HomeMy WebLinkAboutRegular Commission Meeting November 3, 2015
REGULAR MEETING COMMISSION CHAMBER
NOVEMBER 3, 2015
Augusta Richmond County Commission convened at 2:00 p.m., November 3, 2015, the
Hon. Hardie Davis, Jr., Mayor, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Sias, Frantom, M. Williams, Fennoy, D. Williams,
Hasan and Smith, members of Augusta Richmond County Commission.
ABSENT: Hon. Davis, member of Augusta Richmond County Commission.
Mr. Mayor: Good afternoon members of the Commission and members of the wonderful
City of Augusta Georgia. We do hereby call this meeting to order. The Chair recognizes
Madam Clerk.
The Clerk: Yes, sir, we ask that Rev. Melvin Ivey, Pastor of the Greater St. John Baptist
Church, please come forward to deliver our invocation. Please stand.
The invocation was given by Rev. Melvin Ivey, Pastor, Greater St. John Baptist Church.
The Clerk: Please join us in the Pledge.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Reverend Ivey, we want to thank you and commend you for your spiritual
guidance and civic leadership that both serves as an example as an example to all of our citizens.
Thank you for your service and God bless you. (APPLAUSE)
The Clerk: At this time we ask that Ms. Michelle Elam, our Interim Director of Human
Resources, to come forward to make recognition of our long term employees.
Ms. Elam: Good afternoon, Mayor and Commissioners, my name is Michelle Elam, your
Interim Human Resources Director. Today we’re happy to recognize our Years of Service
recipients. For the month of October there were 25 five to 20-year recipients and five 25 to 50
year recipients of which four are here this afternoon. With 25 years of service Ginny L. Sapp the
Tax Assessors Office. (APPLAUSE) Steve L. Strickland the Sheriff’s Office with 25 years of
service. (APPLAUSE) With 30 years of service Andrew Bolton the Solicitor’s Office.
(APPLAUSE) And with 40 years of service Linda S. Vrana the Tax Assessors Office.
(APPLAUSE) Once again, a big congratulations to our Years of Service recipients. Thank you.
(APPLAUSE)
DELEGATIONS
A. Mr. Moses Todd regarding transparency in government.
The Clerk: At this time we call your attention to the Delegation portion of our agenda
Mr. Moses Todd regarding transparency in government.
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Mr. Mayor: Mr. Todd, if you would once again state for the record your name and your
address ---
Mr. Todd: Yes, sir.
Mr. Mayor: --- and you have five minutes.
Mr. Todd: My name is Moses Todd. I reside at 2115 Noland Connector, Augusta,
Georgia 30909. Mr. Mayor and members of the Augusta Richmond County Commission, I want
to talk to you about transparency. I want you to know that none of this is personal, you know,
it’s a direction that I feel that we can improve in and that we need to go in so let me just start. In
our political subdivision transparent leadership is essential for good government and public trust.
Public trust and good government are essential to growth and progress. Our leadership had lost
public trust and I’m not just talking about leadership sitting here today I’m talking about
leadership over the years and maybe even when I was there to an extent sitting where you’re
sitting up on the sixth floor, by violating local laws and state law, by making official false
promises by misappropriating enterprise funds, by using Executive Sessions for political cover.
A lack of transparency breeds a corruption a culture of corruption, you know, and my suggestion
is I know that often I talk to Commissioners and they say well this is a new commission. And
that’s true there’s seven of the Commissioners that’s been elected in there new and others that
haven’t been around that long. So the Association of County Commissioners of Georgia,
ACCG, offers an Ethics and Transparency class or at least they did when I was there and I’m
sure they still do I didn’t call them to find out whether that’s still available but I’m sure it is the
Carl Vinson Institute of Government and the Municipal Association of Georgia. So either one
we go to we should be able to pick up that aspect of our transparency and ethics in government.
So I would suggest that the individuals that are still doing their classes, you know, if you haven’t
took that class I would make it a priority to get that class because it’s important. Sometimes
there’s things that not done or that we do it’s not purposefully done it’s because perhaps we
don’t know, you know, or we make mistakes. Mistakes is forgiven but when it becomes a
pattern then the assumption would be that’s it’s not a mistake. So I think it’s very important that
we take care of this. And I want to thank Commissioner Sean Frantom for his leadership in this
area in putting it on the agenda to discuss transparency, accountability, et cetera. That’s very
important to your citizens and your taxpayers. I’m a former commissioner so I may, you know,
have a bigger picture of you than the average person. You take a person that’s never served in
this government or has never worked on as far as committees, etc. citizens committees out there.
I talked to approximately 250 individuals a week out in the committee. Their perception is
somewhat different from what my perception is and I don’t want to pass on what they think but I
think it’s important that we get it right, that we use best practices and if there’s correction action
that needs to be taken that we take that corrective action. That’s very important; there should be
lessons learned and in talking to some of my Commissioners, the question that come up you
know what did you do when you were there or did you guys do this. And I’m going to be honest
with you and candid with you we made mistakes and we got our fair share of criticism. If you
can remember Bernie Starceski, you know, and Ira Davis and those individuals back in that day
that appeared at this podium where I’m standing and even prior to 1993 Moses Todd, you know,
criticizing the government. And I just feel that we need to do workshops we need to do
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something and I would suggest also a reading room for the public. You know we direct the
public to the social media, that’s good for the young folks. But individuals like me I’m closer to
70 than I am to 60 we’re not that savvy with the social media stuff. I’m just learning it but I
should be able to walk into a public library or to a county reading room and find an ordinance,
find information without having to do a request for information and paying a fee to get it when it
runs over what the state says that you give it to you free. I should be able to pick up a phone not
bog down your directors and your department heads but I should be able to pick up a phone and
obtain information without going through the Freedom of Information Act. And I can assure you
I don’t have a problem doing that. I’ve used it and I don’t have a problem paying for it if that’s
what this government wants us to do but we need to work on that. I was chasing down an
ordinance less than three months ago and I was directed, I looked up what’s required by law and
I went to the places where it’s supposed to be posted and looked and it wasn’t there. I contacted
the Clerk of Court and it wasn’t there. I was directed to the Law Library over at the Ruffin
Courthouse and it wasn’t there. I finally run it down in the Clerk’s Office. Thank you, Mr.
Mayor, for your time and for allowing me my time and thank you, Commissioners.
Mr. Mayor: Thank you. The Chair recognizes the Commissioner from the 1st for and
inquiry.
Mr. Fennoy: Yes, Commissioner Todd.
Mr. Todd: Yes, sir.
Mr. Fennoy: Just for, to clear my mind, has any of the members up here violated and
state or local law that you know of?
Mr. Todd: Let me put it this way that we had a, I think the state code calls for the budget
to be presented and it wasn’t. And I would think that if you was going to change that that the
Commission wouldn’t change it that if we’re talking about general law code and it’s just my
opinion you have legal advisors sitting over there. But my opinion is that you go to a Superior
Court judge and, you know, get it changed, you know, to get more time or whatever’s needed.
Mr. Fennoy: Have any of the present Commissioners made any official false promises
that you know of?
Mr. Todd: In my opinion the Board, it come from the dais there that and the
administrator, well, let me back up. Perhaps from the Administrator which is an agent of this
government that a markup or an estimate of whatever of the storm water fee would be on the
water bill the past water bill for October that did not happen. So in my opinion that was an
official false promise. And like I said, Commissioner, I said none of this was personal or
directed at anyone. You know we have problems and I think that we need to work to correct
those problems or take corrective action.
Mr. Fennoy: And my last two questions. Have any of these Commissioners
misappropriated any enterprise funds?
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Mr. Todd: The Environmental Services operates as an enterprise fund that’s your
landfill, okay? This commission, not previous commissions, this commission moved $900,000
dollars from Environmental Services enterprise fund to the housing well to demolish homes in
the Laney Walker district. I’m not arguing here that there wasn’t a need for the demolishing of
the homes but there was money in my opinion misappropriated. And I have a little knowledge
about this enterprise fund because I was around when it was set up and it went to Regional
Landfill. We had approximately a half billion dollar liability environmental liability we had to
work out and I spent a lot of time running from here to Atlanta with former Attorney Jim Walls,
the late Linda Beasley and certainly that enterprise fund ---
Mr. Fennoy: I just asked you for a yes or a no, that’s all I need.
Mr. Mayor: All right.
Mr. Fennoy: And my last question ---
Mr. Mayor: Commissioner, suspend.
Mr. Fennoy: Mr. Mayor, you know most of the people that I have talked to concerning
SPLOST VII, concerning storm water fee, they don’t have a problem with the storm water fee,
they don’t have a problem with SPLOST VII but what they do have a problem with is mistrust of
the Commissioners. And I asked them well where does the mistrust come from, what have we
done in order for you to mistrust us? And I keep getting feedback like this right here that stuff
that’s not documented that we are accused of doing that to me it doesn’t make sense. I believe
that if you’re going to make accusations against this commission then you need to be specific,
you don’t need to be talking in generalities and you need to say what those actions are that we
did so that those actions can be addressed. But the faux information out there to the public and
we can’t defend ourselves it just makes a bad situation and makes it difficult for this government
to grow. I think that in the future if anybody brings, having an issue against what was done they
need to be specific and they need to talk about it but just to come in and throw out generalities I
don’t think to me that’s totally acceptable.
Mr. Todd: Mr. Mayor, $900,000 dollars was not a generality ---
Mr. Mayor: Mr. Todd ---
Mr. Todd: Yes, sir.
Mr. Mayor: --- thank you so much for your time. We appreciate your passion for your
local government and for this city. We appreciate you sharing that and raising these concerns.
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The Commissioner from the 1 likewise I couldn’t agree with you more that if we’re going to
have these conversations they shouldn’t be scurrilous and general in nature they should be very
specific. Thank you very much. Madam Clerk, we’re going to move on with the business of the
people.
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The Clerk: Yes, sir. Mr. Mayor and members of the Commission I call your attention to
the consent portion of our agenda which consists of items 1-30, items 1-30. For the benefit of
any objectors to our alcohol petitions once those petitions are read would you please signify your
objections by raising your hand. I call you attention to:
Item 1: Is for an on premise consumption Beer & Wine License to be used in connection
the location at 873 Broad Street.
Item 2: Is for a retail package Beer & Wine License to be used in connection with the
location at 465 Highland Avenue.
Item 3: Is for an on premise consumption Liquor, Beer & Wine License to be used in
connection with the location at 2155 Gordon Highway. There will be Sunday Sales.
The Clerk: Are there any objectors to any of those alcohol petitions? Our consent
agenda consists of items 1-30 with no objectors to our alcohol petitions.
Mr. Mayor: Okay, here’s what I’d like to do. Before each of you you have some
additions to the agenda let’s get unanimous consent to add them. I would anticipate these items
that are on the request for addition will probably be included in the consent area as well so I’d to
get that I’d like to take action on that first and then we’ll get back to the overall consent agenda if
that’s okay. All right, the Chair will entertain a motion to have unanimous consent.
Mr. Sias: So moved.
Mr. Lockett: Second.
Mr. Mayor: All right. Okay, voting.
Mr. M. Williams: Mr. Mayor, are we voting to ---
Mr. Mayor: Add to the agenda, unanimous consent to add to the agenda the items one
and two from (inaudible).
Mr. M. Williams: Do we vote on that issue or just ---
Mr. Mayor: Well, you can just do roll call yes.
Mr. M. Williams: No, we don’t have to do roll call but if you’ve got unanimous consent
I’m just trying to figure out why we’re taking a vote if nobody objected it was added to the
process and we ---
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Mr. Mayor: Commissioner from the 9 you’re absolutely correct I couldn’t agree with
you more.
Mr. M. Williams: I’m going to go ahead and vote, Mr. Mayor, because everybody else
done voted.
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Mr. Mayor: Thank you, I appreciate you doing that.
Motion Passes 9-0.
The Clerk: Mr. Mayor and members of the Commission Commissioner, Mary Davis will
be absent from today’s meeting.
Mr. Mayor: All right so we’ve added these items now we’ll go back and entertain any
motions to add or remove from the consent agenda. All right the Chair recognizes the
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Commissioner from the 5.
Mr. Lockett: Mr. Chair, I would just if we could please agenda item number one that was
added to the agenda if we could I would like to get the Clerk to read it into the record.
Mr. Mayor: I would like to do that but I will ask that you pause on that.
Mr. Lockett: Okay fine.
Mr. Mayor: I think your resolution’s important enough for us to not only read it but if
there are any veterans in the audience let’s let them stand and recognize them as well. All right,
are there any motions to add or pull from the consent agenda?
Mr. Sias: Move to approve.
Mr. Lockett: Second.
CONSENT AGENDA
PUBLIC SERVICES
1. Motion to approve New Application: A.N. 15-54: request by Michael Anglin for an on
premise consumption Beer & Wine License to be used in connection with Pint Size Club
LLC d/b/a Dr. Unk’s located at 873 Broad Street. District 1. Super District 9. (Approved by
Public Services Committee October 27, 2015)
2. Motion to approve New Application: A.N. 15-55: request by Jack M. Deese III for a
retail package Beer & Wine License to be used in connection with The New York Butcher
Shoppe Deli located at 465 Highland Ave. District 7. Super District 10. (Approved by
Public Services Committee October 27, 2015)
3. Motion to approve New Ownership Application A.N. 15-56: a request by Tarang Patel
for an on premise consumption Liquor, Beer & Wine License to be used in connection with
the Holiday Inn Augusta located at 2155 Gordon Highway. There will be Sunday Sales.
District 5. Super District 9. (Approved by Public Services Committee October 27, 2015)
4. Motion to approve tasking the Administrator with having discussion regarding the
operations of the Augusta Film Office with Mr. Brad Owens, the Convention & Visitors
Bureau and the Mayor’s Office and bring a recommendation back to the Commission.
(Approved by Public Services Committee October 27, 2015)
5. Motion to approve a request by Katelin Hendricks for a Therapeutic Massage
Operators License to be used in connection with Katelin Hendricks LMT located at 461
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Highland Aven. District 7. Super District 10. (Approved by Public Services Committee
October 27, 2015)
PUBLIC SAFETY
6. Motion to approve an award of funding in the amount of $73,957.00 to the Richmond
County Sheriff’s Office from the Edward Bryne Memorial Justice Assistance Grant
Program. RCSO will purchase Conducted Electrical Weapons (Tasers) with this funding.
(Approved by Public Safety Committee October 27, 2015)
FINANCE
9. Motion to approve a Resolution authorizing the filing of an application for Fiscal Year
2017 Federal Transit Administration (FTA) Section 5303 Metropolitan Planning Grant.
(Approved by Finance Committee October 27, 2015)
ENGINEERING SERVICES
10. Motion to authorize condemnation to acquire title of a portion of property for right of
way (Parcel 052-0-049-00-0) 3802 Belair Road. (Approved by Engineering Services
Committee October 27, 2015)
11. Motion to authorize condemnation to acquire title of a portion of property for right of
way (Parcel 059-3-407-00-0) 1567 M.L. King Jr. Blvd. (Approved by Engineering Services
Commission October 7, 2015)
12. Motion to authorize condemnation to acquire title of a portion of property for
permanent easement (Parcel 069-3-079-00-0) 3420 Milledgeville Road. (Approved by
Engineering Services Committee October 7, 2015)
13. Motion to authorize condemnation to acquire title of a portion of property for right of
way (Parcel 059-4-092-00-0) 1526 Twiggs Street. (Approved by Engineering Services
Committee October 27, 2015)
14. Motion to authorize condemnation to acquire title of a portion of property for right of
way, permanent easement, and temporary driveway easement (Parcel 069-3-001-00-0) 3378
Milledgeville Road. (Approved by Engineering Services Committee October 27, 2015)
15. Motion to authorize condemnation to acquire title of a portion of property for right of
way and temporary construction easement (Parcel 024-4-079-00-0) 702 Aumond Road.
(Approved by Engineering Services Committee October 27, 2015)
16. Motion to authorize condemnation to acquire title of a portion of property for right of
way and temporary construction easement (Parcel 024-4-038-00-0) 705 Aumond Road.
(Approved by Engineering Services Committee October 27, 2015)
17. Motion to authorize condemnation to acquire title of a portion of property for right of
way (Parcel 053-0-018-00-0) 3629 Belair Road (Approved by Engineering Services
Committee October 27, 2015)
18. Motion to authorize condemnation to acquire title of a portion of property for right of
way (Parcel 059-2-559-00-0) 913 Wrightsboro Road. (Approved by Engineering Services
Committee October 27, 2015)
19. Motion to authorize condemnation to acquire title of a portion of property for right of
way (Parcel 059-3-406-00-0) 1546 Picquet Avenue. (Approved by Engineering Services
Committee October 27, 2015)
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20. Motion to approve payment in the amount of $520,605.50 to reimburse GDOT for the
bid amount to relocate AUD utilities in GDOT P.I. No. 245320 Windsor Spring Road Phase
5. (Approved by Engineering Services Committee October 27, 2015)
21. Motion to approve proposal from McKim & Creed to perform RFP 15-189 flow
monitoring analysis of the Rock Creek Sanitary Sewer Basin. (Approved by Engineering
Services Committee October 27, 2015)
22. Motion to approve allowing staff to proceed with obtaining cost estimates on the work
for the project relative to the Economic Development Subcommittee’s recommendation for
enhancements to James Brown Plaza. (Approved by Engineering Services Committee
October 27, 2015)
24. Motion to authorize condemnation to acquire title of a portion of property for
permanent easement (Parcel 069-3-079-00-0) 3420 Milledgeville Road. (Approved by
Engineering Services Committee October 27, 2015)
25. Motion to approve the installation of street lights in the Peach Blossom Pass location.
(Approved by Engineering Services Committee October 27, 2015)
26. Motion to approve recommendation to award Bid Item #15-192 Fiber Optic Supplies.
(Approved by Engineering Services Committee October 27, 2015)
27. Motion to approve awarding Bid #15-210 to Quality Stormwater Solutions in the
amount of $53,978.00. (Approved by Engineering Services Committee October 27, 2015)
PETITIONS AND COMMUNICATIONS
28. Motion to approve the regular minutes of the Commission held October 20, 2015 and
Special Called meeting of the Commission held October 27, 2015.
APPOINTMENTS
29. Motion to approve the appointment of Quincy Jordan to the Zoning and Appeals Board
representing District 4.
30. Motion to approve the reappointment of Mr. Peter Hughes to the Augusta Canal
Authority representing District 2.
PUBLIC SAFETY
37. Motion to accept the Criminal Justice Coordinating Council of Georgia Victim of
Crime Act Grant award in the amount of $35,261.00 with a required match of $8,815.00.
ADDENDUM
39. Resolution in support of Veterans. (Requested by Commissioner Bill Lockett)
40. Motion to approve the Year 2015 Annual Action Plan for Community Development
Block Grant (CDBG) Program, Home Investment Partnerships (HOME) Program,
Emergency Solutions Grant (ESG) Program, Housing Opportunities for Persons with
AIDS (HOPWA) Program. (Approved by Administrative Services Committee September
29, 2015) (Agenda item inadvertently left off agenda after 30-day public comment period)
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Mr. Mayor: All right the Chair recognizes the Commissioner from the 9.
Mr. M. Williams: I’d like to pull items 7, 8 and 23, Mr. Mayor, and if I can add too I’d
like to add ---
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Mr. Mayor: Okay, let’s get these 7, 8 and 23 you’d like to pull from the consent agenda.
Mr. M. Williams: If I can add number 38 to the consent.
The Clerk: 38?
Mr. M. Williams: Yes.
Mr. Mayor: I would rather you not do that.
Mr. Lockett: No, no.
Mr. Mayor: I know you’re going to have some discussion about it, Commissioner.
Mr. M. Williams: Fine, Mr. Mayor.
Mr. Mayor: It is your prerogative though the question it absolutely is. Thank you. All
right, so again we’ve pulled items 7, 8 and 23 from the consent agenda, Madam Clerk.
The Clerk: Yes, sir.
Mr. Mayor: Okay and you wanted to add okay all right so yes we’ll have some
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discussion about that. All right the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. If my colleagues does not have a problem if we
could add 37 on to the consent agenda, it’s a grant.
Mr. Mayor: Without objection, sounds good. All right, let’s hold off for a moment. All
right, Madam Clerk, I think that’s everything at this point.
Mr. Sias: Are we done, Mr. Mayor?
The Clerk: The consent ---
Mr. Mayor: Hold on just a moment.
Mr. Sias: Are we done with the pulling?
Mr. Mayor: Provided you are not giving me, okay. All right, I think we’ve received
everything to add or pull from the consent agenda at this time. Is that, okay?
The Clerk: It’s not listed but we’re adding item number one from the addendum agenda
to the consent agenda as well.
Mr. Mayor: That is correct.
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Mr. Sias: And item 37.
The Clerk: And item 37 is listed.
Mr. Mayor: And item two from the addendum.
The Clerk: You’re going to add that one as well?
Mr. Mayor: Yes ---
The Clerk: Okay.
Mr. Mayor: We are.
The Clerk: Okay, that will be our consent agenda would consist of items 1-30 with items
7, 8 and 23 being pulled for further discussion. Items number one and two from our consent
agenda, from our addendum agenda added to the consent agenda with item number 37. Motion
by Mr. Sias, second by Mr. Lockett. Are you ready to read the resolution?
Mr. Mayor: I am.
The Clerk: A Resolution in support of Veterans. Whereas the brave men and women of
our United States Armed Services have dedicated their lives to protecting this nation and its
sacred ideals of liberty, freedom and justice for all. And whereas the members of the United
States Armed Services deserves our utmost respect and support while in service to our country
and in their lives after their military service. And whereas the nation is greatly indebted to our
veterans for their dedicated service and sacrifice in the pursuit of something greater than
themselves with some paying the ultimate price in their pursuit. And whereas the Augusta
Georgia Commission expresses its deepest gratitude respect and admiration for those who have
selfishly served their country and their community. And whereas the Augusta Georgia
Commission acknowledges the contribution and the sacrifices of the veterans from Augusta
Georgia and the veterans who reside in Augusta Richmond County who have served in the
United States Armed Services who have protected the American way of life for countless others.
And whereas the Augusta Georgia Commission strives to continue its work with veterans to
provide the services resources and support that our veterans need and deserve. And now
therefore the Commission of Augusta Georgia hereby resolves to support acknowledge and thank
our veterans with the utmost gratitude and sincerity for their commitment to uphold the ideals of
freedom justice and liberty during a time of service and their continued devotion to the
protection of those ideals and the service to their communities after their military service has
ended.
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Mr. Mayor: Thank you so much Commissioner Lockett the Commissioner from the 5
thank you for your leadership in bringing this resolution forward. At this time if we would have
all of our veterans who are in the audience on today or those veterans who are on this dais would
you please stand that we might recognize you and applaud you for your service to this great
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country. (APPLAUSE) All right the Chair recognizes the Commissioner from the 5 for a
comment.
Mr. Lockett: Mr. Mayor, I appreciate the support I received in getting this resolution
before us today. Our veterans are so extremely important to this nation to the world for that
matter. Many of us have had many sacrifices that we had to make separation from family. Many
have had the ultimate sacrifice they’ve lost their lives and so forth but as a former Marine and
retired soldier I know what it’s about and if I could do it all over again I would because that is
definitely the best thing that could’ve happened to me. Thank you very much my colleagues,
Mr. Mayor, and those of you in attendance.
Mr. Mayor: Thank you so much for your service. The Chair recognizes the
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Commissioner from the 1.
Mr. Fennoy: Mr. Mayor, I’d also like to take this opportunity to thank Commissioner
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Lockett the Commissioner from the 5 for bringing our attention to the veterans. I think that
when I first came on this commission we had on Veterans Day we had we had a commission
meeting on a Tuesday but thanks to the leadership of Bill Lockett I think Veterans Day is now a
holiday and we don’t have to worry about the veterans that serve on this commission not being
able to attend veterans affairs because of a meeting. So he has taken an active role and I just
want to take this opportunity to say I appreciate the leadership that he has taken.
Mr. Mayor: Fantastic, fantastic. All right, Madam Clerk, I think we’re ready to vote.
Motion Passes 9-0. [Items 1-6, 9-22, 24-30, 37, 39, 40]
The Clerk:
FINANCE
7. Motion to approve budget amendment to fund temporary staffing in the Planning &
Development Department. (Approved by Finance Committee October 27, 2015)
Mr. Mayor: Okay, hold on just a minute. The Chair recognizes the Commissioner from
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the 9.
Mr. M. Williams: Thank you, Mr. Mayor. I just wanted some understanding of exactly I
mean we know we’re in budget season now but exactly what would this amendment do if we
approve the amendment to this budget? Is that something we need to do at this late date getting
close to the end of the year? I mean I’m trying to figure out how necessary is this amendment
for additional staff personnel at the end of the year like this. I guess I’m trying to get some
clarity on it.
Ms. Wilson: Commissioner Williams, we have been working with the Finance
Department, we knew that this was going to be something that would have possibly been an
issue and it was at their suggestion that we wait until this point in time to ask for the budget
amendment. I will say that at the beginning of the year which is when we had the biggest
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increase for the first couple months with some of the new collection requirements, new
collection standards that we put in place. The volume was up with regards to what we needed to
provide services to the people who were trying to pay their bills and the people we needed to call
to pay their bills. As an example of the success of us having that temporary staff January of this
year we, January of last year we collected a hundred, $1,189, $18.00 dollars and 90, 981 excuse
me one-million one-hundred eighteen dollars and some change. This year we collected $1.9
million dollars so having those additional folks helped us generate additional capacity to collect
and implement the new policies that were put in place.
Mr. M. Williams: Thank you, Mr. Mayor, but and I’m looking at temporary staff I guess
what we’re using and it is budget season now and I guess that brings the question to my mind
what are we really going to need for this department I guess if this is done to collect and we need
to collect. A lot of people ain’t paying but a lot of folks can’t collect it. So I’m just trying to
figure out whether or not that’s an item that I guess our Administrator needs to help me
understand because I understand what you’re saying about getting the additional staff to help but
it’s budget season now. Madam Administrator, can you help me understand it a little better? I
mean I heard what our director said but I still don’t.
Mr. Mayor: Thank you, Commissioner, let me I think I might be able to help. Director
Wilson, is it not true that these positions were expected to be funded through savings and
operating expenses initially?
Ms. Wilson: From the standpoint of the temporary help that’s correct, that was the
expectation.
Mr. Mayor: And in this case you’re only requesting that lapsed salary be used to fund
these temporary staffing positions?
Ms. Wilson: That’s correct, we’ve got plenty of money in our current budget to take care
of these temporary positions.
Mr. Mayor: And is it also not true that you’re only asking to transfer funds from salaries
and wages to temporary staffing?
Ms. Wilson: That’s correct.
Mr. Mayor: Okay.
Mr. M. Williams: Thank you, Mr. Mayor, that does helps me a lot because the requests
that I’ve been receiving the people that I’ve been talking to about other lapsed salaries have the
same issues and the same needs and then we hadn’t done that. So number eight is going to talk
about ---
Mr. Guilfoyle: So moved.
Mr. M. Williams: --- accountability.
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Mr. Mayor: Everybody suspend. I appreciate the Commissioner from the 8 but the
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commissioner from the 9 still has the floor. I want to make sure to give everybody enough
time.
Mr. M. Williams: And the reason I asked that question, Mr. Mayor, because they’ve got
other departments who have lapsed salaries and needing some stuff done. I mean Mr. Todd just
talked about accountability just talked about what Mr. Sean Frantom put on the agenda. And I’m
asking how can you be accountable in one aspect and not in another one? But I’m not opposed,
I’m just saying if it’s right if it works it ought to work for everybody. Ought not work for certain
that decide who I come up with and nobody else did. Other people have been requesting the
same identical thing so if we’re going to do this, let’s do it.
Mr. Mayor: I couldn’t agree with you more, Commissioner, and I think that the
explanation there answers your question that this is just transferring existing dollars from one
code to another essentially being able to get it done that way that’s what’s happening. So no new
dollars are involved. I think you should be pleased with that and the general public will be
pleased as well.
Mr. M. Williams: I think I am, Mr. Mayor, I just want everybody served with the same
spoon. Don’t give me no spoon with no hole in it. I mean if it’ll work it’ll work in other
departments as well so let’s do that now I’m in agreeance if it’ll work but there are other lapsed
salaries that can be used in this government and people needing the help and not being able to get
it. But then when some people can put it together and bring it, then it sounds good. It’s not like
we did a big favor we ain’t doing no favors.
Mr. Mayor: Right.
Mr. M. Williams: I mean the money’s still in this government.
Mr. Mayor: I understand, I need a favor myself. The Chair recognizes the Commissioner
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from the 8 I’m coming back to you.
Mr. Guilfoyle: Yes, sir.
Mr. Mayor: I’m recognizing you now.
Mr. Guilfoyle: If Mr. Williams is finished, I’d like to make a motion to approve.
Mr. Sias: Second.
Mr. Mayor: Very good, thank you, Commissioner. We’ve got a motion to approve and a
second. Voting.
Motion Passes 9-0.
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The Clerk:
FINANCE
8. Motion to approve Policy for Accountability and Transparency in dealing with SPLOST
projects. (Approved by Finance Committee October 27, 2015)
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Mr. Mayor: The Chair recognizes the Commissioner from the 7.
The Clerk: Mr. Williams pulled that.
Mr. Mayor: I know you did but it was your item you might want to say something about
it.
Mr. M. Williams: I thought I pulled it, Mr. Mayor ---
Mr. Mayor: You did.
Mr. M. Williams: --- whether I did or not so I thought ---
Mr. Mayor: Okay.
Mr. M. Williams: I mean I don’t know how this thing works no more. I know how it
used to work but, Andrew, I won’t put it on there I’ll just wait until somebody else ---
Mr. Mayor: All right, the Chair recognizes ---
Mr. M. Williams: --- and go back ---
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Mr. Mayor: --- the Commissioner from the 9.
Mr. M. Williams: --- thank you, sir. Now we talk about accountability with SPLOST
and how can you hold SPLOST accountable but not hold everything else accountable. If we’re
going to have accountability it ought to be across the board. Again I just said in a previous
statement, Mr. Mayor, I think SPLOST ought to be held accountable but not just SPLOST if it
affects this government. Mr. Todd again had to come up and talked about some things that’s
perception maybe but we focus on just the SPLOST then what about the other revenues, the
other monies, the other entities in this government? So I’m in agreement with Mr. Frantom but I
just think if we’re going to talk about accountability let’s don’t specify SPLOST and let
everything else go to the dogs.
Mr. Fennoy: Motion to approve.
Mr. Sias: Second.
Mr. Mayor: We’ve got a motion and a second to approve. Voting.
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Motion Passes 9-0.
The Clerk:
ENGINEERING SERVICES
23. Motion to approve five year lease to upgrade Utilities Department GPS Equipment in
the amount of $119,879.40. (Approved by Engineering Services Committee October 27,
2015)
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Mr. Mayor: The Chair recognizes the distinguished Commissioner from the 9 the
Engineering Services Chair.
Mr. M. Williams: Ms. Bonner, you see how things change, I’m distinguished now, things
change like the wind. But anyway my question is, Tom, my question is can we do a five year
contract? Can we bind another elected body that comes on with the five years? I just, I don’t
have no problem with this contract, I don’t have no problem with who getting my only question
is can we do a five year contract to bind another elected body that comes on within that time,
anybody.
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: That is permissible under current Georgia law, yes.
Mr. M. Williams: So moved then, Mr. Mayor.
Mr. Fennoy: Second.
Mr. Mayor: You know I love my attorney. I was going to say it. That was a recent law
that we helped change.
Mr. M. Williams: I’m glad it changed because at one point you couldn’t do that, Mr.
Mayor ---
Mr. Mayor: True.
Mr. M. Williams: --- so I’m learning as I go. I’ve been around these attorneys now and I
know what they do.
Mr. MacKenzie: I consider that a compliment.
Mr. Mayor: That is a compliment.
Mr. Sias: And the reason ya’ll changed that law, Mr. Mayor, because you found out it
was hamstringing the government from operating.
Mr. Mayor: It absolutely was.
15
Mr. Sias: That was the problem.
Mr. Mayor: That was the problem.
Mr. Sias: I appreciate ya’ll taking care of that. Can we vote?
Mr. Mayor: Very good. Voting.
Motion Passes 9-0.
The Clerk: I believe, Mr. Mayor, we’re at the regular portion of the agenda.
Mr. Mayor: And?
The Clerk: And, Mr. Mayor, members of the Commission, Commissioner Mary Davis
who’s out of the jurisdiction today has requested that she be allowed to vote on this particular
item through telephonic participation as allowed in OSHA 50-14-1. So once we’re in place to
vote I will get Commissioner Davis on the phone so that she can cast her vote regarding this
matter.
Mr. Mayor: I don’t think there’s any objection to that, Madam Clerk. I’ll tell you what,
why don’t we do this. Why don’t we let that, why don’t we go to the next item on this agenda
and we’ll come back to that one.
The Clerk:
ADMINISTRATIVE SERVICES
32. Update from the General Counsel regarding the request for information (10/13/15) for
a list of attorneys working for the various ARC Boards, Authorities and Commissions. 1)
how they were hired 2) how long they’ve been there and 3) total amount paid in
compensation. (Requested by Commissioner Marion Williams)
33. Update from the General Counsel regarding the request for information relative to the
compensation paid to the various ARC Boards, Authorities and Commissions and by what
authority. (Requested by Commission Marion Williams)
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor, I didn’t know if one of those lawyers was
going to go to talking or not just then I looked down there but I asked for this information and I
did get something on the dais when I came in and sat down, I didn’t get any previous
information. But maybe Mr. Andrew can enlighten this body on the stuff he did not provide
earlier to tell us exactly and answer those one, two and three questions that’s on that.
Mr. Mayor: All right so let me draw everybody’s attention. On the podium in front of
you, you have a document labeled draft. You have actually two you’ve got a gold draft and a
green draft. And if you’ll direct your attention to both of those documents at this time.
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Mr. M. Williams: Mr. Mayor, can I have a point of order?
Mr. Mayor: Yes.
Mr. M. Williams: You know when I requested this information I didn’t request a draft
and I didn’t request for it to come on this dais and be handed to me when I sit down. I need the
time to look through it or to sift through it as my grandfather would say to make sure that I
understand it. And I received two different drafts like you said when I sat down likewise like my
colleagues. But this thing was asked for in plenty of time to be able to have the resources and
the monies that have been paid out to have this stuff sent to us with our normal packet and that
doesn’t happen. Anytime I’m given something on this dais I lay it on the side because I’ve got
other things that I’ve got to focus on to do and not go through something that somebody’s getting
paid a heck of a lot more money than I make to put it together and then can’t give it to us at the
moment and that’s confusing to me. So I understand but I’m not going to try to ---
Mr. Mayor: Okay, let me ---
Mr. M. Williams: --- just do that I just need ---
Mr. Mayor: --- I understand ---
Mr. M. Williams: --- some clarity.
Mr. Mayor: --- all right so let me draw everybody’s attention to another document. I
believe this was transmitted on last week and this is information and it’s similar in nature I
believe regarding the Authorities, Boards and Commissions. This was transmitted on last week
and each of you should’ve received a copy of this. And I believe it is similar if not the same
information, I received a copy of it as well. In light of your concern, Commissioner, would it be
prudent then to give everyone more time that we refer these back to committee, that way you’ve
got sufficient enough time to review it and then at our next meeting we can discuss it in the
appropriate setting. Would you approve?
Mr. M. Williams: And that’s going to stand with item 32 and 33?
Mr. Mayor: Yes sir, yes sir, that’s my suggestion.
Mr. M. Williams: So it didn’t do me very much good to ask for this information. I’ve
got no problem because that’s all we can do really. I mean there’s no way we can digest this
now so the only fair thing to do the proper thing to do would be to send it back to commission.
Hopefully the draft will be undrafted and look at the document that you have now to see whether
or not the attorney has gotten, I don’t know you go back to this accountability thing that Mr.
Todd talked about and I’m glad he’s still here but I just don’t think we’re holding everybody to
the same standards. I’ve got no problem, Mr. Mayor, that’s all we can do.
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Mr. Mayor: Okay, all right so I think in all fairness this is what I’m going to do. I’ll
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receive the Commissioner from the 4. All right I’m going to give the Commissioner from the
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4 and opportunity but I’m also going to give the Attorney an opportunity to at least speak to the
documents that are before you. And then I’m going to ask for a motion to refer back to
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committee. The Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, Mr. Mayor. With all due respect that was about what I that was
just what I was about to do.
Mr. Mayor: Okay.
Mr. Sias: So ---
Mr. Fennoy: Second.
Mr. Sias:
--- if we can just move along with that and the Attorney can address it if you
Move to send this back to ---
don’t mind at the appropriate time as well.
Mr. Fennoy: Second.
--- committee.
Mr. Sias:
Mr. Mayor: All right, I’ve got a motion and a second. All right I see the Commissioner
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from the 6.
Mr. Hasan: Yes, Mr. Mayor, thank you. Mention your comment you just made about
allowing the attorney I think hoping you will honor and respect Commissioner Sias’ request not
to allow him to start talking about it because it will open the door for questions. So if we’re
going to address it next week we’ll address it at that time if you don’t mind, Mr. Mayor.
Mr. Mayor: I don’t mind at all; I’m okay with that too.
Mr. Hasan: Thank you, sir.
Mr. Mayor: All right I’ve got a motion and a second to refer back to committee. All
right, without objections. Voting.
Motion Passes 9-0.
Mr. Mayor: All right and again that was item 32 and 33.
The Clerk: Yes, sir.
The Clerk:
ADMINISTRATIVE SERVICES
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34. Motion to readopt resolution relative to the recertification of Augusta, Georgia in the
Georgia Municipal Association’s Certified City of Ethics Program. (Requested by Mayor
Hardie Davis, Jr.)
Mr. Lockett: Move to approve.
Mr. G. Smith: Second.
Mr. Mayor: I’ve got a motion and a second to approve. The Chair recognizes the
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Commissioner from the 9.
Mr. M. Williams: Mr. Mayor, exactly what is this re-adoption supposed to do? I mean
tell me if I count the times that I’m done this one I probably ought to be able to teach a class but
just tell me what will this do, what effect this has?
Mr. Mayor: What effect does this have?
Mr. M. Williams: To readopt something we done adopted three or four times at least if
not more but.
Mr. Mayor: Well, you being the sages that you are I will tell you that every year the
Georgia Municipal Association asked for cities to recertify City of Ethics and that’s what this is
an annual recertification. And I think it’s been adopted in previous administrations and now
2015 we want to adopt it again that’s it’s ready for 2016. I think again I’d like to defer if I may
to Madam Clerk, can you just speak to this for a moment?
The Clerk: Yes, sir.
Mr. Mayor: Thank you.
The Clerk: In 1999 the Augusta Commission started the proceedings to apply for a
Certificate of Certification through the Georgia Municipal Association City of Ethics Program.
In 2000 the city was awarded the status and distinction of being a Certified City of Georgia. In
2011 I believe, we were asked to be recertified, we had to adopt an ethics ordinance and submit
that along with this same resolution agreeing to the five principles that are listed in the
resolution. In order to be recertified the Commission has to readopt the resolution certifying that
we’re still in compliance with the five principles that’s stated in the resolution. We did that in
2011 and again regained recertification. GMA notified Mayor Davis that we were now in line to
be recertified and if we wanted to continue the status of participating in the Georgia City’s
Certification Program we would have to go through the process of readopting an ordinance, this
resolution I’m sorry, this time they’re asking that each member of the Commission sign the
resolution so that’s different from our previous recertification. So in essence, Commissioner
Williams, it’s something we started back in 1999 that we’ve been fortunate enough to continue.
Mr. M. Williams: And I’ve got no problem, Mr. Mayor, I’m in agreement but what does
that do Ms. Bonner that helps us get any grants any special favors. I mean I just need to know
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what does that, how does that help us I guess is what I’m saying. And I’ve got no problem, Mr.
Mayor, I’m in support I just need to know is that something that ---
The Clerk: It looks good on our city’s resume.
Mr. M. Williams: --- oh it looks good.
The Clerk: It won’t hurt us let me just say that and if it would do anything it would
probably help but and not to be flippant with you and I apologize if I sounded that way.
Mr. M. Williams: I just need to know I mean it sounds like we’re doing all this official
stuff that we need to do and we talk about accountability and I think the Mayor’s been leading
that but if that was a significant reason why we was doing it because GMA is going to do
something or ACCG was going to do something but because it looks good we’ll do it. So
moved, Mr. Mayor.
Mr. Mayor: All right, so let me add this to it as well. Under tab 34 in your books and
I’ve got two hands that are up it not only causes us to look good but let me tell you what else it
does. Just a moment ago you voted on item 8 in the agenda that said public you can trust us
because we’re putting in measures that demonstrate and further firms that you can hold your
government accountable, we’re open, we’re transparent. The second piece to that is as a
government we’re not ethically challenged but we’re demonstrating we’re helping to lead the
way as a local government. Under tab 34 it says that we’re here to serve others and not
ourselves, it says that we use resources with efficiency and economy. It also says that we treat
all people fairly it doesn’t matter what side of the tracks you came from whether you grew up
under the bridge. And then of course we use the power of our position for the wellbeing of all
our constituents, one Augusta. And we create an environment of honesty, openness and
integrity. You, Commissioner, I believe helped lead the way in that and I applaud you for that.
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The Chair recognizes the Commissioner from the 1 and then the Commissioner from the 8 to
close us out.
Mr. Fennoy: Mr. Mayor, I just want to know for the sake of the audience of the five
principles to be read which you just did and I hope that the citizens in the audience heard the
principles and this is what I try to go by and I think all of my colleagues do also.
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Mr. Mayor: I do as well. The Chair recognizes the Commissioner from the 8
Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Mayor, you know I heard Madam Clerk
speak about the status and distinction that is being recognized from the GMA. Ever since I’ve
been on the floor I’ve always went down to Savannah which is within driving distance easy to
get to. But we have built this TEE Center three years ago and with us supporting ACCG as well
as the GMA I would like to see if a letter could be written to both of these parties to say hey,
come to our city one time let them explore what we have to offer and let’s do our classes here. I
don’t know if it’s, I mean if it’s possible but it’ll be worth a try.
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Mr. Mayor: The Chair recognizes the Commissioner from the 5 Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Mayor. In reference to what my colleague just indicated
we can get the Georgia Municipal Association and the Association of County Commissioners of
Georgia to have their training here but we need to have greater support from our elected officials
here because it’s a shame to convince them to come when we have people that drive miles and
we only have one person to participate. But the Mayor and I are both on the board with the
Georgia Municipal Association and this is something that we can work on, I know I will
diligently to bring the training here if we can get the support of the governing body. Thank you,
Mr. Mayor.
Mr. Mayor: Thank you sir, thank you, Madam Clerk. All right we’ve got a motion to
readopt the resolution and we’re voting.
The Clerk: And, Mr. Mayor, for the record Georgia Municipal Association has held
training courses here in Augusta so Mr. Guilfoyle your request is in line, we can ask again.
Mr. Guilfoyle: Thank you, ma’am.
Motion Passes 9-0.
Mr. M. Williams: I shared that with Mr. Frantom Ms. Bonner and I didn’t want to date
myself but he told me that had took place here so we have been privileged to do that.
Mr. Mayor: All right.
The Clerk:
ADMINISTRATIVE SERVICES
35. Discuss and review a comprehensive salary analysis of all Department Directors.
Approve course of action to be taken to eliminate possible pay inequalities within Augusta.
(Requested by Commissioner Bill Lockett)
Mr. Mayor: All right the Chair recognizes the Commissioner for a motion.
Mr. Lockett: Thank you, Mr. Chair. Mr. Chair, I would like to delete this item
from the agenda because other actions have been taken that satisfy my initial requirement.
Mr. Sias: Second.
Mr. Mayor: Voting.
Mr. Fennoy: I have a question.
Mr. Mayor: We’ve got a motion and a second and ---
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Mr. Fennoy: I have a question.
Mr. Mayor: --- I know, I know. All right you wanted to ask me that one in my ear?
Mr. Fennoy: I just want to know what action’s been taken.
Mr. Mayor: The action’s that’s been taken is that’s an item that’s being worked on by
our Administrator and her staff right now and they’re going to be coming back to us with a full
analysis.
Mr. Fennoy: All right, I can deal with that.
Mr. Mayor: Absolutely.
Motion Passes 9-0.
Mr. Mayor: Thank you.
The Clerk:
PUBLIC SAFETY
36. Review the Augusta Emergency Management Plan to ascertain whether adequate
preparations are in place to effectively deal with catastrophic weather events such as those
that devastated communities in South Carolina. Discuss lessons learned and elaborate on
whether changes to the Augusta Plan are warranted. (Requested by Commissioner
Lockett)
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Mr. Mayor: The Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Mayor. After the tragedies’ event in South Carolina I
began to think about the ice storm that we had here and some of the turmoils that we had in
dealing with it and I just thought it might be good for the governing body and the community at
large to get some kind of ideas as to what our Emergency Management people would do and
lessons learned from what happened in South Carolina. And I think the Chief being prepared to
make a brief presentation on that.
Mr. Mayor: The Chair recognizes Fire Chief James for a presentation.
Chief James: Mr. Mayor and Commissioners, what I want to do is give a brief overview
of what actions we did as a government in October to prepare for the rains that came through and
the same storm that affected Columbia and then advise you on how we were prepared and what
changes what we are going to try to implement you know based on what we learned. It is the
mission of the EMA to provide a comprehensive and aggressive emergency preparedness
response and recovery program for the citizens of Augusta Richmond County in order to save
lives, protect property and reduce the effects of disaster. The purpose of this quick briefing is to
provide an overview of the October Flood Preparations and the lessons learned. Starting on
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September the 28 EMA staff started evaluating the weather looking at the weather meeting each
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day to talk about when we thought it might get to us and how we react to it. On October the 1
city departments were notified, the city departments and the non-governmental partners were
requested. We talked to them and said can you get your equipment ready, can you get your staff
ready? This is coming up and put your personnel on standby and make sure your equipment is
ready to go. At that time the National Weather Service had predicted that we would get six
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inches of rain on October the 3 and we would get five inches of rain on October the 4. On
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October the 2 we had a conference call with GEMA. GEMA, the state was concerned about
two locations in Georgia, one was Athens they had a big football game that weekend the other
location was Augusta, Georgia. The reason why they were so concerned about us because of the
rain that was hitting North Carolina, South Carolina they were concerned about the Duke Power
dams in North Carolina and the water that it would release coming downstream. And when
those dams get overfilled up top of course they release water from Thurmond Dam. And once
they release water there it has an effect on us in Augusta. When this happened last summer they
released 30,000 cubic feet of water at one time and our Riverwatch flooded and our boat docks at
Lock and Dam flooded out. And so that’s what they were concerned was based on the amount of
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water that was coming. Also we met on October the 2 with city departments and our
nongovernmental departments and discussed in preparation for what we were going to do for that
upcoming weekend. At this time the National Weather Service was predicting eight inches of
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rain on October the 3rd and four inches of rain on October the 4. This is important and this is
critical as I was discussing with our Utilities Director ten inches of rain in one day in the city of
Augusta is a problem for our canal, it is a problem. So you can see once it started to hit eight
inches not being able to predict what Mother Nature will be doing we were kind of concerned
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when we got that forecast from the National Weather Service. In our October the 2 meeting we
had 40 people attend, the city departments were represented including the Mayor’s office was
represented and the Administrator’s office was represented and all of the city departments. The
Board of Education participated, the Georgia Department of Natural Resources, Law
Enforcement participated, the Savannah River Keepers, these are our nongovernmental partners
the Savannah River Keepers, Red Cross and public health. We discussed equipment that would
be available based on the type of event that we thought we would have to address so we talked
about boats, the John boats and other boats that we had between our department, Utilities
Department and the Department of Natural Resources that we would use for rescue. One good
thing I thought we had in this event was the last big flood we had was in 1990. We had several
employees that were still working with us now that were here in 1990 so you had a base of
reference of what types of things that we may need in this type of flood. So we discussed life
jackets, ropes, trucks, trailers, buses for evacuation. We also indentified the shelters that we
would use if we had to evacuate our citizens that live in the low lying areas, where would we put
them. We identified Warren Road Community Center, Diamond Lakes Community Center and
Brigham Center, Brigham Community Center. We also identified that the Mack Lane for the
animal control would be used for pet shelter so for those who had pets that needed to move they
would accept those at Ms. Brody’s place on Mack Lane. Some of the major highlights from that
meeting Engineering, GIS, and Planning and Development identified areas that flooded regularly
and they produced the GIS map that showed us those areas and what would take place if water
were to flood in those areas. IT created a page on the website with community information. And
Utilities and Engineering prepared to shut down the head gates and close off any breaches that
we have in our levee. The EMA had a conference with the Corps of Engineers about Thurmond
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Dam and the lake levels basically how much water were they releasing so that it would have an
effect on us and so that we could prepare. What we did last summer is when they released the
water as the water raised we picked places out on the bridges and other things to mark so that if
they tell us they’re releasing 30,000 cubic feet of water at one time we could go look at the river
and tell where we marked it and kind of give us an idea of what that could possibly do again if it
happened. And also 311 phone banks were placed on standby so our 311 Department was on
standby for the weekend as well so if we were to get that weather they would come on in so that
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they could start taking citizens calls. Also on October 3 and 4 response on the 3 we opened
the emergency operations center at 8:00 that morning with EMA staff. At this time the National
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Weather Service had predictions reduced to two inches of rain on October the 3 and one inch of
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rain on October the 4 so we all know those of us who were here on that Saturday all the rain
that we expected and prepared for did not come through. The ELC scaled down about 2:00
o’clock that afternoon and then we just monitored conditions the rest of the night. We advised
our 911 staff that if they start receiving to notify the EMA office if they would start receiving an
increased volume of calls or they start getting calls of flooding that would take place in any
particular area. The EMA staff continued to drive throughout the night, we did a couple of drive
through’s at places that we know flood normally to see that they still. Even though we didn’t get
all of that rain we did have a continuous flow rain all of that day so that night we rode a couple
of different spots that we know typically flood just to check and see how things were going and
luckily that night we turned out well. Some of the preparations and I had stated this number
wrong earlier but the Richmond County Board of Education at their Career Magnet School right
off of Bobby Jones for evacuation purposes they had lined up 165 Richmond County School
buses were on standby for us that weekend in case we had to move the citizens out of the low
lying areas to get to some of the shelters that we had set up. The Augusta Transit buses and
drivers were on standby. EMA to continue to monitor the river levels and speak with the Corp of
Engineers at Thurmond Dam as we discussed trying to assure how much water that they were
releasing. That was the big concern because of the amount of water that North Carolina and
South Carolina was getting. Also after we kind of knew we were out of the weather GEMA had
reached out in their attempt to assist South Carolina. They asked any of our local counties about
shelters we could use in case South Carolina people needed to evacuate. And so after I discussed
with the Administrator and we used Warren Road Community Center we made it available for
any evacuees that were coming from South Carolina. We did not get any but the center was the
Recreation Department put people on standby and we were prepared. Due to the amount of rain,
due to the release and the rain the Burrell Boat Ramp at the lower lock and dam was closed for
two days because that boat ramp did flood so you could not use that. We did close that for a
couple of days. Lessons that we’ve learned. We really feel that this, we took a varied team work
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approach to this and when we had the meeting on the 2 we had a good turnout at the meeting
and we really left that meeting informed and felt like we were prepared to move forward and
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address what other issues may have come up that weekend. Stream gauges at the 5 Street
Bridge need to be replaced. It is a cost but the National Weather Service and the National
Geological Survey have a system where they can read your stream gauges and they do it all over
the place. And we can go on their website now and they can identify in different counties how
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many stream gauges and what level those gauges are. We need to make sure that ours on the 5,
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this is a lesson that we learned that ours that we had at the 5 Street Bridge is replaced. It is a
maintenance cost to that as of $25,000 dollars a year. We need an evacuation and education
program. We need it for communities around the Level One dams in Augusta Richmond County.
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We have six Level One dams in Richmond County a Level One dam is considered a dam that if
it breaks it can be life threatening to people, to citizens that live in your community. These dams
are inspected each year by the USGS and when there’s issues that come up they inform us that
these are your big dams, we have six. One of them is the Olmstead Lake dam and Wrightsboro
Road dam are two of them that are big dams that they inspect. We need to do some education
for our citizens that live in that area in case of some type of flooding dam breach, dam break that
they’re prepared and know what to do. The radio system needs to be upgraded for Utilities and
Engineering. As you’ve heard from you know from Public Safety that they need the radio
update. One of the things that has to be considered is if the radio system if we’re fortunate
enough to upgrade the radio system Utilities also uses that radio system for emergencies and
Engineering also uses that and they have radios that will have to be updated as well. Locations
needed to be identified for central government offices and relocations talking about coup of
continuity of operations plan which would be a plan we’re going to try and bring in front of the
Commission shortly. And this is what does our government do when we are you can’t use this
building, you can’t use your other government facilities where would we move them to. We
need to work on our levee breaches and practice and make sure we’ve got personnel that know
how to close those breaches. We need a local inspection program to make sure we’re inspecting
all of our small dams, upgrade our EMA Notification Plan and the Fire Department needs
additional, we’re looking at additional boats additional sand bags and life jackets for this type of
event. Some of the other information or some things that we discussed with Utilities, two major
departments when you’re dealing with flooding is the Utilities Department and the Engineering
Department. Like I said if you get too much water you will have to close off the canal, the canal
is where we get water from. I do think that we have one of the best water systems in the state.
We have the ability, if we shut off our canal that we can pump water directly from the river. That
was one of the issues that our neighbors in South Carolina had and had difficulty addressing
because they pull their water off of the canal. We are prepared for that. Another thing that our
water system as it is as you know in the past before the Max Hicks Center South Augusta was
fed off of wells. We still have those wells and they’re still operational, can still be used to pump
water throughout the city so if something was to happen that we couldn’t use the river water we
still have ways of providing citizens with water. Some of the things with Engineering like I said
practice closing the breaches. We have to rent a crane to bring them in to help to close those
breaches. We need to make sure that all of our employees that work in that area are familiar with
that and how to do that. Also all the bridges are inspected to assure, all the bridges are inspected
by DOT, we have seven bridges that are due for repairs, 33 rain gauges and the stream gauges in
a long term plan as far as the stormwater fee is to replace some of those river gauges those
stream gauges and rain gauges to help us know when we are flooding. As we said we’ll be
coming in 2014 the government passed a local emergency operations plan, a volunteer
management plan and a debris management plan. We have completed an S.O.P. for inclement
weather, May Park and Blythe Community Centers are generator ready. Mr. Wymberly and his
department have hooked up the wires so we can pull off the generators to those departments and
use them. The next two that are on the list are Brigham Center and Warren Road Community
Center will be wired up as well. And we have a couple Mass Casualty Plans, coup and
emergency ordinances that we’ll be bringing to you shortly. And then there’s an inventory of
emergency equipment that has been completed and that is on your request anybody that wants to
particularly see that list we will furnish that list and in the sake of time we won’t keep going but
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we have a list of all the emergency equipment, snow plows, sand, all the different equipment that
we can provide to you upon your request.
Mr. Mayor: Thank you, Chief James, for your presentation. I think we do have an
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inquiry from the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. Chief James, I appreciate everything that you
went over and I agree with all of that. And you can’t think up everything and anything that can
go wrong will go wrong but you mentioned a couple of things. You talked about the animal
shelter out there at South Augusta as far as taking in animals, Mack Lane. Have you gave
consideration to the Humane Society as well? Can you imagine what that would be like if we
had to use that in that one facility? The other thing is you mentioned about the buses that you
had lined up at the Board of Education I think that’s good but the school board has got a number
of schools with gymnasiums that could hold people at a mass with seating arrangements,
restrooms and all that other stuff would be something that I would think you might want to add
to your list. But I think you did a good job. I think that you covered a lot of stuff but those are
just two entities that popped up that I thought about that you might want to consider and have a
conversation with those.
Chief James: Yes sir, yes sir.
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Mr. Mayor: All right the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. Chief James, two things one is I need a little
lesson on for you to tell me since you went to school and learned about all these rivers. Why is it
on Augusta’s side, Georgia’s side that we have a levee that goes all the way down to Lock and
Dam and even past Lock and Dam where South Carolina does not?
Chief James: We’re south of them so the water it kind of flows downstream. They don’t
have the levee it does not flood that way and I think it’s because they’re north of us and the
water’s flowing down the river.
Mr. Guilfoyle: Down along the river the property on both sides parallel that follows it. I
just that might ---
Chief James: Right but its natural flow is still down to Savannah and we’re on the down
side, it’s still down to Savannah.
Mr. Guilfoyle: I didn’t do my question right then. In other words why do we have levees
on the Georgia side and South Carolina does not?
Mr. Mayor: The Chair recognizes Director Wiedmeier.
Mr. Wiedmeier: On the South Carolina side there’s a bluff and they’re probably 8 to 10
feet higher than the Georgia side so Augusta always had historically flooded when South
Carolina did not.
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Mr. Guilfoyle: Okay and one other statement as far as the animal shelter on Mack Lane
the capacity I think it’s 346 animals. And if we ever have an emergency like Commissioner
Williams said we have to find an alternate resource.
Chief James: Correct and we would definitely find that alternate resource. We have
those listed just like we have other shelters listed but based on what we saw and what we
expected to flood those communities then we would’ve had enough to cover those areas. We
wouldn’t try to shelter the entire city. We just had some areas that on the lower end, East
Augusta and maybe around Raes Creek and the anticipation that we the models that we have
looked at did not have hundreds of thousands of people flooding out.
Mr. Guilfoyle: Okay, thank you, Chief James.
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Mr. Mayor: The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Yes, Chief James, I heard when you mentioned the water system I saw Tom
Wiedmeier back there nodding his head. But I guess my question is in case of a flooding
situation, is there, do we have an evacuation route that’s outlined and I mean I could and I live
downtown and I’d probably be the one flooding. Do I need to drive to a particular place or do
have buses to come by? How would that be coordinated?
Chief James: We would coordinate that with our transportation section within our
division so that based on what particular center we open then we would identify a route
immediately and start educating the citizens on the routes that would be taken. GEMA has given
us some portable signs that we would instantly pull out and guide citizens to the route the safe
route to take.
Mr. Fennoy: And I guess we have a lot of elderly citizens down here how would we, did
you have someone to go from door to door to make sure everybody’s out or I mean how would
that work?
Chief James: Once we got to where we got to search for the citizens if the water ended
up being where it was going to be that high then we would go door to door to assure that the
citizens were out of the affected area. In this particular incident on that Saturday morning the
prediction in the rain dropped so low that we did not have to engage or go any further than that.
It ended up with almost no effect other than the boat dock at the dam we had no real effect at all.
Mr. Fennoy: Okay and my last question is since a lot of the citizens that live downtown
have high blood pressure and diabetes issues, how would that be addressed in the shelter?
Chief James: Each shelter will have a, in other words you would triage the patients as
they come through. Those when they came through if they had issues with medical issues that
needed to be addressed at that time then we would try we would get them transported to the
hospital for care at that time. But the Department of Health that’s why they participate and they
will send nurses and other things to help us manage the shelters along with the Red Cross.
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Mr. Fennoy: Okay and it’s not a question but a comment. Are you familiar with the
Vials of Life that Gold Cross have? It’s a little container and the person puts all their medical
history ---
Chief James: Yes.
Mr. Fennoy: --- okay. I think it would be a great idea if especially all seniors in case of
an evacuation had access to that so that when you start doing your evacuations you can just go in
the refrigerator wherever and take out that and then you would have access to all the information
medical history medications that they take and so that, you know, it would be very helpful.
Chief James: Okay.
Mr. Fennoy: All right, thank you.
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Mr. Mayor: The Chair recognizes Commissioner Lockett the Commissioner from the 5.
Mr. Lockett:
Thank you, Mr. Mayor. When I put this on the agenda I was wondering or
not there would be any interest of my colleagues and I see there was quite a bit of interest so I’m
And I’d like tomake a motion that we
going to delay my questions to some other time.
receive this as information
and I would like to applaud the Chief for doing an outstanding job.
Mr. Sias: Second.
Mr. Mayor: Thank you so much, we do appreciate that. Thank you, Fire Chief. All
right, voting.
Motion Passes 9-0.
The Clerk:
APPOINTMENTS
38. Motion to approve the appointment of Mr. Frank Middleton to Board of Tax Assessors
to fill the seat held by Bernard Johnson. (Requested by Commissioner Marion Williams)
Mr. M. Williams: So moved.
Mr. Mayor: All right I’ve got a motion at this point to approve. I don’t have a second at
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this point. All right the Commissioner from the 1 state your inquiry. You have an inquiry. State
your inquiry.
Mr. Fennoy: Well, from the information that I received concerning boards and
appointments Mr. Johnson was appointed I think in April of this year and his term is scheduled
to end four years from now. And according to the information that I received from our attorney
that these appointments you can’t take somebody off unless there’s causes. So if there’s cause
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for Mr. Johnson to be removed then I think we may need to go into since this would technically
be a personnel issue to discuss it in Legal so that I know which direction to go.
Mr. Mayor: Okay, all right ---
Mr. M. Williams: May I respond, Mr. Mayor?
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Mr. Mayor: --- all right the Chair recognizes the Commissioner from the 9, state your
inquiry.
Mr. M. Williams: Thank you, Mr. Mayor. Now Mr. Andrew just agreed with us and we
voted to do something that we had no business doing in the first place at our last meeting and
now here we are at the juncture when this vote took place the vote was I thought was a holdover
and it shouldn’t have been a vote it should’ve been just a holdover like it was. Those positions
are term limited like the Commissioner says but if nobody pulls them off they can stay and be
held over until. But you don’t get another four years not for Mr. Johnson but for anybody for
that matter after their time is up unless the Commissioner reappointed and at that time and at that
juncture I said to the Commissioner hey now ya’ll are doing something wrong. We just talked
about accountability, talked about holding everybody by the same standards if we’re going to be
the City of Ethics we’re going to make sure that we do what is right. And I said to this body that
wasn’t done right and that nobody asked to be held over, we had a reappointment that we needed
to make. Now Mr. Andrew said at our last revote that we took the state legislature said we had
no authority to do that and we changed that. And I asked the question at that juncture if we was
wrong then, then we’re still wrong. Now I’ve got no problem going into Legal and discussing
some stuff privy to information that I don’t want just put out on the floor and I’ve got no
problem doing that either if that’s the way they want to discuss that but I just think that we, all of
those appointments on that board has expired and we know this. We was lied to, we was told
point blank they had to be certified they had to set the digest which was not true and we found
out. Now the previous Administrator said to us, not this Administrator I think Ms. Allen was
here at that point we asked for what was the consequences for lying to this body and she said to
the point of could be insubordination or no, she said it could result in termination. Now if we’re
going to hold our employees to a different level than we hold the board we appoint? Now we
just got through signing in fact I just took it out of my hands the ethic code we’re going to hold
up, we’re going to be looking good on our resume I guess. But this is the right thing. I need to
hear from the attorney, Mr. Mayor, because nobody up here knows no more than I do. I don’t
know if he’s got much more than that but I need to hear from him.
Mr. Mayor: Okay, the Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: Sure. I appreciate you bringing this issue up and if I understand what
you’re saying Commissioner Williams you’re indicating that you believe that a basis for cause
would be the members of the board voting to present the names of the other candidate indicating
the level of urgency. Am I following that correctly?
Mr. M. Williams: Well, you skipped the first part. The first part was it was illegal to do
that in the beginning but after we did that we was told that we was up against the wall, that we
29
was lied to. We was told by a young man that they had to set the digest that it don’t set it the
Tax Commission sets the digest. And we was led to believe that we had, we needed to do that
and I stated at that meeting. As a matter of fact you might need to pull the minutes but I said
hey, that’s not right and we can’t do that but this body elected to do that anyway. So both of
those issues is right now but let’s don’t leave one out and the other one, the holdover provision is
there and if no one moves a person they can be held over and nobody’s got no problem with that.
But because you was held over don’t mean you’re still forever and this is not the first time. In
fact we was told that the Clerk got the information in time and didn’t bring it forward. I don’t
know if Ms. Bonner was in or out of service then because she had been out for a while but we
was told that the Clerk the information went to the Clerk and she didn’t present it in time. So
that’s misleading and I’ve got an issue with that, I don’t care who it is. I just think that was
wrong the board can be held over the held position and just not just this board but a lot of
different entities there’s a provision for a holdover but you don’t stay over, you’re a holdover
until you’re reappointed. And when his body tried to do that I shared with them at that point that
that wasn’t right. Now my colleagues might have went in the back room at that point and I ain’t
got no amen, I ain’t go second, I ain’t got no nothing on it but they heard all that right here on
this board.
Mr. Mayor: All right, so let me tell you what our posture is there was a motion to
approve and that motion failed. It did not receive a proper second. So this discussion is still
open at this time it did not receive a proper second. What we’re going to do is we’re going to
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hear from the Commissioner from the 5 and then from the 8.
Mr. Lockett: Thank you Mr. Mayor. My first point is a point of personal privilege. I
don’t understand why we are discussing an agenda item that didn’t get a second.
Mr. Mayor: Well, I just stated that we’re at an open discussion right now.
Mr. Lockett: And my second point, Commissioner Fennoy, is all types of allegations that
have been made about what was said and what was said by the members of the Board of
Assessors. We have the Chair Person here and I think someone if we’re going to continue this
conversation someone needs to come up and speak on behalf of the board.
Mr. Mayor: I’m debating that right now. The Chair recognizes the Commissioner from
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the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. You know this board makes a lot of decisions
whether they’re right or wrong and a lot of times if it was the wrong decision probably because
we didn’t have the other side of the information to make the correct decision. This board that we
appointed back in April for to serve another four years you know we have to put in trust in
people that actually have hopefully have the same minds that we do is look out for the people the
citizens and be fair across the board. Under the House Bill 652 it clearly states where the board
members how they are appointed, how they are approved, and how they are taken off. Without
just cause you can’t unless there’s, you know, a person resigns or if there’s a death but that’s the
only ways that you could reappoint somebody. But this gentleman here is supposed to be
serving until 4-24 of 2019. It clearly states it in our books, it clearly states it in House Bill 652,
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and I don’t I think we’re opening up a can of worms at this point don’t need to open. It’s a done
deal and it should be put to rest.
Mr. Mayor: All right, is there a motion?
Mr. Hasan: Mr. Mayor, I have a (inaudible).
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Mr. Mayor: Commissioner from the 8 is that a motion?
Mr. Guilfoyle: Yes, sir.
Mr. Mayor: All right would you please restate your motion.
Mr. Guilfoyle: Motion to delete this agenda item.
Mr. Lockett: Second.
Mr. Hasan: Mr. Mayor, Point of Personal Privilege?
Mr. Mayor: Hold on just a second. I’ve got a motion and a second. All right the motion
is to delete this agenda item, all right, with a proper second. The motion came from the
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Commissioner from the 8 and the second from the Commissioner from the 5. All right and
that’s for the record. Now this is what we’re going to do the Chair recognizes the Commissioner
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from the 6.
Mr. Hasan: Thank you, Mr. Mayor, I appreciate it. Mr. Mayor, in fairness to
Commissioner Williams’ conversation that he’s having there I think we ought to try to put some
put it in perspective as to why I think I’m not saying necessarily with trying to replace Mr.
Johnson but I will say I think what he is what I think he is saying is based on the information that
we received that day we received a letter from the Chairperson of the board, Mr. Smith, if I’m
not mistaken and it stated based on the DOR the Department of Revenue’s law states the State of
Georgia that we had to immediately appoint someone because if we did not they would lose their
certification. And the state law gives the city they can holdover up until an appointee is there.
So based on the information you put before us that day they is mirrored in terms of what
Commissioner Williams is saying in terms of the information provided to us. Now I can’t say it
was done intentionally. It may be they may not been aware of that but the DOR but it was based
on the DOR the Department of Revenue certification that they were concerned about it and as a
result of that that really from a state statute perspective that really didn’t come into play because
the state does allow for a holdover up until there’s an appointee. So I think that’s the difference
here and that’s what the letter I think you probably remember that was what was put before us.
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Mr. Mayor: Commissioner from the 6 is it not true that pursuant to state statute
holdover appointees are held over until such time that they’re either reappointed or a new
appointee is in place?
Mr. Hasan: Yes, sir.
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Mr. Mayor: Okay and in this case a decision was made to reappoint an individual. Is that
not true?
Mr. Hasan: Well, that was made under a pretext that didn’t have, we didn’t, no, Mr.
Mayor, we can go back and look at the minutes now ---
Mr. Mayor: Not just ---
Mr. Hasan: --- no, no, no that’s not a clear cut yes or no. What was presented to us that
we had no attorney if we did not do it at that particular time they were going to lose their
certification so it was not that clear cut, Mr. Mayor.
Mr. Mayor: Well I think what we’re trying to do debate ---
Mr. Hasan: No we didn’t do that now ----
Mr. Mayor: (inaudible).
Mr. Hasan: --- I’m not denying we didn’t do that but I’m saying ---
Mr. Mayor: Hold on just a moment, suspend, Commissioner.
Mr. Hasan: Okay, thank you, sir.
Mr. Mayor: What you’re saying is that if someone holds a gun to you head and says
decide now you decide and you’re deciding under duress as opposed to someone holding a pencil
to your head. Is that what you’re suggesting?
Mr. Hasan: Well let me say this I mean that’s where that moral turpitude may come into
play in terms of misleading information that might have had at that particular time, the
information was not accurate. So I’m not questioning I’m just what we were being told at the
time, Mr. Mayor.
Mr. Mayor: All right what’s your pleasure I’ve got a motion and a second to delete the
item and it sounds like you want to make a substitute motion.
Mr. Hasan: No, I’m not trying to make a substitute motion. I just want to put some
clarity to it and not act like what Commissioner Williams is saying it doesn’t have a basis.
Mr. Mayor: It absolutely has basis.
Mr. Hasan: That’s my point, okay.
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Mr. Mayor: I agree 100%. It does have basis but that doesn’t get us to the point of action,
what we need to do is take action. I’ve got a motion and a second and it doesn’t per what you
just said and I share your concern. I do. I share your concern.
Mr. Hasan: You want to second that?
Mr. Mayor: Well, you haven’t made a motion you hadn’t made a substitute motion.
Mr. Hasan: Commissioner Williams made one.
Mr. Mayor: So I’ve only got a motion and a second right now. All right the Chair is
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going to recognize the Commissioner from the 9, state your inquiry.
Mr. M. Williams: Thank you, Mr. Mayor. Now Mr. Hasan was right. We was told some
information and we voted because we was told but just like we’re having in this conversation
now we shared that particular day that it was not right and I share with this body that the
shouldn’t wait and make that vote. And we had to turn around and undo some stuff we did
because the state legislators and representatives was there much unhappy with our decision
because we had no right to do. And I asked the Attorney if we didn’t have a right to do that one
then how did we have the right to do the other one and we didn’t. Now he hadn’t said very much
but my problem is that if someone was held over and there’s a holdover provision, they’re held
over until this body decides to make a reappointment to somebody else. Now the appointment
that was made was made under misinformation, I’m going to say. Now I mean they lied but I’m
just going to say misinformation which is the same thing but we was told some stuff that was not
true. So making another appointment is what we need to do today to go ahead and get forward.
Now if we don’t do this today we’re going to do it sometime we’re going to dance to this music
next week so either we can handle it today or we’re handle it the next time we meet but it ain’t
going away. Now I’ve got some information that I don’t want to put out publicly but if you want
to do that I’ve got no problem with doing that either now. But I’m trying my best to do what is
best for this community and for this body.
Mr. Mayor: All right so here’s what we’re going to since you want to do what’s best for
the community and what’s best for this body. We’re going to recognize the motion that’s before
us and a second and we’re going to delete this item and we’re going to have further conversation.
And we’re going to come to a conclusion of this matter and will be prepared to take action at our
next meeting. That’s what we’re going to do.
Mr. Lockett: Mr. Mayor, point of personal privilege.
Mr. Mayor: Suspend, Commissioner, please suspend. This is an extremely important
(inaudible).
Mr. Lockett: The last time we discussed this it was ---
Mr. Mayor: Commissioner ---
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Mr. Lockett: Oh, I’m sorry.
Mr. Mayor: --- please suspend, suspend. All right we’ve got a motion and a second.
This is an extremely important issue we do not want to make light of it, minimize it. The
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Commissioner from the 9 has raised a valid concern. The Commissioner from the 6 has
supported that concern. I too share it. I think there’s a valid concern and we’re going to come to
a conclusion of this matter. It won’t happen today. There’s a lot of passion in the room about it
so we’re going to take this opportunity to vote on the motion that’s before us and that motion is
to in fact I’d like to make a substitute motion and that is to refer this back to the Administrative
Services Committee for further conversation and we’ll come back and take action on this.
Mr. M. Williams: I make that motion for you, Mr. Mayor, since you can’t make one. I
don’t know if I’ll get a second or not but I make that motion.
Mr. Hasan: I’ll second it.
Mr. Mayor: Okay, thank you very much. I’ve got a substitute motion and a second to
refer this back to the Administrative Services Committee. Voting.
Mr. Hasan: Mr. Mayor, can I take a point of personal privilege?
Mr. Mayor: State your inquiry.
Mr. Hasan: Yes, sir, I would just like to read the final line just to make a point here.
This is therefore each is eligible to reappoint to the Board of Assessors for another term. We
respectfully request your consideration of these persons as they cannot continue to serve past the
term of expiration date unless reappointed. That’s not true, Mr. Mayor, it wasn’t true.
Mr. Lockett: Mr. Mayor, may I have my point of personal privilege now?
Mr. Mayor: I’m going to have to give it to you.
Mr. Lockett: I appreciate that.
Mr. Mayor: I am but we ---
Mr. Lockett: When we had this before ---
Mr. Mayor: Suspend.
Mr. Lockett: When we had this ---
Mr. Mayor: Commissioner, suspend, everybody’s just talking out of order. I’m going to
recognize every person.
Mr. Lockett: I thought you recognized me that’s why I spoke.
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Mr. Mayor: No, I hadn’t gotten to that point. I was trying to ---
Mr. Lockett: All right let me know when you get there.
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Mr. Mayor: Give the Commissioner from the 6 and opportunity to finish.
Mr. Hasan: No that, Mr. Mayor, that was my point just to say that you know they
could’ve served until you know that particular time so we act in duress there was you know those
kinds of things. The DOR was under the assumption that their certifications would be in
jeopardy and all of those things and as a result we made a decision. I’m not regretting that
decision, I’m just pointing the fact that Commissioner Williams’ concern has valid merit, that’s
my point.
Mr. Mayor: I think we all said that. All right the Chair recognizes the Commissioner
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from the 5.
Mr. Lockett: Thank you very much. We previously discussed this and it was asked that
the representative from the Tax Assessors Office, the Board Chair be allowed to speak, it was
denied. Today I asked again that he be allowed to speak, it was denied. We’ve had all kinds of
accusations made by these lawyers up here on the dais about what is legal and what isn’t. This
guy is an expert in that particular area. If we really want to know what’s going on we ought to
let him speak. We don’t have to do it today but when this comes back. And the General Counsel
made it clear before, this man has been appointed and a guy by the name of Johnson Sheldon
once said ignorance of the law is no excuse. If we made a mistake in appointing him for a new
term it’s on us not on him. Thank you very much.
Mr. Mayor: All right so we’ve got a substitute motion that’s being voted on, the
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Commissioner from the 6 is holding out even though he agrees with it.
Mr. Hasan: I’m sorry, Mr. Mayor.
Mr. Mayor: All right.
The Clerk: Yes, sir, Mr. Mayor I’m sorry Mr. Guilfoyle (inaudible).
Mr. Guilfoyle: Can I respond not to you, Mr. Mayor, to Madam Clerk.
Mr. Mayor: Okay I want you to hold ---
Mr. Guilfoyle: Madam Clerk ---
Mr. Mayor: --- I hadn’t really gotten to you. I’m still in the process of bringing some
sense of clarity to what we’re talking about. All right the substitute motion has failed.
Mr. Fennoy, Mr. Hasan, Mr. Frantom, Mr. M. Williams and Mr. Grady Smith vote Yes.
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Mr. D. Williams, Mr. Sias, Mr. Lockett and Mr. Guilfoyle vote No.
Motion Fails 5-4.
Mr. Mayor: Okay, all right so, Mr. Smith, the Chair recognizes Mr. Charles Smith please
approach the podium. Mr. Smith, I’m going to give you three minutes if you’ll speak for three
minutes on this matter.
Mr. Smith: Mr. Mayor and Commissioners, I thank you for this opportunity to share
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some information with you. The fact that that letter was written back on February the 9 and
stated what it stated that that was the case was based upon something that was in the law book
and Augusta Code as well as in the state law and I’ll read that to you in case you haven’t read
what the Augusta Code states. The Augusta Code states that Section 7-6 Compliance with Laws
state law it says said board and it’s speaking about the Board of Assessors shall comply with all
property tax laws of the State of Georgia as they now or herein after exist in exercising its and
powers and the members of said board shall comply with all the qualifications. Given under the
laws of the State of Georgia for Tax Assessors as they now are herein after exist as provided for
in Title 48 Chapter 5 Article 5 Code of Georgia as amended. Now the question about what are
those state laws. Title 48 deals with revenue and taxation, Chapter 5 Ad Valorem Taxation of
Property, Article 5 Uniform Property Tax Administration and Equalization. Under Part 2 of
Article 5 is County Board of Tax Assessors. And County Board of Tax Assessors there are
several parts from 48-5-290 to 48-5-314. 3485-295 is what was originally quoted in the Augusta
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Code back in 1996 that was amended and became effective on May the 5 of 2006 and it struck
out the phrase which says “and may continue to serve until reappointed.” So if we’re going to be
in compliance with state law then that’s what I was basing it on what I was reading. And then
further to deal with qualifications the qualifications under that section says that the qualifications
are set by the Department of Revenue. The local government’s services division is given the
authority to determine the qualifications and for the board members of the Assessors not
Richmond County and that’s under state law. And therefore the qualifications are set which say
that the members of the term now must be certified. When a member is appointed it does not
mean they can serve, they’re appointed and once appointed then their records are reviewed. If
it’s a reappointment make sure that they have still met all of the certification requirements. If it’s
a first appointment then they have a period of time to meet those requirements but if they are
already there they must have already met certain requirements, if not, they’re denied. The State
Certification if you will see down in Room 120 got all the certificates there. The term of office
coincides with the certification that is given by the Department of Revenue. The certification
expires when the term expires so if they are not certified the question is then are they still eligible
to serve? What we have been operating on since 2007 or 08 everybody who’s been reappointed
to the board has had to take the oath again, had to go through all the not all the courses again but
had to take the oath again and the appointment information has to be sent up to DOR including
the minutes to show that they were appointed. And then the Department of Revenue then
reviews the certification requirements to see if they are all met and then sends down a certificate
saying yes they are certified and therefore they are eligible to serve. Without that we could not
serve so to say that that letter was wrong and in error that we lied to you is an error, read the law.
Mr. Hasan: Mr. Mayor, can I respond to that?
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Mr. Mayor: Please don’t, Commissioner, right now hold on just a minute let me all right,
Mr. Smith, thank you for sharing that with us.
Mr. Smith: (unintelligible).
Mr. Mayor: I appreciate it, no questions, no questions. Thank you, I appreciate you
sharing that with us. All right what is before us right now is the motion from the Commissioner
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from the 8 that had a second by the Commissioner from the 5.
Mr. Hasan: Mr. Mayor, can I have a point of personal privilege?
Mr. Mayor: That was a motion to delete this item, okay? I think it still has the same
effect as the substitute motion that failed and that is essentially dispensing of it for today’s
business, I think that’s what we want to accomplish. And we can again in effect bring it back
after there’s been further discussion and we can do that at the appropriate time. It still has the
same effect so I’ve got a motion and a second, Madam Clerk, that was to delete ---
The Clerk: Yes, sir.
Mr. Mayor: --- and that’s what we’re going to take up right now.
Mr. Hasan: Mr. Mayor, I ---
Mr. Mayor: I know he’s over there I heard him, I heard him, I heard him even without
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the screen and the lights I heard him. The Chair recognizes the Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor.
Mr. Mayor: State your inquiry.
Mr. Hasan: My inquiry, Mr. Mayor, is pretty much to Mr. Smith if I said to him he lied
to us I apologize because I think I also made it in there that I didn’t ever think that you
deliberately it is based on the DOR’s or Department of Revenue’s position. But let me read me
see the state statute here Mr. Smith. This is from allegedly Legal Counsel just a minute here and
I’m going to leave it up on there, Mr. Mayor, I just want to make a comment leave it on. The
Georgia Law provides statewide regulation related to the appointments and compensation of its
vacancies on county boards and Tax Assessors. Such general law normally requests any local
law in the same manner however as the Board of Assessors for Richmond County was
established pursuant to the local constitutional amendment then to the extent any local authorized
or such counsel amendment the local act would not be pre-exempted, preempted I’m sorry.
Three questions was asked here this is from the Legislative Legal Counsel I’m just going to ask
the third question if he responds to that I’ll be through with it.
Mr. Mayor: Commissioner ---
Mr. Hasan: It’s the ---
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Mr. Mayor: --- suspend. We’re now debating this matter.
Mr. Hasan: Just let me say that and I’ll be through with it.
Mr. Mayor: We’re now debating this matter. We’re now debating this matter. We do not
want to debate this matter today.
Mr. Hasan: Mr. Mayor, I don’t want to debate. I want to, we’re closing, I’ll be closing up
here, I won’t be saying anything else.
Mr. Mayor: Commissioner suspend ---
Mr. Hasan: Okay.
Mr. Mayor: --- we’re now debating this matter. We have a motion and a second to delete
it. Voting.
Mr. Hasan: What’s the motion again, Mr. Mayor, I lost the motion.
Mr. Mayor: The motion is to delete this item and at the appropriate time the
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Commissioner from the 9 can bring it back.
Mr. Hasan: Do I get a personal privilege (inaudible).
Mr. Mayor: The Commissioner would appreciate your support on this. Madam Clerk.
Mr. M. Williams votes No.
Motion Passes 8-1.
Mr. M. Williams: Madam Clerk, would you put this back on the next Commission
agenda, please, ma’am.
The Clerk: Yes, sir.
Mr. M. Williams: Thank you.
Mr. Hasan: Mr. Mayor, you should’ve let me read my last paragraph.
Mr. Mayor: We’re debating it, Commissioner, and there’s a lot of conversation that I
think ---
Mr. Hasan: Okay.
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Mr. Mayor: --- you and the Commissioner from the 9 are going to have.
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Mr. Hasan: Well, my last paragraph would’ve showed what the state law said, Mr.
Mayor.
Mr. Mayor: All right, I appreciate that.
Mr. Hasan: Okay.
Mr. Mayor: Thank you, thank you. All right we still no, no, no we still have business to
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do. I believe at this time we need to get Commissioner from the 3 Commissioner Davis on the
line.
The Clerk: Yes, sir.
Mr. Mayor: All right item 31 we’re going to it’s in your hands thank you, Madam Clerk.
I need everyone to hold firm; we’ve still got a little business to do. All right we’ve got
Commissioner Davis on the line and we have this item before us.
The Clerk:
ADMINISTRATIVE SERVICES
31. Motion to approve hiring one of the finalists for the position of EEO Director and
Director of Minority and Small Business Opportunities with a working title of Compliance
Director. (Deferred from the October 20, 2015 Commission Meeting.
Mr. Mayor: All right, I think that we’ve got as I understand it there are two remaining
candidates for this position and there may be more discussion. All right, I’m going to recognize
and then we’ll go down the line if necessary. The Chair recognizes the Commissioner from the
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9.
Mr. M. Williams: Thank you, Mr. Mayor. We’ve been back and forth with this several
weeks but I think it’s time for this day to either cut bait or fish and it won’t do much cutting bait
but I want to nominate Mrs. Haggins for the EEO/DBE Compliance Director for the City of
Augusta.
The Clerk: The EEO Director, Director of Minority and Small Business Opportunities
with a working title of Compliance Director.
Mr. M. Williams: Right, Ms. Haggins.
Mr. Lockett: I’ll second that motion.
Mr. Mayor: Okay.
Mr. Sias: It’s not a motion.
Mr. Lockett: Nomination.
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Mr. Mayor: All right, all right, I’ve got a nomination for Ms. Haggins and a second to
that nomination. All right, are there any other nominations? All right, the Chair recognizes the
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Commissioner from the 4.
Mr. Sias: Thank you, sir. I’d like to nominate Ms. Alexander.
Mr. Fennoy: Second.
Mr. Mayor: All right, I’ve got a motion and a second for Ms. Alexander.
Mr. Sias: Roll call vote, Mr. Mayor.
Mr. Mayor: Okay, all right, so we’ve got two nominations that are before us. The
nominations are for Ms. Haggins, Ms. Amber Haggins and a nomination for Ms. Carmen
Alexander. All right.
Mr. M. Williams: Since this is a nomination we go to the nominations (unintelligible),
right?
Mr. Mayor: Correct, that is correct.
The Clerk: This vote is for Ms. Amber Haggins ---
Mr. Mayor: Yes.
The Clerk: --- roll call. Ms. Davis.
Ms. Davis: Okay, Ms. Bonner, I can barely hear ya’ll tell me who we’re doing the roll
call first please.
The Clerk: Commissioner Marion Williams and Bill Lockett has nominated Ms. Amber
Haggins.
Ms. Davis: Okay and that’s who we’re voting on first correct?
The Clerk: Yes, ma’am.
Ms. Davis: Okay, thank you. No, ma’am.
The Clerk: Okay. Commissioner Fennoy.
Mr. Fennoy: Yes.
The Clerk: Mr. Frantom.
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Mr. Frantom: No, ma’am.
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: Yes.
The Clerk: Mr. Hasan.
Mr. Hasan: No.
The Clerk: Mr. Lockett.
Mr. Lockett: Yes.
The Clerk: Mr. Sias.
Mr. Sias: No.
The Clerk: Mr. Grady Smith.
Mr. G. Smith: Yes.
The Clerk: Mr. Dennis Williams.
Mr. D. Williams: Abstain.
The Clerk: Mr. Marion Williams.
Mr. M. Williams: Abstain.
Mr. D. Williams and Mr. M. Williams abstain.
Motion Fails 4-4-2.
The Clerk: The next nomination was put in play by Commissioner Sias and seconded by
Mr. Ben Hasan for Ms. Carmen Alexander. Ms. Davis.
Ms. Davis: Yes, ma’am.
The Clerk: Mr. Fennoy.
Mr. Fennoy: No.
The Clerk: Mr. Frantom.
Mr. Frantom: Yes, ma’am.
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The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: No, ma’am.
The Clerk: Mr. Hasan.
Mr. Hasan: Yes.
The Clerk: Mr. Lockett.
Mr. Lockett: No.
The Clerk: Mr. Sias.
Mr. Sias: Yes.
The Clerk: Mr. Grady Smith.
Mr. G. Smith: No.
The Clerk: Mr. Dennis Williams.
Mr. D. Williams: Yes.
The Clerk: Mr. Marion Williams.
Mr. M. Williams: Present.
Mr. M. Williams votes Present.
Motion Fails 5-4-1.
Mr. Hasan: Mr. Mayor, can I have a point of personal privilege?
Mr. Mayor: All right, so both of those candidates have failed. Can I introduce a ghost
candidate? I’m just cutting up right now, I think it’s appropriate. Again I’ve got both of those
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have failed. All right the Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Mr. Mayor, since we didn’t get a candidate out of the first I’d like to make a
motion for Kenneth Bray to be considered for the position because he was one of the finalists
also.
Mr. Lockett: I’ll second that motion.
Mr. Mayor: We’ve got a motion and a second for Mr. Kenneth Bray who is the third
finalist for this position. All right, Madam Clerk, we’ll do a roll call vote for that as well.
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The Clerk: Ms. Davis, candidate Kenneth Bray has been placed in nomination by
Commissioner Bill Fennoy and seconded by Mr. Lockett for the position of Compliance
Director. We’re beginning a roll call starting with you, ma’am.
Ms. Davis: No, ma’am.
The Clerk: Mr. Fennoy.
Mr. Fennoy: Yes.
The Clerk: Mr. Frantom.
Mr. Frantom: No, ma’am.
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: No, ma’am.
The Clerk: Mr. Hasan.
Mr. Hasan: No, ma’am.
The Clerk: Mr. Lockett.
Mr. Lockett: Yes.
The Clerk: Mr. Sias.
Mr. Sias: No.
The Clerk: Mr. Grady Smith.
Mr. G. Smith: No.
The Clerk: Mr. Dennis Williams.
Mr. D. Williams: No.
The Clerk: Mr. Marion Williams.
Mr. M. Williams: Yes.
Motion Fails 3-7.
Mr. Hasan: (inaudible) Point of personal privilege here I’d like to do (unintelligible)
again.
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Mr. Mayor: Well, all right the Chair recognizes the Commissioner from the 6 for a
point of personal privilege.
Mr. Hasan: Mr. Mayor, you know my colleague Commissioner Williams started out in
saying it’s kind of fish or cut bait, I kind of like that saying. And I’d just like to make a
nomination again and try Ms. Carmen Alexander.
Mr. Frantom: Second.
Mr. Hasan: And a roll call vote, Mr. Mayor.
Mr. Mayor: I’ve got a motion and a second.
The Clerk: Ms. Davis.
Ms. Davis: Can you repeat the motion again please?
The Clerk: Yes, ma’am. Commissioner Hasan and Commissioner Frantom has place in
nomination candidate Carmen Alexander for the position of Compliance Director. Ms. Davis.
Ms. Davis: Yes, ma’am.
The Clerk: Mr. Fennoy.
The Clerk: Out. Mr. Frantom.
Mr. Frantom: Yes, ma’am.
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: No.
The Clerk: Mr. Hasan.
Mr. Hasan: Yes.
The Clerk: Mr. Lockett.
Mr. Lockett: No.
The Clerk: Mr. Sias.
Mr. Sias: Yes.
The Clerk: Mr. Grady Smith.
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Mr. G. Smith: No, ma’am.
The Clerk: Mr. Dennis Williams.
Mr. D. Williams: Abstain.
The Clerk: Mr. Marion Williams.
Mr. M. Williams: No, ma’am.
Mr. Fennoy out.
Motion Fails 4-4-1.
Mr. Mayor: All right, Madam Clerk, is there any more business before us?
The Clerk: No, sir that’s it, Mr. Mayor.
Mr. Mayor: This meeting is adjourned.
The Clerk: Ms. Davis, we’ve adjourned the meeting.
Ms. Davis: Okay, Ms. Bonner, can you pass along to them then (inaudible).
[MEETING ADJOURNED]
Lena Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of The Augusta Richmond County Commission held on
November 3, 2015.
______________________________
Clerk of Commission
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