifications and the
education of the equal to the GSA guidelines.
Mr. Mason: I’m going to second that on the contingent is that the City Administrator is
that ---
Mr. Guilfoyle: Is that right?
Mr. Mayor: Your recommendation?
Mr. Mason: Your recommendation?
Mr. Russell: Yes, sir.
Mr. Mason: Second.
Mr. Mayor: Okay, we have a substitute motion that’s been properly seconded. If there’s
no further, what’s that? No further, I’m sorry that Bill brought up your great grandfather
Andrew Jackson Commissioner Jackson but Commissioners will now vote by the substitute sign.
Mr. Williams votes No.
Motion Passes 9-1.
Mr. Mayor: Madam Clerk, on to the next agenda item, please.
The Clerk:
PUBLIC SERVICES
33. Update from the Administrator and Recreation Department regarding the
th
Commission’s June 10 tour of Riverwalk and the timeline associated with completing the
indentified landscaping, lighting, and other structural items that need to be addressed and
repaired. (Requested by Mayor Pro Tem Corey Johnson)
Mr. Mayor: Mr. Russell.
Mr. Russell: Mr. Levine is here to speak to that, sir.
Mr. Mayor: Thank you, sir.
Mr. Levine: Good evening. Department of Recreation has been, most of what we’ve
th
assessed based on that meeting on the 10 is the highest priorities for safety and security. We’ve
been investigating tree work to improve the views and effectiveness of security lighting. We
have a “general scope of services” for that type of work. We’ve also begun to review different
alternatives for the lighting options that we have there to replace, repair or renovate and we have
order of magnitude prices on that. We’ve also looked into some general prices for masonry
36
repairs but they would be the lowest priority because they’re not really related to safety and
security.
Mr. Mayor: Okay. Commissioner?
Mr. Johnson: Thank you, Mr. Mayor. Mr. Levine, do we have a timeline on those things
that we can take care of in the next month or two? I mean I know the landscaping is one thing
but you know the others that we did discuss. And I guess for the most part we need to probably
have some long term goals and that’s something for this Commission to set forth. But just to low
hang your food as I call it those things that we can take care of do we have a timeline and if it’s a
cost analysis attached to it?
Mr. Levine: Well, the tree itself, raising the trees up to fifteen feet, removing all dead
wood over two inches, removing 30 hazard trees there’s over 300 trees in the area that we
assessed. The cost for that was in the order of magnitude of $185,000 dollars. We are looking
into, we are looking to find to see if there’s ways we can find some funding for that. We have
some we have identified some funding that might be available for that. The lighting options I
think might be a little longer term but it really what will determine the timeline is the availability
of funds.
Mr. Johnson: Okay, also well, I guess at this point I understand you guys have basically
put together a scope of work if you will. It will probably be appropriate to give you some time to
at least a couple of weeks or so to kind of give us an analysis of not just the total price but also a
timeline on when we can start addressing these things that we can address you know soon. I
know to install new lighting is going to take some sufficient funding and work. But I know some
things we can do to address you know the poor lighting that we do have down there now. But I
think if we can give you probably a couple weeks or so to put together a timeline as well as you
know a budget if you don’t already have one and how you plan to meet that budget to deal with
it. We’re trying to see some results here sooner than later.
Mr. Levine: Okay. The plan on the lighting is to what we’ve been discussing with the
street lighting department is switching to LED lighting. There’d be a significant savings of over
50% in terms of energy consumption. It will also provide a lot brighter light with a lot less
energy. It will also make, give us the capacity within the existing electro system to expand the
lighting system if we needed to. So those are the things we’re looking at. It’s really just I think
it’ll take us another week or two and we’ll maybe come to a committee meeting and have a
timeline at that point.
Mr. Johnson: If we can Mr. Mayor I’d just like to offer a motion to give him a
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couple of weeks and bring it back to the next committee with will July the 8 I think it is
with a scope to get started.
Also a cost associated with it and a timeline if you will on how
soon we can get these matters corrected. I know we pointed out quite a few things even some
damages to the levee itself and the walkway if you will. On the top there’s some tiles that was
broken and damaged. But if you can get that together for us and get it back to us ---
Ms. Davis: I’ll second that.
37
Mr. Johnson: --- by the next committee meeting that will be great.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioner
Fennoy I saw you then Commissioner Williams.
Mr. Fennoy: Mr. Levine.
Mr. Levine: Yes.
Mr. Fennoy: Yes, sir. One of the things that I noticed on the tour that a lot of the lights
were not working. Now are we going are we able to replace those bulbs until we come up with a
new lighting system or are we going to let them, what’s going on with that?
Mr. Levine: Okay, the Recreation Department oversees all the lights that are basically
from your neck down. We’re working on all the low level lighting and we purchased materials
and supplies to do that. That work is ongoing. It just began. The street lighting department is
responsible for the other lights and they’ve been doing some investigations. I know that they’ve
also ordered some material and supplies that will hopefully get everything up and running in
terms of the pole lights, the taller lights that are out there.
Mr. Fennoy: Okay, so the bulbs are going to be replaced?
Mr. Levine: Yes, that’s the intentions.
Mr. Fennoy: Okay.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Thank you, Mr. Levine. I appreciate you coming in and sharing with us.
I didn’t go on the walk with you all down there but I’ve been to Riverwalk so many times I
probably know where ya’ll stopped at to look at the different situations. But we had at one point
I don’t know what we have now in Recreation we had inmate crews and people that worked for
the government, worked in Recreation to do a lot of that stuff sort of in house. Now the price
you just quoted us a hundred and how much is that?
Mr. Levine: One eighty three.
Mr. Williams: $183,000 would seem to be quite. We’ve got inmate crews that we can
use and we’ve got staff that’s talented in a lot of areas especially when it comes to, we build a lot
of buildings with inmate labors. We did south side out there we took some of the Hephzibah
Community Center were we took inmate labor and we had supervisors who worked for the
Recreation Department who helped them and we saved a lot of money with that and the building
was just as good as any other building. And I would you would look at what we do have. I
understand you’re relatively new and you don’t know probably all of the staff, the people yet but
if you talk to some of those maybe we can get a little bit better price than going out trying to trim
38
those trees. The National Guard does a lot of work in a lot of areas Mr. Guilfoyle. I went and
had them to come to Augusta. They were tearing down houses and stuff for us. Even the
Commissioner of Corrections in Atlanta, I met with him. We was going to build an animal
shelter out there and they can do everything but the air and heat. They built courthouses they
built fire stations they do all that kind of work. So we got to use whatever resources we’ve got
and I just want to ---
Mr. Mayor: Commissioner, I’m going to recognize you for your second two minutes.
Mr. Williams: --- okay and I’m trying to keep up with the Mayor Pro Tem because I
watch his time, Mr. Mayor, and you didn’t give him a second two. He took ten but that’s all
right. I’m just hoping that you could maybe you know look at some of those things and maybe
try to get that cost down as much as we can to try to get what we can because we’ve got a lot of
talented people that’s you know our inmate system and then we’ve got a lot of talented people
that work for the Recreation and Parks that could help us in a lot of ways when it comes to
changing those lights and trimming those trees and doing the brick work easily to be done here.
And if you need some assistance I’m sure that Mr. Donnie Smith knows some of those people
that we can you know get you to.
Mr. D. Smith: We put a few of them on probation yesterday.
Mr. Williams: Right.
Mr. Mayor: Thank you, sir. Can we get a motion to receive this as information or excuse
me, we already have a motion. We have a motion that’s been properly seconded. Madam Clerk,
for the point of clarity if you could read back the motion.
The Clerk: Yes, sir. It was to refer this item back to the committee in July and to bring
back a scope of the work and a timeline for the work.
Mr. Mayor: Commissioners will now vote by the usual sign.
Motion Passes 10-0.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
PUBLIC SERVICES
36. Motion to approve the By-Laws for the Transit Citizens Advisory Committee (TCAC).
Mr. Williams: So moved.
Mr. Mason: Second.
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Mr. Mayor: We have a motion that’s been properly seconded. Is there any further
discussion? Commissioner Smith.
Mr. D. Smith: I have not seen them. Okay. These are the ones? This just got handed to
us.
Mr. Mayor: Commissioner Fennoy.
Mr. Fennoy: Yes, I would just like to thank the members of the Interfaith Community for
volunteering their time and their services to try to help improve the Transit System for Richmond
County.
Mr. Mayor: Thank you, sir. Commissioner Davis.
Ms. Davis: Thank you Mr. Mayor. I did get a chance to read them but I’m hearing a few
Commissioners down here haven’t seen them either. So I’d like to make a substitute motion just
to give them enough time to read it to move this to next Commissioner meeting for the agenda
please.
Mr. Jackson: Second.
Mr. Mayor: That being next Tuesday.
Ms. Davis: Thursday.
Mr. Mayor: Thursday. Okay, we have a motion, substitute motion that’s been properly
seconded. Commissioners Williams then Commissioner Lockett.
Mr. Williams: I just wanted, the by-laws that came to Augusta each Commissioner make
an appointment. Commissioner Grady Smith and myself met the other day thinking that the
Super District is going to do it and that’s fine to help each Commissioner make an appointment.
I just wanted everybody to you know go ahead and try to make an appointment so we can get the
Advisory Board together versus just one or two of us doing it. That helps us out a lot.
Mr. Mayor: Thank you, sir. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I did read the bylaws and I really like what I
read. But there’s just one thing I’d like to recommend is that since everybody’s going to be
appointed at the same time maybe they should stagger the terms or something so that
everybody’s term will end at the same time. But other than that I think it’s some great work
that’s been done here.
Mr. Mayor: Thank you, sir. Mr. Mayor Pro Tem.
Mr. Johnson: Are you saying just make the motion, with the motion add that to the
motion that was made, the original motion?
40
Mr. Lockett: That was my recommendation that they stagger the terms so everybody
won’t go off at the same time.
Mr. Mayor: Because we’re not approving it today and we’re putting it through to the, I
think that just can be added when it comes before the ---
Mr. Johnson: I was going to say that. Thank you.
Mr. Mayor: Okay, we have a substitute motion that’s been properly seconded. If there is
no further discussion Commissioners will now vote by the usual sign.
Motion Passes 10-0.
Mr. Mayor: Madam Clerk, next agenda item.
The Clerk:
ADMINISTRATIVE SERVICES
37. Discuss filling the County Attorney’s position. (Requested by Commissioner Marion
Williams)
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. My good friend Mr. Wall is standing in the wall
back there and I didn’t think I would ever tell him this but I miss you, Jim.
Mr. D. Smith: He’s here to apply for the job.
Mr. Williams: I thought, I never thought I would say that but I’m confessing in front of
the Commission itself that the Attorney position that, Mr. Mayor, and if you notice that and I’m
trying to find my document, that the budget or the prices have steadily going up. I thought that
when we went to an in house situation that we would have a cheaper or a better situation. What
I’d like to see or what I’d like for us to start to discuss is having the Legal Department to handle
the stuff in house but have a county attorney to handle the Commission business. But handle the
Commission business. I’ve really got some issues with the issues that we’ve been coming up
and the advice that we’ve been getting. And I’m, Jim Wall gave me the ball years ago and I’ve
still got that ball, Jim, that we talked about fairness and I told him I can’t bounce a lead ball.
Give me a rubber ball. Give me the same ball everybody else bounces. And I’ve still got that
ball and he wrote my name on it and I appreciate that, Jim, so I don’t let anybody bother it. But
my point is I need to make sure I’m getting the best advice that I need to get here as a
Commissioner to make the best decision. Not after I get in trouble after we make something
happen but before we do that. So I wanted to bring that to the body to discuss. Jim is not here
for that that’s just the item I had put on the agenda that we begin to talk about filling the County
Attorney position. The rule still states, Mr. Wall, that the first thing we vote on the very first
41
thing you vote on on the Commission is your Legal whether it’s in house or not. That’s what the
rule still says. They haven’t took that out. It’s still there.
Mr. Mayor: Okay.
Mr. Williams: This legal ---
Mr. Mayor: Do you want another two?
Mr. Williams: --- yes sir. This legal firm or another legal firm but I brought it up for that
purpose, Mr. Mayor.
Mr. Mayor: Okay, thank you, sir. Commissioner Guilfoyle then Commissioner Fennoy.
Mr. Guilfoyle: Thank you. Mr. Williams, I hear you loud and clear. As far as cost,
Andrew, how long have you been a director or a counsel?
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Mr. MacKenzie: I was appointed to this position January 5 2010.
Mr. Guilfoyle: And what was the budget before you started?
Mr. MacKenzie: From the numbers that I received from the Finance Department 2009
Total Legal Expenses were $2,241,740.00 dollars.
Mr. Guilfoyle: And the year that you took over?
Mr. MacKenzie: At the end of the 2010 Year Total Legal expenses were $1,923,830
dollars which would be a $317,910.00 dollar reduction.
Mr. Guilfoyle: And the following year’s that leads up to this date?
Mr. MacKenzie: 2011 year Total Legal Expenses were $1,828,721.00 dollars. The 2012
year the total amount was $1,764,960.00. By my total the total savings from the 2009 year
which would be 2010 for 2012 would be $1.2 million.
Mr. Guilfoyle: $1.2 million, I appreciate that. And I know under the advice part that Mr.
Williams was talking about and I don’t care if we had four different attorney’s up here, layers up
here we’re going to have four different opinions I would imagine because they only read the law
how they see it. And I think it’s the best interest of any counsel who works for us I don’t care if
it’s Drew, Joey whoever they’re going to read the book and they’re going to give us their
opinion. But like that old saying we all got opinions. But, Andrew, I appreciate that and the
savings you have gaven to us.
Mr. Mayor: Okay. Commissioner Fennoy then Commissioner Lockett.
Mr. Fennoy: Yes, I’d like to make a motion we refer this to committee.
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Mr. D. Smith: Second.
Mr. Mayor: We have a motion that’s been properly seconded. Okay, Commissioner
Lockett, did you want to?
Mr. Lockett: Yeah, thank you, Mr. Chairman. This is for the General Counsel. Mr.
MacKenzie, do you always walk around with those numbers readily available or did you
anticipate that question?
Mr. MacKenzie: Well, I anticipated that question since the motion was ---
Mr. Lockett: Thank you.
Mr. MacKenzie: --- to fill the County Attorney’s position.
Mr. Mayor: 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.
The Clerk: That motion ties 5-5.
Mr. Mayor: And the motion was to refer it back to committee?
The Clerk: Yes, sir.
Mr. Mayor: For those that weren’t here last week I vote for you guys so.
Ms. Davis, Mr. G. Smith, Mr. Jackson, Mr. Johnson and Mr. Guilfoyle vote No.
Motion ties 5-5.
The Mayor votes Yes.
Motion Passes 6-5.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
ADMINISTRATIVE SERVICES
38. Discuss Department Director’s response time to request(s) for information from
members of the Commission. (Requested by Commissioner Marion Williams.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. We discussed how much time the Commission
takes to for committee and everything else. I have requested several times through the Clerk’s
Office to get information and I’m really disappointed in the time it takes just to get information
sent back to the Clerk’s Office. Now the Clerk has been working shorthanded before the Clerk
43
went out. Now they’re even more shorthanded. But they still get the work done. But you can’t
get department heads to send you information that I request through the Clerk. Now I had a
conversation with the Administrator about two department heads that I asked for information
about and he didn’t know anything about it. Well he finally recollected that I sent it to the Clerk
and the Clerk did copy him. But it takes too much time to get the department heads who make
good money to give you the information that we got to make decisions on but we don’t get the
information until the last minute. People walk up and hand you stuff as if you ain’t got nothing
else to do. Now I don’t mind doing my job but it’s embarrassing to not get the stuff that you ask
for in a time frame where you can be able to use that information. A perfect example, Mr.
Mayor. I requested something from HR. And I asked the Clerk, I called the Clerk, finally had
she gotten it. She had not got it. So I need it by today. She emailed back to get the information
and they gave it to me before the close of day like I asked for it at 4:58. Now what in the ham
sandwich can I do with it at 4:58 in the afternoon when I needed the information to make a
decision on something? It don’t make good sense. People who make those deliberately and
there times when things just won’t work, Mr. Mayor, but it happens to often. So brought it to the
Commission not the committee so we will be able to let the Administrator relate to his
department heads they are to answer to emails and the stuff that the Clerk sends us or sends
them. The Clerk works for the Commission.
Mr. Mayor: (inaudible).
Mr. Williams: Yes sir, the Clerk works for the Commission and they have been doing an
outstanding job even with the Clerk being out. They’ve been short handed for how long, Nancy?
How long have you all been shorthanded?
The Clerk: Since about the first of the year.
Mr. Williams: Not with Ms. Bonner. I’m talking about with the other person. Ya’ll
been out a person how long.
The Clerk: At least two, three years, four years maybe more than that. I can’t remember
exactly.
Mr. Williams: Okay, I understand, Nancy. I didn’t mean to put you on the spot. I know
you’re trying to do your job. But we’ve been, it don’t make sense when three ladies can take
care the ten of us and we’ve got all these department heads who can’t respond back to us to get
the information we’re supposed to have. Something’s wrong with that, Mr. Mayor.
Mr. Mayor: Thank you, sir. Can I get a motion to receive this ---
Ms. Davis: So moved.
Mr. Mayor: --- as information?
Mr. G. Smith: Second.
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Mr. Mayor: We have a motion that’s been properly seconded. If there’s no further
discussion Commissioners will now vote by the usual sign.
Mr. Mayor: Madam Clerk, next agenda item please. Oh excuse me.
Mr. D. Smith out.
Motion carries 9-0.
Mr. Mayor: Madam Clerk, on to the next agenda item.
The Clerk:
ADMINISTRATIVE SERVICES
39. Motion to direct the Administrator and staff to seek qualified applicants to fill the
vacant position listed in the Consolidation Act as “Equal Employment Opportunity
Director and as Director of Minority and Small Business Opportunities” and to submit the
Administrator’s recommended candidate to Commission for consideration and approval.
(Requested by Commissioner Joe Jackson)
Mr. Mayor: Commissioner Jackson.
Mr. Jackson: Thank you, Mr. Mayor. After doing some homework and checking with
the minutes from 2004, matter of fact November 3, 2004 and the minutes of November 5, 2009
both of the ladies that are in question were recommended from the subcommittee or appointed as
coordinators not as directors. That’s the minutes I have in my hand here. And one of the, the
pay grades of both of these ladies are pay grade 59 which does not reflect SES status per our
Policy and Procedures Manual. I’ve got signed documents and I’ve seen documents from Mr.
Marion Williams regarding one in particular. She said that she applied for the Director’s
position but the dates don’t correspond. They correspond before the actual vote at that time
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which happened to be the 5 of November 2209 which Mayor you actually broke the tie to hire
this lady as an EEO Coordinator. So those are the minutes I pulled from 11-3-2004 and 11-5-
2009. I was just wanting to be consistent with the, and I know that one of my colleagues jumped
the attorney’s pants about this but since I’m not an attorney I asked him to put it in a legal form
because I think that that goes along with our Consolidation Act.
Mr. Mayor: Thank you, sir. I saw Commissioner Mason first and then Commissioner
Williams then Commissioner Lockett.
Mr. Mason: Thank you, Mr. Mayor. If I could, Mr. Mayor, through the Chair if I could
have our HR Director come to the podium please?
Mr. Mayor: Through the Chair you can.
Mr. Mason: Thank you. Do you need to state name or any of that?
Mr. Mayor: No. You’re new but we know you.
45
Mr. Mason: First of all, good afternoon. Just a couple of questions. The documents that
Mr., Commissioner Jackson referenced has signatures by the two individuals. And they signed
on as what exactly?
Ms. Bryant: As a coordinator.
Mr. Mason: As a coordinator. Well, the only question that I would have and I want to be
able to get this straight too, Mr. Mayor, and perhaps it may need to go to committee to make sure
we have an appropriate discussion. And here’s why I say this. Based on the information I just
saw earlier I’m questioning in my own mind how this Commission would hire a coordinator
because this Commission hires directors. And so if you’re hired from the ten of us up here
you’re not hired in as a coordinator that’s your function as an HR. So I know that you weren’t
here at that time but are you aware that this Commission hires directors? We don’t hire
coordinators?
Ms. Bryant: That is my understanding, yes, sir.
Mr. Mason: So my question then becomes if in fact you’re a coordinator and that’s what
the intent was then we did something wrong on this Commission. I think you just heard
Commissioner Jackson state that it was 5-5 and the Mayor broke the tie. Well, I’m going to state
it again we don’t hire coordinators up here off of this Commission we do hire Directors. So I
don’t know what the answer is, Mr. Mayor, but and that’s why I think we probably need some
more discussion because I want to like Commissioner Jackson get to the crux of the issue. But
that’s a very serious issue in my mind in terms of determining what it is that someone is or what
they aren’t. And it’s to my knowledge that both Ms. Gentry as well as Ms. Humphries were both
hired on by the Commission. Now one was hired on during my tenure and that’s Ms.
Humphries. I remember going through the interview process ---
Mr. Mayor: I’ll give you another two.
Mr. Mason: --- thank you, Mr. Mayor. I remember going through the interview process
and the whole deal. I’ve never done that with any position other than a Director. So I just want
to be clear for myself you know on what do I have here. Do I have a Director or do I have a
Coordinator because if I have a Coordinator I have no business hiring her. And if I’ve got a
Director who should be a Coordinator we’ve got to reverse some sort of action or we got to do
something. I don’t what we’ve got to do but we’ve got to do something to address the issue now.
This is somewhat of a separate issue if you will Mr. Mayor then just the director position that’s
called for in the Charter. But at the same time we’ve either hired directors or we haven’t so it
kind of fudges together. I just want to be clear, Mr. Mayor. I don’t know what the answer is
moving forward. I don’t know that we’re going to get here today and that’s why my
recommendation would be to move it back to committee to have a more appropriate discussion
because it never really went through committee for discussion and we can get all the particulars
and find out what’s on and make the right move from this point forward.
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Mr. Mayor: And I’m going to say I am in complete agreement with you on that, Mr.
Mason. You bring up a very, very good point. Commissioner Williams and then Commissioner
Lockett.
Mr. Williams: Thank you, Mr. Mayor. I’ve got in my hand several documents that states
that the HR advertised position was for EEO Director on this document that I have in my hand.
And not only that but it got a list of the other candidates who was applying and each one says
director in my hand right here now. I don’t run HR. I’ve been accused of micromanaging,
Sylvia, but if you, they don’t want you to ask questions to make sure that you know what you’re
doing and want to keep you confused. Now this signed I think Mr. Ron Powell name is here
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August the 7 2009 a memo from Mr. Ron Powell, HR Director regarding the candidates for
EEO Director. On this form. I’ve also got the advertisement that went out in the newspaper that
solicits a director on this other sheet along with the job description which mimics the description
that the Charter calls for us to have as well. And well the director of the position along with this
other information and everything I’ve got circled. I gave this information I showed the
information to Mr. Jackson he had a different city he was working in I was working in a different
city too I guess. I even mentioned it wasn’t the same. It should have been but it was not the
same. You were not there so this is no fault on you. But everything that I showed him and I’ve
got a copy that I showed everybody else that it states Director. Now it didn’t matter to me
whether it was Ms. Gentry or Mrs. Humphries. This says Mrs. Humphries here as a Director.
We’ve been holding up the DBE process because we didn’t have a director they said. If we go
out 280 days to get somebody else in that we already done hired than you know what that’s
going to do. That’s doing prolong us even longer and the 4 ½ years already done went by and
we did nothing, zero, zip, nada.
Mr. Mayor: Two more minutes to Mr. Williams.
Mr. Williams: Yes sir, thank you, Mr. Mayor. But I can’t understand how we can get so
confused when the paperwork said, now maybe we’re not paying her at the rate we’re supposed
to be paying here so Mr. Jackson I’m glad you brought it up. We need to raise her salary
because I think the rules say at Grade 59 or she should be above that I believe now. I think that’s
a point she brought out so that ought to be a good thing for whoever the Director’s going to
finally. But somebody’s already the director and we need to take stride and do what we need to
do. And if anybody wants to see these documents they’re welcome to see them right here. And I
didn’t forge any of these, it came from the HR Department.
Mr. Mayor: Commissioner Johnson.
Mr. Johnson
: Well, I think that, the question that I had and I think Commissioner
Mason brought it up as well as Commissioner Williams we have conflicting stories here and
documentation. We obviously have documentation showing one thing and one aspect and then
we have documentation showing I guess it advertises as a director’s position. But more
importantly I think we need to decide because we haven’t actually acted on what the Charter
calls for. And it’s saying Director if that’s the case. If you’re saying we don’t have a director or
if we do have a director then who’s the other position and who needs to be in the other position.
But based on this information we need to make some decisions as a body. And first and
47
foremost we need to make a decision whether or not we’re going to I guess adhere to the Charter
as it is in that area or whether or not we want to change it. But other things need to be discussed
before we make any decision on hiring anybody else or doing anything until we get clarification
on where we are at this point and get and come to some kind of agreement on this Commission
up here as to where we are and who’s if it is in fact the director Ms. Humphries is than we need
to make sure we understand wholeheartedly that’s what that person was hired as. Now I
understand Commissioner Jackson says he has documentation showing that she signed that she’s
a coordinator so all that stuff we need to get aired out. We’re not going to get it done here today
so we need to come up with some conclusions and figure out how we’re going to talk about this
best thing to do is probably refer it to
and deal with it. But we need to, yeah I think the
committee,
not Commission but committee and have some dialog in the process because we, it’s
too many stories up here and I’m not saying ---
Mr. Mayor: Are you putting that ---
Mr. Johnson: anybody’s wrong or right.
in the form of a motion
Mr. Mayor: --- ?
Mr. Johnson: Yes, or yes ---
Mr. Lockett: Second.
Mr. Johnson: --- because it’s just all over the place. We need to get this clarified before
we move forward with anything.
Mr. Williams: Well, wait, I got a question, I mean.
Mr. Mayor: I still I have not come back to you so I recognize you again, Commissioner
Williams ---
Mr. Williams: Thank you.
Mr. Mayor: --- and the Commissioner Lockett.
Mr. Williams: We got an attorney here in fact several. I need a ruling. Why do we got
to go back to committee when you’ve got documents saying here and you got an attorney sitting
here than can look at these documents and say they’re real or not real. I don’t understand going
back to committee. I mean I’m not going to waste no more time on an issue we already done
saw. If you want to take a recess let them look at that book that I got or look at the book that Mr.
Jackson’s got. It don’t make no difference. But we got an attorney here. He needs to make a
ruling. And I want to hear what his ruling is, Mr. Mayor.
Mr. Mayor: And, Commissioner Williams, with all due respect and will ask the attorney
for his legal opinion on this but I think the issue is we’ve got two sets of documents that say two
different things. And that’s, you know ---
48
Mr. Williams: We’ve got one that says Director. Director and Coordinator that says
Coordinator didn’t say Director.
Mr. Mayor: Okay. Mr. MacKenzie.
Mr. MacKenzie: I haven’t seen the documents that you’re referring to from HR. I’d be
happy to take a look at those and if you’d like to I could bring an opinion to the next committee
meeting indicating once I’ve had a chance to review that. I have reviewed the minutes from
when Ms. Humphries was hired in 2009 as well as the minutes for Ms. Gentry in 2004. And
those seem to clearly indicate what the Commission voted on and approved was to hire
coordinators. But I will be happy to take a look at all the documents.
Mr. Mayor: Okay. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I’m not going to speculate. I’m going to tell
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you what I know because I’ve done my homework. On June the 15 of ’09 our Mayor Deke
Copenhaver signed off on Augusta Georgia Position Authorization Form a replacement for
Diana Darris. And her position was EEO Director. Mr. Shepherd, Attorney, was on the
Commission at that time. I requested that he be here but today he responded he had a conflict he
couldn’t be here. Mr. Wall was the county attorney at that time. There are minutes. There are
minutes that reflect what happened. Now there attorney’s they knew what the Charter said.
They had discussion on it but there are document after document that says Director. And if you
look at the job description the job description that the EEO Director has is identical to the
description on the Charter. Now if ya’ll do your homework and you want to send everything
back we’ll never get anywhere. But I don’t know what your motives are but this is ---
Mr. Jackson: It wasn’t for firing any of the individuals, Mr. Lockett ---
Mr. Mayor: Mr. Jackson, I’ll recognize you at this point. Gentlemen, simmer down.
Mr. Lockett: But I’ll just say, Mr. Mayor, that the documentation is here and it’d be good
if we do a little homework on our own before we got here and we wouldn’t keep sending
everything back.
Mr. Mayor: Well ---
Mr. Lockett: We had discussion about how clogged the agenda is because we got too
many items on it. This is one of the reasons why. We keep sending stuff back. Thank you, Mr.
Chairman.
Mr. Mayor: Well and just with all due respect, Commissioner Lockett, I’ve not seen any
of this documentation. So it’s ---
Mr. Lockett: (inaudible).
Mr. Mayor: What’s that?
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Mr. Lockett: Your signature is on it.
Mr. Mayor: No, but other than the documentation that’s been referenced today whatever
my signature is on has been properly reviewed and signed off by our City Attorney whoever that
might be at that point in time. But I’m just saying other information, the job descriptions all
these things going back to 2004 I’ve not been privy to having the opportunity to review that
information. Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. I’ll be brief. The reason why I said what I said was
because clearly we’re not going to agree upon what’s going on here today. And so I just wanted
to deal with the facts of the matter which most of us are trying to deal with. And the fact of the
matter is I’m going to get back to the same point. This Commission has not ever had a practice
of hiring anything but a Director. That’s a fact. We’ve never been in the business of hiring
coordinators or anything below a director. That is an HR function and has been for years. So
that’s a problem for me and I want to be able to get that clear. I don’t know that I’m going to get
that type of clarity today. But that’s a very big issue and that’s right at the crux of where we are
right not. We either made a false hire if you will or imperfect hire for sure in terms of the title if
it was presented as coordinator and it was caught by any of the Legal or anybody else at that
time. Now I don’t know how you go back and change that. Or were we hiring under the
assumption or a director. And I know, see what the minutes would say but the bottom line is,
Mr. Mayor, that fact is something I think we can agree upon that we don’t hire coordinators as a
rule on this body. Now that has to be addressed.
Mr. Lockett: Mr. Mayor, a point of personal privilege, please?
Mr. Mayor: No, hang on one second, Mr. Lockett, and I will recognize you for a point of
personal privilege and then I’m going to get Commissioner Jackson. But it seems like to me that
we’ve seen this time and again that we’ve done things that have been based on what has been
done in the past. And we’re not just because it was done wrong in the past doesn’t mean this
Commission in particular needs to do it wrong in the future. But that’s sort of the habit that we
as a government have been at times. So I just make that point. Commissioner Lockett.
Mr. Lockett: You were very kind to me, Mr. Mayor, because I was going to ask if you
would let Attorney Wall come up and speak because he was the attorney at that time.
Mr. Mayor: Jim, I’ll entertain you for a second. Welcome back.
Mr. Wall: I was invited to participate in the discussion and the conversation. So I am not
here to render any legal opinion.
Mr. Williams: I understand.
Mr. Wall: That was the email that was sent to me making that request.
Mr. Lockett: And thank you for being here. I appreciate it.
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Mr. Wall: The Charter talks about having a single director for both the EEO and the
DBE. We’ve been talking about 2004 but if you go back to 2003 while I was the county attorney
then the discussion was over having coordinators. A coordinator for DBE and a coordinator for
EEO. That came up in a committee meeting in May of 2003. It came up again in July of 2003
and then in September of 2003 the request was made at the EEO Subcommittee to present a draft
job description for Equal Employment Coordinator and the DBE Coordinator with both positions
listed as Job Grade 59. And then Commissioner Shepherd ask that they accept the concept of
two positions of CEO Coordinator and DBE Coordinator with HR, Purchasing and Finance
Department working to determine a method of financing. And then the Chairman who was
Commissioner Mays asked that the designate the EEO side of that is priority number one. And
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then September 8 it went before the Administrative Services Committee and Commissioner
Mays again recommended the two positions he created and that EEO position be filled as a first
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priority. And then at the regular meeting held on September the 16 2003 as a consent item the
motion was made to approve the creation of Equal Employment Officer and Disadvantaged
Business Enterprise Officer positions with top priority given to the hiring of the EEO position
along with a clerical position for support. That was adopted by consent. So the 2004 I’ve got
copies of the minutes and that in those minutes it refers to the appointment of the MBE
Coordinator. That’s the November 3, 2004. The November 5, 2009 it talks about a motion to
appoint EEO Coordinator. So the coordinator title has been carried through because there was
never the appointment of a director. There was to be a single director who would be over both
departments.
Mr. Williams: I need to hear Mr. Wall. I need to hear Mr. Wall one minute ---
Mr. Mayor: I’ll give you –
Mr. Williams: --- if I can Mr. Mayor.
Mr. Mayor: --- a point of personal privilege. But, gentlemen, let me also state this is
why I believe it’s appropriate to refer it back to committee because he limits on the opportunities
for people to talk. And so when we’re restricted with that we’re, but point of personal privilege.
Mr. Williams: Jim, and I want to refresh your memory that Brenda (unintelligible) was
here at that point was the EEO Director/Coordinator whatever you want to call her. But when
the HR position came open she resigned. She said it was too much work for one person to do.
That’s exactly why they ended up calling it getting two people because she said it was too much
work. She resigned from that position in order to go to HR as an HR Director over there for the
City of Augusta. She was the person in that position as a coordinator. And when Commissioner
Mays I think Chairperson at that point chaired it. But that’s how the two positions came about
because it was too much work for one we ended up doing it ---
Mr. Wall: And it’s no question. I mean Ms. Pelaez in the first meeting that I cited to
May of 2003 said it was an unusual situation to have a single director looking at two totally
different departments with different functions, different skill sets, et cetera. But that’s the way
51
the Consolidation Bill was drafted. There were efforts made to get an amendment to the Charter
to take care of that but one’s never been adopted.
Mr. Mayor: Okay. Commissioner Jackson and, gentlemen, we only have gentlemen left
and hope we can move on after this. Commissioner Jackson.
Mr. Jackson: Mr. Mayor, I’d like to make a substitute motion to keep this neutral and fair
and unbiased to have outside counsel give a ruling on whatever the hell we’re dealing with here
because we’ve got conflicting documents ---
Mr. Mayor: You kind of have to give a little more clear direction than that. That kind of
what got us into this position.
Mr. Jackson: The clarity of Director EEO if either one of these women are EEO Director
or DBE Director.
Mr. Mayor: Okay, a substitute motion ---
Mr. Jackson: Or MBE or what, that’s why I ask to put it, have the attorney do it for
clarifications so. The substitute motion would be to have an outside counsel get with our HR and
go through the dates and come back with their ruling of who is what and where and how and
when.
Mr. Mayor: Okay, do we have a second on that?
Mr. Johnson: I think, Mr. Mayor, that probably could be added to the motion that I made
because it’s actually saying bringing it back but we need to get clarification on it in the
meantime.
Mr. Mayor: I think that Mr. Jackson’s saying use an outside counsel as opposed to in
house counsel to review so that it’s ---
Mr. Jackson: Keep politics out of it.
Mr. Mayor: --- to take the ---
Mr. Williams: We’re paying an in house counsel now we’re going to pay an outside
counsel to do what he’s supposed to do?
Mr. Mayor: Okay we have a substitute motion. Is there a second on that?
Mr. G. Smith: Second.
Mr. Mayor: Okay, we have a substitute motion on the floor. Mr. Russell?
Mr. Russell: Outside being somebody we just, what does that mean?
52
Mr. Jackson: It means nobody connected to this government. Get a ruling so it’s
unbiased.
Mr. Mayor: But who engages the outside counsel?
Mr. Jackson: Pick one out of the phone book. There’s a hundred of them. That will take
the politics out of it.
Mr. Mayor: Okay, we have a substitute motion that’s been properly seconded.
Commissioners will now vote by the substitute sign of voting.
Mr. Guilfoyle: Grady, you going to vote?
Mr. G. Smith: I’m fixing to call Domino’s but I’ll vote.
Ms. Davis, Mr. Jackson, Mr. Guilfoyle and Mr. Grady Smith vote Yes.
Mr. Fennoy, Mr. Johnson, Mr. Mason, Mr. Lockett and Mr. Williams vote No.
Mr. Donnie Smith out.
Motion Fail 4-5.
Mr. Mayor: And we have a primary motion on the floor that’s been properly seconded.
Madam Clerk, can you read that back for clarity?
The Clerk: Yes, sir, that was to refer this item back to the committee.
Mr. Mayor: Commissioners will now vote by the usual sign of voting.
Mr. Guilfoyle: What’s the motion?
Mr. Mayor: To refer it back to committee.
Ms. Davis, Mr. Jackson and Mr. Grady Smith vote No.
Mr. Donnie Smith out.
Motion Passes 6-3.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
ADMINISTRATIVE SERVICES
40. Presentation by Mr. Ellis Albright of the CSRA Business League regarding minority,
women and disadvantaged businesses. (No recommendation from Administrative Services
Committee June 10, 2013)
Mr. Mayor: And, Mr. Albright, if you could just keep it to five minutes please. That’s
the rules.
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Mr. Albright: No problem. Good afternoon Mr. Mayor, Commission. I bring you
greetings on behalf of the CSRA Business League with Ms. Monica (unintelligible) as Chair.
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Celebrating our 43 anniversary of Friday with formerly Commissioner Michael L. Thurman as
the keynote speaker. It is our position that the proposal we submitted to Mr. Fred Russell in
September which placed the city in the position to insure that fairness of all our citizen of
Augusta Richmond County. We at the league have heartburn over the fact that we have some
citizens who own a business in this city who have no desire to see minority, disadvantaged and
women owned businesses have a place in the room and a seat at the table of economic diversity
and prosperity. We believe that the city cannot continue to lag behind the cities of Atlanta and
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Savannah because we are held hostage by the desires of a few in shackled by having a 20
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century mentality in the 21 century. We believe we must correct the findings of the soon to
expire Disparity Study by insuring that every business and every citizen in the CSRA who owns
a business have a seat at the table. That we have diversity that we have an equal opportunity to
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prosper and be treated fairly. It is the belief of the CSRA Business League that in the 21
century the only thing that should matter is green. However we understand that historically
women, minority and disadvantaged businesses have not been given their rightful place in the
contracts and the projects of this city. And we believe that is unfair for we too all pay taxes in
this city but it should not be where only those few participate and make the money from this city.
So it is our again our desire to partner with the City of Augusta since we continue to want to,
what’s the correct word as we use here? Privatize ---
Mr. Williams: Right.
Mr. Albright: --- items here ---
Mr. Williams: That’s right.
Mr. Albright: --- that you privatize with CSRA Business League is a not for profit
organization to insure that minority, women and disadvantaged businesses get a seat at the
economic table and have their place to insure that they prosper as well.
Mr. Mayor: Thank you, sir. Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. Where’d Fred disappear to?
Mr. Mayor: Mr. Russell? Commissioner, the Mayor Pro Tem has the floor.
Mr. Johnson: Mr. Russell, have you done a cost analysis on this if we was to go this
route and how would it conflict or if there would be any conflict with our current DBE office as
it stands now.
Mr. Russell: We had some discussion last year in relationship to this after the budget was
done. I suggested they might want to come back today or come back at this budget cycle to
determine whether or not they had a proposal that would be cost effective or efficient. And I
believe that was the beginning of that conversation. As far as looking at the numbers and
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whatever my initial thought was to do it as part of the budget process and the information that I
received previously was interesting. I mean I think there might be a chance for that at this
particular point in time. I think we’re probably at a point now with the discussions on our
current services and it might be appropriate to take a look at all that again and determine where
we’re going with this process and whether there is an interest to continue to move forward. You
know he’s come last week at basically my request to put this in front of you as an option that we
might want to look at.
Mr. Johnson: Well, I think it’s a great you know opportunity for us to indulge in maybe
somewhat on the outside who can actually go out and seek these individuals or entities that can
bring it back to the table and insure that we are spreading and some might say the wealth if you
will. And I support the concept so I just wanted to make sure that we understand where we’re
going in moving forward. And also you know the cost analysis so it don’t conflict with where
we are now as a government. But I just wanted to throw that out there.
Mr. Mayor: Commissioner Smith then Fred.
Mr. G. Smith: As someone who has a wife, two daughters and several friends who are
women, good friends. What type businesses are you talking about?
Mr. Albright: We are referring to any minority business in subcontracting. We’re talking
about those contractors who bid on projects in regards to construction. We’re talking about even
in regards to sanitation. In regards to what is happening with the sanitation contract here in the
city of Augusta. So we are talking about all businesses that are minority, women and
disadvantaged only because we deal of that.
Mr. G. Smith: I think it should be the way we got things the way I see it is, is that we try
to do as much as we can to get everybody involved. And you’re saying like women in
construction and sanitation and all that. They thing I say do these businesses meet the standards
like EPA and county regulations and everything else I see no reason why they wouldn’t have the
same level playing field with everybody else.
Mr. Albright: And let me correct you. We’re also talking about small business but,
Commissioner Smith, even though we say that and we see that, that does not happen in this city.
Mr. G. Smith: Well, I’ll tell you what that lady that passed me in the Corvette the other
day I said what do you do? She said I clean windows out here on this construction job. And I’ll
tell you what. I thought about getting out of the plumbing business and getting into the window
cleaning business.
Mr. Albright: Again everybody does participate ---
Mr. G. Smith: And I’m saying I agree with you in semi concept. But I think we’ve made
great strides in this county to make sure that everybody’s treated fair. And I know there’s some
people that might disagree with that but you know you look at history and I think we’re coming a
long way to continue to strive forward. But you know we’ve got to, you know there’s certain
55
standards and all we have to meet now that are either on the county levels, state levels and
federal levels. And when you do all that then you ought to be throwing in the hat like everybody
else, boom drawn out.
Mr. Mayor: Okay, Mr. Russell then Commissioner Williams then Commissioner
Lockett.
Mr. Russell: I’m sorry, I forgot what I was going to say.
Mr. Mayor: Okay, that’s one less dialogue. Commissioner Williams.
Mr. Williams: I hadn’t forgot mine, Mr. Mayor. That lady he probably, that Mr. Smith
passed probably washing windows in that Corvette she was taking back to somebody I imagine.
I really don’t know. I don’t think we made the strides, Mr. Smith, that we could have made.
Now if you look at history we’re not where we were but we’re not even close to where we need
to be when you’re talking about the economic dollars and spreading the wealth in this city of
Augusta. Now and it don’t take no rocket science. We spent $500,000 dollars to come back to
tell us that what I’ve already been saying. This study we spent $500,000 dollars say we are
discriminating in the city of Augusta against minorities and women in this city. Now if you look
at the contractors and the people who are subcontractors it still don’t add up. We got a few subs
we don’t have not one prime contractor in the city of Augusta, not one. Now if you’re thinking
about somebody laying bricks that’s a subcontractor. I see your head turning down there so I’m
thinking that you’re trying to figure up something. But that’s a, sir.
Mr. G. Smith: I (inaudible) Mr. Williams (unintelligible)
Mr. Williams: Mr. Albright, I need to know from you what can we do in your mind as a
Commissioner as a board of trustees of this government because we all pay taxes the money
comes in we’re talking about millions of dollars and going. But it’s going out the one side of this
community.
Mr. Albright: We believe that if the Commission would embrace our concept of
inclusiveness and diversity where everybody has that seat at the table we will certify those
businesses that are minority owned and women owned to insure that they have those
certifications. Where we would insure that we have a list that is readily available for every
member of this commission to see who we’ve certified. We will also monitor and improve and
insure that those general contractors have those contracts and employ those subcontractors that
are certified as well.
Mr. Mayor: Okay. Commissioner Lockett, Commissioner Mason then Commissioner
Fennoy, Commissioner Smith yada yada.
Mr. Lockett: Mr. Albright, I may appear to be a little redundant however you waited
hours on last Monday to appear before the Administrative Services Committee. By that time
almost everybody was gone to include the janitor. I knew at one time the CSRA Business
League had a very cordial work relationship with the city. What happened?
56
Mr. Albright: And thank you, Commissioner Lockett. Prior to my being there I arrived
in 2008 so I’m not exactly sure. But from what I have read the city participated in the founding
of the CSRA Business League. And sometime in 2004/5 that relationship splintered. We’ve
been trying since 2008 because I understand relationships. And I understand that the city cannot
grow unless we all participate which is why we’re coming to you today.
Mr. Lockett: Mr. Albright, again why is it, I know we should see the accolades all the
time about how well Augusta Richmond County’s doing but there’s some other small towns in
the state of Georgia doing well also, Savannah, Macon, Columbus, Athens. What is it that they
know that we don’t know? What is it that they are applying that we aren’t applying?
Mr. Albright: If I can be honest and blunt, Commissioner Lockett, cities like Savannah,
Atlanta, Macon can care less about what happens when you have that contract or the color of
your skin. They want whatever whoever does the best job. Here we still deal with race. It
should no longer be about race. Everybody should be able to participate and make green which
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is the color of the 21 century.
Mr. Lockett: And I agree with you wholeheartedly. That’s the problem. When I read
my news somebody made a reference to this body being us and them. And we ought to come to
the realization that we’re in 2013. We realize that but we would hope that we are indeed in 2013
and not 1913. I want to thank you for taking the time to come out and I would hope that we will
be able to establish a relationship that will not only be beneficial to the CSRA Business League
but for Augusta Richmond County as a whole. Thank you very much.
Mr. Albright: Thank you, Commissioner Lockett.
Mr. Mayor: Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. Let me be very clear, Mr. Albright. And I think
you’re basically saying the same thing. I’m in no way shape or form looking to give anyone a
handout. But I am looking to give a hand up meaning that if you are qualified and you have met
the standard you ought to be as Mr. Smith said be given a fair shot at the table.
Mr. Albright: Correct.
Mr. Mason: But let’s be very, very clear and it pains me to say it. That has not been the
case and that’s the facts. That’s not supposition. The study and the Disparity Study clearly show
that there were several many, many inequities in the way that we operate and do business. So
here’s the thing. Until and unless we change our thought process and mind set in terms of how
we operate our actions will not change they will remain the same. So my hope and my desire is
is that we do something different than we’ve continually done because that which we have done
is not working and has not worked. My only focus is to be fair and giving equal opportunity for
individuals to sit down at the table. That’s what I defended this nation for for twenty years. I’m
very proud of that. And so again, not a hand out but a hand up. So I don’t want that confused.
I’m not looking at just throwing stuff out for the sake for throwing it out.
57
Mr. Albright: I know what you mean.
Mr. Mason: But if I’ve done everything that I’m supposed to do and I’ve dotted my ‘I’s’
and crossed my ‘T’s’ just like everybody else I want a fair shot at the table and know that I’m
going to get a fair shot. The facts of the matter is that has not happened and we need some work
to be done. We’ve done some work but we’re not where we need to be. And so I applaud you
for coming forward with a different idea but it’s basically an idea that we should already have in
place. And the fact of the matter is it shouldn’t be mandated anyway that we have this type of
participation. It should fall on the hearts of the individuals.
Mr. Mayor: Do you want another two?
Mr. Mason: Yes, sir. It should fall on the hearts of individuals who are getting taxpayer
dollars in this community to a tune of millions to be able to give something back. And again
we’re not talking handouts we’re talking hand ups and mentorship programs and everything else
that can happen to give one a fair opportunity. I believe that it’ll go directly to a reduction in
crime. I believe that our jails will be less filled if that’s the priority but we’re building more
instead of less. I believe that those types of things will create economic development and
opportunities for all individuals. And I think that’s the premise that we should be working from
as a group here. So again I appreciate your presentation. I’m not sure, has there been some sort
of motion made or something like that? I mean what are we looking for here today?
Mr. Albright: And let me thank you. The Atlanta Business League does some of the
same things as you’re talking about. They have all the major corporations in Atlanta that
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participate with them because they understand that diversity is the key to the 21 century. So
again I thank you for that commissioner.
Mr. Mayor: Well, I just because I know Commissioner Fennoy and Commissioner Smith
had their hands up as well. But I would go back to what Commissioner Mason said. What are
we asking for today?
Mr. Albright: We are asking for our proposal to be looked at. I think at the last
Administrative Services meeting the Administrator asked to meet with him, our board and Ms.
Gentry to come up with a viable proposal. And we’re asking that that go forward and we’ll do it.
Mr. Mayor: So I think it would be, a motion would be appropriate to receive the proposal
as information for review, I believe.
Ms. Davis: I’d like to make a motion just to receive this as information.
I feel like
this should ---
Mr. Mayor: Commissioner Davis.
Ms. Davis: --- be handled in house. And so I appreciate his efforts and his alliance but
that’s my motion to receive as information today.
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Mr. Mayor: Do we have a second on it?
Mr. Jackson: Second.
Mr. Mayor: Okay. Commissioner Fennoy then Commissioner Smith.
Mr. Fennoy: I just wanted to maybe hear from Ms. Gentry about how this proposal and
whether she has had an opportunity to talk to Mr. Albright.
Ms. Gentry: Commissioner, what was your question? I’m sorry.
Mr. Fennoy: Have you had an opportunity to talk with Mr. Albright concerning his
proposal?
Ms. Gentry: Yes, sir.
Mr. Fennoy: And how do you think it would fit in with what you’re trying to, how would
it enhance what you’re trying to do?
Ms. Gentry: I’m still of the opinion Commissioner until we Augusta Richmond County
enjoinment is lifted we are tied at our hands. Now an outside company could come in
potentionally and do that. I’m not Legal so I can’t give you that opinion. However until the
enjoinment is removed developing a program that has a preference for minority and women it’s
going to be difficult. Commissioner Williams is absolutely correct. The Disparity Study
identified discrimination and to implement a program such as what Mr. Albright is stating here
however in order to do that and stay within the letter of the law we as Augusta Richmond County
must go back to our courts and get the enjoinment removed.
Mr. Mayor: Commissioner Smith, did you?
Mr. G. Smith: I’m a small businessman myself and I can appreciate men, women
anybody willing to stake their neck on the line I can appreciate that. Because when you borrow
money from the bank or wherever whether it’s federal government or whoever you lay awake at
night when certain times hit wondering how am I going to pay this back? Another thing. I
thought we have these people in on the county payroll when we have a Procurement Officer and
we’re talking about the Director’s now and EEOC and these areas. I thought that’s what we had
here our taxpayer’s pay for. And I think it would be nice to get Mr. Albright’s advice and his
committee but we pay enough through taxes right now to make sure in what your job is and the
other lady’s job and several other people in this building to help insure that everybody gets a fair
shake. Men, women chick or child. And the thing about it is I’ve got several friends luckily
that’ll tell you. I’m the last one that’ll discriminate men or women on any position. And I want
to make that clear because back down the line in my business, plumbing heating and air
conditioning we had a lady plumber. Everybody respected her and a lot a times we’d be busy
we‘d send her the work. But I think you know what we got maybe taking it to committee to talk
59
about might be the thing to do but I think we have people in those positions and it’s part of their
job to make sure this county follows the rules.
Mr. Mayor: Okay, Commissioner Mason then Commissioner Lockett.
Mr. Mason: Thank you, Mr. Mayor. Mr. Mayor, we clearly have a study that have
documented inequities that’s been very clear. There’s no question about that. Those are the
facts of the matter. Then the fact is anybody that’s been watching this government for any
period of time I’d be hard pressed to say that there’s not, that there’s not an equities going on.
So again I’m going to make my statement. I’m going to make a substitute motion until we
change our mindset and thought process our actions are going to remain the same. Now we’ve
heard clear and convincing evidence in my opinion of inequities and yet we have made the
statement that we’re going to move forward as if nothing is going on and nothing has happened.
That’s wrong on so many levels. I’m going to make a substitute motion that we accept Mr.
Albright’s proposal for review and be a part of our budget process as an assessment piece for our
Administrator to take a look at. At some point we would still make that decision up here on this
Commission but I see absolutely nothing wrong with looking at a different way of doing
business to help us in a way that we’ve been unable to help ourselves in the past.
Mr. Johnson: Second.
Mr. Mayor: Okay, that’s been seconded. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I had something similar in mind to
Commissioner Mason’s motion. But what I would like to see is what you said but I would also
like to see contestation between DBE, the Administrator and the CSRA Business League.
Mr. Mason: I will amend that to reflect that as well, Mr. Mayor.
Mr. Mayor: Okay. The seconder of the motion is okay with that?
Mr. Johnson: Yes.
Mr. Mayor: Okay. Okay if there’s no further discussion we have a substitute motion
that’s been properly seconded. Commissioners will now vote by the substitute sign of voting.
Mr. Fennoy, Mr. Johnson, Mr. Mason, Mr. Lockett and Mr. Williams vote Yes.
Ms. Davis and Mr. G. Smith vote No.
Mr. Jackson, Mr. D. Smith and Mr. Guilfoyle out.
Motion fails 4-5.
Mr. Mayor: And we ---
Mr. Lockett: Mr. Mayor?
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Mr. Mayor: --- Commissioner Lockett, we have a primary motion on the floor that’s
been properly seconded and so to receive as information. Commissioners will now vote by the
usual sign of voting.
Mr. Fennoy, Mr. Johnson, Ms. Davis, Mr. G. Smith vote Yes.
Mr. Mason, Mr. Lockett and Mr. Williams vote No.
Mr. Jackson, Mr. D. Smith and Mr. Guilfoyle out.
Motion fails 4-3.
Mr. Williams: Madam Clerk, can I get that put back on the agenda for the next
committee meeting whenever.
The Clerk: Committee meeting?
Mr. Williams: Committee.
The Clerk: Yes, sir.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
ADMINISTRATIVE SERVICES
41. Motion to approve a “No Confidence Vote” relative to the performance or lack of
performance of the Augusta-Richmond County General Counsel. (Requested by
Commission Bill Lockett)
Mr. Lockett: So moved.
Mr. Mayor: Is there a second? Is there a second? Commissioner Lockett, this is yours.
Did you want to speak to it?
Mr. Lockett: The Administrator has a scenario he wants to present. At the last minute he
told me we should have an outside attorney which he doesn’t have. So I want to refer this back
to the next Commission meeting with an outside attorney.
Mr. Mason: Second.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. Mr. Russell?
Mr. Russell: Yes, sir, Mr. Mayor. Because it is a personnel matter I believe it should be
done in Legal because our staff’s work for the General Counsel at this particular point in time. It
would not be appropriate for any of them to be there so if it’s directed by the committee or the
commission I’ll have an outside attorney present that can sit through Legal to determine, so you
have legal advice.
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Mr. Mayor: Okay, we have a motion. Commissioner Lockett.
Mr. Lockett: I don’t mind it being in Legal but we went through this rodeo one other
time. I think the public should have an understanding. That’s why Commissioner Bill Lockett
has put this on the Commission agenda whether or not he has a problem or whether or not he has
some solid evidence.
Mr. Mayor: Okay. Mr. Russell.
Mr. Russell: And at some point I believe that would be a public opportunity but I think
you need some legal advice from an outside attorney to make sure that we don’t cross any lines
in public and determine where we are with that. So it would be my recommendation that you get
that advice prior to any public comment referencing a performance on an employee.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor, I appreciate that. We don’t, I don’t see the votes
no way to do what Commissioner Lockett’s doing. But I disagree with the Administrator. Now
what we’re doing is bringing it to the table to talk about transparency. We’re talking about
laying it out here, nobody’s accusing. The Commission brought an item we ought to go ahead
and vote up or down. I mean it’s just as simple as that but to get an outside attorney to come in
here to tell us if we’re doing right then I don’t understand that. Maybe Mr. Russell can explain
and give me some details maybe I could understand it a little better. But I don’t see why we’ve
got to have an outside attorney here to make a vote that may not go nowhere. And it may fly but
just to make that vote we got to have an outside attorney here. Are we going to pay him to show
up to see if we need him?
Mr. Russell: Yes, sir.
Mr. Williams: No, I don’t think so. I think we need to go ahead and make our vote
known and then if we need an outside counsel to tell us what we need to do. Now a vote of No
Confidence is serious enough within itself but I don’t see the vote going nowhere.
Mr. Mayor: No, I don’t either. Commissioner Lockett, I’ll let you.
Mr. Lockett: Thank you, Mr. Chairman. I want to disagree somewhat with my colleague
and friend Commissioner Williams. I want to make sure that anything that I say about this in
public is something that’s embedded by an outside attorney. And I would like to, I would prefer
to do that than to jump out here and say something today that probably shouldn’t have been said
in open session.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. For clarity, Madam
Clerk, could you read back that motion?
The Clerk: Yes, sir. To refer it back to the next Commission meeting to be done in
Legal with an outside attorney.
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Mr. Mayor: Was that, that was the next committee meeting or was it commission
meeting? Mr. Lockett, was it committee?
The Clerk: I thought I heard you say commission. I’m sorry if I mistook ---
Mr. Lockett: Well, I did but think about it, Mr. Mayor, if we have it in committee
depending on what committee there won’t be anybody here.
Mr. Mayor: Okay.
Mr. Lockett: So probably commission ---
Mr. Mayor: Okay.
Mr. Lockett: --- and I did not say the whole thing in Legal now. The only thing in Legal
---
The Clerk: My mistake.
Mr. Lockett: --- is that part that has to be in Legal. I think the public has the right to
know everything else.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. If there’s no further
discussion Commissioners will now vote by the usual sign.
Mr. Williams: I know Sylvia’s going to write about those people who walked out the
meeting today. I know that. I guarantee she’s going to do that. That’s my friend.
Mr. Mayor: Commissioner Fennoy, are you going?
Mr. Fennoy: I have an emergency.
Mr. Mason: He already voted.
Mr. Johnson: Yeah, he voted already. Just hurry back because we can’t do nothing until
you come back.
Mr. Mayor: We’re going to lose the quorum.
Mr. Johnson: Yeah we’re going to lose the quorum. Yeah go.
Mr. Fennoy, Mr. Johnson, Mr. Lockett, Mr. Guilfoyle, Mr. Williams vote Yes.
Mr. G. Smith votes No.
Ms. Davis, Mr. Mason, Mr. Jackson and Mr. D. Smith out.
Motion fails 5-1.
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Mr. Mayor: Well, ladies and gentlemen, apparently we’ve temporarily lost our quorum
until Commissioner Lockett takes care of business.
Mr. Lockett: We got Wayne Guilfoyle voting. How’s he doing that remotely?
Mr. Mason: Oh, did I not vote? Okay that’s wrong. I vote yes. Wayne’s not even here.
Mr. Lockett: Mr. Chairman, I’d like to have it put back on the next agenda please.
The Clerk: Yes, sir. Mr. Mason’s voting Yes.
Mr. Mayor: Okay.
The Clerk: And Mr. Guilfoyle out.
Mr. Mayor: We have just lost our quorum by two.
ENGINEERING SERVICES
42. Discuss 2013 Solid Waste Contract/Contract Term. (Requested by Commissioner
Marion Williams)
Mr. Williams: Mr. Mayor, I’ll refer this next item to the next Commission meeting, the
Solid Waste Contract deal. I’ll have it referred to the next commission meeting not committee.
We need to get some clarity on that.
Mr. Mayor: But we still have to, Mr. MacKenzie, we can’t adjourn the meeting correct?
Mr. MacKenzie: If there’s no further quorum no further action can be taken by the
Commission.
Mr. Mayor: So we can’t adjourn the meeting.
Mr. MacKenzie: No.
Mr. Mayor: Bill has come back in so we’re waiting.
Mr. Johnson: We’ve got to have Grady as well right?
Mr. Mayor: Did Grady leave?
Mr. Mayor: Okay, but, Mr. MacKenzie, correctly we would need a motion to refer the
final agenda item back to the next commission agenda?
Mr. Williams: So moved.
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Mr. Lockett: Second.
Mr. Mayor: We have a motion and a second. If there’s no further discussion
Commissioners will now vote by the usual sign.
Mr. Fennoy, Mr. Johnson, Mr. Mason, Mr. Lockett, Mr. Williams and Mr. G. Smith vote
Yes.
Ms. Davis, Mr. Jackson, Mr. D. Smith and Mr. Guilfoyle out.
Motion Passes 6-0.
Mr. Mayor: With no further business to come before the body ---
Mr. Lockett: Did you send 41 back to the next commission agenda?
Mr. Mayor: There was no action taken on it. You can request it be on the next agenda.
With no further business to come before the body 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 June
18, 2013.
______________________________
Clerk of Commission
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