HomeMy WebLinkAboutRegular Commission Meeting October 1, 2013
REGULAR MEETING COMMISSION CHAMBER
OCTOBER 1, 2013
Augusta Richmond County Commission convened at 2:00 p.m., October 1, 2013, the
Hon. Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Lockett, Mason, D. Smith, Williams, Fennoy, Johnson, Jackson,
Davis and G. Smith, members of Augusta Richmond County Commission.
Absent: Hon. Guilfoyle, member of Augusta Richmond County Commission.
Mr. Mayor: Okay, I will go ahead and call the Commission Meeting to order. And our
Reverend who was going to administer the invocation had to leave. So that I would ask that we
open, stand and open in a moment of silent prayer. Thank you and please join me in the Pledge.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Madam Clerk, on to the Delegations.
The Clerk:
DELEGATIONS
A. Mr. Felton Mitchell regarding tax increase.
Mr. Mayor: Mr. Mitchell? Okay, no Mr. Mitchell. Okay, Madam Clerk, on to the
consent agenda, please.
The Clerk: Yes, sir. Our consent agenda consists of items 1-22.
Mr. Mayor: Okay, do we have any additions to the consent agenda?
Mr. Lockett: Mr. Mayor ---
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: --- agenda item number 25 if that’s okay with my colleagues.
Mr. Mayor: Okay. Not really much else to be added to. Is there anything to be pulled
for discussion? Commissioner Smith.
Mr. D. Smith: Yes, sir. On advice from our staff I would like to pull number eight and
offer it for, I make a motion that we receive it as information as opposed to scheduling the
workshop.
Mr. Mayor: Okay, is everybody good with that?
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Mr. Mason: Yes.
Mr. Mayor: Okay. Do we have any further? Mr. Mayor Pro Tem.
Mr. Johnson: Thank you. Item 23 I think the reason why it wouldn’t pass we didn’t,
there wasn’t a quorum at the committee.
Mr. Mason: We need to hear something on that.
Mr. Mayor: Yeah, we’ve got that one covered.
Mr. Johnson: Okay.
Mr. Mayor: Okay. Commissioner Lockett.
Mr. Lockett: Mr. Mayor, I would like to pull agenda item number one, and number five.
And I have a question on number 16; it could probably be easily resolved.
Mr. Mayor: Okay on 16. Do we have somebody to speak to that? Is Abie here?
Mr. Lockett: Do we have anybody from the Engineering Department.
Mr. Mayor: Mr. Cassell, come on down. Commissioner Lockett, you have the floor.
Mr. Lockett: Thank you, Mr. Mayor. Mr. Cassell, my only question is many of my
colleagues plus myself we are in support of cleaning up Augusta Richmond County. And I see
that this $500,000 dollars that’s requested is coming from Transportation Investment Act. And
my question is that going to give you all sufficient money to do what we need to do in order to
clean up this city, county? Or would additional money help you out? If so, can it come from
TIA discretionary fund?
Mr. Cassell: Right now we’re just looking at pretty much getting us through the year.
The tree fund about $200,000 is what we think we can get through the end of the year until the
next budget. We’re out of money for the year so the TIA we can use it as long as it’s along the
roadway. We can’t use it to clean the ditch on you know an easement but we can do it for the
roadway maintenance as far as mowing along some of our major corridors.
Mr. Lockett: Okay, so in other words you cannot mow on Deans Bridge or
Meadowbrook or whatever with TIA funds?
Mr. Cassel: Yes, we can.
Mr. Lockett: Okay, my question is this. Ya’ll have asked for $500,000. Will that be
enough for you to keep those streets clean or would you need additional money? If you need
additional money could you get by using the discretionary account that you reference here?
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Mr. Cassel: Yeah, I mean it just depends on whether you want to, how you want to use
the discretionary. We’re trying to get ahead of the game. We’re behind on some of the stuff as
we’ve been saying before and we thought this could kind of give us a good boost. But, you
know, moving forward the discretionary the most it’s going to last is ten years. So it’s not a long
term solution to anything. Plus we wanted to use that for resurfacing projects and other things
and other safety projects moving forward. So to entirely attach it to maintenance would be you
know (inaudible).
Mr. Lockett: Okay.
Mr. Mayor: Okay.
Mr. Lockett: All right, thank you very much. Thank you, Mr. Chairman.
Mr. Mayor: Commissioner Mason?
Mr. Mason: Not so fast there, Steve. I just want to, well, I tell you what. You’re not
asking for more than what you’re asking for right now right? So we’ll have a conversation on
that, Mr. Mayor. We can do that.
Mr. Mayor: Okay and since we’re having technical difficulties we have a consent agenda
which we’ve had items one and five pulled and item eight to be received as information. Can I
get a motion, and item 25 added. Can I get a motion to approve the consent agenda?
Mr. Lockett: So moved.
Mr. Johnson: Second.
CONSENT AGENDA
PUBLIC SERVICES
2. Motion to accept the GDOT Grant for the Airport Master Plan and Taxiway “A” and
ARFF Pavement Design Project as accepted by the Augusta Aviation Commission at their
August 29, 2013 meeting. (Approved by Public Services Committee September 23, 2013)
3. Motion to approve the Intergovernmental Agreement (IGA) between the Georgia
Department of Health, East Central Health District and the Augusta Regional Airport for
trailer storage as approved by the Augusta Aviation Commission at their August 29, 2013
Meeting. (Approved by Public Services Committee September 23, 2013)
4. Motion to approve the lease with the TSA as approved by the Augusta Aviation
Commission at their August 29, 2013 meeting. (Approved by Public Services Committee
September 23, 2013)
PUBLIC SERVICES
6. Motion to approve the award of a 2013 Emergency Management Performance Grant
(EMPG) for the Augusta EMA Department in the amount of 460,165.00. (Approved by
Public Safety Committee September 23, 2013)
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7. Motion to approve acceptance of an Augusta Judicial Circuit Felony Drug Court
Federal Grant in the amount of $200,000 for 24 months from the Office of Justice
Programs at the Department of Justice. (Approved by Public Safety Committee September
23, 2013)
8. Motion to approve scheduling a workshop within 30 days through the Information
Technology Department (IT) and ask all affected departments and stakeholders to attend
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and report back a recommendation to the committee by November 15 regarding the
Motorola camera and radio system presentation. (Approved by Public Safety Committee
September 23, 2013)
9. Motion to approve Upgrade of Sungard IFAS Product to One Solution. (Approved by
Public Safety Committee September 23, 2013)
FINANCE
10. Motion to approve the purchase of one tracked skid steer loader with transport trailer
for Augusta Engineering Department – Maintenance Division. (Approved by Finance
Services Committee September 23, 2013)
11. Motion to approve the purchase of one (1) new street sweeper for the Environmental
Services Department. Bid Item 13-163. (Approved by Finance Committee September 23,
2013)
ENGINEERING SERVICES
12. Motion to approve and authorize execution of an agreement between Augusta and the
University of Georgia Research Foundation, Inc. Savannah River Ecology Laboratory
(SREL) for the continuation of research and data collection related to bird activity around
the constructed wetland treatment system. (Approved by Engineering Services Committee
September 23, 2013)
13. Motion to approve providing necessary signatures on furnished Memorandum of
Understanding to include Augusta Utilities Department water and sanitary sewer main
relocations in the Georgia Department of Transportation contract, through competitive
bidding, for GDOT Projects STP00-1105-00(004) & BHSLB-1105-00(005), PI No. 245320 &
245325, Richmond County C.R. 65/Windsor Springs Road from S.R. 88 to Willis Forman
Road-TIA and C.R. 65/Windsor Springs Road at NS #734145P in Hephzibah. (Approved
by Engineering Services Committee September 23, 2013)
14. Motion to approve proposal from Woolpert, Inc. to provide and implement Citiworks
at a cost not to exceed $627,355. RFQ 12-221 (Approved by Engineering Services
Committee September 23, 2013)
15. Motion to approve/ratify the application from GDOT for Local Maintenance and
Improvement Grant (LMIG), to be sued for Belair Road construction, as requested by
AED. (Approved by Engineering Services Committee September 23, 2013)
16. Motion to approve the continued funding of the current On-Call Tree Removal Services
Contract in the amount of $200,000, and the On-Call Vegetation Maintenance Contract in
the amount of $500,000 from the Transportation Investment Act (TIA) discretionary
account. Funding is solely for the purposes of hazardous tree removal and pruning: and
vegetation maintenance along the county’s roadway system, which is within the criteria of
transportation discretionary fund usage, as requested by AED. (Approved by Engineering
Services Committee September 23, 2013)
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17. Motion to approve an Option for the purposes of acquiring a Right-of-Way between
George Bowen, as owner, and Augusta, Georgia, as optionee, in connection with the Marks
Church Road Reconstruction Project, 0.008 acres (366.85 sq. ft.) in fee more or less and
N/A acre of permanent easement, more or less; and (1,075.02 sq. ft.) of temporary
construction easement, more or less, and N/A temporary driveway easement of Project
Marks Church Road Reconstruction, from property located at: 2906 Raes Creek Road,
private at the purchase price of $1,800.00. (Approved by Engineering Services Committee
September 23, 2013)
18. Motion to approve an Option for the purposes of acquiring a Right-of-Way between
James C. Folk, as Successor Trustee to the James M. Green Trust, as owner, and Augusta,
Georgia, as optionee, in connection with the Belair Road Improvement Project, consisting
of (1,642 sq. ft.) in fee, more or less, and (110 sq. ft.) of permanent easement, more or less;
and (1,390 sq. ft.) of temporary construction easement, more or less, on Project Belair
Road Improvement, from property located at: 3840 Belair Road, private, at the purchase
price of $2,754.00. (Approved by Engineering Services Committee September 23, 2013)
19. Motion to approve an Option for the purposes of acquiring a Right-of-Way between
Claude Robert Wilkes, Sr., and Barbara A. Wilkes, as owner, and Augusta, Georgia, as
optionee, in connection with the Belair Road Improvement Project, consisting of (N/A sq.
ft.) in fee, more or less, and (1,050 sq. ft.) of permanent easement, more or less: and (1.50
sq. ft.) of temporary construction easement, more or less, on Project the Belair Road
Improvement, from property located at: 3830 Belair Road, private, at the purchase price of
$1,950.00. (Approved by Engineering Services Committee September 23, 2013)
20. Motion to approve $144,548.45 payment to Blair for emergency support services, to
provide appropriate fire protection and water quality in the Berckmans Road area.
(Approved by Engineering Services Committee September 23, 2013)
PETITIONS AND COMMUNICATIONS
21. Motion to approve the minutes of the regular meeting of the Commission held on
September 17, 2013.
SUBCOMMITTEE
Pension Committee
22. Motion to adopt an Ordinance to Amend the GMEBS II Plan regarding conversion of
unused sick leave toward retirement credit. This plan covers members of the former
Planning and Zoning Department. (Approved by Commission September 17, 2013)
PUBLIC SAFETY
25. Motion to accept grant award of $25,000 from Governor’s Office of Highway Safety for
the period of October 1, 2013 – September 20, 2014 for Richmond County State Court DUI
Accountability Court Program.
Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now
vote by the usual sign. Oh, excuse me, all in favor vote by Aye. Opposed?
Mr. Guilfoyle out.
Motion carries 9-0. [Items 2-4, 6-22, 25]
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Mr. Mayor: Madam Clerk, if we could go to the first pulled item.
The Clerk:
PUBLIC SERVICES
1. Motion to approve allowing Mr. Tyrone Davis, d/b/a: Pure Platinum Sports Bar, 2064
Gordon Highway, to change his operations to that of a bar; close at the regular hours for a
bar; not allow anyone in under the age of 21 and place him on six months’ probation. (For
failure to comply with the Augusta-Richmond County Alcohol Ordinance) (Approved by
Public Service Committee September 23, 2013)
Mr. Mayor: Commissioner Lockett, this was your pull?
Mr. Lockett: Thank you, Mr. Chairman. And if I could in advance I’d like to give it four
minutes. Mr. Sherman, Cloud Nine was a painfully long time. According to information I have
during the time Cloud Nine was opened by the same people that’s got Pure Platinum. There
were 148 incident reports within a twelve month period. And there were 15 under age
consumption of alcohol complaints. Now when they came before this body and they suspected
that their license was going to be revoked they entered into mediation or negotiated with License
and Inspection and some of the members on this body went along with it and allowed them to
surrender their license. Then shortly thereafter they came with Pure Platinum which is in my
district on the corner of North Leg and Gordon Highway. Since they’ve been there there’s been
one death, been a shootout in an adjacent parking lot where one person was injured. There have
been about 14 incidents of underage consumption of alcoholic beverages. You’ll notice at Cloud
Nine there were 15 and there 14. And this was people that were actually caught. My question to
License and Inspections are our policies without teeth or is the enforcement of these policies
inadequate or just inconsistent? I don’t want you to answer my question right now. I believe a
few months ago we shut down a club that was sited with one violation. One violation they shut
them down and this was an accessible year. Today we have a club that has a disastrous track
record. Why are we again negotiating with representatives of the club? They negotiated a deal
with Cloud Nine ---
Mr. Mayor: Second two.
Mr. Lockett: --- and now you’re attempting to negotiate another deal for Pure Platinum.
In a negotiation each party must bring something to the table. What has Pure Platinum brought
to the table other than another promise? I don’t know if I have support but my motion would be
I move that the license of Pure Platinum be suspended for three months followed by 12-months’
probation. Any violation during the probationary period will result in a possible permanent
revocation of license. It is time that this body became consistent that we use our existing laws
we enforce them and if we don’t do that then we’re going to lose control of this. And as I
indicated I don’t know if I’ll have a second or not but that is how I feel about it. If I would like
to make that a motion and I hope that my colleagues will see fit to support it.
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Mr. Mayor: Is there a second for that motion first of all? Okay, I’ll hear from Mr.
Sherman first then the Mayor Pro Tem or actually then Commissioner Williams then the Mayor
Pro Tem. I saw your hand first.
Mr. Sherman: Well, let me go back and give a little history on Cloud Nine. At the time
the person who holds this license that we’re talking about today was a manager up there. And
Cloud Nine is the old Shoney’s up on Wrightsboro. They had business license, it was a bar and
grill. They technically had a business license as a restaurant. Now if you are a restaurant and
you have an alcohol license you’re supposed to have at least 50% sales in your gross revenue. If
you have 50% sales all ages are allowed in. If it’s a restaurant like an Applebee’s, it’s TGI
Fridays that’s how it’s looked at. That was not that type of a restaurant. What was going on was
they were allowing a promoter to have dances at that location and they didn’t have a dance hall
license so should not have been doing that. That was a lot of the complaints. It was right behind
a neighborhood. They had complaints about the loud noise. We ended up taking Mr. Davis to
magistrate court for violating the dance hall ordinance. He there were problems that there was
underage drinking. That’s the problem with a bar that’s classified as a restaurant and you allow
all ages in you’re going to have underage drinking in an establishment like that. We did an audit
and what we found is that he did meet the better than 50% food sales but we questioned his
documentation. It just didn’t add up. He couldn’t support the numbers. But in February we
were going to put him on the agenda to take action against his license. At that time the person
who held the license the woman who held the license surrendered that license and changed it, she
said she would change the classification to a bar. That was the biggest problem is having
underage in a bar setting and thinking that they’re not going to drink because they are. You’re
going to get a drink if you’re in a bar underage. So they surrendered the application or the
business license and became a bar. Then in I think it was April Mr. Davis was going to apply for
the alcohol license in his name. We had neighbors come out and it was pulled from the agenda
so it didn’t go through. And then idea was that he needs another location. This is not a good
location right behind a neighborhood. They came back in August and they applied to transfer the
license put it in his name transfer the license to the Gordon Highway address. There again as a
restaurant. Now at that meeting he said he would not allow under 21 to come in but that he
wanted to operate a restaurant. We said we would do an audit in six months to verify that you
are selling or complying with that part of the code. It opened up and then probably in June or
July we conducted the audit at the same time that the lady was in here about her son who got in a
fight at Pure Platinum on Gordon Highway. We did the audit it came back at 52%. We
questioned that. We don’t think those are good numbers. There is no good documentation on
his sales but it is what he gave us. Based on the information he gave us it was 52% but then it
was 56%. So the numbers are supposed to add up. It was supposed to be equal and they were
not. We met with him and his attorney at that time. We said we believe you need to change
your classification to that of a bar. That would solve all the problems. The big problem with the
Sheriff’s Department and with these establishments that are somewhat restaurants that are really
bars is that after the bars close they can legally stay open 24 hours. That’s when you have people
hanging out. That’s when you have problems. That’s why we felt like if you will change your
classification to that of a bar we know that you will be closed at 2:30 or 3:00 depending on if it’s
Sunday morning or Monday through Friday and then when the Sheriff’s Department rides by at
2:30 or 3:00 they know that you’re supposed to be closed, nobody’s supposed to be in the
building and they know then that there’s no alcohol being sold. When we met with him back in
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the middle of the summer he didn’t want to agree to that. We tried to get him to agree to it. We
felt like that would save us from having to bring him down here to you. He decided not to do
that. We put it on the agenda as a 30-day suspension of his business license and alcohol license,
classify him as a restaurant and do six months’ probation. Last week before the committee
meeting we received a call from his attorney and they rethought, the owner rethought it and said
that he would agree to operate as a bar and that’s how we got to that point. We think that his big
problem will go away if he’s operating as a bar and closing. Now as far as the when the person
got into a fight out there and then he eventually died the Sheriff’s Department investigated that.
They didn’t find any connection to the operation of the business operation. It’s two people
getting into a fight. It was turned over to the District Attorney’s office and it’s my understanding
they also felt the same. They’re interpretation of what happened was also that, two individuals
getting into a fight. One had more to drink than the other (inaudible) being the aggressor and
that was what happened there. Where there was a shooting in the parking lot the Sheriff’s
Department also investigated that. This was in parking lot across the street. What we’re told is
that the first person got there from another bar, he pulled into the parking lot another person
pulled into the parking lot and they decided to shoot the other one.
Mr. Lockett: Mr. Mayor, may I finish please?
Mr. Mayor: You’ve got one more minute.
Mr. Lockett: Thank you, that’s all I need. Mr. Sherman, you made reference to the fact
that Cloud Nine was in a residential area. So is Pure Platinum. They got mobile homes right on
the street right now and I know we always talk about the number of complaints we get from
constituents. I received many complaints from constituents. And we don’t, I’m not going to talk
about it because I only have a few seconds left but the fact is underage consumption at both
establishments. Now 15 was documented at Cloud Nine, 14 at Pure Platinum. Now how many
times did they have underage people in there drinking that wasn’t detected? And my last
comment to you is we have got to stop negotiating. When you have violated the law you don’t
have anything to negotiate with. And we’ve got to let them know we mean business. Mr.
Chairman, thank you.
Mr. Mayor: Okay, thank you. Commissioner Williams and then Mr. Mayor Pro Tem
then Commissioner Mason.
Mr. Williams: Thank you, Mr. Mayor. Rob, when we came in the committee meeting I
supported this because I think we had talked about the six months’ probation. Not only that but
taking the food away for a while where it wouldn’t be a restaurant. Now you’re talking about
shootings and I went back last week, maybe a couple of weeks ago when the young man went
into the neighboring facility and shot all those people. People are doing some crazy things
especially young folks. I mean but if you’re going to close them all down now we’re giving this
guy another opportunity. And I think we’ve got some guidelines in place like Commissioner
Lockett said to make sure that does what he says he supposed to do. But when you’re paying
three officers to be outside to take care of the parking lot and owner cannot be responsible. Mr.
Mayor, you’re in charge of this meeting but you can’t dictate what folks are going to do when
they go out the door now. I mean you can’t dictate what they do in here but out the door you
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really can’t dictate. So I’ve got some issues. I’ve got some problems with trying to control.
And I understand what Commissioner Lockett is saying I mean but I heard those same
complaints and I know where the new location is but he is a taxpayer, he is a business man who’s
trying to do some things in the city of Augusta. We need to make sure that we done dot every ‘I’
and cross every ‘T’. I go back to the first incident when we talked about when a young man was
on Gordon Highway and came in and did some provocative stuff. And I didn’t agree with that. I
thought it was too harsh on him for the very first time, for the very first time. So I’m going to
make a motion we approve this ---
Mr. Mayor: Substitute motion?
Mr. Williams: --- substitute motion that we approve this.
That we go ahead and
watch this closely. Make sure we do our job and License and Inspections and the Police
Department. And if he’s caught in violation then we need to shut it down because we’re giving
him an opportunity ---
Mr. Mayor: Do you need another two?
Mr. Williams: Just one more. He needs an opportunity to know that we’re going to be
watching this closely and that we’re going to do what we said and he’s got to do what he says.
So that’s my substitute motion.
Mr. Jackson: Second.
Mr. Mayor: Okay, we have a motion that’s been made and properly seconded. Mr.
Mayor Pro Tem and the Commissioner Mason.
Mr. Johnson: Thank you, Mr. Mayor. I’m just going to echo the sentiments of my
colleague Commissioner Williams. I think when you look at the item it’s really particularly not
germane to what Commissioner Lockett is talking about. I understand what his concerns are but
we have those same concerns but what we have to understand is we’re dealing with the actual
item here in reference to the alcohol violation and the food sales. If there’s anything outside of
that then we will have to be you know of course at some other time dealing with that but again
you know he actually concurred with what we asked him to do. He went out and did what he
needed to do. He followed the ordinance and that we have in place therefore you know our
hands are really tied on the other stuff. It’s just not something we can indulge into the
investigation. We’re not law enforcement, we’re not attorneys and the evidence came back as
they are. I think the best advice and I’ve given it to Mr. Davis before is you know you can’t
control at the end of the day people. It’s very difficult to control people especially if they get
alcohol in them. But you know try to cater to a crowd you respects not only you but respects
your establishment. That’s the best advice I can give you because if they don’t respect
themselves they’re not going to respect your establishment and anything can happen. And it
reflects on you and your business and I don’t think you’re in business to create that type of
atmosphere. So that would just be something I’d like to just say to you here publicly and I hope
that you can probably look at those things because you know they do send a reflection back on
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your establishment, you know, and I think you’ve done exactly what we asked you to do. So we
can’t hold you accountable for something that you have no control over. Thank you, Mr. Mayor.
Mr. Mayor: Thank you. Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. Rob, I don’t, this is not for you. This is just a
comment basically. Anybody’s who’s been up here many know that I’ve been as tough on clubs
as anybody has in terms of following the established rules and guidelines and being accountable.
I do appreciate Mr. Lockett bringing that forward. Historical data can sometimes be an indicator
of how you would, how things will go futuristically. However having a conversation with the
Sheriff yesterday Commissioner or the Mayor Pro Tem, myself and Commissioner Guilfoyle I
feel fairly confident moving forward with what has been presented to us. So it appears you’re
going to get a second chance today. The young man whose life has been taken, he doesn’t have
another chance and we can’t take that lightly. Now whether you bear full responsibility of that
or not you know you’re not going to convince some people his mother and others that you don’t
and I get that. But at the same time here’s another, here’s an opportunity and so heard some of
the historical stuff that you already know that potentially is true. So I would encourage you with
this opportunity to do everything in your power and everything that you can to conduct a
business that will be worthy of keeping this license because I for one will not hesitate in the
future to ask for revocation if we can’t abide by the rules that we have here. So you get a second
opportunity today it appears and I would highly suggest that you take full advantage of that
opportunity. Thank you Mr. Mayor.
Mr. Mayor: Thank you. Okay, we have a substitute motion that’s been made and
properly seconded. If there’s no further discussion Commissioners will now vote by the
substitute ---
Mr. Williams: Mr. Mayor ---
Mr. Mayor: --- sign of voting.
Mr. Williams: --- I just want to get a clarity on what we’re doing.
Mr. Sherman: If I could make a correction on the way the agenda item is worded. And if
you will pick up at 2064 Gordon Highway and it says to change his operations to that of a bar;
close at the regular hours for a bar. What that should say is to change his operations to that of a
bar and close at the regular hours for a bar. He is still going to sell food and he will be classed as
a restaurant but he ---
Mr. Williams: Close at the same time.
Mr. Sherman: --- has agreed that under 21 is not allowed and that he will close up at the
hours of a bar which will be Monday through Friday and out of the door at 3:00, close at 2:30 out
of the door at 3:00. Sunday morning close at 2:00 and out of the door at 2:30.
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Mr. Mayor: Okay and the maker of the substitute motion is fine with amending his
motion to reflect those changes?
Mr. Williams: Right.
Mr. Mayor: Okay. We have a substitute motion that’s been made and properly
seconded. Commissioners will, Commissioner Smith?
Mr. D. Smith: I think that changes a lot of people’s view of that. I mean what, that’s
entirely different than what ya’ll have been saying for the last ten minutes because that’s if, and,
or. My personal feeling was when we started this was that he was going to modify his behavior
and modify his business. Now he’s saying wait a minute let me change this I want to do this.
I’m real uncomfortable with that and to come up at the last minute after he’s made his motion
and say hold on let me change this, no that’s not, I’m not good with that.
Mr. Mayor: And can we hear from representation from the applicant.
Mr. Cosper: My name is Chris Cosper. I represent Mr. Davis. That was always what we
had discussed. I have an email from Mr. Sherman that he would continue to operate but he
would keep out people under 21 and he would close at bar hours. I’m not sure what correlation
between selling food and bad activity so I don’t know that not allowing food to be sold there
would have any effect on minimizing bad things. I would think food there would actually help
you know rather than just being a bar. But it’s not something we ever discussed was not selling
food. So anyway I think that was mentioned maybe some confusion in closing at bar hours and
no longer selling food. But that certainly wasn’t something we had discussed.
Mr. Mayor: Commissioner Smith?
Mr. D. Smith: I’m still confused as mud.
Mr. Sherman: Well, what has been stated that he would, how he would operate is that he
will close no one under 21 can come in, period anytime of the day.
Mr. D. Smith: And how do you enforce that?
Mr. Sherman: He said that no one would come in and that’s the only thing we can go by.
When the Sheriff’s Department goes by there a deputy’s working special no under 21 can come
in. Now and then he closes at 2:30 and 3:00 regular bar hours. Now his reason for asking for a
restaurant, remain as a restaurant it’s obvious. He’s going to want to try to come back and get
Sunday sales. Now to get Sunday Sales he has got to meet the 50% food sales. Right now he’s
on six months’ probation. He can’t come back. After six months what I would suggest if we do
an audit and if the numbers don’t add up if he doesn’t have good documentation then we cannot
recommend that he get the Sunday Sales. But otherwise he you know he can call it anything he
wants to. He’s going to be a bar. It’s under 21’s not allowed and the hours.
Mr. Mayor: Okay. Commissioner Williams.
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Mr. Williams: The first time he’s in violation, he’s shut down.
Mr. Sherman: The first time he’s in violation, we come back to you asking we ask you to
revoke his license.
Mr. Williams: That’s right and I think the difference is if he says a restaurant he could
still be open later. But by, if he said restaurant he wouldn’t be able to stay later but he’s closing
early.
Mr. Sherman: Yes, restaurant, I don’t, it would be much simpler if he just said he was a
bar because that’s exactly what he’s going to be is a bar. He cannot stay open after 2:30 or 3:00
Friday and Saturday.
Mr. Williams: Okay, why can’t he say that and sell food as well?
Mr. Sherman: He can. He can continue to sell food. Nothing changes except who he
allows in ---
Mr. Williams: And the hours.
Mr. Sherman: --- and the hours.
Mr. Mayor: Okay.
Mr. D. Smith: Will you change your motion?
Mr. Williams: I mean if it’s not going to be any different, I’ll change that motion to read
like it states in the agenda item that it be a bar but he will be allowed to sell food.
Mr. Sherman: (inaudible).
Mr. Williams: Okay, I mean I don’t want to ---
Mr. Lockett: Mr. Chairman, could that motion be read by the Clerk please?
Mr. Mayor: I will have that read. I wanted to recognize Commissioner Fennoy first.
Commissioner Fennoy.
Mr. Fennoy: Thank you. Mr. Sherman, I noticed you said earlier that there was some
you doubted the documentation as far as the percentage of food to back up sales. What kind of
documentation are you going to require to make sure that he meets that requirement or will he
have to provide that documentation now that it’s considered a bar?
Mr. Sherman: He should have provided it the way the code requires all along. He’s got a
system in his register for point of sale. And his employees need to correctly enter the sales
12
whether it’s food or beverage. And he’s got to keep the receipts. He said that we can, when it’s
time to do an audit we’ve got all the information that we need to determine his purchases and his
sales his food sales his alcohol sales.
Mr. Fennoy: Okay. And earlier you made reference of his business operation as that of
an Applebee’s or T.G.I. Fridays. Would that change?
Mr. Sherman: No, well, what I was saying is, actually what I was saying is his operation
is not that of an Applebee’s or a Fridays, a place that sells food that has an alcohol license. His
dominate, those their dominate activity is food sales, alcohol to their food sales. If you were to
go to this place and want to order food I don’t know when you would go and when you could
order it. I mean it’s not a clear cut restaurant. And on that we will be coming back with a
complete revamping of the alcohol ordinance to address this issue and other similar issues
ordinance amendments that we’ve had issues with over the years just to straighten it up.
Mr. Fennoy: Well, his primary source of income would be alcohol as opposed to the
food but he can sell if he decides to.
Mr. Sherman: Yes.
Mr. Fennoy: Okay.
Mr. Mayor: Okay and, Madam Clerk, if you would read back the substitute motion for
clarity.
The Clerk: Yes, sir. The motion was to have Mr. Davis change his operation to that of a
bar and close at the regular hours for a bar, that he would be allowed to sell food, that he not
allow anyone in under the age of 21, that he be placed on six months’ probation, that his
activities be monitored and if there is any violation that his license would be revoked.
Mr. Sherman: But we’ll bring it back to you.
The Clerk: Bring it back for a possible revocation.
Mr. Mayor: Okay, we have a substitute motion that’s been made and properly seconded.
Commissioners will now vote by the substitute sign of voting.
Mr. Lockett votes No.
Mr. Guilfoyle out.
Motion Passes 8-1.
Mr. Mason: Mr. Davis, we don’t, we don’t want to see you back.
Mr. Mayor: Okay. Madam Clerk, on to the next pulled agenda item.
The Clerk:
13
ADMINISTRATIVE SERVICES
5. Motion to approve tasking the Administrator and Mr. Wheeler to assemble a review
team who will address the (attached) questions from Commissioner Mason and report back
in 60 days (regarding the Laney Walker/Bethlehem Revitalization Project Bridge Loan
request of $2,500,000.00). (Approved by Administrative Services Committee September 23,
2013)
Mr. Mayor: Commissioner Lockett, this was your pull.
Mr. Lockett: Thank you, Mr. Chairman. I don’t mean any offense to anyone but I
drafted this just the way it came to my mind. The motion is to have the Administrator and the
Director of Housing and Community Development assemble a review team that’s tantamount to
getting the fox to go out of the henhouse. Since the dissolution of the Advisory Committee the
Mayor, the Administrator and the Director of Housing and Community Development have had
no oversight as to the operation of the program. What I would like for my colleagues to consider
is possibly tasking the Administrator, I’m sorry what I would like to suggest that my associates
might want to consider is employing someone such as the International City County
Management Association or the Association of County Commissions of Georgia or the Georgia
Municipal Association Carl Vinson Institute to do the review. These are the professionals and
they could do it without any interruption, any internal interruption. I’m just throwing that out
because I think that since the Administrator, the Mayor and the Director of Housing and
Community Development they’re the only three people that’s been running this thing because
there’s been no oversight at all but yet you’re still asking them to select a review team. I mean
it’s just to me it doesn’t seem appropriate but I’m inclined to go along with what the majority of
you want to do. Thank you Mr. Chairman.
Mr. Mayor: Thank you. Commissioner Williams then Mr. Mayor Pro Tem.
Mr. Williams: Thank you, Mr. Mayor. I had some questions as well when it said to
review the terms that Commissioner Mason had put out there, these questions he put out. I mean
were we planning on getting a team to answer the questions that Commissioner Mason had
formerly done put out there or what will this team do? I’m kind of lost as mud. Is that what you
said Donnie? I’m lost as mud.
Mr. Mayor: Clear as mud.
Mr. Williams: Clear he said lost as mud. But what would the team if you assemble a
team to answer those questions and come back in 60 days. I’m kind of lost. Somebody help me
out, Mr. Wheeler or who.
Mr. Mayor: Mr. Wheeler.
Mr. Wheeler: Commissioners, my desire is to come back (inaudible) entire program.
That’s my desire because until that’s done I think there’s going to be clouds for me. I believe in
14
all of our best interests that those clouds are removed and I would like for somebody to come in
and completely review everything.
Mr. Williams: And I’ve got no problem with that, Mr. Mayor, but I thought someone
from Mr. Wheeler’s office, the Administrator, somebody else was going to address those
questions that were passed out because I think we had a typed copy of questions about funds.
And we realized now that the funds is not as urgent as we first thought they were. And we had
some more funds somewhere else that we can work off of for a period of time. But I mean this
agenda item is kind of confusing. And when you’re going to approve a task, tasking the
Administrator with Mr. Wheeler to assemble a review team and then they’re going to address
those questions I mean that don’t pass.
Mr. Mayor: And, Mr. Russell, I know you had your hand up. Can you bring some
clarity?
Mr. Russell: Yeah it’s, my interpretation of the direction we got and the discussion we
had was that we were going to let the new Planning Director bring in some people who, we’d
bring those back for your approval to make sure you’re okay with their credentials. To go to one
of the other organizations that’s a possibility. I think that might take a little bit longer if time is
of the essence at this particular point in time. My concern with ACCG and GMA is it because of
what we’ve done here we’re on the cutting edge of I think we’re beyond their scope as far as
what they’ve seen in Georgia. I would prefer that we deal with people that have had contact with
urban, specific urban redevelopment like in Baltimore and some of the places that have actually
had to some more complex stuff. I mean as said all along just building houses on empty lots is
one thing but to do what we’ve had to do in the inner city is something totally different. ICMA
or the National MAACO mind have somebody there but my suggestion is you let Ms. Wilson put
together three people we’ll bring those back to ya’ll and let you look at their qualifications and
then see where we go from there. I don’t want to have anything to do with the picking of those
people. I agree that that’s, I don’t think that’s appropriate.
Mr. Mayor: And I’m just going to say and you’ve still got some time left, Commissioner
Williams, if you want it but I am very comfortable with that. I think that would be appropriate
and I would feel very confident that Ms. Wilson would bring in the right people. Commissioner
Williams, you wanted the?
Mr. Williams: Yes, sir, I just want to remember, we went to Indianapolis where they
recreated a whole area I think it was called Fall Creek in Indianapolis and it was a total I mean a
total restoration of a blighted area. Much worse than what we’re dealing with here so I mean
there are some people out there that have the expertise. There are some people who can look at
th
this and say we don’t know what we’re doing. I was coming down 12 Street one day on the
th
corner of 12 and ---
Mr. Mayor: Do you need another two?
th
Mr. Williams: --- yes, sir, 12 and Wrightsboro Road, the House of Prayer already torn
down a home starting to build on the other side of Wrightsboro Road there. So I’m in support of
15
this project. I want to help this but I want to make sure that we’re doing, that we’re dotting all
our ‘I’s’ and crossing all the ‘T’s’. So that’s what I’d like to have.
Mr. Mayor: And I agree completely. And I agree with Mr. Wheeler we need to remove
the clouds because it is, this is a national award winning revitalization effort that other cities are
learning from us. And the great thing, Commissioner Williams, is you know the investment that
the city’s made has helped the, bring in that investment that the House of Prayer made. But it’s
something I think should be a source of significant pride that other cities can learn from. And I
think this is a good way to proceed to clear the air to bring in people to do that. Commissioner
Fennoy or did you? Mr. Mayor Pro Tem.
Mr. Johnson: Yeah, I’m just going to be brief. I think it’s pretty much been said here but
I will say I think I want to be clear I know Fred brought it up about Ms. Wilson being tasked to
do that and I wanted to be clear that we was not talking about specifically watch dog. We were
just simply saying we want to bring in some people who can have some more eyes and ears on
this to kind of see what the project is doing and where we need to be and are we on track and on
course and so forth and so on. And how we can possibly save money and leverage some of the
dollars as well. So that was pretty much I think what Commissioner Mason was trying to get out
of that motion he addressed. So that’s pretty much what it was.
Mr. Mayor: I think we’re all pretty much on the same page. I’ll get Commissioner Smith
then Commissioner Mason.
Mr. Grady Smith: Okay, I just want to clear some things up of why you know we need
an engineer to be on the job when the utilities and everything in there. And why also if we don’t
get local real estate folks involved versus paying for advertising and certain things like this that
draw my attention. I’m in construction if we can cut costs I mean do away with an engineer. I
know several people who’ve told me they’ve tried to bid on some of these projects and were
turned away and they’re doggone good builders. So I think there’s several ways we can cut costs
get the best bang for the buck and before I vote for any more money be approved I think we need
to go over what’s been going on and maybe just make some readjustments and you know might
have saved. I think we can put things out for bid like I thought we were doing and get the costs
down and get the best bang for the buck.
Mr. Mayor: Thank you, sir. Commissioner Mason and then Commissioner Lockett.
Mr. Mason: Thank you, Mr. Mayor. I just want to be clear that this motion is not a
motion to give any more money. I want to make sure that we’re clear on that. This is not a
motion to give any additional monies at this particular time. I used to live off Fall Creek in
Indianapolis Indiana. I know that area well and they’ve done a great job in revitalizing it. The
reason why I thought having our Planning Director, Ms. Wilson, because out of Baltimore and
the D.C area they have done urban redevelopments. So there’s a plethora of knowledge there
that we can tap into that’s on our staff that we can utilize which can assist us in this process. At
some point I think we’ve got these in here in terms of those questions that must be that must be
addressed and answered appropriately. So but Mr. Smith, Commissioner Smith, no, this isn’t
about giving any more money. I just want to make sure we’re sure we’re clear on that. That’s
16
not a part of this motion at all at this particular time. And it was stated at the last meeting that
they with the funds that we’re coming in from the various sale of proceeds that there would be
monies to continue on with the program. Mr. Mayor, this situation of oversight is a concern
moving forward. One we have not addressed the URA Board that was assigned and if I need
some more time I will. We have not addressed the situation of the URA Board which was over
this which has already expired. So that board doesn’t exist. So that’s something at some point
soon we’re going to have to address at some level either there’s going to be one there’s not we’re
going to give someone else ---
Mr. Mayor: Two more minutes.
Mr. Mason: Thank you, Mr. Mayor. But that is something that has to be addressed.
We’ve got to address that in some way shape or form because at this point we have not done that.
We still for whatever reason have not acted on the Citizens Advisory Board. I’m not sure why
we haven’t acted on that. Oh, is that what the deal is, is we’re waiting on appointees? Okay,
well but this is not a knock against anybody but any time you’re talking about using taxpayer’s
money and we need to have someone watching at all times because someone’s watching us.
Right, Sylvia? They’re watching us. So we so this is not a knock against Mr. Wheeler or his
staff or anything like that. But this is just something that is in place in other areas be it the
Coliseum Authority or whatever other authority we have people watching. And I don’t think
there’s anything wrong with that per se of having another set of eyes on as an advisory. I’m not
saying telling what to do but as an advisory committee. So I would hope that we could get those
two things taken care of and certainly before we push any other dollars into this that URA or
some faction thereof certainly needs to be in place because that’s what it was initially set out to
be anyway and then they just need to be crafted appropriately. And we need to put some board
members on and we need to hold the accountable. Thank you, Mr. Mayor.
Mr. Mayor: Would you like to make a motion on this?
Mr. Mason: That we go ahead and, well not with this wording because we’re not tasking
the Administrator to do anything. But is it Ms. Wilson, is that the name we have on there?
Mr. Russell: Yes. Yes, that would be ---
Mr. Mason: Okay, so our Planning Director Ms. Wilson to assemble the review
team and then we can go on with the remainder of that. And there’s no monies to, we’re
just clear that there’s no monies no additional monies to be given at this particular point.
Mr. Mayor: And you’re putting that in the form of a motion?
Mr. Mason: Yes, sir, I am. Thank you.
Mr. Mayor: Do we have a second?
Mr. Fennoy: Second.
17
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. Commissioner Mason jumped out and did part
of what I wanted to do. I support the appointment or selection of Ms. Wilson to lead this
particular team but my only concern is I would want her to and her team to do an independent
review without internal interference so that we can really get factual information unbiased
information. And I know and I sympathize with Mr. Wheeler because on a regular basis people
are telling you how crooked Housing and Community Development is. And I don’t blame him
for wanting to go on and get this review done. I think everybody will be much better off when
it’s done. So I’m very supportive of that particular selection.
Mr. Mayor: Thank you, sir. We have a motion that’s been properly seconded.
Commissioners will now vote by the usual sign.
Mr. Jackson and Mr. Guilfoyle out.
Motion Passes 8-0.
Mr. Mayor: Madam Clerk, on to the regular agenda, please.
The Clerk:
ADMINISTRATIVE SERVICES
23. Motion to uphold denial of bid protest regarding ITB #13-171 Downtown Signal &
Streetlight Improvements. The Procurement Department denied the request from Bass
Signal Corporation the opportunity to supply financial experience and equipment
statement which were required with their bid submittal. (No recommendation from the
Administrative Services Committee September 23, 2013)
Mr. Mayor: And, Mr. MacKenzie, I believe on this agenda item it would be appropriate
to allow ten minutes for the bid protesters to make a presentation. Correct?
Mr. MacKenzie: That’s correct, then ten minutes for ---
Mr. Mayor: Then ten minutes for Procurement. Okay, we will hear from the bid
protester first. And if you could state your name and address for the record, please, sir.
Mr. Sedwick: Yes, sir, my name is Dan Sedwick. I am Vice President and I’m
representing Bass Signal Corporation in this protest. We bid on this job along with there were
four other bidders back in August. And we were given notice that we were not compliant. After
the open, we requested Open Records Act to find out why we were considered noncompliant.
And we were also notified that out of all bidders 75% of us were considered noncompliant.
Doing more research and we were the low apparent bidder but I just wanted to put that out there.
We are a prequalified Georgia DOT Contractor. We do work of this nature and have done quite
a bit of that type of work in Augusta Richmond County and all around the southeast. The
noncompliant issue it came about because we were unclear along with the other bidders as to the
way that the document that they asked for was requested. The Notice to Contractors and do I
18
have a way to project this? By the way I wanted to kind of show you what we as bidders are up
against in comparison. And we did a lot of jobs across the southeast. The same sized job that
bid about a week ago approximately the same size for the Georgia Department of Transportation
this is the type of documentation that we submit. In comparison this is the type of document that
you guys request. Not that it’s not readable but just to give you an idea what we are looking at.
But when you look at that exhibit that’s part of the bid documents that were requested and it’s
the notice to all bidders. When we go through that document as you look at every one of those
items we complied with every item. That is considered page 8 of a6 in the bid documents which
were listed in the Bid Specifications Handbook. We went through that, supplied all of the
information. Not within that document or set of documents 1-16 was another request for the
information that we were considered noncompliant which the city requested in a separate
envelope not in the bid document envelope information that basically gave your financial status
and did you have the equipment needed to build the job. We assumed that that was separate
information that would be provided at a later date probably the same way the other noncompliant
bidders did. So that was a bit confusing. However we did supply the things that were merited in
our opinion which supplied accurate numbers which supplied bonding information. For
municipality those are generally very critical items that basically say these are your numbers you
were lowest responsible bidder and you have a bonding company that supports you and says you
can build this job. We’re going to insure it and make sure that it happens. The document that we
were sited noncompliance on was simply something saying hey, can you build the job and do
you have the equipment to build it. Once we found out that we were noncompliant we
immediately produced that information to the Procurement Office. It didn’t change. It simply
showed that we were the DOT contractor. We can build jobs up to $15 million dollars. All
we’re asking is we understand we missed the document at that particular time. It had no merit on
the bid documents that were supplied in a separate sealed envelope. We did supply it. It does
provide you with the information that says yes they’re a contractor that can build the job. GDOT
says they can do it. Examples of jobs that we have built for you guys we built the entire traffic
signal system along Washington Road. I don’t know if you remember those signals being built
about two years ago. We are now working with Reeves Contracting on the Wrightsboro Road
Project. We had multiple jobs in the county we can build your job. I understand like I say we
were missing that item but it was simply an oversight and had no merit on the price. One thing
too I didn’t notice I don’t know you guys I was here last week for about how every many hours
and I continually heard something that did strike a note with me that you guys like most
government authorities have this fiduciary responsibility to save the county money or save the
city money or to save the taxpayer money. Gentlemen, we’re qualified, we proved we’re
qualified. We were the low bidder. If you award us this job you’re going to save the taxpayer
about $20, $25,000.00. If you go to the next bidder that did supply that document the other four
didn’t then you going to have to pay about $20, $25,000.00. And that’s pretty much it, sir.
Mr. Mayor: Thank you, sir. And let’s hear from Procurement. And if you could keep it
to ten minutes or under as well please, ma’am.
Ms. Sams: Thank you, Mr. Mayor, Commissioners. Unfortunately the gentleman that
stood before you is correct on some of the information that he has given. But according to the
Georgia statue on a low bid situation when you make bid awards you make it to the lowest
responsible, responsive bidder. And in this case that would not be applicable. It would not be
19
applicable because in the ITB or the Invitation to Bid it clearly states that a bidder must submit
the bidder’s qualifications along with his package. Also within those documents you will find
the following statements. Georgia State Statute along with your codes states the same thing on a
low bid situation you must award the bid to the lowest bidder. But it also states the lowest bidder
who has proven to be responsible and responsive. In this case although I’m apologetic that did
not happen. We’re talking about a $2 million dollar project. Yes, the difference is $20,000
dollars but how does one count $20,000 dollars when you are nonresponsive? I think it’s very
important and it’s very relevant that the city maintains their integrity of the competitive bid
process which outweighs any cost savings associated with accepting a particular nonresponsive
bid from anyone. In this case we asked for the qualifications and the materials, equipment and it
simply wasn’t supplied to us making this vendor nonresponsive. Thank you. Are there any
question?
Mr. Mayor: Thank you, ma’am. And, Mr. MacKenzie, so I’m staying within would it be
appropriate at this point to allow Commissioners time to ask questions?
Mr. MacKenzie: Yes.
Mr. Mayor: Okay. Commissioner Fennoy, you had your hand up?
Mr. Fennoy: Yes. Ms. Sams ---
Ms. Sams: Yes, sir.
Mr. Fennoy: --- the representative from Bass Signal stated that he’s presently worked on
several projects with the city. And I’m just assuming that those projects that he’s working on
went through the bid process?
Mr. Cassell: Both projects he’s referring to are with Georgia Department of
Transportation both the Washington Road project as well as Wrightsboro Road.
Mr. Fennoy: So they didn’t go through our Procurement Department.
Mr. Cassell: No they did not, they’re not city projects.
Mr. Fennoy: Okay. All right. And my next question is, is it the information that he and I
think three or four other companies omitted in the bid process is that, is that unusual? I mean is,
I guess is there any particular reason why you all omitted it and was this information requested
would you receive the RFP?
Mr. Sedwick: The information was not in the bid. It’s in the bid document sure, the big
package that I showed you. But it was not in the bid specifications request which is pages 1-16.
It was over in the about 25 pages later. That particular IB-10-06 is in there but it’s not in the bid
specification which is what we actually submitted in a separate package along with our pricing.
We did provide the bonding stuff that she showed a while ago though and we have provided it as
soon as we knew that she said we didn’t provide information stating that we can do the job. We
20
have provided that. So they do have that on file. And I do have a document that states that we
are capable of doing it. If it’s a GDOT qualification sheet if you’d be more than glad to look at
that. Like I said we just simply missed it and it’s not standard. We did jobs across the southeast
for that to be requested I will say that because I bid numerous jobs. That’s not a standard request
if you are already prequalified. And I would even go on to say most of the time it wouldn’t be
something the city or any city would ask for if you’ve asked for bonding simply because that
bonding agent and that bonding company has stepped up to the plate just like your homeowners
insurance would say I’m going to back that and make sure that they do it. If they don’t do it then
guess what we’ve got a bond behind it that’s going to take care of it. So it’s not a standard
request for information but we did provide it.
Mr. Fennoy: Okay and, Ms. Sams, the information that was omitted is this information
that we request from all bidders on or was it just this particular RFP?
Ms. Sams: Mr. Commissioner, as you lack specific specifications each specification will
speak for itself on its own merit. And in this case on this particular bid those particular items
were requested.
Mr. Fennoy: Okay, thank you.
Mr. Mayor: Commissioner Davis.
Ms. Davis: Thank you, Mr. Mayor. Either Ms. Sams or Mr. MacKenzie. If we make
exceptions when something is left out like this in and RFP process what is that as far as open up
for any future RFP requests for information?
Mr. Mayor: I would like, Ms. Sams would be the most appropriate.
Ms. Sams: Thank you, Mr. Mayor, Commissioners. Ms. Davis, you would not want to
make an exception here and you would not want to make an exception because in this case if you
take this very same solicitation there are two other vendors out there one, who did not submit a
10% bid bond will come back and say okay I have my 10% bid bond now and you will have to
afford me the same opportunity. I think it’s very wise for us to keep the integrity of this bid
intact.
Ms. Davis: Thank you.
Mr. Mayor: Okay, Commissioner Williams and then Commissioner Lockett.
Mr. Williams: Thank you, Mr. Mayor. I heard the contractor stated that they just missed
it I think is what his words was. I don’t think it was anything intentional done to throw them off.
I just think that it was it’s the city’s process now. And I heard they did some state work for the
DOT. I’m remembering a contract that we did and they lost the contract because the E.F.
number. A local contract here with our garbage service that was cast out because of an E.F.
number. Now I don’t know what that E.F., Ms. Sams, but I do know that that was the reason we
couldn’t award that contract because the only thing they had done they left out the E.F. number.
21
So I appreciate the contractor to come in and I think that you done what you were supposed to do
as a Procurement office and for them to bid some more don’t you know to just look out for those
types things. Evidently this got to be the first time you bidded with the city of Augusta even
though you’ve done work all over the southeast. But if that’s the standard what I’m hearing Ms.
Sams is saying that it’s there. I think the government done, or the Procurement done what was
right and what was fair. Just wanted to make that comment, Mr. Mayor.
Mr. Mayor: Thank you, sir. Commissioner Lockett then Commissioner Smith.
Mr. Lockett:
Thank you, Mr. Chairman. This is unfortunate and rather disheartening
that these things happen but during the past three and a half years on this Commission I’ve seen
several where minor mistakes are made. But if we start making exceptions this thing is going to
So I would have to say this that I
get out of control as the Procurement Director indicated.
would make a motion to uphold the denial of the bid protest regarding ITB #13-171.
Mr. Mayor: Is there a second?
Mr. Williams: I’ll second it.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioner
Smith.
Mr. D. Smith: My question’s for Ms. Sams. I’m, certainly this tears at the heart of we
try to do right in the awarding of our contracts. We try to be fair and we try to have
responsibility for the money that we are given by our taxpayers and we wind up in this position.
And it bothers me but my question, Ms. Sams, is have we in the past did what this gentleman is
asking us to do? Have we overturned some denials as a commission?
Ms. Sams: No, sir, you haven’t.
Mr. D. Smith: Thank you.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. If there’s no further
discussion Commissioners will now vote by the usual sign.
Mr. Jackson and Mr. Guilfoyle out.
Motion Passes 8-0.
Mr. Mayor: Thank you, ma’am. Madam Clerk, I believe this is our final agenda item.
The Clerk:
ADMINISTRATIVE SERVICES
24. Discuss economic development in association with new tourist attractions in Augusta.
(No recommendation from Administrative Services Committee September 23, 2013)
22
Mr. Mayor: Do we want to discuss this in this forum or put it back into committee where
it can be more discussed?
Mr. Williams: We’ll put it back in committee.
Mr. Mayor: Can I get a motion to that effect?
Mr. Lockett: So moved.
Mr. Mason: 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. Williams: You can put it back ten times (inaudible).
Mr. Jackson and Mr. Guilfoyle out.
Motion Passes 8-0.
Mr. Mayor: With no further business to come before the body we ---
Ms. Davis: Can I just have a personal point?
Mr. Mayor: Mister, Ms. Davis.
Ms. Davis: Thank you for (unintelligible).
Mr. Mayor: I was with your husband at a funeral today. I apologize.
Ms. Davis: Just what we just passed back to committee the Iron Man this weekend was
just incredible and I didn’t know if you all knew our Mayor did his, the entire thing himself.
And what you got your best time so far. So I just wanted to say congratulations and that was
such a great event for Augusta.
Mr. Lockett: That was 16 hours or something. I heard it on the news.
Mr. Mayor: No, no but let me say before we close. I do want to say $4 million dollars
economic impact and it is the Iron Man Organization’s favorite event in the world. Huge part of
that is working with our city, our city departments, our law enforcement you know traffic,
engineering, the Sports Council but to be able to hear that from them throughout the weekend
they love Augusta. So they will be coming back often. So but thanks to all the city employees
and everybody that did a phenomenal job. Commissioner Fennoy.
Mr. Fennoy: Mr. Mayor, I also want to make take note of the fact that this Saturday the
st
21 Augusta Classic took place in Augusta. Benedict College and Fort Valley State College, it
was very well attended. And the city did an excellent, I rode through that area early Sunday
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morning and the city did an excellent job in cleaning up that area. You couldn’t tell 10,000
people had been on the ground. They did a real good job. But I just wanted to commend them
on a job well done.
Mr. Mayor: I’m so glad you mentioned that. What a huge weekend for Downtown
Augusta, now Westobou coming up this weekend so.
Mr. Fennoy: There’s no hotels available in Augusta this weekend.
Mr. Mayor: And that’s a good problem to have. On that note I think we can adjourn.
[MEETING ADJOURNED]
Nancy W. Morawski
Deputy Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
October 1, 2013.
______________________________
Clerk of Commission
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