HomeMy WebLinkAboutRegular Commission Meeting August 16, 2016
REGULAR MEETING COMMISSION CHAMBER
AUGUST 16, 2016
Augusta Richmond County Commission convened at 2:00 p.m., August 16, 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. I call this meeting order. The Chair recognizes
Madam Clerk.
The Clerk: I call your attention to the invocation portion of our agenda. We’ll ask Minister
Carl Jones, Pastor of the Church of Christ at Grace Street to please come forward to deliver our
invocation. Please stand after which we’ll have our Pledge of Allegiance.
The invocation was given by Minister Carl Jones, Pastor, Church of Christ at Grace Street.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Minister Jones, thank you so much for being our Chaplain of the Day. Thank
you for your spiritual guidance and your civic leadership that’s serves not only as an example to
us but to the citizens of Augusta. Thank you for your service.
The Clerk: I call your attention to the consent agenda. Our consent agenda consists of
Items 1-13, Items 1-13. For the benefit of any objectors to any of our alcohol petitions once those
petitions are read would you please signify your objection by raising your hand. I call your
attention to:
Item 1: Is for a Special Exception Personal Care Home on property located at 4013 Belair
Road.
Item 2: Is for a Special Exception on property located at 3596 Windsor Spring Road.
Item 3: Is for a change of zoning request from a Zone R-1A (One-family Residential) to a
Zone B-1 (Neighborhood Business) affecting property known as 2103 Eastside Court. And Item
number 3 Eastside Court opposed to Eastland Court.
Item 4: Mr. Mayor, members of the Commission is on our addendum agenda for revisions
so that item needs to be.
Item 5: Is for a Special Exception to establish a solar farm located at 1941 Phinizy Road.
Item 6: Is for a Special Exception to establish a solar farm located at 1731 Tobacco Road.
The Clerk: Are there any objectors to any of those Zoning Petitions? I call your attention
to the Public Services portion of our agenda.
Item 7: Is for a retail package Beer & Wine License to be used in connection with E Z Go
Food Mart located 1801 Marvin Griffin Road.
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Item 8: Is for an on premise consumption Liquor, Beer & Wine License to be used in
connection with The Wooden Barrel located at 3317 Peach Orchard Road.
The Clerk: Are there any objectors to any of those alcohol petitions? No objectors. Mr.
Mayor, members of the Commission, our consent agenda consists of Items 1-13 with the exception
of Item number 4. No objectors to our Planning Petitions or Alcohol Petitions.
Mr. Hasan: Motion to approve.
Mr. Fennoy: Second.
Mr. Mayor: Thank you, Madam Clerk. Again we want to make sure everybody sees the
corrections to Item number 4 again just want to draw your attention to that. All right, so they’re
pulling the trigger quick today, Madam Clerk. Well, okay, that’s correct, that’s why all right so
there was a reason why that we had separately Item 4 with corrections. There is reason for an
explanation so it would appropriate to allow her to explain that, what those are. So before we just
immediately consent in all of this which I’m sure my good friend Jared Murray wouldn’t have a
problem with that either but still you want to take an opportunity to have that explained. Okay so
let’s make sure we pull Item number 4 all right and then let’s add all of the other items to the
consent agenda if ya’ll don’t mind. I didn’t make that motion but I’m at least just throwing it out
there if you’d like to since we’re on this world record pace and we may as well be as fast as Usain
Bolt. Why don’t we just consent Items 14 through 18. All right sounded good I thought you did.
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All right the Chair recognizes the Commissioner from the 4.
Mr. Sias: I’d like to pull Item 6. I have a problem with it. I just need a little quick
discussion.
Mr. Mayor: Okay all right Item number 6.
Mr. Hasan: You said four has been pulled already.
Mr. Mayor: It has been, sir.
Mr. Hasan: (inaudible).
Mr. Mayor: Yes, sir. Anybody want to add Number 16 to that? All right the Chair
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recognizes the Commissioner from the 5 All right, if ya’ll will get, show me your hands, I’ll
recognize you.
Mr. Lockett: Thank you, Mr. Chairman. I’d like to add agenda Item number 17 to the
consent agenda.
Mr. Mayor: All right, all right, all right.
The Clerk: Are we adding 16?
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Mr. Mayor: We’re adding number, so I’d like to add number 16 to that.
The Clerk: That was approved by the Pension ---
Mr. Mayor: Yes, ma’am.
The Clerk: --- Committee today, sir, right. Okay number 16, okay.
Mr. M. Williams: The addendum that we had here ---
Mr. Mayor: That’s number 4.
The Clerk: Number 4, it’s being pulled.
Mr. Mayor: Anybody want to add number 18 to the consent agenda?
Mr. Sias: Yes.
Mr. Mayor: I agree with you. Would you like to the Chair recognizes the Commissioner
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from the 8 first I thought I saw his hand go up. The Chair recognizes the Commissioner from the
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8.
Mr. Guilfoyle: No, sir, that was earlier I was going to put the Pension Committee but I
would like to for the Finance Director to explain on the millage for it be expressed to the residents
as well.
Mr. Mayor: Well, well, I have a question for you. This question is going to be directed to
the Finance Chair. Is it not true that we would have public hearings beyond today’s meeting and
they would be explained to the public at that time?
Mr. Guilfoyle: Yes, sir, it will but can I continue, sir?
Mr. Mayor: Yeah, absolutely this is a friendly conversation.
Mr. Guilfoyle: Oh yes, sir. After last week it was we were trying to push a basketball
through a funnel and we didn’t have ample time to present it on the floor like the Finance Director
was going to do nor did we have unanimous support on the floor to present it and that’s the reason
why we ended up doing individual signatures in order to get in on the media as far as the newspaper
for the general public. But as far as you know there is people that watches this live streaming and
you know it’s five minutes that presentation should take so that’s the only reason.
Mr. Mayor: Yeah, well, I’m going to defer to your wisdom I certainly don’t have a problem
with it. I feel like we can get it done and just put it on the consent agenda but I’ll defer to your
judgement.
Mr. Guilfoyle: Thank you, Mr. Mayor.
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Mr. Mayor: Yes, sir. All right any other motions to add or pull from the consent agenda?
All right, there being none all right, we’ll entertain a motion.
The Clerk: We have one.
Mr. Mayor: We have one ---
The Clerk: Yes, sir.
Mr. Mayor: --- with those items and a second?
The Clerk: Yes, sir.
CONSENT AGENDA
PLANNING
1. Z-16-25-SP – A request for concurrence with the Augusta Planning Commission to
approve with the conditions stated below a petition by Mike Samadi, on behalf of Faraj
Zahra, requesting a Special Exception to establish a Family Personal Care Home, per Section
26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting
property containing 1.1 acres and known as 4013 Belair Road. Tax Map 038-0-061-00-0
DISTRICT 3 1. The home shall be staffed in three (3) 8-hour shifts on a 7-day 24-hour basis
with no staff sleeping in the home. 2. A private room shall be provided for staff to conduct
business. 3. No more than sox (6) clients are permitted to reside in the home. 4. Walls
separating existing bedrooms shall be demolished to create bedrooms that meet the required
floor area for the number of individuals residing on the property. 5. All work required to
bring the structure into compliance with applicable codes shall be completed by a licensed
and bonded contractor. 6. A six-foot (6 ft.) solid board fence shall be installed to enclose the
rear yard, or a portion thereof, of the property to ensure the safety of the clients and provide
opportunities for outdoor activities. 7. A satisfactory inspection from all applicable building
inspection officials and a re-inspection by Code Enforcement must be obtained within six (6)
months and prior to the applicant obtaining a local business license from Augusta, Georgia
or the Special Exception is void. 8. The applicant will have to obtain a license with the State
of Georgia, and proof of compliance with the minimum requirements of Chapter 111.8-62.01
of the O.C.G.A must be provided within six (6) months and the applicant must obtain a local
business license from Augusta, Georgia or the Special Exception is void. 9. If wheelchair
bound persons reside in the home all 2010 ADA Standards for Accessible Design
requirements must be met, including but not limited to: a. All doorways must be at least 3 ft.
wide. B. At least one bathroom that permits a wheelchair dependent person to use all
bathroom facilities unimpeded. 10. All conditions must be met before a business license shall
be issued. 11. If approved, staff will review the most recent area crime report to determine
whether the use should continue to operate following one (1) year of the effective date of
approval.
2. Z-16-26-SP – A request for concurrence with the Augusta Planning Commission to
approve with the conditions stated below a petition by Ian Shiverick requesting a Special
Exception to establish a Special Events venue, per Section 26-1 (i) of the Comprehensive
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Zoning Ordinance for Augusta-Richmond County affecting property containing
approximately 5.12 acres and known as 3594 Windsor Spring and part of 3596 Windsor
Spring Road. Tax Map 142-1-002-00-0 and part of 142-0-074-02-0 DISTRICT 4 1. The use
of the property shall be limited to special events and per the Augusta Fire Department for
not more than 99 quests. 2. The parking plan must substantially conform to the plan
submitted with the application. A minimum of 80 parking spaces shall be provided for
quests. Spaces will also need to be provided for temporary parking of service vehicles and
event-related staff. Parking improvements on the property must be completed and inspected
prior to a business license being issued. 3. The driveway plan, internal to the subject
property, must substantially conform to the Windsor Manor Plan submitted with the
application. The driveway, internal to the subject property, must be a minimum width of 24’
wide, be constructed of the same materials as the existing driveway in front of the house, and
must have adequate stability to meet the Fire Departments’ access requirements for the
emergency service vehicles and fire trucks. The driveway improvements, internal to the
subject property, must be inspected and approved prior to a Business License being used. II
Improvements to the existing common driveway that serves as access to the subject property
and other properties to and from Crosscreek Road, to be a minimum of 24’ wide, be
constructed, at a minimum, of the same materials as the improved part of the driveway near
Crosscreek Road, and must have adequate stability to meet the Fire Department’s access
requirements for emergency service vehicles and fire trucks. The common driveway
improvements must be inspected and approved prior to a business license being issued. 4.
All outdoor activities shall cease by 11:00 p.m. 5. A report by the Environmental Health
Department, confirming the existing septic system will adequately serve events with less than
25 persons, must be provided before a business license shall be issued. 6. Portable bathroom
shall be required for all events with more than 25 persons.
3. Z-16-27 – A request for concurrence with the Augusta Planning Commission to approve
with the conditions stated below a petition by Avery Properties and Design LLC, on behalf
of Lydia E. Wilbanks, requesting a change of zoning from Zone R-1A (One-family
Residential) to Zone B-1 (Neighborhood Business) affecting property containing 0.33 acres
and is known as 2104 Eastside Court. Tax Map 110-3-010-00-0 DISTRICT 6 1. The uses for
this property are to be limited to professional offices, existing single-family residential and
the following permitted B-1 uses; florist, jewelry store, music store, veterinarian, and
tailor/seamstress. 2. At the time of construction, 2010 and 2013 shall be shown to have been
combined in a unity of title. 3. The cross access easement for the Eastland Court properties
shall be expanded to include parking on the Peach Orchard properties as no specific user/s
has been identified. 4. The site plan must include a 10-foot landscape buffer and six-foot
privacy fence.
5. Z-16-30 SP – a request for concurrence with the Augusta Planning Commission to
approve a petition by Inman Solar Inc., on behalf of the City of Augusta, requesting a Special
Exception to establish a Solar Farm per Section 26-1 (C) of the Comprehensive Zoning
Ordinance for Augusta-Richmond County affecting property containing 45.93 acres (use
shall utilize a portion of the parcel) and known as 1941 Phinizy Road. Part of Tax Map 133-
0-023-02-0 DISTRICT 4.
PUBLIC SERVICES
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7. Motion to approve New Ownership Application A.N. 16-28: request by Kamalakar R.
Katukoori for a retail package Beer & Wine License to be used in connection with E Z Go
Food Mart located at 1801 Marvin Griffin Rd. District 1. Super District 9. (Approved by
Public Services Committee Augusta 9, 2016)
8. Motion to approve New Application: A.N. 16-29: request by Johanna Ciccio for an on
premise consumption Liquor, Beer & Wine License to be used in connection with The
Wooden Barrel located at 3317 Peach Orchard Rd. There will be Dance. District 6. Super
District 10. (Approved by Public Services Committee August 9, 2016)
9. Motion to approve Change Order #5 in the amount of $106,046.00 to the contract with
R.W. Allen, LLC for the renovations to convert the old public library into offices for the
Augusta Public Defender’s Office. The new contract amount will be $4,681,598.00.
(Approved by Public Services Committee August 9, 2016)
10. Motion to approve Contract with Trapeze Software Group Inc. dba TripSpark
Technologies to implement Streets Software and Upgrades to Existing Systems. (Approved
by Public Services Committee August 9, 2016)
ENGINEERING SERVICES
11. Motion to approve award of the On-Call Concrete Repair, Concrete Construction and
Emergency Repair Services Contract to Horizon Construction, J&B Construction &
Services, Inc., Quality Storm Water Solutions, Winsay, Inc., Jamco Civil, Inc., Blair
Construction, Larry McCord, LLC., and Contract Management, Inc. Award is contingent
upon receipt of signed contracts and proper insurance Documents. Also, approve $1,000,000
to fund the proposed On-Call Concrete Repair, Concrete Construction and Emergency
Repair Services as requested by AED. (RFP 16-155) (Approved by Engineering Services
Committee August 9, 2016)
12. Motion to approve award of Bid # 16-194A for the renovations of 452 Walker Street to
Allen Batchelor Construction, Inc. in the amount of $3,220,000.00. (Approved by
Engineering Services Committee August 9, 2016)
PETITIONS AND COMMUNICATIONS
13. Motion to approve the minutes of the regular meeting of the Commission held August 2,
2016 and Special Called Meeting Augusta 9, 2016.
Mr. Mayor: Thank you, Madam Clerk, voting.
Motion Passes 10-0.
Mr. Mayor: All right, fantastic. Madam Clerk, are you as fast as Usain Bolt?
The Clerk: Not quite.
Mr. Mayor: I’m not either.
The Clerk: He’s so amazing, isn’t he?
Mr. Mayor: What it takes others 44 steps they tell him it only takes him 40 steps.
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The Clerk: Really.
Mr. Mayor: I don’t know how that works.
The Clerk: He proved it the other night. I guess so.
Mr. Sias: Is he going to be sending us a donation?
The Clerk: He might.
Mr. Mayor: If you ask, I’m sure he would. All right, Madam Clerk, it’s on you.
The Clerk:
PLANNING
4. Z-16-29 – A request for concurrence with the Augusta Planning Commission to approve
with the conditions sated below a petition by James S. Murray (Attorney), on behalf of Frank
E. Knox, to change the zoning from Zone A (Agriculture) to Zone B-2 (General Business) for
.74 acres known as 3898 Wrightsboro Road. Tax Map 039-0-071-00-0 DISTRICT 3 1. The
use of the property be limited to the proposed driveway use. 2. A plat combining 3898 and
3904 Wrightsboro Road must be presented and approved before site plan review many
commence.
The Clerk: Item number 4. Mr. DeCamp, are you, Mr. DeCamp, are you representing
Planning?
Mr. DeCamp: I am.
The Clerk: Okay.
Mr. Mayor: All right, the Chair recognizes Mr. DeCamp.
Mr. DeCamp: Okay at the Planning Commission meeting this agenda item was approved
with two conditions, one being that the use of the property be limited to the proposed driveway
with use which was the reason for the rezoning. And secondly, the second condition was that plat
containing combining 3898 and 3904 Wrightsboro Road must be presented and approved before
the site plan review may commence. As a result of further discussions we are requesting that that
second condition be changed to read that a plat containing a perpetual cross easement to the access
point to be constructed on 3898 Wrightsboro Road shall be approved and recorded including 3896,
3898 and 3904 Wrightsboro Road before the site plan review may commence. We felt that the,
combining the two lots was a little extreme in that simply establishing a cross easement for that
driveway would be the more reasonable solution to a condition related to this case. And we have
shared that information with Mr. Murray.
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Mr. Mayor: Okay all right so we’ll entertain questions but, Mr. Murray, if you’d like to
come forward. If you would state for the record your name and address.
Mr. Murray: James S. Murray, 3134 Natalie Circle, Augusta, Georgia 30909. I represent
Frank Knox in this petition to have what is now agricultural parcel be changed to business. And
he agrees to the conditions that the staff has recommended.
Mr. Mayor: Fantastic.
Mr. Hasan: Motion to approve.
Mr. Fennoy: Second.
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Mr. Mayor: All right, we’ve got a motion form the Commissioner from the 6 and a second
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from the Commissioner from the 1. Any additional questions? Voting.
Motion Passes 10-0.
Mr. Murray: Thank you, Mr. Mayor.
Mr. Mayor: Thank you.
The Clerk:
PLANNING
6. Z-16-31-SP – A request for concurrence with the Augusta Planning Commission to
approve a petition by Inman Solar Inc., on behalf of the City of Augusta, requesting a Special
Exception to establish a Solar Farm per Section 26-1 (C) of the Comprehensive Zoning
Ordinance for Augusta-Richmond County affecting property containing 188.45 acres (use
shall utilize a portion of the parcel) and known as 1731 Tobacco Road (aka 1725 Tobacco
Road). Part of Tax Map 157-0-018-08-0 DISTRICT 6.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, sir, just one or two small questions. I know this is the thing we’ve
been working on about the solar energy plan with Georgia Power. So basically this is one of our,
it’s Inman. Are they contracting with the city to do this or are they going to be working with
Georgia Power?
Mr. DeCamp: According to my information with Georgia Power but I think I mean it’s a
partnership project with Georgia Power but I would assume that they’re, you know, having
working cooperatively with the city since these two cases involve city owned property.
Mr. Sias: That wasn’t quite really what I expected to hear but ---
Mr. DeCamp: But that’s the information in our staff report.
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Mr. Sias: --- all right I’ll follow up. Ms. Jackson ---
Ms. Jackson: Yes.
Mr. Sias: --- is this the one, are they contracting with us or are they contracting with
Georgia Power.
Ms. Jackson: Inman is a vendor for Augusta so they are operating on our behalf under a
Georgia Power run program.
Mr. Mayor: All right, so you will keep going or would you like to ask some other folks
some questions?
Mr. Sias: Yes, sir, I’d like to ask one more question.
Mr. Mayor: All right.
Mr. Sias: I would ask ---
Mr. Mayor: Mark Jackson?
Mr. Sias: --- Mark Johnson.
Mr. Mayor: Johnson, all right.
Mr. Sias: I just want to know who they’re contracting with, the city or Georgia Power.
Mr. Johnson: Augusta, Georgia has a contract with Inman Solar and Inman Solar is
installing the panels. We have as part of that there was an assignment to Georgia Power for the
right to sell the power to Georgia Power.
Mr. Sias: So we’re on the hook, right?
Mr. Johnson: We have assigned those liabilities to Inman.
Mr. Sias: Okay, thank you.
Mr. Speaker: Motion to approve.
Mr. Frantom: Second.
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Mr. Mayor: All right so is the Commissioner from the 4 giving a motion to approve?
Mr. Sias: He did.
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Mr. Mayor: Okay and the Commissioner from the, he was real soft now I wanted to hear
I wanted him to be proud with it now.
Mr. Sias: I didn’t say a word.
Mr. M. Williams: I’ve got a question, Mr. Mayor.
Mr. Mayor: Okay.
Mr. Guilfoyle: Motion to approve, Madam Clerk.
Mr. Frantom: Second.
Mr. Mayor: Okay ---
Mr. Sias: I asked Wayne (inaudible).
Mr. Mayor: --- all right, hold on everybody, hold on. All right the Chair recognizes,
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Madam Clerk, the distinguished Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. I was in support and satisfied until I heard that
we was on the hook and I’m trying to find out what we’re on the hook about because I ain’t voting
for nothing that the man’s telling me I’m on the hook for. So can somebody explain in detail what
that actually means. I mean what are we approving? I thought we had a good situation here.
Commissioner Sias, can you help me out, somebody?
Mr. Mayor: All right, so I appreciate you asking that question and I appreciate you
directing it to the Chair. Mr. DeCamp, thank you, you’re in good standing. All right, Mr. Johnson,
would you approach? I don’t want you to go back to December of last year I just want you to go
back to 30 days ago.
Mr. Johnson: Okay, 30 days ago the Commission approved the contract between us and
Inman which is subsequently been assigned to Inman. So we entered the original agreement; that
agreement has subsequently been assigned to Inman. Inman is responsible to meet the timeline to
Georgia Power.
Mr. Mayor: All right, thank you for that. Attorney MacKenzie, all right from a legal
standpoint I want you to speak to the issue of liability. We addressed that in the contract and ---
Mr. MacKenzie: This is a stand-alone solar program that’s been utilized in other
jurisdictions both private and public, entities are involved and you all recall a long history of the
procurement process and selecting a vendor. This is the vendor that’s selected. They just need to
get the right zoning to be able to utilize the property in accordance with the agreement so that we
can take advantage of the solar opportunity that’s been provided by Georgia Power.
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Mr. Mayor: Okay, his question specifically is in terms of liability I want you to use that
word at somewhere in this conversation so that’s he’s more comfortable.
Mr. MacKenzie: The agreements with Georgia Power have certain requirements,
obligations and liabilities. They’ve all been assigned through this process to the vendor.
Mr. M. Williams: Mr. Mayor, my question to your attorney is that this is the best I guess
situation at this point because we had these preliminaries and now we’re here. And I heard
something I wasn’t satisfied with and I’m asking for your legal opinion to be rendered now as to
good, bad or indifferent I guess is the easiest way for me to put it.
Mr. MacKenzie: Part of the agreement was Inman is the insurance requirement sufficient
to cover any kind of default for building this situation so that would help to shield the city from
any liability in the event that the requirements for Georgia Power weren’t met there would be
insurance to cover that.
Mr. M. Williams: So my question still to you is in your opinion good, bad or indifferent.
I heard I know what the agreement said but in your opinion as our legal advisor to this government
you would say, Commissioner Williams, you need to vote for it.
Mr. MacKenzie: I’m fully supportive from a legal perspective. I believe the Commission’s
already indicated a decision to move forward with the project. I think there is adequate protection
with insurance. As you know the city’s normally self-insured so any time we have a vendor that
has insurance that’s a good legal place to be and I’m in support of it.
Mr. Mayor: All right, voting.
Mr. Sias votes No.
Mr. M. Williams abstains.
Motion Passes 8-1-1.
The Clerk:
PUBLIC SERVICES
14. Consider appeal from Sharon Bush Ellison regarding the denial of “Approval for
Employment” Adult Entertainment Independent Contractor License.
The Clerk: Item number 14 Mr. Mayor, members of the Commission, I would like to ask
if Ms. Sharon Bush Ellison is in the Chamber. Mr. Mayor, members of the Commission, Ms.
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Ellison sent a letter on yesterday requesting that this appeal be rescheduled until September 30.
Our, the city codes states that once the Clerk’s office receives the request for an appeal that one is
to be scheduled no later than five days no more than 30. With that time schedule at the next regular
scheduled meeting so I’m asking your consideration that this appeal be rescheduled until our next
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regular scheduled meeting which will be Tuesday, September 6That will give Ms. Ellison due
process and adequate consideration and accommodations for her schedule.
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Mr. M. Williams: So moved.
Mr. G. Smith: Second.
Mr. Mayor: All right, I’ve got a motion and a second but there are a variety of questions.
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All right the Chair recognizes the Commissioner from the 1, state your inquiry.
Mr. Fennoy: Yes, this question’s for Ms. Bonner. Ms. Bonner, what would happen after
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September the 6 if Ms. Ellison doesn’t show up here?
The Clerk: At that time we’ll ask the Law Department to render a ruling on what would
be your next option to consider the situation.
Mr. Fennoy: Thank you, Ms. Bonner.
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Mr. Mayor: All right the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Yes, sir, Mr. Mayor, can I direct my question to the Madam Clerk please?
Mr. Mayor: Yes, you may.
Mr. Guilfoyle: Madam Clerk, would you clarify where the section in the slicing business
regulations where it’s five days up to thirty days. I can’t, the max I can see is 14 days.
The Clerk: That’s for the Commission to render a decision.
Mr. Guilfoyle: Right, I see that but for the employee that was denied you had said that she
has from five days up to thirty days.
The Clerk: It’s our requirement to schedule a hearing once we receive the request for
consideration to be heard before this governing authority ---
Mr. Guilfoyle: Yes, ma’am.
The Clerk: --- we have five days no less than ---
Mr. Guilfoyle: Can you tell me what section it is in?
Mr. Mayor: All right, Madam Clerk, suspend. All right since he’s my attorney, I’m going
to defer to my attorney.
Mr. Guilfoyle: Okay.
Mr. Mayor: All right, Attorney MacKenzie.
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Mr. MacKenzie: I don’t have that section in front of me but we did look at this issue and
it is within the parameters of what that section says. I’m actually trying to pull it up now.
Mr. Mayor: Okay, all right, so we’re just going to pause until he gets. We ain’t got
nowhere to go but home.
Mr. Guilfoyle: I could give him my supplement.
Mr. Mayor: Okay, he’s got it on his phone. Finance Chair.
The Clerk: Mr. Sherman, do you have it okay, thank you.
Mr. Mayor: Thank you, Madam Clerk. All right the Chair recognizes Mr. Rob Sherman.
Won’t you come on up here and just talk to us.
Mr. Sherman: I’m not sure I heard the entire discussion but as far as the timeframe ---
The Clerk: The timeframe, yes, sir, the timeline to notify.
Mr. Sherman: --- okay so once the appeal is submitted to Ms. Bonner it’s to go on the next
Commission agenda. But it says that if the decision, well ---
Mr. Mayor: Mr. Sherman, the question from the Finance Chair is what section that the
code is that in and if you could point that out to us.
Mr. Sherman: That is 6-1-10B and it’s towards the end of that section.
Mr. Mayor: Could you repeat that code section?
Mr. Sherman: 6-1-10B.
Mr. Mayor: Okay, all right, very good.
Mr. Guilfoyle: Madam Clerk, you was correct. It just my documentation did not support
that that was throwing me off ---
The Clerk: Yes, sir.
Mr. Guilfoyle: --- Rob clarified that. Thank you. Mr. Mayor, motion to approve.
Mr. Smith: Second.
Mr. Mayor: I thought Commissioner Hasan was the only one who did that. All right and
I know he’ll go pull the minutes. All right, so we have a motion and a second ---
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The Clerk: To reschedule this appeal hearing to our next regular scheduled meeting which
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will be September 6.
Mr. Mayor: Very good, voting.
Motion Passes 10-0.
Mr. Mayor: So this is an opportunity, this is a departure from what the media is accustomed
to seeing, right? Having fun, laughing and I’ll tell you.
The Clerk:
ADMINISTRATIVE SERVICES
15. Discuss the Georgia Retention Schedule and city official documents. (Requested by
Commissioner Marion Williams)
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Mr. Mayor: The Chair recognizes the Commissioner from the 9 Administrative Services
Chair.
Mr. M. Williams: Thank you Mr. Mayor. I asked the Attorney on our last meeting in
committee about the not just the scheduling of our documents but who was official document
keeper and he told me that the Retention Schedule of what we went about. So I had the Retention
Schedule put on the agenda and I would love for Mr. Andrew to explain what the Retention
Schedules says versus who is the official document keeper of this government because I think
they’re two separate entities not the same.
Mr. Mayor: All right the Chair recognizes the Attorney.
Mr. MacKenzie: Sure I’d be happy to do that. It’s correct. The Retention schedule is just
a schedule of the duration of time that are the minimum requirements to keep certain documents
for this jurisdiction. As you can see there’s a number of those references in there. That does not
specifically address who is the proper entity to be the custodian of certain records.
Mr. M. Williams: Okay, Mr. Mayor, my question and the reason I put this Retention
Schedule because I asked the question who was the official document keeper, who was the person
who keeps all of the records and all of the official documents of this government. The Retention
Schedule tells you how long and what probably to keep but that was a totally different answer.
And I think Mr. Andrew himself stated last committee meeting that the Retention Schedule was
just what he quoted but my question to him was who was the official. And if I have nobody to
give me that information as of yet bit I’m pretty sure I’m under the understanding that the Clerk
of Commission is the official document keeper. And the reason this question is being asked now
because there’s been official documents that’s been signed or either have not been signed has been
kept in the Attorney’s office. And my question is why are they not in the Clerk’s office where
there’ll be readily and quickly accessed if we needed to get those records is my question?
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Mr. Mayor: All right so the Chair’s going to try to entertain a question. All right, so last
weekend this week we have before us the matter of not so much records retention but who the
official record keeper is of this governing authority is that not true that’s the question. Okay all
right Attorney MacKenzie in Code Section 1-2-61 is it not true that that code section speaks
specifically to generally the duties of the Clerk of Commission that also includes where the records
are to be kept.
Mr. MacKenzie: That’s my understanding, yes.
Mr. Mayor: Okay, is it also not true that upon final execution of any ordinances, contracts
and/or documents that a file copy is stored there generally in the Clerk of Commission’s office, is
that not true?
Mr. MacKenzie: Usually the file copy is the original ---
Mr. Mayor: That is correct.
Mr. MacKenzie: --- a version of one original.
Mr. Mayor: All right, is it also not true that from time to time there is a separate copy that
you may retain in the law office?
Mr. MacKenzie: For that kind of record, yes.
Mr. Mayor: Okay all right so if we were to go to Section 1-2-61 that speaks to the
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responsibilities because again the Commissioner from the 9 is concerned and it is a valid concern
is who is the official record keeper of this governing authority. It historically has been the Clerk
of Commission is that not true?
Mr. MacKenzie: For most documents that is correct.
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Mr. Mayor: All right so the question that the Commissioner from the 9 has then is what
are the exceptions to the most documents rule?
Mr. MacKenzie: Well, you can tell from the Retention Schedule there’s a broad category
of different kinds of documents that a government can hold. I mean there’s emails and obviously
I don’t think the Clerk’s office is going to keep a copy of everybody’s email that’s usually an
electronic record that would be maintained through the IT Department. There is a Retention
Schedule for the maintenance of emails and other electronic documents and databases. So it really
depends on the nature of the document as to whether or not it is properly housed in one place
versus another. Deed plats, things of that nature are also addressed by that they might be in a
different place than the government. I think the real root of this issue is a document that was not
approved by the Commission that the Clerk’s office apparently did not have a copy of and that I
think is a subject matter of what we’re talking about and in that instance I don’t know how the
Clerk would have a copy of it because it wasn’t approved by this body, it didn’t go through the
normal channels to be approved. And it’s not a document that we maintained either. In fact we
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did not have a copy a fully executed copy of that until much later time as well. I did go back and
pull my emails regarding that and have that information if that’s something we need to get into.
Mr. Mayor: Okay, all right, so in Section 1-2-64 our code currently speaks to the issues of
records, files, etc., in the office and in the custody of the Clerk is that not true?
Mr. MacKenzie: It’s my understanding yes.
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Mr. Mayor: All right the Chair recognizes the Commissioner from the 9 for any additional
questions.
Mr. M. Williams: Thank you, Mr. Mayor.
Mr. Mayor: Yes, sir.
Mr. M. Williams: You know when you talk about official documents for this government
and then you’re talking about emails or letters or notes or just someone just writing a statement on
something but official documents from our Legal Department and he said there’s some. I think
the Charter states very well about all of the official documents that this government ought to have
whether it be approved or disapproved. If it went through this government, if it went through his
office and I think his responsibility is to keep you and the rest of the elected board up here briefed
and informed as to all of the documents and that’s what a legal attorney does. And I don’t have
my bar license yet but I’m working on it because you all gave me a good class but I don’t
understand how he can say some documents. If they’re official documents, then all of them should
be going to the Clerk’s office so we have an official record keeper. And we just talked about all
the money we spent on the equipment to keep those documents in and how important it was and
how the records went back to the 1800’s and all those other things that she had to deal with. But
when you’re talking about emails and other stuff it’s just to throw somebody off. But it really
irritates me for our legal advisor to say such a thing in an open meeting like this. So I’m really
disappointed about it. I just think there’s some things that should’ve been handled and we need to
make sure that those documents are placed in a position or where they should be where we can
readily get access to them when we need to. So that’s just my statement but when he said some
documents if it’s a note or I mean people send emails up and down the road and the emails are
forever you can always find them and they ain’t got to be kept with the Clerk but the official
documents are supposed to be kept with her.
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Mr. Mayor: Okay, all right the Chair recognizes the Commissioner from the 9 from the
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5 first and then we’ll go to the 6.
Mr. Lockett: Thank you, Mr. Chairman. If I may I’d like to direct this to the General
Counsel.
Mr. Mayor: Okay.
Mr. Lockett: Mr. MacKenzie, is it true that our departments have records that come under
various retention schedules, is that a true statement?
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Mr. MacKenzie: Yes, that’s true.
Mr. Lockett: Okay, is it necessary that every, every time we approve something as the
governing body does that mean that the Clerk has to have a copy of that for her records?
Mr. MacKenzie: I don’t believe so, no.
Mr. Lockett: Okay and this is just a comment. We have a problem at this particular time
trying to retain the number of records we have. We are renting apparatuses and so forth to put
those records in. We’re going to have to digitize those records so we cannot keep everything but
I can understand where the Commissioner from Super District 9 is coming from. But any of those
things that deem relevant official documents the Clerk should have. But we just cannot keep
everything it’s an utter impossibility. Thank you, Mr. Chairman.
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Mr. Mayor: Thank you, Commissioner from the 5. All right I’m going to go to the
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Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor.
Mr. Mayor: Yes, sir.
Mr. Hasan: Mr. Mayor, I think we’re going down a slippery slope with this one when we
get into parse hairs about the responsibility and who’s the custodian of our records. The custodian
is clearly the Clerk’s office. Any official documents and documents that have to do with this
Commission whether they are is proved such as I believe to give an example I believe if the
Administrator has an ability to approve something up to $25,000 dollars without bringing it to this
Commission based on being her budget that a Commissioner awarded her awarded that office the
Administrator’s office I think even that document that she awards someone without the
Commission’s consent it should end up in the Clerk’s office and if somebody wants to take a look
at that. I think that we’re setting ourselves up. We keep saying she should have a copy that
department should have a copy meaning the Clerk’s office. If I’m not mistaken it’s the original
document so it’s not the copy you know so we need to be very mindful of that. To the point that
what our attorney says about why he thinks it’s inaccessible how we get to this point also he was
making reference about a contract that did not make its way, that had never been approved by the
Commission and so it obviously it wouldn’t make its way to the Clerk’s office. So the question
becomes if a contract was sat down and negotiated and never came before this body was that
attorney compensated for that, did we receive a bill for something that we never approved?
Mr. Mayor: Well ---
Mr. M. Williams: Good question.
Mr. Mayor: --- yeah it is and again that question is not germane to the question that’s
before us.
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Mr. Hasan: Well, Mr. Mayor, excuse me.
Mr. Mayor: So I mean just hold on, just hold on. Now we’ve been doing real good
laughing, joking and smiling let’s keep that going but the reality of it is you’re asking a contractual
question that is not germane to the question of records retention. So let’s take that one off the table
if you want to continue you certainly can do that.
Mr. Hasan: Well first let me, let me disagree with you first on that, Mr. Mayor. I think I
was just making a point in terms of, I’m not asking that point at this time I’m just making a
reference to that because if we never approved it and somebody shouldn’t have gotten
compensated. I’m not asking for an answer; I’m just widening the scope of the conversation
around that issue.
Mr. Mayor: Okay.
Mr. Hasan: And so we have to be very mindful of those things and make sure as the
attorney contracts things out that they make its way across us because if you look for that document
it has not made its way to the attorney’s office, our attorney’s office nor has it made its way to and
for quite some time we have been paying for a contract we never saw that never saw the light of
day. So we have to be very mindful of that because we open ourselves up for the conversation that
we’re having now and this was a good time to put that baby to rest.
Mr. Mayor: Yeah well, Madam Clerk, I’m going to take one out of the Commissioner from
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the 9’s playbook and I’m going to give a point of personal privilege on that. And that is that that
was them other folks we weren’t here then and we can’t change what was but what we can do is
set the tone for how we will conduct business in terms of this administration this governing body.
And so if we’re going to engage in contractual matters involving employees of this body, this
government then we’re going to do what’s right and do it the right way. But we can’t change what
happened in 2013. We can keep debating it, we can keep talking about it but it doesn’t add any
value to the tone that I believe you as we talk about building a model community around trust they
may not have done that but we’re going to do that. All right and so ---
Mr. Hasan: Point of personal privilege, Mr. Mayor.
Mr. Mayor: --- all right hold on just a moment hold on I’m going to come back to you
because I want to give you the last word. I’m going to go down here to the Commissioner from
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the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. I’d like to direct this question to the maker of this
agenda item. Under his supported documents he has the local government records retention
schedule. There’s 36 different items. I guess what he’s implying is that accident reports, code
violations, broadcast data logs, deeds and condo plats, deeds and right of way, can he kind of
explain. Is this the requirement of the Clerk?
Mr. Mayor: All right ---
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Mr. M. Williams: I think he directed that to me, Mr. Mayor.
Mr. Mayor: --- I know I think he did.
The Clerk: Let me add some clarity to it. When Commissioner Williams at the last meeting
requested that the items be placed on the agenda the attorney referenced the Georgia Records
Retention Schedule as opposed to the custodian of Augusta Georgia’s official documents.
Commissioner Williams asked that the Retention Schedule be placed in the Commission book
along with the code section regarding the custodian of our records, so that’s why it’s there.
Mr. Guilfoyle: Okay I just seen different categories that I never ---
The Clerk: Yes, sir, they are and the Retention Schedule just addressed the longevity of
how long we keep records depending on which record it is. Deeds or easements that are permanent
records of resolutions, ordinances or minutes or permanent contractual 20+-years. While there is
a timeline on it, 20 years, the State of Georgia really says if you’ve got the room you just keep
them. So it was only in there at the request of Commissioner Williams to show what the actual
Retention Schedule addressed.
Mr. Guilfoyle: So whether it’s the Clerk of Commission or Clerk of Courts that’s ---
The Clerk: Right.
Mr. Guilfoyle: --- what it pertains to that’s what was throwing me off when I was reading
it.
The Clerk: And all other departments too because they are subject to this Retention
Schedule as well regarding their own individual department records.
Mr. M. Williams: Mr. Mayor, when I asked for the ---
Mr. Mayor: Hold on, hold on ---
Mr. Guilfoyle: Thank you, Madam Clerk.
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Mr. Mayor: --- he still has the floor. Commissioner from the 8 are you ---
Mr. Guilfoyle: Yes sir, Madam Clerk satisfied my question.
Mr. Mayor: --- okay all right hold on, Commissioner, hold on, hold on hold on. All right
now he wasn’t debating it or debating you ---
Mr. M. Williams: I understand.
Mr. Mayor: --- he had a question he directed it to Madam Clerk and she sufficiently
answered his question as it relates to the information that’s under Tab 15 and so he’s not debating.
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Mr. M. Williams: No, no but he directed the question to me ---
Mr. Mayor: Well, he deferred it to the Madam Clerk.
Mr. M. Williams: --- and I respect our Clerk and being a lady I respected her and I let her
finish but I do have an answer and I’d like to give my answer.
Mr. Mayor: Well, I think he just got it his answer.
Mr. M. Williams: Well, he didn’t get the answer from me. He directed it to me, Mr.
Mayor.
Mr. Mayor: All right, I’m going to move on I want you to waive right now. All right this
matter, now earlier you said you had told me everything you needed say.
Mr. M. Williams: Well, I mean the question was directed to me and any issue that’s been
directed to anybody else well I just want this body to know that when I asked the attorney for the
official record keeper he gave me this answer. He gave me the Retention Schedule and that was
wrong. And I had it put back on I told the Clerk to put it back on the agenda to show that it was
wrong to talk about the Retention Schedule when I asked who the official document keeper was
for official records with this government was the Clerk’s office because that’s how it got here. Mr.
Guilfoyle may have got confused but I didn’t confuse him that just what the retention records says
that it is but that’s the answer he gave. And I get tired of straightening people out making that
kind of money. You don’t pay me for that.
Mr. Mayor: Okay, all right, you’re accurate. You absolutely did ask for who the official
record keeper is you did ask that. I agree with you. All right, Attorney MacKenzie, make due note
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of that as we move forward. The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Motion to receive this as information.
Mr. Mayor: Okay ---
Mr. Smith: Second.
Mr. Mayor: --- all right I’ve got a motion to receive as information and a proper second.
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All right the Chair recognizes the Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor.
Mr. Mayor: Yes, sir.
Mr. Hasan: Mr. Mayor, I just you know in my original comments it wasn’t intended to be
a slight of hand, mean spirited, I was just asking a question. You made a few comments around
that. You allowed me to speak to that again after you made your comments which I was clarifying
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that my intent was not being mean spirited. I was talking about moving forward I was talking also
in terms of us avoiding a slippery slope so that we could use that. You made a good first half
statement about this is a new day this is a new body but to insist that my comments was being
meant to be divisive in nature I take offense to that one, Mr. Mayor. That was not the intent. And
that’s what you say about one community or all those kinds of building a model community on
trust I think I think you’re taking my comments out of context in doing that and I’s appreciate it if
you don’t do that. I’m going to do that enough myself so I appreciate it if you don’t do that, Mr.
Mayor.
Mr. Mayor: Duly noted, Commissioner. I didn’t mean any ill will or disrespect as it relates
to your comments at all. I did not, I did not so please forgive me.
Mr. Hasan: Thank you, sir.
Mr. Mayor: All right, we’ve got a motion and a second to receive as information, voting.
Mr. M. Williams votes No.
Motion Passes 9-1.
The Clerk:
APPOINTMENTS
17. Motion to reappoint Mr. Charles Smith to the Richmond County Board of Tax Assessors.
(Requested by Mayor Pro Tem Grady Smith)
Mr. Lockett: Motion to approve.
Mr. Guilfoyle: Second.
Mr. Mayor: Okay.
Mr. M. Williams: Mr. Mayor, could we get a roll call vote please?
Mr. Mayor: Hold on, hold on, hold on. We’ve got a motion and a second to reappoint Mr.
Smith to the Board of Tax Assessors. Now I don’t know what ya’ll’s posture is but I do know that
I’ve got a tax digest that needs to be sent to Lynn Riley Commissioner of the Department of
Revenue and I know I’ve got a school board over there that needs that so that they can count on
those resources to come into their coffers that they might be able to continue educating the students
of Augusta-Richmond County. Again I don’t know what your posture is but I do know that this is
a very important matter and needs to be addressed and dealt with in the right way. It seems like
we’ve been debating this matter since April of last year. When I see your hand I’ve got everybody,
I see your hands, we’ve been debating this matter since April of last year. We were hijacked, had
our hand in a basket, had a .38 pistol put to our head. That’s the narrative that I heard, I probably
even repeated that same thing myself. Here it is a year later and we’re still having this
conversation. I’m not quite sure again what the posture of this body is but do bear in mind that
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there’s a mill rate conversation that was tied to this that the Commissioner from the 8 asked for
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earlier to make sure that you heard the presentation. We’ve got a Tax Commissioner downstairs
who is awaiting action on this and we’ve got the City of Augusta waiting for us to move forward
and if this is part of what needs to happen in order for us to get there I would hope that none of us
in our wisdom would stand in the way of that by not moving forward with the reappointment. I’m
going to go in this order. I’m going to recognize the Mayor Pro Tem since this is his item on the
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agenda then I’m going to go to the Mayor Pro Tem the Dean of Commission from the 9 then I’m
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going to go to the 5, in that order. All right, the Chair recognizes the Mayor Pro Tem Smith.
Mr. Smith: Thank you, Mr. Mayor. What I would like to do if you don’t mind I would
like to have the people from the Appraisal Board to stand so folks can recognize who you know
has to do with our taxes in the county. And I think over the period of time from what I understand
is doing a heck of a job and I think most of them there support Mr. Smith as being the Chairman.
If you would please stand.
Mr. Lockett: You want the Board of Assessors, Mr. Mayor Pro Tem, that’s the Board of
Assessors.
Mr. Mayor Pro Tem: They do a good job I don’t care if they’re on the sanitation board
stand up please and show me okay? I’m sorry I appreciate it.
Mr. Lockett: You sure have a heck of a way to show it.
Mr. Mayor Pro Tem: Okay, go ahead.
Mr. Mayor: All right everybody, all right Mayor Pro Tem?
Mr. Mayor Pro Tem: I just wanted everybody to see who does a lot of work for this county
in the background that some of them might not know or recognize and just to see how hard they
do work to get our taxes and all assessed.
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Mr. Mayor: Thank you, sir. All right the Chair recognizes the Commissioner from the 9
Commissioner Williams.
Mr. M. Williams: Mr. Mayor, I take offense to your statement a little while ago in trying
to excite fear into this body or to this elected board that we don’t know what’s at stake or what
we’ve got to do or what responsibility that this county has with the schools and the Tax Assessors
Board and the Tax Assessor himself along with our Tax Commissioner. When you make those
statements it’s as if we’re out of our minds, out of our heads, don’t know that this community’s
still going to go on regardless of what this vote turns out. And I think you’re wrong to make those
statements prior to making a vote. You may not like it however it comes out you may not agree
with it and you’ve got a right to like or dislike but I totally disagree with you for making a statement
like that as if we’re fixing to do something that’s so terrible, so wrong. And I guess you know
what the outcome is going to be because you talk as if you do. Maybe you done had some
conversations, maybe you done had some sidebars with some folks that you could make that
statement but I think that whether you like the vote whether it comes out or not but you ought to
at least call for the vote and do that. But to imply that we don’t have the fortitude to know that
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this government still has to go on and will go on regardless of what the outcome of this vote is
going to be. But I really take offense not just you or anybody making a statement like that as if
you know ya’ll better you better watch. These are not school children; they’re childlike but they
ain’t childish so I take issue with that. I think the Commissioners have the fortitude to do what
they think is right for this government and they know what is right. You don’t have to play on the
personal side. But I’m not going to sit here and let somebody act like I don’t have sense to know
the statement you made was trying to lead somebody into the direction you want them to go. Your
job is as the presiding officer is to call for the vote and do that and I asked for a roll call vote
please.
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Mr. Mayor: The Chair recognizes the Commissioner from the 5 to speak to the matter.
Mr. Lockett: Thank you, Mr. Chairman. Mr. Mayor, I agree with your comments. I’m
the only one that’s sitting up here that’s been a certified member of the Board of Assessors for
several years, I know how important the digest is. I know the quality of work that’s done by staff
and by the board itself. We may have the fortitude up here but it appears that some of us are
lacking as far as intellect is concerned. Dragging this thing on month after month after month has
had a negative impact with the employees downstairs in the Board of Assessors office. These are
good people hard working, intelligent, certified people. What we’re doing is the Super District 10
Commissioner has recommended, this is their appointee Mr. Charles Smith the current Chairman
of the Board and I think we should support that. But what we are doing, Commissioner Sias, I
respect you please give me the same, what we are doing we are playing Russian Roulette with live
ammunition in each chamber of a six-shooter and you know how that’s going to end. So I would
solicit the support of not five other Commissioners but nine other Commissioners and going on
and passing this so that they can continue their work and we can move on to something else. Thank
you, Mr. Chairman.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4 to speak to the matter.
Mr. Sias: Thank you sir. Now you know on the question of intellect it’s obvious to me
who might be a little short. But, Mr. Mayor, I would like to ask Mr. Plunkett, the Attorney for the
Tax Assessors Board, to approach the mike.
Mr. Mayor: All right you state your question to the Chair, state your question to the Chair.
All right, Mr. Plunkett.
Mr. Plunkett: Yes, sir.
Mr. Mayor: Commissioner Sias.
Mr. Sias: Thank you, sir. Mr. Plunkett, you being a very intelligent attorney for the Tax
Assessors Board in looking at the issues I have a couple of questions if the Chair will entertain
them. Since the Chairman of the Tax Assessors Board is without an official appointment as such
as of yet, has all the actions that’s been taken by the Tax Assessors Board, are they legal?
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Mr. Plunkett: I believe that his determination has been made that he is in holdover status.
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Up until April 24 he was certified. I believe that the Department of Revenue has indicated they
would not challenge any actions that he took in that capacity. If there’s a specific action that you’re
asking about I could look into that and give you an opinion on that but just a blanket assertion that
everything he did legal the presumption would be yes, but I would have to look into the specific
issues.
Mr. Sias: May I continue?
Mr. Mayor: You may, sir.
Mr. Sias: And I’m not asking you to make a blanket assertion of all things, however, you
as a representative of that board you are there at all the meetings unless you know some reason
there to assist and assure that what they do is, fits the legal criteria, am I correct in that?
Mr. Plunkett: You’re incorrect.
Mr. Sias: Say again?
Mr. Plunkett: You’re incorrect.
Mr. Sias: Okay, what is it then?
Mr. Plunkett: I am, I attend their meetings on a very limited basis for a very specific issues.
I do not attend all their meetings and do not give advice on all of their actions.
Mr. Sias: Okay but the question about the status being legal you’re saying in general you
would expect that to be true but if it’s a specific action you need to look that up, am I correct?
Mr. Plunkett: Yes, sir.
Mr. Sias: Okay so then with that being said if you take the decisions and things by the
board since I guess of the beginning of this year and you look at that in its totality is there a step
where you go from one step to the second step to the next step? In other words, is there a series
of actions that take place where as one is dependent upon the other as far as the legality and process
of the board?
Mr. Plunkett: In a sense, yes. The, I may be wrong on the date but I believe that Mr.
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Smith’s appointment was to expire April 24 or thereabouts. The Charter provides for a holdover
status for members, however the Department of Revenue requires that each member of the Board
of Assessors to be certified. That certification has a date certain on which it expires. The code
goes further to say that if a person is not certified cannot take action, I’m paraphrasing but that’s
the situation. So we have a situation of a conflict between a Charter and a state law issue. So I
haven’t looked into the question of constitutionality versus state law and general statutes but the
practical thing is that if you were to have a digest challenge would these issues be raised?
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Certainly. Would we be successful? I would hope so but the issue before us is the appointment
of someone that would clarify and resolve all of these ambiguities.
Mr. Sias: Absolutely and I agree with you. I agree with you that that would solve all these
ambiguities but my main point here is if ‘c’ is going to be illegal or improper and a, b, and c will
all happen in the same vacuum then for me how can a and b be legal?
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Mr. Plunkett: Well, you also asked from basically from January 1 ---
Mr. Sias: Basically.
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Mr. Plunkett: --- okay. So first off he was certified and duly appointed on January 1 so
he was, there was no problems with those actions. So if you’re fine tuning your answer it’s a
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question of between April 24 and today’s date ---
Mr. Sias: Okay.
Mr. Plunkett: --- I don’t know what actions he’s taken, okay? So in that sense you know
you’re talking about not only an individual but you’re also talking about a board so you’d be
looking at whether or not, it’s a lot of hypotheticals we could go into but you know if there’s eight
votes and one person is not appropriately appointed you have such to tell them it’s a quorum, yes,
things of that nature. So there’s specific questions that are hard to make a generalization fact from
but as I said it’s my understanding that the DOR was not going to make any challenges to his
actions. However, there is concern whether or not some type of action was filed would that cause
problems and you know I’m not a judge, I’m not a jury, would I defend the action if I was asked
to yes I would and would I do that in good conscience the answer is yes.
Mr. Sias: Mr. Mayor, just one last thought. Mr. Plunkett, I would say thank you very much
for indulging me in the questions that I had I appreciate your sincerity and honesty in answering
those. Thank you very much.
Mr. Plunkett: Certainly.
Mr. Mayor: The Chair recognizes the Finance Chair Mr. Guilfoyle.
Mr. Guilfoyle: Can I ask Mr. Plunkett to come back to the podium sir?
Mr. Plunkett: Yes, sir.
Mr. Guilfoyle: Mr. Plunkett, as far as this appointment I’ve never seen an appointment
that goes through so many challenges before since I’ve been on the floor. But as far as Charles
Smith he is not certified and we’ve got the tax digest coming up this week that has to be approved
by certified tax assessors. And the only way that Charles Smith can become certified if he is
appointment is by this body, is that correct?
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Mr. Plunkett: I think that we’re kind of meshing a couple of different issues together and
I don’t dwell into a whole lot, the DOR regulations. There is a process for an existing person who
is qualified and certified up until the expiration of their term. It’s my understanding that they’re
reappointed so that they have time to kind of take additional classes. Mr. Smith at this time is
eligible for reappointment because he was duly certified up until the point of his certificate expiring
is my understanding.
Mr. Guilfoyle: What happens if this tax digest does not pass this week with the Board of
Education with Augusta-Richmond County the whole shoot.
Mr. Plunkett: I would say that nothing good would come out of it so there could be various
challenges which could stop you know issues in terms of collections and things of that nature. I
truthfully haven’t tried to imagine all the scenarios of what be going on but I could say it would
not be a positive for Augusta in any capacity.
Mr. Guilfoyle: So we’re holding up one appointment to make a point. It doesn’t make
sense. Thank you.
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Mr. Mayor: The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Mr. Plunkett ---
Mr. Plunkett: Yes, sir.
Mr. Fennoy: --- before you leave how many members do we have on the Tax Assessors
Board?
Mr. Plunkett: It’s a board of eight.
Mr. Fennoy: Okay and of those eight how many members are certified?
Mr. Plunkett: There are seven members, if I may break it down a little bit easier it’s my
understanding that you have two members who would be in a holdover position. And Ms.
D’Antignac and Mr. Smith both of which have taken their certifications. You have one person,
Mr. Bledsoe I believe, who was appointed by the legislative body who is in the process of being
certified and there are five members who are duly appointed and have passed their certifications.
Mr. Fennoy: Okay and how many, does all members of the board have to be certified
before the tax digest is approved? How many members of the board have to be certified before
the digest is approved?
Mr. Plunkett: It’s my understanding, I believe it’s the majority of those to be five and then
there’s a certain action that has to be taken by their Chair.
Mr. Fennoy: Okay but does it say anywhere where the Chair has to be certified or just five
members of the board have to be certified?
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Mr. Plunkett: The Chair is elected by the Board at the first meeting of the year. It’s the
first action of their board meeting at which time the Chair is you know is then certified. And it’s
my understanding again I don’t get into the meat of what an assessor’s office does but I believe
there’s certain issues or certain certifications have to be signed by the Chair as such. So in other
words paraphrasing it if the digest is going to be submitted it is signed by their Chairman and if
they don’t have a Chairman then that comes up to be an issue.
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Mr. Mayor: Okay the Chair recognizes the Commissioner from the 6, I’ll come back to
you, Commissioner.
Mr. Hasan: Thank you, Mr. Mayor.
Mr. Mayor: Yes, sir.
Mr. Hasan: Mr. Plunkett, I don’t have a question for you but you may want to stay there.
I don’t want to put words in your mouth because I do want to make some comments around some
of the things that you, I appreciate you being honest around what you’re saying because it’s not so
much about the individual being certified at this point it’s about the board having enough people
as Mr. Plunkett just eluded to or just said rather. Even the email we received today from Ms. Mills
never did she say that the board would have a problem if Mr. Smith was not reappointed. She was
just saying that maybe somebody else would question it or sue us or whatever end up in court. She
never even eluded that this could be the same situation. If you look at it closely for me she said
the board and what that means to me is that the board itself eluded to say they had seven members
for those board members might not have been certified. The only time from what I read previously
is that a board member does not participate in a vote not necessarily because they’re not certified
it’s because they’re in bad standings period because of some their certification has been taken
away from them under normal circumstances. So really this digest I took the liberty last week of
talking to the Tax Commissioner, Mr. Mayor, to your point and the Tax Commissioner I asked
him because I figured this would come up around this. And he made a phone call he spoke with
Ms. Ellen Mills, the local Government Services Director, and he spoke with the DOR person Mark
Lord. At that particular time Ms. Mills made a reference to that she had previously had a
conversation with Mr. Smith to that point that they don’t even get into that part of it if the board is
certified they keep it moving. And if you’ll notice on the email it never said that they were going
to have a problem the state wouldn’t have a problem with it. They were looking more at the board
being certified enough to take care of the business of the people. At the end of the day I think
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we’re in good standing. Another thing I think my colleague from the 5 Mr. Mayor, made
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reference to my colleague from the 10 he has the agenda item on there but this appointment itself
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the person comes from the 7 but it don’t necessarily have to be a person from the 7 or the 10
to make the appointment, anybody can make the appointment. The person has to reside in that
district so it could be anybody’s appointment so it doesn’t necessarily have to be that person from
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the 7 or that person from the 10 I from the 6 could’ve made the very same appointment.
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Commissioner Williams from the 9 could’ve made the very same appointment so it’s not that
person’s appointment. The law doesn’t say that. Thank you, Mr. Mayor.
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Mr. Mayor: All right thank you, Commissioner, I appreciate that. All right so here’s what
I’d like to see happen. We’ve got a motion and a second, Madam Clerk, is that correct?
The Clerk: Yes, sir.
Mr. Mayor: Okay all right, Mr. Plunkett, if you’ll just stay right there you may get another
question or two I’ll tell you I don’t know. This has all been a good discussion, good discussion
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and I think we’re almost at the point where we’re ready. And the Commissioner from the 9 has
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asked for a rollcall vote. All right the Chair recognizes the Commissioner from the 9, state your
inquiry.
Mr. M. Williams: No inquiry, Mr. Mayor. I heard enough of this already.
Mr. Mayor: All right.
Mr. Sias: Call for the question.
Mr. Mayor: All right, any other questions? All right on the matter before us a motion to
reappoint Mr. Charles Smith to the Richmond County Board of Tax Assessors. We have a motion
and a second all those in favor will vote yay and those opposed will vote no. Voting.
Mr. M. Williams: I called for a rollcall vote, Mr. Mayor. Man, I’ll tell you this is really
getting out of hand here now.
Mr. Mayor: Madam Clerk, she’s going to make the roll call vote.
The Clerk: Ms. Davis.
Ms. Davis: Yes, ma’am.
The Clerk: Mr. Fennoy.
Mr. Fennoy: I’m abstaining at this time.
The Clerk: Mr. Frantom.
Mr. Frantom: Yes.
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: Yes, ma’am.
The Clerk: Mr. Hasan.
Mr. Hasan: No.
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The Clerk: Mr. Lockett.
Mr. Lockett: Yes.
The Clerk: Mr. Sias.
Mr. Sias: No.
The Clerk: Mr. Smith.
Mr. Smith: Yes.
The Clerk: Mr. Dennis Williams.
Mr. D. Williams: No.
The Clerk: Mr. Marion Williams.
Mr. M. Williams: Abstaining.
Motion Fails 5-3-2.
Mr. Mayor: Very well, let’s move on to the next item.
The Clerk:
ADMINISTRATOR
18. Motion to ratify the August 9, 2016 authorization letter to allow the Administrator to
advertise the proposed 2016 mill rates for each taxing district along with 5-year history of
the digest and to schedule date of the meeting, August 18, 2016 to adopt the rates proposed.
See Schedule of the 2016 Millage Rates and ratify at the next regular commission meeting.
Mr. Mayor: All right, Madam Administrator, Donna’s coming but I’ll recognize you first.
Ms. Jackson: Yes, this is just a routine part of the process as per state law. We have a brief
presentation to go over the status of our advertising process with what we’ve done so far and what
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is to come for the Special Called Meeting that has been issued for the 18.
Ms. Williams: Good afternoon. Tim is handing out a paper copy of what you will see on
the screen presented in front of you. This will be very brief. Georgia law requires certain processes
that you go through to set and get your digest approved before you can levy your millage rates.
The first thing that happens is that you publish your assessed taxable value. This is known as the
current digest and the 5-year history of the levy. This advertisement has to appear in the newspaper
at least one week prior to the adoption of the millage rate. Prior to this year that advertisement
had to be in the newspaper two weeks before but they shortened the timeframe between the
advertisement and the adoption of the millage rate. The second thing that happens is that you
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compute by way of state formula what is commonly referred to as a rollback millage rate. This is
the previous year’s millage rate minus any millage equivalent that would have occurred or be
added or subtracted by the reassessments during the year. At this point there is a decision process.
If the rate that the body wants to recommend is higher than the rollback rate, it triggers several
things that have to happen after that. If the rate is lower, then you go through a shortened time
period and process. This is a copy of that advertisement that appeared in the newspaper. It is the
prescribed format set forth by the State of Georgia. It contains the information in it that is required.
You cannot deviate from the language in the heading at the top you can only insert the name of
the government and the time and place that the date to adopt the millage rate will be held. I have
filled in on the far right hand column four slots up from the bottom the 9.794 General Fund Millage
Rate which was the computed rollback rate. This is just a copy of the item in the Compliance
Digest that’s put forth by the state that prescribes the procedures that you go through. In this case
we advertise the rollback millage rate. It did not, nothing exceeded the millage rate so we go
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forward with this current process. On the 9 the proposed rates were put forth in a schedule. On
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the 11 the previous ad that you saw the required history of the digest and the current year was put
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in the Augusta Chronicle. Today we’re here to ratify that action that was taken on the 9 which
allowed us to put that advertisement in the paper to get the process done in a timely manner. And
in that advertisement it advertised Thursday as the meeting date to adopt the millage rate. This is
schedule of the rates for each taxing district. Each district has a separately computed rollback
millage rate and those are listed for you on the schedule. The rollback rate which you saw listed
there is 2 thousandths of a mill higher than what last year’s millage rate was. The amount of that
change to the owner of a $100,000-dollar house would be seven cents. These are the tax cap
calculations that we also go through as a part of the exercise each year. In the General Fund you
are .836 mills lower than the tax cap computation. In Urban Services you are 15.126 below the
cap and in Fire Protection that’s a dollar amount I’m sorry up one, 17.13 mills below the cap and
in Fire Protection you’re .9 mills below the cap. What we’re asking for you do to today is to ratify
the action, the motion that was done the previous week which allowed us to advertise the 5-year
history and it also set Thursday at 9:30 a.m. as the date of the Called Meeting that you would set
the millage rate. The process after that would be that the Tax Commissioner and the Tax Assessor
take the entire digest package to Atlanta to meet with the Department of Revenue to get the digest
certified. Once the digest is certified and approved at that time the Tax Commissioner can begin
to prepare the bills to be sent out. Any questions?
Mr. Mayor: Thank you so much, Ms. Williams, appreciate it. Commissioner, the Chair
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recognizes the Commissioner from the 5.
Mr. Lockett: No, no.
Mr. Mayor: Okay, all right very good. All right the Chair recognizes the Commissioner
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from the 1.
Mr. Fennoy: Motion to approve.
Mr. Hasan: Second.
Mr. Mayor: All right, we have a motion and a second ---
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Mr. Guilfoyle: Thank you, Donna.
Mr. Mayor: --- any additional discussion?
Mr. Fennoy: I’ve got one question for Donna.
Mr. Mayor: Okay.
Mr. Fennoy: Donna, you said that on a $100,000-dollar house the tax bill will go up by
seven cents?
Ms. Williams: Yes, sir.
Mr. Fennoy: Do you anticipate any type of mass protest behind the seven cents increase
in the taxes?
Ms. Williams: I don’t anticipate one. I wouldn’t think that would show up.
Mr. Fennoy: Thank you.
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Mr. Mayor: The Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Donna, thank you for your presentation. Can you clarify on we do have
the Mayor of Blythe here in the back room to explain about the millage that we have on this
schedule for the City of Blythe please?
Ms. Williams: Yes, sir, the City of Blythe receives fire protection from Augusta. The
difference in the two millage rates hinges around the use of insurance premium taxes received
from the State of Georgia. The entire proceeds from the insurance premium tax is required to be
used in the unincorporated areas. For the former county which levied a fire protection millage rate
that was separate from the General Fund millage rate insurance premium tax was a designated
revenue source to that. Blythe is incorporated. As such they are not allowed to benefit from that
use of the revenue toward lowering the former fire protection rate that was set forth in the
unincorporated area so that rate for the City of Blythe is slightly higher than what the county
unincorporated rate for fire protection is. I’d be happy to sit down with the Mayor and discuss that
in a manner that might not bore everybody else.
Mr. Guilfoyle: Well, if you’ve got 30-minutes of your time one day in the next few weeks
---
Ms. Williams: I’d be happy to.
Mr. Guilfoyle: --- and I’ll pass this number on to you. Thank you so much.
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Ms. Williams: It’s been in place since the late 80’s or early 90’s I’d have to go back and
research that so we use the same methodology from that point forward.
Mr. Guilfoyle: Thank you, Donna.
Mr. Mayor: All right thanks to Donna as well. We have Mayor Brent Weir from Blythe
back there. We appreciate you being with us today Mayor, thank you. All right we’ve got a motion
and a second. Voting.
Motion Passes 10-0.
Mr. Mayor: All right, I know we’re getting close to the end here but we’ve got some more
business that we want to attend to in executive session. We talked about this last week and we
want to try to deal with that today. Madam Clerk, go ahead, I’m sorry.
The Clerk: It’s unanimous.
Mr. Mayor: Okay, all right.
Mr. Sias: Do we need a motion?
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Mr. Mayor: Yes, sir, the Chair recognizes the Commissioner from the 4.
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
ADDENDUM
19. Motion to approve going into an executive session.
Mr. Sias: Move that we go into executive session and what’s that terminology, Mr.
Attorney?
Mr. MacKenzie: To discuss personnel.
Mr. Sias: Move we go into executive session to discuss personnel.
Mr. Mayor: We need a second.
Mr. Fennoy: Second.
Mr. Mayor: All right, great. All right, voting.
Ms. Davis, Mr. Guilfoyle, Mr. M. Williams and Mr. G. Smith out.
Motion Passes 6-0.
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[LEGAL MEETING]
20. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia’s
Open Meeting Act.
Mr. Frantom: Motion to approve.
Mr. Fennoy: Second.
Ms. Davis, Mr. Guilfoyle, Mr. M. Williams and Mr. Smith out.
Motion Passes 6-0.
Mr. Mayor: There be no further business this meeting is adjourned.
[MEETING ADJOURNED]
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
August 16, 2016.
______________________________
Clerk of Commission
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