HomeMy WebLinkAboutRegular Commission Meeting May 4, 2016
REGULAR MEETING COMMISSION CHAMBER
MAY 4, 2016
Augusta Richmond County Commission convened at 2:00 p.m., May 4, 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.
Mr. Mayor: Good afternoon, everybody. Welcome to those who are joining us on the
internet as well. We hereby call this meeting to order. The Chair recognizes Madam Clerk.
The Clerk: Yes, sir, at this time we will have our invocation delivered by Reverend Mark
Van Alstine, Pastor of Saint Joseph Catholic Church after which the Pledge of Allegiance. Please
stand.
The invocation was given by Reverend Mark Van Alstine, Pastor Saint Joseph Catholic
Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Reverend Van Alstine, would you please approach. Thank you so much for
your spiritual guidance and your civic leadership that serves as an example for of all of us in
Augusta. Thank you so much for being here with us on today. Thank you so much. (APPLAUSE)
Madam Clerk, let’s do that let’s do all of that first.
The Clerk: Mr. Loeser, thank you, sir.
Mr. Loeser: Good afternoon. My name is Michael Loeser, your Human Resources
Director. Today we are happy to recognize our Years of Service Recipients. For the month of
April there are 24 5 to 20 year recipients and four 25 to 50 year recipients of which two are here
this afternoon. With 25 years of service Anita R. Van Berg, State Court Solicitor and with 35-
years of service Joy L. Meyer, Parks and Recreation. (APPLAUSE)
The Clerk: Tom Wiedmeier from Augusta Utilities. This is presented to our Director of
Augusta Utilities in recognition of drinking water. Whereas our water is our most valuable natural
resource and whereas only tap delivers public health protection, fire protection support for our
economy and the quality of life we enjoy. And whereas many measures of a successful society,
low mortality rates, economic growth and diversity, productivity and public safety are in some
way related to access to safe water. And whereas we are also stewards of the water infrastructure
upon which future generations depend. And whereas each resident of our city is called upon to
help protect our source water from pollution to practice water conservation and to get involved in
local water issues through education awareness and direct participation. Now therefore our Hardie
stth
Davis, Jr. Mayor of the City of Augusta do hereby proclaim May 1 through the 7 2016 as
Drinking Water Week in Augusta Georgia and urge all citizens to recognize the vital role water
plays in our daily lives. In witness thereof I have unto set my hand and cause the Seal of Augusta
1
th
Georgia to be affixed this 4 Day of May 2016. Given under my hand this day of May 2016.
Hardie Davis, Jr., Mayor. (APPLAUSE)
Mr. M. Williams: Mr. Mayor? Mr. Mayor, I’d like to have a personal comment on Tom
th
for just a minute if you will. I’d certainly like for those who had not seen to go by 9 and Broad
and look at the thinking outside of the box I call it that Tom Wiedmeier and his crew have done
with the Water Department there and I am really, really excited about what could happen in
Augusta. If you have not been by to visit that area I’m extremely proud, Tom, thank you very
much for all you do for the water in the City of Augusta. (APPLAUSE)
Mr. Mayor: Before we do that, Madam Clerk, let’s go ahead and address the addendum
items so we can entertain a motion to add them to the agenda. All right, so at this time the Chair
will entertain a motion to add items 1-4 to the agenda.
Mr. Fennoy: So moved.
Mr. Hasan: Second.
Mr. Mayor: All right, a motion and a second. All right, everybody hold for a moment.
th
The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. If these are not emergency items you don’t
have my consent, Mr. Mayor. I think there are rules to go by to bring these issues to the Clerk’s
office to have them put on the agenda like everything else. We get a lot of stuff handed to us at
the last minute. Now if this was an emergency or something that was overlooked I’ve got no
problem doing that but you do not have unanimous consent to add any of these items 1 through 4
to the agenda if it’s not an emergency situation.
Mr. Mayor: Okay, all right, okay, so this is how we’re going to do it. The Chair recognizes
Attorney MacKenzie to speak to what my options are.
Mr. MacKenzie: Sure, ya’ll know we’ve dealt with this issue before I’ll direct our attention
to Code Section 1-2-2. This is also something that’s being considered by the Rules Subcommittee
as you all know is meeting this Friday. That section states and sub part, it’s 1-2-3 (a) and it says
that no business shall be transacted at the regular meeting or the regular called meeting of the
Commission that’s not on the agenda by 9:00 a.m. on the Thursday before such meeting provided
however business items may be added to the agenda after the deadline with the unanimous consent
of the members of the Commission present at such meeting. And then you have in your rule book
some rules that also address this that we’re dealing with at the subcommittee because it probably
needs to reconciled as you all are already aware.
Mr. Mayor: Okay, all right, so here’s my, now we’ve debated this issue a number of times
before and last year it was the practice that the Chair could add items to the agenda. Is that an
option today?
2
Mr. MacKenzie: According to the rules that you have in place the only way to be, to do
something consistent with those would be for the Commission to waive the rules that you have in
place which I would not recommend you do. I think the way to deal with this would be if there
needs to be a change to the rules that that be dealt with through the normal process and we make
adjustments as needed.
Mr. Mayor: All right, so here’s what we’re going to do we’re going to come back to this
okay? We’ll come back to this. Let’s move forward with the delegations and we will come back
to this.
The Clerk:
DELEGATION(S)
A. Mr. Edward F. Herman regarding complaint of Augusta Parks and Recreation employee
being paid for time not worked.
Mr. Mayor: All right, Mr. Herman, thank you I want you to state for the record your name
and your address and you’ll have a period of five minutes to speak.
Mr. Herman: Thank you. Good afternoon Mayor, Commissioners, Madam Clerk, my name
is Edward F. Herman I reside at 1141 McCoy Road Augusta, GA 30906 here as a taxpayer. First
I’d like to express my gratitude to Augusta’s Legal Department and Ms. Jody M. Smitherman in
particular for outstanding and service and response with my public records request. I filed a
th
complaint on January 19 2016 with the Department of Human Resources. I trust the Mayor and
Commissioners all have a copy of the complaint file and all supporting documentation. Except for
the unedited copy of the video surveillance held by last known held by Mr. H. Glenn Parker it now
may be held by Janice Jackson, our Administrator. It includes (unintelligible) profanity and curses,
we got everything. The complaint specifically is the Parks and Recreation Department employee
Tommy England knowing made false and fraudulent entries in his time sheet allowing him to get
paid for time not worked. What we have here is an employee who is totally out of control like a
BB in a mason jar. For the record Augusta paid for the water and electric at the Pendleton King
Park residence. Tommy pays absolutely nothing for him and his girlfriend to live there. I’m here
to tell you that Tommy England is not a lousy liar oh, no, he’s a damned good pathologic liar.
He’s so good ---
Mr. Mayor: Excuse me, Mr. Herman, everybody just suspend, suspend. Okay ---
Mr. Herman: Sorry.
Mr. Mayor: --- let’s talk about how this works. All right, as a non-commissioner and a
citizen of this community, Mr. Herman, you have an opportunity to come and present before this
body and you can raise complaints and express those. What you are not allowed to do pursuant to
our rules is make impertinent and derogatory, offensive, slanderous remarks while addressing the
commission council. Your comments are within that right now. I would ask you of you proceed
that your comments not be offensive, slanderous or derogatory with regards to anyone whether it
be a member of this body or an employee of this government. Thank you, continue.
3
Mr. Herman: Is untruth going to be considered? Slander is when you make a statement
that’s not true is that correct, sir?
Mr. Mayor: Well, you’re not debating me and you’ve ---
Mr. Herman: I’m just saying that’s my understanding of slander.
Mr. Mayor: --- you’ve got three minutes.
Mr. Herman: All right.
Mr. Mayor: Thank you.
Mr. Herman: The file includes the original cover letter, the complaint, copies of the
Georgia Law that was violated, copies the case law and the penalties for the violation, the video,
warning sign, the video warning sign on the residence, affidavit one and two, a copy of Director
th
Parker’s letter forbidding me to volunteer. Since February 17 this golf course has not been
maintained and we have incurred two to three thousand dollars’ worth of damage. You have
Affidavit 3 Affidavit 4 a copy of a meeting notice, copies of the Policy and Procedure Manual
section pertaining to timesheet records and penalties Section 500.036 Non-exempt Employees. I
presume whoever revised the written timesheet to an electronic timecard admits there was false
entries being made by Tommy England otherwise why the change. The electronic card does not
have time in and time out for meal breaks. The electronic timecard system was done only for
Tommy, none of the other employees at Pendleton King. They still use the old system. Because
of the late arrival of the new timecards I asked that you receive those today and I believe you have.
You have a copy of a request and response for Payroll Records; these payroll records accurately
reflect Tommy was paid for time not worked as the video evidence proves without any doubt. You
have a copy of a request and response for authorized breaks and job description; Tommy gets no
15 minute breaks. Regarding the job description, I was looking to see if the job required the ability
to work on an electronic time recording device. It does not. I have a copy of a request and response
for written reports. As you can see there are no written reports required. You have copies of the
timesheets for January. The timesheet clearly demonstrates the act that Tommy falsified the
document by recording a one-hour meal break when the video surveillance actually proves
between one and a half to two hour breaks except for one day he did take a one-hour break.
Affidavit number five if you look at Affidavit 5 with the copied photos he was definitely out of
control that day like that BB in a mason jar I referred to. You have a copy of the cover letter to
Director Parker with all the documentation and evidence. On page one in the last sentence I’m
trying to get to the point across that it appears everyone involved with the investigation sees
Tommy as the Emperor with new clothes and I’m saying no clothes. On Page 2 second paragraph
refers to the Policy and Procedure Manual 300.011. Tommy is an at-will employee. The employee
relationship can be terminated with or without cause the same way Mr. Reggie Holmes was fired
for allegedly stealing gas. Tommy’s girlfriend saw Reggie pouring gas into his own car and based
on that alone Reggie was fired. Tommy threatened Reggie with jail time if he refused to sign a
confession.
4
Mr. Mayor: Mr. Herman, your time has expired.
Mr. Herman: Thank you, sir I’d like to have the documents that I submitted placed in your
permanent record.
Mr. Mayor: Thank you. Duly noted.
Mr. Herman: If there’s anyone with questions I’ll be happy to answer, sir. None? Thank
you, sir.
Mr. Mayor: Thank you.
The Clerk:
DELEGATIONS)
B. Ms. Benita Leverett regarding the need for continued maintenance of vacant lots.
(Requested by Commissioner Bill Fennoy)
Mr. Mayor: Okay, we’re working on a technical matter if you’ll just bear with us for a
moment. Okay all right, Ms. Leverett, if you will state for the record your name and your address.
th
Ms. Leverett: Benita Leverett, 1310 12 Street, Augusta, GA 30901.
Mr. Mayor: Thank you.
Ms. Leverett: Excuse me, the pictures that you’re looking at right now those are on
Florence Street address which my mother his lived there my entire life and they’re having issues
over there also with the vacant houses been vacant for 30 years or so. That’s on Forrest Street on
the corner of Forrest and Anderson Avenue. The house has been like that ever since I was in high
school because the people moved out and nobody else came to even fix the house or the property.
This property right here is right next door to my house. For twenty plus years I’ve always had to
call Augusta Care for them to come and someone to cut the property or just try to maintain the
property. They give me the same line every year we have to get in contact with the person that
owns the property. That’s understandable; I don’t want to hear that every time I call. When I call
you I’m asking for your help to get this property straightened out. I have spent my own money
having someone to come in and dig a trench between that property and mine because all the
overgrown stuff comes over to my property. That’s (inaudible). Okay now this is a tree right next
to my fence. This is at the front of my house. The tree that’s sitting right there has vines growing
from it so the vines grow over to my fence. I had issues with calling Augusta Care and the electrical
company to find out if I can get the vines cut off the wires that are leading to my house to no avail.
I didn’t get any help with that either. Okay, this is the property behind my property. The property
that’s on the side of my house loops around to the back of my house. All of this has to be kept up.
Every year like I said I call the same thing over and over; they come and cut it once a year. A tree
fell when we had the ice storm over into the property right next to mine. They came in and cut the
grass around the tree which I thought was ridiculous. I was hoping that would you know cut the
tree up put it out there for someone to get but that didn’t happen. One more, this is the house
5
directly behind my house. I’ve even talked to the people that own the house to ask them what
they’re going to do to the property. I got no response. This is the property right next to my house
where there’s a tree that fell from the property next to my house onto my fence. I had to get
somebody to take the tree and push it off the fence. The fence is still bent but I don’t know who I
need to get in contract with to fix my fence. This is a snake that was on my fence; it came from
the property next door to me. I can’t take my grandchildren out there because it’s too dangerous.
I’m constantly spending my money to try to put stuff in between the perimeter of that, those two
properties that loop around my house to try to keep the grass down. I don’t know what’s going to
happen to change these situations; these are just a few that you see right now. You go up and down
around the city and you see a lot of vacant properties that really need to be fixed. This is ridiculous.
I should not have to live like this nor my grandchildren.
Mr. Mayor: All right, Ms. Leverett, I agree. Thank you for coming to present. Now based
on what I just heard this has been brought to through Augusta Cares on a number of occasions
th.
what I just heard. I see the hand up from the Commissioner from the 5 I’m going to come to you
st
in just a second but the Commissioner from the 1 has brought this issue, I want to give him an
opportunity to response. I see Melanie Wilson back there from License and Inspections
perspective Code Enforcement. You may want to go ahead and come on up and approach just for
a minute but clearly we need to address this issue and not twenty years from now. All right the
st
Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Mr. Mayor, Ms. Leverett gave me a call a couple of weeks ago and I had an
opportunity to ride by her house and ride around the properties around the house. And
unfortunately it’s a bad situation; she showed me the pictures of snakes. She has done a great job
of maintaining her property and she said for the past twenty years this is an ongoing issue.
Unfortunately, what’s happening to Ms. Leverett is not unique. I get about ten, fifteen, twenty
calls every day from residents of Augusta that have called they’ve called 911 and I know that 911
there’s just so much that they can do. I’m not trying to point the finger at anybody but what I’m
saying is that something needs to be done. I rode through Marion Homes prior to coming here and
50% or more of the properties in Marion Homes is going through the same issues that Ms. Leverett
is going through. And I think that this commission should do something to protect the citizens that
have maintained their property but because other folks have not maintained theirs, their children
can’t go outside and play and their grandchildren can’t go outside and play and it’s bringing down
the property value of their property.
Mr. Mayor: All right, thank you, I couldn’t agree with you more. All right so we currently
have a demolition program that’s in place and part of this effort is land clearing of adjacent
th
properties. All right I’m going to recognize the Commissioner from the 5 first and then I’ll close
with you.
Mr. Lockett: Thank you, Mr. Chairman. Between Commissioner Fennoy and I we’ve had
something similar to this on the agenda at least twenty times and with the same end results. I had
something on the agenda several months ago; it didn’t get anywhere where you have repeat callers.
You have people that call all the time complaining about basically the same properties that’s not
in compliance and as a Commissioner I have to call 311. And I must say 311 is doing an
outstanding job. They can tell you but they don’t actually do the work; they assign the work to the
6
appropriate authorities. But my problem is we will talk about this, we will sympathize with the
people that come before this body but then we don’t do anything about it. We know we know that
one thing that we need is more money. We know that and we also know that six votes can do
anything except change the Charter. We’ve got six Commissioners here that’s got the same
problems in their districts. It is bad on us if we don’t go on and vote and make sure that money is
allocated so we can clean this city up. I mean it is a mess. I don’t have any problem at all with
what we’re doing downtown for James Brown on the Riverwalk or whatever but I do have a
problem when other parts of the city and county is being neglected. And that’s what you’ve got
to say it is definitely being neglected. I mean it’s just blight all over the place. Now how are we
going to grow at the rate we should grow at? How are we going to get people that’s coming into
this city to move into our city? You know sometimes you’ve got to spend money to make money.
We’re pretty tight when it comes to the pennies unless of course it’s something we want but I think
it is high time for at least six Commissioners to say we’ve had enough, we’re going to task the
Administrator with getting the money and get something done about it. Thank you, Mr. Chair.
Mr. Mayor: Well, I think, I think that’s already been done. I think that when you look at
the fact that you just interviewed a central services position. That person’s going to be engaged in
helping to corral part of the work around you know properties, gateway beautification, keeping the
city and streets clean but Code Enforcement obviously is important. All right so I’ve got a couple
of hands. Ms. Wilson, I’m going to give you an opportunity to speak and then I’m going to come
thth
back to the dais. And I’ve recognized the Commissioner from the 9 then the 6.
Ms. Wilson: Okay, I just basically was going to say that since I’ve been here we’ve been
more aggressive with regards to trying to come up with creative alternatives to deal with the
demolition and other issues within the city. A lot of you may recall that when I started we had
$35,000 to do demolition which was not very much money. Through our partnership working
with Environmental Services we’ve gotten more money but even that truly is not enough to address
all the issues that we see within the city and the county. The other thing is that as we move through
the process and we’ve got a demolition list as well as other lists that I’ve had my staff set up for
each one of your districts should you be interested in getting them we still have to go through a
public officer process and a lot of people don’t realize that but that’s a long process. We’ve got a
number of units in the pipeline right now. Some properties when we get them to court again the
judge might give them another 30 days, they might give them 60 days, they might give them
another 120 days or more but we are doing the best that we can with the resources that we have
continue to strive to be as creative as we can to try to create partnerships with not only the other
departments but even with people in the community that are interested in helping with cleaning up
the City of Augusta.
th
Mr. Mayor: Thank you. All right, the Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. Item 16 addresses this issue which is already
on this agenda. And Commissioner Lockett like you stated has had this on before. We’ve got
enough in-house equipment our own selves. Now everybody’s hollering about money and we say
we ain’t got the money and we can’t get the votes to do it but we’ve got enough equipment
ourselves to keep these properties safer than what we’ve been allowing. But we turn our heads to
a certain part of this community; we don’t go down certain streets. Now we could’ve put them
7
goats in Ms. Leverett’s yard and twenty years they’ve been cleaned up by now but we’re not doing
the things that we ought to be doing here. No one should have to live in an environment like that.
Now that’s just one of many in this community and what we ought to do we ought to do a little
house swapping. We ought to move and stay in Ms. Leverett’s area for a week or two and let her
live in our homes a week or two and see how long we’ll stay there. I take issue with the fact that
we have not partnered with the reservists who’ve got equipment and who was able to come in here
and do some cleanup stuff for us. I’ve got a problem when we’ve got in-house equipment that we
don’t have people at least to take a bulldozer or a tractor to go through there and get that stuff off
the fence. We keep waiting on somebody else to do something we’re supposed to do. So I don’t
know where the answer is, Mr. Mayor, but I don’t want us to sit here and say that you know oh,
we didn’t see this or we don’t know this. We have been seeing it and I’m glad Ms. Leverett came
forth along with other people. This is a big area, a big problem in the City of Augusta so it ain’t
nothing new now. This ain’t no brand new trick, it’s the same old trick we’ve been letting people
suffer and deal with for a long time. So my question would be how much in-house equipment do
we have that we could put in somebody’s yard or how many people that own their property that
we can get in here and make sure that they do something with it or take it from them. I’ve made
this statement. I don’t care how old or how young you are if you own that property it’s your
responsibility to take care of it. Now people say well that’s my grandmother. I’m sorry if she can’t
keep it up then we need to do something about it. It needs to either be brought back into the land
bank or somewhere where we can do something, Mr. Mayor. This has been here for a long time
and I really apologize, I hate for this lady to have to deal with that kind of stuff. But certain people
don’t allow it; some people can’t do anything and then people want you to be quiet.
Mr. Mayor: Commissioner, I don’t think anybody’s suggesting that you be quiet.
Mr. M. Williams: Oh yeah, not me, I ain’t going to be quiet but people want you to sit up
here and let stuff go and act like it don’t exist and people just deal with that every day.
Mr. Mayor: Okay, I understand. So we’ve got an agenda item and what my caution is that
we’ll get to item 16 and then we’ll re-debate this. I don’t think that’s appropriate for us to do that,
we certainly can in fact do that but we’ve got an immediate matter that’s before us right now and
that immediate matter is you’ve got property and adjacent properties that need to be addressed.
They are a danger to the welfare and the well being of the citizens of our city and as such we can
th
do something about it today. So at the appropriate time I think the Commissioner from the 6 is
going to say something and then I’m going to ask you know let’s task somebody to go get it cleaned
th
up today. The Chair recognizes the Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor. Ms. Leverett, I’d like to commend you for your photos
and you know you said it goes all the way back to 2015 so I can imagine you had those challenges
way before then. I just so I happens I have a folder here from yesterday in my district, District VI
have pictures printed out as well so it is a citywide problem that we have not just in your district.
But the good thing about it is that Ms. Wilson eluded to when she first came on board we only had
about $35,000 dollars each year to budget to try to deal with homes that need to be, dilapidated
homes, I’m sorry. And um but that problem was rectified a little last year when a program was
created between Planning and Zoning and Environmental Services there to the tune about
$900,000 dollars that was started. The hiccup came for this government at the point that we just
8
recently went through a couple of situations in terms of family disputes. And so that kind of
hindered the program in terms of some potential litigation and in terms of what Procurement and
those kinds of things that came before this body here so it kind of put it back and it just revamped
that program. But not only with the $900,000 dollars out of that and I know some of that was
salaries so it kind of decreased that but it actually was $900,000 dollars but thereafter $400,000
dollars each year. So if we look at it that way with the program kind of had to be revamped we
may very well have anywhere from $500,000 to $600,000 dollars from last year with the $400,000
from this year we may be right at $900,000 dollars pure money this year to try to get some of those
things done. But that’s what held the program; it just was revamped. Now can we expedite this
process absolutely because I do think Environmental Services already was dealing with vacant
lots. A lot of times they can’t deal with what they’re not aware of but I’m sure everybody’s fully
aware of them. So my point is this at this point based on that program if I’m not mistaken, Ms.
Wilson, money’s not the obstacle at this point, is that correct?
Ms. Wilson: No, we’ve got a list of properties that we’ve already taken through the process
on the Code Enforcement side of my department and we’re just basically waiting for bids to come
in so that we can move forward to continue the demolition because as you indicated the program
did get revamped. I see that the Environmental Services Director just walked in and can probably
elaborate a little bit more on that but we are moving forward we’ve got a list so.
Mr. Mayor: All right, the Chair recognizes the Environmental Services Director Mark
Johnson.
Mr. Johnson: I want to break it into two components. First let’s talk about the vacant lots
and then we’ll talk about dilapidated structures. The problem is bigger than any entity or any
individual; it’s a property issue and it’s the property owner issue that becomes the burden. We
need to look at how do we hold the property owners accountable and when they don’t how do we?
So year to date just vacant lots we’ve sent notices to 958 vacant lot owners. 111 of those we did
not actually cut a deal with because the property owner with that notice cleaned it up themselves.
So you’re looking 10%, 12% of the property owners are correcting their own actions. Of that 455
are on the new notice form which is what the Commission approved where we’re now providing
them the annual notice where we only have to send them a notification one time per year.
Unfortunately, we will have to do that every year so as she indicated she’ll call 311, a complaint
will be issued. We’ll send an inspector if we don’t already have it in cue and then we’ll send
somebody out and then we send a notice and then we can work to maintain it on a more accelerated
timeline. We’ve got two inmate crews and three contract crews working continuously on this
project and the project is bigger than we are; it doesn’t go away. Ride through any of your
commission districts and the grass grows faster than those five crews can cut it especially when
you add the incremental rain that we just got. So let’s not kid ourselves. For us to mow that much
acreage it is a resource issue and we’ve looked at creative and innovative ways where we spray
light doses of herbicide so that it grows slower; we don’t kill it but we slow it. We’ve done a
variety of innovative things to try to minimize. We use specific herbicides that will kill Johnson
grass only so we keep the good vegetation but kill the stuff that grows an inch a decade. So now
the resources with the demolition, yes that is improving, yes there’s more money there but the list
that Planning and Development has we could be out of money I mean if we genuinely work through
9
that list six months and we’re out of money. The demand exceeds the amount of money that’s
available to fix the problem.
Mr. Mayor: All right, so a couple of things.
Mr. Hasan: Mr. Mayor ---
Mr. Mayor: --- yes, you did ---
Mr. Hasan: I’m sorry, Mr. Mayor, I’m sorry, Mr. Mayor. Mr. Johnson, when you say out
of money you’re saying for this year.
Mr. Johnson: Correct. We have to pace ourselves because that $700,000 dollars that will
be available this year we’re going to end up spreading that over the remainder of the year but we
could accelerate the program, get them all down but then we’re out of money very quickly.
Mr. Hasan: No, I just wanted to make sure when you say out of money it makes it seem
like we didn’t it. I know there’s an annual reallocation of money I wanted to make sure that was
---
Mr. Johnson: Sure.
Mr. Hasan: --- (unintelligible) okay.
Mr. Johnson: And the only point that I have is the need is great, the lists are long and it
will be a long process to get it all cleaned up.
Mr. Hasan: One final question, Mr. Mayor? Mr. Johnson, in the best case scenario if you
found a way to accelerate the program where it’s doing the vacant lots or doing the demolition
program just for a moment let’s say you live in a perfect world and you can get that done, could
you think about for a moment what would you, how would you deal with the property owners from
there. I know you wouldn’t get to all of them because you don’t have the resources as you already
alluded to but what would you like to see in terms of a policy put it this way management
prospective. Do you think the policy that we have in place would be sufficient or do you think
that we need to something different if we take and accelerate the process as of right now?
Mr. Johnson: Actually I think that’s probably a better question for Mr. Rhinehart or for
Melanie but I think we have to start at the end zone which is Economic Redevelopment. It’s
redevelopment getting new people into the city building on that land and finding a use for that land
will then diminish the need to tear down dilapidated structures, cut grass and maintain. So we’re
in a maintenance mode and demo mode but as those structures come down we still have to cut and
maintain the grass that never gets cut. We actually need to put viable structures on the property,
we need to get our tax base back so we can afford to continue to move forward and tear down the
other dilapidated structures. So I think the answer lies in the economic redevelopment.
10
Ms. Wilson: Well and that’s why when we look at where the locations are of the properties
that are on the list that have gone through the legal process because that actually takes time. I
don’t know if you all realize but just finding all of the owners to get to the point where you can
actually demolish the property takes a lot of time and I don’t know what we can do. We’ve done
everything that I can think of to expedite it from having the you know title searches and things of
that nature but when we can’t find the one property owner who is part owner of a property that has
us having to go in the mode of really being an investigator. If we can continue to encourage people
to make sure that at a minimum they have some type of will or something in place so that if
something happens to them something can be done with the property that would help. The other
think that we’re doing is we’re looking strategically at making sure that when we do send the list
and we talk with Mark’s department that we’re looking at grouping some of the demolitions so
that you have enough land to do the redevelopment. If you take four houses down it’s probably
not enough room to do but two houses but it’s still four houses that you have to pay for to get
demolished. Well you know we are looking at kind of creative ways to figure out how to get the
property back on the books but you’ve got to have enough money to take down enough houses to
even create enough land mass for someone building a new house that meets today’s development
and building standards. So it’s a very complex issue; it’s not, it seems simple on the outside but it
really is a little bit more complicated. And you know would it be easier if we had a crew that could
do demolition and cut the grass and stuff? Probably so but that’s not what we’ve got right now
and I don’t know if we still have the inventory or not. I’m sure as Mr. Williams has indicated that
we probably do but I do know that it’s a very complicated process but I think that we’re working
as quickly as we can with the resources that we’ve got and we just have got to continue to promote
and encourage people that live in your districts and in the neighborhoods to cut the grass or to
make sure that if they’ve got a property that’s vacant that they’re boarding the property up. We’ve
got mothballing process they need to come in and apply to do that. So we’re doing those types of
things but it’s very complicated.
Mr. Mayor: You know, a lot of good discussion. I know that we’ve got Item 16 on the
agenda and there’s still some discussion that members of the body want to have. This is not a
singular solution in that the government does not have this in its own. And so to that end this right
here certainly is a long standing issue that from an economic growth and development standpoint
probably merits a workshop to sit down and really process out. That’s what I would suggest we
do as opposed to you know trying to artificially solve it. I think the immediate need that Ms.
Leverett has can be addressed. Ms. Jackson, if we just have staff address that and get that done.
But this is probably prudent for us to have a workshop and deal with just this issue in terms of
where we go on how we address vacant abandoned dilapidated properties and clearing. The Chair
recognizes Administrator Jackson.
Ms. Jackson: Yes, I just want to add to that I think that’s an excellent suggestion, Mayor
Davis. Many communities throughout this country have trouble with this issue. This is one of the
most universal and difficult to solve problems that local governments face particularly in
communities like Augusta that unfortunately do not see the growth and redevelopment that we’d
like to have. You have a problem with vacant lots and the best way to solve vacant lot problems
is redevelopment. I mean that’s the only way you get rid of them you know that you no longer
have vacant abandoned type properties. So I’ll get together with staff and we’ll put together an
outline for a workshop and get back to you with a date when we can get that on the calendar.
11
Mr. Mayor: I think that would be excellent. All right okay I’m going to recognize the
th
Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. Hopefully Ms. Leverett will get something
done but we’ve got so much on the books. We’ve got a Boarded Up Property Ordinance that
supposed to be for one year but we’ve got houses been boarded for 10, 12 15 years and we’re not
doing what we need but we need to do as far as aggressive in the City of Atlanta and other cities
if you’ve got an absentee landlord ordinance I guess we’ll call it where you have to have somebody
in your city present to answer to those for those homes. Right now we’ve got people living in
Macon that own homes in Augusta that we don’t know nothing about. So we need to get aggressive
and do what we need to do. As far as the government the law is in place we created an ordinance
that said that if you hadn’t done anything with your property in 355 days then we’re going to seize
that property. We have not done any changes; we’re doing the same thing. My last point is Mr.
Johnson talked about if you tear the houses down you have to cut the lots. Well it’s a lot easier to
cut the lot than if you have to tend to an abandoned home. We need to at least get the homes down
and maybe somebody will want to buy the lot. We can’t wait until we get everything in a perfect
world to say everything’s in place then we do it. We’ve got people living with this every day so I
just think that we need to get aggressive and do what the law we already got it on the books about
abandoned property. We’ve got burned down structures on Item 16 we talked about and
abandoned property. We don’t need no demolition; it just needs pushing over and loaded on
somebody’s truck. It ain’t nothing to tearing it down it’s already down but we leave it there and
people have to live with that. That’s right we leave it there around our homes and it shouldn’t be
that way. Now if we have to have asbestos removal and all this but these structures have been
burnt down, I mean just a frame of a frame and then we leave it and walk away and say well, we’ve
got to do something, Mr. Mayor. This ain’t no easy job but it’s a job.
Mr. Mayor: It’s not an easy job and it’s one that I think we’re all committed to. I think
the workshop is a very appropriate way to move forward. You’ve got a series of things that are
on the books the enforcement application on those comes into question and so that’s a way to say
we’re going to move beyond just talking about it. Ms. Leverett, she can get her issues resolved. I
think, Madam Administrator, if we can task someone to get that done that would be very helpful
and move beyond that. All right I’m going to recognize the Mayor Pro Tem he wanted to speak
just for a moment about this and that’ll be the last discussion.
Mr. Smith: I’d just like to say that you know it’s history but I was in the Army Reserves
for six years we used to sit up there a lot of times and beg for something to do. And sometimes
maybe in this workshop maybe we can bring it out but you know you’ve got a lot of those guys up
there on Wrightsboro Road at the Army Reserve Center, you’ve got the guys over on Milledge
Road the Engineering Battalion the state group but it seems like we could meet with them and see
what they can do. They may have crews out on certain weekends that they can cut grass or do
whatever they’re capable of doing. But are two areas that I know back down the line we used to
go do some things and we’re glad to do it because you just get tired of sitting in the gate sitting in
a big old hot truck. And putting people to work doing certain things they feel good about it
probably a lot of them and if they don’t want to do it tell the Captain. But I think we need to talk
about this and get more people involved and maybe dissect this area of Richmond County certain
12
areas and zero in on them and get the ones that need it the most first and then work our way to
other areas. But you’ve got to have a game plan and you’ve got to get people involved. You’re
right you know we can’t get anybody from Columbia County to come out here and cut our grass.
It just doesn’t work.
th
Mr. Mayor: The Chair recognizes the Commissioner from the 4 Commissioner Sias.
Mr. Sias: Thank you, sir. Mr. Mayor, I just want to address this to our City Attorney. Mr.
MacKenzie, if we’re going to have a workshop on this for that part of the future and even now do
we need a specific ordinance as Commissioner Marion Williams has mentioned where as we have
and we bring him in at the main into play for these issues where the same thing we do for other
issues where we have right of way things and that we can’t locate these folks we go ahead and use
him as the main to get those lots. And if we haven’t located those folks and those lots have been
sitting there as the Commissioner mentioned over a year or so where does imminent domain play
in this?
Mr. MacKenzie: That’s certainly something that could be considered along with a lot of
different options. Obviously Georgia is a strong property state that’s one of the reasons it’s so
challenging to deal with this issue. It’s a multi-faceted issue, a multi-faceted problem but there
are some things that could be done from a legal perspective to make the process work better. We’d
be happy to consider some of the other ordinances from Atlanta and other places that allow for or
require some kind of registration process. We’re happy to look into that as part of the multi-faceted
solution. A lot of these, it’s in the litigation process going through the Code Enforcement process
which is we send a notice, we try to find the owners, they get citations then we get a lien on the
property then you have to try to find all the owners. You could use imminent domain as long as
you meet the public purpose requirement but in many instances there’s risk associated with that
too because a lot of these properties also have contamination on them. You get into a liability risk
associated with acquiring property that you don’t know the history of. But that is something I
think we should look at as part of the approach that we’re looking at here which is looking at big
problems from every different angle coming up with creative solutions to solve it. I think there
are some legal solutions that we can look at to try to be creative to solve it as well.
Mr. Sias: Thank you.
Mr. Mayor: All right, thank you. Okay, Madam Clerk, I believe we’ve got one more?
The Clerk:
DELEGATIONS
C. Mr. Moses Todd with I Love Augusta regarding stormwater expenditures.
Mr. Mayor: Mr. Todd ---
Mr. Todd: Yes.
Mr. Mayor: --- once again state for the record your name and address.
13
Mr. Todd: Moses Todd, 2115 Nolan Connector, Augusta, Georgia. And, Mr. Mayor and
members of the Commission, I’ll be as brief as I can. And I didn’t get any help from any
illustrations so we’ll just hold it up. And we want to talk about the expenditures of stormwater.
And we know that you’re going to do some expenditures and there’s some equipment some things
that you need to do but we certainly feel that expenditures should come out of the One-Penny Sales
Tax the Special Purpose Local Option part of the One-Penny Sales Tax versus the general
stormwater because we’re working on refilling the stormwater. And we wouldn’t want you to get
caught in a situation where you’ve done a great deal of expenditures where you didn’t necessarily
need to and I would assume that you possibly could back it back out of one-penny. We also would
like, okay we also would like to cover the area of in that I have five minutes we’ll cover some
other areas as far as expenditures go and not necessarily one not necessarily the one-penny or the
stormwater fee. But I think that I know that your county attorney gave me some advice on the
issue and I would advise you guys to look at Bell, California and try to stay in compliance with
state laws as far as what government can do on private properties and look at your (unintelligible)
service fraud statutes as far as that goes and I think that’s important. And I will address the issue
in that one of your commissioners has brought it up in reference stormwater fee and legal advice
from your attorney is that the I’d advise is that the only similarity to Claxton is the fact that you’re
railroading this community with a stormwater fee that has nothing to do with the fee and it dealt
with interstate commerce. And if we’re dealing with a law that deals with punishment and/or
interstate commerce then yes we wouldn’t be able to pursue the petition. So we’re going full speed
ahead with the petition and we would like for you guys to be good stewards and if you can use
funds for what you’re doing out of the Special Purpose Local Option Sales Tax that you do that as
far as capital outlay goes. And we realize and we’re not trying to you know tie your hands as far
as expenditures on maintenance and operations. And we wouldn’t want you to you know we know
we got into trouble somewhat on missing the deal with the Aviation Tax and you had to go and
look for some money there. And we would certainly want your reserve to stay strong and not to
have any unforeseen problems. So that’s the concern when we see a lot of expenditures happening
and a lot of planning going on and it’s coming out of the Capital Outlay side of the stormwater
fee. And this is just a suggestion, we make suggestions to you through this process. We visited
with you at about a dozen hands and we visited with the Mayor’s office and had a meeting with
the Mayor for about 30 minutes on this issue. We, it was the I Love Augusta’s opinion and some
others at that time that we had a flawed ordinance. We wrote a letter to the editor of the daily
nd
paper on February 22, it was published and a lot of the foreseen problems that we seen then is
happening now. And we would certainly like to see you take a look at some of those problems
and consider you know putting this issue on the ballot and we’re not particularly concerned about
what way it goes on the ballot but we feel an issue this big should go on the ballot and that the
voters should have a right to vote on it. And the position that we take at this point is no vote no
fee. And I think six of us sitting up there at least or hopefully all of you sitting up there is for
voters’ rights and this is all this is about. And we’re not saying you didn’t have the right per the
Constitution for general law to pass it. You did, it’s in the law just like we have the right to petition
to repeal it. We do, it’s in the law in the Georgia State Constitution. So we recognize you had the
right to do this without going to the voters and we recognize that you could not go with a straw
initiative that it would have to be something that would be binding and ---
Mr. Mayor: Your time has expired, Mr. Todd.
14
Mr. Todd: Thank you, Mr. Mayor, for your time.
Mr. Mayor: Thank you so much.
Mr. Todd: And I’ll be glad to answer any questions.
th
Mr. Mayor: The Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Chairman. Mr. Todd, thank you very much for your
presentation and your concern and your interest. I noticed during your presentation you constantly
made reference to ‘we’. Are you here as an individual or are you representing a group?
Mr. Todd: I represent a committee of (unintelligible) if you want to know and that is I
Love Augusta. If you really want to know you go to the O.R. with the state and you’ll have those
signatures. And I represent probably ---
Mr. Lockett: I think you answered my question. I want to know are you speaking as an
individual or are you speaking representing a group and you said you’re representing a group right?
Mr. Todd: Yes.
Mr. Lockett: And you don’t have to identify them. You know it’s kind of mind boggling
because our neighbor Columbia County not only has a stormwater fee but they went back and they
raised it again. And where were all of you people, I know you don’t live in Columbia County you
say you live on Nolan Connector. But where were all of you people that’s concerned about
government where were you when they did that? And ---
Mr. Todd: May I answer?
Mr. Lockett: Please.
Mr. Todd: Columbia County did their stormwater twenty some one years ago. When they
did their stormwater they hadn’t had a Special Purpose Local Option Sales Tax for that purpose
for some thirty years so that is the answer. Then the other answer is we’re not Columbia County.
Columbia County medium income is $63,000 dollars a year. Richmond County medium income
is approximately $36,000 a year. Columbia County’s poverty rate is 8%, Richmond County’s
poverty rate is somewhat higher than that. I don’t you know we know the numbers and if you are
saying that this was mandated by EPA/EPD then there is a requirement and you should’ve done
an Affordability Study okay? And ---
Mr. Lockett: I think you’re kind of getting away from my question, Mr. Todd.
Mr. Todd: Okay.
15
Mr. Lockett: For the sake of time you mentioned the medium income in Columbia County
but do you realize that many of those people that live in Columbia County are getting their income
from Richmond County? And do you understand the reason why they are driving 45 minutes to
an hour to get home from their job in Richmond County to Columbia County to McDuffie County
is because of our infrastructure here. That’s one of the main things. And I know you have a right
and your group has the right to express themselves but do you all ever consider that when you get
out there making these comments that it’s not only heard in Augusta Richmond County it’s heard
through the world. Now why would somebody especially military or whatever come into Augusta,
want to live in Augusta Richmond County with all the negative publicity. I would prefer that you
all use your voice in order to help us, to help us bring in economic development and whatever
because to me from my perspective this is hurting us. I know you feel it’s a good cause.
Mr. Todd: I think that Mr. Strauss was here a little early he may not be here now but I
think everybody knows Moses Todd’s record as far as economic development goes in bringing in
jobs. Bar none, I probably made more trips to Washington D.C for this community. You know
we, so we don’t have time and won’t get into all that but I will tell you this that there’s not a bigger
captain for Augusta Richmond County than me but the poor folks in this county, the folks that are
on a fixed income in this county, the folks that can’t afford this stormwater bill I will fight for them
to my last breath.
Mr. Lockett: Now are you hollering at me or are you just?
Mr. Todd: I’m making a statement and I’m making a statement to this Commission not to
a Commissioner.
Mr. Lockett: All right then my last comment, Mr. Todd, is this. We just had a bridge
failure here in Augusta Richmond County not too long ago because of the heavy rain and so forth.
They have been putting duct tape on that bridge for years and years and years because we didn’t
have the funding. But now when that bridge collapsed we’re putting a new bridge there because
we have the money coming in. Now what are we supposed to do when we have other bridges that
fall down without this income? That was just a rhetorical I really don’t need a response but thank
you very much.
Mr. Todd: May I give a response, Mr. Mayor? You put a penny in a pie tin ---
Mr. Mayor: Mr. Todd, I think you may have some more questions.
Mr. Todd: (Unintelligible).
Mr. Mayor: Mr. Todd, I’m going to give you the opportunity to answer, just suspend, just
suspend. You walked away I’m going to give you an opportunity to be heard. All right the Chair
th
recognizes the Commissioner from the 4.
Mr. Sias: Thank you, Mr., oh.
16
th
Mr. Mayor: I’ll come back to you. The Chair recognizes the Commissioner from the 4
th
then I’ll recognize the Commissioner from the 8.
Mr. Sias: Thank you, Mr. Mayor. My information is not for Mr. Todd I’m addressing the
issue. The requirement for stormwater management is not new. I bought my house and moved
from Columbia County to Richmond County in 1987. We had retention ponds, drainage ditches,
holding ponds and culverts. Why? Because controlling management of stormwater is critical and
required by law. Three years after I moved in we had the major flood of 1990. Flooding ripped
this county asunder. The city spent nearly $65 million dollars from SPLOST I and II on stormwater
drainage and control but none on planning management and maintenance. Now I’m wondering
who was in charge of the city back then. After nearly a ten-year period we still did not learn the
most important lesson, that lesson being that reactive spending of SPLOST money was not going
to solve the problem. We never set up a process to do the maintenance and the management of all
these hundreds and hundreds of retention ponds and thousands and thousands of ditches and
culverts that we have in Richmond County. Every SPLOST we have the Engineering Department
present millions of dollars’ worth of stormwater projects that need funding. We have never ever
been able to meet that through SPLOST. When you have the Engineering Department bring up
nearly $300 million worth of projects that they need for stormwater maintenance and control this
SPLOST itself it not that big but the problem is. Now we have everybody who had the opportunity
to solve these problems, to get answers for them problems finally when a Commission did
something now we have everybody back at the table saying they got the right answer. In 2009 the
Augusta Commission approved the implementation of a funded stormwater utility program. We
put $3.5 million dollars from SPLOST VI to initiate that program, the decision was made. The
only item left was what the fee would be. Nearly every city in Georgia has a stormwater program.
Why? We have to manage it. When you develop you create runoff. When you build roads,
subdivisions, businesses the water has to go somewhere. There’s a gentleman that has a house on
Bullock Avenue. He has three catch basins and one drainage ditch yet his yard is flooding out.
Why? Because there was never any maintenance of the stormwater system. As my colleague
mentioned we have a bridge that’s been bandaid and bandaid for years. Well, the bandage just
ran out. And I invite everyone to take two sharp turns on Birdwell Road. Be careful of the last
left hand 90° turn because you’ll end up where the bridge used to be and the road used to be and
it’s still missing because we don’t have the money to fix it. The person can’t get to their property
and the little poor church folks that want to build a new church they had to give up their property
and allow a road to be ran through their property because we didn’t manage our stormwater plan
yet we’ve got everybody that knows how to know take care of these nine creek basins, bridges,
retention ponds, detention ponds and talk to the folks on Saddle Brook Drive, a $30,000 dollar
retention pond project just to clean it up and restructure it do what it’s supposed to do. We have
neighborhood streets caving in. Woodlake Drive has a neighborhood that floats; the streets been
wet for 25 years because the stormwater is accumulating out of all these trashed up catch basins.
Fences are sinking in the yard; you ain’t got to worry about jumping the fence you can walk over
it. A homeowner had to build a retention wall around his air-conditioner unit because it was being
swamped by rain, pushed silt. Their neighbor next to that one can nearly get on the stop of his
house without a ladder. I invite ya’ll to come out there and see that, the ones that say we don’t
need a stormwater program. When we had the opportunity to fix these problems years ago and,
Mr. Mayor, I’m getting to the end of my fire, we haven’t had an answer in 30 years and when a
commission finally steps up to the plate and did what needs to be done we now have all these
17
Monday night quarterbacks telling us how to do it. So ladies and gentlemen and this Commission
I want to applaud you for what we did. Someone said it was too big a decision for six people.
Well let me just remind you this Commission has ten Commissioners and a Mayor. The law
doesn’t require every decision to be unanimous so when we vote on an issue whether it’s six,
seven, eight or nine or ten that issue is legal. And let me tell you there’s another washout coming
somewhere near you. Thank you, Mr. Mayor, I appreciate you allowing me that extra twenty
seconds. Thank you.
Mr. Mayor: Thank you, Commissioner, a lot of passion in the room. The Chair recognizes
th
the Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. Moses Todd, thank you for coming before us and
actually I think a lot of people are missing the point up here on this behind the dais. It’s not a
personal tax on you. It’s not the smiling and the chuckling you’re actually trying to guide us on
how the how to purchase hard equipment tractors, backhoes, trucks use it through the SPLOST
money. We could buy a tractor with SPLOST money but we can’t man the people with SPLOST
money we need to remember that. As far as Moses Todd ya’ll remember one thing he is not going
away. We can sit here and attack him all we want; he will not go away, he’ll be back. He speaks
for the people. My biggest challenge’s out there in my area which I spoke is I don’t know how to
answer the people in the rural area what they’re paying stormwater for. I tell them what I’ve been
told for it to be cleaning out ditches. There’s a lot of the residents out there that’s out of sight out
of mind that’s on the county lines. I don’t know what to tell them. We passed it. I understand that
I see the need for it. I’ve always said that but there needs to be a level service charge. But Moses
you spoke about Bell, California can you kind of go into that for me please?
Mr. Todd: Well you know your leader counsel can pull it up for you and basically it was
about Georgia and raising fees and I see it you know and I would have to get into the landfill and
some other areas but it was about egregious fees to do a service and what they went to jail for was
egregious fees to do a service. But what they also did was giving themselves what is not happening
here I want to make that clear big pay raises and big pensions. But that wasn’t what the federal
prosecuted them for; that probably you know looked bad for them in the public. So and that’s from
a you go back to honest service that I believe it’s 1988 and it don’t mean that you put money in
your pocket. It don’t mean you took something home it means that you, in ACCG Carl Vinson
Institute of Government should teach this to you, you know. It means that you done something
you possibly shouldn’t have done overzealous to get something done for somebody and how you
do the expenditures. And so hopefully you know everybody don’t take it personal when I come
up here before you because everybody sitting on the other side of the dais knows that I had
communication and conversation with them at these meetings. And we emailed for a while and
you know and that’s everybody sitting up there. We didn’t agree, we disagreed on issues but I
think for Ms. Mary Commissioner Mary Davis on down we had conversations and we talked. And
we’re not going to agree on everything and it’s going to be some things that you’ve got to do, you
know, but all I’m saying if you’ve got to do them let’s try to do them through the right process.
And am I hard on you? Yes. Was I hard on the Commission that I sat on? Yes. Was I hard on
the Commission before me? Yes and that’s just the way I operate, that’s Moses. And I’m going
to tell you when I think you’re right and I think that some of you can say I praise you on some
things and I’m going to tell you when I think that you’re in a gray area and I’m going to tell you
18
when I think you’re in a red area that you’re dead wrong. And speaking of the problems of this
community there’s over 500 individuals that lay on their back giving life blood plasma in these
plasma centers so they can just make the you know end of the month make the money end to the
end of month. And this is not drug use all of them or alcohol abuse so I understand your dilemma.
I’m just trying to get you to understand the people’s dilemma. And I think there’s somewhere in
there that it’s reasonable but when we discussed this at these hearings and meetings you know I
pretty much got from some individuals that we’re going to do it 6/4 because we can. So when you
back Moses in the corner he’s going to come out fighting for the people. That’s what I do.
Mr. Lockett: And walk in the water.
Mr. Mayor: Thank you, thank you Mr. Todd, thank you Mr. Todd. All right a lot of
discussion lot of discussion. All right, Madam Clerk, we’ve got a lot of business in front of us still
yet. I think we are at a point now where we can go back to, got a couple of things we’re going to
go back to here in a minute. All right, Madam Clerk, we’re going to move on to our consent
agenda.
The Clerk: Our consent agenda consists of items 1-14 items 1-14. For the benefit of any
objectors to our alcohol petitions once those petitions are read if there are any objections would
you please signify your objection by raising your hand. I call your attention to:
Item 1: Is a request for an on premise consumption Liquor, Beer and Wine License to be
used in a location 2450 E. Windsor Spring Road.
Item 2: Is for an on premise Liquor & Beer License to be used in connection with the
location 2925 Peach Orchard Road.
Item 3: Is for a retail package Beer & Wine License to be used in a connection with a
location 3224 Deans Bridge Road.
The Clerk: Are there any objectors to any of those alcohol petitions? Mr. Mayor, members
of the Commission, our consent agenda consists of items 1-14 with no objectors to our alcohol
petitions.
Mr. Mayor: Okay, thank you, Madam Clerk. All right the Chair will entertain any motions
at this time to add or remove from the consent agenda. All right, the Chair recognizes the
th
Commissioner from the 7.
Mr. Frantom: If there’s no objection I’d like to add number 15 to the consent agenda.
Mr. Lockett: Mr. Chair, that’s recommended to approve, right?
Mr. Mayor: That’s correct ---
Mr. Lockett: Okay.
Mr. Mayor: --- without objection.
19
th
Mr. Lockett: All right. All right the Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Chair. Agenda item number four a motion extending the
lease with the US Navy for the Naval Reserve Center on Central Avenue. One of my colleagues
mentioned I think Commissioner Williams indicated about using them to clean up properties. If
we can enter into an agreement for them up property, I’ll pay the dollar lease for them.
ENGINEERING SERVICES
16. Discuss abandoned & unsafe/uninhabitable burned-out structures. (Requested by
Commissioner Marion Williams)
Mr. Mayor: All right, Madam Clerk, I’d like to suggest we move Item 16 to the consent
agenda as well.
The Clerk: To the consent agenda?
Mr. Mayor: Uh-um.
Mr. Lockett: Yes, we already talked about it.
Mr. Mayor: We talked about it at length.
Mr. M. Williams: I still think the protocol, Mr. Mayor, though is the item still belongs to
the body and belongs to the Commissioner who put it on there. I got no problem moving it but I
don’t think it could be done that way. Now somebody needs to help me out.
Mr. Lockett: If you move I’ll second Commissioner Williams.
Mr. M. Williams: I understand you will, I had moved. The Mayor’s trying to move it I’m
trying to figure out is do I have how that works.
Mr. Mayor: Well if you take Item 15 the last time I checked the Commissioner from the
th
7 didn’t put it on the agenda but he just moved it you know added it to the consent agenda as
well.
Mr. M. Williams: And he had no objection and to make it a motion ---
Mr. Mayor: Number 16?
Mr. M. Williams: --- well, I’m saying you just can’t move it because you want to move it.
Mr. Mayor: Well, again if you’re opposed to it, just say that. That’s all I’m saying. I did
th
the same thing that the Commissioner from the 7 did and I am a member of the Commission
st
Counsel. All right I’m going to the Commissioner from the 1, yes, sir.
20
Mr. Fennoy: Mr. Mayor, I’d like for Item 16 to be a part of the workshop that our
Administrator for that discussion to be a part of the workshop that our Administrator is planning -
--
Mr. Mayor: I couldn’t agree with you more.
Mr. Fennoy: --- if it’s the will of the body.
th
Mr. Mayor: All right, the Commissioner from the 9 what’s your pleasure.
Mr. M. Williams: I’m going to leave my item right where it is. I’m not going to give these
two gentlemen the opportunity to take the item I’ve been working on for quite some time to, I’m
just cutting up, Mr. Mayor, I got no problem.
Mr. Mayor: I know.
Mr. M. Williams: I’ve got no problem moving it for discussion but ---
Mr. Mayor: I know.
Mr. M. Williams: ---- I just know that ya’ll can’t, you’re fast talking me now.
Mr. Mayor: I got you, I’m coming to you. I just want to make sure we dispose of that.
Madam Clerk, I think he just agreed to add it to the consent agenda.
The Clerk: With the caveat that it be added to the Administrators work session to be
announced, right?
Mr. Mayor: Right.
The Clerk: Okay.
th
Mr. Mayor: All right, the Chair recognizes the Commissioner from the 4.
Mr. Sias: Move to approve the consent agenda as modified.
Mr. Smith: Second.
CONSENT AGENDA
PUBLIC SERVICES
1. Motion to approve New Application: A.N. 16-17: A request by Barethea Walker for an
on premise consumption Liquor, Beer and Wine License to be used in connection with
Smokin Aces located at 2450 E Windsor Spring Road. District 6. Super District 10.
(Approved by Public Services Committee April 26, 2016)
2. Motion to approve New Ownership Application: A.N. 16-21: A request by Susan D.
McNair for an on premise consumption Liquor & Beer License to be used in connection with
21
Kickers located at 2925 Peach Orchard Road. There will be Dance. District 6. Super District
10. (Approved by Public Services Committee April 26, 2016)
3. Motion to approve New Ownership Application: A.N. 16-20: request by Ahmed Fouitah
for a retail package Beer & Wine License to be used in connection with Raceway 921 located
at 3224 Deans Bridge Road. District 5. Super District 9. (Approved by Public Services
Committee April 26, 2016)
4. Motion to approve extending the lease with the US Navy for the Naval Reserve Center on
Central Avenue through June 2017. Lease payments are $1 per year, and Augusta has no
financial or maintenance obligations under this lease. (Approved by Public Services
Committee April 26, 2016)
5. Motion to approve presentation by the Downtown Development Authority of proposed
enhancements to the Riverwalk. (Approved by Public Services Committee April 26, 2016)
ADMINISTRATIVE SERVICES
6. Motion to approve new salary scale for general workforce and SES I-III level employees
based on the 2% COLA that was approved in the 2016 Budget effective as of the paycheck
of April 1, 2016. (Approved by Administrative Services Committee April 26, 2016)
PUBLIC SAFETY
7. Motion to accept the award for the Hazard Mitigation Plan Update Grant from FEMA
and GEMA and to authorize the Mayor to execute the appropriate documents. (Approved
by Public Safety Committee April 26, 2016)
8. Motion to approve First Amendment to the Mutual Aid Agreement between Augusta,
Georgia and Columbia County, Georgia. (Approved by Public Safety Committee April 26,
2016)
FINANCE
9. Motion to approve adjustment to Recreation and Parks Department 2016 budget.
(Approved by Finance Committee April 26, 2016)
10. Motion to approve a request from Augusta Animal Services to receive a donation from
the estate of Barbara A. Davis, in the amount of $10,199.76 to increase the Revenue Donation
budget (101039110/3711110) by $10,200 and to increase the Special Program Expenditure
budget (1010391110/5311815) by $10,200. (Approved by Finance Committee April 26, 2016)
ENGINEERING SERVICES
11. Motion to authorize condemnation to acquire permanent construction easement (Parcel
045-4-163-00-0) 1365 Fifteenth Street. (Approved by Engineering Services Committee April
26, 2016)
12. Motion to approve award of Construction Contract to C&H Paving, Inc. in the amount
of $299,343.00 for South Atlantic Drive and Shoreline Drive Rehabilitation and Resurfacing
Project as requested by AED. Award is contingent upon receipt of signed contracts and
proper bonds. Bid Item 15-238 (Approved by Engineering Services Committee April 26,
2016)
PETITIONS AND COMMUNICATIONS
22
13. Motion to approve the minutes of the regular meeting of the Commission held April 19,
2016 and Special Called Meeting held April 26, 2016)
APPOINTMENT(S)
14. Motion to approve the appointment of Brandon Garrett to the Augusta Planning
Commission representing District 8.
PUBLIC SAFETY
15. Motion to approve a request by the Augusta Fire Department to purchase ballistic vests.
The Fire Department will need to purchase approximately 35 ballistic vests. The department
will purchase the vests from DGG Tactical of Jacksonville Florida. (Sheriff Department Bid#
15-186) (No recommendation from Public Safety Committee April 26, 2016)
APPOINTMENT(S)
17. Motion to approve the appointment of Jimmy Garren to the Augusta Planning
Commission due to the resignation of Hank Griffin representing District 10.
ADDENDUM
18. Motion to approve the appointment of Mrs. Carmen M. Few to a term on the Animal
Control Board representing District 1. (Requested by Commissioner Bill Fennoy)
20. Motion to approve executive director contract between Augusta Regional Airport and
Herbert Judon, Jr.; approved by the Augusta Aviation Commission April 28, 2016.
(Requested by the Augusta Aviation Commission)
21. Motion to approve Augusta, Georgia and Columbia County, Georgia Airplane Crash
Mutual Aid Agreement. Approved by the Augusta Aviation Commission April 28, 2016.
(Requested by the Augusta Aviation Commission)
Mr. Mayor: All right.
Motion Passes 10-0. [Items 1-14, 15, 17, 18, 20, 21]
Mr. Mayor: All right we’re going to go back to we’re going to go back to additions to the
agenda we’re going to go back to the additions to the agenda the handout that was provided to you
th
there at your seats. All right the Chair’s going to recognize the Commissioner from the 9 for a
motion.
Mr. M. Williams: Mr. Mayor, out of careful consideration I’m going, I’m not going to
object to any of these at this time, Mr. Mayor, I’m going to let them all go through. What I’m
going to do though I’m going to ask that this body follow the rules that we have already got in
place until something changes. Now every week we get stuff handed to us at the last minute. Now
in a lot of cases things happen a lot of times the Clerk may not get them in time or whatever but I
don’t see how we can bring stuff and just lay it on this dais and say we’re going to add it on and
then we don’t need a have a committee meeting and all that other stuff we go through if we’re
going to do that. But I’m going to yield this time.
Mr. Smith: Motion to approve.
23
Mr. Hasan: Second.
Mr. Mayor: All right, the second came from Commissioner Hasan, the motion came from
the Mayor Pro Tem.
Mr. Fennoy: Do we have unanimous consent?
Mr. Mayor: Yes.
Mr. D. Williams: No.
Mr. Fennoy: Mr. Mayor, if we had unanimous consent I vote to approve the items that on
the ---
Mr. D. Williams: I withdraw.
Mr. Mayor: Withdraw all right, fantastic. We have a motion and a second for unanimous
consent. All right, voting.
Mr. Guilfoyle: Mr. Mayor, point of privilege please.
th
Mr. Mayor: The Chair recognizes the Commissioner from the 8 state your inquiry.
Mr. Guilfoyle: Mr. Mayor, our meeting started off on adding these to the consent agenda
or just adding it on without the whole will of the body. You had brought up what we had done last
year. Anytime that anything was brought before us and handed to us when we got behind this
chair it had to take unanimous support. Ever since I’ve been on this floor this is how it’s always
been done so Mr. Williams was speaking correctly on that, sir.
Mr. Mayor: Well, I couldn’t agree with you more and I fully understood that which is why
I said we’d come back to it. Now we’re back to it and we’ve got unanimous consent to move
forward, all right? Okay, all right that is absolutely correct. All right I’m going the Clerk state for
---
The Clerk: (inaudible).
Mr. Mayor: --- go ahead, Madam Clerk.
Mr. Lockett out.
Motion Passes 9-0.
st
Mr. Mayor: All right, the Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Mr. Mayor, I think this Commission just made history.
24
Mr. Mayor: I couldn’t agree with you more.
Mr. Hasan: Mr. Mayor, did we vote? I apologize we voted to add it to the agenda now do
we vote to approve these items now?
Mr. Mayor: We voted to add these items to the agenda ---
Mr. Hasan: Okay.
Mr. Mayor: --- that was the motion.
Mr. Hasan: Approve them?
Mr. Fennoy: We haven’t voted to approve (inaudible).
Mr. Mayor: We have not done that.
Mr. Hasan: Motion to approve.
Mr. Speaker: Second.
Mr. Mayor: All right hold on just a minute, hold on everybody just hold on. I know we’re
tracking time what we’ve done at this point is we’ve added them to the agenda. Now we’re
prepared to take action on these individually or as a group. All right I’m going to recognize the
th
Commissioner from the 4.
Mr. Sias: Thank you, Mr. Mayor.
Mr. Mayor: Would you speak into the microphone, sir?
Mr. Sias: Thank you, Mr. Mayor, with the consent of my colleagues I would like to
consent Item 1, Item 2, Item 3, and Item 4.
Mr. G. Smith: Second.
Mr. M. Williams: You don’t have unanimous consent; I need a discussion on Item 2.
Mr. Sias: We can withdraw Item 2, Mr. Mayor.
Mr. M. Williams: I just need a little discussion.
Mr. Mayor: I’m quite okay with that.
Mr. Sias: So we’ll consent Items 1, 3 and 4.
Mr. Mayor: All right, Madam Clerk, we’ve got a motion to consent Items 1, 3 and 4.
25
The Clerk: Yes, sir.
Mr. Mayor: All right, voting. All right, if I can get our partners from the DDA to be on
deck. All right yes please. Commissioner Fennoy, if you’ll vote.
Mr. Guilfoyle out.
Motion Passes 9-0.
ADDENDUM
19. Motion to approve Intergovernmental Agreement for the sale, financing and
redevelopment of certain city owned properties. (Requested by the Administrator)
Mr. Mayor: Well, all right, before anybody says anything since this is a matter dealing
with real estate it is in fact attorney client privilege and as such that defines the parameters upon
which we can discuss. So while we have it here on the agenda I want to make sure that we caution
ourselves with that. The Chair recognizes Attorney MacKenzie to add anything to that.
Mr. MacKenzie: One thing this would be under the exception of real estate should you
chose to discuss it a closed meeting and discuss the disposition or acquisition of real estate.
Mr. Mayor: Okay, all right, so we have that option as well. I just said that for the purposes
th
of the Commissioner from the 9 so that he’ll frame his questions accordingly.
Mr. M. Williams: Well, I think we’re talking about the agreement here. I think we done
had the real estate side of it I think in terms of the agreement. And my question is and I looked at
it but I didn’t see I guess a space or a hold where if we wanted to terminate how that works. Would
this body be able to do it, the entity be able to do it, we won’t be able to do it?
Mr. Mayor: Go ahead, Commissioner, continue.
Mr. M. Williams: I mean I’m just asking that question as far as this agreement. We met,
we talked, I think everybody’s in agreement of it but I didn’t see a space for termination if we
wanted to get out of this agreement. Has the board changed or the commission changed how do
we do that I guess what I’m getting to?
Mr. Mayor: All right, Attorney MacKenzie.
Mr. MacKenzie: Sure, the agreement if you look at Page 4 which I think is the last sheet
in your packet the addendum packet they have the termination clause in there, I’m sorry, that’s the
wrong agreement.
Mr. Mayor: Attorney MacKenzie, as I read that I don’t see a termination clause.
Mr. MacKenzie: I’m sorry I was looking at a different agreement attached on the back of
it ---
26
Mr. Mayor: Okay.
Mr. MacKenzie: --- so the parties can always mutually agree to make any adjustments in
the agreement.
Mr. M. Williams: Mr. Mayor, I’m not a lawyer but I know once you sign that document
now I can’t you ain’t going to get anyone to mutually agree to disagree if they don’t do that. I just
that was one question I had the other question is ---
Mr. Mayor: Before you go on, Commissioner, may I ask this? All right I want everybody
to note where we are, okay? The document that is before you the question that the Commissioner
th
from the 9 has raised is with regards to termination clause for either party that is not included in
that. Attorney MacKenzie has responded that any member of the party could in fact effect a
th
termination at will. I think the Commissioner from the 9’s question is should we include language
in there. That’s your question, is that correct?
Mr. M. Williams: (inaudible).
Mr. Mayor: All right and are you suggesting we should do that?
Mr. M. Williams: Well, I’m thinking that something needs to be there versus saying that
because if nothing is there then we can’t do anything. I mean and the board I think we’re on the
same page I think what we’re trying to do is really good but I just think that if we’re going to go
into an agreement like we’re signing into we ought to be there ought to be an exit clause or
something if we need to come out of it for whatever reason and I didn’t see that.
Mr. Mayor: Very valid point. All right, Attorney MacKenzie.
Mr. MacKenzie: Another way we could do this is there’s going to be a number of other
agreements that you’re going to see as a result of this. This is kind of a first step. As you look
through there’s different numerical paragraphs here this could be a number of different documents
that are going to come before you with respect to the development of this property. This is just
the initial agreement saying we’re going to let them have the opportunity to go out there and do
this development effort. In the event that you don’t like the results of the effort you can just decline
to approve the various other elements of it which are outlined in the agreement itself. So it is
common for us to include termination clauses but in this instance there’s so much future activity
to occur if you don’t agree with the efforts that are being done you could effectively terminate it
by not approving any of these (unintelligible).
Mr. M. Williams: So my question to the attorney is are you advising us to take this
agreement with what you just said. Is that what you’re advising us to do?
Mr. MacKenzie: My advice is there’s not a need to have a termination clause because
almost all of the activity that would have any binding impact will be future agreements that you
27
don’t have before you today. This is just initiating the process of sending this out for development
but you have to approve any other agreements as far as the actual development.
Mr. M. Williams: So we really didn’t need this agreement then because if that’s the case
we really you know this is just a piece of paper. This is nothing binding because if it’s binding
then there ought to be something else there. But if it’s not binding then it’s like any other you let
us into your house, Mr. Mayor, you just throw it in the garbage can when you get through with it.
Mr. Mayor: Okay so ---
Mr. M. Williams: I mean ---
Mr. Mayor: --- your question is extremely valid, Commissioner, and would you like to see
language added that provides a termination clause? That’s the question that’s before you. I’m
directing that one to you would you like to see language.
Mr. M. Williams: I would like to see something there that either side. I mean when you’re
talking about we this Commission this government partnerships with the DDA who I’m very proud
serving on that board they do a good job but I still think business ought to be handled like business.
I think we need to be held accountable. We do too many things and then not dot all the ‘I’s and
cross all the ‘T’s so I just think that’s part that should be in there. Let me give my other question
too as well, Mr. Mayor, and maybe we can address all that. The old depot property downtown
that’s supposed to remain there from my understanding and be enhanced or be developed but not
done away with is that right, Margaret or whoever?
Ms. Woodard: Yes, sir, that will remain.
Mr. M. Williams: That will remain. Now I said to the media today they asked me about
that and we’re not Savannah but the old warehouses I think play a significant role to develop
downtown. I think we could do so much with those and not just make just make sure they’re
maintained. I mean they’re still there make sure that it’s something that (unintelligible). And I
know it’s coming back to us Margaret I’m on the same plane with you, I ain’t on a different plane.
I’m just doing what I do I’m making sure that I ask the questions that press on my mind to make
sure that we’ve done everything that we can. With that being said, Mr. Mayor, will we get that
termination part put in there I don’t see any problem with going ahead and approving that but I do
think that some kind of agreement, some kind of understanding needs to be there so we can
continue to move.
Mr. Mayor: Well yeah I got his name down next. Attorney MacKenzie, do you want to
speak further to that with regards to adding language?
Mr. MacKenzie: I don’t think the parties will have any problem with adding what’s called
a mutual termination clause with 30 days’ notice. I’d be happy to do that if you want to approve
a motion if this body is in support of this then you could do a motion to approve this agreement
subject to the addition of a mutual termination clause with 30 days’ notice then we’ll add that to
the agreement.
28
Mr. M. Williams: (inaudible) I think Mr. Guilfoyle (inaudible)
Mr. Mayor: All right I’m going to come to him. I want to answer your question first.
Mr. M. Williams: (inaudible) I think something needs to be there so we can (inaudible).
Mr. Mayor: Okay.
Mr. M. Williams: --- then that keeps everybody on the same playing field they know and
we know DDA knows (inaudible) so we know what hand-in-hand together.
Mr. Mayor: All right, very good. All right so we’ll add that and then at the appointed time
we’ll allow you to make a proper motion that includes that. The Chair recognizes the
th
Commissioner from the 8.
Mr. Guilfoyle: Mr. Mayor, I’m good with it. I was just going to explain the process because
it actually comes before this body I believe four different times. And at any level this is just the
embryo level of the agreement between the DDA and Augusta Richmond County. Once they find
a potential developer and the agreement starts working out it has to be approved by the DDA board
and then it has to be approved by this council here and then it goes back through negotiations to
where we actually have four tries at this. If any of the four quadrants of this entire contract the
will of the body if it being not to pursue it, we shut it down at any given moment whether it’s now
or once a developer is located and comes to some kind of agreement. So we actually have part of
my term because we’ve heard this so many times we have four bites of the apple. Some of those
colleagues know where that came from.
Mr. Mayor: Okay, all right sounds like we’re all ready to move forward. Okay, Attorney
MacKenzie, state for us the motion.
Mr. MacKenzie: Sure, the motion would be motion to approve Item 2 with the following
additional language added to agreement 7: Termination. Either party may terminate this agreement
with 30 days’ notice to the other party.
Mr. M. Williams: And that would be with all our agreements, Mr. Mayor. I would hope
that we bring back not just this one but all of our agreements I’ve got no problem with that. To
Mr. Guilfoyle’s point I mean I don’t know is the apple on the ground a pear on the tree but some
fruit got messed up somewhere. But that’s my motion if I can get a second.
Mr. Frantom: Second.
Mr. Mayor: All right, so we’ve got a motion and a second.
Mr. Lockett: I had my hand up.
Mr. Mayor: All right I see your hand, sir.
29
Mr. Lockett: All right, thank you.
th
Mr. Mayor: The Chair recognizes the Commissioner from the 5.
Mr. Lockett: I don’t know if this is germane or not but I want to try and make it as close
to it as I can. Age Friendly had some professionals that came in and did a Walkability Study of
parts of downtown in October 2014. We had two experts from Washington state that came here
at no expense to this government. Are you all considering this Walkability Study that was done
and are you all complying with the many Master Plans that’s been done in downtown Augusta
when you all are putting together these packages?
Ms. Woodard: Yes, sir, we refer back to the Augusta Tomorrow Master Plan. I think there
were, there are with Melanie Wilson’s help we were able to get the plan.
Mr. Lockett: And lastly one of the important things brought out in that study is I think I’m
using the correct language we need some levee cuts done in close proximity from Olde Town that’s
going down to the levee because we’ve got the huge banks up there but we don’t have easy access.
And if we had signs on what is the street that goes is that Broad Street that goes in front of the
hotel?
Ms. Woodard: Yes, sir.
Mr. Lockett: If we had signs there directing people to the river and they could actually go
to the river through there I think that would create lots of traffic for us and better utilization of the
river. That was just a comment I wanted to make. Thank you very much, Mr. Chairman, and
thank you.
Mr. Mayor: Thank you, thank you, Mr. Chairman. All right we’re ready to vote. We’ve
got a motion and a proper second. Those in favor will vote yea and those opposed will vote no.
Voting.
Mr. Fennoy out.
Motion Passes 9-0.
Mr. Mayor: All right, Madam Clerk, any additional business before us?
The Clerk: No, sir.
Mr. Mayor: All right, this meeting is adjourned.
[MEETING ADJOURNED]
Lena Bonner
Clerk of Commission
30
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 May
4, 2016.
______________________________
Clerk of Commission
31