HomeMy WebLinkAboutRegular Commission Meeting November 5, 2013
REGULAR MEETING COMMISSION CHAMBER
NOVEMBER 5, 2013
Augusta Richmond County Commission convened at 2:00 p.m., November 5, 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.
Mr. Mayor: --- I’ll go ahead and call the meeting to order. And I’d like to call on
Reverend Jason Peterson, Pastor, Advent Lutheran Church for our invocation. Please stand.
Apparently we do not have a minister so we’ll open the meeting in a moment of silent prayer.
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 our recognitions.
The Clerk:
RECOGNITION(S)
Georgia Municipal Association
A. Congratulations! Mayor Pro Tem Corey Johnson for completing required course work
and receiving the level two Certificate of Achievement from the University of Georgia Carl
Vinson Institute of Government and the Georgia Municipal Association.
Mr. Mayor: Congratulations! (APPLAUSE) Okay, Madam Clerk, we’ll go on to the
delegations but first because we have I think three delegations that have been requested to be
added ---
The Clerk: Yes, sir.
Mr. Mayor: --- I would and one addendum item I would ask that we have unanimous, do
we have unanimous consent to add these delegations and the agenda item? Okay. Well, let’s go
with the one’s first that made it on and then we’ll go to the additions.
The Clerk: Yes, sir.
DELEGATIONS
B. Ms. Hilda Alexander regarding a collaborative event Augusta Home Retention Clinic.
Mr. Mayor: And if you could keep it to five minutes, please, ma’am.
Ms. Alexander: Thank you. Good afternoon my name is Hilda Alexander. I’m here in
front of you just to tell you that I don’t want any money. I just want to inform you and to inform
the city that what we’re doing is we’re trying to we are putting together a Foreclosure Prevention
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Clinic. That’s a home retention clinic for families who are of low income, moderate income
whatever the income is. And it’s having challenges with their homes mainly obtain their homes,
challenges with their mortgage companies. We’re bringing down five housing counselors from
one agency in Atlanta other housing throughout the city of Augusta we have here and as well as
from all over the state of Georgia to put together this retention clinic. And it’s going to be free
because as HUD requires that we do not charge for any housing counseling services. So we
would like for everyone to know about this retention, home retention clinic. It is going to be on
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November the 15 and it’s going to be from 10:00 until 4:00 at the main library. And we wanted
them, if you have anyone who’s interested you know in your neighborhoods or any of your
constituents that may want to take part of this have them to come down. I’ve got flyers I’ll pass
out you know to everyone to be able to take part of this because again when I went to the court
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yesterday 800 people from October the 1 until yesterday foreclosure has been filed against
them. That’s 800 families that may be displaced because one, lack of knowledge or two, just
they don’t know how to work the system. Housing counselors are certified housing counselors
from HUD from a HUD certified agency that are here to use their skills and abilities to help
families in Augusta to stay in their homes. And that’s what we’re here for. We’re not here to
ask for money we’re not here for anything else but we went in here to help the people of Augusta
who are having challenges whether it’s in shame or having challenges that they don’t know what
to do to be able to stay in their home. This clinic again if free it’s a Home Retention Clinic and
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it’s going to be at the main library on November the 15. I’ve got flyers I’ll email everything to
everyone just to be able to pass those out to your constituents. If you don’t mind it’s free, okay?
Thank you.
Mr. Mayor: Thank you, ma’am, and thank you for putting that on to the benefit of our
citizens.
Mr. Johnson: Mr. Mayor?
Mr. Mayor: Yes sir, Mr. Mayor Pro Tem.
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Mr. Johnson: Yeah, I just had one question. What time, timeframe on the 15
Ms. Alexander: It’s from 9:00 or 10:00 until 4:00.
Mr. Johnson: Ten until four?
Ms. Alexander: Yes.
Mr. Johnson: Okay, thank you.
Ms. Alexander: And I also noticed that because the state of Georgia is what we call a
non-judicial state. Families can lose their homes within 37 days of being late of one payment.
And they don’t know how to maneuver that and that’s another reason why we’re here. They do
not know how to navigate the system. They do not know how to negotiate on their own
behalves. I’ve had families that have lost their homes after 38 days of being late on one payment
and we’re here to help.
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Mr. Mayor: Thank you, ma’am. Commissioner Fennoy.
Mr. Fennoy: Ms. Alexander.
Ms. Alexander: Yes, sir.
Mr. Fennoy: I encourage you to get in touch with Reverend Melvin Ivey.
Ms. Alexander: Yes, sir.
Mr. Fennoy: He’s the President of the Neighborhood Alliance which is composed of
neighborhood associations from throughout Richmond County. And somehow they’ll be able to
get the word out to the various neighborhood associates in Richmond County.
Ms. Alexander: Thank you, sir.
Mr. Fennoy: All right.
Ms. Alexander: Any more advice?
Mr. Mayor: Yeah, you can, Reverend Ivey, if you could raise your hand to make it easier
on her?
Mr. Mason: There he is, he’s standing.
Ms. Alexander: Oh, okay. Thank you.
Mr. Mayor: Okay connection made. Thank you, ma’am. Madam Clerk, next agenda
item or next ---
The Clerk: Yes, sir.
Mr. Mayor: --- delegation.
The Clerk:
DELEGATION(S)
C. Mr. Mike Walraven regarding “Downtown Slum”
Mr. Mayor: And if you could keep it to five minutes, please, sir.
Mr. Walraven: Good afternoon, members of the Commission. My name is Mike
Walraven and I’m here to discuss Urban Redevelopment or the declaring the central business of
Augusta a slum. A few weeks ago myself as well as some of you were shocked and dismayed
when we learned via the local media that someone in our government was considering declaring
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595 of land in our downtown central business district a slum. Since there was no prior public
discussion or input concerning this action all of us were blindsided. My wife and I own a
business and property in downtown thus this delegation would affect us drastically. In the days
since we first heard of this possible detrimental designation you have learned through committee
meetings, workshops and discussions with your constituents the pitfalls of this endeavor. Shortly
after the slum idea first appeared I spoke with Commissioner Fennoy who represents downtown.
He was on Broad Street going from business to business learning information about this process.
We discussed the possible advantages and negative aspects of declaring the central business
district a slum. Our conclusion was and still is that for whatever reason declaring all of
downtown a slum would do way more harm than good. Thank you, Mr. Fennoy. Since I feel
this Commission has done the correct thing and studied the situation I will not attempt to discuss
the above stated pitfalls at this time. Also five minutes is not enough time to fully outline the
travesty that will befall downtown if this body were to declare the central business district a
slum. The legal basis for using the Georgia Redevelopment Act is to address slum and blight.
Downtown may be a little ill but we are not overrun with slums and blight. Speaking of being ill
the medicine being prescribed here may very well kill the patient. It’s kind of like catching a
cold with a bowl of soup and a bit of rest most recover. Or you could go see a charlatan and
would insist on shooting you in the foot to cure this cold. Who knows, you could hit an artery
and bleed to death. Please listen to Mr. Fennoy and those of us who own property and
businesses in downtown let’s not shoot ourselves in the foot. An idea has been floated that the
remodeling of this building could be considered an Urban Redevelopment Project in and of
itself. Doing this would require the Commission to use the powers given under O.C.G.A.
Section 36 Chapter 61 and declare only the city block this building sits on in need of
revitalization. In other words if it’s intention of this body to use the powers of the Urban
Redevelopment Act or laws then please limit those powers to the Municipal Building or other
city owned property and leave the rest of downtown alone. I would gladly answer any questions
now or later. Thank you for thoroughly studying this matter and allow me to speak to you today.
Mr. Mayor: Thank you, sir. Okay, Madam Clerk, the next delegation.
The Clerk:
DELEGATION(S)
D. Mr. Willie Davis Jr., First Sr. Vice State Commander of Georgia, Disabled American
Veterans and Mr. Johnny Patterson, Commander, Chapter 18, Disabled American
Veterans, regarding the importance of Honoring Our Service Men and Women on
Veterans Day. (Requested by Commissioner Bill Lockett)
Mr. Mayor: Okay and if you could keep it to five minutes, please, sir.
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Mr. Davis: Yes, sir. In five days it’ll be Veterans Day, November 11 2013. At
Veterans Day events across the country people in the United States gather to honor the men and
women who have served or who are still serving in our Armed Forces. We celebrate Veterans
Day to show support for all of our veterans that have served and are still serving in the Armed
Forces. This is a day to say thanks for everyone to show the men and women how much they are
appreciated for the sacrifice they have made to keep this country safe. This is a small token of
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this country’s appreciation for everything the military personnel has done and are still doing. So
I ask everybody here to today please find a veteran and say thank you and I see two of you
already. Thank you.
Mr. Travis: Yes I’m Johnny Travis. I am here on Veterans Day. I’m a Viet Nam veteran
and I’m here to speak for my fellow veterans those who work in plants like Plant Vogtle, Proctor
and Gamble, International Paper and even our local outdoor repair centers. Why do I think that
our veterans should be honored is on Veterans Day the reason is I think our veterans should be
honored because they are willing to risk their lives on so that we do not have to. They know that
they might not be coming back when they go away and they fought for our country. The only
way we could be able to go school and is because of our veterans. And they only way we would
have freedom is our veterans. Veterans have made it where we can live in the United States
without worry. The veterans are the ones who have kept the constitution strong so we can have
these things. Even when injured they still went on they didn’t stop because of the small stretch
they went on they had to protect us and our country for keeping us all safe. And what really
matters is that they kill. They don’t do it for fun or for laughing they gave, give of their lives
even when they couldn’t have been with their families safe and at home not risking their lives.
They dealt with low food, low pay and hard ways of living. That’s why I think a veteran should
be honored on Veterans Day.
Mr. Mayor: Thank you.
Mr. Davis: Also we’d like to thank Commissioner Lockett for inviting us down.
Mr. Mayor: And, gentlemen, I know we had somebody else to speak to this but I’d just
like to say thank you for your service. And in a community like Augusta if you can’t find a
Veteran’s Day Program to attend you aren’t looking. We have at the Blue Goose we’ve got the
9:00 o’clock ceremony we’ve got the parade on Monday too that ends up at the All Wars
Memorial where the whole community can gather. And then we’ve got the Hero’s Overlook
Program at 1:00 o’clock. So I want to say thank you. I fully support you and once again I would
join with you in saying encouraging our entire community, come out to at least one of the
programs to support our veterans. Thank ya’ll.
ADDENDUM
25. Sergeant First Class (Retired) Marcia Roberts. (Requested by Commissioner Lockett)
Ms. Roberts: Good afternoon. I am Retired SFC Marcia Roberts. First of all I’d like to
thank Commissioner Lockett for inviting me out and also many of you all already know me. I
served approximately 22 years in the military, suffered some injuries but I’m still here and still
participating in helping other veterans. Veteran’s Day is very important to me because I
remember I’ve been retired this Christmas it’ll be two years from the Army. But last year I
started working for the city and my start date was Veterans Day. The first time I’ve done that in
many years but eager to make a difference and face the challenge I took at opportunity and I’ll
just move forward from that point. But there are a lot of veterans and Wounded Warriors that
don’t feel that they get enough recognition. I just think a thank you a hello and let them know
that you appreciate the services that they’ve done. I myself I’ve lost three body parts and I have
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an outstanding loving family outstanding church family and a great support group so I made it
through a lot of the tougher times and a lot of my friends and coworkers have not. So I just
wanted to express that Veterans Day is very important because we give so much and we sacrifice
so much for this great nation. So if you all I’d be very much obliged to make sure that Veterans
Day is something that’s honored and that everybody’s taken care of in that manner.
Mr. Mayor: Absolutely, thank you, ma’am. Commissioner Mason, did you and then
Commissioner Lockett.
Mr. Mason: Yes, thank you. First and foremost to the two gentlemen that just left and to
Ms. Roberts I want to say a very heartfelt thank you for your service and for your sacrifice. As
you know I served over 20 years myself and retired ten years ago from the Army and served in
14 different countries in defense of this nation. So I understand very, very clearly the sacrifice
that you have made. And you’ve even gone three steps further if you will in that unfortunately
you had some loss of limbs but yet here you are to still testify to the fact that of being a soldier
was good thing in your life. You could very well be bitter and other things at this point but the
courage that it takes for you to stand there today and to say honor other veterans that have given
their service and some have made the ultimate sacrifice in terms of loss of life. I have to
commend you for that. I will tell you to keep on keeping on and stay encouraged and I really to
appreciate the services that you’ve rendered to this great nation. And today we applaud you for
your efforts. I also want to say to Mr. Lockett I really appreciate him bringing this up on the
agenda last year allowing the folks in Augusta Richmond County our employees to get Veterans
Day off. We are serviced by one of the largest military installations across this United States of
America in Fort Gordon. And there’s many veterans that served in this government as well.
And he and I being veterans as well one day the Commission fell on a Veterans Day and after
our service of over 22 plus years we were sitting here doing the business of the city and it should
have been an opportunity for us to actually enjoy those fruits of our labor that we put in for this
nation as well. So again, Mr. Lockett, I want to say thank you and Ms. Roberts for all that
you’ve done and that that you’ll continue to do just being a voice for soldiers. Thank you so
much.
Ms. Roberts: You’re welcome. Thank you, I appreciate it.
Mr. Mayor: You kept that to two minutes precisely.
Mr. Mason: I’ve got it down ---
Mr. Mayor: You got it down, that’s military precision. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I want to thank SFC Roberts for coming. And I
want to thank the members of the Disabled American Veterans for coming. I sat here last
Veterans Day and people were walking by and saying Commissioner thank you for your service,
thank you for your service and I began to say wait a minute, hold on a second something is
wrong. And come to find out, well, I knew that we were celebrating Veterans Day here even
though the state of Georgia does but Augusta Richmond County wasn’t. But I want to applaud
all of my colleagues because in the beginning they all felt it couldn’t be done. But I want to
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thank all of them for supporting me. And I really want to thank the Sheriff, the Fire Chief and
the 911 Director because I went to them and I said ya’ll come up with a way that you all can
within your budgets make this thing happen. And we made it happen. Veterans Day has been
going on since about 1919. They called it Armistices Day then. Then about 1958 there was a
guy by the name of Dwight David Eisenhower said let’s call it Veterans Day. It began on the
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11 hour of the 11 day of the 11 month. That’s why we separate it. So on next Monday you
can do what you want to until 11:00 a.m. but Veterans Day that’s when you got to start doing it.
But I want to thank all of our veterans. You know we don’t get the recognition that we should
get. I served as a Marine in Viet Nam and I served, I mean a Marine in Kabul Afghanistan,
Eisenhower was President then and I also served in Viet Nam. So I’ve been there and done that.
And I would like, lastly before my two minutes is up all the veterans in the house please stand
up, all the veterans. (APPLAUSE)
Mr. Mayor: And I’ll give you two more. I know you might not need it.
Mr. Lockett: Thank all of you for your service and make sure you do what the Mayor’s
indicated. Get out there next Monday and let’s do something. And let’s make all the veterans
proud. Thank you all and thank you, Mr. Mayor.
Mr. Mayor: Thank you, sir. Okay, Madam Clerk, next delegation.
The Clerk:
ADDENDUM
26. Ms. Doretha Hollins-Williams. RE: Concerns with the City of Augusta.
The Clerk: And this item was accidentally left off.
Ms. Hollins-Williams: Is this mike good?
Mr. Mayor: Yes, ma’am, if you could pull it towards you and if you could keep it to five
minutes, please, ma’am.
Ms. Hollins-Williams: Honorable Mayor Copenhaver and other board members, good
afternoon. To Ms. Lena Bonner I say thank you for making this happen. As I was preparing for
this day I was informing different people that I was going to be on the agenda today. The first
thing that they said to me was they aren’t going to do anything to whatever you say to them. But
my reply to them was I’m still going to share my concerns. I live here in Augusta at 609 Albany
Avenue in District 1 where Bill Fennoy is the district man in that area 365 days of the year.
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However the Exchange Club Fair comes to town, city workers are there October 9 grooming
the fairgrounds when the policemen need motorcycle training they’re there and they’re cleaning
up the area down in the fairground area. When the Masters is approaching Greene Street is
cleaned up but what about the other citizens that live here that pay their city taxes. Shouldn’t we
be assured that Augusta Richmond County will make us proud the citizens of Augusta? Stop
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lights, street lights are out from 7 Street going up Walton Way by the University Hospital and
they have out for 2 ½ years. I know that because 2 ½ years ago I talked to the gentleman that
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was over that area when they were doing the construction for St. Sebastian and Greene Street. I
was told at that time that the lights were out because the people that were doing the construction
hit something in ground, underground. And I talked to Mr. Gilbert just a couple of weeks ago
and he told me we need money. And I say to him why do we need money to take care of
something that another construction company did? They’re now gone but the lights are still out.
Street lights on Gordon Highway are out, north going across to the North Augusta the lights are
out. The University Hospital is a hospital that should be well lit at night. Flooding is terrible
downtown and over grown lots, potholes etcetera. Everything you have to call 311 every two
weeks to report the same addresses all over again. Ms. Kelly from 311 services will be our guest
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speaker at my church Thankful Baptist Church on the 13 to try to explain some things about
what this service do for the city of Augusta. A lot of us don’t like mentioning the word or
hearing the word God especially in business. Perhaps keeping God in whatever situations that
the Commissioners come across or perhaps make decisions better for the city of Augusta. What
must be done for the upkeep of the city for it to be an eye attraction and not be an eyesore?
Thank you for giving me this time.
Mr. Mayor: Thank you, ma’am. Okay, Madam Clerk, next delegation.
The Clerk:
DELEGATION(S)
27. Ms. Monique Braswell.
The Clerk: And this item was also left off by our office.
Mr. Mayor: And if you could keep it to five minutes as well, please, ma’am.
Ms. Braswell: Good afternoon, everyone. First I’m going to start off with something
really nice. Ya’ll still have that board where you can put this up so everybody can see it? The
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next thing is going to be nice too trust me. On November the 23 first for the last six years
we’ve been feeding a large population in Augusta. This year once again we’re back. We will be
feeding down in District 1 Lake Olmstead Community Housing Projects. We normally feed
about 3,000 people down there. Also Oak Point we do around 700 down there. Last year we had
the honor of doing Cherry Tree Crossing. We did about 2,000 people. Because they’re leaving
this year we’re still going to continue to do that Thanksgiving dinner. We call it the Feast before
the Feast. And we’re asking the distinguished gentlemen to donate some hands. We’re short on
hands. So if you can do that my information is up there and please let us know. This is a
community based dinner, it’s free people come from all over to eat. Last year I believe we fed
7,000, 6,000 people and we want to continue doing that with you guys help. Now I asked to be
placed on the agenda I had the pleasure of being at a community meeting. And I was listening to
Mark I believe his name is. I call him the trash man because that’s how I associate him. And he
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was telling the community about saving money affective January the 1. And he spoke about
smaller trash cans. You’ll save about $70.00 for the year if you don’t use a lot of trash. Well he
left out about the people that use more trash that you would be spending more money. One I
have a problem with having to pay for an additional trash can because I have a large family and
then on top adding an additional $95.00 to $100.00 dollars to my bill at the end of the year. Two
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is I grew up in the era when trash was trash and we didn’t separate things. And I don’t recycle
for whatever personal preference of my own but I’m paying for it. So people might, just my
opinion people who don’t recycle and you all are charging should be given a free trash can so
that they can use their extra trash. Now I hear a lot of people praising the street sweepers, great
for Augusta to clean it up. My question to all of you because I haven’t heard this yet are we the
taxpayers and I am a taxpayer and my husband is an active military navy man are we going to be
charged an additional fee for you all to start cleaning up the streets. Is there a fee?
Mr. Mayor: Mr. Johnson. Hey, trash man.
Mr. Johnson: In the 2014 budget we have proposed a monthly fee to cover street
sweeping in association to the quarterly sweepings which are in addition to what we’re currently
doing. That could be complemented or reduced or go away depending on how the storm water
system works. There’s been money programmed into storm water for street sweeping.
Mr. Mayor: Okay.
Ms. Braswell: Do I get to ask a question to come back ---
Mr. Mayor: Yes, ma’am, and you’ve got two minutes left.
Ms. Braswell: I’ve still got two minutes? My question again you all have, you with your
program have added taxes on top of taxes on top of taxes on us. So in other words I can look
forward to paying extra because I have a large family and use more trash probably than most.
Now I could pay extra for the street to be swept. My husband is an active military vet and we
chose to live here in Augusta and me not travel all over the world with him and pay our taxes
here. Neither one of us is from Augusta but we love this city. But you all are taxing us
Commissioners. You all are taxing us really to death. You are taxing us so much to where it
makes you not want to live here. And I love this city. This city and I always say it this city
saved my life. I love raising my children here but you all are putting entirely too many taxes on
people that want to stay here. I can’t afford to pay for a street sweeper, extra trash, recycling.
We got to come up with a better solution, guys.
Mr. Mayor: Okay, thank you, ma’am. Commissioner Mason then Commissioner
Williams.
Mr. Mason: Thank you, Mr. Mayor. Ms. Braswell, in reference to your annual Feast
before the Feast first of all I applaud you and your organization for putting that on and helping
the least of these in our community as much as you possibly can. The question becomes are we
are brother’s keeper and in many cases we are and we ought to do what we can to help uplift.
Not a hand out but a hand up in uplifting those that may be in less fortunate positions than what
we are. The other thing that I’ll say in reference to the, and I would encourage all
Commissioners to participate in some way shape or form and I’m not telling you something that
I haven’t done myself. I’ve been supportive of this for several years. I don’t really know how
many years. So I would encourage others to do the same thing as much as you can. The last
thing that I’ll say is in reference to the street sweeping situation. The $32.00 dollars that’s being
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proposed as far as the street sweeping I’m the type that I don’t mind paying my fair share. I have
no problem with that. But dog gone it I need to see a street sweeper because I ain’t seen one out
in South Augusta. And so I don’t have a problem with paying mine and everybody understands
that. But if I’m going to pay I sure need to see it. I need to see it in action and not just talk about
it. And so if this is going to happen if this is what’s being proposed then I want to see a detailed
plan a course of action on how we’re going to clean these streets and what the propriety is so that
we can insure that the entire county is covered since the entire county has to pay. We’ve got to
stop what we’ve been doing here in the past where some have been subsidizing others. We’ve
got to get that taken care of so, Mark, I would hope that ---
Mr. Mayor: Would you like another two?
Mr. Mason: --- when this happens that you would bring forth a ---
Mr. Mayor: I’ll give you another two.
Mr. Mason: --- comprehensive plan. Thank you.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor and Ms. Braswell. As far as a ham I can probably
get you a couple of hams out of my (unintelligible) with that concern so.
Ms. Braswell: Thank you.
Mr. Williams: I want to address the issue about the street sweeper and, Mr. Johnson,
there was a proposal? And that’s just what it is a proposal. I’ve got some questions about that.
We’ve been talking about a rain tax and now there’s a street sweeper added into that. And now
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here we are now I’ve got some information back in October 16 in 2012 when this was
proposed. And a lot of stuff is being proposed but that doesn’t mean it’s going to come into
reality because it’s been proposed. So I wouldn’t get all up in arms about that just yet. You’re
talking about street sweeping but we got a lot of streets that we can’t sweep. There’s no
sidewalks there’s no curbs there’s no area, I mean you can’t sweep those streets. I mean you can
pile up some sand but you’re not going to be able to sweep no streets in those areas. So before
we can do that we got to have a street that we can sweep. So there’s a lot of conversation that
needs to be done need to be addressed before we get to that point of defining how much it’s
going to be. And the way I understand it it’s supposed to be a quarterly effort that you’re going
to pay every month. It just don’t make good sense to me but I appreciate you bringing it to our
attention again but I’ve got some documents in my hand like I said from 2012 where that was
discussed and there was a proposal. But that’s just what it was a proposal. You can’t put in your
budget what you just want to put in there. The budget has to be approved by this board here. A
lot of times we let stuff slip through the cracks but this one won’t slip. I mean it might get
through there but it ain’t going to slip through there. Thank you.
Mr. Mayor: Thank you, Commissioner. All right. Commissioner Fennoy.
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Mr. Fennoy: Ms. Braswell, I’d like to thank you for the work that you do on the Feast
before the Feast.
Ms. Braswell: Thank you for cooking 100,000 pounds of chicken too. He’s cooks a
1,000 pounds of chicken every year for us.
Mr. Fennoy: But I’d also like to say in addition to the feast that Dr. Braswell have for the
residents of Richmond County she also has an event for the fireman, the policemen and the first
responders every year at (unintelligible). And the food that is prepared during both of these
events none of it comes out of the can. We have potatoes, sweet potatoes that come straight out
of the ground on to the table. Well, they have a little process in between but my point is they
don’t come out of the ground. There’s a lot of love being placed in the food that’s being
prepared for the fireman and the residents of Richmond County. And I’d like to thank Dr.
Braswell for being concerned enough for our residents and our first responders in order to make
these things happen. And I have supported you from the start and I continue to support you but
if any of you all are not doing anything that’s, I going to tell you a 1,000 pounds of chicken
that’s a lot of chicken. And I started cooking at 8:00 o’clock that morning and may finish at 8:00
o’clock that night. But if any of you all are not doing anything or have a big grill please bring it
out there to give them a hand. Thank you.
Mr. Mayor: Thank you and I’ll get right to you but, Dr. Braswell, I want to say thank
you for what you do. And I’ll support you. You know I’ve helped out in the past and supported
you but anybody that can train sweet potatoes to jump out of the ground onto the table, you
know, you’re a magician. Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mr. Mayor. I had the great fortune of meeting ---
Ms. Braswell: Thank you for your 300 pounds of chicken donation.
Mr. Guilfoyle: I knew I was going to get suckered in.
Ms. Braswell: 300 pounds he purchased for us this year.
Mr. Guilfoyle: Well, anyway, let me tell you about this young lady that’s had this
podium that’s talking. I had the great fortune of meeting her through Commissioner Jackson
almost three years ago. And I keep an open line for her. We correspond quite a bit and what she
does for this community a lot of people does not see. She actually just like this right here giving
to the needy. This ain’t the only, it’s like a diamond this is only one facet of what she actually
does for this community. And I applaud you for that. But the great thing about it is that you’re
sincere, you’re God fearing and you’re a kind woman. And you are actually in my prayers with
your help.
Ms. Braswell: Thank you.
Mr. Guilfoyle: Thank you, Doctor Moe.
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Mr. Mayor: Thank you, ma’am. All righty, Madam Clerk, on to the next, I think that’s
our last delegation ---
The Clerk: Yes, sir.
Mr. Mayor: --- correct? On to the consent agenda, please, ma’am.
The Clerk: Yes, sir. Our consent agenda consists of items 1-20. And under the Public
Services portion I’ll read the alcohol petitions and if there are any objectors would you please
signify your objection by raising your hand.
Item 2: Is a request for an on premise consumption Liquor, Beer and Wine license to be
used in connection with Harpo’s Lounge located at 2864 Deans Bridge Road. There will be
Dance.
Item 3: Is a request to transfer the Wholesale Liquor, Beer & Wine license used in
connection with General Wholesale located at 813 Fifth Street to 537 Laney Walker Blvd Ext.
The Clerk: Are there any objectors to either of these alcohol petitions?
Mr. Russell: None noted, Madam Clerk.
The Clerk: All right so our consent agenda is items 1-20.
Mr. Mayor: Lady and gentlemen, do we have any additions to the consent agenda?
Commissioner Guilfoyle.
Mr. Guilfoyle: Item number 24. Can we add that?
Mr. Williams: Question 24, I don’t have a problem. I got a question on 24.
Mr. Mayor: Commissioner Williams.
Mr. Williams: On 24 Commissioner Guilfoyle wanted to add that one. I got a question.
It says a 4-year term and would that be inflicting on another Commissioner within that time? I
mean can we do that? That’s all I’m asking. I’ve got no problem but I just thought we couldn’t
do a term past our term I guess.
Mr. D. Smith: It’s an appointment by the entire Commission and not one Commissioner.
Mr. Mayor: Yeah, it’s by the ---
Mr. D. Smith: By the entire board.
Mr. Mayor: --- it’s by the whole Commission.
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Mr. D. Smith: By the whole Commission so it wouldn’t be just Mr. Guilfoyle, it would
be for all of us.
Mr. Williams: I’ve got no problem. I just thought that the rules state and I want to make
sure that we didn’t get you know ---
Mr. Mayor: Cross ways.
Mr. Williams: Cross ways that’s right.
Mr. Mayor: I understand.
Mr. Williams: I’ve got no problem with adding it.
Mr. Mayor: Okay. Thank you, sir. Did anybody want to add and I just throw it out there
the addendum item?
Mr. Johnson: Yes, Mr. Mayor, I was going to ask ---
Mr. Mayor: Mr. Mayor Pro Tem.
Mr. Johnson: --- addendum item one.
Mr. Mayor: Are you all okay with that? Okay, do we have any further items to be
added? Hearing none do we have any items to be pulled for discussion? Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I’d like to pull agenda item one and four.
Mr. Mayor: Do we have any further items to be pulled for discussion. Hearing none can
I get a motion?
Mr. Mason: So moved.
Ms. Davis: Second.
CONSENT AGENDA
PUBLIC SERVICES
2. Motion to approve New Application: A.N. 13-30: request by Melissa Scott for an on
premise consumption Liquor, Beer & Wine license to be used in connection with Harpo’s
Lounge located at 2864 Deans Bridge rod. There will be Dance. District 2. Super District 9.
(Approved by Public Services Committee October 28, 2013)
3. Motion to approve Transfer Application: A.T. 13-31: request by Jane H. Young to
transfer the Wholesale Liquor, Beer & Wine license used in connection with General
Wholesale located at 813 Fifth St to 537 Laney Walker Blvd Ext. District 1. Super District
9. (Approved by Public Services Committee October 28, 2013)
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5. Motion to approve a request by Yajie Qu for a Therapeutic Massage Operator’s license
to be used in connection with SHQ Salon & Spa DBA SHQ Massage located at 102
Shartom Dr. District 7. Super District 10. (Approved by Public Services Committee
October 28, 2013)
6. Motion to approve a request by Tonyanikka Wright for Therapeutic Massage
Operator’s license to be used in connection with Ya Mind & Body Relaxation Station
located at 3240-A Peach Orchard Rd. District 6. Super District 10. (Approved by Public
Services Committee October 28, 2013)
7. Motion to approve referring this matter to the Administrator to come back to the next
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commission meeting on November 5 with a plan of action regarding tires left on the
property of the closed tire shop located on Martin Luther King Blvd. and Mill Street.
(Approved by Public Services Committee October 28, 2013)
ADMINISTRATIVE SERVICES
8. Motion to approve HUD mandated Cooperation Agreement-acceptance of payment in
lieu of taxes between Augusta Richmond County and the Augusta Housing Authority.
The United States Housing Act of 1937 (the “Act”) requires the local governing body for
the area (Augusta, GA) in which the public housing project (known as Twiggs Circle) will
be located to enter into a Cooperation Agreement with the Housing Authority to provide
the local cooperation required by HUD pursuant to the Act. (Approved by Administrative
Services Committee October 28, 2013)
ENIGNEERING SERVICES
9. Motion to approve Amendment of Professional Engineering Services Agreement with
Cavanaugh & Associates to perform Meter Technology Business Case Evaluation.
(Approved by Engineering Services Committee October 28, 2013)
10. Motion to approve Professional Services Contract with James L. Turner to attempt to
recover Georgia Sales/Use Tax from Fort Gordon Construction Contracts. (Approved by
Engineering Services Committee October 28, 2013)
11. Motion to approve award of the Downtown Signal and Streetlight Improvements CPB
324-041110-201824110, 201824115 and 328-041110-212828104 Project to RJ Haynie and
Associates, in the amount of $2,179,866. Award will be contingent upon receipt of signed
contracts and proper bonds as requested by AED. (Approved by Engineering Services
Committee October 28, 2013)
12. Motion to approve proposal from W.K. Dickson to assist in the evaluation of former
combined sewer basins. (Approved by Engineering Services Committee October 28, 2013)
13. Motion to approve completing funding of Mims Road Emergency Repair in the amount
of $47,561.08. Funding is available in TIA (Transportation Investment Act) discretionary
account as requested by AED. (Approved by Engineering Services Committee October 28,
2013)
14. Motion to approve an Option for the purposes of acquiring a Right-of-Way between
Glenda Y. Kendrick as owner, and Augusta, Georgia, as optionee, in connection with the
Marks Church Road Reconstruction Project, (50.01 sq. ft.) in fee more or less and N/A acre
of permanent easement, more or less; and (1,470.24 sq. ft.) of temporary construction
easement on Project Marks Church Road Reconstruction, from property located at: 3642
14
Jamaica Drive, private, at the purchase price of $900.00. (Approved by Engineering
Services Committee October 28, 2013)
15. Motion to approve an Option for the purposes of acquiring a Right-of-Way between
James David Towns and Angela Wilgus Towns, as owner(s), and Augusta, Georgia, as
optionee, in connection with the Belair Road Improvement Project, (N/A sq. ft.) in fee more
or less, and (135 sq. ft.) of permanent easement, more or less; and (564 sq. ft.) of temporary
construction easement, more or less, on Belair Road Improvement Project, from property
located at: 3844 Belair Road, private, at the purchase price of $1,304.60 and authorize the
Mayor to execute, at the direction of the Augusta Law Department document necessary for
closing. (Approved by Engineering Services Committee October 28, 2013)
16. Motion to approve Phase I of Dirt Road Paving, and Road/Street Resurfacing List for
year 2013/14, and for information only a proposed 2014-15 Dirt Road Paving and
Road/Street Resurfacing List. (Approved by Engineering Services Committee October 28,
2013)
17. Motion to approve proposal from ZEL Engineers to provide final design services for
the upgrade of the raw water pumping station (RWPS). (Approved by Engineering
Services Committee October 28, 2013)
18. Motion to approve the sole source procurement of repair parts for the #4 pump speed
increaser at the Goodrich Street Raw Water Pump Station. (Approved by Engineering
Services Committee October 28, 2013)
19. Motion to approve the purchase of repair parts for a flocculator at the Highland
Avenue Water Treatment Plant form a sole source vendor. (Approved by Engineering
Services Committee October 28, 2013)
PETITIONS AND COMMUNICATIONS
20. Motion to approve the minutes of the regular meeting of the Commission held October
15, 2013 and Special Called Meetings held October 15, & 28, 2013.
APPOINTMENTS
24. Motion to approve the reappointment of Rick Toole for a 4-year term to the SRS
Community Reuse Organization Board.
ADDENDUM
28. Motion to approve Year 2014 Action Plan for Community Development Block Grant
(CDBG) Program, Home Investment Partnerships (HOME) Program, Emergency
Solutions Grant (ESG) Program, and Housing Opportunities for Persons with AIDS
(HOPWA) Program.
Mr. Mayor: We have a motion that’s been properly seconded. Commissioner Williams.
Mr. Williams: I’ve got a couple of questions about 10 and 11. I just want to get some
clarification on it. I don’t understand what we’re doing with number ten. And I think it’s just
ten, just ten’s the one, Mr. Mayor. Can somebody clarify that for me?
Mr. Mayor: Mr. Wiedemeier.
15
Mr. Wiedemeier: Mr. Mayor and members of the Commission, some of the materials
that we buy for construction projects are exempt. However you have to file for a reimbursement
from the state. And this item is for a specialist to come in and file that reimbursement for us.
And he would be paid from the funds that we recover.
Mr. Mayor: Does that work? No new money, correct?
Mr. Wiedemeier: Yes, sir.
Mr. Williams: I’m going to allow that one, Mr. Mayor, but if Tom can while he’s up
there 18 and 19 with that single source can he explain that to me, Mr. Mayor, so we won’t have
to come back.
Mr. Mayor: Okay. Mr. Wiedemeier.
Mr. Wiedemeier: Number 18 is the manufacturer for a gear for our speed increaser at the
raw water pumping station. That is the, from the manufacturer of that gear box. And the second
is the repair parts for a flocculator at the Water Treatment Plant. That is also from the
manufacturer.
Mr. Williams: And those are single source. You can’t get those nowhere else but those
companies. Is that right?
Mr. Wiedemeier: That’s correct.
Mr. Williams: And is that our standard equipment that we’ve been having for a long time
Tom? And I’m just trying to make sure that we’re dotting every ‘I’ and crossing every ‘T’.
Mr. Wiedemeier: Right.
Mr. Williams: I’ve got a problem when you know we talked about that single source up
here and how it’s going to be so unique for one and then just to be able to do that. And this
government is a multitude of vendors and things.
Mr. Wiedemeier: Right but these are repair parts for a larger piece of equipment that the
manufacturer of that equipment has the, is ---
Mr. Mayor: Only one who does ---
Mr. Wiedemeier: Right.
Mr. Mayor: Okay.
Mr. Williams: Well, I understand. I mean the only one, single source I can identify with
that. I understand that. But I’m just thinking that we as a large body need to make sure that and
I guess you have Tom there’s nobody else to do that.
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Mr. Wiedemeier: Yes, sir, we do and Ms. Sams watches pretty close too. She won’t let
us go forward with sole sourcing if it’s not justified.
Mr. Williams: Okay, no problem, Mr. Mayor. I’ll put it on the agenda to approve that.
Mr. Mayor: All righty. We have a motion that’s been properly seconded.
Commissioners will now vote by the usual sign.
Motion Passes 10-0. [Items 2, 3, 5-20, 24, 28]
Mr. Mayor: Madam Clerk, on to the pulled items please.
The Clerk:
PUBLIC SERVICES
1. Motion to approve the revocation of the Alcohol License and Business License for Mr.
Timothy W. Lowery, d/b/a: Skittlez Bar and Grill, 1855 Gordon Highway, for failure to
comply with the Augusta-Richmond Count Alcohol Ordinance, Dance Hall Ordinance, and
Occupation Tax Ordinance. (Approved by Public Services Committee October 28, 2013)
Mr. Mayor: Mr. Sherman.
Mr. Sherman: Okay, as I mentioned at the committee meeting the other week Mr.
Lowery who does business as Skittlez Bar and Grill, 1855 Gordon Highway back in June, June
th
the 4 he was (inaudible) for violating the alcohol ordinance, having a minor in the business,
serving alcohol to the minor and having an adult entertainer in the business. You had placed him
th
at that time on, you suspended his license for 90 days and that was through September the 4.
th
And then from September 4to the following year he was placed on probation. Mr. Lowery
th
came into the office thereabout 9:00 September the 5. We met with him prior to giving him his
license back. We went over the alcohol ordinance. We emphasized that you cannot have a
th
minor in the business. The Sheriff’s Department on October the 5 conducted a bar inspection.
They inspected 24 bars. Two of the bars that they inspected they put them on a list. They’re
going to conduct further investigations. Eleven of the bars there were no problem. The other
eleven bars eight of the bars that they had problems with locked doors. That was conveyed over
to the Fire Department for them to meet with the license holders and to go over the life safety
codes. Then the other three bars one was cited for having a minor in the place. The first time
they were cited they go into Magistrate Court. The other bar we’re doing an audit to determine
their food sales. They will be bringing it before you probably the next couple two or three
weeks. And then we have Skittlez Bar. The Sheriff’s Department went there and found a minor
inside the business. He was violation of his probation. He was in violation of the alcohol
ordinance having a minor in the establishment. So with that the Sheriff’s Department sent us a
letter saying that they had a minor in there. We couldn’t meet with him again and tell him that
you can’t have a minor in there. He’s on probation so we put it on the agenda to bring it before
you. And our recommendation is to revoke the license. He’s on probation I guess and option or
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alternative would be suspension but that didn’t seem to do any good. So again our
recommendation is revocation.
Mr. Mayor: And Commissioner Lockett then I’ll come to Commissioner Williams but I
believe this was your pull so I wanted to give you first option to speak to this. And then we will
hear from the applicant. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. All I’m looking is fairness. We established a
precedent with the Pure Platinum Club. This club had multiple violations when they were on
North Leg and they came in and surrendered their license rather than have their license revoked.
Then a few months later we issued a license and they moved out to Gordon Highway. The same
thing all over again. They come before this body and I haven’t ever seen so many people
lobbying to keep that club open. Now this club the only difference between the two now is one
caters to straights the other caters to gays. Now the first time when Skittlez was here you all
presented an extremely weak if not nonexistent case. In fact I told you all that at that particular
time. And I advised you that if you come back with any of these clubs have more than
circumstantial evidence. Well then you all come back this time say they got an 18-year old
sitting in there not drinking which I realize is a violation according to our local policies. But I
understand the state says you can be 21. You indicate that there were others in there but we
didn’t talk to them in there we talked to them on the outside and the only reason we talked to
them in is because they claim they were angry because they were put out and they could not
enjoy the rest of the night. So Mr. Sherman 97% of the time when you all come before this body
if it’s your recommendation and the Sheriff’s recommendation ---
Mr. Mayor: I’ll give you another two minutes.
Mr. Lockett: Thank you. I support you. But this is definitely unfair. When Pure
Platinum came before this body on both occasions I tried I said look their license ought to be
revoked but they weren’t. But now one incident their license is suspended. Come back one
other incident we want to revoke the license. I don’t do condone what Skittlez has done and I
really don’t condone the lame excuse that they came up with saying that the reason why an 18-
year old was there was because he was a designated driver. And they also indicated one week
prior he had had a seizure. That didn’t make sense to me. I mean but just because their
explanation is a lame one don’t mean that we need to be the same way. I would hope I would
hope that my colleagues see fit to be fair with this club but let them know that no matter how
small the violation your license will be revoked and it’ll be revoked permanently. But that’s
what we need to do. But I think right now if we do it today we’re doing a disservice to them and
to our community. All we ask for is fairness. Thank you, Mr. Chairman.
Mr. Mayor: Thank you. Commissioner Williams then Commissioner Mason.
Mr. Williams: Thank you, Mr. Mayor. To me there’s too much of a coincidence to be a
coincidence. And what I mean by that is that I think this is the first time, Rob, after they were on
probation that the Sheriff’s office went in there. Is that right?
Mr. Sherman: I believe that’s correct.
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Mr. Williams: Okay. And the first time they go in and only fine is one young man who’s
sitting inside the club or wherever he is you know they find him there and everybody else is on
the outside. And I think the Sheriff stated he talked to some of the other underage people outside
and they admitted they was inside. Well it looked like it should’ve been at least two or three or
at least two if not just that one that was inside instead of just that one. Now I mean I know this
guy’s had he came before us before and I know he had a violation and you know we had pictures
and anybody who wanted to see them had an opportunity to see them. I chose not to. I took
your word you explained some of the graphic stuff that was there but I’m like Commissioner
Lockett. I mean fair is fair. If we’re going, I mean I think if you give a person enough room
enough rope he’s going to trick himself, hang himself whether he’s going to do it I mean if he
has enough room. But the first time they went back after being on probation this young man
shows up. I just think that we need to be mindful. We got people paying officers to be there.
Now you pay an officer and I don’t know what officer was on duty that night or not but when
you pay and officer to be there his job or her job is to make sure that those people are not coming
in there. Now if ---
Mr. Mayor: Give you another two minutes?
Mr. Williams: Yes, sir, Mr. Mayor, I’m going to need three of them but I’m going to try
and stop it at two. But if we’re paying them and we had the same problem with the club
Commissioner Lockett talked about before where we’re paying officers. We had a problem out
on Tobacco Road where the Sheriff would go out there and they wouldn’t stay there, they left.
They didn’t want to work this bar or whatever. If you’re paying somebody to do that and then
that’s their job to handle that. You just seen in the news where someone was in the mall the
other day and took an assault rifle and people are doing crazy stuff now. I mean it just ain’t the
same so I’m hoping that we can find another way to deal with this and let this business owner
know we’re serious about it. But I just think it’s just too much a coincidence to be a coincidence
to come in like that and just find one young man out of all those on the outside that said yeah, we
was in there too. I mean most people ain’t going to tell you they was in there especially if
they’re underage in talking to law enforcement. I mean that’s the last thing they want to tell you.
But still I just and I was on the committee and I voted when it came through committee to get it
to this point. But I just think we need to look at that and be as lenient as we possibly can and
also be as forceful.
Mr. Mayor: Thank you, sir. Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. I’m going to respectfully disagree with my
colleague Bill Lockett in the sense that I don’t believe we’ve set any sort of precedent. I believe
that every case stands on its on merit and it’s not a one size fits all for anything that we do up
here. But having said that I do need to look at all the factors involved and if a precedent is set
it’s not necessarily a bad thing. I’m glad slavery was taken out of existence. That was a
precedent. That was a good precedent to set because it never should have happened in the first
place. So when you mention precedents it’s not always a bad thing. But in this particular case I
need you to care about your own business if you want me to care about it. You were given some
specific guidance for whatever reason it was not adhered to. We have to rely upon those that we
19
have in place such as the Sheriff’s Department and License and Inspection to give us good
recommendations because I’m not a policing agent. But at the end of the day I’ve got to make a
decision on your business. I don’t want to be anti-business I want to be business friendly and
quite frankly the very idea or the thought process in my mind that this has something some type
of something against gays, lesbian, gay, bi or trans versus straight. That doesn’t equate to me.
That’s not relevant to me one way of the other. But what does matter is what do you want to do
about your business? Now I heard those excuses too, they were pretty lame as far as I was
concerned in terms of why somebody would be in. Now you knew that your license in that you
shouldn’t have anybody in eighteen. Now whether he was a designated driver or whether he
suffered a seizure or whatever ---
Mr. Mayor: I’ll give you another two.
Mr. Mason: --- thank you, it’s your responsibility to guard your own business and take
your business seriously. So I need you to do that. And so if I do decide on this vote to give you
a second opportunity you want get a third if this continues on because you got to take your
business seriously if you want me to take it seriously. Now I want you to be successful. And I
don’t care if gay, straight or otherwise it, none of that matters to me. But what does matter is
that you adhere to the laws that are on the books. And so if in fact you get a second opportunity
my advice to you is to take full advantage of it because if it comes back again for a third
opportunity you won’t get that not from this Commissioner you won’t get that. So you handle
your business then we can handle ours and then we should have no problems. But if you don’t
we’re going to have a big time problem either today or somewhere in the near future. But that’s
going to depend upon you young man. Thank you.
Mr. Mayor: Yes, sir. Mr. Mayor Pro Tem.
Mr. Johnson: Thank you, Mr. Mayor. Rob, was there any police presence at the
location?
Mr. Sherman: At this location?
Mr. Johnson: Yes. Do they? All Right. They’re required to have police presence there?
Mr. Sherman: There was no police presence there.
Mr. Johnson: Are they required to have police present.
Mr. Speaker: No.
Mr. Johnson: Why not?
Mr. Speaker: It’s something that the Sheriff has always been withstanding that we don’t
make businesses have deputy’s there.
Mr. Johnson: They provide alcohol?
20
Mr. Speaker: That’s correct.
Mr. Johnson: I don’t understand it. Well I’m going to say that and say this. The
Platinum Club Platinum deal was were there apples and oranges comparison into this situation
here. That particular club moved from Wrightsboro Road to Gordon Highway because the
residents didn’t want them in that area. They had some violations and of course they changed
ownership. They moved. Now the situation that happen there with them is totally different. The
owner did what he was required to do. We asked him to have police presence there he did that.
This particular situation here the club was on probation okay? Now this is the point I’m trying to
make. If the club was on probation and they had a violation prior to and then they come back
during their probation period, if I’m driving and I’ve been recently been caught driving without a
license and I’m caught driving again in the probation period without a license I’m going to jail.
And I’m going to see the judge before I get out. Okay? That’s what we’ve got to take into
consideration here. I want to be fair. I’m pro business as well. I want to be fair and I’ve been
the first in every especially teen clubs that came before me I’ll tell then I’ll advocate for you if
you give me something to advocate for. However if you don’t my hands are tied. I got to be fair
okay? And in this situation here this is what we’re looking at here now. If we say we’re going
to give him a 6-month suspension he can’t survive. He’s not going to survive a 6-month
suspension. So whether we do that or we revoke the license he’s still he’s going to default, he’s
going to fall because the bottom line of it is he can’t sustain a business. Nobody can for six
months. He can’t pay rent there and have no use of the facility for six months. So I mean we
have to look at this thing and be fair. And if we want to be fair and look at the situation it’s
unfortunate but these are the things you have to be mindful of. That business is very, very ---
Mr. Mayor: I’ll give you another two.
Mr. Johnson: --- thank you, Mr. Mayor, is very tricky and it’s very difficult. Now if
you’re doing what you’re supposed to do you can sustain. I know clubs who have but this is one
of those situations that if we do go out and do a six month suspension it’s not going to help him,
period. So I just wanted to put that out there, Mayor, it’s not the same and we just have to be fair
across the board. I think we are being fair in this process.
Mr. Lockett: Mr. Mayor, I’d like to make a motion.
Mr. Mayor: Okay, Commissioner Lockett.
Mr. Lockett: I’d like to make a motion to deny the revocation of the alcohol license and
business license for Mr. Timothy Lowery.
Mr. Mayor: Do we have a second to that motion?
Mr. Fennoy: Second.
Mr. Mayor: It’s a motion ---
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Mr. Lockett: To deny to revocation.
Mr. Mayor: --- to deny the revocation. Okay, we have a motion that’s been properly
seconded but I do want to hear, well Commissioner Guilfoyle and then Commissioner Smith and
then I do want to hear from the business owner.
Mr. Guilfoyle: I’d like to make a substitute motion. Motion to approve the pulling
of his license.
Mr. D. Smith: I’ll second that motion.
Mr. Mayor: Thank you, sir. Okay, now I’d like to give five minutes time to the business
owner or his representation.
Mr. Batson: First of all five minutes is not enough. And I ask under due process and
need for protection that we be allowed a meaningful hearing. Also I object to the fact that you
do not have subpoena power which prevents us from having a meaningful hearing to bring
forward the young man to prove the fact about those conditions which already have been
rejected. Next I will begin the process and you all cut me off whenever you cut me off but I
don’t think five minutes is enough. First of all could you tell us ---
Mr. Mayor: Before we proceed I would like to ask our city attorney with regards to
proper procedure in this situation. I know that it’s the Chair’s right to identify speakers for as
long as they would like but seeing as we’re getting into legal territory here I’d like to hear from
our attorney.
Mr. MacKenzie: Sure, I don’t think more than five minutes is required under our
procedures but if it’s the will of the Chair to allow additional time based on the information
provided and do that I will note that there was more time allowed at the committee process
which was also a public hearing. So plenty of time has been had.
Mr. Mayor: Okay, I will go back to you gentlemen and we will continue on with the five
minutes.
Mr. Batson: All right, we lodge that objection and say that we needed to sufficient time
substantively meaningful under the facts and evidence and law in this case. And if we can make
it in five minutes fine but if we can’t I’m lodging that objection.
Mr. Mayor: But, yes, sir, but I am once again I’m not a judge and jury so ---
Mr. Batson: We have to preserve the record.
Mr. Mayor: Okay.
Mr. Batson: All right. First of all can you tell us what happened last spring when you
went in to renew your license for the restaurant?
22
Mr. Lowery: Well, I had a restaurant license. It was a limited restaurant license and I
went in to the license office to pick up my business license. And at the time I think it was Larry
Harris didn’t have anybody in there so I went to go see Larry and said, “Larry, what do I need?
You see I have this license, what do I need? I done had it for a year; what do I need to be able to
stay open to 4:00 o’clock?” And so Larry Harris (inaudible) liquor license snatched it from my
hand he said “You aren’t supposed to have this license.” I said “well I’ve been operating under
this license for the past year.” I said, he said he went to the older white lady he said, “What is he
doing with this license?” And she said, “Well he was that’s the license he was issued.” He said
“Well, he was issued the wrong license” and then told her to issue me a bar license. So I still and
I went to I called (unintelligible) and said “Look now you’re boys are doing me wrong.” And I
went to him and nicely asked him what to do, what’s the proper procedure. He gave me a
meeting (unintelligible) wasn’t there so I spoke higher. And they actually said “Well
(unintelligible) to help you out here” and I said, “No, I haven’t, I came here first.” So I said I
said he snatched the license out of my hand and gave me a different license so this is the license I
should be operating under.
Mr. Batson: All right, that’s enough. The point of that is he had still had the restaurant
license somebody under 21 could have been in there, no problem. That’s consistent with your
ordinance. Also your ordinance allows for twenty people under 21 to work there. So how do
they get to work there? They come in, they sit down, they’re waiting. They can fill out an
application. So you let 21 year olds even in your own ordinance come in there and work and
help a guy make a profit. Can you tell us why that young man was in there?
Mr. Lowery: Yeah, he was just, I mean, you can verify with the officer that was there
that night. The guy had a seizure in the parking lot waiting on his friends. Two weeks before
this happened he was waiting on his friends he was going to drive them home. He had a seizure.
Deputy Alvis called the EMT’s. The EMT came and picked the man up and took him to the
emergency room. Why would I lie about something you can prove just by pulling the record?
Mr. Batson: Did you want him to come in to work so he could take care of his safety?
Mr. Lowery: Yeah, so on the night in question on Friday I don’t have a deputy. It’s not a
big enough crowd. And you know my bar has never had any incidents of violence, not one. So I
don’t have a deputy on Friday. It’s not needed. So when I was told about the boys he was
running with (unintelligible) in the parking lot. And I didn’t have no deputy out there. I waited
for a while and I went out there and said look did that man have a seizure or something in my
parking lot? No one’s going to know it because there’s not a deputy out there. But a deputy
seen him fall off the car the first time and called the EMT’s. This time nobody was out there so I
went outside and I got the man. I said, “Won’t you come inside and sit over here in this corner
wait for your friends and get stronger.”
Mr. Batson: Were you extending a helping hand?
Mr. Lowery: Yeah. And so when the officers came in I said, Corey, I said, “Go get your
friends so ya’ll can leave.” The officer answered, “Go with your friends”. So he walked in there
23
got his two guys and was walking out. And that’s when the deputy seen him and asked him for
his I.D.
Mr. Batson: All right.
Mr. Lowery: There was no other people in that bar ---
Mr. Batson: All right.
Mr. Lowery: --- just him.
Mr. Batson: All right. First let me make the point that when you take the oath to be a
counsel person you swear a duty to the constitution. Even if you don’t the supremacy clause
requires that. The constitution protects loitering. Your ordinance if you’re loitering and you’re
not doing anything illegal it’s not illegal. Your ordinance makes loitering illegal. You can loiter
inside you can loiter outside. The constitution prohibits penalizing people you are loitering ---
Mr. Mayor: Okay, gentlemen the five minutes is up.
Mr. Batson: Are you going to cut me off?
Mr. Mayor: Yes, sir. I try to give everybody five minutes and be equally fair to
everybody. Commissioner Fennoy.
Mr. Fennoy: Mr. Lowery, I feel I feel very insulted that you would come before this
Commission and say that the reason the guy was in the club because he’s epileptic and had a
seizure. If the guy is epileptic and had seizures he needs to be home. He don’t need to be out in
the club. And if he’s a designated driver the last person I want driving a vehicle for me is
somebody that has seizures. Okay? Second of all I don’t appreciate the fact that you’re
throwing one of our employees under the bus.
Mr. Lowery: Who?
Mr. Fennoy: Larry Harris.
Mr. Lowery: I understand ---
Mr. Mayor: Hey, keep it civil.
Mr. Fennoy: I don’t appreciate the fact that you’re throwing one of our employees under
the bus. I came here I came here with the intention of supporting you staying open. And in all
probability I’m still going to go that way but I feel insulted, I’m just telling you how I feel. I feel
insulted that you would come before this Commission and expect us to buy in what you’re trying
to sell us.
Mr. Speaker: No, no may I respond please? May I respond?
24
Mr. Mayor: I will let you respond and then we have a motion that’s been made and
properly seconded.
Mr. Batson: All right. If we had the power of subpoena we could’ve brought that young
man in with his medical records. And we could’ve proven that to you. And further even if he
has epilepsy it’s not your call whether he drives, it’s the doctors’ call whether he drives. And
further that young man has the right to loiter and hang out with people he wants to hang out with
so long as he’s not violating the law. At this club there are not 147 incidences of violence like
there are at the other club. There have been no calls or ---
Mr. D. Smith: Call for the question, Mr. Mayor.
Mr. Batson: --- from the Sheriff ---
Mr. Mayor: Okay.
Mr. Batson: Am I being cut off again?
Mr. Mayor: You have been given a chance to respond and the question has been called
for. Mr. Attorney, I would like to, now that the question’s been called for is there a willingness
by the Commission it’s appropriate for me to call for a vote at this point to see a willingness to
end debate. Correct?
Mr. MacKenzie: Yes.
Mr. Mayor: Okay. I would call for a vote on behalf of the Commission has to a
readiness to end debate.
Mr. Mason: Point of privilege, Mr. Mayor.
Mr. Mayor: Commissioner Mason and I’ll give you one minute.
Mr. Mason: Yes, just a point of privilege. I need some clarity from our Legal. There
have been some assertions by legal counsel for Mr. Lowery in terms of what’s lawful and legal
in terms of our ordinance. Is there in your opinion as far as our ordinance goes is it in fact legal
and does it stand does it stand as legitimate as far as enforceable.
Mr. MacKenzie: Based on the facts of this case it is my understanding and belief that
there would not be anything that would substantiate any allegations that his attorney has made.
And it’s my understanding a lot of those objections have been made for the record I guess with
the intent if he’s going to proceed further with further litigations. Based on my analysis of the
facts in this case and the relevant statutes I don’t see any basis for any doubt with respect to the
Commission’s authority to make a decision the merits of this case.
Mr. Mason: Thank you.
25
Mr. Mayor: Commissioner Smith.
Mr. D. Smith: For our General Counsel. The majority of what Mr. Batson is bringing up
should be an issue that he should be arguing in the Superior Court and not here. Am I correct?
Mr. MacKenzie: Well, he can make the arguments here. And he’s making constitutional
challenges and challenges with respect to the legality of the statute. If he chooses to proceed
further once this body has made a decision he has a right to do that.
Mr. D. Smith: Yes sir. Thank you.
Mr. Mayor: Okay, the Commission will now vote on the readiness to end debate.
Motion carries 10-0.
Mr. Mayor: Okay, now we have a substitute motion on the floor. And, Madam Clerk,
for clarity if you could read that substitute motion back.
The Clerk: Yes, sir. The substitute motion was to approve the revocation of the alcohol
and business license.
Mr. Mayor: Commissioners will now vote by the substitute sign.
Mr. Johnson, Ms. Davis, Mr. Jackson, Mr. D. Smith, Mr. Guilfoyle and Mr. G. Smith vote
Yes.
Mr. Fennoy, Mr. Mason, Mr. Lockett and Mr. Williams vote No.
Motion Passes 6-4.
Mr. Mayor: Thank you, Madam Clerk. Next pulled agenda item, please.
The Clerk:
PUBLIC SERVICES
4. Motion to approve a request from Paul S. Simon to create a centralized Chiller Plant at
the Augusta Conference and Convention Center. (Approved by Public Services Committee
October 28, 2013)
Mr. Mayor: Commissioner Lockett, I believe this was your pull.
Mr. Lockett: Thank you, Mr. Chairman. I know Mr. Simon thinks we’re going to let him
slip through the other day. Mr. Simon ---
Mr. Lockett: Through the Chair, please, sir. Mr. Simon, would you please approach the
podium?
26
Mr. Lockett: Mr. Chairman, may I speak to Mr. Simon?
Mr. Mayor: You may.
Mr. Lockett: You came before this body several weeks ago and you talked about the
great favor that you were doing for us out of the kindness of your heart. Now I know that you
are an extremely shrewd business man and I’ve told you that before. So I began to wonder what
does Mr. Simon have up his sleeve this time? But then after it was voted down you came back a
second time out of the kindness of your heart to tell us what a big favor that you are doing us.
And that really puzzled me. What I would like to know is how are we going to differentiate or
distinguish what is going to the Marriott as opposed to the TEE Center, the Convention Center
and so forth? And why is it that the chillers that you’re talking about what’s going to happen
with it if we should terminate our relationship with you and the Marriott? I mean those are the
basic questions I have. I’m quite sure you have a relative response.
Mr. Simon: First of all ---
Mr. Mayor: Mr. Simon.
Mr. Simon: My name is Paul Simon, 14 Highgate West Augusta Georgia.
Mr. Mayor: You’ve been through this once or twice.
Mr. Simon: That’s right. Anyway my reason I bring it back I told you the last time or
the first time that we talked about this that we had two ways to do this. And one was we could
replace the unit that’s on the roof of our buildings and of your building the convention,
conference center but the preferred way was to do it as we are proposing it. And I told you what
we would go with if you voted it down. Well I was confused quite frankly as to why you would
vote something down that’s so clearly in the benefit of not only us but the city. Here we’re going
to pay the costs no cost to the city but yet you’re going to get additional backup for the
Convention Center for your cooler. We will have backup as well. But both of us will save
money because producing cool air like this is a cheaper way to do it and the power bills will
come down. Now the power bill at the Convention Center just you’re convention center the new
one is between $225 and $250,000 dollars a year just for power. And so anything that we can do
together to save some of that cost I think it makes sense. That’s where I was confused when we
had a committee vote of 4-0. And then when it got to the full council it didn’t pass. I was, and I
wasn’t here. I couldn’t be here that day so it was on the consent and I thought it would go right
through as I did today quite frankly. But when it didn’t and I got our folks together and I said,
you know, is it worth going back again because of the benefits? And it was. They said yeah
we’ll go back because it didn’t fail it just didn’t pass. And so I thought there were some folks
who didn’t understand. So anyway that’s when we brought it back. But how will we manage it.
We’ll have meetings after to determine who uses cold water and that’s what it’s all about coolant
water from the tower and there’ll be meters for the city’s part and for our part. And I remind you
too that part of what we’re cooling now is a conference center which is owned by the city. So
part of it is beneficial because it’s to all our advantage to have people come here and visit this
city. We fed almost 1,600 people the other night at one sitting. You can’t do that anywhere else
27
in Augusta. And I only had one complaint that I know of. So but anyway but does that answer
your question?
Mr. Lockett: Yeah, all except if, Mr. Mayor, if I may is who’s going to control the
metering and what happens if our relationship goes south and all of a sudden we don’t want to
have anything to do with the Marriott? That’s just a hypothetical.
Mr. Simon: Well, the meters will be there as they are now for the power. In other words
there’re separate meters now to control the power. So there will be meters there for the water as
well so anybody from the city can check that anytime they want to number one. But number two
we’ll be audited. We’ve just, we’re working on our audit now for this year for the Convention
Center. But we’ll be audited and the auditors look at contracts they look at all the things to
determine what we’re doing and how we’re doing it as it relates to our grids.
Mr. Lockett: Mr. Chairman, move to approve.
Mr. Guilfoyle: Second.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioner
Smith, Commissioner Guilfoyle then Commissioner Fennoy.
Mr. D. Smith: Mr. Simon, how much did you say the power bill was, $250,000 dollars?
Mr. Simon: Between $225 and $250 just for the convention center.
Mr. D. Smith: Are you going to come back to this body or to the legislative delegation
and ask them to give you a 6% reduction on your power so you don’t have to pay tax on that?
Mr. Simon: Well, may be.
Mr. D. Smith: Thank you.
Mr. Mayor: Commissioner Guilfoyle then Commissioner Fennoy.
Mr. Guilfoyle: I was going to make a motion to approve.
Mr. Mayor: Commissioner Fennoy.
Mr. Fennoy: Yes, who will be responsible for maintenance of the chiller?
Mr. Simon: We will have the responsibility as managers of the center as we do now. So
this guy sitting right here it’s his job to make sure that we manage the facility and also will be
responsible for the meters as you talked about. All subject to audit, all subject to anybody
looking at it any time you want to.
28
Mr. Fennoy: And I guess my question is that if we have to repair the units you all will be
responsible for repairing it.
Mr. Simon: That’s right but it would be ---
Mr. Fennoy: But will you all turn around and send the city a bill for the repairs?
Mr. Simon: Only for your part. We’ll pay our part and you’ll pay as we do now. So we
have so many things over there that’s working together and we have to divide up the costs
between the city and between us. We do that all the time. We’ve done it for years. If our chiller
breaks we fix it. If yours breaks, we’ll fix it, but you’ll pay for it.
Mr. Fennoy: Okay and what’s the estimate of savings that you perceive?
Mr. Simon: I cannot give you a direct answer to that because what we did with your
engineers who was on the project says that we’re saving money. They said we can’t do it
without doing a lot of work. They can’t tell you the amount without doing a lot of work. And
we don’t think it’s worth a fee to pay them. We know there will be a lower cost but I can’t tell
you the amount.
Mr. Fennoy: You can’t tell what it is.
Mr. Simon: No.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Paul, while you’re standing there I just want to know, this is a chiller that
you’re just going to put on the roof that belongs to the Marriott but it’s going to be on our on the
roof. So any repairs wouldn’t go to us anyway. I mean only the chiller we have, right?
Mr. Simon: That’s right.
Mr. Williams: I just want to make sure I’m voting on the right thing.
Mr. Simon: And just about some information I had a call the day before yesterday. We
have a chiller on top of an office building. It’s right across the street from the hotel. We own
that. We’ve got to repair that. If it’s not a repair it’s a replacement. And if it’s sixty something
thousand dollars we’re going to repair it and not replace it. But the point is you have these things
around all the time that you’re concerned with about cold air and air conditioning and all that
that you’ve got to maintain.
Mr. Mayor: Okay, we have a motion that’s been made and properly seconded. If there’s
no further discussion Commissioners will now vote by the usual sign.
Mr. Fennoy votes No.
Mr. Mason out.
29
Motion Passes 8-1.
Mr. Mayor: Thank you and can you pipe a little of that cold air over here to the eighth
floor?
Mr. Simon: If it’s overhead you sure do.
Mr. Mayor: The window doesn’t work in the middle of the summer. Commissioner
Lockett.
Mr. Lockett: I just want to tell Mr. Simon I’m sorry you didn’t get to ten. I thought you
were going to get to ten today.
Mr. Simon: I thought I was going to get to ten. Maybe one day, maybe.
Mr. Mayor: Thank you. Madam Clerk, on to the regular agenda.
The Clerk:
PUBLIC SERVICES
21. An ordinance to amend the Augusta, Ga. Code, Title Four, by adding a new article to
be designated Article 7 and new sections to be designated sections 4-2-77 through 4-2-97; to
repeal Augusta Ga. Code Title Four, Section 4-2-1; to restrict smoking in public places and
in places of public accommodation; to repeal all code sections and ordinances and pars of
code sections and ordinances in conflict herewith; to provide an effective date and for other
purposes. (No recommendation by Public Services Committee October 28, 2013)
Mr. Mayor: Mr. Mayor Pro Tem.
Mr. Johnson: Thank you, Mr. Mayor. First and foremost I’d like to thank all of the
support for The Breathe Easy Campaign for coming out today. You guys really came out in
record numbers. However due to the fact that we still have a few things we need to get worked
out within this ordinance I will ask that we well first of all make a motion that we table this on
this Mr. Mayor until we make those tweaks to it that we think we all can come to an agreement
on up here. And we’ll bring it back to I guess a committee. That’s probably the best way and
then to this full Commission.
Mr. D. Smith: I’ll second that motion.
Mr. Mayor: We have a motion that’s been properly seconded. Commissioner Williams
and then Commissioner Lockett.
Mr. Williams: Yes, sir, there’s some discussion and I hear Mr. Johnson talking about
some tweaking and I don’t mind that. But I just think everybody needs to lay it on the table the
things that we’re going to be bringing back and maybe talk about them now and get them worked
out. I had been told there were certain areas that are going to be cut out of this and I have a
30
problem. If it’s going to be a vote it ought to be across the board or none at all. I can’t see how
we can tweak it and take out some areas if we’re going to do that. Now I’m just trying to find
out what tweaking or what bird’s going to be singing or whatever’s going to happen. I need to
know those things and not after we come back to do this again. We’re here at the table now and
we ought to at least talk about it so we’ll know. And I’ve been told certain groups will not be
included and would think that would be unfair. We just got through talking about the fairness
with the club coming in and I mean we need to do everybody the same. If we’re going to do that
if it’s going to pass it ought to pass unanimously with every facet every entity versus carving out
something. So can you Mr. Pro Tem what those tweaking ---
Mr. Mayor: Mr. Mayor Pro Tem.
Mr. Johnson: Well, Mr. Mayor, I think that’s what we need to talk about as a body. I
think there’s some things in here that of course I thought that you know through some of the
amendments that the attorney made that we can pretty much agree on that. But I see there’s a
few other things in here that we need to talk a little bit more about and see whether we can get
the support of all the Commissioners. One thing I think is certain we all can agree that second
hand smoke just as well as smoking is dangerous. It’s one that you know I think anybody in
their right mind don’t want to be in the presence of any environment that’s like that. So but I
think we have a difference of opinion on who is allowed to do this. And I think some people
think we’re imposing on the private sector and we’re imposing more government on them but
that’s not the case. We have government that enacts laws and ordinances all the time. You can’t
drive your car without car insurance. That should be your right but guess what the law states you
must have car insurance and they do have a limited amount that you must have covered. Is other
things that you have to have I mean it’s so it’s not a mere fact that we’re imposing on private
sector business we’re just saying we want to create a more wholesome work environment. I’ve
had a ton of emails about this. People asking questions about E Cigarettes. Well, it has to be
comprehensive and E Cigarettes have to be included in that because who’s going to be
determining what’s a cigarette and what’s an E Cigarette inside the work place. So I think these
are the things that we have to get worked out and I thought we had a pretty clear ordinance here
but we need to come together and talk about these things because you may have your opinion on
something and we need to talk about that. So that’s why I just, I made the motion to send it back
so we can have that dialogue, make the necessary changes and if we can all agree to something
that would be like I said comprehensive then I think we’ll have an item that we can all support.
Mr. Williams: Mr. Mayor ---
Mr. Mayor: You can continue, Commissioner Williams.
Mr. Williams: --- I want to respond. And the reason I wanted we need to go and dispose
of this. I mean I’ve got a ton of emails and a ton of phone calls and I don’t mind that. I’ve got
three phones so I mean if they don’t get on one they get on another one. But we need to go
ahead and either do this or don’t do it because the longer we hold it out it’s going to generate
more and more conversation. We need to make a decision. That’s what we were elected to do
and sometimes the decision is tough but we need to make those decisions. We can’t just keep
putting it off and putting it off and putting it off. I’ve got no problem doing it today. However it
31
comes, it comes. I’m not a smoker never have been and it wouldn’t affect me at all but I just
think that we shouldn’t put this off to continue the dialogue or someone’s got a calling post and
put it by numbers out there. And I put mine out on the media. I’m not afraid of that. Mr.
Mayor, I put mine out right? Everybody’s got it so it’s no problem. I just think we ought to go
and dispose of it. Either we’re going to do it or we’re not going to do it. So to keep putting it
out there to come back and come back and come back just creates more ---
Mr. Mayor: I sent my number out there to 30,000 registered voters in 2005 and thank
God most of them probably lost it by this point. Commissioner Smith or Commissioner Lockett
did you ---
Mr. D. Smith: Yes, sir ---
Mr. Mayor: --- I’ll come back.
Mr. D. Smith: --- in response to my colleague, Mr. Williams, this ordinance is 20 pages
long. I think it would be absolutely absurd for us to sit here today and try to debate 20 pages of
an ordinance about what is and what is not. And my colleague to the left, Mr. Lockett, is
continuously reminding us that we should do due diligence and that we should do our work and
not be rushed to put things through because we don’t know what the end result is. And a 20-
page ordinance that affects 200,000 people in this community cannot be debated in this forum
today. So I would ask that my colleagues support the motion of let’s send it back to committee,
let’s get all the parties together from both sides and let’s work to pass something that will help
the health in this community. Thank you.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I’m a firm supporter of no smoking because it
is hazardous to your health. And everybody, well many people talk about First Amendment
Rights. Yeah you have First Amendment Rights but you don’t have a right to do things that are
going to be detrimental to my health or to your children’s health or whatever. We are going to
be scolded if we do and scolded if we don’t. I would much rather err by putting the smoking ban
in place because we start out we begin to talk about well you know you can’t have kids in the car
with a smoker in there which I support that. Then we came back and said well maybe we’ll just
take that off. Then we say well you know in private clubs. Let me tell you something about
private clubs. I was invited to the VFW a few weeks ago to be chili judge off all things. I was
told to be there at 2:00 p.m. They were having an event downtown that day so I took my wife
with me. And we got in there at the VFW and I’ll tell you what you had to wave in front of your
face it was so smoky in there. And then I told the lady that invited me she said we don’t start
until 3:00. I said well why find you tell me 2:00. I wanted to make sure you were on time. Do
my wife and I sat there in that smoke filled area second hand smoke with us. Now if we had kids
at home we’d be giving the kids third hand smoke. Just like the seat belt when it says you’ve got
to when you operate a vehicle or ride in one you got to have a seatbelt on. At first I was very
rebellious but then after a while it’s just automatic. And those other things. You go to a
veteran’s hospital and you see guys walking around with oxygen tanks ---
32
Mr. Mayor: I’ll give you two more minutes.
Mr. Lockett: Thank you, Mr. Mayor. Sometimes as elected officials we got to
incorporate or develop a little intestinal fortitude. That’s what the Marines refer to as guts. We
have got to step up to the plate and do things that may not be popular. You’re here because
people elected you to be here because they have faith and confidence in your judgment.
Statistics show that the majority of the people in Richmond County, Georgia want a smoking
ban. I have received several calls from bar owners saying Commissioner please vote. We don’t
want the smokers in here. But we need to do that for them for our kids for our senior citizens.
And lastly I will be presenting to this government by the end of January to make Augusta
Georgia an age friendly community. People come in from the north. They’re looking for a
home or something. This is good for economic development. Come to Augusta Richmond
County. You cannot smoke out in public and so forth. That is a good call and I support the
Mayor 100% when he said he will vote for it also if he can. Thank you very much, Mr.
Chairman.
Mr. Mayor: You going to put that in the form of a motion? A substitute motion?
Mr. Lockett: Well, Commissioner Johnson said he wanted to ---
Mr. Mayor: Okay.
Mr. Lockett: --- so I want to do that for him.
Mr. Mayor: Okay. We have a motion that’s been properly seconded. Commissioner
Jackson.
Mr. Jackson: Has there been a substitute made?
Mr. Mayor: No.
Mr. Jackson: I want to make a substitute motion to do away with the smoking
ordinance in Augusta Richmond County.
Mr. Mayor: Is there a second?
Mr. Williams: I’ll second it.
Mr. Mayor: Okay. We have a substitute motion that’s been made and properly
seconded. Madam Clerk, for the sake of clarity if you could read back the substitute motion.
The Clerk: It was to do away with the smoking ordinance in Augusta Richmond County.
Mr. Mayor: If there’s no further discussion Commissioners will now vote by the
substitute ---
33
Mr. Lockett: Mr. Mayor, please I need a little explanation here. What is he trying to do?
What are you doing?
Mr. Jackson: Taking it off the table.
Mr. Mayor: Dismissing the ordinance. Could you clarify your motion there,
Commissioner Jackson?
Mr. Jackson: Dismissing the ordinance for Augusta Richmond County.
Mr. Mayor: For this point in time because anybody can bring it back up. Commissioner
Smith.
Mr. D. Smith: Counsel, that’s doing away with the ordinance. What’s the magic number
that you’ve got to have to pass that?
Mr. MacKenzie: If I can, Mayor, I’d just like ---
Mr. Mayor: Yes, Mr. MacKenzie.
Mr. MacKenzie: --- to verify. Is this, is the intent of your motion, Commissioner
Jackson, to eliminate the existing version or just not to pass any new version.
Mr. Jackson: Not to pass any new versions of this ordinance.
Mr. Mayor: Okay. Okay, are we straight on that, Mr. MacKenzie. Are we good?
Mr. MacKenzie: Yes, sir.
Mr. Mayor: Okay, a substitute motion has been made and properly seconded. If there’s
no further discussion Commissioners will now vote by the substitute sign of voting.
Ms. Davis, Mr. Mason, Mr. Jackson, Mr. Guilfoyle, Mr. Williams and Mr. Grady Smith
vote Yes.
Mr. Fennoy, Mr. Johnson, Mr. Lockett and Mr. Donnie Smith vote No.
Motion Passes 6-4.
Mr. Mayor: Madam Clerk next agenda item, please.
The Clerk:
ADMINISTRATIVE SERVICES
22. Approve an ordinance to amend the Augusta, GA Code Title One Chapter Ten Article
Nine Section 1-10-88 relating to Protestor Rights to be heard by the Board of
Commissioners; to repeal all code Sections and Ordinances and Parts of Code Sections and
34
Ordinances in conflict herewith; to provide an effective date and for other purposes. (No
recommendation from Administrative Services Committee October 28, 2013)
Mr. Mayor: Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Administrator, can we actually only come
back instead of doing this whole 594 acres? We already know the parcels or property ---
Mr. Mayor: This is 22.
Mr. Guilfoyle: Oh, I am so sorry.
Mr. Mayor: That’s okay.
Mr. Guilfoyle: Mr. Administrator, I apologize.
Mr. Mayor: No, but get ready.
Mr. Guilfoyle: I had to put a little humor in there.
Mr. Mayor: Get ready. Okay, Mr. MacKenzie, did you? Is this?
Mr. MacKenzie: This one I guess didn’t pass the committee level so it wasn’t on the
consent agenda. In a nutshell this is an amendment to address a court order which raised some
concerns with respect to the due process rights of protestors in the Procurement Protest Context.
In a nutshell what was added is Subsection C on Exhibit B. And what that does it outline the
procedure for a protestor to get themselves on the delegation or to be heard before the entire
Commission body. But it adds that to the Procurement Code so it lets them know that they have
the opportunity to speak before the entire Commission before a decision is made on a protest. So
that section’s added to address the concerns raised in that order.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. At this time I don’t concur with the counsel’s
recommendation for the simple reason I do believe this was all brought about because of the
protest with Blue Cross and Blue Shield and Meritain. If we still have litigation that’s pending I
would recommend to this body that we don’t change the policy in the middle of the stream. We
wait until this particular litigation is completed and then come back because it kind of smells of
what Commissioner Mason said. It doesn’t pass the smell test because it’s so obvious what
we’re doing. And I would hope that we would wait until that litigation has been taken care of
and then come back and approve this.
Mr. Mayor: Okay, Commissioner Mason then Commissioner Guilfoyle.
Mr. Mason: Well, before I say what I was going to say, Mr. Mayor, was there a question
there? Was there a, were you requiring a response from somebody or?
35
Mr. Lockett: That was a statement.
Mr. Mason: That was a statement? Okay, I guess I need to understand because maybe
I’m confused. This gives companies the right to protest or are we taking the right away. What
are we doing here exactly and what prompted the need for a change?
Mr. MacKenzie: Sure I’d be happy to address that. To clarify this is a direct result of a
court order that was issued in the Meritain litigation where there was a protestor which was
Meritain that challenged the Commission’s decision in that case. And also part of the court’s
order in that case was for was some concerns being expressed which respect to the due process
rights of protestors in general under our current code. This was specifically designed to address
the concerns that were raised by that court order. And what it does is it just mirrors the existing
process that’s already there. It makes no changes to the process that’s there with respect to how
a protestor protests any procurement project. It leaves intact the current procedure where they
would go before the Administrative Services Committee. There would be a recording of that.
That would give them equal amount of time to make decisions or for the committee to hear the
evidence at that point. The only difference now is it would allow them also to have the right to
know in the procurement context they can go before the full Commission body to make their
concerns known as well. It mirrors the process that’s already in place for them to do that under
the delegation procedure which is to make a request of the Clerk’s office before the deadline to
be able to speak before the full Commission. Just adds that piece in to the Procurement Section
to address those concerns that were raised by the court in that order.
Mr. Mason: All right so if I could finish, Mr. Mayor ---
Mr. Mayor: Yes.
Mr. Mason: --- to follow up here. So correct me if I’m wrong what I’m hearing you say
you added another layer potentially that is protection of the potential offer to get redress of a
protest situation?
Mr. MacKenzie: It clarifies the right they already have. Already a protestor could put
their name of the delegation and they can come and speak before the whole body. But it adds
that procedure into the Procurement process as well so any protestor wouldn’t have to go and
read the Commission rules to know how they can speak before the full Commission on the
protest.
Mr. Mason: So right now they would come under, they could do it under being a
delegation on the agenda. This way they have the right to come directly before the board as a
regular agenda item is what I’m hearing?
Mr. MacKenzie: It would already come before the body as a regular agenda item. As
you know now the current procedure is if it is on the consent agenda then the whole full body
would not necessarily hear that item.
36
Mr. Mason: Which, was a problem that the judge cited ---
Mr. MacKenzie: Yes.
Mr. Mason: --- because in essence we did not give them an opportunity to be heard.
Right?
Mr. MacKenzie: And of course we did argue in our cases and you know there may be an
appeal in that case but we argued that they did have that right because there is they could’ve put
themselves on as a delegation. But this correction was made to show the protestors how to do
that, how to get on as a delegation basically to have their ability to speak to the whole
Commission in the Procurement Code so they didn’t have to know about that from some other
source.
Mr. Mason: So it further strengthens their ability to address a protest situation.
Mr. MacKenzie: Yes, it allows them to know their full rights with respect to speaking to
the full body which they already have but it spells it out in procurement codes.
Mr. Mason: I wanted to make sure we were all clear.
Mr. Mayor: Commissioner Williams and then Commissioner Guilfoyle.
Mr. Williams: Thank you, Mr. Mayor. I think I got it cleared up when as the Attorney
was speaking because I was wondering why we was doing another process that we had a process
for. But he explained that there was make it easier, yeah he clarified it for me so I’m good.
Mr. Mayor: Okay. Commissioner Guilfoyle.
Mr. Guilfoyle: Motion to approve.
Mr. Mason: Second.
Mr. Mayor: We have motion that’s been properly seconded. Commissioners will now
vote by the usual sign.
Mr. Fennoy votes No.
Motion Passes 9-1.
Mr. Mayor: Madam Clerk, on to the next agenda item, please.
The Clerk:
FINANCE
23. Motion to designate Urban Redevelopment Area, receive proposed Augusta Downtown
Redevelopment Plan, authorize a public hearing on the Redevelopment Plan and to appoint
37
members to the Urban Redevelopment Agency of Augusta. (No recommendation from
Finance Committee October 28, 2013)
Mr. Mayor: Okay Commissioner Guilfoyle.
Mr. Guilfoyle: Right agenda. Mr. Plunkett, I guess you’ll be the one that’s because
you’re the author of this.
Mr. Plunkett: Possibly sir.
Mr. Guilfoyle: Yes, sir. Thank you for being here, Jim. Jim, with the 594 acres we’re
fixing to designate as the URA why don’t we just you, the Administrator, Augusta Tomorrow
with all the developments we’re having including this building this block we’re sitting on why
don’t we focus on that area, these different areas and carve out the necessary instead of imposing
the URA onto the private citizens the backbone of downtown.
Mr. Plunkett: Mr. Guilfoyle, the ideas was a recommendation ---
Mr. Guilfoyle: Right.
Mr. Plunkett: --- so we could do this process once. Not knowing where development
may come forward in the future you certainly could redefine the Urban Redevelopment Area that
you wanted to. It could be this building it could be this building and a few other blocks. You
could actually have a single plan that would address multiple areas so you could address this
block as an area and the Depot site as another area. You can kind of cafeteria it as you wanted
to. The recommendation was in light of the tax allocation district to have them you know the
same areas. But certainly you can redefine that however you see fit. And so I’m happy to
redefine the plan you know redraft it on an area that ya’ll designate. Again from the process it is
an action of this body to designate an area then there’s a plan submitted to this body that’s
available for public review and then there’s a hearing. It kind of had a quayside hearing but
there’s actually an official hearing and then after that hearing is when the body would adopt the
plan. So you designate an area or areas that you think need redevelopment. That’s the step
today that we’re asking for.
Mr. Guilfoyle: All right so we’ve got John Shields’ plans the 20 year plans we got
Augusta Tomorrow we got the DDA we got Matt the collaboration effort and I guess Fred’s ---
Mr. Plunkett: Yes, sir. The Shields’ plan was predominantly a great deal of downtown.
That was one of the jumping off points for this was to try to be able to implement some of the
Shield’s issues. Obviously the DDA has a larger area than the area we talked about in this initial
area. It really is a matter for this body to designate the parcels for lack of better words where
you think this would be a useful tool. The recommendation was to allow you to have flexibility
in the future. If we want to be more pinpointed that’s certainly fine. We can just do this building
so we can move forward with the renovation. I know that Matt has suggested a few other areas
that might be useful the Depot site, 600 Broad Street, Port Royale Site. If you said, Jim, let’s do
those areas as the redevelopment areas then that’s what we would do we’d bring back ---
38
Mr. Guilfoyle: Naturally I cannot speak for this body. I would like to see if the members
would agree so we don’t, there’s no rush in doing this. This URA is there a time limit?
Mr. Plunkett: Well, the issue is is that and I think ---
Mr. Russell: Yes ---
Mr. Plunkett: --- Mr. Williams or, the building has to be paid for. So that’s the rush, yes
sir.
Mr. Guilfoyle: Okay.
Mr. Mayor: Mr. Guilfoyle, you still have the floor do you want to ---
Mr. Guilfoyle: Yes, sir.
Mr. Mayor: --- and then I’ll get to and I saw Mr. Russell and then I saw Mr. Lockett.
Mr. Guilfoyle: I would like to see this recorded and voted on today as we’ll see on the
drawing board on what areas that you’re going to carve out what we’re going to redo, fix up
instead of hitting the entire 594 acres. I don’t know if I have the support of my colleagues or
what but ---
Mr. Mayor: Okay, Mr. Russell and I’ll come to Mr. Lockett.
Mr. Russell: Yeah, Mr. Mayor and members of the Commission, obviously when we
made the initial proposal we were trying to look a little bit further down the line than I feel like
we were ready to and I probably overstepped in that. And we’ll take full responsibility for that
decision. Based on the conversations we’ve had in the past over the past couple weeks we are
beginning that process. There will be a public hearing and all we’re today is basically asking
you to start that process. I’m more than willing to reduce the scope of what I proposed. That
was just a proposal. So if it’s the will of this body to reduce that to just this particular block I
would suggest that there’s several other places that we need to include, one of which would be
the former Discovery property as mentioned by Fort Discovery property as mentioned by Matt in
the email that you should’ve received. Potentially we’ve had conversations with the Chairman
of the Coliseum Authority and they’d like to include that area. In addition to that I think that we
could probably benefit by including our property as the Pension and Depot property in those
particular areas. That would give us a start. There will be a public hearing in which we would
ask for public input. There would be an opportunity to review the input after that before you
finally vote on that. But this would be the first step in that process to get us to the public. Actual
formal public hearing with some areas designated to take advantage of this funding stream or
potential funding stream for new development and savings for this particular process by using
nontaxable bonds in this particular area. So that would be what we would ask of you today to
designate those specific areas that we either have control over or some knowledge of potential
development in and then have the public hearing and come with that and move forward with
39
those so we can go ahead and start the bonding process for this particular area. And that’s all it
is at the moment is a beginning step to that process.
Mr. Mayor: Okay Commissioner Lockett, Commissioner Mason then Commissioner
Fennoy.
Mr. Lockett: Thank you, Mr. Chairman. You know it’d be real nice had we done this
from the get go. It would’ve save lots of headaches. Mr. Plunkett, I want to make sure I
understood you. The official Code of Georgia annotated 36-61-1 there is a process that should
be utilized the way I interpret it. It says the first thing you should do in a draft urban
redevelopment plan.
Mr. Plunkett: The steps are to designate the area then to adopt a plan for that area.
Mr. Lockett: Okay, now we’re missing something here. I think that this in a sequence
that this Official Code of Georgia annotated reflects. It says draft an Urban Redevelopment
Plan. Once that’s done it says hold a public hearing.
Mr. Plunkett: Yes, sir.
Mr. Lockett: Then after that it says adopt a plan.
Mr. Plunkett: Yes, sir but you have to have a designated area for the plan to be for. So
you designate the area first then you create a plan, it’s drafted and then you have a hearing on the
plan. And then this body votes to approve or not approve that plan for that area.
Mr. Lockett: Okay. Now another thing I’d like to say. We’re talking about a public
hearing. We also need to have a hearing where this governing body is apprised of what’s going
on before we read it in the media. I’m not you are standing up but I’m talking to everyone that’s
involved. You know I’ve been told too many times, well you know I can’t share this information
with you but eventually you want me to vote on it. So I want to know what’s going on and not
after the fact. So having a public hearing is good but I want to have a Commission hearing also
so that Bill Lockett and his colleagues will be aware of what’s going on. We need to know the
long range plan. We don’t need you to put something out here that you all are planning on doing
next week or next month. We need to know what the long range plans are. If you say you want
the Fort Discovery building or if you say you want something on the other side of town we need
to know why you want it. We need to know what the big picture is going to look like. And ---
Mr. Mayor: I’ll give you another two.
Mr. Lockett: Thank you, Mr. Chairman. And we’ve been deprived of that. And like I
say I’m not just talking to you, Mr. Plunkett. I’m talking to the Administrator, the Mayor to
anybody out there that wants to listen. We need to know and I think if you all keep us informed
we’ll be a heck of a lot easier to work with up here. I know I’ll be a lot easier to work with.
Thank you Mr. Chairman. Mr. Plunkett, thank you.
40
Mr. Mayor: Thank you, sir. Mr. Mason and then Commissioner Fennoy.
Mr. Mason: Thank you, Mr. Mayor. Well, let me say this. I will support it in some
capacity. Now I’ll outline it here in just a second how I would support this designation. I cannot
support a designation that says slum period so we haven’t talked about that piece yet so that’s
one thing that’s got to be clear and what verbiage can be acceptable in order for us to make this
happen first and foremost. Five-hundred some odd acres is not going to happen. We’ve heard
very clearly we’ve had some time to think about that. We’ve heard from our business owners
and so forth and right now that’s counterproductive to do that much. I do believe that we ought
to be thinking outside of the box futuristically on some things that we need to do to help develop
this city. And we should be doing that as leaders and visionaries. That amount of acreage is
probably not something that you’re going to get enough votes on to pass here at this particular
time. If we’re going to say money on this building I just hate the fact that this had been talked
about internally many, many months ago as you admitted to you know in previous sessions but
this Commission didn’t know anything about it so we we kind of got slapped in the face with it.
That’s not a good thing to be slapped in the face, Jim. I can tell you that right now, it doesn’t
feel good. And then at the end of the day we’re the decision makers so we’re the ones who take
all the blame and we don’t get much credit or much of anything so it just kind of goes with the
territory. So that slum designation is something I haven’t heard you talk about so we got to
discuss that and determine what verbiage will actually go in there. Secondly, though, I’m going
to ask you what other areas within the city as a county as a whole could this URA work in?
Mr. Plunkett: It currently works in, well, can I ask? I’ve redrafted a resolution to
eliminate that now four letter word from the resolution so that it’s not, it’s not in there is
incorporated by reference. So that’s been revised and I would be happy to distribute that out if
that’s what the body would like. Currently the URA works in the Laney/Walker Bethlehem area.
That’s one of the areas. It is not I would have to check outside of the, it’s typical for a central
business area with a consolidated government probably to expand that. It would be a matter of
this body determining areas that are in need of redevelopment. Blight is probably the most
generic word that you could use. You know you could probably use the Deans Bridge/Gordon
Highway corridor might be an area. Regency Mall might be an area that would be subject to
that. You know, I’m not possibly, some of the strip centers that have gone their life expectancy.
Again the last time we met I told Mr. Lockett if he had an idea or anyone else I’d be more than
happy to kind of make sure that those areas would fit the definition. Urban Redevelopment
being an urban term you would tend to think downtown but we probably with consolidated
government be able to expand beyond that area.
Mr. Mason: And that’s the reason why I asked that question because at some point and I
know you did ask us as Commissioners to come up with some ideas but we didn’t come up with
this idea. So and I’m not putting that towards you necessarily but the City Administrator’s
sitting there he’s looking at me knows who I’m talking to.
Mr. Mayor: I’ll give you another two.
Mr. Mason: Thank you, Mr. Mayor. And so we’ve got to start thinking outside of just
downtown, downtown as you’re driver I’m going to support it as much as I can. But we’ve got
41
to start thinking. We’ve got another whole half of the city that wants to see some things out in
the other areas as well. That’s just not talking about downtown and helps us as Commissioners
support things because the first thing we hear how come we don’t have anything out here and
how come we’re not thinking of ideas for this side of town east or the south side of town. So
we’ve got to, Mr. Administrator, and so forth as we’re putting these things together we didn’t
assist you on this one. We need you to start looking at doing some other things too in other areas
so that we can feel better about supporting these types of things as well. And I do fully
understand, Mr. Mayor, that downtown is your driver. I’m going to support it within the limits
that we can but that’s something that has to happen sooner, rather sooner than later. We got a
huge population out there that is really getting kind of fed up with us not addressing other areas
other than downtown. And let me just say this that sustainable development situation because
I’m the one that brought that out several years ago which was supposed to start off as a South
Augusta Redevelopment Authority. And the only thing that we did we basically concentrated on
downtown by the time that thing was watered down. So I’m just talking just to be talking. We
have some historical data shows us we start talking about other areas and by the time it’s all
carved out it comes right back to the same area. So we’ve got to work on that. Thank you.
Mr. Mayor: Commissioner Williams. Oh excuse me, Commissioner Fennoy, were you
next?
Mr. Fennoy: Yes, Mr. Plunkett.
Mr. Plunkett: Yes, sir.
Mr. Fennoy: How would it benefit 500 plus acres? I mean what would be the best
benefit if we designate that a slum area but the only place it’s going to be getting funds is the
Municipal Building? So what would the benefit be to the other areas?
Mr. Plunkett: Mr. Fennoy, last year in December the body directed us to move forward
with a tax allocation district for the same 500 acres. So the idea was that if a project came forth
and it had both public and private development ideas together that a traditional downtown
development or development authority could not issue debt if debt is supposed to be done. Then
you would have the flexibility of having the URA also a tool to be used. At that time that we
came up with this idea to make them the same layers that there wasn’t other projects involved.
Since this time Matt and I apologize I can’t pronounce his last name. Matt K. is how I refer to
him he suggested that Port Royal may be something. So there was not idea that Port Royal was
an idea beforehand it’s something that’s developed since then. I don’t know if 600 Broad Street
the old chamber building may be something. It could be the Depot site. You know the Depot
site if someone came in and said they wanted to bridge the railroad for pedestrian purposes they
wanted to put a public parking deck in there and they wanted to put a public safety substation.
Those are things that arguably the Downtown Development Authority could not issue debt for.
But the URA either by itself or in connection with the DDA could issue debt if necessary for that
global purpose. I’m not a great crystal ball. I don’t know where the development areas may
th
develop. I don’t know if it’s going to be a Walton Way or 15 at you know at well I think it’s
Wall Street but the idea was to give you the opportunity. Clearly we overstepped, clearly we
should have discussed this in advance. I take some responsibility in that. It was a
42
recommendation. And if the body feels that that’s biting off more than we should have at this
time we can certainly retract back to a single parcel, single block three or four parcels and if the
proof is in the pudding and we do a good job then we can revisit this and create another Urban
Redevelopment Area. This isn’t a onetime and only once now. We’re successful here you can
do it again. It was just to try to make you some economy’s are scale and not have to go through
this process more than once. That was maybe a bad idea in retrospect.
Mr. Fennoy: And some of, the feedback that I got from the downtown merchants is that
it was about the URA board. And the fact that you’re talking about decisions that’s going to
affect us and that there are no members of business owners of property owners downtown and
they’re going to be making decisions concerning them. I guess one of my concerns is and I’ve
said it before is that what are the duties and responsibilities of that board. Can that board you say
issue a debt and how do we, how do we go about and what’s the status of the existing URA
board that dealt with the Laney Walker/Bethlehem project?
Mr. Plunkett: I’ll try to hopefully get all your questions ---
Mr. Fennoy: All right.
Mr. Plunkett: If you look at the Laney Walker idea is the primary example for Augusta.
The URA board is a conduit for issuing debt for a project. Augusta granted the authorities the
powers to the URA and then it contracted back to Augusta to implement that plan. So the URA
board in that stance and then the Municipal Building would have very, very little involvement
because you were actually contracting back to Augusta in order to do the project. If you were to
do another project again the Depot site that organization may contract with the DDA to
implement it. It could be the ARC it could be Augusta HCD. The URA board can be as active
or it’s really inactive as this body sees fit. The membership currently is in existence. They serve
to their successors or appointed. We have discussed that you could change the number in the
board and the membership of the board. You know it could be the ten members of the
Commission. I personally don’t recommend that because this body would be contracting with
itself. You could go such as to have five members of this board and the Commission. That’s a
little bit different. You could have three members of this board and two members at large. Just
kind of, we can reconfigure in this wisdom of this body. I think that addressed all your
questions. If I missed one please let me know and I’ll try to re-respond to that.
Mr. Fennoy: (inaudible).
Mr. Plunkett: Thank you, sir.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. Then this dialogue we’re having now I’m just
kind of disappointed. We had been talking like this earlier. You mentioned about you can come
back and add to it if we need to. When the 500 acres come out and the four letter word come out
and people start to acting all strange. And here we are now we are the ones who’s got to make
the decisions but we are not the ones who come into a room and say, I talk to my colleagues all
43
the time about we ought to be the ones to make the train move or get the cars moved. You know,
some people would say a car cannot move without an engine or the transmission or the end. But
if you ain’t got no wheels on it I mean you can move it if you got the wheels on it but it might
not go far but you can move it. But the transmission is not going to make it move and the engine
don’t make it move but you got to have the wheels. And since we are the wheels I’m wondering
why we had not sit down and had an honest conversation. You’re talking about the board and
who’s going to be on the board and the authority. I got a problem with giving up the authority to
anybody that we were elected to have. Like it or not there was enough votes to put us up here so
we ought to be the ones with the authority. When you give that to somebody else but the
responsibility falls back onto us I’ve got a problem with that. I mean that really makes me
uncomfortable when we got to answer to the people but we let somebody else make the
decisions. We’ve been talking about economic development and redevelopment for a long time.
We’ve done some different projects out there. I’m just listening and I got a lot of information on
what you just said. I’m glad we can do it without using the word slum in it. I’m glad that we
can add to it as we need to. And we should’ve started off small when we was talking about this
building. I it wasn’t just me was under the impression that we had the money we needed to do
what we needed for this building. And it come up where we don’t have the money we needed to
this ---
Mr. Mayor: I’ll give you another two.
Mr. Williams: Yeah (inaudible) if I’m going to need three, Mr. Mayor, but I need to hear
something where we can, we ought to be talking. I mean this body ought to be the ones in room.
We ought to be appointing those not just board members but those projects and those things. I
said it earlier, Mr. Mason, when the 911 he was here about economic development. So when it
comes to monies this body here ought to be the ones to sit down in the room before anybody else
sits down. And we ought to know what’s going to be coming down and what’s not going to be
coming down but I learned a lot. I don’t have no other questions you want to comment on.
Mr. Plunkett: If I may. Mr. Williams, I’ve learned a lot as well as the processes.
Initially my thought was that you could put it on the committee’s agenda for discussion and
maybe should have started off as a workshop. I’m not sure how you get it to this body to
discuss. I was in the committee process and that’s probably my fault. As far designating others,
giving powers away that was the act of this body in 2010. So it’s not asking to do something
different.
Mr. Williams: I’m going to have to disagree with you now this ain’t our free
(unintelligible).
Mr. Plunkett: No, sir.
Mr. Williams: Me and you we go eight years back.
Mr. Plunkett: We’ve gone back many years.
44
Mr. Williams: Okay, through the years you know this government and how this
government operates and how this government performs. Now the committee process is what
we do we put stuff on the committee but each Commissioner don’t sit on the same committee.
Some of leave some of us don’t show up some of us are not here. It should have been an
initiation where this is something that we’re going to be talking about and we’ll have a workshop
or well have a meeting or whatever we’re going to do. Now I disagree with you when you say
you know you didn’t know. I mean you’ve been at every meeting I was here almost so I learned
it and I’m sure you did. So I think we know now which way to go with it. How we need to go I
think we need to include everybody and bring it about the table. There’s too many groups.
Mr. Plunkett: Duly noted.
Mr. Williams: Too many groups meeting and wanting to run the government but then
they want to bring them in here for us to vote on it. And we don’t know nothing about it so
that’s neither here nor there but we know what the process is now. In case we missed it we know
what the process is now.
Mr. Mayor: Commissioner Mason.
Mr. Mason:
Thank you, Mr. Mayor. Let me try to rustle out something we may be able
to agree to. I’m in agreement with Mr. Williams because URA piece is probably not something
in terms of the board members. That may be a discussion for another day in my mind because
we’re just not there yet. At least I’m not there okay? Now the designation of certain areas which
does include the Municipal Building and any of our governmental building of course I think the
James Brown Arena and the Bell Auditorium definitely need to be in there. There’s no two ways
about it because we need to look at doing something appropriate with that. That pension
property is getting on my nerves. It’s been sitting there in the Depot there it’s been sitting there
and we haven’t been able to do anything with it. If we can create some way to enhance it I think
we ought to be doing that. The Fort Discovery as well I believe is a good piece of that. We
talked about the old library and so forth and the, what is it the building in the middle of the street
there the old chambers. And that would be it in my mind. We wouldn’t do anything else other
than that and we need to hold some immediate public hearings to address those issues. And of
course without question that plan that we see right now that’s in the book that needs to be
rewritten to encompass those types of things so that when we have this meeting that we’re
addressing those specifics. There’s too much going on right here in this motion. I can’t even
talk about the appointment of members yet. We’re not clear on that. At least it doesn’t appear
But short of that I can present that as a motion at this particular
like we’re clear on that.
time.
Mr. Mayor: To approve those areas.
To approve those areas, have that public hearing, get that plan
Mr. Mason:
rewritten and insure that we are not encompassing 599 acres or how many ever acres it is
of downtownproperty
unnecessarily at this point. Those ones that I pointed out let’s have
some legitimate reasons for us to be able to look at those and bring some economic development
and growth in there. I think those are no brainers ---
45
Ms. Davis: I’ll second that.
Mr. Mason: --- from that point of view.
Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioner
Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I’d like to ask the maker of the motion did he
purposely not include the IT Building?
Mr. Mason: No, I said the no, no, no I definitely want to include IT but I said Municipal
Building and its associated governmental buildings that go with that.
Mr. Russell: This block.
Mr. Mason: Yes, all of our governmental buildings. Our governmental buildings not
getting into the business owners, the private business owners. Absolutely.
Mr. Lockett: All right. Thank you.
Mr. Russell: If I could.
Mr. Mayor: Mr. Russell.
Mr. Russell: If you include this block that would be helpful.
Mr. Mason: Now when you say this block, who does that impact?
Mr. Russell: It impacts all our government buildings and the lot on the corner.
Mr. Mason: And no residences.
Mr. Russell: It’s currently owned by an individual who is living there but we have had
some discussions.
Mr. Williams: I’ve got no problem with that ---
Mr. Mayor: Okay.
Mr. Mason: I wanted to make that we’re, the maker of the motion left that piece out now
about the board now.
Mr. Mayor: The motion does not include the board. And might I also add that the maker
of motion to reflect that this does not use the aforementioned term in the designation.
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Mr. Mason: Well, that would be very clear otherwise otherwise we can just take the
motion off the table. This absolutely does not include the designation of slum in any way shape
of form ---
Mr. Mayor: It references the code, correct?
Mr. Plunkett: Yes, I can actually show you all.
Mr. Mayor: Okay, is everybody good with that? Okay. Mr. Plunkett?
Mr. Plunkett: Where previously it had some more offensive language it says one or more
urban development plans fit within the definition of O.C.G. 36-61-218.
Mr. Mayor: Okay.
Mr. Plunkett: There is no words in there that we discussed earlier.
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. Fennoy, Mr. Johnson, Ms. Davis, Mr. Mason, Mr. Lockett, Mr. D. Smith, Mr.
Williams and Mr. G. Smith vote Yes.
Mr. Jackson and Mr. Guilfoyle out.
Motion Passes 8-0.
Mr. Mayor: And that disposes of the final agenda item but I will recognize
Commissioner Lockett before we close.
ADDENDUM
29. Motion to approve the preparation of a Resolution honoring veterans. (Requested by
Commissioner Lockett)
Mr. Lockett:
Thank you, Mr. Chairman. I don’t know if I can do this or not but I would
. I wanted to make a motion that you the
like to, I was remiss when I was on the Veterans Part
Mayor you have your office prepare a resolution honoring all veterans on this Veterans
Day and make it a part of the record.
Mr. Mayor: We have a motion. Is there a second on that?
Mr. Mason: Second.
Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now
vote by the usual sign. Do you want a resolution or a proclamation? Okay resolution’s fine.
Mr. Lockett: The Administrator said that’s fine so that’s fine with me.
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Mr. Jackson and Mr. Guilfoyle out.
Motion Passes 8-0.
Mr. Lockett: Thank you, Mr. Chairman, I appreciate that.
Mr. Mayor: Yes, sir, happy to do it. And, Commissioner Fennoy, you wanted to make a
comment before we close?
Mr. Fennoy: Yes, Saturday I had an opportunity to go out to Diamond Lakes where the
city had Family and Friends Day. And I’m not sure who was responsible for that but whoever
put that together they did an excellent job. I saw a lot of city employees out there with the
children their wives and their cousins and everybody seemed to have a good time. I saw softball
games between the Sheriff’s Department and the IT and I’m proposing that if you all have it next
year then the Commissioners will be willing to put together a softball team and challenge
anybody.
Mr. Mayor: Amen, amen! Mr. Russell.
Mr. Russell: The HR Department is the one that put that together and I’m sure that our
risk management people would have trouble giving you all bats. But we’ll talk about that later.
Mr. Mayor: Okay, thank you. With no further business to come before the body we
stand adjourned.
[MEETING ADJOURNED]
Nancy Morawski
Deputy Clerk of Commission
CERTIFICATION:
I, Lena Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of
the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
November 5, 2013.
______________________________
Clerk of Commission
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