HomeMy WebLinkAboutCalled Commission Meeting October 13, 2015
CALLED MEETING COMMISSION CHAMBER
October 13, 2015
Augusta Richmond County Commission convened at 12:00 Noon, Tuesday, October 13,
2015, the Honorable 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. Ladies and gentlemen, we’ll call this meeting to order. The Chair
recognizes Attorney MacKenzie.
2.LEGAL MEETING
A.Pending and potential litigation
B.Real estate
C.Personnel
Mr. MacKenzie: I would entertain a motion to go into an executive session to
discuss pending and potential litigation, real estate and personnel.
Mr. Smith: So move.
Mr. Hasan: Second.
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Mr. Mayor: The Chair recognizes the commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. I’m in agreement to going into legal but do
we have a agenda we asked for for going into legal for what we’ll be discussing?
Mr. MacKenzie: I do have an agenda available for distribution as soon as we get in legal.
Mr. Mayor: All right, very good. Voting.
Mr. Fennoy, Ms. Davis, Mr. Lockett and Mr. Frantom out.
Motion carries 6-0.
[LEGAL MEETING]
Mr. Smith: Andrew, you ready to get started?
Mr. MacKenzie: Yes, sir.
3.Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia’s Open Meeting Act.
Mr. MacKenzie: I’ll entertain a motion to execute the closed meeting affidavit.
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Mr. M. Williams: So move.
Mr. Frantom: Second.
Mr. Smith: All right. We have a motion and second. Call for the vote.
Mr. Fennoy out.
Motion carries 9-0.
Mr. MacKenzie: The next item would be a motion to approve a resolution
authorizing the settlement of all claims by Steven Wallace as Chapter 7 Trustee for ADMI,
Inc. and/or the Menk Company in the amount of $42,500 and authorizing the
Administrator to disburse this amount.
Mr. Sias: So move.
Mr. Hasan: Second.
Mr. Guilfoyle votes No.
Mr. Fennoy out.
Motion carries 8-1.
Mr. MacKenzie: And the last item would be a motion to authorize a resolution
settling all claims by Chris Shaw d/b/a Southern Arbor Tree Care for the amount of
$250,000 and authorizing the Mayor to execute settlement documents and for the Finance
Department and Administrator to disburse this amount.
Mr. Sias: So move.
Mr. D. Williams: Second.
Mr. Guilfoyle votes No.
Motion carries 9-1.
Mr. MacKenzie: That’s all I have, sir.
Mr. Smith: Anything else, Andrew?
Mr. MacKenzie: No, sir.
Mr. M. Williams: You’ve got one more, Mr. Mayor Pro Tem.
The Clerk: Item #1.
Mr. Smith: Okay.
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1.A Resolution supporting the Initiatives and Operations of De’Jour Innovative
Solutions, Inc. (Requested by Commissioner Fennoy)
Mr. Hasan: I make a motion to deny.
Mr. Sias: Second.
Mr. M. Williams: I make a substitute motion to approve.
Mr. Fennoy: Second.
Mr. Smith: Okay, Wayne.
Mr. Guilfoyle: Thank you, Mr. Mayor Pro Tem. Can we hear from Mr. Fennoy on this
issue since he put it on?
Mr. Smith: Yeah, go ahead, Bill.
Mr. Fennoy: Mr., Elder Ferguson is a active member of this community. He works
actively with the youth. He has letters of endorsement from the Governor of the State of
Georgia. He has letters from judges in support of his involvement with the incarcerated
population and he is actively trying to acquire some property from the Board of Education. The
resolution does not address the property he’s trying to acquire from the Board of Education. The
resolution addresses the work that he does in this community.
Mr. Smith: Okay, Wayne.
Mr. Guilfoyle: Thank you, Mr. Mayor Pro Tem. I would like to know how by
supporting this resolution, how it benefits us as a city or this gentleman Al Ferguson as an
individual. I mean I don’t see any, I don’t understand why we’re supporting his initiative and
operation, what benefit is it for him or for the city just to have the signatures on a sheet of paper?
Mr. Fennoy: Can I address that, Mayor Pro Tem? I think the benefit from the city is that
it decreases the pipeline to prison. What he does, the work that he does helps keep people from
going back to prison. What he does is teaches skills that would enable people to get out and get
a job, to be responsible and I think anytime we could keep citizens from being involved with the
law, that has an impact on our community. Anytime we could decrease the number of people that
reoffend and go back to the prison that has an impact on our community.
Mr. Smith: Commissioner Sias.
Mr. Sias: Thank you, Mr. Mayor Pro Tem.
Mr. Smith: I mean, excuse me, Commissioner Hasan then Commissioner Sias. I made a
mistake.
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Mr. Hasan: I’m hoping this adds something to Commissioner Guilfoyle’s question. It
was a great question. I’ve had an opportunity to talk to Commissioner Fennoy and Al Ferguson
about this. In terms of this government here we don’t question his good work, but we can’t attest
to something that we don’t know anything about. I don’t question the validity of the letters in
there as well. But I think for the purpose for which the resolution will be used for I think is not
good for us because it’s going to be used as leverage to support him in the eyes before the Board
of Education in terms of a piece of property that’s in question. There are several other entities
that are also interested in that piece of property. When we open up ourselves up in favor of one
of the other, what if the other entities that are interested in this piece of property come before us
and ask for a resolution as well so where do we end up at the end of the day? Also I think we
have an outstanding issue that we’re working with the School Board on and I know we as a
governing body, I think we can attest that sometime we get very testy when another
governmental entity when we’re asking their consent about something to get into what seems to
be their business, people take it personal. So we have some outstanding issues as well that I
think will do us more of a disservice than a service than getting involved in something for a piece
of property whether the value of the program is not and we’ve not been asked for that other than
the entity that has a vested interest. Like I say once again there are several other entities that are
interested in this piece of property and I think we do ourselves a disservice and it really doesn’t
add any value to us to get involved with that because I think all those other entities do admirable
work as well so I think it’s best that we just remain neutral on this. Thank you very much, Mr.
Chairman.
Mr. Smith: Commissioner Sias.
Mr. Sias: Thank you very much, Mr. Mayor Pro Tem. I completely support what
Commissioner Fennoy said about keeping folks out of prison and these kinds of issues.
However, for this body to give a resolution of support to someone who is trying to purchase
property from our School Board to me strikes of interference and that is the reason why, I know
Mr. Ferguson personally, I absolutely support what he’s doing, what his initiatives and objectives
are, but I personally cannot support this body giving him a resolution which will be used as my
other colleague said, as leverage in this particular property acquisition or attempt to acquire this
property. So that is my objection to that because we’re actually interfering in what another
elected body is attempting to do and sell that property. Thank you, Mr. Mayor Pro Temp.
Mr. Smith: Commissioner Marion Williams.
Mr. M. Williams: Thank you, Mr. Mayor Pro Tem. I’m really confused and that’s not a
hard issue to do but how can you be in support of somebody and what they’re doing, and they’re
not asking for any monies. They’re asking for a letter to just say we’re in support of his efforts.
Now the School Board’s going to make their own decision. If they decide they want to sell that
property to a, b or c, that’s up to them. But it just don’t make good sense to me for us to say we
can’t give a letter of support. If he was doing some illegal businesses or something like that, we
wouldn’t support that for any reason but if he’s doing a good job in trying to rehabilitate people
to get them back in the work force, what’s more valuable? The money if that’s what we’re
saying. It ain’t our money. Ya’ll are talking about another government so I don’t understand. If
we’re going to take from that part, but we are going to give a letter of support that we gave out
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many, many, many letters of support and that’s all we’re doing. I know Mr. Ferguson. I don’t
know his program as well. I heard about it, but anybody who’s trying to help people, we ought
to be about. This government ought to be about helping people. So I don’t have a problem
about giving a letter of support. Now if you want $2, that might be an issue with me. But if you
want my signature, I can do that on something that is good. So, Mr. Mayor Pro Tem, I call for
the question. We’ve had enough dialogue about it unless my friend want to do continue to talk.
We can do that too because I don’t want to cut nobody short. Love to cut me but I ain’t going to
cut them.
Mr. Smith: Mr. Fennoy had his hand up. Let me let him speak.
Mr. Fennoy: And just as information the resolution states that De’Jour is an organization
that offered advocacy, consulting and training and support to implement sustainable programs
for every individual to receive marketable skills for employment, be (inaudible) and create safe
communities. Focus is on maintaining programs to provide services to support the Georgia
Prison Reentry Initiative, Augusta Judicial Circuit Drug Court, Circuit Public Defender, Augusta
Judicial Circuit such as vocational training, education assessment, GED programs to real
planning, mentoring, cosmetology, culinary arts and group and individual counseling. Nowhere
in this resolution does it talk about property being purchased by the Board of Education.
Whenever we issue a resolution, we don’t issue resolutions with strings attached. We’ve never,
since I’ve been up here, issued a resolution with strings attached. If the other organizations that
are competing for this property, if they bring a resolution before the commission and they could
justify the work that they’re doing, I have no problem issuing a resolution in support of the work
that they’re doing. But to deny this resolution because you think that he may take it to the Board
of Education or you think that the Board of Education would be pissed off at us because we’re
interfering in its business is totally inappropriate and there is no justification to substantiate
whatever your rationale.
Mr. Hasan: I’ve talked to my colleagues. I’ve talked to Mr. Al Ferguson personally so I
know that’s what the letter will be used for. I think in being open and honest, Commissioner
Fennoy, you know as well that’s what the letter is going to be used for. You asked to modify the
letter at some point in time so that it would just modify the language and read just what you want
and I said to you ultimately would not the letter end up on the Board of Education desk you
concurred with that. So I think it’s a little misleading to say that you don’t think that’s where it’s
going to end up at. For sure if you don’t know it you assumed the same thing that’s where it’s
going to end up at. And so like I said with an outstanding issue that we have as a governing
body with the Board of Education, I commend those programs that you’re (inaudible). I don’t
know anything about them in terms of being implemented. I know nothing about them. But I
also know that there are several other entities that are probably doing the exact same, not the
same service but about a valuable service to this community. So my thing is that at the point in
time that we are, that we ought to consider very strongly that we don’t want to get into other
folks’ business from a governing body perspective and we know how that goes. We are elected
officials ourselves and we are very territorial and so I’m asking us now as a body not to support
this and I stand by that. I’ve talked to Mr. Ferguson and at the end of the day and I shared that
with him.
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Mr. Smith: Ms. Bonner, would you clarify that substitute motion before we vote on it?
The Clerk: Yes, sir, the substitute motion was to approve the resolution. The main
motion was to deny.
Mr. Smith: Okay, we’ll call for the vote for the substitute motion.
Ms. Davis, Mr. Sias, Mr. Hasan, Mr. Frantom, Mr. Guilfoyle and Mr. Smith vote No.
Mr. D. Williams abstains.
Motion fails 3-6-1.
Mr. Smith: Okay. We’ll now call for the vote on the original motion.
The Clerk: Original motion was to deny the resolution.
Mr. Fennoy and Mr. M. Williams vote No.
Mr. D. Williams abstains.
Motion carries 7-2-1.
Mr. Smith: Okay, any more business before us? We’ll switch over and get on to the
committees. Public Services is first.
[MEETING ADJOURNED]
Lena J. Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Called Meeting of the Augusta Richmond County Commission held on
October 13, 2015.
________________________
Clerk of Commission
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