HomeMy WebLinkAboutRegular Commission Meeting August 20, 2013
REGULAR MEETING COMMISSION CHAMBER
AUGUST 20, 2013
Augusta Richmond County Commission convened at 5:00 p.m., August 20, 2013, the
Hon. Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Mason, D. Smith, Williams, Fennoy, Johnson,
Jackson, Davis and G. Smith, members of Augusta Richmond County Commission.
Mayor Copenhaver called the meeting to order.
The invocation was given by the Reverend Charles Broome, Pastor, St. Mark United
Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Thank you for that wonderful invocation. If you could please come forward
I have a little something for you. Office of the Mayor. By these present be it known that Rev.
Charles Broome, Pastor, St. Mark United Methodist Church is Chaplain of the Day. For his civic
and spiritual guidance demonstrated throughout the community serves as an example for all of
th
the faith community. Given under my hand this 20 of August 2013. Deke Copenhaver, Mayor.
(APPLAUSE) Madam Clerk, on to the recognitions.
The Clerk:
RECOGNITIONS
Employee of the Month
A. Ms. Tammy Canady, Superior Court Judicial Case Manager, July Employee of the
Month.
The Clerk: The Employee Recognition Committee has selected Tammy Canady as the
July 2013 Employee of the Month for the City of Augusta. Tammy Canady is employed as a
Judicial Case Manager for the Superior Court and has been employed with the county since
1991. She was nominated by Mr. Tom Gunnels. Ms. Canady is the lead member of Judge
Overstreet and Judge Brown’s case management team. She is the focal point for information that
is disseminated to the prosecution, defense, probation, law enforcement and others for case
disposition. Collectively Judges Overstreet and Brown have the lowest open criminal case load
in the circuit. Tammy works well with internal and external staff going above and beyond her
responsibilities including volunteering to train and mentor new case managers. Her cheerful
demeanor and attention to detail has earned her team respect and the resulting harmony has
assisted in keeping case loads at manageable levels. Tammy’s research and record keeping skills
results in the accurate compilation of calendars for bonds, arraignments, sentencing and trials.
Defendants are moved to state facilities or released on probation due to Ms. Canady’s diligence
in tracking the length of time defendants have been in jail and placing them on calendars at their
earliest possible point in the system. This keeps cases moving faster through the system which is
a realized cost savings at the county jail. Tammy Canady is a pleasure to work with and is a
1
valuable asset to the county especially to the Superior Court. The Employee Recognition
Committee felt that based on this nomination and Tammy Canady’s dedicated and loyal service
to the City of Augusta and the Superior Court we would appreciate you joining us in recognizing
her as the July 2013 Employee of the Month. (APPLAUSE)
Mr. Mayor: And, Tammy, I wanted to say I spoke to Judge Overstreet earlier today who
just went on and on about how wonderful you are. And I did want to share that with you. Then
I’ve got a letter for you and I was going to see if Judge Brown or Tom wanted to get up and say
any words. And then if you’d like to say a few words too. Dear Ms. Canady. On behalf of the
City of Augusta it is with great pleasure that I congratulate you for being recognized as
Employee of the Month for July 2013. Your contribution to your organization Augusta
Richmond County Government and the citizens of Augusta has earned you this recognition. I
appreciate your willingness to go above and beyond the call of duty and your outstanding work
ethic. You are truly an asset to the Superior Court of the Augusta Judicial Circuit and the
citizens of Augusta Georgia. Please accept my personal congratulations on this wonderful
award. You are truly deserving of this recognition. Sincerely yours, Deke Copenhaver, Mayor.
(APPLAUSE)
Judge Brown: How much time do I have? It would take me a long time to just talk about
how valuable Tammy is to this county and the Superior Court. She is enthusiastic, energetic,
creative and I could go on and on as she works for Chief Judge Overstreet and myself. And I’m
the easiest one to work for but she really does an outstanding job and we’re just very fortunate
very blessed to have her to work for us. We take our cases seriously, she does and she is truly a
leader in the court and we just appreciate her and thank you so much for recognizing her. It’s a
well deserved award. (APPLAUSE)
Mr. Tom Gunnels: Thank you. I just have to I guess echo what Judge Brown said. She’s
been a joy for our office and we got together two years ago. She is the life of the office keeps
everybody moving and a lot of fun so, Tammy, we do appreciate you. You’re (inaudible).
(APPLAUSE)
Ms. Canady: Thank you. Thanks for the wonderful judges that I work for. Thank you,
Tom. Thanks for everyone that I do work for in the office. I truly am blessed to work for such a
great group of people. Thank you. (APPLAUSE)
Mr. Mayor: Madam Clerk, on to the delegations please.
The Clerk:
DELEGATIONS
B. Presentation from artists regarding the unveiling of the final mural design for the Rosa
th
T. Beard Memorial Bridge located on 15-Street as part of the Sustainable Development
Project.
Mr. Stout: Good evening everyone.
2
Mr. Mayor: If you could keep it to five minutes please sir but we can’t wait to see it.
th
Mr. Stout: This is the final design of the 15 Street Rosa T. Beard Memorial Mural. I’d
like to give a special thanks to the Commission for approving the commission of such a mural.
th
To HUD for issuing the funds and the residents of 15 Street for providing the input to design
this. We have the artists Lucy McTier and Davis McTier here to say a couple words. And I’d
also like to thank the Greater Augusta Arts Council for helping me find such great muralists. So
would you like to say a couple words?
Ms. McTier: Thank you for this opportunity. It’s been a joy to work with everyone on
th
the 15 Street project. There are so many that are looking forward to just wonderful things in the
future. I had several people give me some actual artistic ideas and one of them was that they
wanted to see a phoenix rising from the ashes and sort of going up on the winds of an eagle. And
those are some of the things that I took into my creative side. And I also wanted to highlight
many people were interested in talking about or highlighting the education of the area and how
important our medical education is to us. And the just the research and the many opportunities
that young people and old people alike all communities have to come together and to support one
another. And these are the sort of things they talked about was the vision for their area and how
this would be something that would be beautiful and they would hope insure you know
encourage people to look forward to a bright and sustainable future.
Mr. McTier: Good evening, Commissioners. The mural is going to be 20x80 foot on the
side of the Rosa T. Memorial Bridge that will be specifically viewed traveling down R.A. Dent
to Wrightsboro on the side of the bridge where there’s a walking path. All the elements in the
mural were gathered from people coming up during our public meeting process. Just so we
know that’s not a Josey Eagle. It just so happens to look like that. For Department of
Transportation purposes it’s not a Josey Eagle it’s an American Eagle. It just so happens that it’s
right next to Josey High School so we’re really excited for this and it’s a way to utilize planning
dollars for beatification as well.
Mr. Mayor: Okay and before I go to, I just wanted to say to the artist’s thank you all so
much. John Paul, it is a beautiful mural for a great bridge dedicated to a beautiful woman in
Rosa T. Beard too. Commissioner Fennoy.
Mr. Fennoy: Yes, I just want to say thank you also but when is the unveiling scheduled
to take place?
Mr. McTier: For the completed mural?
Mr. Fennoy: Right.
Mr. McTier: Well, you know we kind of had a difficult summer for painting murals with
you know the rain but it should be starting ---
Ms. McTier: We’ll be starting very soon probably in the next three or four days to a
week.
3
Mr. Fennoy: But there will be a formal ceremony? Okay, all right. Okay thank you.
Mr. McTier: Yes, sir, and there will also be opportunities for local organizations, schools
and whatnot to take part in it. Obviously not the because it’s a 20x8-foot mural not the portions
where there’s scaffolding involved but for the local art programs whether it be Josey or Shiloh or
you know any number of the churches in the area to participate so it’ll be fun to watch it come
together. I thank you very much for your time.
Mr. Mayor: Thank ya’ll. (APPLAUSE)
Mr. Mayor: Madam Clerk, on to the consent agenda.
The Clerk: Yes sir. Our consent agenda consists of items 1-26. And under the Planning
portion of the agenda I’ll read the planning petitions and if there is anyone who has an objection
would you please signify your objection by raising your hand.
Item 1: Is a request to approve a petition for a Special Exception to allow public parking
areas in the following locations: Tract A is located at 403, 407 and 415 Berckman Road. Tract
B located at 330 and 331 Heath Drive and 1117 Stanley Drive. Tract C located at 2704 Hillside
Lane and Tract D located at 373 Heath Drive.
Item 2: Is a request to approve with the following condition that there be a 50 foot
building setback on the north property line. That is the property line adjacent to Kingston
Subdivision a petition for a Special Exception for the expansion of an Equestrian Center which is
located at 1333, 1337 and 1339 Jackson Road.
The Clerk: Are there any objectors to either of these two petitions? Okay. Under our
Public Services portion of the agenda I’ll read the alcohol applications. And if there is anyone
here who has an objection would you please signify your objection by raising your hand.
Item 4: Is a request for a retail package Beer & Wine license to be used in connection
with Lucky Store located at 1801 Marvin Griffin Road.
Item 5: Is a request for an on premise consumption Liquor, Beer & Wine license to be
used in connection with Texas Roadhouse Holding, LLC DBA Texas Roadhouse located at 107
Sherwood Drive with Sunday Sales.
The Clerk: Are there any objectors to either one of these petitions?
Mr. Mayor: Commissioner Smith?
Mr. D. Smith: Yes, who’s here to speak on behalf of the one on Sherwood Drive? No,
who from the business, is there somebody here to speak from their business?
Mr. Mayor: The applicant?
4
Mr. D. Smith: The applicant. Mr. Griffin. I’ve just got a question. How about
somebody, is Mr. Harris or Rob Sherman here? Thank you, Mr. Harris. Is this, is this David
Mullherin’s old building where the Brew and Cue used to be? Is that where this is located?
Mr. Harris: I don’t think I have that agenda item with me. If you’ll give me a minute to
research it and I can tell you what you’re asking because I wasn’t prepared to speak to the item.
Mr. Mayor: He’s here.
Mr. D. Smith: Thank you, Mr. Griffin. Is this David Mullherin’s building? Where’s
your building located?
Mr. Griffin: 107 Sherwood Drive.
Mr. D. Smith: Which is going to be where? Is that across the street behind the Zaxby’s?
Mr. Griffin: Behind the Zaxby’s.
Mr. D. Smith: And you all, that’s a new building?
Mr. Griffin: It’s a new building.
Mr. D. Smith: Okay, I’m sorry, I had a complaint about something different on the other
side of the street so I apologize. Thank you, I don’t have any objections, Mr. Mayor.
Mr. Mayor: Okay. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I have a question on agenda item number four
for Mr. Harris or somebody. I have questions about the application. If I’m looking at it correctly
the application is incomplete.
Mr. Harris: Which one Mr. ---
Mr. Lockett: Agenda item number four.
Mr. Harris: Agenda item number four.
Mr. Mayor: On the consent agenda.
Mr. Lockett: Under Public Services.
Mr. Harris: I don’t have that item. Tell me which item it is. Okay, what are you asking,
Mr. Lockett?
Mr. Lockett: Well, the way I look at it, it appears the application is incomplete. I have
questions about number 13, 16, 17, 21, 23.
5
Mr. Harris: Okay 13, Corporation. It says that Krupa Pareshkumar Patel is a 50% owner
and Paril Amin is a 50% owner. So that would be considered a partnership. Okay? And give
me the other one?
Mr. Lockett: Was that 13 you just got through reading?
Mr. Harris: Yes, sir.
Mr. Lockett: Okay, number 7 is a New Applicant. Is that correct?
Mr. Harris: Yes, sir.
Mr. Lockett: Okay, what about number 16, number 17?
Mr. Harris: Seventeen ---
Mr. Lockett: Go to number 16 first.
Mr. Harris: Okay, 16 should have been checked for have you ever been applied for an
alcohol beverage license. Yes, sir, they have a license with us.
Mr. Lockett: But is it checked?
Mr. Harris: No, sir.
Mr. Lockett: All right how about 17?
Mr. Harris: They did initial it ---
Mr. Lockett: But?
Mr. Harris: --- because we give them a booklet with all of the rules and regulations.
When we tell them about the booklet we tell them it’s a necessity that they sign that stating that
they received the booklet and they are ---
Mr. Lockett: There are two blocks there. Are either one of those blocks completed?
Mr. Harris: No, sir.
Mr. Lockett: All right number 21.
Mr. Harris: List of owners are owners of building and property. That property’s owned
by (inaudible).
Mr. Lockett: That’s not my question.
6
Mr. Harris: It should’ve been placed there, yes.
Mr. Lockett: And how about number 23?
Mr. Harris: Okay, this is not a new application as far as the location. The location is an
existing location where there’s already been wine there. So a plat would not be necessary for
(inaudible).
Mr. Lockett: Okay but then in number seven they did say a new applicant.
Mr. Harris: A new applicant ---
Mr. Lockett: Yeah, a new applicant but not a new place.
Mr. Harris: --- but not a new place.
Mr. Lockett: Okay, so now but that application is incomplete. Is that correct?
Mr. Harris: I would imagine you could consider it being incomplete. Those questions
would probably be inconsequential to the total outlook of the application. These are already
approved applicants for an existing location in Richmond County. They already hold an alcohol
beverage license.
Mr. Lockett: Mr. Harris, I don’t doubt that one bit but the questions were asked there
were no responses to it therefore it’s an incomplete application.
Mr. Harris: If that’s how you consider it, yes, sir.
Mr. Lockett: How would you consider it?
Mr. Harris: Again I would say they are inconsequential to the total outlook of the
application.
Mr. Lockett: Well, it may be inconsequential but it’s still incomplete.
Mr. Harris: I say, yes, sir ---
Mr. Lockett: Thank you.
Mr. Harris: --- if you want to consider it that you can.
Mr. Lockett: Thank you.
Mr. Mayor: Okay.
7
Mr. Harris: Mr. Mayor, could I say something. I’m sorry ---
Mr. Mayor: Yes, sir.
Mr. Harris: --- the earlier application. When you asked the question I was thinking you
were talking about a Planning application. I wasn’t aware you were actually asking about an
alcohol application. That will be a new building on Sherwood.
Mr. D. Smith: Yes, sir and that was the, I’m satisfied. Thank you.
Mr. Harris: Okay. All right.
Mr. Mayor: He’s good. Do we have any additions to the consent agenda?
Commissioner Smith.
Mr. D. Smith: Yes, sir, I’d ask that my colleagues add number 31 to the consent agenda.
Mr. Lockett: I’ve got a problem with that, Mr. Mayor.
Mr. Mayor: Okay. Do we have any other additions to the consent agenda? Okay
hearing none, do we have any items to be pulled?
Mr. Johnson: Mr. Mayor.
Mr. Mayor: Commissioner Johnson.
Mr. Johnson: We’ve got some we got to add so they hadn’t the additions we hadn’t done
those so they said they could’ve been added one and two could’ve been added if they wanted to
add those.
Mr. Mayor: Okay, does the additions to the agenda that the Commission has before
them, does anybody have a problem with adding items one and two to the consent agenda?
Mr. Jackson: Mr. Mayor?
Mr. Mayor: Commissioner Jackson.
Mr. Jackson: I asked item number three to be placed because the state’s matching
$247,000 dollars for Mims Road and we have to come up with forty-seven. And it’s one of those
emergency types. The state’s giving us that money to repair this road and I’d for consideration
to be added.
Mr. Mayor: Is everybody okay with adding that?
Mr. Fennoy: I’ve just got a quick question.
8
Mr. Mayor: Okay, a quick question from Commissioner Fennoy. Abie, are you here?
Mr. Fennoy: No, I guess Mr. Jackson (unintelligible).
Mr. Mayor: Okay.
Mr. Fennoy: Is that part of Mims Road still out of operation?
Mr. Ladson: Yes.
Mr. Fennoy: Okay.
Mr. Mayor: Okay, you’re okay with it? Okay. Commissioner Guilfoyle.
Mr. Guilfoyle: Yes, I would like to thank Commissioner Jackson for looking out for my
district.
Mr. Mayor: See, it’s a team game. Okay, so we will put those three on the consent.
Now we will go to, do we have any items to be pulled for discussion? Commissioner Guilfoyle.
Mr. Guilfoyle: Can I pull item number ten please?
Mr. Mayor: Do we have any further items to be pulled for discussion? Commissioner
Lockett.
Mr. Lockett: Number 9, 11, 18 and 23.
Mr. Mayor: Okay, any further items to be pulled for discussion? Okay hearing none I
would look for a motion to approve the consent agenda.
Mr. Jackson: So moved.
Mr. Johnson: Second.
CONSENT AGENDA
PLANNING
1. Z-13-38 – A request for concurrence with the Augusta Georgia Planning Commission to
approve a petition by Patrick J. Rice, on behalf of Berckman Residential Properties,
requesting a Special Exception to allow public parking areas per Section 8-2(b) of the
Comprehensive Zoning Ordinance for Augusta, Georgia affecting property situate, lying
and being the State of Georgia, and in the County of Richmond described as follow: Tract
A consists of three tax parcels that total 3.57 acres and are known as 403, 407 and 415
Berckman Road. Tax Map 018-0-087-00-0, 018-0-88-00-0, & 018-4-038-00-0 DISTRICT 7
Tract B consists of three tax parcels that total 3.33 acres and are known as 330 and 331
Heath Drive and 1117 Stanley Drive. Tax Map 019-0-035-00-0, 019-0-001-00-0 & 018-0-
073-00-9 DISTRICT 7 Tract C contains .38 acres and is known as 2704 Hillside Lane. Tax
9
Map 019-0-040-00-0 DISTRICT 7 Tract D contains approximately .46 acres and is known
as 373 Heath Drive. Tax Map 018-0-086-00-0 DISTRICT 7
2. Z-13-39 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the following condition 1) that there be a 50 foot building setback on the
north property line (the property line adjacent to Kingston Subdivision); a petition by
Robert W. Gropp requesting a Special Exception for the expansion of an Equestrian
Center, per Section 26-1 (i)-containing approximately 21.4 acres and is known as 1333,
1337 and 1339 Jackson Road (Tax Map 031-4-036-09-0; 031-4-036-08-0; 031-4-036-05-0)
DISTRICT 3
PUBLIC SERVICES
4. Motion to approve New Ownership Application: A.N. 13-25: request by Krupa P. Patel
for a retail package Beer & Wine license to be used in connection with Lucky Store located
at 1801 Marvin Griffin Rd. District 1. Super District 9. (Approved by Public Services
Committee August 12, 2013)
5. Motion to approve New Application: A.N. 13-26: request by Michael R. Griffin for an
on premise consumption Liquor, Beer & Wine license to be used in connection with Texas
Roadhouse Holding, LLC DBA Texas Roadhouse located at 107 Sherwood Drive. There
will be Sunday Sales. District 7. District 10. (Approved by Public Services Committee
August 12, 2013)
6. Motion to approve a not to exceed component change of $184,420.00 to the existing
Purchase Order P202090 changing the asphalt paving to concrete paving for the
transportation loop and parking at the Webster Detention Center as requested by the
Sheriff’s Office. (Approved by Public Services Committee August 12, 2013)
7. Motion to approve the Contract Management, Inc. Contract Modification #2 for the
Closeout of the Fire House Renovations Project as approved by the Augusta Regional
Airport Aviation Commission at their June 20, 2013 Meeting. (Approved by Public
Services Committee August 12, 2013)
8. Motion to provide authorization to Turner Construction Company to award Bid
Package #4a (Mechanical and Plumbing), Bid Package #5a (Masonry) and Bid Package #7
(100% Paint, Flooring, Millwork, Modular Glass, Door, Frames, Hardware, Caulk,
Fireproofing and Specialties) in the amount of $9,409,661.00, which provides for ongoing
construction of the Augusta Georgia Municipal Building Renovations and Modernization.
(Approved by Public Services Committee August 12, 2013)
PUBLIC SAFETY
12. Motion to approve acceptance by the Juvenile Court of Richmond County of a $250,000
non matching grant to provide Multisystemic Therapy to reduce the rate of felony
commitments to DJJ and Short Term Program sentences. (Approved by Public Safety
Committee August 12, 2013)
13. Motion to authorize transfer of funds from Wireless Phase Fund Balance Unreserved to
the E 9-1-1 Operating Budget for 2013 in the amount of $684,000.00. (Approved by Public
Safety Committee August 12, 2013)
FINANCE
10
14. Motion to approve the purchase of one trailer mounted air compressor with assorted
accessories for Augusta Engineering Department–Engineering Maintenance. (Approved by
Finance Committee August 12, 2013)
15. Motion to approve the purchase of one trailer mounted 8 inch pump for Augusta
Engineering Department-Engineering Maintenance. (Approved by Finance Committee
August 12, 2013)
16. Motion to approve the purchase of mid-sized hydraulic excavator with transport trailer
for Augusta Engineering Department-Engineering Maintenance. (Approved by Finance
Committee August 12, 2013)
17. Motion to approve the purchase of one trench compactor with transport trailer for
Augusta Engineering Department-Engineering Maintenance. (Approved by Finance
Committee August 12, 2013)
ENGINEERING SERVICES
19. Motion to approve the committee’s recommendations of appointing the selected
engineering firms to the specific engineering discipline roster for design of future AUD
projects. (Approved by Engineering Services Committee August 12, 2013)
20. Motion to approve funding for the final phases of the Design Consultant Services
Agreement to LPA Group for the Riverwatch Parkway at I-20 Corridor Improvements
Project in the amount of $616,671 as requested by AED. (Approved by Engineering
Services Committee August 12, 2013)
21. Motion to receive a cost analysis in 30 days from Mr. Johnson and Mr. Ladson
regarding the purchase of a herbicide to slow the growth of the vegetation in the areas of
vacant lots and on the right-of-way and other options. (Approved by Engineering Services
Committee August 12, 2013)
22. Motion to approve the notification of the award of a contract with Eagle Utility
Contracting, Inc. for services associated with construction of the Smokey Road Waterline
Upgrade Project under the Task Order Program for Infrastructure for RFQ# 11-130 in the
amount of $185,293. Bid Item #13-167. (Approved by Engineering Services Committee
August 12, 2013)
24. Motion to approve Sole Source Procurement of a Laboratory Benchtop Trihalomethane
Analyzer for the Utilities Department. (Approved by Engineering Services Committee
August 12, 2013)
25. Motion to approve Sole Source Procurement of Replacement Parts for Hypochlorite
Generation Equipment for the Utilities Department. (Approved by Engineering Services
Committee August 12, 2013)
PETITIONS AND COMMUNICATIONS
26. Motion to approve the minutes of the regular meeting of the Commission held August 6,
2013 and Special Called Legal Meeting held August 12, 2013.
ADDENDUM
34. Motion to approve the appointment of Ms. Erin Peacher to the Animal Services
Advisory Board representing District 7. (Requested by Commissioner D. Smith)
11
35. Motion to approve the appointment of Mr. Gary Waugh to the General Aviation
Commission at Daniel Field representing District 10. (Requested by Commissioner G.
Smith)
36. Discuss and approve $200,000.00 of Local Maintenance and Improvement Grant
(LMIG) funding through GDOT for emergency repair of Mims Road.
Mr. Mayor: We have a motion that’s been properly seconded. If there’s no further
discussion Commissioners will now vote by the usual sign.
Motion Passes 10-0. [Items 1-8, 12-17, 19-22, 24-26, 36]
Mr. Mayor: Thank you, Madam Clerk. If we could go to the first pulled item, please.
The Clerk:
ADMIISTRATIVE SERVICES
9. Motion to approve presentation by Mr. Ellis Albright of the CSRA Business League
regarding minority, women and disadvantaged businesses. (Approved by Administrative
Services Committee August 12, 2013)
Mr. Mayor: Mr. Guilfoyle, I believe this was yours.
Mr. Guilfoyle: No, sir, Mr. Mayor, it was not.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. Mr. Albright has been here on several
occasions and the last occasion was during the last committee. And I didn’t have a quorum
therefore I did not allow him to speak. But I hope this will be the final time for him. Mr.
Albright.
Mr. Mayor: Okay and Mr. Albright if you could keep it to five minutes, please, sir.
Mr. Albright: Not a problem, Mr. Mayor, not a problem.
Mr. Mayor: It’s not like we haven’t heard you before.
Mr. Albright: Good afternoon, Mr. Mayor and Commissioners. I thank this body for this
wonderful opportunity. As we all know God he said be the change you would like to see. The
CSRA Business League would like to be that change that we would all like to see including this
commission. We’re trying to be that gap until someone files a complaint or files an injunction or
files whatever we need to do to remove the injunction against Augusta Richmond County in
regards to minority, disadvantaged, small, veterans, women owned businesses. We are trying to
bridge that gap because until that happens we will continue to be on the side of wrong and not on
the side of right. So we’re here again for the fourth time. And as I said before I would come
every time until necessary until we are allowed to have a conversation with the Administrator,
12
the DBE Director and the CSRA Business League. For so long we can have all the Disparity
Studies in the world but if there is no action then the Disparity Studies mean nothing.
Somewhere along the line there has to be some action. And there has to be action on the part of
this governing body because you were elected to be fair to everybody. Not just a chosen few not
just friends or relatives but to everybody within the confines of Augusta Richmond County. So
we’re here again just in the spirit of fairness. Fairness to everybody who owns a business in this
county who has yet to experience that thrill at being at the economic table in regards to getting
contracts from Augusta Richmond County. And we’re talking about those small minorities,
disadvantaged women, veterans. Those businesses who don’t have the great big friends or
money in order for them to low bid and get the bid. So again we ask for a simple conversation
between the Administrator, the DBE Director and the CSRA Business League. I thank you and
I’m open for any questions.
Mr. Mayor: Thank you, sir. Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Albright, I know that you want to promote
minority business but ---
Mr. Albright: Not just minority the small, women, disadvantaged women and veterans.
Mr. Guilfoyle: Okay. I’m actually a minority business myself but I think the only person
that has ever reached out was DBE that has sent us the paperwork to do work with the
government but that is a, we won’t respond to that because there’s no reason to even pursue that.
But she’s actually trying to do her job. What you’re asking is to speak with the Administrator
Fred Russell. All right. When you speak with the Administrator was is, I don’t know this
body’s intent whether to hire the CSRA Business League and do away with our DBE or work
hand in hand. Please explain that.
Mr. Albright: Our proposal, Mr. Commissioner, works hand in hand with the DBE
Coordinator of Augusta Richmond County because there’s a gap there and understanding that
you are a minority owned business and you may have that hand up. But a lot of minority owned
businesses, small business and disadvantage business, women and veterans they don’t have that
opportunity.
Mr. Guilfoyle: Mr. Albright ---
Mr. Albright: So there needs to be a gap there somewhere. And since the city is enjoined
from not being able to do that we would like to bridge that gap.
Mr. Guilfoyle: Mr. Albright, it was my decision not to pursue it. This is actually before I
came on the Commission by the way. It was my choice not to pursue it. Now if there’s
something with our DBE is not doing her job is that what you’re trying to say there’s a gap
there? Please explain because I know we got a, well we had judges was in here. We’ve got a
judge that’s ruling that actually keeps a thumb on us that we cannot promote.
13
Mr. Albright: And again, Mr. Commissioner, I understand exactly what you’re saying.
But there is a gap there because the City of Augusta Richmond County is enjoined from doing
any kind of race gender based program. We as a non-profit organization have that opportunity.
We aren’t bound by no court order anywhere.
Mr. Albright: But it’d be arms length transaction from the government working hand in
hand but the CSRA Business League. Would that be correct?
Mr. Albright: If you’re working, if we are the certifying agency minority the minority
disadvantaged veterans business agencies and the city is just a partner. However Ms. Gentry,
who’s in the position, would be the liaison between the CSRA Business League a non-profit and
the government which is a profit or the government which is no currently enjoined from doing
anything.
Mr. Guilfoyle: Mr. Albright, I don’t have a problem with you speaking with the
Administrator but I’m going to lean on my DBE Coordinator here to after ya’ll meet to find out
if this is justified to pursue doing business with the CSRA Business League at that point. But I
will say yes on this one but we have not seen any numbers what your intent is or anything like
that.
Mr. Albright: I beg to differ, Commissioner, because our proposal is included in the
book.
Mr. Mayor: Okay. Commissioner Williams then, were you done Commissioner
Guilfoyle?
Mr. Guilfoyle: Yes, sir.
Mr. Mayor: Commissioner Williams then Commissioner Smith.
Mr. Williams: I’m just figuring out where to start at. I thank you, Mr. Albright, for
coming and trying to enlighten people who are especially in business and know how business
works who ought to be instructing you or to be telling you how to get those businesses that
you’re trying to represent. We have been enjoined by the courts and we can’t do anything
through legal processes and I don’t have a business, veteran no kind. I mean I’m just a
concerned taxpayer. But I commend you 100% to at least want to have a conversation. And I
can’t understand how anybody that sits up here on my right or my left cannot understand how
you want to just talk about some issues that we’ve been dealing with for quite a long time that
we spend over $500,000 dollars and have not moved on it yet. Any businessman would want
you to commensurate at least talk about it at least bring it to the table and see what you would be
able to do to help those businesses that stand outside those walls struggling trying to get a foot
hold or trying to get an opportunity. Now you’re talking about fair I mean fair is fair but if you
don’t give people that opportunity we won’t have it. So I’ve been trying I put you on the agenda
several times for whatever reason it’s been turned down. But again I can’t see how nobody in
business could not understand what you want to do by bringing a conversation to the
Administrator, the DBE and your non-profit organization. Now if you were for a profit now I
14
could see them kick it but for nonprofit something ain’t right. I’m sick of folks talking about
what they do and not showing, not living not coming to the table. If you’re not even willing to
talk to me ---
Mr. Mayor: Commissioner, you want another two?
Mr. Williams: Yes, sir. If you’re not willing to talk to me about a situation I know
you’re not going to try and help my situation because you don’t want to hear what I got to say.
And that’s been the case here right now we had not even wanted to join a conversation to find
out what you could do and what you cannot not do. Like it’s going to take something from
somebody. And some folks need some stuff took from them but we won’t get into that we’ll just
stay where we’re at. But I commend you again I’ve been in support because I know the people
who come to you. I know the people who come to me their struggling talking about how can the
city be the second largest city in the state of Georgia and don’t have one, I’m talking about zero
minority participation for its contractors. We lay some bricks and we cut some grass but that’s
about all. So I take issue with that and I ain’t making no bones about it. I’m sick and tired of
being sick and tired of folks coming up with an excuse that won’t even hold a conversation with.
Mr. Mayor, thank you for my extra two.
Mr. Mayor: Thank you, sir. And Commissioner Smith then the Mayor Pro Tem then the
other Commissioner Smith on this end.
Mr. D. Smith: Thank you, Mr. Albright. I’ve just got a couple questions I want to maybe
get some clarification. You, my colleague Mr. Williams says that you’ve been prevented from
having a conversation with the Administrator. Has there somebody that has stood in the way of
you calling Fred and saying I want to come up here and sit down in your office and talk to you?
Mr. Albright: Mr. Commissioner ---
Mr. D. Smith: I mean I ---
Mr. Albright: --- with all due respect I’m going to answer your question. We try to do
things the right way. And the right way is to ask for permission to do something. We came to
this Commission at the last meeting we asked for a conversation that was voted down. It was
even voted down to be received as information. So in our essence yes we have been prevented
from doing the right thing by coming down and getting this body’s approval to have that
conversation.
Mr. D. Smith: This is a public building and Fred is a public employee. And people come
to see me all the time and people come to see other people in our government and they’re not
prevented. So I was just curious about that but you answered that question and I’ve just one or
two more things for you. If we were to enter into some kind of agreement with you how’s the
federal court going to look at that. Because you are acting as our agent and if we violated some
law or some rule our agent even though they did it we’re responsible for it as the city. So how
do you, is there some mechanism that I don’t understand because I’ve read the Disparity Study
15
two or three different times now. Is there some mechanism that you have access to that our DBE
people don’t have access to?
Mr. Albright: We as a nonprofit organization Commissioner we have the opportunity to
go out certify, recommend do all those things that you enjoy (inaudible). Because right now the
city can’t do that.
Mr. D. Smith: Well, I’m really confused now because it’s my understanding that part of
us being able to get out from under this is that we certify the people as minority businesses
within Richmond County and that puts them on the list. So you’re telling me we’re prevented
from, the federal court’s telling us we can’t do that?
Mr. Albright: It’s my understanding all we’re trying to do Commissioner is to be that
agency because right now whether it’s done by DBE, whether it’s done by Procurement
whoever’s doing it we’re trying to insure that everybody gets part of that. And if you are stating
that DBE they should be doing it I’m not and I will not address that because I don’t know. All
I’m saying is here is my proposal this is the proposal that we have we’re in contact with the DBE
person here in the city of Augusta. We’ve talked about some of these things and we want to be
that person in the gap.
Mr. D. Smith: Okay, I’ve got two questions that and then I’ll be done because ---
Mr. Albright: Ask as many questions as you like.
Mr. D. Smith: Thank you. The Richmond case which the federal courts relied on and
then the Thompson case said that you have to do these, that to have a minority program to allow
for an amount of work to be set aside or for us to have a DBE had to be done with the smallest
interruption to the government and the smallest interruption to the community. And part of that
was that we had to ---
Mr. Mayor: I’ll recognize you for two more.
Mr. D. Smith: Thank you. That we had to identify and register businesses, DBE
businesses within our community in order for us to have a full picture of how much business was
being done and not being done. And it said we had to do that in the smallest manner. So my
question to follow up on that statement about the Richmond case is how many businesses do you
think you could, or that’s a bad question. Do you intend to only register businesses with the
Richmond community because that’s what the Richmond County, the Augusta Richmond
County because the Richmond Virginia case said you couldn’t go to North Carolina and
Maryland and places like that. So my concern is that what’s going to happen here is that we go
to Atlanta and we register a bunch of Atlanta companies that are shell companies that have a
trailer with two people who are working in them and a phone here in Augusta and they’re owned
out of Atlanta. So my concern if you are to enter into this with the government is that it is people
that are live here, work here and have a business here and they’re not from Savannah or Atlanta.
Can you elaborate on that for me?
16
Mr. Albright: Yes, Commissioner. We deal with Augusta Richmond County. We deal
with the CSRA. However, understanding your concern that has never entered into our minds
because we’re only concerned about local participation. We are concerned about what happens
from the contractors in Savannah, Atlanta. If they come here and try to register with us that’s a
no go basically because we have already been talking about the SPLOST. And with the TEE
SPLOST we still aren’t using companies from this area in regards to the TEE SPLOST. And we
aren’t recommending anyone from anywhere but from Augusta Richmond County.
Mr. D. Smith: One last question Mr. Mayor, actually it’s two. TEE SPLOST is not
under our domain it’s under the GDOT, Georgia DOT, right?
Mr. Albright: They have a program.
Mr. D. Smith: They have a program so we’re we really shouldn’t be involved in that
conversation as you and I are talking because GDOT’s handling that under ---
Mr. Albright: In some ways we should be.
Mr. D. Smith: --- okay. The second thing is you have said that ya’ll are nonprofit and
yet you ask us to pay you $175,000 dollars. So is that going to affect if we were to go into this,
how would that play into this you acting at an arm’s length transaction and yet saying you’re a
nonprofit but we’re paying you for something. So how does that work?
Mr. Albright: Commissioner, in the nonprofit arena you are allowed to conduct services.
You are allowed to get paid for those services. You can’t make an enormous profit and we
aren’t out to make a profit. The profit, the proposal that we submitted is bare bones. Bare bones
to the least amount of money that it would take to insure that we do a program the right way.
Insure that it is fair and shows that everybody participates.
Mr. D. Smith: Thank you, you’ve been very informative to me. I appreciate it.
Mr. Mayor: Okay. Mr. Mayor Pro then Commissioner Smith then Commissioner
Lockett in that order please.
Mr. Johnson: Thank you, Mr. Mayor. I would just like to say I think at the end of the
day it’s upon us to really just make the decision to allow them to have a conversation. I don’t
think we’re asking or they’re asking, asking us to approve anything right now. They just simply
want to have some dialogue. They may find out some things they can do some things they can’t
do but let’s be realistic. The real issue lies you know upon us and we’ve got to deal with that and
that’s some of the things that we have talked about over and over again. And I think that’s
something we need to really grab a hold to and really start to address and deal with it. But I
don’t see an issue with them having some dialogue. They’re not saying hey here’s the contract
approve it they’re just saying let us have the conversation that we want to do it by way of you
know the blessings of the Commission to be able to do that. So I don’t want us to get too bogged
down. Mr. Albright thank you. You’ve been here several times. I heard you every time you’ve
come and it’s clear. And I think they only thing you’re saying is you just want to have that
17
conversation. So we’re getting caught up in the actual contract and we’re not even talking about
that right now so let’s just deal with that aspect of it and move forward.
Mr. Mayor: Yeah, I’d just say if you want ---
Mr. Johnson: That’s my motion. That’s my motion.
to instruct the Administrator and the DBE
Mr. Mayor: The form of the motion is
Director to get together with the CSRA Business League to discuss this further?
Mr. Johnson: Yes, sir.
Mr. Mason: Second.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioner
Smith did want to.
Mr. G. Smith: I was just going to (inaudible).
Mr. Mayor: Okay. Commissioner Williams, I’ve gotten you twice. I’ll give you one
more minute after I get Commissioner Guilfoyle who I’ve not gotten twice.
Mr. Guilfoyle: Yeah, I’d just like to make a little point of clarification from my
colleague here. Apparently he didn’t hear a word I said. I told you I would agree for you to
speak with the Administrator and DBE. Yes, I am a business man. I do sign a front of a check, I
do pay property taxes. I do employ people and I am the one who stays up figuring out how to
make payroll and all this. So if I’m at fault for being a business owner I’m sorry but I’m not
going to apologize to you or anybody else for doing what’s right. You may speak with them and
the motion’s already up there but as far as anything else we’ll wait to see what comes back from
our ---
Mr. Albright: (Inaudible) because I’m not sure what you’re talking about did I accuse
you (inaudible).
Mr. Guilfoyle: No, sir.
Mr. Mayor: No ---
Mr. Guilfoyle: It wasn’t you whatsoever.
Mr. Mayor: --- well, that’s take it down a notch. Deep breaths everybody, deep breaths.
Commissioner Williams, I’ll recognize you for one more minute.
Mr. Williams: I just want to get some clarification.
18
Mr. Lockett: Mr. Mayor, you didn’t recognize me at all. I’ve had my hand up
(inaudible).
Mr. Mayor: No, I said and Commissioner Williams, I apologize. I did say in that order
I’d recognize Commissioner Smith then Commissioner Lockett but Commissioner Lockett had
not yet had his time. So Commissioner Lockett.
Mr. Lockett: What I’d like to say, Mr. Albright, what you asked for we could’ve given
you on your first visit here. All you asked for was an opportunity to enter into dialogue with the
Administrator with the DBE. And we’ve sat up here for the last I don’t know how many minutes
and asked you questions about the CSRA Business League, DBE and so forth which is
completely over our head. This is what you and the DBE Director and the Administrator was
going to do. And once they came to some kind of consensus they were going to bring it back to
us. This is not the forum to interrogate him. And another thing too is I am completely sick and
tired with all this ‘I’ stuff on this body. This is a collective body. It’s ten of us. Don’t know one
person on this Commission to make a decision that’s going to impact all of us directly. No more
of the ‘I’ stuff. This body will decide whether or not Mr. Albright is allowed to talk to the
Administrator and the DBE not one individual Commissioner. Thank you, Mr. Chairman.
Mr. Mayor: Okay and I’m not going to take offense but I think there are eleven people
up here not ten. Commissioner Williams.
Mr. Lockett: There’s not going to be no ties today.
Mr. Williams: I just wanted to bring to the attorney address the issue that my colleague
Mr. Donnie Smith brought what is legal. And I think the Attorney ruled or gave a ruling that it
was nothing wrong with the process and I asked for him to speak to that. And that’s all I wanted
to do Mr. Mayor because I don’t want to do anything that’s not legal that’s going to cause us
additional problems. But this is something that should’ve been done.
Mr. MacKenzie: Sure, I’ll be happy to do that. And I would anticipate that if there was a
discussion if this motion passes with the Administrator that any proposal that was ultimately
approved by this body if there was one with any services that would be provided by the CSRA
League would be perfectly within the realm and legality of any existing law or any court order
out there. And that would be my intent is to be to make sure that we didn’t do anything to
violate the court order.
Mr. Mayor: Okay and hang on Commissioner Smith. I’ve gotten you twice but I’ll get
you for one more minute. I’m keeping track there but Commissioner Jackson had his hand up.
Commissioner Jackson.
Mr. Jackson: I guess, Mr. Albright, what is, the elephant in the room to me is how did we
get to this point having to get outside help to get us out of this enjoinment? Is staff not doing
their job properly are the numbers skewed? Please enlighten me on why we have to spend
additional potential seven or $175,000 dollars to get us out of this enjoinment.
19
Mr. Albright: With all due respect Commissioner I cannot speak to an employee of
Augusta Richmond County and whether or not they’re doing or whether or not they’re doing.
My concern here is the CSRA Business League with all due respect.
Mr. Jackson: And, thank you, but the follow up to that is what got us to this point? I
think that that’s the point that needs to be addressed for everybody.
Mr. Albright: I think what got us to this point is the lack of will or whatever it is to go
the court and ask the court to take away the injunction and let’s move forward.
Mr. Mayor: Okay, Commissioner Smith for one more minute and then ya’ll ---
Mr. D. Smith: Yes, sir. Andrew, this question is for you, Mr. Mackenzie.
Mr. MacKenzie: Yes, sir.
Mr. D. Smith: Mr. Albright said we need to go to the court and ask them to take the
injunction away. We have to have a plan in place to do that. Is that correct, sir? We just can’t
say hey let us out from under this.
Mr. MacKenzie: Well, the greatest likelihood of success would be to do a strategic plan
and to analyze all the likely requirements and make sure that you meet those requirements so that
your chances of success would be much higher.
Mr. D. Smith: Can we get some way to get that done because I want us to be able to
move with this. I’m tired of hearing about it and I want to be able to do what’s good for our
community but we need to know where to go. And I’ve read that Disparity Study and I’ve read
the Thompson decision and it defined what we need to do. I want to know from you if Mr.
Albright can act as our agent without violating that court order.
Mr. MacKenzie: The answer to that is yes as long as what he’s doing is not in violation
of the court order which could be addressed in any parameter of any agreement that the
government had with his organization.
Mr. D. Smith: Thank you.
Mr. Mayor: Okay. Commissioner Mason.
Mr. Mason: I going to be very brief and I hope we can go to the vote. I’m glad the city
Attorney cleared it up. Absolutely he can act as an agent. So now that we’re clear on that,
hopefully that will help us all out some. But at the end of the day the very thing that has been
asked for and I think this is going to go to you too Commissioner Smith that you’re talking about
as far as a plan and a path forward. If you’re not having the discussion you’re not going to get a
plan. So the question is or the question that’s been raised and the request is to have the
discussion. And so I think we’ve got a motion that addresses that and I hope we can go ahead
and vote on that at this point because that will get us to a potential plan or maybe that will let us
20
know that that’s not part of the plan one way or the other. So if we could, I’m ready to vote on
it, Mr. Mayor, if we could do that.
Mr. Mayor: I agree. If everybody’s ready to vote if there’s no further discussion
Commissioners will now vote by the usual sign.
Mr. Smith: What’s the motion?
Mr. Albright: To allow the conversation.
Mr. Mayor: To task the Administrator and the DBE Director with getting with the ---
Mr. Smith: (inaudible) voting on that’s all. I don’t want to give him $175,000 right now
if we don’t have to.
Mr. Mason: No, and we don’t have to.
Mr. Mayor: All right, let’s move along.
Mr. Jackson votes No.
Motion Passes 9-1.
Mr. Mayor: Madam Clerk, next agenda, pulled agenda item please.
The Clerk:
ADMINISTRATIVE SERVICES
10. Motion to approve Laney Walker/Bethlehem Revitalization Project-Bridge loan request
of $2,500,000.00 to continue existing/future development projects until the next bond
issuance in middle to late 2015. (Approved by Administrative Services Committee August
12, 2013)
Mr. Mayor: Commissioner Smith. Oh, Commissioner Guilfoyle, was this your pull?
Mr. Guilfoyle: It was.
Mr. Mayor: Okay, Commissioner Guilfoyle. Excuse me Commissioner Smith.
Mr. Guilfoyle: Chester, as far as this 2 ½ million dollar loan I was not here last week
during in the committee’s meeting nor did I have time to go over this. But talking with my
colleagues and all I think it would be in the best interest to send this back to committee for you to
give us some ideas where this 2 ½ million dollars going to, where the 7 ½ million dollars was
spent and try to give us some little.
Mr. Wheeler: I’d be happy to do that, sir. Last week I had documents but (inaudible) up
to date.
21
Mr. Guilfoyle: I would like to see if we could move it to committee.
Mr. Mayor: Okay, would you like to put that in the form of a motion?
Mr. Guilfoyle: I make a motion to send this back to committee.
Mr. D. Smith: Second.
Mr. Mayor: We have a motion that’s been properly seconded. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. Mr. Wheeler, if this is delayed for another two
weeks would that have an adverse impact with your operation?
Mr. Wheeler: Another two weeks probably not. But if we go beyond that we would have
some serious financial implications.
Mr. Mayor: Okay.
Mr. Guilfoyle: Thank you, Mr. Wheeler.
Mr. Mayor: Commissioner Williams.
Mr. Williams: In that answer that Mr. Wheeler just gave if we take this back to
committee and it does give a problem or doesn’t come to a six vote and that puts him back
shouldn’t we discuss this whether it be today or tomorrow versus waiting two weeks and then
saying hey you know we can’t do it? I mean I’ve got some questions myself but if we’re going
to send it back to committee he just stated two weeks wouldn’t be a problem. But after that it’s
going to create a problem. So are we going to sit here and take that chance? Is that what we’re
trying to do?
Mr. Mayor: And, Commissioner Williams, I would suggest and just a suggestion but,
Mr. Wheeler, you would be available to speak to Commissioner individually to answer questions
between now and the committee meeting?
Mr. Wheeler: Absolutely at any time. All I have to do is be notified as to when and
where and I can come to your office or wherever the case may be.
Mr. Mayor: So that way it doesn’t hold us up.
Mr. Williams: I mean I’m just trying to look out for Mr. Wheeler. I think if he’s going
to wait two weeks and if you cut him off he’s going to meet in my car. That’s where my office
is. But I’m being real up here. Some folks might offer for you to go sit down and have a cup of
coffee but you’re going to have to catch some of us and some of us you’re not going to catch.
Some of us are not going to be available you’re not going to get the answers they’re not going to
22
get to vote. And you’re not going to get the funds you need to proceed like you want to proceed.
Now ya’ll I mean its fine with me we send it back to committee.
Mr. Mayor: Okay. Commissioner Guilfoyle.
Mr. Guilfoyle: Yes, Mr. Mayor, just a point of clarification. If on committee day we
have a quorum seven or more if we need to take a vote on it, can we do so on a committee day?
Mr. Mayor: Mr. MacKenzie, I don’t believe that we can if it’s not a Special Called
Meeting.
Mr. Guilfoyle: The renovations was done here.
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: You could call a Special Called Meeting before the committee starts
and have a discussion on it as long as you comply with the notice of requirements of the Georgia
Open Meetings Act.
Mr. Mayor: Okay.
Mr. Williams: In a called meeting, Mr. Mayor, what would that consists of notification
of who? I mean I’d like to know how the called meeting works now. I think the general public
needs to know how the called meeting works ---
Mr. Mayor: Yeah I’m ---
Mr. Williams: --- if you’re going to call a meeting.
Mr. Mayor: Mr. MacKenzie, correct me if I would call the Special Called Meeting which
would allow for a majority of Commissioners to vote in that given meeting. Correct?
Mr. MacKenzie: That’s correct.
Mr. Mayor: Okay. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I just wanted to say you couldn’t very well
have it on the Administrative Services because by the time you get to me everybody’s gone.
Mr. Mayor: Okay. We also could rotate it. Mr. Mason then Commissioner Fennoy.
Mr. Mason: Thank you, Mr. Mayor. In the past and people may not really care for this
procedure but certainly up here we’ve in the past, Andrew, maybe you want to correct me on my
terminology in case I get it wrong but we’ve had something that was written up by the Clerk’s
office that has the ability for all of our signatures to go on. And if there were six signatures or
more and this was outside of Commission and outside of Special Called Meetings if there was
23
six signatures or more it passed. At this point I can’t think of exactly what that is. Maybe you
can explain that. But I know we’ve done that in the past.
Mr. MacKenzie: This is commonly known as a Six Signature Letter. I would not
recommend that due to the changes in the Georgia Open Meetings Act, the most latest revisions
to that. It would be my suggestion that you have a public meeting instead of using that forum.
Mr. Mayor: Okay.
Mr. Mason: Can I just follow up on that, Mr. Mayor, because we just did that just
recently. So you’re saying there’s been some change? Okay, yeah, we did do it in February.
Okay.
Mr. Mayor: Okay, Commissioner Fennoy and then back to Commissioner Williams.
Mr. Williams: Yes, the only thing I want to say is that you know when we have the
purpose behind committee meetings so that we could discuss items that are going to come up on
the agenda. And because I mean there are going to be times when Commissioners may not be
able to make a committee meeting. And because they can’t make a committee meeting I don’t
think sending something that’s already been to committee and has been placed on the agenda for
Commission meetings I don’t think it should go back to the committee. So we just need to try
and do a better job of making committee meetings and staying at committee meeting when
committee meetings are being held.
Ms. Davis: Amen.
Mr. Mayor: Okay. Commissioner Williams and then Commissioner Jackson.
Mr. Williams: I just want to say to Mr. Wheeler and I better not say it like that but let me
say this, Mr. Wheeler. If you don’t if you believe that you’re going to get six signatures and you
can’t get people to even talk about it then you’re not as smart as I thought you was. I’ll leave it
at that okay. If you think you can get six signatures and I heard the Attorney say that you know
you’ve got to be with the open record act you got to do some things differently. But if they can’t
meet with you and talk to you they’re not going to sign nothing even in your presence. So that’s
---
Mr. Mayor: Thank you, sir. Commissioner Jackson.
Mr. Jackson: Thank you, Mr. Mayor. Mr. Wheeler, what do you pay in consulting fees a
month?
Mr. Wheeler: I pay $45,000 dollars a month. I have at one time the highest number of
nine employees that are not on my staff. I know have seven employees that are not on my staff
that provide project management services.
24
Mr. Jackson: Well, that’s great you’re saving some money but still $45,000 dollars a
month. Where’s the other $17,000 going? Isn’t there one out there for $17,000. I guess my
point being is how much more do we need to consult in when you’re down to the $2.5 million
dollars? And doing rough math even if it’s at $55,000 a month you’re looking at $660,000
dollars a year that could be spent better in the community. And I know that the 2.5 is going to
get you to the end of two years and then you’re not going to have any money for five years
unless you have additional revenue sources.
Mr. Wheeler: Commissioner, real estate development is a very technical endeavor.
Mr. Jackson: I understand that but at 2 ½ million dollars in two years you’re not going to
have any money for the next five years without a funding revenue source. I’ve done the math
and I’ve asked the questions.
Mr. Wheeler: My math doesn’t tell me that I’m going to spend that much in 2 ½ years.
Mr. Mayor: Okay, we have a, Commissioner Smith.
Mr. D. Smith: Mr. Wheeler, are we paying $6,000 a month in a fee for marketing?
Mr. Wheeler: Yes, sir, we are.
Mr. D. Smith: So we’re paying $72,000 dollars a year in marketing and yet every house
that we’ve got down there is already sold. What are they still marketing?
Mr. Wheeler: Our requirement was to rebrand the neighborhood. If you maybe had, let’s
say the neighborhood when we started was a very blighted neighborhood and there are large
pockets of it still today. It requires a complete rebranding of a neighborhood so that persons who
are interested in moving back in will have some comfort level of security. Of all of the other
things that bring about a safe quality of life in a neighborhood, that unfortunately been lost over
the years. That is not something that a real estate company does. They do not rebrand
neighborhoods.
Mr. D. Smith: Well, I’m, here’s another thing that I’m concerned with. Did we when
those houses were sold were each one financed by a bank or did you and your department
finance it using our money?
Mr. Wheeler: There we two homes if I’m not mistaken that were financed in house that
was approved by the URA to do so. The URA was the governing board and notices to the fact
that they authorized us to self finance up to eight units and we have not financed eight units. We
have only financed two units.
Mr. D. Smith: I guess what just bothers me is that we’ve ---
Mr. Wheeler: Can I explain why?
25
Mr. D. Smith: Sure.
Mr. Wheeler: The reason is establishing a market the new appraisal process requires that
appraisals are established no more than a mile from the central point of the development. If you
take one mile from Pine Street you would never get a comparable to justify the investment we’re
making to try to change the neighborhood. So the strategy was to reestablish value by
establishing a comparable sale that is self financed that is allowable in the real estate appraisal
market. That’s why we did it. We had no other motive to do that other than to help us establish
value. Bottom line, no other reason.
Mr. D. Smith: The House of Prayer’s built some houses down there, right?
Mr. Wheeler: They’re all rental.
Mr. D. Smith: Okay, but they built them and they didn’t spend any consulting money
and they didn’t spend any maintenance money and they didn’t spend any $6,000 dollars a month
and $29,000 a month and they’re right in the same neighborhood. And I’m just confused.
Mr. Wheeler: I can’t, I can’t comment on what they spent. I know that they paid their
staff to manage it. The good part about it is they don’t accept anybody’s money. They don’t
accept bank money, grant money and no other (inaudible).
Mr. D. Smith: And if they can get it done with that I can’t understand why we’re paying
$48,000 dollars a month to get this done. I mean $48,000 dollars a month is a lot of money
folks. Thank you, sir.
Mr. Mayor: Okay, I just do want to make one comment. You know, I think Chester
made a good point about rebranding a neighborhood. What the city’s been able to do and it’s
still we’re at a 7-1 private to public investment ratio, correct, Chester? The city’s been able to
really build some energy within the neighborhood that the House of Prayer has practically taken
advantage of and doing their units next to an area that we’ve rehabilitated. And you know this
has received national awards these redevelopment efforts. The American Planning Association
was mentioned so it’s not like this is being done with smoke and mirrors. People are betting the
process and it’s becoming a model for other cities to follow. Commissioner Williams.
Mr. Williams: I just wanted to ask I guess one question to Mr. Wheeler and that’s how
many properties are we talking about? Not the homes that should be. How many other
properties? I was kind of stunned when I heard $40,000 dollars for marketing then $6,000 a
month for advertisement. I understand about the reinvesting in the neighborhood and trying to
get the neighborhood to build and have comfortable homes in that area but we’ve got to realize
where we are and what we’re building. So I guess my question was how many properties do you
have or are you building on or you plan to build on. How many properties? I just need a
number.
Mr. Wheeler: Commissioner, if you will allow me it’ll take me one minute to go down a
document that I provided that will provide you with some information. The document that I
26
have before you which you have in your hand if you will start at the bottom, we have built 25
units. Nineteen of them are complete and sold I have six under construction. That does not
include the nine units that I have on Holly Street that I did not put borrowed money in. If I
include that number nine plus twenty-five is what I have built in terms of single family units. I
have built six rental units I have built four two-lane sixteen hundred linear feet two pocket parks
purchased 275 lots demolished 97 dilapidated units two rehabs and 14 mortgages. Out of the 19
six families did not require any mortgage assistance.
Mr. Williams: Okay and I appreciate that. I’m trying to count with you and I’m trying to
count the properties. I mean not how many homes you built.
Mr. Wheeler: About 275 properties.
Mr. Williams: 275 properties and we are paying $48,000 dollars a month to market all of
those out there. Is that right?
Mr. Wheeler: Yes, but we package our marketing materials to entice developers, real
estate and commercial and retail developers that we have to package.
Mr. Williams: Plus the $6,000 dollars a month for ---
Mr. Wheeler: The forty-five, Commissioner, is for project management. And let me say
that it is rare for you to find an inner city government the kind of talent in engineering and
construction related that you can employ in house and put them into a project of this magnitude
and not jeopardize what else you have going on and accomplish what you need. They just don’t
have that kind of discipline. So you hire the people ---
Mr. Williams: I understand that but ---
Mr. Mayor: Commissioner Williams, ask the last question then I’ll would ---
Mr. Williams: --- but we’re using public monies and when you’re talking about the type
you’re talking about in a private setting a private business you may be able to do that. But when
you’re dealing with the general public when you’re talking about doing stuff that other folks are
going to want the same thing if you can’t continue it you know you’re going up against the wall.
Mr. Mayor: Wrap it up, please, sir. I hate to interrupt you but, Commissioner Guilfoyle,
you had your hand up and, Commissioner Smith, I’ll get you for one minute. I’ve gotten you
twice actually but Commissioner Guilfoyle then Commissioner Mason.
Mr. Guilfoyle: Mr. Wheeler, I just wanted to let you know this information that you
brought forth today as well as it gives me time to look at the information. When in doubt I’m
going to vote no but I have seen the great wonders you have done for the Laney
Walker/Bethlehem. You have reviews nationwide attention. I even went to a couple of your
functions. The only reason I’m asking for it to be put back to committee is to give me time to
27
overlook it, oversee it and ask questions. I’ve always been supportive of you and that ain’t going
to stop now. So that was the only reason, sir.
Mr. Mayor: Thank you, Commissioner Guilfoyle, and I think that’s completely fair.
Commissioner Mason.
Mr. Mason: Thank you. I hope we can I hope we can use that standard of when in doubt
voting no on everything because historically it doesn’t appear that that happens up here. There
seems to be a lot of doubt in certain things but yes votes tend to come out. What I’ll say to you,
Mr. Wheeler, is we basically had the discussion here today but out of respect for my colleague
Commissioner Guilfoyle I’m going to, I was about to make a motion for approval but I’m going
to leave that on the table and you’ve already stated a couple of weeks is not going to necessarily
be a deal breaker on this. But let me say this and I think the Mayor has already addressed this to
some degree. This is not a simple marketing process first and foremost. If you’re talking about
and get this rebranding that means the brand that you had wasn’t sufficient for today and the
futuristic. And we complained by the way this commission, government and the city, the
citizens about Laney Walker/Bethlehem and how it looked and how it was. So that brand wasn’t
working. So when you talk about rebranding now it’s not a matter of simple marketing that’s
going to get you where you need to be to be an award winning projects like what we’ve seen
come out of this office. So there’s some costs that’s going to be associated with that period that
the House of Prayer is not going to have to deal with. And by the way, if you really look at the
situation with the House of Prayer they’ve benefited off what you’ve already done. That’s the
reality of the situation. And you’re talking about private monies. Private monies and public are
different.
Mr. Mayor: I’ll give you another two.
Mr. Mason: Thank you, Mr. Mayor. We’ve got to understand the difference between
private and public money. You can do different things with that okay? And unfortunately
working for the federal government they always think that federal government have a deep
pockets so they’re charging you three dollars for that bolt that you can go to the hardware store
and get for four cents. And unfortunately sometimes that’s the way that it works. But they key
that I want to put off here that I hope people understand is when you’re talking about rebranding
so perhaps while we’re going through this two week process we understand the true definition
and what it means about rebranding and what we’re trying to do with Laney Walker/Bethlehem.
And that may assist those that may be on the fence or have some questions or just you know not
familiar with this process. So I fully appreciate your explanations here. I’m going to, did you
make a motion to that affect? It’s already on the table, is it on the table? Do you have a second?
Mr. Guilfoyle: It’s already on the table.
Mr. Mason: And so but I at this point I’d like to call for a vote. I’m not sure that we
need to continue further discussion at this point if we’re going to have a meeting because we
have a lot of stuff on this agenda.
Mr. Mayor: Are you calling for the question?
28
Mr. Mason: Yeah, let’s move on it.
Mr. Mayor: Is there an unwillingness to proceed with the call for the question? That’s
correct? Okay and now, Mr. MacKenzie, we would vote correct on the readiness to further
discuss?
Mr. Lockett: I had my hand up before he made it.
Mr. MacKenzie: It’s my understanding that you have an objection to the call for the
question so you would vote as a Commission body on whether or not the question should be
called.
Mr. Mayor: Okay, the Commission will now vote on a readiness to call the question and
put this to a vote.
Mr. Williams: Hold it, Mr. Mayor, hold it now, phrase that right, phrase that so ---
Mr. Mayor: You’re just calling to see if a majority is ready to vote on this issue and
support the call for the question.
Mr. Williams: Okay, we’re voting yes to continue the conversation ---
Mr. Mayor: No, you’re voting yes you’re ready to vote.
Mr. Johnson, Ms. Davis, Mr. Mason, Mr. Jackson, Mr. D. Smith, Mr. Guilfoyle and Mr. G.
Smith vote Yes.
Mr. Fennoy, Mr. Lockett and Mr. Williams vote No.
Motion Passes 7-3.
Mr. Mayor: Okay, Commissioners will now vote on the motion on the floor which is to
refer this agenda item back to the next committee meeting.
Mr. Fennoy and Mr. Lockett vote No.
Motion Passes 8-2.
Mr. Mayor: Thank you, Mr. Wheeler. Madam Clerk, on to the next pulled agenda item,
number 11 I believe.
The Clerk:
PUBLIC SAFETY
11. Motion to approve the request from Chief J.D. Nelson, Chief of Police-Paine College,
for the donation of (3) police vehicles with the stipulation that the vehicles are not driven to
officers homes and that the Administrator be directed to contact both Paine College and
29
GRU Policy Departments about their concerns regarding traffic enforcement within the
area. (Approved by Public Safety Committee August 12, 2013)
Mr. Mayor: Commissioner Lockett, did you pull this?
Mr. Lockett:
I did, Mr. Chairman, thank you. When we had some debate about vehicles
for Paine College it was said that Paine College did not have certified officers. Paine College
does have certified officers and Paine College does not have a policy of law enforcement officer
So what I’d like to do is to make a
driving vehicles home. They do not have that policy.
substitute motion to approve the request of the Chief withoutany stipulations.
They’re
grown people and they’re professionals they know what they need to do. We should not dictate
to them. We should not tell them who they can write up because really we don’t have that
authority. So we need to stay out of it.
Mr. Mayor: Okay, that would be actually a primary motion to approve the agenda item
with no stipulations.
Mr. Lockett: Thank you, Mr. Chairman.
Mr. Fennoy: Second.
Mr. Mayor: We have a motion and a second. Commissioner Fennoy, did you have your
hand up?
Mr. Fennoy: I was just going to express the same sentiment that Commissioner Lockett
expressed.
Mr. Mayor: Okay. We have a motion that’s been properly seconded. If there is no
further discussion Commissioners will now vote by the usual sign.
Mr. Jackson votes No.
Motion Passes 9-1.
Mr. Mayor: Madam Clerk, next pulled agenda item ---
The Clerk: Yes, sir.
Mr. Mayor: --- 18 if I’m keeping track correctly?
The Clerk:
FINANCE
18. Motion to approve requesting the Finance Director to provide for the next committee
cycle a comparative analysis of the costs of having the Municipal Golf Course under an
enterprises find status as opposed to having it under the general fund; and the Tennis
30
Center and Aquatic Center as enterprise funds as opposed to classifying them under the
general fund. (Approved by Finance Committee August 12, 2013)
Mr. Mayor: Commissioner Lockett, was this your pull too?
Mr. Lockett: Yeah, Mr. Chairman. The reason why I put that on there was because
we’ve had all this misinformation about how much the Municipal Golf Course costs us but we
never really had any conversation about how much we’re spending the taxpayer’s money for the
Aquatic Center and Newman Tennis Center. I support all three of them but I want us to be able
to compare apples with apples with apples. And I hope Ms. Williams is going to do that for us.
Mr. Mayor: Okay. Commissioner Smith.
Mr. D. Smith: I have a secondary motion that Ms. Williams be directed to do that but she
also put the Brigham Center in there please. If we’re going to compare apples to apples and
oranges to oranges, let’s look at all of them.
Mr. Jackson: Second.
Mr. Mayor: Okay, that’s a primary motion because there’s been no ---
Mr. D. Smith: Sorry, primary motion.
Mr. Mayor: Okay. We have a motion that’s been properly seconded. I’m going to,
Commissioner Davis because I haven’t gotten her yet today.
Ms. Davis: Commissioner Smith, I was just going to see if you could amend that to add
all of the recreation facilities.
Mr. Williams: If we going to look at them ---
Ms. Davis: I mean –
Mr. Guilfoyle: Do you know how many there is?
Mr. Williams: Well, if we’re going to, Mr. Mayor?
Mr. Mayor: Um okay, Commissioner Williams.
Mr. Williams: I’ll second that motion if my colleague is adding them all but you can’t
pick one ---
Ms. Davis: That’s not what I’m saying.
Mr. Williams: --- we were talking about the three but if we’re going to put Brigham or
Dyess Park, any of them, let’s put them all.
31
Ms. Davis: That’s what I’m saying.
Mr. D. Smith: I will amend my motion to include all of the recreational functions.
Mr. Mayor: Okay, has that motion been seconded?
Mr. Fennoy: Second.
Mr. Mayor: Okay and I would, okay, Commissioner Guilfoyle then Commissioner
Fennoy and then Commissioner Lockett, did you have your hand up?
Mr. Guilfoyle: We are going to drive our Administrator and staff crazy. We going to
spend, they’re going to spend 73 hours minimum of getting all these numbers together. Why
don’t we just stick with the motion that was original for the three to be shot back to the
committee? Because we’ve got community centers throughout this county and for Donna that
actually needs to do her job.
Mr. Mayor: Okay, would you like to put that in the form of a ---
Mr. Guilfoyle: Yes.
Mr. Mayor: --- substitute motion?
Mr. Fennoy: I’ll second that.
Mr. Mayor: Okay. Okay, the substitute motion is to approve the agenda item as initially
submitted.
Mr. Lockett: Mr. Chairman, may I say something first please?
Mr. Mayor: Yes, sir. Commissioner Lockett.
Mr. Lockett: There again I think it’s been a gross misunderstanding of what the purpose
of this was. The purpose of this motion or this agenda item was just to show that the Municipal
Golf Course is not the only facility that we have is losing money. And if you had been listening
I just said a few minutes ago I support all three the Aquatic Center, Newman Tennis Center and
The Patch. But I just wanted to show this so that media can stop reporting about how much the
golf course is costing and leading a blind eye to all the rest of them. Now that’s what I said. So
if you want to get an attitude because of that well sorry.
Mr. Mayor: Okay. Commissioner Fennoy and then I’d like to hear from Ms. Williams.
Mr. Fennoy: Yes, I think that Bernie Ward, Carrie Mays, they’re not in the business of
generating funds. They’re there to provide a service for the people that live in the community.
And I think it would be unfair to compare Parks and Recreations facilities like that to facilities
32
like the Aquatic Center where they generate some revenues or the tennis center or the Cabbage
Patch where these three are supposed to be generating revenues. I would just like to stick with
the three that’s on the agenda and let Ms. Williams proceed with her report. But I think it’s
unfair to ask for the different Rec centers to show how much money they generate because
they’re not there to generate money.
Mr. Mayor: Okay. We have a, we have a substitute motion to approve the agenda item
as originally submitted. It’s been properly seconded. Is there any further discussion? Okay
Commissioners will now vote by the substitute sign of voting.
Mr. Fennoy, Mr. Johnson, Mr. Lockett, Mr. Guilfoyle and Mr. Williams voting Yes.
Ms. Davis, Mr. Jackson, Mr. D. Smith and Mr. G. Smith vote No.
Mr. Mason out.
Motion Fails 5-4.
Mr. Williams: Madam Clerk, will you put that back on the agenda for the next
Commission meeting, please, ma’am?
The Clerk: Yes, sir.
Mr. Mayor: Thank you, ma’am. No action taken. Next agenda item, please, ma’am.
The Clerk:
ENGINEERING SERVICES
23. Motion to approve forwarding the request from Mr. Rajesh Kumar and Dr. Gangrosa
regarding the cleaning/maintenance of a retention pond located adjacent to Summerchase
to the Law Department for further processing. (Approved by Engineering Services
Committee August 12, 2013)
Mr. Mayor: And, Commissioner Lockett, was this yours too?
Mr. Lockett: Believe it or not. Thank you, Mr. Chairman. I want to make sure that
we’re going to take some action. And I’d like to have date certain from the General Counsel if
he has one on this.
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: I could provide a report probably by I would say thirty days. But a lot
depends on the claimant. I mean I could meet with the claimant see what they claims are, we
have to investigate it. I would say thirty days would be a good time for me to report it.
Mr. Lockett: So that would be what mid September?
Mr. MacKenzie: Yes.
33
Mr. Lockett: Thank you, Mr. Chairman.
Mr. Mayor: Okay, would you make a motion to approve?
Mr. Lockett: Motion to approve.
Mr. D. Smith: Second.
Mr. Mayor: We have a motion that’s been properly seconded. If there’s no further
discussion Commissioners will now vote by the usual sign.
Mr. Mason out.
Motion Passes 9-0.
Mr. Mayor: Okay, Madam Clerk, on to the regular agenda.
The Clerk:
ADMINISTRATIVE SERVICES
27. Update from Administrator/DBE Coordinator regarding the commission’s April 2,
2013 directive. (Requested by Commissioner Marion Williams)
Mr. Mayor: Commissioner Williams.
Mr. Williams: Yes, sir, Mr. Mayor, thank you. Mr. Russell’s not here today and he said
he would not be present. I don’t understand on these days that we meet and he should be here
but I wanted to get an update from him as to we gave him a directive back in April. And I don’t
know what he’s done if he’s done anything. I guess this needs to be put off or put back until,
well, I see ---
Mr. Mayor: Mr. Shanahan.
Mr. Shanahan: Yes, sir, at this time I’m acting in Mr. Russell’s stead. Based on my
research, two things have happened, sir, since this motion was made. Number one, our
contractors have agreed to collect and maintain all records necessary for Augusta, Georgia to
evaluate the effectiveness of its Local Small Business Opportunity Program and to make such
records available to Augusta Georgia upon request. The second thing is which was handed out
to you just to review due to the direction of the Administrator an Administrative Rule Number
12-1 was actually created and presented. It has been implemented at this time and it basically
directs all of the departments that work directly for the Administrator under the policy that they
will follow policy and procedures. They will follow in reference to the for projects specifics that
go on contracts that the contracts are all over $100,000 dollars. So that is what we have at this
time.
Mr. Williams: Mr. Mayor, if I can follow up? I guess in the five months since April the
second or the first of April until this day are you saying that we have collected that already?
34
Mr. Shanahan: I have the DBE Coordinator and she can let us know if she’s actually
collected it. I believe so but.
Mr. Mayor: Ms. Gentry.
Ms. Gentry: I apologize. I went outside and didn’t hear the question Commissioner.
Mr. Williams: Have we collected already?
Ms. Gentry: The department is collecting data from 2008 to 2011. We had received a lot
of resistance on business owners in providing that data simply because there was no language in
our bid document to require them or mandate that they do it. As of January the Law Department
has provided us with the language to be placed in all bid documents. So this is a dual action
Commissioner. We are collecting data from 2012. In 2013 the language is in there so we should
not receive any resistance from our business owners or vendors as it relates to the subcontracting
data. Now as it relates to 2012 since they have gone through this process with us over the last
couple of years the resistance is a lot less.
Mr. Williams: Okay, but I guess my question is you said January of 2013 that the Law
Department has put the language in place to get those that data that we’ve been scratching our
heads about. And I’m asking the question from April until today five months have we collected
nd
that data from because this is when the direction was given April the 2 2013. So in the five
months have we got anything to work with? Have we got that data?
Ms. Gentry: Yes, sir, we are receiving the data as required by the contract. You’ve got
to understand we’re still collecting data from 2012 as well as 2013. Again the resistance came in
2012’s request for data simply because that language was not placed in the bid document.
Mr. Williams: Okay but, but ---
Ms. Gentry: So now that it’s placed in there for 2013 going forward we have not
received any resistance from our contractors.
Mr. Williams: If we was building a building, Ms. Gentry, now this may be facetious to
you. You know if you had to lay the bricks and mortar to build the building you might not have
been able to done it. But the data I’m asking about and I’m thinking because I don’t, the screen
sits here and the stuff pops up. You know I can’t put it on there. But it looks like we’ll be able
to get the data and I’m asking you in the last five months I mean do we got to wait until stuff’s
being done or we got to collect what we done just done. I mean I’m not talking about the new
bids or new thing what we have already done. If it ain’t but two jobs twenty jobs ---
Mr. Mayor: Two more minutes for you?
Mr. Williams: Thank you, Mr. Mayor. I’m trying to figure out have we got it.
35
Ms. Gentry: Commissioner, I’m a little confused about your question. My answer to you
is this. As of 2013 all of our bid documents mandate prime contractors to provide us
subcontracting data. As we move forward a company is awarded a contract today they’re not
going to give me the data information until they submit a pay request. And what I’m saying to
you as of 2013 that process is working. Okay? Now as of 2012, they didn’t have language in
their bid document.
Mr. Williams: I’m not worried about that. Don’t go back there, they didn’t have it in
there.
Ms. Gentry: Well, we’ve got to collect the data anyway. We have to have
documentation in terms of statistical data from 2008 when our Disparity Study was completed up
until the time when we need to go back to the courts or that is the language that is the goals I
mean the statistical data that we will be able to take back to the judge and say the Local Small
Business Program that we have implemented ---
Mr. Williams: Okay, thank you, Ms. Gentry. Get me a list of the businesses you have
not, who do business with this government who have not turned a bid in. Get me a list of those
data that the jobs have been done that they haven’t provided. Because they shouldn’t do no more
work for us. No more because if the language has been put in there now and we need that if they
didn’t give it to you before the language was put in there and they haven’t given it to you since it
sounds like to me they’re not going to give it to you. So I need to know as a Commissioner and
my one will not go voting for them to get any more work because they can’t follow the rules.
But I’m hearing you say that we hadn’t collected or we’re still collecting it and 2012 hadn’t
come in or they hadn’t gave it. So I mean they’re not going to do it. So can you get me a list of
the same people you’re contacting for that data so I’ll know who is participating with us who are
working with us who are trying to do what is necessary or those you are not doing it? Can you
do that for me?
Ms. Gentry: Yes, sir.
Mr. Williams: Thank you.
Mr. Mayor: Commissioner Guilfoyle then Commissioner Fennoy then Commissioner
Lockett.
Mr. Guilfoyle: Never mind, Mr. Mayor.
Mr. Mayor: Okay. Commissioner Fennoy then nobody then Commissioner Lockett.
Mr. Fennoy: Ms. Gentry.
Ms. Gentry: Yes, sir.
36
Mr. Fennoy: What is the difference between the data that was used to make up the
Disparity Study and the data that we are requesting from the vendors who do business with the
city?
Ms. Gentry: It was the consultant’s recommendation for us to use the same collection,
data collection form letter information so that who’s every compiling the data will have the same
relevant information. So the data is the same. The questions from that we are asking the primes
are the same. It’s who their subs are the race, their gender their location. It never changed. That
part of it never changed.
Mr. Fennoy: And I guess what’s confusing to me is that why can we use the data that
was used to make up the Disparity Study to compile what information we need to submit to the I
guess the courts to move forward.
th
Ms. Gentry: Commissioner, thank you very much for that question. On June the 4 I did
a presentation to this body as it related to the Disparity Study and the recommendation. I will
also share with you where we were at as it related to implementing the recommendation. The
following day in that presentation I shared with you that the consultant John Wainwright who did
the study had suggested that Augusta Richmond County take the study back to the courts at that
time. We’re in the forth hour so my question that you know that I sent to all of you my question
was could we still potentially take that even though the data has not expired. Could we take that
to the court with the understanding that if they gave us two years to actually develop a program
to correct the minority discrimination identified in the study then within that two years it would
give Augusta Richmond County an opportunity to identify a funding source in order to do a new
study. Because at that point, you’ve made some major changes. We’ve not made any major
changes. Our changes that we have made is about local participation it does not address the
discrimination identified in the study.
Mr. Fennoy: So and I guess what I’m asking do we have enough data to go back to the
courts to get the injunction lifted. And the second part of my question is that once we get the
injunction lifted is there a plan in place to move forward with the Disparity Study.
Ms. Gentry: Two answers to that question, sir. The first answer if you do what you did
yesterday you’re going to get the same results today. We have been doing the same thing since
I’ve been on board since 2004. We’ve not changed our methodology in how we procure in the
percentage goal and mandating percentage goals. We’ve not done that. Now that we are
enjoined we still have not done that. We’ve created a program for local participation but we’ve
not created a program to address the minority participation. That’s the first answer to your
question. What was the second question?
Mr. Fennoy: If we had the injunction lifted today, will we be in a position to move
forward with the plan tomorrow?
Ms. Gentry: This Commission body, when the Disparity Study was presented to this
commission you all agreed to hire Collette Holt who was the attorney who have fought FTA
have fought different judicial centers in terms of providing a scrutiny program. And I think
37
that’s what Commissioner Smith is eluding to earlier today. We had agreed, you all had voted to
bring her back to develop a program that would keep us within the letter of the law and be that
scrutiny that we need to insure that we are doing what we need to do. That was the plan. We
will meet that even if we go to the courts tomorrow to develop a to request them to remove the
injunction we still need to develop a program within the letter of the law to insure that we are
doing what we need to do even with the data that we have.
Mr. Fennoy: Okay.
Mr. Mayor: Okay. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. Ms. Gentry, Commissioner Williams is
inquiring about collection of data and you said prior to 2013 if I understood you correctly that
there wasn’t any procurement. That is was mandatory for them to provide this. But since it has
been added to the Procurement Director’s as far as 2013 they have been providing information.
Ms. Gentry: That is correct.
Mr. Lockett: Now the new information that’s in the Procurement Director is there any
requirement in there that for previous years this information be provided.
Ms. Gentry: No, sir, it’s not it’s only for the bid document that is let at that time.
Mr. Lockett: Okay, have you had any business to volunteer or to provide that
information for prior years?
Ms. Gentry: Absolutely we have, yes, sir, we have.
Mr. Lockett: Okay.
Ms. Gentry: And that is how we’ve been able to get it to really do telephone calling,
sending them the letter following up with a telephone call allowing them to know that this is the
rationale and the reason we are getting the data. Nine times out of ten it works. In some cases it
doesn’t.
Mr. Lockett: Okay. So in other words for 2013 it’s working like ---
Ms. Gentry: It’s supposed to.
Mr. Lockett: --- it should work.
Ms. Gentry: Correct.
Mr. Lockett: Now you know we talked about the Disparity Study. We can have disparity
studies up the ying yang. Until this body decides we’re going to do what’s right the disparity
studies are not going to do any good at all. And what we need to do as a governing body we
38
need to do what’s right. We need to insure that our department directors, our Administrator,
General Counsel is doing what’s right. We haven’t put forth a concerted effort to get this
enjoinment lifted. We’ve been procrastinating too long. And I know we’re going to talk about
another Disparity Study which I don’t support because the last one we had sat on the shelf
collecting dust. We’re going to do another one and it’ll probably do the same thing. So why
don’t we just do what’s right. Thank you, Mr. Chairman.
Mr. Mayor: Thank you, sir. And I’m still trying to comprehend that you just used the
ying yang up here. If there’s no further discussion, can we get a motion to receive this as
information?
Mr. Johnson: So moved.
Mr. Mason: Second.
Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now
vote by the usual sign.
Mr. Williams: Mr. Mayor, point of personal privilege, please.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Madam Clerk, will you ---
Motion Passes 10-0.
Mr. Williams: --- will you put on the committee agenda to discuss the businesses who
are not participating with the Disparity Study. Not Disparity Study but not participating with the
data. I need to talk about those. I need to talk to those. We need to find out where the
(unintelligible), where it stops at. And if they’re supposed to have that information we as a body
need to address it. I’d like to talk to those so will you put that on the agenda for me, please.
The Clerk: Yes, sir.
Mr. Mayor: That will go on the next committee agenda. Madam Clerk, agenda item
number 28.
The Clerk:
ADMINISTRATIVE SERVICES
28. Discuss the hiring of an EEO/DBE Director in conjunction with funding for the
Disparity Study. (Requested by Commissioner Joe Jackson)
Mr. Mayor: Commissioner Jackson.
39
Mr. Jackson: Thank you, Mr. Mayor. I know that we’ve been around and around again
and Mr. Lockett doesn’t support it which doesn’t surprise me. But several other people have
talked about the Disparity Study and according to our Charter addresses a director in this
position and I wanted to make a motion to ask the Administrator to put out for hiring a
DBE/EEO Director in conjunction with funding the next Disparity Study.
Mr. Mayor: Do we have a second?
Ms. Davis: (inaudible).
Mr. Jackson: Motion to task the Administrator with HR to hire and EEO/DBE
Coordinator in conjunction with funding the next Disparity Study.
Mr. Mayor: You’re saying to task the Administrator ---
Mr. Jackson: HR to go out like we’ve done department heads, Bill Shanahan’s position,
the positions that are in management that are SES status employees.
Mr. Mayor: And ---
Mr. Jackson: Whatever channel that is. If it’s with HR then put it together along with the
Administrator.
Mr. Mayor: And to fund a new Disparity Study.
Mr. Jackson: Correct, to bring us into compliance.
Mr. Guilfoyle: I’ll second that one.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioner
Fennoy, I saw you first and then Mr. Mayor Pro Tem.
Mr. Fennoy: And I guess this question is to the, Andrew?
Mr. MacKenzie: Yes, sir.
Mr. Fennoy: With the present positions EEO and DBE are we in a position to move
forward with the Disparity Study or do we have to have a director in order to forward with the
Disparity Study?
Mr. MacKenzie: You do not have to have a director to move forward with the Disparity
Study. It would be my recommendation if you intend to have or consider having a Race and
Gender Conscience Program in the future that you would absolutely need to do another Disparity
Study. And to procure that sooner rather than later since the data from the previous Disparity
Study will be five years old at the end of this year. That’s not linked to the current personnel you
have in those positions.
40
Mr. Fennoy: So with the current personnel that we have we can move forward.
Mr. MacKenzie: You can move forward with the Disparity Study, yes.
Mr. Fennoy: Okay.
Mr. Mayor: Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. I think what we need to do is we’re kind of tying
two of these things together and we, well we really need to address both. I know it’s important
that we look at the funding of the Disparity Study moving forward but just sitting here looking at
the whole theory of just saying us go out and advertise for and EEO Director and a DBE Director
I think we need to address the Charter first. And that’s going to come with either eight votes up
here so we need to have dialogue amongst ourselves whether or not that’s something we want to
do. Or we need to look at actually addressing the Charter as it states going out and getting
someone to fulfill that vacancy that the Charter currently states. So we need to be very careful
with these two. And I don’t know, Mr. Mayor, Andrew can probably can just expound on this a
little bit but isn’t it somewhat out of confinement of what we really need to do or how we really
need to do it as it relates to the Charter itself because we need to address that portion of it if
we’re going to directors. Correct?
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: The Consolidation Act currently states that there will be one director
over these two functions. To comply with that you wouldn’t have to amend the Consolidation
Act because you’d be essentially filling a position that’s been vacant for some time. So that
wouldn’t require any code amendment or charter amendment. If it was the intent of the
Commission to split these two functions up instead of having one director over both functions, to
have an EEO Director and a DBE Director that would require a Consolidation Act amendment.
Mr. Johnson: Right meaning that based on what the motion is now that’s saying let’s
advertise for two directors. Correct?
Mr. MacKenzie: It’s my understanding that this motion is to advertise and hire a single
director to fill both functions to be in compliance with the current language of the Consolidation
Act.
Mr. Johnson: Okay, so based on what the Charter currently states now.
Mr. MacKenzie: That’s my understanding of that motion. And I would also recommend
that you add to that to also amend the budget to allow appropriate funding to fill that position just
so this is a complete agenda item.
Mr. Jackson: I’d be happy to.
41
Mr. Johnson: Okay, and one other thing, Mr. Mayor, if I may. I think we need to make
sure that that’s the route we need to go as a unit. I don’t think this is the platform at this
particular moment to decide just the route I think do commend Commissioner Jackson for
moving to try to get something done but we need to make sure that that’s the route that this body
wants to travel. I think you know for the most part we may decide to go and just make those two
positions you know directors but as it and do away with that be amending the Charter. So that’s
one of the things we need to really truly look at at this point. And I don’t know whether or not
today is the day to really deal with it from this perspective because I know we talked in depth
about even making someone who’s currently employed with the city over that department. And
so I think that’s something we need to talk about as well. So I just don’t think this is the time to
really make that decision right now. I think we need to really hold back and kind of look at it.
Mr. Mayor: Would you like to make a substitute motion?
Mr. Johnson: That would be my substitute motion.
Mr. Mayor: To refer it back to committee?
Mr. Johnson: Well, yeah, we may even have a workshop or work session or something
but ---
Mr. Lockett: Mr. Mayor, don’t call for the question. I’ve got my hand up over here.
Mr. Mayor: I’m ---
Mr. Lockett: I know you’re looking one way. I just wanted to remind you.
Mr. Mayor: And everybody on this end thinks I always look that way and everybody on
that end thinks I always look this way.
Mr. Lockett: Exercise your neck, Mr. Mayor.
Mr. Johnson: I’ll put that in the form of a motion, Mr. Mayor.
Mr. Mayor: Substitute motion to refer it back to committee?
Mr. Johnson: Yes, sir.
Mr. Fennoy: Second.
Mr. Mayor: Okay, we have a substitute motion that’s been properly seconded. I saw
Commissioner Lockett first then Commissioner Williams then down to Commissioner Davis.
Mr. Lockett: Thank you, Mr. Mayor. The position that’s listed in the Charter is a
nonexistent position. There is no such position anywhere, okay? You talked about whether or
not the position for the Disparity Study or for the position has been budgeted which it hasn’t.
42
What would a new Disparity Study tell us that we don’t know all ready? There is discrimination
there is pay disparity there is nepotism it’s not going to tell us too much more or too much things
that are different than what the first one did which we took no action on. Now are there any
guarantees that if this agenda item is passed we do get a Disparity Study it comes in it has all
these flaws in it will this body do anything with it or will it join the other one on the shelf to
collect dust. Fact this nonexistent position would be an extremely hard position to create a job
description. Fact it would pose a major problem finding someone with the skill sets needed.
Fact no position found with Georgia Local Government Personnel Association no counties in
Georgia and in the State of South Carolina have such a position. And lastly you could very well
create a conflict of interest. Thank you, Mr. Chairman.
Mr. Mayor: Thank you, sir. Commissioner Williams.
Mr. Williams: Mr. Mayor, I’m going to probably date myself and I do that all the time
but I don’t know what a ham sandwich one’s got to do with the other one. I remember when we
hired Ms. Pelaez who operated under both umbrellas who was the director and the coordinator
for both. And it was much it was so overwhelming until she left one job and went to HR. And
that’s how we came with these two positions in here now. We already filled this position. Now
Mr. Mason said if you went back and I agree with him that the Commission don’t hire
coordinators. That’s below us. And it ain’t much below us but that’s below us. And the
Commission voted to hire directors and we voted. I gave the Attorney some city documents that
came from HR five maybe six pieces and only one of those pieces had coordinator on it. And the
other pieces had director that the people who applied for the job and even the persons in the job
now said this is my resume and I’m applying for the director’s position that news, the
advertisement went into the newspaper said advertising for a director. And they hired right here
a director. Now we’re confused about who’s who, who’s on first and what’s on second. I really
don’t understand. Why are we trying to go back and recreate something that don’t have I mean
we already done filled the position. I mean that’s already been done. How in the world and I
looked at the documents that Mr. Jackson had and I gave him the documents that I had. I gave it
to the Attorney, asked the Attorney to rule on the same document that I gave him and he chose to
get other documents.
Mr. Mayor: I’ll give you two more.
Mr. Williams: Thank you. And the other document he ruled from. Not from the one I
gave him that came from this government. It wasn’t one I created but one that came out of HR
that we had some people in HR that’s not there now. We had some people that made some
mistakes there’s been some things that’s been done wrong and there’s some things that’s left
through the cracks. But we don’t hire coordinators and we have hired a director why are we
trying to find another director? The Disparity Study, we spent like Mr. Locket said we spent
$500,000 dollars. It sat on the shelf for four years nobody even talked about it until January of
this year when we pull it off the shelf to find out what we’re going to do. If it takes almost two
years, Ms. Gentry might need to help me out, to do an additional study it may not take as long
this time because I think Mr. Attorney said that since we’ve done one it might not be as costly, it
might take a shorter period of time. But all that time somebody’s going to be waiting because
we got to get that data back in here that we can’t seem to get. Something’s wrong. We know
43
there’s a problem. We know there’s some issues we need to address those issues, Mr. Mayor.
So I really don’t understand why we’re pretending like we don’t know what the problem is.
There’s people being discriminated against. There’s people that’s standing in line just to get a
piece of the pie that had not been able to get it and we act like it’s just nothing. We need to
address those issues and get real about it and the Disparity Study’s not going to solve it by doing
that.
Mr. Mayor: Thank you, sir. Commissioner Davis and then Commissioner Mason the
Commission Guilfoyle.
Ms. Davis: Thank you, Mr. Mayor. What’s the, do we know the cost of a new Disparity
Study if we do one now?
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: It’s estimated that it would probably be in the range of $500,000 dollars
or more.
Ms. Davis: Do we have that in our current budget?
Mr. MacKenzie: I don’t believe that’s been budgeted for but that would be a question for
the Finance Department.
Ms. Davis: Thank you.
Mr. Mayor: Okay, then Commissioner Mason and then Commissioner Guilfoyle.
Mr. Mason: You would catch me with my mouth full, Mr. Mayor. I’m having dinner
don’t put this on News 12. I won’t even go there with that comment. Mr. Mayor, I want to just
make two observations. One although I appreciate Mr. Jackson’s effort I believe that would be
considered a compound motion and it really doesn’t address the real issues that we have here.
And almost and I don’t think this is his intent but it almost could be the point of this for that. If
we do this as far as a director then we’ll do a Disparity Study and I don’t think anybody wants to
operate from that perspective. So that compound motion the primary motion to me is not
appropriate. I want to go back a couple of years to bring people to where we are. When we did
reorganization Mr. Russell, oh he’s not here, but when we did reorganization and we were all
given higher accrual charts and schematics of all the areas within the government and I didn’t see
anywhere and let me preface this by saying although I didn’t vote for it several Commissioners
who are up here did vote for that. And there is no place that I saw period that showed and
EEO/DBE director in the high accrual chart in the reorganization that several Commissioners
voted for up here two years ago. If I missed it somebody needs to show that to me. In addition
to that from what I saw it designated the EEO person as a director and the DBE person as a
director. And so if this was an issue in people’s minds I’m wondering why wasn’t that addressed
at the most appropriate time which would’ve been done during our reorganization. So unless
someone can show me a charter that was passed a couple of years ago that shows this as being
and EEO/DBE Director slot ---
44
Mr. Mayor: I’m going to give you two more.
Mr. Mason: Yes, sir, I don’t think I’ll need it. I just don’t understand why that wasn’t
addressed at that point. So like I said I’ve seen nothing that was passed under reorganization that
speaks to this issue of being one position although I understand what states in the Charter. So in
my mind that would’ve been the most appropriate time instead of rushing through that which is
what we spoke to at that time it was being rushed that would’ve been the most appropriate time
to look at our Charter as we were doing this higher accrual charter in doing the reorganization
and address this issue appropriately. And futuristically those are the types of things we need to
do instead of rushing through or making quick decisions or even decisions based upon opinion.
But then look at the fact of the matter because of in fact that was a factor that was in the Charter
then that’s something that and unfortunately the City Administrator is not here that I would’ve
tasked him Tameka Allen and others that was responsible for putting that together to do and do
correctly and so this Commission would’ve been on board. Because we count on you guys who
put that together to make it happen. Because I don’t know of any Commissioner up here that
was in the middle of that necessarily or that was they’re responsibility. So that was brought to
us it was passed but it was not addressed appropriately based on the Charter what was shown in
the higher accrual charts that was passed through reorganization. Thank you, Mr. Mayor.
Mr. Mayor: Thank you, sir. Mr. Lockett.
Mr. Guilfoyle: What happened to Guilfoyle?
Mr. Mayor: Oh, excuse me. Mr. Guilfoyle and then Mr. Lockett.
Mr. Guilfoyle: I’m going to get my little laser dot back out. Thank you, Mr. Mayor, by
the way. Well, you got my mind on that one. Anyway we have to look at facts here. Everything
that came up to when they was hired everything that we’ve got showing in our HR is
coordinators. When has in the history of anybody that worked for this government that was
getting paid a lower scale than what they actually said they were the coordinators I think are item
number 59 scale number 59 and the director is 60. When have we ever seen somebody that
works for this government or any government that was doing a job and didn’t get paid for it and
didn’t raise any eyebrows about it or question it? And working for this body when has this body
every delegated or directed either the EEO or DBE to do anything. Not one person can do
anything up here. It takes a body and if there’s any correspondence between the EEO and DBE
between the Commissioners and the DBE/EEO I would like to see request the copies, please.
Because at this point no different than the Disparity Study apparently the colleagues don’t want
it because it’s going to be a filed document it’s going to be a waste of money and if ya’ll are not
in favor of it I don’t know too much about it so I will vote along with you on that one. But for
the fact of the matter is two years the EEO was hired as a coordinator. Everything in the HR
clearly states it. She signed the paperwork no different than the DBE. Thank you, Mr. Mayor.
Mr. Mayor: Thank you, sir. And I’m just going to make a quick comment before Mr.
Lockett. I think and Bill you made a good point before. You know there’s no “I” up here and
there’s no us and them and in order for us to move forward we’ve got to build consensus within
45
the body. And I would perceive you know would prefer to have that not be six votes that as you
say would be a lot more than six votes. I sense you know a want to move forward on this issue
but we’ve got to build that consensus. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I just wanted to say something in response to
what Commissioner Williams said and what I said earlier on about there not being such a
th
position as listed in the Charter. On May the 6 of 2003 there was and EEO Subcommittee.
And Ms., I’m going to mispronounce her name, Ms. Pelaez, Human Resources Director. This is
what she said and I quote. Our scope of work was to review what other entities have in
comparison to EEO Director’s position and what salary is paid in other areas. We found that
there was not another position like this anywhere else because it is not the norm to combine these
types of duties with both EEO and DBE in there together. End of quote.
Mr. Mayor: Thank you, sir. We have a motion that’s been, a substitute motion that’s
been properly seconded. Commissioner Jackson.
Mr. Jackson: Thank you, Mr. Mayor. And, Mr. Lockett, you’re 100% correct. It was
our forefathers that put this in to the Charter and just cleaning it up as we want to do homework.
I believe, Mr. Mason, you and I came on the same time and even with Chiquita Johnson as
General Counsel she had issues with bringing this up as well. And then after Ms. Johnson left
then Andrew has brought it up several times over the length of us being up here about the issue
at hand. And there was never any time to take care of it for the past six years. So where we are
now and I’m just trying to do what the Charter says. We either amend the Charter or we address
it and move forward. I didn’t create that document. All I’m trying to do is go by what it says.
Thank you.
Mr. Mayor: Okay, we have a motion, a substitute motion that’s been properly seconded
to refer this back to committee, a substitute motion to refer it back to committee.
Mr. Lockett: For what?
Mr. Mayor: To refer it back to committee for discussion.
Mr. Johnson: Mr. Mayor?
Mr. Mayor: Yes, sir. Mr. Mayor Pro Tem.
Mr. Johnson: Thank you, Mr. Mayor. The substitute motion was to refer it back to
committee to have dialogue on what option or what route we want to take whether we want to go
with the Charter as it is now or whether or not we want to amend the Charter. But we at least
need to have that conversation before we go voting on anything because we may want to do the
opposite. And I think that’s upon us to make that decision. That’s what the substitute motion
was.
Mr. Lockett: Mr. Mayor, could I make a friendly amendment? I don’t know I think I
know what the motion was ---
46
Mr. Mayor: Well and Commissioner Lockett I’ve recognized you twice. I’ll give you
another minute.
Mr. Lockett: No, I just wanted to say that maybe my colleague might want to break those
down into two separate parts instead of the Disparity Study and EEO/DBE like Commissioner
Mason said earlier.
Mr. Mayor: And Commissioner Johnson would you like to?
Mr. Johnson: Yes, I can take that part out. It really wasn’t to discuss the Disparity
Study, we already know that. It’s primarily to discuss you know the path forward, the EEO/DBE
position as it relates to the Charter.
Mr. Mayor: You’re removing the Disparity Study ---
Mr. Johnson: Yes.
Mr. Mayor: --- from that. But, Commissioner Jackson, I would recommend that you can
request that the Disparity Study be put on the next committee agenda as well.
Mr. Jackson: You know it’s been, thank you, Mr. Mayor. It’s been so many times up
here that it’s been like it seems like a bait and switch. And you know I’m just letting you know
that that’s where I stand my ground is if I tell you I’m going to do something I’m going to do it.
But I need your help to get this done as well. This has been going on since I’ve been on the
Commission and that’s all. Thank you.
Mr. Mayor: Commissioner Fennoy.
Mr. Fennoy: Yes, I think one of the biggest issues in moving forward is the status of the
DBE Director “Coordinator” and the EEO Director/Coordinator. And I don’t think we’re going
to be able to move forward until we put this issue at rest. I mean we need at some point in time
decide whether Ms. Gentry and Ms. Humphries are coordinators or directors and move forward.
But until that issue has been put to rest I think we’re going to continue to have controversy and
will not be able to move forward.
Mr. Mayor: Thank you, sir. We have a substitute motion that’s been properly seconded.
For clarity, Madam Clerk, could you read back the amended substitute motion?
The Clerk: Yes, sir. That was to refer back to committee to allow the Commissioners to
have dialogue on what options they may wish to consider concerning the EEO/DBE position.
Mr. Mayor: If there’s no further discussion Commissioners will now vote by the
substitute sign of voting.
Mr. Fennoy, Mr. Johnson, Mr. Mason, Mr. Lockett and Mr. Guilfoyle vote Yes.
47
Mr. Jackson, Mr. D. Smith, Mr. Williams and Mr. G. Smith vote No.
Ms. Davis out.
Motion Fails 5-4.
Mr. Mayor: No action taken. Madam Clerk, next agenda item please.
The Clerk:
ADMINISTRATIVE SERVICES
29. Discuss the award of RFP#13-125 to McDonald Transit, which was approved by the
Commission on July 16, 2013. (Requested by Commissioners Alvin Mason and Bill
Lockett)
Mr. Mayor: Commissioner Mason.
Mr. Mason: Mr. Mayor, if I can refer back to the agenda item that we just voted on. That
was a substitute motion. I don’t recall us voting on the primary motion.
Mr. Mayor: Good point. Madam Clerk, we did not complete the last agenda item due to
the fact that we had a primary motion on the floor. And the primary motion was for clarity?
The Clerk: To task the Administrator to work with Human Resources concerning the
advertisement of the EEO/DBE Director position in conjunction with the funding for the
Disparity Study and to amend the budget to provide the proper funding.
Mr. Lockett: Roll call vote, Mr. Mayor.
Mr. Mayor: Commissioners will now vote by the roll call form of voting.
The Clerk: Yes, sir. Ms. Davis.
Ms. Davis: I’m sorry I was out. No.
The Clerk: Mr. Fennoy.
Mr. Fennoy: Present.
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: Yes.
The Clerk: Mr. Jackson.
Mr. Jackson: No.
The Clerk: Mr. Johnson.
48
Mr. Johnson: No.
The Clerk: Mr. Lockett.
Mr. Lockett: No.
The Clerk: Mr. Mason.
Mr. Mason: No.
The Clerk: Mr. Donnie Smith.
Mr. Smith: Yes.
The Clerk: Mr. Grady Smith.
Mr. Smith: Yes.
The Clerk: Mr. Williams.
Mr. Williams: No.
Motion Fails 4-5-1.
Mr. Mayor: Okay, now I get to say no action taken. Next agenda item please, Madam
Clerk. Thank you for that catch. Mr. Mason.
Mr. Mason: Thank you, Mr. Mayor. We discussed this in committee for quite some
point so I’m not going to rehash those items that we discussed. But is the, did I see the Project
Manager here or the person from not Mobility but the McDonald. Is he available, Mr. Mayor,
through the Chair.
Mr. Mayor: Yes, sir.
Mr. Mason: I have a question and your name and all that.
Mr. Speaker: Quentarus T. Brown. I go by Q T for short.
Mr. Mayor: Okay. All right, my question is I was looking at the situation that they have
there in Atlanta in the Atlanta area as far as their transit. And the Georgia Regional
Transportation Authority, are you familiar with them at all?
Mr. Brown: Yes, I am.
49
Mr. Mason: Okay, well, they run a commuter bus service in the Atlanta Region and their
fare recapture, you’re familiar with the term fare recapture?
Mr. Brown: Yes, I am.
Mr. Mason: Okay, their fair recapture’s about 33%. That’s the percentage of the income
from the fare box. Now MARTA has a recapture rate of less than 30% or a rate around 30%.
The recapture rate here prior to you guys taking over was approximately about 15%. That’s a
huge difference. It’s really kind of pitiful actually the amount and it shows in dramatic terms
from what I’ve looked at that the system cannot self fund expansion. And the reason why I’m
talking about the expansion because half this city half the county in Augusta Richmond County
does not receive bus service especially the southern end. And so what I’m wondering was there
something that your, the contract vendor McDonald do they, do you have something in place or
where there some specific goals placed in the contract language incentives to increase the fare
recapture percentage because 15% is extremely low. And even though I did not see expansion
addressed adequately like I felt it should have going into a new contract that’s one way that we
could get some additional funds to talk about the expansion and the extension of hours because
that’s still an issue even though we didn’t properly address it. Is that something that your entity
plans on addressing and if so how.
Mr. Brown: Well, I can’t really speak about that right now because once again the liaison
is not here at this time to, Ms. Sharon Dottery is not here and that’s my liaison so. She would
need to be here I guess to address that. I would feel more comfortable if she was here to address
that.
Mr. Mason: So you don’t know whether ---
Mr. Mayor: Two more?
Mr. Mason: Yes, sir. So you don’t know whether or not in your contract that you had
any goals or incentives as it related to recapture. And let me preface this by saying I’m not
talking about necessarily raising rates to do a recapture because that’s kind of a slick way of
getting the percentage up. But do you recall or do you even have that knowledge whether or not
that that was something that was that was a goal or incentive within you contract here with this
government.
Mr. Brown: Again I would be more comfortable with Ms. Sharon Dottery was here to
assist in that. Here again I came in as the General Manager of this. So pretty much other folks
were involved with negotiation of that.
Mr. Mason: Okay, that’s fair but do you understand the importance of the question and
what that does in the long run for a city that’s no longer the second largest by the way. We’re
now dropped to third. But you do realize how important that is for our metro area?
Mr. Brown: That’s why I’m coming in through the door if I can speak. Pretty much I’m
assessing and evaluating the services. Prior to coming here I was here for a month and pretty
50
much looking at any type of improvement we could find. So I do understand. We are trying to
get services to the south side but we have to look at our (unintelligible) proof. I’ve got to see
pretty much what we’re doing right now. I’ll also offer this. If anybody wants to meet with me,
pretty much the Mayor the Commission, community, citizens or any correlations that come to me
about you know some of the assessments and things. Not only do I want to get the feedback and
grievances I want to get some solutions from them to so I understand where you’re going from
but right now I would feel more comfortable if Ms. Sharon Dottery was here.
Mr. Mason: Sure and I understand that. And that is something that’s important certainly
important to me. It may also since it’s been brought out maybe important to some of the other
Commissioners but I don’t want to meet with you personally because I don’t feel like that’s the
appropriate way to do it. That’s just me but I understand but I do want you to take that back as
something that’s you know certainly important to me that we look at that and see how we’re
addressing that. And if we have addressed it adequately or there’s something that you could
address under your contract terms, I’m not asking you to do anything outside of that necessarily
but I think you’ll find as you start looking at potential expansion and extensions that that’s one
way that you can free up some funds that will allow this to happen because I’m telling you right
now there’s half this county that’s craving for it and we still didn’t address it in the last, in this
previous contract. Thank you.
Mr. Mayor: Okay, thank you, sir. And I will recommend that anybody that’s on Twitter
Can I get a
following Q T he’s doing a good job of getting information out there that way.
motion to receive this as information?
Mr. Fennoy: So moved.
Mr. D. Smith: Second.
Mr. Mayor: We have a motion and a second. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. Mr. Brown, you were on Fox News on August
1, ‘13 11:34 a.m. and you made this comment and I quote, “I don’t want to come in with a plan.
I want to come in and shape for the future.” End of quote. If you came in and you didn’t have a
plan what are we paying you for?
Mr. Brown: Well, pretty much we have got to develop a plan and you have to assess and
evaluate. It’s a program to the class Project Management you have to come in and pretty much
start a program, assess and see what’s going on. That’s why I always use the term pretty much
working to shape because the mode is already here. This is not something new. It’s something
we’re looking at coming in to see what we can do.
Mr. Lockett: Well, when you say the mode is already here I want to take it a little
further. The plan is already here. We’ve had a plan for a long time as far as transit is concerned
but there were certain people that did not insure that this happened, that this materialized. And
the reason I was so dead set on outsourcing is because we’ve had groups coming in here talking
about they wanted and the advisory committee they wanted a transportation authority and so
51
forth. But I know that you all are going to do all those things at the citizen’s request and it’s not
going to cost us additional money. So my other question to you is how could you all have
possibly told us what our cost savings are going to be over the next three years without a plan?
Mr. Brown: Well, initially once again I wasn’t part of that negotiation pretty much I ---
Mr. Lockett: But you represent McDonald is that right?
Mr. Brown: I do, I do.
Mr. Lockett: Okay, and this is not you. This is for the media and everybody else. I think
that this contract we entered into with McDonald is bogus. And for the simple reason is the
motion that was made, the motion that was made did not ask for contract. The motion said we
wanted to approve an RFP and an RFP and a contract is different. This did not come back before
this body for us to approve and I have a copy here of another contract with a motion. I’ll give
th
you an example. On May the 17 of ’11 Commissioner Bowles said I’d like to make a motion to
designate Mobility Transit Services to provide the transit services for the city and to instruct the
Administrator to negotiate a final contract. In this motion that was made it did not say anything
at all about a contract.
Mr. Mayor: I’ll give you another two.
Mr. Lockett: Please. And I would also like to know if the Finance Director, is she here,
is whether or not the numbers that were listed in the RFP were the same as the numbers that were
entered on the contract that the Mayor signed authenticating this particular action. And if not,
who approved it?
Mr. Mayor: Ms. Williams? What was your question, Commissioner?
Ms. Williams: The same price on the contract that was on the RFP.
Mr. Lockett: For the McDonald Transit I have some question as to the process that was
utilized and I want to know if since this body approved the RFP did not approve a contract. And
I want to know did the numbers that was in the RFP, were they identical to the numbers that was
sent to the Mayor for his authentication. If they were different who authorized the difference in
the numbers?
Ms. Williams: I honestly can’t answer that question. I do not know.
Mr. Lockett: Okay.
Ms. Williams: I have not validated or looked at ---
Mr. Mayor: Mr. Mayor, if I may I’d like to ask the General Counsel since it had to go
through his office also.
52
Mr. MacKenzie: All right. What is your question exactly?
Mr. Lockett: The dollar amounts that were listed on the RFP for McDonald Transit.
Mr. MacKenzie: This is from the proposal that they submitted?
Mr. Lockett: Yeah, the motion was to approve the RFP. And my question is the dollars
that were reflected in the RFP, were they identical to the dollars that were submitted to the
Mayor for his signature? And if they were not identical, who approved the change?
Mr. MacKenzie: Well, I don’t have those documents in front of me. Maybe Finance can
give an opinion to what the (inaudible).
Mr. Lockett: Well, Mr. General Counsel, I’m not going to be argumentative but the same
question came up during committee.
Mr. MacKenzie: Well, here’s my response to that. My understanding is the Commission
approved the award of the RFP to McDonald. The proposal information that they provided was
it’s an initial amount that they submitted with the proposal. It’s my understanding that further
negotiations took place and that the ultimate amount that was entered into the contract was less
than the proposal and that was the amount that was entered into the contract.
Mr. Lockett: Mr. Mayor, if I may use my last few seconds here.
Mr. Mayor: Go ahead.
Mr. Lockett: When you’re dealing with, when we’re dealing with Mobility I read the
th
motion that was made by former Commissioner Bowles. That was on May the 17. And we
th
came back on June the 7 and may I finish?
Mr. Mayor: Go ahead.
Mr. Locket: He made a motion to approve final contract between Augusta Georgia and
Mobility. And I don’t suppose McDonald is concerned. This hasn’t been done.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I somewhat agree with my colleague
Commissioner Lockett but the Administrator who I thought did not do his job brought that to us.
And I questioned that because we and it’s no knock on this young man here who’s in managing
and doing what he did. We was asked to vote on an RFP and the Commissioner’s right, we did
not see the numbers. And I asked a question about the bids and who bidded what and all that
stuff. And we voted and I say we because I’m a part of this. He had six votes to award the
contract to firm he’s working for. So I don’t think you can, I guess, answer any of those types of
questions. We need to talk to Mr. Russell about the numbers, we need to ask to see those
numbers, we need to know what active transpired after they got the six votes to you know to
53
award it the RFP. And if the number was different then somebody needs to answer for that. The
other thing, Mr. Mayor, and I guess this is just as good time as any we’ve got to put something in
place that when the Administrator is not here he don’t just tell us he’s not going to be here. We
need to make a decision as to know that he’s not going to be here and not just him informing us
that you know he’s out next Tuesday or whatever. This is the day he gets paid more than any
other day. He needs to be here to answer these types of questions. And so I guess I need to put
that on the committee, Nancy, to talk about.
Mr. Mayor: Okay. Okay, we have a motion that’s been properly seconded to receive this
as information. If there is no further discussion Commissioners will now vote by the usual sign.
Mr. Lockett votes No.
Motion Passes 9-1.
Mr. Mayor: And, Madam Clerk, the Attorney has brought it to my attention that on
agenda item number 18 that we actually also had a primary motion. We voted on the substitute
motion but did not vote on the primary motion. So I would like to go back to that agenda item
and vote on the primary motion.
The Clerk: Yes, sir, okay.
Mr. Mayor: If you could read it back please.
The Clerk: Yes, sir, that, let’s see. That motion was to approve getting the comparative
analysis for all of the recreation centers.
Mr. Mayor: Okay, Commissioners will now vote by the usual sign.
Mr. Johnson, Mr. Mason and Mr. Donnie Smith vote Yes.
Mr. Fennoy, Ms. Davis, Mr. Lockett, Mr. Jackson, Mr. Guilfoyle, Mr. Williams and Mr. Grady
Smith vote No.
Motion Fails 3-7.
Mr. Mayor: Okay, Madam Clerk, agenda item number 30 I believe.
The Clerk:
PUBLIC SAFETY
30. Update from the Administrator regarding the downtown parking plan and discuss
2005 Downtown Development Authority’s Parking Study. (Requested by Commissioner
Marion Williams)
Mr. Mayor: Commissioner Williams.
Mr. Williams:
Mr. Mayor, I’d like to move this back. We had a meeting on yesterday
and what we had asked the Administrator to bring us back in probably about two or three weeks
54
a plan that we’re going to try to get implemented. So I think this is probably the wrong time for
So I make a motion we receive this as information.
this.
Ms. Davis: Second.
Mr. Mayor: We have a motion that’s been properly seconded. Commissioner Fennoy.
Mr. Fennoy: Is the Deputy Administrator in a position to give us an update on the
parking situation?
Mr. Shanahan: Yes, sir.
Mr. Mayor: Okay, do you want to get the update but still knowing that are you fine
because it’s going to take a little more time with.
Mr. Williams: I was going, I mean we’re going to get a plan in about two weeks maybe
three that he’s putting together, the same guy, the Deputy Administrator. But if you want to hear
it now I got no problem.
Mr. Mayor: Okay.
Mr. Shanahan: I can do a thirty second update.
Mr. Mayor: Okay, a thirty second update would be great.
Mr. Shanahan: Yes, sir, we’ve had two meetings and within the two meeting we’ve
identified the issues that we have downtown. We’ve also identified plans and policy that was
created in the past. They sent that information. In three weeks we will have a plan/policy that
we will, that will be drafted. We’ll take it downtown and we’ll introduce it to the folks in the
city and give them a chance to review it. And after that we’ll bring a completed package before
the Commission and the Mayor for a vote.
Mr. Mayor: Thank you, sir. We have a motion that’s been, do you have anything else?
Mr. Fennoy: Yes, is it possible that you could bring that to the committee before you
bring it to the Commission for a vote?
Mr. Shanahan: Oh, without a doubt. We will follow the correct process. Yes sir, I’m
sorry.
Mr. Fennoy: Okay. All right.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioners will
now vote by the usual sign.
Motion Passes 10-0.
55
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
SUBCOMMITTEE
Ethics Reform Study Subcommittee
31. An Ordinance to amend the Augusta, GA Code Article One, Chapter One, Sections 1-1-
23, 1-1-26 and 1-1-27 relating to county employees or public officials participating directly
or indirectly in procurement contracts and rules of conduct for employees and public
officials of Augusta; to provide for hearing procedures for alleged ethical violations; to
provide for additional penalties for ethical violations; to repeal all Code sections and
Ordinances and parts of Code sections and Ordinances in conflict herewith; to provide an
effective date and for other purposes. (Requested by Commissioner Donnie Smith)
Mr. Mayor: Commissioner Davis.
Ms. Davis: I’d like to make a motion to approve.
Mr. Mayor: Do we have a second?
Mr. Johnson: Second.
Mr. Mayor: We have a motion that’s been properly seconded. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman, I’ll be as fast as I can. I want to talk about
ethics. Too often members of this government (unintelligible) turn a deaf ear and blind eye to
repeated violations of local, state and federal policies and procedures. Some choose to ignore
behavior that is obviously wrong and support policies that could conceivably be financially
detrimental to this government. Your continued silence sends a message to our constituents that
you not only condone such deplorable and despicable conduct but contributes to its success. The
credibility of this governing body is suspect. At times we are so dysfunctional we are unable to
agree to disagree without emotional meltdowns. The former CEO of HP said if a decision
making process is flawed and dysfunctional decisions will go awry. And the most effective
check and balance of government has been an independent press which maintains its credibility
by insuring that its criticism is balanced and based on fact based indeed on solid journalistic
work. Sound bites alone will not suffice. You the media, I’m talking about radio, television,
internet, print media and others must be able to distinguish fact from fiction. We are in need of
watchdog journalism the practice of investigating journalism. What we are lacking is a person or
group of persons that act as a protector or guardian against inefficiency and illegal practices in
government. British media Theodore Deberg said an investigative reporter is a man or woman
whose profession is to discover the truth and to identify lapse from it in whatever media may be
available. Where are our investigative reporters?
Mr. Mayor: I’ll give you another two.
56
Mr. Lockett: Where are our investigative reporters? The people has a right to know the
truth. Thank you, Mr. Chairman.
Mr. Mayor: Thank you, sir. Commissioner Fennoy.
Mr. Fennoy: Could I ask Commissioner Lockett to repeat that please?
Mr. Lockett: Over a cup of coffee.
Mr. Mayor: So ying yang and Hugo whatever his name is. Commissioners will now vote
by the usual sign.
Mr. G. Smith: He got off on another one.
Mr. Williams: I need to change my vote. If I didn’t vote yes, I’ll vote yes on that. I
really don’t remember how that vote came out.
Mr. Fennoy, Mr. Johnson, Ms. Davis, Mr. Mason, Mr. Donnie Smith and Mr. Williams
vote Yes.
Mr. Lockett votes No.
Mr. Jackson, Mr. Guilfoyle and Mr. Grady Smith abstain.
Motion Passes 6-1-3.
Mr. Mayor: It can be based on what the Attorney has said it can be changed as long as it
has not yet been announced. But the Clerk ---
Mr. G. Smith: (inaudible) last meeting last year and I was told no and they made a
recommendation to check the minutes.
Mr. Mayor: But the Clerk had ---
Mr. G. Smith: I was told I could not change my vote and everybody was sitting right
here because it had been on the screen.
Mr. Mayor: But the Clerk had not yet announced. I’m going to go with the ---
Mr. G. Smith: Hey, we’re talking about being fair just, you know, what are we doing
here?
Mr. Williams: We’re being fair, it was not on the screen yet?
Mr. G. Smith: Just a little slow with the button.
Mr. Mayor: I’m going to go with the advice of the Attorney. Point of personal privilege?
57
Mr. D. Smith: Yes, I just want to thank the members of the Commission that voted for
this and the people that worked on it very hard. This was a difficult, emotional item and I just
want to thank everybody for their participation and their input as this represented all of the
Commissioners from all the districts in the best interests of our government and our community
to restore faith if there was a lack of faith in our ethics policy. So I just want to say thank you to
my colleagues for helping me pass this. Thank you.
Mr. Mayor: Thank you. Madam Clerk, agenda item number 32 please.
The Clerk:
ADMINISTRATOR
32. Motion to approve the formal plan between the First Tee of Augusta and the Augusta
Municipal Golf Course. (Requested by Commissioner Marion Williams)
Mr. Jackson: Motion to deny.
Mr. Williams: So moved.
Mr. Lockett: Second.
Mr. Williams: Motion to approve.
Mr. Mayor: Wait, let’s just, so there was a motion to deny then a motion to approve and
then a second. Was the second to the motion to approve?
Mr. Lockett: I seconded the motion to approve.
Mr. Mayor: Okay. Would you yeah, okay. Commissioner Davis.
Ms. Davis: Which motion was made and seconded?
Mr. Mayor: Motion to approve was made and seconded.
Ms. Davis: Okay. Thank you. I’m not going to be able to support this plan tonight and I
appreciate Mr. Simon bringing this to us especially with First Tee because they’re such a good
organization. The bottom line is to me it comes down to us putting in that amount of money into
that course and we don’t have it budgeted. There are so many interested parties now that we’ve
seen on the email from this past week from Commissioners that was sent to us. I’ve gotten
phone calls I feel like there’s some good opportunities you know out in the community and
outside of our community that want The Patch to succeed and keep it with the mission that it has
always been as far as being a community golf course and want to get it into good shape. We
want someone to make sure they put in the money to get it in the proper state. So I would like to
make a motion ---
Mr. Mayor: Substitute motion.
58
Ms. Davis: --- a substitute motion to send out and RFP to explore any and all
options to allow anybody to come to the table that has an interest in The Patch and for
what’s good for Augusta concerning their interest in a possible lease, management
agreement or purchase of The Patch.
Mr. Grady Smith: Second.
Mr. Mayor: Okay, we have a substitute motion that’s been properly seconded.
Commissioner Williams.
Mr. Williams: Well, I thank my colleague for her opinion and she’s entitled to that but in
my mind The Patch will never be for sale. As long as we’re the golf capital of the world we are
looked upon every year all over the world as a place for golf. We’ve got in city courts we’ve
been owning for 80 years or somewhat there’s about. But if we won’t put no money in The
Patch ourselves how do we expect for somebody to come along Mary J. Bligh’s sister’s brother’s
cousin and put money into The Patch when we won’t invest any money. Now I’m not talking
about taking money out of the general fund. I’m talking about the SPLOST I’m talking about
taking money and invest in the course to attract people to Augusta for golf. Now I don’t care
where you go if you mention Augusta Georgia it’s not but two things that’s going to come up.
James Brown who don’t play golf but the Augusta National’s going to be the next thing. And we
need to beautify The Patch. We need do what, Mr. Simon came to the table with a good
proposal. I don’t ever want to leave the control of this government. I want us to realize that we
have got a diamond in the rough. If we invest in it but we quit looking at what other folks won’t
do and I guess, Mr. Mayor, my problem is why would a person want to come in and even
participate with talking about buying it if it wasn’t going to make no money? When folks come
in to buy a business they know the business is viable. They know it’s thriving and golf,
everything to do with golf ought to be brought into Augusta. We ought to be making golf clubs
golf balls golf tees everything to do with golf because we’re the golf capital of the world. And
here we are trying to privatize or sell the golf course. And I don’t understand that. And it ain’t
just started today. My colleague Ms. Davis we mostly on the same team and we’re on the same
team now ---
Mr. Mayor: Two more.
Mr. Williams: Thank you, Mr. Mayor. I just disagree with the motion she had just made.
And she may not realize it and I never play golf. You said you were going to teach me but I
never play golf and don’t plan to play but I know how important golf if to Augusta. So why
won’t we take it and try to get somebody else to come in? Now I agree with Mr. Simon on some
of that stuff but I don’t want a long term situation where he’s going to take advantage of us. I
want the course to get started I want it beautified I want it to be a growing entity for folks all
over the world to say I played in Augusta. And if you beautify it there’ll ask the question did
you play at Augusta National? No I didn’t play the National but as good as it looks they’ll want
to come to Augusta to play it. We have got to do those things to attract the people in here to get
money. The lack of economic development is very bad in the city of Augusta because we’re
doing the same thing we did 40 years ago.
59
Mr. Mayor: Okay. I am going to have to take issue. We do have Starbucks up the
beginning of next year we’ve got Whole Foods and we’ve got Cabela’s.
Mr. Williams: Well, that’s nice but that don’t come close.
Mr. Mayor: Okay. Commissioner Fennoy and then I saw Commissioner Mason and then
Commissioner Guilfoyle then Commissioner Smith then Commissioner Lockett.
Mr. D. Smith: I’m the only one not speaking.
Mr. Fennoy: You know I played up at The Patch for the past I guess 35/40 years and The
Patch is now living up to its name Cabbage Patch. I mean I went up there yesterday, I mean not
yesterday but last week and it was pitiful the way that course has been allowed to deteriorate. I
don’t think the answer to improvement at The Patch is turning it over to First Tee and Paul
Simon or privatizing it. I believe that Recreation and Parks have got to put the same attention
into The Patch that they put into the Aquatic Center and that they put into the Newman Tennis
Center. I think that a cost analysis of how much money we’re putting in The Patch compared to
how much money we’re putting into the Aquatic Center and the Newman Center and I think after
we do that we’ll be able to make an informed decision on the direction that The Patch is going.
One of the biggest problems that I have with turning The Patch over to the First Tee is that
improvement is based on SPLOST money on down the road. I mean if SPLOST money doesn’t
come then where are we going to get the money to, we have Paul Simon operating it but it needs
improvement. I think that we need to hire a golf pro ---
Mr. Mayor: I’ll give you two more.
Mr. Fennoy: --- to come in and run that facility and I think that it can be profitable for
the citizens of Richmond County.
Mr. Mayor: Thank you, sir. Okay Commissioner Mason, Commissioner Guilfoyle,
Commissioner Smith then Commissioner Lockett.
Mr. Mason: Thank you, Mr. Mayor. I uh, first of all let me get some clarity. There’s
been a primary motion and a secondary motion made already? Is that right?
Mr. Mayor: Yes.
Mr. Mason: Okay, so that kind of cuts that out. I don’t know that we have consensus to
do anything here tonight either way. And this has been going on for quite some time. With all
due respect to my colleague Commissioner Davis in reference to the substitute motion we have
several proposals that are still in place from the RFP that we sent out before. So I would wonder
if we turn around and resend out again what happens to those that have already responded to the
one that we have already sitting there? So I don’t know you know what we would do in that case
so I would just you know put that out there for Commissioner Davis to ponder on for a moment.
At the end of the day because it doesn’t seem like we’re going to do anything either way the
60
citizens deserve some type of answer one way or the other. And in the meantime why we can’t
decide quite frankly I think we need to give some direction to our Recreation Department who is
currently running it and give them the resources to do what’s necessary to at least maintain it
while we’re sitting here for the next six or eight months trying to figure out what it is we’re
going to do. And so I agree in principal with Mr. Fennoy in that if it is ran by whoever it’s ran
by you don’t have to have a pro doing it just like you do at Newman Tennis Center and just like
you do at the Aquatic Center. I don’t think any of us would disagree with that piece of it. So
we’re not going to come to an agreement any time soon. We owe that to be happening while
we’re waiting on the decision of what it is we’re going to do up here. But I just wanted to say
Mary we have those proposals that are that we have several already in house that we want to
relook at them or something like that?
Mr. Mayor: Do you want two more?
Mr. Mason: Uh, yes, sir. Also while we’re discussing all of our previous discussions I’m
going to throw another wrinkle into the fold. And this is just for the sake of discussion. If we’re
going to look at this holistically then let’s look at all uses potential uses of the golf course be it
golf or otherwise and see what potentially would be the best use of that property that fits the
masses versus the few. And so I wouldn’t be opposed to having a discussion about other uses of
that course besides golf to figure out you know where we’re going or what’s the best thing for
the citizens. I’ve never played a round of golf in my life so for those folks that play out there
that folks want to play golf because we’re up here on this Commission we want free golf for
ourselves. I never played a round of golf anywhere. I do like the game I watch it but the point is
our decision up here or our lack of decision up here one way of the other is not creating an
answer or solution to The Patch even as it stands right now being run by the city. And we’re
causing a disservice to our employees and our Recreation Department. And so we ought to give
them the tools to be successful while we’re trying to determine which way that we can move
forward. And so I would just offer that up that those proposals are there Commissioner Davis
that we already have them we want to look at them you know that’s one thing but that’s up to
you though. Just wanted to kind of throw that out there.
Mr. Mayor: Okay. Commissioner Guilfoyle then Commissioner Grady Smith then
Commissioner Lockett.
Mr. Guilfoyle: Thank you, Mr. Mayor. In response to the people who’s already bidded
and we’ve got the proposals sitting on the table by putting it back out for rebid you’ll have the
opportunity with other people that’s looking to look at this great little piece of property we have.
I know Mr. Fennoy started golfing 35/40 years ago. 35/40 years ago it was a public/private
partnership with Mr. Red operating that facility and he’s done a lot of good things out there and
that’s what part of the history is. This body had the opportunity back in January with Virginia
Beach but this body failed to move forward with it where we could actually had made money.
This company had done four to five other municipalities that they operate their golf course. We
got a gentleman that’s been here this whole time we’ve been in this meeting, Mr. Griffin he’s got
some great ideas but for it go out for RFP we could actually reach out to the people who wants to
come in and operate it manage whatever we decide to do as one body.
61
Mr. Mayor: Okay. Commissioner Smith.
Mr. Guilfoyle: Um ---
Mr. Mayor: Oh, you’re still going?
Mr. Guilfoyle: The RFP needs to clearly state what we want as a body, what we want for
the future of that course.
Mr. Mayor: And anybody discern that?
Mr. Guilfoyle: Yeah, if we could agree with that would be awesome. But, you know, we
talk about money all the time. We talk about, you know, business but when we turn around and
look at what we just voted on today to spend $2.4 million dollars we did not have we, I still don’t
have a clue because we’re hoping on the next SPLOST and what happens if the next SPLOST
does not pass? We’re already $32 million add another 2.4. That’s going to make it hard for the
next group of Commissioners that comes on in two years when they fact that challenge. Thank
you.
Mr. Mayor: Commissioner Smith.
Mr. G. Smith: Going along a little bit with each Commissioner somebody said back
(inaudible) a pretty good while and I had a discussion the other day with our Administrator. You
know when you put things out for bid why take one thing at a time like taking small bites out of
a sandwich. Put them all out on the table you want egg salad, pimento cheese, ham salad or
turkey. The thing about it is let’s find out what we want up here as a body for that course that is
for our people of Richmond County so it’s something we can be proud of. Why don’t we write
the minimum standards and let them all bid on it and make sure they have a bond when they turn
in a bid and then turn around and read the bids and what’s best for Richmond County. You’ve
got folks wanting to come in here and I know this because I’ve been in touch with several of
them who want to come in here spend their own money. The only thing they want to know is
Richmond County has the lease on the property it’s their property but they want to be able to use
their money, be left alone and not have somebody come in and tell them they got to do this they
got to do that. You know set the rules before they get here. Set the standards then if they want
to above the standards after they’ve received the contract then that’s their deal. That’s their
private money. And we you get, when you look around at the other courses around this area that
are private it’ll run better because competition breeds a better environment. And when you’ve
got courses vying for people to come up there and play versus just running them an automatic
ticket for winking and nod you’ve got a lot of money coming through the door that’s not being,
the cash register’s not being hit. And that’s the problem with that place up there now. I
guarantee you. You’ve got some folks that are interested former residents of this county most of
them former golfers that played either high school, college or a couple of them on the tour I’ve
been talking to. They want to come in and spend their money. We ought to let them. We ought
to write up, get a committee write up what we want for that place and then say hey, here’s the
standard we want submit your bid with a bond ---
62
Mr. Mayor: I’ll give you two more.
Mr. G. Smith: Thank you, sir. Submit your bid with a bond and that way you won’t be
so quick to withdraw or whatever. You meet the standards and then anything above that comes
out of your pocket. And right now I know some folks that are pretty solid that want to come in
are interested. And like I told Mr. Russell, you know, we got to just quit zeroing in on one
person. We saw what happened when the gentleman went back to Scotland. And so let’s look at
everybody. Call them in and talk to them one by one and make sure there’s no
misunderstanding. I do this stuff everyday in private enterprise in my business. If you aren’t
low or don’t have something to offer on the bid boom, you’re out the door and you go to the next
one. But submit a bond with the bid and let’s see who’s really serious about taking that place
over at their expense, private enterprise not public taxpayers’ money. And a lot of people in this
county love golf but you’ve got a lot of people also who don’t play golf. And some of them
asked me call me and I’m getting two sides of the fence. Why should my tax money be going to
pay for somebody to play up there? And let’s set a standard and you pay as you play. But I
guarantee you private enterprise ain’t going to let a gang go up there and play for free but that’s a
lot of what’s been happening. And that’s why a lot of good players up there left because too
many were coming up playing on a wink and a nod whatever they wanted to do and bam they
would do it. And so the rest of them said you know I’m not going to be a part of that. But we’ve
got a jewel in the rough is what, diamond in the rough Commissioner Williams said. I know he
never plays golf so but at least he knows a diamond in the rough when he sees one.
Mr. Williams: You got that right.
Mr. G. Smith: I know he does. If I had his money I wouldn’t be here now. But anyway I
would say we got a diamond in the rough and he’s right. If we use it the right way we could turn
it around and show other areas how to make money on a public facility.
Mr. Mayor: Okay, thank you, sir. And Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. Commissioner Smith just eluded to what I said
earlier about turning a deaf ear and a blind eye. If you know these irregularities are going on out
at the golf course, it’s up to us to do something about it. I don’t play golf, have never played and
not even interested in watching in on TV to tell you the truth. But when we have a golf course
and many of you all have said I can’t understand why Bill Lockett goes along with Mr. Simon
now because he always opposed on everything else. But Mr. Simon has a good idea. First Tee is
expanding. First Tee is teaching our young people leadership, integrity, good character the
whole nine yards. And if we could have involvement with them and when the kids grow out of
the range for First Tee they have a home with us. Now I know that we can make a profit on the
golf course but first of all we’ve got to invest some money in it. And the plan that was on the
table with Mr. Simon we were talking about SPLOST VII funds the Administrator said it
wouldn’t be no problem because you’d have two years on it. You’re taking a chance but if
you’re in business, I’ve been in business before, you’re going to take chances. But we
continuously cut, cut, cut year after year after year but where we are failing is we’re not
generating revenue. And when we continue to outsource these people are coming here because
they want to make money. I mean they make the bucks and they give us the crumbs. So if we
63
have an opportunity to make the bucks to put in our till so we can better represent the taxpayers
why don’t we do it? And the diamond in the rough I don’t know but it’s a good opportunity out
there and I’d hate to see our money leaving Richmond County and go to Virginia or somewhere
else. Thank you, Mr. Chairman.
Mr. Mayor: Okay, thank you, sir. We have a substitute motion on the floor that’s been
properly seconded. Madam Clerk, if you could read that back for clarity.
The Clerk: Yes, sir, it was to send out a request for proposals to explore all the options
for anyone who is interested in operating the golf course such as through a lease or management
agreement.
Mr. Mayor: Commissioners will now vote by the substitute sign of voting.
Mr. Williams: Nancy, I know how I’m voting this time now.
Mr. G. Smith: Don’t change your mind.
Mr. Williams: I’m ain’t changing it. I guarantee it.
Ms. Davis, Mr. Jackson, Mr. D. Smith, Mr. Guilfoyle and Mr. G. Smith vote Yes.
Mr. Fennoy, Mr. Johnson, Mr. Mason, Mr. Lockett and Mr. Williams vote No.
Motion ties 5-5.
Mr. G. Smith: Mr. Mayor, what’s your handicap?
The Mayor votes Yes.
Motion Passes 6-5.
Mr. Mayor: Out of deference to Commissioner Davis.
Mr. Jackson: Are we done?
Mr. Mayor: No, we’ve got one more. Could we just get a motion to approve the last
one?
Mr. D. Smith: What is the last one?
Mr. Mayor: The Planning Director.
ADMINISTRATOR
33. Motion to approve the recommendation of the Administrator regarding the position of
Planning and Development Director.
Mr. D. Smith: Mr. Mayor, can I make a motion we approve that we approve
number 33?
64
Mr. Lockett: Second.
Mr. Mayor: We have a motion that’s been properly seconded. If there is no further
discussion Commissioners will now vote by the usual sign.
Motion Passes 10-0.
Mr. Mayor: Nice way to go out lady and gentlemen. With no further business to come
before the body, we stand adjourned.
[MEETING ADJOURNED]
Nancy Morawski
Deputy Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
August 20, 2013.
______________________________
Clerk of Commission
65