HomeMy WebLinkAboutRegular Commission Meeting September 6, 2016
REGULAR MEETING COMMISSION CHAMBER
SEPTEMBER 6, 2016
Augusta Richmond County Commission convened at 2:00 p.m., September 6, 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: (Inaudible) I’m really excited to be here to do the people’s business. Before
we get started I do want to take a moment to acknowledge a very good friend of this city, this
government and Interim Mayor, my friend who we sometimes refer to as Superman, the Honorable
Willie Mays. We’re excited to have you here with us on the day, sir. (APPLAUSE) I think he
would probably, if he had the microphone he would tell you he followed in his mother’s footsteps
and probably a couple of things that my good friend J.B. Powell would have to say about that he
probably followed in his footsteps. All right (inaudible) oh my goodness, the Mayor Pro Tem’s
saying you were a classmate of his. All right, thank you so much. All right, the Chair recognizes
Madam Clerk.
The Clerk: Yes, sir, at this time we will have our invocation delivered by Reverend Paul
Robertson, Pastor of the Windsor Spring Baptist Church. Would you please stand after which
we’ll have our Pledge of Allegiance to the Flag?
The invocation was given by Reverend Paul Robertson, Pastor Windsor Spring Baptist
Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Pastor Robertson, if you’ll approach. We want to recognize your efforts in
this community thanking you for your spiritual guidance and your civic leadership that continues
to serve as an example for all of us. Thank you for your broad support (unintelligible) in South
Augusta prayer and praise rallies as well. Thank you. Let’s give him a hand. (APPLAUSE)
The Clerk: Mr. Mayor and members of the Commission at this time we would have our
recognition of our Length of Service. Mr. Loeser.
Mr. Loeser: Thank you. 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 August there are 31 five to twenty year recipients and seven 25 to 50 year recipients of
which three are here this afternoon. With 25 years of service Frank Lawrence from the Fire
Department. (APPLAUSE) With 30 years of service Marilyn Newton of Park and Recreation.
(APPLAUSE) With 35 years of service James Hand of the Fire Department. (APPLAUSE)
Mr. Lockett: Madam Clerk, you’re not going to have the Chief up there?
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The Clerk: If he wants to and we’d like to ask Mr. Parker as well because he has an
employee that’s here.
Mr. Lockett: Well, that was protocol at one time.
(APPLAUSE)
RECOGNITIONS
Employee of the Month
A. Congratulations! Mr. Roy Searles, Property and Maintenance Supervisor II, Central
Services Department, September 2016 Employee of the Month.
The Clerk: At this time we would like to recognize our September Employee of the Month.
We would ask Mr. Roy Searles if he would please come forward along with Ms. Takiyah Douse
the Department Director. We’ll ask, is Mr. Miles in I believe he’s Mr. Searle’s supervisor as well
as Mr. Wimberly, is he here? He’s not here. As they make their way forward the Employee
Recognition Committee has selected Roy Searles as the September 2016 Employee of the Month
for Augusta, Georgia. Mr. Searles worked with the Augusta Central Services Department where
he’s been employed since 1998. Roy is affectionately known as the City’s Grill Master as he has
worked for Augusta Richmond County for 18 years. He has given of himself tirelessly beyond his
assigned duties and the energy and dedication he brings to the city is unmeasurable. Roy is a
Property Maintenance Supervisor II with the new Augusta Central Services Department and
previously worked with the Augusta Recreation and Parks Department. His primary duties and
responsibilities include assigning, monitoring, performing construction activities along with
coordinating the necessary permits and city resources for construction projects at the city
recreational facilities. With all of his assigned duties Roy is always willing to avail himself to help
promote a positive image of Augusta Richmond County in whatever ways he can with his master
craft, grilling. During the 2015 United Way Campaign he assisted the Human Resources
Department in numerous activities to help raise funds to reach Augusta Richmond County’s
pledged goal. This year he assisted without hesitation with the recent Mayor and Commission
Augusta Riverwalk Infrastructure Tour and the South Augusta Bus Tour where he displayed his
legendary grill skills. With the scrumptious luncheon held at the Augusta Lock and Dam Park that
received Honorable Mention in the Augusta Chronicle and from a local blogger who attended the
tour stating, the fellowship was inspiring and the cookout was fantastic. Maybe just maybe
together we can relative to a great fellowship during the tour and luncheon. The very next day
after the bus tour Roy again on another task to help prepare lunches for over 140 children and
adults from MACH Academy and the Augusta Boys and Girl Club who participated in the Mayor’s
Fishing Rodeo held at the Mayor’s fishing pond of which many had never fished before. Needless
to say the students enjoyed themselves and will never forget those days. Roy attributions is one
with a strong arm, a ready ear and a compassionate heart which he embodies throughout the giant
spirit of good will with the heavy lifting the willingness to heed to the call and a kind heart to help
get the job done. These characteristics are a true testament of his loyalty to the City of Augusta
and he is truly a great asset to team Augusta. Thanks, Roy. (APPLAUSE) Mr. Roy Searles,
Central Services Department. Dear Mr. Searles, it is with great pleasure that I congratulate you
on being recognized as the September 2016 Employee of the Month for the City of Augusta. This
recognition is well earned and is an honor you deserve to receive. The can do attitude and positive
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approach you bring to your work is exemplary. You always strive to do the best and are an
exceptional member of Team Augusta that makes Augusta best foot is always forward. Your
commitment to this government and our citizens is an example for all of us to follow. It is an
honor to join your peers in local government in applauding the efforts you put towards making our
community and this government great. On behalf of the City of Augusta congratulation on this
recognition and it is a pleasure to serve with you. I remain sincerely, Hardie Davis, Jr., Mayor.
(APPLAUSE) Would you like to comment, Mr. Roy?
Mr. Searles: Yes, I would just like to thank each of you this afternoon for coming out, my
colleagues back in the back all of them stand up back there my coworkers. (APPLAUSE) I want
to thank Ms. Douse, Mr. Miles, I appreciate you all too and all the Commissioners, the Mayor and
Ms. Jackson and others. And I want to thank the committee for nominating me for Employee of
the Month. And I’d like to thank my cousin Willie for coming out to be with me (APPLAUSE)
and all the others out there. Thank you and may God bless each of you. (APPLAUSE)
The Clerk: Mr. Miles won’t let you know but he’s Mr. Searles’ sous chef so we want to
thank him as well. Thank you so much.
Mr. Mayor: Madam Clerk.
DELEGATIONS
B. Ms. Betty English, Augusta, GA Extension Services regarding the introduction of Mr.
Campbell Vaughn, Agriculture and National Resources Agent.
The Clerk: Yes, sir, at this time we would like to recognize Ms. Betty English who will
make an introduction of the new Georgia Extension Service Agent.
Ms. English: Thank you so much and good afternoon. I am Betty English. I’m the Family
Consumer Science Agent from Augusta for the University of Georgia. And I would like to
introduce Campbell Vaughn. Sid Mullis retired and gone on to greener pastures and that’s really
not a pun but Campbell is taking his place, he started last Thursday. Campbell has two degrees
from the University of Georgia one with a Bachelor of Science in Agri-Business and a Bachelor
of Landscape Architecture. He has owned his own business of landscape architecture since 2005
and he is also part of the Exchange Club Fair so he is part of the livestock show which is a vital
part for this community and we really are excited about Campbell coming in. And I also just want
to introduce Judy Ashley. She is our boss from Athens and she’s coming down just to welcome
Campbell to our office and thank you so very much we appreciate it. (APPLAUSE)
Mr. Mayor: Mr. Vaughn, would you like to say something, that would be great.
Mr. Vaughn: Well, it’s certainly an honor to be here. I want to say that you know following
in pretty big footsteps with Clyde Lester who is my friend as well as Sid Mullis. I did internships
with both of my degrees with University of Georgia through the Extension Service and have found
it to be something I’ve had a lot of affection for. I’m excited I’m across the hall from you and I
want to do whatever I can to you know promote Augusta Georgia which is my hometown and I
think a lot of as well as promote the University of Georgia has to offer the City of Augusta and
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how we work together to make some neat things happen. So if there’s anything I can do for you
I’m right here and available so please utilize our services as best you can. Thank you very much
for having me. (APPLAUSE)
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Mr. Mayor: The Chair recognizes the Commissioner from the 5 Just stay there Mr.
Campbell, Mr. Vaughn.
Mr. Lockett: Thank you, Mr. Chairman.
Mr. Mayor: Yes, sir.
Mr. Lockett: Mr. Campbell, you pretty much said what I wanted to say you’ve got some
big shoes that you’ve got to fill.
Mr. Vaughn: Isn’t that the truth.
Mr. Lockett: But I began to feel so much better when you told me you knew Sid and that
you had worked with him before. So good luck we welcome you here and we wish you the very
best.
Mr. Vaughn: Thank you very much.
Mr. Lockett: Thank you.
Mr. Mayor: Mr. Vaughn, thank you so much. Again as Ms. English indicated you’ve only
been on the job for a few days. Probably six months into it I’m going to come back and I’m going
to ask you what’s the good word.
Mr. Vaughn: Be glad for you to (unintelligible) the good word. Thank ya’ll very much.
Mr. Mayor: Thank you.
The Clerk: I call your attention to the consent portion of our agenda which consists of
items 1-29, items 1-29. For the benefit of any objectors to our alcohol petitions once those petitions
are read would you please signify your objections by raising your hand. I call your attention to:
Item 1: Is for a retail package Beer & Wine License to be used in connection with the
location at 3671 Peach Orchard Road.
Item 2: Is for an on premise consumption Beer & Wine License to be used in connection
with the location at 3028-B Washington Road.
Item 3: Is a request for a retail package Beer & Wine License to be used in connection
with the location at 2228 Rosier 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 1-29 with no objectors to our alcohol
petitions.
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Mr. Mayor: All right, fantastic. All right at this time the Chair will entertain any motions
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to add or remove from the consent agenda. The Chair recognizes the Commissioner from the 4.
Mr. Sias: Mr. Mayor, I’d like to pull number 18, number 19 and 25.
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. I’d like to also pull item 9. I don’t have a
problem with either one of these he’s pulling. I just need some clarity on it so I don’t think that
I’m not supportive but I just need to get some clarity on item 9 and 21 and 22.
Mr. Mayor: All right, any additional motions to pull or add to the consent agenda.
Mr. Sias: Move to approve.
Mr. Frantom: Second.
CONSENT AGENDA
PUBLIC SERVICES
1. Motion to approve New Ownership Application: A.N. 16-30: request by Samratkumar J.
Brahmbhatt for a retail package Beer & Wine License to be used in connection with Sewa
Kendra LLC located at 3671 Peach Orchard Rd. District 6. Super District 10. (Approved by
Public Services Committee August 30, 2016)
2. Motion to approve New Location: A.N. 16-31: request by David Przedecki for an on
premise consumption Beer & Wine License to be used in connection with Hampton Inn &
Suites located at 3028-B Washington Rd. District 7. Super District 10. (Approved by Public
Services Committee August 30, 2016)
3. Motion to approve New Location: A.N. 16-32: request by Mi Seon Choi for a retail
package Beer & Wine License to be used in connection with E Z Grab Mart LLC located at
2228 Rosier Rd. District 6. Super District 10. (Approved by Public Services Committee
August 30, 2016)
4. Motion to approve Amendment Number 1 to Memorandum of Understanding with
Downtown Development Authority regarding reimbursements for SPLOST Projects.
(Approved by Public Services Committee August 30, 2016)
5. Motion to approve a contract with Apollo Video Technology for the purchase and
installation of Cameras and Software on Transit Buses. (Approved by Public Services
Committee August 30, 2016)
6. Motion to approve the Section 5307 and Section 5339 Augusta Public Transit grant
application between the Federal Transit Administration (FTA) and Augusta, Georgia.
(Approved by Public Services Committee August 30, 2016)
7. Motion to approve award of Bid Item 16-196 New Wind Cone, Segmented Circle and
Signage at Daniel Field Airport to TCA Electrical. (Approved by Public Services Committee
August 30, 2016)
8. Motion to approve the award of Obstruction Clearing on the approach end of Runway 5.
(Bid Item 16-197) (Approved by Public Services Committee August 30, 2016)
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10. Motion to approve a change order to increase the value of the Architectural and
Engineering services contract with Wendel Companies dated March 25, 2013 for the Design
of a Transit Operation and Maintenance Facility for Augusta, Georgia. (Approved by Public
Services Committee August 30, 2016)
ADMINISTRATIVE SERVICES
12. Motion to approve the appointment of Sterling Jones, Interim 911 Director, to fill the
unexpired term of Dominick Nutter on the Region VI EMS Council. (Approved by Public
Safety Committee August 30, 2016)
13. Motion to approve entering into a Memorandum of Agreement (MOA) between GEMA
and Homeland Security Georgia Search and Rescue Team (GSAR) #tf-3 and to authorize
the Mayor to execute the appropriate documents. (Approved by Public Safety Committee
August 30, 2016)
14. Motion to approve entering into a Mutual Aide Agreement with Beech Island, South
Carolina to provide for the protection of life and property of the citizens of Augusta-
Richmond County, Georgia and Beech Island, South Carolina and to authorize the Mayor
to execute the appropriate documents. (Approved by Public Safety Committee August 30,
2016)
15. Motion to approve entering into a Mutual Aide Agreement with Harlem, Georgia to
provide for the protection of life and property of the citizens of Augusta-Richmond County,
Georgia and Harlem, Georgia and to authorize the Mayor to execute the appropriate
documents. (Approved by Public Safety Committee August 30, 2016)
16. Motion to accept a Hazard Mitigation Grant from GEMA for the purchase and
installation of 4 Severe Weather Warning Sirens and approve the Mayor to execute all grant
paperwork. (Approved by Public Safety Committee August 30, 2016)
17. Motion to authorize award of Bid Item #16-160 to purchase Automatic External
Defibrillators to One Beat CPR. (Approved by Public Safety Committee August 30, 2016)
ENGINEERING SERVICES
20. Motion to authorize condemnation to acquire a portion of property for right of way and
temporary construction easement, (Parcel 045-4-202-00-0) 1550 Wrightsboro Road.
(Approved by Engineering Services Committee August 30, 2016)
23. Motion to approve award of the On-Call Pothole Repair, Paving and Emergency Repair
Services Contract to Blair Construction, Beam’s Contracting, and Georgia-Carolina Paving.
Award is contingent upon receipt of signed contracts and proper insurance documents. Also,
approve $1,000,000 to fund the proposed On-Call Pothole Repair, Paving and Emergency
Repair Services as requested by AED. (RFP 16-161) (Approved by Engineering Services
Committee August 30, 2016)
24. Motion to approve award of the On-Call Tree Removal Services Contract to Atlanta
Premier Tree, Big Dog, and Jamco Civil, LLC. Award is contingent upon receipt of signed
contracts and proper insurance documents. Also, approve $250,000 to fund the proposed
On-Call Tree Removal Services as requested by AED. (RP 16-156) (Approved by
Engineering Services Committee August 30, 2016)
26. Motion to approve awarding low bid in the amount of $55,486.00 to Graybar for street
light poles and fixtures for replacements/repairs in the Augusta Richmond County Urban
areas for a period of one year. Funding is available in the Street Lighting budget account
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#2760416105311640. Bid 16-142 (Approved by Engineering Services Committee August 30,
2016)
PETITIONS AND COMMUNICATIONS
27. Motion to approve the minutes of the regular meeting of the Commission held August
16,2016 and Special Called Meeting August 30, 2016)
APPOINTMENTS
28. Motion to approve the appointment of Mr. Alvin Williams to unexpired term of Mr. Phil
Joyner to the General Aviation Commission – Daniel Field representing District 4.
(Requested by Commissioner Sammie Sias)
29. Motion to approve the appointment of Mr. James A. Dean II to the unexpired term of
Mr. Quincy Jordon to the Board of Zoning Appeals representing District 4.
ADMINISTRATIVE SERVICES
33. Ratify Resolution of Condolences for the late Mayor Pauline Williams Jenkins, City of
Waynesboro, GA. (Requested by Mayor Hardie Davis, Jr.)
Mr. Mayor: Okay.
Mr. M. Williams: Mr. Mayor, if we can I’d like to add 28 and 29 to the consent agenda
unless someone has a problem with that.
Mr. Sias: It’s already on there.
Mr. M. Williams: It’s already on there? Okay, I’m sorry it is that’s right there’s the 29
I’m sorry.
Mr. Mayor: Okay, all right so here’s what we’ll do. I’d like to add number 33 to the
consent agenda but before we do that I’d like to have Madam Clerk read that into the record. In
doing that I also want to take occasion that on this past Saturday the City of Waynesboro celebrated
the life on Mayor Pauline Jenkins. The City of Augusta was represented there by Commissioner
Marion Williams, Commissioner Sammie Sias, Commissioner Ben Hasan and myself.
Commissioner Marion Williams spoke, he had been asked to speak and give remarks as a
community member. And I will tell you that Augusta would be most proud of the comments that
he made to the family and to the community the City of Waynesboro. I think all of us were quite
proud and pleased that he stood and said the things that he did about Mayor Jenkins and about the
city and the relationship that we share with them here. Madam Clerk.
The Clerk: The City of Augusta Resolution of Condolences. Whereas Mayor Pauline
Williams Jenkins affectionately known by many of her constituents, friends and colleagues as
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Mayor for All People was born in Waynesboro, Georgia on October 17 1951 to Mrs. Rosa Lee
Williams and the late Mr. Leroy Williams. And whereas Mayor Jenkins graduated from the R.E.
Blakely High School in Waynesboro she furthered her education at the Augusta Technical College,
Augusta State University, earned a Bachelor of Science Degree from Voorhees College and
Wesley University where she earned a Masters of Education Degree. And whereas Mayor Jenkins
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enjoyed a fruitful and distinguished civic career she was elected to the Waynesboro City Council
in 1993. Known for taking stands on what she believed was right for all people she was elected
by her fellow council members as the first female and African-American Vice-Mayor of the City
of Waynesboro. She served on several boards locally and statewide namely the Richmond-Burke
Workforce Investment Board formerly Richmond-Burke Job Training Authority as a member and
Board Chair from 1993 to 2014 and served as Vice-President of the Georgia Workforce Leaders
Association. She received many humanitarian honors and awards for her tireless community
service to improve the living conditions for all citizens of Waynesboro. And whereas in 2011
Mayor Jenkins made history when she was elected as the first African-American and first female
to lead the City of Waynesboro as its Mayor and was serving until her death. And whereas Mayor
Jenkins hard working ways will be sorely missed by all of us who knew her and loved her the
members of the Augusta Commission were deeply saddened to learn of the untimely passing of
Mayor Jenkins. And whereas the family, friends and colleague of Mayor Jenkins who some called
a courageous, caring and honorable woman who lived by the motto, ‘If I can help somebody as I
pass along then my living shall not be in vain’ which was exemplified through her leadership and
demonstrated through her untiring devotion that they may always remember and never ever forget
her love, concern and commitment for each of them as she shall forever live in their hearts. And
therefore it be resolved that it is with our sincere care and concern that we, the Augusta
Commission of Augusta, Georgia send these humble words expressing our heartfelt sympathy.
May you find comfort in knowing that others care and share your loss. Be it further resolved that
a copy of this Resolution be forwarded to the family and friends of Mayor Pauline Williams
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Jenkins this 3 Day of December in the Year of our Lord 2016, Hardie Davis, Mayor.
Mr. Mayor: Thank you, thank you so much, Madam Clerk. The Chair recognizes the
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Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Mayor. Since you indicated those in attendance at the funeral
I feel it necessary that I explained I wasn’t there because I was out of state. But Ms. Jenkins I
know her firsthand because I’m the President of the Georgia Municipal Association District 7 and
she was one of the third Vice-Presidents. And we worked together quite a bit we seen each other
at conferences and so forth and everything that was read a few minutes ago I can attest to it, it is
true. She was an outstanding woman, public servant and she will sorely be missed. Thank you,
Mr. Mayor.
Mr. Mayor: Yes, sir, thank you so much thank you so much Chairman of Public Safety.
All right there be no additional motions to add or pull from the consent agenda. All right.
Mr. Sias: So moved, move to approve.
Mr. Mayor: Thank you. All right, we have a motion and a second. Voting.
Motion Passes 10-0. \[Items 1-8, 10, 12-17, 20, 23-24, 26-29, 33\]
Mr. Mayor: Madam Clerk, let’s go to item 36. Madam Administrator has an individual
coming to give a short presentation.
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ADMINISTRATOR
36. Presentation Archer Group regarding the compensation study.
Mr. Mayor: Madam Administrator.
Ms. Jackson: Yes, Mr. Mayor, thank you very much. Today we have Chip King who is
the Project Manager for our Compensation Study. As you all recall, you approved money in this
year’s budget to begin the process of a Compensation and Classification Study. Subsequent to that
you all approved this particular firm to do our study. I want to give Mr. King an opportunity just
to introduce himself and talk a little bit about the background of his firm. Really it’s just about a
five to seven-minute overview of his qualifications as well as his approach to this work and he’ll
respond to any questions that you all have.
Mr. Mayor: Mr. King.
Mr. King: Thank you very much. On behalf of the Archer Company I appreciate you all
having us here today and more importantly we appreciate the opportunity to work with Augusta
on this very important undertaking for the city. We are onsite working as we speak today we’re
kicking off the process. This morning we met with department heads and constitutional officers
and wrapped that meeting up with a short presentation to the departmental H.R. representatives
and really what this represents is the first kickoff process of this study. Just to tell you a little bit
about the process that we’re going to take and a little bit about the Archer Company we’ve been
doing this type of work for about 30 years now. The Archer Company actually is founded and
headquartered out of Rock Hill, SC right up the road but we’ve got a very strong presence here in
Georgia. Myself I’ve been the head of the Georgia office now for 10 years. We’ve been working
in this area for at least 20 so we’ve got a lot of experience in the local government and public
sector market surrounding Augusta on both sides of the river and working with organizations large
and small. This is what we do for a living. We are niche company that specializes in doing pay
studies, classification and compensation analysis for local governments. I like to tell people we
have clients that have 15,000 employees. We have clients that have five employees and everywhere
in between so we’ve got a lot of experience and a lot knowledge and expertise in understanding
local government but it’s also important for you all to know and understand that we don’t come in
with any preconceived ideas. We seek to come in and understand this organization, understand
how Augusta organizes its resources, how you provide your services and how you structure your
departments and ultimately how that affects the responsibilities of the 2,800 employees that work
for you. In order to make sure that we give you a good objective analysis of each position and to
give you fair unbiased recommendations as to how they should be treated in the pay plan.
Generally speaking, what I’ll tell you high level about our scope of work and I’ll be glad to answer
any questions. We are here to help Augusta develop a pay plan and in that pay plan, in that process
there’s really two primary questions that we’re seeking to get answered for you. The first question
is whether or not employees are properly classified in relationship to the duties and responsibilities
of the position, the complexities of the work they perform, the authority and responsibilities that
they have in their jobs to the organization. And the second question has to do with the
competitiveness of Augusta’s pay ranges and where you want to be in the market. And as we go
about developing and accessing those questions and ultimately answering those questions we’ll be
able to put together a recommendation that will come to this council for a fair, balanced and
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competitive pay plan moving forward. We ask your patience in this process; the study’s expected
to take not quite but the better part of the next year. The timeframe for completion is targeted for
the summer of 2017. We’ll be working with management and with Human Resources in between
them engaging employees and departments at different levels at different steps on the way but
ultimately we’ll be coming back to you and be accountable to you for the recommendations that
we make. I’ve got information I’ll be glad to share with ya’ll if you’re interested, be glad to share
that via email if you want some more information about our systems and our processes. The thing
that’s important for you all to know is that we put together a methodology and we use systems that
have long since proven to be valid and reliable in answering these questions for the organization.
So as we bring forth our recommendations for Augusta you’ll have a fair amount of confidence
that the systems used to develop the recommendations are sound and they have their basis and
objective analysis and that the professionals that have worked with Human Resources and
Management to put forward the recommendations have the expertise in this area, the knowledge
and understanding of public sector and an eye towards tailoring our recommendations towards
your needs here in Augusta so that you’ll have the best of both worlds in that process. With that
I’ll defer to any questions otherwise I’ll be conscious of your time and just offer that if at any time
you all have any questions I’ll be glad to answer them along the way.
Mr. Mayor: Thank you so much, Mr. King. The Chair recognizes the Commissioner from
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the 9 for a question.
Mr. M. Williams: Thank you, Mr. Mayor. Mr. King, King’s your name is that right?
Mr. King: Yes, sir.
Mr. M. Williams: Thank you, Mr. King, for your comments and you answered one of my
questions in revealing the strategy with us and you said it would take about a year to do this study,
is that right?
Mr. King: A little less. We’re staring now as we speak and we’ve got a timeline that
carries us towards completion in May and June of next year.
Mr. M. Williams: And in that years’ time you said you said you’d be talking and discussing
with our employees here, is that I mean I don’t know anything about the study don’t strap me with
that one I just I’m just trying to figure out why we don’t compare and I’m not saying we don’t but
what I would do compare other cities our size and the work that they’re doing compared to what
we decide we are and what we’re doing. I heard many times that the Mayor talked about longevity
and being the Dean of the Commission or whatever I’ve been here and I heard about the national
average. And when I hear about the national average I look at the income or the economics that
we have coming in the resources we have to pay the national average. If the private sector is not
paying the national average or maybe paying the national average, if we don’t have those funds, I
guess I’m asking you what good would a study do if your study came back and we need to be
paying the national average but we don’t have the resources to do that. So I know I said a lot but
can you help me out with what the national average is and how we compare with other cities that
you know about since you’ve been in it about 10 years?
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Mr. King: Absolutely I’d be glad to. I did hear a couple of questions in there so let me see
if I can break them down and if I’ve missed any afterwards please bring them back up. Generally
speaking, it’s a both. You asked me about the comparison of the employees and the duties and
responsibilities that they’re performing which is yes, that’s something that we look at. But then
you also compared and contrasted that to what other organizations are paying and that’s part of the
process as well. So first we look internally to make sure jobs are properly classified based on the
work that they’re actually being asked to perform. As you can imagine it’s been I think we said
the last time you did a study was 17 years ago. There’s been a lot of water under that bridge since
that time. Jobs have come and go, the organization’s been through some changes. You look at
the economy in the last eight year’s things have been on hold so positions may have gone unfunded
or unfilled but the work didn’t stop so other positions had to pick up the work and things like that.
So the first part of the process to answer your question is yes we’re looking internally at what each
of your positions are doing, what they’re responsible for and what the complexities of that work
are, that’s part of our equation. The other part of the question also though is yes we will be looking
to other organizations to find out what the competitive wage and salaries are for other organizations
that do similar types of work with whom you’re competing with. Now as far as the national
average and the comparison to the national average honestly that doesn’t really enter into any type
of analysis that we do. What’s more important to us is to look at your market specific to Augusta,
who do you compete with, what are the other organizations mostly on the public sector side that
tend to be the ones that either draw employees away from or employers that you might pull
positons from but otherwise influence the rate of pay for your organization. We look at other
organizations that are similar in terms of structure, in terms of relationships to Augusta to make
sure that the market makes sense for what they do. But it’s not simply looking at basic
demographics or the size of the organization or national numbers. It’s really looking at finding a
market that specific to Augusta. Who do you compete with? What are other prominent employers
that your employees can go to work for that you can draw from and what are the prevailing wages
within the market that you compete for employees as you bring them in? Now some of that is
private sector and so they’ll be a balance somewhere. You know typically focus on a public sector
comparison predominantly because of logistics and because of practical application. A lot of the
jobs you have in Augusta are jobs that only other local governments do and because of that you’ve
got make like for like apples for apples comparisons. But there are some jobs that you might have
that are reflective in the private sector market and we’ll try to capture that as well. Ultimately
we’re going to try to find a good balance for you all to find out where you all need to be. The last
part of your question I think that I should address there’s two aspects of that. One is defining the
market that we’re going to compare you to but the second part of that question is trying to
determine where you want to be as an organization relative to that market because your competitors
are your competitors regardless whether you’re paying better than them or barely keeping up. The
idea is to understand what the prevailing wages are for that type of work. Then the question is
from Augusta to the Augusta government and to management and to the council for direction as
to where you want to be within that market and relative to that market. Is this an organization that
wants to be leading the charge and at the top of the market or because of finances and constraints
is it enough simply to keep up and not fall too far behind. The answers to that haven’t been
determined yet we’ll be working with you all to determine that. But a large part of that is tailoring
the answer towards your needs and working within your constraints.
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Mr. M. Williams: I appreciate those comments. Let me throw one other thing out and that
is that today I met a young man who works for an enterprise, he don’t work for Utilities, Tom, it’s
a different enterprise. But by having several enterprises that are totally different from this regular
government our regular funds that we pay out of that had been brought up or had been given a cost
of living and other raises or even the compensation that they justly should have because we say
we’ll we can’t save the ones on the right so we let the one’s on the left suffer as well because we
don’t have we can’t do everybody. So I hope that study that you’re doing will include some of
that so me as an elected official will be able to compare those and see how we need to get out of
that box that we’ve been in for a long time. So those are my comments, you don’t need to answer
that I think some of my other colleagues may have some questions but I did want to put that out
there. Thank you very much.
Mr. King: Thank you very much.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 8, Commissioner
Guilfoyle for a question.
Mr. Guilfoyle: Mr. King, I’m listening to words you had, was speaking; I appreciate the
questions that you or the answers that you gave Mr. Williams. Your whole study’s based on work
performance or what the classification is, what their duties basically on our 2,800 employees, is
that correct?
Mr. King: That’s the foundation of the analysis that we do for developing the pay plan.
Mr. Guilfoyle: All right that way you could make sure they’re properly classified?
Mr. King: That’s correct.
Mr. Guilfoyle: All right is this kind of like zero based budgeting what everybody’s
accountable for, their job duties, skills and they set forth in the right pay scale?
Mr. King: It’s an interesting comparison but I don’t know that I’ve heard. I guess a lot of
the same mentality in the approach to a zero based budget would be the same. And what I mean
by that is when you do a Classification and Compensation Study you pretty much throw everything
else, throw everything up in the air and let it sit back down into its proper place. So you do a very
detailed analysis of all of the positions to determine what they’re doing. We don’t look to the
history in what they were or what might have happened or what they could be it’s what are they
responsible for performing now and how does that relate to the overall structure of the organization
and make recommendations from that standpoint. If I understand your analogy, I guess that would
be the most appropriate comparison.
Mr. Guilfoyle: Let me ask you a scenario. Let’s say that somebody’s put in a classification
of 57 and they should be in a class 55, what do you do at that moment based on their job skills
classification and duties?
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Mr. King: Well, there’s a lot of different things you can do and ultimately how you
implement our recommendations will determine that. But generally speaking what you’re hiring
us to do is to make that determination. Is that job that is a 57 properly classified and the
recommendation might be that we come back and say no it’s over-graded it needs to be in a grade
55 and we’ll make that correction based on an objective analysis of the position. Of course it may
also be that we go the other way we could say that job in 57 needs to be in 59. It could be that
there’s not a paygrade change but there’s a different classification all together that would make
more sense. So there’s not a right or wrong answer, it’s not a predetermined effort but what you’re
asking would be one part of what we would do making sure they’re properly classified.
Mr. Guilfoyle: One last question when you speak of the private sector which I come from
the private sector you look at the corresponding pay scale between the government versus the
private sector. Are you basing the private sector off the Davis Bacon Wage Scale?
Mr. King: No, when we talked about making comparisons to the private sector we’re in
essence talking about direct information from the private sector about pay and the market. So
generally speaking when you’re gathering private sector data you look at published sources.
There’s a lot of different variety, a lot of different organizations that compile private sector data.
And what I’m talking about is a very base level is you’ve got a job in Augusta that’s an Accountant,
it requires a degree, so much experience, it’s doing a, b, c, d and e so you look within published
sources of information that say other accountants with those same requirements the same
responsibilities in the Augusta area have a minimum average or maximum pay of x, y, z and that’s
the type of information we look at.
Mr. Guilfoyle: And that includes fringe benefits from the private sector versus (inaudible).
Mr. King: The short answer to that is no we focus specifically on the wages and salaries
and that’s true on the public sector as well. The question always comes up about benefits and
where you fit in. Traditionally speaking the comparison private sector to public sector has been
that public sector does not pay as much but the benefits are better, that’s kind of a traditional
blanket statement that everybody seems to hold as true. What we’ve honestly found though that
is over time that difference between private sector and public sector benefits has actually eroded a
bit with the advent of HMO’s and PPO’s and things like that. The benefits packages being offered
in the private sector on health insurance tends to mirror what’s being offered in the public sector.
Differences in paid leave, things like that, tend to be less of a difference, they still exist the
difference definitely still exist but the differences seem to be less pronounced. You do see
differences in things like retirement, pensions stuff like that. And then of course the other thing
that you’ve got to understand is in the private sector you’re grouping a large number of
organizations with different characteristics together. Are we talking about the ABC Corporation
that’s headquartered in Augusta or are we talking about the Mom and Pop gas station of the corner
of Washington Street? Where does it fit in and obviously the answer is in terms of benefits and
things like that are going to vary and that’s why you look for published sources for private sector
data. When you look at the public sector market you tend to define it more like organizations so
you’re looking for other regional governments that are centered regionally such as Augusta is that
have similar characteristics and things like that and that tends to balance it out and play itself out.
It’s never an exact equation benefits to salary. I always say it’s a yes and your wages need to be
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competitive, your benefits need to be competitive. And as long as positions are properly classified
your wages are competitive and that doesn’t mean they have to be at the top of the scale but they
need to be within tolerances. As long as your benefits that you offer across the board are
competitive within tolerances all three components are in place, your pay plan will be sound
reliable, fair and objective.
Mr. Guilfoyle: I definitely appreciate the answers you have given me. Mr. Mayor, thank
you for your time.
Mr. Mayor: Thank you, Mr. Chairman, thank you. The Chair recognizes the Chair from
the Engineering Services Commissioner Fennoy.
Mr. Fennoy: One quick question, I noticed that you mentioned that when you’re doing
your compensation study you look at the work that’s being done by the individuals. Would the
length of time they’ve been on the job be factored in?
Mr. King: It does get factored in and the extent to which it gets factored in will be one of
the variables that we bring back to the board in terms of implementation at the end of the study
and in terms of ongoing maintenance after the study is completed. The important thing for you all
to remember is, is that this study will help you develop a pay plan that is fair, objective and
balanced. But it is not a static document; it is a living breathing document that needs to be
maintained over time. And so one of the focuses will have to be is not just bringing everything up
to date today. It will be maintaining it over time in developing your employees and moving them
through the ranges over time. Longevity may be one of those factors but before we get to that
point what we do is we take the person out of the position and try to understand what does that
position require. And based on what that position requires whether it’s somebody that’s been there
for ten years or for two weeks that job is the job that you are funding through your budget process
and that you are seeking to fill. So we need to make sure it’s classified properly, placed in the pay
plan at the appropriate level with a pay range that’s competitive. How you fit that employee based
on longevity based on performance, based on different skills and what they bring to the table will
vary somewhere within that competitive range but we’ve got to first establish that competitive
range.
Mr. Fennoy: Okay and one last question. Earlier you mentioned that I think this is the first
time a compensation study’s been done I what 17 years?
Mr. King: That’s right.
Mr. Fennoy: Okay, how often do you recommend that municipalities do a compensation
study?
Mr. King: As a consultant that does this I think they should do them every day. And an
honest answer and a sincere answer to your question generally speaking it depends on the amount
of change and the amount of attention you give the pay plan over time so let me fast forward to a
couple of recommendations. Generally speaking, one of the things that we’re going to recommend
to this council a year from now as you know assuming you adopt the recommendations and move
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forward will be that every year you’ll need to give some consideration to adjusting the pay ranges
as necessary, and let me change that to say if necessary as it reflects what’s going on in the market.
Every year as changes in positions and responsibilities occur as departments reorganize, positions
get added, as positions get changed from one focus to another you may need to revisit the
classification of that position. Those things are general maintenance that should happen on an
ongoing basis. If you do that, here’s what I’ll tell you generally speaking about your pay plan
there will not be a need to do a thorough comprehensive study such as this once but every five to
ten years at the most. Most organizations tend to focus more on the ten-year frame provided that
they’re keeping everything up to date in between then. Generally speaking, if you keep the ranges
up to date with what’s going on in the market what we would recommend is that every three to
five years you consider some sort of more comprehensive update. It’s a much smaller scale of this
type of study where you do a market analysis you do a survey and you look at whether or not the
market has shifted for certain positions and things like that. But if you maintain it up to date and
keep it up to speed there’s no reason why a pay plan can’t actually last you a lot longer. We’ve
got some organizations that we worked with for 20/25 years now that had one original study such
as this and periodic updates you know three maybe five years and they’re able to maintain it
consistently over time.
Mr. Fennoy: Mr. Mayor, I’ve got one more last question.
Mr. Mayor: Okay.
Mr. Fennoy: Say a paygrade 25, should a paygrade, should a person that’s at a pay grade
25 in one department salary be any different than a person that’s a pay grade 25 in another
department?
Mr. King: There’s too many variables to answer that question properly ---
Mr. Fennoy: Okay.
Mr. King: --- longevity, performance, skills, training, expertise all of these are things that
should factor in where in the range an employee might fall. What is true is that if an employee in
Department A is doing the same work as an employee in Department B those two jobs should have
equity in the way they are classified and placed in your pay plan. So to go about it from a reversed
angle from what you’re saying if I find that you have two positions in different departments doing
the same work and in your current pay plan one’s in a paygrade 25 and the other’s in a paygrade
30 we’re going to call that an inequity. We’re saying they’re doing the same work and they should
be properly classified on a comparable basis. They should have the same classification and they
should be in the same paygrade relative to the position itself. So if we were to find that you would
expect our recommendations to give you a classification for both of those positions that’s the same,
place them in the same paygrade and that would give them the same salary range. Where the
individual employee that happens to fill that position falls is going to function tenure, longevity,
performance and all those other things that might factor into the value of the employee.
Mr. Fennoy: Thank you.
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Mr. Mayor: Thank you, Mr. Chairman. The Chair recognizes the Commissioner from the
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6, the Chair recognizes the Commissioner from the 6 for a question.
Mr. Hasan: Thank you, Mr. Mayor, I was going to pass but since you insist. Go back one
of my Mr. King?
Mr. King: Yes, sir.
Mr. Hasan: Much earlier it was asked about an example of an employee falling into
classification 57 and then you also if that person who became a 55 based on your study. What
happens from there specifically around pay if the person at 57 what happens from there per your
suggestion ---
Mr. King: Generally speaking ---
Mr. Hasan: --- your recommendation.
Mr. King: --- generally speaking what you’re asking is what would happen to the
individual employee that happens to be caught in that circumstance. Our recommendation and we
need to work through management with this is generally speaking that anytime you do a pay study
like this there are certainly a lot of challenges associated with it and can create a lot of concerns
for morale and stuff like that. One of the easiest ways to ease that and to set the ease of the
employee, put employees at ease is to simply say and it’s a standard recommendation is that
nobody will lose pay as a result of this study. So if we were to come back and say yes this position
is over classified and needs to be lowered generally speaking that employee their position would
fall back down here but their, we would recommend that you keep they pay the same, no harm to
them and it would be corrected through attrition.
Mr. Hasan: What about just the opposite?
Mr. King: If we find that their salary is below, it’s certainly the minimum of the range we
recommend to us it’s a no brainer recommendation you’ve got to bring them up to at least the
minimum of that range because what we’re saying by default is the least value that anybody doing
that work should make is ‘x’ anybody below that should be brought up to that level. Whether or
not we spread them beyond that end of the range is a question we’ll work with management, talk
about in terms of funds available and stuff like that.
Mr. Hasan: So that definitely would work for as well for 57 and you determine through
your study that I’m a 59 so we know that’s a no brainer.
Mr. King: Yes and no. It may be that the salary you have is already within the range of a
59 and so if that’s the case the recommendation may mean that you don’t get anything as a result
of that process but at least your classification’s correct and the pay range is correct.
Mr. Hasan: Thank you, Mr. Mayor. Thank you, Mr. King.
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Mr. King: Yes, sir.
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Mr. Mayor: Okay the Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Chairman. I was hoping that the General Counsel was going
to get involved because they’re getting this young man involved in potential litigation. I think that
should be separate and apart from what we’re doing today. In reference to my colleague
Commissioner Fennoy I think what he, one of the last questions he asked you was about having
an employee, two employees, their grade level’s the same, their education’s the same, their work
experience is the same, everything is identical except the compensation. Now why should one
person that’s working for an enterprise fund because they are financially stable get more money
than somebody getting paid out of the general fund because we are working on breadcrumbs.
Mr. King: That’s your question?
Mr. Lockett: That’s one of my questions.
Mr. King: Generally speaking we would agree that they shouldn’t.
Mr. Lockett: All right.
Mr. Lockett: The source of the funding at the end of the day our approach is that you’ve
got 2,800 employees that are Augusta employees ---
Mr. Lockett: Right.
Mr. King: --- regardless of the funding source, the line item that they happen to fall in,
regardless of the constitutional nature of the office they hold or, no I shouldn’t say that not the
office they hold but the office that they work for or the department that they work for at the end of
the day they’re an Augusta employee and we’re going to approach all 2,800 positions from the
same standpoint and we will not make recommendations that differ. Now in fairness in truth and
advertising so you know a study like this does not always correct any existing inequities that you
may already have simply because sometimes you know the solutions to inequities like this is not
to bring everybody up here you know sometimes it might be that you’ve got to bring people down
but you’re not going to do that. So understand that this may not correct all of the existing employee
to employee inequities but what it will do is give you a foundation for making sure those equities
don’t persist and continue in the long run.
Mr. Lockett: Play the role of a manager for a minute and you’re a manager. One of your
employees that’s working 37 ½ hours a week but you give one of your employees’ additional
duties and give that employee a huge pay increase. So if, if this employee can assume all these
additional duties, get the pay increase and is still working 37 ½ hours a week, what would that tell
you as a manager?
Mr. King: I think that’s a loaded question that I’ll probably step around. Generally
speaking, you bring up scenarios though that we do deal with on a regular basis every time we
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approach a study like this and certainly over time as we maintain plans. One of the things that we
see a lot of in as we maintain and work with an organization after a study and to maintain the pay
plan in the long term is they’ll reassign duties and responsibilities. And the first question we want
to know is who did that work before because if you took it from here and put it here then you’re
impacting two jobs not just one. So we try to help you without speaking to that specific scenario
and trying to stay out of the politics what I will tell you is we try to help you anticipate those types
of scenarios, we try to partner with H.R. and give them a better understanding of how to address
them. And the other thing I’ll tell you is the only thing, the only bit of comfort I can give you in
that type of scenario is understand that you’re not alone and you’re not unique in that. I deal with
counties and cities all across the country, public sector large and small and a lot of these types of
issues are common and somebody else has walked that walk before ya’ll so hopefully we’ll be able
to bring that experience to bear in helping you deal with them.
Mr. Lockett: If you look at a position ---
Mr. Mayor: Chairman Lockett, if I may just for a moment just for a moment the question’s,
if you’ll suspend for a moment the questions have been excellent. I think this is good. Today’s
goal was to simply present Mr. King to you and for us to be informed that there is a compensation
study that’s essentially going to take a year long process. I believe Mr. King is on site today and
will be here for the next year. What I would ask again given that there’s a lot of business we still
have left to attend to and this is important I want to make sure we be respectful and give everybody
an opportunity to ask questions but knowing that he will be here and that this was simply just an
introduction to him and his company might I ask you to parlay those questions for a later time so
that you can really delve into more of his methodology in terms of this. This is an action that this
body voted to support. I think without question if you look at where we are and have been over
the last several years as a government serving with pride in our time and our administration and
others who are here their salary compression, there’s questions about the current structure whether
there are too many classifications, etc. etc. So let’s give him an opportunity if you will, if you
will, sir.
Mr. Lockett: Well, I do have a problem with that because all I asked for was fair an equal
time and I know all of my colleagues have had a heck of a lot more time than I did. And lastly
when he comes back with the study I won’t be on this body I won’t have an opportunity to ask him
questions but I will just step aside per your request.
Mr. Mayor: I appreciate that Commissioner, I appreciate your leadership, thank you. All
right, thank you so much, Mr. King.
Mr. King: Thank you all for your time.
Mr. Mayor: All right.
Mr. Guilfoyle: (Inaudible) receive as information.
Ms. Davis: Second.
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Mr. Mayor: All right we’ve got a motion and a second to receive as information. Voting.
Motion Passes 10-0.
Mr. Mayor: Madam Clerk, why don’t we do this. Let’s go ahead and take item 30 and then
we’ll come back to the ones that were pulled and add it to the regular agenda. Let’s go ahead ---
The Clerk: Okay.
Mr. Mayor: --- and do that matter.
The Clerk:
PUBLIC SERVICES
30. Consider appeal from Sharon Bush Ellison regarding the denial of “Approval for
Employment” Adult Entertainment Independent Contractor License. (Deferred from the
August 16, 2016 Commission Meeting)
The Clerk: Ms. Ellison is here in the Chamber and I think Planning and Development, Ms.
Melanie Wilson and Mr. Rob Sherman. Ms. Ellison has given us her position paper however we
do not have enough copies so I will have it put on the projection screen.
Mr. Mayor: Okay, all right okay everybody here’s our posture. This is a matter that is
under appeal. There was an effort to have this heard some weeks ago, we were unsuccessful in
that. We’re now going to give the privilege to Ms. Ellison to be heard and as we hear that you will
have opportunity to ask any questions. And we also want to make certain that we have Ms. Wilson
and our folks from Planning to be able to speak to the issue from a statutory perspective about
what our ordinance says and then we’ll be able to make decisions in that order. All right, Ms.
Ellison. Ms. Ellison again if you’ll state for the record, give us a moment we’re going to place
this on the screen at which point we’ll recognize you to state for the record your name and your
address and we’ll go from there okay in the terms of what you’re requesting. All right, Ms.
McFarley, if you’ll go ahead. Okay, Ms. Bonner, so this background information that we handed
out or not being handed out when did we receive this?
The Clerk: Prior to (unintelligible).
Mr. Mayor: Okay, okay.
Ms. Jackson: I have one more extra copy if that will help.
The Clerk: No, ma’am.
Ms. Jackson: Okay, I apologize.
Mr. Mayor: All right okay all right, Ms. Ellison, proceed.
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Ms. Ellison: Yes, good afternoon, good evening to the Commission, I appreciate you all
for allowing me to present my appeal here today. Of course I want to just go ahead if you would
allow me ---
Mr. Mayor: Again if you’ll state your name, your address for the record.
Ms. Ellison: Yes, sir, my name is Sharon Bush Ellison, my address is 2838 Pepperdine
Drive Hephzibah Georgia 30815 for the record.
Mr. Mayor: Thank you, continue.
Ms. Ellison: I wanted to if you all would please allow me I just want to go ahead and stay
straight and read through my appeal it will not take as long as the gentleman did so I’m sure I’ll
be fine with that if you all would appreciate that. I don’t want to stray or ramble off course and I
want to stay you know present everything that I’ve prepared so that you all can get a clear
understanding of what it is I’m trying to ask and what I’m presenting in my appeal and I will read
rather quickly.
Mr. Mayor: You have seven minutes.
Ms. Ellison: Yes, sir. On or around May 12, 2016 Sharon Bush Ellison submitted a notice
of her intending employment as an Adult Independent Contractor for purpose of private parties on
forms supplied by the License and Inspection Department. She received a document entitled to
Whom It May Concern informing that she had applied for a bar card with Augusta Richmond
County License and Inspection’s Department. I was told that she used this document as a
temporary bar card until she is contacted to come back to the License and Inspection’s Department
to complete the process of getting a permanent bar card. On or around June 2, 2016 Sharon Bush
Ellison received an email informing that the application for a bar card had been denied from one
posing as Pamela Isaac. Appellate applied to Robert Sherman, Director of the License and
Inspection Department, for a hearing. He failed to conduct the requested hearing as of August 7,
2016. The Director failed to approve or deny the request for a license to work as an independent
contractor in writing for the purpose of conducting private parties submitted by Sharon Bush
Ellison. Sharon Bush Ellison has submitted her appeal of a Denial for Employment by the Director
to the Commission the appeal of which is the question of the September 6, 2016 meeting. It is
herein requested that the Commission issue a decision based on all of the following: On or around
August 16, 2016 the Commission held a meeting on the above matter. Sharon Bush Ellison before
said hearing did file a timely notice informing that she would not be attending the meeting and
requested a date more attune to September 30, 2016 in her original August 8, 2016 appeal of denial
of approval of employment. The appellate after locating the official side of the Commission was
unable to locate the official minutes of any meeting that was held on August 16, 2016. Sharon
Bush Ellison proceeded her (unintelligible) appellate does not waive her right to request said
minutes be reduced to writing if necessary for purpose of appeal. There was an interview with
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Robert Sherman with the Metro Spirit on the 24 of August 2016 to my understanding and these
were the issues that were brought up by the Director of the License and Inspections Division Mr.
Sherman. The pending matter of Sharon Bush Ellison her request to work private parties and about
how she has failed to list a place of employment for issuance of a bar card. The pending matter is
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clarifying in regards to the conclusion of an erroneous fact by Director Sherman who has stated
that Sharon Bush Ellison wants to “basically go to people’s houses and be a stripper”. The pending
matter is that the ordinance prevents Sharon Bush Ellison from working as a dancer in Augusta
unless she accepts employment at Discotheques, Fantasy Showgirls or Vegas Showgirls. The
pending matter is that the Commission has mentioned in some way or another that the alcohol
ordinance or the reason for the requirement to be licensed to dance at Discotheques, Fantasy
Showgirls or Vegas Showgirls. The pending matter is that Director Sherman has stated “if exotic
dancers were allowed to receive independent licenses and perform in private residences the city
would be unable to properly monitor their actions”. The pending matter is that Director Sherman
has stated “loosening restrictions for exotic dancers across Richmond County could cause serious
consequences down the road”. The pending matter is that Director Sherman has stated “it’s kind
of like saying prostitution is legal, come get a business license and you can go to work”. The
pending matter is that Director Sherman has stated “the only problem is if she’s currently working
as an independent contractor at a private residence she is clearly not following the city code”
Sherman stated. The pending matter is that Director Sherman has stated “she is appealing to be
an independent contractor is what she says” Sherman says “now there is a section in Adult
Entertainment ordinance that says you can only have a bar card issued at a permanent
establishment which are the three bars downtown but it also says you will be treated as an
employee even you are an independent contractor “however that doesn’t mean that a person can
apply to an “independent contractor” and work outside one of the permitted adult entertainment
establishments, Sherman explained. “She is not reading the entire ordinance; she only reads what
she wants it to say”. Moving right along “you are either a W-2 Employee or and Independent
Contractor he said “by saying that the ordinance is stating that the business is responsible for your
actions”. But Sherman said that Ellison is trying to twist that language to mean she can dance
independently from one of the licensed downtown strip clubs. “She only reads bits and pieces of
the ordinance”. He said “she wants to say that that means that she can apply to be an independent
contractor and have a bar card and work wherever she wants, no it really doesn’t say that so that’s
where we are at. She is not reading the entire ordinance she only reads “what she wants it to say”.
All right now, how many minutes have I got? You can’t get tired of me now you’ve got to give
me some fairness like you gave that guy.
Mr. Mayor: You should continue until I tell you ---
Ms. Ellison: Until you tell me to stop, yes, sir, I will. Okay quickly it says the facts and
the legal points or argument is this. Sharon Bush Ellison has submitted an application in pursuit of
a license if necessary to work private parties. An exotic dancer is defined as a strip tease dancer.
A strip tease dancer is defined as an erotic or an exotic dancer in which the performer gradually
undresses either partly or completely in a seductive and sexually suggestive manner. Sharon Bush
Ellison is not now nor has she ever been an exotic dancer. Sharon Bush Ellison has applied for a
license to do private parties. The City of Augusta has no ordinance which will allow private
parties. As the Title 6 Ordinance is written it has a procedure for a person to follow who wishes
to become an employee of an Adult Entertainment establishment. Also, it mentions a person being
able to work as an independent contractor as follows: C. Independent Contractor is for the purpose
of this chapter independent contractors shall be considered as employees and shall be licensed as
employees regardless of the business relationship with the owner or business tax certificate holder
of any adult entertainment establishment. The Director of Licenses has stated even this provision
21
of the Title 6 will not allow the appellant to work private parties. Sharon Bush Ellison is not now
or has she ever danced on a pole as a stripper but Director Robert also known as Rob Sherman
received an application from the appellant requesting a license for the purpose of working private
parties. Sharon Bush Ellison has never informed Director Sherman that she wants to go to private
houses for the purpose of stripping. She has informed the Director that she wants to receive a
license to do private parties. The Title 6 Adult Entertainment Ordinance requiring Sharon Bush
Ellison to only dance if she agrees to become an employee or enter into a contract or verbally agree
with Discotheque Lounge, Fantasy Showgirls, Vegas Showgirls is illegal and unconstitutional and
that it is a form of indentured servitude or indentured labor. In the adoption of this ordinance the
City Council, Mayor and Law Department has incorporated a system of unfree labor under which
the appellate herein wishing to dance she is required to be bound by a contract whether written or
verbal to work for Discotheque, Fantasy or Vegas for a fixed or unfixed period of time. References
to alcohol ordinances are irrelevant in this subject matter. Also conversation concerning how long
Discotheque, Fantasy and Vegas has existed as an Adult Entertain Establishment is completely
irrelevant and or no importance to the appellate herein. The purpose of regulating adult
entertainment is to preserve morality from the get go. Public nudity is not an exception under the
law, culture or social morals. States have the authority and right to regulate and ban nudity.
Dancing is an expressive conduct protected only when it does not become violative of public
indecent statues enacted to regulate nudity. Miller vs. California 413 U.S. 1973 was a landmark
decision by the United States Supreme Court wherein the court redefined its definition of obscenity
from that of utterly without socially redeeming value to that which lacks, do you want me to turn
it in or you just read in your office. I can do that.
Mr. Mayor: All right so ---
Ms. Ellison: We’re going to do that.
Mr. Mayor: --- so Ms. Ellison ---
Ms. Ellison: I’m finished.
Mr. Mayor: --- let me help this afternoon I’m trying to work with you ---
Ms. Ellison: And you’re slamming your pen down.
Mr. Mayor: --- you are making broad assumptions. One of the first things I would’ve
suggested you do is one, show up the first time.
Ms. Ellison: Yes, sir.
Mr. Mayor: Two, since you didn’t I would’ve encourage you to provide copies of this
document for every member who’s sitting up here today ---
Ms. Ellison: Yes, sir.
Mr. Mayor: --- and you did not.
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Ms. Ellison: Yes, sir.
Mr. Mayor: Now there’s going to be some questions that you asked for an appeal. It is
within your right as a citizen to get that you’re going to get that you’re going to be heard and we’re
going to give you sufficient enough time to stand there and answer some questions from the
members of this body. So if you’ll pause I suspect that much of what you have here might help
you in answering your questions.
Ms. Ellison: Yes, sir.
Mr. Mayor: All right, this is how we’re going to do it. All right are there questions from
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the members of this body? All right the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor and, Mr. Mayor, this question’s for Legal Counsel.
Mr. Mayor: All right, the Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: Yes, sir.
Mr. Mayor: State your question.
Mr. Guilfoyle: Mr. MacKenzie, where do we hold in a liable? She had, the young lady
had brought up Miller vs. California 431 U.S. 15, 1973. What is this, how does this actually
coincide with what we have going on right now with her stance as well as our employees?
Mr. MacKenzie: Sure well this the first reference to that to this case to these facts. I don’t
see how this would be applicable to the fact you have in front of us. My suggestion would be you
hear from the Department next. That might help answer a lot of the questions associated with this
particular issue and the special nuances associated with our code and why this application was not
processes in accordance to the departments requirements. But this particular case I don’t see how
it has any applicability with the issues before us today.
Mr. Guilfoyle: Mr. Mayor, may I follow up please?
Mr. Mayor: Continue.
Mr. Guilfoyle: It might be good for the Commission as well as the general public to hear
from the department’s side if that’s agreeable with you, sir.
Mr. Mayor: All right, could you restate that, Commissioner?
Mr. Guilfoyle: Mr. Mayor, I was asking if we could hear from our department’s side. The
only thing we have to go on is what’s in our book as far as these supporting documents and the
agenda what the young lady had presented and ---
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Mr. Mayor: Certainly.
Mr. Guilfoyle: --- I would like to hear from our staff.
Mr. Mayor: All right, I certainly think that’s appropriate. I do want to ask do any members
of the governing authority have any questions for Ms. Sharon Bush Ellison, questions of substance,
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do you have any questions? The Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, sir. Ms. Ellison, I just have one simple question. What is your, plain
and simple, what is your denial contention?
Ms. Ellison: You need to make that more simple. What am I denying ---
Mr. Sias: No, no, no, no.
Ms. Ellison: --- what it (unintelligible).
Mr. Sias: What is your complaint with what you didn’t get? In other words, you say you
turned in an application and it was denied to you. Break that down into, just what were you denied?
Ms. Ellison: I was denied the right to receive a license to do private parties. Based on if I
want to dance I need to dance with Discotheque or Fantasy Girls or Vegas Girls. And that is only
way that I’ll be able to dance is what I’ve been told.
Mr. Sias: Thank you.
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Mr. Mayor: All right, okay the Chair recognizes the Commissioner from the 9 for a
question.
Mr. M. Williams: Ms. Bush, if I remember you were supposed to come before us in
committee at one point. Before we got to the full Commission you were supposed to come to the
committee to present this thing I guess scenario. Can you tell us why that didn’t happen?
Ms. Ellison: Well, when I originally found this complaint I found it and I requested that
the Clerk put me on the agenda based on I had other court matters that I was attending to as a pro
se litigate. And I requested to be put on the agenda for a more closely to a September 30 date so
that I would be able to come to the hearing. And of course the Clerk did schedule me something
like I think it was like 72 hours after I turned it in and I thought she would concur with my request.
So since that didn’t happen it made the situation look like I just failed away and abandoned my
claim which that is completely not the case.
Mr. M. Williams: Okay, um, a license to dance and I guess that needs to go to what
Commissioner Guilfoyle was talking about talk to Rob Sherman or Ms. Wilson. I need to know
what kind of license we have or we issue to dance, any kind. Do we have such a license, Mr.
Mayor?
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Mr. Mayor: Okay all right Mr. Sherman, Ms. Wilson, would ya’ll approach? All right this
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is the same thing that the Commissioner from the 8 inquired about, I wanted to make sure that
we ask you any questions. All right if you’ll continue.
Mr. Sherman: Okay, what type of a license is required?
Mr. M. Williams: Yeah.
Mr. Sherman: Okay, let me give you a little overview to get us up to speed. Augusta has
an Adult Entertainment Ordinance and that covers adult book stores, adult movie stores, dance
establishments. We have three licensed, permitted premises dance establishments. The, those uses
the book store, the movie store, movie theater, the dance establishments are only allowed in and
it’s tied to the zoning ordinance in certain zones. And so, we go back, a person wants to have a
dance club he has to comply with the zoning requirements. Just like an alcohol license we have to
bring it to you, you have to approve it. Once it’s approved it’s a permitted premises. Now if
you’re going to dance at the permitted premises you’re required to have a bar card. The bar card
is issued because the applicant has to go through a background check to see if they have any crime
of a felony nature that has to do with sexual misconduct or dealing in drugs. If that’s approved the
bar card is issued. Now on the application for the bar card it specifically asks what is the business
location. If it doesn’t have the business location, then it doesn’t it’s not associated with a permitted
premises. So in this case what has occurred, now as she was saying when she originally came in
she was wanting to dance at private parties at homes, et cetera and we said you can’t do that that’s
not the ordinance doesn’t cover that, it’s not allowed. So she did fill out the application; she didn’t
put the location, the Sheriff’s Department denied it and then Planning and Development denied it.
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We sent her actually she was sent an email dated June 2 saying that your application was denied.
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On June 6 Ms. Ellison submitted a request to Pam Miesse asking for a hearing. Now the hearing
would be with Director Wilson and in this case it was with myself, Ms. Walton and Ms. Ellison.
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That was on the 6 that she asked for it. On the 9 she came to the office. We were all there and
we said we’ll meet, this is the hearing and again we explained to her what the regulations are. And
it was fairly clear what they are you know you can apply for a bar card, you list the premises and
if you have a good background check it will be issued. She was told why it was denied. She asked
that she get it in writing and she said that she told Pam Miesse that she would pick it up it was
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prepared on June 9 after the meeting and it was available for her to pick up, she did not come to
the office and pick it up. I think that we followed all the regulations she just cannot do, by per an
ordinance, she cannot do what she would like to do.
Mr. M. Williams: May I follow up, Mr. Mayor?
Mr. Mayor: You may, continue.
Mr. M. Williams: Rob explain to me about the bar card. I mean I tell Andrew I hadn’t
passed the bar but I pass one every day when I go down the road I see them on the right and the
left. But explain how this bar card works actually.
Mr. Sherman: A bar card is her license, it’s the person’s license or permit to work at the
bar.
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Mr. M. Williams: At that particular establishment.
Mr. Sherman: Yes, sir.
Mr. M. Williams: And those things are set in certain areas because of the guidelines close
to churches and schools and other stuff so they have to be in a designated area, is that right?
Mr. Sherman: That’s correct because again it’s tied to the zoning. Business requirements
has to come to the Commission for approval; these are the permitted facilities, permitted locations.
Now if you go and I issue you a bar card or an independent dance card whatever we’re trying to
say that it is then you can go to anyone’s home et cetera then that’s not in compliance with the
zoning. It’s not in compliance with any of the regulations as we currently have them.
Mr. M. Williams: That’s all the questions I’ve got, Mr. Mayor.
Mr. Mayor: All right thank you, Mr. Chairman. All right the Chair recognizes the
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Commissioner from the 1.
Mr. Fennoy: Rob, does our ordinance that addresses adult entertainment, does it violate
any state laws to your knowledge?
Mr. Sherman: Not that I’m aware of. This is an ordinance it was last amended in ’03 I
believe. I don’t know of any issues that we would have or that we should have with enforcing
them.
Mr. Fennoy: Okay, that’s all I have.
Mr. Ellison: So can I ask a question, sir?
Mr. Mayor: Okay, I’m going to let you take a few more you ask one okay? The Chair
recognizes the Mayor Pro Tem.
Mr. Smith: I was just wondering you know you’re applying for a contractor’s license you
know what experience have you already had in your knowledge of the dance?
Ms. Ellison: Well, it’s not about that. For one thing Mr. Sherman has all the answers but
it’s my application for a job so I’m the one that has the right here, I’m the one that has a right to
work.
Mr. Smith: Well, to a point you don’t have the right if it’s not in the ordinance.
Ms. Ellison: Well, if it’s not an ordinance and the one they’ve already adopted is illegal
then that is what’s this is before the Commission for. Now I wanted to ask the counsel a question
if I could.
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Mr. Mayor: Well, you direct the questions to us.
Ms. Ellison: To you all? Okay, is this I’m wanting to know this ordinance that allows,
that say no you cannot do private parties from the get go where do we even get, where does it even
come into existence in Augusta that we even have to have any kind dancing from the get go? Why
do we even have to have it? Is it because there’s a constitutional right of freedom of expression
but we perplex ourselves and act like it drags us down to the ground that oh well we’ve got to
monitor it so much. But here we’ve got a private dance that I’m applying to do that is not according
to the law and the Supreme Court. It’s not obscene, it’s not obscene. The one’s down on Broad
Street where you get total buck naked it’s completely (unintelligible) to me but here they are telling
me in my understanding that if you want to do a private party, doing a private party in my opinion
it’s not unheard of. People have bachelorette parties, bachelor parties but because I want to do it
and I want to be on my own and be independent in doing something go to be wrong with it but I’m
not understanding what because here it says that if you have competition, what is competition? A
public dancer and a private dancer so if all they’re doing is dominating the market for the adult
entertainment public sector than where does the private come in at? Is there not any competition
in that that violates the competition laws ---
Mr. Mayor: Okay.
Mr. Ellison: --- he’s not even allowing me to be in the economic race. I mean this is but
again we have to let a court make this decision because this is not a court, this is a Commission.
Mr. Mayor: Yeah, yeah ---
Ms. Ellison: Are you finished because I’m just about finished, I’m real tired. I’m well
done.
Mr. Mayor: Okay.
Ms. Ellison: Yes, sir.
Mr. Mayor: All right.
Mr. Lockett: I know time is running out but I’ve had my hand up for about (inaudible).
Mr. Mayor: Hold on, hold on a minute.
Mr. Lockett: (Unintelligible).
Mr. Mayor: Okay, all right, okay, all right, I want you to just pause for a moment ---
Ms. Ellison: Yes, sir.
Mr. Mayor: --- Ms. Ellison. I’ve been very liberal in this conversation ---
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Ms. Ellison: Yes, sir.
Mr. Mayor: --- and again wanting to give you an opportunity to be heard. And to that end
you’ve been heard today. You acknowledged that this is not a court but yet you’ve appealed to
this body to be heard and so to that end you have been heard. Now here’s what we’re going to do.
I’m going to receive a motion from the Commission that we receive this as information and then
we’re going to again convene and come back at another time to talk about it. I believe and I’m
going to ask Attorney Brown if he’ll approach. I believe that our posture is that we hear this and
then we’ve got a period of time to be able to address this all right. We sure can, I’m aware of that
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I just wanted you to clarify that. All right we’ve got the Commissioner from the 5 who I’m going
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to again give him an opportunity to speak but the Commissioner from the 4 is going to make a
motion to receive this as information and then there’ll be a proper second. The Chair recognizes
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the Commissioner from the 5.
Mr. Lockett: Thank you my question is for either Mr. Sherman or Ms. Wilson. You all
supported my question already you said the Adult Entertainment Ordinance was last amended in
2003, is that correct?
Ms. Wilson: Yes, sir.
Mr. Lockett: Okay, why was it amended in 2003?
Mr. Sherman: There were, it was amended two or three times in the early 2000’s. It was
at the time that the X-Mart store (inaudible).
Mr. Lockett: Okay, you just answered my question it was amended two or three times
because changes occurred.
Mr. Sherman: That’s right.
Mr. Lockett: We’re talking about 2003 we’re talking about 13 years. Time is not standing
still. If you have an ordinance that is obviously parts of it is obsolete or antiquated why don’t we
change the ordinance to allow this young lady to do what she wants to do if it is legal. I mean why
do we want to go on some decrepit outdated ordinance and deny a person to make a living? I don’t
know if this young lady’s an attorney or not but evidently from what she has there it’s been very
impressive. Now we, before I got on the Commission evidently about 2003 based on what you’ve
all said we had a problem that was somewhat similar and it cost us. Why don’t we try and find a
way to make this work, keep this out of the court system if possible. I mean I’m the kind of person
I want to go out and try to find a way to help somebody not always try and find a way to deny
somebody of something. And I’m not looking for an answer, I just wanted to let you know how I
feel about this. Thank you, Mr. Mayor.
Mr. Mayor: All right, Commissioner, I’ll tell you what you spoke prophetically then. I
hope that message carries forward in everything that we do that we should start at the place called
yes and have to work hard to get to a no. So again, here’s what I want to do right now. All right
we’re going to suspend for just a quick moment, we’re going to take a five-minute recess.
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Ms. Ellison: I can go away from this?
Mr. Mayor: I would encourage you ---
Ms. Ellison: Stay ---
Mr. Mayor: --- to stay.
Ms. Ellison: --- yes, sir.
Mr. Mayor: I would encourage you to stay.
Ms. Ellison: Yes, sir.
Mr. Mayor: All right, five-minute recess.
\[RECESS\]
Mr. Mayor: Okay, all right, we’ve had an opportunity to talk about this matter. All right
the Chair’s going to recognize Director Wilson to come and speak to what’s been done what’s
been offered to try to remedy this matter and then after we hear that we’ll hear from the Attorney
followed by questions to this body. All right, Director Wilson.
Ms. Wilson: At the meeting that we had in June with the applicant at that time I offered
her the option of having a home occupation for party planning because that is something that we
can do. One of the things I really want to make sure is that we’re limited based on adopting codes
with regards to what our threshold is and at that time she basically continued to say she wanted to
do party planning. There is nothing to prevent her if she took that option from hiring someone
who had a license to do adult dancing for a planned party event but at least that way there would
be a license and the person that was dancing would have to follow the rules that have been
established based on the permit that they have. So we did try to come up with some options, an
alternative to try to help the applicant out.
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Mr. Mayor: Okay the Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Ms. Wilson, I need you to clarify what does it mean when you say adult
dancing. I mean I want it clear because if you’re talking about dancing then you’ve got adult
dancing that changes to me so what does that entail adult dancing.
Ms. Wilson: Well, at the time and you could hear from the discussion here the conversation
had taken multiple levels but when we spoke it was centered around private parties. When you
start talking about doing when I say adult dancing I mean adult entertainment that is a different
ballgame with regards to follow the laws and rules that we’ve currently got in place.
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Mr. M. Williams: And my question is how can we monitor that and that’s just my question.
When you say adult dancing goes into different areas I mean I’m in support of dance all day long.
In fact, I’ve been telling Rob quit saying dance hall and just say dance because I think that there
is a time to dance and a time for everything but when you’re talking about adult dancing puts it at
another level, puts another spin on it. And I need to know where you just explained that if that
becomes true or we pass something like that then how do we monitor how do we keep it? Even
the restaurants that are serving alcohol can’t be but so close to the church or to the bar or schools
or whatever in order to get a license. If you open this up for adult now if you’re just talking about
dancing, then hey you know because if you get caught speeding you know you have to suffer the
consequences. So I’m not trying to limit anything but I just want to make sure that we don’t go
down a slippery slope here by saying okay because once you said adult then you’re telling me that
children would have to be exposed to be around and that brings some concerns to me.
Ms. Wilson: Right but, sir, what I said was that we offered her the opportunity to open up
a party planning business because that was one of the things that she focused her discussions on.
At the time that she spoke with me it went on to include a few other items but you can have a party
planning business as a home occupation.
Mr. M. Williams: So a party planning business will be exclusive to adults though ---
Ms. Wilson: That’s correct.
Mr. M. Williams: --- that’s what I’m trying to figure out.
Ms. Wilson: That’s correct, yes, sir.
Mr. M. Williams: Okay, so I still go back if you call it a party planning a party pooper or
whatever you call it if it’s going to center around adults, how do we control it? I’m not I don’t
know this young lady I’m not opposed to her at all but I want to make sure that when I vote on
something I’m doing what I think is best for this community not for one or two but for this
community which I have to represent and be elected to speak for. So tell me the name that doesn’t
make much sense because if you add that language in there. I see Mr. Brown to your right ---
Ms. Wilson: Well basically he’s putting the ordinance in front of me. And again as I said
we offered her the opportunity to do party planning because that was initially one of the things that
was discussed during our meeting just as an option so that there could be something she could do.
When it comes to dealing with adult entertainment that does have to be something that is
permitted/licensed or a bar card and that is basically based on affiliation with a dance hall.
Mr. M. Williams: I agree with all of that. My question to you still stands to say how do
we control or how do we monitor, how do we keep up with that if we approve that regardless of
the name? How, what I mean do we have to do what to make sure that it is being regulated because
everything else we’ve got somebody’s regulating it. We’ve got undercover detectives, we’ve got
uniforms I mean how do we regulate that and do we got a way of doing it I ain’t got no problem
in supporting it but I need to know regardless of the name how do we --
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Mr. Brown: Mr. Mayor, Commissioners the was that the City of Augusta regulates adult
entertainment is on this Ordinance 6-1, 6-1-1 and the following proceeding provisions. And the
way it is regulated adult entertainment the different types whether it’s movies, book stores, exotic
dancing et cetera they are regulated by restricting them to certain areas. According to zoning those
will be restricted to Heavy Industrial and Light Industrial areas so I know we’re not going to have
adult entertainment in the middle of a residential neighborhood because it can’t be there. In
addition to that the adult entertainment has to occur on premises that have been approved by the
city for adult entertainment that is it must be an adult establishment. The applicant put her
application in to be an adult entertainer not just the dancing, a dancer. She does not want to be
restricted to those locations that have been approved by the city that’s what she is now challenging
and I must point out prior to today there was no notice that that was what she was challenging.
Her appeal to you only stated that she did not get approved in time and therefore she wanted to
appeal to the Commission. Today we learned that she is saying that she thinks the ordinance
violates her constitutional rights to dance wherever she wants to, to do adult dancing anywhere she
wants to do it. We believe that is clear that the city has a right to regulate adult entertainment adult
entertainment is regulated in almost every city in the United States. So the adult entertainment has
been regulated by Augusta to light and heavy industrial areas at licensed establishments. She
refused to put on her application any establishment which made her application either incomplete
or a refusal to restrict her adult dancing in an adult establishment. She wants to be able to dance
anywhere she wants to do it.
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Mr. Mayor: The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Has a motion been made?
Mr. Mayor: Not yet.
Mr. Fennoy: I’d like to make a motion to deny.
Mr. D. Williams: Second.
Mr. Mayor: All right, we’ve got a motion to deny and a proper second. Any further
discussion? Voting.
Mr. Lockett votes No.
Motion Passes 9-1.
Mr. Mayor: All right thank you, Ms. Ellison, thank you as well.
Ms. Ellison: Can I get a copy (inaudible).
Mr. Mayor: There’s not a copy of this the meeting minutes so Attorney Brown will speak
to you outside of the chamber about your next steps.
Ms. Ellison: Well, no (inaudible).
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Mr. Mayor: Madam Clerk ---
The Clerk: Yes, sir.
Mr. Mayor: --- we’ll go from top to bottom.
The Clerk: Okay, we’ll start with our pulled items, number 9 Commissioner Williams.
Mr. M. Williams: Yes, ma’am.
Mr. Mayor: All right.
The Clerk:
PUBLIC SERVICES
9. Motion to approve a Partnership agreement between the City of Augusta and the Greater
Augusta Arts Council to introduce ART at Transit Bus Stops in Augusta with the artist to
maintain the artwork for a specified period of time. (Approved by Public Services Committee
August 30, 2016)
Mr. M. Williams: Mr. Mayor, I don’t have a problem with this I did have a question and
my question is a lot of transit stops are not really transit stops just a pole with a paint circled around
it. I mean are we going to put up something at every one of these “bus stops” then who’s going to
decide what goes up there I guess would be my question.
Mr. Mayor: Thank you, Mr. Chairman. All right the Chair recognizes Transit Direct
Patrick Stephens to speak to the matter and Ms. Durant you may be called on.
Mr. Stephens: Good afternoon. This particular partnership currently only exists among
the 180 shelters that we currently have. There is a limited amount of number and maybe Ms.
Durant can talk to that, it’s like 25 of these shelters. For those stops that just have a pole et cetera
obviously nothing would be done there at this time because it relates to the existing bus shelters.
Mr. M. Williams: Okay, Mr. Stephens ---
Mr. Mayor: Continue, sir.
Mr. M. Williams: --- thank you. A lot of these shelters and you call them bus shelters not
very small and they’re made out of, some got an area in the city but most of that is glass that there
a lot of the traffic is being affected by some of them I thinking about the one of Walton Way right
now and in front of the, right across from Georgia Power. But there’s a glass piece in there maybe
not glass maybe plexiglass but there’s not a whole lot to draw on. I’m trying to figure out in my
mind what’s it going to look like, where we’re going to put it or if we’re going to put something
else put it on the top or are we going to cover that? Those shelters have advertising that belongs
to those shelters who put them there for the advertising. And so, I’m just trying to figure out how
is that going to fit in with what we’ve already got.
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Mr. Stephens: With your permission shortly I’d like to defer to Mrs. Durant on exactly
what they envision. However, art in bus shelters is a common practice across the United States
and often that plexiglass panel or so they we see in the back often has some art et cetera in there
that it’s in if I could defer.
Mr. Mayor: Ms. Durant.
Ms. Durant: Thank you. I’m Brenda Durant, I’m the Executive Director of the Greater
Augusta Arts Council. The great news is we don’t have an exact plan for the shelters. What we
want to do is take the match that we will get from the grant hopefully that we’re writing and we
will do some research in the neighborhoods where the bus shelters are located. We are currently
partnering with the city to write a public art plan. With that plan we need to start laying the ground
work for future public art in the community. So, as we approach the, I will do some research about
what themes the neighborhoods have. The bus shelters might look very different, the one outside
of Tubman or the one downtown from the one in south Richmond County. Then we’ll work with
local artists we will, we’ll share those themes and neighborhood identities who will create it but
we will be working very closely with the Director of our Transit Department to make sure that we
abide by any rules. We know we don’t want to block a view of a bus driver looking into a shelter.
We want them to be weather proof, rain proof but we, if you do a little Google search on transit
shelters you’ll see some very exciting artist’s work on shelters. And we look forward to bringing
some of those innovations and excitement and art into Augusta, Georgia and this will just be a first
phase of public art, well really, I guess our second. We can talk our traffic boxes or our traffic
signal boxes as our first big role across the community and then this will be our second. But we
will be working hand in hand, nothing will be done without approval and blessings from the Transit
Department.
Mr. M. Williams: Mr. Mayor, thank you, Brenda, thank you too. I can appreciate that I
just hope that we get a chance to get a sneak preview before because I was thinking everything
was approved now you know we’re doing this we’re ready to get started almost we’re just that
close. But I just think that because we’re advertising and we ain’t got other companies names out
there I think the first initial phase out there ya’ll did with the arts on the boxes it looks really good
I’m really excited and pleased with that. But I did want to ask those questions because I didn’t
want to go in when somebody or some business been advertising at that particular stop. We don’t
have a large area anyway except Deans Bridge Road who’s got that area in front of K-Mart out
there. That’s probably one of the largest ones we’ve got, Pat, I don’t know but it’s probably the
largest one. The rest of them are relatively small maybe three people can sit there if that many.
You’re doing a great job. The Transit is changing. I see it so I hope we can get the new shelter
from Florida we talked about add to it. But I did want to ask those questions, I did want to make
sure that we talk about those things before we just say well no I didn’t know it was going to be
like that if I didn’t ask that question. But thank you, ma’am, I’m going to make a motion to
approve.
Mr. Fennoy: Second.
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Mr. M. Williams: --- I wasn’t opposed to it but I just wanted to get that out so we would
(inaudible).
Mr. Mayor: I think this is an important continuation of the good work that’s already been
done in our city. Many of you remember last year the Arts in Box Project. This right here is the
Art of the Bus Stop Project. Ms. Durant and her team are going to be applying for an NEA grant
in the amount of $200,000 but through the good work of this Commission voters approved in
SPLOST VII the amount of $650,000 for the express purpose of Transit bus shelters. All of this
good work is going to be done as a result of that. So your favorable consideration is extremely
helpful in this matter and we make a commitment to our citizens those that are here today and
those that will be coming and those that are on Facebook wondering whether or not we are making
sound investments, Patrick, in our bus system. All right the Chair recognizes the Mayor Pro Tem.
Mr. Smith: I just want to ask one little question. We’re using local art dealers and people.
Me I can’t draw a stickman but you know how are you what criteria are you going to pick certain
folks?
Ms. Durant: We want to use local artists the way we use them for the bus shelter, for the
traffic boxes but I want to make it clear all we’re asking today is permission to, for you to write a
letter using that $650,000 dollars in SPLOST as a match. We don’t need that money, we won’t
use that money, we’re going to use the grant money to do the boxes and we hope to use local artists
again.
Mr. Smith: I think it’s a good idea.
Ms. Durant: And I think that Commissioner Smith if you have a little time if you want to
take some more lessons so you’ll be ready when we do the call, you know a year with Ms. Shirleen
in Hephzibah she says she can teach you to see if she can teach you to draw.
Mr. Smith: Well, I made a D- in art class so I’m doing (unintelligible).
Mr. Lockett: And that was his highest grade.
Mr. Smith: Hey, how’d you know?
Mr. Mayor: We’ve got a motion to approve and a proper second. Voting.
Motion Passes 10-0.
Ms. Durant: Thank you.
The Clerk: We’re at number 18 and 19. Commissioner Sias, would these, could they be
considered companion or do you have --
Mr. Sias: Absolutely.
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The Clerk: Okay, Mr. Mayor, can we proceed with 18 and 19?
Mr. Mayor: Well, let me think about it for how long one second? I’ll give him four seconds
absolutely.
The Clerk:
FINANCE
18. Motion to approve agreement with Augusta Museum of History for funding as authorized
in SPLOST Phase VI. (Approved by Finance Committee August 30, 2016)
19. Motion to approve agreement with Pendleton King Park Foundation for funding as
authorized in SPLOST Phase VI. (Approved by Finance Committee August 30, 2016)
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Mr. Mayor: The Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, sir. Let me be crystal clear up front. There’s no objection to these
two organizations receiving SPLOST funding on my part. The issues and concerns that I have are
the contracts that we are executing this with. First off these contracts should be basically identical
other than for what the work that is to be done. Now I’m not saying the contracts are wrong; I just
don’t think they fit the purpose of what we’re asking them to do here. The next thing is in the
contract with the museum according to the contract itself the museum is supposed to have
exhausted their matching funds prior to getting any of the SPLOST funds. If that’s not possible I
don’t have a problem with it. We need to change the contract or find out what the policy says. If
we have a policy that says you’re supposed to do that then are we not following the policy. So the
concern here is do we have a concise policy for these kinds of contracts because it appears not
because we have too much difference in these two for lack of a better word simple contracts. Item
19 doesn’t require the expenditure of matching funds prior to receiving money it says they may
expend the funds. Agenda item 18 says they had to expend their funds so if we approve item 18
then they’re in violation the moment we approve the contract. That doesn’t make sense to me.
Now maybe somebody here who you know maybe I don’t have my rocket scientist status today
but I really need to understand this because and what the next organization that comes along and
is trying to do a project and they may be required to expend their matching funds because that’s
what the contract says. So if we’re going to do this we need to number one, get our contracts in
order. I have nothing against the projects that these organizations are intending to do nothing at
all completely support that but right now I have issues and concerns with the way our contract is
written and I think that could be corrected. So first off, number one, is there a policy?
Mr. Mayor: All right, okay so let’s do it this way. All right, Commissioner, just for the
sake of this conversation I’m going to ask everybody if they’ll turn to Tab 18 so that we can address
this first one. You’ve raised a couple of issues one, the consistency in contracts for outside
agencies to receive SPLOST funds, that’s item number one that’s your question.
Mr. Sias: That’s correct.
Mr. Mayor: Okay and that’s the consistency in contracts but from a specific standpoint
again the contract with the Augusta Museum of History you raised a concern around having to
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expend matching funds first. All right can you take us to that place in the contract because it
certainly reads differently than what I read.
Mr. Sias: Absolutely.
Mr. Hasan: Exhibit B.
Mr. Sias: If you go to Exhibit B.
Mr. Mayor: Okay.
Mr. Sias: Paragraph 2 the second to the last page.
Mr. Mayor: Okay so again Section 2 Responsibilities and Obligations of Organizations
Paragraph 2.5.
Mr. Sias: No, sir, Exhibit B we have Exhibit A and Exhibit B. Agenda item 18. It says
prior to Augusta providing funding for the project organization shall expend 100% of the matching
funds for construction of the project and provide the Finance Department evidence of the
expenditure.
Mr. Mayor: Okay, all right now so, Attorney MacKenzie, I’m going to direct this question
to you. If you take Exhibit B and then you look at the underlined contractual obligation as it relates
to the City of Augusta Section 2.5 that language is different it says that the organization has raised
a minimum of 25%. Then in Paragraph B upon an acknowledgement of that those funds will be
provided to the organization. All right, I want you to speak to the question that’s raised that’s
question number one consistency with contracts et cetera as Commissioner Sias has indicated.
Mr. MacKenzie: Sure, I think this was something that originally there were not necessary
matches required. Back in earlier SPLOSTs then it’s up to Finance maybe to address it in more
detail. The match requirements came about as there were an increased number persons requesting
applications from outside agencies and so the requirement was put in there that they had to
establish that they had the matching funds available before any funds would be distributed. And
then I guess Section 2.5 is I guess various methods whereby they can come up with different
percentages for the SPLOST funding but I think the match is still required to be 100% available
before funds are distributed and that’s so that the city has a way to ensure that the SPLOST projects
will be built on time because they know they have the money available before the distributing
funding.
Mr. Mayor: Okay all right so back to Commissioner Sias’ underlined question. One is a
consistency in contracts but number 2 his key question there is the requirement that the matching
funds be expended prior to a disbursement from the city. Is that not true, Commissioner?
Mr. Sias: That’s correct.
Mr. Mayor: All right based on Section 2.5 it does not require that at least as I read it.
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Mr. MacKenzie: All right so the question then is why is there inconsistency between the
language ---
Mr. Mayor: That’s correct.
Mr. MacKenzie: --- the practicality of how do you spend funds if you don’t have any
money from the city to do the project?
Mr. Mayor: No, the question becomes one, why is there a requirement to expend those
dollars that you’re required to secure first okay before the city disburses. You have to show full
faith that you have the money and now the question is why are you expending those dollars before
the city obligates itself. Is that not true, Commissioner?
Mr. Sias: Yeah but let me ask something if you don’t mind, sir. If you go back to 2.5
because you were there go to 2.5 Item C and you go to the last sentence in Item C it says,
distribution of SPLOST funds shall be in according with the schedule here as Exhibit B. So,
Exhibit B is not lost as a piece of extra paper in this contract it’s referenced in the contract under
Responsibilities of the Organization. So, it’s not a lost piece of information.
Mr. Mayor: Okay. Attorney MacKenzie.
Mr. MacKenzie: If I can perhaps this is just something that maybe needs to be clarified
with Finance but I think part of the requirements that they expend the match funds first to make
sure those funds are still available before they get any money from the city. So, if they’re spending
the city’s money even if they have proof that the funds were available I think the requirement’s
there to make them basically spend their own money first before we start distributing any money
to make sure those funds are still available to continue the rest of the project.
Mr. Mayor: All right, Ms. Williams, approach. You know what, Ms. Bonner, I was hoping
Commissioner Williams would give some colorful commentary to kind of explain this quandary
we’re in but we didn’t get one today so and I ain’t smart enough to come up with one but Ms.
Williams ---
Mr. M. Williams: Better let sleeping dogs lie.
Mr. Mayor: --- okay, I like that one too. All right, can you help us out?
Ms. Williams: The intent is obviously the agencies have to prove that they have the 25%
that is evidence to us. And then the intent is that they spend their money before they receive ours.
Once they’ve proven they have their money then they should spend their money before they get
ours. The Exhibit B is not attached for the Pendleton King Park because the museum was a little
further along in the process. They had identified the items that they were going to spend their
monies on so it’s a process that you go through. They get their monies and they prove that they
have their 25% monies. Once they have their 25% monies we can start with this process of entering
into the contract with them. So, before they meet their criteria of having the 25% there’s no need
37
to have this discussion because they’re not yet eligible to receive money from us. But I do agree
that the wording should be the same in that is an oversight on our part we should fix that, we will
fix that.
Mr. Mayor: Continue Commissioner.
Mr. Sias: Yes, ma’am, thank you for that, Ms. Williams, but does that mean also because
in what we have here Pendleton King Park has clearly and have proven to you that they raised their
matching funds, am I correct?
Ms. Williams: Right.
Mr. Sias: Then using the same analogy for the museum then technically Pendleton King
or PK or whatever I heard that initial they should also have the Exhibit B in their contract am I
correct? And here’s what I want you to understand. I’m not harping on whether or not they have
to do it first but the question is what is our policy. And I’m looking at the contract but I don’t
know the policy. So if the policy says they’re supposed if the contract says they’re supposed to
spend the matching funds first is that based on a policy?
Ms. Williams: I’m not sure if that’s in the policy or we’ve been just done that as a practice
or the policy is that they have to have the 25% match before we enter into the contract with them.
Mr. Sias: And the reason I asked the policy question is because if the policy says do that
then it makes it simple to do the contract but if we’re kind of doing each contract based on the
recipient then we can run into issues. And trust me I have no problem with the projects. I just want
the process to be corrected and that’s all I’m asking for Mayor and Commissioners and Ms.
Williams of Finance and other folks that we just streamline and fix that process so when
Organization F comes along six months from now or eight months from now and we get into this
discussion about have you expended your matching funds and even prior to that did you raise them
and prove it. So, it’s just a matter of just applying the same standard. Now I’ve been a part of
leverage contracts which were totally different from these and I understand that but these are just
simple match and go type contracts and for me personally I think they should be almost identical
except for the project work.
Ms. Williams: Would you like for us to bring these back or would you like to go forward
with the one that you like or to make changes to the one that you don’t?
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Mr. Mayor: I think Ms. Williams the Commissioner from the 4 has indicated that he does
not have any problems structurally with these two contracts which means he’s probably going to
make a motion to approve but he has an expectation that you’ll come back with a clarified policy
with regards to how each of these with regards to non-governmental outside agencies are handled
consistently.
Mr. Hasan: Mr. Mayor ---
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Mr. Sias: I’m going to have to think about that one, Mr. Mayor, you have somebody else
now.
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Mr. Mayor: I do, I do. All right the Chair recognizes the Commissioner from the 1.
Mr. Fennoy: I think the Mayor has you know said that what I wanted to say that whatever
in the future all contracts should be the same should read the same way.
Mr. Mayor: (Inaudible) the requirements are the same. All right the Commissioner from
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the 4 just hold on. The Chair recognizes the Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor. In light of the comments you just made in reference
to Commissioner Sias’ position does that mean then we’re saying that we’re going to and I’d like
to concur I don’t have anything against just consistency here it’s still the matching funds has not
been expended yet. So, what do we do about that because if you do that then you are violating
what the contract says because Ms. Glazer said last week she’s not expended the money. So, we
agreed on a consistency in the contract but if we approve it as it is they have not met what the
contract required at this point they still have $150,000 dollars in hand that is the matching funds.
Mr. Mayor: Well, those are all valid questions and you can do one of two things you can
Commissioner Williams ---
Mr. Hasan: We could ---
Mr. Mayor: --- hold on, hold on you can support progress or we can wait another two
weeks. All right I’m going to recognize ---
Mr. Hasan: Mr. Mayor, may I have a follow up please?
Mr. Mayor: --- you had a follow up?
Mr. Hasan: Yes, I did.
Mr. Mayor: Okay.
Mr. Hasan: So then I boils down to two weeks, Mr. Mayor, you can simply remove and
bring the contract back if you choose to do that you know but I think it would be fair if we just
approve it like this and $150,000 is in hand, that’s my point. In one way the other I don’t demand
that they spend the $150 but according to this contract we have been handed but once again we are
I think we’re putting the criteria that everybody has to heed to spend the money anymore they just
have to prove to the Finance Department they have the money.
Mr. Mayor: Yeah, I think that’s appropriate moving forward that we do have a clear record
on hand that you have the resources that are required for the match and we’ll be able to move
forward with the project, we want to get stuff done. All right the Chair recognizes the
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Commissioner from the 5. Commissioner from the 4 you can put your hand down.
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Mr. Lockett: Thank you, Mr. Chairman, in light of what my colleague just indicated to me
rather than delay this why couldn’t we just make a motion to amend this particular agenda item to
incorporate the changes that we talked about rather than put this on the back shelf for additional
two weeks. So my motion would be that we approve agenda item 18 and 19 as companion items
and with the provision that the contracts be amended to be the same.
Mr. Guilfoyle: Second.
Mr. Hasan: Adopt this as policy moving forward for all of them.
Mr. Mayor: Okay, all right, so let me ask everybody I know there’s a lot of important
things we’ve got going on but if you’ll just raise your hand. I don’t have a screen or a button just
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raise your hand, I’m going to come and get you. All right Commissioner from the 4 you can put
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your hand down I’m going to the Commissioner from the 5.
Mr. Sias: I’m comfortable holding it up.
Mr. Mayor: Okay, all right, I’m going to get you a cup holder in a minute. All right the
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Commissioner from the 8, the Commissioner from the 8 had his hand up.
Mr. Guilfoyle: Mr. Mayor, I’m satisfied.
Mr. Mayor: Okay, all right, now we’ve got a motion and a second. The Chair recognizes
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the Commissioner from the 4, state your inquiry.
Mr. Sias: I have more than an inquiry, sir. Let’s just make sure that these two contracts
what hopefully this motion is saying to number one, that these contracts should be similar in nature.
Number two is this saying that the requirement to expend the matching funds prior to receiving
SPLOST money is no longer required, is that what we’re saying?
Mr. Mayor: I believe the gentleman knows of that which he speaks.
Mr. Sias: I’m asking the question so be sure because we had said amended that didn’t say
amend exactly what. And I’ve learned my lesson on that exactly. What are we going to amend?
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Mr. Mayor: I think the Commissioner from the 5 was real clear.
Mr. Sias: Can we restate the motion for the record then, sir?
Mr. Mayor: All right, would you like to do that?
The Clerk: Do you want me to?
Mr. Lockett: Yes, Madam Clerk, please.
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The Clerk: The motion was to approve the agreements with the Augusta Museum of
History and Pendleton King Park Foundation as companion items and that the provisions be the
same but it didn’t say which same ---
Mr. Sias: I know.
The Clerk: --- the different provision.
Mr. Lockett: Well, Mr. Chair, if I may I would like to incorporate what my colleague
Commissioner Sias just said spell those two three things out as a part of the amended agenda item.
The Clerk: Okay, that would be if they’re to expend the matching funds prior to receiving
SPLOST dollars from the city?
Mr. Lockett: Yes.
The Clerk: Okay, I think that provision is in 18 and not 19.
Mr. Mayor: Right and, Madam Clerk, there is a desire to remove that from all future
contracts that was what I just heard. That was what I just heard.
Mr. Sias: I want to ask a follow up.
Mr. Mayor: Yes.
Mr. Sias: Ms. Williams ---
Mr. Mayor: All right, Commissioner, hold on, Commissioner.
The Clerk: So we’re including that in this motion?
Mr. Mayor: That was what the amendment was that moving forward all contracts to be
consistent in nature and that there be no requirement for the expending of matching funds prior to
receipt of city disbursement, is that not true?
Mr. Lockett: Does Mr. Sias agree with that?
Mr. Mayor: I just heard it. All right so here’s what we’re going to do, Madam Clerk. All
right, Commissioner Sias, here’s what I want you to do we’re going to take these amendments one
by one all right. The first part of the amendment is with regards to the requirement to expend
matching funds first you want to remove that, is that not true?
Mr. Sias: I have a question, sir.
Mr. Mayor: No, I’m asking the questions now.
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Mr. Sias: That’s not what I said.
Mr. Mayor: Okay all right.
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Mr. Sias: Now that would be the motion that came from the Commissioner from the 5 I
just asked for clarification.
Mr. Mayor: Okay.
Mr. Sias: Now but I do have a follow up if you will permit me.
Mr. Mayor: All right, hold on, hold on. All right I’m going to direct this to the
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Commissioner from the 5 All right, he’s the maker of the motion. All right Commissioner from
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the 5 all right the first amendment is to remove the requirement in contracts 18 and 19 and all
future contracts for the expending of matching funds first, is that correct.
Mr. Lockett: Yes.
Mr. Mayor: All right all those in favor of that let me see a show of hands, let me see a
show of hands if you support that. Madam Clerk, we can do it one or two ways we can do a roll
call I just want to ---
The Clerk: Okay, I didn’t realize we were doing the official vote on this. I thought you
were trying to get a consensus and a feel for where they are. I didn’t realize that was what you
were doing, I apologize.
Mr. Mayor: I want to get consensus ---
The Clerk: Oh, okay you ---
Mr. Mayor: --- (unintelligible) this is amendment one, essentially amendment one. All
right that amendment is supported.
Mr. D. Williams: I’ve got a question.
Mr. Mayor: All right.
Mr. D. Williams: I need to hear it again if you want my vote.
Mr. Mayor: Well, I’m not voting so again it’s left up to you. I just want to make sure we
clarity what it is we’re voting on that’s my role.
Mr. Sias: I really have a follow up just one follow up question.
Mr. Mayor: Okay all right so again let’s, let’s just be respectful. We’re going to get it
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done, we’ve got nothing but time. Commissioner from the 4 I’m going to recognize you in a
42
moment if you’ll please just be patient, I’m going to recognize you in a moment. All right the
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Commissioner from the 5 made a motion and it broadly included these items in it. All we’re
trying to do is get consensus on those items okay. Now the first issue of contention was the matter
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of as Commissioner Hasan indicated the Commissioner from the 6 and that is once as you expend
funds and you have these obligations and another says something else differently where there’s
not been a requirement to do that. Okay, what we’re saying is we’re going to eliminate that from
both contracts and all future contracts, all right, that’s what we’re saying.
Mr. M. Williams: Point of Order, Mr. Mayor.
Mr. Mayor: Okay all right so again I’m going to just get a show of hands that there’s
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support for that. Okay, all right now the second thing that the Commissioner from the 5 and the
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Commissioner from the 4 did in in fact, this was the first question that the contracts needed to be
consistent. Okay that was the broad again overview that all contracts moving forward needed to
be consistent and say the same thing. All right do we generally all agree with that? Okay, all right,
very good.
Mr. M. Williams: Point of Order (inaudible).
Mr. Mayor: I’m going to get you I’m going to get you we’re not voting on anything yet.
All right so that was the nature of the amendment Madam Clerk those two things. Do we have
that those two things?
The Clerk: Okay, just to verify that the motion as it stands on the floor now is to approve
the agreement with the Augusta Museum of History and the agreement with Pendleton King Park
and that as companion items and that the provision be the same as to expenditure of matched funds
before the disbursement of SPLOST dollars. Is that right?
Mr. Mayor: I think it should say that the language will remove a requirement to expend
matching funds.
The Clerk: From 18 and 19?
Mr. Mayor: From 18 and 19.
The Clerk: What he said was to be consistent with 18, 18 has the provision and 19 doesn’t
so what you’re saying is that they will mirror 19 opposed to 18.
Mr. Mayor: That’s correct.
The Clerk: That’s not what he said but if that’s where you got a consensus from then ---
Mr. Mayor: There was a consensus ---
The Clerk: Okay.
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Mr. Mayor: --- to remove any requirement ---
The Clerk: Right.
Mr. Mayor: --- to expend matching funds that was what was consistent was.
The Clerk: Is that?
Mr. Sias: That’s not right.
Mr. Lockett: If I may, Mr. Mayor, 30 minutes ago I knew what I said. Right now I don’t
know if I’m on first or second right now.
Mr. Mayor: I know exactly what you’re saying.
Mr. Lockett: I’m ready to give it back to Commissioner Sias.
Mr. Mayor: Ride that bull, ride it. All right okay all right the Chair recognizes the
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Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. This thing is going really out of control now.
There are guidelines for those different readings to those contracts and I hadn’t heard a lawyer say
anything. But they wasn’t just throwing it because they want to be thrown in there somebody
decided to throw something in there and we’ll say just take them out and we act like we can just
take those out. They was done for a reason and there are a lot of other contracts that have been
through this government that people had to go by and had to follow that didn’t get the matching
funds. So, I understand 18 and 19 is different in one having them and one expending them and I
ain’t got no problem with making those mirror but I think we’re fixing to go down a very slippery
slope now if we just take that and throw it out and don’t have nothing to go by. Now, Donna, I
need you to help me out because they was in there for a reason and if we’re going to use matching
funds for any SPLOST project and there’s no guidelines because what we’re doing is throwing
them out the window. So, I guess my question is some folks had to walk the line and some folks
didn’t and now we’re going to throw everybody out the window, ain’t nobody walking the line, is
that right because that’s why they were put in there put in there for a particular reason to make
sure that they did done the things that we required them to do in order to get the matching funds.
But if we throw them out with what I just heard you know we don’t have none of that, I think
we’re going to be really setting ourselves up. You think that lady had a lawsuit that just left here
she ain’t got in it but we’re going I think we’ll be in some serious trouble if we don’t hold
accountable to what we have everybody else to hold to. I think the museum and I think Pendleton
Park had met their necessary match in what they need to do. The word’s in there about expenditure
or not expenditure we can change that but if you throw out the guidelines then ---
Mr. Mayor: There’s been no motion to throw out the guidelines, no motion to do that
whatsoever, you’ve still got the guidelines. All right the Chair recognizes the Commissioner from
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the 4 he’s going to solve this quandary.
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Mr. Sias: Thank you, sir, with your consent I’d like to start with a question to Ms. Williams
and this is what I wanted to ask you a moment ago and Commissioner Marion Williams just kind
of referred to it. There is a policy and a guideline for what we are looking at right now, am I
correct?
Ms. Williams: Yes, sir.
Mr. Sias: Now that policy and guideline presently says that matching funds should be
expended first, am I correct?
Ms. Williams: That has been the practice. The only policy that is required is for them to
raise the 25% match and to prove that they have that 25% match on hand at the point that the
contract is executed.
Mr. Sias: Now and I’m going to refer to that and this motion simultaneously. I don’t know
if everyone was listening but the motion that was made said you didn’t even have to expend the
matching funds that was what that motion actually said and I know we didn’t want to go there and
that’s what Commissioner I believe Commissioner Marion Williams is referencing. The basis of
that motion was for lack of a better term sort of down the wrong road. So the point that I really
wanted to make in this discussion was we are saying to people in this contract you have to expend
the matching funds first. Now there are several ways to do that. If there was a design of a project
that says the matching funds was $50,000 dollars and if that was the design of that project that said
it would cost $100,000 dollars then that is the matching funds put to it now we need our SPLOST
money. It’s not rocket science but what we have done if we say that an entity must expend all
their funds I would believe that would be through actual expenditure or commitment to spend
where they need additional SPLOST dollars to go with it. Under the, would you agree with that,
Ms. Williams?
Ms. Williams: Yes, sir.
Mr. Sias: So I just, what I saying is I think you mentioned that it was put in there to insure
that the proper monies went to these projects that was matched up with the taxpayer dollars and I
don’t think that’s just hard. All the contracts need to say that and then I believe you all have the
smarts to work with and agency or organization and say this is how you do that. I think ya’ll are
fully capable of doing that without us throwing all the rules that we have out the window. I’m only
saying we should be consistent. And, Mr. Mayor, I’d like to make a substitute motion move that
a substitute motion that we ensure that these contracts are consistent with that fact that
SPLOST funds in the SPLOST contracts the matching funds be expended to it first and then
the SPLOST funds are thereafter as monitored by Finance in these contracts.
Mr. Hasan: Mr. Mayor, I’d like to ask a question before I consider seconding that.
Mr. Guilfoyle: Second.
Mr. Hasan: I’d like to ask a question, Mr. Mayor.
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Mr. Mayor: Okay, I’m going to make a Commissioner Williams I’m going to take a Point
of Personal Privilege. In this 2017 budget I’m going to ask for, Madam Clerk, a display system
that allows us to just push a button and say I want to speak next.
Mr. M. Williams: You won’t get that, Mr. Mayor.
Mr. Sias: You got to get matching funds.
Mr. Mayor: I see every hand that goes up, I see every hand that goes up. All right, so
we’ve got a substitute motion and, Ms. Bonner, you know what really should happen we should
vote on 18 independently we should vote on 19 independently and we’ll move on and do the
business of the people, that’s what we ought to do. In this matter as it relates to this motion with
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all of this other stuff they can handle that the Commissioner from the 4 the Commissioner from
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the 6 they can work on refining that policy and bring that back to us and we can move on and do
the business of the people, that’s what we ought to do.
The Clerk: The motion was for 18 ---
Mr. Sias: And 19 combined and it was a substitute motion with a second.
Mr. Hasan: We didn’t get a second, did we get a second.
The Clerk: Mr. Guilfoyle.
Mr. Mayor: Okay, praise the Lord.
Mr. Sias: And then we can be done.
Mr. Mayor: Thank you, Jesus.
Mr. Lockett: Point of Personal Privilege, Mr. Mayor.
Mr. Mayor: Hold on a minute, hold on a minute, I’ve got a substitute motion with a proper
second. All right ---
Mr. Hasan: I’m going to pass, Mr. Mayor.
Mr. Mayor: --- all right, voting.
Mr. Lockett: Mr. Mayor, I asked for a Point of Personal Privilege.
Mr. Mayor: I’m going to give it to you.
Mr. Lockett: Without me voting, it’s not going to do any good.
46
Mr. Mayor: Well, all right, I’m going to give it to you now, how about that? The Chair
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recognizes the Commissioner from the 5.
Mr. Lockett: I just wanted to say that the motion that I made incorporated everything that
the great Commissioner from District 4 had indicated.
Mr. Mayor: I did.
Mr. Lockett: But somewhere during the process some things were eliminated. But my
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motion the only thing that changed from what the Commissioner from the 4 did was amend it to
incorporate the changes, that was it. Thank you, Mr. Chair.
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Mr. Mayor: Commissioner from the 5 we’re still waiting you to vote, sir.
Mr. Lockett: All right, I’m ready.
Mr. Mayor: All right, thank you. Voting.
Mr. Fennoy votes No.
Motion Passes 9-1.
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Mr. Mayor: The Chair recognizes the Commissioner from the 8 state your inquiry.
Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Mayor, we spent a considerable amount of
time on these two agenda items. What might be good in the future I know the Administrator reads
every agenda item and a lot of this could be resolved by reaching out to here since she heads over
all the departments and a solution could be found before we make it to this floor. That might be a
good practice in the future. But I appreciate Commissioner Sias bringing this up because there
was some disconnect between the two and hopefully we get this resolved in the future. But you
know we do have an Administrator that actually runs, oversees all these departments and it would,
that’s a clearer solution on how to resolve it in the future instead of us spending all this time.
Mr. Lockett: Mr. Mayor, if that’s a motion I second it.
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Mr. Mayor: Well, you know in the wisdom from the Commissioner from the 1 he said
ya’ll did debate this in committee and moved forward with flying colors and why we’re still talking
about it today I don’t know. Madam Clerk, I’m ready to move on.
The Clerk:
ENGINEERING SERVICES
21. Motion to approve RFQ #16-178: Task Order Program (2016) for Utilities Department
in the amount of $5,000,000.00 for execution by JAMCO Civil Inc.; Blair Construction, Inc.,
CHB, and Beams Contracting as qualified and selected contractors. (Approved by
Engineering Services Committee August 30, 2016)
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22. Motion to approve proposal from ZEL Engineering for Hydraulic Model Update and
Water System Improvements. (Approved by Engineering Services Committee August 30,
2016
The Clerk: Our next item is item number 21. Mr. Marion Williams pulled this item.
Mr. M. Williams: We can do 21 and 22 together if we can I just got a question.
The Clerk: You’ve just got a question on 21 and 22, sir, okay, Mr. Mayor.
Mr. M. Williams: May I ask my question, Mr. Mayor?
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Tom, on 21 and 22 my question is has Ms. Irvin had an opportunity to
look at 21 and 22 as far as her input Ms. Kelly Irvin to see whether or not you know we just brought
somebody on board to make sure that we’re still on track. So I’m asking has she had any
conversation with you or your office or anybody on 21 and 22 especially 22 with a proposal from
one company versus ---
Mr. Wiedmeier: I’m not sure whether she looked at the ZEL contract. I believe item
number 21 was before she came on board and it would’ve been done through the Administrator’s
Office.
Mr. M. Williams: Well, she was here last committee meeting when that one came up and
I think we approved that but I think she was here then and if she may not have been here when it
was initially put out. But I think now before the horse gets out of the gate Tom you know it’s no
sense closing it if you leave it wide open he might come back so but there’s no conversation I
guess is what you’re saying.
Mr. Wiedmeier: I’m not sure.
Mr. M. Williams: Ms. Irving, Mr. Mayor, can Ms. Irving address that?
Mr. Mayor: Well, I think in all fairness to her I think Director Wiedmeier just indicated
she was here for one and maybe not the other.
Ms. Irving: Commissioner Williams, thank you very much, Mr. Mayor and members of
the Commission. I have been in communication with the Procurement Department in reference to
the RFQ process and it has been assured to me that items number 21 that the approved vendors for
this particular task order will come before us as far as evaluating individual bids and proposals for
these particular task orders.
Mr. M. Williams: And twenty-two?
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Ms. Irving: In reference to 22 that was an item that I did not have an update on that one so
I have not been able to evaluate that one in its fine detail.
Mr. M. Williams: Thank you, Mr. Mayor, I think that answered my question. I’m going
to make a motion to approve them but I think Ms. Irving in her position now should be included
on those initial bids and whatever we’re doing. We’re trying to come from the rear to catch up to
where we need to be with the local and small business participation, not necessarily minority but
local and small businesses and to make sure that she has her thumb on the button when
Procurement and any department is reaching out to spend monies on projects and stuff. So my
motion is to approve both of those but make sure that she does have an opportunity to catch up
because there’s a lot of catching up to do, Ms. Irving. Thank you, ma’am.
Mr. Hasan: Second.
Ms. Irving: Yes, thank you very much.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Ms. Irving ---
Mr. Mayor: Ms. Irving, you have another question.
Ms. Irving: I’m sorry, yes, go ahead please.
Mr. Guilfoyle: That’s no problem what are you going to evaluate?
Ms. Irving: I’m going to evaluate opportunity for local small business to participate.
Mr. Guilfoyle: Okay, thank you.
Ms. Irving: Okay.
Mr. Guilfoyle: Did you get a second?
The Clerk: Yes, sir, he did.
Mr. Mayor: No other questions, Ms. Irving. We’ve got a motion and a second. Voting.
Motion Passes 10-0.
The Clerk:
ENGINEERING SERVICES
25. Motion to approve task the Mayor and Administrator with developing a functional plan
to rid this city of blighted structures and overgrown vegetation on the right of ways and
vacant lots. Plan must include a means for resurfacing many of our streets and highways
49
that have been neglected for 10 or more years. Lastly, explain to our constituents why it’s
more important to invest millions of taxpayer dollars in lieu of providing regularly cut right
of ways and lots, surfaced streets, and the demolishing of abandoned structures. (Approved
by Engineering Services Committee August 30, 2016)
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Mr. Mayor: All right the Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, sir. Understanding the passion and desire that went into this agenda
item I can understand the reason for it. Now to the factual matter of it we have a program that’s
working very well with dilapidated, removing and doing the dilapidated houses. We also have a
program that’s working fine and working well to do the gateways cleanup the various streets and
things that need to be done to include paving. So my concern here is that this item is simply puts
another wrench in a process that’s moving along and working very well. It may not be working
fast enough for everyone concerned but it is working very well. Now for me now to see that we
want to tie up our two top officials into the middle of this when we already have department folks
that are running a very good program I see this as just simply being a boon dongle or whatever
that word is that can just basically mess up the process that we have going. So, my motion is that
we deny this.
Mr. Hasan: Second.
Mr. Mayor: All right, we’ve got a motion and a second to deny this. All right, the Chair
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recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Mayor. You know we talk about the programs we have we
talk about all we’re doing but the pace we’re doing it now is much faster than what it was three
years ago but it’ll take us another 30 years and the Garden City will still look like in parts a third-
world country. We have money in the bank that’s drawing interest right now. We could pull some
of that money out and we could get some of these things done. I’m not interested I know what we
have that’s going on now. I’ve been here for seven years pushing this I know what we have that’s
going but how can you become complacent? How do you tell your constituents on a daily basis
you’re trying to make excuses why this can’t be done? They’re not interested in waiting five years
for something to be done. They don’t want to wait for the drainage ditch behind their homes to be
cleaned even those we’ve got storm water fees. We want to attract business from the Cyber
Command. We have Gordon Highway, we have Deans Bridge, we have Milledgeville and those
roads they need to be cleaned up, the potholes need to be fixed. My constituents and I’m quite
sure that many of your constituents are no different than mine they want to see us do something
and they want to see us do it now but for too many years we said we don’t have the money. We’ve
got storm water, we’ve got SPLOST, we’ve LMIG, we’ve got all these things. Let’s spread it out.
Let’s clean up south Augusta in particular because I think the people out there they pay taxes and
they deserve better. And I disagree with my colleague wholeheartedly because the Mayor
indicated at the last meeting he saw a need for this. We are supposed to have One Augusta. We
don’t have One Augusta right now but it’s well within our reach but not at the pace we are going.
Thank you, Mr. Chairman.
50
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Mr. Mayor: All right voting. The Chair recognizes the Commissioner from the 4 I’m
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sorry from the 8, state your inquiry.
Mr. Guilfoyle: Mr. Mayor, it’s my understanding that this is not a financial impact. It’s
actually getting you and the Administrator to get together to come up with solutions, ideas without
travels and experience from the Administrator with other cities to come up with a plan or advice
blah, blah.
Mr. Mayor: I couldn’t agree with you more Commissioner I think ---
Mr. Lockett: Mr. Mayor, I think ya’ll jumped the gun because I wanted to request a roll
call vote and I see some people have voted already and we’re still talking about it.
Mr. Mayor: I understand.
Mr. Lockett: I’d like to tell my constituents to know who’s supportive of this and who’s
against it.
Mr. Mayor: All right suspend voting. I couldn’t agree with you more. Yeah there was a
lot of debate about this last week and there are some examples from Lima, Wisconsin and a couple
of other places that could be applicable here. All right, Madam Clerk, I’m going to request a roll
call vote.
The Clerk: Ms. Davis.
Ms. Davis: Yes, ma’am.
The Clerk: Mr. Fennoy.
Mr. Fennoy: What’s the motion?
The Clerk: To deny tasking the Mayor and the Administrator with developing this
functional plan.
Mr. Mayor: Absolutely, I want to work on this.
Mr. Fennoy: If Mr. Mayor wants to do it, I support it.
The Clerk: Mr. Frantom.
Mr. Frantom: Yes, ma’am.
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: No, ma’am.
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Mr. Mayor: All right so, Madam Clerk, what needs to be clarified is the motion the motion
to approve ---
The Clerk: Is to deny.
Mr. Mayor: --- right but what the caption here reads though is different so I think the
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Commissioner from the 1 may want to make sure what he’s voting he’s voting yes or no.
Mr. M. Williams: He done voted now, Mr. Mayor, this ain’t no nursery school.
Mr. Mayor: No, it’s not.
Mr. M. Williams: He ought to know what to vote on now.
Mr. Mayor: Well, the motion is to deny this action and if you vote yes then you’re
supporting the motion to deny. If you vote no, then you’re opposing it that’s again what’s being
stated here.
Mr. Lockett: You can change your vote.
Mr. Mayor: Well, let me state for the record. It don’t make me no different from what you
do. I mean at the end of the day we’re going to get it done. All right, Ms. Bonner, continue.
Mr. Fennoy: Can I ask what does she understand my vote to mean?
Mr. Mayor: Sure you absolutely can.
The Clerk: I’m going to defer to the Parliamentarian whose job is to make that
interpretation, Commissioner Fennoy.
Mr. Fennoy: (unintelligible) asked the question ---
The Clerk: You asked the question it was to deny to approve tasking the Mayor and the
Administrator, I heard what you said.
Mr. Fennoy: Okay.
The Clerk: I heard what you said.
Mr. M. Williams: Well, what was the determination (inaudible).
Mr. Mayor: No, Commissioner, Mr. Fennoy’s question to me was did I want to do this
work? That was his question to me.
Mr. Fennoy: And I said if the Mayor wanted to do it then I vote yes.
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Mr. Mayor: That’s correct (unintelligible).
The Clerk: Mr. Hasan.
Mr. Hasan: Yes, supporting the motion.
The Clerk: Mr. Lockett.
Mr. Lockett: No.
The Clerk: Mr. Sias.
Mr. Sias: Yes.
The Clerk: Mr. Smith.
Mr. Smith: (inaudible).
The Clerk: All right, is that what you’re doing, sir? Okay.
The Clerk: Mr. Dennis Williams.
Mr. D. Williams: No.
The Clerk: Mr. Marion ---
Mr. D. Williams: Wait, wait, wait ---
Mr. Hasan: He done voted.
Mr. D. Williams: I’m denying, voting to deny.
The Clerk: To deny, okay, that means yes.
The Clerk: Mr. Marion Williams.
Mr. M. Williams: Present.
Mr. Smith and Mr. M. Williams abstain.
Mr. Fennoy, Mr. Guilfoyle and Mr. Lockett vote No.
Motion Fails 5-3-2.
Mr. Lockett: Point of Personal Privilege, Mr. Mayor.
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Mr. Mayor: The Chair recognizes the Commissioner from the 5 for a Point of Personal
Privilege.
53
Mr. Lockett: Thank you. Those in opposition to this I want you to know that when you’re
out there campaigning for reelection, I’m going to be out there reminding the citizens of your vote.
Thank you very much.
The Clerk: Item number 31, sir? Okay.
The Clerk:
ADMINISTRATIVE SERVICES
31. Discuss the authority to discontinue compensation paid to commissioner’s appointment
to the various boards, authorities and commissions. (Requested by Commissioner Marion
Williams)
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Mr. Mayor, this was ---
Mr. Mayor: You had another motion that was before us.
The Clerk: Oh, I’m sorry. Wait a minute ---
Mr. Mayor: There was a roll call vote, we’re losing people.
The Clerk: --- no, I didn’t have a, had one motion ---
Mr. Mayor: Right you had one motion and that was to deny his motion failed.
The Clerk: --- so no action was taken.
Mr. Mayor: No action was taken.
Mr. M. Williams: Item 35, Mr. Mayor?
Mr. Mayor: Hold on just a minute.
Mr. M. Williams: I’m trying to figure out where you’re at.
Mr. Mayor: We’re on 31 just hold on a minute though.
The Clerk: Yes, sir, we’re at 31.
Mr. Mayor: All right, Commissioner?
Mr. M. Williams: Yes, sir, I had this item placed on the agenda to talk about the various
boards and authorities that was assigned at one point through the state but I was serving on a
54
Planning and Zoning Board and I was told that I wasn’t able to be compensated for that board.
Now when I served on the Health Department Board even when I served on the Planning and
Zoning Board before so I got compensated and any other Commissioner who served on the board
and I was told I would be double dipping. Well, I said I was double working. I worked both boards
I didn’t stay home and ask for that I was assigned that board. The statute from the state did say
that those six boards that those servers did get compensated. So I’d like to know how the decision
arrived that the ex-officio member didn’t get compensated for that.
Mr. Mayor: Who are you directing your question to Mr. Chairman, to me?
Mr. M. Williams: Yeah, you’re just as good as anybody else, Mr. Mayor, I want somebody
to give me an answer I mean.
Mr. Mayor: I don’t have one for you.
Mr. M. Williams: Okay well maybe you can appoint somebody else who has an answer.
Mr. Mayor: All right, I don’t have the institutional knowledge that you have with regards
to all this and what may have happened years ago or how they arrived at that but the Chair
recognizes Attorney MacKenzie. If I remember correctly, Attorney MacKenzie, last year there
was an expansive notebook pad that was put together of all of the boards, commissions and
authorities, what their compensation was and we had some debate about it last year and we find
ourselves talking about it this year as well. Can you speak to this matter?
Mr. MacKenzie: Yes, well the Department of Health is actually a separate legal entity.
It’s not a division of this government. And the Planning Commission used to be a separate legal
entity and I think that’s what’s created the difficulty here is because when it was rolled under the
umbrella of being part of the Augusta Georgia Government then it’s not a separate entity anymore
so any compensation that was provided previously to a Commissioner would be provided to a
sitting Commissioner and I think that’s the issue that has changed that was not previously the same.
And as an ex-officio member then there wouldn’t be any pay because it’s now the same
government whereas before it was two separate legal entities. There’s a number of other various
boards and authorities and I’ll be happy to look at those in detail in addition to those two.
Mr. Mayor: All right, Commissioner Williams, continue.
Mr. M. Williams: Thank you, Mr. Mayor, and to Mr. Andrew I’d like to know from him
who’s authority gave this body well not given this body this body given the authority or who gave
that power to take that away. The state board at one point said there was five or six entities, boards
I’ll say, they got compensation. And I was appointed to the board. I didn’t just go by and stop in
there and spend the time but I was appointed to that board so my question is, Mr. Mayor, who
authorized that did this body do that who had that power in their hands that they could wave the
magic wand and make that disappear like that is my question.
Mr. Mayor: Attorney MacKenzie.
55
Mr. MacKenzie: To answer the power is derived under Home Rule and it through the
Commission in making the decision to roll that function to become part of the Augusta Georgia
Government so through Home Rule and it was a decision made by this Commission.
Mr. M. Williams: And that decision was done through the Commission to take the salary
away from just one person or that whole board because the rest of the board I think is still being
compensated. So, my question is and if that happened I’d like to see the minutes of that from the
Clerk’s office or in your office whoever got the records because the Clerk ain’t got all of them.
But if you’ve got it I’d like to see where that came about and when that was voted on.
Mr. MacKenzie: Sure, this was not a within a separate independent action to address the
salary of one position. It’s just the effect as the result of the decision that was made by the
Commission to make it part of the government is that the ability for compensation to come from a
separate entity would no longer be there.
Mr. M. Williams: Any time you take, Mr. Mayor, can I follow up?
Mr. Mayor: You can.
Mr. M. Williams: Thank you, sir. Any time you take compensation away from any one or
two people it had to come from and authority from someone. It don’t just, you just don’t
automatically pick somebody because they could’ve picked one of the appointees that we appoint
on that board. Now the state statute decided what the amount was and who got paid. It said board
members didn’t say anything about ex-officio it said board members. Now I’ve been working
with this for some time in fact I stopped going to the meetings, Mr. Mayor, because I’m not sit in
a meeting and not get compensated they asked me about the pre-meeting. I said why should I
come to a pre-meeting when they ain’t paying for the regular meeting. So I ain’t found out yet
who made that decision. What you’re telling me is through change but through change somebody
had to make that decision. And the state statute says I don’t think we override the state said these
are the boards one, two, three, four, five, A, B and C they named those boards. There are a lot of
boards that don’t get any compensation at all so I still don’t know unless it’s in the minutes in your
office that when that was done and who gave the authority to do it.
Mr. MacKenzie: I understand. I don’t have any of the minutes those would be part of the
official records in the Clerk’s office.
Mr. M. Williams: Madam Clerk, do have such minutes?
The Clerk: No, sir.
Mr. M. Williams: Okay, well, I don’t think they exist but and that’s my question who gave
that authority for somebody to decide not just me but any one of us up here would be eliminated
from the compensation because it changed from one direction to another. The state statute says
the board gets paid, board.
56
The Clerk: Mr. Mayor, if I can just clarity my response to that is that I do not have minutes
that specify that the compensation paid to various boards, to Commissioners who serve on the
various Richmond County Boards, Authorities and Commissions be discontinued. Now the
Attorney eluded to the creation by way of the Planning and Development Department when that
was done under the reorganization. Now if that’s what he’s eluding to is that what you’re
referencing under the reorganization? Now those minutes are in our office but I don’t find anything
in that reorganization ordinance that directly addresses discontinuing the compensation paid to ex-
officio members.
Mr. M. Williams: My last question, Mr. Mayor, and this is directed to you as the chief
officer that presides over this elected body. Should that not have come through this body through
six votes or some kind of way for somebody to make that decision or can willy nilly or any Billy
goat can make that decision and just happen. I mean it happened to me but it could’ve happened
to anyone up here. I didn’t, I mean that was a board I was assigned and served on it. Now I can
see when I worked for the Planning and Zoning before they said through the change then the
compensation stopped but that should have at least been brought to this body. But I’m not
surprised at a lot of stuff not really have been brought to this body but my question to you shouldn’t
that have been brought to this body before somebody made that decision.
Mr. Mayor: Well, with regards to decisions that were made in prior administrations and
decisions that were made by prior commissions I can’t speak to that with regards to whether or not
elected officials who served in ex-officio roles shall or shall not be compensated. I think that again
today and when this was brought up last year one of the things I suggested that if it was important
if it was important as you constantly remind me and us it takes six votes. And so if that was a
matter that was important I’m sure you’ve got colleagues who probably agree with you who can
put together something and say that an ex-officio capacity this is who shall or shall not be
compensated. That would be all I could offer at this point because I don’t have the meeting minutes
or the historical perspective about again when this action was taken whether it be the Planning and
Development Board, whether it be Board of Zoning and Appeals or any of those I don’t know.
Madam Clerk.
The Clerk: The Planning, the Augusta Commission in their bylaws and procedures they
discussed the appointment of an ex-officio member from the Commission serving on that board.
Also in that document they discussed the compensation paid to all members. It does not distinguish
if it’s an ex-officio member or an appointment it says all members of the board will be
compensated at a specified rate. So if that helps you we do have that document. It was approved
by the reorganized Augusta Commission. I mean the Planning Commission.
Mr. Mayor: Okay all right so with that, Madam Clerk, if you could distribute a copy of
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that to everyone so that we can again I’m going to ask the Commissioner from the 9 if he’ll move
this to committee and we get that document and then we’ll be able to make a better decision on
how we move forward.
Mr. M. Williams: I have no problem doing that, Mr. Mayor, I’ll move it to committee but
I want to at least acknowledge the fact that there are a lot of boards who do not get compensated -
--
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Mr. Mayor: Sure.
Mr. M. Williams: --- a lot of boards. Now if they took one and what gets me is if the reorg
or the change took everybody off and the people serving on the boards just serve to give their time
I wouldn’t have a problem but it looked like they singled out just one and it happened to be me but
it could’ve been anyone of us. And I don’t understand how the rest of the board is still getting
paid and the state statute says named the Planning and Zoning Board as one of those other boards
that they get paid. It may not be a lot of pay. I got $25.00 dollars when I was on the Health
Department Board I mean you get the you had to make the meeting you didn’t get it just to be
getting it you had to take your time to go to the meeting.
Mr. Mayor: Sure.
Mr. M. Williams: So I don’t mind moving this to committee.
Mr. Frantom: Second.
Mr. Mayor: Okay, I appreciate that.
Mr. M. Williams: Mr. Hasan and somebody else had their hands up.
Mr. Mayor: Yeah, I got their names written down. The Chair recognizes the Commissioner
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from the 6.
Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor, I have a question for the Attorney if you
don’t mind.
Mr. Mayor: Attorney MacKenzie.
Mr. Hasan: First thing just a little history I was in the Chambers in 2011 when they made
this and what took place here they decided to bring the Planning and Zoning inside the government.
It was a Home Rule that was created in terms of the creation of this and then in 2011 they brought
it in. But what they did do and so this is my question to the Attorney what difference, does it make
does it make any difference even though we brought it in to recognize it as a government entity
per se but they still adopted the state policy in terms of how they operate, does that make a
distinguishing difference is there a difference there because they definitely left those things in
place.
Mr. Mayor: Attorney MacKenzie.
Mr. MacKenzie: I don’t think them adopting that policy makes any difference because it’s
still an action that is a result of this government. And when it became part of this government then
it triggers the conflict of interest provisions within the government like the Health Department is
clearly a separate legal entity. The Health Department makes the choice to make payment then
that’s their choice. The Planning Commission before they became a part of this government made
58
a choice to pay compensation and that was their choice. The when it became part of this
government then it’s controlled by this body and that’s what has created this anomaly.
Mr. Hasan: Okay, well also let me ask you this. And possibly the document that
Commissioner Williams and Ms. Bonner has made reference to do you know of any action that
this body has taken in terms of how they continue to compensate them? The Commission was
supposed to make a decision around that when in 2011 they brought it in house did they revisit
that and decide what the compensation should look like?
Mr. MacKenzie: To my knowledge no adjustments were made with respect to the
compensation.
Mr. Hasan: Are they getting paid currently?
Mr. MacKenzie: It was just an adopting of that entity as part of their reorganization which
is a broader plan and that became part of our government. But I don’t think the issue of
compensation for the board members was raised separately at that time.
Mr. Hasan: Okay, thank you, Mr. Mayor.
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Mr. Mayor: The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Mr. Mayor, I do think that we need to move this back to committee but if
there was no decision made not to compensate the Commissioner that served as ex-officio on that
board then I would like to know who made the decision not to compensate the Commissioner that
served as ex-officio member on that board at the next committee meeting.
Mr. Mayor: Okay, all right, again, I certainly think that’s appropriate. All right, we’ve got
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the Commissioner from the 9 who is going to move this to the next committee cycle a motion to
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do that. I got a second from the Commissioner from the 7. I’m going to leave it at that. Voting.
Mr. Guilfoyle, Mr. Lockett and Ms. Davis out.
Motion Passes 7-0.
The Clerk:
ADMINISTRATIVE SERVICES
32. Discuss random drug testing. (Requested by Commissioner Marion Williams)
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor, this is again an attempt to just add to the pool
of employee’s names that possibly have an opportunity or have a chance for a random drug test
now they did make a time for the random. Now I said this in committee and I’ll say it again there
are some employees that have been tested four and five times and there are some employees that
have been tested none at all the whole entire time they’ve been here. In speaking with the Fire
59
Chief last week and I didn’t tell him I was going to put him on Front Street but he’s been tested
four times himself so I’m trying to figure out how this get to be random when we’re doing this.
And if it is random then that just tells us we ought to have more people in the pool or have more
opportunities. I mean I think it’s wrong to specify what they call the Safety Sensitive people who
drive equipment or drive our cars and our trucks but folks who are doing office work and different
places just don’t have an opportunity. I think a city our size ought to make sure that if your name
comes up then you have an opportunity to have a drug test and if there’s a problem we ought to be
trying to get that person some help. But I don’t think we ought to just specify for those who are
cutting grass or those who are driving our trucks or our equipment I think everybody ought to have
an opportunity. Now somebody mentioned about elected officials and I got no problem with that
but the Ethics Board takes care of that particular part of it so I just think we need to add to the
pool, it wouldn’t cost any more money just more names. And I would love to know who’s doing
our random selection now because evidently it’s not random when certain employees been tested
five and six times and the Fire Chief said he was tested four times, it can’t be random I mean we’ve
got too many employees for their names come up that many times. So I would like to know who’s
doing the selection for us and we might need to change that.
Mr. Mayor: The Chair recognizes the Mayor Pro Tem.
Mr. Smith: I know being a private enterprise you lead by example if you can as much as
you can and I think this is a great opportunity. If you draw a Richmond County Government
paycheck or it be a state paycheck or federal paycheck you’re in the pool to be drug tested. I don’t
care what you say I was shocked when some of the people I knew that left my company went to
work at SRS, the airport various other places and boy they popped the drug test on them when they
didn’t know it was coming and you hate to see a man get in trouble but you know when you’re
going to do something that’s against the law or against what you stand for you’ve got to pay the
consequences. So, they ought to test everybody that draws a Richmond County paycheck first.
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Mr. Mayor: All right, very good. The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Yes, Mr. Mayor, I would like to see this item discussed tomorrow morning
when we talk about the revisions that we make in our Personal, Policy and Procedures Manal ---
Mr. Mayor: Excellent idea.
Mr. Fennoy: --- and get some feedback from our H.R. Director along with them put some
Commissioners about how this policy should be implemented and who should be you know
impacted by this policy.
Mr. Mayor: Very good, thank you so much. All right the Chair recognizes the
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Commissioner from the 4.
Mr. Sias: Thank you, sir. The last time we discussed this item I requested some
information from Risk Management. I just want to know if that information is available today if
I may request that, Mr. Mayor.
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Mr. Mayor: Ms. Williams.
Ms. Williams: Commissioner Sias requested the total number of employees that had been
tested and the total number of employees that were in the pool over the last 12 months. So, the
total number of employees that had a possibility of being tested from August 2015 to August 2016
is 13,220 that’s counting the entire amount that are in the pool each month and just a sum total of
those. Now 2,000 employees have actually been tested; we test 10% of the employees that are in
the pool. Currently there are 1,821 employees in the pool so for that month we tested 181 people.
Now if you test 10% of your employee pool the chances of you coming up more than once in a
year are pretty good. You’ve got about 20% of your people that are going to be likely to be tested
twice because if you test 10% each time and you’ve got 12 months so you’re going to run through
that pool. But you need to understand that every time you get tested you go back in the pool again
so you have an equal opportunity of being pulled out each time. So, we tested 2,000 employees.
Those that were tested twice were 361 folks. Those that were tested three times were 134 folks
and then we did have 41 especially lucky people that were tested more than three times.
Mr. Sias: Can you give me that number again on the ones who have been tested twice?
Ms. Williams: 361 which is about 20% of your pool which if you’re looking at the
probability of you getting tested twice in a year. You’ve got 10% each month so you’ve got 12
months in the year so you’ve got two months-worth of overlap. So, you would expect about two
times 180 people to be tested twice which is exactly what that number came out 361. We had 134
people that were tested three times and 41 people such as the Chief that got pulled more than three
times.
Mr. Sias: Okay, thank you.
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Mr. Mayor: The Chair recognizes the Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor, I have concerns as well mine’s a little
quite different from Commissioner Williams or so I thought in that I know last week Ms.
Smitherman was giving us some Supreme Court rulings on I think if I understood her correctly
about who should qualify to be tested. I didn’t foresee that number getting into 2,000 of the
personnel out of 2,600 I thought it would be much less. But to her credit though Ms. Williams did
say it was about 1,800 people that were actually in the pool out of 2,600, I’m sorry am I saying
something wrong?
Ms. Williams: We tested 2,000 people over a 12-month period so there were 2,000 out of
13,224 possibilities.
Mr. Hasan: No, ma’am I was talking about the number, okay no problem that wasn’t
important but thank you, ma’am. My point is, Mr. Mayor, I think we do need to look at this
because still you’ve got if you look at the numbers that we have it’s still about 60% or 70% of
those persons in that pool did not get tested if you look at the numbers so we have to be concerned
about that. I’m not sure we’re using the best practice when we take a person who’s been tested
this month and throw them immediately back into the pool and ended up getting three and four
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times in the course of that because some of the persons who have spoken to me they happen to be
two and three months consecutively and that was of concern to them. And a couple of them was
not even who I was speaking with when I was kind of spoken of this issue in committee cycle last
month or last week, last week. But since that time there’s been a couple of other people who seem
like they’re being targeted around this issue so it may be how we look at this process is being the
process is being carried out or what have you. I like to see us at the committee level next week is
have Ms. Smitherman once again to go over who’s to be tested and then again for Ms. Williams
to go through the process of actually of how that process is conducted and we have to see that if
it’s a fair and open process. If she wants to do something different in terms of the process or in
terms of the company who’s making those selections so we can do that at the committee and I’m
hoping that we can send it back. With that in mind I’d like to put that in the form of a motion.
Mr. Sias: Second.
Mr. Mayor: All right, okay we’ve got a lot of discussion. All right the Chair recognizes
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the Commissioner from the 7 Commissioner Frantom.
Mr. Frantom: I’m going to pass, Mr. Mayor, to Commissioner Sias if we’re going to send
it back to committee. I’m just waiting.
Mr. Mayor: Commissioner Sias.
Mr. Sias: I’m good, thank you.
Mr. Mayor: Commissioner M. Williams.
Mr. Williams: I’m not that good, Mr. Mayor. My question is I guess the people that are
doing the testing how long have they been doing it and have we went out to bid to try somebody
else. Something just don’t sound right and I don’t know whether they’re doing it correct or
incorrect but it just don’t sound exactly right to me. My question to Ms. Williams is how long, I
don’t even know who it is I just need to know how long they’ve been doing it and have we
considered getting a proposal for someone else to give us an opportunity to see if they’re going to
come out the same way. I mean there’s some issues I could put out here and we’ll create more
conversation and we don’t need to talk about it no more but there’s some things that I could lay
out here that really hadn’t set well in this government. But how long has the present people who’s
doing the testing for us been doing it?
Ms. Williams: A little over a year.
Mr. M. Williams: A little over a year so we just changed then.
Ms. Williams: The company that pulls the random numbers, they do not have any
employee names all they have is a series of numbers so there is no connection, they have no way
of knowing names.
M. M. Williams: Okay.
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Ms. Williams: The Risk Management who has the names they have no control over the
selection of the employee. There’s just a pool of random numbers that are pulled by the company,
They’re sent back to us, they’re associated with a list of employees that are in the eligible pool that
have an assigned number to them. Those numbers are shuffled so that not the same employee does
not always have the same number assigned to them. And the employee doesn’t know what the
number is, the company doesn’t know what the names are. It’s all completely anonymous and
random until the numbers come back and they are matched up by one employee in Risk
Management so that you then have to go through the process of notifying the people who get
tested. There’s a whole procedure that we can provide for you related to that (unintelligible)
question.
Mr. M. Williams: Ms. Williams, thank you. Mr. Dobbs, everybody can’t shuffle cards if
you noticed that. If you ever tried to deal the cards and I’ve gotten so I can make them fold together
but everybody can shuffle I understand ---
Ms. Williams: It’s programmed differently.
Mr. M. Williams: --- I understand I understand what you’re saying I’m just trying to make
light of this situation that even though what you just explained to me had not always come to
fruition because I know personally of those folks who was supposed to be drug tested and never
showed up. Now I don’t want to get in opening that can of worms, I don’t want to get out here to
do that but I’m just talking about shuffling a deck or cards, everybody can shuffle but whoever’s
doing I mean they’re doing it for a year I thought they’d been here three or four years but it sounds
like they’re fairly new. But I noticed for myself there’s some employees who’s supposed to have
been drug tested and how they got ‘the words’ Sylvia I guess a little bird told them I don’t know
who told them but they by chance it didn’t happen and on more than one occasion. So that’s why
I asked the question about who was doing the testing for us. Now we’re going take it on in
committee so Mr. Mayor I’m going to leave it right there. We’ve been hearing it too long already.
I thought it was going to be a short day and any time I say that it’s going to be a long day and I
ain’t going to make it no more long.
Mr. Mayor: Thank you, I appreciate that. All right we’ve got a motion to move this to
committee and a second. Voting.
Mr. Guilfoyle, Mr. Lockett and Ms. Davis out.
Motion Passes 7-0.
The Clerk:
ADMINISTRATIVE SERVICES
34. Authorize amendments to the health and wellness contract designed to improve overall
employee health conditions through wellness initiatives while managing the cost of
healthcare services. (No recommendation by Administrative Services Committee August 30,
2016)
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Mr. Hasan: Motion to approve.
Mr. Fennoy: Second.
Mr. Mayor: All right voting.
Mr. Sias: Excuse me.
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Mr. Mayor: Okay, all right, I have a hand all the way down Commissioner from the 4.
Mr. Sias: Thank you, sir. I do support this item I just wanted to make one, one
change. I’m going to make a substitute motion that we approve it and reevaluate it in 12-
months.
Mr. Hasan: I can live with that.
Mr. Fennoy: I’ll second that substitute.
Mr. Hasan: I can withdraw my primary, Mr. Mayor. I’ll just vote for the substitute
whatever tickles your fancy.
Mr. Mayor: I’ve got a substitute on the floor and a proper second. All those in favor will
vote yea and all those opposed will vote no. Voting.
Mr. Frantom: What are we voting on?
Mr. Mayor: You’re voting to approve this ---
Mr. Frantom: On my screen it says Municipal Building.
Ms. Williams: Oh, I’m sorry.
Mr. Frantom: Just trying to understand what happened.
Mr. Mayor: --- voting as read by The Clerk you’re voting on item number 34 I said that
with southern twang you’re voting on item number 34, my southern drawl.
Mr. Frantom: Can I ask a question?
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Mr. Mayor: All right, Madam Clerk, the Chair recognizes the Commissioner from the 7
for a question.
The Clerk: Are we voting, sir?
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Mr. Mayor: The Chair recognizes the Commissioner from the 7 for a question.
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Mr. Frantom: Is Mr. Loeser, is this the one that you gave, sent to me Option B that said
there’ll be a 10% increase on the employees.
Mr. Loeser: Yes, sir.
Mr. Frantom: Thank you, Mr. Mayor.
Mr. Mayor: All righty.
Mr. Speaker: (unintelligible).
Mr. Mayor: No, the wrong caption was up. You’re voting on 34, you was just pushing the
button too fast that’s all. Item number 35 is our next I’m going to ask ---
The Clerk: Mr. Mayor Pro Tem, are you going to vote on this item?
Mr. Smith: I was going to wait to see what (unintelligible) were going to do.
The Clerk: Okay then.
Mr. D. Williams votes No.
Ms. Davis, Mr. Lockett and Mr. Guilfoyle out.
Motion Passes 6-1.
PUBLIC SAFETY
35. Municipal Building Security. (Requested by Commissioner Marion Williams)
Mr. Mayor: All right, item number 35 we’re going to move that to the next committee
cycle. All right, okay ---
Mr. Hasan: Are we going to Legal, Mr. Mayor?
Mr. Mayor: --- no, sir, we’re going to move that to the next committee meeting.
Mr. Hasan: You told us last week we were going to do a (unintelligible).
Mr. Mayor: I did. I’m tired I’m out of gas right now.
Mr. Hasan: One, two, three, four, five, there’s enough of us to do it.
Mr. Mayor: Well, you when I leave I don’t think you’re going to have enough.
Mr. Hasan: No, we still have enough. They say we’ve got seven we’ve got seven I think
it’s too important to leave it out there like that.
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Mr. Mayor: I disagree I’ve got another matter I need to deal with. We’re going to move
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that item to the next committee meeting. Commissioner from the 9 a motion to do that.
Mr. M. Williams: So moved.
Mr. Frantom: Second.
Mr. Mayor: All right, we’ve got a motion and a second to move to the next committee.
Ms. Davis, Mr. Guilfoyle and Mr. Lockett out.
Mr. Hasan and Mr. D. Williams vote No.
Motion Fails 5-2.
Mr. Mayor: This meeting is adjourned.
\[MEETING ADJOURNED\]
Lena Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
September 6, 2016.
______________________________
Clerk of Commission
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