HomeMy WebLinkAboutRegular Commission Meeting September 2, 2014
REGULAR MEETING COMMISSION CHAMBER
SEPTEMBER 2, 2014
Augusta Richmond County Commission convened at 2:00 p.m., September 2, 2014, the
Hon. Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Mason, D. Smith, Williams, Fennoy, Johnson,
Hasan, Davis, G. Smith, members of Augusta Richmond County Commission.
Mr. Mayor: Madam Clerk, are you ready?
The Clerk: Yes, sir.
Mr. Mayor: Okay, in the interest of time I’ll go ahead and call the meeting to order and
standing in to do the invocation I’d like to call on my good friend Judge David Watkins please.
The Invocation was given by Judge Davis Watkins.
Mr. Mayor: Please join me in the pledge.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Your honor, thank you for standing in on that one and well done. Madam
Clerk, on to the recognitions.
The Clerk:
RECOGNITIONS
Employee of the Month
A. Ms. Barbara Moss, Mail Clerk I, Procurement Department, September 2014 Employee
of the Month.
The Clerk: Ms. Moss along with the department director. Ms. Hudson, would you like to
join her you and Jessica since you all nominated her? As Ms. Moss and her department director
make their way forward Commissioner Lockett would you like to come on behalf of
Administrative Services? The Employee Recognition Committee has selected Barbara Moss as
the September 2014 Employee of the Month for Augusta, Georgia. Ms. Moss is Mail Clerk I in
the Procurement Department where she has been employed for almost 11 years. She was
nominated by Jessica Wilford and Sarah Hudson. Barbara always performs her job above and
beyond what is required. She consistently gives service with a smile. She takes pride in making
sure that the mail is delivered and collected in a timely and accurate manner. Barbara’s happy,
friendly, energetic, polite and has a bubbly personality. Although her job consists of delivering
substantial amounts of mail to our numerous departments throughout the city she never fails to
take on another task to help others. She has proven to be a very giving and loyal individual who
is willing to lend a hand without solicitation. She is the epitome of a model employee as she
regularly demonstrates in carrying out her duties her daily job assignment. She’s resourceful
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highly motivated competent and always strives to provide excellent service. She’s especially
driven to insure that she visits every department on those days when she’s the only mail currier
working. This is a feat in and of itself because her work load absolutely doubled on these
occasions yet she still manages to make deliveries to the correct addresses. Barbara strategically
plans her route each day to insure that her time is used cost effectively. Her actions always result
in the conversation of gas while operating the government vehicle she uses in undertaking her
daily duties. The Employee Recognition Committee felt that based on this nomination and
Barbara’s outstanding service we would appreciate you in joining us in recognizing her as the
September 2014 Employee of the Month. (APPLAUSE).
Ms. Moss: Thank you, Sarah, Jessica, for everything that ya’ll have done to make this
happen for me. And I just thank God this is a blessing to be up here today and what I went
through on last week. Thank ya’ll so much.
Mr. Mayor: And I’d just like to say, Barbara, you are a breath of fresh air. I look
forward to seeing you every day. You have made some of the most difficult days in the past nine
years so much easier with your smile. So I just want to say thank you.
Ms. Sams: An award like this is always significant and people like, when they’re trying
to do their very best. And Barbara has always exemplified the character that trying to do the
very best that she can do. And last week was quite a struggling week for Barbara. She was
going on vacation and was called to the hospital for her son. So we want you to pray for her and
her family. And Barbara was so happy to have you here today and I cannot think of a more
deserving person to receive this award. Thank you very much for what you do for the city of
Augusta. Thank you. (APPLAUSE).
Mr. Lockett: For the sake of time I’d just like to ditto everything that’s been said about
Barbara. This young lady she’s a breath of fresh air. I don’t care what kind of mood you’re in if
you talk we her for a couple of seconds you are going to be smiling no matter what. I mean she
is the public in a public servant and I hope by virtue of her receiving this recognition that we’re
going to be able to increase her salary and pay her what she so rightfully deserves. Thank you.
Ms. Wilford: Thank you, Barbara. Thank you so much for everything you do.
Ms. Hudson: Well, you know I thank you, Barbara, and I think we’ve said what we
wanted to say all about you. Okay? (APPLAUSE)
Mr. Mayor: Madam Clerk, on to the consent agenda, please, ma’am.
The Clerk: Yes, sir. Our consent agenda consists of items 1-31, items 1-31. For the
benefit of any objectors to our alcohol petitions would you please signify your objections by
raising your hand once the petition is read. I call you attention to:
Item 2: Is a request for an on premise consumption Liquor, Beer and Wine license to be
used in connection with Brunswick National Lanes located at 3067 Washington Road.
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Item 3: Is a request for an on premise consumption Liquor, Beer and Wine license to be
used in connection with Red Lobster located at 2847 Washington Road.
Item 4: Is an on premise consumption Liquor, Beer and Wine license to be used in
connection with Red Lobster Restaurant located at 440 Walton Way.
The Clerk: Are there any objectors to any of those alcohol petitions? Mr. Mayor,
members of the Commission, our consent agenda consists of items 1-31.
Mr. Mayor: Thank you, ma’am. Lady and gentlemen, do we have any additions to the
consent agenda? Commissioner Guilfoyle.
Mr. Guilfoyle: I’m sorry (inaudible). Never mind.
Mr. Mayor: Okay. Commissioner Smith.
Mr. D. Smith: Mr. Mayor, I’d offer number 35 if my colleagues will allow that to go
forward.
Mr. Mayor: Any further additions to the consent agenda? Any items to be pulled for
discussion? Commissioner Mason.
Mr. Mason: Yes, item 1, 8 and 9.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor, I’d like to pull item 11, 15 and 21. I’m not
against those, I just need some clarity. Some of those was passed on from committee that we
didn’t have time to.
Mr. Mayor: Do you want to go ahead and get some clarity on those so we can potentially
leave them on the consent agenda?
Mr. Williams: I’ve got no problem with that if we go to number 8 I think Commissioner
Fennoy ---
Mr. Mayor: That was Commissioner Mason.
Mr. Williams: Yeah but I needed to get some clarity with that one but if we’re going to
go to eleven we can do that.
Mr. Mayor: Okay, let’s go to eleven. Chief?
Chief James: Yes, sir.
Mr. Mayor: Commissioner Williams.
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Mr. Williams: Yes, sir. Chief, I’m not opposed to this item but it said the replacement of
a unit and then it says update. I mean what, I realize if we’re replacing we’ll be updating but this
is ---
Chief James: Right. We have three command vehicles. Last year we replaced for
Battalion 2 and Battalion 3 and this year we budgeted to replace Battalion 1’s and so this is the
replacement of Battalion 1.
Mr. Williams: Okay, I guess my next question would be we had it in the budget to
replace it ---
Chief James: Yes, sir.
Mr. Williams: --- and the cost is in the budget that’s why we were doing it?
Chief James: No, sir, it met the requirements that Fleet handed out. It’s 10 years old, it’s
a front line emergency vehicle that’s over 10 years old and it has over the allotted 100,000 miles.
I think it’s 120 something thousand on this one.
Mr. Williams: Okay, I’ve got no problem, Mr. Mayor, I justneeded to know what was
that.
Mr. Mayor: Okay. Yes, sir, Commissioner Fennoy.
Mr. Fennoy: Chief, when we replace a vehicle that’s over the mileage what do we do
with that vehicle.
Chief James: Well, depending on the condition we’ll always have to have some reserve
vehicles for when those vehicles go to the shop then this, like this one will be sitting in reserve so
when one of the other battalion’s chief vehicles go to the shop for service they’ll be able to ride
in this one depending on the condition then we’ll put it up for auction.
Mr. Fennoy: All right. Thank you.
Mr. Mayor: So, Commissioner Williams, you’re good with eleven?
Mr. Williams: I’m good with eleven.
Mr. Mayor: Do we have somebody to speak to agenda item number fifteen? Ms.
Williams.
Ms. Williams: Yes, sir.
Mr. Williams: Ms. Williams, I was just looking at item ---
Mr. Mayor: Commissioner Williams.
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Mr. Williams: --- I don’t know (unintelligible), Mr. Mayor, but I just wanted to know
what were we doing to approve this item is as in what?
Ms. Williams: We’re making a small correction. The calendar was already put forth and
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adopted. We inadvertently picked up October the 15 as the date of the second meeting rather
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than the 21 which is actually the scheduled meeting for October. Just a typographical clerical
type error.
Mr. Williams: But passing this wouldn’t change anything else though other than the date.
Ms. Williams: Yes, sir, just the date.
Mr. Williams: Okay, I just ---
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Ms. Williams: We listed the 15 and we corrected it to the 21.
Mr. Williams: No problem, Mr. Mayor, we can add that one in.
Mr. Mayor: You’re good on that one? About 21, Mr. Ladson.
Mr. Ladson: Yes, sir.
Mr. Mayor: You’re question for clarity, Commissioner Williams.
Mr. Williams: Thank you. Mr. Ladson, we talked about this. This is the Wrightsboro
the Wheeler Road Highland Avenue we talked about a lot less amount of money to do that. And
I know you say you’ve got some people that are working. But Mr. Cassell had said he was going
to get some information and let me know what exactly what we’re doing. And we’re talking
about $137,300 versus what we initially said. And I know you’ve got other work but can
somebody ---
Mr. Ladson: Mr. Mayor, members of the Commission, the item that was discussed at the
Commission probably about three or four months ago was the that item which is the crosswalk
and those types of items that is related to traffic it’s about $30,000 which was included which is,
would be a part. The project actually could’ve, could’ve taken a hit on that but we have a lot of
sidewalk issues and of course with the ADA compliance and everything we have going on now
we need to go ahead and get those taken care of if we have a project that’s under construction.
So that’s where if you look at the backup that’s where you actually have in your $84,000 which
is for the sidewalks.
Mr. Williams: Okay, Mr. Mayor, I’m not too happy with that one because of the way
that came about. I mean we go in and then we start something and then we end up having to go
over the whole thing. And I understand what you’re saying, Abie, while you’re in there you
want to do that work but that wasn’t the initial scope when we started out. We were going to
make the streets safer about putting in some crosswalks, taking down a couple of trees.
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Mr. Ladson: And that’s correct. At the time we hadn’t even started construction out
there. And then we started looking at the sidewalks and looking at the trip hazards and you’re
looking at the ADA standards. You know if you do an improvement you need to go ahead and
correct the issues that are out there.
Mr. Mayor: Are you good?
Mr. Williams: I’m good, Mr. Mayor. I’m not good but I’m going to let (inaudible).
Mr. Mayor: Okay. Commissioner Fennoy.
Mr. Fennoy: Mr. Ladson ---
Mr. Ladson: Yes, sir.
Mr. Fennoy: --- is it possible that when we start other projects like that that we could
include the ADA standards so that we don’t have to come back with the change order once the
project gets, I mean gets under construction?
Mr. Ladson: Yes, let me clarify. This normally on our projects just straight local
projects I mean that’s we look at all of those issues. Now this project was actually budgeted
back in 2010 because it’s a TIA project, it’s a TSPLOST project so it wasn’t included in the
scope but you know like I said if we’re out there and we’re doing improvements out there it’s
very difficult especially when you’re dealing with ADA to leave knowing you’re going to do
some improvements you know do the ramps and those types of things. So it’s just like I said we
were talking about two different projects. For our local SPLOST projects that’s what we
normally do but this was not included in the TIA project. And let me reiterate that this is a TIA
project.
Mr. Fennoy: All right.
Mr. Mayor: Okay. We can take 21 off of there. And, Madam Administrator, I believe
you wanted to speak to ---
The Clerk: Item 23.
Ms. Allen: Yes, Mr. Mayor, members of the Commission, I would just like to ask that
additional verbiage be added to item 23 stating that the information proper documentation be
presented to the Procurement Department.
Mr. Mayor: Okay. Thank you, ma’am. And, Madam Clerk, just for the before I look for
a motion to approve the consent agenda I believe the pulled items 1, 8 and 9 correct?
The Clerk: Yes, sir, 1, 8 and 9 and with the addition of item 35 on the consent.
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Mr. Mayor: Can I get a motion to approve the consent agenda?
Mr. Johnson: So moved.
Mr. D. Smith: Second.
PUBLIC SERVICES
2. Motion to approve New Ownership Application: A.N. 14-30: request by Ryan J.
Matheson for an on premise consumption Liquor, Beer and Wine license to be used in
connection with Leiserv, LLC DBA Brunswick National Lanes located at 3067 Washington
Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services
Committee August 25, 2014)
3. Motion to approve New Ownership Application: A.N. 14-31: request by Carl Frazier for
an on premise consumption Liquor, Beer and Wine license to be used in connection with
Red Lobster Restaurants, LLC DBA Red Lobster #0290 located at 2847 Washington Rd.
There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services
Committee August 25, 2014)
4. Motion to approve New Ownership Application: A.N. 14-32: request by Carl Frazier for
an on premise consumption Liquor, Beer and Wine license to be used in connection with
Red Lobster Restaurants, LLC DBA Red Lobster #174 located at 440 Walton Way. There
will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee
August 25, 2014)
5. Motion to approve the selection of ADK Executive Search as the firm to assist the
Augusta Aviation Commission in their search for a new Airport Executive Director upon
the retirement of Mr. Gary Le Tellier as approved by the Augusta Aviation Commission at
their July 31, 2014 meeting. (Approved by Public Services Committee August 25, 2014)
6. Motion to approve the Federal Aviation Grant (FAA) 3-13-0011-037-2014 for the
Augusta Regional Airport in the amount of $1,256,526. This grant must be fully executed
and returned to the FAA before September 15, 2014. (Approved by Public Services
Committee August 25, 2014)
7. Motion to approve the selection of SDI-isys, LLC as the Fiber Optic and Security
Camera upgrade Project Contractor as approved by the Augusta Aviation Commission at
their July 31, 2014 Meeting. (Approved by Public Services Committee August 25, 2014)
FINANCE
10. Motion to approve the acquisition of one new animal transport truck to upgrade the
Animal Services Department’s transport fleet. (Approved by Finance Committee August
25, 2014)
11. Motion to approve the replacement of one new emergency response vehicle to update
the August Fire Department’s emergency response fleet. (Approved by Finance Committee
August 25, 2014)
12. Motion to approve 2 Public Safety Vehicles for the Sheriff’s Office-Civil Transportation
Division for the purpose of transporting prisoners to and from prisons within Georgia and
other States. (Approved by Finance Committee August 25, 2014)
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13. Motion to approve the replacement of 2 pickup trucks for inspectors of Augusta
Utilities Department-Admin/Engineering Division. (Approved by Finance Committee
August 25, 2014)
14. Motion to approve a request from the Accountability Court to move $13,000 from fund
204022320/5111110 (Permanent full-time S&W) to fund 204022320/5006120 (Supplemental
Pay). (Approved by Finance Committee August 25, 2014)
15. Motion to approve Revised 2015 Budget Calendar. (Approved by Finance Committee
August 25, 2014)
ENGINEERING SERVICES
16. Motion to approve Supplemental Agreement One to Moreland Altobelli Associates,
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Inc., in the amount of $55,254.00 for the funding of Design Consultant Services on the 7
Street Bridge over the Augusta Canal-Bridge Replacement as requested by the AED.
(Approved by Engineering Services Committee August 25, 2014)
17. Motion to authorize condemnation t acquire title of a portion of property for right of
way, permanent construction and maintenance easement, and two temporary driveway
easements (Parcel 227-0-039-00-0) 4769 Windsor Spring Road. (Approved by Engineering
Services Committee August 25, 2014)
18. Motion to authorize condemnation to acquire title of a portion of property for
permanent easement, temporary easement for construction, and temporary easement for
driveways (Parcel 041-3-001-00-0) 1414 Marks Church Road. (Approved by Engineering
Services Committee August 25, 2014)
19. Motion to approve Augusta Utilities and Tag Office Peach Orchard Commons
Estimated Furniture & Equipment Costs. (Approved by Engineering Services Committee
August 25, 2014)
20. Motion to approve Supplemental Agreement #1 to fund the final design phase in the
amount of $138,462.00 to Moreland Altobelli Associates, Inc., for the Broad Street Bridge
over the Augusta Canal, and the Broad Street Bridge over Hawks Gully as requested by
the AED. (Approved by Engineering Services Committee August 25, 2014)
21. Motion to approve Change Number One and Change Order One in the amount of
$137,300.00 for Transportation Investment Act (TIA) Project, Highland Avenue
Resurfacing from Wrightsboro Rd. to Wheeler Rd., with Blair Construction, Inc. for
improvement of cross walk additional work. Funding is available in TIA Discretionary
account as requested by AED. (Approved by Engineering Services Committee August 25,
2014)
22. Motion to approve and accept the Resolution and Agreement from GDOT consenting to
pay for the relocation of utilities for the Windsor Spring Road Phase IV Improvements
Project and authorize Augusta’s Legal Counsels and the Mayor to execute this Resolution
and Agreement as requested by AED. (Approved by Engineering Services Committee
August 25, 2014)
23. Motion to approve Supplemental Agreement and approve contractor Larry Pittman &
Associates, Inc. for the James Brown Blvd. Streetscape Project, Phase I. It will encompass
the area from Jones Street to Telfair Street and from Walton Way to Barnes Street. New
concrete sidewalks will be installed with brick accents at the corner aprons and light poles.
All improvements will be ADA compliant. New Trees, pedestrian crosswalk striping and
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trash receptacles will be added. Contract amount of $652,132.25. (Approved by
Engineering Services Committee August 25, 2014)
24. Motion to approve entering into an agreement with Georgia Power, stating that the
City of Augusta will pay for the Transmission Facility Relocation Costs on the Marks
Church Road Project in accordance with the estimate, totaling $1,639,687.00. Also,
approve the Utility Relocation Agreement be executed by the City of Augusta’s Legal
Counsels and the Mayor, and approve payment upon completion of the work as requested
by Augusta Engineering Department. (Approved by Engineering Services Committee
August 25, 2014)
25. Motion to approve entering into an agreement with Atlanta Gas Light Company
(AGL), stating the City of Augusta will pay for the AGL Facility Relocation Costs on the
Marvin Griffin Road Project in accordance with the estimate totaling $70,000.00. Also,
approve the Utility Relocation Agreement to be executed by the City of Augusta Legal
Counsel and the Mayor, and approve payment upon completion of the work as requested
by Augusta Engineering Department. (Approved by Engineering Services Committee
August 25, 2014)
26. Motion to approve procurement of Replacement Parts for Hypochlorite Generation
Equipment. (Approved by Engineering Services Committee August 25, 2014)
27. Motion to allow Augusta Utilities Department to authorize Systems and Software to
proceed with replacement of payment processing vendor and purchase of additional
customer service billing software modules. (Approved by Engineering Services Committee
August 25, 2014)
28. Motion to approve awarding of the annual Street Lighting Bid No. 14-169 to Graybar,
the lowest compliant bidder in the amount not to exceed, in aggregate, $100,000. (Approved
by Engineering Services Committee August 25, 2014)
29. Motion to approve entering into an agreement with Bellsouth Telecommunications,
LLC d/b/a AT&T Georgia stating that Augusta, Georgia will be responsible for the cost to
relocate their facilities on the project to improve Windsor Spring Road Phase IV, Willis
Foreman Road to Tobacco Road, CPB# 323-04-299823766. Also, approve for the Augusta,
Georgia Legal Counsel, Mayor and other designated representatives of Augusta, Georgia
to execute three (3) Utility Relocation Agreements which state that, upon completion of the
work payment will be made as requested by the Augusta Engineering Department.
(Approved by Engineering Services Committee August 25, 2014)
30. Motion to approve entering into an Agreement with Georgia Transmission Corporation
stating that Augusta, Georgia will be responsible for the cost to relocate their transmission
facilities reference the project to improve Windsor Spring Road Phase IV, Willis Foreman
Road to Tobacco Road, CPB# 323-04-299823766. Also, approve for the Augusta, Georgia
Legal Counsel, Mayor and other designated representatives of Augusta, Georgia to execute
three (3) Utility Relocation Agreements which state that, upon completion of the work,
payment will be made as requested by the Augusta Engineering Department. (Approved by
Engineering Services Committee August 25, 2014)
PETITIONS AND COMMUNICATIONS
31. Motion to approve the minutes of the regular meeting of the Commission held August
19, 2014 and Special Called Meeting held August 25, 2014.
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PUBLIC SAFETY
35. Approve KME as the vendor to refurbish the Fire Department LTI (tiller aerial truck)
The Augusta Fire Department has negotiated a final price of $278,105 that includes
refurbishment of the LTI and a special option to retrofit the new axle with a new
Hendricson air spring suspension at no extra cost.
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner
Davis.
Ms. Davis: Thirty-seven we voted on last week and approved. I don’t know if we need
to dispose or what we do with that.
Mr. Mayor: Madam Clerk.
The Clerk: Item 37 as a procedural matter this item was placed on both the Called
Meeting Agenda and the Finance Committee Agenda. During the course of the Finance meeting
there was a motion to delete this item which did not have a majority vote of the Finance
Committee so it was forwarded to the Commission as a procedural matter to dispose of.
Mr. Mayor: Okay. Well, we have a motion that’s been made and properly seconded.
Commissioner Guilfoyle.
Mr. Guilfoyle: Yes, Madam Clerk, just for the record under Public Service the minutes
from the committee where it has been approved it should’ve passed 3-1.
The Clerk: Which one, sir?
Mr. Guilfoyle: Item under Public Service item number one as far as the minutes, ma’am.
The Clerk: Yes, sir, it’s on the consent agenda.
Mr. Guilfoyle: Yes, ma’am, it is but just for point of record.
The Clerk: Okay.
Mr. Guilfoyle: Thank you so much.
The Clerk: You’re welcome.
Mr. Mayor: Okay, Commissioners will now vote by the usual sign.
Motion Passes 10-0. [Items 1-31, 35]
Mr. Mayor: Madam Clerk, let’s go to the pulled items first.
The Clerk:
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PUBLIC SERVICES
1. Motion to approve an Ordinance amending Augusta, Georgia Code, Title 6, Chapter 2,
Article I, Alcoholic Beverages, Sections 6-2-1 through 6-2-145 as recommended by the
Planning and Development Department. (Approved by Public Services Committee August
25, 2014)
Mr. Mayor: Mr. Sherman.
Mr. Sherman: Okay, Mr. Mayor, Commissioners at the committee meeting last week I
presented to you proposed amendments to the alcohol ordinance. But before we get started there
are some license holders present today and if you raise your hands just so we know, so we have
several alcohol license holders present today that were not here at the meeting last week. Now
what I told you last week and I’ll just sort of go over it for your benefit today is that over the past
year the Sheriff’s Department and Planning and Development have reviewed the alcohol
ordinance to see what changes need to be made. Over the years we’ve realized we needed to
update some sections whether it be definitions or just the way that some businesses operate
holding and alcohol ordinance. But also we changed in the ordinance and this is where it was
known as the License and Inspection Department. It became known as the Planning and
Development Department with reorganization. Throughout the ordinance that has been changed.
What you received in your backup information is the entire alcohol ordinance but only those
sections that are underlined were changed. Now with the definitions we improved a lot of
definitions just to make them more current with the way that the industry operates. We added as
I mentioned last week a growler and that’s just a jug it’s a legitimate type jug that you can take to
a market that serves crafts beer. They can fill it up, they can seal it, you can take it home. We
also included St. Patrick’s Day holiday period which is March 16th, 17th and 18th. So if you
have an on premise, consumption establishment, a bar and Sunday falls within that time range
then you’re allowed to be open if you approve it that way. We also included a hybrid restaurant
and that’s a restaurant that marginally meets the restaurant qualifications that they have 50%
annual food sales but you can pay a regulatory fee and then after say 9:00 o’clock if you want to
take benefit from this you can pay the regulatory fee you can charge admissions after 9:00
o’clock and you act or operate as if you are a bar. But it also means that only 21 and above are
in. And one of the reasons for the regulatory fee is that the Sheriff’s Department will have to use
their man hours to monitor these places just to be certain there is no one under 21 coming in. For
the liquor stores right now there are ordinances that you cannot operate on Thanksgiving Day
and Christmas Day. The state code says you cannot open on Christmas Day, local authority can
then adopt regulations which the former I think that came from the county where an alcohol
ordinance adopted included Thanksgiving Day. We’re taking Thanksgiving Day out so that all
days a liquor store could be open except on Christmas Day. And again right now the retail
alcohol can be sold on Sunday anyway so we just removed Thanksgiving Day. The more
significant changes are though if you are a restaurant and you sell alcohol the closing hours what
we’re proposing is that the closing hours will be the same as for a bar. So 2:30 on Sunday
morning late Saturday night Sunday morning, 3:00 a.m. Monday through Friday and then there’s
a proposed 10% increase in the alcohol fees. If you have liquor, beer and wine and you’re on the
larger scale restaurant or retail it goes up roughly $466.00 dollars. To put it in somewhat of a
perspective that’s roughly $10.00 dollars a weekend additional tax. The other more significant
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amendment is that all alcohol licenses have to be renewed before the last business day of the
year. So the last business day in December your license has to be renewed. If it isn’t there is a
penalty, minimum penalty of $300.00 dollars or 20% of your license fees. And that in a nutshell
those are the general the proposed amendments and again the more significant ones are the,
everyone closes at 2:30 and 3:00 the 10% increase in fees and the penalty of not renewing you
alcohol license.
Mr. Mayor: Okay. Commissioner Mason, this was your pull and then I’ll go to
Commissioner Fennoy.
Mr. Mason: Okay, really the only thing that I’m concerned with here and the reason why
I pulled it was this 10% increase in the alcohol license fees. What’s the purpose of the 10%
increase?
Mr. Sherman: At the beginning of the year when we were doing the reorganization we
were asked to look at all of our fees and this is just one of the fees. The fees were last increased I
think it was October of 2011 so say for your 2012 alcohol license. And at that time it went up
10% for retail and then on restaurants and bars it was graduated based on your and this was a
new amendment to the code then was it was the fee was graduated based on your occupancy
load. So it went three, five, seven and ten percent. So that was in 2011 looking at our fees
compared it to the other areas in Georgia and we came up with the 10% increase. That 10%
increase will make Augusta’s license comparable, well, less than Atlanta, the City of Atlanta
which is $10,000 for liquor, beer and wine. But for Gwinnett County and DeKalb County it will
be slightly under and then otherwise it’s above.
Mr. Mason: Okay, so I guess I’m hearing you say the only reason why you’re increasing
it is because you just looked around and ---
Mr. Sherman: No.
Mr. Mason: --- just figured that we’re ---
Mr. Sherman: --- no, while we were looking at ---
Mr. Mason: --- not where other counties are or something like that?
Mr. Sherman: --- well, kind of, sort of, but also we were looking at increasing the
revenue to the city. This goes into the general fund okay until recently until the taxes were the
millage rate was increased. When we bring our fees to you it’s generally at this time of the year
and it’s at the beginning or during the budget cycle.
Mr. Mason: Okay, I get now we’re getting to the point where I guess where I’ve got a
little issue with terms of necessary just increasing revenue for the city, we do need revenue.
What the fact of the matter is we need to be able to appropriately handle the revenue that we
have. $144,000 dollars may not seem like a lot in the bigger scheme of things and certainly up
on this Commission we’ve blown a lot more than that. But the fact of the matter is, is when you
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put that on the backs of a small business owner it does become a lot of money to operate and the
question becomes what additional services or standards do we have. And so you’re saying the
fact of being able to sell alcohol and this is supposed to be like a blanket for them because they’ll
be able to sell on Thanksgiving in different spots or how does all that come into play?
Mr. Sherman: No, it’s a tax, that’s the answer.
Mr. Mason: I can clearly, I can clearly see that’s some sort of tax more than a fee. Yeah
and that’s really where I have my issues at. Now we didn’t have a lot of participation. You said
nobody really came to the meetings that were put out or something like that?
Mr. Sherman: No, sir, it was back in July we had three public hearings. We, again we
posted it on our website and there was some media coverage there were articles in the paper but
we really didn’t have much, well, we didn’t have any participation in the public hearings. And I
think I had one call myself from a bar downtown.
Mr. Mason: Okay, well I’m just going to end it with this because I think a lot of what
you see not only with our business owners within the community as well is a laissez faire type
attitude that you know we’re basically going to do what we’re going to do anyway no matter
what they say or how they feel about it. And I think some of that needs to be taken into
consideration sometimes too. Certainly you’ve been in Augusta for a number of decades and
certainly understand some of the challenges that have gone on as far as this government and
citizens are concerned. And I just think ---
Mr. Mayor: I’ll give you two more.
Mr. Mason: --- thank you, Mr. Mayor. I just think that there’s a lot of business owners, a
lot of property owners as well just thinking oh what’s the use of showing what’s the use of
saying anything when at the end of the day if that’s what you’re going to do that’s what you’re
going to do. And that’s a very unfortunate situation to be in. I hope futuristically we can change
that thought process and mindset because that’s a terrible place to be as a business owner and
having that feeling. It’s a terrible place to be as a property owner and as a citizen having that
feeling that no matter what you say, no matter what you do, the government’s going to do
whatever it is that their intent is in the first place. That’s why I asked the question was that we’re
just raising simply because of the fact that we looked around and saw other areas maybe we
weren’t quite as high or whatever. But I believe that there’s a lot of other additional things that I
can’t get into in these two minutes that should be taken into consideration as well when you’re
talking about raising fees on our small business owners who are the backbone of our community.
I think we need to be a little bit more tolerant of that situation. And $144,000 dollars coming
into this government is not a whole lot of money if we don’t have a plan to utilize those revenues
that we have coming in. It could be money that’s even though we get it could be money that’s
wasted. And I certainly hope that’s not the case. Thank you.
Mr. Mayor: Okay Commissioner Fennoy, Commissioner Donnie Smith then
Commissioner Wayne Guilfoyle then Commissioner Bill Lockett oh and then Commissioner
Davis.
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Mr. Fennoy: Yes, you know most of the feedback that I’ve gotten from the restaurant
involvement is not really, they’re really not concerned of the amendment of the ordinance and
the language that’s in there. What they’re primarily concerned about is the 10% increase in the
fee. And I’ve gotten several phone calls from various owners downtown and this was their
biggest concern and biggest complaint about the amendment. Their second complaint was that
method of notification or lack of notification. A lot of the business owners that they say they just
had not heard about the proposed changes in the ordinance. I think at our committee meeting last
week we didn’t have anybody here representing the business owners and I think that had a lot to
do with why this passed was approved by the Public Services Committee. Mr. Mayor, would it
be appropriate to ask for a show of hands how many business owners would accept the
amendment without the increase in fees?
Mr. Mayor: That would be appropriate.
Mr. Fennoy: If there, if you are a business owner would you all accept by a show of
hands if you accept the proposed changes?
Mr. Mayor: Without the fee increase.
(13 supporters of the ordinance without the fee increase)
Mr. Fennoy: Without the fee increase. Is there anybody who would not, you would not?
Okay, all right. Well, I mean I think this is, this is sort of bogged down.
Mr. Mayor: Would you like to make a motion to approve without the fee, increase the
ordinance without the fee increase?
Mr. Fennoy: I would. I’d like to make a motion we approve the ordinance without
the additional 10% fee.
Mr. Johnson: I’ll second it.
Mr. Mayor: Okay, we have a motion that’s been made and properly seconded.
Commissioner Donnie Smith, Commissioner Guilfoyle, Commissioner Lockett, Commissioner
Mary Davis.
Mr. D. Smith: Thank you, Mr. Chairman.
Mr. Smith: I look out into the audience out there and I see some friends and some people
that own businesses and I’d like to give them an opportunity to come up here and tell me how
they feel. We’ve heard from our staff. Walter?
Mr. Mayor: I’m running the meeting.
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Mr. D. Smith: I’m sorry, Mr. Chairman, I’d like to hear from the people, I’d like to hear
from those people, Mr. Mayor.
Mr. Mayor: If, so we don’t have every single person if there’s somebody that could come
up and speak representing these places of business. And if you could state your name and
address for the record and I will give you five minutes if you need it.
Mr. Clay: Thank you. My name is Walter Clay, I own Ray’s Coastal Café at 3208 West
Wimbledon Drive. I appreciate the support of my counterparts and other folks that are in the
business that we’re in. I appreciate Mr. Mason’s thoughtfulness on that regard on your
statements there. In general it seems that there aren’t, it’s not that we’re opposed to the city
doing better in the revenues being collected, it’s always easier to not have increases than it is. I
like the idea that that there’s a need for the funds that often being local business people whether
it’s charities or anything people in the community come to us. We’re always happy to
participate if something like this would be happy to participate also. I think I don’t want to put
words in my colleague’s mouths but I mentioned this the last four years ago when it came up. If
something like this is going to happen don’t pull it from our profits as we’re trying to close out
our years, close out our year and hopefully make a little bit of money in a business that
generally’s going to operate at a 10% margin. I think that if this is something that needs the
county needs the city needs I think many of us believe that, well, there’s two things we believe
in. Number one there are small businesses out there that are smaller than a lot of the ones that
are being represented here today. There are 6,000, 7,000 dollars it is sometimes half 25% of
their total intake on alcohol sales so it’s a significant number. So it may be more helpful if you
look at not the size of the seats but the revenue because you know what we’re doing in alcohol
sales. We’re reporting that to you on a monthly basis and we’re paying monthly taxes on that in
addition to our licenses. The other thing I think that we feel is that if there is going to be an
increase it’d be nice to know at the beginning of the year. Say at this meeting if you were going
to do this in the future to say next year we’re going to go up and I don’t mean you know because
right now what we’re going to do is in January if the prices go up we’re going to pay it out of
this year’s revenue. You can say we’ll be looking for it we can incrementally go up ten dollars a
week or a weekend or whatever it needs to be but just give us some give us a heads up.
Mr. Mayor: Okay, thank you, sir.
Mr. Clay: All right. Thank you for your time.
Mr. Mayor: Commissioner Smith, did you have anything else?
Mr. D. Smith: I just wanted to have a follow up question for Walter.
Mr. Clay: Yes, sir.
Mr. D. Smith: And if there’s any other business owner that has not a remark but some
input in order for us to make this work would it be better if we had some input from you or a user
of our license and you do business is there some, have you spoken with Rob Sherman or
anybody to help us craft something that is more palatable and that serves both purposes?
15
Mr. Clay: I have not. Four years ago I volunteered to be on the board to do other things.
Mr. Mason was at that meeting also. That was and I knew about that pre-meeting that year. This
year I didn’t know anything until this and I was on vacation this year. I’ve actually come home
to, you know, be supportive of the rest of the license holders. But I would be happy to and
there’s several of us that would be happy to be a part of that.
Mr. D. Smith: We want to try to support small business and we want to try to support our
staff and to me it just seems like that we should have some input from both sides of the house
before we try to make this decision. But that’s just this one Commissioner’s thought about it.
Mr. Mayor: Okay Commissioner Guilfoyle then Commissioner Lockett then
Commissioner Davis.
Mr. Guilfoyle: Thank you, Mr. Mayor. Walter, I appreciate you coming as well as all
the small business owners, restaurant owners, liquor sales and all but is the director Melanie
Wilson in the house?
Mr. Mayor: Ms. Wilson.
Ms. Wilson: I’m always here.
Mr. Guilfoyle: I hear you. As far as what is being proposed at this time apparently since
none of the bar owners, restaurant owners was aware of the ordinance, how are they going to be
reached out to be known of the current changes that is in this ordinance?
Ms. Wilson: Well I, well starting out as you know from the committee meeting we used
the method of notification that was used previously this, the newspaper as well as holding
meetings and contacting the press. We also after the committee meeting notified 200 before we
called. All these methods of communication of course as you know take time and resources. We
will continue to do that and one of the things we probably will do now that this item without the
fees has been approved is put notice in the business licenses that go out.
Mr. Mayor: We haven’t voted on it yet.
Ms. Wilson: Oh, I’m sorry, I thought you voted. My apologies based on what the
conversation was then. But basically one of the things we can do is we have to notice the
businesses and we will start sending out letters in January so we will make sure that we notice
them with regards to upcoming discussion. I’ll also take Walter up on his offer to sit down and
talk with us to go over what has been proposed in case there are any additional comments as well
as some of the other businesses that may be here or may not be here. Hopefully they will pass on
their names and phone number to Mr. Harris before we leave.
Mr. Guilfoyle: Okay, as far as what’s being proposed in this ordinance it’s going to
actually incur costs from what Rob had said as far as the Sheriff’s Department going by to
leisurely inspect to find if there’s underage drinking. I think Rob wants to say something.
16
Mr. Mayor: Mr. Sherman.
Mr. Sherman: If I can just say. That’s one of the hybrid restaurants that I was referring
to. And if you’re a restaurant it’s not mandatory that you go that route but it’s only for those
restaurants who want to become a bar after in the evening.
Mr. Guilfoyle: Why don’t we just, I mean I don’t know if this would be correct logic. If
somebody wants to change their method of operation to accept this new ordinance they should be
the ones that gets imposed the fees not the ones that’s doing business as usual. Am I getting this
wrong?
Ms. Wilson: Well, there kind of two separate issues. One is the hybrid restaurants which
changes use, you know, after the hours change and with doing that we will look at those fees.
And the other is just basically the alcohol licenses by themselves.
Mr. Guilfoyle: Okay. As far as the alcohol license the 200 that you reached out to?
Ms. Wilson: That was 200 by the phone. We contacted you know more but (inaudible).
Mr. Guilfoyle: What was the concerns in their remarks?
Ms. Wilson: One of the, well, the concerns of course is always not having the
opportunity to get feedback although again we did multiple methods of trying to do outreach to
get feedback from many of the owners. We also emailed the owners based on the emails that we
have. We only have about 30% of the alcohol license permitees and one of the things that I am
proposing as we start, this will by my first full year with regards to collecting data would be to
get everybody to submit email addresses along with their applications for renewal so that we
have another method to hopefully assist with regards to notifications.
Mr. Guilfoyle: Okay and, Mr. Mayor, just I know that Mr. Fennoy had checked by a
show of hands. I mean to do the paperwork to reach out to the business owners it’s going to
incur a cost, we all know that. I mean is there a compromise that if we could meet them half way
if they’re willing to do that at 5%. Everybody here’s shaking no.
Mr. Mayor: I’m just going to, I mean it’s sort of doing polling in here is not a ---
Mr. Guilfoyle: Never mind then, Mr. Mayor, the only thing we need to do is just approve
this and then look in the first of the year after you speak with Walter and then we’ll come back
and see if we can initiate a charge.
Ms. Wilson: That’s correct based on the initial motion that was made approve it without
the fee increase would be sufficient for us to move forward with what we’ve got to do.
Mr. Mayor: Okay. Commissioner Lockett.
17
Mr. Lockett: Thank you, Mr. Chairman. I only wish that we would not wait until the
midnight hour to have this discussion. Planning and Development has gone through this process
previously and I understand the fact that ya’ll did reach out by the media, print media and by
other means. I’m not going to make an excuse for the business people because they did not read
the paper or they weren’t vigilant to what was going on. They should’ve been. I would
anticipate in the future that we use a different methodology to make sure that there is no excuse
for them not knowing. And I believe it was mentioned earlier that our sister cities their rates for
last season and so forth some are still much higher than ours. What I would like to do I don’t
want to talk about Atlanta but I would like to talk about Savannah, Athens, Macon, Columbus.
Were there any comparisons with those cities as to what they’re charging for fees as opposed to
what we are charging?
Ms. Wilson: Yes that, we did do a survey and captured that data with regards to what the
other jurisdictions around the state that are comparable in size are doing.
Mr. Lockett: Do you know off the top of your head that we are on the low side or the
high side as far as fees are concerned?
Ms. Wilson: I think that if this fee increase would’ve been approved we would’ve been
probably above average. Right now we’re just kind of average to low on some fees. I’m hoping
that once we enter into having some discussions with not only Walter but with some of the other
businesses that have finally kind of got this on their radar that we’ll be able to come back and
present additional information with regards to.
Mr. Lockett: If we established the hybrids without the increase what is going to be the
revenue source to pay for the Sheriff and for others that are going to assume these extra duties
because of that?
Ms. Wilson: Well, there’s not any and I’ll let Mr. Sherman just talk a little bit more
about this but all the funds and fees that we collect with regards to the alcohol licenses go into
the general fund. So you know the, they are right now supposed to have some security present. I
don’t know if it’s going to will it mean that they will have to do much more than what they’re
doing right now regarding them having private (inaudible).
Mr. Lockett: It is correct that the only businesses that will be able to opt out to this are
restaurants that choose not to become hybrids?
Ms. Wilson: Yes.
Mr. Lockett: Thank you. Thank you, Mr. Chairman.
Mr. Mayor: Okay. Commissioner Davis.
Ms. Davis: Mr. Mayor, I’m good. Everything that I had questions have been answered.
Thank you.
18
Mr. Mayor: Commissioner Williams?
Mr. Williams: I want to make a comment, Mr. Mayor. I won’t give Sylvia Cooper any
money of mine either reading the paper to keep up with what’s going on. I don’t trust them so
what they say is not important to me. But I’d like to know why if we’re going to approve this if
it’s not going to affect the fees why are we bothering with it anyway? Why the hybrid’s got to
be changed now? Just a question if we’re going to approve it but the fees is not going to be
implemented why don’t we just leave everything like it is and then when we come back to do
something, we’ll sit down with the owners of those things and then work those things out. But
we approve something now but the fees ain’t going to change. I thought that was why we were
bringing this forth because the revenue wasn’t where it needed to be and that’s why we’re going
to approve it so --
Mr. Sherman: While a recommendation is a total package but if you choose not to
increase the fees the rest of the ordinance will be beneficial to the city as well as to the license
holders so it will be updating our existing ordinance. Again it will include Thanksgiving Day as
a legal day of sale. You’ll have St. Patrick’s Day even though that doesn’t come around for
another few more years. It changes License and Inspection to Planning and Development. It
does include the penalty for failing to renew your license on time so there are some there are
other good amendments that are proposed.
Mr. Williams: Mr. Mayor, my last question is I guess to Ms. Wilson. Is there any more
amendments that’s coming because every week there is an amendment to the codes and we vote
like we know exactly what they are and we don’t. So is there any more amendments coming
behind this one for, I’m talking about this alcohol side. Is there any more amendments that’s
coming up?
Ms. Wilson: Well ---
Mr. Mayor: Ms. Wilson.
Ms. Wilson: --- excuse me, okay, I’m sorry. It is our hope that once we get through the
proposed amendments that we have currently in the system that we will not have to come back to
you to do any updates. I mean you’re getting these because the documents have not been
updated in several years and we’re just making it consistent with some of the tweaks and changes
with the state law. So hopefully we won’t come back not unless there’s another change in the
state law.
Mr. Williams: And that’s what I’m saying. If we hadn’t tweaked them in a long time
then we need to look at everything then bring it to the body that these are the things we need to
do versus picking and choosing I’m thinking.
Ms. Wilson: Well, we’ve reviewed the previous the whole document has been reviewed.
What you’ve got before you are the things that need to be updated. So we spent this past year
doing a review of the entire document and the items on the agenda are the ones that need to be
made current.
19
Mr. Mayor: Okay, we have a motion that’s been made ---
Mr. Mason: Mr. Mayor, can I have a quick point of privilege ---
Mr. Mayor: --- Commissioner Mason.
Mr. Mason: --- for one last question before we go forward. Ms. Wilson, well, let me say
this too because this is kind of bothering me. Sometimes we’ve got to be careful about
comparing ourselves to other places. Savannah is a tourist city. You can just about fall out of
Savannah and fall into a bar and every bar’s packed on a Monday as well as it is on a Friday or
Saturday. They’re making money hand over fist. So it’s not a fair comparison to say, well, you
know, because Savannah’s doing it we ought to do it and so forth. We don’t have that type of
business like that. We’d like to get there but putting a tax on our bar owners may not get us
there. That’s just a statement. My question was what was the ---
Mr. Mayor: Thirty seconds.
Mr. Mason: --- thank you. What was the targeted revenue going to go for in the first
place this $144,000 dollars that was going to be targeted as far as new revenue? What did you
have in mind for that money?
Ms. Wilson: We basically were just going through to do as I said reviewing all of the
items in the ordinance. And it was just basically additional revenue that would go into general
fund. There is no other thing other than that would’ve been revenue that ---
Mr. Mason: I’m ready to vote.
Mr. Mayor: Okay, we’ve actually got Mr. Sherman. You’ve got somebody who would
like to speak?
Ms. Speaker: Hello.
Mr. Mayor: And if you could keep it, state your name and address for the record and
keep it to five minutes, please, ma’am.
Ms. Neferin: Okay my name is India Neferin. I’m representing Alter Ego’z Sports Bar
and Grill. We just have a couple of questions and need some clarification on this hybrid
restaurant situation because that would really affect us. It just seems like if you become a hybrid
restaurant you would either have to choose to sell food or sell alcohol because you’re saying
after 9:00 p.m. no one under the age of 18 could come into your establishment and you could sell
alcohol because it’s saying no one under 21. If you charge a fee and provide entertainment it’s
saying after 9:00 p.m. no one under 21 can come in, correct?
Mr. Sherman: Correct.
20
Ms. Speaker: (inaudible).
Mr. Sherman: And that’s sort of the issue that the Sheriff’s Department has brought up
and it is a concern that a legitimate restaurant charging admission to come in makes you wonder
and they have a dance hall, a dance floor and they’re really not serving food are they a restaurant
or are they a bar. Savannah has this section of the code came of the proposed amendment came
from Savannah, it’s the hybrid restaurant. So if you want to become transition from a restaurant
to a bar and you’re going to start charging door admission to come in selling very little food, you
know, after 9:00 o’clock say and it’s there for entertainment then realistically you’re a bar. And
so this is a classification that you can take advantage of. There is a regulatory fee but also you
have to meet the requirements for a bar. You can’t be and the main thing there is you can’t be
within 100 yards of a school if you’re selling alcohol. So that is essentially that’s a yes you
either are a restaurant or you are a bar.
Ms. Neferin: And see that’s why I said it affects us because we do maintain our 51%
food sales so for you to make a statement that you can’t be both and because if you’re staying
open ---
Mr. Mayor: Ma’am, could you please speak through the Chair?
Ms. Neferin: --- well, I mean he’s saying that you can’t be both and I feel that’s
inadequate because we do, we are and we do do both because our foods sales do go up. We do
do our 51% so I just think it’s unfair for our establishment to say, well, we’re either going to be a
restaurant or a bar when we do have a full service menu that we serve up until 3:00 a.m. Our
alcohol sales are cut off at 2:30 but our food sales still continue. So it makes it really difficult for
us if we have to say, well, we can’t let anyone in after 9:00 p.m. because we’re going to sell
alcohol when we’re meeting all the criteria to substantiate being a restaurant and to serve
alcohol. And we pay the fee for the Sunday sales as well so we perform and do what we’re
supposed to do so how can you now say well we choose to be a hybrid restaurant we can’t be
that we can only choose to sell alcohol when we have a full service menu.
Mr. Sherman: I think the way to be concerned is is that once you transition from a
restaurant to a bar and you dominate activity as selling drinks and entertainment, dance, music,
dance whatever then you are changing from being just a restaurant and that’s the hybrid part.
But the concern of the Sheriff’s Department is under 21 being in these establishments at that
time.
Ms. Neferin: And I’ll address that concern too because we have six security officers and
we have four Richmond County deputies that be at our establishment. We are very careful of
that because we also know that the Department of Revenue also comes in and just does random
watches of that for underage drinking and that’s why we take the security measures that we do.
We have four Richmond County deputies on our (inaudible).
Mr. Mayor: Okay. Mr. Mayor Pro Tem.
Mr. Johnson: Thank you. Rob, just a point of clarity here.
21
Mr. Sherman: One thing on that only if you’re charging admission to come in.
Mr. Johnson: Right.
Mr. Sherman: Just wanted to clarify that.
Mr. Johnson: Okay. But the hybrid situation here or the change over here that’s an
option even if they already exist in business now or that’s for people coming into business.
Mr. Sherman: Existing and forward so currently because again that is a concern of the
Sheriff’s Department and it has been for a long time is the restaurant’s that are marginally
meeting the 51% they are and that’s the code requirement but and again transitioning from a
restaurant to a bar and allowing all ages in that’s ---
Mr. Johnson: So nothing is in place now that distinguishes the transition of the two that
says after 11:00 o’clock you don’t have a 15 year old coming in there?
Mr. Sherman: And that’s the issue with the Sheriff’s Department if you’re classified as a
restaurant then all ages can come in.
Mr. Johnson: I’m just not understanding how that was already in place. We had nothing
to distinguish that. Now if people who are already established now are they grandfathered in
under the old or that new ordinance will take effect on them starting I guess January 2015?
Mr. Sherman: Well, it think it’s proposed to be November 1 if you do the fees ---
Mr. Johnson: Okay.
Mr. Sherman: --- is the date they would go into effect for the renewal of the license. It
could be extended out to January 1 but it would, no one would be grandfathered in.
Mr. Johnson: I mean I understand the notion behind it I’m just trying to figure out how.
You just need to probably put more clarity in it because it just kind of skates across it, you know,
and that’s a very complicated situation if you will. Thank you, Mr. Mayor.
Mr. Mayor: Okay, we have a motion that’s been made and properly seconded. If there’s
no further discussion Commissioners will now vote by the usual sign.
Mr. Hasan and Mr. Williams vote No.
Motion Passes 8-2.
Mr. Mayor: Madam Clerk, on to the next pulled agenda item.
The Clerk:
22
PUBLIC SERVICES
8. Motion to approve an Ordinance amending Augusta, Georgia Code, Title 2, Chapter 1,
Article 1, Administrative and Regulatory Fee Structure, Sections 2-1-3(c) so as to establish
the Hybrid Restaurant regulatory fee as recommended by the Planning and Development
Department. (Approved by Public Services Committee August 25, 2014)
Mr. Mayor: Mr. Sherman.
Mr. Sherman: Okay, number eight is what I was referring to in the Hybrid Restaurant.
This is just setting up the regulatory fee. In a Hybrid Restaurant again if you charge an
admission to come in so then this is where this would apply. And it’s proposed to be a $500.00
dollar regulatory fee and again that is to help offset the cost of the Sheriff’s Department having
to monitor the establishment.
Mr. Mayor: Mr. Mason, this was your pull?
Mr. Mason: It was and that basically the young lady, where is she India, oh. That was
basically the question I had for this pull because this was specifically speaking to the Hybrid
Restaurants for the persons that are already in the position and paying their fees and for Sunday
sales and so forth and meeting the regulatory guidance that we already have in place. What
happens to them? And also we talked about I think you mentioned the fact that I guess the
Sheriff had an issue with certain age groups after a certain time is what I basically heard you say.
I’m well I’m not real clear on this especially for those that are already established as such. How
do we just kind of run them out and force them to do something different when they abided by
your rules and regulations and guidelines the whole time?
Mr. Sherman: Well, and that’s the thing I don’t know that they have absolutely abided by
the guidelines over the entire time and that’s where the Sheriff’s Department if they were here
they could help explain it. And I don’t know if Tony is here. I know that Richard is ---
Mr. Mason: Someone from the Sheriff’s Department to speak to what you just because
that’s a strong statement you just made.
Mr. Sherman: It absolutely is and that’s one of the reasons we put it in the ordinance.
Mr. Mayor: Ma’am, you need to be recognized by the Chair. Thank you.
Mr. Sherman: And as far as how many restaurants would take advantage of this,
probably not many. It’s the ones that are transitioning to being a bar. Those are the ones that
would have the opportunity to take advantage of this. Not all restaurants, if you think of it, are
transitioning, charging a door admission and become a bar. And that’s what this is (inaudible).
Mr. Mason: Well, I’m pretty much finished, Mr. Mayor, I just want to say I would in a
statement that strong I’m not saying that it’s not correct or that it is correct but when you make a
statement like that and then something like this is brought forward I would like to at least see
some evidence to the contrary or to back up the statement that you made so that I could feel
23
comfortable about making a decision moving forward because right now I’m seeing an east and
west from one of the bar owners on the outside and I’m seeing your north and south saying, you
know, there’s some issues. And so I don’t know one way or the other whether it’s true or not
without any factual data. Thank you, Mr. Mayor.
Mr. Mayor: Commissioner Williams then Mr. Mayor Pro Tem.
Mr. Williams: Rob, I’ve got some problems because this an old issue that’s been dealt
with for quite a few Sheriffs and we got a new one in there now but I want to know what
conversations have been taken place with the new Sheriff because if I’m in a bar and I’ve been in
there before don’t ya’ll look at me like I don’t (unintelligible). But if I’m in there and I’m eating
with someone and they’re underage and then 9:00 o’clock comes then they transition from that,
am I to take my underage person and leave the bar?
Mr. Sherman: No ---
Mr. Williams: Let me finish. I’m just trying to make a scenario here because I think
that’s an old, I won’t call it a law, ordinance that we’ve been dealing with that we need to look at
changing. First of all if you drive your automobile without a license as long as you don’t hit
nobody and don’t cause no problems you still can drive. But why is the Sheriff going in there
checking folks to see if they’re in there? Now if you break the law and you’re found guilty of
doing that then your business or your owner should be dealt with accordingly. But you can’t
prevent folks from what they might do by saying I’m going to have the Sheriff to come by. Now
there’s nobody from the Sheriff’s office here but somebody needs to tell me how because that’s
an old ordinance that’s been in place when we try to get everybody to go home at 10:00 o’clock.
And they go home at 10:30 now but still we need to change that.
Mr. Sherman: No, and Larry just reminded that if someone under 21 is in a restaurant
with a guardian they can stay as long as they’re in there with a guardian or someone that’s
responsible for them over 21 they can stay. That’s not a problem. As far as the Sheriff’s
Department just going in the Sheriff’s Department will do frequent, well, occasional, you know,
inspections of the bars just to be sure, with the Fire Department to make certain that all exits are
unlocked. They have been in those establishments where they have found that there is underage
drinking. Now how much that goes on the Sheriff’s Department would have to respond to that
but if I mean the way we see it and after doing this for a good many years is that if you mix
underage in a club atmosphere with 21 and above they will be drinking not everyone but they
will be drinking. All of us have been under 21 at some point so it’s just reality. And it’s in
Savannah the way that they look at it is it they go in to an establishment that wants to apply for a
Hybrid Restaurant license and they I mean it’s, it’s almost a common sense approach that if
they’re operating as a bar then they need to have that classification. I mean if people are not
sitting down and just eating and that’s the dominant activity that you see going on at that time in
the evening then it’s not a restaurant it’s a bar.
Mr. Williams: Rob, I’m not in that business but let me tell you this. When you go to
Applebee’s and the only difference is I hear is that when you charge to come in the door because
you got from the time they open up until the time they close you’ve got underage coming in
24
eating, I’m not saying they’re drinking but they’re coming in and eating. So if and if they’re
drinking and they get caught doing that and that’s consequences for that. But the only difference
I see is when someone having music paying a charge to come in the door. Now if we ---
Mr. Mayor: I’ll give you another two.
Mr. Williams: --- thank you, Mr. Mayor, if we’re going to charge we’re going to
penalize that group for charging to come in or having entertainment and even Applebee’s started
having entertainment. I mean so I’m just trying to figure out how we’re going to make sure that
this is a balance that it ain’t going to be a burden on one and not on the other one. I’m not saying
turn them loose and do whatever they want to do but if they get caught doing those things then
there ought to be consequences if it’s closing down for good or whatever it is but when you
impose a fee because they’ve got entertainment or because they’re charging you to come in the
door. Because if everybody’s going to a place like a sports bar whether it be Applebee’s or
whatever then I’m thinking they ought to be treated the same way. So that confuses me. I know
these other fellas understand it a little better but.
Mr. Mayor: Okay, Commissioner Mary Pro Tem and then Commissioner Hasan.
Mr. Johnson: Thank you, Mr. Mayor. Rob, I think Commissioner Williams kind of
touched on what I was going ask about hypothetically speaking is basically what you’re saying is
now we’re going to charge this fee, $400.00 dollar fee to have an officer, well that would cover
the officer going in and inspecting or checking on these hybrid establishments where we don’t
have that fee in place now, right?
Mr. Sherman: Yes.
Mr. Johnson: So it would be a $400.00 dollar fee to ---
Mr. Sherman: Well, and just think of it in light of it’s a regulatory fee and that’s what
they’ll be doing is just regulating just monitoring businesses to see that it does in fact operate
under the guidelines that’s in the ordinance.
Mr. Johnson: Okay, now let me figure out how to phrase this. We have them going in
now from time to time, correct?
Mr. Sherman: Correct.
Mr. Johnson: We just don’t have a fee in place. So would this money go to the Sheriff’s
Department or would it go to ---
Mr. Sherman: It goes into the general fund and then this is again we’re talking about just
a new classification that we think is operating out there already. It’s where a restaurant is
transitioning from operating as a restaurant. And remember that a restaurant, a restaurant’s
dominant activity is selling food. Okay and so then it transitions to charging a door, a cover
25
charge and then offering entertainment, no longer serving food. And when it transitions to being
a bar the main concern is under 21 because as it is all ages could be in there.
Mr. Johnson: Well, I think in my opinion now and I may be wrong about this if you have
adequate enforcement at the door and it may not be Richmond County but if somebody’s there to
make sure that they’re checking identification to make sure nobody is entering after a certain
hour if they’re charging to get in than that should suffice enough to make sure that nothing is
happening illegally. You know what I’m saying here so if they’ve got four deputies there or six
deputies there and I know the deputies can’t check I.D. anymore but they’ve got somebody
checking I.D. you know in my opinion it should be sufficient enough to make sure that nobody
is. And I’m not saying that they can’t get in there. I mean it happens but what I’m saying is I
think now we’re just saying we’re going to impose a fee on anybody that’s operating a hybrid
setting and that’s additional 400.00 dollars to what they’re already paying just so, you know, or
in case or when an officer comes through to inspect to make sure. But even in that effect how
would an officer know if anybody’s in there under 21 because unless he’s going in there to check
everybody’s identification ---
Mr. Mayor: I’ll give you another two.
Mr. Johnson: --- they really won’t know. Thank you, Mr. Mayor, so I guess it’s more
complicated than it really seems and then at the same time it’s really imposing another fee on
them already. So I guess that’s the concern that some of the bar/clubs have because they’re
paying the fees already but now they got to pay more for something that’s already been done or
being done and it’s still no real checks and balances to say who’s in here under 21 even if the
officers do come in because they’re not going to just shut it down and check everybody’s
identification. So I guess that’s the part I’m looking at. I mean I guess you can like
Commissioner Williams said you just got to trust that, you know, that they’re abiding by the law.
And if they do something to break the law then they’re going to be held accountable. But I mean
that’s just my take on it and I guess it’s just it’d be different if it was saying okay this money’s
going to be used to hire more inspectors or more, you know, that’s one thing but to say just for
officers to come around which they already do now and nobody really should even come unless
there’s an issue if they haven’t been hired. That’s just, it don’t make a lot of sense and I’m
looking at it from the outside looking in and that’s just my take on it, Mr. Mayor.
Mr. Mayor: Okay. Commissioner Hasan.
Mr. Hasan: Yes, sir, Mr. Mayor. Honestly I know you know this process this
conversation is polluted at this point, right? My question simply is when this conversation
started out even going back to a much earlier it seemed as though this was an option. And I’m
getting the feeling that I could be wrong don’t trust me because I say it’s polluted and it’s
probably more in my head than anywhere else. But it seems that where this young lady that is
concerned about this will she be in essence if she chooses not to opt in will she be out of
business?
26
Mr. Sherman: Well, you know if she’s charging admission and it’s going to operate as a
Hybrid Restaurant and then she doesn’t register with us and pay the fee then she’d be in violation
of the code. So as it written now she could not.
Mr. Hasan: Well, you wouldn’t think it would make sense at least to give her to
grandfather her in because in essence if she chooses not to we’re putting her out of business.
And I don’t know the details I’m just asking the question.
Mr. Harris: Commissioner Hasan ---
Mr. Mayor: Mr. Harris.
Mr. Harris: Thank you, Mr. Mayor, I’m sorry. In that instance I would just like to say
that if we do that then she actually operating as she’s operating now. Okay? What this situation
is Hybrid Restaurant means that you’re actually operating as a club more so than a restaurant. A
legitimate legal restaurant does not have a dance floor. I’ve never been to a restaurant where I
paid $5.00 dollars to get in and then buy a meal. It doesn’t make sense. Why am I paying you
for you to serve me? So what I’m offering you is a nightclub setting and a nightclub should not
be able to allow anyone under 21 in there. But if you have a restaurant connotation and we allow
you to operate as a restaurant 2:00 o’clock in the morning you’re 15-year old son, a nephew, a
grandchild can walk in there legitimately.
Mr. Hasan: How widespread is your concern about this?
Mr. Harris: Personally, you want a personal opinion ---
Mr. Hasan: Well, no from the, I would say from the county government perspective you
know county government.
Mr. Harris: Because I was going to give you the government (inaudible).
Mr. Hasan: I figured you would.
Mr. Harris: I’ve been doing this for a pretty long time. It’s not too many club owners or
people who are in the restaurant business that I don’t know on a personal basis because of the job
I’ve done. I know Ms. Neferen, I know all of them that have been in this business and we have
brought these same type businesses to you in the past where their license has been taken because
once they started operating as that late night spot something catastrophic normally and usually
occurred. And that’s when they come back to ya’ll for ya’ll to take the license. This is
something that we’ve been trying to advocate for some time to try to bring this back into
perspective. If you’re going to be a nightclub, be a nightclub. If you’re going to be a restaurant,
be a restaurant.
Mr. Hasan: Okay.
27
Mr. Harris: But we’re giving you the ability now to allow them to operate as two but
under certain guidelines.
Mr. Hasan: Okay. A couple of more details came out as you were just explaining
yourself. Number one you used the word nightclub versus much earlier it was going from a
restaurant to a bar. So I’m not disagreeing but also it addresses a bigger issue that you all are
concerned about and the hybrid comes in and protects the citizens at large and stuff. So you’re
saying a little bit more now it’s making a little bit more sense you know. No disrespect to you,
Rob, I’m just a slow learner. And so I understand that a little bit better now but I’m just trying to
understand why obviously she must be, the business I’m sorry not that she but the business will
be charging at the door as well so that’s giving you ramifications to do what you’re inclined to
do as well. So we have a lot of different moving parts that as now seems to make a little bit
more sense. Thank you very much. I just didn’t want to see us doing something and at the onset
a person either opts in or just automatically out of business. Now you got into a more of the
details and it makes a little bit more sense trying to protect the public’s interests.
Mr. Harris: Thank you.
Mr. Mayor: Okay, I will get you Commissioner Williams for one minute point of
personal privilege.
Mr. Williams: Thank you, Mr. Mayor. I’d just like Mr. Harris to tell me what’s the
difference or what’s in a name. Now I heard nightclub, I heard bar and I heard hybrid club but I
hadn’t heard the word supper club. I don’t think there’s anywhere in Augusta is that we have, I
don’t know where you’ve been but I’m talking about people who wants to go out and not just
drink because some folks like to eat too now and some folks like to dance. And you’ve got a
place if you don’t have an establishment, Mr. Mason, we’re not going to get to that Savannah
establishment you’re talking about because we’re telling people to go home and eat at home or
dance at home you can’t do both of them in Augusta. That’s what it sounds like. So I want to
know what’s in a name, Mr. Mayor, that’s all I need to know because if you frame it as a supper
club then that to me that but I’ll be charged to eat supper to come in. So if you’re going to eat in
there and someone else wants to drink in there, them old days is over with. This is a brand new
day. I mean people need to be able to go out and conduct themselves right. I’m not talking
about ---
Mr. Mayor: Mr. Williams, your one minute’s up.
Mr. Williams: Thank you, Mr. Mayor, but he said that people are going probably do it
any (unintelligible).
Mr. Mayor: He’ll give you a definition for it.
Mr. Harris: Okay and Mr. Williams you are so right this is not the Augusta of 1983 when
I came to work here. You are definitely right, this is 2014. The ordinance that we’re probably
operating under has been updated some in the past 33 years, 32 years but we’re bringing it to the
future. The ordinance does address dinner club. We have no problem with a supper club we
28
don’t want that supper club serving until 2:30 and then staying open to 5:00 o’clock in the
morning with your 18, 19, 20 year olds in there where the problems are. That’s our concern. We
want everybody drinking out of the same cup doing the same thing at the same time.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. It seems that we got off on a tantrum talking
about the downside of this particular agenda item. There’s possibly an upside to it. We haven’t
talked about the possible increase in revenue that would be derived because of the recommended
changes here. I’m quite sure that the restaurant if they became a hybrid and sold alcohol legal
and so forth that they’re going to lose money. I think they would probably increase so we’re just
looking at one side. Let’s look at both sides of it. They may incur an additional cost but at the
same time if they’ve got a good legitimate business they’re going to reap benefits by it. So let’s
just don’t be blinded by that. Thank you, Mr. Chairman.
Mr. Mayor: Do you want to include a motion to approve with that remark?
Mr. Lockett: Move to approve, Mr. Chairman.
Mr. Guilfoyle: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner
Donnie Smith.
Mr. D. Smith: I’d like to offer a substitute motion at the request of Inspections that we
st
make the effective date of this January the 1 of 2015.
Mr. Sherman: For the ---
Mr. Mayor: Mr. Sherman.
Mr. Sherman: --- correct.
Mr. Mayor: Okay. Would the maker of the motion like to amend their motion to reflect
that?
Mr. Lockett: Move to approve with an effective date of January 1, 2015.
Mr. Mayor: And the seconder’s fine with that?
Mr. Guilfoyle: I’m fine.
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 vote No.
29
Mr. Johnson out.
Motion Passes 8-1.
Mr. Mayor: Madam Clerk, next pulled agenda item please.
The Clerk:
PUBLIC SERVICES
9. Motion to approve an Ordinance amending Augusta, Georgia Code, Title 2, Chapter 2,
Article 4, Excise Tax for Hotels/Motels, Sections 2-2-27 through Section 2-2-35; Article 5,
Local Business License Tax on Depository Financial Institutions, Section 2-2-36 through
Section 2-2-49; and Article 6, Tax Imposed (Rental Motor Vehicle), Sections 2-2-50 through
2-2-56 as recommended by the Planning and Development Department. (Approved by
Public Services Committee August 25, 2014)
Mr. Mayor: Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. I would like to go ahead and make a motion
to move that back to committee.
Mr. Hasan: I second.
Mr. Mayor: We have a motion that’s been made and properly seconded. If there is no
further discussion Commissioners will now vote by the usual sign.
Motion Passes 10-0.
Mr. Mayor: All right, Madam Clerk, on to the regular agenda.
The Clerk:
ADMINISTRATIVE SERVICES
32. Motion to approve amending Ordinance No. 7434 changing the meeting time for
regular commission meetings for legal matter. (Requested by Commissioner Marion
Williams)
Mr. Mayor: Commissioner Williams, did you want to speak to this?
Mr. Williams: Mr. Mayor, I think this speaks for itself. We’ve been holding the legal
meeting before committee and we have people waiting out here for committee to get started.
Some of the committees don’t start until even later and I propose moving this back to after we
finish commission meetings when we can have the time to address the legal aspect of that.
Mr. Mayor: Are you making that in the form of a motion to approve?
Mr. Williams: Yes, sir.
30
Mr. Mayor: Is there a second? Okay, Commissioner Guilfoyle then Commissioner
Lockett.
Mr. Guilfoyle:
I understand my colleague’s concern about the legal matter. If we
looked at it from a different structural point of view we’ve only got fifteen minutes to do legal
Legal from
for our committee setup. I think it would be good to do to put in motion is to do the
12:00 to 1:00 and we start up Public Service at 1:00o’clock.
That way it gives us ample time
to spend to deal with the concerns that we have behind closed doors instead of having to rush or
having to wait the, for the taxpayers to sit here and wait on us. At least that would give us one
hour and if anything to do with personnel we’ll push off until the next committee Legal meeting.
Mr. Mayor: Would you like to put amending the ordinance to reflect your statement in
the form of a motion?
Mr. Guilfoyle: Well, I just don’t want to go after my colleague’s agenda item. I was
wondering if that would fit his needs as well.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor, we’re already I mean coming in early on committee meetings,
I’ve got no problem with that. I think that we’re going to do is we’re going have us sitting here
longer. We don’t have a quorum most of the time because we have an hour, people are not going
to come in so it really doesn’t matter to me. It can stay just like it is, I’ve got no problem. I’m
just trying to make it easier what I thought would be easier to have it after the Commission
meeting like we had at one point where we’d be able to hold the Legal meeting after everything
is done and the public had been served and gone. If this body decides to keep it like it is or move
it to 12:00 I’m not going to make that motion but I’ve got no problem with it whatever I’m going
to be here whatever day they ---
Mr. Mayor: You and me both. Commissioner Guilfoyle would you like to put that in the
motion?
form of a
Mr. Guilfoyle: I would, sir,
and my only concern is about changing it to the end of the
meeting we’re going to have lawyer’s that’s going to be in here waiting five hours to go into
legal and we’re going to have our colleagues that has prior engagements that’s going to leave
then we’ll lose our quorum. And it would probably cost us more money than by changing it
from 12:00 to 1:00 Legal and then 1:00 o’clock we start our Public Service.
Mr. Mayor: Okay.
The Clerk: A full hour because we go now from 12:00 to 12:45 so now you’re saying
from 12:00 to 1:00?
Mr. Guilfoyle: Yes, ma’am.
31
The Clerk: Okay.
Mr. Mayor: Okay, so you put that in the form of a motion? Is there a second for that
motion?
Mr. Grady Smith: Second.
Mr. Mayor: We have a motion that’s been made. I’ll recognize you for one minute of
personal privilege.
Mr. Williams: Mr. Mayor, we’re elected to do a job so I mean when we leave this
meeting and don’t have a legal that’s on us. But I’m not worried about the lawyers I mean that’s
their business to be here. Our job is to handle the business so if the lawyers want to leave, the
lawyers want to stay that’s fine now. A commissioner is elected to do a job and I think he or she
needs to be here too if that’s the case. But we, none of this is cut and dry. I mean like today we
had to talk about these issues whether going to it if you’re going to handle the people’s business
you need to be able to handle it. And those who don’t want to handle it shouldn’t run, that’s all I
can say.
Mr. Mayor: Okay, we have a motion that’s been made and properly seconded.
Commissioners will now vote by the usual sign.
Motion Passes 10-0.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
ADMINSTRATIVE SERVICES
33. Motion to approve and Ordinance to Amend the Augusta, GA Code Title One Article
Four Section 1-7-51 Relating to the Adoption of Personnel Policies and Procedures of
Augusta, Georgia; To approve edits to the FOLLOWING SECTIONS OF Chapter IV of
THE Personnel Policies and Procedures Manual: 900.001, 900.006, 900.009, 900.011,
900.012 and 900.202; To Repeal All MANUAL PROVISIONS, Code Sections and
Ordinances and Parts of Code Sections and Ordinances in Conflict Herewith; To Provide
an Effective Date and For Other Purposes. (Approved by the Commission August 5, 2014 –
Second reading; referred from August 19 Commission meeting)
Mr. Lockett: Move to approve.
Mr. Guilfoyle: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner
Williams.
32
Mr. Williams: Yeah, Mr. Mayor, this hasn’t been discussed. Now we changed some
things in the Personnel Procedures and Policies but looking at the background I’m really more
confused now that I’ve ever been. We didn’t have zero tolerance in, now it’s been added. We
asked the Attorney to do something to look at how someone that’s been terminated in this
government to reapply and come back. I don’t understand any of that. I wish we would send
this back to committee and be able to discuss it so we’ll know what we’re voting on versus
voting for some stuff that’s been piece meal I’ll say.
Mr. Mayor: Okay, thank you, sir. Commissioner Hasan and then Commissioner Davis.
Mr. HasanI would
: Well, I didn’t know whether to maybe make a substitute motion.
recommend sending it back tocommittee
. That’s what I would recommend send it back to
committee and discuss it because if my memory serves me correctly before I was sworn in here
this was tied or came about as a result of a personnel matter. And I need to know how those
things are going to resolve itself and how has that been taken care one of them was, you know, a
personnel matter. I won’t know on the floor but I think they’re tied exclusively together
anyways and so send it back to committee for me so we can discuss it.
Mr. Mayor: You’re putting that in the form of a substitute motion?
Mr. Hasan: Yes, sir, I am.
Mr. Fennoy: Second.
Ms. Davis: I’ll second that too.
Mr. Mayor: Okay, we have a substitute motion that’s been made and properly seconded.
Commissioner Davis.
Ms. Davis: That’s what I was going to do that motion that Commissioner Hasan. Thank
you, Mr. Mayor.
Mr. Mayor: Okay, we have a substitute motion that’s been made and properly seconded
to send this back to committee. If there’s no further discussion Commissioners will now vote by
the substitute sign of voting.
Motion Passes 10-0.
The Clerk:
ADMINISTRATIVE SERVICES
34. Discuss Augusta Citizen Survey Results.
Mr. Mayor: Madam Administrator.
33
Ms. Allen: Mr. Mayor, members of the Commission as you are aware we actually for
the first time did an Augusta Citizen Survey. I think we’ve done one in the past but it was in
regards to budget responses from our citizenry. The responses, we didn’t receive as many
responses as we would have liked although the responses that we have received are very
important as far as what we’re looking at in moving some of the things forward that we want to
th
do. We only, we have a total of 19 questions. The survey actually went from June 30 to
th
August 8. We advertised in our Utility bill. I think one of the Commissioners was asking about
that we actually did put a flyer in that. We also used the media and the newspaper to actually try
to get more people to respond to the survey. The responses were via they had an opportunity to
respond via website or telephone. We actually had a phone line set up for them to call directly in
and someone would answer them and actually take their responses if they did not have any
access to a computer or what have you. We only received 659 total responses so when you’re
looking at a citizenry pool of about 200,000, 659 is not really what we would’ve liked to have
received in responses from our citizens. Though keep in mind sometimes the small population
actually speaks for a larger number so everything that has been provided to us is equally as
important. One of the questions we asked and everyone one of these responses is of course in
Richmond County or stated that they lived in Richmond County. The question that we asked and
each one of you has a copy of the actual survey in front of you as well as some of the actual
comments that were made the question was the commission district that they reside in which
would give us an opportunity which area responded the most. A number of people believe it or
not the most response came they did not know actually which district they actually lived in so we
had 23.8% that didn’t know which district they resided in. And of course we had 15.6% that
lived in District 7 which was the next highest and the third highest was 12.7% which was in
District 3. The third question was what neighborhood or area did they believe they resided in.
Most of them the majority of the respondents were in the west Augusta area. We had a number
of respondents in south Augusta and Summerville was next and then our fourth area that was
response to was the Hephzibah area. Anything less than 9.7% you can actually see on the actual
document. We asked for gender because we wanted to see, you know, in most cases you want to
see what your sample pool looks like and most the majority of the people that responded to the
survey were males. Age group most of the people that responded were between 46 to 60 years
old and the next population of age was 61 to 70 years of age. The ethnicity of the people that
responded 69.8% of the people that responded were white and 23.5% were African American.
How long have they lived in Richmond County the majority of the people that responded to the
survey actually have lived in Richmond County more than ten years. Did they own or rent their
homes the majority of the people that responded 85% of them actually own their own home.
Then we asked them on a scale of excellent to poor to rate the city services that are actually
provided for the citizens and believe it or not we got some good feedback but we also got some
feedback that we need to look into. When it came to trash collection the majority of the people
responded thought it was good. The Parks and REC’s area was looked at majority good. Water
and sewer the majority was good. Road, bridges and sidewalks the majority was poor. Storm
drainage the majority of the responses were poor. Animal services the majority of the
respondents’ responses were poor. Traffic management, traffic lights, markings, traffic flow it
was fair. Planning and Development 43.2% it was mostly poor. Permits and Inspections and we
did that because Planning and Development is fairly new. Most citizens know it by License and
Inspection and some people know it by Planning so we made sure so that they could understand
you know which of the responses fail. Permits and inspections was a lot of them didn’t have an
34
opinion on that one. Code Enforcement the majority of the responses were poor. And Transit
the majority of the responses were poor. On a scale of excellent to poor please rate the quality of
information and digital resources for Augusta. You know we kind of had to add something in
there about technology a little bit because we wanted to make sure that too our citizens knew or
had some knowledge in regards to how the information was being made readily available to
them. A number of people felt that the website was good. A number of people didn’t know
about Augusta 311. A majority of them didn’t know about that. Facebook a number of people
didn’t know that we offer Facebook. We’re on Facebook, we’re actually on Twitter as well as
Pinterest. So those areas they really don’t know a lot about and those are things that the
Information Technology Department is going to try and promote more of because we’ve been on
those for quite some time but it’s a way that we communicate with our public. Do you interact
with Augusta in the following ways we went through and a number of the people did not do
those various ways of you know again we’re wanting to talk about citizen engagement. We
wanted to make sure that the citizens there was a way to communicate with the City of Augusta
and the majority of the people as you can tell did go through the 311 process but still was more
or so more a larger number of them that did not even know about 311 and as well as the Twitter
and the Facebook that I described earlier or even to notify me which would actually notify
citizens for various things that’s going to come up on our agenda that they may be interested in.
Please check the box that indicates their position regarding the funding levels. We wanted to
know how they actually felt, the citizens felt about the funding levels, whether they felt we
should maintain them, reduce them, increase or they just really don’t know. The Sheriff’s office
the majority said they should increase funding level for the Sheriff. Fire Department majority
was increase current funding level. Transit increase funding level, Parks and REC maintain the
current funding level, roads and bridges increase the current funding level. Judicial services
maintain the current funding level. Local Non-Profit Agencies and Authorities reduce the
current funding level. Number 13 please indicate the priority level that you believe should be
applied to the various functions of Augusta government that are listed. This is of course we
didn’t force them to rank them because some of them you know may be ranked the same to the
respective citizen so if they had the same level of priority we wanted them to be able to state that.
The Sheriff’s office the majority felt that it should have the highest priority. Fire Department
they felt it should have the highest priority. Transit should have medium priority. Parks and
REC medium priority. Road, bridges high priority. Judicial services medium priority and local
Non-Profit Agencies and Authorities medium priority. Please rate your overall satisfaction with
Augusta city services in return for the dollars paid through taxes. The majority of the
respondents they were somewhat satisfied. Would you support an increase in your overall taxes
if it was required to maintain the current level of service? And I have to apologize to
Commissioner Lockett on this one. We had already published the survey when he asked that he
called it that it should’ve been changed to increase the level of service on that one. But the
respondent overwhelming was 67.9% of the respondents said no. Sixteen please indicate the
priority level that you believe should be applied to various SPLOST projects. We wanted to get
some input from the citizens in regards to how they felt about SPLOST and requested by the
Augusta government and other local agencies. And again this was not a forced ranking. Roads
and infrastructure the highest priority, a large percentage voted for that. Arts and outside
agencies get the lowest priority. Government facilities, medium priority. Dilapidated
condemned housing and demolition, medium priority. Fire Department, high priority. Sheriff’s
office, highest priority. Recreation, medium priority. Library, medium priority. New city
35
vehicles, medium priority. Technology, public safety, radio system several of those things that
were included in that realm of SPLOST medium priority. Number seventeen would you support
a SPLOST initiative that was intended to fund capital projects in Augusta 56.8% stated yes.
Eighteen do you believe the organizational structure of Augusta’s government should be
amended to make the city Administrator and the city Attorney direct reports to the Mayor’s
office in order to create a more centralized form of government 76.1% said yes. And nineteen do
you believe that the Mayor should have more power or authority 64.6% of the respondents said
yes. And along with that question we actually got comments and you’ll see it in your packet. I
didn’t put it on the presentation just so many of them what they felt that authority should be in
regards to the Mayor’s office. Also the last question that we asked the constituents was to
provide any comments or feedback and you will also see that. And some were kind comments,
some were not so kind however we wanted to give everybody an opportunity to state their
opinion and I think those 659 people took advantage of that. Other than that I’ll answer and
questions that you may have but this gives us a baseline and I look forward to us doing the same
form of survey to see now where we have you know in the next year or so what we’ve
accomplished which you have to have a baseline and this gives us that.
Mr. Mayor: Commissioner Davis.
Ms. Davis: Ms. Allen, I think this is great and so it didn’t, did it cost us anything? I
know we used mostly social media and utilities. Is that right?
Ms. Allen: Yes, ma’am. The only cost we had was to send it out in the utility flyer.
Ms. Davis: Have we done a survey like this before?
Ms. Allen: We’ve done it for the budget responses before but it was just, we just told
people to go online and give us your input as it relates to the budget and that was few years ago.
But this is the actual first one that we’ve done entire citizen survey.
Ms. Davis: If it’s, you know, the will of the Commission and we don’t have to decide
that now but I personally would like to see it maybe twice a year just because you know it takes
people a while to catch on that it’s out there and that they can easily use it. And also if we can
like you said compare from this because we use this as a base but I know you’re good at action
items for us so let’s maybe take some of these you know the ones that have the highest priority
and let’s try to see if we can make some changes if they’re appropriate in our policies.
Ms. Allen: Yes, ma’am.
Ms. Davis: Thank you.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Ms. Allen, who did the list of questions come from? What city, what are
we comparing those to the questions that we asked the citizens? Who decided on those, I guess
where did they come from?
36
Ms. Allen: The actual survey itself we looked at various other agencies who have
utilized and have done citizen surveys so you get the demographic information which is common
in surveys. We actually presented it at the retreat and asked for any feedback from the other
respective Commissioners and I know some of the actual items that are on there was some of the
items that were requested from the Commission.
Mr. Williams: So the mass of what was asked from this body. That’s what I’m getting
at. I mean it didn’t come from nobody else.
Ms. Allen: Yes, sir, it was reviewed and approved pretty much at the retreat, yes, sir.
Mr. Mayor: Okay. Thank you, ma’am. Can I get, Commissioner Fennoy.
Mr. Fennoy: Ms. Allen ---
Ms. Allen: Yes, sir.
Mr. Fennoy: --- is there, if we’re going to conduct surveys, is there anything that you
think that we could do to reach a larger segment of the population? I know one of the responses
was that the survey was too long. But what is if anything you could do or that we could do to
make sure we reach a larger segment of the population?
Ms. Allen: The only other thing that we could probably do is news media and that’s not,
you may get a few more people to respond. The other thing that some agencies utilize were
getting an agency to do the calls but what they found is you make a larger investment in getting
someone to make those robo calls and do the surveys, you know, on the telephone. And a lot of
people as soon as they hear that it’s a poll they hang up. But you’re going to be charged for that,
you know, what I’m saying because someone actually the system had to make those calls. So
those are the only other ways that we can probably reach out to citizens. Also probably in the
quarterly or monthly breakfast that the Commissioners have once we establish the next time we
do it if we can kind of promote it in your meetings and get them to reach out to the other there
neighbors and ask that they actually respond.
Mr. Fennoy: Okay.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. Ms. Allen, I think you’re doing a tremendous
job but I wish that two things to be done somewhat different is when we were presented this
packet let’s try and have this at least to give us ample time to go through it so we have follow up
questions to ask you.
Ms. Allen: Okay.
37
Mr. Lockett: And this survey really is not representative of the community as a whole. I
see that certain districts you have a very, very high percent because those districts obviously
have more computers and more time than some of the other districts. But I think this is great and
we need to do this periodically.
Ms. Allen: Yes, sir.
Mr. Lockett: And I wish there was some little kind of thing a button you could put on
now so we’d be able to identify the Commissioners that their constituents don’t know who they
are.
Ms. Allen: Okay.
Mr. Mayor: Thank you, ma’am. Can I get a motion to receive this as information?
Mr. Fennoy: 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.
Motion Passes 10-0.
Mr. Mayor: Thank you, Madam Clerk, on to the next agenda item please.
The Clerk:
PUBLIC SAFETY
36. Motion to approve Resolution Reaffirming 911, Wireless Enhanced 911, and Prepaid
Wireless 911 Fees.
Mr. Mayor: Yes, sir, Mr. Nutter.
Mr. Nutter: Yes, this is just an ordinance reaffirming the necessity of 911 fees.
Historically they were, used to be required every year. They stopped requiring it to be done
every year. I’m getting ready to do an RFP or whatever is appropriate to request and audit of all
911 fees and this will reassure everyone exactly where we stand as far as 911 fees and
requirements.
Mr. Mayor: Commissioner Smith.
Mr. D. Smith: Thank you, Mr. Chairman. Mr. Nutter, just a real quick question I think
you can answer this for me. The current fee structure that is place does not pay completely for
the 911 Center and its operations, is that correct?
38
Mr. Nutter: It is correct, sir.
Mr. D. Smith: So you’re we’re having to budget money out of the general fund to cover
that shortfall?
Mr. Nutter: That is correct, sir.
Mr. D. Smith: If we were to and the state sets the 911 fee is that correct?
Mr. Nutter: That is correct, sir.
Mr. D. Smith: And how long’s it been since the 911 fee has been updated?
Mr. Nutter: I don’t know the exact year but it’s been in excess of 18 years, sir.
Mr. D. Smith: So we’re still we’re still operating the 911 system on money that was
allocated on a fee base from almost 20 years ago.
Mr. Nutter: That is correct, sir.
Mr. D. Smith: And you’ve got a shortage over there of how many people?
Mr. Nutter: Currently I have a shortage of about an authorized shortage according to
what I’m looking at and what I’m requesting this year of approximately twelve people. By a
personnel standard that I use, we’re short of about twenty-two.
Mr. D. Smith: And your pay is some of the low, what’s your starting pay over there?
Mr. Nutter: Our starting pay for a new dispatcher coming in is $27,600.00.
Mr. D. Smith: I believe the current standard for this area is somewhere around $34,000
dollars. Is that correct?
Mr. Nutter: Well, we had a market analysis done and the cities that they compared us to
we are about a thousand and some lower however the important thing that I look at is not only
what the pay is but the level of work that is required. Currently my dispatchers answer 911 calls
and they also dispatch on the radio system. A lot of the other places that were looked at in the
market analysis they only do one function or another. So the level of work and the stress that
they’re under is different.
Mr. D. Smith: Can you just tell me how many calls for service your folks answered.
Now I’m just talking about telephone calls. Do you have a number about that?
Mr. Nutter: Off the top of my head last year it was 684,000.
Mr. D. Smith: 684,000 calls for service.
39
Mr. Nutter: That is correct, sir.
Mr. D. Smith: Wow. I would suggest then that we as a delegation ought to be talking to
our legislative delegation in Atlanta to try to have this fee to where it will help so we don’t have
to put it on the backs of the taxpayer’s that are property owners in the future. Thank you for
your information.
Mr. Nutter: Thank you.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you. Mr. Nutter, while I’m in support of doing all we can for
everybody we can but I’m remembering the conversation upstairs when the 911 crew came in
and said they was making less than the 311 crew and talked about all they did and found out that
was not true. So I need to know exactly what’s what I mean who’s on first and what’s on
second. Now that and I was really disappointed because I was listening with a lot of
disgruntledness because they had shared with us as a body that the 311 answering service was
making more money than the 911 out of all the things they did. Now the 911 money does go to
your department right the money we take the fee whatever they set it at. I don’t know that but it
goes to your department.
Mr. Nutter: That is correct, sir.
Mr. Williams: Okay, so the money that was shared in the chambers upstairs they were
making more money than we first initially thought. Is that right? And I may not have phrased it
right but we told in that room in that meeting that 311 was making more money and we had a
group from your office came in uniform with 911 across their shirts. And it really bothered me
to think that the 311 was making more money. I’m hearing something different now but we
can’t compare to other cities and I heard that from License and Inspection a while ago how we
look at other cities. We’re not doing the same thing they’re doing we don’t have the revenue
coming in how do we expect to pay. And this ain’t your question I’m just saying how do we
expect to pay what the national average is I say when we don’t have that kind of revenue coming
in here. But I’m a little bit confused. Now I heard Mr. ---
Mr. Mayor: I’ll give you another two.
Mr. Williams: --- Mr. Donnie Smith, thank you, Mr. Mayor, to bring those things out and
I want to support but do you remember that incident when we had the workers come in? And I
asked you was that correct?
Mr. Nutter: Yes, sir, I remember the incident. During that the reason I didn’t speak at
that particular time because it was a open forum for the public. But to clarify the point and it
was really an H.R. answer so maybe I’m not answering exactly correctly. The people form 311
came in from other departments so it was like comparing apples to oranges because if they
worked in Environmental Services or Utilities for 20 years they may make more than one of my
40
people coming in but that was based upon what they were making in their previous department.
A new person coming into 311 would not make that same rate of pay and that’s why I sent the
clarifying email the next day that what they alleging was incorrect.
Mr. Williams: What are they making now I mean because I still don’t ---
Mr. Nutter: A new person coming in, sir, makes $27,600 dollars.
Mr. Williams: Twenty-seven six.
Mr. Nutter: And to provide further clarification as far as the rate of pay across the state I
would feel comfortable saying every 911 center in Georgia is not making enough in funds.
Specifically I’ll mention Atlanta. Atlanta is one of the densest populations that receives a lot of
911 fees but over the last I believe the articles over the last five years they’ve run at a $31
million dollar deficit for their 911 Center because of the same reason we’re dealing with, sir.
Mr. Williams: Okay and that stands to reason. I understand that. I’m just trying to make
sure because I don’t want anyone to get the impression that we are not doing all that we can.
And you didn’t say that now but I’m just ---
Mr. Nutter: Yes, sir.
Mr. Williams: --- I heard Mr. Smith and we need to talk to the legislature to make sure.
But that 911 fee has been discussed several times around here and it’s been since the last 18
years about where the money goes and who gets that. The 911 fee was going to the Fire
Department at one time and that was a big discussion about what the Fire Department needed to
get and what they needed to do and what they were answering. So there’s been a lot of
discussion. I’m with Mr. Smith I think we need to look at that and make sure we can do all we
can but I’ve just got too much history so I remember (inaudible).
Mr. Mayor: Can I get a motion on this agenda item?
Mr. D. Smith: Motion to approve.
Mr. Lockett: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. If there is no
further discussion Commissioners will now vote by the usual sign.
Mr. G. Smith out.
Motion Passes 9-0.
Mr. Nutter: Thank ya’ll.
Mr. Mayor: Thank you. Madam Clerk, next agenda item.
41
The Clerk:
FINANCE
37. Motion to approve Water and Sewer Revenue Bonds Series 2014 bond resolution and
authorize the Mayor and Clerk to sign all necessary documents. (No recommendation from
Finance Committee August 25, 2014)
Mr. Mayor: As this action has already been taken can I get a motion to ---
Mr. Lockett: Move to delete, Mr. Chairman.
Mr. Mayor: --- thank you, sir.
Mr. Fennoy: Motion to approve.
Mr. Mayor: Actually he’s making a motion, we’ve already approved it so we’re making
a motion to delete.
Mr. D. Smith: I’ll second the motion to delete.
Mr. Mayor: Okay, we have a motion that’s been made and properly seconded. If there’s
no further discussion Commissioners will now vote by the usual sign.
Mr. Williams: I’m going to let this one slide, Mr. Mayor, but that’s why it’s on here and
I’ve got no problem. I mean some fights you ain’t going to win. I just still think we ought to
fight anyway.
Mr. G. Smith out.
Motion Passes 9-0.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
FINANCE
38. Motion to approve requesting an opinion from the Georgia Attorney General relative to
scope/proper use of funding from SPLOST for non-profit organizations. (Requested by
Commissioners Wayne Guilfoyle and Donnie Smith)
Mr. Mayor: Would Commissioner Guilfoyle or Commissioner Smith like to speak to
this?
Mr. Guilfoyle: Yes, sir.
Mr. Mayor: Commissioner Guilfoyle.
42
Mr. Guilfoyle: Thank you, Mr. Mayor. First of all I’d like to reach out and thank Philip
Watkins for reaching out to the Commission in regards to this. I think a lot of people want to see
this next SPLOST done right, done correctly and do it in a proper fashion by what Tameka had
showed us on these questionnaires. But 57% of the people who did the survey is in approval of it
so I think it’s for our best interest to do this next SPLOST VII correctly and to get an opinion for
the Attorney General so he can lay down his opinion as far as the law whether it’s right or wrong
on who we give the money to and who don’t give money to. And with this survey you will see
that 52% of the people’s priorities are the roads and infrastructure so I’d like to make a motion to
approve this.
Mr. Mayor: Is there a second on that?
Mr. D. Smith: I’ll second it.
Mr. Mayor: Commissioner Smith then Commissioner Mason.
Mr. D. Smith: Thank you, Mr. Chairman. My question is for our legal counsel, Mr.
MacKenzie.
Mr. MacKenzie: Yes, sir.
Mr. D. Smith: I know that in other situations the Attorney General has told us that he
doesn’t work for us and he is been reluctant to give us opinions because basically you’re the
attorney general for this government as the general counsel. Are we going to be able to get the
attorney general to weigh in on this?
Mr. MacKenzie: We can always ask. Sometimes if it’s an issue of wide reaching
concerns something like this that will affect multiple jurisdictions sometimes if they have extra
resources they will. It never hurts to ask.
Mr. D. Smith: Thank you, I appreciate that. That’s all I have, Mr. Chairman.
Mr. Mayor: Okay. Commissioner Mason then Commissioner Hasan then Commissioner
Williams then Commissioner Lockett.
Mr. Mason: Thank you, Mr. Mayor. I think I understand what you’re trying to do here
but I don’t understand why we’re doing it. To me it’s a no brainer and I think we’ve even heard
that from some of the results of this survey that went out. I don’t really give two cents what the
attorney general says. I mean to me it’s just not something that should be happening. That’s not
a priority in my mind. So I mean certainly we can get an opinion but at the end of the day this
body needs to make a decision on monies and what it should be used for where the priority is at
the end of the day. So you know I can support it for you if that’s what, if you just want to hear
from him but at the end of the day and of course I won’t be up here but it wouldn’t matter to me
what he says one way or the other because at the end of the day we’ve got to make that decision
and it’s just a matter where your priority is. Thank you.
43
Mr. Mayor: Commissioner Hasan then Commissioner Williams then Commissioner
Lockett.
Mr. Hasan: Yes, sir, Mr. Mayor pretty much we probably come out better. I took the
liberty based when I saw the question on here to the attorney general. Like the attorney said you
know he may be inclined to respond he may be inclined not to because he doesn’t necessarily
work for Augusta Richmond County. So I took the liberty of asking the Chairman of the
Delegation Wayne Howard for an opinion about the very same thing in terms of also about
SPLOST interest on SPLOST money. All of those kinds of things I did that for me, he did that
for me and not for the body and so hopefully we’ll get that and see. But I do agree concur with
Commissioner Mason in the regards that even if it comes back that you can do certain things the
priority should be the infrastructure first and foremost. And if we have anything else as a result
at the end of the day then so be it. But just for our own I guess knowledge base that we know for
the record but I still think our priorities are the infrastructure. But I did ask for that on my own,
my own personal preference I asked for that information from the legislation legal counsel. The
legislative legal counsel are the individuals who put together the law for the legislature for the
State of Georgia. Thank you very much, Mr. Mayor.
Mr. Mayor: Thank you and please share when you get that information. Commissioner
Williams then Commissioner Lockett the Commissioner Mary Davis.
Mr. Williams: Mr. Mayor,othat’s why the SPLOST was set in place in the beginning for
infrastructure but I guess my question is if the Charter allows for us to give SPLOST or use
SPLOST money for private entities, how is it that some have to follow the guidelines and I guess
we need that attorney general’s list if we’re going send a request in. How is it that some have to
follow the city’s guidelines but then some who we select to get SPLOST money don’t have to
follow the guidelines? If it’s SPLOST money if it’s money that we handle and there’s a
guideline I’d like to know does the guidelines supposed to fit everybody or do we pick and
choose who we want? A perfect example is we looked at and I asked this question to the
Finance, Assistant Finance Director, Mr. Schroer, about fielding the entities that got SPLOST
money had to go by the Procurement rules. But then there’s other entities and I was told by not
this attorney but by a attorney that they asked for help as if they couldn’t manage the money.
That don’t make good sense to me. But if we’re going to pick and choose who’s going to handle
it if it’s if SPLOST guides rules the rules ought to be known for everybody and everybody’ll be
able to play by those same rules and not be anything different. I’ve got some issues with that
part of it. We make that final decision like Mr. Mason said. If the rules allow us to give those
SPLOST funds to certain entities we ought to make sure that the guidelines are followed and
they be done fairly. And I had not seen that and that really bothers me. So that’s my comment,
Mr. Mayor.
Mr. Mayor: Thank you, sir. Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. You know it’s kind of ironic that the maker of
this agenda item was in complete support of giving Georgia Regents University $8 million
dollars for a Cancer Center. This body gave $10 million dollars to MCG for a dental school.
The failed SPLOST VII Referendum was giving out money by the bucket. It’s kind of
44
questionable why this would come up at this juncture. The way you get a SPLOST package
passed is by offering some thing’s to those people in the population that can generate votes for
the package. If we eliminate these it’s a good possibility that the next SPLOST is going to go
down like this failed SPLOST VII Referendum did. And we can’t afford because this time and
November of next year if this SPLOST doesn’t pass we’re going to really be hurting because the
SPLOST money is going to be cut off and we’re not going to have it. So what we need to do is
we need to continue to pass that we’ve been on. And I’m kind of surprised with the response the
general counsel gave because there have been many times when Commissioner Mason and I
tried to get the general counsel to get a reading from the attorney general. And this is the first
time I heard the response that he just gave. I think one time the general counsel went so far as to
say that the attorney general wouldn’t do it because something to the effect that we are a
consolidated government. We need to have consistency here. I realize that SPLOST when it
was first passed ---
Mr. Mayor: I’ll give you another two.
Mr. Lockett: --- thank you was for infrastructure. But we have many other needs than
infrastructure but I will say that infrastructure is the most important. We need to get good
sewage we need to get good streets, paved streets. We need to get the potholes we need to get
the sidewalks for the walkability. There are many things that we need but I think that we should
set aside a small amount for some of these other entities that do an outstanding job in our
community and rely on that Christmas gift which is SPLOST about every five or six years.
Thank you, Mr. Chairman.
Mr. Mayor: Commissioner Mary Davis.
Ms. Davis: Thank you, Mr. Mayor. I was curious if I don’t know if Ms. Allen knows.
Have we ever reached out to GMA or ACCG to get any information as far as non-profit
organizations that receive funds from their SPLOSTS throughout Georgia? Do you know about
that?
Ms. Allen: I know they’ve spoken with them in regards to some of the other questions I
think that have been brought back from the Commission, Finance Department has in clarifying
some of the information as well as Jim Plunkett. However we don’t have anything from the
Attorney General in regards to that but they have spoken to different people in ACCG.
Ms. Davis: So we have reached out to them for their information ---
Ms. Allen: Yes.
Ms. Davis: --- from other counties. Okay. Thank you.
Mr. Mayor: Okay, we have a motion that’s been made and properly seconded.
Mr. Williams: Mr. Mayor, before we take the vote ---
45
Mr. Mayor: Commissioner Williams.
Mr. Williams: --- can you clarify something for me? Are we voting to allow the
Attorney to contact the Attorney General or does he have that direction coming from these, these
two requests?
Mr. Mayor: Yes, it’s to request that the Attorney reach out the Attorney General to
request an opinion.
Mr. Lockett: Mr. Mayor, I’d like to make a substitute motion.
Mr. Mayor: Commissioner Lockett.
Mr. Lockett: I would like to take Commissioner Hasan’s lead and my motion would be
to ---
Mr. Mayor: Substitute motion.
Mr. Lockett: --- my substitute motion would be to have our Legislative Delegation
get in contact with their legislative people for a ruling on this.
Mr. Fennoy: Second.
Mr. Mayor: Okay, we have a substitute motion that’s been made and properly seconded.
If there’s no further discussion Commissioners will now vote by the substitute sign of voting.
Mr. Guilfoyle votes No.
Motion Passes 9-1.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
ENGINEERING SERVICES
39. Motion to approve the termination of the contract between Heery International and
Augusta, Georgia. (Requested by Commissioner Marion Williams)
Mr. Mayor: Commissioner Williams.
Mr. Williams: Mr. Mayor, I don’t think I’ve got the support that I need yet. I’m going to
move this to the next Commission agenda. I’m not going to alleviate it but I will move it to the
next Commission agenda.
form of a motion?
Mr. Mayor: Are you making that in the
Mr. Williams: Yes, sir.
46
Mr. Mayor: Is there a second on that?
Ms. Hasan: I’ll second that, Mr. Mayor.
Mr. Mayor: Okay, we have a motion that’s been made and properly seconded.
Commissioner Guilfoyle.
Mr. Guilfoyle: Yeah, I’d like to make a substitute motion that we suspend this
indefinitely until we come to a later time were we get the consensus of this body because it keeps
coming back and just wasting our time and it doesn’t do anything positive. Now if we, Mr.
Williams wants to garner support to bring this back up I think that’ll be good at a later time. But
for this to be on the agenda every week it’s just plain foolishness on this.
Mr. Mayor: And I don’t know though and I’ll check with Legal counsel on this. I don’t
know that you can make a motion to suspend something indefinitely. Mr. MacKenzie.
Mr. MacKenzie: You can make such a motion. It doesn’t prevent a Commissioner from
placing an agenda item on a future commission based on the current reading of the rules.
Mr. Mayor: Okay, is there a ---
Mr. Guilfoyle: Wasting more time then.
Mr. Mayor: --- so you would withdraw the motion.
Mr. Guilfoyle: Yup.
Mr. Mayor: Okay. We have a motion that’s been made and properly seconded. If
there’s no further discussion Commissioners will now vote by the usual sign.
Mr. Fennoy: Could you repeat the motion, please?
Mr. Mayor: Madam Clerk.
The Clerk: The motion is to refer this item to the next Commission meeting the
termination of the contract between Heery International and Augusta, Georgia.
Mr. Mayor: Commissioner Fennoy.
Mr. Fennoy: And I guess I could ask the attorney. What happens if this motion fails?
Mr. MacKenzie: Then the, any Commissioner can as long as they comply with the
timeline’s request that an item be placed on the next agenda or that the Commission approves it
or not.
47
Mr. Fennoy: Okay.
Mr. Mayor: Okay.
Mr. Johnson: Mr. Mayor?
Mr. Mayor: Yes, sir, Commissioner Mason.
Mr. Mason: I don’t what number this is in terms of times this has been placed on but I
don’t think we voted on that before. I think he just hollered out to or said to the Clerk to put it on
the next agenda. I mean so I’m not even ---
Mr. Mayor: And if this motion ---
Mr. Mason: --- sure why we’re voting.
Mr. Mayor: --- if this motion fails he’ll say that again. So go ahead and vote.
Mr. Lockett: Madam Clerk, what is the motion?
The Clerk: The motion is to refer this item to the next Commission meeting. Mr. Mayor,
let me record the vote.
Mr. Fennoy, Mr. Johnson, Mr. Mason, Mr. Lockett and Mr. Williams vote Yes.
Ms. Davis, Mr. Hasan, Mr. D. Smith, Mr. Guilfoyle and Mr. G. Smith vote No.
Motion Ties 5-5.
Mr. D. Smith: The Mayor gets to vote.
The Mayor votes No.
Motion Fails 5-6.
Mr. Mayor: I just wanted to hear you say it one more time.
Mr. Williams: Madam Clerk, put that back on the next Commission agenda.
The Clerk: Yes, sir.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
ENGINEERING SERVICES
40. Update from the Interim Administrator regarding the Municipal Building renovations.
Mr. Mayor: Mr. Cassell. I’m just a tie breaking fool.
48
Mr. Cassell: Mr. Mayor, members of the Commission the update on the Clerk of
Commission’s space we met last Wednesday a group (inaudible) architect Heery as well as
several Commissioners were there and discussed the modification to the proposed Clerk of
Commission space. One of the things they wanted to do is this break room up in this area, get
some new cabinets here. Also there’s a wall existing right here on this room to create that is to
take out that wall and sort of create a multipurpose space for the citizens to come in and review
documents that they ask to review from the Clerk of Commission. Right now at least speaking to
Ms. Bonner we’ve got the concurrence on the space and the size of the room for stuff like that.
The one point we’ve got to make is on the furniture itself, the shelving system. We went into the
Clerk of Court’s space, reviewed what she had and Ms. Bonner liked it. One of the things we
had was the height of it but she had some concerns with that and then also the addition of some
rolling files. Some of her older records these big heavy books that go back to the eighteen you
know whenever. She knows she can tell you the exact date. They’re fairly difficult to slide and
they really shouldn’t be standing up on end like in a bookshelf. They really need to be laid flat
similar to what they have at the Clerk of Courts, not that many but at least some provision for
those to make it easier to slide those in and out. And I think that once we meet with Modern
Business on Thursday at 9:30 we’ll hopefully have some resolutions to the furniture and be able
to move forward.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. I was there at that meeting and first I want to
apologize to Ms. Bonner for some of the attitudes and some of the things that were said. And I
want to thank Mr. Mayor, I mean Mr. Commissioner Elect Sammy Sias for taking the lead and
helping us in that meeting. But we‘re talking about two possibly three very minor changes.
Ya’ll want to know why I put it back on the agenda to disassociate ourselves with this
organization they call themselves working for us but we’re talking about two minor changes.
And we’re talking about sixty one thousand seven hundred something dollars to make those
minor changes. If you put that drawing back up just for a minute I’d like to show on Room 234
where the walls are supposed to be. This is a whole new room that’s been added. Everything
been gutted out. There’s no bearing wall. Can you put that up just a little bit, Steve, so we can
see it, 234. There’s a wall in the middle of this room that’s coming straight down from where it
says Conference Room, straight down. But this is I mean I don’t build anything in fact. I can’t
build a doghouse but this don’t make good sense, Mr. Mayor, for us to consider spending
$671,000 thousand dollars to make two ---
Mr. Speaker: $61,000.
Mr. Williams: --- okay, I’m sorry $61,000 that’s right I got my numbers mixed up now,
$61,700 something dollars. I don’t have the exact figure to make two maybe three minor
changes. The other one here on Room 234, Steve, is higher up there you need to bring it down.
The mail boxes that the Commission gets their mail in when packages come in there’s a, from
what I’m told there’s some wall space on the other side where they have the outlets to be plugged
in. They got to move those outlets up.
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Mr. Mayor: I’ll give you two more.
Mr. Williams: Thank you, Mr. Mayor. For that much money I need more but anyway
you’re going to spend that much money to make those minor changes and Mr. Sias had to sit
there with us to at least share with us what we was trying to do. The Clerk has been handicapped
for the last ten to twelve years with two females who have been with her a long time. She’s been
shorthanded at least two people or maybe three have not complained. And when she asked for
this stuff to be done nobody paid attention. Now we’re saying now that we’re going to make
these modifications that should’ve been made in the beginning because she did contact, she did
make communication but didn’t get any feedback. So that’s why it’s going to be on the agenda
as long as this body will be in existence. But I’m disappointed very disappointed to have all of
that put out there like that. And I’ll say again to Mr. Sias I appreciate your support in helping. I
know the Clerk does.
Mr. Mayor: Commissioner Fennoy.
Mr. Fennoy: Steve, the other phases of the renovation, where are we with that?
Mr. Cassell: I think right now I think the original move in date for this was going to be
st
October 31. Obviously there’ll be a resolution from this that that date’s going to move. But I
think for the most part all the other floors are pretty much on schedule. We should be done in
the spring so.
Mr. Fennoy: Okay, but I was looking for an update about the total renovation of the
Municipal Building in addition to an update about the status of the Clerk’s office.
Mr. Cassell: I apologize, I mean I was looking more for the renovations for this part.
The Clerk: Mr. Fennoy, the Administrator ---
Mr. Mayor: Ms. Bonner.
The Clerk: --- Mr. Mayor, yes, thank you. The Administrator did do the update at the
last Engineering Services Committee and the meeting that took place on last Thursday was at the
direction of the Engineering Services Committee. So she was only to bring this portion back
today.
Mr. Fennoy: Okay, all right.
The Clerk: So we apologize for the wording ---
Mr. Fennoy: No problem.
The Clerk: --- if that somehow mislead you.
Mr. Hasan: Mr. Mayor?
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Mr. Mayor: Commissioner Hasan.
Mr. Hasan: Yes, sir, Friday morning I was available I was in the building over there the
Judicial Center and I decided to go into the Clerk of Courts Elaine Johnson’s office and kind of
look around and try to see exactly what Ms. Bonner was up against or the city was up against to
be more true to form. And I think we probably just kind of braced herself in terms of what she
actually need. I think we have no idea when I went in there to try to see like Steve was saying
that you know where the books has to lay down an different types of equipment she needs to
place those things in. And it’s going to be kind of interesting. So just hold your seatbelts in
terms of some of the things she’s going to actually need to modify this office. And one of the
other things I’ve heard someone say before which is a great statement to say about her digitizing
some of this information. And I asked the young lady who’s the Clerk of Court’s Ms. Johnson’s
assistant over there who walked me around and showed me the whole facility over there. She
was saying currently there were doing just that digitizing but they didn’t have the manpower nor
did they have the financial resources to make that happen. But that was their also their desires.
But she said keep in mind the books still don’t go anywhere so I think truly we still don’t have
no idea what she actually needs. I think by them going in there last week Steve in particular it
kind of opened his mind expanded his mind about some of the needs actually for that office to
maintain the city records, not Ms. Bonner’s records, the city records at the end of the day. Thank
you Mr. Mayor.
Mr. Mayor: Okay, Steve, is there any action you need from the body today?
Mr. Cassell: No, the item was just to give the update. I’m going to meet with Modern
Business on Thursday and hopefully have Ms. Bonner sign off on the space and, you know,
agree with the changes we’re proposing and then if you want we can bring another update on
Tuesday as far as how that went on Thursday.
Mr. Mayor: Okay.
Mr. Mason: Motion to receive as information.
Mr. Fennoy: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded.
Mr. Williams: Mr. Mayor, before we vote now ---
Mr. Mayor: Commissioner Williams.
Mr. Williams: --- in that meeting they talked about fees for the architect and all he did
was raise a wall but they were talking about those fees. Now what now, Ms. Allen, ya’ll help me
out. Before we vote is those fees going to be attached to what and how much because when I left
the meeting unless ya’ll had a meeting after I left that wasn’t disclosed as of yet as to what we
were going to be signing off on.
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Mr. Cassell: You’re talking about for the walls and the architect’s fees for designing it.
The issue with the wall is my understanding is if you take out a wall it’s got data lines, electrical
lines, all kinds of stuff. In addition to that you’re going to have to rework the floor, rework the
ceiling, repaint the walls and there’s a lot that goes into just removing a wall for it to look just
right. So but anyway you know to answer your question I think at this point the fees are still and
the construction costs are still on the board.
Mr. Mayor: Okay, we have a motion that’s been made and properly seconded.
Mr. Williams: Mr. Mayor, are we voting to pass their fee? I mean what ---
Mr. Mayor: Just to receive this as information.
Mr. Williams: I just want to be clear.
Mr. Mayor: Okay. Commissioners will now vote by the usual sign.
Mr. Guilfoyle out.
Motion Passes 9-0.
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
September 2, 2014.
______________________________
Clerk of Commission
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