HomeMy WebLinkAboutRegular Commission Meeting February 2, 2016
REGULAR MEETING COMMISSION CHAMBER
FEBRUARY 2, 2016
Augusta Richmond County Commission convened at 2:00 p.m., February 2, 2016, the
Hon. Hardie Davis, Jr., Mayor, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Sias, Frantom, M. Williams, Fennoy, D. Williams,
Hasan and Davis, members of Augusta Richmond County Commission.
Absent: Hon. Smith, member of the Augusta Richmond County Commission.
Mr. Mayor: I hereby call this meeting to order. The Chair recognizes Madam Clerk.
The Clerk: Yes, sir, before we get started we’d like advise the Commission that Mayor
Pro Tem Grady Smith will be absent from today’s meeting. At this time we’ll have our
invocation delivered by the Reverend Dr. Matthew Rich, Senior Pastor of the Reid Memorial
Presbyterian Church after which we’ll have our Pledge of Allegiance to the Flag led by our
Youth Delegation. Thank you, please stand.
The invocation was given by the Reverend Dr. Matthew Rich, Senior Pastor, Reid
Memorial Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Pastor Rich, thank you so much for your service and your spiritual guidance
to this community.
Pastor Rich: Thank you very much; it’s an honor to do that. (APPLAUSE)
Mr. Mayor: Ms. Bonner, before we go too far what I’d like to do is take the revision to
the commission agenda and I’d like to get unanimous consent to add that one item. All right,
I’ve got, so before each of you I want to draw your attention to the revisions to the commission
agenda, everybody should have a copy of that. I want to draw everybody’s attention there but
before we go too far I don’t want to debate them. I want to make sure that we do have unanimous
consent to add to the agenda Item 1 the previous zoning matter and then we’ll come back to it
and then of course the deletion of the Recognitions. The other information is for information
only. All right, are there any objections to receiving the following and adding to the agenda?
Mr. M. Williams: Mr. Mayor, I may have an objection. First of all I’d like to know why
this added to. Now we’ve been very, very cautious about bringing stuff at the last minute. Now
I don’t want to approve anything here; we’ve got enough on our plate. I hadn’t been previous to
before coming to this meeting. If it’s that urgent, I thought we should have been at least notified.
Mr. Mayor: Well, I appreciate that Commissioner and I couldn’t agree with you more a
lot of business is before the people today. The Chair recognizes Madam Clerk to speak to the
matter.
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The Clerk: Yes, sir. Commissioner Williams, Item 1 was inadvertently left off of today’s
agenda. It was referred back to allow Mr. Patel to speak before the Commission regarding the
denial of the petition and in light of that he has now submitted a request to have the Planning
petition deferred without prejudice, he’d like to withdraw it without prejudice. So Legal advised
that we have both actions on today’s agenda.
Mr. M. Williams: But because it was inadvertently left off in the Clerk’s office ---
The Clerk: Yes, sir, the Clerk’s office will take full responsibility for that.
Mr. M. Williams: --- the Clerk has been shorthanded for some time. I’m going to agree
at this point but I’ve got to take issue when we bring stuff up here not just with the Mayor but
folks lay stuff up on our desks for us to look at and make a decision on ---
The Clerk: And that’s ---
Mr. M. Williams: --- and we make those decisions and people want to know why you
made it.
The Clerk: --- yes, sir.
Mr. M. Williams: So most of it’s because Mr. Patel who I thought was unduly ---
The Clerk: Subsequently he has issued a request for the petition to be withdrawn without
prejudice so he will have an opportunity to come back.
Mr. M. Williams: Okay.
Mr. Mayor: All right, here’s where we are. Do we have unanimous consent to add to the
agenda?
Mr. Sias: Yes, sir.
Mr. Mayor: Without objection? All right and do we have unanimous consent to delete
from the agenda Recognitions of the Employees for 2016 ---
Mr. Sias: Yes.
Mr. Mayor: --- without objection. All right, Madam Clerk, and now we can go to ---
The Clerk: Recognitions?
Mr. Mayor: --- Years of Service.
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The Clerk: Ms. Elam? At this time we will have recognition of our Employees for Years
of Service. Madam Administrator, the Mayor, could you?
Ms. Elam: Good afternoon, Mayor and Commissioners. My name is Michelle Elam, I’m
your Interim Human Resources Director. Today we’re happy to recognize our Years of Service
Recipients. For the month of January there are 12, 5 to 20 year recipients and 10, 25 to 50 years
recipients of which three are here this afternoon. With 25 years of service Vernon Meyers, Fire
Suppression. (APPLAUSE) With 30 years of service Ian Buckley, Fire Suppression.
(APPLAUSE) Daryl Thompson with Fire Suppression. (APPLAUSE) Once again, a big
congratulations to our Years of Service Recipients. Thank you. (APPLAUSE)
Mr. Mayor: The Chair recognizes Madam Clerk.
RECOGNITION(S)
2016 Employee of the Month
A. Congratulations! – Mr. Barry Hyman, Augusta Planning & Development as the
February 2016 Employee of the Month for Augusta, Georgia.
Unanimous consent is given to delete this item from the agenda. (To be rescheduled for March
meeting)
The Clerk: I call your attention to the consent portion of our agenda Items 1-16, Items 1-
6. And for a matter of information the Administrator has requested the caption on Item number
14 be changed as follows: She’s requesting the modification of the caption to read ‘to approve
Augusta’s participation in the Georgia Power Distributed Generation Solar Program paying the
$25,000 per megawatt fee per site selected, authorizing the execution of all documents required
under that program and issuing a request for proposals for a third-party developer to design,
build and operate the solar project on land to be leased from the city. Our consent agenda
consists of Items 1-6 with the modification of Item number 14.
Mr. Mayor: The Chair will entertain any motions to add or remove from the consent
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agenda at this time. The Chair recognizes the Commissioner from the 8, the Finance Chairman.
Mr. Guilfoyle: Thank you, Mr. Mayor. I was seeing if I could add agenda item number
18 please to the consent.
Mr. Mayor: Any other motions to add?
Mr. M. Williams: Mr. Mayor, I have an issue with 18. Some discussion I need to have,
you don’t have unanimous consent to add that one.
Mr. Mayor: Can I answer the questions for you in your ear? I promise you I can.
Mr. M. Williams: I’ve got some deep thoughts on number 18, Mr. Mayor. I’d like to at
least have some dialogue on it if I can with my colleagues. You may be able to help me out but I
really don’t know how it got to that point but.
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Mr. Mayor: All right, that’s certainly your prerogative. All right, any other motions to
add or remove from the consent agenda?
Mr. M. Williams: Yes, sir.
Mr. Mayor: All right, continue.
Mr. M. Williams: Mr. Mayor, I’d like to pull item 8, 10 and 14 please.
Mr. Mayor: Again that’s 8, 10 and 14.
Mr. M. Williams: Correct.
Mr. Mayor: Okay. Any other motions to add or remove from the consent agenda? The
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Chair recognizes the Commissioner from the 4.
Mr. Sias: Move for approval of the consent agenda.
Mr. Frantom: Second.
CONSENT AGENDA
PUBLIC SERVICES
1. Motion to approve of proposed Alcohol ordinance amendments to provide for Sunday
Sales Single Event license and associated fees. (Approved by Public Services Committee
January 26, 2016)
ADMINISTRATIVE SERVICES
2. Motion to approve the Administrator’s evaluation instrument and process as outlined.
(Approved by Administrative Services Committee January 26, 2016)
3. Motion to approve five (5) annual bid items. The items require Commission approval
due to the fact that purchases on the individual items will exceed $25,000.00. (Approved by
Administrative Services Committee January 26, 2016)
4. Motion to proceed with the City Watch Initiative for transparency/accountability.
(Approved by Administrative Services Committee January 26, 2016)
PUBLIC SAFETY
5. Motion to approve a 2016 EMA Budget Amendment in the amount of $700 for donation
received from the Ironman Foundation. (Approved by Public Safety Committee January
26, 2016)
6. Motion to approve a 2016 Fire Department budget amendment in the amount of $750
for funds received for the use of Fire Department Training Facility. (Approved by Public
Safety Committee January 26, 2016)
FINANCE
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7. Motion to approve the replacement of 2 vehicles for Augusta Richmond County Code
Enforcement Department. (Approved by Finance Committee January 26, 2016)
9. Motion to approve a request from Augusta Utilities Department to purchase three
vehicles for their Facilities Maintenance Division. (Approved by Finance Committee
January 26, 2016)
ENGINEERING SERVICES
11. Motion to authorize condemnation to acquire title of a portion of property for right of
way and temporary construction easement (Parcel 045-2-349-01-0) 1551 Laney Walker
Boulevard. (Approved by Engineering Services Committee January 26, 2016)
12. Motion to approve and receive as information the Emergency Construction Services on
the 1918 Colony Park Rd. Creek Bank Eroding Repair in the amount of $64,751.67 to Blair
Construction, Inc., funded from SPLOST VI as requested by AED. (Approved by
Engineering Services Committee January 26, 2016)
13. Motion to authorize award of contract to Roofing Professional, Inc. in the amount of
$144,900.00 to replace the roof on the AUD Construction and Maintenance Buildings. (Bid
Item 15-208) (Approved by Engineering Services Committee January 26, 2016)
PETITIONS AND COMMUNICATIONS
15. Motion to approve the minutes of the regular meeting of the Commission held January
19, 2016 and Special Called Meeting held January 26, 2016)
APPOINTMENTS
16. Motion to approve the appointment of Ms. Colis Ivey to the HCD Citizens Advisory
Board representing District 3.
Mr. Mayor: All right, I’ve got a motion and a second a motion from the Commissioner
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from the 4 second from the Commissioner from the 3. Voting.
Mr. G. Smith out.
Motion Passes 9-0. [Items 1-7, 9, 11-13, 15, 16]
Mr. Mayor: All right. Madam Clerk, we’ll take 18 first.
The Clerk:
FINANCE
18. Motion to modify/correct the 2015 Juvenile Justice Incentive Grant MOU and
authorize the Mayor to execute the corrected MOU. (No recommendation from Finance
Committee January 26, 2016)
Mr. Mayor: All right, the Chair’s going to recognize the Chair of Administrative
Services, Commissioner Williams. We have with us the Juvenile Court Judge, Judge Doumar
and Judge MacKenzie. Judge Doumar is at the podium prepared and ready to answer your
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questions, Commissioner Williams. The Chair recognizes the Commissioner from the 9.
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Mr. M. Williams: Thank you, Mr. Mayor. Judge, thank you for being here.
Judge Doumar: My pleasure.
Mr. M. Williams: I don’t think you can answer the question I need to ask though I’m
grateful that you’re here to stand. My question may lay with the Legal Department as to how we
got to this point and not have the document authorizing shaped and signed as it’s supposed to
and why it did not come to this body who gives the final approval I guess for those things. I
don’t think that would be a question you might be able to answer and you’re a judge so you
might be able to answer. But I would like to hear why it’s got to that point to being on this
agenda and it had been approved but it had not gone through the proper channels. And if this
one got by I guess my question how many others have gotten by like that or will get by like that.
So I guess Legal can speak, Mr. Mayor, that’s why you can’t whisper in my ear.
Judge Doumar: I can at least comment on what we put together and how we presented it
and what I think happened.
Mr. M. Williams: Okay.
Judge Doumar: How about that? As you know for the last three years we reached out
and obtained for the Juvenile in Richmond County an incentive grant provided by the governor.
And we were invited to apply for about $5 million dollars worth of grants, dollars and for the last
three years we have been able to get successfully 250 and then it’s gone up each year. And this
past year we had an award for 295. And we used that like this, without this grant we would end
up for property theft felons. I mean these are the kids that kick the doors in, who open the cars.
Our only alternative for them when they have committed the felony is detention or long term
confinement at YDC or RYDC. That costs taxpayers between $7,000 to $9,000 a month and up
to $100,000 a year. So the governor recognized this, he’s a former juvenile court judge and he
made these grant dollars available so that each county who received the funds and they’re non-
matching. They come from the state, the county has to apply no funds to this, we manage and
administrate this grant out of Juvenile Court. So we have a $295,000 dollar grant this year, the
same grant that we got for the last two years. We’ve gotten very high marks in the way it’s been
administered and the effect that it’s had in Richmond County. We’ve reduced those detentions
down to two and three kids and formerly they were at 17 to 25 children. So it’s effective and it’s
working and what comes with that is our obligation to figure out what vendor, what company
will provide and use the bulk of those funds with a program and the program has to be evidence
based. And for the last three years we’ve been very successful in contracting with an MOU,
Community Solutions, Inc. and I have their representative here. They work in 30 to 40 counties
in Georgia already doing MST so they have a long history of putting together a good program
that actually works. So we came to you when we got the $295 grant and the package that we put
together in Juvenile Court and remember we’re Juvenile Court judges and a staff of four and so
we apply for this grant on our own time and administer it. We’re authorized to use 30% of the
grant to administer it in Juvenile Court. So Bill Dean, he’s here, he ran the Department of
Juvenile Justice for years and retired and we brought him out of retirement because he had grant
experience. So he sits in Juvenile Court and administers this grant. For the last three years
we’ve contracted with an MOU with Community Solutions, (unintelligible) Lewis is here. He’s
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an expert and he is their representative and he travels all over the state. So they’re not novices or
neophytes at this, they’ve been doing it since 2002. We put the package together like we’re
supposed to and I have a copy of what we brought over to the County Grant Coordinator and the
MOU is in there and it’s for the right amount of $257,507. So we presented I feel like
everything that we were supposed to and I think it was just a clerical error that whatever that was
put before you all when it came time for that approval just did not have the MOU in it. But it’s
the same group we’ve had, it’s been very effective and let me say this because I know that the
county is responsible for the way that we use these funds because we work for the county and
we’re county employees. But we have a bird dog group out of the governor’s office and they
make us report monthly and quarterly. And we spend so much time reporting so don’t think for
a second that we go unwatched because we are heavily watched. But I think it was a clerical
error. It was brought over and it was delivered to the County Grant Coordinator. I don’t think
there was any squirrely business to it, I think that it just did not make it on to your desks. But
what we found was that when we got approval and we printed the MOU for the Mayor’s
signature, someone at my office printed the MOU from the year before which was $250,000
dollars and just like anything else it went up the providing of this service went up $7,000 dollars.
So we submitted to the Mayor an MOU that was $7,000 dollars short and we just, I didn’t catch
that typo. But that’s why when Community Solutions brought it to my attention that the MOU
really should’ve been $257,000 dollars what we did was then try to get it on the agenda and put it
before you so that I could modify that so that it correctly reflected what we submitted for
approval from Community Solutions.
Mr. Lockett: Move to approve, Mr. Chair.
Mr. Fennoy: Second.
Mr. M. Williams: If I can finish, Mr. Mayor, before my colleagues, I mean maybe I
shouldn’t have pulled it at all I mean if they’re satisfied I shouldn’t have had my question I
should have just let them have their question I guess. I thought the Judge was trying to respond
to me and if I’m wrong, Judge, if I can respond back.
Judge Doumar: Absolutely.
Mr. M. Williams: Thank you. I agree with everything you just said but like you said
you’ve got people that’s watching you and we’ve got the same folks watching us if not more.
We’ve been talking about transparency. When you talk about a grant that goes through and it
wasn’t properly done I think all of us ought to be concerned enough to know how it happened so
it won’t happen again. This is no knock on anybody, this is not saying that anybody did anything
wrong but I don’t sit here as a Commissioner and take that lightly for a grant for such an amount
to be signed because if that can get through and Legal or the Clerk or the Mayor or this body lets
it go and it happens to be because the figure was different, someone in your office caught it, how
many other times are they talking about Sylvia Cooper may not write about you but she’s going
to write about me now because I didn’t do my job. And folks don’t like that, Judge, I mean and I
think you would appreciate someone who’s trying to make sure that everything every I’s dotted
and every T is crossed. So this is no knock on what you do and I appreciate that. I thank you for
everything that you gave but I just want my colleagues who want to be an elected official but
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ain’t got time to do the work because this causes conversation and you shouldn’t hear no
conversation.
Judge Doumar: Well, I can tell you this you raised a good point and it’s something that
we address in Juvenile Court. And I can tell you this it won’t happen again.
Mr. M. Williams: Thank you, ma’am.
Judge Doumar: How about that? It will not happen on my watch again.
Mr. Mayor: All right, we have a motion and a second. Is there any further discussion?
There being none, voting.
Mr. M. Williams: Thank you, Judge Doumar.
Mr. G. Smith out.
Motion Passes 9-0.
Judge Doumar: Thank you so much, I appreciate your time. And, Commissioner
Williams, I appreciate your questions. Thank you very much.
Mr. Mayor: All right, Madam Clerk, we’ll go top down, eight.
The Clerk: Which one, sir?
Mr. Mayor: We’ll go to number eight I suppose.
The Clerk: Oh number eight you’re going back to the pulled items.
Mr. Mayor: Yes, ma’am.
The Clerk:
FINANCE
8. Motion to approve correction to the Building Inspection 2016 Budget to provide funding
for the creation of two new personnel to staff the satellite office in the southern part of the
City. (Approved by Finance Committee January 26, 2016)
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Mr. Mayor: The Chair recognizes the Commissioner from the 9 to speak to the matter.
Mr. M. Williams: Thank you, Mr. Mayor. I have no problem with this one if there’s a
correction my question will be would this oversight was it missed in the budget or the correction
to the budget is adding those in I guess those two employees is my question.
Mr. Mayor: All right ---
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Mr. Rhinehart: Good afternoon ---
Mr. Mayor: --- the Chair recognizes Deputy Administrator Rhinehart.
Mr. Rhinehart: --- good afternoon, Mayor and members of the Commission, I am not
Melanie Wilson but I’m pinch hitting for her. She’s tied up in a meeting offsite so I’m covering
for her. You’re correct, this item was in the requested budget for Planning it’s from the funds
that are paid for permits. When Finance was going over with the Administrator the
recommended new positions, this one was on the Administrator’s list as an okay then the final
preparation of the budget the Finance staff just inadvertently left it out when they presented the
document to you. So when Planning asked about it I went back to Donna and Donna said ‘oops’
yep, we just left that out in the final preparation. And no harm yet because we’re still in the
process of getting the satellite office set up and so at that point we brought this item forward to
reinsert what was inadvertently left out. But it’s not an addition to the budget so to speak it just
got off the list.
Mr. M. Williams:
Okay, Mr. Mayor, I have no problem with that I understand the
explanation but that’s why we get our books sent to us to be able to go through them and check
I make a motion to approve, Mr. Mayor.
this kind of stuff and I appreciate the explanation.
Mr. Frantom: Second.
Mr. Mayor: All right, I’ve got a motion and a second, second, Madam Clerk, from the
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Commissioner from the 7. Voting.
Mr. G. Smith out.
Motion Passes 9-0.
The Clerk:
FINANCE
10. Motion to approve funding request from Augusta Economic Development Authority
(AEDA) for Augusta Corporate Park infrastructure projects. (Approved by Finance
Committee January 26, 2016)
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Mr. Mayor, again on committee day I asked the question, we’ve got a
million dollars set aside for the corporate park for infrastructure. It’s been there for 15 maybe 20
years and my question was then and it’s still today is is this money included or is that additional
money for the infrastructure at the corporate park because we did have a million dollars set aside
in the bank. I know it’s just paper, it’s just money, I mean but it’s just the taxpayer’s money so
my question is is this inclusive of that particular money. And I asked the question in committee
and I asked somebody to get me an answer on that. Maybe the Attorney or maybe the
Administrator somebody can say whether this is or is not a part of that.
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Mr. Mayor: Okay, when you say ‘it’ what amounts are you referring to and what ---
Mr. M. Williams: I’m referring to ---
Mr. Mayor: --- is the question about funding sources or amounts?
Mr. M. Williams: --- I’m referring to the million dollars that we already had set aside for
the corporate park. We’ve been owning that property for quite some time but we had a million
dollars set aside for infrastructure. Now the Development Authority’s asking for approval of
money to do some infrastructure so my question was in committee and the same question today
is that an additional money or is that money what I’m ---
Mr. Mayor: All right, I believe the Deputy Administrator wants to try to answer that
again.
Mr. Rhinehart: Yes, sir. I remember your discussion and after the meeting I reached
back out to Tim Schroer in Finance as well as Jim Plunkett to see if they had some memory of
some funds that had been set aside. They did not have any memory of or couldn’t locate that
particular amount. So to answer your question this would be exclusive of anything that might
have been deposited in the fund in the past. These are just the line items in SPLOST III and
SPLOST V that were on the voter approved SPLOST lists at that time for the corporate park.
And so this is to supplement that with some TIA money since you approved the MOU. But
we’ve not located any million dollars in a fund that Tim was aware of that had been earmarked
or reserved or held over that time period. We’ve not located such an earmark.
Mr. M. Williams: Ted, thank you so much for that but let me share just a little bit with
you. I remember when this government found a million dollars and I said I appreciate the person
who found it but I want to know who lost it. Where it is again now those two people you talked
to don’t have any recollection of that money and I really would be off base to sit here and say
about a million dollars out there that was set aside that was never set aside. And when that
corporate park came up the reason I know, Ms. Bonner, that the money was sitting there when
we were talking about building a racetrack out there and the money was already put aside for
infrastructure and had to be used for infrastructure. Now maybe it’s been used you know but
here we are again talking about accountability, talking about doing something but it’s just a
million dollars so we don’t have to sweat that too bad, it ain’t two million it’s just one. But I got
no problem approving it, Mr. Mayor, but I’ll get the information to you, Ted, and maybe we can
find it we can walk somebody down.
Mr. Rhinehart: We’d certainly be glad to continue to research for it. All I can assume
without further information is that maybe that SPLOST III money which is like a million or six
for the corporate park at that time when they were looking at a racetrack was what they were
looking towards. Since then of course through three and five has been put in that MOU that you
previously approved for the road out there.
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Mr. Mayor: The Chair recognizes the Commissioner from the 3, Commissioner Davis.
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Ms. Davis: Mr. Mayor, thank you I might be incorrect on this but I might remember
something being put in the SPLOST VII package that didn’t pass last year. That might be what
we’re thinking of I could be wrong but that could be a place to look. Thank you, Mr. Mayor.
Mr. Mayor: Thank you. All right, I’ll entertain a motion.
Mr. Sias: Move to approve.
Mr. Frantom: Lockett: Second.
Mr. Mayor: All right we’ve got a motion to approve with a proper second. Voting.
Mr. G. Smith out.
Motion Passes 9-0.
The Clerk:
ENGINEERING SERVICES
14. Motion to authorize the Administrator to identify a funding source within the
Environmental Services Department budget the $25,000 funding per site as the application
fee to participate in Georgia Power’s solar energy program however many sites at are
awarded to the City and to advertise an RFP for a private developer to lease land from the
City that the City is not using for $25,000 per year for 25 years. (Approved by Engineering
Services Committee January 26, 2016)
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Mr. Mayor, again I’m not against this item. Item 14 is something that
I can appreciate. I’ve got a couple of questions. First of all is Commissioner Lockett and I know
he has been very adamant about doing some solar type stuff but this came about quite some time
back. And I guess my question today would be is would this agreement with this approval where
would that money go to once the city starts to regain or get money coming in from the solar
panel? Would that money go to the Landfill Enterprise there or would that money come back to
the General Fund for the City of Augusta? And the answer I got last time I didn’t like it but I
got it so I wonder if I’m going to get the same answer this time.
Mr. Mayor: All right, so I’m looking at you do you want to, all right. The Chair
recognizes Administrator Jackson.
Ms. Jackson: Yes, we’ve had some conversation with the legal staff about that. If the
$25,000 dollars starts with an Enterprise Fund that at least needs to be paid back. If there’s any
profit over and above that this Commission can make a decision about how to handle that but the
Enterprise Fund would need to be made whole for anything that they invest in.
Mr. M. Williams: Can I respond, Mr. Mayor?
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Ms. Jackson, I’ve got no problem with repaying whatever we but my
question is and I think and this agenda item should state because that’s what happens when we
and that was just brought to the table by repaying the twenty-five. So if we repay the $25,000
and no one says anything then the rest of the money goes back to that same entity as well
because no one said anything. So I think those things should be laid on the table and I asked that
question in Legal and I asked that question in this meeting and in committee to where those
funds go. All that area all that land belongs to the City of Augusta enterprise or not a separate
city within itself, it belongs to this government. And I think that it ought to be brought back to
this government versus going to some other areas. And we only get to talk about enterprises
because we’ve got some different issues with that.
Mr. Mayor: Madam Administrator?
Ms. Jackson: As I said earlier if there’s, this body could make a decision if they want to
bring that money back into the General Fund. I don’t think that’s any problem but that would be
once such an agreement had been negotiated we understood there would be some profit. We will
bring that back to this board’s attention so you all can make a decision about where you want it
to be placed.
Mr. Mayor: The Chair recognizes Engineering Services Chairman, Chairman Fennoy.
Mr. Fennoy: Yes, I’d like to make a motion that once the $25,000 dollars has been paid
back then profits derived from this project will go into the General Fund.
Mr. Hasan: Second.
Mr. Mayor: Okay, hold on, hold on, hold on. All right, I’m going to give the
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Commissioner from the 1 to restate his motion. I want to make sure that Madam Clerk has it ---
The Clerk: (inaudible).
Mr. Mayor: --- okay I do.
The Clerk: Do you want me to read it?
Mr. Mayor: I want you to read it so everybody understands what’s before them.
The Clerk: The motion is to approve Augusta’s participation in the Georgia Power
Distributed Generation Solar Program paying the $25,000 per megawatt fee per site selection
authorizing the execution of all documents required under that program and issuing a request for
proposals for a third-party developer to design, build and operate the solar project on land to be
leased from Augusta. And once the $25,000 dollar fee is reimbursed to Environmental Services,
profits thereof shall go into the General Fund.
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Mr. Mayor: Okay.
Mr. Fennoy: Isn’t that what I said?
Mr. Mayor: But you made it as a motion so you had the main motion and you gave us
another motion. The reality of it is it should be an amendment you want to amend the main
motion.
The Clerk: Well, that’s just wording.
Mr. Mayor: Absolutely, just want to amend the main motion. So we’ve got an
amendment we’ve got a proper second for that. All right we have unanimous consent for that
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amendment without objection. The Chair recognizes the Commissioner from the 4.
Mr. Sias: Have you still got something?
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Mr. Mayor, I was just going to make a recommendation to my colleagues.
With this going out for an RFP that’s going to be the first step. When we get the RFP back from
our Procurement Department we could justify on the remainder of the money but with the
motion that my colleague made from District 1 I’ll be happy with that either way. I just wanted
for clarity because when it comes back from RFP we don’t know what it’s going return. We
know it’s going to bring in a good value on the investment so it is what it is. Thank you, Mr.
Mayor. Thank you, Mr. Fennoy.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 4.
Mr. Sias: With your consent, Mayor, I’d like to get just a clarification from Mr. Johnson.
On the $25,000 per megawatt per site selected, is any site possibly for more than one megawatt
more than one megawatt?
Mr. Johnson: No, sir, it is not. The cap on this specific program was up to a megawatt
per site.
Mr. Sias: I just wanted to make sure we didn’t end up paying $50,000 dollars for one site
because it would generate more than one megawatt but you’re saying that won’t happen.
Mr. Johnson: No, sir, Georgia Power caps it to one megawatt per site.
Mr. Sias: All right, thank you. Thank you, sir.
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Mr. Mayor: The Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Mayor. I want to applaud the Commissioner from Super
District 9 for recognizing the fact that Bill Lockett has been the Commissioner that’s been
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talking about solar energy for several years now. The last couple of weeks people thought
somebody else came up with the idea. I think we’re being limited if we just consider what Mr.
Johnson has talked about with Georgia Power for those three sites. Solar energy is much larger
than that. I get several calls from vendors because they know I’m the one that’s been pushing
solar energy in Augusta Richmond County wanting to come here. So we’re not just limited to
Georgia Power and we’re not just limited to the sites that our Environmental Director’s talked
about. We have many homes especially the ones that we are building. We are many
governmental buildings that can take advantage of this. Other cities are doing it more and more
on a daily basis and it’s time for us to step up to the plate. We may have to make a little
investment but our return on investment would be so significant until I don’t think anyone would
complain about it. And think about it, a clean environment, clean air and think about creating
additional jobs. So a few weeks ago this exact plan that Mr. Johnson talked about part of it was
voted down and you want to run me out of town because I supported it. But I’m glad to see
we’ve evolved now and we’re supporting this but we can’t stop with this we got to continue to
move on with solar energy and I think that would be one of the better things that’s happened in
this community. Thank you, Mr. Chairman.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4 for a motion.
Mr. Sias: Move to approve.
Mr. Lockett: Second.
Mr. Mayor: All right, we’re going to vote here in just a minute. All right.
The Clerk: We have a motion.
Mr. Mayor: We have a motion?
The Clerk: Yes, sir, Mr. Fennoy and ---
Mr. Mayor: We have an amended motion.
The Clerk: --- Mr. Hasan, item 14, right?
Mr. Mayor: Yes.
The Clerk: Yes, it was made by Commissioner Fennoy and Commissioner Hasan.
Mr. Mayor: That’s why I had the Clerk read it. All right, ya’ll want me to read it again?
Mr. Lockett: Please, please, Mr. Mayor.
Mr. Mayor: All right, Madam Clerk, if you’ll read the amended motion.
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The Clerk: Okay. Item 14 motion by Commissioner Fennoy second by Commissioner
Hasan motion to approve Augusta’s participation in the Georgia Power Distributed Generation
Solar Program paying the $25,000 per megawatt fee per site selected, authorizing the execution
of all documents required under that program and issuing a request for proposals for a third-party
developer to design, build and operate the solar project on land to be leased from Augusta. And
once the $25,000 dollar fee is reimbursed to Environmental Services, profit thereof shall be
entered into the General Fund.
Mr. Mayor: All right ---
Mr. M. Williams: Do they need to read it again?
Mr. Mayor: --- I don’t think so, I think we’re ready to vote. The Chair recognizes the
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Commissioner from the 5, state your inquiry.
Mr. Lockett: Thank you, Mr. Chair, the little spiel I gave was for the original agenda
item and not for the substitute and reason being if the Environmental has to make the investment
of $25,000 dollars, any proceeds and revenue gained on that it should go to them. If we want
revenue to come to us there are so many other things that we can do dealing with solar energy
that we can make money. But I think if Environmental is going to make a $25,000 dollar
investment any monies derived from that investment should stay with Environmental for them to
expand the program. Thank you, Mr. Chairman.
Mr. Mayor: All right, I appreciate that Commissioner and here’s where we are. I’m
going to leave it up for each and everyone to determine for themselves. Voting.
Mr. Lockett votes No.
Mr. G. Smith out.
Motion Passes 8-1.
Mr. Sias: Can we take the addendum item first (inaudible) we can do the addendum item.
Mr. Mayor: I think that’s an excellent idea, Commissioner.
Mr. Sias: Thank you.
Mr. Mayor: Madam Clerk.
The Clerk: The addition item (inaudible).
Mr. Mayor: Yes, ma’am.
The Clerk: Item number one.
The Clerk:
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ADDENDUM
20. Z-16-05 – A request for concurrence with the Augusta Georgia Planning Commission to
deny a petition by Sunny Patel on behalf of Shrryia Enterprises, Inc. requesting a change
of zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting property
containing .97 acres and is part of 2651 Tobacco Road. Part of Tax Map 140-0-706-03-0
DISTRICT 4 (Referred from January 19 Commission meeting)
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Mr. Mayor: The Commissioner from the 4 if you will be so gracious as to again make
the motion to receive Mr. Patel’s request without prejudice.
Mr. Sias:
Thank you, sir. Reference to our agenda item the addition to the agenda on
the request by Mr. Patel for a convenience store he has requested that item be withdrawn without
So with that being said,
prejudice which means he will be authorized to bring it back up again.
I move that we accept his request to withdraw the item.
Mr. Fennoy: Second.
Mr. Mayor: We’ve got a motion and a second. Voting.
Mr. G. Smith out.
Motion Passes 9-0.
The Clerk: We’re going to item 19, sir, or are you going to (unintelligible).
Mr. Mayor: Nineteen.
The Clerk:
APPOINTMENTS
19. Motion to approve the appointments of Mr. Frank Middleton to Board of Tax Assessors
to fill the seat currently held by Renee D’Antignac and Juanita L. Burney to the seat
currently held by Charles F. Smith effective April 25, 2016. (Requested by Commissioner
Marion Williams)
Mr. M. Williams: So moved.
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Mr. Mayor: The Chair recognizes the Commissioner from the 5.
Mr. Lockett: Mr. Chair, after the motion was made I was waiting to see if there was a
second before I said anything.
Mr. Mayor: I couldn’t agree with you more but you raised your hand and I asked you to
state your inquiry.
Mr. Lockett: Thank you, Mr. Chairman. Mr. Chairman, I don’t believe that we actually
realize the importance and significance of those people that are serving on the Board of
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Assessors; it is not the typical board. The people that are board members, they have to have four
different certifications in order to serve on the board. And it’s not just that you appear at a
monthly meeting and an agenda’s placed in front of you and you vote and you go home, it’s not
that. The Board of Assessors are the ones that direct the Chief Appraiser so that the Chief
Appraiser can direct his staff on what has to be done. It is so important that when the digest is
carried to Atlanta to the Department of Revenue if they don’t receive a conditional approvement
on that digest we cannot collect taxes. If we cannot collect taxes then that does not only impact
our government it also impacts the School Board. And if we cannot collect taxes in a timely
manner we will have to go out and make a loan to borrow money to continue the operation of
this government. Now this is one of those instances where we need to put the people and our
government above our self interests because it is a difficult job. And the two people that we are
talking about replacing is the Chair and the Vice-Chair of that board. The Chair, Mr. Charles
Smith, has served as Interim Chief Appraiser when we didn’t have a Chief Appraiser. We don’t
have that many people with the expertise to serve on that board. It takes at least two plus years
after you receive your certification to become comfortable in what you’re doing. And you have
a considerable amount of homework that you have to do in order to do the job on the Board of
Assessors. So I think that we should rid ourselves of the decisiveness, forget about friendships,
and go on reappoint those individuals to the board. But my motion today is going to be to
disapprove this agenda item.
Mr. Mayor: Okay, all right, so you’re making a motion, is that correct?
Mr. Lockett: I made a motion yes.
Mr. Mayor: Okay. Madam Clerk, did you hear a second?
The Clerk: Yes sir, Mr. Guilfoyle.
Mr. Mayor: Okay, all right, I’ve got a motion and a second which is consistent with
where we’ve been before. All right I’m going to go down here to the south side. The Chair
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recognizes the commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor.
Mr. Mayor: Would you speak into the microphone, Commissioner?
Mr. Hasan: Thank you, sir. Mr. Mayor, if I listened to my colleagues before 1999
obviously we didn’t collect taxes because Charles Smith was, didn’t come on until 1999 and
obviously we went into a lot of debt to keep this government solvent because we did this before
Tax Assessors have been around that much longer. I think it’s very, very said when we make
comments saying about what we can’t do in terms of functioning to remove Mr. Smith and Ms.
D’Antignac, Mr. Smith in particular. When you look at the board the boards an eight member
board, we’ll have five people on there if you take off Mr. Smith and Ms. D’Antignac and you’ll
have three people who will be brand new if you make this switch. Between those five persons
we’d have Mr. James Scott been there 13 years, Bryan Simkins has been there nine years,
Bernard Johnson would’ve been there I think it’s six years, William Lee has 17 years which goes
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back to 1999 but actually he’s been there since 1997 which he’s been there, that would make 19
years. And we have Tracy Williams have 1999 these numbers I’m reading out, Mr. Mayor,
come from our Finance Department but actually he’s been there since 1997 which makes 19
years. That means a total of five people who remain on that board has 66 years of experience on
that board removing those two that we’re talking about. With that, Mr. Mayor, we’ve over
$300,000 dollars to those persons and if they cannot and if they cannot find a chair and a vice-
chair from among them they don’t deserve to be paid. That’s our right. And another thing, Mr.
Mayor, this is what happens when you get longevity that board has been lobbying Commissioner
Lockett I’m sorry Commissioner Williams’ counterparts, his colleagues about the appointment.
We make these appointments, Mr. Mayor. If they wanted to stay it looked like they would’ve
called Commissioner Williams and, Commissioner Williams, I see you have my name on there.
I’d appreciate it very much if you give an opportunity to sit down with you and hear my case
about why I should remain on the board. So my colleagues is empowering this board which is
the main concern that I have. This is the main concern that don’t have enough decency and
respect to reach out to him who’s on the agenda. Now one of the appointments is mine to be
very clear about that, Juanita Burney, when I suggested but Commissioner Williams put it on the
agenda. But nobody has spoken to us about it other than the conversation I had with some of my
colleagues but why have not the board, the board has become more powerful then we have,
they’ve been able to do what they want to do. When you talk about how knowledgeable the
board is I shared some time ago we have an issue around a contract. That contract was brought
into play and I’m not going to name names, Mr. Mayor, for sense of that but we have a contract
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that we have that came into play June/July the 13 July the 8 2013 and in that meeting and I
have the minutes from the meeting here. The minutes clearly says that after the minutes was
approved it approved to hire our Chief Appraiser at that particular time once again to give him
another contract and we will forward it to the Administrator, never to the Commission. This
body here is the one that approves that they do the hiring with an approval of the governing
authority but based on the things that we are doing today that we’re empowering them against us.
So we look at the Commission look at the community a lot of times they have concerns about
this body this is the reason why because we’re not thinking about what’s best for the
government. We paid over $300,000 dollars, we got 66 years of experience on that board
remaining. Now if I factor in Charles Smith’s money, if I factor in Ms. Rene D’Antignac’s
money, we’re talking about a half a million dollars and over $300,000 dollars, 66 years of
experience and we can’t find a Chair and a Vice-Chair, something’s wrong with that picture,
something’s wrong with that picture, Mr. Mayor.
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Mr. Mayor: All right, all right, the Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. I appreciate my colleague’s comments. I’ve
got in my hand a list of board authorities and appointments and each one of them said duration of
term. Some of them say four years, some of them say two years, some say five years. Nobody’s
got a life-long seat in this government not anywhere. I’m going to be up for reassignment or
reelection however you want to look at it but the people are going to make a determination who
they want. I can’t stay here, Mr. Mayor, you’ve got a term limit on you as well but I’ve got an
issue I take this very seriously when we let people get away with doing some things and we act
like we don’t see it. And this is not personal, this is not attacking anybody we are not this is
about making the decision we’re supposed to make when the time is up. The last time we had
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this serious conversation and I said to this body, hey you can’t do that. We was lied to right here
on the floor and said we had to do it if we didn’t we was going, the sky was going to fall and we
had no place to get, Ms. Bonner, we just got to let whatever come out to help us hit us, that’s
what we was told and that was a lie. And from that point on it’s been going on and on and on
and I take issue though when we sit here and not act responsible enough to know when the time
has expired and you’re not reappointed you have to go. Let’s not talk about the raises and from
the, what came from within the board that we didn’t even know nothing about because they put it
into their budget and gave the raises that didn’t come before us and we know nothing about it.
And if I’m not mistaken and I’ve been mistaken a few times now but I’m going to take my
chances with this one I think they make around $675.00 dollars per meeting. Now how long the
meeting is I don’t know but I can stay all night for $675.00 dollars, I don’t make that up here. So
my question is how do we let those kinds of things get out of hand and when we’re talking about
checks and balances and we’re talking about accountability but we won’t address these serious
issues. If we’re going to be elected officials we’ve got to make the hard decisions and do what is
right by this government, Mr. Mayor, and that’s my comment.
Mr. Mayor: All right, I appreciate that. Okay so I’m going to go to the Commissioner
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from the 8 and then Madam Clerk I’m going to go back to the motion that we have.
Mr. Lockett: My hand’s up.
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Mr. Mayor: Your hand is up but I’m going to recognize the Commissioner from the 8
whose hand was up before yours.
Mr. Lockett: Before you go back to the motion.
Mr. Mayor: I don’t have a light up here but I guarantee I’m going to recognize you. The
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Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Mayor, you know we sit here and discuss
these issues. We just I heard you know I’d rather listen to somebody with experience than
somebody with no experience no different that our Directors that we have work for us. You
know we put these people into positions to learn off their experience their education et cetera but
when we look at the duration of some of these terms we did not set up that Charter for the Tax
Assessors Office, that’s done by our State Legislature. And if we need to that’s who we need to
reach out to to resolve this issue. If you want to put terms limits on it, it can’t be done by this
body. The only thing this body could do is change the places in the Chair but this was never
issued until the past four or five months. I didn’t hear it brought up in January when we had a
meeting with the State Delegation which is odd. Thank you, Mr. Mayor.
Mr. Hasan: May I have a Point of Personal Privilege please?
Mr. Mayor: Commissioner ---
Mr. Hasan: Point of Personal Privilege.
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Mr. Mayor: --- you know in school they have this thing where you raise your hand and
the teacher will recognize you. Let’s not blurt out. We just had an order I recognized the
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Commissioner from the 5 and I promise you I promise you if you raise your hand I will come
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back to you I promise you. The Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Chair, I’ll be real brief. Believe it or not I’m the only
Commissioner sitting up here that’s had firsthand experience of the Board of Assessors because I
served on that board up until the time I was elected as Commissioner. I know what it’s like on
the board and it’s very misleading to say that the board members are getting $625.00 dollars a
month for one meeting. There’s preparation for the meeting there’s work after the meeting that
has to be done. They required to go to CAVEAT each year in order to retain a certification. It
takes a good two to three years to feel comfortable with what you’re doing. I don’t have a dog in
the fight. No one has approached me to say Bill Lockett if you support this I’ll do that, I don’t do
that. But one thing I will do is what I feel is best for this community and I think it would be not
in our best interests to replace at least the Chairperson of that committee. And it’s been said that
well the number of years people have been serving on there, longevity doesn’t necessarily make
you a better person. Some of those people have served for years but they could not step up to the
plate and perform in the place of Chief Appraiser if he couldn’t be there as it has been done in
the past. So pretty much that’s all I’ve got to say about it. Thank you, Mr. Chairman.
Mr. Mayor: Thank you, Commissioner Lockett. The Chair recognizes the Commissioner
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from the 6 ---
Mr. Hasan: Thank you, Mr. Mayor.
Mr. Mayor: --- Commissioner Hasan.
Mr. Hasan: Mr. Mayor, in terms of this issue being addressed I have paperwork here that
this issues is also addressed in 2011 and the Commissioners did not take action on the floor. For
whatever reason the issue has come up several times and we’re talking about once again we’re
kicking the can down the road ---
Mr. Mayor: Commissioner, can you suspend, can you suspend? I want you to suspend.
All right, I want you from the body I want you to clarify. You obviously have some information
that maybe some of us don’t have. Whatever it is you have I don’t have and I certainly would
like to be made aware of when you say this issue was brought before this body in 2011.
Unfortunately I was in the Legislature at the time. I don’t know what it is you’re referring to and
I certainly want to be eyes wide open. Would you for this body and for the general public please
tell us what it is you’re referring to when you say this issue because what I have in front of me is
the issue of appointments. I have a suspicion that what you’re referring to is not about
appointments.
Mr. Hasan: It is.
Mr. Mayor: Okay, that’s fine would you share with us ---
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Mr. Hasan: Yes, sir.
Mr. Mayor: --- what you have?
Mr. Hasan: What I have here is a memorandum to Fred Russell coming from the Clerk
nd
of Commission Ms. Bonner March 22 2011. And what this is actually is for your information
I’m enclosing copies of Ordinance 6201 Deed of Prohibition of Appointments to more than one
Board or Authority, attendance at meetings, removal of Ordinance 6244 which amended
previous ordinances to include Section C Removal from a Board or Authority or Commission for
conviction of felony or a crime or moral turpitude and State Law O.C.G.A. 45-2-4 related to
public offices and employees holdover status in office until his or her successor and elected and
qualified in other words until the appointee either is reappointed and/or a new appointee is made.
And what was going on at this time, Mr. Mayor, there was concern about longevity on the board
at that time people serving over and over and over again. So that was the issue of the day. Now
when I said just now in terms of what my colleague Commissioner Wayne Guilfoyle was making
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mention of that this not about term limits. This is about a person’s term March the 24 I’m sorry
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April the 24 of this year the term at this particular time would’ve been expired. It doesn’t mean
he can’t be reappointed. This is about a Commission decision. So you can’t continue to kick the
can down the road when you have to make a decision it’s not a term limit, it’s not a term limit.
It’s just in fact their term has expired and so we’ve got to put two years or put four years that’s
not the issue here. The issue is making a decision about what is right for the taxpayers and to
Commissioner Lockett’s point if we are paying people over three hundred, because remember
now I’m not talking about Charles Smith, I’m not talking about Ms. D’Antignac. If we paid over
$300,000 dollars and you’re saying to the public that they cannot from among themselves find a
Chair or a Vice-Chair and all of us who got any common sense know this is a power move
because Charles Smith I won’t hesitate to say he would’ve been reelected, the Chair. But to put
Renee D’Antignac that’s so you wouldn’t touch him you wouldn’t we wouldn’t have the
conversation we’re having now. And with that, Mr. Mayor, we’ve been suspicious, my surely
myself I won’t speak for nobody else, Mr. Mayor, I’ve been suspicious every time appointees
came up for this particular board that they did not want to be removed. Now the evidence the
proof is in the pudding. They’re here fighting to stay here so the proof is there. They’re fighting
to stay here they’re being allowed to stay here so I don’t have a problem I just want it to be
exposed and how people are abused and are used around certain issues when it comes to things
of this nature. We like people that we can abuse. When you’re talking about our Chief Tax
Appraiser we’re talking about him. He was here November of 2014 misrepresenting the Tax
Commissioners Office. I asked him not to do it; he was invited here by Commissioner Wayne
Guilfoyle. I asked him to recuse himself from his office, he laughed. January of 2015 he sent
the Deputy Administrator up here around another issue that the Tax Commissioner issue has
nothing to do with his office this is misrepresenting the office as well. And I’ve got the minutes
on that, Mr. Mayor, if I need if you need to read them to the public. So a lot of this is going on
but at the same time this is acceptable to my colleagues. My only point is, Mr. Mayor, they do
what they want to do with it but being disrespectful and allowing people to go around your
colleagues is an insult to this governing body.
Mr. Lockett: Call for the question.
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Mr. Mayor: All right, we’ve got a motion and a second. All right, Madam Clerk, can
you just tell us what that motion is one more time?
Mr. M. Williams: You still have a call for the question, Mr. Mayor.
Mr. Mayor: We do okay I think I’m the Chair and I think I will get to it. I want Madam
Clerk I want the Clerk to read ---
The Clerk: The motion was to ---
Mr. Mayor: --- once more.
The Clerk: --- was to disapprove the appointments of Mr. Frank Middleton to the Board
of Tax Assessors to fill the seat currently held by Renee D’Antignac and Juanita L. Burney to the
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seat currently held by Charles F. Smith effective April 25 2016.
Mr. Mayor: All right, we have a motion and a proper second. Now I’ve got a call for the
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question. All right, the Chair recognizes the Commissioner from the 4 ---
Mr. Sias: Thank you ---
Mr. Mayor: --- state your inquiry.
Mr. Sias: --- as much as I wanted to have this call for the question, Mr. Mayor, I do want
to remind you that we do have a process of recognition and to get to that. So I would appreciate
it if you will back that up and bring that to the right perspective so we can get the call for the
question and somebody run this down. Thank you, sir.
Mr. Mayor: I’m not quite, sir, I understood what you said. All right the Chair recognizes
my Parliamentarian Attorney MacKenzie please tell us what our posture is, sir.
Mr. MacKenzie: Well, if there’s a call for the question that’s a non-debatable motion it’s
presumed to be no objection. If no one objects then you vote.
Mr. Mayor: And I don’t remember having that objection which is why I asked the Clerk
to read the motion with a proper second.
Mr. M. Williams: Wait a minute, wait a minute, now how ---
Mr. Mayor: Are you objecting?
Mr. M. Williams: --- when I said that, Mr. Mayor, what was I supposed do was I
supposed to write it out and give it to you? When he called for the question and you called for
the motion I said we’ve got a call for the question meaning that that was my objection then. So I
mean ---
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Mr. Mayor: My interpretation of that Commissioner was ---
Mr. M. Williams: Well, I was trying to get to you ---
Mr. Mayor: --- I was acknowledging that we had (inaudible).
Mr. M. Williams: --- you was telling me you was in control. I was trying to explain and
you told me you got it. You’re driving this train so I’m going to let you run it off the rail.
Mr. Mayor: I didn’t need an explanation. I asked the Clerk to restate the motion which
she did. We also had a call for the question. If you objected you could’ve simply said I object.
Now are you telling me you’re objecting now?
Mr. M. Williams: Mr. Mayor, I was trying to demonstrate to you then earlier.
Mr. Mayor: Okay.
Mr. M. Williams: You stopped me in the middle of what I was saying you said you had
this. Now what am I supposed to do now vote for it to come back now? If you do this thing
right everybody ought to fall in their respective places. When you call for the question and you
read for the motion to be read again I said, Mr. Mayor, there’s a call for the question you said I
got this, I’m going to handle it.
Mr. Mayor: I didn’t (unintelligible) motion to be read again ---
Mr. M. Williams: I understand.
Mr. Mayor: --- but my question to you is ---
Mr. M. Williams: I’m objecting ---
Mr. Mayor: --- you’re objecting.
Mr. M. Williams: --- we need to take a vote.
Mr. Mayor: Okay, all right, you’re objecting, Attorney MacKenzie.
Mr. MacKenzie: If an objection is made then the proper thing to do would be to take a
vote to call the question or not. If there’s a majority of yes then the question would be called and
you would vote.
Mr. Mayor: All right make sure everybody understands that.
Mr. M. Williams: I was going to say we need to clarify that.
Mr. Mayor: Restate it ---
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Mr. MacKenzie: Sure ---
Mr. Mayor: --- Attorney MacKenzie.
Mr. MacKenzie: --- the rules provide that if there is an objection which there is then the
Commission will decide whether to call the question or not and so you would vote on that now.
Mr. Mayor: All right.
Mr. M. Williams: Meaning, Mr. Mayor, if we have a majority vote to want to continue
this conversation we can continue. If not then we’ll go and vote on the item after that, is that
right?
Mr. Mayor: That is absolutely correct.
Mr. M. Williams: Well, he didn’t clarify that enough for me but I got that I want to make
sure it’s straight.
Mr. Mayor: Very good. All right, Ms. McFarley, what we’re going to vote on right now
is whether or not we’ll continue debate. All those in favor will vote yea and all those opposed
will vote no.
Mr. D. Williams, Ms. Davis, Mr. Hasan and Mr. M. Williams vote Yes.
Mr. Fennoy, Mr. Sias, Mr. Lockett, Mr. Frantom and Mr. Guilfoyle vote No.
Mr. G. Smith out.
Motion Fails 4-5.
Mr. Mayor: Very good. All right, now we’re back to the motion that’s before us.
The Clerk: The motion is to disapprove the appointments of Mr. Frank Middleton to the
Board of Tax Assessors to fill the seat currently held by Renee D’Antignac and Juanita L.
Burney to the seat currently held by Charles F. Smith effective April 25, 2016.
Mr. Mayor: All right, that is what’s before us. Voting.
Mr. Fennoy, Ms. Davis, Mr. Lockett, Mr. Frantom and Mr. Guilfoyle vote Yes.
Mr. D. Williams, Mr. Hasan, Mr. M. Williams vote No.
Mr. Sias abstains.
Mr. G. Smith out.
Motion Fails 4-5.
Mr. M. Williams: Madam Clerk, will you put this back on the next Commission agenda
please?
The Clerk: Yes, sir.
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PUBLIC SAFETY
17. Motion to approve an ordinance to amend the Augusta, Georgia Code Title Four,
Chapter One, Article Two, Section 4-1-7 related to classification of vicious or dangerous
dogs; Section 4-1-8 related to requirement for possessing vicious or dangerous dogs;
Section 4-1-9 related to restrictive movement of vicious or dangerous dogs; Section 4-1-10
related to confiscation; Section 4-1-11 related to violations and penalties; Section 4-1-12
related to nuisance; Section 4-1-16 related to definitions; Section 4-1-19 related to collar
and rabies vaccination required tags; Section 4-1-21 related to duty of owners to keep
animal under control; Section 4-1-25 related to disposition of impounded animals; Section
4-1-26 related to abandonment of animals; Section 4-1-27 related to cruelty; Section 4-1-29
related to disposal of dead animals; Section 4-1-36 duty to keep animal under control;
Section 4-1-37 tethering; Section 4-1-38 interference with Animal Control officer; Section
4-1-39 registration requirement; Section 4-1-40 compliance; Section 4-1-41 change in
address/ownership; Section 4-1-42 breeding of animals; Section 4-1-43 fees and fines;
Section(s) 4-1-13 thru 4-1-15 and 4-1-44 thru 4-1-50 reserved; and Section 4-1-53 related to
impoundment of straying livestock; to repeal all code sections and ordinances and parts of
code sections and ordinances in conflict herewith; to provide an effective date and for other
purposes provided herein. (No recommendation from Public Safety Committee January 26,
2016)
Mr. Mayor: Okay, we’ve got one more important matter that’s before us. I know there’s
a lot of interest in this next item and our posture is that we are going to have a lot of discussion
about it but I do want to give the audience an opportunity, Madam Clerk, can you speak to that
please?
The Clerk: Yes, sir, the Mayor will allow a three minute time limit for those citizens who
wish to address the Commission regarding the proposed ordinance dealing with Animal Services.
Mr. Mayor: And I’m limiting that to five speakers.
The Clerk: Okay and I will place the sign in sheet at each podium so those who wish to
address the Commission please come forward to sign in, thank you.
Mr. Mayor: All right and again, Madam Clerk, if you will just reiterate that one more
time for them that we’re limiting it to five speakers ---
The Clerk: Okay.
Mr. Mayor: --- and if you’ll tell them the time limit please.
The Clerk: Okay. For the benefit of any citizen in the chamber wishes to address the
Commission regarding the proposed animal ordinance there will be a three minute time limit
with five persons who be allowed to address the Commission. You can sign up at either podium.
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Mr. Mayor: All right, I don’t know how long this debate is going to take but let me, let’s
have the Commission stand in recess for just five minutes five minutes stand in recess for five
minutes. Okay I think, Madam Clerk, the way we’re going to do this is let me here from, well the
Chair of Public Safety is gone okay the Chair of Public Safety is gone. All right, we are going to
hear from the speakers I think that’s what we’ll do first, Madam Clerk, and then we’ll come back
to the podium, so we’ll take the speakers first.
The Clerk: Okay, our first speaker will be Mark Tribby. Dr. Tribby.
Mr. Mayor: And if you’ll remind them, Madam Clerk, of the time limit.
Dr. Tribby: Three minutes, sir.
Dr. Tribby: Thank you, Commissioners. I believe the county should sanction only if a
science based effective T and R Program that addresses the following concerns: the abandoned
cats, the cat owners, guarding their cat’s health, wildlife conservationists, animal cultural officers
doing their duties, public health and the county liabilities. I spoke about rabies last week and
diseases uniquely transmitted from cats to people and those risks but the plan is first any T and R
worker volunteer that needs to be protected for rabies with pre-exposure vaccines. We scan and
microchip any cat we trap to reunite lost cats to their owners and won’t have any T and R to do
on those. You vet the cats with neurologic signs that can mimic rabies, you test for infectious
diseases, perform human euthanasia of those ill or diseased animals. You treat for zoonotic
diseases those are animal to people diseases, you neuter, ear tip and microchip a large number of
them. Quarantine then to reduce the risk of rabies and do vaccines, de-worming’s et cetera,
aggressively adopt out the trapped cats that are adoptable and re-abandon the ones you can’t.
Public education is critical and just as critical as prohibit any supplemental feeding by T and R
volunteers or citizens because that causes immigration of new unneutered cats and increases
reproductive rates of unneutered cats you can’t trap and it gives reasons to people to dump more
cats in T and R areas. I’ve listed some legal concerns that I think need to be addressed to protect
the county and citizens as a whole because this is a risky business getting into. It’s a needed
business but we all have to have open eyes about it. I think microchips in my opinion are
excellent, there’s no mandatory annual fees to pay to be in the national database. You can
vitalyze a quicker return from home, you get them quicker out of the Animal Services less likely
to be euthanized. These addresses the concerns of pet owners who don’t want their pets
sterilized because they can be identified right off the bat. It also it can’t be fake. You can’t
switch a dog tag or a dog cat collar with a rabies tag from one cat to another cat or dog to dog.
The microchip’s in there so we know who the owner is and we know who the pet is so it adds
more security to people getting their pet licensed. But I think reinstating a pet licensing program
in Richmond County which existed through the 1960’s and educating the public for a full year on
the benefits of neutered and micro-chipped pets which is going to be available at all animal
hospitals in the animal services that will reduce the reduction of overcrowding of pets in Animal
Services. It just makes sense.
Mr. Mayor: Your time has expired, sir.
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Dr. Tribby: Okay, thank you. I just would like to add the veterinarians in Augusta, I
asked them last night would they be willing to help spay and neuter unwanted cats and
everybody said thumbs up so call your vets because we’d like to be of help.
Mr. Mayor: Thank you.
Dr. Tribby: Thank you, sir.
The Clerk: Okay, our next presenter will be Ms. Linda Braggman.
Ms. Braggman: Hi, thank you, Commissioners, my name is Linda Bragg Workman and I
was on the subcommittee. And the first think I would like to say is that I believe that this
ordinance was put together with a lot of thought and lot of work and a lot of arguments at times
but I think that this ordinance can and should be passed with a few changes in verbiage to some
of the provisions, okay? One of those provisions I want to discuss and then someone else
Carmen Armstrong with the Augusta Kennel Club will discuss the others with you. The one that
I want to discuss comes from my dealings with the Augusta German Shepherd Dog Club. It’s
the one where sterilization is required for all animals that are picked up by Animal Control
before they can be released to the owner. That’s a really negative thing and the reason why that
is there are a lot of animals whose health would endanger them to have sterilization surgery.
There are a lot of animals who are aged and that would present a risk in sterilization surgery and
then a lot of people in the CSRA do dog sports with their animals and a lot of those venues
require that the animal be intact. It is disqualified from competition if it is not an intact animal.
And so that creates a lot of problems for a lot of CSRA citizens who are involved in dog sports
which is a very good family activity. And the other thing is there are a lot of people who come
into the Augusta area for the Augusta Kennel Club shows, for the Augusta German Shepherd
Dog Club shows and they are and there are a lot of us who live here who participate in those
events. And a lot of these animals are extremely valuable. You’re talking some of the top dogs
in the nation that come into these areas to participate in these shows. You might have the
number one dog in the country and if it gets away because they’re staying at a motel and a motel
employee opens the door that it shouldn’t and the dog gets out and they can’t catch it and Animal
Control picks it up and they’re going to be sterilizing a $30,000 dollars show dog just because
they were able to pick it up and refusing to send it back to the owner. I think you’re going to
have a lot of legal problems with that too. I think that we need to make exemptions for verifiable
show and performance dogs, for dogs with verifiable age and health related issues and for dogs
that are here on a temporary basis in the CSRA that are not normal residents of the county. And
that’s what I would like for you to consider in changing that particular ordinance but I would
encourage you to evaluate and pass this ordinance with a few minor changes. It is not a bad
ordinance we worked very hard on it and it does address a lot of the problems that we have.
Thank you very much and Carmen Armstrong will address the other issues that we’ve talked
about.
Mr. Mayor: Thank you very much, your time has expired.
The Clerk: Our next presenter will be Ms. Dorothy Williams.
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Ms. Williams: Thank you, Mayor Davis and Commissioners. First I wanted you to know
that our committee is made up of almost 140 years of knowledge. Linda Finnegan 20, Mr.
Jefferson 25, Dr. Tribby 20 and that’s just, I didn’t steal that, I didn’t I had it down here already,
and that’s just a portion of the people. So I wanted to talk to you about spay and neuter. When
we believe that for one of our main objectives was to reduce the euthanasia rate in our area and
the easiest fastest way to do that is mandatory spay and neutering. By the time I got on the
committee which was the first of the year we were led to believe that that would never pass so
we started looking at alternative methods and one of that was licensing. But what’s important is
that there be a big enough variance between unaltered and altered dogs in pricing that people will
go why are you paying $10.00 dollars and you’re paying $50.00 dollars, oh I need to neuter or
alter my dog. And like we have received a grant of the Augusta Animal Services, we have 300
no cost surgeries that will be available soon. Dr. Tribby talked about the vets that are willing to
help with it so what I’d like to say is if you would just give us an opportunity to try it, task the
Advisory Board, have us come back, give you statistics but at least try it because we invested a
lot of time and there’s a lot of variance in prices. Carlyle Pennsylvania started out with $25.00
dollars or $100.00 dollars. Aiken has, it’s zero if you’re altered and you’re micro-chipped,
$30.00 if you’re not micro-chipped, $100.00 dollars if you’re unaltered and that’s lifetime fee.
So there’s lot of variances and we spent a lot of time talking about it and what we thought would
work in our county. I also put together some numbers if anybody’s interested, financial
numbers.
Mr. Mayor: If you’ll just share those you’ve got one minute remaining.
Ms. Armstrong: Okay. The American Veterinary Medical Association has a pet
calculator and I just took put in a population of 200,000 and came up with cats and dogs. We
went with a ratio of we have 60% that are already altered and 40% that aren’t. Altered animals
at 60% would bring in about $564,000. Unaltered a million eight but we have to realize it could
be six years before you even came close to those numbers because implementing something like
this going to take years it’s not going to happen overnight. Thank you.
Mr. Mayor: Thank you.
The Clerk: Our next presenter Ms. Carmen Armstrong.
Ms. Armstrong: Hi, my name is Carmen Armstrong. I’m with the Augusta Kennel Club
as I’m sure you remember from me having been here before. I would like to follow up and thank
everyone that’s been working very hard on this. No piece of legislation is ever 100% loved by
everybody on each side. I think this one has come close. Ms. Bragg Workman mentioned one
item that we’d like to see amended and I’m going to mention three others. One of them part of
the ordinance authorizes a Warrantless Search and Seizure. It says that an Animal Control
officer can come onto your property and do whatever he wants with your pet. With a little bit of
change in the wording with getting a warrant coming with a law enforcement agent I think that
would resolve that issue. The other section is removing an animal in distress from a car. We
certainly want action if a pet is in distress, too hot, too cold, hung up on a chain whatever. In my
letter to you all not too long ago I mentioned the way we’d like the wording to be. It would
make it more specific and it’s a simple change. And the third one that we have an issue with is if
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an Animal Control officer believes a dog poses a threat to public safety, very vague and we’d
like to see that tightened up. And again we don’t want an immediate impoundment unless
there’s a hearing where a dog is actually judged to be dangerous. The last time I was here I
mentioned I was from New York and we, most places in New York the place I was from has
control such control on their euthanasia rates that we’re importing, they’re importing dogs from
here up north by all types of means. There are pilots that will fly them up, they keep their pilot’s
license by doing a free trip to the north with these dogs when there are no dogs or very few dogs
at the shelters. So you asked me how it happened. The biggest thing is education and imparting
the knowledge that being a responsible dog owner means not having your pet breed. The way to
do that is to hire a person, a dedicated person who’s going to be the face of the shelter to TV, to
radio, to magazines, to community groups, to schools, to everyone they can get out there and talk
to. Promote spay/neuter, promote adoption, promote the shelter. It can’t be done as a sideline by
someone who’s already overworked at the shelter. Photos of the animals should be displayed on
the shelter’s website. The shelter should be open on a weekday. I understand it’s only open two
hours on a weekend sorry, it’s only open two hours on Saturday. The product that they’re selling
are homeless pets. If you need a product, you need the public to be, if you want to sell a product
you need to have the public have access to that product. And families want to go and adopt pets
together on the weekend with their kids and having the shelter open on a full weekend day would
be great.
Mr. Mayor: Carmen ---
Ms. Armstrong: Okay?
Mr. Mayor: --- your time has expired.
Ms. Armstrong: Okay and just one more thing a low cost fund would be great. Thank
you very much for listening.
The Clerk: Our last presenter not the least Ms. Linda Finnegan.
Ms. Finnegan: Mr. Mayor, Commissioners, thank you for allowing us to speak. In an
effort to say the good things that are happening at the shelter and to help refute some of the
misconceptions that are being perpetuated in the media and in the social media I would like to
highlight some very good things that are happening at the shelter right now. Over the past year
or longer all of our volunteers have been coming twice a week bathing animals in order to get
them ready for surgery and adoption events. Volunteers are taking pictures of those animals,
posting them on Pet Harbor, social media and other websites. New walking and training
programs are in the works and should be implemented in the next few weeks. Working with
people from the University of Wisconsin and a rescue group in Canada the staff has arranged
four transports of dogs that were flown to Toronto to find new homes. Additional multiple
transports have been sent to the Atlanta Humane Society including one this week I think it even
was today. Local rescue the local rescues Dog Networking Agents and Save the Animals Rescue
Society have also pulled animals from our shelter and transported them all over the United States
mostly to the northeast and the Midwest which we were talking about how their existing
ordinances has allowed space in their shelters so they can absorb our animals. Offsite adoptions
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happen weekly with the help of Dog Networking Agents at Pet Smart so 15 or so animals are at
Pet Smart every Saturday and so they have that opportunity to do that family adoption thing at
Pet Smart but they also can come to the shelter for those two hours. Other offsite adoptions
occur periodically at Fort Gordon, Surrey Center and one this weekend is at the Southside ‘Y’.
We have four clinics a year, micro-chip and vaccine clinics we’ve got that one program where
we’re have no cost spay and neuters 300 of them that should be implemented and started this
month as well. Our volunteers have donated a plethora of items, beds, leashes, food all kind of
transport you know crates for transport they have been arranging that as well. The shelter itself
has you know made their facility better its resurfacing floors, replacing washers and whole lot of
other things. Now one of the most exciting recent developments is the creation of the Friends of
Augusta Animal Services whose mission is to create a better experience for shelter animals to
support the director and staff to created programs to benefit the community.
Mr. Mayor: Your time has expired.
Ms. Finney: Okay, can I say the one thing we have we have a tax deductible fund set up
with the CSRA Community Foundation that is supposed to help with non-budgeted items in our
new programs. And our euthanasia rate is 56%, it’s not 70.
Mr. Mayor: Thank you, your time is expired. All right (APPLAUSE) all right, I want to
direct everybody’s attention to a couple of things that you need in the package that was handed
out by Ms. Bonner the revisions to the agenda has some additional information for Item 17.
There at the summary of the Animal Services Subcommittee recommendations there’s a
summary from the Law Department that was in tabular form. I appreciate Mr. Bray for working
diligently in putting that together. And there is what I am calling the proposed amendment from
Commissioner Frantom and the proposed amendment from Commissioner Guilfoyle. All right
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we’re going to go in this order. The Chair’s going to recognize the Commissioner from the 4
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the Commissioner from the 4 Subcommittee Chair to speak to this matter and after he speaks
thth
I’m then going to recognize the Commissioner from the 8 then the Commissioner from the 7.
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The Chair recognizes the Commissioner from the 4 Commissioner Sias.
Mr. Sias: Thank you, sir. To avoid any confusion I have a proposed, if you would say an
amendment to our ordinance but for the discussion purposes, Mr. Mayor, I’ll refrain from
making that motion until we circulate through if that can be an agreement that everyone else will
hold that until it comes back around. So first I want to say thank you to all the folks who worked
on this project the subcommittee, the Animal Advisory Board and other members who
participated, the public, the staff and who worked very hard trying to find a good ground for this
project to be effective. So I’m not going to say this long when it comes back around to me I
have a couple of amendments that I want to put in, suggestions to this. I am pleased with what
we’ve gotten to do gotten to where we’ve gotten to where we are at this point. And I know
we’re not going to please everybody as a matter of fact my colleagues and I through discussions
we’re still a little twisted on a little time but we’ll see what we can come out of this. Thank you
for the opportunity, Mr. Mayor.
Mr. Mayor: All right, thank you, sir. All right the Chair recognizes the Commissioner
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from the 8.
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Mr. Guilfoyle: Thank you, Mr. Mayor. I’d like thank Commissioner Sias for heading up
the subcommittee, Director Sharon Broady, Kenneth Bray. I’d also like to thank Ms. Workman,
Ms. Williams, Ms. Finnegan and Ms. Armstrong for coming before us. And there’s a lot of great
things that happen out of this subcommittee and I think it just showed on the floor just now you
know you need to get out of the mind set if you ain’t with us you’re against us so a lot of good
things did happen. My recommendation is pretty simple you heard four of them from Ms.
Armstrong and Ms. Workman. One is show dogs and working dogs. You know the only thing
they ask in this one time exemption. If they get impounded that they do not have to be required
to be spayed and neutered as long as they got the verification documentation with that. The
warrantless search I just found out last week my colleague had told me that that was originally in
the ordinance, they didn’t come up with it on their own and this is something that has, that
should be publicized. And I appreciate my colleague, Commissioner Sias, for enlightening me.
Mr. Mayor: Commissioner Guilfoyle, can you suspend for a moment ---
Mr. Guilfoyle: Well ---
Mr. Mayor: --- can you suspend for a moment. I think that perhaps one of the best ways
for us to try to approach this and move expeditiously through it to your credit we’re now hearing
some of the same things that the speakers have shared with us. It might be appropriate for us to
draw our attention to the ordinance that was sent from committee.
Mr. Guilfoyle: Can I just ---
Mr. Mayor: I’m coming back to you I promise you I’m coming back to you. Just
suspend for a moment I’m going to try to help you help us.
Mr. Guilfoyle: That’s fine with me, sir.
Mr. Mayor: So here’s what I’d like to have everybody do. Take if you will take the
ordinance that has been given to us in your notebooks under Tab 17. All right Commissioner
Guilfoyle has some proposed changes and I appreciate the fact that they are referenced by
section and if we’ll draw our attention to Section 4-1-25 which is this first one 4-1-25. All right,
Attorney MacKenzie, I’m going to need your parliamentary support on this. I think it would be
very important to do this. Is it proper for us to take each one of these individually and can we
vote it up or down and move on? In other words if we have a suggestion or an amendment under
4-1-25 which is add exemptions, if there’s support for it we just take a vote and if it fails we
move on to the next one and we go in that manner.
Mr. MacKenzie: Yes, the rules specifically contemplate dividing the item that way. The
only suggestion that I would make is some of these are just, it doesn’t have the exact language
it’s saying here’s what we’d like to fix. It would be subject to the final version coming back to
the Commission for approval where that change has actually been implemented into the language
so you have specific language for each part of it. If you vote it up or down that would certainly
give staff direction.
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Mr. Mayor: I think it’ll help expedite where we are otherwise we’ll have this document
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perhaps Commissioner Frantom’s document and the Commissioner from the 4 yielded and
we’ll have to come back to his document as well. All right, okay, all right, state your inquiry.
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The Chair recognizes the Commissioner from the 4 state your inquiry.
Mr. Sias: If we’re going to do thank you, if we’re going to follow the procedure that
you’re now mentioning then I would request that we come back and we’ll start with what I had
because I yielded on the fact that we will have discussion and then come back with our
proposals.
Mr. Mayor: Okay.
Mr. Sias: And you have a copy of mine on your area.
Mr. Mayor: Okay all right so again I think I think in all ---
Mr. Sias: Mine was intended to be a motion with all those items.
Mr. Mayor: Well, I think for brevity, Commissioner, it’s important for us to look at them
and take them up individually so the folks know what we’re voting on ---
Mr. Sias: Not a problem.
Mr. Mayor: --- as opposed to trying to cobble it together down the road. And I think
that’s probably the best posture for us to be in. All right so here’s what we’ll do again.
Commissioner Guilfoyle has the floor and I promise we’ll come back to you. I don’t have a dog
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in this fight today maybe in March I’ll get me one if the Commissioner from the 9 will work
with me. All right so ---
Mr. Sias: That gentlemen’s agreement fell apart didn’t it.
Mr. Mayor: --- no, no it didn’t fall apart because I’m trying to help you help us get to the
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point where I think we need to be. All right let me recognize the Commissioner from the 9 for
an inquiry and then we’ll come back.
Mr. M. Williams: Thank you, Mr. Mayor, I agree with what you just said but I think it’s
going to cause a problem if we vote on one section for Commissioner Frantom and another for
Commissioner Sias and Mr. Guilfoyle. It’s going and I mean I don’t want to send it back to
subcommittee for sure but I think it ought to be at least put together so we can look at everything
and digest that before we vote on something then we turn around and say I didn’t know that was
in there. I mean and this has been worked on for quite some time so I certainly don’t want us to
sit here and think we can do it by picking and putting things together and we solve it when they
worked on it a year and hadn’t solved it. We need I really need to look at it. I understand if I
can continue Ms. Workman said something about if a show dog gets lost or gets out of the
kennel or gets out from the hotel and that has happened. I’ve got someone who had a very
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expensive animal who got away and the neighbor ended up finding it in an adjacent county and
knew the man who carried it back to him and people were just overly grateful. But that dog had
got to the shelter and they had to put that dog down or neutered that dog that’d been a really bad
situation.
Mr. Mayor: Right.
Mr. M. Williams: The other thing Dr. Tribby talked about was spay and neuter. From
my observance once you do that to an animal it changes the shape of that animal. It makes that
animal what’s the word, Doc, I don’t know what the because it does change an animal what’s
that?
Ms. Speaker: Docile.
Mr. M. Williams: Docile right okay I mean it does and so you have to be really careful
about what you approve here because ---
Mr. Mayor: All right so here’s the so, Commissioner, thank you so much I couldn’t
agree with you more. So what I don’t want to do is I don’t want anyone on this dais to feel like
I’m not going to give them an opportunity to be heard. All right so what I’m suggesting we do is
not a final document but if you have these proposed amendments to the document that was sent
forward from the committee with no recommendation. All we’re saying at this point is that
you’re going to take these proposed changes amendments and look at them individually vote it
up or down line by line and if you have support for it then as we are going through that’s why
our Clerk’s here so that she can take it and say if we take these proposed changes for these page
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28 Commissioner from the 4 what he’s suggesting we do is strike all of the language after
vaccination exists. So he’s striking some things in this and so if that be true and you say well we
support that you get six votes to support that. If you don’t it fails then we move on to the next
one. Ultimately what you end up with is a single document that the Clerk has clear record of
what we’re inserting what we’re striking and then share that document with us so that you can
either vote for it or vote against it as a single document, that’s all I’m proposing. All right now
having we do it all the time that’s how we do it all the time. All right so now, Commissioner, is
that?
Mr. Sias: That’s fair enough but I started.
Mr. Mayor: Okay, you did and you yielded and you yielded.
Mr. Sias: That wasn’t on the floor then. Come on, come on, now let’s have some
etiquette here now. That wasn’t on the floor when I yielded.
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Mr. Mayor: Well, if the Commissioner from the 8 is willing to defer to you then I’ll
certainly –
Mr. Guilfoyle: I’ll be happy to he’s ---
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Mr. Mayor: --- okay.
Mr. Guilfoyle: --- the Chair of the Subcommittee.
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Mr. Mayor: Okay, all right. The Chair recognizes the Commissioner from the 4 to
present his amendment.
Mr. Sias: Reference to this ordinance as presented and as we’ll now take I will assume
an informal vote on these particular items. Page 28 reference Section 4-1-25 that is the part that
refers to sterilizing the animals once they are impounded. The Commissioners all have a copy of
that and my suggestion is to take that into impounded dogs and cats will be vaccinated for rabies
at the owners’ expense if no current proof of vaccination exists. If in fact now for commentary if
that animal is not ever reclaimed from Animal Services then they have the right to do what they
need to do with that animal. But upon the initial impoundment period the animal will not be
vaccinated, would not be sterilized, simply vaccinated for rabies and the owner has to pay for it
if there’s no current proof.
Mr. Mayor: All right so, Commissioner, here’s how we’re going to do it. Your
amendment what you’re proposed amendment is, is striking ‘C’ as it is in the proposed ordinance
and inserting, impounded dogs and cats will be vaccinated and ending there. Is that correct?
Mr. Sias: For rabies at the owner’s expense if no proof of current vaccination exits.
Mr. Mayor: All right and you’re striking the rest of that, is that correct?
Mr. Sias: That’s correct.
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Mr. Mayor: Okay. All right the Commissioner from the 4 is proposing that again Line
C that we strike Line C and insert impounded dogs and cats as you see it read here. Attorney
MacKenzie, is that proper?
Mr. MacKenzie: Yes.
Mr. Mayor: All right, so is it also proper for us just to have a show of hands otherwise
we’ll be back and forth in the machine. Can we just do a show of hands? That’s certainly
proper.
Mr. M. Williams: What’s the question, Mr. Mayor, on that particular one?
Mr. Mayor: All right, so the question that’s before that I’m posing for the
parliamentarian is that you vote by show of hands.
Mr. M. Williams: I understand that.
Mr. Mayor: Okay.
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Mr. M. Williams: I’ve got a question I’m trying to ask.
Mr. Mayor: All right, state your inquiry.
Mr. M. Williams: My inquiry is that how many days I mean what time period is going I
mean is there a time period that these animals to be? I mean because there’s got to a start from
the time they get there until the time the owner reclaims it. If the owner doesn’t reclaim it and
we done used the facility for rabies and other things that we’ve done how much time I guess I’m
trying to figure out?
Mr. Mayor: Okay so right now, Commissioner, I appreciate that and with regards to the
amendment that’s not germane. The issue of impoundment of how many days that’s in Line D,
it does begin to speak to that matter but right now all we’re trying to address is whether or not
you support the amendment that the Commissioner has proposed. All right so here’s what we
want to do. All those in favor of the amendment to Line C striking the current Line C and
inserting what has been presented all those in favor in a show of hands. Okay, that’s unanimous.
The Clerk: With Mr. Fennoy and Mr. G. Smith out.
Mr. Mayor: And Lockett.
The Clerk: And Lockett okay.
Mr. Fennoy, Mr. G. Smith and Mr. Lockett out.
Motion Passes 7-3.
Mr. Mayor: All right, so our next one page ---
Mr. Sias: Page 39 Section 4-1-39 that is a registration requirement whereas we have Line
1 that says, are we there yet? Page 39 Section 4-1-39 Line 1.
Mr. Mayor: Okay, Commissioner.
Mr. Sias: Line 1 to read to obtain a registration or license tag. Owners must provide
proof of current rabies vaccination and proof of spay or neutering if registering an altered animal.
Strike Section 2 and Items A & B.
Mr. Mayor: Okay, all right, so I want to make sure everybody is clear. All right,
registration Line 1 Section 4-1-39 the proposed amendment is as it reads and I don’t think I need
to read it again but we will, to obtain a registration license tag owners etc, etc, etc. And you’re
striking the existing Line 1, is that correct?
Mr. Sias: That’s correct, yes, and restate it as it was read.
Mr. Mayor: Okay and you’re also striking Section 2 or Paragraph 2 ---
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Mr. Sias: That’s correct.
Mr. Mayor: --- A and B.
Mr. Sias: Yes.
Mr. Mayor: Is that correct? All right, okay we’ve got some questions. The Chair
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recognizes the Commissioner from the 3.
Ms. Davis: Thank you, Mr. Mayor. I was just wanting to make sure that this doesn’t,
this doesn’t reference any fees when you’re registering an altered animal. I’m just making sure
that this section is just when you’re registering an altered animal but it’s not discussing any fees.
I just want to make sure.
Mr. Mayor: I don’t think I don’t see anything in reference to fees in there but, ---
Mr. Sias: Not ---
Mr. Mayor: --- hold on one second. The Chair recognizes the Commissioner from the
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4.
Mr. Sias: --- not in this particular section, Mr. Mayor, but there’s a section when we get
to the fees that will be addressed.
Mr. Mayor: Yes, that’s what I saw as well. Again the item that’s before us the Chair
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recognizes the Commissioner from the 7.
Mr. Frantom: I think my question’s been answered. I just want to make sure I get to
discuss the fees.
Mr. Mayor: Absolutely, absolutely so what’s before us right now is again just this
registration requirement and how to go about that per Item 1, Line 1. All right the Chair
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recognizes the Commissioner from the 9.
Mr. M. Williams: And to go back to my initial question, Mr. Mayor, that’s why I wanted
to know if this packet was put together in separate packages so I can look at everything because
if I support this and don’t know what the fees are then I turn around and don’t support the fees it
won’t do no good to support it. So those things ought to be put in place so I’ll know that I
supported something that I think the community can live with. But if I support something and
not knowing that’s like ---
Mr. Mayor: Well ---
Mr. M. Williams: --- I mean I know it’s difficult but I’m just that’s why I asked that
question because I want to make sure if I support one item and there’s a fee that goes with it I
can support everything. I don’t want to support half and then say well I can support that one.
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Mr. Mayor: --- absolutely I think we’re I think we’re going to get there it may be a
painful one but we’re going to get there, we’re going to get there. All right, so again we have a
proposed amendment there doesn’t appear to be an objection at this point. All right, all those in
favor of the amendment as proposed let me see a show of hands.
Mr. Sias: You’ve got another one down, you’ve got three down there, three on this end.
The Clerk: Mr. Guilfoyle and Mr. Williams, are you ---
Mr. Guilfoyle: Yes, ma’am.
The Clerk: --- are you affirmative, Mr. Williams’.
Mr. Mayor: Five.
The Clerk: Six, no, we just need Mr. Williams. Are you not voting?
Mr. Sias: I saw a hand keep coming up late.
The Clerk: You’re not voting, sir?
Mr. M. Williams: No, ma’am.
The Clerk: Okay, so that carries six with Mr. Williams not voting.
Mr. Fennoy, Mr. G. Smith and Mr. Lockett out.
Mr. M. Williams abstains.
Motion Passes 6-0-1.
Mr. M. Williams: I don’t know what we’re voting on now, I didn’t hear anybody else ---
Mr. Mayor: Okay ---
Mr. M. Williams: (inaudible) figured out.
Mr. Mayor: --- all right so what you just voted on again is Sias’ amendment 2 and 3
that’s deleting Line 2 Paragraphs A and B. Okay? Now this gets us to the final Sias amendment
and that’s the fee schedule, all right?
Mr. Sias: Yes, sir, thank you. Page 40 Section 4-1-44 that is a fee schedule and my
proposal on that reflects only in the registration of intact animals. That and the registration
according with this proposal is $10.00 dollars on a reoccurring and an annual basis. And this
also in a prior thing that remove the just for information the mandatory micro-chipping was
stricken out of this so there’s no requirement that you have mandatory micro-chipping. You, if
the person so desires, the Animal Services can gladly provide that service for a fee.
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Mr. Mayor: All right, so let’s clarify this. Your amendment is to again strike includes
micro-chipping and striking the fees and having a simple fee of $10.00 dollars annually.
Mr. Sias: That’s correct.
Mr. Mayor: Okay.
Mr. Sias: Striking mandatory micro-chipping that came up in the other item as we just
got a chance to say with the annual registration being $10.00 for intact animals.
Mr. Mayor: All right, Madam Clerk, I want to sure we’re getting that. You’re good with
that?
The Clerk: Uh-huh.
Mr. Mayor: Okay, okay now in the fee schedule there are multiple references to micro-
chipping. There’s again here on the 4-1-44 there’s an annual registration fee for intact cats or
dogs including micro-chipping and you’re striking micro-chipping, is that correct?
Mr. Sias: That’s correct.
Mr. Mayor: All right and then here under miscellaneous micro-chipping of impounded
animals.
Mr. Sias: That is also correct.
Mr. Mayor: Okay, I want to make sure we’re all on the same page.
The Clerk: So all micro-chipping is out?
Mr. Sias: All mandatory micro-chipping.
The Clerk: Mandatory, okay, all mandatory, okay.
Mr. Frantom: (Inaudible).
Mr. Mayor: Okay I think you’re going to have to come back to that.
Mr. Frantom: Are we going to discuss this?
Mr. Mayor: We absolutely are. We’re just, I want for clarification to make sure we’re
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talking about it. The Chair recognizes the Commissioner from the 7.
Mr. Frantom: Thank you, Mr. Mayor. I’m kind of going back and forth a little bit on
these fees and the structure. And I think we’re getting to a point where the fees aren’t
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necessarily worth doing at all on the registration piece because of the intake, how it’s going to
be, the amount of money we’re going to bring in, it’s not worth doing. And basically you’re
penalizing the responsible pet owners by having these fees because the people that are not that
aren’t doing aren’t going to pay these fees anyway. And I think what I would like to see just to
is that we have about 100-150,000 and it might not be an accurate totally that but fees that come
in outside of this ordinance to go to the General Fund. And I think that in 2017 we ought to
move those funds towards Animal Services and also we should put an educational fund of
$20,000 dollars for the rest of this year before this ordinance is passed to basically educate the
public, low cost spay and neutering and really folks on getting it right and these funds would
come out of the Contingency Fund that we have.
Mr. Mayor: Commissioner, can you further clarify that, I mean speak to that, where in
the proposed ordinance we would be addressing that issue?
Mr. Frantom: Which one?
Mr. Mayor: Your last statement.
Mr. Frantom: I mean basically I was giving the reasons on why I think the fees shouldn’t
be in place for registration fees and then backing up where there’s other funding. We already
have the money coming in we just need to instead of going to the General Fund send it back to
Animal Services for the 2017 budget and there’s money there to get some things done without
taxing the taxpayers.
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Mr. Mayor: Okay, all right, okay, the Chair recognizes the Commissioner from the 3.
Ms. Davis: Thank you, Mr. Mayor. Can I get some clarification on that from the
Administrator or from Ms. Broady as far as those fees that Commissioner Frantom mentioned
that are coming from fines and penalties? Is that, so that money that those fines and penalties
goes back into the General Fund and not to Animal Services operations?
Ms. Jackson: Yes, that’s correct. Historically all of the fees that we collect just go into
the General Fund period.
Ms. Davis: And that’s typically $100 - $150,000 dollars a year?
Ms. Jackson: Yes.
Ms. Davis: Okay, I’m in full support of those funds going back to Animal Services.
Mr. Mayor: Okay, all right, well, let’s make sure I want to make sure that we are
documenting this accurately. All right I’d like to have a, Attorney MacKenzie, I want you to
help me on this one.
Mr. Sias: Mr. Mayor, may I make a comment before you get there if you’ll allow me?
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Mr. Mayor: Okay, all right, the Chair recognizes the Commissioner from the 4.
Mr. Sias: For the sake of, thank you, Mr. Mayor, for the sake of clarity if I would and
with your consent I would like to bring everyone’s attention to Section 4-1-43 Line D, Section 4-
1-43 Line D where is talks about fees and fines. Part of what would have to be included in the
discussion of what Commissioner Frantom just proposed is the fact that it said in Line D fees
collected in connection with enforcement of this chapter shall be used to enhance the services
provided by the Augusta Animal Services Department to include public education programs,
spay and neuter and other related services. It was brought to our attention that that particular line
item covers every dime fees everything done by Animal Services in relation to Animal Services.
If in fact we agree with what Commissioner Frantom is saying then I think we could do we could
accomplish that simply by putting a cap on that such as if we say 50,000, 25,000, 30,000 or a
100,000 whatever that’s just for consideration. So as we talk about the fee that we ensure that
we do not lose sight of Line D in Section 4-1-43. Thank you.
Mr. Mayor: All right, the Chair recognizes the Commissioner ---
Mr. Frantom: (inaudible) two different items.
Mr. Mayor: --- yes, they really are two separate issues. I hear what you’re saying,
Commissioner, but they are two separate issues.
The Clerk: I was asking for clarification, Mr. Mayor. Mr. Frantom, regarding the 2017
fees should be placed in the General Fund with Animal Services Department. And then he made
mention of $20,000 dollars from reserve?
Mr. Frantom: I think using $20,000 in contingency that we have currently for this year to
educate through this year as we get started into the structure.
The Clerk: For education purposes, okay.
Mr. Mayor: Okay, all right, so we have a couple of things here. All right, I want to make
sure that we are clear on annual registration. The amendment is for a flat rate of $10.00 and
that’s a single fee, is that clear? Okay, for intact animals, that’s correct. That’s per animal,
okay? All right I’m going back to my original just making sure everybody’s on the same page.
And we’re striking micro-chipping, okay?
The Clerk: Mandatory.
Mr. Mayor: The mandatory. All right, miscellaneous based on what we heard was
striking again micro-chipping of impounded animals, is that not true.
Mr. Sias: But the micro-chip service would still remain but that is the mandatory micro-
chipping is –
Mr. Mayor: In the fee schedule we’re striking this.
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Mr. Sias: Correct.
Mr. Mayor: Okay, I want to make sure everybody’s on the ---
Mr. Frantom: (inaudible) cap on that?
Mr. Mayor: --- okay. All right now, Commissioner Frantom, back to your issue with
regards to the ordinance. I want to make sure we’re including that because we’re going to vote
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on that in just a moment. All right the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. In regards to my colleague putting in a $10.00
dollar for unaltered animals, can we put a maximum due to hunting dogs, et cetera not to exceed
$100.00 dollars that will cover ten animals, sir?
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Mr. Mayor: All right, okay, Commissioner from the 8 is posing a substitute amendment
that the fee schedule read in registration for intact animals an annual fee of $10.00 dollars not to
exceed $200.00, is that what I’m hearing? I want to make sure ---
Mr. Frantom: $200.00?
Mr. Mayor: --- all right, here’s what I want you to do if you would if you’ll write it down
and then if you’ll state your motion. I’m waiting on Commissioner Guilfoyle.
Mr. Guilfoyle: The maximum fee not to exceed $200.00 dollars.
The Clerk: That’s for hunting animals, right?
Mr. Mayor: No, that’s in general.
The Clerk: In general?
Mr. Guilfoyle: Yes.
The Clerk: Okay.
Mr. Mayor: He’s not drawing a distinction for animals.
Mr. Sias: A $10.00 annual registration for intact animals not to exceed $200.00 for one
owner, that’s what he’s talking about, that’s what he’s saying.
Mr. Mayor: That’s why I asked him to write it down.
Mr. Sias: I wrote it for him, sir.
Mr. Mayor: Okay. Madam Clerk?
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Mr. Frantom: Is that a substitute motion?
Mr. Mayor: I’m sorry.
Mr. Frantom: Is that the motion and there’s going to be a substitute motion is what I
asked?
Mr. Mayor: I’m coming back to you. You ready?
The Clerk: Go ahead.
Mr. Mayor: All right, so, Commissioner Guilfoyle, if you would state for us your motion
concerning this.
The Clerk: He just said it.
Mr. Mayor: Okay I want to make sure everybody on the end down here has heard what
he said. That’s what I was afraid of. All right, I’m going to have Madam Clerk read it for you I
think she’s got which includes ---
The Clerk: We’re at Page 40 Section 4-1-44 Fee Schedule. We’re replacing that with
annual registration for intact animals at $10.00 dollars, mandatory micro-chipping out.
Recommendation included in this from Commissioner Frantom that the 2017 fees should be
placed in the Animal Services Department budget with $20,000 taken from reserves in 2016 for
educational purposes. Commissioner Guilfoyle, animals, the fees not to exceed $200.00 per
owner.
Mr. Mayor: All right, all right, Madam Clerk, there’s some discussion about that. All
right let’s go back to the original amendment, let’s go back to the original amendment that
Commissioner Sias presented under registration. Striking includes micro-chipping and an annual
fee of $10.00.
The Clerk: Right.
Mr. Mayor: All right, that was the original motion or amendment. Okay all right let’s
just vote on that then we’re going to come back to you. Is that correct, we’re going to come back
to you.
Ms. Davis: Mr. Mayor, can I just ask one quick question?
Mr. Mayor: You may.
Ms. Davis: Is the $10.00 for altered or unaltered animals?
Mr. Sias: Unaltered.
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Ms. Davis: Unaltered.
Mr. Mayor: Correct, all right those supporting this matter vote aye, those opposed vote
no. This is for the $10.00 fee.
The Clerk: We have two Commissioner Dennis Williams, Commissioner Hasan and
Commissioner Sias. We have three and four.
Mr. Mayor: Three and four, that fails. All right, the Chair recognizes Commissioner
Frantom for your motion.
Mr. Frantom: Motion that we have no fees for registration on altered or unaltered.
Mr. Mayor: Okay, all right, it’s simple enough. Motion is that there be no fees for
altered or unaltered cats or dogs. All right, those in support of it show of hand of aye those
opposed no.
The Clerk: No fees on altered on unaltered animals. So we just have Commissioner
Frantom and Commissioner Guilfoyle ---
Mr. Mayor: And Fennoy.
The Clerk: --- so we have 3/4 again.
Mr. Mayor: That fails. Okay.
The Clerk: And, Commissioner Williams out, so it was 3/3.
Mr. Mayor: Okay, all right we’re going to go to the Guilfoyle amendment those were all
of those that were on the side document. We’re going back to the Guilfoyle amendment, the
yellow sheet, we’re going back to that.
Mr. Guilfoyle: Mr. Mayor, as far as what just failed on the floor between the $10.00 fee
and the no charge at all so we reflect back to what’s original?
Mr. Mayor: What’s in the proposed ordinance that is correct. Both of those failed. We
didn’t receive requisite support for either one of those motions. So now what you have before
you is 4-1-44 Annual Registration $10.00 per year with rabies vacs as it reads there is before
you, that’s where we are. All right we’re back to your document.
Mr. Guilfoyle: Mr. Mayor, all right I’ll get back with it. Page 27 Section 4-1-25.
Mr. Sias: When you said $10.00 with a $200.00 cap that’s what he’s asking.
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Mr. Guilfoyle: Mr. Mayor, I’m sorry as far as the fee schedule $10.00 with a $200.00
cap on unaltered animals.
Mr. Mayor: Okay.
Mr. Guilfoyle: I don’t know what this body wants, where it wants to go. We had it at
zero we had it at $10.00, if somebody would at least enlighten us on this side.
Mr. Mayor: All right, here’s what we’re going to do. Ms. Broady, would you approach?
All right, your wisdom and experience can you speak to this matter and give some guidance on
where we should be.
Ms. Broady: Mr. Mayor, Commissioners, when I submitted the fee schedule two years
ago as I’ve mentioned before they were in line with Atlanta. Now as we are going lower and
lower it’s going to wind up costing Augusta to license pets. If we’re going to get to $5.00 or
$10.00 or no fee, then there’s no point in registration. The reason that we were trying to register
animals as Ms. Williams brought out is that mandatory spay and neutering failed so we were
trying to find a way to get animals back to their owners and requesting micro-chipping was the
way that we felt we could because state law requires that we scan every animal that comes into
the shelter. We could return that animal to its owner expeditiously that is why we put micro-
chipping into the ordinance. But again as we go lower and lower it’s going to cost the city to
register animals.
Mr. Mayor: Thank you. All right, all right, thank you so much. The Chair recognizes
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the Commissioner from the 3.
Ms. Davis: Mr. Mayor, thank you. Ms. Broady, I know that one of the speakers
mentioned some other examples of fees with the zero fee for an altered animal, I think it was
Aiken County that was mentioned? And I’m in favor of that. I’d just feel like an altered animal
that a responsible pet shouldn’t be paying an additional fee. I do understand you need additional
resources to handle more in Animal Services but I just can’t impose a fee on a responsible pet
owner. But the unaltered fee if it was $10,000 I mean $10.00 dollars then you said that wouldn’t
provide you enough resources to do your job pretty much for registration. What would give you
enough to be able to handle registering unaltered fees and handling the whole services that you
provide? Do you have that number, if we didn’t have a fee for altered animals?
Ms. Broady: If there’s no fee for altered animals what number would we need in order to
register?
Ms. Davis: To be able to do your job for the unaltered animals and registration services.
Do you have that just an idea in your mind or general ideas as far as for your budget?
Ms. Broady: As it, the 2015 budget that was submitted it was $100,000. I don’t want to
sound facetious but we were kind of used to doing our job with very little; we’ll do whatever the
will of the body is.
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Mr. Mayor: The Chair recognizes the Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor, I’d like to ---
Mr. Mayor: Go ahead.
Mr. Hasan: --- (inaudible) please. I know very little about, I’m struggling here with this
whole process. But in terms of, Mr. Mayor, and this may even, you may help with this too the
$150,000 dollars the number you heard much earlier about as a result of fees. Now are we
talking about the same money that even if you were to collect the fees for providing services was
not that money coming back to the General Fund anyway, you wasn’t using it anyway?
Ms. Broady: That’s correct.
Mr. Hasan: So how is if you’re charging $10.00 it won’t help you at all if wasn’t getting
the money anyway?
Ms. Broady: It’s going back to the General Fund, sir.
The Clerk: That’s not to her budget.
Mr. Hasan: I know it’s not going to her budget, I mean none of it’s going to her budget
right ---
Ms. Broady: Correct.
Mr. Hasan: --- so it never was helping her anyway. Am I missing something?
Ms. Broady: No, sir, you’re right.
Mr. Hasan: So I’m saying so if you charge $10.00 dollars and you do begin returning
that to you that is I guess it’s not enough to be efficient but it’s money you never had any way
that’s my point.
Ms. Broady: That’s correct and the only thing I’m saying, Commissioner, is that there is
a fee involved in processing the licensing.
Mr. Hasan: Okay. All right thank you, ma’am, I was trying to make sure we’re talking
about the same money that you never had.
Ms. Broady: Correct.
Mr. Hasan: Thank you.
Mr. Mayor: All right I’m going to ask a question. In the proposed ordinance, Ms.
Broady, and I applaud you and subcommittee members and staff who have worked on this
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diligently. And my question is in its current form is this revenue neutral, that’s the question, is
this revenue neutral? Are we from the expenditures whatever we are intending to do with this
based on current budget, is this revenue neutral or are we going to end up in a situation in its
current form of where we are in the red?
Ms. Broady: Without the changes that have been discussed today?
Mr. Mayor: That’s correct.
Ms. Broady: No.
Mr. Mayor: That’s what I was afraid of. All right, okay, all right, all right. I’m going to
ask another question. We have a document in front of us, it’s been worked on, and a lot of
effort’s gone into it. There is substantial interest, concern, fear in the community, some
misguided, some from a lack of understanding and we have this matter before us that will not go
away. My question to those of you that are here several of your colleagues have already
departed. My question before you is knowing that there is substantial conversation and/or
concern is this matter ready for prime time and if not should we spend just a little bit more time
working on it, that’s the question, otherwise we’ll sit here and I’m afraid we might not end up at
a place that is representative of where we need to be in this community. That’s the question. I
want to end up in a good place and I’m not convinced based on what I’m hearing we’re going to
get there. And so at the appropriate time I’ll be prepared to entertain a motion. The Chair
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recognizes the Commissioner from the 3.
Ms. Davis: Thank you, Mr. Mayor. I mean I think we can make some headway and in a
lot of these decisions we already have. I know that the fee schedule is a touchy thing as each of
us have to make this decision. We’ve had a, you know, a couple of years of property tax
increases, a storm water fee, it’s touchy in the community and to tax payers and I understand
that. That’s where we’re having the hang up so I think there’s so many other things in this that
give teeth to the ordinance and for Animal Services control that is still going to be beneficial to
the community even if we can move forward on some of those adoptions of these amendments.
So I’m willing to continue discussing even if we can’t come to a consensus on the fees.
Mr. Mayor: Okay, all right, I’m going to ask you a question. Are you prepared to
continue work on this and do you believe we’re going to get to something that y’all are prepared
to vote on today?
Ms. Davis: I don’t know if we will with the fees but I don’t see why we couldn’t adopt
some of these other things that we’ve already discussed.
Mr. Mayor: All right, we’ll work our way through. Okay all right I’m going to come
back to you in a minute. Y’all keep working on that and I’m going to come back to each of you.
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I’m going to recognize the Commissioner from the 4.
Mr. Sias: Thank you. From my perspective right now but when my colleague to my left
just kind of reminded me but I was at the point that we were I’m thinking that we were just to the
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last fee part but he had said he has a couple of items so I would ask that if we can look at those,
Mr. Mayor, maybe we can be what the one item that we can come to some kind of compromise
that would be the fee because we’re that in my view we’re that close.
Mr. Mayor: I’m going to go back to the Guilfoyle amendment. I keep referring to it as
such. Commissioner, you’ve got a number of items that are very important as you’ve indicated.
I think we’ll continue going through these.
Mr. Guilfoyle: Thank you, Mr. Mayor. It’s actually pretty simple. Under Section 4-1-25
on Page 27 just need to add an exemption the first impoundment of verifiable show competition
or working animal, the impoundment of an animal with verifiable age and health issues making
such sterilization surgery dangerous for an animal police dogs inducing that, my mind’s not with
me today, I’m sorry ya’ll. But we didn’t vote on it.
Mr. Mayor: We didn’t because you asked to be heard first. Okay Section 2 Page 38
Section C as far as the warrantless searches and seizure you can see highlighted in yellow just
the wording that needs to be changed.
Mr. Mayor: All right, let’s take this one up ---
Mr. Guilfoyle: I don’t think, Commissioner Fennoy has the copy of, Commissioner
Fennoy, do you have that, sir, I don’t want anybody to be without out here on the floor.
The Clerk: It’s under your addendum agenda, it’s in your addendum agenda.
Mr. Mayor: Okay, all right.
Mr. Guilfoyle: Which basically clarifies if you enter a private residence property and it’s
not granted by the property owner the Animal Control should have to secure a property executed
search warrant and be accompanied by a law enforcement personnel, sir.
Mr. Mayor: All right so, Commissioner Guilfoyle, what your suggestion is that we strike
‘C’ in its current form and insert the permission to enter private property is not granted.
Mr. Guilfoyle: Yes, sir.
Mr. Mayor: Okay, all right I want to draw everybody’s attention to where we are. The
amendment is to strike ‘C’ and insert if permission to enter private property et cetera, et cetera, et
cetera. Is that correct, Commissioner Guilfoyle?
Mr. Guilfoyle: Commissioner Sias his hand raised, sir.
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Mr. Mayor: Okay. All right the Chair recognizes the Commissioner from the 4.
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Mr. Sias: Thank you, sir. Mr. Mayor, can we get, we get Mr. Bray to speak to that
particular section because I may be wrong but I believe they came directly from State law. Can
we get him to address that please?
Mr. Mayor: Sure the Chair recognizes Attorney Bray.
Mr. Bray: Thank you. Commissioner Sias, you’re correct, that information comes
directly out of the Responsible Dog Ownership Law OCGA 4-8-20 specifically section 4-8-24
which reads: A law enforcement officer or dog control officer shall immediately impound a dog
if the office believes the dog poses a threat to public safety. And that’s where we’re drawing
from to be able to pursue an animal and pick it up if it’s posing a threat. The draft ordinance that
we put together is actually more restrictive than the State law. That authority’s already granted.
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Mr. Mayor: The Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Thank you. Mr. Bray, the, what I had said as far as permission to enter
private residence is not granted by the property owner Animal Control officer should procure a
properly executed search warrant and be accompanied by a law enforcement personnel from the
Augusta Kennel Club says this is line with the current laws regarding any other search and
seizure. I believe the only person of power of law enforcement that can enter a private residence
is a DNR, Department of Natural Resources person. Nobody else, I would hate to have the idea
that somebody could come into my residence without my permission without a search warrant. I
know that the subcommittee did not put this paragraph in here.
Mr. Bray: Right, these paragraphs came, we’re pulling it straight out of the, we’re trying
to align our ordinance with the dangerous dog law that’s actually State law. And I guess I would
have to see exactly which reference they’re pulling from when they say that doesn’t
(unintelligible) with State law.
Mr. Guilfoyle: So the only thing somebody has to do is feel like there’s a dangerous dog
and enter your residence?
Mr. Bray: A dangerous dog is a specific designation.
Mr. Guilfoyle: I see a head nodding behind you going like this. Would you give me
some clarification on that?
Mr. Bray: I guess I would have to know more specifically what the individual you’re
referring to is referencing and I can certainly research that but this ordinance was put in place to
align itself with State law. So I need a little bit more information on what you’re saying.
Mr. Guilfoyle: Okay, so they’re allowed on my property.
Mr. Bray: If they’re pursuing a dangerous dog, they’re coming on to get that dog. If not
and it would have to that dog would be designated and it’s posing a threat to the public. We’re
saying a dangerous dog but the ordinance says if it poses a threat to the public the officer can go
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and pursue that animal, can confiscate that animal. I guess that, I’m sorry if that doesn’t answer
your question ---
Mr. Guilfoyle: No ---
Mr. Bray: I need more clarity on what you’re (inaudible).
Mr. Guilfoyle: --- the first thing that came to my mind if I had a fenced in yard, are they
allowed in my fenced in yard?
Mr. Bray: Right if your animal’s posing a threat to the public, yes, they would be able to
do that.
Mr. Guilfoyle: So if the public’s in, okay thank you, Mr. Bray.
Mr. Frantom: Say again, Commissioner Guilfoyle. Are you good?
Mr. Guilfoyle: Yes.
Mr. Frantom: Do we need to vote? Commissioner Fennoy.
Mr. Fennoy: Mr. Bray ---
Mr. Bray: Yes, sir.
Mr. Fennoy: --- if I’m walking past Mr. Guilfoyle’s fence and he’s got a pit bull in there
or a German shepherd or a Rottweiler and that dog runs along the fence and he’s barking and
raising, does that constitute ---
The Clerk: No quorum.
Mr. Fennoy: I see (inaudible). My question, does that constitute a dangerous dog or a
dog being a threat to the public?
Mr. Bray: It really depends on the action of the dog but a designation as a dangerous dog
is a specific designation that is put upon that animal based on its behavior through the Animal
Services Board. If it’s designated as such then, yes, it would. However State law is much
broader than what we have and if the animal is perceived to be posing a threat to the public, yes,
it would be picked up as a, it would be picked up, it could be confiscated by Animal Services.
Sorry, sir, I see your eyebrows I’m not sure exactly what you’re ---
Mr. Fennoy: I mean I just (unintelligible) because I got him in there so won’t nobody can
come in. Yeah, I mean, yeah.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4.
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Mr. Sias: Thank you, sir. This designation, Commissioner Fennoy, I don’t believe, it
doesn’t apply to your animal. Mr. Bray, would you if I may, Mr. Mayor, correct me if I’m
wrong what we are referring to here this confiscation of an animal is an animal that has been
declared a vicious or dangerous animal by the Control Board. Am I correct?
Mr. Bray: That is correct, sir.
Mr. Sias: So this not somebody passing by the house seeing a dog barking and say he’s
dangerous, we’re fixing to go get him.
Mr. Bray: No sir, it’s not.
Mr. Sias: This has been voted on and this dog basically has been declared a menace to
the public.
Mr. Bray: Yes, sir.
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Mr. Mayor: The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: To follow up on what Commissioner Sias just said if the dog is on my
property what does the dog have to do to be considered a menace to the public that would require
Animal Services to come in and get him? I know what it ain’t, I just need to know what it is.
Mr. Mayor: Right, hold on, hold on, Commissioner, let’s get I’d like to hear from Mr.
Jefferson or Ms. Broady with regards to that matter.
Mr. Jefferson: Yes, Mayor and Commissioner Fennoy, the reason we are here because of
that same situation and that’s what started this whole ball rolling is because people could not use
their yard because the neighbors dog is running along the fence line charging it and they have to
keep an eye on that dog to make sure it doesn’t come across. But to answer your question if that
dog leaves the yard and attacks someone then goes back in the yard we have the right to go in
there and get him because if we leave him there then the city is responsible for that dog if he gets
out and attacks someone again.
Mr. Fennoy: Now that makes sense. Thank you, Mr. Jefferson.
Mr. Mayor: The Chair recognizes Commissioner Guilfoyle.
Mr. Guilfoyle: So can we vote on it yes or down (inaudible).
Mr. Mayor: Yes.
Mr. Guilfoyle: Okay.
The Clerk: Item number two passed.
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Mr. Mayor: Item number two ---
The Clerk: --- everybody ---
Mr. Mayor: --- everybody in support for that.
The Clerk: --- six.
Mr. Mayor: Okay, let me see a show of hands.
A show of hands indicates Commission approval 7-0. (Amendment – page 27-Section 4-1-25)
Mr. M. Williams and Mr. Lockett out.
Mr. Mayor: All right, so we’re good with that. All right, number three.
Mr. Guilfoyle: Number 3 Section 4-1-38 – removal of animals in distress from a closed
vehicle. In distress is a subjective word if we could just put some wording in there. I don’t
know if Mr. Jefferson would mind that where such a confinement placed animal is in imminent
danger or serious injury or where the life of the animal is in jeopardy. Would that be a problem?
Mr. Mayor: So this is actually, this is subparagraph C not D, is that correct?
Mr. Guilfoyle: Yes.
Mr. Mayor: Okay, so paragraph C.
Mr. Guilfoyle: Imminent danger.
Mr. Mayor: All right, Commissioner Guilfoyle, what is it that you’re proposing?
Mr. Guilfoyle: To clarifying that word, they used the word in distress. It has to clearly
state if the animal is in serious injury or imminent danger.
Mr. Mayor: Well, so before we do this before we take any action on that I think what
we’ve just heard is that the language that you have in subparagraph C is consistent with State
Law. In fact it’s more rigid or rigorous than State law. And as such I would submit to you that
the language is probably appropriate that’s there now ---
Mr. Guilfoyle: Okay.
Mr. Mayor: --- not warrant any changes.
Mr. Guilfoyle: All right.
Mr. Mayor: And again I’m just offering that, Commissioner Guilfoyle.
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Mr. Guilfoyle: That’s fine.
The Clerk: We’ll be, strike number three, sir.
Mr. Guilfoyle: Yes, ma’am.
Mr. Mayor: Okay.
Mr. Guilfoyle: Section 4-1-8 Section B – if Animal Control officer believes that a dog
poses a threat to public safety the dog may be immediately impounded. It needs to state the dog
is at large, just that clarity.
Mr. Mayor: All right, can you repeat that Commissioner Guilfoyle?
Mr. Guilfoyle: It needs to state dogs at large not in confined within the people’s
properties or et cetera, fenced in yards, et cetera. All it needs to say is dogs at large that’s
running free.
Mr. Mayor: Okay, can you direct us to where in that subparagraph? All right so are you
suggesting subparagraph B – the Animal Control Officer believes that a dog at large sub-
classification is a dangerous or vicious dog poses a threat to public safety the dog may be
immediately impounded and the dog owner shall be responsible for all costs, results of search
and impoundment.
Mr. Guilfoyle: Yes.
Mr. Mayor: Is that what you’re suggesting?
Mr. Guilfoyle: Yes, sir.
Mr. Mayor: Okay. All right I want to make sure everybody understands that what
Commissioner Guilfoyle is suggesting is that you insert on line one after the word ‘dog’ the
words ‘at large. All right, that’s what he’s suggesting. Okay the Chair recognizes Attorney
Bray.
Mr. Bray: Yes, sir, that particular section is actually referenced in the State law and this
mirrors the dangerous dog section so it’s really not since the Board is tasked with administering
the dangerous dog ordinance, the dangerous dog law, this really cannot be altered as that is State
Law.
Mr. Mayor: Okay all right, so striking four as well, Madam Clerk. All right Item 5,
Commissioner Guilfoyle.
Mr. Guilfoyle: I know that the director as well as the subcommittee said that Augusta
Richmond County would not pursue outdoor cats so I just need to have that verbiage in there. If
they have complaints or they become a nuisance, yes, I don’t have a problem with that. And
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Items A, B, C and D are just for clarification to designate the outdoor cats and have the clipped
ears basically Augusta Richmond County would not pursue them.
Mr. Mayor: Okay, all right, I want to make sure that we’re all on the same page here.
Number 5 from the Guilfoyle amendment. Attorney Bray, if you’ll approach.
Mr. Bray: Yes, sir.
Mr. Mayor: Help us with where we’re proposing inserting this, Commissioner Guilfoyle
as well. There’s no section reference you’re taking us to, sir.
Mr. Guilfoyle: If we could just add this in.
Mr. Bray: I can create a section if that’s the will. I can actually create a section.
Mr. Mayor: Okay, so all right, so this doesn’t apply to the, this doesn’t apply in Section
4-1-8 so are we creating a new section?
Mr. Bray: I will, I would either have to create a new section or fit it into an existing
section and I was actually thinking about the section that deals with interference with animal
control officers, maybe I’d put something in that area that says we will not pursue or I’d have to
find a section for it.
Mr. Mayor: Okay, all right here’s where we are. The Chair directs this to Commissioner
Guilfoyle. Item A through D those are insertions into the document.
Mr. Guilfoyle: For definitions defining the cats that’s with the clipped ears.
Mr. Mayor: Okay, so this is ---
Mr. Guilfoyle: Also known as T and R but Augusta Richmond County does not sanction
a T and R at this time. It’s just for the rescue groups who’s actually like last year spent $57,000
dollars spaying and neutering cats.
Mr. Mayor: Okay.
Mr. Guilfoyle: And it was both said by the subcommittee chairman as well as our
director that Augusta Richmond County would not pursue them.
Mr. Mayor: All right, so let’s do this. Items A through D are definitions for insertion,
okay? I want to make sure everybody is on the same page. Items A through D again are items
that we’re adding in the definition section or proposed. We’re going to vote on it, we’re going to
vote on it and 5 is again the statement of interest. All right, let’s do this I want to see those in
support of 5, A through D, 5 A through D all those in support of 5, A through D. All right.
The Clerk: Is that everybody?
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Mr. Mayor: Yes.
A show of hands indicates the Commission agrees to insert this amendment as a new
Section E under Section 4-1-21.
Mr. M. Williams, Mr. Lockett and Mr. G. Smith out.
Motion Passes 7-0.
Mr. Mayor: Is that everybody? All right okay, Mr. Bray, is that? All right, you’re
tracking that?
Mr. Bray: Yes, sir.
Mr. Mayor: All right okay all right let me get Commissioner Guilfoyle completed first,
sir. All right Number 6.
Mr. Guilfoyle: Number 6 Section 4-1-19 where it’s talking about a collar. We just need
to define that it’s not a training collar or exempt training collar. I know that all animals are
required to have collars but not a training collar. I had one of the ladies call me a veterinarian
was talking about it causes abrasions, poses harm to an animal so I told her I would bring it up.
Mr. Mayor: All right, so I’m looking for a reference to include that here. Attorney Bray,
would you speak to this matter please?
Mr. Bray: Yes, sir I could actually add a Section E to that section exempting that collar,
exempting that.
Mr. Mayor: All right so, Madam Clerk, what’s being proposed is inserting Subparagraph
E.
The Clerk: Not a training collar.
Mr. Mayor: I would say the whole sentence stating a collar is required.
Mr. Guilfoyle: Mr. Mayor?
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Mr. Mayor: Yes, the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: A training collar is a choke collar. Apparently it tightens up around the
dog which is not (inaudible) made aware of that.
Mr. Mayor: All right, we’re going to vote on this in just a moment here. I’m waiting on
the Attorney. Okay all right, Madam Clerk, we’re going this may be helpful. The Chair
recognizes Attorney MacKenzie.
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Mr. MacKenzie: The previous action which was approving the additional part that’s
under part 5 we found a location to put that for the record we’re suggesting section 4-1-21. It
currently has A, B, C and D we’re suggesting a Section E which would then include this
information on number 5 about the trap, neutering and return.
Mr. Mayor: Okay, let me know when you’re ready, Madam Clerk.
The Clerk: Okay, I’m ready.
Mr. Mayor: All right, okay, let us let’s vote on six. All right Item 6 all those in favor of
six just a show of hands.
The Clerk: Okay.
Mr. Mayor: That’s unanimous.
A show of hands indicates Commission approval as a new Section E.
Mr. M. Williams, Mr. Lockett and Mr. G. Smith out.
Motion Passes 7-0.
Mr. Mayor: All right, number seven. Mr. Guilfoyle.
Mr. Guilfoyle: Mr. Mayor, this is what we were discussing about earlier. I had talked to
Ms. Broady and she was telling me the money that the Animal Control actually makes per year
from the spay and neutering and actually putting down people’s dogs that’s been sick et cetera. I
would like to see all the funding that, the revenues that the department actually makes remain in
the department not only for educational but to actually help her staff get up to par as far as what
they get paid because they are understaffed, underpaid and overworked. And so that was my
item number seven but I know that’s going to take a different action.
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Mr. Mayor: Okay, all right so the Chair recognizes the Commissioner from the 1.
Mr. Fennoy: In reference to number seven, Mr. Mayor, I’d like to ask Ms. Broady a
question.
Mr. Mayor: All right, Ms. Broady.
Mr. Fennoy: Ms. Broady, will the implementation of the proposed changes require
additional staff or additional responsibilities for your existing staff?
Ms. Broady: Registering animals, yes, sir, will require additional staff and we’re
allocated 25 positions. I believe we’re right now at 19.
Mr. Fennoy: Okay, so there’s money already budgeted for additional staff?
Ms. Broady: No, sir, there’s not.
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Mr. Fennoy: And you said 25 and you have 19.
Ms. Broady: That’s correct. It’s difficult to keep the positions filled.
Mr. Fennoy: Ms. Broady, the last thing I want to do is create any hardships on you and
your staff. And I think that when we look at the proposed changes we should maybe look at the
additional costs that associated with implementation of these changes and come up with
something that’s going to be fair to your staff and you and your staff, that’s my concern.
Ms. Broady: Mine as well.
Mr. Mayor: So at that end Commissioner are you proposing I mean you’ve got a
document here that appears there’s interest in moving forward and if you’re going to address it
you need to be prepared to do that today as well I would suggest.
Mr. Fennoy: Well I was, do I still have the floor, Mr. Mayor?
Mr. Mayor: You absolutely do.
Mr. Fennoy: I would like for Ms. Broady to get with our Administrator and her staff to
look at the costs that it would associated with implementation and see if, Ms. Jackson, if you can
find some money.
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Mr. Mayor: You know I think the Commissioner from the 9 would say it’s late in the
evening and the sun is going down.
Mr. Fennoy: And it’s cold in here.
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Mr. Mayor: And the Commissioner from the 7 had a proposal that would think
probably address this issue about 50 minutes ago and ya’ll let it escape you. But he did and it
would’ve addressed this issue so I’m sure we’re going to come back to it here in a minute, yeah
we’re going to come back to it. All right so we voted on the Guilfoyle amendments at this point
okay?
Mr. Sias: I need clarification (inaudible).
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Mr. Mayor: Okay all right, the Chair recognizes the Commissioner from the 4, state
your inquiry.
Mr. Sias: Yes, sir, I just need to get a clarification on the change that was or was not
made it with Item C of Section which was I believe Commissioner Guilfoyle’s number two
which affected 4-1-38 Item C. That was I just need a clarification, did we change that or are we
leaving it the same?
Mr. Mayor: We left it as it is.
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Mr. Sias: Great, thank you.
Mr. Mayor: Item 2, 3 and 4 were stricken pursuant to the language that’s there consistent
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with State law. All right, the Chair recognizes the Commissioner from the 7 for the Frantom
amendment.
Mr. Frantom: Well, mine has already kind of been discussed mandatory micro-chipping
and the fees but I would like to see us take $20,000 dollars out of the Contingency for education
over this year until this ordinance goes into effect January 1.
Mr. Mayor: Okay all right, so I want to make sure we all right, Attorney MacKenzie, that
was the section we had that would probably better fit that with regards to the whole issue around
education.
Mr. MacKenzie: My suggestion for that would be that that doesn’t need to be in this
ordinance. I would suggest that you do a motion to transfer $20,000 dollars of funds from the
Contingency account on a one-time basis to the Animal Services Department for the purpose of
education and public awareness regarding the implementation of this ordinance.
Mr. Mayor: All right, that’s an excellent proposed motion. Do you concur with that,
Commissioner?
Mr. Frantom: I do.
Mr. Mayor: All right so, hold on one second make sure, you’ve got that? The Chair’s
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going to recognize Commissioner from the 3 Commissioner Davis.
Ms. Davis: Mr. Mayor, if we could hear again from Ms. Broady. Is this going to be an
adequate amount to help with the educational and awareness?
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Mr. Mayor: I think the Commissioner from the 7 ---
Ms. Davis: If we’re going to ---
Mr. Mayor: --- suggested that from the purposes of education but his other motion his
original motion dealt with the issue of what Commissioner Fennoy brought forward.
Ms. Broady: I do believe that $20,000 will definitely help educating the public and get
the information out about the ordinances as they are passed.
Ms. Davis: Mr. Mayor, can I have a follow up?
Mr. Mayor: Continue.
Ms. Davis: Ms. Broady, I just want to make sure that we don’t just Band-Aid give a
Band-Aid. When we went through our budget process this past year for this current year we had
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the balanced budget and we did have some money that we put in the Contingency Fund. And of
course those are funds that come on an as need basis for the betterment of the community and I
see this as definitely one of these. Just like Commissioner Frantom everybody up here so again I
just want to make sure that that is not just adequate, just will it really fulfill what you need to
have happen?
Ms. Broady: Commissioner, I believe it I can make it work, we can work with that.
When you have an advertising budget of $500.00 dollars a year and you get $20,000 and, yes, I
can definitely do a lot of advertising and public education with $20,000.
Ms. Davis: Okay, thank you, Mr. Mayor.
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Mr. Mayor: All right the Chair recognizes the Commissioner from the 7 for a motion.
Mr. Frantom: You got to the Attorney can ---
Mr. Mayor: You got that, Madam Clerk?
The Clerk: Yes.
Mr. Mayor: Okay, you need a second?
The Clerk: I need to hear it.
Ms. Davis: Second. You’re talking about the transfer?
The Clerk: The one-time transfer of $20,000 dollars from Contingency for the 2016
Contingency Fund to the Animal Services Department to go into effect.
Mr. Mayor: All right, Madam Administrator, with that potential transfer, what would the
remaining balance be in the Contingency Fund at that time?
Ms. Jackson: Our total amount in Contingency right now is approximately one-million
dollars.
Mr. Mayor: All right, I’ve got a motion and a second. Voting, this is a machine vote.
Mr. Fennoy and Mr. D. Williams vote No.
Mr. Lockett, Mr. M. Williams and Mr. G. Smith out.
Motion Fails 5-2.
Mr. Mayor: Okay, all right, we’re still on the Frantom amendment, we’re still on the
Frantom amendment. All right, all right, cease conversation. The Chair recognizes the
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Commissioner from the 4.
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Mr. Sias: Mr. Mayor, I would ask that we I’d like to make a motion that we
reconsider the item that we just voted on.
Mr. Frantom: Second.
Mr. Mayor: All right, we’ve got a motion and a second to reconsider its actions. All
right all those in favor of reconsidering the Commission’s actions in regards to the transfer will
vote aye those opposed will vote no.
Mr. Fennoy votes No.
Mr. M. Williams, Mr. Lockett and Mr. G. Smith out.
Motion Passes 6-1.
Mr. Sias: Thank you, Mr. Mayor. I ask that we on the, shoot, what is it. I move that we
do the $20,000 transfer from Contingency to Animal Services.
Mr. Mayor: One time?
Mr. Sias: One time.
Mr. Frantom: Second.
Mr. Mayor: We’ve got a motion and a second. Voting.
Mr. Fennoy and Mr. D. Williams vote No.
Mr. M. Williams, Mr. Lockett and Mr. G. Smith out.
Motion Fails 5-2.
Mr. Mayor: All right. Commissioner Frantom?
Mr. Frantom: Okay, the second piece is is there any projections of what you think, Ms.
Broady, if we did a $10.00 dollar unaltered fee what the projected amount of revenue would
come in on the fees?
Ms. Broady: We did a projection based on 60% compliance and what we came up with
was on dogs and cats $500,000, five hundred thousand six ---
Mr. Frantom: Okay.
Ms. Broady: --- sixty-four.
Mr. Frantom: Thank you. I think that we have these fees that are coming outside of the
ordinance that are going to the General Fund and I think again I’m for the no-fees aspect that we
look to move in the 2017 budget once the ordinance comes into effect that all money goes back
to Animal Services as opposed to the General Fund.
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Mr. Mayor: All right, would you like to make that in the form of a motion
Commissioner?
Mr. Frantom: Motion that any fees outside of the ordinance will go into the Animal
Services budget instead of the General Fund in the 1017 budget.
Mr. D. Williams: I’ll second that.
Mr. Mayor: All right. Fines and fees.
Mr. Frantom: Fines and fees in the 2017 budget.
Mr. Mayor: Madam Clerk?
The Clerk: Yes, sir.
Mr. Mayor: I want to make sure you’ve got that so would you read it once more for the
body?
The Clerk: All outside fees outside of the ordinance will be returned to the Animal
Services department.
Mr. Frantom: Fines and fees.
The Clerk: I beg your pardon.
Mr. Frantom: Fines and fees.
The Clerk: Yes, fines and fees, all fines and fees outside of the ordinance will be
transferred to the Animal Services department ---
Mr. Frantom: Beginning of 2017.
The Clerk: --- beginning 1/17?
Mr. Mayor: 2017 fiscal year.
The Clerk: 2017 budget, okay.
Mr. Mayor: All right, we’ve got a motion and a second. Voting.
Mr. Sias, Mr. Lockett, Mr. M. Williams, Mr. G. Smith out.
Motion Passes 6-0.
Mr. Mayor: Okay, all right, so let’s stand in recess for just five minutes. Yeah, let’s
stand in recess for five minutes.
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[RECESS]
Mr. Mayor: All right, we are we’re going to resume. Okay, all right, we’re going to
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resume. All right the Chair recognizes the Commissioner from the 7 to talk about fees.
Mr. Frantom: Thank you, Mr. Mayor. I think that the fees aspect, I’m not for fees
because one our Director has sat there and told us to maintain is not worth it and we’re at a level
now that it’s not worth doing. There are other counties that have ordinances that don’t have fees
attached to it registration fees and again we’re going to be penalizing the people that are
responsible pet owners even if we do. And I just think that’s the wrong mentality so I’m hoping
we’ll come up, we’ve already given them the additional money for 2017 that’s going to help with
this ordinance and the Director spoke on it and said that, you know, it’s going to be hard to
maintain at the level that it’s at why do it. So why are we going to sit there and do it and burden
the tax payers yet again with the current situation that we are in this community. So I’m making
a motion that there’s no fees.
Mr. Hasan: Mr. Mayor?
Mr. Mayor: Okay, hold on just a moment. All right I’ve got a motion to strike fees from
the ordinance.
Mr. Frantom: Registration fees.
Mr. Mayor: To strike registration fees from the ordinance. That motion fails as we had
no proper second, there’s no proper second. We’ve already dealt with all of the amendments and
so where we are at this point is we’re about to vote on things up or down okay? Now his motion
failed for he didn’t receive a proper second but it is within your right if you would like to make a
motion you certainly can do that.
Mr. Frantom: I make another motion, Mr. Mayor.
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Mr. Mayor: The Commissioner from the 8 has the floor at this time.
Mr. Guilfoyle: I’ll pass to Sean, I’ll second his motion.
Mr. Frantom: Motion that there are no registration fees in the ordinance.
Mr. Guilfoyle: Second.
Mr. Mayor: All right, I’ve got a motion to remove registration fees from the ordinance
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with a proper second. The Chair recognizes the Commissioner from the 6, state your inquiry.
Mr. Hasan: Mr. Mayor, once again let it be known that my knowledge is very limited
about this but you must take in context what Ms. Broady said. She wasn’t receiving the funds
anyway so I don’t expect her to say anything differently because it had no impact on her budget.
The money was coming to the General Fund. It may be a whole different conversation if she felt
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that the money was returning to her whether it’s $10.00 dollars $5.00 dollars it’s better that what
she’s currently getting. So I think we are missing the point in assuming what she said by it won’t
serve her it wasn’t serving her anyway she wasn’t receiving the money so I think we’re missing
the point on her position on this because she would love to have some type of resources because
she just said it’s the $10.00 dollars or a couple hundred thousand dollars for her easy. So you’re
saying to me that if you interpreted the way this motion is put before us that she has no use for a
couple hundred thousand dollars.
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Mr. Mayor: Okay, the Chair recognizes the Commissioner from the 4.
Mr. Sias: Mr. Mayor, I make a substitute motion that we have an annual registration fee
of $10.00 for intact animals.
Mr. Hasan: Second.
Mr. Mayor: Is there an amount?
The Clerk: Ten dollars.
Mr. Sias: It was ten dollars. I said ten dollars.
Mr. Mayor: I’ve got a substitute motion and a registration fee of $10.00 with a proper
second. Voting.
Mr. D. Williams, Ms. Davis, Mr. Sias, Mr. Hasan vote Yes.
Mr. Frantom and Mr. Guilfoyle vote No.
Mr. M. Williams, Mr. Lockett and Mr. G. Smith out.
Motion Fails 5-2.
Mr. Mayor: That motion fails.
The Clerk: How did you vote, Mr. Fennoy, no, okay, so that will be 5-2.
Mr. Mayor: All right we’ve got a motion and a second that there be no annual
registration fees. Voting.
Mr. Fennoy, Ms. Davis, Mr. Frantom and Mr. Guilfoyle vote Yes.
Mr. D. Williams, Mr. Sias and Mr. Hasan vote No.
Mr. M. Williams, Mr. Lockett and Mr. G. Smith out.
Motion Fails 4-3.
Mr. Mayor: Okay, all right. Ms. Broady, would you approach? All right, we have a fee
schedule that has been proposed that has been proposed. Let me get everybody on the same
page. We’ve got a fee schedule that’s been proposed. In your experience and again this is
comparing the proposed ordinance to other jurisdictions to include Atlanta. Are there any other
jurisdictions that have waived in full the annual registration fees?
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Ms. Broady: I believe Aiken does for micro-chipped and altered pets.
Mr. Mayor: Okay for micro-chipping?
Ms. Broady: And altered there’s a zero annual fee.
Mr. Mayor: Okay. All right, all right, here’s where I’d to be. It is getting late; we’ve got
a lot of good work that’s been done and the concerns that are out there are still out there. We’ve
made a number of amendments. What I’d like to see happen is we vote this document up or
down with the proposed amendments that have been adopted. I’d like to see us vote this
document either up or down and we move on, okay? The document that you have in front of you
with the amendments that have been adopted I’d like for us to vote it up or down. All right.
Mr. Hasan: Mr. Mayor, you inquired about a fee schedule. What about that?
Mr. Mayor: Either you all support it or you don’t. If you vote the document up you’ve
got a fee schedule if you vote it down and then we’ll move on. I see your hand. The Chair
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recognizes the Commissioner from the 4.
Mr. Sias:
Mr. Mayor, I can truly appreciate that it’s getting late. I’m already late for
where I should be but for the sake of this fee thing I want to make one more proposal on the fee.
That would be I move that we have for the fee schedule registration fees zero for altered
animals, $10.00 dollars for unaltered animals with a $200.00 dollar cap per owner.
Mr. Guilfoyle: Second.
Mr. Mayor: All right, Madam Clerk, I want you to repeat the motion once you’ve got it
to make sure everyone understands.
The Clerk: No annual registration fee.
Mr. Sias: On altered animals.
The Clerk: Altered animals and unaltered animals $10.00 dollars with a cap of $200.00.
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Mr. Mayor: The Chair recognizes the Commissioner from the 1, state your inquiry.
Mr. Fennoy: Is this an annual fee or a lifetime fee?
Mr. Sias: Annual registration (inaudible).
The Clerk: Lifetime, sir?
Mr. Sias: Annual.
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The Clerk: Annual, yes.
Mr. Speaker: Are we voting?
Mr. Mayor: Not yet. I’m going to get the motion read again. All right, let me have
everybody’s attention if you’ll cease your conversations for just a moment please. Madam
Clerk, if you’ll read the motion once more.
The Clerk: No annual fee registration for altered animals, unaltered animals $10.00
dollars with a cap at $200.00 annually.
Mr. Mayor: All right, we’ve got a motion and a second. Voting.
Mr. Fennoy votes No.
Mr. M. Williams, Mr. Lockett and Mr. G. Smith out.
Motion Passes 6-1.
Mr. Mayor: Okay, all right, we’ve got a number of amendments that have been adopted.
Madam Clerk, I’m ready to refer those back to everybody so they can know what we’ve done.
The Clerk: Yes, sir. I call your attention to Commissioner Sias proposed amendment.
First amendment Page 28 Section 4-1-25 impounded dogs and cats will be vaccinated for rabies
at the owner’s expense if no proof of current vaccination exists. Item number 2 Page 39 Section
4-1-39 Registration Requirement Line 1. To obtain a registration license tag, owners must
provide proof of current rabies vaccination and proof of spay or neutered if registering an altered
animal. Third item Page 39 4-1-39 Registration Requirement we deleted Line 2 and its subset A
and B. Regarding fee schedules, well, you just voted on that one. On Commissioner Guilfoyle I
call your attention to his proposed amendments. Item number one was approved and
Commissioner Sias proposed amendments those are the same. Item 2, 3 and 4 were deleted
because they were in conflict with State Law. Item 5 with A, B, C and D would be given a code
section in 4-1-21 will be defined as definitions for insertion. Item number 6 we add Item E with
no training collars/choke collar. Those are the considered amendments that received a majority
of Commissioners.
Mr. Mayor: All right, any further discussion? There being none the Chair recognizes the
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Commissioner from the 4.
Mr. Sias:
Thank you, sir, and to my colleagues who’ve been here and all the folks here
hopefully we’ll be able to do this. It’s important that we get it done; we’ve done a lot of work
So with that being said, Mr. Mayor, I propose that we accept the ordinance as
into it.
presented with the amendments that have been approved by the Commission.
Mr. Fennoy: Second.
Mr. Mayor: We’ve got a motion and a second to adopt the proposed ordinance as
amended. All those in favor will vote yea and those opposed will vote no. Voting. Suspend,
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suspend. Okay all right, suspend, all right, Attorney MacKenzie, would you state that for the
record please.
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Mr. MacKenzie: I just wanted to know that if the effective date is to be January 1 2017
you’ll need to reflect that in the motion because in the current Section 14 of the first part of the
ordinance it will be effective upon adoption.
The Clerk: To be effective 1-1-17, is that what you’re saying? Okay, with the body to
include that language?
Mr. Mayor: Yes, I think that’s very important for us to do that. Attorney MacKenzie,
hold on, Commissioner, would you like for us to restate that?
Mr. MacKenzie: If the maker of the motion would like to amend his motion to include
that language.
Mr. Mayor: All right, Commissioner Sias, if you’ll amend your motion.
Mr. Sias: Thank you, sir. Mr. Mayor, can I get a question of the Attorney please?
Mr. Mayor: Sure.
Mr. Sias: Mr. MacKenzie, in amending that motion to amend it am I limited to strictly
what you just said reference the date?
Mr. MacKenzie: No, you can amend your motion for any day.
Mr. Sias: Okay, Mr. Mayor, I’d like to amend my motion to state that we move to
accept the ordinance as presented with the proposed changes that were approved with an
effective date of 1 January 2017 and waive the second reading.
Mr. Guilfoyle: Second.
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Mr. Mayor: The second came from the Commissioner from the 7.
The Clerk: Yes, but he had a motion, I’m just is this going to be an amendment to the
motion he already had on the floor?
Mr. Mayor: Yes.
The Clerk: Okay. All right I want you to restate your amended motion, Commissioner.
Mr. Sias: Thank you, sir, I’ll be happy to. Move that we accept the ordinance as
presented with the amendments and changes that were approved with an effective date of 1
January 2017 and we waive the second reading.
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The Clerk: We have a motion and a second Mr. Sias and Mr. Fennoy.
Mr. Mayor: Okay.
The Clerk: We’ll go with that Mr. Sias and Mr. Wayne Guilfoyle, okay.
Mr. Mayor: Okay all right, I want to make sure everybody’s clear on that to include
waiving the second reading adoption January 1, 2017. Okay, voting.
Mr. Fennoy votes No.
Mr. M. Williams, Mr. Lockett and Mr. G. Smith out.
Motion Passes 6-1.
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: Know that it takes unanimous consent to waive the second reading so
we’ll still have to go through the second reading.
Mr. Mayor: All right, very good.
Ms. Davis: Mr. Mayor?
Mr. Mayor: All right, the Chair recognizes Commissioner Davis.
Ms. Davis: Mr. MacKenzie, does the second reading go to the full Commission or
committees.
Mr. MacKenzie: Full Commission.
Ms. Davis: The next full Commission.
Mr. Mayor: Yes. Okay, all right, let me thank everybody for hanging in here and we
worked hard on this matter and I want to thank you. All right there be no further business before
this body we are adjourned.
[MEETING ADJOURNED]
Lena J. Bonner
Clerk of Commission
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CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
February 2, 2016.
________________________
Clerk of Commission
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