HomeMy WebLinkAboutRegular Commission Meeting October 7, 2014
REGULAR MEETING COMMISSION CHAMBER
OCTOBER 7, 2014
Augusta Richmond County Commission convened at 2:00 p.m., October 7, 2014, the
Hon. Deke Copenhaver, Mayor, presiding.
PRESENT: Hons. Guilfoyle, Mason, Harris, Williams, Fennoy, Hasan, Davis and Smith,
members of Augusta Richmond County Commission.
Absent: Hons. Lockett and Johnson, members of Augusta Richmond County
Commission.
Ms. Bryant: --- happy to recognize our Years of Service recipients. We have twenty-two
recipients, we have twenty-two recipients with five to twenty years of service and nine recipients
with 25-50 years of service and two are here today. So we’re going to begin with 25-years of
service for Ms. Dana Pedigrew with Recreation, Parks and Facilities. (APPLAUSE) And we
have the pleasure of acknowledging Ms. Morawski with 40 years of service. (APPLAUSE)
Again congratulations to you all and thank you so much for your service. (APPLAUSE)
Mr. Mayor: Okay, if everybody’s ready I’ll go ahead and call the meeting to order and
like to call on Reverend Dave Vosseller, Senior Pastor, Lakemont Presbyterian Church for
invocation. Please stand.
The invocation was given by the Reverend Dave Vosseller, Senior Pastor, Lakemont
Presbyterian Church.
Mr. Mayor: Please join me in the Pledge. Okay, Madam Clerk, before we ---
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mason: (inaudible).
Mr. Mayor: --- oh, excuse me, yes, I do. Pastor, if you could come forward, I’ve got a
little something for you. Thank you, Commissioner Mason. Thank you for that wonderful
invocation and I’d like to present you with this. Office of the Mayor. By these present be it
known that Reverend Dave Vosseller, Senior Pastor, Lakemont Presbyterian Church is Chaplain
of the Day for his civic and spiritual guidance demonstrated throughout the community. Serves
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as an example for all the faith community given under my hand this 7 Day of October 2014.
Deke Copenhaver, Mayor. (APPLAUSE) Okay now Madam Clerk as we move into the
delegations I believe that we had an addition to the delegation.
The Clerk: Yes sir. It was an omission from the Clerk’s office and we ask that you
consider adding Ms. Susan Swanson as a delegation.
Mr. Mason: So moved.
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Mr. Mayor: Do we have unanimous consent on that?
The Clerk: Okay, thank you.
Mr. Mayor: And we’ll take them A, B, C and then the addition.
The Clerk:
DELEGATIONS
A. Presentation by Mr. Stan Brown regarding unsafe working conditions relative to
violence and threats of violence. (Requested by Commissioner Ben Hasan)
Mr. Mayor: Mr. Brown? And if you could keep it to five minutes, please, sir.
Mr. Brown: Good afternoon I am Stan Brown and I am employee of the Augusta
Recreation Parks and Facilities and we have a lot of problems safety wise. On August, August
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26 of this year my family and I were threatened by young man in the presence of
(unintelligible). I didn’t know who the guy was so I couldn’t call the police and give them any
information. The next day the guy comes back again and I refused him service. I then dialed
911 per the Policy and Procedures Manual. I sat there and waited for the police to get there. It
took a while. About two or three minutes later my supervisor calls me and asked me am I busy.
I said yes I’m pretty busy so she asked me to come to the front office because she had a problem
with a customer. The customer it the turned out to be the guy who had threatened me for the
second time that day. I told her I was not willing to come without police protection. She yelled
at me and demanded I come to the front office. I went to the front office and told everyone at the
front office what I had just gone through because now they wanted me to meet with the guy that
threatened my family the day before and this present day. And they didn’t know whether this
guy had a gun or a bomb in the office. So I go into the meeting take Maurice McDowell with me
as a witness and a tape recorder. I was not allowed to use my tape recorder and I was asked to
leave. But before I left I had a few words for Mr. Harkins who I later found out that what his
name was. I told him he wasn’t going to do anything to me and that if he came near me I was
going to be forced to defend myself. I had to say this because one my supervisors provided me
no protection. They wouldn’t allow the police to come and find out who this guy was and
protect me and my coworkers in the building. I was thrown out, yelled at, get out of my office
and I yelled back because I was very angry because this guy had told me the day before I know
what kind of truck you drive and you can take that as a threat. And my supervisor did nothing
but suspend me for three days because I yelled back at my supervisor. So I lost money. I had to
rearrange my life until I find out who this guy was and what his intentions were. Nobody helped
me, I had to help myself. My wife was concerned, she was worried, she was sleepless and that
upsets me. My employees, not my employees my coworkers are upset because now they don’t
want to work in that condition either because there’s some things that happened after that. On
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the 15 of September there were two gangs that were at the center. The gang members came in
the building and the only thing that saved us was the fact that Butler High School’s principal and
their safety officers who were armed came in and got the guys that were involved. That saved us
that day. The next day the same feuding gangs come and they hide a gun in the playground at
our center. The guys on the inside also had guns. Nothing we could do but hide in our office but
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when we bring this up I talked to H.R., I’ve talked to Risk Management and nobody visited
anything. They hadn’t came and talked to me that hadn’t came and talked to my coworkers they
just, a bad place to be nobody’s talked to us. I feel like I’m in a position that something will be
done when somebody’s child gets killed or one of the employees get killed. I don’t want to be a
reaction I just want to do my part and let you know what’s going on because I don’t come to
work to fear for my life. I just come to work to do a job be safe and go home at the end of the
day. I do not want a child’s life on my hands. I don’t want to have to hurt anyone’s child and I
don’t want anybody’s child taunting me but something has to be done. I had other coworkers to
have similar problems. She was trapped in the building with an inmate, she didn’t know he was
there. She reported it to the director and he said well he didn’t have time with the concerns of
his employees. Well, she did the same thing I did. I told them I’m holding you personally
responsible for my safety. Who else am I going to uphold my safety? This is my story and this
is my complaint.
Mr. Mayor: Okay, thank you, sir, and your five minutes are up.
Mr. Brown: Thank you.
Mr. Hasan: Mr. Mayor ---
Mr. Mayor: Commissioner Hasan.
Mr. Hasan: --- yes, sir. Mr. Mayor, I had this put on the agenda today because on 9/29
for a committee meeting Mr. Brown had made an appeal to put this on the Public Safety
committee and our Clerk of Commission, Ms. Bonner, put it on the Administrative Services
committee. Now before I go further I’d like to try to you know Mr. Bonner to clarify what was
the rationale of moving it from the Public Safety committee to the Administrative Services
committee.
Mr. Mayor: Ms. Bonner.
Ms. Bonner: Yes, sir. When we get submissions for a request to appear before a
committee, sir, we usually oversight to make sure that the request is placed on the appropriate
committee that has oversight for that particular issue. Mr. Brown’s issue was work place
violence. Work place violence falls under our Personnel Policy and Procedure Manual. He’s an
employee, falls under H.R. which has oversight over the Policy and that falls under
Administrative Services. So we redirected Mr. Brown’s request to Administrative Services for
that purpose.
Mr. Hasan: Thank you, Ms. Bonner, thank you, Mr. Mayor. The reason I asked that
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because on the 29 as I mentioned the item was on the Administrative Service. The
Administrative Service Chair Commissioner Lockett right before we got to Administrative
Service he came and approached me and asked me said he had no idea why it was on our agenda
and he would like to remove it. And in fairness well I guess in openness that I told him well go
ahead I have no problem with it based on what he said. So that being said first I’d like to
apologize to Mr. Brown and to this Commission for not just looking at what some of the details
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were before I gave someone authority to do that especially with such a sensitive issue. I think
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that could’ve between the 29 and now only God knows what could’ve happened. We thank
God nothing did happen. And so first I’d like to apologize to you Mr. Brown for at least not
looking at the details and just taking the liberty to dismiss just giving the Administrative Services
Chair okay you have my support in doing that. Now, Mr. Mayor, I would like to know I mean
do we need to go further in this because I want to kind of look at this a little bit to try to see
about some of the concerns here in terms of why he was not given some protection with some of
the things that Mr. Levine or Mr. Joanie Smith may have to say with regards to some of the
behavior that was displayed or the lack of display by Mr. Brown because I think it’s a very
serious issue. Also I’d like to say for disclosure I did go to court. I think he ended up taking a
warrant out on the young man and that it went to court Thursday and my schedule was free so I
did go to the court as well. And Judge Allen’s court ---
Mr. Mayor: I’ll give you another two.
Mr. Hasan: --- look at some of those things so I just kind of wanted to look into this, Mr.
Mayor, and if you all say well this has to be dealt with in Legal or something but I think it’s
something we need to look at based on some of the reports we saw on television as well. Other
employees of this government the Recreation Department in particular are concerned about their
wellbeing. So I just want to say well what do we suggest, we discuss that here anybody if you
have any suggestions.
Mr. Mayor: And I would look to the Attorney. It seems like we’re treading into the, I
mean into personnel on this. Mr. MacKenzie.
Mr. MacKenzie: I would agree. Some of the aspects that you would be discussing
relating to this matter with regard to what Mr. Brown raised would relate to personnel matters if
it relates to anybody being considered for discipline for what they did or didn’t do. If you’re just
discussing public policy about safety issues in recreation facilities and for employees that is
something that you could discuss as long as it doesn’t relate to a specific security plan for which
you could discuss in a Legal meeting.
Mr. Hasan: Well, I think, Mr. Mayor, for the record I might as well go into a little more
detail than that. I want to know about the policy that was violated, possibly violated I would say,
and some of things about there’s some actions that was not taken. I want to know about the
appellate process whether it was given. Obviously he was suspended for three days. I want to
know did he attempt to appeal, was he granted the appeal why he was not granted the appeal or
who was the submitter who was the one who oversaw the appeal or did he have that appeal. So
all those things are on the table for me, Mr. Mayor.
Mr. Mayor: Okay and I don’t know that, you know, that this is the appropriate place. It
almost sounds like you know a trial procedure that you’re asking me to go through at this point.
But, Mr. MacKenzie, with regards to I mean I guess we can have department heads come up and
give what the policy is on these matters but are we treading you know, what is your legal opinion
as long as it’s policy I guess we’re.
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Mr. MacKenzie: Yeah, I would agree. If you’re just looking for what the policy is that’s
certainly something you could do on the floor. If you’re getting into details relating to employee
disciplinary matters that’s something I would recommend you go to discuss in a legal meeting or
you could task for staff, your Administrator, H.R. Director, someone with looking into certain
things if that’s what you need to look at to get some of the answers to the questions that were
raised.
Mr. Hasan: This is my final comment, Mr. Mayor, if you don’t mind. Well, I think
we’re probably going to delve into some of those things that the Attorney is concerned about
discussing on the floor but I definitely will say for the record I hope that my colleague does not
recommend that H.R. or Human Resources get involved because their names are mentioned in
the documentation so they wouldn’t be a good investigator at this point. So I think that it’s best
we probably do it in Legal at some point in time in the very near future most surely not today
with the chamber full unless we do it after the meeting.
Mr. Mayor: Okay, and that’s up to the will of the Commission at the end of the meeting.
There is a place holder for Legal but I agree with your path forward. Commissioner Mason then
Commissioner Williams.
Mr. Mason: Thank you, Mr. Mayor. Thank you, Mr. Brown, for coming forward and
giving us that information.
Mr. Brown: You’re welcome.
Mr. Mason: I’m not going to try and determine who did what here today. I think that’s a
matter not for this setting but I do not want to go past today from a policy standpoint and
understanding and insuring certainly as the Public Safety Chairman and just as a Commissioner
period that our public is safe at the venue that you’re operating from. We can’t go past today not
knowing that there’s things in place and being utilized properly and the protocol is in place. So I
not dealing with the personnel issue but I definitely want to deal with the policy issue in terms of
what is brought to the attention of supervisory staff and so forth that there is a issue in terms of
safety that not only hinders potentially your employee but also hinders the public at large. I need
to know exactly what that policy is.
Mr. Mayor: I think that would be more for the department director.
Mr. Mason: Right, right, Mr. Levine, is he here?
Mr. Mayor: Is Mr. Levine here?
Mr. Levine: Good evening. So as a matter, it’s a matter of practice whenever we receive
a complaint from an employee or a member of the general public we do a thorough investigation.
I can assure you that a thorough investigation was done in this case and there were no threats to
have been found and there was no safety procedures that would’ve been warranted. I can tell
you that a review of our incident reports by Risk Management over the last four years have
shown that we’ve had four incidents at our community centers and athletic fields that involved a
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handgun. And that is after a total of, we had a total of 5,250,000 visits to these locations and in
four years there were four incidences. One was a gentleman who was robbed at gunpoint at a
picnic table at a picnic shelter. The other three, two of them involved a, two of them involved a
couple of gentlemen who were upset about calls made on a basketball court or athletic field.
And one was this incident which really is a personnel matter.
Mr. Mason: Well, I mean I appreciate that but I didn’t get the specifics in terms of
timeframe. You said it was handled. I mean is that something that was, the situation was
brought to you on that day and you did the investigation that day?
Mr. Levine: It was actually reported, I need to check the records. I believe it was
reported the following day and on that day we began an investigation. We involved Risk
Management and H.R. from the very beginning. We take employee safety and the safety of the
general public very seriously. We just hired a safety officer in our department to review our
procedures to insure workplace safety to insure safety for the people using our parks and
facilities. We cooperate fully with Risk Management whenever they come to us with any
concerns. We offer training to our employees on a plethora of topics and additionally after I
think it was House Bill I’m going to tell you 60 passed relative to the carry laws in Georgia; we
asked the attorney’s office for an interpretation so that we could provide training to our staff.
Mr. Mason: Who is this that did the investigation?
Mr. Levine: The investigation was done by Deputy Director Joanie Smith.
Mr. Mason: Okay and so obviously there’s a discrepancy in terms of what you’re saying
and in terms of what ---
Mr. Levine: The other employees were ---
Mr. Mason: --- is here.
Mr. Levine: --- other employees were questioned. The individual who claimed who was
claimed to have made the threat was questioned. His parents are involved, they’ve been, it gets
to be a very involved process after a while but everyone who was there was questioned and
everyone’s story was very similar except one person.
Mr. Mason: Okay, I guess the last that I would ask you and I’m not going to get in depth
with that but you’ve made or who made the decision and why was the decision made that a
suspension was warranted?
Mr. Levine: You know that I think is what Andrew referred to as personnel issue so I
think we should ---
Mr. Mason: Well, I mean as a policy who makes the decision? I’m not talking about him
particularly. As a policy who makes a decision that a suspension is warranted?
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Mr. Levine: Okay, the suspension of being warranted was decided by myself in
collaboration ---
Mr. Mason: No see now you’re telling on yourself. I’m not talking about what was
made I’m saying in a situation ---
Mr. Levine: Any situation ---
Mr. Mason: --- who makes the decision on a suspension?
Mr. Levine: --- in any situation, in any situation the director would have the authority to
recommend discipline. And we always since I’ve been here for the last year and a half or so
have done that in collaboration with H.R. because we’re very concerned about maintaining a
consistent, our actions be consistent with the actions of other departments.
Mr. Mason: And you’re saying you would utilize the discipline that’s outlined in the
Policies and Procedures Manual?
Mr. Levine: Yes, sir.
Mr. Mason: Okay.
Mr. Mayor: Okay, Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. Two things first off Mr. Brown stayed here all
day long on committee day and we, committee decided not to hear that and I think he lost pay.
And I think he should be first of all considered for that. The second thing is is with the passing
of this new gun law well people can carry guns anywhere in church and everywhere else. I mean
when someone’s life is threatened now if it ain’t your life it may not affect you but if it’s your or
somebody related to you it’s totally different. I don’t want to get into who said what, when or
where but I do know that this needs to be brought to a committee of some kind to be discussed so
we can get passed this and hopefully get something resolved where in the Recreation Department
there’s no guns permitted because the law says so and I’m not I can’t quote Andrew right now
but I think there’s a stipulation about it. A sign should be in place where you don’t allow
firearms to be in there. I see the Sheriff’s out there and all these other deputies they might be
able to help me with that. But anytime someone feels like their life is threatened and they call
someone whether it be the coworker or, now if we’ve got people working for this government
that we can’t trust to even tell the truth about being threatened then I think we’re in, it sounds
like someone don’t believe somebody and I believe Mr. Brown. He’s a big man. If I were your
size, Mr. Brown, I don’t know how many people are going to threaten me but if I were your size
but the point is if your life was threatened and that’s the most serious issue. That’s as far as you
can go without doing some bodily harm to somebody when you openly threaten and you’re
feeling the reparations with the people you deal with in that area, the kids that come along that
think they know more than you know and think they can run ---
Mr. Mayor: I’ll give you another two.
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Mr. Williams: --- thank you, Mr. Mayor. I’m going to need more than that I think but I
just want Mr. Brown to know that we are not going to just sit here and let this go by. We’re
going to find out what actually happened and we’re going to try to resolve this so it’ll be better
for not just you but any employees for any taxpayer that wants to come in any facility we got.
The thugs are going to have to go on the other side of Phinizy Road down there and if they want
to play ball with somebody we got some folks they’ll play ball with. But on the recreation field,
Mr. Mayor, we need to make sure that this gets resolved as soon as possible.
Mr. Mayor: Okay, thank you, sir. Commissioner Fennoy.
Mr. Fennoy: Mr. Levine, as far as policy is concerned what is our policy concerning
having deputies at little league, football, softball and basketball games?
Mr. Levine: Okay, we currently do not have deputies at those games on a regular basis.
If a threat is perceived or a 911 call is required we have staff to do that. That was, that’s actually
a change from a couple of three years ago when deputies used to be there. That was as you know
a budget issue through the Sheriff’s office and we’re working with the Sheriff’s office
administration agreed to a way to address those issues and while the deputies aren’t specifically
assigned there they are, they are aware of our schedule and they do pay unscheduled visits to our
venues throughout their shift.
Mr. Fennoy: Okay, is that policy do you think that we need to revisit it or do you think as
far as safety is concerned the way that it’s set up it will provide adequate safety and security not
only for the people that participate but for the employees also?
Mr. Levine: We did include some money in this year’s budget proposal to address that
because there are times when we do need deputies I think on a daily basis a regular basis just our
regular clientele are very, seem to be very well behaved. As I indicated five and a quarter
million visits over the last three years and three incidences when a handgun was present. I’m not
sure I’m not sure how you feel about that but that’s a very small number and I’m not sure it
necessarily would warrant deputies at every one of our venues throughout all of our operating
hours for sure.
Mr. Fennoy: And not to ---
Mr. Levine: And they do respond very quickly when we do call it’s, I mean I think their
response time is three minutes maybe four minutes. They could probably tell you better.
Mr. Fennoy: --- and I know we have a no weapons policy but the person that’s most
likely going to violate that policy is not going to be an employee and when that policy is violated
by somebody that visiting one of our parks then I think if we had deputies on site it would make
everybody feel a little bit safer.
Mr. Levine: You know I’ve never felt unsafe in one of our parks. I’ve been in them at
all hours up until 9:30 or 10:00 o’clock in the evening. I’ve been in our facilities at all times,
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I’ve never felt unsafe. I mean I don’t have a crystal ball to tell me what’s going to happen in the
future but I can tell you that the facilities are safe and three incidents in our buildings and on our
athletic fields over a four year period with five and a quarter million visitors is small, it’s a small,
small, small number. Most of the people who come to our programs are very respectful of
others, they follow the rules. They are civil to one another, they come to these facilities because
they do feel safe. That’s why we get the numbers that we do.
Mr. Mayor: Commissioner Guilfoyle then Commissioner Harris.
Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Mayor, I think it’d be a great idea if we
could have the Interim Administrator get all the facts from both sides, bring it before us before
the Legal during the committee cycle so we could discuss this in open, behind doors.
Mr. Mayor: Would you like to put that in a motion?
Mr. Guilfoyle: That’s a motion, sir.
Mr. Mayor: Do we have a second?
Mr. G. Smith: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner
Harris.
Mr. Harris: My question is not if he is right and ya’ll are right. My question is if, these
are weird times and the five plus million visits is a wonderful thing. One incident goes south and
we’ve got a problem. My concern is if an employee goes to a supervisor and says there’s a
problem I mean it could be made up, I don’t have a clue. But my biggest concern is it doesn’t
seem to be what I would consider proper part on the administrative to not, unfortunately because
of the times have to assume the worst. And we don’t know if the guy that has a gun, we don’t
know if he’s a nut, we don’t know if Mr. Brown made it up. But the point of the matter is these
are rather hard times we live in. These are not like when most of us when we kids when nothing
ever happened. I would rather face the consequences of possibly overreacting and the police
show up and it turns out to be big blowup and everything’s fine then finding out later that the
supervisor said I’m entirely too busy and then something big catastrophic took place. At that
point in time you can take your 5.2 million visits and put an ‘x’ through them because all of a
sudden we’re starting over.
Mr. Levine: The police did show up and we did do, we started an investigation
immediately because we do take these things seriously. As I said we just hired a safety officer.
We work closely with Risk Management. We work closely with H.R. and followed all the city’s
policies on this to make sure that we did this the right way. So I can assure you we take
employees safety and the safety of our citizens very, very seriously.
Mr. Mayor: Okay, Commissioner Hasan, I’ve actually recognized you twice. I’ll give
you one minute of personal privilege.
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Mr. Hasan:I’d like to make a substitutemotion,
Okay, yes, sir. Mr. Mayor, and that
is based on all the information I think that’s in all of my colleagues handful of information here.
I don’t think we really we need to put the Administrator in the middle of it as much as we just
Legal, you know, at a designated time and discuss all of the backand
need to go and get into
forth between all parties
. I’ve been communicating from H.R. to Mr. Brown to Mr. Levine to
Ms. Joanie Smith, is that correct?
Mr. Levine: Yes, sir.
Mr. Hasan: All of us we have data here so she don’t have to do all of that. So all we do
is just discuss the issue at hand rather than elaborate what all just transpired in between. My
motion would be pretty much just set something in Legal at a point in time that we go in and
discuss the data that we all have in hand.
Mr. Mayor: Your substitute motion?
Mr. Fennoy: Second.
Mr. Mason: And, you know, I was going to say I’ll second that but I mean could we get
a designated time because there’s more that we keep putting this off the more chances that more
issues will happen.
Mr. Mayor: I would say to be discussed the same way that Wayne said it in our next
Legal meeting prior to committee meeting.
Mr. Hasan: Well, not the way Wayne said it. We can make, Wayne, Commissioner
Guilfoyle can make amendment to it and that way I’ll remove mine. But I think basically just
take the Administrator out of it and we discuss the data that we have in hand in the next Legal
meeting because we have plenty of data. We don’t need any more investigation.
Mr. Mayor: Okay, well, you made a substitute motion that was seconded by
Commissioner Mason so Commissioner Williams. Actually I’ve recognized you twice and so
you’ve got one more.
Mr. Williams: I’m one up on you now. Keep the record right now I’m just one.
Mr. Mayor: No, you remember you said you, because I said I’ll give you another two
and you said you probably need more than that.
Mr. Williams: Okay ---
Mr. Mayor: Read that back from the record, Madam Clerk.
Mr. Williams: --- I stand corrected.
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The Clerk: He said it.
Mr. Mayor: One minute.
Mr. Williams: I just want to comment on what Commissioner Harris said. It looked like
we were side with the staff until we know what it’s going to sound like the Administrator and the
staff are not together. Sounds like there’s that’s what the disconnect here is. I don’t know about
the man who threatened but it looked like if one of my employees that I supervise came to me
and said somebody threatened I’m going to get with him and find out what happened. And if
he’s got some issues that I might need to give him some concern about. But I’m not going to say
to any man I’m not going to worry about it. It ain’t about threatening you. If he comes to me so,
Mr. Harris, I appreciate that because that made me really start to think that we really need to look
at this because if Mr. Brown or any employee came to the supervisor that supervisor ought to at
least side with that employee to find out what is going on versus saying, no, you’re on
suspension. Now I’ve got some problems with that so we’ll talk about that in Legal. Thank you,
Mr. Mayor, I apologize about you recognized me twice.
Mr. Mayor: You’ve got it. Okay, we have a substitute motion on the floor. Madam
Clerk, if you could read back the substitute motion for clarity.
The Clerk: The motion was to refer this for discussion at our next Legal meeting which
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will be Monday October 13.
Mr. Mayor: Okay, that was the substitute motion. Commissioners will now vote by the
substitute sign of voting.
Mr. Brown: Mr. Mayor?
Mr. Mayor: Yes, sir.
Mr. Brown: I did have video ---
Mr. Mayor: Okay.
Mr. Brown: --- along with the events. But I need to give that anyway?
Mr. Mayor: Bring that in the future with you. As I say this isn’t the easiest forum to
discuss personnel issues and when we’ve got a full Commission agenda in front of us we’ll take -
--
Mr. Mason: Point of clarification, Mr. Mayor.
Mr. Mayor: Commissioner Mason.
Mr. Mason: Based on what it is we’re going to be doing if he’s not going to be a part of
that I mean he could certainly see the need ---
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Mr. Mayor: Yeah, I’d like to submit it to the Clerk’s office or to IT to be copied and
distributed to Commissioners.
Mr. Brown: Yes, I appreciate that.
Mr. Mayor: Okay.
Mr. Johnson and Mr. Lockett out.
Motion Passes 8-0.
Mr. Mayor: Thank you, Madam Clerk. Let’s go on to the next delegation.
The Clerk:
DELEGATIONS
B. Ms. Sue Parr, Augusta Metro Chamber of Commerce presentation on energy excise tax.
Mr. Mayor: And if you could keep it to five minutes, please.
Ms. Parr: Thank you, Mr. Mayor and members of the Commission. My name is Sue
Parr. I’m the President of the Augusta Metro Chamber of Commerce and I reside at 45 Conifer
Circle in Augusta. I am here on behalf of many of our members that are in the audience today
representing our manufacturing industry. And of course the purpose of my comments is related
to the proposed energy excise tax. I know that many of you all of you probably are very well
informed on this issue so I will certainly keep my comments very brief. Essentially we believe
that this type of tax policy which targets manufacturing in the worst possible way is wrong for
the future of Augusta if we are to continue to grow and succeed in our community. Like all of
you the Augusta Metro Chamber of Commerce is very concerned and we believe in the financial
health of our city. And you could not have a better partner and advocate in sharing the same
common goals that you do for the financial health of our city. Our track record on public policy
leadership speaks for itself in supporting many initiatives that have brought wonderful benefits to
our community and if you’ll allow me I just want to comment on a few. Our leadership has
brought millions of dollars to the city in the form of transportation funding to the TSPLOST.
Long before the missions at Fort Gordon made the headlines we were advocating in Washington,
DC for US Army Cyber Command. We market and host global businesses every year during the
Red Carpet Tour. We partner with our local school district to expand our enrollment in student
success. We are working to rehabilitate the Savannah Lock and Dam which is an important
piece of infrastructure for the City of Augusta and the list goes on and on. My point being is that
we want nothing more than to see Augusta move forward but the energy excise tax is step
backward. We are very fortunate in our community to have a large concentration of
manufacturing in fact we have the second largest concentration in the state of Georgia outside of
Atlanta and that is exactly the reason why we are so well poised for expansion in new
companies. Why would we want to jeopardize any of that with the possibility of an excise tax?
And I know that many of you have heard from two of our companies here in the community that
have expansion decisions underway. The manufacturers in our community contribute millions of
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dollars in property taxes and what’s interesting is that they are usually the lowest maintenance
businesses that you can have in your property tax base. They are very self contained businesses.
They have their own security systems, their own emergency preparedness. They have their own
waste streams that they take care of. Counties and cities vie for manufactures because they pay
property taxes usually large amounts because of the amount of land that they own but they
require very little in terms of city services. Just over 30 days ago you increased their property
taxes by 22%. That will cost our manufacturers $3-4 million dollars more per year. That’s $3-4
million dollars in lost jobs and possible expansion. So we ask at this point can we really afford
to implement yet another new tax on our manufacturers in the form of an excise tax. So we ask
for your support today to oppose the motion on the agenda. Thank you.
Mr. Mayor: Thank you. Do we have any questions? Okay, Madam Clerk, next
delegation please.
The Clerk:
DELEGATIONS
C. Mr. Clay Jones, Georgia Association of Manufacturers regarding the excise tax on
energy used in manufacturing.
Mr. Mayor: And if you could keep it to five minutes as well, please, sir.
Mr. Jones: Thank you, Mr. Mayor. Good afternoon Mr. Mayor and honorable
Commissioners. My name is Clay Jones I’m the Vice President and General Counsel for the
Georgia Association of Manufacturers. Thank you for the opportunity to speak today on the
issue of adopting an excise tax on energy used in manufacturing. I come today to strongly
encourage you not to do so. For 114 years our association has represented the interests of
Georgia manufacturers at the Georgia General Assembly, the Georgia Public Service
Commission and other state agencies and in any forum we can in order to make Georgia the very
best place to invest for manufacturing. Our members include members here in Augusta
Richmond County like DSM Chemicals and E-Z-GO. In 2012 we led our group and a coalition
of other business groups to convince the Georgia General Assembly to pass legislation repealing
state and local sales tax on energy used in manufacturing. The General Assembly recognized the
need to repeal this tax because Georgia was one of only a handful of states in the entire country
even charging the tax less than ten nationwide and none of our competitors in the southeast.
Time and again Georgia was losing out on manufacturing investment decisions to South Carolina
and North Carolina, Tennessee and others. And one of the arguments those states were making
when they recruited manufacturers was about the energy tax that existed in Georgia. The
General Assembly also recognized that imposing this tax is simply bad tax policy.
Manufacturers operate in a fiercely competitive global market place as well as competing across
state lines here in America. The cost of doing business drives investment where manufacturers
locate and where they expand and energy is a very significant cost for manufacturers because
often in many operations second only to labor. So taxing an input to making the product simply
creates a cost before there’s even a retail sale of that product and either a manufacturer has to
pass on that cost in the price of that product which then gets taxed again or they’re unable to pass
on the cost because of competitive pressures which simply makes their business less competitive.
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For these reasons the legislature, Governor Deal and others support a repeal and the results have
been tremendous. Based on these and other reforms of that time Georgia has now been named
by Site Selection Magazine as the number one state in America to do business. We see
manufacturing investment increase in our state from new companies and existing companies.
Indeed we at GAAM believe this nation is on the verge of a manufacturing renaissance. There is
a growing recognition that manufacturing is critical to our economic health. We have to make
things. We’re even seeing manufacturing return to our shores that previously went overseas.
The General Assembly wisely positioned Georgia to take advantage of this resurgence in
manufacturing. Now under the law local governments do have the option of imposing an excise
tax a new tax to replace the repealed sales tax but I urge you not to take that step. The same
rationale that led the General Assembly to repeal the sales tax on energy that is to make Georgia
competitive to the other states applies at the county level as well. Counties that adopt these
excise taxes will single out manufacturers and impose a cost burden not present in other counties.
So far the vast majority of Georgia’s 159 counties have declined to adopt this tax and we’re
seeing more and larger investments occurring in the non-taxing jurisdictions. Manufacturers are
paying attention to this issue I think you can see by the presence here today that it’s an important
issue. When it comes time to expand operations or build new facilities and create these
manufacturing jobs every cost will be scrutinized and the non-excise tax jurisdictions will be
better positioned on the issue of energy costs. But at the end of the day why should you care
why does any of it matter? It matters because manufacturing creates wealth for communities it
creates jobs great jobs that pay higher than average wages. They provide better benefits. As Ms.
Parr pointed out they’re good corporate citizens they don’t, they’re low maintenance and self
contained. And importantly manufacturing under what’s called economists call the multiplier
effect leads to the creation of other jobs, jobs in the service industry and other suppliers of these
manufacturers. In fact manufacturing has the largest multiplier effect of any sector of the
economy. Now I want to be clear we understand that there are budgetary issues here that you’re
facing that many local governments are facing and I don’t take that lightly. I don’t come here
today to presume to tell you how to resolve those issues but I do know that manufacturers
contribute mightily to the health of your local economy and provide great jobs to your citizens
and implanting this tax would only discourage investment and negative signal to existing and
prospective manufacturers and it will also competing counties and other states just like South
Carolina right across the border an advantage over Augusta Richmond County in attracting this
investment. I urge you not to adopt the tax and I thank you very much for your time and if it’s
appropriate I’ll answer any questions that you may have.
Mr. Mayor: Thank you. Do we have any questions? Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mr. Mayor. You talked about 159 counties declined from
participating in this excise tax.
Mr. Jones: Yes, sir.
Mr. Guilfoyle: The counties that did implement it, did they go back and do away with
the excise tax that you, do you have any reports on that?
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Mr. Jones: Well, since the adoption of the law in 2012 I believe there have been 46 out
of 159 counties that have adopted the Energy Excise Tax. One county, Banks County, adopted it
and then repealed it so the counties that have adopted it so far other than Banks County that I
know of that have kept it but again the vast majority of counties have declined to do so.
Mr. Guilfoyle: I understand that you know the importance that this incentive is to attract
new industry here with being the second largest in the state of Georgia but in South Carolina
they have something that we don’t. The government’s allowed to throw cash at industry coming
in. We don’t have that fortune. The only thing we have is incentives and this is one incident
that’s very important to keep, to attract new industry to keep the industry we have as well as the
jobs.
Mr. Jones: Now I’m sorry ---
Mr. Guilfoyle: Yes, sir.
Mr. Jones: --- can I respond to that? Georgia has a lot of advantages. We have great
natural resources and we have a great infrastructure in transportation. We’ve got the Florida
Savannah and the busiest airport in the world and all of these things that are attractive. But we
are losing investment and a lot of it was about energy costs. I’m not going to sit here and tell
you it was about energy costs but we talked to manufacturers and many of them have multistate
operations and so they would say well we’re going to we’re expanding our lines but we’re going
to do it in Alabama we’re going to do it Tennessee and not Georgia and we’d say why because
our energy costs are too high. And Governor recognized that, the legislature recognized that and
they repealed this tax and the results have been pretty positive and it’s really given us an
opportunity to compete in South Carolina is very aggressive about recruiting manufacturers and
we need every advantage we can get.
Mr. Guilfoyle: Mr. Jones, I appreciate you coming up here and speaking before this
body.
Mr. Jones: Thank you. It’s an honor to be here.
Mr. Mayor: Commissioner Fennoy, did you have your hand up?
Mr. Fennoy: Yes, is Miss Williams here?
Mr. Mayor: Miss Williams?
Mr. Fennoy: How are you doing?
Ms. Williams: I’m good.
Mr. Fennoy: You know when we were talking about the budgetary issues that we had
and how we could sort of balance the budget this is when the excise tax was presented to us.
And when the Sheriff came before the Commission and talked about the number of deputies that
15
he was losing how we were training deputies in Richmond County and because of the low
salaries that they were being paid as soon as they got their certification they would go to other
counties. I know the economic impact that manufacturers have on the state of Georgia and in
Richmond County. Last week I had the opportunity to visit with one of the manufacturing
companies and to look at their operation and to find out the salary. They bring anywhere from
$15 to $39.00 dollars an hour which to me was very impressive. But we have deputies that need
to be compensated also. When you presented the excise tax it was the only option that you could
present at that particular time and I guess one of my concerns is that are there other options to
make sure that the deputies are properly compensated for the job that they do and the training
and the certification that they achieve. Are there other options other than the excise tax?
Ms. Williams: I think the discussion would be maybe more appropriate to have in our
budgeting session for 2015 as what the other various options might be. Not to try to dodge your
problem but as you know we’re in the midst of the 2015 budget cycle. The excise tax has been
discussed since it became a possibility and as we have seen other counties there were a few that
did that immediately and others have trickled in. I think the latest I think the latest information
from ACCG may be 52 counties so there have been a few. About a third of the 159 counties
have done that because that’s how the House Bill was written for the local governments to be
able to decide for themselves whether or not they would use this particular mechanism to replace
the revenue that had been coming into the government’s coffers that would not after the
exemption to the manufacturers for the sales tax on the energy. Obviously there are as many
different versions of reallocation of the existing resources to be able to find a particular problem.
We do this on this dias on a regular basis is a program is presented and there is either money
moved from contingency or from another existing area to fund it. But you either reallocate your
existing resources or you create existing revenue streams. And those while those two
possibilities have a myriad of things that interact within them when it comes right down to it
those are your two alternatives to balance your budget because your revenue has to equal your
expenditures. So if you do not create a new revenue stream then you reallocate your existing
resources. And we will be happy to present those possibilities to you in the budget process that
we’re in the middle of right now.
Mr. Fennoy: Okay.
Mr. Mayor: Commissioner Mason.
Mr. Mason: Two very quick questions and a very short answer is fine.
Ms. Williams: (inaudible).
Mr. Mason: No, I mean you know for the sake of time. Does Columbia County have an
excise tax implemented?
Ms. Williams: It does. It passed it.
Mr. Mason: Okay and when this was presented to us previously, was it or was it not your
recommendation that we do implement an excise tax from the Finance standpoint?
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Ms. Williams: It was.
Mr. Mason: Thank you.
Mr. Mayor: Okay, any further questions?
Mr. Williams: Mr. Mayor?
Mr. Mayor: Commissioner Williams.
Mr. Williams: Ms. Williams, while you’re there you know we’re talking about new
resources coming in. I’ve been trying to get my colleagues to talk about some economic growth
things to produce revenue besides using this tax. But is there a set amount? Can this amount be
changed? Can we look at those things if it does pass? I’m not speaking one way of the other I
just want to know from your standpoint does it all have to come from that one place? I think we
talked about two, two and half percent. Is that what we were talking about?
Ms. Williams: The Energy Excise Tax is very specific as the way the bill is written as to
how it has to be implemented. It is to be levied at the existing level of your Local Option Sales
Tax. In Richmond County’s case we have a regular Local Option Sales Tax of 1% and a Special
Purpose Local Option Sales Tax of 1%. So in Richmond County it would be 2% or zero. There
is no middle ground. We researched that early on into the process in 2012.
Mr. Williams: I think you shared with us the state left it up to each city to make a
decision to implement or not.
Ms. Williams: They left it up to each individual county and the cities can elect to
participate or not to.
Mr. Williams: Okay, that’s other counties either way but they gave us an ultimatum as to
what the percentage would be but they gave us charge whether to implement. Is that?
Ms. Williams: It was an all in or all out, sir.
Mr. Williams: Have we spoken to anyone to address that to see whether or not that could
be modified that could be changed that could be reduced. Have we, I mean I’m just asking the
question if we hadn’t just ---
Ms. Williams: I personally have not, sir. That would be a matter for this governing body
to take up with the Local State Delegation.
Mr. Williams: Okay, well has that been recommended by you or anybody to this body to
---
17
Ms. Williams: I personally have not recommended that, sir. We discussed it several
times but I think you’ve asked the question also.
Mr. Williams: Several times. Okay, that’s all, Mr. Mayor.
Mr. Mayor: Okay thank you. On to our next delegation.
The Clerk:
DELEGATIONS
D. Ms. Susan Swanson, Director of Augusta Care Pregnancy Center. RE: Charge for our
Fall Banquet this year by the City of Augusta because of use of Marriott Convention
Center ($3,000 going to City)
Mr. Mayor: And if you could keep it to five minutes as well please, ma’am.
Ms. Swanson: (inaudible) many of you it’s been there for 33 years. I’ve been there 31
years we’re a Christian Ministry. We last year helped 2,200 people but over the years we’ve
been there probably pushing 66,000 women and children that been helped and families. We’re
helping people come out of all kind of issues like abuse, helping them come out of drug
addiction. We help with weekly parenting classes that have been running since 1993. We have a
banquet and we’ve been having it at the Marriott every year. This past year we had it in the
Convention Center and I understood from the Marriott that the money the $6,000 I paid to rent
th
comes to the city. And this year we’re having another banquet October 16 and I’m asking if
you could waive that rent money because we do so much for the city without charge. We’re not
taking any government funding. Everything we do is we raise the money ourselves by banquets,
walk-a-thons. So that’s my request. It’s very simple I won’t take five minutes.
Mr. Mayor: Okay and I appreciate the request but I will say, you know, it’s sort of my
policy and it’s up to the decision of the Commission but if you do it for one, you’ve got to do it
for everybody.
Ms. Swanson: I think that’s a good idea. Do it for every non-profit.
Mr. Mayor: And ---
Ms. Swanson: And I mean because non-profits ---
Mr. Mayor: Do you know we have the most non-profits per capita for any size any city
of our size in the nation?
Ms. Swanson: (inaudible) 2,200 a year?
Mr. Mayor: What’s that?
Ms. Swanson: I question the number that they’re serving.
18
Mr. Mayor: Well, I’m just saying if you do it for one it’s hard not to do it for everybody
but lady and gentlemen ya’ll.
Ms. Swanson: I just want to show you Brandon. This is one little boy. This is when he
was two. He’s now in first grade. Lots of little children have been helped because of the center,
lots and lots. So you know when non-profits are helping the city with no charge to you there’s a
lot of good that comes out of that. So I just ask that you consider that.
Mr. Mayor: Okay, thank you, ma’am. Do we have any questions? Commissioner
Fennoy.
Mr. Fennoy: This question is for the Mayor. If we do it for one, do we have to do it for
all of them?
Mr. Mayor: And I would say no but just correct me if I’m wrong that facility is actually
under the management of the Marriott organization the city ---
Ms. Swanson: Well, the manage it but the money I pay them is just for the food. The
cost to rent that room like last year I paid $6,000 dollars to rent that two spaces because we had
1,580 people. This year it will just be half of it but it’s still, it’s still $6,000 dollars to rent it. I
understand that money that building was built to help bring income in, I understand all that. I
understand what you’re fighting about the excise tax and you know this is a small item
considering all this. But for our little organization that has to raise $400 or $500,000 a year in
donations it’s a big thing to us.
Mr. Fennoy: And –--
Mr. Mayor: Go ahead.
Mr. Fennoy: --- Mr. Mayor, my next question do we have any facilities that we operate
where we could waiver the rental fee in order to --
Mr. Mayor: Not that I’m aware of. I mean and ---
Ms. Swanson: Well, I had to, like this year we have 80 tables, we have 80 tables,
companies, churches and businesses you know sponsoring so I mean I don’t think there’s any
other place. Like last year we had 160 tables so you know the people like us we have support in
the community and I’m just asking you to consider the work we do for the inner city because that
is our main first group is the inner city that we serve.
Mr. Mayor: And, Commissioner Fennoy, I’ll tell you I’ve done a lot of things in nine
years as Mayor but event management is not one of them.
Mr. Fennoy: Okay.
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Mr. Mayor: Okay, thank you, ma’am. Madam Clerk, on to the consent agenda.
The Clerk: Yes, sir, our consent agenda consists of items 1-26 and I would also call your
attention to our addendum agenda which is requesting the deletion of Item 17 at the request of
the Law Department and to reschedule Item 9 to our October 21 meeting. So our consent agenda
consists of items 1-26 with consideration of the first two items on our addendum agenda.
Mr. Mayor: Do we have unanimous consent for the first two on the addendum agenda?
Okay. Let’s go on to do we have any additions to the consent agenda? Commissioner Guilfoyle.
Mr. Guilfoyle: Item number 25 and 26 if my colleagues don’t mind.
Mr. Mayor: Actually 25 and 26 are already on there.
Mr. Guilfoyle: Okay, I’m sorry about that.
Mr. Mayor: Okay, do we have any items to be added to? Okay, hearing no additions to
do we have any items to be pulled for discussion? Commissioner Hasan.
Mr. Hasan: Yes, item number six and item number eleven.
Mr. Mayor: Thank you, sir. Any further items to be pulled for discussion?
Commissioner Williams.
Mr. Williams: Item number nine you said is going to be sent.
st
The Clerk: Rescheduled to the October 21 meeting. Warden Joseph is out of town and
has requested that the item be rescheduled to that meeting.
Mr. Mayor: Okay.
Mr. Williams: Warden Joseph made a recommendation that he would wait until the first
of the year and we didn’t do that but we’ll wait, we can reschedule then. I’d like to pull 10,
eleven’s already been pulled and 12, 10 and 12 and 18, Mr. Mayor, I need to get some clarity on
18 I think.
Mr. Mayor: Okay, do we have any further items to be pulled for discussion? Okay,
hearing none can I get a motion to approve the consent agenda?
Mr. Guilfoyle: So moved.
Ms. Davis: Second.
CONSENT AGENDA
PUBLIC SERVICES
20
1. Motion to approve New Ownership Application A.N. 14-36: a request by Manishaben
Patel for a retail package Beer & Wine License to be used in connection with AM-PM
Convenience Store located at 2262 Rosier Rd. District 6. Super District 10. (Approved by
Public Services Committee September 29, 2014)
2. Motion to approve New Ownership Application: A.N. 14-35: request by Balvantrai
Mistry for a retail package Beer & Wine License to be used in connection with Gate Two
Mini Mart located at 2985 Gordon Hwy. District 3. Super District 10. (Approved by Public
Services Committee September 29, 2014)
3. Motion to approve extending the lease with the US Navy for the Naval Reserve Center
on Central Avenue through June 2015. Lease payments are $1 per year; Augusta has no
financial or maintenance obligations under this lease. (Approved by Public Services
Committee September 29, 2014)
4. Motion to approve Bid Item 14-199, New Floating Dock System, to Connect-A-Dock in
the amount of $42,552. (Approved by Public Services Committee September 29, 2014)
5. Motion to approve proceeding with holding three public hearing regarding the
establishment of the six month Ft. Gordon Route 10 pilot project and bring back to the
st
Commission on October 21 for final approval of the program. (Approved by Public
Services Committee September 29, 2014)
PUBLIC SAFETY
7. Motion to approve Technical Services Audio Visual to perform system upgrades and
necessary cabling to improve functionality and reliability of the Audio Visual systems at
the Judicial Center Court Rooms. (Approved by Public Safety Committee September 29,
2014)
8. Motion to approve acceptance of Annual GEMA Grant and authorize Mayor to execute
documentation. (Approved by Public Safety Committee September 29, 2014)
9. Motion to approve the proposed salary structure for the staff at the Richmond County
Correctional Institution to include the Warden and Deputy Warden as presented by
Warden Evan Joseph subject to staff bringing back the financial numbers impact to the
full Commission for final approval. (Approved by Public Safety Committee September 29,
2014)
ENGINEERING SERVICES
13. Motion to authorize condemnation to acquire title of a portion of property for right of
way, permanent construction and maintenance easement, and one temporary driveway
easement (Parcel 227-1-096-00-0) 4780 Windsor Spring Road. (Approved by Engineering
Services Committee September 29, 2014)
14. Motion to authorize condemnation to acquire title of a portion of property for right of
way and permanent construction and maintenance easement (Parcel 193-0-036-00-0) 4636
Windsor Spring Road. (Approved by Engineering Services Committee September 29, 2014)
15. Motion to authorize condemnation to acquire title of a portion of property for right of
way, permanent easement and one driveway easement (Parcel 209-0-015-01-0)4752
Windsor Spring Road. (Approved by Engineering Services Committee September 29, 2014)
16. Motion to authorize condemnation to acquire title of a portion of property for right of
way, permanent easement, temporary encroachment easement, and one driveway easement
21
(Parcel 209-0-008-00-0) 4731 Windsor Spring Road. (Approved by Engineering Services
Committee September 29, 2014)
17. Motion to approve an Option for Right of Way between Dennis E. Morris and Dianna
L. Albright n/k/a Dianna L. Morris and Augusta, Georgia for an easement consisting of
0.814 acre (35,476.13 sq. ft.) in fee, and 0.074 acre (3,231.40 sq. ft.) of permanent
construction and maintenance easement located at 2514 Patterson Bridge Road for a total
price of $63,800.00. (Approved by Engineering Services Committee September 29, 2014)
19. Motion to approve the deeds of dedication, maintenance agreements, and road
resolution submitted by the Engineering and Augusta Utilities Departments for Haynes
Station, Phase 2B. (Approved by Engineering Services Committee September 29, 2014)
20. Motion to approve and authorize the Engineering Department (AED) to purchase 439
stream mitigation credits at a total cost of $24,803.50 ($56.50 per mitigation credit) from
the Bath Branch Augusta, LLC (Bath Branch Mitigation Bank) to mitigate stream impacts
as determined necessary by the US Army Corps of Engineers in regards to the Mark
Church Road Improvements Project. Funding is available through Project TIA funds.
(Approved by Engineering Services Committee September 29, 2014)
21. Motion to approve the Design Consultant Services Supplemental Agreement Number
One for the North Leg Road Improvements Project with Wolverton and Associates in the
amount of $288,000 for the completion of preliminary plan, right-of-way plan, and final
plans as requested by AED. This project is in Band 1 of the approved Richmond County
Project List for the Transportation Investment Act of 2010 (aka, TIA, TSPLOST).
(Approved by Engineering Services Committee September 29, 2014)
22. Motion to approve entering into an agreement with Jefferson Energy Cooperative
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 t 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 September 29, 2014)
23. Motion to approve entering into an agreement with Unite Private Networks LLC
stating that Augusta, Georgia will not 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, Augusta,
Georgia will not be responsible for any of the cost for relocation of their facilities as
requested by AED. (Approved by Engineering Services Committee September 29, 2014)
24. Motion to approve entering into an agreement with Unite Private Networks LLC
stating that Augusta, Georgia will not be responsible for the cost to relocate their facilities
on the project to improve Windsor Spring Road Phase V, State Route 88 in Hephzibah to
Willis Foreman Road, CPB #323-04-299823786. 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,
Augusta, Georgia will not be responsible for any of the cost for relocation of their facilities
as requested by AED. (Approved by Engineering Services Committee September 29, 2014)
22
PETITIONS AND COMMUNICATIONS
25. Motion to approve the minutes of the regular meeting of the Commission held
September 16, 2014 and Special Called Meeting held September 29, 2014.
APPOINTMENTS
26. Motion to approve the appointment of Mr. Darren Smith to Coliseum Authority due to
the resignation of Mr. Louis Harris representing District 10.
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioners
will now vote by the usual sign.
Mr. Johnson and Mr. Lockett out.
Motion Passes 8-0. [Items 1-5, 7-9, 13-17, 19-26]
Mr. Mayor: Okay, Madam Clerk, let’s take the first pulled agenda item.
The Clerk: Yes, sir, that would be item number six.
Mr. Mason: Can we take them as companion items?
Mr. Mayor: Can we take six and eleven as companion items?
The Clerk: I don’t know if they are. Six is to regarding the Rental Motor Vehicle
imposed tax and eleven is the Energy Excise Tax. But you want to do ---
Mr. Hasan: No, I don’t but I do want to do with number six just the same.
The Clerk: Okay.
Mr. Hasan: I have a question for Ms. Wilson.
The Clerk: Okay.
Mr. Mayor: Okay, let’s go to the first. Madam Clerk?
The Clerk:
PUBLIC SERVICES
6. Motion to approve an Ordinance amending Augusta, Georgia Code, Title 2, Chapter 2,
Article 4, Excise Tax for hotel/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
Commission September 16, 2014 – second reading)
23
Mr. Mayor: Yes, sir.
Mr. Harris: Good afternoon Commissioners. Mr. Sherman was unable to be here today.
I am familiar with this a little bit and I’ll do my best to give you the best interpretation of it as I
can. And what was your question?
Mr. Mayor: Mr. Hasan.
Mr. Hasan: Mr. Harris, how you doing?
Mr. Harris: I’m doing good, sir.
Mr. Hasan: Great. I’m looking at a draft here and I’d like to read a couple of lines for
you for some simple clarity. It’s a due date of tax a determination, return and payments. Due
date of taxes. All taxes collected by any licensee or agents here shall be due and payable to the
Director of Planning and Development of Augusta Richmond County monthly on or before the
th
20 day of each month. And then we have another place that we have to the Director of the
Planning of that department. So will this check be made to Augusta or will it be made to the
director of the department?
Mr. Harris: In those instances, Commissioner, they’re normally made payable to the City
of Augusta. I think that is just verbiage stating that the Director is responsible for that collection
and for any penalty or disciplinary policies that may come with that.
Mr. Hasan: Okay, another one I have the Administration of Articles it has rules and
regulations. The Director of Planning and Development shall have the power and authority to
make and publish reasonable rules and regulations in and not in consistent with (unintelligible)
and other laws of Augusta Richmond County State of Georgia or the Constitution. So my
question would be as you operate within that realm of the laws of this government the State of
Georgia and the Constitution of the United States will you come back to us as you begin to
enforce these laws of collecting these fees and try to get us to approve them or have as a we have
a firsthand knowledge of exactly how they’re being implemented and what amount is being
charged to the business owners or property owners?
Mr. Harris: Yes, sir, Commissioner. In most instances excise taxes a lot of times they’re
mandated by the state and we just respond in kind. Any rules that are implemented that require
your input we always bring back to you.
Mr. Hasan: And I appreciate that but my question (unintelligible) to make and publish
and so that’s where my question’s coming from.
Mr. Harris: Okay, in that instance we are dealing with pretty much on a daily basis and
we see the evolution of what is transpiring. So when we see something that needs to be
addressed or maybe brought to the future or brought up to standards where we cover all of our
bases we in turn consult the county attorney and see where we can go with an ordinance or a
ruling and then we bring it to you for your approval.
24
Mr. Hasan: Thank you.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. Mr. Harris, that’s not what the backup says what
you’re just explaining what Mr. Hasan read is totally different. I think that ought to be very plain
and clear that what you just stated does happen it comes back through here. If we approve that
with this reading then it’s going to be taking the authority out of the hands of the Commission
and going into the hands of the Director who he or she may be in my mind. So I think those
things need to be clear so we won’t have a mishap on it. You said that the state regulates but the
state has I think opted out with any of the excise taxes and put it up on the city to do. So are they
still involved to that level for the tax for the motel and hotel? Is the state still involved in that
you’re saying?
Mr. Harris: When alcohol and in most instances hotel/motel. And I would think back if
you would look back at our past ordinances there’s always that verbiage of the Director because
the director is a direct link to you all. They are employed by you all.
Mr. Williams: Yeah, but ---
Mr. Harris: So they’re actually acting in your behalf.
Mr. Williams: --- I understand that. I’m one on one with you with that but I do know
where the buck stops at and I do know there’s too much of unclear stuff that’s out there that we
need to clear up. Every week we get and ordinance change and I asked the question why are we
changing another ordinance because somebody downstairs upstairs or around the corner decides
that the ordinance needs to be changed and then we’re looked at like ya’ll going to approve that?
I don’t know what we’re changing. So I think that needs to come to a point where we can so
everybody knows where everybody is and not just the director. That’s my point.
Mr. Mayor: Thank you, sir. Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. Mr. Harris, well no, let me go the General Counsel.
Mr. or Commissioner Williams has made some points in terms of where the buck stops and so I
would like to hear from you what is your opinion in terms of the verbiage that we see in our
backup versus the description that Mr. Harris gave us which kind of does not does not correlate
to what’s in our backup. And if there would be a need for a change would it be appropriate a
need for a change of verbiage to address Commissioner Williams concerns?
Mr. MacKenzie: Sure, I’d be happy to address that. My reading of this and I’m looking
at Section 2-2-38 (b) this is common language used in many statutes where you want to give the
department some discretion to make policy type decisions on process. They don’t have any
authority to change any of the language relating to any other stuff that’s already in here. But if
they needed to make a rule so to speak like when they issue checks maybe they would have a
check return fee if they do checks that bounce, things like that. These are typically designed to
25
be procedural rules that would be set by the department however as the governing body you have
the authority to strike that language. You could require even administrative or procedural rules
to come to back to you if you felt it necessary.
Mr. Mason: So I’m getting from you that the authority is there to make the change in the
wording.
Mr. MacKenzie: It would not be to alter this code at all, it would be to create ---
Mr. Mason: You mean to add to?
Mr. MacKenzie: --- additional policies within the department to administer this code and
those would usually be very insignificant matters that have to remain consistent with this. It
could be things like your practical departmental rules on how to comply with this but don’t
change any of the terms of the law. And that’s typically what that is. A lot of departments have
policies and procedures that are not part of the code but they just help the thing to function
efficiently as long as it’s consistent with this but you could look at all those if you felt the need to
do that. The body could require that those come back for approval or you could do a hybrid
which would be to say we’d like to see those. If you don’t like it you could tell them not to
implement some of those rules that are consistent with this but they’re more departmental
regulations that don’t alter that language of the law.
Mr. Mason: So can’t take away from this existing document but certainly can add to any
additional language or verbiage that we feel would be necessary that would be to the satisfaction
of this Commission.
Mr. MacKenzie: Yes.
Mr. Mayor: Okay. Commissioner Williams.
Mr. Williams: Mr. Mayor, using that scenario that the attorney just gave about a bad
check for instance. I mean I think we’ve got finance people in that department that handles the
money side. I don’t think the director is going to look at no check and say well you know Bill
Fennoy gave a bad check and we’re going to send it back. I think that’s a process that
everybody’s got and I don’t have an issue when one person can make the rules for many people
who may follow this hotel/motel tax situation. But one person can decide, well, I think this has
been good or this has been bad or whatever. This body’s elected by the people to do that have
that kind of business. I think that there’s a change to be made the process has been put in place
that, you know, that we have to look at it, come through committee. If there’s going to be a
change we need to know. I’m tired of going to Wal-Mart at night and running into people that
want to know why we did something yesterday and then just saw me at midnight at Wal-Mart.
We need, I’d like to know what’s going before it goes on, not after it goes on.
Mr. Mayor: Okay, can we get a motion on this?
Mr. Williams: Receive as information. That’s my motion.
26
Mr. Smith: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. Is there a
substitute motion or?
Mr. Guilfoyle: Substitute motion to approve, please.
Mr. Fennoy: Second.
Mr. Mayor: Okay, we have a substitute motion to approve. Commissioners will now
vote by the substitute sign of voting.
Mr. Williams votes No.
Motion Passes 7-1.
Mr. Mayor: Madam Clerk, I am, due to the fact that I think most people sitting in this
room are here for agenda item number eleven, let’s do that one next please, ma’am.
The Clerk:
FINANCE
11. Second Reading – An Ordinance to amend the Augusta, GA Code to create Title Two
Chapter Two Article Seven Sections 2-2-57 through 2-2-66 relating to the provision of a
local excise tax on energy used in manufacturing; to repeal all Code Sections and
Ordinances and parts of Code Sections and Ordinances in conflict therewith; to provide an
effective date and for other purposes. (Approved by Commission September 16, 2014)
Mr. Hasan: Mr. Mayor?
Mr. Mayor: Commissioner Hasan.
Mr. Hasan: Mr. Mayor, this is our and members of the Commission, this is our second
reading on the Energy Excise Tax. This has been a very interesting process over the last several
months as I’ve watched it from the sidelines and as the last month being involved in some of the
conversations that centered around the Energy Excise Tax. Very great presentation in terms of
Ms. Parr and Mr. Jones today in terms of some of the benefits in not implementing this tax at this
present time or in the future for the most part and I think in terms of making Georgia one of the
states that should premiere states that should do business. We definitely want to have Augusta in
a position to take advantage of the opportunity as we move forward. I think that’s important but
at the same time there are other challenges that we have as well is our law enforcement. And our
law enforcement as we all know we have some of the best trained officers in the state of Georgia.
We invest thousands of dollars in each and every one of them to become certified officers and at
the end of the day surrounding counties I’d have to say to their credit could just make good
sense. They pick them up for a couple or more thousand dollars because we’re not willing to
make the necessary sacrifice. But I’m very optimistic today in terms of what I’ve heard in terms
27
of what Ms. Parr and Mr. Jones had to say about the opportunity that Georgia has and the city of
Augusta in particular of being one of the premiere states in business and industry to come here
and stay here and not become like we just all witnessed NutraSweet. And at the same time the
Sheriff’s office in terms what our Finance Director had to say that if she’s given the directives as
we’re preparing this budget in the next few days we will be having a budget workshop I think
this Friday if I’m not mistaken that if they’re given the directions that they will go out and find
the resources that we need to empower our Sheriff’s office so his offices can receive the
adequate I wouldn’t say adequate but additional income for all the hard work and the safety they
provide to the citizens of Augusta. Thank you, Mr. Mayor.
Mr. Mayor: Thank you and I’m just going to say right quick and thank you for your
comments Mr. Hasan. And I think I was just sitting here looking out at this room and this should
not be law enforcement versus manufacturing. You know, we’re not a small town any more. I
think that we can find the way to accommodate both and I think that’s what Mr. Hasan has just
said we’re going to try to do. But it’s not us and them to my mind that’s not if you’re for
manufacturing you’re against law enforcement. What kind of argument is that? So, that we’re
all in this together in my book. Commissioner Guilfoyle then Commissioner Mason.
Mr. Guilfoyle: It’s actually Mr. Mason first.
Mr. Mayor: Commissioner Mason.
Mr. Mason
: Thank you, Mr. Mayor. I want to say thank you to Sue Parr if you’re out
there and Mr. Jones as well for the excellent presentation. I want to say thank you to those who
have sent us emails and letters I’ve got phone calls I mean it’s been off the chain more than I
even have hours for. But that shows the importance of the situation. And so I appreciate you
coming to the table and showing us more in depth. At the same time I also want to say that I
think there’s an opportunity, Mr. Mayor, for us today even as a Commission to show this
community moving forward number one that we’re not anti business. That’s the first thing I
need for you all to understand. But at the same time we have to look at our budget and see what
we can do that’s best for the citizens and our business partners all at the same time. So I agree
with you, Mr. Mayor, this is not one against the other or anything like that. We’re not trying to
pit it like that and so we should get out of that mindset. Having said that, I want to make sure
that we’re very clear that this Commission is very, very concerned about our public safety and
taking care of our Richmond County Sheriff’s office. Part of that monies was going to go
directly to them. We’ve seen a great deal of turnaround not only in the culture but in the
coverage of our Sheriff’s office and I think all of you ladies and gentlemen as a part of our
Sheriff’s office that have made such a huge change in a short period of time we still have other
levels to go and those levels cost money and we’re going to have to be able to do that and keep
that morale up. So I think today here’s an opportunity for this Commission to show our unity as
So I’m going to make a motion
we move forward. here as I sit here that we do not implement
the excise tax at this time ---
Mr. Hasan: Second. (inaudible).
Mr. Mason: --- and direct ---
28
Mr. Mayor: Let him finish.
Mr. Mason: --- and direct our Interim Administrator to find the funding source options to
cover the Richmond County Sheriff’s Office request for his budget. I want to say it was
somewhere around 1.4, 1.5 but you figure that out here’s a good opportunity to show your skill
sets of which we know that you have and whatever staff that you feel is necessary to go along
with that. But we want to make it very, very clear we have a strong priority for our Sheriff’s
Office to be funded appropriately for him to be able to take them to the next level which takes
this community to the next level which also helps our business partners and there’s a win, win
situation for everybody. That is my motion and I hope we can get the unanimous support to
make that happen.
Mr. Hasan: I second the motion, Mr. Mayor.
The Clerk: We have, Mr. Guilfoyle (inaudible).
Mr. Mayor: Mr. Guilfoyle seconded. Mr. Guilfoyle.
Mr. Guilfoyle: Yeah too quick but anyway, Tameka, is it possible. I know that you have
been working diligently on this budget and you’re going to be presenting before this body this
Friday in regards to hopefully shoot us a balanced budget. I do realize the importance of the
LEOs. We have a lot in the room and I have been, I’ve actually communicated with the Sheriff
about two months ago but I didn’t realize that the Tax Assessor has, I should’ve thought about
this that’s been working on the tax bills getting them out but my main focus and I had spoken to
a couple of my colleagues about this even as of today is looking at the non-profits that’s in direct
competition with the tax payers of Augusta Richmond County as far as putting up a pilot
program to implement a fee. I’m looking at the other cities who has done that. That’s one way
of getting revenue for the people who actually does not pay where the rest of us tax payers do.
Now I do have a, you know, I’m still going to continue on that. I would to help, some help from
my colleagues as well as some of this department directors to help me move this forward since
the tax bills is already been sent out. And I do concur that we do have to be business friendly in
this community. Without these industries being the second largest in the state of Georgia we’ll
be in a state despair. And, you know, I’ve got a lot of friends, a lot of family that I have been
getting phone calls from and they realize the importance and the after effects from this excise
tax. And I’m grateful that Commissioner Mason made a motion to deny it.
Mr. Mason: And with that motion I want to make sure we’ve got the second piece
because it’s not a singular motion it’s a motion that has two actions.
Mr. Mayor: Commissioner Mason.
Mr. Mason: I’m sorry, Mr. Mayor, yes, sir that is ---
Mr. Mayor: Through the Chair, my friend.
29
implement the excise tax at
Mr. Mason: --- I want to make sure yes sir that we do not
this time first and foremost and we direct the Interim Administrator, Ms. Tameka Allen,
make sure there’s no mistake about that to find the funding source options to cover the
Richmond County Sheriff’s Office salary adjustment request.
Okay? And that goes above
and beyond whatever’s been brought up in terms of the budget. This is my motion, Mr. Mayor.
Mr. Mayor: And the seconder agrees with the further clarification?
Mr. Guilfoyle: Not at this point, not until I hear from the Administrator.
Mr. Mayor: Okay, Madam Administrator.
Mr. Hasan: Mr. Mayor, I seconded it.
Mr. Mayor: Okay.
Mr. Guilfoyle: But I would still like to hear from the Administrator.
Ms. Allen: Just a point of clarification. We’re talking about just coming back with the
various options to present to the Commission and we’re looking at implementing this in 2015 as
the Energy Excise was going to be implemented in 2015.
Ms. Hasan: Yes, ma’am.
Mr. Mason: That is correct.
Ms. Allen: Okay, yes, sir.
Mr. Mayor: Okay. We have a motion that’s been made and properly seconded. Madam
Clerk, just for clarity could you read back that motion?
The Clerk: Yes, sir. The motion was to not implement the excise tax on energy and task
the Interim Administrator to find a funding option to address the Richmond County’s Sheriff’s
Office request for salary increases.
Mr. Mason: And not finding an option is not, that’s not an option.
Mr. Mayor: Commissioner Mason.
Mr. Mason: I just wanted to throw that out there.
The Clerk: It’s an addendum to ---
Mr. Mayor: Am I going to have to call you out of order?
Mr. Mason: You’ve only got two more weeks left.
30
Mr. Mayor: Unyielding. Commissioners will now vote by the usual sign. Oh excuse
me, Commissioner Fennoy.
Mr. Fennoy: You know I think that the if the Energy Excise Tax is implemented it would
be effective in 2015 and if the salary adjustments for the Sheriff’s Department is implemented
then it would be in 2015 I just hope that, you know, whatever you come up with would be would
be we’ll be able to give the Sheriff’s Department the salary adjustment by 2015. And I do think
that when we talk about Augusta being number two I think our Sheriff’s Department is the
number one and the number two in the State of Georgia?
Mr. Mayor: Largest.
Mr. Fennoy: Largest in the State of Georgia and I think if you look at the, at the stats as
far as violent crimes, burglaries if you look at the crime that overall since our Sheriff has been in
place they’re doing an outstanding job. And in order for them to continue to do the job they’re
doing we’ve got to adequately compensate them. So just take a look at trying to have this for
2015.
Mr. Mayor: Well, I’m going to say we’re blessed with a great Sheriff’s Department and a
great manufacturing base. And not a lot of other city’s can say that so we’re extremely fortunate.
Now ya’ll vote.
Mr. Johnson and Mr. Lockett out.
Motion Passes 8-0.
Mr. Mayor: Madam Clerk, to I guess the one pulled prior to that was number ten?
The Clerk:
FINANCE
10. Motion to approve the purchase of 1 utility body maintenance truck for Fleet
Management – Broad Street shop to be used on Road Calls for all departments. (Approved
by Finance Committee September 29, 2014)
Mr. Mayor: Commissioner Williams, I think this was you.
Mr. Williams: Yes, sir.
Mr. Mayor: And if we want to give a minute to clear out. All righty, Commissioner
Williams.
Mr. Williams: Thank you, Mr. Mayor. I just need to know a couple of questions on this
Fleet Management. This truck that we’re buying can somebody explain I guess, Ron.
Mr. Mayor: I believe Ron’s coming up to explain it to you.
31
Mr. Williams: Ron and this truck will be used for road calls? What will this truck be
used for?
Mr. Crowden: It’s a service truck. It responds to on call road calls.
Mr. Williams: Okay, this is you’re not talking about a disabled vehicle. You’re not
talking about a roll back truck.
Mr. Crowden: No, no, no it’s an F-250 Utility body ---
Mr. Williams: Okay.
Mr. Crowden: --- panels (inaudible).
Mr. Williams: And it’s going to Fleet Management.
Mr. Crowden: That’s correct.
Mr. Williams: Okay.
Mr. Crowden: Its primary well let me explain something. Its primary focus is going to
be the Fire Department right now. They have a preponderance of on call road calls to the
stations.
Mr. Williams: No, I disagree with that now. The Fire Department I understand the Fire
Department we agreed to let them run the mechanic shop for the Fire Department. Now are we
going to quit doing where a vehicle goes from station to station and I’ve got some issues with
that. I mean where we did say that they could save money they showed they could save money
by not going to Fleet Management. I thought they it was going to Fleet Management and I’m
thinking we’re paying them $3 million to do preventive maintenance on our cars and our trucks
then we’re going front them a truck to go out and do the stuff that we’re paying them, a contract
I have some issues.
Mr. Crowden: Here’s the reasoning behind it. A fire truck has an emergency light, it
goes out. Do you bring that fire truck at 9:00 the shops close down so you’ve got, you call the
mechanic in, you take the road call truck to the fire station to fix whether it’s during the daytime
or night time the fire truck goes to the fire engine rather than the fire engine comes to the shop.
So a lot more cost effective that way.
Mr. Williams: I understand what you’re saying. And, you know, I know both trucks and
fire. I’ve been both of them I mean I understand that but I’ve got issues with spending this kind
of money on a truck talk about going to servicing for whatever equipment. Our equipment has
been maintained at least over the years, they’re checked every morning at 8:00 our equipment’s
been cranked up and checked. At least they used to be anyway. And if there’s some issues with
some equipment it’s not like you’ve got a truck that came from Atlanta you don’t know who had
32
it you don’t know who’s been driving it. We know where this equipment was. I’ve got some
serious issues when I saw this. I thought it was something that Fleet Management was getting a
rollback and I still disagree ---
Mr. Mayor: I’ll give you another two.
Mr. Williams: --- thank you, Mr. Mayor, I still disagree whether they’re going to go and
do that. But since it’s going to the fire for the Fire Department and for road calls I don’t think
we need to get into the service truck business now. That’s my personal opinion. My colleagues
might want to spend some money because, you know, it’s Monopoly money to them but to me
it’s real. I’m not going to vote for that. I can’t support that. I’m making a motion to deny that,
Mr. Mayor.
Mr. Mayor: There’s no second on that. Okay, do we have another motion?
The Clerk: Mr. Guilfoyle had his hand up.
Mr. Mayor: Mr. Guilfoyle.
Mr. Guilfoyle: Actually I was going to ask a question before the motion was made to
Ron. Ron, how does a department director request a vehicle through the Capital Outlay
Program?
Mr. Crowden: That begins it actually begins before I would say in October we start
getting department needs. I start reviewing the fleet to find out the oldest vehicles and so forth.
I start looking at the maintenance records and so forth. Department heads then will send me
emails or discuss with me their needs. There’s a lot of discussion back and forth and there’s
actually some bickering that goes on too whether you really need something or not. And then
capital outlay is provided to me by Tim Schroer, the Assistant Director of Finance. That comes
sometime around February/March and in some cases it’s as late as April. It comes to me, an
amount comes to me and then it’s up to me to kind of lay everything out and see who’s ---
Mr. Guilfoyle: So the director generates the request.
Mr. Crowden: Yes, sir, that’s correct.
Mr. Guilfoyle: Okay, because I believe we have one of our people that’s over the tax
department that’s going to be coming before you but he didn’t know the procedure. But if it’s
that simple it should be no problem.
Mr. Crowden: I spoke with the Tax Commissioner and I spoke with the chief appraiser
for their needs. We’re working on the Tax Commissioner’s request now.
Mr. Guilfoyle: Okay.
33
Mr. Crowden: It takes a lot of study and working with the dealer to come up with certain
packages.
Mr. Guilfoyle: How does it work when we buy a vehicle that has a three year 36,000
mile warranty or 100,000 on the drive train? We don’t maintain it through our shop, do we?
Mr. Crowden: No, sir, all the warranty work, because dealers are real protective about
who does warranty work. They make money on warranty work.
Mr. Guilfoyle: Right.
Mr. Crowden: So dealers reserve that for their own so we have to have the vehicle
transported to the dealer to have all warranty work done.
Mr. Guilfoyle: All right and this vehicle is going to be used in, for the Fire Department
for shop emergency road service truck. Is this in part where Chief James had we just passed on
this floor doing an outside source shop?
Mr. Crowden: Yes, sir, it’s going to be primarily for his use. Yes, sir, that was my
intent. He doesn’t have that capability right now. It doesn’t have the funds to cover it.
Mr. Guilfoyle: As far as equipping this vehicle with the compressors, all the hoses
welding stuff, tools?
Mr. Crowden: Yes, sir, that came out of our capital layout bank. He’s still a customer
until December and that need grows every day. Maybe I can have, is the Chief here? Okay, he
left. The Chief came to me. He has a cargo van that’s 24 years old totally not appropriate for
this kind of thing. They can outfit the vehicle that I’m asking for. The can outfit it with common
items that break down on the fire machines that’s usually emergency lights, tires are a big issue
with them. Say when a tire for a fire machine and Commissioner Williams probably knows that,
when you run over a curb just right it takes out a large chunk of that tread. That tire’s no longer
serviceable, okay, and that’s got to be changed. Now we can do it at the shop by opening the
shop up at 8:00 o’clock at night if that’s what’s necessary or we can take this one truck and a
mechanic out to the station and change it at the station. It’s a lot more cost effective with the
truck then having to bring the truck all the way in. It’s just a cost effective measure. Now in the
press way made we talked about it with Chief James.
Mr. Speaker: (inaudible).
Mr. Mayor: You were speaking offline? You done?
Mr. Guilfoyle: Yes, sir, I am.
Mr. Mayor: Commissioner Harris.
Mr. Harris: Is this new or is this ya’ll just been using the old van? Is that the ---
34
Mr. Crowden: We use the old van we use, it uses side, had side panels on it. That thing
is just plum worn out and we really do need to provide it because it is a much more efficient way
to run your business. Whether I’m doing it or whether he’s the one it’s just a lot more efficient.
Mr. Harris: Yeah, because I wasn’t sure if I understood ya’ll if this was a new idea or
ya’ll what you have now is falling apart on you.
Mr. Crowden: Yes, sir.
Mr. Harris: Falling apart?
Mr. Crowden: Yes, sir.
Mr. Harris: Okay, thank you.
Mr. Crowden: It’s just worn out.
Mr. Mayor: Can we get a motion on this do we have any further?
Mr. Fennoy: Motion to approve.
Mr. Mayor: We have a motion. Is there a second?
Ms. Davis: Second.
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. Guilfoyle and Mr. Williams vote No.
Motion Passes 6-2.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
FINANCE
12. Motion to approve consideration of a waiver of penalties and interest when the
demolition of the structure has been completed relative to a request from Mr. Jim Wall,
Attorney for Mr. Edgar Matthews, on the ad valorem taxes owed by Southern Milling
Company, 1015 Twiggs Street. (Approved by Finance Committee September 29, 2014)
Mr. Mayor: Commissioner Williams, I believe this is your pull.
Mr. Williams: Yes, sir. Mr. Wall came down at committee and we explained to him that
once this building has been totally demolished he may be able to come back and maybe get some
35
consideration. And I’m surprised to see it on this agenda. And I’m trying to figure out how did
that happen? Who, Ms. Bonner, can you tell me how?
The Clerk: Yes, sir, there was a motion and second and a vote 4-0 for this action to be
taken. So it was forwarded to the Commission.
Mr. Williams: Forwarded, okay, well, this action didn’t get much out of the committee
so ---
The Clerk: It was an official action of the commission, of the committee.
Mr. Williams: Okay, my motion is to deny this until the destruction has been completed.
The Clerk: That’s what they said. It says he will not get consideration. He will get
consideration of the request once the structure is demolished.
Mr. Williams: I apologize I thought, I don’t trust myself sometimes.
Mr. Mayor: Do you want to move to ---
The Clerk: He only gets consideration once the structure is demolished.
Mr. Williams: Okay, yeah and ---
Mr. Mayor: So you move to approve.
Mr. Williams: --- I approve to deny. That’s right until that time right.
The Clerk: Okay, you’re moving to deny.
Mr. Williams: I want to approve this action ---
The Clerk: Yeah, okay.
Mr. Williams: --- he won’t get consideration ---
The Clerk: Right, yes, sir.
Mr. Williams: --- until ---
The Clerk: Yes, sir, that’s what the intent of the committee was.
Mr. Mason: Second.
Mr. Williams: All right.
36
Mr. Mayor: Okay, we have a motion that’s been made and properly seconded.
Commissioner Fennoy.
Mr. Fennoy: Yes, I think that we need to in addition to the demolition of the structure to
make sure that that property has been cleared before we, it said demolition we’re not just, are we
just dealing with the demolition or are we dealing with the demolition and cleaning up of that
property? We need to look at both.
Mr. Mayor: Hang on. Do we have somebody from staff that can speak to this issue?
Steve Cassell, are you out there?
Mr. Guilfoyle: He will not get a dime from this body, I’m sorry, Mr. Mayor.
Mr. Mayor: Okay, please wait to be recognized by the Chair ya’ll. Getting a little laid,
more laid back in my final few months but Commissioner Fennoy still has the floor.
Mr. Fennoy: Would the maker of the motion be willing to look at not only demolition
but the cleanup of that area before we give any consideration?
Mr. Williams: Yeah, I got no problem with that. In fact and I’ve been and yourself have
been observing that.
Mr. Mayor: Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor.
Mr. Mayor: Just talk amongst yourselves.
Mr. Williams: When they do the demolition they’re going to have to do the removal and
clean up so yeah, that’s the same thing. I agree with that, Mr. Fennoy.
Mr. Mayor: Okay, a motion’s been made and properly seconded. Commissioners will
now vote by the usual sign.
Motion Passes 8-0.
Mr. Mayor: Madam Clerk, next agenda item please which I think is 18.
The Clerk:
ENGINEERING SERVICES
18. Motion to approve a Construction Change Order in the amount of $43,866.50 for the
Marion Homes Water Main Improvements project by Eagle Utility Contracting, Inc. Bid
Item #14-134. (Approved by Engineering Services Committee September 29, 2014)
Mr. Mayor: Commissioner Williams, I believe this was your pull.
37
Mr. Williams: Yes, sir. I didn’t understand what this contract is really this change
order’s really saying something about the Marion Homes and the Water Main. Do our water
Tom, he’s standing right here. Tom, don’t we handle that ourselves or we got outside crews?
Mr. Wiedmeier: Mr. Mayor and members of the Commission, this is a construction
project to replace the water main in Marion Homes that was substandard material. It was having
frequent breaks so we bid a contract to replace the water main throughout the subdivision.
Mr. Williams: So, can I, Mr. Mayor?
Mr. Mayor: Uh-umm.
Mr. Williams: Okay, Tom, we don’t do it ourselves. I mean you don’t have a staff or
crew to do that within house?
Mr. Wiedmeier: We don’t do major installations. We do repair main breaks and leaks
and some new installations but limited in scope.
Mr. Williams: But this is going throughout Marion Homes.
Mr. Wiedmeier: Yes.
Mr. Williams: Okay. My motion is to approve, Mr. Mayor.
Mr. Mason: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner
Fennoy.
Mr. Fennoy: I was going to second the motion.
Mr. Mayor: Okay. We have a motion that’s been made and properly seconded.
Commissioners will now vote by the usual sign of voting.
Motion Passes 8-0.
Mr. Mayor: Madam Clerk, on to the regular agenda.
The Clerk:
PLANNING
27. Z-14-20 – A request for concurrence with the Augusta Planning Commission to deny a
petition by Jennifer A. Blackburn, attorney for Verizon Wireless, on behalf of Mary P.
McElmurray, requesting a Special Exception to establish a telecommunication tower per
Section 28-A-5(c) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting
38
property containing .22 acres located 269 feet, more or less, west of Old Waynesboro Road
and also being 1,439 feet, more or less, south of where the centerline of Rusk Drive
extended intersects. Part of Tax Map 213-0-156-00-0 (DISTRICT 6) (Requested by the
Administrator-no action vote by the Commission on September 16, 2014)
Mr. Mayor: Ms. Wilson or excuse me Mr. MacKenzie.
Mr. MacKenzie: Mr. Brown’s actually out today but he hopefully gave enough
information to discuss this. If you recall this was the item that did not get approved at the last
Commission meeting. And Item 28 is a companion item. It’s just a discussion. That was the
item that actually did approve the zoning related to that same property that’s in 27. Just to point
out the recommendation from the department was to deny. If it’s the will of the Commission to
approve you need to make that clear for the record which would be a motion to approve the
petition to allow for the cell tower to be built.
Mr. Mayor: Commissioner Williams then Commissioner Guilfoyle.
Mr. William: Mr. Mayor I’d like to go ahead and make a motion we approve that
item ---
Mr. Grady Smith: Second.
Mr. Williams: --- to match that one.
Mr. Mayor: Okay, we have a motion that’s been made and properly seconded.
Commissioner Guilfoyle.
Mr. Guilfoyle: Yes, I was wondering if the maker of that motion would amend his
not to exceed 250 feet and it’s only used for a cell
wording on this motion to where it says
tower use.
Mr. Williams: I can do that.
Mr. Guilfoyle: Thank you, sir.
The Clerk: 250 right, Mr. Guilfoyle?
Mr. Guilfoyle: Yes, because it sits down on a side of a hill. Now the one down on
Wrightsboro Road is another.
The Clerk: To be only used for cell tower.
Mr. Mayor: Okay. Mr. MacKenzie.
Mr. MacKenzie: I just want to clarify too that the motion is to approve the petition, not
to approve the request to deny which is on the agenda.
39
The Clerk: Right.
Mr. Mayor: Yes. Okay, we have a motion that’s been made and properly seconded.
Commissioners ---
Ms. Davis: Can I ask a quick question, Mr. Mayor? Was that ---
Mr. Mayor: Ms. Davis.
Ms. Davis: --- was that the number we discussed? The 250 that was what we discussed
for this property right?
Mr. Guilfoyle: Yes.
Mr. Mayor: Correct.
Ms. Davis: I’m sorry I had 150 in my head but okay, thank you.
Mr. Mayor: Commissioners will now vote by the usual sign.
Motion Passes 8-0.
PLANNING
28. Z-14-19 – Discuss the approval of a request of a petition by Jennifer A. Blackburn,
attorney for Verizon Wireless, on behalf of Mary P. McElmurray, requesting a change of
zoning from Zone R-1 (One-family Residential) to Zone R-2 (Two-family Residential)
affecting property containing .22 acres located 269 feet, more or less, west of Old
Waynesboro Road and also being 1,439 feet, more or less, south of where the centerline of
Rusk Drive extended intersect. Part of Tax Map 213-0-156-00-0 (DISRICT 6) (Requested
by the Administrator-Approved by the Commission September 16, 2014.
Mr. Mayor: Mr. MacKenzie, I think it would be proper if correct me if I’m wrong but to
ask for as we move on to agenda item 28 a motion to delete that?
Mr. MacKenzie: Yes, that would be perfect. Thank you.
Mr. Williams: So moved, Mr. Mayor.
Mr. Guilfoyle: Second.
Mr. Mayor: Commissioner Fennoy.
Mr. Fennoy: Can I hear from Ms. Wilson on number 28?
Mr. Mayor: Okay. Ms. Wilson.
40
Ms. Wilson: Yes, just for consistency’s sake it would probably just be easier since you
made, recommended approval for item number 27 that you do the same for item number 28 just
because that’s for the Special Exception that goes with the zoning.
Mr. MacKenzie: Twenty-eight was a Special Exception. This was just to discuss 28
which was already previously approved. Just delete it.
Mr. Wilson: Well, that’s fine. It’s just in the agenda so I don’t want there to be any
confusion because we took action on 27 and not on 28. If it’s clear that 28 has been approved,
then fine.
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: I think we’re all on the same page the recommendation to delete 28 due
to action taken on 27.
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. Johnson, Mr. Lockett and Mr. Hasan out.
Motion Passes 7-0.
Mr. Mayor: Madam Clerk, on to the next agenda item please.
The Clerk:
PUBLIC SERVICES
29. Update from the Interim Administrator regarding the timeline for the relocation of the
Clerk of Commission Office. (Requested by Commissioner Marion Williams)
Mr. Mayor: Mr. Cassell.
Mr. Cassell: Yeah, we spoke at the committee meeting and Commissioner Williams
asked that I come back with a timeline for the Clerk of Commission moving in. Now bear in
mind we’ve done the revised drawings. Some of the things of these changes that me and Ms.
Bonner worked through I think we’ve got the space at least to her satisfaction as far as what she
st
wants and based on that we will bring it back to the October 21 Commission meeting for, you
know, her price set our cost estimate. Assuming approval at that point they could be under
thth
construction demolition by October 28 the final completion date of December 29. Now that
would be completion and construction. I’ve spoken to the contractor Heery and one of the things
they asked could she move in earlier because the construction’s really confined to the vault space
and the other side of the office to where my understanding where Ms. Bonner wants to keep her
staff. And then also one of the rooms that she was proposing restored doesn’t require anything
other than additional shelving anyway so why couldn’t we start utilizing that space. And so he’s
been agreeable that we could look at that and that if she wanted to accelerate her move in that we
41
could do it. Now you would probably be in a construction zone somewhat. You know I’ve
stressed with Ms. Bonner and you all when I got involved in this, you know, I wanted to get it
right. You know she was unhappy with the space. I know at the time it was just move her over
there, we found out that she needed a fire proof vault, we’ve looked at some other things on how
to store her documents and you know and I think we needed to modify that to get that right. I
th
think if even with the December 29 as long as we have the space right it’s to her satisfaction I
think the timeframe’s fine. But if it’s really necessary she move in then I think we can
accomplish that as well.
Mr. Mayor: Okay. Commissioner Williams then Commissioner Fennoy.
Mr. Williams: Thank you, Mr. Mayor. First of all I want to clarify something that I
heard a couple times just now from Steve and from around this building. This is not what Ms.
Bonner wants, this is what Ms. Bonner needs and has requested. And I heard that and every time
I hear like she’s getting special treatment or privileges, now I understand, Steve, I understand I
just want to clear it up now because when I hear it it’s like meeting in these sub meetings I’ve
been meeting in and people looking like well she’s asking for something she wants. But this is
what she requested, this is what she put in for and this is what she needs and you understand that
and I think you recognize that now. But after all the time we’ve been put back, put back, put
back and it’s still costing us money from an architect or from a design firm or a firm that’s
supposed to be managing this project and you’re talking about the end of November/December
now to move? She won’t be inconvenienced totally but I think the move needs to take place
ASAP so we can get her in that particular area to start the set up. She’s still got boxes on the
floor. I’m really disappointed as to how we have let this thing linger and went on and act like we
don’t know and we can’t meet and we can’t decide and didn’t know where to shelf was. Very
minor changes that I saw from putting the Commission boxes I call them or cabinets to put their
mail in to where a plug goes up and down. In fact there’s plenty of plugs. I’m used to extension
cords, Mr. Mayor, I can use an extension cord myself but I just didn’t see the amount of money
they’re talking about for putting ---
Mr. Mayor: I’ll give you two more.
Mr. Williams: --- existing boxes or where a plug or outlet’s going to be. So I need to
know from you, Steve, when is the earliest that we can start to transfer because the move will
never happen if we don’t get started somewhere. Like going to New York you got to get out
your house and get in the car sometime. Let’s start to move some boxes from that office down to
the other office to get this process rolling. I think it’ll roll quicker if we you know we get to
transport some stuff so can you tell me when the earliest we can do that?
Mr. Cassell: Yes, if I can address, you know, Ms. Bonner’s needs. I recognized that and
I think it was recognized early on my Ms. Bonner as well. The conference room that we’re
going to be turning into a vault is not good enough. I mean a lot of the stuff she has is really
priceless, one of a kind stuff it goes back to the 1800’s. It needs to be in a fire rated vault, the
sprinkler system needs to be taken out that area needs to be modified to bring it up to where if a
fire God forsake like happened in the county one of adjacent counties happened these documents
would have the best chance of survival. But with that said talking to them they could go in
42
thst
October 28 would be the day assuming approval on the 21 they would begin demolition. I
during the demolition phase I wouldn’t want to be in there. It could be dusty, they could block it
off with some plastic but I could work with them on how long it would be but I would say early
November is what we would be looking at.
Mr. Mayor: Okay. Commissioner Fennoy.
Mr. Fennoy: Mr. Cassell ---
Mr. Cassell: Yes, sir.
Mr. Fennoy: --- if the Clerk’s Office is allowed to move in in early November,
construction will still be going on in that office?
Mr. Cassell: Yes, sir.
Mr. Fennoy: Would they be required to wear hard hats?
Mr. Cassell: No, like I said you have two entrances and exits to that. It would be less
than the most ideal situation obviously for what she’s going to have in the future. But no the
goal would be to block off the hallways with some plastic even keep the dust out of there.
Mr. Fennoy: All right.
Mr. Mayor: Only if they want to and they’re very stylish hard hats. If there’s no further
discussion, can I get a motion to receive this as information?
Mr. Mason: So moved.
Mr. Guilfoyle: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioners
will now vote by the usual sign.
Mr. Williams: Mr. Mayor, point of personal privilege please.
Mr. Mayor: Commissioner Williams.
Mr. Williams: While we’re talking about demolition and moving I’d like to see the other
plans of the Administrator’s, future Administrator’s space is going to be. The other renovations,
we’re not talking about none of that. I don’t nothing but this floor now. Before we get to up
against the wall again I’d like for Steve to get with somebody and bring us back some stuff to
show us what’s potentially coming whether there’s going to be a bathroom on the floor so it’ll be
handicap accessible (inaudible).
Mr. Mayor: I’m sure that Mr. Cassell would be willing to do that.
43
th
Mr. Cassell: You want an update of just the 9 floor or the whole building as a whole?
Mr. Williams: The whole building.
Mr. Cassell: I’m sorry.
Mr. Mayor: The whole building.
Mr. Cassell: Okay. We can do that.
Mr. Mayor: Okay, Madam Clerk, next agenda item please.
Motion Passes 8-0.
The Clerk:
ADMINISTRATIVE SERVICES
30. Discuss the update on the Disparity Study. (No recommendation from Administrative
Services Committee September 29, 2014)
Mr. Hasan: Mr. Mayor.
Mr. Mayor: Yes, sir, Commissioner Hasan.
Mr. Hasan: Mr. Mayor, this is under the Administrative Services Committee and
Commissioner Lockett is not here. And I just want to know do we want to proceed with it or just
you know I think history says pretty much from my observation that we do try to respect the
person who put it on this agenda. Return it send it back to committee.
Mr. Mayor: I would say that as the Chair is not here out of respect for the Chair I think
that that would be an appropriate way to proceed.
Mr. Hasan: Okay.
Mr. Mason: Is that a motion?
Ms. Davis: I’ll second it.
Mr. Hasan: I make a motion to send it back to committee.
Ms. Davis: I’ll second it.
Mr. Mayor: We have a motion that’s been made and seconded. If there is no further
discussion Commissioners will now vote by the usual sign.
44
Motion Passes 8-0.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
ADMINISTRATIVE SERVICES
31. Motion to approve an 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. (Requested by Commissioner Marion Williams)
Mr. Mayor: Commissioner Williams did you?
Mr. Williams: I look to my Attorney ---
Mr. Mayor: What’s that? Mr. MacKenzie.
Mr. MacKenzie: This is an item that’s already been through the Commission several
times. I did have conversations with Commissioner Williams to address some of the concerns
that he has. In your information packet you have a redline version that shows all the proposed
changes. Since the last version that was approved by the Commission I did have a conversation
earlier today with the Risk Management Department who has made a suggestion to make two
additional relatively small changes to the Policy and I’ll distribute these out (inaudible). The
only difference between this version and what you already have is highlighted. There’s one on
the first page and I think there’s one several pages in and it was essentially to add a definition to
one section relating to what would be within a safety sensitive position. And the other change
was to clarify that once a person does return to work that they would not be allowed to operate or
to be in a position where they operate a motor vehicle on a consistent regular basis or operate
heavy equipment until they completed the testing period designated by the code. This shouldn’t
have any impact on the discussions that we had in Personnel relating to the personnel matter.
Mr. Williams: So moved, Mr. Mayor.
Mr. Hasan: Mr. Mayor, I have a question please.
Mr. Mayor: We have a motion. Is there a second on that?
Mr. Mason: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner
Hasan and then Commissioner Fennoy, did you have your hand up?
45
Mr. Fennoy: No, no, no.
Mr. Mayor: Okay, Commissioner Hasan.
Mr. Hasan: Yes, for sake of time, Mr. Mayor, I’d like to know is this pretty much the
same policy in terms of a couple of weeks ago that Ms. Bryant about the year for the substance
abuse policy and three months thereafter non-sensitive in a year if a person in an essential
position and a year thereafter is this the same policy?
Mr. MacKenzie: This is the same policy except that it has been slightly modified.
Mr. Hasan: Can you tell me what those modifications are?
Mr. MacKenzie: Those are all highlighted in there but I’ll go through the initial version
is if the person is returning to a non-safety sensitive position there would be no waiting period.
So the three months was eliminated. They would be required to go through required testing I
mean the required rehabilitation program and there would be a limited exception to that if the
Administrator considered an employee’s history of employment and the conditions of the
specific case they could return earlier than that. In a nutshell those are the essential changes
except the ones that I just highlighted.
Mr. Hasan: Mr. Mayor, I’d like to make a motion. Do I have to tell my reason for it to
make the motion ---
Mr. Mayor: And it would be a substitute motion.
Mr. Hasan: --- substitute motion, I’m sorry, I make a substitute motion, I’m sorry. And
that is to send this back reason being is because one of the questions I had last time was if a
person’s out for a year then they use all of their relationships with this government. They almost
have to start over as I understood it. And if they’ve got to go through the substance abuse
program for a year even if they start on day 366 after being away from the government then
they’ve lost all the relationship and I don’t think that was ever our intent. And so that’s still in
place. I would make that we sent this back.
Mr. MacKenzie: Just to clarify.
Mr. Mayor: Okay, Mr. MacKenzie.
Mr. MacKenzie: This was the one year limit is still in there for safety sensitive positions.
For non-safety sensitive positions or a person who is in a safety-sensitive but returning to a non-
safety sensitive position they can either go through the process of getting the treatment. The
treatment period can be as little as two weeks according to the guy that gives the treatment that
came in. It’s not necessarily going to be an extended treatment period and in most instances it
does not extend into anything close to a year is my understanding of it.
Mr. Hasan: Well ---
46
Mr. MacKenzie: However this policy also has an exception which does allow for the
Administrator to review special cases to make an early decision to let a person return to work
without having completed the rehabilitation period.
Mr. Hasan: Okay but ---
Mr. Mayor: Mr. Hasan, you’ve got 55 seconds on your (inaudible).
Mr. Hasan: --- okay, Mr. Mayor, I concur with everything that our Attorney has said but
at the end of the day I would like to see before we approve this or what have you to see some of
the paraphernalia of the company that we’re contracting with because when I asked him straight
forward about how long would I have to participate in your program before I get a certification
that I’ve completed your program he said one year. And then later on in to the dialogue he at his
own discretion it could be two weeks, six weeks or what have you. So I we’d like this
government ought to see some of his paraphernalia because if his program at the end of the day
says a year then we need to also look at other programs that’s out there that can give us inside of
three months, six months or what have you. I think we’d be making a mistake if we approve this
at this point.
Mr. Mayor: So still your substitute motion is to send this back to committee.
Mr. Hasan: Send it back to committee.
Mr. Grady Smith: Second.
Mr. Mayor: Okay. Commissioner Davis then Commissioner Fennoy.
Ms. Davis: Thank you, Mr. Mayor. I just wanted to see if, is anybody here from Risk
Management or H.R. to address? I just and I’m grateful for going back to committee so I know
we can discuss that further but is this ---
Mr. Mayor: Yes, ma’am.
Ms. Davis: --- I just wanted to see your thoughts on this. I mean do you recommend
these changes or what as far as Risk Management.
Ms. Wright: Well, these are, these changes will allow an employee if they’re terminated
they can be rehired almost immediately. I mean there’s no wait time and then they would go into
rehab. That’s a condition of employment. If they want to be rehired at that time they have to go
through rehab and so they wouldn’t be out there a year. The year policy that we had before, at
that time employees would lose all their benefits if there were terminated. With the PPPM that
was changed and it was if they came back within a year they got their seniority back. This policy
never changed to keep up with that so I don’t have a problem with bringing them back. I do
think they need to be followed for at least a year in the testing. And I do think, they don’t, we
don’t need to allow them to drive a vehicle or operate heavy equipment.
47
Ms. Davis: You mean for when they come back or for indefinitely with their position?
Ms. Wright: When they come back and it’s through that one year testing once they finish
that one year testing then if they wanted to drive, the department could let them.
Ms. Davis: But overall you’re good with these changes from your department.
Ms. Wright: I’m okay with them.
Ms. Davis: Thank you, Mr. Mayor.
Mr. Mayor: Okay. Commissioner Fennoy ---
Mr. Fennoy: Yeah ---
Mr. Mayor: --- then Commissioner Williams.
Mr. Fennoy: --- I think most treatment facilities they have a six weeks or three month
program. And after they complete that program they may have a year of after care where the
person that’s involved in treatment does not have to come every day like they used to but they
may come through that program like once a week for a year’s time. And a lot of times it’s up to
the discretion of that person whether they participate in aftercare or not or it’s up to the
discretion of their employer if they want to keep their job whether they participate in the
aftercare program or not. But I don’t think that the program itself lasts for a year but they will
get anywhere from six weeks to three months of I guess intense treatment and after that they will
be, have a year of aftercare where they can just reinforce what they’ve learned during that
intense treatment time.
Mr. Mayor: Okay, Commissioner Williams.
Mr. Williams: Thank you, Mr. Mayor. And after speaking with the Attorney and I
understand where Commissioner Hasan is saying but that year was taken out for non-sensitive
operations person that’s not driving a vehicle; that person would be allowed to come back to
work immediately. And then from that point they have an opportunity to go whatever session
they need to have whether it be a week or two weeks or whatever six weeks whatever it is. And
then it wouldn’t be where you had to wait before, had to wait twelve months and then three
months after that and they’d in a, lost everything. There’s self employers that have been out
there being able to be if the Administrator or the director of that department feels that that’s a
good employee who made a, had an opportunity to come back they would recommend that. So
that would give people, keep them from losing everything they done invested in the period of
time for one mistake so I’m in support of this I think (inaudible).
Mr. Hasan: Mr. Mayor, can I do a follow up please?
Mr. Mayor: Commissioner Hasan.
48
Mr. Hasan: I’m going to apologize to my colleagues in advance because maybe I’m
missing something here and I do normally miss something from time to time. When you said
come back immediately, to me I’m understanding immediately means after the completion of the
program. Is that correct, Mr. Attorney? If it’s not I can get fired the day you know and come
back tomorrow and then go the program in the meantime?
Mr. Mayor: Mr. MacKenzie.
Mr. MacKenzie: It’s not correct.
Mr. Hasan: What’s immediately mean?
Mr. MacKenzie: The policy states that an employee would be required under normal
circumstances to complete the rehabilitation program before being eligible to be rehired.
Mr. Hasan: Okay.
Mr. MacKenzie: There is an exception to that under this latest draft.
Mr. Hasan: Okay.
Mr. MacKenzie: It would allow for early rehire as long as the Administrator approves
that based on the following three factors that would be the length of time the employee had been
employed, the employee’s disciplinary history and any recommendations from the department
where the employee was employed at the time at his or her termination. There is an exception
whereby an employee would be eligible for rehire immediately upon the Administrator’s
approval.
Mr. Hasan: Okay. Okay, all right.
Mr. Mayor: Okay, we have a substitute motion that’s been made and properly seconded
to refer this back to committee. The primary motion which if this passes we won’t vote on but
the primary motion was to approve. So Commissioners will now vote on the substitute motion to
refer to back to committee by the substitute sign of voting.
Mr. Fennoy, Mr. Hasan and Mr. Williams vote No.
Ms. Davis, Mr. Mason, Mr. Harris, Mr. Guilfoyle and Mr. Smith vote Yes.
Motion Fails 5-3.
Mr. Mayor: Now we will vote on the primary motion to approve. Commissioners will
now vote by the usual sign of voting.
Mr. Fennoy, Mr. Mason, Mr. Hasan, Mr. Williams vote Yes.
Ms. Davis, Mr. Harris, Mr. Guilfoyle and Mr. Smith vote No.
Motion Fails 4-4.
49
Mr. Mayor: Mr. Attorney, can I break a four all tie? I know it doesn’t have any impact
but it’d just be fun to do.
Mr. Williams: Mr. Mayor, can we reconsider that item and try to (inaudible)?
Mr. Mayor: We could get a motion to reconsider that agenda item.
Mr. Williams: I make a motion to reconsider.
Mr. Hasan: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. If there’s no
further discussion Commissioners will now vote by the usual sign.
Mr. Hasan: We’re voting to adopt it, right?
The Clerk: To reconsider item 31.
Mr. Mayor: Reconsider.
Ms. Davis, Mr. Harris and Mr. Guilfoyle vote No.
Motion Fails 5-3.
Mr. Williams: Madam Clerk, just put it back on the next agenda for me please?
The Clerk: Yes, sir.
Mr. Mayor: Okay, Madam Clerk, on to the next agenda item.
The Clerk:
PUBLIC SAFETY
32. Motion to approve the creation of a new Adoption Coordinator position for the Animal
Services Department.
Mr. Mayor: Ms. Broady.
Ms. Broady: Good afternoon, Mayor, Commissioners. I would like to withdraw my
motion to hire and Adoption Coordinator. I have restructured the department and I do believe
that we will be able to handle adoptions with the existing staff. I have looked at Savannah,
Macon and Columbus and neither or those governments have an Adoption Coordinator
specifically to handle adoptions, the supervisors are tasked with that responsibility. My
Operations Manager has been working with rescue groups for the last twelve years and her
relationship continues. Our numbers are increasing with the help of specific rescue groups but at
this time I do not feel that the department is in need of an Adoption Coordinator.
50
Mr. Mayor: Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor. Kind of caught me off guard here today. Where am
I going with this, okay, so under your current staff you said you’ve done some restructuring.
Okay, now I’m a little curious and I don’t know if Legal or whomever H.R. could help me out
here but when you start adding on additional duties that they did not otherwise have generally
speaking there’s some compensation to be gained from that.
Ms. Broady: Yes, sir.
Mr. Mason: Is that the case that we’re dealing with here because I didn’t hear you speak
to that.
Ms. Broady: I apologize, sir. Yes, that has been done. We restructured with the help of
Human Resources and compensation was given for those assisting to the Operations Manager.
Those were her duties all along. I have given her assistance so that she can shift some of her
responsibilities to assistants.
Mr. Mason: So some people’s pay has increased ---
Ms. Broady: Yes.
Mr. Mason: --- or will increase under what you’re saying here. And do you feel then that
it’s your opinion that that’s going to be adequate enough to do what needs to be done that was
going to be done with a dedicated whatever this thing ---
Ms. Broady: Adoption Coordinator.
Mr. Mason: --- Adoption Coordinator.
Ms. Broady: Yes, sir, I do. I would like to try this, give it a trial period and if it does not
work then I’ll revisit it.
Mr. Mason: Okay and my last question, Mr. Mayor, would be that did you do you have
some numbers for us in terms of the difference? In other words if we were going to do the
Adoption Coordinator at $31K what if any savings or what if any additional costs will it cost us
to compensate the other individuals to do what would’ve been done by the coordinator.
Ms. Broady: Commissioner, with the blessing and cooperation of the Interim
Administrator we were able to eliminate some vacant positions. And I have already
compensated the assistants to free up the Operations Manager to devote more time, more of her
time to adoptions so there is no additional cost.
Mr. Williams: So moved then, Mr. Mayor.
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Mr. Mason: Exactly.
Mr. Mayor: Okay, well if she’s not asking for it I guess it’s just, Mr. MacKenzie, help
me here. A motion to delete the agenda item ---
Mr. MacKenzie: Yes.
Mr. Mayor: --- or to ---
Mr. MacKenzie: That would be perfect. She’s not seeking any additional action.
Mr. Mason: Motion to delete item number 32.
Mr. Hasan: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioners
will now vote by the usual sign.
Motion Passes 8-0.
Mr. Mayor: Madam Clerk, next agenda item please.
The Clerk:
PUBLIC SAFETY
33. Motion to approve extending Animal Services hours of operations.
Mr. Mayor: Ms. Broady.
Ms. Broady: Sir, currently lady and gentlemen currently our hours are, employees hours
are 8:30 a.m. until 5:00 p.m. We are taking complaints, we are cleaning the shelter until 11:00
o’clock. At 11:00 o’clock we open to the public. Our proposal is that we extend our hours
Monday through Friday until 6:00 p.m. to allow citizens access from 11:00 a.m. until 6:00 p.m.
We’re also recommending opening on Saturdays from noon until 2:00 p.m. and that also I would
like to have a period of trial to determine the feasibility of staying open on Saturdays from 12:00
to 2:00. Currently we send staff to Pet Smart every weekend with animals for adoption and on
Saturdays we will be open full service to take in animals and to adopt animals as well so we’ll
have animals available adoption at two locations. And occasionally we are at Fort Gordon on
weekends as well.
Mr. Mayor: Commissioner Davis.
Ms. Davis: Thank you, Ms. Broady. So I know that we had mentioned this before and
you had said it again from budget constraints as far as not being open on a Saturday. Are you
still, do you feel comfortable with being able to manage that under your budget?
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Ms. Broady: Yes, my plan is to just shift schedules.
Ms. Davis: Okay. How I know that we’ve had some volunteer vets coming out to the
shelter. Is that correct? Has that been helping you in as far as adoption, is that, are those
numbers improving?
Ms. Broady: Commissioner Davis, we have had volunteer vets. And when I say
volunteer they are, there is one vet that is not being paid but we are paying two veterinarians.
And they are coming out have been coming out five days a week. We have got over 70 animals
right now that are available for adoption. Between the last time that I was here well not the last
time but July when we first brought this up the rescue groups have taken 242 out of the 587
animals that have been adopted from July 15 to date. So they are moving.
Ms. Davis: So that’s an, is that an improvement as far as what we’ve seen over the past
year or two as far as adoption? I mean as far as from adoption groups coming in to help and
animals being adopted?
Ms. Broady: It’s an improvement, Commissioner, since July.
Ms. Davis: Okay great. And I’m all for the increasing the number of hours and
Saturday. Thank you for working with what you have. I appreciate that.
Ms. Broady: Thank you.
Mr. Mayor: Would you like to put that in a form of a motion?
Ms. Davis: Yes, motion to approve.
Mr. Smith: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded. Commissioner
Fennoy.
Mr. Fennoy: Ms. Dottery, where are we on the hiring a full time vet?
Ms. Broady: Sir, that position is still vacant.
Mr. Fennoy: Okay. Since we are having a difficult time filling the full time position, is it
possible that we could have two part time positions and see if we could get any interest? I mean
is that a possibility?
Ms. Broady: I think it is a possibility and I would like to be able to put that on the table
to have either/or because right now the vets that we have coming in are half a day. We have one
that works a full day but the second vet is working half days and he is so fast with surgeries I’m
having a hard time keeping animals available for him. So I do believe that part time could work.
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Mr. Fennoy: Yes ---
Ms. Broady: And the option of part time or full time which ever is filled first could work.
Mr. Fennoy: --- yes, I would like to see since we have a difficulty filling that position
full time then maybe we’ll look at maybe two or even just depending on how much money we
have looking at two or three part time and have the see if we can get the vets to come in on a
regular scheduled basis. And one thing by doing that we’ll probably eliminate the city have to
pay benefits.
Ms. Broady: Yes, sir.
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 of voting.
Mr. Guilfoyle out.
Motion Passes 7-0.
Mr. Mayor: Madam Clerk, final agenda item.
The Clerk:
PUBLIC SAFETY
34. Motion to approve the attached updated fee collection schedule.
The Clerk: Yes sir. Item 34 a motion to approve the attached, well, the posted updated
fee collection schedule.
Mr. Fennoy: Motion to approve.
The Clerk: She’s posting it now.
Mr. Mayor: We have a motion to approve. Is there a second?
Mr. Smith: Second.
Mr. Mayor: We have a motion that’s been made and properly seconded.
The Clerk: It’s different from the one in the book so I wanted to ---
Mr. Mayor: Okay.
Ms. Broady: While that’s coming up the motion, ma’am and sir, is to reduce the
adoption fees of the dogs and cats by $10.00 to help promote more adoptions. That is the only
change to the print out that you have a reduction of $10.00 for the cat, kitten, male dog puppy
and the female dog puppy.
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Mr. Mayor: Okay, we had a motion that’s been made and properly seconded. If there is
no further discussion Commissioners will now vote by the usual sign.
Mr. Guilfoyle out.
Motion Passes 7-0.
Mr. Mayor: Thank you, lady and gentlemen. 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
October 7, 2014.
______________________________
Clerk of Commission
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