HomeMy WebLinkAboutRegular Commission Meeting July 21, 2015
REGULAR MEETING COMMISSION CHAMBER
JULY 21, 2015
Augusta Richmond County Commission convened at 2:00 p.m., July 21, 2015, the Hon.
Hardie Davis, Jr., Mayor, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Sias, Frantom, M. Williams, Fennoy, D. Williams,
Hasan, Davis and Smith, members of Augusta Richmond County Commission.
Mr. Mayor: All right, good afternoon, ladies and gentlemen of Augusta. Madam Clerk.
The Clerk: Yes, sir. We’d like to call on the Rev. Dr. Julia D. Crim, Minister of
Missions and Discipleship, Trinity on the Hill United Methodist Church for our invocation
today.
The Clerk: Dr. Crim.
Mr. Mayor: Please stand, followed by our Pledge of Allegiance.
The invocation was given by Rev. Dr. Julia Crim, Minister of Missions and Discipleship,
Trinity on the Hill United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Rev. Crim, thank you for being here with us we have something for you
here. We want to again recognize you for your spiritual guidance and civic leadership as you
serve as an example to all of our citizens. Madam Clerk.
The Clerk:
RECOGNITIONS
Award to Richmond County Correctional Institution
A. Richmond County Correctional Institute
RE: Award for their selection as the County Facility of the Year for 2014 by the Georgia
Department of Corrections.
(Requested by Commissioner Lockett)
The Clerk: And if the Mayor and the Public Safety Chairman would like to come down
I’ll read the press release from the Department of Corrections regarding this honor.
The Richmond County Correctional Institution honored named County Facility of the
Year. The Georgia Department of Corrections honored Richmond County Correctional
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Institution as County Facility of the Year at the 11 Annual GDC Awards Ceremony on July 7
at the State Offices South at Tift College in Forsythe Georgia. Warden Evan Joseph accepted the
award on behalf of Richmond County Correctional Institution. In 2014 Richmond County CI
consistently received high scores on a variety of GDC report card items to included audits, bed
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utilization, vacancy rates and turnover rates said Commissioner Homer Bryson. It is for those
continued efforts in setting the standard for our county facility that they were awarded with this
great honor. Richmond County Correctional Institution located in Augusta is a medium security
facility that can house up to 220 male inmates. The facility provides housing for state and
county offenders and a general labor force supporting the Augusta Richmond County
Government. Several key officials were on hand for the ceremony which was attended by more
than 200 guests. Making the award presentation with Commissioner Homer Bryson were
Assistant Commissioner of Administration and Finance Scott Poitevint, Assistant Commissioner
of Facilities Division Timothy C. Ward and Board of Corrections Chair Rose Williams. The
GDC has one of the largest prison systems in the U.S. and is responsible for supervising nearly
55,000 state prisoners. It is the largest law enforcement agency in the state with approximately
10,500 employees.
Mr. Mayor: Let’s stand and give them a hand. (APPLAUSE) To the men and women of
RCCI on behalf of the Augusta Commission and our local government we want to applaud your
efforts. Would you please remain standing the men and women of RCCI, would you please
remain standing? (APPLAUSE) I’ll defer to the Chairman of Public Safety first.
Mr. Lockett: Thank you, Mr. Mayor. I just want to say it was really exciting to be in
Forsythe to see Augusta Richmond County RCCI being recognized as the best. I mean it really
was exciting and I want to say I really appreciate the work that the warden has down and the
work he’s going to do in the future. And I also appreciate all the support we’re getting from his
staff. So thank ya’ll very much.
Mr. Mayor: To Warden Joseph on behalf of the City of Augusta we do extend our
congratulations and commend you for your commitment to excellence as demonstrated by this
prestigious recognition. We applaud your team work and diligence as you have pursued this
designation. And to you and your staff you are the best of the best not just in this community but
in the great state of Georgia. Thank you so much for your service. (APPLAUSE)
Warden Joseph: Thank you, Mr. Mayor. Mr. Mayor, members of the Commission, this
is a huge honor. I don’t think you realize but we are one of 23 facilities that have the same
mission throughout the state and we’re not the biggest and we’re certainly not the smallest but it
speaks volumes to the type of staff that we have to of course achieve this award. I just want to
personally thank my staff without them this would not have been possible. Lastly four years ago
the Commission gave me this opportunity and I remember one of my first meetings with my staff
laid out of the division and some of the plans and goals that we had this was actually one of our
five years plans and I’m pleased to announce that we did it in four years. So thanks again to my
staff and the commission for your continued support. (APPLAUSE)
Mr. Mayor: Madame Clerk, we are about ready. We’ll let them exit the chamber first,
give them a chance to exit the chamber. As we’re preparing to hear our delegations we have a
number of delegations that are going to come before the commission. When you approach the
podium, if you will understand that you’ve got five minutes individually to present, if you’ll state
for the record your name and your address. Thank you. Madam Clerk.
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The Clerk:
DELEGATIONS
B. Mr. Timothy M. Thomas
RE: Rezoning of property at 1795 Martin Luther King Blvd.
Mr. Thomas: Thank you, members of the Commission thank you, Mayor, for this
opportunity to be heard today. Thank you, Rev. Crim, if you’re still here for that beautiful
benediction. I will be short and brief. My mother, Gloria Thomas, standing right next to me she
decided to ---
Mr. Mayor: Could you suspend? If you will restate your name for us and your address
please.
Mr. Thomas: Yes, sir, Timothy Thomas, 2361 Patrick Avenue, Hephzibah, Georgia
30815.
Ms. Thomas: My name is Gloria Thomas, 1795 Martin Luther King Boulevard. What
I’m here to speak to you all about (inaudible).
Ms. Richardson: I’m Stephanie Richardson, 2325 Basswood Drive, Augusta Georgia
30906.
Mr. Thomas: In 2010 my mother she decided to take care of her elderly husband, my
father, who’s right behind me. He was diagnosed with a number of issues, medical issues. In the
process she decided to close the restaurant so that she can care for him but she had no idea that
she would not be able to open the restaurant up again. So the hiatus that she took to care for him
it was several years, I stepped in. She removed herself from the deed, keeping him on the deed
and myself so that we can open it up again when he got better. I didn’t know until I went to
ascertain the permits that it was rezoned and this was a shock to my Mom because I was told that
I could not proceed to open it up as a business. I’m here before the committee today because I
don’t know if I can present this but I was told by the Department of Planning and Development
by Kevin Boyd that it was rezoned. And by him telling me that I began to pursue alternative
opportunities to maybe get before you guys and discuss our hardship. I had went to register the
place, I got my LLC for that particular location and when I explained it to my Mom she went
down they had told her that it has to be rezoned. So I’m here just throwing myself at the mercy
of the Commission and hopefully I can have this situation resolved. And like I said earlier my
father is still on the deed.
Ms. Richardson: Good afternoon, Commissioners. I just wanted to say and share briefly
that my brother and my Dad they’re still on the paperwork of the property. I didn’t understand
why he didn’t qualify for like being grandfathered in because the place has been open since 2001
and it’s still you know my parents have it. And no one has been removed so I didn’t understand.
Basically hopefully you can shed some light and the community needs a restaurant and they
enjoyed the food. So I have a lot of people that can also, they signed a petition as well if you
needed that.
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Ms. Thomas: I just want to say this right quick. I was there for 10 years operating daily.
The only day I closed was Sunday and I did it all, you know for its a lot of stuff but when my
husband got ill he had a serious illness and I couldn’t take care of him and run with his
treatments and all that stuff at one time so I had to give up one thing and this is I’m asking ya’ll
because this is our livelihood and that’s what I wanted to say.
Mr. Mayor: Thank you. If you would, Mr. Thomas, if you’ll that information that you
have with you share that with Attorney MacKenzie here. If you’ll give that to him and let him
take a look at that as it relates to the rezoning. The Chair recognizes the Commissioner from the
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1 Commissioner Fennoy.
Mr. Fennoy: Yes, what was the name of your restaurant?
Ms. Thomas: Hallelujah.
Mr. Fennoy: That’s right there across the street from the monument place?
Ms. Thomas: Yes, sir.
Mr. Fennoy: I’ve eaten there and I was wondering what happened to ya’ll because ya’ll
had some good food. In a way I’m kind of glad you closed up for a little while because no
telling how big I’d be if you’d sent it out. But, yeah, ya’ll had some real good food and we need
a restaurant where we can get some good soul food and we’ll see what we can do.
Ms. Thomas: Yes sir, thank you.
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Mr. Mayor: The Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor, can we listen to somebody from Planning and
Zoning because I know if the property changes hands the ruling stays the same if it’s a business,
residential so I cannot imagine what opted this government to change the zoning on this piece of
property.
Mr. Mayor: The Chair recognizes Paul DeCamp.
Mr. DeCamp: Mayor, Commissioners, this property has actually been zoned R-1C One-
family Residential for many years. And the particular restaurant of course has been there for a
number of years as well. It was legally nonconforming use of that property. Now the last
business license we have on record for that location and for that establishment dates from 2009
and under the zoning ordinance a legally nonconforming use, if it ceases to exist for a period of
two years or more, it loses that nonconforming status. So what that means is is that the only uses
that could go back in that location without rezoning would be those uses allowed in a single
family residential zone. And so that’s basically the situation, it’s lost its nonconforming status.
In order to reopen it as a restaurant or some other uses some other similar use, it would have to
be rezoned.
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Mr. Guilfoyle: Can I respond, Mr. Mayor?
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Mr. Mayor: The Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Paul, as far as the remedy for this problem ---
Mr. DeCamp: Right.
Mr. Guilfoyle: --- solution what would that be for them to come before Planning and
Zoning and have that property rezoned as ---
Mr. DeCamp: That’s correct ---
Mr. Guilfoyle: --- commercial?
Mr. DeCamp: --- we’d be more than happy to work with the family to achieve their
objective ---
Mr. Guilfoyle: All right and ---
Mr. DeCamp: --- guiding them through that process.
Mr. Guilfoyle: --- as far as a restaurant license there shouldn’t be any issue there because
I can’t imagine anybody would deny a good restaurant.
Mr. DeCamp: Well, it’s at an, near an intersection where at least partially it’s a
commercial use there.
Mr. Guilfoyle: Thank you, Paul.
Mr. Mayor: Paul, again your direction to us at this point is that the delegate could in fact
petition Planning and Development, Planning Commission for a rezoning which is what they do
at this time.
Mr. DeCamp: Right.
Mr. Mayor: Okay. The Chair recognizes the Dean of the Commission Commissioner
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from the 9.
Mr. M. Williams: Mr. Mayor, I agree with what I just heard but I’m not going to have a
problem with this family have to come before this body and somebody tells them it’s been
rezoned back to residential. Paul, I think somebody should have shared with him then that
maybe they were out of compliance as far as the time length but they ought to be told that if they
could’ve came to Planning and Zoning which would’ve saved them a whole lot of stress
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probably a whole lot of monies. And for what I’m hearing about signatures that’s a whole lot of
walking around. So I’m a little bit disappointed with why that wasn’t told in the beginning.
Mr. DeCamp: And, Commissioner, they did Mr. Thomas did come to our office on July
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10 and spoke with a staff member. And maybe along the course of this discussion there was
some sort of miscommunication or misunderstanding, but I don’t think there was any intent on
the part of the staff member to create a hardship for the family.
Mr. M. Williams: Well, Paul, if I can follow up, Mr. Mayor, I agree. I don’t think the
staff intentionally did that, Paul, but from what I found out Mr. Thomas has spent a lot of money
on materials to start renovations and start working. Even going to the point of buying bricks, had
them moved to the location they had to have them picked up and taken back because he couldn’t
you know he didn’t know what to do.
Mr. DeCamp: Right.
Mr. M. Williams: I say this all the time when we try to find a way not to do things versus
trying to find a way to do things so that’s my issue with this and I apologize to the family. I
think that when you go to Planning and Zoning if you don’t have anyone fighting the restaurant
from coming in I don’t think she’ll have no problem. This is something that happens every day
in this community. There’s people moving into areas that are not necessarily a business area but
they’re residential. If you meet the guidelines and you don’t have nobody fighting when I heard
that the city rezoned it to residential I said you know the city don’t do that. I mean that bothers
me when I heard that. I spoke with the Mayor about it, I spoke with the Administrator too just to
stress my opinion about it but since we know what to do now I think if we just take this business
and support it in every way we can to get it up and thriving. And from my understanding it’s
going to be a health food store, is that right, a restaurant now versus a health food restaurant?
Ms. Speaker: Yes.
Mr. M. Williams: Okay, okay. Mr. Mayor, that’s my comment.
Mr. Mayor: Thank you, Commissioner Williams. Paul, given the posture that the
family’s in and we know why it reverted back to the original zoning, what can we do to expedite
this process in assisting them to bring them back into the status that they need to operate the
restaurant?
Mr. DeCamp: We can get them on the agenda as soon as legally possible which at this
point in time wouldn’t be until the first Monday in September for the Planning Commission.
Mr. M. Williams: (inaudible), Mr. Mayor.
Mr. Mayor: Hold on a minute. We have to wait until September?
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Mr. DeCammp: That would be the, yeah, with regards to the legal requirements for the
Planning Commission meeting, yes, at this point in time. It’s past the deadline for the August
meeting.
Mr. Mayor: So we’ve established precedent that they were a restaurant before 2009, is
that not true?
Mr. DeCamp: That’s correct.
Mr. Mayor: And they would again simply refer back to that previous zoning
classification, is that not true, if they were approved?
Mr. DeCamp: Well, if based upon our records it was never zoned for a commercial use
that we can determine. As far back as we’ve got records, it was residentially zoned.
Mr. Mayor: But operating as a restaurant.
Mr. DeCamp: That’s correct.
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Mr. Mayor: The Chair recognizes the Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor. In that time operating without the proper zoning per
se, did we give them a license?
Mr. DeCamp: No, the last record, the last license we have on record was issued on
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September 9 in 2009 and expired on the last calendar day of that same year.
Mr. Hasan: From 2001 to 2008.
Mr. DeCamp: I would assume, I haven’t looked specifically but I would assume they had
businesses licenses every year.
Mr. Hasan: Mr. Mayor, my reason for asking that question is I think you pretty much
understand we’ve given them a license in the past to operate in that status and knowing that
they’re going to do that and knowing it’s going to cause them hardship to wait that long why
don’t we at least give them authority to go ahead and start making the renovations and those
kinds of things so in time I think this body’s willing to work with him and to if be supportive of
where they’re headed in this area. I’m very familiar with the area as well and we just need to do
something to try to rectify this because we’ve given them licenses in the past to operate a
restaurant. And I do understand why it happened because for two years it was not in
conformance so it reverted back I do understand that, but we ought to try to not make them wait
until September if possible, Mr. Mayor.
Mr. DeCamp: We’re more than happy as a department to work with the family to see if
there is a way to so they could go ahead and make some improvements if need be prior to the
consideration of a rezoning.
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Mr. Mayor: The Chair recognizes the distinguished attorney, Attorney MacKenzie. If
proper notice is given, can the Commission make the determination in advance of Planning
Commission?
Mr. MacKenzie: I would not recommend you do that as it would be inconsistent with the
requirements of due process.
Mr. Mayor: Thank you. The Chair recognizes Commissioner Williams, M. Williams.
Mr. M. Williams: Mr. Mayor, I’ve got no problem with anything Paul said but the fact is
that there’s some work to be done and if they’ve got to wait until they’re approved and then start
that work that’s going to put them further and further behind. Now if there is some work to be
done, how can we give them the go ahead to do that work that needs to be done so they won’t
have to be at least standing there waiting once this is approved through Planning and Zoning.
And I guess if someone can help me out with that can we give the authorization I guess through
License and Inspection, Rob Sherman, someone to have them to go ahead and do whatever
work?
Mr. Mayor: The Chair recognizes Rob Sherman, License and Inspections.
Mr. Sherman: Yes, sir, they can go ahead and apply for the building permits. Now of
course it is a commercial structure with commercial use they’ll have to have a general contractor
take out the permits depending on what they’re going to be doing. If it’s structural or electrical
or plumbing or HVAC they have to have a licensed contractor they can go ahead and take out the
permits, do the work with the understanding that’s it’s subject to you of course approving the
rezoning when that comes before you so that they can use it the way they want to use it. So, yes,
they can get a start on the permit.
Mr. M. Williams: Mr. Mayor, can I ---
Mr. Mayor: Go ahead.
Mr. M. Williams: --- thank you, Rob, and I appreciate that. I think that would at least
help with the delay that they had from the information that they got. I think that would help
them and they’re here now they can see for themselves. I don’t need to speak for them but I’d
just like for us to try to promote and help those who are trying to do something. If that
building’s sitting there and Commissioner Hasan said he’s familiar with the area that’s the old
Clarence Williams corner that was there for many, many years. And there’s two probably
houses between that business and the business that’s been there for 200 years. So it’s been a
commercial and resident area for a long time, it’s not just something that we have to go into the
middle of a neighborhood and do. So it’s been there. So I’m just trying to find a way and I think
we’re on the road to try to get this resolved so we can get this family.
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Mr. Mayor: All right, I’m going to ask one question of the family again. Mr. Thomas,
you may want to answer this question or your mother. For this body can you speak to when
you’d like to try to open the business back up? If you’ll approach the podium.
Ms. Thomas: I was planning on trying to have it opened by next month. There’s work
that has to be stopped (inaudible) to get that stopped anytime until we find out what’s on.
Mr. Thomas: Not just that we were told to stop, Mayor. We was told by the department
of Planning and Development in which I do have a hard copy of the email that I can’t proceed
with any work on the premises until the zoning is completed. The deputy director I believe had
made that determination and no work is to be done inside or out and I have the information in
that folder.
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Mr. Mayor: The Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. Rob, as far as you said that are requiring a
general contractor. I think I know this is in another state, South Carolina, anything that’s less
than 5,000 square feet you are not required to have a general contractor. Why can’t they do the
work on their own since they own the building and they’re going to be doing the work
themselves not unless it involves I guess electrical, plumbing or heating and air ---
Mr. Sherman: Right ---
Mr. Guilfoyle: --- then they have to use a licensed contractor at that moment.
Mr. Sherman: --- right and I was asking Ms. Scott what is the extent of the work.
Mr. Guilfoyle: Right.
Mr. Sherman: So it may be that they can take the permit out if it’s just cosmetic then
they’d be able to do it themselves. But if it’s anything that’s regulated by the codes, the
electrical, plumbing, HVAC, they would have to have a licensed person to do that work. I just
really don’t know the extent of what the work is that they’ll be doing.
Mr. Guilfoyle: If we could do anything to help this family out, it’d be great.
Mr. Sherman: We’ll do it.
Mr. Mayor: So what I’d like to do Rob, Paul, at this time if you’ll take the family and
caucus outside. Let’s identify what we need to do in order to assist them getting their business
back up and running as quickly as possible. Again they came as a delegation to share what’s
going on, what the challenges are and that’s what I think is important. If you could work with
them outside and develop a plan of action in terms of how to get them back up and running
quickly.
Mr. Sherman: Right (inaudible).
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Mr. Mayor: Thank you. All right thank you. Family, if you’ll join them and they’ll
assist in helping get you back up to speed.
Ms. Thomas: Thank you, sir.
The Clerk:
DELEGATIONS
C. Ms. Jarita Holman
RE: Safety for Augusta’s children.
Ms. Holman: Hello, my name is Jarita Holman. My address is 5027 Sussex Drive,
Evans Georgia 30809. I requested to be here today in reference to some issues that we’ve been
having with keeping Augusta’s children safe. For the past ten years I work for the Department of
Family and Children Services and fairly did my job fairly well. The last couple of years have
been pretty rough in trying to keep Augusta’s children safe because of not being able to do our
job efficiently and in an effective manner. As you can see in your packets that I submitted that
there are several complaints of supervisors, case managers being instructed to leave children,
place children in unsafe situations. As you can see we’ve gone to the OIG, we’ve gone to OCA
we’ve gone to EEOC, we’ve gone to the governor’s office, we’ve gone to just about every office
in the state offices that you can go to get our concerns heard because we’re not able to do our job
and keep the children safe here. There have been four child deaths in the last three months. All
four cases had DFACS history previous history within the last couple of months with those
children dying. This was an issue that was going on before Ms. Richards, Judy Richards came to
Richmond County. We tried to push back against that but we were not successful. The child
death rate in Columbia County which you had was so enormous and I actually went to Atlanta,
spoke with the Office of Child Advocacy Ashley Wilcox and her words to me was that that was
just unheard of. She asked a few other questions and I explained to her that when Bobby Cagle
came on to Interim Director of DFACS he sent out a letter stating that if you had any concerns if
you knew of any children that were unsafe to give me a call on my Blackberry or send me an
email. The letter went out the very next day saying these children are unsafe and these cases
need to be reopened and revisited. Not one case was reopened, not one case was revisited. As
you can see in those letters there are unsafe children now as we speak and no one cares, no one
wants to listen and no one wants to get involved and that’s why I’m here before you today to
assist me where can I go what can I do because as you can see with the emails, the
correspondence with every office in Atlanta nobody wants to budge. We’ve talked about
discrimination, we’ve talked about unfair policy violations. We’ve talked about unethical
practices, we’ve talked about just about everything we could talk about in trying to make sure
that we can do our job like we’re supposed and nobody will listen that we are not being able to
deprive children place children where they need to be because of the leadership here in Region 7.
Region 7 has one of the most highest child death rates in the state of Georgia and it’s because we
can’t do our job as we need to do it. The emails will show you the last straw for me was that I
was instructed to put a 14 year old in a hotel with his Mom and his siblings. After law
enforcement and the therapist told me that he was going to kill his Mom, he had already made
two attempts on his Mom like put ten stitches in her head and held scissors to her neck. And I
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was told to put him in a hotel with his Mom and his siblings after he had broke his sister’s arm,
he broke his brother’s arm, threw the dog through the window and I was instructed by the
director to put him in a hotel. You have the emails there, you have the correspondence I don’t
know what else to do. I don’t know what to tell the case worker because I left there in October
after that last confrontation with the director. I see Ms. (unintelligible) is sitting here today Ms.
Lillian (unintelligible) and she is the Regional Director of Richmond County and she’s one of the
people that I personally went to and I told her that I wasn’t going to continue to choose between
doing what I know was right in trying to keep the children safe and being insubordinate to the
director. I was always going to choose to do the right thing when it came to trying to keep
children safe. I have friend that lived off of Alpine Drive. Several phone calls to me about the
children that were being, that were in that house tied up the last time DFACS came out there.
Several phone calls to me in the middle of the night saying these children are here alone. And I
told her each time to call DFACS, call law enforcement, I no longer work there. She
continuously called me. These children are there, I’ve given you list of names of the cases, no
one wants to go out and get involved. I’ve told them that they were having transferable custody
to people that shouldn’t have custody of children. You have the picture of a lady that custody
was transferred to by a judge and that child’s sibling has been found walking down the street.
It’s sad that that child died because of a judge transferred custody to a lady who had more history
and drug history than the mother. And as you can see by her picture she did not need that child.
And now that child’s dead because she got out of the house and she drowned in a pool a half of a
mile from the house. And so now you have the sibling of that child 18 months old and that child
was found wandering down the streets twice. Two phone calls to DFACS, twice that he was
found wandering down the street. DFACS made both of those cases diversions which is five days
to get out there and check on that child. Mind you the mother never completed her drug
treatment plan, she never did anything she was supposed to and she still has that child today. I
don’t know what happened to that child. No one will listen that these children are here. I hear
these cases around here. I’ve gone to the juvenile courts they asked me what can they do to help
me. I don’t know what to tell them so that’s why I’m here today what can I do because you can
see OIG, OCA, state office, everybody’s tag teamed together to corroborate against the people
who are trying to do the right thing.
Mr. Mayor: Thank you, Ms. Holman ---
Ms. Holman: I’m sorry.
Mr. Mayor: --- you will suspend your time has expired.
Ms. Holman: Okay.
Mr. Mayor: Your time has expired. Ms. Holman, are you aware that the DFACS the
Department of Family and Children Services is a state agency?
Ms. Holman: I am aware of that.
Mr. Mayor: Are you also aware that they are outside of our jurisdiction?
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Ms. Holman: I understand that.
Mr. Mayor: It is a very serious matter. It is a matter that certainly has gone on for a
number of years. I think the state of Georgia has tried to make amends as it relates to child
protective services and the plan. There was a meeting that took place last year here in Richmond
County addressing this very issue that you may very well be aware of between the jurisdictions
and Region 7 Columbia County, Burke, Richmond et cetera. But it is outside of our purview, not
to suggest that this local government does not care about our children. That is why you brought
that matter to us today. Outside of us contacting the Governor’s office and/or Commissioner
Bobby Cagle that matter again would be handled at a state level. I certainly am prepared to
inquire of Commissioner Cagle about what you’ve raised with us but in terms of our ability to
affect an action outside or raising the level of awareness particularly in Region 7 our hands are
tied at that point.
Ms. Holman: Okay.
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Mr. Mayor: Okay? The Chair recognizes the Commissioner from the 1 and then the
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Commissioner from the 5th Commissioner from the 1.
Mr. Fennoy: You just explained what I was going (inaudible).
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Mr. Mayor: Okay. The Chair recognizes the Commissioner from the 5 Commissioner
Lockett.
Mr. Lockett: Thank you, Mr. Chairman. Ms. Holman, I just wanted to commend you.
Many people just in order to keep a job will look the other way. But I’m so appreciative of what
you said and I fully concur with the Mayor said about jurisdiction. But I do believe that we have
the media present today and I hope that tonight on the news or tomorrow when I read my
newspaper that I’m going to see something in there about that because I think the good people of
Augusta Richmond County should be made aware of what’s going on in our community. And I
think if we put forth a collective effort even though we the Commission doesn’t have jurisdiction
that something of a positive nature can be done. And thank you so very much for being here
today.
Ms. Holman: If I may speak? Just so you know we’ve tried that option as well. We’ve
gone to 12 on your side, we’ve gone to the AJC we’ve gone to, they block every channel, they
block every door. This is a, we’re dealing with some people here who don’t want things to be
exposed and they’ve blocked everything.
Mr. Mayor: Thank you, Ms. Holman, for your time.
Ms. Holman: Okay.
Mr. Mayor: Thank you so much.
Ms. Holman: Thank you.
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The Clerk:
DELEGATIONS
D. Mr. Al M. Gray
RE: A contract with Augustans before the SPLOST vote.
Mr. Mayor: The Chair recognizes Mr. Al Gray. You have five minutes and if you’ll
state for us your name and your address.
Mr. Gray: I’m Al Gray of 2573 Salem Church Road in Lincolnton, Georgia. Mayor
Davis, members of the Commission, Administrator Jackson thank you for allowing me to speak
today. In May 2014 I stood before this body holding up this Holy SPLOST Bucket warning that
the Penny Sales Tax Program was so full of leaks, faults and holes the voters would rebel and
rebel they did sending SPLOST 7A down to defeat. You vowed simplicity in SPLOST 7B but
voters still see gaping holes, worse, they cannot find they cannot afford the renewal of this tax.
The people are being financially crushed. Zillow, the real estate website, shows that 30% of the
homes here are under water versus the loans on them. A Harvard study of rent affordability, a
recent one, shows Augusta rents exceeding 50% of incomes. Finally the Chatwood index of real
world inflation shows that price increases are running better than 10%, a rate that doubles living
costs every seven years. Four years ago I became the nucleus of a ban of activists who rock this
city with revelations based upon research. Augusta was saved at least $4 million dollars in the
process of reforming and cutting seven major initiatives of its government. While my
involvement grew to a lot more than planned an excess of $350,000 dollars at my old
preretirement billing rates I never submitted a bill. What happened held such promise that the
original goal of honing skills gave way to greater things. The Commission then took the facts
presented in greatly modified those initiatives things that were in the can done deals. For the
people double digits are now the key that I was referring to earlier. The 20% property tax
increase drained households and now there’s a 12.5% tax decrease bounty to be had by these
households by rejecting the tax. Like your predecessors you have a virtual technologically
advanced can opener before you. The timing’s right to build on our innovative effort from
before. You have new Administrators learning this city’s operations. Systematic financial
controls which were absent on large capital projects are unlikely to have been developed yet.
Augusta will go to SPLOST 7A or 7B rather and stormwater programs as unprepared as it was
for the last SPLOST. Here’s my plan and proposal to you. Researched base articles many of
which center on Augusta will be posted on the Gray Nation.com blog that will target the public
and county officials across Georgia, all 159 counties. As it stands now that might hurt Augusta
something I really don’t want. If we strategically collaborate that doesn’t have to be the case.
An invoice from my firm Cost Recovery Works Inc. in the sum of $145,000 dollars representing
a tiny fraction of the savings Augusta has enjoyed will be presented to Augusta with the
expectation that this body would approve it. Then we would progress on the basis of pay as you
go. Payments proceeds in this initial payment will be used to research, document and advance
quantifiable benefits for Augusta. As a new area review is complete Cost Recovery Works will
invoice Augusta on the basis of the lesser the lesser now of 40% of the recovery or $2,020
dollars an hour. The Commission will have the option to approve payment where upon the work
will continue or reject payment terminating any further work. Let’s make Augusta’s government
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a point of pride that others will travel here to study. County Administrators, the new ones here,
participation in this program will enhance your marketability if you decide to go somewhere else
and it will greatly increase your value to the people of Augusta. Mayor Davis, the Office of the
Mayor is perfectly positioned to use knowledge power to ramrod Augusta forward throwing off
the shackles of the past on the way to a very bright tomorrow. You have this can opener. Use it.
Thank you, gentlemen.
Mr. Mayor: And lady.
Mr. Gray: And lady, thank you.
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Mr. Mayor: Thank you. The Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Mr. Gray.
Mr. Gray: Yes, sir.
Mr. Guilfoyle: That’s a lot of words in five minutes, sir. Give me your specialty, what
do you specialize in.
Mr. Gray: Everything and nothing.
Mr. Guilfoyle: No, but as far as contracts.
Mr. Gray: Well, in terms of contracts my approach and I wasn’t being facetious when I
said that but what I found in the past I was always in the position of being the person that all
these different disciplines law, engineering, tax, all the different disciplines that were in a
company would have to come to it and I have to authorize payment and do an audit on it. So I
got, I found that it was beneficial to get into considerable debt in each one of those different
areas. So when I approach a project it’s on the basis of what the contract says, not what went
before, not anything outside of that particular environment. It includes everything that’s in that
environment and in this case you know a contractor a subcontractor, the engineering, just the
whole range of efforts that go into making the project.
Mr. Guilfoyle: And you was talking about working in collaboration with the organization
Augusta Richmond County. What can you bring to the table? Your specialty is to look to find
faults, to find lost money and what are the proceeds you expected to get a percentage and the
Augusta Richmond County gets the bigger percentage. Is this correct?
Mr. Gray: That’s correct.
Mr. Guilfoyle: And if you don’t find nothing, we don’t pay nothing?
Mr. Gray: That’s exactly right but and I think that the other 159 counties we get to
explore what potentially went wrong, what the control situation was, what happened in response
to it and it’s a learning experience for everybody in Augusta Richmond County and beyond.
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Mr. Guilfoyle: So what you could bring to the table for Augusta Richmond County is
what in a nutshell?
Mr. Gray: Well, what we brought before, what I brought before. In standing not in this
chamber but its predecessors down you know I guess upstairs just a tremendous amount of
analysis of you regulations your contracts in-depth with particular emphasis on looking for ways
to save your money.
Mr. Guilfoyle: Mr. Mayor, I wouldn’t hesitate to see if the Administrator naturally it’s a
decision of the body to see if Mr. Gray and Ms. Jackson could speak together, informal to see if
he has anything to bring to the table.
Mr. Mayor: Thank you, Commissioner. The Chair recognizes the Commissioner from
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the 5.
Mr. Lockett: Thank you, Mr. Chairman. Mr. Gray, I want to thank you again for the
support you have given me over the years to try and intercept some of these inappropriate things
that we try to do in this governing body. I definitely respect your expertise and I do believe that
you could be a definite asset to this government. So I would be very supportive if something
could be worked out where you could put your hawk eye to work on our behalf. Thank you so
very much. Thank you, Mr. Chairman.
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Mr. Mayor: The Chair recognizes the Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor. I also am familiar with Mr. Al Gray but the
audience may not be. He’s been able to deliver on pretty much on everything he said on many
projects. The city did have prior to me becoming a Commissioner but just the same I’m sitting
here as a Commissioner now so just the same accept responsibility for that’s happened
previously. And in many incidences they did have to go back and readjust and took advantage of
some of the opportunities that he put before them and the city did save tons of dollars. So in that
regard in terms of what Commissioner Wayne Guilfoyle had said and Commissioner Lockett had
said in terms of what the Administrator for his suggestion is Ms. Jackson and her team approve
or if there’s something that could be done to utilize your skill set I would not hesitate I would be
supportive of this as well. Thank you, Mr. Mayor.
Mr. Mayor: Thank you, Mr. Gray.
Mr. Gray: Thank you, gentlemen and lady.
Mr. Lockett: Mr. Chair, do we keep the can opener?
Mr. Mayor: Sure, here it is. All right before we move on, Madam Clerk, I do want to
mention a few things. To all of our fine citizens there is a telephone town hall that will be taking
place on this evening at 7:00. Many of you have gotten a call in reference to that. The second
item I want to mention is something that we as a city government are partnering with our school
15
and a number of the community stakeholders to include Mr. James O’Neill from Allstate,
Leadership Augusta. At the state level the Department of Juvenile Justice and we would love for
all of the employees of Augusta Richmond County and our Commissioners to join us in this
effort of collecting school supplies and taking those to the locations as indicated on the website.
There are a number of locations in and around Augusta and certainly in this building. If there is
a way as Ms. Holman has indicated we need to care about our children. This is certainly one of
the ways that we in our partnership with Dr. Pringle and the school system can demonstrate our
support. What will happen is those items will be collected and then given to Dr. Pringle so that
in her wisdom she can distribute those to the most needy of our students in Augusta Richmond
County and what a fine way for us to collaborate and come together and do that. At this time,
Madam Clerk, we will move on to the consent agenda.
The Clerk: Our consent agenda consists of items 1-12. And under the Planning portion
of the agenda I’ll read those Planning petitions and if there’s anyone here who has an objection
would you please signify your objection by raising your hand.
Item 1: Is a request for concurrence with the Planning Commission to approve with
conditions a petition for a Special Exception to utilize an existing residential structure for church
related activities for a church located at 3416 Middleton Drive. And this affects property known
as 120 Davant Road.
Item 2: Is a request for concurrence with the Planning Commission to approve with
conditions a petition for a change of zoning from Zone LI (Light Industry) to Zone HI (Heavy
Industry) for the purpose of establishing a recycling facility and no other uses permitted in the HI
Zone that affects property located at 1217 New Savannah Road.
Item 3: Is a request for concurrence with the Planning Commission to approve with
conditions a petition for a Special Exception to establish a metal and plastic recycling facility in
an HI (Heavy Industry) Zone for property located at 1217 New Savannah Road.
Item 4: Is a request for concurrence with the Planning Commission to approve with
conditions a request for a change of zoning from Zone R-1A (One-family Residential) to Zone
B-2 (General Business) on property located at 2113 Lumpkin Road.
The Clerk: Are there any objectors to any of these Planning petitions? I don’t see any,
Mr. Mayor.
Mr. Mayor: At this time the Chair will entertain any motions to add to the consent
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agenda or pull from the consent agenda. The Chair recognizes the Commissioner from the 9
Commissioner M. Williams.
Mr. Williams: Thank you, Mr. Mayor. I’ve got a couple here I’d like to pull items 2, 3,
4, 5 and 6 Mr. Mayor and I’ve got a question about item 9 2, 3, 4, 5 and 6 and a question about 9.
Mr. Mayor: Okay, all right here’s what I’d like to do. Since you’ve just got a question
about number 9 that question may get answered and it can remain on the consent agenda. Would
you agree with that?
Mr. M. Williams: Yes, sir.
16
Mr. Mayor: All right. The Chair recognizes the Engineering Director Mr. Ladson. Yes,
Commissioner Williams.
Mr. M. Williams: Thank you. Mr. Ladson, my question is the name or this Central
Georgia Railroad and there may not be nothing in a name but being just a little bit familiar with
those it kind of caught my eye when it said Central Georgia Railroad. Is that off of Marvin
Griffin Road?
Mr. Ladson: Yes, sir.
Mr. M. Williams: Is that the right name or is that the Norfolk Southern?
Mr. Ladson: We normally call it Norfolk Southern but what they have on their contracts
is this particular name right here.
Mr. M. Williams: Okay, if that’s the right name I just didn’t want to approve something
and the name somebody says what’s in a name a lot if it’s the wrong name. I wanted to make
sure. I know the old Georgia Railroad went out of business when Wayne Guilfoyle came to
town probably 20 years ago and they merged with the CSX and then one time it was called the
Family Line. Don’t ask me how I got all that history but I do have it. And when I saw the
Central Georgia and I saw Marvin Griffin Road it just kind of caught my attention to that. I’ve
got no problem leaving it the way it is, Mr. Mayor.
Mr. Mayor: Thank you, Commissioner. Any other motions to add or pull from the
consent agenda?
Mr. Sias: Move to approve.
Mr. Hasan: Second.
CONSENT AGENDA
PLANNING
1. Z-15-26 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the conditions stated below a petition by Ahmad N. Gill, on behalf of the
Islamic Society of Augusta, requesting a Special Exception to utilize an existing residential
structure for church related activities for a church located at 3416 Middleton Drive per
Section 26-1(a) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting
property containing .62 acres and known as 120 Davant Road. Tax Map 010-0-018-00-0
DISTRICT 7 1. Limit Uses to incidental religious services and small-scaled similar
institutional uses. S. Submit written assurance that the parking lot on the mosque property
will be open to clients using the property. 3. Improve the existing parking onsite to include
proper ingress and egress, the building and parking area must comply with ADA
standards.
FINANCE
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7. Motion to approve the transfer of Surplus City Owned property, located at 4924 Old
Waynesboro Road, to sell to potential buyer. (Approved by Finance Committee July 14,
2015)
ENGINEERING SERVICES
8. Motion to authorize condemnation to acquire title of a portion of property for right of
way, permanent easement, temporary easement for construction, and temporary driveway
easement (Parcel 041-0-018-04-0) 3449 Wrightsboro Road. (Approved by Engineering
Services Committee July 14, 2015)
9. Motion to authorize Augusta Engineering Department (AED) to enter into an agreement
with Central Georgia Railroad Company (Railway) for roadway and drainage
improvements within the Railway right of way as part of the Marvin Griffin Road
Improvements project. Also, authorize payments to the Railway as requested by the
Railway and approve the required funds to i) Secure Railroad Protective Liability
Insurance, General Liability Insurance, and Railroad Protective Liability Insurance issued
by the Railway and/or approved Insurance Company, and ii) Reimburse the Railway for
Engineering work as requested by AED) (Approved by Engineering Services Committee
July 14, 2015)
10. Motion to approve tasking the Environmental Services Director with drafting an
appropriate ordinance as recommended concerning the public notice period regarding the
cutting of vacant lots and bring it back to the next committee meeting for review.
(Approved by Engineering Services Committee July 14, 2015)
11. Motion to approve and authorize supplemental reimbursement to Georgia
Transmission Corp (GTC) in amount of $136,552.00 for the cost to relocate their
transmission facilities to resolve roadway construction conflicts reference the Construction
Project to Improve Windsor Spring Road Phase IV, (Willis Foreman Road to Tobacco
Road). Also, approve modifying the Utility Relocation Agreement between GTC and the
City of Augusta from $950,035.57 to $1,086,587.50 as requested by Augusta Engineering
Department. (Approved by Engineering Services Committee July 14, 2015)
PETITIONS AND COMMUNICATIONS
12. Motion to approve the minutes of the regular commission meeting held on July 7, 2015
and the special called commission meeting held on July 14, 2015)
Mr. Mayor: We have a motion and a second. Voting.
Motion Passes 10-0. [Items 1, 7-12]
Mr. Mayor: Madam Clerk, Item 2.
The Clerk:
PLANNING
2. Z-15-27 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the conditions stated below a petition by James B. Trotter, on behalf of
Whitestar Holdings, LLC, requesting a change of zoning from Zone LI (Light Industry) to
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Zone HI (Heavy Industry) for the purpose of establishing a recycling facility and no other
uses permitted in the HI Zone affecting property containing 3.90 acres and known as 1217
New Savannah Road. Tax Map 059-0-002-00-0 DISTRICT 1 1. The HI uses shall be
limited to recycling related used and uses allowed in the LI zone. This would include
storage, sorting, collecting, baling and processing of rags, paper, metal, or to other items no
usable in its current state. 2. Enclose the entire property with a solid board fence or solid
wall that is at least six (6) feet tall per Section 24-2(a) (16) of the Comprehensive Zoning
Ordinance. 3. Parking lot and security lighting must be directed away from nearby
residential properties. 4. Clean up of the site must be completed and approved by Code
Enforcement before a Certificate of Occupancy will be issued.
3. Z-15-28 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the conditions stated below a petition by James B. Trotter, on behalf of
Whitestar Holdings, LLC, requesting a Special Exception to establish a metal and plastic
recycling facility in an HI (Heavy Industry) Zone per Section 24-2(a) (16) of the
Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 3.90
acres and known as 1217 New Savannah Road. Tax Map 059-0-002-00-0 DISTRICT 1 1.
The HI uses shall be limited to recycling related uses and uses allowed in the LI zone. This
would include storage, sorting, collecting, baling and processing of rags, paper, metal or to
other items not usable in its current state. 2. Enclose the entire property with a solid board
fence or solid wall that is at least six (6) feet tall per Section 24-2(a) (16) of the
Comprehensive Zoning Ordinance. 3. Parking lot and security lighting must be directed
away from nearby residential properties. 4. Clean up of the site must be completed and
approved by Code Enforcement before a Certificate of Occupancy will be issued.
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Mr. Mayor: The Chair recognizes the Commissioner from the 9 and Paul DeCamp.
Mr. M. Williams: Thank you, Mr. Mayor. My question about this is being zoned from
Light Industry to Heavy Industry. It’s already heavy there, Paul. I’m trying to figure out how
changing this is going to be beneficial to the community. It’s already Heavy Industry in that area
now and I think the next item says they want to do the same thing and keep it light industry. So
if they’re going to do that why are we changing it it’s already operating Heavy Industry.
Mr. DeCamp: Well, the requested use requires a Special Exception in a Heavy Industrial
Zone so the applicant had per our protocol has submitted two separate applications one to rezone
the property for Light Industry to Heavy Industry and then secondly the Special Exception which
is agenda item number three requesting a Special Exception for this particular use recycling
facility.
Mr. M. Williams: And I get that but what I don’t get it if they’re already using it now
Heavy Industry, that’s the old Con Agra Plant and then it was a recycle plant. The neighbors in
that side have been having to deal with that for quite some time. If we zone it Heavy Industry
and they’re already using it heavy what where are we going to stop at? What’s going to come
in?
Mr. DeCamp: The only requested Heavy Industry use is this recycling facility. And the
condition is that it would be limited to, if approved, it would be limited only to that use and the
19
only other permitted uses would be those that are listed in the Light Industry section of the
zoning ordinance. It wouldn’t permit any other type of heavy industrial use.
Mr. M. Williams: But both of your addresses two and three are the same ---
Mr. DeCamp: That’s correct.
Mr. M. Williams: --- as well as 17 so we’re talking about one piece of property we got
two issues but we’ve got one piece of property.
Mr. DeCamp: Right.
Mr. M. Williams: And Item 3 says that they’re going to use it in Light Industry but we’re
going to be changing it to Heavy Industry. Do you understand why I’m questioning it, Paul,
because if it’s Heavy Industry now and it’s really zoned light if we go ahead and zone it heavy I
mean I don’t know where we’d able to stop them from bringing I mean ---
Mr. DeCamp: The only permitted use would be the proposed recycling facility or uses in
a Light Industry Zone. None of the other permitted uses under heavy industrial zoning would be
allowed at that location.
Mr. M. Williams: Have they violated some rule or law or ordinance and they had to be
forced to come to us to get it changed because it’s already heavy now. We this is old recycling
where they take cars and trucks and all kind of equipment over there. They got a big machine to
crush stuff I mean it’s already Heavy Industry and I’m thinking if we approve that then what else
can they bring?
Mr. DeCamp: Well, I don’t know if the applicant is here or not. He might be able to
answer you, the question specifically.
Mr. M. Williams: Okay.
Mr. Mayor: If you’ll state for the record your name and who you are, sir.
Mr. Trotter: Bill Trotter, 3527 Walton Way, Augusta, appearing on behalf of the
applicant. Mr. Williams, the use that we are seeking for this particular piece of property is
different from the recycling use that has been used in the past. Specifically the purpose is now or
the requested purpose is to recycle electronics, vacuum cleaners, televisions, computers and
other things that are no longer used along with plastics. And those items when they’re recycled
will be shipped from Augusta to Atlanta. The net effect of all of this is to take about 120,000
tons of material per month away from the current landfill instead of being disposed of in the
landfill. So we will not recycle automobiles or John Deere parts and other things that have been
used at this location before. And the reason I think as staff representative pointed out the reason
for the change is that the ordinance requires it we have Heavy Industrial but with a Special
Exception for this particular use. And the only use we seek to make of this property is this use as
a recycling facility for electronics and plastic and paper.
20
Mr. M. Williams: So it is an ordinance a necessary ordinance change that you need to
have in order to because it’s Light Industry now with heavy stuff there. But you’re going to
really be doing Light Industry stuff, is that right?
Mr. Trotter: That is correct. Well I think it’s a Light Industrial and I defer to the staff on
this. I think it’s a Light Industrial use but it requires the zoning for Heavy Industrial. It’s a quirk
in the ordinance as I ---
Mr. DeCamp: Right.
Mr. M. Williams: Okay, Mr. Mayor, I’ve got no problem I, it bothered me knowing what
Heavy Industry is and them saying they’re going to use it for Light Industry but you’re going to
be zoned Heavy Industry. It didn’t make good sense just to me.
Mr. Trotter: Well, and I agree it’s just the way the ordinance is written and so we’re
trying to comply with the ordinance as to this new use.
Mr. M. Williams: And that was my question to Mr. DeCamp was there a violation of the
ordinance that needed to be complied with. The other Commissioner understood that and I’m
sorry I did get on the bus a little late so I took me a little while but I got it now.
Mr. Trotter: And I think another fact that can be pointed out too is that the deplorable
condition the mess that this property was in has been cleaned up. The tenant left it that way the
owner cleaned it up and now the owner want to use it for this particular purpose only electronics
and paper, plastic and so forth.
Mr. M. Williams: So moved, Mr. Mayor, on Items 2 and 3 since they are
companion.
Ms Davis: Second.
Mr. Mayor: We’ve got a motion and a second. Voting.
Motion Passes 10-0.
Mr. Mayor: Item 3, Madam Clerk.
The Clerk: Item 4?
Mr. Mayor: Okay, well, did we vote on 2 and 3 at the same time?
Mr. M. Williams: They were companion, Mr. Mayor.
Mr. Mayor: Okay, that was your motion?
21
Mr. M. Williams: Yes.
Mr. Mayor: Thank you.
The Clerk:
PLANNING
4. Z-15-29 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the conditions stated below a petition by Robert I. Nestor, on behalf of
Brothersville Development Corp., requesting a change of zoning from Zone R-1A (One-
family Residential) to Zone B-2 (General Business) affecting property containing .92 acres
and known as 2113 Lumpkin Road. Tax Map 110-1-014-00-0 DISTRICT 2 1. Installation
of six foot solid fence and a row of LeLand Cyprus or similar plant species along the
property line of the adjacent residential use. 2. Parking lot and security lighting must be
directed away from the residential properties located to the south of the subject property.
3. Reconfigure the driveway to provide for proper ingress and egress.
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Mr. Mayor, this one also caught my attention because of the change in
this zoning as well. I think that the, it’s a residence this piece of property is that right?
Mr. Mayor: That is correct.
Mr. M. Williams: And it’s got to have lights and all of the other stuff, Paul. Can you
explain some of that to me?
Mr. DeCamp: Well, this is a property currently zoned Single Family Residential. It has a
it has multiple structures on the property including a residence, a former machine shop building,
a beauty shop and a couple of other smaller structures. It’s pretty clear that the mix of uses on
this particular lot predate probably predate the enactment of the local zoning ordinance. The
applicant merely wants to establish a, is requesting the change in zoning to establish either a
machine shop or a wood shop in the largest building that’s located on the property. This
particular piece of property is of course with the exception of a multi-family apartment complex
next door to it is in immediate proximity to the commercial known if you will as Lumpkin Road
and Peach Orchard Road. They’re virtually commercial uses on the other three sides of it except
for the Alleluia Community School.
Mr. M. Williams: And, Mr. Mayor, if I can follow up the installation of a 6-foot solid
fence and the reason it caught my attention again is we have an issue now out on Richmond Hill
Road in a residential area where someone took a commercial, took a lot and made a commercial
lot out of it and put a 6-foot fence around it. I had all kind of calls about it the District 2
Commissioner should have had some calls hisself where the community or the people was
complaining. Now we’re fixing to allow a 6-foot fence to be put up there on the other side of it
almost I mean not very far from this same location and when we do the spot zoning that we’re
22
doing like this around, Paul, not you or anybody else but I think we’ve got to be mindful about
how we’re doing it ---
Mr. DeCamp: Right.
Mr. M. Williams: --- and make sure that we stay in compliance. Now this young man
had to put up a hedge around it, he had to put up a 6-foot chain link fence then he had to put a
wooden privacy fence. Now the last time I drove through there he had a for sale sign on it trying
to sell the property now because all of the stuff that goes with that.
Mr. DeCamp: Right.
Mr. M. Williams: So would this all be done before they be allowed to go in there?
Mr. DeCamp: That’s correct. We would expect that the fence and the landscaping but we
put into the conditions would be in place.
Mr. M. Williams: The moving of the driveway over and all that should be done before.
Mr. DeCamp: Some type of improvement to the driveway, yes.
Mr. Mayor: All right.
Mr. M. Williams: Anybody ain’t got no questions but everybody’s signing off. I’m the
only on (inaudible).
Mr. Fennoy: Motion to approve.
Mr. Lockett: Second.
Mr. Mayor: We’ve got a motion and a second. Voting.
Mr. M. Williams abstains.
Mr. Sias out.
Motion Passes 8-0-1.
Mr. Mayor: You know if we were playing a game of basketball and we were at this
juncture in the game coach would probably say look alive, look alive. Ya’ll are looking a little
somber out there. Item number 5.
The Clerk:
PLANNING
5. ZA-R-238 – A request for concurrence with the Augusta Georgia Planning Commission
to approve a petition to amend Section 22-2(22) General Business – Permitted Uses –
23
Crematoriums and Section 26-1 (s) – Special Exception – Crematoriums by amending
permitted hours of operation.
Mr. Mayor: Before you say anything, Paul, Item 5 you may want to refer to your tabs
lady and gentlemen Item 5 there is the proposed language that is before us. You want to walk us
through it?
Mr. DeCamp: Yes, sorry. Yes, this particular amendment to the zoning ordinance is
related to cremation facilities. Apparently this was pulled after previously pulled after the first
reading because of some questions about the hours of operation. This particular version of the
proposed ordinance would amend the, well, would restrict calls for prohibiting the operation of
crematorium from 5:00 to 9:00 p.m. on weekdays and from 4:00 to 9:00 p.m. on weekends.
Other than those changes the ordinance is the same, the proposed ordinance is the same as what
was presented during the first reading. And that’s essentially the gist of the amendment. I’ll be
certainly try to answer any questions that you have.
Mr. M. Williams: So moved.
Mr. Frantom: Second.
Mr. Mayor: You’re good. We’ve got a motion and a second. Voting.
Motion Passes 10-0.
The Clerk: Item 6?
Mr. M. Williams: Seven.
Mr. Speaker: You said six.
Mr. M. Williams: Okay, I’m sorry, Nancy, but I had item seven circled I don’t know if I
said six. It was item seven that I wanted to address.
FINANCE
6. Motion to approve receiving as information financial reports for the period ended June
30, 2015. (Approved by Finance Committee July 14, 2015)
Mr. Sias: On Item 6 motion to approve.
Mr. Lockett: Second.
Motion Passes 10-0.
The Clerk: Seven?
Mr. Mayor: It’s already gone.
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The Clerk: Okay.
Mr. Mayor: It’s already gone. Item 13.
The Clerk:
PUBLIC SERVICES
13. New Ownership Application: A.N. 15-30: A request by Thomas J. Sparks for an on
premise consumption Liquor, Beer & Wine License to be used in connection with Snug
Steak and Grill located at 240 Davis Road. There will be Sunday Sales. District 7. Super
District 10.
Mr. Mayor: The Chair recognizes Rob Sherman.
Mr. Sparks: Your Honor, my name is Thomas J. Sparks, my address is 524 Farmington
Circle, Evans, Georgia 30809.
Mr. Sherman: Do we have any objectors to any of the alcohol applications? We have
none, Ms. Morawski. The Sheriff’s Department and Planning and Development recommend that
this application be approved.
Mr. Guilfoyle: So moved.
Ms. Davis: Second.
Mr. Mayor: Voting.
Motion Passes 10-0.
The Clerk:
PUBLIC SERVICES
14. New Application: A.N. 15-31: A request by Anthony King for an on premise Beer &
Wine License to be used in connection with Bistro 855 located at 855 Laney Walker Blvd.
District 1. Super District 9.
Mr. Mayor: The Chair recognizes Rob Sherman.
Mr. King: Anthony King, 2716 Bertram Road, Augusta, Georgia 30906.
Mr. Sherman: And also the Sheriff’s Department and Planning and Development
recommend that it be approved.
Mr. D. Williams: So moved.
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Mr. Fennoy: Second.
Mr. Mayor: We’ve got a motion to approve and a second. Voting.
Motion Passes 10-0.
The Clerk:
PUBLIC SERVICES
15. Consider a request from the CSRA Alliance for Fort Gordon regarding the
establishment of a Richmond County Tag Office on Fort Gordon. (Referred from July 7
Commission meeting)
Mr. Mayor: Okay, so all right, hold on just a moment. The Chair recognizes the
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Commissioner from the 6.
Mr. Hasan:. Mr. Mayor, I’d like to try to send this, let our
Thank you, Mr. Mayor
Tax Commissioner and our Administrator
get together and look at the feasibility of these
things before we hear a full presentation about it because there may be some necessary budget
adjustments. I was talking to the Tax Commissioner on a side bar, there will be additional staff
get together and discuss this issue first and then
and all those things involved so allow them to
bring it back at the appropriate time once they have their formal discussion. I’d like to put
that in the form of a motion.
Mr. Fennoy: Second.
Mr. Mayor: We’ve got a motion and a second to refer to committee.
Mr. Hasan: Sorry, Mr. Mayor, the Administrator and the Tax Commissioner to get
together and to bring it back at the appropriate time.
Mr. Mayor: Okay, the motion before us is for the Administrator and the Tax
Commissioner to meet and discuss the feasibility of this and to report back to the full body at a
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later time. The Chair recognizes the Commissioner from the 4.
Mr. Sias: I would like to ask my colleague if he would mind amending his motion to
include the CSRA Alliance in that discussion if that was part of the intent, the Fort Gordon
Alliance, I’m sorry.
Mr. Mayor: I think you were correct ---
Mr. Sias: The first time ---
Mr. Mayor: --- indicating the CSRA Alliance but ---
Mr. Sias: --- CSRA Alliance.
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Mr. Mayor: --- again I think that as the Commissioner from the 6 has indicated this is a
matter of internal import and the Tax Commissioner and the Administrator can meet and discuss
the feasibility of it at which point of time they will report to not only us but I’m sure along the
way they’ll communicate to the CSRA Alliance about Augusta’s posture. We have a motion and
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waiting on a second. I think that’s what the Commissioner from the 6 has indicated.
Mr. Sias: Well, if you don’t mind, Mr. Mayor, was that the deal?
Mr. Hasan: Yes, my thought process is that as they have their conversation at some point
in time before they come back to us they will sit down and talk with him but then he can have an
initial conversation I would think among themselves meaning the Administrator and the Tax
Commissioner and as they get then they would have an audience with him and end up back
before the Commission.
Mr. Sias: 10-4.
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Mr. Mayor: The Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Chairman. I don’t have a problem with my colleague’s
motion but I wish this would’ve been done at the last meeting because we wasted some time and
the Colonel has come down and sat patiently and now you’re going to kick him to the curb and
come back again. But it would’ve been better had this had this conversation last meeting but I
support the motion.
Mr. Mayor: I’ve got a motion and a second. Any further discussion? There being none
voting. State your inquiry.
Mr. G. Smith: What I’d like to ask is what time frame do we have in order for these folks
to get together and make a decision. I thought it was a great idea to have this tag office out there
to show our, you know, support for Fort Gordon especially with all these new folks coming in. I
really think we ought to do it the right way and but what kind of time frame are we talking
about?
Mr. Mayor: The Chair recognizes the Administrator.
Ms. Jackson: Sir, one of the issues here is it’s going to cost us a good bit of additional
money we believe to do this so we may be looking at implementation during the 2016 budget
year. In that case at some point during the budget process with the Tax Commissioners Office
budget recommended budget we will be putting that in. So it will probably be at least 60 to 75
days.
Mr. G. Smith: Do we have an idea where we might locate it out that way?
Ms. Jackson: No, and we have to work out all of that. They think they were actually
planning for it to be on post on a location that they are recommending but we have not checked
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out that location or anything like that so that’s all of what’s involved in what we have to do over
the next couple of months.
Mr. G. Smith: Okay.
Mr. Lockett: Mr. Chairman.
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Mr. Mayor: The Chair recognizes the Commissioner from the 5.
Mr. Lockett: I just wanted to attempt to ask a question that was just raised. On Fort
Gordon there is a location, it’s in the high rent district easy access for those employees to get on
and off post so, yes, they do have a location already for this. Thank you, Mr. Chairman.
Mr. Mayor: All right, we can finish voting.
Motion Passes 10-0.
PUBLIC SERVICES
16. Approve Change Order #1 to the McCarthey Improvement Company – Rehabilitate
Air Carrier & General Aviation Apron Project as approved by the Augusta Aviation
Commission at their May 28, 2015 Meeting.
Mr. Mayor: Good afternoon, I’m Clarence Fennell, Director of Engineering at the
Augusta Regional Airport. This particular change order was requested by the airport staff. It
was an opportunity for us to expand our construction limits and ease of access to the front of our
terminal. And also we eliminated two items that we thought were not priced the way we wanted
to. So the project itself is still under budget, this is within our budget so we have not exceeded
our budget.
Mr. Guilfoyle: So moved.
Mr. Lockett: Second.
Mr. Mayor: Suspend.
Mr. Sias: I don’t think they were recognized.
Mr. Mayor: That’s par for the course.
Mr. Sias: Do I get recognized, Mr. Mayor?
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Mr. Mayor: I want to do that. The Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, Mr. Mayor. And I wanted to say as a member of Ex-Officio
member of the Airport Commission I want to commend them for the great work they’re doing
out there and the scrutiny they do these projects before it gets to this body. And it would’ve been
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my motion to approve it but I’ll be happy to vote for it since it was a little ahead of the gun but
thank you.
Mr. Mayor: We have a motion and a second to approve the change order. At this time
we’re voting. Ms. Morawski, while they’re voting I’d like for item 21 to be on deck.
Motion Passes 10-0.
Mr. Fennell: Thank you.
Mr. Mayor: Thank you, sir.
The Clerk:
ENGINEERING SERVICES
21. Motion to approve an Aerial Easement between Augusta-Richmond County, Georgia
and the Board of Regents of the University System of Georgia regarding the construction of
a connector bridge structure over Laney Walker Blvd. (Requested by Commissioner Sias)
Mr. Sias: Mr. Mayor?
Mr. Mayor: All right.
Mr. Sias: Move to approve, Mr. Mayor.
Mr. Fennoy: Second.
Mr. Mayor: I didn’t recognize you yet.
Mr. Sias: (unintelligible) last time but I’ll be happy to wait for your permission, Mr.
Mayor.
Mr. Mayor: I’ll tell you I’d hate to be down range if ya’ll had weapons in your hand. All
right, Commissioner.
Mr. Sias: Thank you, sir, move to approve.
Mr. Mayor: I think there were some questions. I’ve got a motion and a second. The
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Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Yes, sir, Mr. Mayor, can someone explain what we’re voting on? I see
what the item says but maybe Commissioner Sias can enlighten.
Mr. Mayor: Well, I’m sure he could but I’m going to recognize the folks from GRU and
in particular Mr. Cedric Johnson.
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Mr. Johnson: Thank you, Mr. Mayor. Commissioner Williams, this is partly your idea.
About a year and a half ago you met with Dr. Azziz when we were talking about Laney Walker
and you said ya’ll should build over Laney Walker and this is what we are doing we’re getting
ready to build a Cancer Center over Laney Walker Boulevard.
Mr. M. Williams: Mr. Johnson, that just thrills me to know that somebody listened one
time.
Mr. Johnson: Yes, sir, one time.
Mr. M. Williams: One time. But and I’m certainly not opposed to this but you know we
talk constructing a bridge structure over that that didn’t tell me you were building a Cancer
Center. When I hear about the bridge I go back to the hotel they tell me everybody a crosswalk
so I was wanting to know is exactly I wasn’t opposed but what we were doing.
Mr. Johnson: We can actually show you a picture of it. If, you know it’s Harper Street,
the office is over Harper Street and right there it’s similar to that but we’ll show you a picture of
it.
Mr. M. Williams: Okay.
Ms. Smith: Is there a way that you guys can project HTMI cable from here. What button
do I push?
Mr. Mayor: And if you’ll state for the record your name please?
Ms. Smith: Yes sir my name is Jennifer Smith and I am the Assistant Vice President for
Planning, Design and Construction for Georgia Regents University. And up on the screen here
I’ll give you a little bit of reference. Here in the middle of the screen we have R.A Dent
Boulevard and Laney Walker Boulevard at that intersection. I’ve highlighted our existing
clinical building and our existing research building for our GRU Cancer Center. That is
important because what we are trying to do is bridge the distance between the researchers and the
clinicians and so we are working to create a more collaborate GRU Cancer Center between the
clinicians on one side of the street and the basic scientists on the other side of the street. And the
facilities will support our ‘C’ Care Program that we’ve been out in the community talking about
and we’ll put emphasis on new Phase I and two clinical trials. It has wet lab research, dry lab
offices and all sorts of collaboration space. And this is a three story building over the road at
levels 3, 4 and 5. And here is a proposed rendering of that from the street level view. We took
careful consideration in the design so that the building has two front doors both the side on R.A.
Dent and the side on the interior of the campus. Do you have any questions?
Mr. Mayor: Thank you for your presentation. The Chair recognizes the Commissioner
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from the 5.
Mr. Lockett: Thank you, Mr. Chairman. Would there be any cost to this government?
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Ms. Smith: No.
Mr. Lockett: Thank you.
Mr. Mayor: Great answer.
Mr. Lockett: Thank you.
Mr. Mayor: All right, we’ve got a ---
Mr. M. Williams: Motion to approve.
Mr. Mayor: --- motion to approve.
Mr. Fennoy: Second.
Mr. Mayor: Then go with it, let’s go with it. We’ve got a motion and a second to
approve. Voting.
Motion Passes 10-0.
Mr. Mayor: Item 17.
The Clerk:
PUBLIC SERVICES
17. Approve a request by the Planning & Development Department to purchase a record
storage system for the third floor Municipal building office location.
Mr. Sherman: Commissioner and Mayor, the, we currently have a Lektriver which is a
vertical file storage system at the office on Marvin Griffin Road. Back during the planning
stages for the renovation of this building it was not included because the system that we have
was working well at that time. But it is not working that great now it’s we found that’s it a little
over 20 years old. It’s built in at the office out on Marvin Griffin Road. It would cost roughly
$4,000 dollars to have it broken down and brought down here and put back together. We just
don’t think it’s going to last so we were requesting that you approve purchase of a new
Lektriever and the cost is $31,000 and it is budgeted as a capital acquisition.
Mr. Fennoy: Motion to approve.
Mr. Lockett: Second.
Mr. Mayor: We have a motion and a second to approve. Voting.
Motion Passes 10-0.
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Mr. Mayor: Item 19.
The Clerk:
PUBLIC SERVICES
19. Motion to approve new contract with current audio/visual service provide TSAV, for
the Augusta Judicial Center.
Mr. Mayor: If you’ll state your name and who you are.
Mr. Brooks: My name’s Shaun Brooks and I’m the Superior Court Administrator. And
we’re requesting the contract, the terms of the contract be extended to take advantage of a
significant cost decrease in the annual service cost to the, for service to AV system at the Judicial
Center which is utilized by all courts in house there on James Brown Boulevard. We recently
had a complete rewire and upgrade of the system which is in 16 of the courtrooms which came
through an RFP that was issued last year. With that being done we want to take advantage of the
cost difference with the new contract but it would extend the term back to five more years as
well as the original contract.
Mr. Guilfoyle: So moved.
Mr. Lockett: Second.
Mr. Mayor: We’ve got a motion (inaudible) I did. We’ve got a motion and a second.
Voting.
Motion Passes 10-0.
Mr. Guilfoyle: Thanks for your time.
Mr. Brooks: Thank you.
Mr. Mayor: Eighteen.
The Clerk:
PUBLIC SERVICES
18. Receive as information an update from the Recreation Department staff and the
consultants regarding the Augusta Recreation and Parks Comprehensive Master Plan that
is currently in progress. (Requested by Commissioner Davis)
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Mr. Mayor: The Chair will recognize the distinguished lady from the 3 Commissioner
Davis, Mr. Houck our Interim Director, Mr. Robertson. And the Chair recognizes Commissioner
Davis.
Ms. Davis: Thank you, Mr. Mayor. Mr. Houck was meeting with their consultants and
having team meetings today. And so they wanted to kind of give us a midway update on the
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Master Plan. We normally would do this in committee but we didn’t have a quorum last week so
we asked them to put this on today. So thank you, Mr. Houck, if you’ll want to proceed now
with your presentation.
Mr. Mayor: The Chair recognizes Interim Director Houck.
Mr. Houck: Thank you, Mr. Mayor, members of the Commission. What Commissioner
Davis said we spent today in team meetings on our Comprehensive Master Plan which this body
authorized the Department of Recreation, Parks and Facilities to move forward with in February
of this year. We’ve been working diligently. It’s a community driven process we’ve said that
from the beginning and remain such. And we felt that prudent at this time sort of half-way point
of our planning process that we take this opportunity to brief the Commission on where we’ve
been over the last few months, some of the data we’ve collected and the path forward so that we
stand past this project completed and presented to this body at the end of this year. So with that
being said I’m going to introduce Tom and we’ll get into our brief presentation.
Mr. Robertson: Tom Robertson, Cranston Engineering Group. Thank you for the
opportunity to give you this what I hope is brief. As Ron said we’re in about month five of a ten
month process in the planning stages. What we’ve done up to this point really is fact finding.
We really don’t have a formulated vision or alternatives to talk to you about but we have
established a Master Plan website www.planaugustaparks.com has ways to participate with the
public input. We’ve had focus groups of different experts and gotten feedback from them and
comments. We’ve had public forums two public forums where we got really good input from
the public at large and we’re planning to have another public forum at a date to be determined in
the next few weeks. We’ve had interviews with key leaders Mr. Mayor, Madam Administrator
and about 60% of you all sitting Commissioners. We’d love to get the other four before we get
too further along so that we’ll have input from each of you individually. Our team has visited
and assessed 71 park sites and facilities. We’ve engaged in a statistically valid survey of the
community needs and we’ll give you some more information on that in just a minute and that’ll
be with Ron Vine, one of our experts on our team. We have also PROS Consulting one of the
preeminent recreation planning companies in the country and we have Neelay Bhatt from them
that will talk about the next steps of the plan after Ron gets finished. Thank you.
Mr. Vine: Good afternoon, my name is Ron Vine. I’m a principle with ETC Institute.
Our firm was honored to do your statistically valid survey. I’ll just briefly take you through the
highlights of the survey. First it was developing a partnership with the city. The survey was
seven pages in length, had 26 questions many of them multiple parts. The survey could be
completed by mail, phone or over the web. The goal was to complete actually 600 surveys that’s
in here and we actually completed a little bit more than that and the results have a 95% level of
confidence and a margin of error plus or minus 4%. Just gives you some we had very, very good
distribution in regards to ages of household members. As you can see we have very good
distribution in regards to race and ethnicity. And so I’m just going to take you through just about
6 or 7 highlights of what we heard in the survey from your residents. First, the usage of your
parks is high. We asked people to tell us if they’ve used a park in the last 12 months. 55% have
used the Riverwalk, 51% have used the walking and biking trails, those are at the top end but
they’ve also used about 20 other types of facilities and parks in recreation system. We asked
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them what was the most important parks trails and recreation facilities to them and we gave
them, we asked them to tell us their top four. And in order those were 43% said walking, hiking
and biking trails, 25% said small neighborhood parks, 20% said large community parks, 18%
boating and fishing areas 18% natural areas, wildlife habitats and 18% indoor running and
walking tracks. We then asked them as far as when we looked at their needs and unmet needs
and priorities and we found from the survey that there were a lot of unmet needs for facilities and
programs by people who had needs for those. And so we found that to be substantially
important. Next we asked residents and they indicated that they would financially support
improvements to the parks and recreation system, more on that at a future date. And then finally
at the end of the survey we asked them if they could allocate a $100 dollars as you allocate $100
dollars or much more than that in the annual budget but we asked them if they could allocate
those dollars how would they allocate it to the system and I think it’s really, really telling what
they said. Of the $100 dollars 26 they said should be go towards maintaining and improving
current existing parks. But 17 should go toward maintaining and developing walking and biking
trails. They thought $16 dollars should go to expanding the Augusta Riverwalk. The trails and
the Riverwalk are very, very important to people. Then they thought $11.00 should go to
expanding and developing indoor community centers. So improvements to what you have,
improvements in making larger trails and the Riverwalk and then the indoor facilities. This just
shows you three more graphs and I’m going to turn it over to Neelay this is just a listing of
facilities where people were asked what they use and you can see right at the top the Riverwalk
and walking hiking and biking trails followed by large regional parks and indoor community
centers right now. We asked them to indicate what were the most important things to their
household and that blue line says that that’s the most important that you see that nearly 20% of
households said the most important parks and recreations facility is walking, hiking and biking
trails. And right below that about a quarter said the most important facilities to them were small
neighborhood parks. And then last as I indicated before we asked them to allocate $100 dollars
and you can see that $24 dollars or about a quarter of the $100 dollars they indicate should be
allocated toward maintaining and improving existing parks. And then if you look down to the
bottom right it said $16 dollars should go towards expanding the Augusta Riverwalk. And if you
look at the upper left it said that $17 dollars should go towards maintaining and developing
walking and biking trails. So that’s about a third of the dollars. So if you look at trails, Augusta
Riverwalk and if you look at maintaining and improving existing parks that’s about half of what
the citizens indicated that dollars should go towards if they could allocate $100 dollars. And
with that I’m going to turn it over to Neelay Bhatt who will talk to you about next steps.
Mr. Bhatt: I know they say we’re running a little behind time so I promise to be done in
45 minutes.
Mr. Lockett: Sure you will.
Mr. Bhatt: Real quick you know as we’re looking forward with this as well the survey
obviously one of the most critical elements. We had a lot of subjective focus groups, public
input meetings, online surveys but it’s really depending on who shows up. So if you have a
public meeting with 50 people like me show up you better believe the most important thing in
Augusta is cricket fields. That’s probably not true which is why the statistically valid survey is
so important because as Ron showed it mirrors the demographics of our community from a race
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and ethnicity standpoint, from an income standpoint, from an age segment of people in the
household so on and so forth. So using this data using a combination of unmet needs and
importance as well as or own evaluation for future demographics and trends seeing how Augusta
Richmond County is going to change in the next 10 to 15 years. We’re getting more ethnically
diverse, we’re to some extent aging and the biggest group in Augusta Richmond County will be
and I refuse to call them seniors because they don’t behave like it but will be active adults, those
over the age of 55. Knowing those trends will help shape what we recommend in the future
because different race and ethnic groups also participate in programs and desire different kinds
of facilities and amenities. So knowing where we are in the community you know I often joke
that you don’t want to be building a bunch of basketball courts where people like me live.
Brown men don’t dunk but I’ll play cricket all day so we don’t want to create a vision that is one
size fits all. Knowing how diverse we are we want to create a vision that’s customized to the
entire community. So moving forward with the priority rankings the level of service also tying
back to funding and revenue strategies and financial sustainability and then tying it back to our
staffing resources to see from internal capacity how well are we aligned. So I know, Mr. Mayor,
you gave a basketball analogy so I’ll close with one too and so that we don’t be where the ball is,
we be where the ball is going to be. And so that’s when we come back to you we want to come
to you with a vision that says here’s what the community has said, this is what you’re going to
support. These are the priorities and this is what the implementation looks like. So as we look at
all the things we’re recommending in the near term and the long term as well we’re creating a
city and a county where people are connected. They value the quality of life and it’s a place they
want to live, work and call it home. So thank you for the opportunity.
Mr. Mayor: Wonderful. We appreciate that presentation. All right, the Chair recognizes
Commissioner M. Williams.
Mr. M. Williams: Mr. Mayor, I’ve got a question I was just for any of those presenters
even Mr. Ron Houck. I would’ve thought that sports versus walking tracks and the Riverwalk
would be desired more so than what the chart showed. And I don’t disagree with the chart I’m
just thinking that I would’ve thought that sports in this area whether it be any kind of ball
whether it be and I don’t play any of it so like I’ve never seen a golf ball go in the hole in my
life. That’s not my thing but I just think sports would be the thing for this community. How
close or how much to that role plays with the chart?
Mr. Robertson: Well, we have a lot of information in the survey that deals with all of
those things such as you talked about. But what Ron was presenting really was the unmet needs
things that are not met by what we have right now. What that kind of says we’re doing a pretty
good job for youth sports and things that didn’t rise up to the top of something that people desire.
I believe that indicates that the things are going pretty well in those programs.
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Mr. Mayor: The Chair recognizes the Commissioner from the 1 Commissioner Fennoy.
Mr. Fennoy: Yes, just to follow up on what Commissioner Williams said. The surveys
that were taken I think you said we had 50% were Caucasian and about 45% African American
responding to the survey but where would the, actually the surveys taken? I mean what are the
people that participated in the survey where did they come from?
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Mr. Vine: The survey was distributed to a random sampling of households throughout
the entire community so it’s a household survey. So basically if you would take every single
household that was in Augusta, put it in a drum have it taken out by a computer it was a purely
random sampling. And the final report that you’re going to get it’ll show a distribution map of
where the surveys came back from. I might just say it there’s if I could on one other thing as far
as the sports one of the things and again you’ll see it as we go into details is one of these on
sports is that only about 25% of households have children in the city and you saw the global, you
saw the macro level. The full report will show households with young children, households with
older children and empty nesters like myself in there you’re going to see sports rising more to the
top so this is just the macro level but then we’re going to show a micro level what’s at the top as
far as households with kids what’s at the top end as far as older households things of this nature.
Mr. Fennoy: Okay and I guess my primary concern is that and I think some of the
surveys were conducted when you all did the passed out when you all did the town hall meeting
forum.
Mr. Vine: Not our surveys, no.
Mr. Fennoy: One of them were passed ---
Mr. Vine: These surveys ---
Mr. Fennoy: --- were mailed out?
Mr. Vine: --- all mailed out, yes.
Mr. Fennoy: Okay. All right I guess my biggest concern is you know you could have a
survey done at Diamond Lakes where I would guess about 65/75% of the people that in that area
are African American and you would get a response. And then you could have that same survey
done down in May Park where you have 85% of the population is Africa American but you’ll get
a totally different response from that group. And I guess how do you meet the needs of the
people at Diamond Lakes as opposed to meeting the needs of the people maybe down in May
Park?
Mr. Vine: This survey was not done on site at all. This survey was done strictly by
mailings to households so there may have been other activities in the Master Plan that were done
on site but this was done strictly to households and you’ll get a GEO Coding of that. And,
Commissioner, if you one of the reasons we wanted to come out is if you wanted additional
analysis or if you wanted additional analysis of the data based upon certain criteria we’ll be able
to do that.
Mr. Fennoy: I know when they have the usually when they have the elections you know
a lot of polls and surveys go out and nobody on my street ever gets called. So I’m just concerned
that, you know, all the areas from all communities are addressed and that we really don’t miss
anybody.
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Mr. Vine: Absolutely and absolutely and very, very important part of the process. And I
think when you see the map of the respondents you’ll be pleased.
Mr. Fennoy: Okay.
Mr. Mayor: I have a few questions. One, what was our sample size for this survey?
Mr. Vine: The sample we were guaranteed to get back 600 and we got back about 600 a
little bit more I think ---
Mr. Mayor: So overall you overall sample size how much what was that number, what
was your target?
Mr. Vine: We sent out about 5,000 surveys.
Mr. Mayor: Okay, with the expectation of getting back roughly 600.
Mr. Vine: Right, yeah, because we nowadays you’re going to get back more surveys
through the mail than anything else and we got back but that was our expectation. If we get back
more surveys than that then we’re going to process those.
Mr. Mayor: You indicated that only 25% of the households surveyed have children, is
that true?
Mr. Vine: I indicated that if you look at the census of your community and about 25% of
the people who live in your community are under the age of 19 so therefore when you look at it
from a standpoint actually a little bit, you know, so what I’m saying is then therefore the
majority of households that respond to a survey because it’s the majority of households in it. In
the community are not going to have children of sports playing age.
Mr. Mayor: Interesting. The Chair recognizes Commissioner the Commissioner from
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the 3 for closing statements.
Ms. Davis: Thank you, Mr. Mayor. Thank you for that presentation. And I just wanted
to ask we have of course SPLOST meetings coming up to look at projects lists from the
departments and from the Administrator. Is this enough information for you just since we’re
already I know you’re just in the middle of this process but just to kind of reflect what your
needs will be as you put together SPLOST project lists?
Mr. Houck: Yes, it is. That was one of the goals that we established during this process
that we would at this point in the ballgame if you will we’d have enough information to help us
in putting together our SPLOST priorities based on what we’re what we’ve found through this
first five or six months into this process.
Ms. Davis: Okay, great, thank ya’ll again for your presentation.
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Mr. Mayor: Thank you.
Mr. Lockett: Do you need a motion to receive this as information, Mr. Chair?
Mr. Mayor: I think that would be appropriate at this time, Commissioner.
Mr. Lockett: I move to receive this as information.
Mr. Fennoy: Second.
Motion Passes 10-0.
Mr. Mayor: Item 22 Stormwater.
The Clerk:
ENGINEERING SERVICES
22. Approve proposed Amendment to Stormwater Ordinance. (Requested by
Commissioner Sias)
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Mr. Mayor: The Chair recognizes the Commissioner from the 4.
Mr. Sias:
Thank you, Mr. Mayor. First, Mr. Mayor, I want to say to my colleagues and
the general public we’ve been working this stormwater concept for quite a while. First off we
know there’s an urgent need for stormwater. We know we have federal requirements that we
have to meet. We put, invested a lot to insure that we’re going down the right road in the right
path in doing this the right way. We’ve had consultants and experts to have come in. We’ve
heard from our Director of Engineering and his staff about what is the right thing and the right
path for this stormwater ordinance. We’ve also heard from our Administrator about our
requirements and our needs to get this done. So I say that it is time for us to correct the problems
that have occurred in the past that have created these infrastructure issues that we now have. We
cannot, we can no longer afford to just kick this can on down the road because this is a dead end
cul-de-sac. And we will pay sooner or later whether we want to or not. We developed a product
that through our communication with our constituents and through the community folks are not
so much concerned about the actual fee that they’ll be paying. They’re concerned about the
service that they get for the fee. They want to insure that the fee is spread uniformly across and
make sure we do what we say we’re going to do with the money. They’re also concerned about
our non-profits such as our churches and other organizations that own buildings. And with the
ordinance we’ve instituted a discount or credit program that these folks will be able to take
advantage of to the tune of 65%. So we believe that we have the right product in place and I ask
that my colleagues understand and support this as we move forward to improve our infrastructure
and make this city a place where folks want to stay. Not to limit debate, Mr. Mayor, but to get
I move to approve the stormwater ordinance as
the motion on the table. With that being said
presented with approval of the standard operating procedure by this body no later than 30
November 2015.
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Mr. Lockett: Second.
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Mr. Mayor: The Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. You know over these yes 2009 the general
public did pass this stormwater to be moved forward on and I understand that. For two years
I’ve been asking for a rural rate because the pervious service that we have in District 8 falls on
deaf ears which I understand. You know I’ve looked at my colleagues needs in their districts but
ours is different and I’ve always said that but I think, you know, it would probably be good to do
for the people is Tom Wiedmeier with Utilities if we put a brochure in there or info for the
citizens to actually see what the stormwater is actually going to do for them as far as the service
expectations, lists of jobs to be done, costs to the citizens, salary costs what it’s going to cost the
employees in short expectations for the fee. We need to have on our website have an easy access
for people to garner to obtain to get that information. I actually had called one of my colleagues
to find out if it was on there and he had to go through a bunch of loopholes. But two weeks ago,
Mr. Mayor, I listened to you and listened to my colleagues speak about everybody that ya’ll
spoke to supported the stormwater. You know I went to three of the meetings and I had a couple
of my colleagues that went to almost every one of them and just listening to the people we’re
putting a fee on them which I’ve always said I understand the need for the stormwater but it
needs to be charged accordingly, never doubted that. If we were to come up with a rural rate this
issue wouldn’t keep coming up before us because I would have supported it. But you know with
five, six colleagues including the Mayor that talked to everybody from District 1 to District 8 and
everybody that ya’ll talked to supported it, put it on the referendum, let the people decide for
once.
Mr. Mayor: All right.
Mr. Guilfoyle: I’d like to make that as a motion, Mr. Mayor.
Mr. Mayor: Okay, so restate your motion.
Mr. Guilfoyle: I’d like to put the stormwater of the referendum on the ballot if possible.
I don’t know if it can or cannot.
Mr. Mayor: That motion fails without a proper second. I think it’s appropriate. I’ve
only been here seven months and what today constitutes 21 days. I have been very clear about
my posture as it relates to stormwater and that is that as I’ve indicated I support phasing it in at a
reduced rate. That was incorrectly reported on last week but I want to again reiterate that that I
support a reduced rate and phasing it in and capping it. I also support the things that the
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Commissioner from the 4 has indicated as it relates to an SOP et cetera with a graduated credit
program. There’s a credit program that’s been adopted and I think it’s certainly reasonable
whether it be for commercial residents or residential residents. I also stated in our last attempt at
this that in meeting with the engineering staff I had asked them and we communicated the same
to our Administrator that within 30 days the engineering staff would provide every resident and
commercial participant what their fee would be in an insert in the utility bills. 30 days beyond
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that point on the city website they would in turn provide that same information so that
individuals who may misplaced or displaced that insert that showed up in the utility bills would
be able to go to the website and find that same information. My position has not changed. I
have not heard and its previous attempt to be voted on this body saying they wanted to introduce
a fee lower than $6.40.
Mr. Lockett: Mr. Mayor, call for the question.
Mr. Mayor: You don’t have the floor to do that at this time.
Mr. Lockett: We’ve had this debate already.
Mr. Mayor: Again the Mayor has the floor. And so again that’s the posture that I’ve
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been in for point of clarification. The Commissioner from the 8 has spoken; he provided a
motion that failed. There is further discussion from your colleagues and what I resoundingly
hear and I’m sure we’ll hear it again in a few moments is the construct of respect. You’ve asked
me to not tell you how to vote and you’ve also asked me to give you an opportunity to talk. I am
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going to recognize at this time the Dean of the Commissioners Commissioner from the 9. The
Chair recognizes Commissioner M. Williams.
Mr. M. Williams: Thank you, Mr. Mayor. I have never been in opposition to this but
there’s some things that I have not heard had the clarity from and spoke with the Administrator
prior to this meeting started. I don’t like the fact that it’s an enterprise that’s the first thing I
don’t like because it’s dangerous when you create an authority and an enterprise. For those who
don’t know what that is it’s a separate entity from this government that we think we can control
but the proof is that there’s several around here now that our hands are really tied when it comes
to that. But I guess my question, Ms. Jackson, to you is and you briefed it to me but I want to
make sure that this fee does not come on a bill where the homeowner or taxpayer believes that
they got to pay this bill or they get their water cut off if the bill’s not paid because there are a lot
of people in this community that pay their bill they don’t use bad credit anymore Mr. Welcher
they use slow credit. A lot of people got slow credit. I’ve been in that line a hundred times and I
don’t have no problem with it because when you’ve got to rob Peter to pay Paul as my granddad
used to say I understand how to do that. So there are a lot of people who pay their utility bill
does not on a monthly basis on time like everybody else does they pay them when they can
figure it out how to move it to one place and another one. So I thinking this fee if that’s going to
be separated and it’s going through the water bill it’s going to be separated where people can
understand that this is not my water bill but this is a stormwater fee. And I won’t be held
hostage I guess because I can only pay this water bill and not able to pay the stormwater fee.
That’s been a problem for me. I’ve been getting a lot of conversation about it on my
(unintelligible). I can support it but I need to know I need to know that that’s not going to happen
to the taxpayers of Richmond County.
Mr. Mayor: The Chair recognizes Administrator Jackson.
Ms. Jackson: Sir, what I would recommend here is what has been done in other
jurisdictions where I lived. In Charlotte NC I get a bill that’s clearly outlined showing what my
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water usage is and what my bill is what my sewer usage is and what my bill is for sewer as well
as what my stormwater usage is and what my stormwater bill would be. So there’s three separate
components that go into a total bill. What we would recommend relative to stormwater fees just
like what we do for water fee now we have people who cannot afford to pay the water and sewer
bills they can talk to our staff who can set up payment plans for them in order to stave off any
cancellation of service.
Mr. Lockett: Mr. Mayor, call for the question.
Mr. M. Williams: If I can finish, Mr. Mayor.
Mr. Mayor: All right, Commissioner Williams ---
Mr. M. Williams: Okay.
Mr. Mayor: --- so I’ve got a call for the question which is ---
Mr. M. Williams: Mr. Mayor, I was in conversation with the Administrator. She was
answering my question. I didn’t ---
Mr. Lockett: Mr. Mayor, I withdraw that please. I withdraw that.
Mr. Mayor: Praise the Lord. All right, Madam Administrator, continue.
Ms. Jackson: I was talking about continuation of the thought if you cannot pay your bill
you know now what we ask you to do is to contact the Utilities Department so we can set up a
payment plan for you. And we would ask people to do the same thing with the stormwater fee.
We want to the purpose is for us to collect, it’s not to cut off your services. So we’ll try to avoid
cutting off services at any opportunity which I’d avoid cutting off services particularly if the
water bill is maintained. We want to keep the water fee has been paid we’ll continue to provide
water service.
Mr. M. Williams: Madam Administrator, the sewage bill and the water bill comes
together and has a total on it. I don’t think nobody ever paid their water bill and didn’t pay their
sewage bill because it’s combined, it’s right there. And if we can do a separate billing maybe
come in the water bill but there ought to be a separate billing. But is you combine them Joe Q.
Citizen is going to say well my total is $50.00 and that’s everything combined they’re going to
see the bottom line is $50.00. So they’re thinking that this is what they owe. If there’s a
separate billing process to maybe come in their water bill but if you put and I’m just I’m trying
to find a way to help the situation. We’ve been dealing with this for a while so I need to get
some clarity to that, Mr. Mayor, then I can support it.
Mr. Mayor: I understand, Commissioner. I know you are passionate about this matter
and passionate about the people of this city and I think that your colleagues they share in that.
They may not always arrive at it the same way but they share in that same passion. The Chair
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recognizes the Commissioner from the 1.
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Mr. Fennoy: Mr. Mayor, I’d like to move the previous question.
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Mr. Mayor: All right, the Commissioner from the 1 wants to move the previous
question which is again a motion to take action on this matter.
Mr. Guilfoyle: Roll call, Mr. Mayor.
Mr. Mayor: All right without objection. All right without objection we’re voting without
objection.
The Clerk: Roll call?
Mr. Mayor: Was there a request for a roll call vote?
Mr. Fennoy: Yes.
Mr. Mayor: Roll call vote.
The Clerk: Commissioner Davis.
Ms. Davis: No, ma’am.
The Clerk: Commissioner Fennoy.
Mr. Fennoy: Yes.
The Clerk: Commissioner Frantom.
Mr. Frantom: No, ma’am.
The Clerk: Commissioner Guilfoyle.
Mr. Guilfoyle: Present.
The Clerk: Commissioner Hasan.
Mr. Hasan: Yes.
The Clerk: Commissioner Lockett.
Mr. Lockett: Yes.
The Clerk: Commissioner Sias.
Mr. Sias: Yes.
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The Clerk: Commissioner Smith.
Mr. Smith: No.
The Clerk: Commissioner D. Williams.
Mr. D. Williams: Yes.
The Clerk: Commissioner M. Williams.
Mr. M. Williams: Yes.
Mr. Fennoy, Mr. Hasan, Mr. Lockett, Mr. Sias, Mr. D. Williams and M. Williams vote Yes.
Ms. Davis, Mr. Frantom and Smith vote No.
Mr. Guilfoyle vote abstains.
Motion Passes 6-3-1.
Mr. Lockett: Mr. Mayor, point of personal privilege, please, sir.
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Mr. Mayor: The Chair recognizes the Commissioner from the 5.
Mr. Lockett: I think we just we need a tough vote but we made the correct vote. And it
would really be embarrassing for our distinguished Mayor to have just been selected as a
member of the U.S. EPA for us to continue to be in violation of that law because we don’t have
sufficient funding. But I just want to say congratulations, Mr. Mayor, on your selection and
congratulations to my colleagues who saw fit to step up to the plate and do what’s best for this
community. Thank you.
Mr. Mayor: Thank you. Director Ladson, I do have a question and this is simply a
follow up now that we’re at this place. Pursuant to our discussions will we still be able to move
forward with providing the taxpayer with, in the insert of the utility bill what that fee will be?
Mr. Ladson: Yes, sir.
Mr. Mayor: Fantastic. Within 30 days?
Mr. Ladson: Yes, sir.
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Mr. Mayor: Fantastic. The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: While Mr. Ladson is at the microphone at a previous meeting, Mr. Ladson,
you made the comment that once the stormwater fee is passed the residents will begin to see
immediate results. I didn’t misquote you, did I?
Mr. Ladson: Well, once we actually start collecting revenue.
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Mr. Fennoy: Once we start collecting revenue.
Mr. Ladson: Yes.
Mr. Fennoy: Okay.
Mr. Ladson: You’ll start to see it immediately though.
Mr. Fennoy: All right, thank you.
Mr. Mayor: Fantastic. I appreciate all the hard work that’s been done as it relates to this
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matter. All right, okay the Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, Mr. Mayor, before we move to the point and to first off to my
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colleague from the 1 I was out of the area today and they were working on a fire retention pond.
They didn’t have enough manpower but the results are already the results are already on the way.
And I want to say to my colleague all four against we’re all here for the City of Augusta and I
totally understand whatever our convictions are and I really appreciate that what this body sits
down and works together to make the tough decisions. And let’s keep moving to repair our
infrastructure and then we can all be proud of Augusta. Thank you, Mr. Mayor, and thank you to
all my colleagues and the citizens who participated and where we got our information from and I
promise you we will not let you down. Thank you, sir.
Mr. Mayor: Commissioners, stand at ease for just one moment, stand at ease. Here’s our
posture. I am going to ask this body to reconsider its action on stormwater, I’m going to ask you
to do that. The ordinance that was just voted on has an implementation date of July 1, 2015. I’m
going to ask you to reconsider your action and once we do that then we would want to adopt this
with a January 1, 2016 implementation date. Okay, if you have an inquiry I’ll recognize you and
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you’ll state your inquiry. The Chair recognizes the Commissioner from the 1 state your
inquiry.
Mr. Fennoy: Yes, is January 1, 2016 the earliest?
Mr. Mayor: It is.
Ms. Jackson: We would like to allow ourselves at least five months to test the
implementation and billing system just to make sure we’ve got everything correct so that’s our
recommended date.
Mr. Fennoy: All right.
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Mr. Mayor: All right. The Chair’s going to recognize the Commissioner from the 4 to
ask this body to reconsider its action. I need a motion to reconsider.
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Mr. Sias: Not a problem with that, Mr. Mayor, but just can I just want to ask one thing of
staff. Do we have to reconsider the whole thing or can we just change the implementation date?
Mr. Mayor: Again it was, so your motion is to reconsider concerning the stormwater
ordinance, that’s what you passed. Included in that ordinance is an implementation date, the fee
all the things you just said you voted on in the ordinance. So the simple motion is we want to
again reconsider its action and then we’ll change the date. All right ---
Mr. Hasan: Mr. Mayor?
Mr. Mayor: --- suspend. The reason again, again the reason I’m asking this body to
reconsider its action is that it nullifies the previous action taken. And in doing so we’ll then have
a vote to adopt the ordinance with the corrected date. What’s before us right now is a simple
request for this body to reconsider its action.
Mr. Fennoy: Do I need to put it in the form of a motion?
Mr. Mayor: Absolutely.
Mr. Fennoy: So moved.
Mr. Hasan: Second.
Mr. Mayor: I’ve got a motion and a second for this body to reconsider its action on item
number 22. Voting.
Mr. Fennoy, Mr. D. Williams, Mr. Sias, Mr. Lockett, Mr. Hasan and Mr. M. Williams vote
Yes.
Ms. Davis, Mr. Frantom, Mr. Guilfoyle and Mr. Smith vote No.
Motion Passes 6-4.
Mr. Sias: Mr. Mayor?
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 4.
Move to approve the stormwater ordinance as
Mr. Sias: Thank you, Mr. Mayor.
presented with an effective start date of 1 January 2016 and the standard operating
procedure approved by this body no later than 30 January 2016.
Mr. Lockett: Second.
Mr. Mayor:
I’ve got a motion and a second to approve the amendment to the proposed
stormwater ordinance with an effective date of January 1, 2016.All those in favor will vote yeah
and those opposed vote no.
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Mr. Fennoy, Mr. D. Williams, Mr. Sias, Mr. Lockett, Mr. Hasan and Mr. M. Williams vote
Yes.
Ms. Davis, Mr. Frantom, Mr. Guilfoyle and Mr. Smith vote No.
Motion Passes 6-4.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, sir. The action that we just completed was in lack of a better word
very disappointing. We have a certain legal entity that supposed to keep us straight with those
legalese. I’m very disappointed in that one. When this body puts together the kind of work it
takes to get these things done we expect certain folks to keep us straight on those minor
technicalities that cost us in court. Thank you, Mr. Mayor.
Mr. Mayor: Ms. Morawski, item 23 please.
The Clerk:
OTHER BUSINESS
23. Discussion about who should be present in legal meetings. (Requested by Commissioner
Frantom)
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Mr. Mayor: The Chair recognizes the Commissioner from the 7.
Mr. Frantom:
Thank you, Mr. Mayor. You know we’re elected to be a team; we’re
elected to show respect to one another and we’re elected to communicate with each other. I’ve
been on this Commission for three months and one of the things I haven’t seen is we’re not
working with each other, we’re working at each other. And today I was fully ready to have a
I
motion to move this forward in another way but I just think the landscape of where we are
make a motion to send this back to committee.
Mr. Lockett: Second.
Mr. Mayor: We have a motion and a second to refer back to committee. Voting. The
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Chair recognizes the Commissioner from the 1 state your inquiry.
Mr. Fennoy: You know we have had this discussion and I think that we need to just go
ahead and decide and get it over with. At the next prior to the next committee meeting we’re
going to have Legal and if we’re going to have Legal. I want to know who can and cannot be in
there and anyone that’s authorized to be in there I think they should be in there. So Mr. Frantom
put it on the agenda. We need to just go ahead and bring this to a close and stop kicking the road
down the can.
Mr. Mayor: All right, we’ve got we’ve got the machine still open for voting. We’ve got
a couple of hands going here and there. I think this vote will tell us where we want to be.
Mr. Fennoy and Mr. M. Williams vote No.
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Motion Passes 8-2.
Mr. Mayor: All right. The Chair recognizes all right hold on (inaudible). The Chair
recognizes Attorney MacKenzie.
Mr. MacKenzie: Just want to note an addendum item and there’s also the addendum
condemnation that was distributed.
Mr. Mayor: I know we’ve got more business; we have a lot of business. I’ve got three of
them up here. All right the Chair’s going to recognize the Dean of the Commission the
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Commissioner from the 9. State your inquiry.
Mr. M. Williams: Point of personal privilege, Mr. Mayor ---
Mr. Mayor: All right.
Mr. M. Williams: --- I agree with Commissioner Fennoy. We are going into Legal. Mr.
Frantom put it on and I enjoyed his short speech about how we ought to be working together.
And I agree with that but that’s not always the case. This is a very serious issue we’re talking
about and we need to address it so we can get it resolved and stop kicking it or postponing it.
Now what’s right is what’s right and there’s no easy way to do that. Sometimes you’ve got to
make tough decisions; sometimes you have to vote and stand up and be all by yourself. My
point is, Mr. Mayor, is if we don’t get this resolved then I don’t think we should have another
Legal meeting until we do get it resolved. Now if that calls for whatever drastic measure it takes
but until we get that resolved this body needs to be unified enough to know that we ought to
know up front what before we go in there the situation. I really feel sorry, sorry is not the word
but I have sympathy for the young lady that was in the meeting so this should not have been
discussed while she was there. She was in by no fault of her own. And we kind of talked around
it but that should’ve been handled before we invited anybody in. I wouldn’t invite you into a
situation and have you sitting there not being able to say or do anything just listen to that. So
before I go into another Legal meeting myself I’m going to have this resolved one way or the
other. But I will not participate in another Legal meeting until I get some resolvement of this.
And there’s rules that have been stated. Robert’s Rules already got a set of rules, the Georgia
Municipal Association got a rule the ACC got a ruling and all of them plain as day. We have
had this situation before this is nothing brand new. Several people have been questioned but this
don’t take rocket science what here this just takes standing for it and saying what it is calling
your ‘I’s’ ‘I’s’ and your ‘T’s’ ‘T’s’ that’s all it is.
Mr. Mayor: All right, the Chair recognizes the Mayor Pro Tem.
Mr. G. Smith: Thank you, Mr. Mayor. Can I direct this to Andrew the counsel?
Mr. Mayor: You may.
Mr. G. Smith: Okay, thank you.
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Mr. Mayor: You do realize that we’ve just taken action on the measure and you’ve
referred it to committee and we’re still talking about it. But that’s okay.
Mr. Hasan: You set a precedent a couple of minutes ago, Mr. Mayor.
Mr. Mayor: I set a precedent?
Mr. Hasan: Yeah, on the stormwater.
Mr. Mayor: Well, again you took action on the stormwater. It was brought to my
attention that there was an error in the ordinance and I was asked to have this body reconsider its
action. It was well within this body to do that and you did. And you now have an approved
stormwater ordinance with an implementation date that pursuant to what your Administrator just
indicated allows them to work on effectively implementing a billing system that gives not only
this government certainty but also give the constituents certainty about what they will see. I’m
not quite sure how that was a precedent, but I mean I’ve been accused of many precedents over
the last few days and that ain’t one. All right, Attorney MacKenzie, the Mayor Pro Tem wants to
ask you a question.
Mr. G. Smith: Mr. MacKenzie, what are the present rules up to the last legal meeting we
had? What’s the rule about who can come in? Is there something stated in our Charter or where
is it what’s the policy of that?
Mr. MacKenzie: This body doesn’t currently have a written policy relating to the
attendance of legal meetings. It’s been the practice to utilize the will of the body for that and
that’s worked well for some time but if you need to look at that again that’s the will of the body
as well.
Mr. M. Williams: Point of personal privilege now. We ---
Mr. Mayor: Suspend, Commissioner, I haven’t recognized you yet. The Mayor Pro Tem
is asking questions, I want to make sure he gets his voice heard and then I’ll put my head on a
swivel and get to everybody else.
Mr. G. Smith: That’s what I in other words this has just been something in the past the
precedents was started years ago was something about how we handle legal?
Mr. MacKenzie: We just don’t, you don’t have a written policy on that so it’s been
decisions that’s been made by the will of the body.
Mr. G. Smith: Should we have?
Mr. MacKenzie: That’s a question for ya’ll to make as a body. You could have a written
policy there’s nothing prohibits you from making one or you could follow what you’ve been
doing in the past which is to decide as a will of the body.
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Mr. G. Smith: Okay, thank you, Mr. Mayor.
Mr. Mayor: All right.
Mr. M. Williams: Can I follow up, Mr. Mayor?
Mr. Mayor: Well, I’m going to and then I’ll recognize you. The question of whether or
not we have a rule as it relates to this has long been answered. There is no rule that this
Commission has, there is no ordinance that this Commission has, there is no statutory
requirement in Title 50-14-3 or 4 that speaks to who can or who cannot attend “an Executive
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Session”. What the statutes states is why we go into Executive Session and yet on July the 7
during a Legal meeting which was not the first time the issue was raised by the Commissioner
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from the 6 who up to this point in time has been remarkably silent who expressed the concern
regarding the Chief of Staff attending the meetings. Then the Commission shared at the presence
of the Administrator and the Administrator’s deputies and the Clerk could all be questioned but
offered no objection to Ms. Owens being in the meeting. When the question was asked by the
Mayor and this is in the record is there objection. At that time and it’s in the record no one
indicated an objection and yet we find ourselves here. Again if this is a matter of fairness if this
is a matter of personal preference then those are two separate issues. As it stands in our Legal
meetings to date as I understand it in previous administrations there have been others who have
attended meetings but yet we have the question before us as to whether or not this Mayor, this
currently sitting Mayor can in fact bring his Chief of Staff to the meetings. The same Chief of
Staff who advises the Mayor on all matters of policy, legal obligations, contracts, et cetera. The
question is whether or not I can bring that individual into meetings. It’s almost as if this is an
attempt to impute the character of a very capable and competent professional. I will not allow
that; I will not allow that. This individual has represented this government with utmost
professionalism. At no point in time has Ms. Owens who functions in this role brought into
question this government but rather allowed me to be as effective as possible as the Mayor. I
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appreciate the Commissioner from the 7 coming to me as he has on two separate occasions.
This is an important matter to him, he did not run after raising an issue but he expressed concern
and asked for support to discuss it and talk about it and I appreciate that. This matter has been
referred; we can talk about it. I don’t have any issues talking about it the Commissioner from the
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9 with a group whoever so we’ve got a couple of other items that are on this agenda.
Mr. Hasan: Mr. Mayor?
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Mr. Mayor: I will hear from the Commissioner from the 9 and then I’d like to move on
and address the other matters that are before us.
Mr. Hasan: Mr. Mayor, can I get a chance to speak a point of personal privilege?
Mr. Mayor: I will recognize you in just a moment.
Mr. Hasan: Okay, thank you.
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Mr. M. Williams: Mr. Mayor, I agree that Ms. Owens has not done anything and I said
earlier I really feel for her being put in that situation. This is not to do anything with this Mayor
or any other Mayor that I know about this is the first time that I have heard that anybody came
into Legal that didn’t have something to that was relevant to that particular subject that we were
talking about in Legal. And if there is no ruling as our Attorney has just stated then Sylvia
Cooper can go into Legal if I invite her to next time or anybody else to go into Legal session.
It’s a private meeting. It’s been proven right here in this body before you came from Atlanta or
your other position when previous administrators had been asked to leave the meeting because if
one Commissioner objects. Now the Attorney said there’s no rule. There had been a court case
in this building because a Commissioner didn’t vote and the judge said we can use Robert’s
Rules to determine. Now if you don’t have a rule you ought to go find a rule where the rules at.
And the rules state that the Legal meeting is set up for the Mayor, Commissioners and the
Attorneys. And if you call for an Executive Session you can even exclude the Attorney if we
just want to talk among ourselves. So that’s untrue and I take issue when we’re paying a
certified attorney to sit here and tell us that there’s no rules then we might as well hold legal
meetings right here versus going into another room to hold a legal meeting. What good does it
do us to go into a private setting get up out of these chairs and go sit in some more chairs to talk
if everybody can be there? That don’t even make good sense and he can’t tell you that makes
good sense. So if the Clerk were doing what she’s been doing continuing to look for those
minutes that’s proven right here in this chamber not maybe on this particular floor but on the
sixth floor where we were before the minutes was read into the hearing of everybody that sits in
this room that the legal meeting is specifically for those three entities. Now if you’re going to
change that by bringing somebody else in I ain’t got no problem, but it needs to be changed if
don’t need to be changed and sit here and say what you’re going to do because if before I attend
another legal meeting without getting any ruling I won’t attend one, me personally now. I can’t
speak for my colleagues but I just think it’s unfair to have that on the table go in there Mr.
Frantom was in such disarray about it he added it to the agenda. So for whatever reason he
changed his mind and sent it back to committee and he has a right to do that to vote. The vote
says to go back and it goes back but I won’t attend because it’s been proven right here that no
one can come into a legal meeting except those are invited and they’ve got something relevant to
what we’re speaking on whether it be real estate. And the other attorney sitting out there
somewhere ought to be able to know that you just can’t open up a legal meeting and let
everybody come in. So this is not about Ms. Owens; I want to make that perfectly clear. I think
she does a great job this is not about just anybody that’s not invited in that legal meeting. And if
one Commissioner has a problem with anybody in that meeting they can ask them to leave. Like
that or not those are the rules.
Mr. Mayor: All right.
Mr. M. Williams: I hope the Clerk can find them.
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Mr. Mayor: I am going to I’m coming to you Commissioner from the 6.
Mr. Hasan: Thank you, sir.
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Mr. Mayor: In Section 1.0.01.03 it states that all Legal or Executive Session meetings
shall be conducted in accordance with the Official Code of Georgia Annotated Title 50-14-3 and
50-14-4. What it states is that Attorney Client Privilege Ms. Cooper, Ms. McCord they are not
the client. There has not been a violation of attorney client privilege because Ms. Owens works
for the government at the pleasure of the Mayor. There are no other rules. There may be
minutes of discussion but there are no local codes, there’s no Commission rules, there’s no
ordinance, it does not exist. What we have before us is your local rules before I got here
referring to the Official Code of Georgia Annotated Title 50-14-3, 50-14-4 so the general public
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cannot attend because they are not a client. The Chair recognizes the Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor, my initial comment was well first I’m
surprised to the extent that you went to discussing it probably going to send it back to committee
but that’s your privilege that’s what you choose to do. But mine really was not to address I
wanted to concur with Commissioner Williams’ initial comments which was in terms of taking a
different spin on his position was. And I’m not putting words in your mouth it’s my take away
from it but it’s not to attend Legal until we get it resolved. With that my take away is possibly
we will find a way to get it resolved before we have another Legal. That was my only
comments, Mr. Mayor. I was going to respect the notion that you all had said. I thought we
were big enough that we would get this resolved before another legal meeting.
Mr. Mayor: I couldn’t agree with you more. The Chair recognizes the Commissioner
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from the 5 Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. The attorney that often represents local news I
think his name is Hudson. He presented an opinion on this particular issue and said that for the
Mayor to have his Chief of Staff in those meetings were completely legal.
Mr. Mayor: All right, here’s ---
Mr. M. Williams: Mr. Hudson got more weight than the Commissioners?
Commissioners say they can’t but David Hudson says he can.
Mr. Lockett: Mr. Chair, if I may follow up ---
Mr. Mayor: Continue.
Mr. Lockett: --- one other thing. In the last Legal meeting I attended when this subject
came up our General Counsel indicated quite clearly that if any Commissioner or any member of
the Commission Council objected to anyone being present, well then that person couldn’t stay
there. That was quite clear the last time so I don’t see what brought us to this point because
when the General Counsel rendered that particular opinion no one that was present asked for
anybody to leave. So it’s mind boggling that we’re here today talking about that when an
explanation has already been given.
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Mr. Mayor: I couldn’t agree with you more. I think that again in the wisdom of the
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young Commissioner from the 7 we’ve referred this; we’ll talk about it amongst ourselves and
we’ll bring closure to it.
Mr. Fennoy: Can I get a point of personal privilege since I ain’t never had one? You
know I mean is it okay?
Mr. Mayor: Is it necessary?
Mr. Fennoy: It is.
Mr. Mayor: The Chair recognizes ---
Mr. Fennoy: It won’t take but two seconds.
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Mr. Mayor: --- the Chair recognizes the Commissioner from the 1.
Mr. Fennoy: You know what really concerns me is not whether or not your Chief of
Staff could be in Legal. But what really disturbs me is the fact that what the conversation that
took place in Legal was leaked to the press. Now to me that is more disturbing than anybody we
have in Legal and how we go about addressing that I don’t know.
Mr. Mayor: Thank you for that comment, Commissioner. Ms. Morawski, it’s almost
dinner time. We have some added items to the agenda and we’re going to call them in order.
We’ll move swiftly, I know that the hour’s late. I’ve got mill back rate, the millage rollback.
We’ve got some additions to the agenda. Ms. Morawski.
The Clerk:
ADDENDUM
25. Motion to approve proposed 2015 rollback mill rates for each taxing district, advertise
the required 5 year history of the digest and to schedule approval of adoption of 2015 mill
rates at the August 11, 2015 special called meeting at 12 p.m.
Mr. Mayor: The Chair recognizes the Director of Finance and the Deputy.
Ms. Williams: Good afternoon and I apologize that this wound up being an addendum to
this already kind of lengthy agenda but the Finance Department received the digest information
on Wednesday shortly after noon. By Thursday night we had completed the calculations of the
rollbacks and tax cap et cetera. On Friday we had a discussion with the Administrator and then
with the Mayor and we requested that this item be added to the agenda today so that we could
start this process and at the end of this process then the Tax Commissioner and the Tax Assessor
can take the entire digest to the Department of Revenue and have it approved so that the bills can
then be sent out in September and we can collect ad valorem taxes. Just briefly the Georgia Law
requires that certain disclosures are made prior to the establishment of the annual millage rate for
ad valorem taxes. The first thing that you are required to do is you have to publish the assessed
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taxable value of the property. You have to list the millage rates for the preceding five calendar
years. It also is a prescribed format that requires that you put the percentage of increase and
decrease. And this is usually referred to as the history of the levy and the current digest. And
this starts the time table that’s prescribed by the State of Georgia for the process that allows you
to set the ad valorem millage rate. This ad has to be in the newspaper a minimum of two weeks
prior to the date that you propose to set the millage rate, the permanent millage rate. And this
information is included in the body of the ad so you have to go ahead and decide the day two
weeks prior minimum to the date that you proposed to set the rate. This is what the
advertisement looks like. I’ve taken the liberty of going ahead and filling in the rollback rate that
is calculated which is 9.792. This gives you the five year history as well as the 2015 county
wide digest. As you can see the digest did decrease slightly from the amount from last year and
those discussions and why that happened would be appropriate for you to have with the Tax
Assessors Office. I just plug in the numbers and go once they give me the digest information.
The second part of the law tells you what happens after you compute the rollback rate. If you
decide to levy a proposed rate that is higher than the computed rollback rate then it triggers a
process whereby you have to have public hearings and you advertise and you have press releases
et cetera. Now the rollback, the term rollback rate is a little confusing in itself. I think we’ve all
been acclimated to the term rollback rate and we’ve been spoiled. We think about going to Wal-
Mart and if it’s on rollback then the price went down. The rollback calculation can move down,
it can also move up. This was designed by the state so that in a year where there were was a
large growth to your digest due to reassessment of existing property it would prohibit a taxing
authority from taking a windfall by reassessing the property at a much higher rate and then
levying that millage rate and thus collecting more ad valorem taxes. Conversely in a year when
the digest goes down because of reassessments you get a credit for the amount that the
reassessment went down which makes your rollback rate higher. It’s terribly confusing, but
nonetheless those are the rules. So for this year the rollback rate was slightly higher than last
year’s millage rate. Now when you adopt the rollback rate you do not have to go and advertise
other than the five year history you do not have to have public hearings and you do not have to
have to issue press releases. If you adopt the rollback rate you advertise that history and you set
the date that you plan to adopt the millage rate. The schedule that you have now in front of you
shows the calculated millage rates for each taxing district, countywide, urban services, capital
outlay, fire protection the Blythe Fire District and it also lists the proposed rates which we are
proposing to use the rollback calculation and the rates for each taxing district. I refer to this as
the George Eskola question. What is the effect on a $100,000 dollar house? The answer to that
is 14 cents. The tax calculation as you’ve seen this before the General Fund by adopting the
rollback rate would put you a little over half a mill below the existing tax cap. And the tax cap
moves every year. It’s the function of the 1979 millage rate with an increase of 7% times a
fraction which is the prior year digest divided by the current year digest. So the Urban Services
Fund would be 17 mills less than the cap. The Fire Protection fund would be almost one mill
under the cap. This would be the proposed timeframe that today you would set the proposed
millage rates. By Friday I can have the prescribed advertisement in the newspaper. On August
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the 11 that would be the date that you would pick at the 12:00 meeting to adopt the millage
rates. Shortly after that the Tax Commissioner and the Tax Assessor will take the entire package
to the Department of Revenue to submit it for their approval. Once that approval is done it can
go to the Tax Commissioner and they will begin the process to mail out the bills. This would be
the motion that we would request that you pass today.
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Mr. Mayor: Are there any questions for the Finance Director? The Chair recognizes the
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Commissioner from the 4.
Mr. Sias: Thank you, Mayor. Ms. Williams, just as I sit on the sidelines kind of last year
in 2014 and was a part of the process as a very interested observer. And the outline that you’ve
laid out now just seems to have 99% less blood than 2014. So can you clearly make me
understand why it was such a bloodletting comparison between 2014 and what you’re kind of
proposing for 2015?
Ms. Williams: The 2014 millage rate process included a proposed tax increase and that
increase was twofold. It was to cover the planned existing use of fund balance in the budget by a
little over $5 million dollars. And it was also to set about a systematic replacement of reserves
due to the 2014 ice storm. That rate that was proposed was a mill and ¾ above the computed
rollback rate which triggered the discussions, public hearings and the general angst. This year
there is no increase proposed; we are just proposing that you adopt the rollback rate that is
calculated.
Mr. Sias: Thank you.
Ms. Williams: You’re welcome.
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Mr. Mayor: The Chair recognizes the Commissioner from the 1 for a question.
Mr. Fennoy: Ms. Williams, what would be the impact if we did not pass the rollback rate
today?
Ms. Williams: If you look back on the history that is in front of you as you can see by
adopting the rollback rate we are projecting to collect approximately $71,000 dollars less than
we actually collected last year and that is primarily due to the digest shrinkage. Most of that
shrinkage occurred in the area of the Motor Vehicle Digest. You may remember when the state
switched from the birthday tax to the tax that is added on. We knew that the digest was going to
start going down. We believe that this is the first year that we have seen significant results from
those values falling off of the Motor Vehicle Digest. So if you adopted the proposed rollback
rate you’re already going to be collecting approximately $71,000 dollars less in the General
Fund. If you drop back to the existing 2014 rate you’re about another $19,000 dollars so a grand
total of about $90,000 dollars would be at stake and that’s just in the General Fund. Now what
you also need to realize is once you don’t go to the roll, you drop below the rollback rate. If the
next year you need to go back to where you were the previous year, most likely you’ve got to
advertise that as an increase.
Mr. Fennoy: All right, thank you.
Ms. Williams: Sure.
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Mr. Mayor: The Chair recognizes the Commissioner from the 5.
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Mr. Lockett: Mr. Chair, I move that the motion to approve proposed 2015 rollback
mill rates for each taxing district, advertised the required 5 year history of the digest and to
schedule approval of adoption of 2015 mill rates at the August 11, 2015 special called
meeting which would be at 12:00 P.M.
Mr. Sias: Second.
Mr. Mayor: We’ve got a motion and a second to approve the proposed rollback mill rate.
Any further discussion? Voting. Commissioner M. Davis, I’m just hungry, no lunch.
Mr. Guilfoyle and Mr. G. Smith vote No.
Mr. M. Williams out.
Motion Passes 7-2.
Mr. Mayor: Wonderful, we’ve got two more items. I appreciate the Commissioners for
hanging in here. I really appreciate that. I think the public does as well. Ms. Morawski, I’ve got
one that I’ll have up here, two that I’ve actually got up here. I don’t think you have them down
there.
The Clerk: I may have one.
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Mr. Mayor: I’m going to recognize the Commissioner from the 7. The Chair
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recognizes the Commissioner from the 7.
ADDENDUM
24. Motion to authorize condemnation to acquire title of a portion of the property for right
of way (Parcel 193-0-002-02-0) 2509 Patterson Bridge Road.
Mr. Mayor: Thank you.
Mr. Fennoy: Motion to approve.
Mr. Frantom: Second.
Mr. Mayor: We’ve got a motion and a second. Voting.
Mr. M. Williams out.
Motion Passes 9-0.
Mr. Mayor: All right, we’ve got one more before us all right, okay just one more. All
right, the Chair recognizes Administrator Jackson.
ADDENDUM
26. Motion to approve the recommendation of Mr. Hawthorne Welcher as the new Director
of Housing and Community Development.
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Ms. Jackson: Yes, the last item I have for the agenda is a recommendation of a candidate
for the Housing and Community Development Director position. Mr. Hawthorne Welcher Jr.
has been with the organization since 2008 and I’m pleased to recommend him as our next
Director of Housing and Community Development.
Mr. Lockett: Move to approve.
Mr. G. Smith: Second.
Mr. Fennoy: Any discussion?
Mr. Mayor: I’m here to take any discussion. The Chair recognizes the Commissioner
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from the 8.
Mr. Guilfoyle: Madam Administrator, I wasn’t here last week I was out of the state and I
guess this came under discussion. What kind of pay salary?
Ms. Jackson: He has requested a base pay of $100,000 dollars and that is the amount I
suggested to the Commission in closed session.
Mr. Guilfoyle: All right. He’s currently making before the interim is what?
Ms. Jackson: Roughly $78 to $79 thousand. When he became Interim Director his
salary went up to about $89 thousand.
Mr. Guilfoyle: Okay, so when they go to interim that’s normally what they would
currently make. So is the three other candidates where were they at at their asking salary?
Ms. Jackson: I don’t have all ---
Mr. Guilfoyle: Mr. Tatum, for example.
Ms. Jackson: --- I don’t have all the documents with me but I think they all requested
between $90 and $105.
Mr. Guilfoyle: I think Mr. Tatum was $86 maybe?
Ms. Jackson: I don’t have the document in front of me so I can’t (inaudible).
Mr. Guilfoyle: Because if we hired Mr. Wheeler with all his years of experience and
credentials for $97 and then we moved him up $5,000 over the grace period that he’s actually
served with the county. You know if we bring Welcher, no disrespect Welcher, at one hundred
where does that leave him room to move up? You hire him at the top shelf and then there’s no
room to expand his salary where we’ve got employees will be (inaudible).
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Ms. Jackson: Quite frankly, sir, I believe the top of the pay scale for this job is actually
about $130,000 dollars so actually there’s substantial room to grow if the organization were able
to offer those types of raises.
Mr. Guilfoyle: I think you went from $70,000 to $100,500 on your application ---
Ms. Jackson: Typically I do not advertise the full range but the full range for this job I
believe is about $130,000.
Mr. Guilfoyle: Thank you.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Motion to approve.
Mr. Lockett: I already made the motion.
Mr. Mayor: We’ve already got a motion and a second.
Mr. Fennoy: Call for the question.
Mr. Mayor: All right we’ve got a motion and a proper second for the approval of Mr.
Hawthorne Welcher as the Director of the Housing and Community Development Department.
All those in favor will vote aye all those opposed will vote no.
Mr. Guilfoyle votes No.
Mr. M. Williams out.
Motion Passes 8-1.
Mr. Mayor: All right, I couldn’t agree with you more.
Mr. Sias: Motion to adjourn.
Mr. Lockett: Second and third and fourth.
Mr. Mayor: The meeting is adjourned.
[MEETING ADJOURNED]
Nancy Morawski
Deputy Clerk of Commission
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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
July 21, 2015.
______________________________
Clerk of Commission
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