HomeMy WebLinkAboutRegular Commission Meeting March 15, 2016
REGULAR MEETING COMMISSION CHAMBER
MARCH 15, 2016
Augusta Richmond County Commission convened at 2:00 p.m., March 15, 2016, the Hon.
Hardie Davis, Jr., Mayor, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Sias, Frantom, M. Williams, Smith, Fennoy, D.
Williams, Hasan and Davis, members of Augusta Richmond County Commission.
The invocation was given by Dr. Macie King, Associate Minister, Antioch Missionary
Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Thank you, Minister, for your gracious introduction. Okay, all right, Madam
Clerk, we’ll move forward with our presentations.
The Clerk: Okay, and I call your attention to our presentation portion of the agenda. The
Mayor will make the following presentation.
PRESENTATION(S)
A. Requested by Mayor Hardie Davis, Jr.
1. Dr. Samir Khleif – presentation about the Augusta
University Cancer Center.
2. Ban the Box – Fair Chance Hiring policy.
3. Georgia Cities Week – to be held across Georgia in April
Cities across Georgia are encouraged to celebrate the 2016 Georgia Cities Week April
17-23 with the theme “Go To Town!”
4. Leadership Georgia – March program of Leadership Georgia
Will be hosted in Augusta March 17-19 Leadership Georgia
Program “One Georgia Stronger Together – Innovate”
Mr. Mayor: Thank you, Madam Clerk. The Chair recognizes Dr. Samir Khleif and the
contingent from Augusta University Cancer Center who are here to share with us the great things
that are happening there. Dr. Khleif, if you’ll approach.
Dr. Khleif: Thank you, Mayor Davis, for having us here and inviting us to come. And
thank you, Commissioners, for giving us the opportunity to tell you what’s happening down the
street at Augusta University. So the Cancer Center as you very well know is being, has been
developed for the past three to four years and we made major progress at the University to develop
this Cancer Center into not only a regional but national and international Cancer Center. We were
able to develop very important scientific programs but more importantly we were able to develop
very strong clinical programs. And those clinical programs became as good if not better than many
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cancer centers in the nation to the degree that now we have patients that are coming to seek our
care and clinic trials not only from Augusta or the CSRA, not only from Georgia at large but from
all over the nation and as a matter of fact internationally. We have some patients that are being
referred to us from Europe and some patients that are being referred to us from Texas, New York
or California. So this Cancer Center now became a national destination for care and we hope that
we take it further and forward with your help and the community help. The other thing is that
we’ve been working on development of science and to a large degree we were very successful in
bringing lots of companies to come and work with us. We’re talking about multinational
companies in biotechnology and Pharma particularly to conduct science and clinical trials here in
Augusta that are not only innovative but first in the nation and first in human which would provide
our patient with tremendous amount of access through care that they did not have in Augusta
before. Lots of patients as you very well know when they have cancer they go and seek care at
some other places like in Houston or New York. Now the good news is we have the tools we have
the therapy and we have the clinic trials that they would be able to stay here. With that we were
also able to work as an economic engine. The Cancer Center in the past three years was able to
attract more than 35 clinicians and basic scientists with their team to come to Augusta. We were
able to attract not only the drug companies but we’ve raised lots of grant funding because of the
research that our grants within the Cancer Center increased almost 70% despite the fact that grants
all over the country has been decreasing. That translated to lots of good dollars and good use
dollars so we’re very proud of this. And again I would say this is because of the community
support and your help in what we’re trying to do. Finally, this thing that I also wanted to mention
is that our Cancer Center is really located in a very unique place in the nation where we have pretty
large percentage of minority particularly African-American. And this as a matter of fact is
important because to a certain degree some numbers of cancer within the African-American
community are different than the white community and worse than the white community. So for
example we know that in Georgia the African-American men are diagnosed two times more than
white men of having prostate cancer and they die three times more than white from prostate cancer.
If you’re an African-American and have colon cancer you have a 50% chance more of dying than
if you are white, same thing for breast cancer. These are numbers that of course worry us it’s not
only here in Georgia but it’s nationwide however we have this Cancer Center which is a unique
place that we have almost 50% of our population African-American so we can develop research,
we can develop clinical trials and we can help in this to a large degree way more than other cancer
centers. Based on that we developed a program that’s called C-CARE which is Cancer Community
Access Awareness Research and Education within the Cancer Center. It’s trademarked to our
Cancer Center that works with African-American communities within currently the CSRA region
to try to develop infrastructure that helps in increasing awareness and provide access for early
detection and prevention because those numbers that I gave you are not because of biology
although some of it is but also because of lack of awareness, education and low access to care
particularly for prevention and detection. So currently we’re working with twelve different
communities seven of them are African-American congregations and four are community clinics
and the KROC Center. Our hope is that we will expand this to 36 communities within the next
year or so and then hopefully we’ll take it statewide. And again we hope that we will export it
nationally because what it does it empowers the community to provide sustainable programs that
will help educate the community toward what needs to be done from an early detection or
prevention of cancer hoping that we can decrease the numbers and enhance the outcome of the
disease within these communities. So this is in short I know I have five minutes but I wanted to
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thank you again for having us and giving us this opportunity. And I’m hoping that we can all work
together because at the end and I was telling this to our community advisory board just this
morning at lunch at the end this cancer center is not the University Cancer Center, it is the
community cancer center. And for all of us to work together to reach where we need to reach
particularly to get the National Cancer Institute designation hopefully within the next few years it
would be important to work all as a team. Thank you very much for having us and thanks for
having me.
Mr. Mayor: Dr. Khleif, if you will we’ve got a couple of question or comments. The Chair
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recognizes the Commissioner from the 1 Commissioner Fennoy.
Mr. Fennoy: Yes, Dr. Khleif. I’m a retired health educator and I did HIV and STD
education and prevention for the consummated population and one of the issues that I addressed
was prostate cancer. And in talking to a lot of the guys that I came in contact with and when you
talk about the prostate exam they were, they had some issues with that and but what I tried to tell
them that prostate cancer is curable if detected in time. And I am just glad that in addition to
providing treatment for cancer that you all are providing education and I think that’s going to go a
long ways towards decreasing the number of incidents where we are dying of cancer and give us
an opportunity to if detected in time to get a cure.
Dr. Khleif: Well, Commissioner, thank you for bringing this up because that’s a major
issue. And this is part of that cultural problem that we have is where we shy away from talking
about prostate cancer or doing the tests for prostate cancer as you mentioned. I was talking to one
of the congregational leaders that we’re developing the program with, he said you know mass
lecturers don’t work here because if you come to talk about prostate cancer five people will show
up and all of them are women. So what you need to do is something different so what we did now
amongst the twelve communities that we’re working with two of them we designed to do it home
to home education so we’re literally mapping out the whole community. Every home that we
know there is specific need whether it’s a prostate cancer or cervical cancer for women et cetera
we’re going to homes knocking on the door and talking to the people there so you will feel much
more comfortable to talk about this issue and hopefully to conduct this test because you’re
absolutely correct these are curable diseases and we can detect them early. And if we detect them
early not only we cure but also we save lots of lives and also as important lots of money. You
know if you take breast cancer, if you treat the breast cancer that’s late stage it’s $150,000 dollars.
If you treat breast cancer early stage, it’s $15,000 dollars and you can cure the patient versus not
so I thank you for the comment.
Mr. Mayor: Anyone else? Dr. Khleif, thank you for sharing that with us we are ready to
be partners in that process across the entire community and we applaud the efforts that are ongoing
at the Augusta Cancer Center.
Dr. Khleif: Thank you, Mayor, and I look forward.
Mr. Mayor: Thank you. All right fantastic, thank ya’ll. Madam Clerk, I’m going to talk
about item number two. I’m going to waive three and then I’ll mention briefly four.
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The Clerk: Okay.
Mr. Mayor: Item three I want to get a chance to spend some time with the Administrator
because we talked about it just the other day. We spent some time on that before we mention
anything. On item number two I want to again thank the Commissioners for taking a glance at the
information packet that we sent you all a couple of weeks ago now. And I’ve had a conversation
with just a few of you beyond that and it’s important for us to continue this conversation and
provide a fresh start to those who call Augusta home. There’s a lot of discussion across the country
about Banning the Box or creating Fair Chance Policies that allow an individual an opportunity to
compete for a job and to be considered based on job related qualifications before the stigma that’s
often associated with conviction or arrest history. I want to applaud this Commission for its
leadership on the issue around private probation. When we look at our community there are a
number of what I call inherent economic development initiatives, private probation being one of
them and this being the second one. More than 100 cities and counties have adopted similar
policies that also that typically they also allow background checks of applicants before they’ve
gone through several rounds of interviews. In Governor Deal’s second inaugural address Governor
Deal shared his intentions for Georgia to continue leading the nation with meaning for criminal
justice reform. The governor stated if Georgia leads the nation on criminal justice reform I too
want Augusta to lead the state on criminal justice reform as it relates to individuals and I think
we’ve got a tremendous opportunity to do that. Many of our partners in the community,
communities of hope are engaged in this conversation as it relates to reentry and what we do with
individuals to include hiring practices. And so what I would ask the Commissioners, the staff and
everyone in this community to look for us to do is help lead the conversation. And as a government
as we’re leading it that the private sector would then get involved and look for ways for us to
provide ex-offenders who’ve already served their time and often are grossly and unfairly denied a
second chance at a better life for themselves and/or their families to get back on track. And so it’s
important for us to lead this initiative and I want to just encourage us to continue this conversation.
That’s what I wanted to share today that we continue this. We’ll be engaged in more discussion
and dialogue and I look forward to having a lengthy discussion about it. The Chair recognizes the
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Commissioner from the 1.
Mr. Fennoy: Yes again, Mr. Mayor, a lot of the inmates that I talked to they were second
and third time being incarcerated and the reason they reoffended because they didn’t have
resources, they couldn’t get a job to pay their probation fee or pay their fines or to feed their
families because they were a convicted felon. So a lot of the times many of these people they went
back to a life of crime and they got locked up again. But to take this a step forward I think that we
need to start working with our young men at an early age to let them know the consequences of
being a convicted felon, what the limitations that being a convicted felon places on them. In talking
with representatives of the union they have a great apprenticeship program but a lot of times
because the person is a convicted felon they don’t qualify. So I think that if we could do some
preventive work that would go a long ways towards being able to do some address some corrective
issues.
Mr. Mayor: Fantastic, I too agree with that. I look forward to a lively debate and us putting
together something that works for this local government and helps us lead the way for the private
sector to take notice of that. There are already a number of private sector employers who have
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engaged in this process and they’re employing a significant number of individuals who have been
ex-offenders and now are on the way to a successful life. Madam Clerk, I’ll mention the third one
and the last one and that is Leadership Georgia. I shared this at our previous meeting and once
again the Leadership Georgia Class of 2016 will be here on Thursday and they will here March
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the 17 through the 19 surrounding the theme of “One Georgia Stronger Together”. I’m of the
opinion that you can’t have a stronger Georgia without an Augusta and we want to commend Lucas
and Thea Ramirez who are the program chairs for this and I think there will be some opportunities
for those of you as Commissioners to be engaged in their activities as they come into the town on
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the 17 through the 19. They are the program chairs for the Augusta program. Leadership
Georgia is one of the nation’s oldest and most successful leadership training programs for young
business and civic community leaders with the desire to transform Georgia into being that strong
Georgia. The folks who are representing the Augusta class are Davis and Laura Dunaway and
they also have two board of trustees Duncan and Casey Johnson who are I believe are on the board
at the Cancer Center so they are a part of this process as well. Madam Administrator is a
Leadership Georgia graduate and excited to help host them here as we all are hosting them here in
the City of Augusta. Program chairs also for 2016 are Lynthia and Keith Owens. I want to
encourage all of our Commissioners that as you get a communication about the activities of
Leadership Georgia in Augusta look for an opportunity to be a part of that. I believe there may be
an intersection on Thursday night for you to do that. All right, thank you. Madam Clerk.
The Clerk: I call your attention to the delegation portion of our agenda.
PRESENTATION(S)
B. Ms. Lynn G. Cobb, Richmond County Tax Commissioner’s Office regarding 2015
Customer Service Statistics.
Ms. Cobb: Good afternoon and I bring you greetings on behalf of the Richmond County
Tax Commissioner’s Office. My name is Lynn Cobb and I serve as the Project Manager in that
office. And we wanted to come and present to you some of the updates that have occurred over
the past roughly two years. Over the past 24 months the Tax Commissioner’s Office has made a
lot of adjustments. We moved three offices to include this building our transition in this building
and the two offices that we currently have on Peach Orchard Road and on Washington Road and
on Washington Road, I’m sorry on Washington Road, yes, sir. And I wanted to make sure that we
kind of include you on some of the updates and some of the technology upgrades that we’ve done
in those offices. I wanted to also let the Commission know that we support, thank you very much
for your support in terms of the resources that enable us to be able to do this. Our goal in the Tax
Commissioner’s Office was to use technology to serve increasing our customer base and using our
current staffing levels to increase efficiency and accuracy and improve customer experience and
satisfaction for the customers that came to visit each one of our offices. Through that we had a
partnership where we used our people, the process that we currently have, and the technology.
There were four particular technological ventures that we decided to approach over these past
couple of years. One of them or the four are listed here the use of Qmatic, Logicalis, OPEX and
ITI, the self-service terminal, and this presentation will be of the process of explaining what that
is. What is Qmatic? It is an automated queuing system that allows our customers to have an
assigned place in line, allows them to sit comfortably until they’re called, connected with the
appropriate staff and encourage them to leave feedback once they have their encounter at the
customer service counter. It allows managers to be notified in real time about the staffing needs.
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It enables them to connect with specialists, staff specialists for each transaction, informs the
customer volume and wait times. This informs the manager of how many particular customers are
waiting for a particular issue and it empowers the manager to monitor customer satisfaction. The
overall effect what they said this would do for us it would improve timeliness, increase productivity
through staff efficiency and provide real time monitoring, enhance customer service, allow prompt
customers feedback and inform management of the size and type of transactions for customers.
The results for Qmatic were astounding for us. We realized that over the course of the year in
2015 we served over 164,000 customers in each of our three offices. There are only 200,000
residents in Richmond County so all of those customers came into at least one of our three offices
for motor vehicle transactions where we served 144,000 or property tax where we serviced over
19,000. Over 44,000 customers who came in participated in our service and our survey where it
allowed us to understand what that feedback was and their experience in our office. The result of
that was we received over 94% excellent rating in terms of their encounter in the office with our
employees. One of the other services is called Logicalis and that was the technology that we used
to upgrade our call center and it is a cost in our management system. It orders calls based upon
the customer’s needs, tracks the wait time, displays real time data to management, records the calls
for management and training purposes and it archives that call data. Overall effect on operations
what they said it would do was improve responsiveness, optimize efficiency during peak season,
increase customer support, real time monitoring, enhance customer experience and it allows us to
have immediate data retrieval. The results for this was that over 65,000 customers were served in
our call center through Logicalis. Now the reason why that is very impressive is because the city
has its own call center which is 311, 301 I apologize and we don’t, our call, some of our calls are
traffic there but these calls immediately came through our call center right in our offices. On a
typical day to day basic we have roughly about two to three employees that staff that call center.
They were the ones that were there to receive this traffic, 49,000 of those being motor vehicle and
15,000 of those being property tax customers. One of the other pieces of automation we use is the
OPEX. It is the remittance processing of automated mail services system. It scans the mail, it
posts the payments, prepares an electronic deposit and archives all those payments. The overall
effect of operations is that it would increase accounting accuracy, enable us to do immediate
electronic deposits into our bank account, optimize efficiency during peak seasons, centralizing
the increase of mail volume processing and it also gave us immediate data retrieval as well.
Through the use of this technology in our mailroom we process over 44,000 pieces of mail, 24,000
of those being motor vehicle and 19,000 being property tax payments so all of those payments that
are received are right here in our mail center. One of the new pieces that we’re really excited about
lastly it is our self-service kiosk and we only have one of these pieces of equipment and it is located
in the Peach Orchard Road location. This motor vehicle self-service interface, it allows it to be
used kind of like an ATM machine where it actually scans the customer bill, I’m sorry, receives
customer payments with cash or credit and it’ll print out the registration as if a person or customer
actually went to see a staff member. Overall operations, it minimizes wait time 60 seconds or less
for each transaction. It would also process an out of county renewal if someone was here from
Cobb County or Fulton County they could have their transaction processed, optimizes efficiency
during peak hours, they could pay with cash or credit and they could do up to ten vehicles at one
time. What this self-service allowed kiosk allows us to see is that we are able to service over 6,000
customers to date. We just implemented this technology back in July and as you can see
throughout the month our use of this has increased and we’re really excited about the use in
February where we had over 1,300 transactions that was processed at the kiosk alone. And what
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that also allows us to do is to take our staff and better manage some of the things we do internally
to allow us to have optimal customer experience when they are in that location. Overall we have
four major technological upgrades, over 280,000 customers were seen and we had an overall 98%
customer service rate. Now what are doing next? Coming up for 2016 because of the SPLOST
that was just recently passed it’s going to give us the opportunity to partner with some other city
entities and we will start to implement the tax billing and tax collection software starting in 2017.
Motor vehicle inventory management system which will also start in 2017. We’ll be working with
utilities in their remittance processing and a pilot program to help them collect their payments and
we will be also be working with Animal Services to help them to collect some of those fees that
they have just been assessed with as part of their project. So if we don’t have any questions or do
we have questions?
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Mr. Mayor: The Chair recognizes the Commissioner from the 8, Finance Chair.
Mr. Guilfoyle: I would just like to say that your staff under the direction of Steve
Kendrick’s has done a wonderful job. All I hear is positive reviews especially with the new office
in South Richmond County.
Ms. Cobb: Thank you, sir.
Mr. Guilfoyle: So if you would pass that along to your staff.
Ms. Cobb: Thank you, thank you very much.
Mr. Guilfoyle: Thank you.
Ms. Cobb: Well again we thank you for your time. Oh, I’m sorry.
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Mr. Mayor: The Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Chair. The kiosk you said it’s only in one location?
Ms. Cobb: Yes, sir.
Mr. Lockett: Do you intend to put in other locations or you don’t think it would be feasible?
Ms. Cobb: With that question I’m going to step aside and let our finance guy answer that
question for you.
Mr. Speaker: We do see the potential to add one more at the West Augusta location not
necessarily to handle more transactions but to increase the availability to customers. It could be
placed in another location outside of our office for after-hours collections but as of right now we
don’t necessarily see the need.
Mr. Lockett: And that’s open 24/7?
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Mr. Speaker: If it was put in another location.
Mr. Lockett: But the one that you have now is it 24/7?
Mr. Speaker: No, it is inside of our office so regular hours.
Mr. Lockett: Thank you.
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Mr. Mayor: All right, stay there. The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Yes. Are there any plans, where are we on the plans for a satellite at Fort
Gordon or are you ready to talk about that now?
Ms. Cobb: Actually the plans for that as far as I know they have been tabled at this time.
There was some concerns about Fort Gordon accessibility for us. Initially we were going to partner
with Columbia County. They have deferred to do that and they have moved their office in
Grovetown, they opened up a satellite office in Grovetown to offset that customer base in that area.
So at this time I do not, I cannot speak to any official push for that to take place right now.
Mr. Fennoy: Okay well one other thing ---
Ms. Cobb: Yes, sir.
Mr. Fennoy: --- may I ---
Mr. Mayor: Continue.
Mr. Fennoy: --- would you tell let Mr. Kendrick’s know that ---
Ms. Cobb: Yes, sir.
Mr. Fennoy: --- he’s the only Tax Commissioner that I know that people have positive
things to say about him. They don’t mind for some reason don’t mind giving ya’ll their money.
Ms. Cobb: Yes, sir, thank you so much. That’s what we do. I appreciate it.
Mr. Mayor: Fantastic, thank you so much thank ya’ll. All right.
The Clerk: I call your attention to the consent portion of our agenda which consists of
items 1-28, items 1-28. For the benefit of any objectors to our Planning petition once the petition
is read would you please signify your objections by raising your hand. I call your attention to:
Item 2: Is a request for a change of zoning from a Zone A (Agriculture) to a Zone B-2
(General Business) affecting property known as 3729 Wrightsboro Road.
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The Clerk: Are there any objectors to that Planning petition? I call your attention to the
Public Services portion of our agenda if there are any objectors to any of the alcohol petitions once
those petitions are read would you please signify your objection by raising your hand. I call your
attention to:
Item 6: Is for an on premise consumption Liquor, Beer & Wine License to be used in a
location at 2819 Washington Road.
Item 7: Is for an on premise consumption Liquor, Beer & Wine License to be used in
connection with the restaurant located at 3629 A Walton Way Extension.
Item 8: Is for an alcohol Special Event license Wild Wing Café at 3035 Washington Road.
Item 9: Is for alcohol event license for a location at 2821 Washington Road.
Item 10: Is for an alcohol Special Event license property at 2834 Washington Road.
The Clerk: Are there any objectors to any of those alcohol petitions? Mr. Mayor and
members of the Commission, our consent agenda consists of items 1-28 with no objectors to our
Planning petition or our Alcohol petitions.
Mr. Mayor: Wonderful, all right here’s what I’d like to do before we take our requests.
Before you you’ve got two items that there’s a request to add to the Commission agenda and I
want to if we can gather unanimous consent to take care of those now, all right? And the reason I
want to do that, okay it’s actually just adding one item. Madam Clerk, is that correct just adding
one item?
The Clerk: Yes, sir, item number 24 that’s just additional information. There were two
identical agreements in the book.
Mr. Mayor: All right, I do apologize I stated that incorrectly. All right so we’ll go as we
are items 1-28 consent agenda. The Chair will entertain any requests to add or remove from the
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consent agenda. The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. I’d like to take item 30 Madam Clerk and add
it to the consent agenda if we can.
The Clerk: To defer it?
Mr. M. Williams: Yeah, this came before the Administrative Services but we didn’t have
a quorum I don’t think and it’s going to need a second reading and all that other.
Mr. Lockett: Second.
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The Clerk: We’ll add it to the consent agenda to defer it to the March 30 meeting, would
that be okay? Okay.
Mr. Mayor: All right, suspend. Madam Clerk, all right so there’s a lot of conversation
about that ---
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The Clerk: Item number 30?
Mr. Mayor: --- yeah, a lot of conversation about it. Commissioner Williams, can you
restate what it is your concern is about that if you don’t mind?
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Mr. M. Williams: Yes, I wanted to have this put on the March the 30 is that when our
next meeting ---
The Clerk: Yes, sir, Housing and Community Development is asking that this item be
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deferred to the March 30 agenda because they have to have a 30-day comment period and that
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period is not to its fruition today. So they’re asking that the item be deferred until the March 30
agenda to facilitate that comment period.
Mr. Mayor: All right fantastic thanks for that clarification, Madam Clerk. All right.
Mr. M. Williams: I’d like to pull item 14 if I can, Mr. Mayor.
Mr. Mayor: Okay all right, are you done, Commissioner?
Mr. M. Williams: Yes.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 4.
Mr. Sias: Yes sir, thank you, I would like to pull item number four please.
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Mr. Mayor: All right, Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor, if I could pull item number three for discussion.
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Mr. Mayor: Commissioner from the 6.
Mr. Hasan: Mr. Mayor, I’d like to pull item number 27.
Mr. Mayor: All right so, Madam Clerk, item 30 so it is on the regular agenda. I know
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what our desired motion is and that is a motion to defer to the March 30 meeting but as it is
written and I don’t want the general public to be confused as it’s written I will caution us against
just putting it on the consent agenda as is. What I would ask us to do is take it off of this and then
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we’ll have the Commissioner from the 9 make a motion to defer it to committee when we take
up the regular agenda.
The Clerk: You mean to the Commission meeting; we won’t have another set of
committees.
Mr. Mayor: Right I understand but I’m saying our action today if you’ll remove it from
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your items add it to the consent and then I’ll recognize the Commissioner from the 9 when we
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get to item number 30 at which point he’ll motion to defer it to the March 30 meeting.
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The Clerk: Okay.
Mr. Mayor: I’m going to recognize you for that at that time. All right.
Mr. M. Williams: I mean what, help me out to understand the difference I don’t want to
confuse anybody. I mean I’m easily confused myself but I don’t to do it to nobody else. How is
it that that would do that, Mr. Mayor, because I thought that’s just another action we really don’t
need to take, do we?
Mr. Mayor: Well, I’m suggesting you take that action as opposed to if you add this to the
consent agenda and I’m John Q. Citizen and I read this and you can have consented it even though
you don’t want to because the 30-day period has not has not we’ve not reached the 30-day period.
This says motion to adopt by a Resolution, that’s what it says. And so if you’re adding it to the
consent agenda as written I’m going to assume that you adopted it even though the 30-day
comment period has not been heard. Now that’s just my suggestion ---
Mr. M. Williams: What ---
Mr. Mayor: --- you’re going to do the same thing but I’m just saying let’s wait and just a
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moment and then I’ll recognize you and you can say defer it to March 30.
Mr. M. Williams: (inaudible).
Mr. Mayor: And again ---
Mr. M. Williams: Six to one half a dozen to the other.
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Mr. Mayor: --- all right the Chair recognizes the Commissioner from the 4.
Mr. Sias: Move to approve the consent agenda.
Mr. Fennoy: Second.
CONSENT AGENDA
PLANNING
1. FINAL PLAT – MCCOYS CREEK, SECTION 5-S852 – A request for concurrence with
the Augusta Planning Commission to approve a petition by James G. Swift and Associates,
on behalf of Larry Prather, Prather Construction Co., Inc., requesting final plat approval
for McCoys Creek, Section 5. This residential subdivision is located on Calumet Drive, west
of McCoys Creek Road and contains 32 lots. DISTRICT 3
2. Z-16-11 – A request for concurrence with the Augusta Planning Commission to approve
with the conditions stated below; a petition by E.W. Reece, on behalf of James E. Johnson
Estate and Raes Creek Church Cemetery, requesting a change of zoning from Zone A
(Agriculture) to Zone B-2 (General Business) affecting property containing approximately
2.68 acres and known as 3729 Wrightsboro Road and part of 3737-A Wrightsboro Road. Tax
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Map 040-0-013-05-0 & part of 040-0-014-00-0 DISTRICT 3 1. The use of the property shall
be limited to a business park or those uses permitted in the current A (Agriculture) Zone. 2.
A recorded deed that shows the subdivision and recombination of property identifying access
to remainder of property must be submitted before building permits shall be issued. 3. The
existing cemetery shall be properly maintained in good condition by the property owner(s),
Rae’s Creek Church Cemetery and/or their successors. 4. The access easement shall be
extended to the cemetery property to provide unobstructed access to the burial site. 5. Ensure
that the property complies with all aspects of the Tree Ordinance and applicable landscaping
standards. 6. The project site plan must comply with any other ordinances and regulations
in effect at the time of construction. 7. Any new curb-cuts and necessary right-of-way and
easements for the site are subject to approval from the Augusta Engineering Department. 8.
The owner must provide public water and sanitary sewer by extending the nearest public
water and sewer line to the subject property, following the guidelines and specification of
Augusta Utilities.
PUBLIC SERVICES
5. Motion to approve the Lease Purchase of an Aircraft Refueler Truck for Augusta Regional
Airport in the amount of $290,955.00 over a ten (10) year lease as approved by the Augusta
Aviation Commission January 28, 2016. (Approved by Public Services Committee March 8,
2016)
6. Motion to approve New Application: A.N. 16-14: request by Jimmy Clarence Powell for
an on premise consumption Liquor, Beer & Wine License to be used in connection with WOB
Augusta, LLC d/b/a World of Beer restaurant located at 2819 Washington Road. There will
be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee
March 8, 2016)
7. Motion to approve New Application: A.N. 16-15: request by A. Jackson Brown for an on
premise consumption Liquor, Beer & Wine License to be used in connection with Athletics
Augusta Restaurant located at 3629 A Walton Way Ext. The alcohol and business license
will not be issued prior to the issuance of the Certificate of Occupancy or Letter of
Completion for the building renovation to include a full service kitchen and inside seating
for a minimum of forty (40) people. District 7. Super District 10. (Approved by Public
Services Committee March 8, 2016)
8. Motion to approve a request by Jan Scholer for Wild Wing Café located at 3035
Washington Road for an Alcohol Special Event license for 6 days April 4 thru April 9, 2016.
(Masters Week in the parking lot) District 7. Super District 10. (Approved by Public Services
Committee March 8, 2016)
9. Motion to approve a request by Michael Evertsen for Tin Lizzy’s Cantina located at 2821
Washington Road for an Alcohol Special Event License for 7 days April 4 thru April 10,
2016. (Masters Week in the parking lot) There will be Sunday Sales. District 7. Super District
10. (Approved by Public Services Committee March 8, 2016)
10. Motion to approve a request by Brett Althoff for Hooters of Augusta located at 2834
Washington Road for an Alcohol Special Event License for 9 days April 2 thru April 10,
2016. (Masters week in the parking lot) There will be Sunday Sales. District 7. Super District
10. (Approved by Public Services Committee March 8, 2016)
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11. Motion to approve Construction Order #2 in the amount of $2,350,771.00 for Phase 2 of
the Renovation of the Old Library for the Public Defender’s Office by RW Allen, LLC.
(Approved by Public Services Committee March 8, 2016)
12. Motion to approve a request by Alicia Moon Chong for a Therapeutic Massage Operators
License to be used in connection with Josa Massage & Spa located at 4110 Windsor Spring
Road Ste G 201. District 6. Super District 10. (Approved by Public Services Committee
March 8, 2016)
PUBLIC SAFETY
13. Motion to approve Agreement with Active Network to replace CLASS Software.
(Approved by Public Safety Committee March 8, 2016)
15. Motion to authorize award of Bid Item #16-084 Firefighter Safety Clothing to Ten-8 Fire
& Safety subject to final contract negotiations and to authorize the Mayor to execute such
finally negotiated contract. (Approved by Public Safety Committee March 8, 2016)
16. Motion to approve Mutual Aide Agreement with the Savannah River Site Fire
Department and to authorize the Mayor to execute the appropriate documents. (Approved
by Public Safety Committee March 8, 2016)
17. Motion to approve annual maintenance addendum with Motorola, Inc. for ongoing
support of PremierCSR Software. (Approved by Public Safety Committee March 8, 2016)
18. Motion to approve entering into a Statewide Mutual Aid and Assistance Agreement with
GEMA to support all-hazards emergency management missions and to authorize the Mayor
to execute the appropriate documents. (Approved by Public Safety Committee March 8,
2016)
FINANCE
19. Motion to approve Augusta Utilities-Construction and Maintenance Division request to
replace a 6-inch pump which was stolen. (Approved by Finance Committee March 8, 2016)
20. Motion to approve the purchase of 1 pickup truck for Augusta Regional Airport. (Bid
Item 15-161) (Approved by Finance Committee March 8, 2016)
21. Motion to approve the refund of property taxes paid by Garden City Rescue Mission in
Augusta, Georgia in the amount of $6,650.50 parcels 046-2-162-00-0; 047-3-102-00-0; 046-4-
100-00-0; 046-4-099-00-0. (Approved by Finance Committee March 8, 2016)
ENGINEERING SERVICES
22. Motion to approve Central of Georgia Railroad Crossing NFS No. 1208808. (Approved
by Engineering Services Committee March 8, 2016)
23. Motion to approve CSX Railroad Crossing CSX736344. (Approved by Engineering
Services Committee March 8, 2016)
24. Motion to approve Beautification Agreement and Art The Box Agreement for New
Berckmans Road. (Approved by Engineering Services Committee March 8, 2016)
25. Motion to approve award of Construction Contract to Blair Construction in the amount
of $127,008 for the Municipal Building Off Street Parking Project. Award is contingent upon
receipt of signed contracts and proper bonds as requested by AED. (Bid Item 15-237
(Approved by Engineering Services Committee March 8, 2016)
26. Motion to approve for RFP #15-190 for Office Janitorial Services for Utilities. (Approved
by Engineering Services Committee March 8, 2015)
13
PETITIONS AND COMMUNICATIONS
28. Motion to approve the minutes of the regular meeting of the Commission held March 1,
2016 and Special Called Meeting held March 8, 2016.
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Mr. Mayor: All right, now I’m going to recognize the Commissioner from the 9 to do
that. All right, we’ve got a motion to approve the consent agenda and a second. Voting.
The Clerk: Are you having difficulties, sir?
Mr. Guilfoyle: No, I’m trying to get the Mayor’s attention.
The Clerk: Oh, okay.
Mr. Guilfoyle: Madam Clerk, I’m going to vote no on number 11 ---
The Clerk: Eleven, okay.
Mr. Guilfoyle: --- I was waiting on feedback from the Deputy Administrator, Ted
Rhinehart, as far as cost. Hopefully I’ll get that within the next couple of days, that’s the request
from last week.
The Clerk: Okay.
Mr. Guilfoyle: Thank you.
Mr. Guilfoyle votes No. [Item 11]
Motion Passes 9-1.
Motion Passes 10-0. [Items 1,2, 5-10, 12, 13, 15-26, 28]
Mr. Mayor: All right, I’m going to go to item 30 first, Madam Clerk, so that the
Commissioner can ---
The Clerk:
ADMINISTRATIVE SERVICES
30. Motion to adopt by Resolution the FY 2016 Annual Action Plan for the following
programs funded by the U.S. Department of Housing and Urban Development (HUD):
Community Development Block Grant, (CDBG) Program, Home Investment Partnerships
(HOME) Program, Emergency Solutions Grant (ESG) Program, Housing Opportunities for
Persons with AIDS (HOPWA) Program. (Originally Approved by Commission on October
6, 2016). (No recommendation from Administrative Services Committee March 8, 2016)
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Mr. M. Williams: Madam Clerk, would you have this put on the March 30 agenda
the same as it is now which would have done the same thing either way.
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Ms. Davis: I’ll second that, Mr. Mayor.
Mr. M. Williams: If we just need to go through that procedure ---
Mr. Lockett: You need another thirty.
Mr. Mayor: You know in grade school they told me you couldn’t read but one way. All
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right, we’ve got a motion and a second motion to defer to the March 30 meeting. Voting.
Motion Passes 10-0.
The Clerk:
PLANNING
3. ZA-R-242 – A request for concurrence with the Augusta Planning Commission to approve
petition to amend the Comprehensive Zoning Ordinance as follows: • Section 2 (Definitions)
– add “Greenspace”, “Open Space”, “Recreation Space” and “Street Lighting” • Section 3-
A – Outdoor/Street Lighting – new section to provide a regulatory strategy for outdoor
lighting • Section 3-B – Open Space/Recreation Area – new section to provide open space
consistent with the requirements set forth in this section • Sections 4 Off-Street Parking and
Loading – add Townhome/Patio Home Parking and amend One and Two-family and
restaurant parking requirements.
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Mr. Mayor: The Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. Melody Wilson as far as this request, who put this
together?
Ms. Wilson: This is a request that was put together by staff based on issues that we and
concerns that we had received from a number of residents located out in the community as well as
feedback that we received from Planning Commission members as they had gone out to inspect
during our tours properties that had been actually developed and saw that there were some
problems with regards to some of these items that have been identified.
Mr. Guilfoyle: I actually had gotten a couple of phone calls today in regards to this from
general contractors. I can understand the apartments requesting two and a half parking spaces per
unit. I can understand the lighting in an apartment complex but we implemented rules no different
than a (unintelligible) that all buildings are required to have it regardless. I think that needs to stay
in concentrated areas such as this urban area downtown where people are going to utilize it and
use it. I know the (unintelligible) is not in here but I’m just saying that I had brought that up a
week and a half ago to you for ---
Ms. Wilson: Right and ---
Mr. Guilfoyle: --- storage building.
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Ms. Wilson: --- right and basically again from the standpoint of lighting I will make a note
with regards to that. The street lighting ordinance that you’ve got before you does a few things
which actually protects the people that are buying properties in the subdivisions. If you’ll recall a
number of months ago there was a person who lived off of I think it’s Peach Blossom or Blossom
Road where a developer went in and started developing that community but did not put in the street
lights. Our process which is a little different than the way that development occurs in other
communities is that roads can go in and people can start developing and the residents have to
petition for lights to go in as an example. This actually ends up being a safety issue so what this
ordinance does as it says when the roads are being put in the developer is responsible for putting
the lights up at the time the roads are going in and it puts the cost on the front end with the
developer. But the ordinance basically lets them know so that they can adjust their costs that
they’re going to have that cost that is part of the development and they can it’s a very small cost
passing it along at that point in time versus putting the burden on the new owner of the home which
actually gets to be quite really burdensome for them.
Mr. Guilfoyle: I realize the ---
Ms. Wilson: So that’s why that is there. As far as the other items the Open Space the
Greenspace that’s for clarification just because there’s really not much distinction in the ordinance
and this makes it easier for us to basically implement and um, the last for the parking which is
actually probably something that’s really important that you might not think of and that is when
you’re going out again in areas that are in your district and others areas that are not urban a lot of
the developers are putting in private roads which is their right to do that. But when they build
especially the patio homes they put in either a two car garage which most people use for storage
and they have basically two spaces if they’re lucky. Well, if they have company, if they have a
child that has a car a lot of things happen. You have people parking on both sides of the street and
this starts creating a health and safety issue because emergency vehicles can’t even get down the
road. We were out and this is moving forward probably a little bit quicker than normal because
we were out as we go out monthly looking at several sites and every subdivision that we went to
that had this type had either patio home development or townhomes or apartments had parking on
both sides of the street. In fact, one subdivision had parking in the side yard because there wasn’t
enough parking and that was in the middle of the day. On the weekends its worse so we get
complaints from people who can’t even put their trashcans out because the trash trucks can’t get
through because there’s cars on both sides of the street. So all we’re asking this is .25 parking
requirement. We’re asking folks to do what others around the country and around the state of
Georgia are doing and that is have some off street parking space for visitors. People that buy these
homes have parties, they have people that come in. Have some options so that people don’t have
to park on the street or park in the side yard. So that’s why that’s in place.
Mr. Guilfoyle: How does this affect the commercial?
Ms. Wilson: This doesn’t have any this doesn’t have any impact from the standpoint from
the commercial for the offsite excuse me for the additional parking in the residential area. On the
commercial side this actually helps because our ordinance is set up where if you had a commercial
business let’s say you were redoing a Sherman Williams that you’re wanting to convert to a
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restaurant. Well, the way that they parking is currently calculated the whole building, if the
building is 3,000 square feet and 3,000 square feet is used to determine what the parking is.
Whereas they might only need to have 1,500 square feet based on the number of seats and the other
could be used for storage. That makes it pretty burdensome for that commercial developer because
they didn’t have to come in with agreements to share parking with somebody that’s within 500
feet and half the time that parking’s not used. So what this does also is it brings our parking
requirements in line with what our neighbors’ parking requirements are and uses a similar
calculation. So this actually helps people especially the ones doing adaptive reuse for buildings.
Mr. Guilfoyle: I mean we’re impacting the end user which is the developer and the owner
of the property with the changes along the way. And that’s the reason why I had asked the question.
Ms. Wilson: We did do extensive just so you know we made an effort we sent this out in
January.
Mr. Guilfoyle: For two days?
Ms. Wilson: We sent it out, excuse me?
Mr. Guilfoyle: Two days?
Ms. Wilson: No, we sent this out in January then we sent it out again in February. We
sent notices out to a list of engineers as well as architects, anybody that we have as part of our
database that submits plans to us. We had meetings, two drop in meetings which gave people the
opportunity to give us feedback. We also had it posted on our website which gave people the
opportunity to send us email with feedback. We’ve received two comments from people in the
development community that were actually quite happy because you know it brings some
consistency to our ordinance. And we also received feedback from somebody that actually was
adversely impacted by the way the parking was calculated in the commercial side that wanted to
do an adaptive reuse but they couldn’t get the parking to be able to have that work out for them.
So we’ve done a lot our due diligence from the standpoint in making sure that people knew that
we were in the process of making this change. We did start out in January so it hasn’t been two
days, it’s been well over 30 days.
Mr. Guilfoyle: Right as far as you said you had to reach out to civil engineers, architects,
contractors et cetera will it be just like you and your staff had put this ordinance together but you
know in the future we’re going to have different ordinances that’s going to impact the end user.
I’ve never been one to have a bigger government but will it be better if we had an advisory board
that consisted of civil engineers, contractors, architects and one that has direct impact that
specializes in the field that ---
Ms. Wilson: That’s what we, well, two things. One, the Planning Commission basically is
your advisory board and they have gone over this for two months they had the opportunity to ask
questions. And two, we did I mean we reached out to those very people that you’re talking about
to get feedback to find out what do we need to do to tweak it. Is this something that’s going to
help your clients out based on what you see for people coming in to try to develop their property?
17
If we were doing a more comprehensive overview, then we would definitely have a list of
stakeholders that included people that lived in the neighborhood as well as others that had that
were’ going to be ---
Mr. Guilfoyle: Right, the person I had appointed to the Planning and Zoning is per se not
a general contractor not an architect ---
Ms. Wilson: Right.
Mr. Guilfoyle: --- the only thing they can do is give an opinion not ---
Ms. Wilson: We do have general contractors on there.
Mr. Guilfoyle: Okay, I have one or two but wouldn’t it be better to have a whole facet
from an advisory board to oversee different changes coming in the ordinance?
Ms. Wilson: Again this was sent out to the people that you would want to have even if you
had an advisory board for them to give feedback. We went out we talked to the homebuilders
about this as well. We got feedback from a couple of their members regarding some of these
changes so we talked to the construction, I mean we talked to all of the stakeholders and the
engineers and the architects are our stakeholders, they give us information based on policy. I
would not put something forward to this body without having engaged them in this process.
Mr. Guilfoyle: Well, Ms. Wilson, you ought to know more than anybody that I’ve received
a lot of phone calls with different issues trying to get certain things accomplished and we need
have some better way of doing this, a better process ---
Ms. Wilson: What I’d like to do ---
Mr. Guilfoyle: --- user friendly.
Ms. Wilson: --- I would like to be able to redo the whole ordinance but and I’ve talked to
the Administrator about this; it’s quite expensive. But if we do something that’s much more
comprehensive then I’m a believer of having everyone including the people in the neighborhood
as part of the process but I hear what you’re saying and we will make sure that we (inaudible).
Mr. Guilfoyle: I’ll probably bring it up in the near future on that one then. Thank you.
Ms. Wilson: Thank you.
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Mr. Mayor: The Chair recognizes the Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor, the neighborhood that Ms. Wilson just
made reference to was one of my constituents in the neighborhood they live in. I ran into that
challenge about the whole neighborhood over $100,000 dollar homes sitting up in pitch black dark.
As a matter of fact, one of the neighbors, my neighbors in my neighborhood his sister stayed in
18
there. He picked me up one evening and took me out there and we could not even see ourselves
out there. I mean you couldn’t see in front of your hands and we ventured over several months
ago, was able to have Ms. Wilson come out there, Engineering come out there and within 90-days’
time, we was able to resolve that issue so I applaud her and what she is suggesting around these
issues. And I must say and I’m hoping she don’t take this the wrong way she’s slowly growing
on me in terms of because we had the opportunity to sit down the last month or so myself and she
invited Commissioner Sias to be there because there’s an apartment complex coming up in my
district and she’s holding developers accountable and giving them best practices in bringing
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Augusta into the 21 century. And so I really and truly applaud her and I think we need to be very,
very respectful of that that we have to protect the citizen’s interests and I think she’s doing a great
job of that thus far in what I’ve seen. But it took me to have that opportunity to sit down with her
and I told her that so I’m not just saying it now. I told her that after we met last week that I applaud
her some of the challenges that she was encouraging the developer from that meeting from the first
time to the second time he readily accepted those, those changes to the way the direction he
direction he felt it would enhance his overall project. So I applaud Ms. Wilson in terms of the
work that you’re doing.
Ms. Wilson: Thank you.
Mr. Hasan: And I make a motion to approve.
Mr. D. Williams: Second.
Mr. Mayor: All right, I appreciate that. We’ve got a motion from the Commissioner from
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the 6 a second from the Commissioner from the 2 but I think there’s certainly a desire for more
discussion. I got I think four hands that still are up but I’m going to make a statement. Director
Wilson, I applaud you for bringing this forward. In Tab 3 it is what I call good public policy that
moves us forward as a city. When we talk about smart growth, smart neighborhoods this is the
way you do it. Too long we’ve had a hodgepodge and a smattering of these residences and/or
townhomes that show up and if you engage the developer up front and say these are the
requirements. The last time I checked they do it down the street over by the bend and on the other
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side of the water and the Commissioner from the 9 will say. And folks are moving in rapid pace
over to those neighborhoods. It’s high time I look forward to seeing that in my city, in our city
that we’ve got these types of developments and/or neighborhoods that are attractive, that are safe
and that are representative of the types of folks that we expect to move into the City of Augusta.
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So if I were voting I would vote yes. The Chair recognizes the Commissioner from the 4 followed
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by the 9 and then the 1.
Mr. Sias: Thank you, sir. First I want to applaud Ms. Wilson for bringing this up to the
forefront and getting some organized order to this. As a person who served on the what we call
the ---
Mr. Mayor: Planning Commission?
Mr. Sias: --- no, sir it’s called the, it’s the Subdivision, the Subdivision Regulation Sub-
Committee. That committee was full of guess what, developers. And so if we go back to, I’m
19
going to use some of Commissioner Marion Williams tricks, if we go back, Tom Wiedmeier, to
when we built the water tank on Morgan Road water was running in South Augusta at a trickle in
the morning and afternoon. And it was put before this Commission at that time that we halt
construction. That was unanimous panic and anger among all developers so we continue to build
subdivisions without the proper infrastructure. Now we’re trying to do the Sanitary Sewer
Connection Program and we have areas now where we have no infrastructure but we want
business. That’s because we did not do our due diligence as a governing body to ensure that these
things were in place. We still have subdivisions that are being built without street lights; we still
have that issue how. So we’re going to have to, we’re going to have to take control of that. Sure
expertise are needed on these boards but these are not the foxes that need to be building the
henhouse and watching the henhouse. So, Ms. Wilson, I want to applaud you for doing what
you’re doing and this not a chokehold on developers. It’s simply a process to ensure that when
people buy these houses as I did I sure would’ve had second thoughts if I knew my lunch stayed
in my yard. So I want to thank you for continue to do what you do. Thank you.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. Ms. Wilson, you’ve got a lot of appreciation it
sounds like so far for your job and I think you’re trying to do a good job but there’s two sides to
this I think. I’ve been here long enough to see them build apartments and homes that the fire trucks
couldn’t even get down. I complained about that many, many times and I think this ordinance that
you’re trying to put out here now is something good and something we can use. But I do think
that the Commission ought to have some input before we decide to go ahead and change the
ordinances that Planning and Zoning or somebody else thought or your department thought was
good. I support all of the changes. I think they need to be done but as elected officials in these
capacities people lean on us not just the residents but the builders and everybody else. We had a
Public Works Director who followed the rules that we put in place and they’re no longer here
anymore but she followed the rules that we put in place in the situation. So I just think there ought
to be some conversation among us not just in the committee but before this gets to that point to put
an ordinance together and we come up and vote on it in committee and we’ve got maybe four
members on that board the committee here and the rest of us is not going to hear nothing about it
until we see it either on our agenda and don’t have the time to comment. So I’m in support of
moving forward. I’m in support of building a situation where people can live and grow. You might
have to cut back on the size of some of those lots that we’ve got you know in order to do that but
I just think that we ought to be informed enough before it gets here because the contents you have
in here now we should’ve had that in some other place. We’ve been talking about transparency
and somebody asked me why does the Planning Commission have two meeting and I said what’d
you mean? Well, they’ve got a meeting before the meeting and the general public don’t really like
that. They’ve been asking questions about it I said but that’s been a practice. But my good friend
on my left always talks about transparency and I’m wondering why if there’s a meeting there ought
to be just one meeting. There ought not to be two of them; there ought to be that same transparency.
So I just think you’re doing a good job. I want to continue to do this I just think that we as elected
officials ought to be able to be ought to feel good about what we’re voting on and understanding
it a little bit better before it gets right here. I’ve got calls from folks who are complaining and
saying hey I can’t afford the bill; I can’t afford to do something. I have people inquire about not
just this one but other ones and Planning and Zoning steps in they say well we’re going to move
20
to another part of the country because ya’ll won’t let us build and that’s not true. But those are
comments and questions that I get so I wanted to share that with you so when you bring forth
something it ought to have plenty of dialogue, maybe a 30-day comment period ought to be done
with our ordinances so we can comment as well. And I just throw 30 days. I mean I don’t care if
it ain’t but two weeks there ought to be sometime we can know what we’re going to vote on and
feel good about what we’re going to vote on rather than waiting to get to this point.
Mr. Mayor: Okay all right, I’m going to recognize the Mayor Pro Tem.
Mr. Smith: Ms. Wilson, I’m going to also say I’ve heard a lot of good things in talking
with other folks about what ya’ll have been doing down there in bringing us up to where we need
to be. And what I want to say is part of being on the State Construction Board you know we’re
constantly looking at our codes and everything which you know in my trade we have laws to go
by. But I would say and I agree with Commissioner Williams that we need to you know if we take
a step forward let’s make sure it’s on solid ground. And I’d like to see us get some you know
we’ve got some good people in this community who are good business people but plus know their
trade you might say architects, engineers and various other folks, Georgia Power people. I’d like
to see a little small committee get together and go over you know what ya’ll, you suggest and let’s
make sure when we’re moving we’re moving in a positive direction and we don’t step on you
know somebody’s toes and hurts them real bad. When I say hurts them let’s make it where it’s
fair. We can go sometimes too far one way and then the next thing you know you’re either you
know causing chaos with lawsuits and everything else about. So I would just like to see us get a
good group of local folks to get with you and let’s make sure when we do something it’s in a good
positive manner and makes Richmond County attractive to building and for people to move in
knowing they’re getting a quality home.
Mr. Mayor: All right, I’ve got one more. I’ve got a motion from the Commissioner from
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the 6 second from the Commissioner from the 2 and we can vote at any time if ya’ll would like
to.
Mr. Hasan: Call for the question.
Mr. Mayor: Okay, so hold on so if we’re going to do that, not call for the question I have
nd
to go to the Commissioner from the 2, he had his hand up.
Mr. D. Williams: I’ll pass.
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Mr. Mayor: All right the Commissioner from the 1 he waived as well. All right
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Commissioner from the 5 do you waive or?
Mr. Lockett: I don’t waive, no.
Mr. Mayor: Okay, all right.
Mr. Lockett: I mean everybody I think pretty much have had these congratulatory
comments to this young lady and I feel like if I don’t say anything well she’s going to feel that I
21
don’t agree with what they’re saying. So basically all I want to do is say you’re still doing good.
Thank you.
Mr. Mayor: Thank you. All right we’ve got a motion and a second. All right, voting.
Mr. Grady Smith abstains.
Motion Passes 9-0-1.
The Clerk:
PLANNING
4. ZA-R-243 – A request for concurrence with the Augusta Planning Commission to approve
a petition to amend the Comprehensive Zoning Ordinance by amending Section 33-5 (b) –
Powers of the Board of Zoning Appeals by implementing guidelines and inspection criteria
for second living units approved under a medical hardship.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, Mr. Mayor. Ms. Wilson, again on this particular item I totally agree
with what you are presenting but here’s what my question is. When you look at the part that this
presentation is regulating is what concerns me. It says that for a medical emergency this person
can put for lack of a better word a trailer in their yard. I’m trying to understand even before you
got to this review of it of a year and all this kinds of stuff are you telling me then that any
subdivision or any location in this county a person could say well I have a medical emergency and
I’m not saying they don’t have a medical emergency with their family member or something they
could actually put a trailer in their yard?
Ms. Wilson: What this does is basically right now right now the way the ordinance is
written if someone has a medical hardship that’s what it’s called they come in and they make out
an application and that decision that goes to the Board of Adjustments they have to pay a fee and
they have to prove that there’s actually a medical hardship. That gets renewed annually. What
this ordinance is doing is actually taking it to the next level which is making sure that that trailer
or that unit meets at least the minimum standard for HUD code. So that’s what this is it’s just
adding to it. But right now yes ---
Mr. Sias: That’s the question I want to get an answer to.
Ms. Wilson: Right now the ordinance the way it is if you said no to this the ordinance right
now still allows for someone who has a medical hardship and that’s in that’s kind of like a national
standard if you do but it’s not permanent thing like they can’t put it on a permanent foundation or
anything of that nature and it has to be removed ---
Mr. Sias: But here’s what ---
Ms. Wilson: --- (unintelligible).
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Mr. Sias: --- excuse me for a minute. Okay what I don’t understand is since the Mayor is
not at his chair at the moment so if I bought a house out there next to the Mayor then I had a family
emergency I could roll a trailer in my yard.
Ms. Wilson: Well, if you bought a house next to the Mayor and you had a medical hardship
let’s say something really horrible happened to one of your children or to yourself and you needed
have one of your children move back but you don’t want them to be in the house with you, you
could put in a manufactured home built to the HUD standard which is what this is kind of breaking
it down not permanently set up for them to live if they are providing the services to help take care
of you. They have to come in with a doctor’s note basically it’s something saying that you have a
situation where you cannot take care of yourself. And the Board of Zoning Appeals reviews those
and they either day yes or no.
Mr. Sias: And I just wanted to get the clarification on that because as many times as I’ve
looked at some of those ordinances I never got that piece. So I understand and appreciate your
putting additional restrictions on that but the point being everybody has the right to do that if they
can say justify it ---
Ms. Wilson: That’s correct.
Mr. Sias: --- irregardless of the zoning of the subdivision.
Ms. Wilson: Not unless they have restrictive covenants which we don’t get into but yes.
Mr. Sias: Okay thank you I just needed that clarification.
Mr. Mayor Pro Tem: Commissioner Fennoy.
Mr. Fennoy: Motion to approve.
Mr. Lockett: Second.
Mr. Mayor Pro Tem: All right we have a motion and a second. Ya’ll, let’s vote.
Mr. Grady Smith votes No.
Motion carries 9-1.
The Clerk:
PUBLIC SERVICES
14. Motion to amend Section 1-3-44 of the Augusta Georgia Code relating to the Launching
and Operation of Drones and Model Aircraft and for other purposes. (Approved by the
Commission March 1, 2016 – second reading.
The Clerk: Mr. Marion Williams pulled that.
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Mr. Mayor Pro Tem: Go ahead, Commissioner.
Mr. M. Williams: Thank you, Mr. Mayor Pro Tem. I had this pulled because there had
been some concerns as to what we was really doing with this one the way we’ve got it written.
There’s concern I think with a lot of our services as far as Georgia Power and cell tower people
but I want to I guess get some clarity as to what this will do or what could we do versus to what
we had last year I guess around this time for the Augusta National. Can anyone address this or tell
me and I know the Mayor had some comments. He’s not here now, he had some comments about.
Mr. Mayor Pro Tem: Talking about the drones situation.
Mr. Mayor: Thank you, Mayor Pro Tem. Item 14 we’ve got representatives here from
Georgia Power as well as AT&T who have expressed a great deal of interest in this. We also have
a representative Scott Gaye from the Sheriff’s Office as well with regards to this and I know that
they’ve touched a couple of you. I’m going to ask both to stand and Tim if they want to approach
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the podium I’m going to recognize the Commissioner from the 9 he pulled it, we had had some
conversation earlier about it as well.
Mr. M. Williams: Yeah I explained, Mr. Mayor, that I had this pulled because of the
concerns with the AT&T and Georgia Power and other entities that may use it. Now I don’t think
we considered that when we put this in place but (unintelligible).
Mr. Shepherd: Mr. Mayor and Commission thank you, Stan Shepherd, Regional Director
for AT&T. I just appreciate the opportunity for us to come before you. Some of you may be
scratching you head wondering why utilities, telecommunication companies are worried about
drones but this is becoming more and more a tool of our industry that we’re using when we’re
surveying our facilities whether that is cell towers whether that is our transmission facilities. I’ll
let Tim speak for Georgia Power but this is actually becoming more and more of a safety tool for
us so that we not necessarily have to inspect the facilities other ways. It is very much a tool that
we are exploring right now and that we are starting to use in limited use but we certainly see a
great need for this is the future and we just appreciate the opportunity to share that with you and
for that to be taken into consideration of the rewrite of the ordinance and any opportunity that we
have to continue the conversation with the Sheriff’s office as well.
Mr. Mayor: Okay fantastic, Tim, would you like to add anything to that?
Mr. McGill: Thank you, Mayor. Just to echo those words Georgia Power does use drones
in surveying lines particularly transmission lines. I think one thing in the future is you know what
the potential for this technology to be just for example outages, large scale outages like the ice
storm we had two years ago. And in the future there may be an opportunity to use this type of
technology to help speed up recovery and restoration so we just want to be able to keep our options
open and we appreciate any consideration.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 6.
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Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor, I’d like to ask Mr. Shepherd and Mr.
McGill ask them a quick question.
Mr. Mayor: Absolutely.
Mr. Hasan: Number one just what concerns you in terms of the ordinance that’s before us
today and at the same time what would you recommend that we do that would not inhibit you from
continuing to do business?
Mr. Shepherd: Some of the concerns are just anytime that there’s restrictions as to where
we might can fly. There are some restrictions not necessarily just on the number of you know for
populated space it also includes what it can hold not necessarily the number of people there. And
there are often times we have facilities over some of the venues that from time to time it would
actually be safer to fly a light weight drone than to have to erect a you know a truck or a bucket
truck or something to do the same. There are a number of ways to address it one that we have
suggested that we have entertained at the state level as well it’s just an exception for utilities, for
telecommunications companies, gas utilities and electric utilities. And then there are some others
within what the state’s looking at some other positive used for drones for the exception clause.
Mr. Hasan: May I have a follow up?
Mr. Mayor: Absolutely.
Mr. Hasan: And your first part of the answer the response you were saying that sometime
a public space in terms of a crowd say for instance if you’re doing some business that day and that
happened to happen would you notify law enforcement so that they’d be aware that you’re out
there conducting business? So how would they know?
Mr. Shepherd: Well, that would certainly be something that could be set forth in the
ordinance as to exactly how you would like for us to notify and who you would like for us to notify
especially if it’s in certain areas. I don’t know that there’s of course it’s up to you necessarily a
need to do that no matter where we are but maybe in certain circumstances to where we need to
and if there’s a concern if we could notify you know similar to a permit or something like that in
order to be able to operate the drone there you know notify the Sheriff’s Department since that
seems to be you know who is bringing this forth. We could certainly adhere to those.
Mr. Hasan: Thank you very much. Thank you, Mr. Mayor.
Mr. Mayor: Thank you, Commissioner. So there are a couple of things that can be done
here there. So we’ve got an interest as it relates to our electric and natural gas utilities
telecommunications companies that have expressed interest around this. We’ve also been
contacted by representatives of Amazon. Many of you are aware that they are delivering now
using drones; that’s something that we want to make certain that we are giving consideration to as
we move forward. In talking with Attorney Brown earlier this morning while we may have some
language that is a friendly amendment as we will call it. What we may want to do and I shared
this with Scott the representative from the Sheriff’s office is that what we could do is refer this to
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the March 30 meeting and we take an opportunity from here forward to that date to give
consideration to this amendment and make sure it’s consistent to where we want to go and then
we fully adopt it at that time. That is a suggestion with regards to how we could potentially move
forward.
Mr. M. Williams: Do I need to make a motion, Mr. Mayor?
Mr. Mayor: Well, I think they want to have more discussion. Let me go back to the
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Commissioner from the 1 and then I’m going to go to Commissioner Lockett they had their hands
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up. The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Yes, sir. Mr. Mayor, I think the original intent behind this ordinance was
public safety when you look at the acts of terrorism that are going on in this country at this
particular. And I am really concerned about public safety but I’m also concerned about the issue
that the Georgia Power and AT&T brought up so I think that it would be a great idea if and I don’t
know if the Sheriff’s Department took what their issues under consideration when they talked
about an ordinance. I agree I would like to see them get back to the table and come up with
something that’s even the gentleman that represents the sales drone for them to come to the table
and come up with an ordinance that’s going to make everybody happy and take care of public
safety at the same time.
Mr. Mayor: Okay all right, I understand, I appreciate those comments. Here’s what I
would also caution on. The goal is to make sure we get something adopted that is good public
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policy before March 31. Okay so a couple of things will have to happen. We’ll have to upon
adoption waive the second reading and immediately move forward with it. So I want everybody
to be clear about that so that we don’t put ourselves in a situation where we’re up against the clock
with regards to that big week that we’re all interested in. Having said that, having said that I think
that what can happen is again we’ve got a small group that works on this. Based on what I’ve
heard from the Sheriff’s office they have had some general conversation with the interested parties
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and they’re prepared they just want to make sure that it gets done before March 31, that’s what
I’ve heard. All right I’m going to go down to the Public Safety Chair Chairman Lockett.
Mr. Lockett: Thank you, Mr. Mayor. You know I’m not going to say I told you but when
this thing first came before us I said we’re rushing, that we’ve haven’t thought about all the things
that can interfere. I think last week when Mr. Keller came in representing drone groups and so
forth by virtue of him being here and by virtue of Captain Gay being here of the Sheriff’s
Department we may be able to work some things out. And I think we’ll be able to work some
things out with Georgia Power and with AT&T but then how about Amazon and all the other drone
people that we haven’t talked about. It’s going to be a continuous thing. So I don’t know whether
the Sheriff’s Department or anybody else for that matter why couldn’t we pass the ordinance the
way it is but only make it to cover the Masters and then it would give us several months to get all
the other players involved and get a good ordinance worked out. You know I can understand
we’ve got the Masters coming up but the world doesn’t stop because of the Masters.
Mr. M. Williams: Depends on who you’re talking to.
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Mr. Mayor: Okay all right, Commissioner, thank you for your comments so stand, Tim.
So I just received word that the state legislation House Bill 779 just passed this legislative session
so this will ultimately will become state law the friendly amendment that you’ve got. And so given
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that and again whether upon signature of the governor or simply as of June 1 it will become state
law so I think it will address the concerns that you’ve raised but I want to make sure that our
ordinance marries that. I think that’s appropriate would you not agree with that? You may please
approach.
Mr. McGill: The one thing that would just ask that we make sure on that is to whether they
gave themselves retroactive effects. So if you pass something prior to that going into effect it may
not take the state it may not take precedent. There’s some questions that we had about that end as
well.
Mr. Mayor: That’s true. Okay ---
Mr. M. Williams: So Mr. Mayor ---
Mr. Mayor: --- all right hold on hold on just a minute I’m going to try and get everybody.
I know we’ve got a bunch of hands. Madam Clerk, they may be going back to the Commissioner
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from the 5 saying I told you so too, Have mercy. All right this is how we’re going to do it. I’m
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going to go down all the way to the end the Commissioner from the 3.
Ms. Davis: Thank you, Mr. Mayor. To Commissioner Lockett’s point I just feel like since
the State is still reviewing stuff, if we feel like the FAA’s still reviewing stuff in this ordinance.
Last year we did pass an ordinance that was on the agenda the last commission meeting I believe
and it was the same ordinance we passed last year for the just specifically for the Masters week
because we were running into these same obstacles and we just didn’t want to limit ourselves to
some you know to hurting any kind of utilities or promoters or any other businesses like that. So
I just feel like if we it worked last year that ordinance and it covered the week and it didn’t intrude
on anybody else’s livelihood. I don’t know if we could go back to that ordinance for the next
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March 30 meeting. We’ve got the state legislature you know coming through that gives us more
time again to review that and it gives us more time to make sure that we cover Masters week with
the ordinance that we used last year that seemed to suffice with public safety and gives us more
time to add some amendments and changes to the one that we’re looking at today. That would be
my motion I don’t know, has a motion been made or we’re still in discussion?
Mr. Lockett: I’ll second it, Mr. Mayor.
Mr. Mayor: Well, we don’t have a motion yet.
Mr. Lockett: She said that was a motion.
Mr. Mayor: I’m going to say it like I said it before I hadn’t recognized her for a motion.
There’s still some discussion and I think it’s appropriate for us. I want to recognize the Attorney,
the Parliamentarian so that he can speak to your concerns, Commissioner. All right there were
two, when this was initially brought forward there were two documents. There was the ordinance
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that was passed last year which was a temporary ordinance and then this expanded ordinance was
brought forward. It was the desire of this body to move forward with the expanded ordinance,
okay? And as such that is all we have in front of us as I understand it from a procedural standpoint.
Now what our posture would be should we go back it would actually be introducing that ordinance
as new and we would have to do that again at the March 30th meeting, waive the second reading
and adopt it at that time. And the Chair would like the Parliamentarian to speak on that.
Mr. MacKenzie: That is correct.
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Mr. Mayor: All right okay, and given that to the Commissioner from the 3 it would be
for a period of eight days if we did that and we would have to adopt it at that time. All right, I
think that’s inconsistent with what the long term goal is from Public Safety and Law Enforcement.
I think that’s inconsistent. The Chair would like to recognize Mr. Gay if you’ll approach.
Mr. Gay: Yes, sir.
Mr. Mayor: Is it not true that the long term goal is to adopt a complete ordinance like what
we have before us right now?
Mr. Gay: Yes, sir. You have a more a long lasting effect not just for the one week. And
if I could, could I speak to the Georgia Power and the AT&T representatives?
Mr. Mayor: You may.
Mr. Gay: I don’t know if they read the first part of the ordinance that says what they do is
governed by the FAA it’s not governed by this license at all or ordinance at all. That’s governed
by the FAA. Everything that they do is governed by the FAA and this ordinance does not protrude
into what they’re doing. And I commend them for looking down the road because I think it is
safer to put a drone up versus putting people in especially such as the ice storm and things like
that. But it is our wish that we have a long lasting ordinance not just for one week out of the year.
Mr. Mayor: Okay.
Mr. Gay: And Mr. Sellers is here as well and I think he can concur with my assessment
that this ordinance does not affect what they do. I think that’s some of their concerns.
Mr. Mayor: All right so all right so here’s what we’re going to do, this is how we’re going
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to approach this. I’ve got a number of hands I’ve recognized the Commissioner from the 5, from
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the 3 I’ve got the Commissioner from the 1. Okay he’s done. All right and I’ve got the
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Commissioner from the 9. All right that’s all right so, sir, if you’ll approach and if you will state
your name and your address.
Mr. Sellers: Justin Sellers, 303 Fox Chase Circle, North Augusta, SC
Mr. Mayor: Okay.
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Mr. Sellers: I represent six different UAV companies that do this full time. It’s how we
make a living. I would like to point out one thing the ordinance that we are proposing now will
not hinder commercial operations in any way shape form or fashion. However, the ordinance that
is in place now that has passed for this year’s Masters will shut down commercial operations in
Augusta for that entire period of time, no commercial operations. I can’t operate, I can’t feed my
family for a week. They will not be able to operate. I’m highly in favor of the motion that we are
deliberating on now passing. There are a few pieces of language that we may not be in full
agreement of but for the greater good and the timeframe that we’re on I like the motion the way
it’s written. It won’t affect any of our companies in any way.
Mr. Mayor: I think that’s why they’re here they are concerned and as I read it in Article 6
Section 1-3-44 there are some concerns. All right the Chair recognizes Mr. Shepherd.
Mr. Shepherd: Just real quick I am not the lawyer in the room but I can tell you that the
AT&T and the Georgia Power attorneys do still have some concerns about the way that it’s drafted
so I can’t speak. You know there’s no need to debate back and forth on that but that’s you know
again why we would just like to have the time to come together to discuss it in further detail.
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Mr. Mayor: Okay all right, the Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. Stan, I’m not the lawyer in the room either but
I’m going to disagree with this lawyer we’ve got here now who just made a statement that what
we’ve got in front of us is what we have to carry through. Ms. Davis made a motion she thought
about making a motion anyway she suggested a motion that would take us back to what we had
last year and for one week of the Masters in order for us to put this pile together so it’ll be right.
We can do that we’ve got enough votes here to do that. We got enough first, second and third
motion to do it if that’s the will of this body we don’t have to go back to committee or send it back.
Now Ms. Bonner, you might need to help me out because my attorney has got me confused but I
guess what I’d like to know now is how did this motion get in here anyway because this is really
cranking me up because we had something and I want to support the Sheriff’s Department. And I
suggested we follow that but we had something that was really simple we had no problem last year
nobody came in and said their family wasn’t going to eat, nobody said they weren’t going to fly
no kites, nobody said nothing. But now this thing’s gotten out of hand as if we, we’re not trying
to put anybody out. All we’re trying to do is protect economic development we’ve had in this city
that I support 100% and that’s the Augusta National around that area. I’m thinking a certain
mileage as far as the Augusta National is concerned that’s all I was worried about. I was worried
about them flying it anywhere in Carolina, nowhere else, no inspection I didn’t want none of that
now we done got into a whole situation. So how did it get to the table in the first place?
Mr. Mayor: Well, so I’m going to do a couple of things and hopefully try to bring this
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back to where we ultimately want to be. The timeline that we have is March 30That is the date
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that we need to make sure we take action by March 30. And what’s before us is some real
concerns that have been raised by the private sector who’s currently utilizing drones in this space.
There’s also companion legislation that’s been moving through the legislature that based on what
I was just communicating has now passed and will move forward. The ordinance that’s in front
of us came through committee as it must do and it’s been read and we have this document. What
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the Commissioner from the 3 is suggesting would require introducing another ordinance that is
not what’s before you. We’ve already taken action and as such it will require introducing a new
ordinance which is what the Attorney just spoke to. All right now the Chair’s going to recognize
the attorney, Attorney Brown, to further speak to that.
Mr. Brown: Thank you, Mr. Mayor. Commissioner Williams, in response to your
comment regarding Commissioner Davis’ suggestion to go back to the ordinance that we had last
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year the ordinance last year was only effective from April 2 2015 to April 13 2015 unless the
Commission had extended it. Therefore, that ordinance is no longer in effect. In order you can
bring forth back that ordinance, however you, must have presentment of an ordinance. You cannot
speak an ordinance into existence. Today there’s no presentment of an ordinance therefore today
you cannot pass the ordinance. It can be passed at one hearing whichever date you set to hear the
matter if you waive second reading.
Mr. M. Williams: And if I can respond, Mr. Mayor. Thank you, Mr. Brown, I appreciate
that and you’re exactly right I agree with you this time. Ms. Davis suggested that we could make
that motion. I didn’t mean to pass it today but we could put that motion on effect for March the
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30 and then pass it. And then we give time to come together to put all of these pieces together
we need to put together so we won’t be rushed in saying well we left this out or we left that out.
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And that’s why I was saying we got to go to the March 30 and that’s at least I was thinking I was
suggesting.
Mr. Mayor: Okay, all right.
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The Clerk: In the Public Safety Committee on February 23 the committee passed the
ordinance revising the date to the current Masters week. That ordinance was presented to the
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Commission on March 1 on the agenda. Then was a subsequent ordinance circulated that we
have now and the Commission amended that and approved this one. So that ordinance does exist
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that was on this 23 that Ms. Davis was referring to.
Mr. Brown: What I’m referring to in terms of its existence is not presented on the agenda
today.
The Clerk: On the agenda right but it does exist. It was presented to the Public Safety
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Committee on February 23 is what she was referencing that is was approved and recommended
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and revised on the 1.
Mr. M. Williams: Did you say I told you so?
Mr. Mayor: So, all right, everybody suspend. That’s not quite, Madam Clerk thank you
for that clarification. All right so here’s our posture we have an ordinance we have a proposed
ordinance that’s in front of us that is not what was approved last year. The ordinance that was
approved last year again had a date of expiration on it. All right so let’s throw that off. That’s not
what was what was recommended from committee was one thing, Madam Clerk ---
The Clerk: Right.
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Mr. Mayor: --- which was then changed i.e. amended and what’s in front of us now is what
was adopted by this body.
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The Clerk: Right the February 23 proposed ordinance had the week of the current Masters
---
Mr. Mayor: That’s correct.
The Clerk: --- included on it and that was what was on the agenda and then the subsequent
ordinance what we have now ---
Mr. Mayor: Absolutely.
The Clerk: --- circulated and passed, you’re right.
Mr. Mayor: All right, the only way we’re going to get there is this that we have that
proposal drafted and presented and then it would have to be adopted with a motion to waive the
second reading. That’s the only way we’re going to get there.
Mr. Speaker: That’s no problem, Mr. Mayor.
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Mr. Mayor: Okay March the 30. Attorney Brown, is that not true?
Mr. Brown: That is one way to get there. It’s not the only way but that is one way to get
there.
Mr. Mayor: Okay all right.
Mr. Brown: Would you like to hear the other way?
Mr. Mayor: Sure.
Mr. Brown: What you could do you could suspend this item allow the Law Department to
prepare the ordinance that you want to adopt for one week, present it today and you will only have
to have and you could have waive that second reading and you could complete it today. But if
you’re not going to have an opportunity to have presentment today then the only way as you say
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would be the 30 which probably would keep the meeting moving.
Mr. Mayor: Yeah, couldn’t agree with you more. All right, so all right, what we’re going
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to do is we’re going to we’re going to refer this item to the March 30 meeting at which point we
will make the necessary changes and then we’ll adopt that at that time. Okay? All right, the Chair
recognizes Attorney Brown.
Mr. Brown: Just for clarification are you tasking the Law Department to present a Drone
Ordinance that would apply just during the week of the Masters?
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Mr. Mayor: Is that general consensus?
Mr. Speaker: So moved.
Mr. Lockett: Uh wait a minute hold on.
Mr. Hasan: He didn’t make a motion.
Mr. Mayor: All right, okay all right, so I think that with the appropriate sit down and
conversation we could to where they ultimately want to be and where they want to be as well. In
this same short period of time that we not change it that’s why I would suggest we refer the
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currently proposed ordinance to the March 30 date and then we’ll establish okay so all right so
what I’ll do Attorney Brown is I’ll appoint a subcommittee to do that, work with you in concert to
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get that done. The Chair appoints the Commissioner from the 5 the Chair of Public Safety,
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Commissioner from the 3 and the Commissioner from the 6 to work on that with the private
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sector and the law enforcement agency in order to get that done and come back on March the 30
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with that proposal. All right and we’ll also put this back on the agenda for the March 30 meeting.
Okay? All right is that, that’s where we are, okay? All right, Madam Clerk, all right,
Commissioner Lockett, if you’ll chair that and, Madam Administrator, would you like for one of
your deputies to be a part of that conversation?
Ms. Jackson: Yes, we’ll make a decision who will represent our office on that.
Mr. Mayor: All right fantastic. All right, okay, all right the Chair would like to have
unanimous consent to move forward in this matter without objection. All right, Madam Clerk,
we’re ready to move on to the next item.
The Clerk:
ENGINEERING SERVICES
27. Motion to approve the Storm Water Credit Manual with all education credits having a
life cycle of twenty-four months and provisional credit without documentation of existing
storm water facilities until December 31, 2017 subject to the approval of AMEC, Foster,
Wheeler and the Engineering Department. (Approved by Engineering Services Committee
March 8, 2016)
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Mr. Mayor: The Chair recognizes the Commissioner from the 6 to speak to this matter.
Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor, last week when I made the motion that
you see before us I didn’t intend for and that was my fault I made the statement the approval of
AMEC, Foster, Wheeler and the Engineering Department. It was something we thought would be
best to give the citizens more time from an educational perspective moving from one year to a
two-year term and that was the intent of that. I wasn’t necessarily asking for approval of the
consultants and so that was why I pulled this because I wasn’t asking for approval of the
consultants around this issue.
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Mr. Mayor: Okay any further conversation Commissioner?
Mr. Hasan: No, sir, other than the fact if we want to restate the motion that I actually
intended.
Mr. Mayor: Okay, all right I’ll recognize you for that.
Mr. Hasan: Okay, motion to approve the Storm Water Credit Manual with all
education credits having a life cycle of twenty-four months and provisional credit without
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documentation of existing storm water facilities until December 31 that should be 2017.
Mr. Fennoy: Second.
Mr. Mayor: We’ve got a motion and a second. Voting.
Mr. Guilfoyle, Mr. M. Williams voting No.
Mr. Lockett out.
Motion Passes 7-2.
Mr. Mayor: Madam Clerk, before we go to the next item I want to go back to the item
requested for addition to the agenda we didn’t take action on that. Commissioner, can I keep you
for just a moment try to keep everybody here. All right, we’ve got a request to add item add an
item to the agenda we need unanimous consent. The Chair recognizes Madam Clerk.
The Clerk:
ADDENDUM
37. Consider a request from Karen Gordon on behalf of Artists Row to waive the usage and
clean up fee relative to their Partee on the Green event scheduled for April 6, 2016 from 5:00
to 9:00 p.m.
Mr. Mayor: All right, we need unanimous consent. Okay, hold on a minute. All right
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without objection. Okay the Chair recognizes the Commissioner from the 1.
Mr. Fennoy: I think I would like to know from Ms. Gordon what it is she would like to do
so my colleagues would know what it is she would like to do.
Mr. Mayor: All right the Chair recognizes Ms. Gordon.
Ms. Gordon: Thank you. Thank you for allowing me to be here today. My name of course
is Karen Gordon. I run Garden City Jazz and my organization is a part of Artists Row. And myself
along with some of my colleagues are doing the Partee on the Green on Wednesday of Masters
Week at the Augusta Common. So we’re requesting the waiving of the rental and clean up fee for
that venue as it’s a community event. We are going, it’s not an official fund raiser but we have
made a commitment to the James Brown Academy of Music pupils. They are going to perform.
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We have several other community organizations who are a part of it as well and so this is a gift as
you can say as we say to the community during Masters Week. We believe it’s important to have
that downtown activated for the entire week and so we wanted to do this event.
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Mr. Mayor: All right the Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Chairman. Ms. Gordon, is this, would this be the first year?
Ms. Gordon: This is not the first year. We actually did this event in 2014 when the Mayor’s
Masters Reception was cancelled back then. So we were rained out. We had to move to parking
deck of the Board of Education. We had a wonderful time there, a small group as it were but this
isn’t our first time doing it.
Mr. Lockett: Well, I want to make sure you have good weather this time. Can you tell me
about how many people you’re anticipating having?
Ms. Gordon: As this, we’re expecting a couple of thousand people.
Mr. Lockett: Okay.
Ms. Gordon: We are we’re inviting the entire public we want to bring as many people
downtown as possible to support the downtown businesses, to support the resident Augusta
organizations. We have earmarked a block of tickets for the students at the Boys and Girls Club
of Augusta and we’re reaching out to local non-profits and churches as well.
Mr. Lockett: Thank you very much. Thank you, Mr. Chairman.
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. Ms. Gordon, I’m support 100% and we talked
about doing something that week but is this going to be a paid event?
Ms. Gordon: It is, it is the ticket price we set at $2.00 for $2.00 general admission, kids
three and under get in for free. We intentionally set the price low because we expected our
expenses to be low so whereas it is a paid event it is I hesitate to say only $2.00 but it’s only $2.00
dollars.
Mr. M. Williams: Well and I mean and my problem with that is this is a paid event and
we have done for non-paying events we have waived those fees because they wasn’t charging
anything. You may be expecting 2,000 but it may be hopefully end up with 20,000 if it works that
way. So that would be my concern because it’s a paid event where people are being paid. If it
wasn’t a paid event, I could support the waiving of the fee and the cleanup but doing that it’s a
paid event I think our hands are tied because we have done this before for not paid events I believe
but for people who just opened up the Commons and did something like that that would be free to
the public such as what they’re doing on First Friday at the Amphitheater. We waive the fees over
there because there’s a group that’s coming in who’s not charging anything. They’re just going to
34
have some music there and it’s going to be free to the general public. They’re going to do some
advertising and all that stuff but they’re not going to sell anything. Everything will be totally free.
And we as an elected body did waive those fees but that would be my concern.
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Mr. Mayor: All right the Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Motion to approve.
Mr. Lockett: Second.
Mr. Mayor: I’ve got a motion and a second to approve.
Mr. Hasan: Mr. Mayor, I’d like to make a comment around this before we vote if you don’t
mind.
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Mr. Mayor: I don’t mind. The Chair recognizes the Commissioner from the 6.
Mr. Hasan: Mr. Mayor, I would like to ask Mr. Parker to you know if possible to expedite
a process of putting this around, what’s some criteria that we use going forward in a very
expeditious manner so we can get a handle on you know even if we’re going to move it from totally
waiving the fees seeing how we would supplement it as opposed to continuing to do it because
we’ll never get back on track at the rate that we’re going. I support Ms. Gordon totally with what
she’s doing today but I think we need some direction around that in a very expeditious manner.
Mr. Mayor: Yeah, I couldn’t agree with you more. My caution with that lucid statement
is that you put a timeline to it. So often what we do is we say we won’t be able to work on
something but we don’t give them a date as to when they should come back to us knowing that
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we’ve got March 30 approaching. And we’ve had this conversation before ---
Mr. Hasan: All right.
Mr. Mayor: --- it’s not the first time we’ve gotten here. What I would suggest is that if we
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do that you say come back by April the 30 or something like that if not it just kind of hangs out
there.
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Mr. Hasan: April 30 a lot can happen between April the 30.
Mr. Mayor: I couldn’t agree with you more.
Mr. Hasan: That’s a long time.
Mr. Mayor: It is a very long time.
Mr. Hasan: I’m going to ask Mr. Parker how soon could he put something together and
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bring it to the committee if he can. Bring to the Commission on the 30 that’s the next time we
come back right?
35
Mr. Parker: Here’s the delay, the item that’s bothering us right now. What we want to do
in this process is we want to establish a Recreation Committee. I don’t think you’ve had that here
in the past. One of their tasks would be to work with staff to review these types situations so that
this would be a committee that’s appointed by this body. They would look at situations like this;
they would also look at other things that affect Parks and Recreation. In order to do that we’ve
got to bring bylaws to you, we’ve got to bring justification to form a committee to you. That could
slow us down if we want to put that body in place. If you just want to adopt an ordinance and then
put the body in place and sort of you know we could do that easily in the next couple or three
weeks easily.
Mr. Hasan: I’d like to ask the Administrator what she recommends around there.
Ms. Jackson: Mr. Parker and I discussed this matter on yesterday. At that point you can
tell he doesn’t have quite all of his full recommendation in order for me. Generally speaking, I
don’t think it would be a bad idea to have somebody review this for you all in advance. If you
could just give us about a week or two to discuss the idea and get it have for him to flush the idea
out to me and I can come back with a firm recommendation to you.
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Mr. Hasan: Would that mean on the 30 we’ll hear something about where we’re headed?
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Ms. Jackson: Yeah, we’ll have something for you on the 30.
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Mr. Hasan: March 30.
Ms. Jackson: Yes.
Mr. Mayor: All right now let me, Madam Administrator, can you qualify that for us in
terms of having something to this body, what does that mean?
Ms. Jackson: We’ll have a firm recommendation for you about how you go about doing,
a firm recommendation regarding a process for review and recommendations on waivers of fees
at our various facilities.
Mr. Hasan: Well this by committee or not because if Mr. Parker was talking about setting
up a committee what he wants to do about a committee however you want to do it but you’ll have
a firm recommendation.
Ms. Jackson: Yes.
Mr. Mayor: All right so okay what I just heard was a process is that ---
Ms. Jackson: Yes, we’ll have a recommended process for you for the review and
recommendation on waivers of fees at our various facilities.
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Mr. Mayor: Madam Administrator, can you retract that because I don’t think we’re, I, what
I’m concerned about is maybe what we ought to have is a fee policy that includes waivers and all
of that just a fee policy because that’s, I’ve only been here one year three months and nine days --
-
Mr. Lockett: Who’s counting?
Mr. Mayor: --- and we keep going, and again I’m not being coy I just think it’s extremely
important for us. We keep talking about stuff and we say well we’ll get to it. We don’t need to
get to it, we need to do it and so if we’re going to come back with a policy then that policy needs
to be fluid. I don’t think there needs to be an ordinance. We tend to codify too much stuff, there
just needs to be a policy.
Mr. M. Williams: Madam Clerk, would that Mr. Parker’s going to bring me will that affect
Ms. Gordon? I need to be clear.
Mr. Mayor: No, it’s a separate issue.
Mr. M. Williams: Okay I just wanted (unintelligible)
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Mr. Mayor: Madam Administrator, March 30 for a policy.
Ms. Jackson: Yeah and if I can ask, sir, how do you draw the distinction between a policy
and a process of fee waivers? What’s the difference?
Mr. Mayor: Well, I’m not trying to draw that distinction. I just don’t want it to be an
ordinance that’s one to codify it ---
Ms. Jackson: Okay.
Mr. Mayor: --- they we need to come back and forth just a policy.
Ms. Jackson: Okay but it is a policy. No, I don’t think anybody was suggesting it become
an ordinance it becomes law necessarily but we would like to have a, we could have a policy
statement which addresses the issue of when and how we waive the fees.
Mr. Mayor: Yeah, I’m fully in support of what you’re wanting to do. I just, we tend to
codify everything.
Mr. Lockett: Call for the question.
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Mr. Mayor: All right I’m going to recognize the Commissioner from the 3.
Ms. Davis: I’ll be very brief that’s what I was going to say. I’m sure that other counties
have policies on their fee structure based on exemptions. If you have a certain amount of people
that are coming in as sponsorships or attendance or fees that are being charged. I hope we can stay
37
away from trying to get a committee to have to look at this just because we have so many
committees that do have to appoint people to and actually that does take a long time. So I agree
with the Mayor just to try to figure out a policy for exemptions off of these fee structures if
possible. And I’m sure we don’t have to reinvent the wheel. Thanks, Mr. Mayor.
Mr. Mayor: All right, we’ve got a motion and a second to waive the fees for uses and
cleanup fees relative to Partee on the Green event. All right voting.
Mr. M. Williams: Wait a minute, wait a minute, are we voting on the policy or are we
voting on (unintelligible).
Mr. Mayor: Like I said we’re ---
Ms. Davis: Neither.
Mr. Mayor: --- we’ve got a motion and a second to waive the usage and cleanup fees for
Partee on the Green. That’s what we’re doing.
Mr. M. Williams abstains.
Mr. Sias votes No.
Motion Passes 8-1-1.
The Clerk:
PUBLIC SERVICES
29. Motion to approve tasking the Administrator with identifying a funding source for the
project to install solar panels on the roof of the Public Defenders Building. (No
recommendation from Public Services Committee March 8, 2016)
Mr. Mayor: Madam Administrator.
Ms. Jackson: Yes, the funding source if you all approve this item the funding source I
would recommend is our Capital Outlay budget for 2016. We’ve got a contingency there that
could accommodate a $50,000 expenditure. So that would be my recommendation.
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Mr. Mayor: Okay all right, the Chair recognizes the Commissioner from the 1.
Mr. Fennoy: So moved.
Mr. Lockett: Second.
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. Madam Administrator, can someone share with
me the pros and cons. We’ve been talking about solar energy and whatever too. Can somebody
38
help me understand how long how soon how much how many that it would benefit us to do what
we’re doing on that building.
Mr. Rhinehart: This particular item’s really just focused on our current project to renovate
the old library for the Public Defender since we had already put a new roof on this building. It’s
timely as we’ve been discussing different solar opportunities throughout the year that if we’re
going to do what I would call a demonstration project which is to show how rooftop solar can
reduce your electrical demand for that building this would be a good candidate because with a
brand new roof if you put on solar panels that are probably going to last 20-25 years you don’t
have to risk that. You’d be replacing the roof sometime during that and spending money on a very
low margin project to take something off and have to put it back on. So because of the location of
this building downtown Georgia Power’s system is underground there their high-service
underground so it’s not the type of location we’d look at elsewhere where you might build a bigger
solar project to not only reduce your (unintelligible) that building but actually sells some energy
back. It wouldn’t work here because of the downtown location so what this is, is really a judgment
call on do you want to do some demonstration solar projects, show our participation in Green
Energy Environment, go get bids. Our next step would be go get bid through Purchasing for an
actual project. The estimate Facilities has for a project of this size it would likely cost about
$50,000 but until we get bids we don’t know for sure. And then when the Public Defender moves
into this building and we have a better handle on what their electric demand is going to be in this
new space then with a bid in hand we could come back to you and say okay this might break even
over 15 years, 20 years or even 25 years. Right now we just have some budgetary estimates based
on quotes they got from contractors or consultants and how much electricity that building might
use. So that’s where we are right now with this issue.
Mr. M. Williams: Ted, I appreciate that and I understand that but if Mike Blanchard put a
roof on the building today and then five years from now we had to call Mike back to take the roof
and do some work and we’ve got those solar panels there how much cost or how much trouble and
I’m just thinking out loud, you know Mike don’t do roofs we know that but I just I’m trying to
look at and because I want to support and I think it’s a good step for us I’m just asking those
questions now so when I get to them later on say well you should’ve asked that question back then.
So what relationship would that have if you had to do that?
Mr. Wimberly: I’m Lonnie Wimberly, I work for Facilities. If you put the panels on the
roof as Ted said a new roof you would be good but if that roof has to come off, you have to
disassemble the whole system and take it off in order to deal with the roof.
Mr. M. Williams: Okay and that helps me a lot because you know we built that 411
Building down there, it’s a sore eye standing down there. Commissioner Frantom’s looking at us
and we paid a company to come in and build it and put a roof on it and everything else. And it’s
raining in there and it’s covered up and I’m not saying that’s going to happen with this one but I
do look at my past practices to see how things work or didn’t work and if we put a roof on hopefully
we’ll get a professional roofer who will do that kind of stuff. But then if something happens like
what happened down at 401 the building didn’t last 20 years so the roof sure didn’t last 20 years.
So I’m looking for a way to help you and I’m looking for a way to say ---
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Mr. Rhinehart: At least I guess in this case because you know that was one of the first
steps in this project last fall is that we’re probably going to be coming up pretty close on when the
first year warranty would be. We can make sure we do some extra double inspections with the
general contractor since that would be coming up soon anyway while we’re getting bids and then
we can come back to you with a firm price on what solar installation would be. They’ve been
working with the Public Defender on the best estimate of electrical demand and then you’d have
to award a bid anyway once we go through the purchasing process we could tell you better at that
time what that’s all looking like.
Mr. M. Williams: And my last question would be if we did that and we had to disconnect
the solar what other method of power will we use or what other are we tied into something else
that goes straight back to Georgia Power then to keep what we got going if we had to do something
like that. I’m just asking the hard question.
Mr. Wimberly: And those are good questions. In the setup of the solar inner connection
to the building you do not lose the connection of Georgia Power so the building will always have
power. Is what you’re going to dedicate the solar to do or provide power to is what you will be
concerned with if you disconnect the solar would it be back still be able to be supported by the
Georgia Power grid and the answer to that could be yes, it depends on how it’s metered.
Mr. M. Williams: Okay and that was my question.
Mr. Mayor: Okay all right so let’s do this all right so what’s before us what’s before us is
a motion to approve tasking the Administrator with identifying the funding source. And we can
let this lay on the table and just do that but I don’t think that’s given what she’s already told us that
she identified a funding source. What I’d like to do is for us to take action and make a motion.
She’s identified the funding source. We know what that is coming from the Capital Outlay and if
there’s support for moving forward with this I think again we’ve got another item that’s on here
item number 35 from Engineering Services for us to talk about. So what I’d like to do is I’d like
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to recognize the Commissioner from the 5 for a motion.
Mr. M. Williams: (inaudible) motion and a second.
Mr. Mayor: I’m sorry.
Mr. M. Williams: We had a motion and a second.
Mr. Mayor: Right but that motion and second is just to task the Administrator with going
and finding what she’s already told us. And then we’ll wait another 30 days to come back and
have another conversation as opposed to us taking action and actually doing something.
Mr. M. Williams: Yeah, but I thought that was what the vote was and the Administrator
found the money and now it’s for us I thought, I don’t know. Somebody help me out; I’m confused.
40
Mr. Mayor: The motion was to approve tasking the Administrator with identifying a
funding source, she’s already done that. Okay all right okay all right I want to recognize the Public
Safety Chair for a motion.
Mr. Lockett: Thank you, Mr. Chairman.
Mr. Mayor: Yes, sir.
Mr. Lockett: I would like to move make a motion to approve the solar panel
installation project on the roof of the Public Defenders Building but not to exceed $50,000 in
costs.
Mr. Hasan: Second.
Mr. Mayor: Okay, I’m sorry, thank you, parliamentarian. Madam Clerk, before you do
that this is a substitute motion. Thank you, sir, this is a substitute motion and we’ve got a second
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on the substitute from the Commissioner from the 6.
The Clerk: Just for clarity Mr. Lockett the Administrator identified the Capital Outlay
budget?
Mr. Lockett: Yes.
The Clerk: Can we just make that a part of your motion?
Mr. Lockett: Okay, my motion is to approve the solar panel installation project on the roof
of the Public Defenders Building not to exceed $50,000 dollars from the public, what is it the
outlay?
Capital Outlay Budget.
Ms. Jackson: The 2016
Mr. Lockett: It’s been a long day, thank you, I appreciate it.
Mr. Mayor: All right we’ve got a motion and a second to the substitute. All those in favor
will vote yea and all those opposed will vote no. Voting.
Mr. Fennoy, Mr. D. Williams, Mr. Lockett, Mr. Hasan, Mr. M. Williams vote Yes.
Ms. Davis, Mr. Sias, Mr. Frantom, Mr. Guilfoyle, Mr. G. Smith vote No.
Motion Fails 5-5.
Mr. Mayor: Okay so, Madam Clerk, as I understand it that’s a tie vote.
The Clerk: Tie vote, sir.
Mr. Mayor: And as such the one time that I get a chance to vote I’m going to do the right
thing.
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The Clerk: Can you tell us what it was, sir? The machine stalled on us; they wasn’t ready
for you.
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Mr. Mayor: I’m going to charge that to the Commissioner from the 4 he doesn’t want me
to vote on this matter. I’m just cutting up; I’m voting yes.
Mayor Davis votes Yes.
Motion carries 6-5.
Mr. Mayor: We live in a progressive city. All right the Chair recognizes the Commissioner
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from the 5.
Mr. Lockett: Thank you, Mr. Mayor, a point of personal privilege. I’ve been on this
Commission a little over six years now and the only promise I made when I was trying to get
support for my election was if you elect me I will work extremely hard for you every day and for
six years two months and some days I’ve done just that. And I’ve been mocked and ridiculed at
times because of bringing stuff before the governing body but even though this is a part time
position but to me it’s been a full time job the same when I was in graduate school. I go out and I
try and learn things and I bring it back that I think can help this government. Now just one thing
solar energy solar energy is growing like gangbusters in rural areas city areas. Atlanta’s got major
projects on solar energy. Athens we went to there to check on their Probation and their Public
Transit. They’re doing it and I believe this I’m from the south way down south, it’s Tybee Island
I believe they’re doing it big time. I mean this is what we need to do and this public library gives
us an opportunity to have this done in a high visibility area. As most of you know or should know
Augusta Richmond County is Age Friendly and we are concerned about the environment and so
forth. And this is the ideal place to do it but I don’t want to see us or you all eight years from now
deciding and wanting to get on the wagon with the solar energy when you had so many
opportunities to do it now. The cost of solar energy is going down. We have over 1,000 solar
installations right now in Georgia. I mean it’s a great thing and we need to I might be the wrong
person to bring it to you but somebody needs to bring it to you and let us get on board and do
something positive with this.
Mr. Mayor: Thank you.
Mr. Lockett: Thank you very much, Mr. Chair.
Mr. Mayor: Thank you, Commissioner, thank you appreciate your passion thank you, sir.
All right, Madam Clerk, item 33.
The Clerk:
ADMINISTRATIVE SERVICES
33. Receive a report from the Administrator regarding Commission action taken on March
1, 2016 tasking the Administrator with determining whether the International Association
42
of Fire Fighters Local 3357 is a certified union and to bring in any bylaws or minutes that
they have. (Requested by Commissioner Bill Lockett)
Mr. Mayor: All right, the Chair recognizes Administrator Jackson.
Ms. Jackson: Yes, I will be turning this over to the Law Department. It’s obvious a legal
task to research the state laws pertinent to this topic. So Ms. Smitherman has completed that
research and is able to give us a report at this time.
Mr. Mayor: The Chair recognizes Attorney Smitherman.
Ms. Smitherman: Thank you, Mr. Mayor, members of the Commission. I believe each of
you have gotten the legal framework for unions in Georgia. There is as I stated there is a
Firefighters Mediation Act which has been passed in the State of Georgia. The Firefighters
Mediation Action only applies to municipalities in the State of Georgia who have passed an
ordinance agreeing to be bound by the Firefighters Mediation Act. And thereafter there must be a
vote by a majority of the firefighters to have a particular bargaining agent represent them and in
recognition by the municipality in that case. As you guys are aware Augusta Georgia is a
consolidated government therefore there would be a question whether that act applies to Augusta
Georgia at all. Secondarily Augusta Georgia has not passed an ordinance indicating that it wishes
to be covered by the Firefighters Mediation Act. So as we stand before you there is no union, the
firefighters of Augusta Georgia are not represented by any recognized bargaining union for
purposes of collective bargaining.
Mr. Mayor: Okay all right are there any questions?
Mr. Fennoy: I’ve got ---
Mr. Mayor: All right so the Chair recognizes I’m going to go here first and I’ll come down.
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The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: So, Ms. Smitherman, when a representative of Firefighters Local 3357
conducts an investigation and forwards the results of their investigation to the Commission and
the news media and other cities what does that mean?
Ms. Smitherman: That individual would not be treated any differently than any other
employee and/or any other citizen depending on which role they were acting in. Depending on
which role they’re acting in would have different legal analysis because different rights are at
issue. But because the National Labor Relations Act which is the federal law that deals with unions
does not apply to local government and because there is no recognition of any union, there is no
collective bargaining rights or any rights to any special treatment as a result of being in or being a
member of that local organization.
Mr. Fennoy: And I guess my question is does that give that individual a right to bash their
supervisor or department head?
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Ms. Smitherman: As I said that depends on whether the person was acting as an employee
or a citizen there are would different analysis over that. There are first amendment rights that
would be implicated by that the Freedom of Speech and the Freedom of Association so that would
be a much more elaborate analysis that would need to be done. But no person has the right to
make false statements or inflammatory statements against their supervisor regardless of the
circumstances.
Mr. Fennoy: Thank you.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Chairman. Ms. Smitherman, I appreciate the work that
you’ve done. So basically what you’re saying is we don’t have an Augusta Firefighters Union nor
association that recognized by this government.
Ms. Smitherman: Not one that is recognized by this government, no, sir.
Mr. Lockett: Okay, Ms. Smitherman, being an attorney will you please define the word
‘slander’.
Ms. Smitherman: I don’t do criminal law, I don’t have that one in the top of my head but
generally slander again you have a difference between slander and libel which I would want see
which ones were in writing and which one’s verbal but basically it’s false statements.
Mr. Mayor: Attorney Smitherman, suspend. I want to encourage us as we are discussing
this matter to keep the topic and the subject germane to the issues that’s before us. And the issue
that’s before us is whether or not the International Association of Firefighters is certified as a union
and to bring any bylaws or minutes that’s what we tasked the Administrator with with regards to
the notion of slander. We are not a jury and I would encourage us to make sure we keep this
conversation germane to the subject matter.
Mr. Lockett: Mr. Chair, if I may?
Mr. Mayor: You may.
Mr. Lockett: I’ll withdraw that term. All I wanted was a definition but thank you very
much.
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Mr. Mayor: I understand. All right the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Mr. Mayor, we’re sitting here talking about the International Association
of Firefighters Local 3357. The gentleman that’s sitting right there I would like to give him a
chance to explain his side and defend his side.
Mr. Mayor: Well, I’m going to get there ---
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Mr. Guilfoyle: Yes, sir.
Mr. Mayor: --- but we’re now the Administrator has referred this to the legal staff to speak
to and I want to make sure that we fully exhaust that then I’m going to recognize Mr. Masters to
speak to this matter. All right, do we have any additional questions for Attorney Smitherman? All
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right the Chair recognizes the Commissioner from the 2.
Mr. D. Williams: I want to make a motion that we receive this as information.
Mr. Fennoy: Second.
Mr. Mayor: All right I’ve got a motion and a second to receive as information. All right,
the Chair recognizes Mr. Masters to speak.
Mr. Masters: Mr. Mayor, Commissioners, thank ya’ll for the opportunity to speak. We’ve
never since day one our inception never implied or asked for bargaining, never asked for a contract.
That’s not the direction that we decided to go in 1995. We were tasked by Commission at that
time to work on behalf of Commission for Consolidation and that’s how our union got started.
Our union is strictly about safety. If you go back and look at our record I’ve addressed safety
issues as present but if you go back to 1995 even when we were tasked to work on consolidation,
we had major issues at that time to do with pay and you can go back and I think in the letter you
received where we had to sue the city and won on pay issues that goes back to 1998. So you know
our issue is not looking for bargaining or looking for a contract; we address safety issues. You see
in this room and who works for this government you set policies that affect their paycheck. For
us you set policy that affects our lives and so I feel like I need to as a union we need to address
those safety issues as they come up whether it be the purchasing of fire trucks or whether it be the
purchasing of hose, whether it be policy that’s dictated by the Commission and the department
head we need to be able to address those safety issues. So you know I want to be really clear in
stating that you know we’re not and never have and won’t ask for you know a governing contract
or a bargaining contract. We understand that the state ran and that’s not and that’s not our goals
and that’s not our projective it’s strictly to stick to safety issues. And you know, Mr. Mayor, you
know we have other the fire truck just happened to kind of blow out blow up into a where it became
the main centerpiece and although it is a main centerpiece and we’re dealing with issues today I
discussed in more stuff today there’s a bigger issue safety issue that we’ll have to address and so
you know we’ll continue to do that we’re not asking for the body to give us ---
Mr. Mayor: All right, Mr. Masters, I’m going to ask you to suspend and the matter that’s
before us today is the matter of whether or not the IAFF is a certified union. We’re not addressing
the issues of safety as it relates to KME trucks. I’ll ask you to keep it germane as well.
Mr. Masters: Absolutely. Well, you’re right, I apologize for going off but you know we
are a certified union. I represent the men and women whether they’re union members or not. You
know we have dues and we’ve got a substantial budget and we’ll continue to do work that protects
our members.
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Mr. Mayor: Fantastic. All right the Chair recognizes the Commissioner from the 1.
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Mr. Fennoy: I’ve –--
Mr. Mayor: Go ahead, sir.
Mr. Fennoy: --- Mr. Masters, one of one of my concerns is when I receive information
from the Association of Firefighters stating that someone had misappropriated $6 million dollars
and this is supposedly something that happened in 2012 and wasn’t brought to my attention until
last month then I too am concerned about the safety of the firefighters.
Mr. Mayor: All right ---
Mr. Fennoy: I’m off track, Mr. Mayor?
Mr. Mayor: --- no, no, no I just want you to suspend. All right I’m going to say the same
thing I said a moment ago. We’re not debating the issue of slander. We’re not debating the issue
of the safety of KME fire trucks. We are not debating the issue of letters being sent to York, SC.
The matter that’s before us is what you all have asked for and that is receive a report from the
Administrator. You’ve done that at this point and I’ve got a motion and a second to receive as
information and I would ask everybody to ---
Mr. Sias: Call for the question.
Mr. Mayor: --- okay, thank you. I understand, I understand, I understand there’s a lot of
passion in the room about this on multiple sides but I want to make sure that we focus on what’s
in front of us. We still have a lot of business ahead of us and as such I’ve got to call for the
question.
Mr. M. Williams: The rules say (unintelligible).
Mr. Mayor: You don’t even have to say it if you want me to ask for a roll call vote I’ll do
that do.
Mr. M. Williams: Yes, sir, a roll call vote.
Mr. Mayor: All right very good so let’s just suspend. I’ve got a motion and a second and
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I’ve got a call for the question. And the Commissioner from the 9 wants to tell me well, Mr.
Mayor, you know the rules say, you don’t have to do that today, you don’t have to do that. What
I’d like for us to do is move on from this matter. We’ve received it as information or at least a
vote a motion to do that. Now I’m going to recognize you as you’ve had your hand up the longest
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he had I wrote it down he had his hand up. State your inquiry the Commissioner from the 9 state
your inquiry.
Mr. M. Williams: Mr. Mayor, I’d like to get this resolved today. You’re right, we had a
lot of conversation the Attorney had gave us a ruling. I’m addressing the issue whether this union
is a recognized union in using that name. The name of the union says to me that they have
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bargaining authority or bargaining power. Whether they ask for a contract whether they ask for
anything else we need to resolve this once and for all and receiving it as information don’t say
nothing but we just know that officially our attorney said to us that they’re not a recognized union.
So how can we use that then because I’m I can call myself a lot of things too. So let’s try to get
this thing resolved and not just keep hashing it around. Like you just stated now we can receive
the information all day long but if that’s the issue then that needs to be put forth to this young man
and to the other members to know what this government is going to deal with it. Now if there’s a
safety issue that will need to be addressed, if there’s an issue with misappropriating money that
needs to be addressed to the proper authorities and handle it like we do anything else in this
government. But to be pulled around back and forth about what the union says or what a group
says I mean the tail don’t wag the dog the dog still wags the tail now. So what I think we need to
get some clarity and get it resolved once and for all and stop acting as if it’s going to go away by
itself.
Mr. Mayor: So I couldn’t agree with you more that right there has been good wisdom.
And I think what you’ve just stated is beyond receiving the report from the Administrator by way
of the Attorney. The question before you and your colleagues is whether or not this organization
is recognized as a union. Now I’m going to ask the attorney to approach because that is not a
simple question.
Mr. M. Williams: Which one?
Mr. Mayor: Whether or not they are a union because this is just a local chapter of an
organization so all right so the Chair recognizes Attorney Brown.
Mr. Brown: Mr. Mayor, Commissioners, the question is are they a recognizing, recognized
union by Augusta Georgia. What they are outside of Augusta Georgia is their own private business
it has no effect on Augusta Georgia. On Augusta Georgia they have not petitioned nor has the
Commission decided under state law that they are recognized as a union therefore they are not a
bargaining agent for firefighters with this government and therefore employees, directors, agents
et cetera have no standing to recognize them as a union. They are only employees. What they do
outside of their workplace is their right of privacy.
Mr. Mayor: Okay all right and I understood that earlier. Now that doesn’t warrant this
body taking action it’s already been determined, is that not true?
Mr. Brown: Yes, I think the motion the purpose of the motion is simply for clarification -
--
Mr. Mayor: Okay.
Mr. Brown: --- since apparently outside of the workplace they function with an
international group or a national group of firefighters but that has no relevancy for Augusta
Georgia at this point.
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Mr. Mayor: Okay, Mr. Brown, I’d like for you to do this for us and if you will state the
motion of what it should be with regards what Commissioner Williams has just asked. The motion
that’s in front of us is to receive as information which is what ---
Mr. D. Williams: (inaudible).
Mr. Mayor: --- he proposed. You can withdraw it. I’m just telling you what’s before us.
What’s before us is a motion and a second to receive as information. I didn’t say it; I’m just
repeating it.
Mr. Sias: Can I call for the question again?
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Mr. Mayor: And you did call for that question but the Commissioner from the 9 has said
that you want to resolve this. I thought it was resolved. All right, I’ve got a motion and a second
we’re going to vote on this.
Mr. Lockett: Mr. Chair?
Mr. Hasan: Point of personal privilege, Mr. Mayor?
Mr. Mayor: Okay, hold on just a moment. All right the Chair recognizes the Commissioner
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from the 6 for an inquiry and then I’m going to go to the Chair of Public Safety for an inquiry.
State your inquiry.
Mr. Hasan: Thank you, Mr. Mayor. My question was that in line with Attorney
Smitherman and Mr. Brown. What do we do in an official capacity for Mr. Masters to put them
on and notice about them do you send them something or do we just whatever decision we do here
that’s one and down. Do they get anything official from us say that they’re not recognized in that
capacity? How do we do it from there?
Mr. Mayor: I think that it’s certainly, the Chair recognizes Attorney Brown.
Mr. Brown: I do not believe that any action needs to be taken I think except for receiving
as information. I think it’s been made clear to the Commissioners the Administrator is present
who is your operational officer of the status there is no union to be recognized by any employee.
Mr. Masters when he comes to his action as a government he’s speaking for himself as would be
interpreted by the government.
Mr. Hasan: Thank you, Mr. Mayor.
Mr. Mayor: All right, all right the Chair is going to go to as I said a moment ago I’m going
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to go the Commissioner from the 5 and then I’m going to come back to that.
Mr. Lockett: Thank you, Mr. Chair. I’m in full agreement with the Commissioner of Super
District 9 receiving this as information is not strong enough. We need something to be presented
directly to the people that claim to be a certified union. We need to have something on record
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showing what was indicated by Ms. Smitherman when she came up indicating that they have no
standing. And if anybody else comes out and another thing too references are being made about a
union, a union we’re a certified union but they aren’t and I think something needs to be prepared
and presented to them. And I think as a governing body need to make that motion and make it a
part of the record today.
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Mr. Mayor: The Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Mr. Mayor, I have no comment on this one issue but, Madam Clerk, on the
next commission meeting would you put on there to see if Augusta Georgia would recognize the
International Association of Firefighters Local 3357 please.
Mr. Mayor: I’ve got a motion Commissioner Williams, D. Williams and a second and it’s
been called a question. Voting. Thank you, Mr. Masters.
Mr. Guilfoyle votes No.
Motion Passes 9-1.
Mr. Mayor: Thirty-one.
The Clerk: Thirty-one?
Mr. Mayor: Yes, ma’am.
The Clerk:
ADMINISTRATIVE SERVICES
31. Discuss establishing the process for the selection of bond attorneys. (Requested by
Commissioner Marion Williams) (No recommendation from Administrative Services
Committee March 8, 2016)
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor.
Mr. Mayor: Yes, sir.
Mr. M. Williams: We’ve got a process to hire all of the representatives that do business
with this city through Procurement and anything else. And I just needed to know clearly what that
selection process was for hiring bond attorneys or not just necessarily a bond attorney but any
attorney I guess for that matter.
Mr. Mayor: So Commissioner Williams you’d like somebody to speak to this matter.
Mr. M. Williams: Yeah, I think somebody would I mean I could talk to speak to them
myself but I thought sure somebody would be here.
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Mr. Mayor: All right well I don’t see anybody from Finance.
Mr. M. Williams: Well, I hope somebody knows how we get bond attorneys because I
mean they just don’t fall out of the air so somebody’s got to be able to tell us how we get what we
always get.
Mr. Mayor: Well ---
Mr. M. Williams: Kayla, you know? Okay, she don’t know either. We’ll put it back on
the agenda then, Mr. Mayor, I mean ---
Mr. Mayor: Okay.
Mr. M. Williams: --- well I see Ms. Smitherman coming maybe she’s got ---
Mr. Mayor: All right, so Tim and Donna. All right, all right the Chair recognizes Finance
Director Williams. All right, Director Williams.
Ms. Williams: Thank you. The process for hiring attorneys for this governing body is
handled through the Law Department and would direct further questions to the attorney if that
pleases the body.
Mr. Mayor: Okay, all right the Chair recognizes Attorney Brown.
Mr. Brown: The process for hiring and firing attorneys is the same for any attorney. All
legal services provided by the government goes through General Counsel.
Mr. M. Williams: I guess the Mayor’s in a sidebar so I’m going to speak to this, Mr.
Brown. I think I understand that statement that you just made but by being a service to this
government and the dollars that we pay out to agencies or to counsels or to whatever who makes
that final selection I guess and why doesn’t it come through this body to be approved like anything
else. And I’m going to date myself, no, I’m not but I’m going to make a statement. I think that
anything that’s over $5,000 dollars being spent out of this government, Ms. Williams, is looking
at him over here is supposed to be bidded out. Now is that with services as well or is that just with
commodities or whatever? Even when we buy paper towels I don’t think we get to select who we
want to get the paper towels I think that’s a process through Procurement. So I’m asking how does
that selection get about or more so what can we do to correct that whether it goes through a
procedure where everybody will have an opportunity to at least bid on it or apply for it?
Mr. Brown: I really would, that’s a policy issue. I’m not sure that you will find it to be
wise to treat professional services like goods and services good and regular services. But that
really would eventually be a Procurement issue and I don’t I don’t want to speak for Procurement
but presently attorney services or professional services and they are not procured in the same way
and probably should not be procured in the same way as goods and services are. And but to the
issue at hand I think you’re concerned about selection of bond attorneys, that’s an extremely
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specialized area. Most attorneys, 99% of attorneys cannot serve as bond attorneys. You have to
be well you would need to be a specially qualified to do bond work. So it’s not something that
would have mass appeal so that would limit how you would want to try to go out and try to procure
those services. However, if you wanted to review or broaden the pool of bond attorneys that
Augusta may consider or use in the future you could do that but I think that would be a proactive
move. And that’s just a matter of you deciding what you want to do.
Mr. M. Williams: If I can respond, Mr. Mayor?
Mr. Mayor: Continue.
Mr. M. Williams: Thank you. Mr. Brown, I understand that and I claim to be a lawyer a
lot of times up here and you know I’m just sitting in but I’ve got enough sense to know that every
lawyer don’t have the same specialties in what they do. But I do know there’s more than one
lawyer that be able to handle bond attorneys and what you just explained to me was really
elementary that all lawyers don’t handle the same thing. I understand that. But with this
government there ought to be a process to give somebody at least the challenge of saying well I
had a chance to look at it versus just someone selecting someone. And when it comes to
government I don’t think we can sit here comfortably and say that’s fine. Now I asked that
question because when I look back over the history I see the same people all the time. We had this
same conversation about entities when it comes to doing bonds. So if the selection is made only
through the attorneys to the chief attorney or the staff attorney is that what I’m hearing? I mean
who made that decision because there ain’t nobody sitting here that made that decision usually
they come from ---
Mr. Brown: My understanding with my discussion with General Counsel and the brief
period of time that we have been here and infrequency of actual having these bonds out part of the
process consider receiving advice, recommendation and history from Augusta’s nominated
financial advisor, the Finance Department that is as well as General Counsel that who’s involved
in coming up with bond counsel. I do believe that the Commission does participate in the bonding
matters through its votes as well. I think and I didn’t mean to attempt to be to speak too simply or
too elementary before I’m just simply saying there’s narrow pool of attorneys but you’re right it
need not be one person repeatedly over and over again.
Mr. M. Williams: I guess to simply this is for me is to bring something back that we can
use as a tool to select because we’ve got a lot of people that do business in and around this city
whether they live across the bridge or on this side but everybody ought to have an opportunity to
share in that. Now I know we’ve got all kinds of ways of doing things whether it’s people procured
through a single source or a lot of different ways things are being done but I’m trying to put a
transparency that my friend Sean Frantom told me to make sure it happens that we’re talking about
transparency and that ain’t transparent to me. So I want to know a process, I want a process
brought back to this body so we can look at and select a process where it’ll be a fair process to
give everybody and opportunity who can do those services not just, a foot doctor going to operate
on the ear. I don’t want that. Can you arrange that through the Administrator, Mr. Mayor, or
through the attorney who?
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Mr. Mayor: Well, I know there’s a lot of interest and concern in this matter. I would ask
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you one not put it on next on the 30 agenda.
Mr. M. Williams: It might have been thirty (inaudible).
Mr. Mayor: Thank you, sir. But I certainly think it’s something that can have further
discussion. I do.
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Mr. M. Williams: It don’t have to be the 30 but I think we need to address it because
every year we get to the same point and we end up with the same people and nobody knows how
they got there.
Mr. Mayor: Okay, I understand. All right so ---
Mr. M. Williams: Do we tell our Administrator who gets this? A lot of people make more
money than I make up here.
Mr. Mayor: Well, all of ya’ll make more than I make so --- why don’t we do this, why
don’t we do this. You know why don’t we again the item before us is a discussion you started a
discussion, why don’t we bring a small group of people together to have a broader discussion about
how we do this issue moving forward and then as elected officials you come back with a
recommendation to the full body. You know we spend a lot of time tasking, tasking. Why don’t
you get a group of people to include the Attorney? This is a slippery slope to be having this
conversation, let me just say that, very slippery slope to be having this conversation in this matter.
What I suggest that we do at this point is again we’ve had the discussion and then know that we’ll
have some additional discussion beyond today, receive this as information and then we move
forward. That’s what I’d like to see us do.
Mr. M. Williams: (inaudible) transparency ---
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Mr. Mayor: I understand. All right the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle
: Thank you, Mr. Mayor. Mr. Mayor, you know we talk about transparency
but we should not be getting into the nuts and bolts of this operation nor should we reinvent the
wheel. That’s what I heard one of my colleagues say last week. You know we’ve got a process in
place to as far as the bond attorneys. Attorney, if you would make sure they’re a member of the
NABL. That’s one of the requirements or one of the where you get that specialized attorney. Now
my colleague wants to go after a certain attorney for being here so long and you know we sit there
and look at the experience that we have in this organization as far as experience but we steadily go
after them and we are going to deteriorate the foundation that this organization stands on. And it’s
ludicrous for us to sit here and talk and figure out ways to destroy this organization. I think like
you said receive this as information because nothing good’s going to come out of it. We’re going
to get somebody in here that’s not qualified to do our bonds which the bonds is a lot of money to
make or to lose. We can’t afford that as a body to do that and I’ve seen this company come in last
year. Everybody wanted to go on board with them but in the end it showed exactly the process we
had in place the people we had in this in place in this organization saved us millions of dollars.
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But we don’t look at that or give them accolades for that. We look at way of trying to figure out
Motion to receive as
how to cut the feet out underneath them and put other people in place.
information, Mr. Mayor.
Mr. M. Williams: Mr. Mayor, if I can respond.
Mr. Mayor: Hold on, hold on, hold on.
Mr. M. Williams: I was attacked and I need to respond, Mr. Mayor. I need to respond,
Mr. Mayor.
Mr. Mayor: Commissioner Williams and members of the body. All right, this is what
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we’re going to do next. The Chair’s going to recognize the Commissioner from the 6 and we’re
going to receive this as information. Commissioner.
Mr. Hasan: Mr. Mayor, thank you, sir. I’d definitely like to see entertained that suggestion
that you made around a committee or something to look at this. We talked about the organization
that was here last year. They presented if my memory serves me correctly a formula or path to go
out and do some bonding and our financial advisor took that path and saved us millions of dollars,
exactly did. They took their strategies and presented to us that they talked about and saved millions
of dollars. I mean they didn’t reinvent nothing, standard practice but I do think that’s the danger
of it even if you have just one attorney to Commissioner Williams’ point as well as Commission
Guilfoyle’s point. We need to have at least a couple of options because what if something happens
something happens to all of us all the time so we do need to look at some other ways and so, Mr.
Mayor, even if we made the decision to take this as information also in taking as information
you’re taking into consideration moving forward a financial advisor and everything else because
that is something that we inquired about over a year ago and the next thing we know we are out
trying to procure a financial advisor unbeknownst to anybody on the Commission. That may be
the process; I’m not making a moniker nor am I challenging that but at least it should’ve been
known to us since we were inquiring about that. And so I hope that would be taken into
consideration if you decide to do that as well as moving forward addressing that issue as well.
Thank you, Mr. Mayor, for the opportunity.
Mr. M. Williams: Mr. Mayor, point of personal privilege. I would like to respond to
something that was said.
Mr. Mayor: All right, so all right we’re going to receive this as information. I think I heard
a motion and I believe there was a second for that?
Ms. Davis: I’ll second it.
Mr. Mayor: Okay, all right, motion and a second to receive as information. All right,
voting.
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stnd
Mr. Mayor: The Commissioner from the 1 is gone, the Commissioner from the 2 is
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gone and the Commissioner from the 9 is suspending. All right now all right, voting. I believe
everybody’s voted at this time.
Mr. Fennoy and Mr. D. Williams out.
Mr. M. Williams not voting.
Motion Passes 7-0.
Mr. Mayor: All right now, Attorney Brown, did, I don’t think it’s necessary but just in
case do you have a copy of the Commission rules in front of you?
Mr. Brown: No, I don’t.
Mr. Mayor: Okay, I don’t have one yet but I may want you to refer to it in just a moment
but in Section 1-2 okay the rules state that the exchange is between the Commissioner and the
Chair that when there’s debate it is between the Commissioner and the Chair. And as such what I
don’t want is for us to go back and forth with a repartee personal in nature between Commission
and Commissioners. I want you to point that one out I want you get it for your benefit and then
it’ll become for our benefit if I ask you to call on that because I’m going to go to the next item just
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in case, okay? All right I’m going to take one on the chin and the Commissioner from the 9 is
going to be upset with me but I want to move on.
Mr. M. Williams: I asked for a point of personal privilege, Mr. Mayor, the rules stated that
as well. While he’s got the rules in his hand he needs to look that one up because that’s one that’s
to me.
Mr. Mayor: Well, we voted on the matter ---
Mr. M. Williams: That’s right.
Mr. Mayor: --- I’m going to move on the next item.
Mr. M. Williams: But I asked for a point of personal privilege before you moved on to the
next item before you took the vote I asked for that.
Mr. Mayor: You did and it’s the Chair’s prerogative to recognize you or not. All right,
the Chair didn’t recognize you for that at that time. Madam Clerk, I want to go to item number
35.
The Clerk:
ENGINEERING SERVICES
35. Discuss the Georgia Power Company’s Advanced Solar Initiative-Prime Distributed
Generation Solar Agreement GPC-22431.
Mr. Mayor: All right, Madam Administrator.
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Ms. Jackson: Yes, Ms. Bonner is circulating some supplemental information related to this
agenda item. As you all know we provided you all with copies of the purchase power, the Power
Purchase Agreement last week. Since that time we’ve done some additional research on this topic
and this additional information is provided to you so that you have benefit of the additional
research we’ve done. This presentation will be tag teamed between myself and the Law
Department so this is a matter of background I’ll provide you with some information and then
we’ll have the Law Department talk further about it and then it will be open for discussion among
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the body as necessary. Back on January 12 you all first received an item related to the Georgia
Power Company’s Advanced Solar Initiative. At that time, we discussed the idea of the city
bidding, owning and operating our own facility versus leasing land to a private developer to
capitalize on this solar opportunity. At that time the Commission voted or the Engineering
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Services Committee voted to receive this as information. Following that on February 2 we came
back and discussed this matter again and the Commission voted at that time to approve Augusta’s
participation in the Georgia Power Distributed Generated Solar Program paying $25,000 dollars
per megawatt fee per site selected and authorizing execution of all documents required under that
program and issuing a request for proposals for a third party developer to design and build and
operate the solar project on land to be leased from Augusta. Following that we provided you with
an agreement that was not brought to your attention at that time. We did not have that Power
Purchase Agreement for you at that point that you voted and as a key matter we thought it was
important that you have that. And as I indicated we’ve done some further review and discussion
that we want to provide to you today regarding that. We also have some timelines identified for
you that the deadlines have moved quite a bit. Just wanted to make sure as of wanted to give you
the deadlines that we’re subject to as of today. We need to have the Purchase Agreement executed
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by this Commission as of March 24 and of course this is the last meeting before we get to that
date. At that point Augusta will need to issue an RFP to identify and select a qualified vendor to
design, build and operate the solar project on land to be leased from Augusta. Georgia Power
would have to request approval from the Public Services Commission for the Power Purchase
Agreement. Augusta would also have to review and execute Interconnect Agreement. We would
have to pay a $25,000 fee per site. Georgia Power would have to execute those agreements both
of those agreements for each one of the sites. Augusta would have to award an RFP, execute a
lease and assign the PPA’s to the lessee’s subject to Georgia Power’s approval. The lessee would
have to pay their own fees and begin construction and the construction would have to be completed
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at the jail site by September 19 of this year and at the Waste Water Treatment Plant site as of
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September 12 of this year. So you can tell from those milestones and timelines this will be a very
accelerated process to try to make this happen within the timeframe that we have and hence we
are here to discuss that with you. The rewards of this if we do move forward with it as we had
discussed earlier we estimate that there would be an approximate $25,000 dollars per year in annual
revenue from the lease of land to the vendor for a duration of 25 years so our what we stand to
gain is $25,000 dollars per site over the 25-year period for each of the 25 years of the period of the
agreement. This would also represent hopefully a successful foray into the alternative energy
world. And next in terms of what’s good about this in terms of the pros that Augusta would become
Georgia Power’s largest municipal partner in solar energy. Unfortunately, though there are a lot
of tradeoffs and risks associated with getting involved in this as we reviewed the Power Purchase
Agreement I would like to have our Law Department come forward to discuss some of those risks
with you in detail so you know what the upsides and downsides of such an agreement would be.
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Ms. Mack: Good afternoon, Mayor and Commissioners, my name is Rachel Mack from
the Law Department. I’m going to present some of the proposed legal risks of this Power Purchase
Agreement. It’s best to do this as a timeline approach so I’ll start at the beginning. The Power
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Purchase Agreements are to be executed by March 24 2016 and then within 10 to 15 days we
should receive an Interconnection Agreement from Georgia Power and when we execute that
document that is when Augusta will be obligated to pay the $25,000 dollars per site. So at that
point it’s non-refundable so at that point that would be your (unintelligible) cost and so that’s
where your risks are limited at this point once you execute this agreement.
Mr. Mayor: All right, what’s that date again?
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Ms. Mack: March 24 2016.
Mr. Mayor: Madam Clerk, all right so given that this body’s not together again until March
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the 30. Okay, I want to make sure that everyone fully understands that whatever action gets taken
should be taken today. And so with that being said as you’re listening listen with the understanding
that we’re going decide on something today, okay? All right, continue.
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Ms. Mack: On February 2 this body approved for this project to go forward with an RFP
to find a developer to do this project and with the goals of assigning this Power Purchase
Agreement to that developer. And according to the terms of the Power Purchase Agreement this
will be allowable and it would shift all of the obligations that Augusta has under this Power
Purchase Agreement to that developer. So the only problem is it’s actually subject to approval by
Georgia Power but since they want this program it’s unlikely they would object to it. This leads
to the next problem with this agreement and that would be if we don’t find a successful bidder in
this RFP process or if Georgia Power does not approve the assignment. In those scenarios there’s
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a date there are two dates that become significant to us that would be September 12 2016 and
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September 19 2016. Those are the required commercial operation dates. By that date a facility
has to be up and running and ready to connect to Georgia Power. If Augusta was able to provide
30 days’ written notice prior to that date it appears that we would only be limited to losing the
$25,000 fee that we pay to enter into this agreement so there shouldn’t be, it does not appear that
there will be other damages such as liquidated damages or any costs associated with that. The
liquidated damages appear to only come about if we decide as Augusta decides do the project itself
which would be around $2 million a site to develop everything so unless you’re going down that
road that chart in 10-B of Liquidated Damages should not come into play.
Mr. Mayor: Okay, I’m going to come to you Commissioner. Ms. Mack, you referred to
10-B a chart in 10-B? Has everyone taken a look at the chart in 10-B? Is that under Tab 35?
Ms. Mack: Yes, sir at the bottom of Page 10 of 18.
Mr. Lockett: Mr. Chair, could you put that on the monitor please?
Mr. Mayor: That’s what we probably want to work on. All right so under Tab 35 under
Tab 35 this document, okay let’s do this. The handout that was just provided to us by Madam
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Clerk on Page 2 of that it says Risks, Law Department will address and attached. Okay? The risks
related to this, are they in this document? Ms. Mack, the risks that are referred to in the handout,
are they all included in this document as you’ve outlined them.
Ms. Mack: (inaudible)
Mr. Mayor: All right, Attorney Brown.
Mr. Brown: Yes, they are.
Mr. Mayor: Okay and can you direct us to the risks?
Mr. Brown: Yes, they are.
Ms. Jackson: Yeah, Attorney Brown, I don’t believe that they are in the attachment and I
think ---
Mr. Mayor: I don’t think so either.
Ms. Jackson: --- (inaudible) two-page attachment.
Mr. Brown: (inaudible) a two-page attachment.
Ms. Jackson: Yeah, yeah I think they only have the two pages ---
Mr. Mayor: Correct.
Ms. Jackson: They do not have the information that Rachel just read from.
Mr. Mayor: Okay, all right I want to make sure I fully see that and I want everybody else
to see that and understand it as well. Under Tab 35 we only have the GPC Georgia Power
Company Solar Agreement and in that agreement are the locations as specified which was
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requested by the Commissioner from the 9 He asked for those maps to be included in here and
they are in here. But the question that is before us right now with regards to risks I don’t see that
anywhere.
Ms. Mack: These risks are gleaned from clauses throughout the document throughout the
Power Purchase Agreement.
Mr. Mayor: Okay.
Ms. Mack: So it’s a what I’m speaking about right now is a summary of all those things.
This chart that I was talking about this would only come into play for Augusta if we decided to do
the project ourselves. I can describe what’s going on in that chart for you.
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Mr. Mayor: Right, I fully understand that but I’m just going by this, Ms. Mack, and on this
document it refers to risks and that they’re attached and I want to make sure that which is that’s
the question.
Ms. Jackson: Yes I ---
Mr. Mayor: (unintelligible) those and I know that’s going to come up.
Ms. Jackson: I believe that was a typo that attach should not have been there. It was not
intended to be attached.
Mr. Mayor: Okay all right, continue.
Ms. Mack: Well, for these liquidated damages if you see that the RCOD date through year
five is $110.00 per kilowatt hour which would be about $110,000 dollars in liquidated damages.
But as I stated previously if we send a 30-day written notice prior to that OCOD date prior to
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September 12 and September 19 these damages will not come into play because the beginning
part of these damages do not enter in.
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Mr. Mayor: The Chair recognizes the Commissioner from the 8.
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Mr. Guilfoyle: Thank you, Mr. Mayor. What exactly is RCOD date? Is it December 1
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or September 12 or September 19?
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Ms. Mack: In writing all we have in writing right now is September 12 and September
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19. September 12 if for the Water Treatment Plant ---
Mr. Guilfoyle: Right.
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Ms. Mack: --- and September 19 if for the jail.
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Mr. Guilfoyle: Okay, so we already moved forward since February 2 to move forward
to doing an RFP process, is this correct, since it was directed by this body?
Ms. Jackson: Our Procurement Department has prepared the documents they have not sent
the RFP out yet but they have begun in anticipation of that they’ve begun approving the documents.
However, based upon our discussion last week after we received the Power Purchase Agreement
we asked the Law Department to review that and we’re here today to present our findings related
to the agreement and to determine if for certain you all want to proceed with this project.
Mr. Guilfoyle: Okay, so we’re six weeks in since this body voted on it. Procurement did
their part but we stalled because of last week, is that correct?
Ms. Jackson: Yes, as we indicated last week we had additional information that we felt
like you all needed to know. You did not have that information at the time that you made your
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decision and we felt like we needed to bring that back to you all so you made a fully informed
decision about how you want to proceed with this matter.
Mr. Guilfoyle: Have we this body not this body but has Augusta Richmond County gave
Georgia Power any money through applications or anything like that?
Ms. Jackson: No, sir, as I read in the timeline it indicates that the that’s several steps down
as you see in bullet #5 we’re closer to bullet #1 on the timeline.
Mr. Guilfoyle: Okay, so we have not proceeded forward with anything as far as monetary.
Ms. Jackson: I’m sorry, there’s one piece of information the $25,000 dollars has not been
paid. I understand there’s a $3,000 application fee.
Mr. Brown: Technically it’s not called an application fee but to submit to complete an
application fee for Georgia Power to do the site evaluation the $3,000 dollars it’s my understanding
the $3,000 dollars paid per site if the site two sites have been approved.
Mr. Guilfoyle: How many has been looked at though?
The Clerk: Attorney Brown, can you speak in the mike?
Mr. Brown: Georgia Power I believe has looked at all four sites and they’ve approved two
and they reportedly are considering a third but they have not ruled on it. But the $25,000 dollars
only gets paid once the application is placed in, the Public Services Commission has to approve it.
Georgia Power then signs then we would submit the $25,000. So the $25,000 has not been paid
in because we don’t have a Power Purchase Agreement but to have the sites considered was $3,000
per site as the information has come to me.
Mr. Guilfoyle: So we moved with the money without it being approved before February
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2 is that correct, Wayne?
Mr. Brown: I do not know when Solid Waste would have paid that amount of money. I
have no indication that they moved forward before approval.
Mr. Guilfoyle: Right and I realize through the procurement process they’ve already got
their RFP wording in there?
Mr. Brown: RFP’s are not prepared by Procurement; the RFP is prepared by the user
department. The user department which is Solid Waste has submitted it to Procurement which is
under review and they have indicated as of this morning that if the body wants to go forward they
believe that they can go forward.
Mr. Guilfoyle: So we’ve got a, it takes how long to do an RFP process for us to?
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Ms. Jackson: They believe the best case scenario we could have the results of the RFP
back by early May.
Mr. Guilfoyle: Two months, correct?
Ms. Jackson: A month and a half.
Mr. Guilfoyle: Okay and it takes where did I see four to five months to do the construction?
Ms. Jackson: It takes five months to do the construction which gets to the crux of the issue
here. If our deadlines remain in September, I don’t think there’s any way we can meet that
deadline. If we are successful in getting and extension to December 1 and I understand from our
consultants that they’re, he’s had verbal conversations indicating that we could possibly get an
extension but we do not have anything in writing related to that at this point so that’s why we’re
still using the September timeframe.
Mr. Guilfoyle: I understand that but there’d be no way we could meet this deadline because
right now six months is September from this point and the way we this past six weeks was a
valuable time for us but that never happened. Thank you.
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Mr. Mayor: All right the Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, sir. I support solar energy but this item that we have before us I find
too many, too many problems with it to be able to support it all. That doesn’t mean we can’t find
or a better opportunity will come later for us to support. And number one when you look at this
type of investment that we are maybe actually asking someone to get into on the estimate that we
had that was an expected revenue gross revenue of about $3,900,000 dollars over a 25-year period
with about a $2,250,000 to do the construction and we have a $25,000-dollar collateral this is per
site. And any construction I didn’t see any consideration for overruns so when you take a 10%
overrun clause you’re talking about a $2.5-million-dollar investment and I don’t care who makes
it whether it’s a private developer or the city. And by the time you get that $2 million, $1.4 million
dollars over 25 years and that’s about $56,000 dollars a year. You can’t maintain a, you can’t
maintain that system and pay somebody off $56,000 dollars a year. And it’s projected we will be
able to produce about 1.5 million kilowatt hours over that 25-year period selling to Georgia Power
at 10.4 cents. That comes back out to $3,900,000 dollars. For me that’s the best case scenario and
when we look at the amount of time this sites unless I’m incorrect these sites does not come with
storage units. It is a produce and sale. So if you do not have any storage units to continue selling
there’s 365 days in a year in Georgia and don’t quote me on this number but there are
approximately for solar energy there’s approximately 228 days of sun that they consider solar
production days. That’s not going to get you 1.5 million kilowatt hours. So either for us or for a
developer I am not comfortable asking the developer to take that same kind of risk that I absolutely
wouldn’t ask this government to take. I don’t see the payback in this. I see somebody operating
in the red and negative. If there’s a better process that this can be done I will be for it but this
particular agenda item, I am not for this. And I appreciate the recommendation from our staff
where they are saying at this time they don’t recommend that we proceed. Thank you, Mr. Mayor.
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Mr. Mayor: All right okay, Madam Clerk, I hate to do it but I’m going to do it, I’m going
to do it. All right stand in recess for five minutes, five minutes stand in recess for five minutes.
(RECESS)
Mr. Lockett: That was the longest five minutes I’ve seen in a long time.
Mr. Mayor: All right so all right, here’s our posture. All right, I’m going to recognize ---
Mr. Speaker: (unintelligible) come back out of recess?
Mr. Mayor: --- we are, yeah, we’re back from recess. All right here’s what I’d like to do,
Attorney Brown, Madam Administrator, okay I’m going to have Mr. Dean Alford to come up to
speak to the agreement, okay? I’m going to have Dean Alford to speak to the agreement and if
you can kind of articulate what it says and also speak with regards to the risk.
Mr. Alford: Thank you, Mr. Mayor. Let me introduce myself. I’m Dean Alford, I’m the
President and CEO of Allied Energy. We’ve been serving as a consultant to your consultant Robert
Brown relative to this issue. The PPA is the document that you have before you. If you sign and
authorize the signature of that document and we have folks from Georgia Power so they could
vouch for me, if you execute that document then there will be a period of time that will go before
you have to enter into the Interconnect Agreement. At that time, you’ll sign $25,000 dollars. The
point I want to make to you though is you will have time between the time you sign this PPA on
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or before March 24 and that $25,000 dollars to determine whether or not you want to move
forward or not. The issue I think you really have before you is whether or not you have enough
time and there are bidders. We have 26 that we’ve already turned over to you that are willing to
bid on this project that will take that financial risk on these kinds of projects and the reason why
they’re being done all over our state. And so what will happen is the request that I think you
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should be making to Georgia Power is to get a delivery date of December 1 2016 and that gives
you enough time to do your normal procurement process and it gives five to six months for
construction. That’s the way so your risk is you’re risking $25,000 dollars. Now the risk the
attorney’s brought to your attention about liquidated damages that will only occur if you build it
you would be taking that but if you have a developer that’s building it for you that risk only occurs
is if they then ask for an extension of that ROCD date prior to that. If they don’t ask for the
extension and they don’t connect that PPA is over, it’s done, but they would be taking that risk in
assigning that PPA. Mr. Mayor, I don’t know if I completely answered your question but that’s
the way you understand the process.
Mr. Mayor: You absolutely answered my question. Okay the Chair recognizes the
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Commissioner from the 4.
Mr. Sias: Thank you, Mr. Mayor and this gentleman and thank you for being here, sir.
Someone from Georgia Power is somewhere. At the Lock and Dam Road when we look at the
location for that particular panel site that is I’m going to take a rough guess that is about 500, five
to 600 feet from the main runway drop down point wheels on the ground of the Augusta Regional
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Airport. Is there not, I have a concern being it legitimate or not do we have a glare factor or
anything that can interfere with the landing or takeoff of our aircraft?
Mr. Mayor: All right I’m going to let him answer or do you want to?
Ms. Jackson: I’ll get started and if you could pick up where I left off.
Mr. Mayor: All right, the Chair recognizes Madam Administrator.
Mr. Alford: First of all ---
Mr. Mayor: Dean suspend, suspend.
Mr. Alford: I’m sorry.
Mr. Mayor: Madam Administrator.
Ms. Jackson: Yes, what we’ve ascertained is that the FAA the Federal Aviation
Administration would have to review a request to place anything near their airspace so we would
have to submit a request to them, they’d go through a review process which we would anticipate
would take approximately 45 days before we would know for sure if they would allow that use.
Mr. Sias: (inaudible).
Mr. Alford: And, Mr. Commissioner, if I may add these solar panels are on tarmacs on
airports across the country and the reason they don’t reflect is because you want them to absorb.
And so it really is not they’re very air friendly, airport friendly if you will.
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Mr. Mayor: All right the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Mr. Mayor, you know with this low investment what we’ll have a long
term return on our money on this project. I think it’s going to be a win situation and I’d like to
move forward. Motion to approve moving forward.
Mr. Frantom: Second.
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Mr. Mayor: All right, hold on. I’ve got a motion from the Commissioner from the 8 and
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a second from the 7 but I want to make sure we’re going to make some we’re going to amend
that motion.
Mr. Guilfoyle: Okay.
Mr. Mayor: Okay, I want to make sure we clarify it. All right the Chair recognizes
Attorney Brown.
Mr. Brown: You just stated what my concern was the wording of the motion.
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Mr. Mayor: That’s why I’m giving you an opportunity to clarify it.
Mr. Brown: I didn’t know if you wanted to continue discussion.
Mr. Mayor: Well, I’m going to have more discussion but I want you to clarify so
everybody’s thinking the same thing.
Mr. Brown: I would think at the most at the most we’ll want, you may want to approve for
today is a motion to approve the execution of Georgia Power Company’s Solar Initiative to the
extent you’re authorizing us to sign the PPA.
Mr. Mayor: All right, you sound like an attorney now. All right, so break it down like an
engineer you’re asking for a motion to approve only the PPA today.
Mr. Brown: I’m saying if you make a motion for any approval approve the next step, the
next step will not require any commitment of money from this governing body. The PPA is the
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March 24 deadline.
Mr. Mayor: That’s correct, that is what you’re saying you want them to if we move forward
you want them to execute the PPA.
Mr. Brown: If you move forward I’d like you to limit your approval to the PPA.
Mr. Mayor: Okay, all right. You say it like an engineer then, Commissioner.
Mr. Hasan: That means you agree.
Mr. Mayor: I do.
Mr. Hasan: Let me make a substitute motion then.
Mr. Mayor: Okay. Okay, so let’s talk about this. I know where you’re going
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Commissioner from the 4. All right the Commissioner from the 4 I know; I know I’m coming
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back but I saw you throw your hand up. The Commissioner from the 4 has raised a very valid
concern and that is with regards to the airport and where location two would be. While it is a valid
concern that the Administrator has indicated will be addressed in conversation with the FAA what
you potentially approve today simply keeps the conversation going. And based on what we hear
back from them it gives you an opportunity to further address that when we get to what will be
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step two in this process okay? All right the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: No, Mr. Mayor, I was just going to see if we could hear the second part of
Mr. Dean’s conversation because the Administrator was picking it up and he was going to follow
up.
Mr. Mayor: I think he answered that.
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Mr. Mayor: I did, I think I answered the question. I think, Mr. Mayor, the only thing I was
asking the Administrator about was the issuing of the RFP because you’re going to want to get
that RFP on the street if at all possible. You can always pull it but the RFP on the street allows
you to get the timing so that would be the only thing I ask you to give consideration to.
Mr. Mayor: Attorney Brown.
Mr. Brown: It is not a practice of this government that the Commission has to pull the
going out of an RFP.
Mr. Mayor: Right, that’ll happen as a result of the action that’s taken today.
Mr. Hasan: Mr. Mayor, I’d like to make a substitute motion that we approve the two
PPA’s.
Mr. Mayor: Okay. All right there are two Purchase Power Agreements that have to be
executed.
Mr. Lockett: Second.
Mr. Mayor: All right, we’ve got a motion and a second. I’ve got a substitute motion and a
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second. All right and that is in order to meet the March 24 timeline approval of the two PPA’s.
All right? Okay all right so, Commissioner, I’ll read this.
Mr. Hasan: Yes, sir.
Mr. Mayor: All right, a substitute motion to approve the execution of the Georgia
Power Company’s Advanced Solar Initiative-Prime Distributed Generation Solar
Agreement GPC-22431 Augusta Georgia Sewer Plant, Lock and Dam Road and GPC-22010
Augusta Georgia J.L. Phinizy Road.
Voting.
Mr. Sias votes No.
Mr. Fennoy, Mr. D. Williams, Ms. Davis out.
Motion Passes 6-1.
ADMINISTRATIVE SERVICES
32. Discuss the process for directing the General Counsel to craft proposed ordinances.
(Requested by Commissioner Marion Williams) (No recommendation from Administrative
Services Committee March 8, 2016)
PUBLIC SAFETY
34. Present the Information Technology 2015 Annual Report.
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Mr. Mayor: Okay, Madam Clerk, I’m going to ask this body for unanimous consent to
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move to the March 30 meeting item 34, item 36 and if the Chair of the Administrative Services,
if the Chair of Administrative Services would be so kind to do the same with item 32 if he doesn’t
mind.
Mr. M. Williams: It don’t make much difference, Mr. Mayor, if I mind.
Mr. Mayor: It does if you don’t want to we’ll talk about but I’d like to ask for us to do
that.
The Clerk: Back to committee or to the ---
Mr. Mayor: To the full Commission meeting.
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The Clerk: --- on the 30?
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Mr. Mayor: On the 30 right, to refer items 34, 36 and 32 to the full Commission meeting
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on March 30.
Mr. Sias: (inaudible). I think 36 should be deleted and reworded.
APPOINTMENTS
36. “It is the consensus of the commissioners in Super District 10 to reappoint Charles Smith
to the Board of Tax Assessors as Chairman.” (Requested by Mayor Pro Tem Grady Smith)
Mr. Mayor: Okay all right I’ll strike 36 and do we have unanimous consent to do that with
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34 and 32. All right the Chair recognizes the Commissioner from the 5 state your inquiry.
Mr. Lockett: Point of personal privilege, Mr. Mayor, if I may.
Mr. Mayor: Before you do that let me let’s get action on these. All right without objection
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all right, Madam Clerk, we refer those two to the full commission meeting on March 30 34 and
32.
The Clerk: Okay.
Mr. Mayor: Okay and Mayor Pro Tem, he and I have had some discussion all right we’re
going to delete. All right, we’re going to delete item 36.
The Clerk: We’re just deleting it. Okay.
Mr. Mayor: All right, thank you. All right, the Chair recognizes the Commissioner from
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the 5.
Mr. Lockett: Thank you, Mr. Mayor. I just want to make this announcement. The
Savannah River Keeper and Augusta Age Friendly, we’re holding as far as Age Friendly our
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second annual citywide clean up on March the 26 from 8:30 until approximately 1:00 p.m. and I
would love to have all of you participate. We’ll be at five different centers Warren Road,
Olmstead, Mays Park, Brigham, Diamond Lakes and I probably missed one somewhere. But
anyway it’s a good thing and since we are an Age Friendly Community this will be one way for
this city to show their support behind this. So I would hope to see all of you on March the 2th. If
you need any additional information, please contact me. Thank you, Mr. Chairman.
Mr. Mayor: Thank you. All right, no further business this meeting is adjourned.
[MEETING ADJOURNED]
Lena Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
March 15, 2016.
______________________________
Clerk of Commission
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