HomeMy WebLinkAboutRegular Commission Meeting June 26, 2014
REGULAR MEETING COMMISSION CHAMBER
JUNE 26, 2014
Augusta Richmond County Commission convened at 2:00 p.m., June 26, 2013, the Hon.
Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Mason, Williams, Fennoy, Johnson, Davis and G.
Smith, members of Augusta Richmond County Commission.
Absent: Hons. D. Smith and Jackson, members of Augusta Richmond County
Commission.
The invocation was given by the Reverend Ed Rees, Pastor, St. Andrew Presbyterian
Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: --- the USA did lose to Germany one to nothing but they did advance. So
they move on. And with that I’ll call the meeting to order. And I’d like to call on Reverend Ed
Rees, Pastor St. Andrew Presbyterian Church for our invocation. Please stand. Please join me in
the Pledge. And Reverend if you could please come forward I have something for you. And just
wanted to say thank you for those words of wisdom and that wonderful invocation. Thank you,
sir. Office of the Mayor. By the present be it known that Reverend Edward C. Rees, Pastor, St.
Andrew Presbyterian Church is Chaplain of the Day. For his civic and spiritual guidance
demonstrated thought the communities. Serves as an example for all of the faith community.
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Given under my hand this 26 Day of June 2014. Deke Copenhaver, Mayor. (APPLAUSE)
Mr. Mayor: Madam Clerk, on the delegations please, ma’am.
The Clerk:
DELEGATIONS
A. Mr. & Mrs. Willie (Betty) Williams regarding Solid Waste charge on property where
there is no house for household waste.
The Clerk: Ms. Williams. Mr. Willie Williams or Ms. Betty Williams are you in the
chamber? Okay.
(Mr. and Mrs. Williams did not appear before the Commission).
Mr. Mayor: Okay, Madam Clerk, and on I believe we’ve got some additions to the
agenda.
The Clerk: Yes, sir. Our Addendum Agenda consists of items 1-4. Congratulations
regarding Commissioner Bill Lockett a delegation regarding Augusta Animal Services and
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ordinance to amend Animal Control. Item 4 to ratify Augusta Richmond County Legislative
Delegation Appointments.
Mr. Mayor: Do we have unanimous consent to add these agenda items? Okay. First
let’s go to the consent agenda, Madam Clerk ---
The Clerk: Okay.
Mr. Mayor: --- not that there’s much of one.
The Clerk: Our consent agenda consists of Item 1.
Mr. Mayor: Do we have any additions to the consent agenda? Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I would like to add agenda items 4 and 5.
Mr. Mayor: Do we have any further, Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mr. Mayor. Madam Clerk, can we consent items number 9,
10, 11 and 12 if my colleagues don’t have an issue with any of them?
Mr. Mayor: Okay, do we have any further additions to the consent agenda?
Commissioner Fennoy.
Mr. Fennoy: Item number 13.
Mr. Williams: I’ve got some discussion to do with thirteen I think, the update.
Mr. Mayor: Okay. Commissioner Johnson.
Mr. Johnson: Thank you, Mr. Mayor. If we can send item 6 and item 8 back to
committee I would like to do that if we have unanimous consent to do that, add it to the consent
to send it back to committee.
Mr. Mayor: Okay, is everybody okay with that? Okay. Commissioner Williams.
Mr. Williams: I’d like to add item 2 to the consent agenda if we could, Mr. Mayor.
Mr. Mayor: Okay.
The Clerk: Do we have any objectors to the Planning Petition regarding the Special
Exception for a Personal Care Home at 3307 Emerson Drive in the chamber? Are there any
objectors, yes, ma’am? We have one objector.
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Mr. Mayor: Okay. Do we have any further additions to the consent agenda? And I don’t
think anybody’s going to pull the one agenda item. Can I get a motion to approve the consent
agenda?
Mr. Mason: So moved.
Mr. Johnson: Second.
CONSENT AGENDA
PETITIONS AND COMMUNICATIONS
1. Motion to approve the minutes of the regular and Special Called/Legal Commission
meeting held June 17, 2014.
ADMINISTRATIVE SERVICES
4. Approve Year 2014 Amended Action Plan for Community Development Block Grant
(CDBG) Program, Home Investment Partnerships (HOME) Program, Emergency
Solutions Grant (ESG) Program.
5. Approve Year 2014 Revised Annual Action Plan for HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS PROGRAM.
6. Approve recommendations from Procurement Department regarding a path forward
concerning the implementation of the Disparity Study.
FINANCE
9. Approve the replacement of one pickup truck for the Animal Services Department.
10. Approve the replacement of 1 vehicle for the Augusta Management Department.
ENGINEERING SERVICES
11. Approve and authorize the Engineering Department (AED) to purchase up to 3,161
stream mitigation credits at a total cost of $178,596.50 ($56.50 per mitigation credit) from
the Bath Branch Augusta, LLC (Bath Branch Mitigation Bank), 8.7 wetland mitigation
credits at a total cost of $69,600.00 ($8,000 per credit) from the AA Shaw, LLC to mitigate
stream & wetlands impacts as determined necessary by the US Army Corp of Engineers in
regards to the Windsor Spring Road Improvements Project from SR 88 in Hephzibah to
Willis Foreman Rd (Phase V) 323-04-299823786 and from Willis Foreman Road to
Tobacco Road (Phase IV) 323-04-299823766. Funding is available through Engineering
SPLOST III Fund Recapture.
ADMINISTRATOR
12. Approve a request for funding in the amount of $25,000 from the Arts Council for the
2014 Arts in the Hearts Festival.
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioners
will now vote by the usual sign.
Motion Passes 8-0. [Items 1, 4-6, 9-12]
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Mr. Mayor: Thank you, ma’am. Let’s go to the additions to the agenda.
ADDENDUM
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18. Congratulations! Commissioner Bill Lockett on being elected 2 Vice President of the
Georgia Municipal Seventh District during the 2014 Annual Meeting held in Savannah, GA
and receiving the distinguished Certificate of Distinction training certificate.
The Clerk: First item. Mr. Lockett, would you please join the Mayor down front here?
At this time we’d like to offer our congratulations to Commissioner Bill Lockett on being elected
the Second Vice President of the Georgia Municipal Association, District 7 during the 2014
annual meeting held in Savannah and receiving the prestigious and distinguished Certificate of
Distinction Training Certificate. (APPLAUSE) We’d like to share the inscription. The
University of Georgia and the Georgia Municipal Association hereby certifies that Bill Lockett
has satisfactorily completed the Harold F. Holtz Municipal Training Institute for Elected
Officials and met the requirements as prescribed by the Georgia Municipal Training Institute for
this Certification of Distinction 2014. Congratulations.
Mr. Lockett: And I would just like to say that I thank ya’ll for acknowledging me. But
you know this is extremely important because we’re here to do the people’s business and we
need to go out and get training. Not only classroom training but to network with others. I’ve
taken many classes with this organization and others and I can tell you every class that I take
there’s always something in that class that I can bring back. And I just came from a conference
in Savannah and I have all kinds of new ideas. Part of them we’ll present at the retreat
tomorrow. So don’t be too critical about us when we go for training because we go for a
purpose, it’s not for a vacation. It’s to learn and to come back to the community and implement
some of those things we learn. Thank you so much. (APPLAUSE)
The Clerk:
DELEGATION:
Next item is under Delegation, Ms. Jodi Pope regarding discussion regarding initiating
contractual agreements between Augusta Animal Services and local animal rescue groups
so that they can pull unaltered dogs and cats out of the facility.
The Clerk: Ms. Pope.
Mr. Mayor: Okay, if you could keep it to five minutes please, ma’am.
Ms. Barrett: My name is Lorna Barrett and I am coming here as a citizen of Richmond
County and that is concerned enough about animal welfare to ask for your help to make changes
in the way our county Animal Control facility handles the huge number of animals that are
presented to them. There are over two hundred dogs and cats out there right now and a volunteer
vet is spaying and neutering about a dozen or so a week and they can be adopted out. They can’t
keep up at this rate and more animals are coming in every day. The greatness of a nation and its
moral progress can be judged by the way animals are treated, Mahatma Ghandi was quoted as
saying. While we really appreciate that you voted unanimously to seek and hire a full time
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veterinarian for our Animal Services Department there is great need for utilizing the helping
hands of local animal rescue groups that are ready, willing and able to adopt or pull unaltered
animals, cats and dogs from the facility and guarantee in writing that they will be spayed or
neutered and vaccinated against rabies. Many counties in Georgia including our neighbor
Columbia County have created working agreements with reputable rescues to save taxpayer
dollars, get more companion animals adopted into good homes, increase their live release rates
and reduce the deaths in their shelters. Many feel that these agreements are much more valuable
and cost effective than even hiring a veterinarian. The life saving programs implemented at
Columbia County Animal Services are a shining example of good sheltering practices and of
what we can be doing. These contractual agreements can be customized and set up so that rescue
organizations can apply for them and can be asked to submit a copy of their rescue business
license and even their most recently filed 990 Tax papers. These documents can be verified to
establish a reputation of a rescue group. If the unaltered animal is not vetted and proof is not
returned to the department within the allotted time the rescue group could be taken off the list of
adopters and or reported to the Department of Agriculture and or fined. The truth is is there are
several very reputable rescue organizations that have offered to take unaltered animals to save
them from near certain death and their offers have been rejected. The arguments against using a
contract include low rates of compliance in the past. I’m sure of the details in how these
agreements were set up in the past but surely the ideas that I’ve listed here and more that other
people can submit would regulate the process and assure compliance. Doing something about
this is certainly better than doing what we’re doing now. Another argument used against the use
of contracts is the additional work it would cause employees at the facility. Though this would
necessitate tracking animals and their reproductive status the use of computer programs, faxes
and emails would make it fairly simple. Volunteers are glad to help with these procedures. At
some point in the future it might also be possible to create a fill a new position an adoption
coordinator that would handle this as well as network with rescues near and far to place more
animals, organize adoption events, coordinate volunteer activities and more. Perhaps it would be
more cost effective and more productive to hire an adoption coordinator and allow rescue groups
the opportunity to pull unaltered animals from the shelter rather than to hire a full time vet. In
summary what we’re asking for is for you to make this change, allow animal rescue groups to be
part of the solution to save the lives of more companion animals while saving tax payer dollars.
These contracts work in Columbia County and many other counties in the state of Georgia and
they can work for Richmond County too. Saving just one dog or cat won’t change the world but
surely it will change the world for that one dog or cat in increasing the save rate from the
reported rate of 30% like any percentage would be a bonus. I have also created a contract that
I’m going to leave a copy of that with you so that you can look at it. It is taken from the contract
that Columbia County uses. And Ms. Wilene Colvin with Stars Rescues would like to speak to
you.
Mr. Mayor: Okay, you have a minute and eight seconds left on the clock.
Ms. Colvin: Okay. I am with Save the Animals Rescue Society here in the local area.
We are a licensed rescue shelter, licensed by the state of Georgia. We’re also a 501C3 and a
state non-profit corporation. So we’ve gone to great lengths to be in compliance with the state
laws. We have never had any problems with the Department of Agriculture so we feel that, you
know, we are one of the ones that should be allowed to sign a contract and to be able to take
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unaltered animals if they’re young and not old enough to be altered. We’re not asking Animal
Control to be a rescue group. We know that they have their own place. They’re for public
safety, public health and so forth. I’m the rescue group. Let me work with you, let me work
with anybody that will allow us to do that. Spay and neuter is the real solution, I understand that.
I’m not naïve enough to think that we could possibly take out and adopt enough animals to make
a difference but we are trying. And there’s a place for us too. We just want to be able to do that.
I’m getting animals tomorrow from Columbia County. I’m getting animals Monday from
Americus, Georgia Animal Control I get animals from Murray County and Clayton County.
They’re still in the state of Georgia, you know, so ---
Mr. Mayor: Yes, ma’am.
Ms. Colvin: --- let’s work in our own county. I want my own county to work with us.
Mr. Mayor: Thank you, ma’am ---
Ms. Colvin: Thank you.
Mr. Mayor: --- and thank ya’ll for coming before us today. And thank you for your offer
to help. I’m all for it. Lord, I shared some information with you and Commissioner Lockett
made mention of the fact that we do learn things through GMA. Several years ago I helped start
a program called the Hub City Mayor’s Program which is all the midsized city Mayor’s through
the state working together to speak with one voice at the state level. But one of the programs
we’re working on is the Fixed Georgia Pets Program which this organization is a state wide
organization and it’s applying for a multi-million dollar grant from a national foundation with
those monies to be used distributed throughout the hub cities to help with our spay and neuter
programs. So I’m extremely excited about that but once again I think if we do have people
offering to help between now and then when we can increase our funding I think that’s
something that you know would be a very good thing for our community. Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. Um, to the two ladies who spoke over there first of
all, thank you. It just appears to me that I want to do something more than just hear you, I mean
you’ve had some great ideas, I don’t want this just to end up in File 13 like most of the receive as
information deals happen. So, Mr. Mayor, I don’t know if it’s appropriate but I certainly would
like to hear ---
The Clerk: Item number (inaudible).
Mr. Mason: Huh?
The Clerk: Item number three ---
Mr. Mason: There’s an item number three there that’s going to address this?
The Clerk: A companion item, yes, sir.
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Mr. Mason: Okay, then I’ll wait until that point then and address it at that time.
Mr. Mayor: Thank ya’ll so much for being here.
Mr. Mason: Is it number three?
The Clerk: On the addendum agenda.
Mr. Mason: On the addendum, okay.
The Clerk: Do you want to go there?
Mr. Mayor: Yes, let’s go there.
The Clerk:
ADDENDUM
16. An Ordinance to amend the Augusta, Georgia Code Title Four, Chapter One, Article
Two, Section 4-1-16 related to definitions; Section 4-1-19 related to collar and rabies
vaccination required tags; Section 4-1-27 related to cruelty to animals; Section 4-1-29
related to disposal of dead animals and fowl; Sections(s) 4-1-26 thru 4-1-50 reserved section
related to the creation of new Section 4-1-36 thru 4-1-46; to provide licensing and
sterilization of certain animals; and Section 4-1-53 related to impoundment of straying
livestock; to repeal all Code sections and Ordinances and parts of Code sections and
Ordinances in conflict herewith; to provide an effective date and for other purposes
provided herein.
Mr. Mayor: Mr. MacKenzie, do we have, would you like to speak to that ordinance or do
we have somebody that would?
Mr. MacKenzie: I believe the department could probably speak to it better than I could.
Ms. Broady: Commissioners, Mr. Mayor, we began working on changing the ordinances
in 2010, the latter part of 2010 and worked on it for several years. We involved the Advisory
Board to for another perspective. We were working on it from the enforcement perspective from
our side of the ordinances so we involved the Advisory Board for their, for the citizen
perspective. We got input and we sent forth the information and requested and received input
from the Legal Department to make sure that what we were doing was within the boundaries of
the law. So what we have submitted to you are the changes or additions to the current ordinance.
Basically the differences that we have listed are anti-tethering which the law recently changed to
not allow animal owners to tether their animals in the yard for an extended period of time. We
also addressed in the ordinances the say and neutering mandatory spaying and neutering of all
animals. This is something that is also being initiated across the country to help reduce the
number of animals that are breeding and that are producing litters. It also reduces the number of
animals that are brought into animals shelters. The licensing is another area that cities across the
state and across the county have added and licensing the benefits of that is it’s a way of tracking
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animals, making sure that animals are vaccinated against rabies annually. It’s a revenue source
but it also is a way of tracking the animal in the event it is stray comes into the shelter that’s
another method of tracking. Our animal software program that we’re using now will allow us to
track licensing so the cost of licensing to the shelter would be minimal. There will be an initial
startup where we are in putting all the vet information into the system tracking all the animals
but after that animals could be registered annually through our software program or online.
We’ve also mentioned in the ordinances animals that are transported on the back of vehicles.
That is a problem I’m sure we all see from time to time, dogs that are in the cabs of trucks this is
an unsecure and unsafe method of transporting animals. So what we are suggesting is that
animals be secured in the back of vehicles when they are being transported. Those are the basic
changes.
Mr. Mayor: Okay, Commissioner Mason first seeing as you withheld your questioning
until this agenda item and then I’ll recognize Commissioner Williams and then Commissioner
Guilfoyle.
Mr. Mason: Thank you Mr. Mayor. And, Ms. Broady, I heard those things that you said
I didn’t really unless I missed it I really didn’t hear anything addressing what the two ladies
spoke to in terms of, was there did you look at any way of incorporating any of those suggestions
or programs that they may have or do you see any, well let me ask you this first of all. Do you
see any value in what the two ladies brought forward in terms for Richmond County?
Ms. Broady: Commissioner Mason, yes, there is value in what they’re saying. The
problem with what they’re saying is that historically and even with the rescue group Ms. Colvin
stood up here and spoke has not tracked or given to us information of animals that she has pulled
from us and had altered. So the problem is that rescue groups are not consistently altering
animals and are not letting us know that they are being altered if they are doing that. So I have
no problem in working with them in fact we put together an agreement, sent it forward to the
Law Department, the law department looked at it and said this will not work because you cannot
have a agreement that only addresses rescue groups. What you do for rescue groups you’re
going to have to do for the citizens as well so I cannot allow rescue groups to come in and pull
animals unless I’m going to let John or Jane Doe Public to come in and do the same thing. The
law does not differentiate between rescue groups and private citizens.
Mr. Mason: Do you know if Columbia County has that type of agreement? Are you
familiar with Columbia County’s operations?
Ms. Broady: I am familiar with that. Columbia County is a much smaller county than
we are. They don’t take in the volume of animals that we take in so if they are tracking their
animals, they’ve got a lot less to track than we do. As far as the number of animals that
Columbia County takes in, we take in animals that come from Columbia County. When they get
full they close the door. They cannot allow any more animals to come in. We take animals from
Richmond County. We have animals that come in from Columbia County, Burke County, South
Carolina. We do not close the door. Any animal that is brought to the facility we take in.
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Mr. Mason: So my final question on that at least from this point is with this ordinance
that’s been brought forward do you feel that it adequately addresses the issues or the problems
that we have and if so well no let me rephrase that. If not what additional concerns do you have
is this does not address it adequately that we have in front of us? So I guess the first question do
you believe that this ordinance that’s in front of us adequately addresses the issues or the
problems that we’ve had in the past.
Ms. Broady: The ordinance Commissioner Mason doesn’t, there was no change in the
ordinance are far as the way we’re working with rescue groups. The Georgia Department of
Agriculture has said that animals leaving shelters should be altered or we issue into an agreement
with an agency to allow them to do that. Our position has been that they are not consistently
doing this. It has been said that I have refused to work with rescue groups. I have turned any
rescue group away. There has not been one that has come to the shelter and volunteered to help
us that I said no, leave, we’re not going to work with you. There’s on instance which a rescue
group came to pick up an animal that had an owner. That is the only time I refused to allow a
rescue group, Mrs. Colvin to take an animal that she arrived at the shelter to pick up. The owner
sat outside the gate for 45 minutes to an hour waiting for us to open. When we opened she came,
Ms. Colvin came in first and said I’m here to pick up this animal. The owners came in behind
her and I told her the owners are here to reclaim this pet. That is the one I’m giving the animal
back to. That is the only time I have refused a rescue group to take an animal. They were
reclaiming their pet. I did not see that as fair. I have been working following rules following the
law. That’s what I’m going to do unless I’m directed to do otherwise.
Mr. Mason: Thank you, Mr. Mayor.
Mr. Mayor: Commissioner Williams then Commissioner Guilfoyle then Commissioner
Davis.
Mr. Williams: Thank you, Mr. Mayor. I’m glad we’re speaking for the animals since
they can’t speak for themselves. They really need someone to speak for them. I’m in support of
the shelters and the people who are trying to retrieve those animals. Ms. Broady I agree with
you, Augusta’s a whole different situation from any other county not just Columbia County. My
first question I guess would be about this ordinance. What would that do to the general public if
we change this ordinance or this code? What would that do for the people what the laws says
what would the fines be? What would happen to those people who just hadn’t come to
committee come in here and we vote to change it. That’s the first thing I guess I need to know.
Ms. Broady: Commissioner our, what we plan to do what we want and have written in to
this ordinance is that there is a year’s grace period for the spaying and neutering and also for the
licensing. So if this is approved then any owner would have a year before we would enforce
these rules. We would not just arbitrarily start penalizing or citing owners whose animal had not
been spayed or neutered or that was not licensed.
Mr. Williams: You probably receive a lot of breeds but the most immediate breed you
probably get in your shelter is a half pointer and a half setter. And most people don’t know what
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that is. And they can identify a German Shepherd or a Bulldog but a half pointer and a half
setter is one who sits in the front room and points to the kitchen.
Ms. Broady: Yes, sir.
Mr. Williams: They are a cross with any and everything. I have a lot of that in the
district. I have a lot of loose animals that run in the super district that breeds. An animal don’t,
they don’t they just breed and that litter has a litter.
Ms. Broady: Yes, sir.
Mr. Williams: I raised a litter of puppies of fourteen at one point. A dog can have a, I
mean it can get overwhelming if we don’t have something done and have some groups to work
together. So I’d like to know how can we work together how can we figure out. I don’t want a
group to come to get a specific breed and let the half pointers and half setters just sit out there. I
mean they ---
Ms. Broady: Commissioner, that’s the case.
Mr. Williams: --- and see and that’s what I’m worried, I don’t nobody to get a certain
breed and say well we don’t ---
Mr. Mayor: I’ll give you another two minutes.
Mr. Williams: This is for the dogs, Mr. Mayor. You know how I am about my dogs.
Mr. Mayor: Me too.
Mr. Williams: But I’m just trying to find a way we can discuss this and talk about it so
we can get a model that will work for us here in Richmond County because that’s, and kind of
what I’m worried about. We need to get somebody to work with us. So can we have another
meeting and I did meet at one point but I’d like to meet as well. I mean this should’ve came
through Public Safety through committee and we should be able to talk about how it’s going to
affect the general public about the year that you talk about of giving before we start to
implement. But I just think we need some more dialogue. We need to talk some more. I don’t’
think this group who loves animals ought to be against this group who loves animals. I think we
ought to be together because the animals who can’t speak for themselves. I just spent sixty
bucks a little while ago at Wal-Mart buying dog food and the lady said we wanted a dog. I said
you can have all of mine but she didn’t want the feed bill. So I’m just saying can we send it
through committee?
Mr. Mayor: Ms. Allen, you had your ---
I was going to see if I can get someone to recommend that it
Ms. Allen: Yes, sir.
comes back to the Administrator’s office and meet with the two groups and come back with
a recommendation at the Public Safety committee meeting.
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Mr. Williams: Okay, I’ll make that in the form of a motion
---
Mr. Mason: Second.
Mr. Williams: --- to get ya’ll to talk and then it comes to Public Safety.
Ms. Allen: Public Safety, yes, sir.
Mr. Williams: Then we can talk about it some more because I think we’re going to make
the final decision so we need to have some input as well.
Ms. Allen: Yes, sir.
Mr. Williams: Okay.
Ms. Davis: Mr. Mayor?
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner
Guilfoyle then Commissioner Davis then Commissioner Lockett then Commissioner Smith.
Mr. Guilfoyle: Thank you, Mr. Mayor. And I would like to thank the Advisory Group
that’s with the animal services. I would like to thank the staff that works directly for this
Commission. You know, we’ve come a long ways in two years even though a lot of time has
passed by. Within this past month we got the new ordinance that the Advisory Group as well as
staff knew that needed to be implemented. We’ve pushed the issue as far as hiring a veterinarian
but it came to light because the both groups I just spoke about staff as well as the Advisory
Group. You know for us to sit here and we’re trying to come up with solutions and we’re
actually leaning on staff and the other group. But the adoptions how many animals was adopted
in 2013 because I know that since you’ve been on board we were euthanizing 10,000 a year and
then we reduced it down to six. How many animals was adopted last year to see how we could
cut that?
Ms. Broady: 835.
Mr. Guilfoyle: And that’s from out local shelter, I mean our local Animal Rescue
Groups.
Ms. Broady: No, sir, that’s from citizens that adopted.
Mr. Guilfoyle: As far as our rescue groups how many would that consist of?
Ms. Broady: Rescue groups last year Commissioner Guilfoyle pulled 238.
Mr. Guilfoyle: So the citizens as we could probably see is the only way they know about
it is to do the outreach I guess from the rescue groups as well as the staff is to try to get adoptions
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up as well as my daughter came in and adopted a dog and somehow we ended up with three
more. But I know that you had other in the previous meetings people had questioned us why
can’t we be more like other counties, other cities and I realized that Macon had came two weeks
ago and I was invited but I was tied up at work. And I know that Commissioner Ms. Davis and
Donnie Smith went. Can you kind of give me a little snapshot of how that meeting went?
Ms. Broady: Yes, sir, Commissioner Guilfoyle. The director Sarah Tennon and three of
her staff members, two kennel attendants and her field officer came to visit. We met at a
conference on the animal software. And she came down and visited, we compared notes and she
has been working with rescue groups and her rescue groups have told her that it is difficult for
them to have the animals spayed and neutered. So she has abandoned the process of allowing
rescue groups to take animals from the shelter unaltered. She is changing to our method to
where all animals are altered before they leave the shelter.
Mr. Guilfoyle: Okay, and we do take in animals ---
Mr. Mayor: I’ll give you another two.
Mr. Guilfoyle: --- thank you, Mr. Mayor. We do take in animals from surrounding
counties.
Ms. Broady: Yes, sir.
Mr. Guilfoyle: It amazed me that the other county would just shut their door after they
only have so much of a population of animals.
Ms. Broady: That is one of the things we learned from Macon. They also have a small
shelter and when they are full they do not accept any more animals. We’re full all the time also
but we never turn any animals away.
Mr. Guilfoyle: Probably the reason why I caught that man throwing a cat out there in
front of my house a couple of months ago. From this moment on what’s the best course of action
that we can take from here.
Ms. Broady: Commissioner, I spoke with the Department of Agriculture Ms. Cowart and
in speaking with her she works with other animal control agencies across the state. And she has
assured me the best method is to alter them before they leave the shelter. That is the only way to
insure that they are all altered once they leave the shelter.
Mr. Guilfoyle: Ms. Broady, thank you and thank you for being our director.
Ms. Broady: Thank you, Commissioner Guilfoyle.
Mr. Mayor: Okay, Commissioner Davis.
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Ms. Davis: Thank you, Mr. Mayor. Ms. Broady, thank you. You know, I think
definitely these discussions that we’ve been having and the improvement on the ordinance is
definitely a move in the right direction. When we do have rescue groups coming forward though
and I’ve had a lot of discussions with Lorna over the past few weeks about the rescue groups,
could we make that a specific action as far as bringing back to the Commission? I know
Commissioner Williams made a motion for ya’ll to have discussions but there has to be some
way we can work with these rescue groups and have an agreement that can be enforced. I just
feel like we have to try this. I just I feel that’s kind of the missing link and I know that’s it’s
been hard to enforce as far as you know making sure these animals are altered but there has to be
a solution out there. So could we add that to your motion Commissioner Williams to bring that
specifically back ---
Mr. Mayor: I believe that was the motion was for Animal Services and the rescue groups
to get together with the Administrator to bring back a recommendation to the Commission.
Ms. Davis: For the rescue groups?
Mr. Mayor: The rescue groups.
Ms. Davis: Could I add another maybe, possibly? Are you open on Saturday’s? Is the
shelter, is your office open on Saturday’s as far as the families wanting to adopt?
Ms. Broady: No, only for cleaning and feeding.
Ms. Davis: Is that because of just the, your budget and your staff or why is that?
Ms. Broady: That is also because of history. We have not, we did not get the foot traffic
on Saturday’s and Sunday’s. That is another thing that we learned from Macon. They do not
allow animals to be turned in on the weekend and their adoption movement is not enough to
substantiate leaving them open. Now, we do have animals at Pet Smart every Saturday so
animals are available for adoption every Saturday.
Ms. Davis: At Pet Smart?
Ms. Broady: At Pet Smart and periodically we are at Fort Gordon, recently at Walgreens
so any just about anyone that asks us we’ll take an animal there.
Ms. Davis: Okay, one more quick question. I know when you mentioned that if you
have an agreement as far as with rescue groups and that would have to be the same agreement for
individuals?
Ms. Broady: Yes, ma’am.
Ms. Davis: I saw some, could I ask Ms. Colvin to come back up. I just saw you shaking
your head. I’d like to hear your experience with that because I saw you were saying maybe you
know something different.
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Ms. Colvin: I don’t know the legalities of it but I know it should be investigated. Rescue
groups are licensed by the state of Georgia. We’re under the same rules and regulations that
Augusta Animal Services is under. If I take an unaltered animal out then I can lose my license I
can be fined I can be charged with breach of contract and so forth. I mean my liability is great.
And if a public person just walks in and adopts an unaltered animal they could move to another
state in three months. I don’t think that the agreements should be the same as for the public as
well as a licensed rescue shelter. It doesn’t have to be a one fits all. We are part of the entity
that helps with Animal Services and we should be able to legally take unaltered animals. I have
never been asked in the past which we were under a different ruling regulation from the
Department of AG to bring in paperwork when I took puppies out that were too young to be
altered. So you know I am willing to turn in any paperwork. I alter every animal that I have
before I adopt it. Now that’s happened in the past six months or so. Now we’re learning as
we’re going and we’re realizing there is a lot of paperwork in tracking when you do that. So it is
better to have them altered first but in the case of a small puppy when I was out there trying to
get a litter of puppies that were too young they were euthanized the next day because I couldn’t
take them. There was no contract. I don’t really see where the public should even be the same
on the same scale as licensed rescue shelters who aren’t part of you know the same program.
They’re different. I mean and it doesn’t have to be that way. That is not discriminating against
anything or anybody. You know we’re not a governmental entity but we are semi and we have
licensing and we have liabilities and insurance and things like that that we’re going to lose if we
do not follow through. I can’t help what happened in the past. I mean that’s a moot point now.
I’d like to go now and prove my reputation which has no complaints against it from the
Department of AG or anything else. So I’d like to try to work and carry forward but I really
don’t see that the same rule has to apply to the public as well as a licensed rescue group. There
is no state Georgia law that says that.
Ms. Speaker: I can answer that. I did talk to Mr. (inaudible) with the Department of
Agriculture and read in the sterilization act that it says that those things can be customized for
the department, that the director has full discretion as to how she chooses to run the department.
So the contracts like the little contract that I put forth here for ya’ll to look at is a cut and paste
with the transfer ones that they have in Columbia County and simply a contract for Richmond
County. And I submit that we just do this and try it with a few rescue groups and fine them or
turn them over to the Department of Agriculture if they don’t comply. But they don’t have to, it
does not have to comply with the citizens, they are not part of that.
Ms. Davis: Thank you.
Mr. Mayor: Commissioner Lockett then Commissioner Smith.
Mr. Lockett: Thank you, Mr. Chairman. Since this is going to come back before the
Commission what I would like to do at this juncture is call for the question. Any further
discussion we can follow up on it when it comes back before the Commission.
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Mr. Mayor: Is there anybody that objects to ending debate? Hearing none we have a
motion that’s been made and properly seconded. Commissioners will now vote by the usual
sign.
Motion Passes 8-0.
Mr. Mayor: Madam Clerk, on to the next addition.
The Clerk:
ADDENDUM
15. Motion to ratify the following ARC Legislative Delegation appointments: Augusta
Canal Authority, Ms. Jeanie Allen and Mr. Richard Slaby, Jr.; Small Business Advisory
Council, Mr. Richard Lowry; General Aviation Commission-Daniel Field, Mr. Charles
Lamback; Augusta Transit Citizens Advisory Committee, Ms. Denice Traina and Mr.
Charles Cummings; Animal Control Board, Ms. Lakendrea Mason and Mr. Tim Allen;
Coliseum Authority, Mr. Cedric Johnson.
Mr. Lockett: Mr. Mayor, I move that the ---
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: --- I move to ratify the following ARC Legislative Delegation appointees.
Mr. Johnson: Second.
Mr. Mayor: 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.
Motion Passes 8-0.
Mr. Mayor: Thank you, ma’am, on to the regular agenda.
The Clerk:
PLANNING
2. Z-14-35 – A request for concurrence with the Augusta Georgia Planning Commission to
approve a petition by Mary Kingcannon, on behalf of John Cropper, requesting a Special
Exception to establish a Family Personal Care Home per Section 26-1 (H) of the
Comprehensive Zoning Ordinance affecting property containing .27 acres and known as
3307 Emerson Drive. Tax Map 122-3-079-00-0 DISTRICT 6 (Requested by Commissioner
Marion Williams) (No action vote taken on June 17, 2014)
Mr. Mayor: Ms. Wilson.
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Ms. Wilson: Hi, everyone. At your last meeting you decided to take no action the
request from Mary Kingcannon on behalf of John Cropper to get a Special Exception for a
Family Care Home. Since then we’ve talked with the applicant as well as the person who did not
wish to have the Family Care Home in the community. And we have been able to obtain the
inspections reports from the Fire Department as well as our staff who go out to do inspections.
And at this point they’ve given us a list of a few things that they need to do to correct but all in
all the facility is in good shape. Staff’s recommendation is still approval of this request.
Mr. Mason: Move to approve.
Mr. Lockett: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. I would like to,
do we have one objector in the room ---
The Clerk: Yes, sir.
Mr. Mayor: --- hear from the objector.
The Clerk: And as she makes her way forward, Mr. Mayor, at our last meeting Mr.
Jackson submitted a petition of those that opposed the Personal Care Home so we just want to
make that a part of the record today as well. If any member of the Commission needs to see a
copy of the petition we have it available.
Mr. Mayor: And if you could please state your name and address for the record and keep
it to five minutes please, ma’am.
Ms. Nestor: My name is Corrie Ann Nestor, 3308 Emerson Drive directly across the
street from the property in question for the Family Personal Care Home. Myself and my
neighbors there’s 22 of us did sign a petition opposing this. Some of the safety issues that I’ve
been bringing out each time is that we are limited access. We’re on a dead end street, one way in
one way out to me that’s a safety issue and the difficulties that I see with the emergency vehicles.
The Fire Department I’m sure probably did clear it because they do have firemen outside the
vehicle while it backs up and everything but there’s no place to turn around down there. We do
have young children that live on our street and they do ride bicycles and play in the street.
They’re not used to watching out for traffic, more traffic on our dead end street. And then on the
other issues that we had about the home it was stated last time when asked that the home, it’s
actually was built as a three bedroom, bath and a half house. Unless there’s been another
bathtub/shower added it just has a bath and a half and I don’t know whether it does or not, that’s
something I’d like to know. There’s no obvious handicap facilities at the home just curious
about the care giver and what their duties are and can they handle as many as five elderly
patients, what hours they would be working, long shifts what shifts, those are some of the things
that we were concerned about on that order but the real issue comes down to the fact that we
were built in the early 60’s as a residential one-family neighborhood. Through the years the
demographics of that have changed through death and moves and transfers and different things
which we have no control over. We would like to keep our neighborhood as a residential
16
neighborhood. Just in point of interest Mr. Cochran who owns the property rents or leases it to
Ms. Kingcannon and therefore she is setting up the personal care home. To me if you want to
run a personal care home in a neighborhood then I feel like you ought to set it up as a residence
and have some people in there that you’re caring for. In this case there’s absence of that. It was
rented solely for a business for profit in our little neighborhood. Neither Mr. Cochran or Ms.
Kingcannon live in Richmond County so therefore they’re not voters, they pay some sort of
taxes, well he would pay property taxes. I’m not sure what Ms. Kingcannon would pay. But we
all do that we pay taxes, we vote, we spend our money in Richmond County we have been good
citizens. My husband was a personal public servant he worked for the Augusta Fire Department
for 27 years. We’ve been good neighbors to each other and we don’t have a problem with
people who are going to stay in the personal care home, that’s not an issue at all other than the
fact of the safety that they would have. And I’ve been in this neighborhood since August of
1970 going on 44 years. It’s always been a good neighborhood and we would just like to keep it
that way. And I got out and talked to my neighbors and they all felt like I did so I’m just asking
today if you would think of them as you count your vote today or think of all of them.
Mr. Mayor: Thank you, ma’am. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. I would like to present this question to the
General Counsel if it’s okay.
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: Yes, sir.
Mr. Lockett: Mr. MacKenzie, we have, it’s my understanding that we’ve these before
that that could possibly be litigation if this wasn’t approved. I’m probably not using the correct
wording but will you make us aware of to what we must do with situations such as this?
Mr. MacKenzie: Well, you are making a decision whether or not this would be an
appropriate use for this particular neighborhood use. There are some restrictions depending on
the number of persons that reside in these types of homes. It’s my understanding this one would
require that it go through the processes it’s gone through and the Commission weighs all the
appropriate factors to make some decision. If anyone was going to challenge that they would
have to come over to the legal basis to challenge it. In this instance it seems substantially similar
to all of the others the Commission has approved and I don’t see any high risk associated with
this one that does not exist with any of the others.
Mr. Lockett: Thank you, Mr. Mayor, may I follow up? Thank you, Mr. MacKenzie.
And there’s a mention of traffic. Last time this was before the Commission it was indicated that
there would be one staff vehicle used, five senior ladies. I would be so no more concerned about
traffic for them as I would for anybody else and I would imagine that there must be other seniors
living in that community and for Planning and other governmental entities to say that this house
is sufficient I don’t see how we can legally deny this. Thank you, Mr. Chairman.
Mr. Mayor: Commissioner Smith then Commissioner Williams.
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Mr. G. Smith: I just want to make sure. The last time that this is going to be a house for
five ladies, senior citizen ladies, right?
Ms. Wilson: Yes, that’s the way the permit will be issued based on what the applicant
put on their application.
Mr. Lockett: Okay, always when the money and the economy gets tight what happens
when you don’t have the four ladies you get somebody else (inaudible).
Ms. Wilson: I don’t know. The owner is here and can speak to that but I can tell you that
one of the things that we’ve done as a department is that before in this particular case the person
has to get a business license. We went out with the fire department to do and inspection and
we’re looking at things like some of the minimum housing codes, things that you would look for
if you were doing a Section 8 Housing Inspection, you know, there’s a check list that you have to
follow with regards to meeting that requirement. So we’re doing a little bit more to insure that
starting out that the property’s in good condition and then we’ll in and do an inspection annually.
Mr. G. Smith: What’s the square footage of this house?
Ms. Wilson: This house is approximately 1,600, around 1,500 or 1,600 square feet. It’s
and I’ve got photos if you’d like to see them but ---
Mr. G. Smith: It’s a standard ranch style two bedroom ---
Ms. Wilson: It’s a standard ---
Mr. G. Smith: --- two bathroom house?
Ms. Wilson: --- ranch style home. It has three bedrooms.
Mr. G. Smith: Do you know what year this house was built?
Ms. Wilson: Oh, goodness, let’s see if we’ve got that with regards to what year it was
built. No, I don’t have that ---
Mr. Mayor: Did somebody lose their remote control?
Ms. Wilson: --- no, I didn’t do that but ---
Mr. G. Smith: That’s why I’m asking ---
Ms. Wilson: Oh, okay, that’s for the picture, I’m sorry.
Mr. G. Smith: When the house was built it’s under certain codes. It probably wasn’t
handicapped accessible.
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Ms. Wilson: Well, one of the things that we, one of the things we do when again the
applicant is here but when we go out to look we use a checklist that we put in place to make sure
that the property as it stands meets certain criteria. We look at what the stairways are the decks
if the bathrooms have to be handicapped accessible we check on that. We check the electrics for
example the state even has a list where they have to have an electrician go in to make sure that
all that is brought up to code. As well as if the property were on a septic system we check to
make sure that based on how the house was permitted for septic that you don’t have more than
the number that was allowed for that. So we’re checking more than, you know, normally is
checked for this type of use. We don’t ask the age of the home because that’s not something that
we technically consider as long as it’s meeting the current minimum housing code.
Mr. G. Smith: I just know when those houses were built the doorways, bathrooms and
everything were a lot different from what they are now and the codes where they’ve changed and
especially anybody that owns an existing building and goes and does any renovations they have
to bring them up to today’s codes. The handicap and accessibility and, you know, I don’t think
this house as it stands meets it.
Ms. Wilson: Well, again, you have to, you have to remember this is a request for a
family personal care home. The assumption that I think you’re making is that people that are
residents of this particular facility are wheelchair bound or have other issues when they just
might not be able to be in a single family house by themselves. I do think that for more detail
you can talk to the operator who is here who can go into more detail as well as I think she might
have some of her residents here. But from our standpoint we basically have to be objective when
we’re looking at these homes. And we check the basics for all of the homes that we that come in
for permit. And we kind of just started doing this because we want to make sure that people are
moving into facilities that meet the same criteria that you normally do everything about
(inaudible).
Mr. G. Smith: Well, that’s why we have inspections for.
Ms. Wilson: That’s correct.
Mr. G. Smith: They’ll handle that.
Ms. Wilson: (unintelligible).
Mr. Mayor: Okay Commissioner Williams then Commissioner Guilfoyle.
Mr. Williams: Thank you, Mr. Mayor. I know the last time when we talked about this it
was stated there wouldn’t be any signage to represent a business of any kind. I wanted to make
sure of that because I believe in trying to keep the neighborhood a neighborhood. I know that
the state isn’t doing this and there’s nothing you can say. Gracewood is moving a lot of people
out of that area into neighborhoods and I’ve got one I’m thinking about renting out who you
know you don’t even know anybody’s there. I mean the only people that come in is the people
who works, you know, with the Gracewood staff. But the state is doing it all across Georgia I
19
believe, but I wanted to make sure that we had mentioned last week or last time they was here
that there would not be any signage saying this is a personal care home. This ought to be kept
just like any other house. It not ought to be identified when you ride down the street and that’s a
problem I have when a lot of people open up businesses especially in the community and they
put up a signage or you’ve got swings in the yard for a daycare and that kind of thing. But I
think Ms. Wilson has said they’ve been out and looked at this facility very, very well. I think it’s
going to be and I thought got back some communications started last week when everybody was
talking that we was going to have a facility that wouldn’t be any different from anybody else.
Grady, you mentioned about the way the house was built and when it was built but today is
totally different. People are staying next door to people that don’t know who they’re staying
next door to. There ain’t no neighbors no more. Neighbors used to come out on the porch and
talk to each other and have a glass of tea or something but folks live in communities now they
don’t even know who they are. But I’m making sure there wasn’t going to be any signage or
anything to make this house look any different from any other house in that neighborhood when
nobody would ride down the street and say that’s a business in this neighborhood. It ought to be
---
Mr. Mayor: I’ll give you another two.
Mr. Williams: --- maintained, thank you Mr. Mayor, you’re giving it to the community.
Thank you. It ought to be maintained as well if not better than the rest of the homes in that
community. It not ought to be a facility we allow to come in and there ought to be some
stipulations that if it does change that we ought to be able to come in and remove and make that
different because I don’t think the neighborhood ought to come down or the neighborhood ought
to go up. We’re all in this together, we’re all going to have to work to govern this and I think if
we do what I’m thinking that’s going to be done it’s going to be maintained as good or if not
better than it was before they got there. Everyone needs a place to stay. I said it last time and
I’ll say it again, Ms. Bonner, I’ll swap neighbors with you because I’ve got some I’ll sure trade.
I’ll trade you in a minute I guarantee you.
Mr. Mayor: Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mr. Mayor. Ms. Wilson ---
Ms. Wilson: Yes, sir.
Mr. Guilfoyle: --- as far as I have seen just in my district alone where people have
moved in under Section 8 Housing and I’ve seen neighborhoods off of Willis Foreman Road
down into Goshen. But I’ve also seen these special exemptions as far as a Family Personal Care
Home doesn’t change the outcome of a neighborhood. It doesn’t change the look and where
people would ride down no different in Commissioner Williams said they don’t have signs. But
if it was to me I know that they required since they run this as a business they required to keep
the outside looking a certain way. Hopefully that you’ve got something implemented into your
ordinance where they’re required to have more than one trash can because when you have five
people and one person taking care of them you will produce more byproduct. And as far as the
landscaping a business will have the tendency to keep that up better than your unwanted and
20
we’ve got the recommendation for staff. I would rather have this than something else in there if
I lived across the street. That’s just my viewpoint where I have seen both sides of the coin.
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.
Ms. Davis and Mr. G. Smith vote No.
Mr. Jackson and Mr. D. Smith out.
Motion Passes 6-2.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
PUBLIC SERVICES
3. New Application: A.N. 14-22: A request by Jeffrey Knight for an on premise
consumption Liquor, Beer & Wine license to be used in connection with Knight’s located at
3112 Wrightsboro Rd. There will be Dance. District 2. Super District 9.
Mr. Mayor: Mr. Sherman.
Mr. Sherman: Yes, sir. Are there any objectors to the alcohol application? There are no
objectors, Ms. Bonner.
The Clerk: Okay. Is the applicant here?
Mr. Speaker: Jeff Knight, 2420 Patrick Avenue Hephzibah, Georgia.
Mr. Sherman: Okay, the Sheriff’s Department and Planning and Development
recommended it be approved.
Mr. Johnson: Move to approve.
Mr. Mason: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner
Lockett.
Mr. Lockett: Mr. Mayor, thank you. I just want to ask you this wasn’t your place of
business where they had this fight with about thirty young ladies the other night?
Mr. Knight: No, sir, my place is 30 years or older, no kids.
Mr. Lockett: Okay. Thank you, Mr. Mayor.
21
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.
Motion Passes 8-0.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
ADMINISTRATIVE SERVICES
7. Discuss the Mercer Group Contract, lack of commission approval, state law and
procurement process. (Requested by Commissioner Marion Williams)
Mr. Mayor: Commissioner Williams this is yours.
Mr. Williams: Thank you, Mr. Mayor. I asked that this be put back on the agenda.
When I look at what the state law says and what this process did I was told a different and I need
Mr. Andrew or someone to explain to me how can this be different from what the state
recommends and I guess that would be my first question to the Attorney.
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: Sure, I’d be happy to address that. I think the statute you’re referring to
is 36-10-1 that’s applicable to counties only as we discussed I believe in the last meeting.
Augusta is a consolidated government and I did read in some language from the Consolidation
Act that essentially gives Augusta the ability to take advantage of laws that are applicable to
municipal governments and has a municipal form of government. Since this government is not a
county only this restrictive language in this statute does not apply with respect to the requirement
that minute the approval of the contract be placed on the minutes. Now other issues relating to
whether or not the contract was procured in accordance with our code I would defer to the
Procurement Department on those unless you had any specific questions on it.
Mr. Williams: Mr. Mayor, I need to know from the Attorney how can we implement a
SPLOST tax that we have implemented for seven or eight times. How can we implement a
SPLOST tax if he says we’re not a county? And we can’t pick and choose the day which is
Thursday different from our regular meeting. We can’t choose a day we like and say that this is
what it’s going to be today and tomorrow it’s going to be something else. Now I just need to
explain that. If that’s the case then we’re not a county and we can’t impose a SPLOST tax.
We’ve been illegally doing that for a long time. So can he explain how can we be in the day then
tomorrow we’re out? So if it’s a rule and we are a consolidated government meaning when
anybody who can consolidate and I think Mr. Andrew is married so I’m going to use him as an
example. When you get married you ain’t one no more you’re two. One may talk more than the
other one but you ain’t one no more. So I’ll go back. We married this county and this city
together and we are a consolidated government and in anybody’s mind would take consolidated
meaning both it’s not just one. So I guess my first question and the answer I need to have is how
can we implement a SPLOST tax if we’re not a county?
22
Mr. MacKenzie: Sure, I’d be happy to ---
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: --- address that. The SPLOST provisions actually specifically provide
for consolidated governments and so that’s an enabling statute that specifically acts as additional
rules are applicable to consolidated governments which authorizes a consolidated government to
issue a SPLOST. But getting to the heart of the question which is how does the government
determine whether or not it’s a county or a city for application of certain laws. In a sense the
first thing you stated is actually true as strange as it might seem. The state enabling statute
which is our Consolidation Act actually does give the governments some leeway in determining
whether or not it is a county or a city for purposes of application of certain laws. And that’s the
language in the Consolidation Act that says the Commission Council may exercise the powers
vested in the governing authority of the municipality or municipalities and municipalities
generally as well as powers vested in the former governing authority of the county and counties
generally. So it actually does give the government options to utilize laws applicable to those
municipalities as well as counties. In this instance this law is only applicable to counties only.
And we’re certainly not a county only government which is why ---
Mr. Williams: Share that with me where is says county only in the documents because
you said as well as, as well as meaning that we can do both. That’s what that means to me. Now
show me where the law says ---
Mr. Mayor: I’ll give you another two.
Mr. Williams: --- yes, sir should be giving him two more because I need for him to show
me where the law said that we are limited to any situation because you just read as well as
meaning that we can do both. It don’t mean you do one. Now if that’s the kind of ruling we’re
getting, Mr. Mayor, I’m really got some issues now.
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: I’ll do my best to explain it. The statute that we’re looking at is one
that’s applicable to counties only and there’s a number of cases on this because it’s a very old
statute that’s been on the books for many, many years. And it says in the title of it that it’s
applicable to counties only. In other words governments that are only a county. Since we’re not
a county only government, we’re a consolidated government, then this restriction does not apply.
Mr. Williams: I’m going to ask you to ask him because he don’t help me he don’t
understand me so I’m asking you to ask him to show me where it says we are a county only in
that document or any old document where we are a county only. We are a consolidated
government since 1996. The voters voted on that. You don’t have to like it you don’t have to
understand it that’s what the voters voted on meaning out of a 159 counties in Georgia there are
only three maybe four now. But I know Athens/Clarke, Columbus/Muskogee and Augusta
Richmond County are consolidated and Bibb/Macon has consolidated and that’s what I mean
that’s four. But we are consolidated meaning we have come together. We don’t have a county
23
or a municipality or a city anymore. There’s some things we’ve been working through but I
want to see what the law says not what I say or what he says I want to see what the law says that
we are only a county in this instance.
Mr. Mayor: There’s only one lawyer in the room and I think he’s ---
Mr. Williams: He ain’t such a good lawyer, I’ll tell you that much.
Mr. MacKenzie: If I can briefly I’m actually agreeing with you on this one. We are not a
county only government and that is why this restriction does not apply. We are a consolidated
government, we are married government and that’s why this doesn’t apply because this only
applies to county only governments.
Mr. Williams: But the document doesn’t say that we are and you hadn’t showed me that
yet where we are eliminated or we cannot be, we’ve been using the same rule for the SPLOST.
And if that’s the rule we’re using what you’re saying now then we’re been illegally doing a
SPLOST, a sales tax. Not a lost but a SPLOST. A Special Local Option Sales Tax is for
counties only and it does say that now. And because we are a consolidated we’ve been able to
do that. You can’t come up and just fit it when you want to fit it because we are a county we
have been able to do a Special Local Option Sales Tax.
Mr. Mayor: Okay, Commissioner ---
Mr. Williams: That’s what the law says that isn’t the way I say it.
Mr. Mayor: --- you’re second two minutes is up. Can we get a ---
Mr. Lockett: I move that we accept as information, Mr. Chairman.
Mr. Mayor: Is there a second?
Mr. Grady Smith: Second.
Mr. Mayor: We have a motion that’s been ---
Mr. Williams: Put this back on the agenda, Madam Clerk, until I get someone from the
Legal Department to show me legally what this states. I mean I’m not going to sit here and act
like I’m (inaudible).
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioners
will now vote by the usual sign.
Mr. Williams votes No.
Mr. Fennoy, Mr. Jackson, Mr. Donnie Smith and Mr. Wayne Guilfoyle out.
Motion Fails 5-1.
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Mr. Mayor: No action taken. Madam Clerk, on to the next agenda item.
The Clerk:
ADMINISTRATOR
13. Update from the Interim Administrator regarding the Municipal Building renovation.
Mr. Mayor: Madam Administrator.
Ms. Allen: Mr. Mayor and members of the Commission, I wanted just to give you an
update in regards to the Municipal Building project renovation keeping in mind that it is the
current schedule the dates that I’ll be presenting to you and are very tentative based on any
changes that may take place. There will be some temporary relocations which is considered
swing space during the renovations of the remaining renovations to be taken. And also keeping
in mind that this timeline actually affects any costs, potential costs. So the longer that we have
the construction group here the longer you know the more money we’re going to look at in
doing. So I’m just going to give you the dates that would have been set tentative dates that have
been set. Sara is passing out the actual floor plans for every floor so you have something to
reference in front of you for all nine floors. Also keep in mind that this does not include any
potential changes that may come about as it relates to this being a secondary courthouse or court
annex as well, okay?
Mr. Lockett: Mr. Chairman?
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: I’d like to direct a question to the Administrator if I could, please.
Ms. Allen: Yes, sir.
Mr. Lockett: It seems like we’re going back to old things. I’m getting something at the
last minute. You probably just prepared this but something such as this we need to get it as far in
advance as we possibly can because it’s really difficult to try to absorb everything while you’re
talking and it doesn’t give us the opportunity to really consider whether it’s a good thing or a bad
thing. Thank you, Mr. Chairman.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor, I wanted to ask where are we, not with this plan but where are
we with the renovation as far as moving the Clerk’s office. I sent Sara a little while ago to get
some pins and we went and talked to Ms. Morawski and Ms. Morawski said that she didn’t know
where they was. She thought they was in a container somewhere, she had to find them. So I’m
wondering how much longer are we going to have to wait for other stuff to get done before we
get to the basic stuff that needs to be done. No we done turned this horse around backwards two
or three times so where are we now with getting all the public pink boxes, I like paint but those
boxes are not too pretty. I need to know where are we with that.
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Ms. Allen: Yes, sir I have included that in this presentation as well so I’m going to cover
that. And I apologize for any regards to not being able to present this information to you earlier.
This is basically some of the presentations that have been going on prior. I mean previously
some of these pictures and things have been put out there in regards to the actual plan for this
renovation as well as those dates so I guess I’m kind of giving you an update. Those things
haven’t changed it’s just giving you some background information to where we are. And I will
include that, Commissioner Williams, as far as the Clerk of Commission’s relocation.
Mr. Mayor: Commissioner Lockett.
Mr. Mayor: Thank you, Mr. Chairman. This is the last half of my question.
Ms. Allen: Yes, sir.
Mr. Lockett: I would prefer before we lose the quorum that you talk about what we’re
going to do with the Clerk of Commission’s office.
Ms. Allen: Okay. It’ll take only a second to get to that. Okay?
Mr. Lockett: Thank you.
Ms. Allen: All right.
Mr. Williams: If we lose the quorum, Mr. Mayor, then Mr. Lockett just asked the
question.
Mr. Mayor: Well, I’m, if, Grady, are you leaving?
Mr. G. Smith: (inaudible).
Mr. Williams: If he’s going, he’s going. He’s still going, he ain’t going to be in here.
Mr. G. Smith: (inaudible).
Mr. Williams: No, you ain’t, you’re going to be in the back.
Mr. Mayor: But you can’t leave the quorum.
The Clerk: We don’t have a quorum.
Ms. Allen: Okay, we’ll do it really quick.
Mr. Mayor: Okay, real quick.
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Ms. Allen: Okay. The first floor and keep in mind again this is a tentative move date.
The first floor is the Tax Commissioner and the Tax Assessor that are scheduled to be relocated.
The second floor of course is the Mayor’s office which has been completed and the Clerk of
Commission relocation. You’ll notice that we’ve allocated the Clerk of Commission has been
put designated in that area and we have to be determined in the space that the Clerk of
Commission will be coming from. I sent Ms. Bonner an email earlier today. I had a discussion
with Heery and regards to looking at how can we expedite the move. The initial timeframe was
looking at the first of the year based on everybody else’s changes and swing spaces and things of
that nature because right now the space in the Law Department the previous Law Department
was actually is actually being utilized by the Procurement Department until the Procurement
Department’s floor is completed. So there’s a number of other offices or departments that have
to be affected to make this move work okay? So I just got that information today. Me and
Heery discussed that day and I sent it as soon as I got the information to Ms. Bonner as well as
the other affected people that we on that email. So the soonest we can look at the Clerk of
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Commission relocating on October the 1 and that’s if everything goes well with everything on
the other respective moves. And I’ll explain why when I get to that area Commissioner because
I know that’s your next question. The third floor has been allocated for the Planning and
Development Department and they’re looking at going into their location December 26, 2014.
The fourth floor is the Human Resources Department as well as the Special Projects that’s
currently where the Administrator is temporarily located on the fourth floor and the Special
Projects area which is also where the previous senior judge’s offices were located. Human
Resources has been completely moved. The fifth floor is actually completely, it’s complete with
the Board of Elections, the EEO and of course the 311 office. The sixth floor is where the
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Procurement and DBE office is schedule to be relocated and that is scheduled for November 21.
The seventh floor is Marshall’s office and it was also a space for the Consulting Department and
that’s something we’ll have to actually look at as well as the Clerk of Commission was
scheduled there for storage space. The eighth floor is tentatively scheduled to have the Finance
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Department move in on August 26 of 2014. That also takes into consideration Accounting as
well as Payroll. And the ninth floor is actually scheduled for the Administrator and Risk
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Management to be located August 23 and August 25 respectively. With the final completion
date if we go ahead and start to finish the construction right now we’re looking at a tentative
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final completion date of February 16 2015 to have the entire Municipal Building renovations
complete. Now we get to the Clerk of Commission. At the last meeting it was asked of the cost.
I think one of the actual architects brought up that it will be some costs as it relates to moving the
Clerk of Commission. To combine the storage room which is room 240 and the conference
room 239 which is actually located in that office and to create the vault area. I know we talked
earlier about some of the material from the seventh floor being utilized for the vault on the
second floor but because of the difference in size and the difference in space there’s a significant
difference. We still would have to get additional materials, there would have to be some design
costs and things of that nature that would have to be incurred and we’re looking at an estimated
cost of $501,454.00 to take care of that. The timeline this is in regards to why we’re looking at
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the earliest being October 1, 2014 because right now on the sixth floor is the Risk Management
Department and in order to accommodate this timeline in order to move the Clerk of
Commission down we have to expedite the renovations. Now right the eighth and ninth floors
are being demolished. We have to actually go ahead and get the sixth floor started because that
was not part of the original schedule for them to be starting at this time. They have said they can
27
go ahead and do the same. They can go ahead and get the sixth floor done simultaneously with
the eighth and ninth floor. So we have to relocate Risk Management who is at the end, tail end
of the sixth floor right now to the Commission offices which are allocated on the second floor
and to the third floor which is going to actually split the Risk Management offices, staff it’s
going to split them temporarily until their floor, the office is completed on the ninth floor. Also
it’s going to affect Procurement annual bid process their yearend process and their training based
on the fact they’ve already sent notices out because they thought they would still be in that same
respective area. So they’re going to have to do that. And then you have to go in and build the
actual vault so there’s no other way that we’ll be able to immediately move that and have the
vault ready for the Clerk of Commission’s office and sooner than ten one 2014 unless we look at
some outside space or anything else to relocate the Procurement and other offices that’s going to
be affected.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Mayor, for your indulgence. I wrote down the Clerk of
Commission no later than October 1, 2014. I put that in bold print. I along with many of my
colleagues are extremely unhappy the way this thing has been completely messed up. I’m not
pointing a finger at you because I know that and everybody else knows that you had nothing to
do with that. But the project manager needs to be relieved of that responsibility immediately.
Someone with expertise and I do believe we have people on staff that can do that because the
project manager needs to go back to his job because in a couple of days we’re going to start the
budgetary process and in the past I along with many of my colleagues that requested information
from there they told us they couldn’t get it because they had a shortage of staff. And so the
appropriate thing would be move them back and let him do his job full time, find somebody else
under your guidance to pick the slack up so that we won’t encounter anymore of the problems
and the expense that we are now.
Mr. Mayor: Okay. Commissioner Williams.
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Mr. Williams: Thank you, Mr. Mayor. I’m not in favor of October the 1 for this Clerk’s
move. I’m wondering why first of all it got messed up the way it got messed up and then we’re
still trying to find a way not to I say find a way not to go ahead and make this transition. The
vault that we’re talking about and it was explained, it don’t have to be made out of steel it don’t
have to be a vault that came in from Canada or some other place. It ought to be a vault that will
protect the papers and the information that the Clerk has from water and fire so it’s, that
shouldn’t be so difficult to do that. We got boxes stacked in the Clerk’s office where they’re
trying to work out of a box and we’re shorthanded. But I’m wondering why we hadn’t ceased
this other stuff in order to get that done so we can move that facility or get at least a start of that
facility done. Now if you’re telling me we’re already got started that we’re working in that
middle room constructing this vault that won’t be made out of steel and then it’s going to take
that long to do that. Is that what I’m hearing, Ms. Allen, that it’s going to take the time ---
Ms. Allen: Yes, sir.
Mr. Williams: --- to construct ---
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Ms. Allen: Yes, sir because right now we actually have the Procurement staff in that
location.
Mr. Williams: I understand.
Ms. Allen: But we can’t do any modifications to it because they’re actually utilizing it as
well.
Mr. Williams: Well, okay, just like Procurement can’t operate with the work going on
the Clerk can’t operate with the work not going on. In other words I hear what you’re saying but
if that’s the space that they need that’s who this body depends on. I don’t know about the
Administrator’s office I don’t know about the Mayor’s office but that, this is the ten people that
work out of that Clerk’s office and have been working without a person for a long time and now
even more I think we’ve got one person out sick. But I’m wondering why we had not addressed
those issues even with the bathroom facilities on this floor. I don’t understand how the Fire
Department how the ADA allowed us to open up this facility and don’t we have handicapped
accessible restrooms for the public up here.
Mr. Mayor: I’ve recognized you twice but I’ll give you one more minute.
Mr. Williams: Thank you, Mr. Mayor. I just need to know how can we stop the madness
and start to work on those areas and those parts. And we done gave instructions we done went
through all these committees and talked about what we wanted about what the Clerk needed and
we decided on something but we’re still going to sit back and say well that’s not a priority. That
ought to be a priority. It was messed up in the beginning and it’s not sufficient, it’s not the place
that we can continue this government going. We can’t secure those documents that they’ve been
holding on to and still need to hold on to but we’re not working on that. We stopped all the work
except the demolition. Commissioner Johnson the Mayor Pro Tem stopped the motion was to
stop the work at one point until we got this resolved. We find out what we need to do and went
back to work and it seemed like we forgot about it, we’re just going to say well we’ll get to it
when we get to it. If these other offices are going to be ready in November and August the Clerk
certainly ought to ready before October. I mean if they’re going to be ready in November and
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December like you just stated December 22 and November 21.
Mr. Mayor: Okay, if there’s no further discussion and I think, Commissioner Williams,
what staff is saying is that right now we’ve got no space to move Procurement in. Is that
correct?
Ms. Allen: Exactly that is correct.
Mr. Mayor: Okay.
Ms. Allen: I’ll go ahead and finish ---
Mr. Mayor: Yes, ma’am.
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Ms. Allen: --- um, so that’s what we’re looking at the Clerk of Commission’s timeline. I
apologize, Commissioner Williams, that it may not be you know what you were looking for or
the Clerk of Commission is looking for right now but that’s the best we can do other than
looking at additional locations to move the Procurement office. And that has to be off site
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because we don’t have anything on the 8 and 9 floor because they’re actually demolished so
we really have no choice. I mean we’re trying to do what we can even to get it to accommodate
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the October the 1 deadline.
Mr. Williams: Mr. Mayor, can I have a point of personal privilege just one point so I can
---
Mr. Mayor: I’ll give you one more point.
Mr. Williams: --- this is an example. I asked for a document of the IT Building and
you’re talking about being efficient and being people who are looking out for our best interests.
I’ve got eleven copies of the IT Building into my home and all I needed was the basic floor plan
to see how things were going to work. Not you, you didn’t send them Ms. Allen so you don’t
have to look. I mean but I called Forrest and asked him for a copy and I guess I was supposed to
disseminate this to everybody else but I got eleven copies of the same thing sent to my home last
week. While I was in Savannah everything was sent to my living room but I’m just thinking
we’re not handling the people’s business we’re not doing the things we’re supposed to be doing.
We’re not being cost effective like we say we are. We’re spending taxpayers’ money like water.
Mr. Mayor: Just go ahead, I’m glad your dog didn’t need it. Ms. Allen, continue please.
Ms. Allen: We were also directed to look at some additional options. Some of the
Commissioners asked us to look at additional options. I’m just going to give you those
additional options and each one of these options is inclusive of the Clerk of Commission being
relocated. To modify the Mayor’s reception area and the storage and the Commission office, for
the Administrator to be moved down to the second floor keeping in mind though that will cause
the loss of an office space and a conference room for the Administrator’s office and to redesign
the ninth floor for the Legal Department at an estimated cost of around $1.2 million dollars.
Option two was like I said all the options include the Clerk of Commission being relocated,
modify the seventh floor to accommodate the Administrator and Marshall’s office and the
redesign of the ninth floor for the Legal Department will give us a cost of about $961,737.00.
And of course Option Three would be to modify the Mayor’s reception for the Administrators
office which like I said would lose the office space and conference room, modify the seventh
floor to accommodate Risk Management and the Marshall’s office and to leave the ninth floor
not built out at all, just to put basics down. No one’s moving on the ninth floor or anything yet.
You have to come back and build that at a later date. We’re talking about roughly about
$809/810 thousand. So I guess what we’re looking for or what I’m looking for is a path forward
on how we want to proceed to determine whether or not any of those options or anything that
you want to consider and to at least approve for us to proceed with the construction and the
thththth
infilling of the 8 and 9 floors. Regardless we need to do the 8 and 9 floor in fielding
regardless of what’s decided as it relates to the construction.
30
Mr. Lockett: Mr. Mayor, a point of personal privilege, please, sir.
Mr. Mayor: Yes sir, Commissioner Lockett.
Mr. Lockett: Ms. Allen ---
Ms. Allen: Yes, sir.
Mr. Lockett: --- the project manager as far as the appointment was concerned it didn’t go
before the Commission, it did not need out approval. So will we have to do a Commission vote
to get you to take the action that I requested?
Ms. Allen: No sir ---
Mr. Lockett: All right.
Ms. Allen: --- I don’t think so.
Mr. Lockett: All right. Thank you. Thank you, Mr. Chairman.
Mr. Mayor: Okay. Mr. Mayor Pro Tem.
Mr. Johnson: Thank you, Mr. Mayor. Ms. Allen, it seems that all of this is going to
come with a cost ---
Ms. Allen: Yes, sir.
Mr. Johnson: --- associated with it. I think first and foremost we need to determine how
we’re going to be able to pay for any of this. And then second of all as far as the vault being
installed in the Clerk’s office I know you gave us an estimate of about $500,000 dollars which is
of course is a cost that’s going to be in addition to what we already have.
Ms. Allen: And that’s not only the, that’s not just for the vault, sir, that’s design and
everything else.
Mr. Johnson: Everything that needs to be done to accommodate the Clerk.
Ms. Allen: Yes, sir.
Mr. Johnson: Do we have any options or where these monies are going to come from?
Ms. Allen: The option that you would have would actually have to be the bonded amount
of funding would have to be increased by that amount.
Mr. Johnson: So ---
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Ms. Allen: That would be the option.
Mr. Mayor: And that would be done through the URA Board?
Mr. Johnson: So I think what we need to decide first and foremost then if we’re going to
do anything with bonding with the URA we need to make sure that everything that you presented
here today we make an overall decision on what route we want to go because it seems to be it’s
going to be additional funding regardless. And if that’s going to be the will of the Commission
to move forward with that then we need to make sure that we give guidance to the URA to go
ahead and move forward seeking to get bonding for the cost associated.
Ms. Allen: Or you can take it out of fund balance if that’s something that you’d like to
(inaudible).
Mr. Johnson: Well, we already hit the fund balance enough. We don’t need to hit that
anymore. I think what we need to do as a body we need to figure out what we want to do at this
point. Like I said before it’s water under the bridge as it relates to what happened a year or two
ago because we’re here now. There was a lot of mistakes, made there was a lot of things done
and it just seems like it was intended. But it is what it is now. We’ve got to figure out how to
clean it up and it’s not an easy process for any of us. But I think at this point we need to really
focus on what route that we want to go so we want halt this project and get the Clerk out of there
into her office so they can function and operate in a reasonable manner. And then at the same
time give you guidance on what we want to do with the other floors. But I do understand the
timeframe as it relates to the Procurement Department, DBE getting them out of there would not
have any available of any other space. It’s going to take you know at least that amount of time
which I think is reasonable. But I do believe we need to make sure that we go ahead and look at
this thing carefully and give you guidance on what we chose to do moving forward.
Mr. Mayor: I’ll give you another two.
Mr. Johnson: Thank you and how we’re going to proceed forward with securing funding
to accurately and efficiently take care of this. That’s all for me, Mr. Mayor, thank you.
Mr. Mayor: Commissioner Davis.
Ms. Davis: Thank you, Mr. Mayor. I don’t know if this is for the Legal Department or to
the Clerk. I know you have to store the documents for a certain amount of years. Do those have
to be in paper or can they be digitalized and saved as well for that whatever amount of years they
have to be restored or does it have to be paper copies?
The Clerk: A good question, Ms. Davis, I’m glad you asked that. Digitalization, that
sounds good and it’s quite progressive and in fact we are in a process of digitizing some of our
older records. State law however requires that those documents your ordinances your minutes
your resolutions your easements that those permanent hard copies be maintained. One of the
reasons being is we’re often subpoenaed for court records and the Attorney could attest to this if
32
he likes or not. But we’ve been told that the court usually want wet signatures when they
subpoena documents for court records. So for that reason and the reason that state law requires
that we keep those documents in permanent format, yes, ma’am, we do have to keep them even if
we digitize them. And I’ll give you one example and I won’t be long. The Clerk’s office was
issued a court challenge some years ago because records that we had on line somehow
disappeared. Ms. Allen can attest to this. There was a malfunction in the software and we were
challenged that we had somehow destroyed city records. We went to court. It was only because
I could produce the 250 documents that they accused us of destroying from our permanent hard
copies the case was dismissed. Now I had I not been able to produce those records I guess we’d
still be in court now. So that’s just one example of the necessity for us keeping those records
along with state law. Your own law states that those records have to be kept in a bound book not
digitized. That’s in the county Charter as well as the Augusta Code Book. So for those reasons
alone I don’t know if the Attorney differs from what I’ve just stated and if so he can attest to that
now. But that’s where the Clerk’s office stands.
Ms. Davis: Thank you.
Mr. Mayor: Okay, Ms. Allen, what, and, Commissioner Williams, I’ve recognized you
twice and given you two points of personal privilege so do you need us to give you I mean a
motion to help you move forward today?
thth
Ms. Allen: Yes, we need to at least get the infilling done for the 8 and 9 floor at least
thth
because right now we’ve you know instructed them not to do any construction. The 8 and 9
floors are going to have to be in-filled regardless of what the decision is regardless of what
option is selected with the options that were provided. So we at least need to be able to move
forward on that because the more time like I said earlier, the more time that we have these
contractors here the more it’s costing us.
Mr. Mayor: Would somebody like to make a motion to that effect?
Mr. Lockett: Mr. Mayor, I move that we approve to proceed with construction and the
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infilling of the 8 and 9 floors.
Mr. Johnson: I’ll second that motion.
Mr. Mayor: Okay, we have a motion that’s been made and properly seconded.
Commissioners will now vote by the usual sign.
Mr. Williams: Mr. Mayor, you’ve got a motion on the floor and I got my hand up.
Mr. Mayor: Commissioner Williams, I’ve recognized you twice and given you two
points of personal privilege.
Mr. Williams: That’s before the motion was made, is that right? After the motion was
made I mean and I’m not I’m in favor but I just think that something needs to be said ---
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Mr. Mayor: Commissioner Williams, I would say that this is due to the fact that we’re
limited on time here with regards to recognizing people this is as we go through the budget
conversation tomorrow this would be a good topic of conversation for the retreat as well.
Mr. Williams: It will not be on our records tomorrow and I just wanted to make it public
record ---
Mr. Mayor: Commissioner Williams, I have called for the vote.
Mr. Williams: Okay, Mr. Mayor.
Ms. Davis: Mr. Mayor, can I ask clarification on the motion?
Mr. Mayor: Madam Clerk?
Ms. Davis: So you’re just proceeding as it’s, the plan was originally. This is what we’re
thth
approving with no any changes to the 8 and 9 floor.
Ms. Allen: What we’re doing right now is just to do the infilling. Now we will need
approval. I know you’ve approved for the Clerk of Commission to be relocated however we will
need the funding approved for that to take place. So what you’re approving today is basically
thth
just for us to go ahead and complete the infilling of the 8 and 9 floor.
Ms. Davis: Thank you.
Mr. Mayor: Okay, we have a motion that’s been made and properly seconded.
Commissioners will now vote by the usual sign.
Mr. Williams votes No.
Mr. Fennoy and Mr. Guilfoyle out.
Motion Fails 5-1.
Mr. Mayor: No action taken. Madam Clerk, next agenda item.
The Clerk:
ADMIISTRATOR
14. Update from the Interim Administrator regarding the new Information Technology
building.
Mr. Mayor: Madam Administrator.
Ms. Allen: Okay, just to give you an update on the Information Technology Building. A
little background there was actually a committee was formed consisting of Information
technology staff. The committee actually visited other Technology facilities just to see how
other agencies were operating, to see what they had in their actual construction. The committee
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worked with the architects to make sure that the technical needs were met as far as our data
center and everything else that we need in our in regards to our GIS. We actually have the
committee presented the draft drawing to the entire Information Technology staff and each of the
information technology staff were afforded the ability to provide some input. The general
consensus was the Information Technology Department not only is it a city department a city
building a city function but it’s something that was important for all of the people that work in
the Information Technology Department to be a part of. So we all met and made sure that we all
came with the consensus. The next thing that we had was to make sure that it met with the
historic, Augusta Historic Preservation so we met with that commission to actually go over the
building design and got their actual approval. And then the actual drawings were finalized.
Unfortunately I don’t have a great picture or diagram of the outside of the building with me as
far as talked about that but this is just one of the architectural drawings of the west elevation of
the actual building. It will be two floors for the Information Technology office department and it
will actually have you know what’s necessary to accommodate the actual needs of the
Information Technology Department because right now they’re currently working in like three or
four different areas. So this consolidates all of it into one area and it also provides room for any
potential growth that may be necessary. This is a layout of the Information Technology
Department. Unfortunately I could not get a color layout but this is actually the layout of the
first and the second floor of the building and as you can see the, you may not be able to tell from
the sketches but I guess Commissioner Williams can tell because he has the actual plans.
The Clerk: He has eleven copies.
Ms. Allen: He has eleven copies so he can see it. The Data Center is actually located on
the second floor and we have the training which will be located on the first floor and we’ll have
the various operations that will be put out throughout the actual building. The tentative timeline
for the Information Technology Department as you are aware the construction has already
started. They’re scheduled to have the slab on grade in September and then the second floor slab
in October. They’re going to set the deck, the roof deck in October as well as complete the
roofing in November and have the substantial completion of the first floor by February of 2015,
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the second floor March of 2015 and with hopes of final completion April 8 of 2015. And I’ll
address and questions that you may have as it relates to the Information Technology Building.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. In lieu of what we’ve got here already I asked for
a copy of that and I got those eleven copies sent to my house but they were in good hands, I
brought them back. I’m hearing from the Interim Administrator about the committee that was
formed but I want to know were there any Engineering Services in the Commission included in
on that with any committee discussion? I mean we see what we’ve got here now and
everybody’s excited, we thought we had something. So I’m not trusting anymore, that’s not easy
that’s not hard to figure out I guess. But I want to know why wasn’t someone who got to vote on
it either the Engineering Chairman or Public Safety Chairman somebody else was brought in to
at least have an input on what the committee come up with or what ya’ll decided or what it was
going to be because that didn’t happen in this room. So I’m wondering now why since we
learned hoped we learned from our mistakes why aren’t we including? Some may not want to
35
participate but if we didn’t have an opportunity to participate we couldn’t. So was any of the
committee members Engineering anybody was allowed a part of that group?
Ms. Allen: I’m not sure, Commissioner Williams. I know the information was presented
to the Commission before and I’m not sure what level of detail was presented in the past when it
was actually approved.
Mr. Williams: Okay, well, just like the other Ragu sauce when you put all that stuff in
one box and you suspect somebody to look down there and see I wanted a floor plan. I didn’t
need mechanical drawings, I didn’t need to know where the pipes were running I didn’t need to
know what line was running. I wanted to see the floor plans as to what we were going to have as
a final project not all of the different facets of the architect work.
Mr. Mayor: I’ll give you another two.
Mr. Williams: No, sir, I’m through. I don’t need (unintelligible).
Mr. Mayor: Mr. Mayor Pro Tem.
Mr. Johnson: Thank you, Mr. Mayor. I do concur with Commissioner Williams. I think
we do need to make sure we get a jump on this here as it is now and at the same time make sure
we understand exactly what we want that building to be like and exactly make sure that the cost
comes in at what it needs to be as well. I do think at this point we’ve got to look at several
options here before that facility if even resurrected if you will because we do have some real
issues with some of the stuff that we’re doing in this particular building. But I think you know if
we could tomorrow I would really like to have some dialogue about that as it relates to that
facility and at the same time look at some other options going forward with this facility because
again, you know, money is not just falling out of the air for us to do what we need to do and
we’re about to make some very tough decisions so hopefully tomorrow we can have some
dialogue on it. So I just wanted to kind of put that out there so we could bring something out this
evening.
Mr. Mayor: Yes, sir, Commissioner Lockett.
Mr. Lockett: Mr. Mayor, I don’t know the appropriate way to do this but on this previous
agenda item that we voted down I think we probably need to reconsider because of the cost
implications. I don’t think we want to incur an additional cost for something we’re going to
eventually approve.
Mr. Mayor: And I believe, Mr. MacKenzie, that would be, come under a motion to
reconsider agenda item number 13.
Mr. MacKenzie: That’s correct.
Mr. Mayor: Can I get a motion to that effect?
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Mr. Lockett: I move that we reconsider agenda Item #13.
Mr. Grady Smith: Second.
Mr. Mayor: 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. Williams: I had a question, Mr. Mayor, and I’d like to ask that question about the
item ya’ll want to reconsider.
Mr. Mayor: Commissioner Williams.
Mr. Williams: And my question was we’re talking about, Ms. Allen gave a very
informative report but the additional money we’re talking about I don’t see this city paying any
additional money to change anything for what we, now I can understand material, I can
understand material. I mean that might be an addition but I’m not going to support any
additional money this government has to pay through the URA doing a bond or anything else.
What we received from the people we’ve got in place who’s supposed to be looking out for us,
supposed to be doing the architect work. Commissioner Lockett brought it up last week about
moving these facilities down. We’re all leaning to one side on the left and one side on the right
and you’re floating in the middle, Mr. Mayor. This was totally wrong and I don’t think this
government ought to have to pay for someone who do a bad job for us and we’re going to pay
them and then act like we like it. I can’t do that.
Mr. Mayor: Okay, we have a motion that’s been made and properly seconded.
Commissioners will now vote by the usual sign.
Mr. G. Smith: Mr. Mayor.
Mr. Mayor: Commissioner, I’ll give you, I’ve called for the vote. I’ll give you a point of
personal privilege afterward.
Mr. Williams: What are we voting on?
The Clerk: To reconsider Item #13.
Mr. Williams votes No.
Mr. Johnson, Ms. Davis, Mr. Mason, Mr. Lockett and Mr. Grady Smith vote Yes.
Mr. Fennoy, Mr. Jackson, Mr. Donnie Smith and Mr. Guilfoyle out.
Motion Fails 5-1.
Mr. Mayor: Okay, no action taken so we’re completed with our agenda. So, Mr.
MacKenzie, you said that you had the need for a very brief legal meeting.
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Mr. MacKenzie: Yes and it’s for the item we discussed at the last Legal meeting. It has
an urgent timeline. It shouldn’t take long at all. We also have some real estate matters that also
are very short in time.
Mr. Mayor: So what would you like the motion to be?
Mr. MacKenzie: Just a motion to go into a Closed Meeting to discuss Pending and
Potential Litigation, Real Estate.
Mr. Johnson: Mr. Mayor, we lost our quorum. We can’t even adjourn the meeting.
Mr. Mayor: Okay. Commissioner Smith.
Mr. Grady Smith: I just want to say, you know, we’ve got a lot of finger pointing on this
building here and first of all we assembled a staff and then got designed and everything. And
one thing about and I’m in construction so I know how the game plays but you know we tell
them what we want drawn, how we want it drawn what rooms and all that. So, you know, let’s
stop beating on those folks and when we made a mistake let’s be man enough to stand up to the
podium and say hey, we let this go by let this go by but then all of a sudden point and say it’s the
architects fault this and that. They draw and then implement what we want them to implement.
We’re the ones writing the checks.
Mr. Mayor: Okay, we’ve lost our quorum.
Mr. Grady Smith: Let’s be fair and that’s all I’m asking. You know, I don’t like it any
more than anybody else. I think a lot of work was done and then all of a sudden we’re going
back pecking it to death. That’s something that just don’t sit with me.
Mr. Johnson: We can adjourn?
Mr. Grady Smith: We adjourned or what? Yes, he’s back.
Mr. Mayor: We have a quorum back. Commissioner Lockett. Okay, we have
reconvened our quorum and we have a motion that’s been made Mr. MacKenzie.
Mr. MacKenzie: That was a motion to go into a Closed Legal Meeting to discuss
Pending and Potential Litigation and Real Estate.
Mr. Mayor: Madam Clerk, was that made ---
The Clerk: No, we didn’t have a motion for that. We lost our quorum before that.
Mr. Mayor: Okay, now we have our quorum back. We have a motion that’s been made
or we do not have a motion that’s been made. We have a request for a motion to reflect the
wishes of the Attorney. Can I get a motion to that effect?
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LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
ADDENDUM
19. Motion to approve going into a Legal meeting.
Mr. Lockett: I move that we go into Legal.
Mr. Mayor: Can I get a second? Mr. MacKenzie?
Mr. MacKenzie: I can do this very quickly. It’s the same case we discussed last time. It
shouldn’t take, a short time.
Mr. Johnson: I’ll second it.
Mr. Mayor: Okay, we have a motion that’s been made and properly seconded.
Commissioners will now vote by the usual sign.
Mr. Fennoy and Mr. Guilfoyle out.
Motion Passes 6-0.
Mr. Mayor: We are in Legal.
[LEGAL MEETING]
Mr. Mayor: Not going anywhere for a while? Okay, I’ll go ahead and call the meeting
back to order. Mr. MacKenzie.
19. Motion to approve execution by the Mayor of the affidavit of compliance with
Georgia’s Open Meeting Act.
Mr. MacKenzie: I would entertain a motion to execute the Closed Meeting
affidavit.
Mr. Lockett: So moved.
Mr. Johnson: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioners
will now vote by the usual sign.
Mr. Fennoy, Mr. Jackson, Mr. D. Smith and Mr. Guilfoyle out.
Motion Passes 6-0.
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Mr. Mayor: Mr. MacKenzie.
ADDENDUM
Motion to approve authorizing the settlement of all claims of Monique Holman;
Mr. MacKenzie: I would entertain a motion to approve a Resolution authorizing the
settlement of all claims of Monique Holman in the amount of $55,500.00 authorizing the Finance
Department and Administrator to disburse this amount.
Mr. Lockett: Move to approve.
Mr. Mason: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioners
will now vote by the usual sign.
Mr. Fennoy, Mr. Jackson, Mr. D. Smith and Mr. Guilfoyle out.
Motion Passes 6-0.
Mr. Mayor: Mr. MacKenzie.
ADDENDUM
Motion to approve a Resolution authorizing the transfer of real property known as Map
and Parcel No. 037-4-001-04-0 from the Downtown Development Authority of Georgia to
Augusta, Georgia.
Mr. Lockett: Motion to approve.
Mr. Mason: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioners
will now vote by the usual sign.
Mr. Fennoy, Mr. Jackson, Mr. D. Smith and Mr. Guilfoyle out.
Motion Passes 6-0.
Mr. Mayor: Mr. MacKenzie.
ADDENDUM
Motion to approve a Resolution approving and granting an easement to Atlanta Gas Light
for 1725 Tobacco Road.
Mr. G. Smith: So moved.
Mr. Lockett: Second.
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Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioners
will now vote by the usual sign.
Mr. Fennoy, Mr. Jackson, Mr. D. Smith and Mr. Guilfoyle out.
Motion Passes 6-0.
Mr. Mayor: With no further business to come before the body, we stand adjourned.
[MEETING ADJOURNED]
Lena Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of The Augusta Richmond County Commission held on
June 26, 2014.
______________________________
Clerk of Commission
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