HomeMy WebLinkAboutRegular Commission Meeting May 2, 2017
REGULAR MEETING COMMISSION CHAMBER
MAY 2, 2017
Augusta Richmond County Commission convened at 2:00 p.m., May 2, 2017, the Hon.
Hardie Davis, Jr., Mayor, presiding.
PRESENT: Hons. Jefferson, Guilfoyle, Sias, Frantom, M. Williams, Davis, Fennoy, D.
Williams, Hasan and Smith, members of Augusta Richmond County Commission.
Mr. Mayor: Good afternoon, everybody. Welcome to the city’s place of business in the
Municipal Building. John Clark, we are here to do the people’s business and so we do hereby call
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this meeting to order at 2:15 to the Commissioner from the 4. The Chair recognizes Madam
Clerk.
The Clerk: Yes, sir, at this time we’d have our invocation delivered by the Reverend
Herman “Skip” Mason, Pastor of the Trinity CME Church after which we’ll have our Pledge of
Allegiance. Would you please stand.
The invocation was given by Reverend Herman “Skip” Mason, Pastor, Trinity CME
Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Pastor Mason, would this body please join me in thanking and congratulating
Reverend Herman “Skip” Mason the Pastor of the historic Trinity CME Church for serving as our
Chaplain of the Day. Your spiritual guidance and civic leadership continues to serve as an example
not just to those of us in Augusta but there in Atlanta as well. Thank you so much. (APPLAUSE)
The Clerk: Mr. Loeser, do we have a recognition you’d like to acknowledge?
Mr. Loeser: Yes, thank you. Good afternoon Mayor Davis, Commissioners, Directors and
citizens of Augusta Richmond County my name is Michael Loeser, Human Resources Director for
Augusta Richmond County. Today it is my pleasure to recognize our April Years of Service
recipients. For the month of April 2017 we have 22 employees celebrating 5 to 20-years of service
with Augusta Richmond County. This afternoon we would like to especially recognize our 25 to
50-years of service recipients. We have one employee who is not in attendance at this time
celebrating 35 years of service today John Francisco, Sheriff’s Development with 35 years of
service. (APPLAUSE)
The Clerk: Thank you. At this time we would like to ask the Mayor along with
Commissioner Bill Fennoy, Mr. Anthony Jones and members of the Augusta Disposal Company
would you please come forward and join the Mayor and Commissioner Fennoy. And while they
make their way, Mr. Jones is considered as a contractor-employee. He works with the Augusta
Disposal Company and Mr. Jones, Mr. Jones is being recognized today as one of our Community
Champions Award and I will share with you an incident that happened earlier this year regarding
Mr. Jones and his daily activity in carrying out his duties. A routine Wednesday route quickly
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turned eventful for an Augusta Waste Collector after a toppled trash can revealed thousands of
dollars. 30,000 customers per week, 74-employees and 14 pieces of equipment helped keep the
wheels rolling down at Advanced Disposal. But it was one fateful Wednesday that had these folks
beaming with pride. Someway, somehow the arm of a truck wasn’t working properly when I got
ready to dump my can over into the hopper all of the trash fell over onto the ground said garbage
collector Anthony Jones. What would’ve been a headache for most turned into a chance encounter
for Mr. Jones. When I walked around the truck to pick up the trash there was two empty envelopes
full of money. What would you do? Pocket the money or return it? Well for Mr. Jones the
decision was a no-brainer. I went and knocked on the customer’s door and returned the cash back
to her. Jones said a lesson taught by his parents many years ago is what compelled him to do the
right thing. If something’s not yours, return it if you know who it is. Now Mr. Jones’ supervisor
Walt Richards tells at that time Fox News 54 that this act of service is inspiring the entire
department. When I first heard the story I was astonished. He brought a smile to the group.
$8,500.00 dollars returned to its rightful owner. An employee who is a walking testament that
good people do in fact exist. No matter what it seems like we have to always remember by doing
the right thing God will bless you more said Jones. The rightful owner of the cash was so excited
she gave Mr. Jones a reward for his kind act and told him to buy the biggest steak he could find in
the City of Augusta. In light of that the Office of the Mayor, Community Champion Award and
we’ll share the wording with you. Given to Mr. Anthony Jones, Waste Collector at Advanced
Disposal Company. The City of Augusta recognizes and applauds your selfless act of returning
thousands of dollars in the amount of $8,500 dollars that was mistakenly thrown in the trash and
returned to its rightful owner. The Augusta Community has benefited greatly from your goodwill,
the integrity that you displayed and the devoted service you exemplified by your extraordinary
hard work. Thank you for your commitment to civic excellence and for inspiring the Augusta
community that good people in fact do exist. A leader is one who knows the way, goes the way
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and shows the way, John C. Maxwell. Given under my hand this 2 Day of May 2017, Hardie
Davis., Jr., Mayor. Congratulations, Mr. Jones. (APPLAUSE)
Mr. Fennoy: You know a couple of times I have found wallets and pocketbooks and the
first thing I do when I find them is to look in them and see how money is in there. This is honest.
And you know there have been maybe $50/75.00 dollars and I immediately hand it back to the,
take it to the rightful owner. But I ask myself a lot of times suppose there had been thousands of
dollars in that pocketbook or in that wallet. What would I have done then and I think that what
Mr. Jones has done today is a good example of what I want to be like and what all citizens of
Richmond County ought to be like. Congratulations, Mr. Jones. (APPLAUSE)
Mr. Walt Ritter: Yes, good afternoon, everybody, Honorable Mayor and Chairmen, we’re
just, I’m the manager at Advanced Disposal and Anthony just exemplifies not what we do at
Advanced Disposal but what good people do. This was a decision that Anthony made and I’ve
known him for quite some time now that he didn’t even have to think about. In his mind it was
the right thing to do and that’s the way he was born and he was raised and he brings that to work
every day for Advanced Disposal. And what he shares with our group at Advanced Disposal is
enormous and the powerful message he sent that day when he did this kind deed it was awfully
powerful for the whole group so, Anthony, I personally want to thank you. (APPLAUSE)
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Mr. Mayor: Again, Anthony, on behalf of the entire City of Augusta, Augusta Commission
and all of our citizens you embody what it is to see the example on one Augustan. You care about
what you do but you care about the citizens as well. Thank you so much for what you’ve done.
Mr. Jones: Yes sir, thank you. (APPLAUSE) I would just like to thank everyone for this
and it’s must my duty and my job to just to take care of the customers in Richmond County and
that’s our goal is just to succeed and make sure that everybody’s happy and well taken care of.
And I couldn’t have done it without the best boss with our Mayor, Mr. Walt, so we just thank you
all for this opportunity, Mayor and everybody, we just thank you. (APPLAUSE)
The Clerk: Steve, I want to offer an apology. I think I said earlier Augusta Disposal,
Advanced Disposal please accept my humble apology, no disrespect intended. All right, thank
you and thank (unintelligible).
Mr. Mayor: It must be it must not be council meeting day in Sugar Hill. We have the
Mayor of Sugar Hill with us on today and so excited to have you here in the City of Augusta,
Georgia. You’re quite welcome. All right, Ms. Bonner.
The Clerk: I call your attention to the consent portion of our agenda which consists of
Items 1-15, Items 1-15. Do you want to pull, I mean we don’t have any alcohol or Planning
petitions.
Mr. Mayor: The Chair will entertain any motions to add or remove from the consent
agenda. I know that we have item number five I believe that we want to, item number four that
we want to remove from the consent agenda and number eight, items number 4 and 8 from the
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consent agenda. All right, the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Mr. Mayor, I would like to see if we could add agenda item number 20 and
I’d like to personally apologize to Chief James for last Tuesday I caught him off guard. My job is
to look at numbers and I couldn’t figure it out and after with speaking on Chief James on
Wednesday he put some clarity to it. It all depended on the trading in of five vehicles versus six
so I just wanted to express that and consent agenda item number 20.
Mr. Mayor: All right, wonderful thank you so much for your leadership on that
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Commissioner. The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. I think you’ve got number four pulled but I’d
like to address and you don’t have to pull those, 13 and 14 to get some clarity. I’m in support but
I need some clarity on 13 and 14.
Mr. Mayor: All right, so items 13 and 14 we’ll pull, okay? The Chair recognizes the
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Commissioner from the 1.
Mr. Fennoy: Mr. Mayor, I’d like to pull item number 1, number 2, number 3, number 5,
number 6, number 7, number 9, number 10, number 11 and number 12.
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Mr. Mayor: Okay, Sylvia, I thought we were going to get out early. I was wrong.
Mr. M. Williams: I’ve got some issues with those pulling’s, Mr. Mayor.
Mr. Mayor: Well, again, I think you can certainly can object but he’s well within his right
and as often times as you and others have done it he has that right.
Mr. M. Williams: Well, I’m ---
Mr. Mayor: I know, I know.
Mr. M. Williams: --- not opposed to the Commissioner pulling these I’m just letting him
know I’ve got some oppositions to them.
Mr. Mayor: Sure, well, then you voiced that, you absolutely voiced that.
Mr. M. Williams: He can pull the house down.
Mr. Mayor: I know we’re going to give you a chance to rebuild it in a minute. Okay, are
there any other motions to add or remove from the consent agenda?
Mr. Sias: Do we have any left?
The Clerk: We have a few, one or two literally one and two we have two, we have number
7 and number 15 left on the consent agenda and number 20.
Mr. Sias: No, he pulled seven.
The Clerk: You pulled seven?
Mr. Mayor: He did, he did.
The Clerk: So 15 and 20 then.
Mr. Mayor: Okay ---
Mr. Sias: Move to approve.
Mr. Mayor: --- hold on, hold on, hold on, the Chair recognizes the Commissioner from the
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9.
Mr. M. Williams: Mr. Mayor, I was wanting to add Legal, we hadn’t talked about Legal.
Can I make a motion to go into Legal before we go to the agenda or?
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Mr. Mayor: You don’t want to do that yet, I’m going to recognize you for it but you don’t
need to do that right now in fact I would encourage you not to do that right now. I’m going to come
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back to you though. All right, the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Mr. Mayor, with all these agenda items being pulled it might be even
though we had a committee last week it might be best to send the majority of these back to
committee.
Mr. Mayor: Yeah well, my word it’s the first Tuesday in May and we don’t (unintelligible)
all right we’ve got items to add and remove from the consent agenda. All right now, the Chair
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recognizes the Commissioner from the 4.
Mr. Sias: Move to approve the consent agenda with items ---
The Clerk: 15 and 20.
Mr. Sias: --- 15 and 20.
Mr. Mayor: Okay.
Mr. Frantom: Second.
CONSENT AGENDA
PETITIONS AND COMMUNICATIONS
PUBLIC SERVICES
1. Motion to approve Supplemental Agreement No. 1 to Lease No. DACW21-1-09-2013
between Augusta, Georgia and the Secretary of the Army for the New Savannah Bluff Lock
and Dam. (Approved by Public Services Committee April 25, 2017)
ADMINISTRATIVE SERVICES
2. Motion to approve a request from the Augusta Regional Airport for the purchase of two
new pickup trucks: one to assist in the Maintenance Division activities and the second to
assist in the Operation Division. Bid 16-235 (Approved by Administrative Services
Committee April 25, 2017)
3. Motion to approve the replacement of one 1998 aerial bucket truck for the Augusta
Engineering Department-Traffic Division. (Approved by Administrative Services
Committee April 25, 2017)
5. Motion to approve the recommendation of the Administrator to continue to allow City
employees the option of having maintenance drug prescriptions filled either through the mail
order program or through (traditional) local pharmacies in association with the Magellan’s
contract for Pharmacy Benefit Management Services. (Approved by Administrative Services
Committee April 25, 2017)
PUBLIC SAFETY
6. Motion to approve Grant-Funded Service Agreement for an Accountability Courts Case
Manager. (Approved by Public Safety Committee April 25, 2017)
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7. Motion to approve reimbursement to Richmond County Board of Education and
University Medical Center for shelter operations during the evacuations caused by
Hurricane Matthew and authorize the Accounting Department to issue reimbursement
checks and authorize the Mayor to execute the appropriate documents. (Approved by Public
Safety Committee April 25, 2017)
ENGINEERING SERVICES
9. Motion to authorize and approve Supplemental Agreement Number Ten (SA10) for the
Augusta Levee Certification Project for Cranston Engineering Group, P.C., as requested by
AED. SA10 includes: State required Safe Dam Emergency Response Plan & Inspection
($58,600); and USACE Levee noted deficiencies correction action plan including drainage
and structural inspections ($177,777). Funds available in Stormwater contractual services
budget. (Approved by Engineering Services Committee April 25, 2017)
10. Motion to approve the contract for the purchase and installation of furniture for 452
Walker Street. (Bid 17-153) (Approved by Engineering Services Committee April 25, 2017)
11. Motion to approve the deeds of dedication, maintenance agreements, and road
resolutions submitted by the Engineering and Augusta Utilities Departments for Manchester
Subdivision, Section Seven. (Approved by Engineering Services Committee April 25, 2017)
12. Motion to approve Mobilitie, LLC’s Formal Registration Application to Access the
Public Right of Way within Augusta, Georgia for the Provisions of Telecommunications
Services as a State-Certified Utility. (Approved by Engineering Services Committee April
25, 2017)
PETITIONS AND COMMUNICATIONS
15. Motion to approve the minutes of the regular meeting of the Commission held April 18,
2017 and Legal Meeting held April 25, 2017.
PUBLIC SAFETY
20. Motion to approve a Contract with Pierce Manufacturing, Inc. instead of the proposed
contract with Ten-8 in reference to RFP 17-137 Emergency Apparatus/Fire Pumper for six
(6) Pierce pumpers and to authorize the Mayor to execute the appropriate documents. (No
recommendation from Public Safety Committee April 25,2017)
Mr. Mayor: All right, we’ve got a motion and a second. Voting. While you’re voting I
want to draw everyone’s attention to the Resolution that was just brought before us. I’ve spoken
briefly to each of you and asked for support for unanimous consent to add this. It is, our President
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has designated April 30 through May 6 as National Small Business Week in America. And it
is extremely important for us to further affirm our commitment Ms. Irving to small businesses for
they are quite frankly the bedrock of the U.S. economy without question they are the rock of our
economy here in Augusta. When you think about over 21,000 small businesses in the Augusta
Metropolitan Area with an impact of over $6 billion dollars. And so if I could get a motion to ---
Ms. Davis: Motion to approve.
Mr. Hasan: Second.
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Mr. Mayor: Okay, we’ve got a motion and a second to again unanimously affirm this.
Madam Clerk.
The Clerk: Are we going to publish the consent motion?
Mr. Mayor: We’re going to do that in a moment. I’m waiting on you I just wanted to tee
it up.
The Clerk: Okay, good job.
Motion passes 10-0. \[Items 1-3, 5-7, 9-12, 15 and 20\]
Mr. Mayor: All right I’m going to give you this one. After we adopt this there’s a signature
block for each of you as Commissioners. I think it’s extremely important for our business
community to know that as an elected body you are supporting small businesses. Madam Clerk.
ADDENDUM
22. Motion to approve a Resolution designating April 30-May 6, 2017 as National Small
Business Week.
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The Clerk: Resolution: Whereas April 30 through May 6 2017 has been designated as
National Small Business Week by the President of the United States of America. And whereas
more than 21,000 small businesses in the Augusta Metropolitan Area drive the local economy
stimulating growth and fostering economic development. And whereas there are more than
180,000 people employed by small businesses in the Augusta Metropolitan Area of which
comprises approximately 18% of employment and payroll of Richmond County proper. And
whereas an annual payroll of small businesses in the Augusta Metropolitan Area tops $6 billion.
And whereas in 2016 Georgia was named the top state in the nation in which to conduct business
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for the 4 year in a row. Additionally, Georgia was ranked Number 2 in the country for fastest
growth of women owned businesses Top 5 for black owned businesses and scored an ‘A’ for small
business friendliness. These accolades are evidence of the achievement of small businesses
throughout our community and state. And whereas the City of Augusta is proud to be a city where
entrepreneurs and small business owners can thrive and prosper. And therefore it be resolved that
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Augusta Georgia has proclaimed April 3oth through May 6 2017 as Small Business Week in the
City of Augusta and encourage all citizens of Augusta to join me in patronizing the small
businesses throughout our city. In witness thereof we have unto set my hand and cause the Seal
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of Augusta, Georgia to be affixed this 2 Day of May 2017. Mayor Hardie Davis, Jr., Mayor.
Mr. Mayor: All right you’ve heard it read and why and I think maybe we could, I mean
we’ve got a motion and a second.
The Clerk: Second, yes, sir.
Mr. Mayor: All right are there any questions? Okay all right so when we do move to the
next phase of our business today, Ms. Bonner, if we can I’ve got a pen that we can use for
everybody to sign it so ---
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The Clerk: Okay.
Mr. Mayor: --- then we’ll post that as such. All right voting.
Motion Passes 10-0.
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
ADDENDUM
21. Motion to approve going into a legal meeting.
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Mr. Mayor: All right Madam Clerk I’m going to recognize the Commissioner from the 9
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and then I’ll come back after that. All right the Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. I want to make a motion that we go into Legal
to discuss pending litigation and personnel.
Mr. Jefferson: Second.
Mr. Mayor: All right, we have a motion and a second, voting.
Mr. Fennoy: Mr. Mayor, I’d like to make a substitute motion.
Mr. Mayor: All right, everybody suspend. All right, the Chair recognizes ---
Mr. M. Williams: Now wait a minute, wait ---
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Mr. Mayor: --- the Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Mr. Mayor, I’d like to make a motion that we go into Legal after we have our
regular Commission meeting.
Mr. Mayor: Well, you know, that’s certainly proper but I think we need to go ahead and
dispose of this, we need to move on ---
Mr. Sias: Second.
Mr. Mayor: --- it’s not time for us to do it.
The Clerk: You’re seconding Mr. Fennoy’s motion, sir?
Mr. Sias: Yes, ma’am.
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Mr. Mayor: I’ve got a motion and a second ---
Mr. Hasan: Mr. Mayor, can I reset ---
Mr. Mayor: --- all right, everybody just suspend.
Mr. Hasan: --- can I reset? I already voted.
Mr. Mayor: Yeah, we’re going to do that we’re going to do it, everybody suspend. All
right, Madam Clerk, if we could reset that and what we’re going to be voting on is the substitute.
The substitute is to with a proper second is to wait until after all business on the regular agenda
has been addressed. That’s the substitute, that’s what we’re voting on. All those in favor will vote
yea and those opposed will vote no. The substitute is to wait until 5:00 o’clock to go into Executive
Session.
Mr. Fennoy, Mr. D. Williams, Mr. Sias and Mr. Jefferson vote Yes.
Ms. Davis, Mr. Hasan, Mr. Frantom and Mr. Guilfoyle and Mr. G. Smith vote No.
Mr. M. Williams abstains.
Motion fails 4-5-1.
Mr. Mayor: Okay, all right, we’re now back to the main motion and that is to enter into
Executive Session.
Mr. M. Williams: Mr. Mayor, I’d like to have a roll call vote.
Mr. Mayor: Well, now you’re prolonging the time.
Mr. M. Williams: That’s right. I mean if you want to play games, I know them. We can
do that. That’s one of the tricks of the trade so I’d like to have a roll call vote.
Mr. Mayor: Okay all right, Madam Clerk.
The Clerk: Ms. Davis.
Ms. Davis: Yes.
The Clerk: Mr. Fennoy.
Mr. Fennoy: I’m still thinking about that, Ms. Bonner.
The Clerk: How long do you expect it’s going to take?
Mr. M. Williams: That’s good, Ms. Bonner, that’s good, Ms. Bonner.
Mr. Fennoy: About five minutes.
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Mr. M. Williams: Can’t think too fast though.
The Clerk: I have to do this in alphabetical order, Mr. Fennoy, so I need you.
Mr. Fennoy: What’s the motion, Ms. Bonner?
The Clerk: The motion is to go into Legal to discuss pending and potential litigation and
personnel.
Mr. Fennoy: And you’ve got to go in alphabetical order?
The Clerk: Well, if you chose not to vote we can move on.
Mr. Fennoy: But if I’m undecided.
The Clerk: Okay then I’ll put you down as not voting, is that good? No, okay.
Mr. Fennoy: Yes.
The Clerk: Thank you. Mr. Frantom.
Mr. Frantom: Yes.
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: Yes, ma’am.
The Clerk: Mr. Hasan.
Mr. Hasan: Yes.
The Clerk: Mr. Jefferson.
Mr. Jefferson: Yes.
The Clerk: Mr. Sias.
Mr. Sias: No.
The Clerk: Mr. Smith.
Mr. Smith: Yes.
The Clerk: Mr. D. Williams.
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Mr. D. Williams: Abstain.
The Clerk: Mr. M. Williams.
Mr. M. Williams: Yes.
Motion Passes 7-3.
Mr. Mayor: Okay, all right, here’s our posture. It is 2:43 we will stand at ease for 10
minutes.
\[LEGAL MEETING\]
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
24. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia’s
Open Meeting Act.
Mr. MacKenzie: Sure. I will note there is no discussion relating to personnel. I would
entertain a motion to execute the Closed Meeting Affidavit.
Mr. Sias: So moved.
Mr. Jefferson: Second.
Mr. Mayor: We have a motion and a second, voting.
Motion Passes 10-0.
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: I would entertain a motion to approve a Resolution authorizing the
settlement of all claims of Charles Masters relating to his employment with Augusta, GA and
authorizing the Mayor to execute appropriate settlement documents to this effect.
Mr. M. Williams: May we have a roll call vote, Mr. Mayor?
Mr. Guilfoyle: So moved.
Mr. Frantom: Second.
Mr. Sias: Mr. Mayor?
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Mr. Mayor: I’m coming to you. The Chair recognizes the Commissioner from the 4
State your inquiry.
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Mr. Sias: I have a substitute motion. The substitute motion is that we refrain from this
process until this action has taken all the necessary steps through the disciplinary process of our
PPPM.
Mr. D. Williams: I second.
Mr. Mayor: I’ve got a motion and a second. All right, I’m going to give you an opportunity
to restate your motion, your substitute motion so that we can enter it into the record and then we’ll
take action on that.
Mr. Sias: Substitution motion that we move to not engage in any action with this, let me
rephrase that, is that we refrain from any actions in this case until it has went through all the
necessary steps as outlined in our 3PM process.
Mr. Mayor: All right, all right, you’ve heard the substitute motion with a proper second
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from the Commissioner from the 5. All those in favor of the substitute shall vote yea and those
opposed will vote no.
Mr. Fennoy, Mr. D. Williams, Ms. Davis, Mr. Sias and Mr. Jefferson vote Yes.
Mr. Hasan, Mr. Frantom, Mr. Guilfoyle and Mr. M. Williams vote No.
Mr. G. Smith abstains.
Motion fails 5-4-1.
Mr. Mayor: All right, now we’re back to the underlined motion and that is to adopt the
Resolution. All those in favor will vote yea and those opposed will vote no.
Mr. M. Williams: I asked for a roll call vote, Mr. Mayor.
Mr. Mayor: We really don’t need that but I mean it’s certainly well within your right but
(unintelligible) let’s just vote, voting.
Mr. M. Williams: I asked for a roll call vote, Mr. Mayor. Now I don’t know what who,
you just said it’s my right.
Mr. Mayor: It is.
Mr. M. Williams: Please give my rights. I ain’t got many of them left.
Mr. Mayor: I don’t know if I feel like fighting today or not.
Mr. M. Williams: I can fight every day to survive, only the strong survive (unintelligible).
Mr. Guilfoyle: I don’t think it, it’s non-negotiable.
Mr. Mayor: Madam Clerk?
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The Clerk: Ms. Davis.
Ms. Davis: Yes, ma’am.
The Clerk: Mr. Fennoy.
Mr. Fennoy: Now what’s the vote?
Mr. Mayor: To adopt the Resolution as read.
The Clerk: Settling all claims excluding Worker’s Comp I believe.
Mr. MacKenzie: That’s correct.
Mr. Fennoy: And you’ve got to go in alphabetical order, Ms. Bonner?
The Clerk: Yes, sir. You’re up, sir.
Mr. Fennoy: I’m going to think about that.
Mr. Mayor: Let’s go on to the next one, Ms. Bonner.
The Clerk: Mr. Frantom.
Mr. M. Williams: That wouldn’t be a roll call vote, would it? I mean if you’re going to do
that I mean we might as well vote with the machine if you’re going to skip it and then vote later.
We don’t do no crazy stuff like that.
Mr. Mayor: Again if you read the rules if he was out of the room it’s certainly within the
Chair’s prerogative to say in anyone admits to skip while he’s still yet in the room in order to move
forward Ms. Bonner’s going to call on the next person. Continue, Ms. Bonner.
Mr. M. Williams: What does a roll call, I need my Attorney to tell me what the roll call --
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Mr. Mayor: Ms. Bonner continue.
The Clerk: Mr. Frantom.
Mr. Frantom: Yes, ma’am.
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: Yes, ma’am.
The Clerk: Mr. Hasan.
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Mr. Hasan: Yes.
The Clerk: Mr. Jefferson.
Mr. Jefferson: No.
The Clerk: Mr. Sias.
Mr. Sias: No.
The Clerk: Mr. Smith.
Mr. Smith: Yes.
The Clerk: Mr. D. Williams.
Mr. D. Williams: No.
The Clerk: Mr. M. Williams.
Mr. M. Williams: I’m not voting either, I mean if he ain’t voted yet (inaudible) I mean I
vote yes but that process, man, that’s why you’ve got a roll call vote and then you’re going to skip
one man and go down.
Mr. Mayor: Are you voting in the affirmative or ---
Mr. M. Williams: Yes, I am. I said yes I told Ms. ---
Mr. Mayor: --- thank you.
Mr. M. Williams: How can you have a process such as roll call but you don’t use it?
Mr. Sias: We’ve got a 3PM process ---
Mr. Fennoy: That you don’t go by.
Mr. Fennoy not voting.
Motion Passes 6-3.
Mr. Fennoy: I’m thinking, Ms. Bonner, I’m going to vote but I’m just thinking right now.
Mr. Mayor: I need you to vote.
The Clerk: We need you to vote, sir. The Mayor called for the announcement.
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The Clerk: Are we starting at the beginning of the agenda, sir?
Mr. Mayor: We’re going to item number 17, Ms. Bonner.
The Clerk:
ADMINISTRATIVE SERVICES
17. Discuss scrapping the PPPM and the proposed policy letters and allow every employee
charged with a disciplinary violation the opportunity to have Commissioners friendly to
present their case and/or organization present it for adjudication by the commission. This
opportunity should not be available just to the politically connected, but all employees.
(Requested by Commissioner Sammie Sias)
Mr. Fennoy: Motion to approve.
Mr. G. Smith: Second.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, sir. When we talk about policies and when we talk about procedures
I just listened to a statement saying why do we have a procedure, why ain’t we following it and I
said the same thing in reference to this agenda item. We have a procedure. Why aren’t we
following it? As stated just here on the dais moments ago how are you going to do something like
that? That was a question stated right here on this dais where I’m sitting. How are you going to
do that? You’ve got a policy, you should be following it. That’s the same thing with this governing
body should be doing is following the policies and procedures that we have versus allowing folks
who may or may not be politically connected or whatever to circumvent whatever case they may
have against them. That’s not fair to the other employees. It’s a clear indication why many of our
elected officials tend to opt out of our 3PM Policy because we’re not administrating it fairly. So
it’s my contention through this governing body that we should stop the favoritism, we should stop
the games, and follow the same rules that we’re supposed to follow just like I heard here on this
dais moments ago. That’s a policy, that’s a procedure. Why ain’t we following it? Our 3PM
represents law. It was codified by this body and we should follow it. When we violate that, we’re
violating the law. As a governing body we are violating our own law and we talk about dotting
our ‘I’s’ and crossing our ‘T’s’. I guess if it was possible what we’ve done today we might just go
ahead and dot the ‘I’s’ and cross the ‘T’s’ on our form going into the local lock up because we
have violated our own law, and I’m very concerned about that and very dismayed about that. We
could have intervened in this process once it was over. We’ve done that for an employee before
but we waited until the process was completed.
Mr. M. Williams: (unintelligible).
Mr. Sias: Don’t interrupt me. I’m talking.
Mr. M. Williams: Who are you talking to? Who are you talking to?
15
Mr. Mayor: All right, let’s suspend, suspend.
Mr. M. Williams: Mr. Mayor, is that germane? That’s my question. I don’t know if you’ve
got any children but it ain’t up here.
Mr. Mayor: Suspend ---
Mr. M. Williams: I’m a grown old man ---
Mr. Sias: Then act like it.
Mr. M. Williams: (inaudible).
Mr. Mayor: Commissioner, all right, all right ---
Mr. Hasan: Mr. Mayor, you need to move on from this.
Mr. Mayor: --- we can as an agenda item that ya’ll have here and again it’s clear it says
discuss and the Commissioner is well within his rights to discuss it.
Mr. Sias: Thank you, Mr. Mayor. I think I made my point. You know I’m finished on that
item for now.
Mr. Mayor: Okay.
Mr. Sias: Thank you.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Thank you but I think Mr. Guilfoyle is next.
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Mr. Mayor: Okay all right very good, the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. Hopefully I’ll keep my voice at a tone to where
it’s understandable. One thing that we find out about this 3PM is there was fallacies in it. There
was in regards to the motion that just passed here a few minutes ago was an employee that was
being sought after when past precedents has been shown were it did not affect the other seven or
more employees that’s got away with something. The policy needs to have a defined ---
Mr. Mayor: Commissioner ---
Mr. Guilfoyle: Yes, sir.
Mr. Mayor: --- I want you to suspend. I want you to watch your language there. You just
suggested that an employee was being targeted by members of this body ---
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Mr. Guilfoyle: Okay, let me clarify that, Mr. Mayor ---
Mr. Mayor: --- and it is not true.
Mr. Guilfoyle: --- okay, let me clarify that then.
Mr. Mayor: Okay.
Mr. Guilfoyle: The 3PM is needs some clarity put in it to where this issue does not come
up again. This is the first time I believe that this governing body has seen me fight for an employee.
The reason why I did was because there’s not clarity in our 3PM and if I had to do it again I would
continue with the same vote that I just done. But hopefully in the near future we can get that
clarified and this issue will not come up. Thank you, Mr. Mayor, and I’m sorry for being out of
line.
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Mr. Mayor: The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Yes, sir. Mr. Mayor, you know one of the issues that I had coming up when
you talk about fairness that I was a couple of times asked if is it fair for the bird to eat the worms
and it depends on who you’re talking to, the bird or the worm. I think that we need to look at the
impact of our vote today and see how that impact would affect department heads and leadership
in this government. It weakens the authority of the department heads because some employees
feel like they should go cry to employees I mean to Commissioners and get whatever they want.
We have an employee that when he was busted to validate his claim he turned in he said nine other
employees did the same thing. I agree that there are some fallacies in the Personnel, Policy and
Procedures Manual but this is a manual that we have operated by, other employees have been
terminated by. This is the process that other employees that was terminated had to go by so why
are we at the last minute want to hijack the process? This I cannot understand and the actions of
my colleagues is difficult for me to support at this particular time.
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Mr. Mayor: I understand. All right, the Chair recognizes the Commissioner from the 4.
Mr. Sias: Move to take this agenda item as information.
Mr. Hasan: Second.
Mr. Mayor: All right very well, thank you. We’re going to receive it as information. Let’s
go ahead and deal with number 18.
The Clerk: Can we assume we had unanimous vote on that to receive as information, sir,
for our record?
Mr. Mayor: Yeah, sure.
The Clerk: Okay, all right, it appears to be unanimous.
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Motion Passes 10-0.
The Clerk:
ADMINISTRATIVE SERVICES
18. Report from the Clerk’s Office regarding the issue of “Sagging Pants” as addressed by
other cities in Georgia. (No recommendation from Administrative Services Committee April
25, 2017)
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Mr. Mayor, I’d like the help of my Clerk as to the finding that she found
with other cities who have addressed this issue and what has been done. And finally to our
Attorney as to what he proposed and we could do legally here in this City of Richmond County.
The Clerk: Yes, sir. I call your attention to the supporting documentation attached to item
number 18 which has several cities within the State of Georgia who have adopted ordinances
addressing this fashion trend. We have one from the City of Albany, Georgia regarding public
indecency which would be prohibited given the dimensions of the clothing and the City of Atlanta
which did consider an ordinance outlawing this fashion trend, however, it did not make it through
a second reading and they have labeled it inaction. We received one from the city of Moultrie,
Georgia titled Public Indecency also from the city of Hampton, Georgia which adopted an
ordinance in 2011 along with the city of Dublin, Georgia who adopted a public indecency
ordinance in 2010. We have one from a parish in Louisiana who also adopted an ordinance
addressing this fashion trend in 2013. We have the city of Waynesboro who put forth an ordinance,
however, it was not adopted by the city council of Waynesboro. Finally attached is
recommendations from our General Counsel regarding this matter.
Mr. Mayor: Commissioner?
Mr. M. Williams: Thank you, Mr. Mayor. Ms. Bonner, can you or the Counsel read that
recommendation that the General Counsel has concluded?
The Clerk: Yes, I could, sir, but I’d rather defer to him ---
Mr. M. Williams: Okay.
The Clerk: --- to allow him to enumerate his recommendation.
Mr. MacKenzie: If it would be okay with you, I’d prefer to summarize this. It’s a little bit
lengthy. In a nutshell, the recommendation is actually a proposed ordinance from I believe from
2008 where a similar issue was discussed. This would allow for a progressive cycle with respect
to violators of the policy so that for the first offense there would be a waiver option for the fine
and you could go through two hours of community service. Subsequent offenses would be $25.00,
$50.00 and the maximum up to $125.00. None of the offenses for this violation would have any
jail time. The maximum penalty would be the fine.
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Mr. M. Williams: Could I ask Mr. Andrew a question?
Mr. Mayor: Certainly.
Mr. M. Williams: Mr. Andrew, so if we adopt that if my motion is to approve that then
when would that go into effect?
Mr. MacKenzie: It would have to go through two readings. My recommendation would
be for a motion to approve tasking staff with bring forth an ordinance and I would put the normal
process in it because this was from 2008. I would update it and put it back on the next cycle and
it would go through the normal process of two readings unless you waive the second reading. It’s
usually effective upon the second reading.
Mr. M. Williams: So moved, Mr. Mayor, a motion to have the staff to put this together for
the first reading and have it go through the process of being held for the second reading to try to
get this ordinance in place.
Mr. Mayor: All right, so let me clarify or at least get clarification. Attorney MacKenzie,
is it not true that this body needs to one, the first motion would be to task you with drafting an
ordinance pursuant to the most recent rules that they establish.
Mr. MacKenzie: Since it’s already been through the committee cycle, I just looked at the
policy relating to this. It would appropriate at this time to task staff with drafting the motion to I
mean the ordinance for approval at the next Commission meeting.
Mr. Mayor: Okay, so we need to do that first and at that point you would ask for a waiving
of the second reading is that ---
Mr. MacKenzie: I can do that for you.
Mr. Mayor: --- is that what you’re asking for?
Mr. M. Williams: That’s right, Mr. Mayor.
Mr. Mayor: Okay all right, so let’s hold right there did that get a second?
(Inaudible).
Mr. Mayor: Okay, all right, let’s get some more debate on this then. The Chair recognizes
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the Commissioner from the 1.
Mr. Fennoy: May I address Andrew?
Mr. Mayor: You may.
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Mr. Fennoy: Andrew, who will be responsible for enforcement?
Mr. MacKenzie: This would be with the normal code enforcement process we have in
place now which is usually our Sheriff’s Office.
Mr. Fennoy: Has the Sheriff been contacted in reference to this, the proposed ordinance?
Mr. MacKenzie: I don’t think he has on this round. I think he did provide some comment
about it I want to say in the 2008 timeframe but I might be testing even my memory.
Mr. Fennoy: And you said there’s no jail time but suppose I accumulate $800.00 in fines
and fees what’ll happen to me?
Mr. MacKenzie: It would be enforced with the court and then the court would determine
how to deal with such an outstanding amount of fines and fees.
Mr. Fennoy: Okay and I’ve got a 13-year old son that walks around with his pants off his
butt. He gets a ticket but who’s responsible for paying it?
Mr. MacKenzie: This ordinance expressly states that if the person is within the jurisdiction
of juvenile court then this would be handled by juvenile court.
Mr. Fennoy: And if he continues to get fines what do we do? Lock him up?
Mr. MacKenzie: This ordinance does not provide for any jail time for a violation of that
provision.
Mr. Fennoy: Well, what is it that we have that will provide for them to pull up their pants
if there’s no jail time you know even though I may get a ticket why should I pull my pants up?
Mr. MacKenzie: Well, the tickets can accumulate and we can enforce those so they can
get expensive I guess over time.
Mr. Fennoy: And, Mr. Mayor, my proposal, my proposal is that we say in government
buildings, in Recreation and Parks you can’t go in them unless you have your pants pulled up, that
we work with the Board of Education and you can’t go to football games and basketball games
unless you have your pants pulled up. That we work with the restaurants. You’ve seen those no
shirt no shoes no service that we attach that to the pants and you don’t go to restaurants. That we
work with the Exchange Club that if you don’t have your pants pulled up you can’t come to the
fair. That we work with the movie theaters that if you don’t have your pants pulled up you can’t
go to the theater. We work with the Coliseum Authority that if you can’t have your pants pulled
up you can’t come into the coliseum. I think that to tax people for not having their pants pulled
up I agree that something needs to be done. Something needs to be done but issuing tickets and
handing out fines I don’t think is the answer. I think that it’s going to tie up too much time for the
law enforcement and when you talk about juveniles there’s just not enough room in our YDC to
20
house juveniles that don’t pull their pants up. So, I would like to see something less restrictive be
considered when we address this issue.
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Mr. Mayor: Okay, thank you. The Chair recognizes the Commissioner from the 4.
Mr. Sias: (Inaudible).
Mr. Mayor: Okay, all right I can only see hands as they go down. The Chair recognizes
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the Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. I would like to tell Mr. Fennoy it made a lot of
sense what you just said. Let’s educate these kids. Let’s reach out to the Board of Education and
let’s reach out to the private business. What surprise me is nobody had reached out to the Sheriff’s
Office because with the Sheriff anytime we implement or put more duties or responsibilities on
them there comes a fee and there becomes a responsibility for us to have to fund. Take that into
consideration as well while we move forward on this but I believe what Commissioner Fennoy
said is spot on. Thank you.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, sir, and I’ll say this when this first came up we simply need a dress
code policy for government buildings, government facilities and we enforce that dress code policy.
It’s not that complicated and we don’t start giving fines and jail time to these youths for being
foolish. We’ve got youth, grown folks and a lot of other folks walking around in a disrespectful
manner, however a lot of these kids actually two or three pair of pants just to be able to
(unintelligible) so you can’t say they’re showing their underwear. They may have a set of gym
shorts. But if we have a dress code policy that says you can’t come in these buildings like this or
like that then that takes care of the whole gamut without our law enforcement being involved in it.
So, my substitute motion is that we establish a dress code policy for government facilities.
Mr. Hasan: That’s your primary. You don’t have a second, it didn’t get a second.
Mr. Sias: It didn’t get a second. Well then my motion would be that we establish a
dress code for our government facilities such as government buildings, Rec facilities and any
other buildings that come under the purview of this government.
Mr. Frantom: Second.
Mr. Mayor: All right, I’m going to come back. Hold on, hold on. We’ll give everybody
an opportunity to debate this matter. All right the Chair recognizes the Commissioner from the
nd
2.
Mr. Jefferson: Mr. Mayor, may I address this at this time?
Mr. Mayor: You may if you will speak into the microphone.
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Mr. Jefferson: Andrew, how many cases has been presented to court by any organization
in defending the person’s right to wear their pants in this nature?
Mr. MacKenzie: That’s a very broad question. I will say I did review other jurisdictions
who did have some cases that went to court and there were some that if there’s jail time involved
there were some who were not as conservative as the one that we recommended. But there were
some who were found to be unconstitutional where there was jail time involved and it had a more
restrictive definition of indecent exposure than what we have.
Mr. Jefferson: Were any of the old cases filed by the, I’m going to say it wrong ALCIO?
Mr. MacKenzie: I don’t recall if there’s any specific organization responsible for the
filings.
Mr. Jefferson: Thank you.
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Mr. Mayor: The Chair recognizes the Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor. The first thing, Mr. Mayor, I’d like to commend my
colleague Commissioner Marion Williams because he started a conversation that just took fire in
the metro area. Even saw of it in Aiken County. They were considering doing something and I
think they ended up not doing anything. As a result of that some religious leaders out there I saw
it on the news this morning speaking about mentorship programs and everything but all that
stemmed from this conversation that he had started. So, what it does say at the end of the day the
public at large is not pleased with what they see but at the same time I think it’s equal opposition
for us to establish some legislation where we begin to put some sense of criminality involved in
this. I concur with my colleagues in terms of creating something, putting some signs on our public
facilities that we have control over and let that be known where our position stands as opposed to
getting law enforcement involved with in in any form or fashion and I don’t think that’s going to
be good for us in the long haul. I think with some of the recent incidents we’ve had in the
community the Sheriff’s is going to be trying to get his arms around some of those things in high
target areas and if we can see just recently a lot of shootings and killings just recently here he’s
already put some plans together last week where they’re going to like I say being some high target
areas over the summer. So, to add this to that in the midst of some of those very same
neighborhoods would create what some people call a powder keg, you know, no intent but it just
comes with the territory once you begin to try to implement something of this nature. But like I
said once again my colleague is to be commended. He started a metro conversation around this
issue but at the end of the day I think we ought to do something putting up some signs and posting
the city’s position around their public facilities that we have control over. Thank you, Mr. Mayor,
that’s in the form of a motion.
Mr. Mayor: Well, I think we’ve got a motion.
Mr. Hasan: We’ve got a motion, okay.
Mr. Mayor: We’ve got a motion and a second already ---
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Mr. Hasan: Okay, thank you.
Mr. Mayor: --- to establish a dress code policy. All right, Attorney MacKenzie, is it not
true that we already have a dress code policy in our Recreation Parks facilities?
Mr. MacKenzie: The Recreation Parks facilities does prohibit anyone having this problem
from entering those facilities.
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Mr. Mayor: Okay and so to the Commissioner from the 4 what you’re suggesting is an
expansion of that to all government buildings, is that correct?
Mr. Sias: Not necessarily an expansion but a clear understanding and write up that will fit
all of our facilities.
Mr. Mayor: Okay.
Mr. Sias: Not just expansion what the Rec Department has because really, I’m not familiar
with that so it would be said we have a comprehensive dress code policy.
Mr. Hasan: Signs posted, Mr. Mayor.
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. Ms. Bonner just read from around Georgia other
cities who are having this similar problem then my colleagues sit here and talk about fines and
whatever else. And it’s probably the signs of the times when times are changing where people are
doing all manner of things and dressing in all manner of ways. My point was even to bringing this
to hopefully get something started more than conversation to know that it is wrong. This is not, it
doesn’t look good, it’s embarrassing, it’s low self-esteem, it’s low respect for other people versus
yourself and the more we turn our heads to this the more people are going to do this. When you
allow a young person male or female to grow up thinking that’s fine when they become a young
adult they continue to do that because that’s what they’ve been practicing. So, whether it be a fine
or something’s got to get our attention to know that we can’t continue to do this. Now Ms. Bonner
read about four or five different cities around Georgia but there are other cities around the United
States who see the problem with this and how bad it’s getting. Now we think we can reform
someone who’s a young adult to make them do some things they’ve been doing for 15 to 20 years
and we’re going to stop them overnight we’re sadly mistaken. But I do think, Mr. Mayor, that we
as an elected body ought to recognize the problem and try our best to guide these young people
because you know like I know you’ve got babies having babies and if they weren’t trained they
can’t train their child. They don’t know how to train their child because they wasn’t trained
themselves and we done lost about four maybe five generations and now we’re at the point where
old grown men have been allowed to become adults and do this and still think it’s fine. Now I
know fads come and go and I really thought this was going to be one of those but it’s not getting
any better, Mr. Mayor, it’s getting worse so my colleagues can push this aside they can act like it
doesn’t exist. We just heard this week about two shootings. One lady called me about people
23
crowding in her yard. The police came, people are running on her porch and she didn’t know any
of them because we’re living in those days. But somebody’s got to start somewhere to do
something to correct or to get people to know you just can’t do any and everything in our city. So,
my colleagues want to push it off and say it’s not important. I think that it’s something we can
legislate. You have to raise your children, you’ve got a responsibility. If you’ve got a child your
responsibility is to raise that child and that’s not being done today, Mr. Mayor, and we’ve got to
find a way to get back to that. I agree with the School Board. I think that we ought to be engaging
them but this much bigger than the School Board. I would not be a teacher in any classroom
anywhere so when you talk about the responsibility that the teacher has to try to raise and train
these children that’s an ultimate responsibility and it’s a rough job. So if my colleagues think it’s
not important, think the fine’s too much, when your wife or your daughter is insulted or you’ve
been insulted walking behind somebody who not sagging pants but showing their behind take a
good look at it and smile because you’ve got an opportunity to something about it up here.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 5.
Mr. Jefferson: Thank you, Mr. Mayor. I’ve been sitting up here listening and I tried not to
say anything. Speaking of the School Board many years ago basketball players, football players,
track runners were not allowed to step on the court or the field unless their shirttails were tucked
in and the pants pulled up. Going in schools for the most part they had to be wearing a belt and
the belt had to be above the waist. We talk shootings and all that but I’ve never seen sagging pants
pull a trigger and, basically, I’ve seen well-dressed people commit crimes. Now I don’t see taking
the young people and giving them a criminal record or making a mountain out of a molehill. Sure,
I’m offended when I see a young person in that manner but as an adult, a responsible adult, I try
to go to in a respectful manner to that person and ask them with respect, it’s a two-way street if
you don’t mind pulling up your pants. You have elderly women, elderly gentlemen, young
children. But we sit here for the better part of an hour discussing this when I look at this book we
have more pertinent issues to talk about. I don’t think the taxpayers are paying us to be fashion
police and I don’t want to pay our Sheriff’s Department and Marshal’s Department for being
fashion police. They’ve got criminals out there that are committing crimes and the Sheriff’s
Department and Marshal’s Department every block would be stopping at least ten people. But I
believe as a county facility we have the right to enforce rules that Attorney MacKenzie said was
on the book. Charge the runners of these recreations centers and county buildings to enforce that.
Like Mr. Fennoy said no shoes, no shirt, no service. Well, you do not enter a public building
unless you are dressed in a proper manner. We have an ordinance that addresses decency. Let’s
enforce that; we don’t need to reinvent the wheel. As you could see for every place that we looked
at out there that tried this ordinance we have an equal number that decided to table it because you
know you are violating people’s rights, you are opening a can of worms that legally we do not
want to address as a municipality. So, I think we should enforce our facilities just as the School
Board enforces their facilities and we need to move forward and lay this to rest. Thank you.
Mr. Mayor: All right, thank you. We have a motion and a second for a dress code policy
and uh, and that is what is before us now.
Mr. Hasan: Can we put signs outside the building?
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Mr. Mayor: Madam Clerk, if you’ll restate for us what the motion was if you don’t mind.
The Clerk: The motion was to establish a comprehensive dress code policy for all Augusta
Richmond County facilities and other buildings that we may have jurisdiction.
Mr. Mayor: With a proper second.
The Clerk: Mr. Sias and Mr. Frantom.
Mr. Mayor: And of that list you had, Ms. Bonner, I think there were what eleven cities that
you had identified or was it seven cities?
The Clerk: The Public Indecency Ordinance ---
Mr. Mayor: uh-hmm ---
The Clerk: --- yes, sir.
Mr. Mayor: --- eleven or seven.
The Clerk: I’m not sure how many.
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Mr. Mayor: Okay, so to the Commissioner from the 5 there was an equal number who
considered it but did not adopt it, is that correct?
The Clerk: We had two Atlanta and Waynesboro of the ones that I ---
Mr. Jefferson: That you saw that are a major problem.
Mr. Mayor: And most recently Aiken they looked at it and said this is not in our best
interest. Well, I haven’t said much and weighed in much on this since we’re going to dispose of
it today I may as well say something about it. I find it amazing that again I think the Commissioner
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from the 8 indicated this is conversation has been discussed for several weeks quite frankly almost
a month now and we’ve not engaged the Sheriff, we’ve not engaged the Marshals that if we were
going to adopt an ordinance we had quite frankly no enforcement mechanism. Madam
Administrator, I find it equally amazing and almost bordering this disturbing that when you look
at this community that we call Augusta we Tweet about love Augusta, I love Augusta, One
Augusta, Stronger Together and you see all of these things on social media. Not one time have I
heard in the course of this conversation what we’re going to do to address the ills that bring people
to this place. While I’m not a fashionista or diva in the greater sense I do believe that there’s
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something called common decency to the Commissioner from the 9. We’ve also not engaged
young people, 32,000 of them who attend our schools, and yet we’re sitting here as the governing
authority wanting to make further decisions about what they can or cannot do in terms of their
dress. What I’ve also not heard is how this same governing body will address the issues of rampant
and pervasive poverty that lead individuals to make decisions about themselves. Interestingly
enough as we look across the landscape of this community and communities like Augusta this
25
proportionally we know which is why there’s the question around it being discriminatory in nature,
violating the civil rights of others, we find ourselves with this great juxtaposition that this
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proportionally to the Commissioner from the 1 a large component of these individuals look like
you and I. They walk around with sagging pants and they do all of these things and at the end of
the day we still have not said a single word about how we’re going to put these people to work,
we’ve not said anything about how we’re going to engage the schools to make sure we keep them
in school, we’ve not said any of those things. And yet we’re going to skate through this day with
saying we’re going to have staff go out and put together a dress code policy. I don’t think that’s
going to solve the issue of our day, I don’t. I think we need to put folks to work. We need to make
sure 32,000 students Mr. Marshal stay in school, that they graduate on time and that we create a
climate and culture in this city to where they not only want to work they want to pull their pants
up because they are men and not boys. So, if you’re going to have a dress code policy, put
something in there as well about how you’re going to put them to work, how you’re going to keep
them off the streets, how you’re going to give them opportunities and then maybe it’ll have some
weight and some value in this city. We’ve got a motion and a second, voting.
Motion Passes 10-0.
Mr. Mayor: Madam Clerk, before we move on I want to take a few minutes to mention a
few things. On last week I believe we had two of our colleagues who traveled to Savannah and
were part of the ACCG event on last week. Last week the ACCG Counties of Distinction Awards
were given out and Richmond County was one of six counties that received the Counties of
Distinction Award. That has been brought to our attention by Ross King, the Executive Director
of ACCG, and also Lane Henderson from Georgia Trend Magazine. Madam Administrator,
interestingly enough I found out about it this morning, I didn’t know before. And so to that end I
think this is good news, just another example of there our good things going on in our city in spite
of some of the conversations that we have. The city, the county of Richmond County is being
recognized for a number of things that have happened in the last two years. We will also be
featured as a county, a city in Georgia Trend’s June magazine and we want to make sure that
everybody is well aware of that. That was brought to our attention that it was actually going to
happen. So you and I saw the same information, Ms. Jackson, but I couldn’t recall the phone call
so good news for the City of Augusta. We are one of six. There are 159 counties in the great State
of Georgia and to be featured as one of six with an award of distinction is excellent. Also a couple
of weeks ago I brought to this body’s attention the great concerns around Community
Development Block Grant Funding. We know last week that a continuing resolution to get us
through the end of this week was adopted by Congress and we believe that there’s an Omnibus
Bill that will be voted on that gets us through September. I’m happy and encouraged to know that
in this Omnibus Bill Congress was a little wiser than some others and kept Community
Development Block Grant Funding leveled at $3 billion dollars just as it was for the 2015/2016
fiscal years. We’ve used those dollars to help grow our city from a redevelopment standpoint in
Laney Walker/Bethlehem and the Twiggs Circle area and so on Friday we’re anticipating that that
will be adopted by Congress and we’ll have an Omnibus Bill that funds government operations
through September of 2017 and I think that’s good news and we’ll stop there. All right, the Chair
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recognizes the Commissioner from the 1.
26
Mr. Fennoy: Yes, sir, Mr. Mayor. I’d like to take this opportunity to thank our Recreation
and Parks Department and Environmental Services Department for their participation in City Serve
which took place this past Saturday. We had more than a 1,000 volunteers throughout the
Richmond County cleaning up their community. And Mr. Parker and Mr. Johnson provided the
organization whatever they needed to make sure that they did a good job and I just wanted to take
this opportunity to thank City Serve for the great job that they’re doing but also thank Mr. Parker
and Mr. Johnson for their participation in this project.
Mr. Mayor: I couldn’t agree with you more to include I know there were a number of
Commissioners who got out and rolled up their sleeves and helped in that effort as well. It was
truly an opportunity for the city to come together collectively on all sectors of our community not
just one side. And so we look forward to doing that again in June and our city staff for participating
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in that as well. All right, the Chair recognizes the Commissioner from the 4.
Mr. Sias: Mr. Mayor, if my colleagues don’t object I’d like to make a motion to accept the
following agenda items ---
Mr. Mayor: Hold on, hold on, hold on, we’re not at that point yet.
Mr. Mayor: We ain’t trying to get done?
Mr. Mayor: No, we ain’t trying to get done. Ya’ll wanted to stay here all day and I’m
going to keep you here all day.
Mr. Sias: Hold on, now ---
Mr. Mayor: I’m just kidding just kidding ---
Mr. Sias: I know.
Mr. Mayor: --- I’m just kidding.
Mr. Sias: I’m going to proceed on. Okay I would like to consent agenda items 1, 2, 3, 5,
6, 7, 9, 10, 11 and 12 I’ll repeat that. Items 1, 2, 3, 5, 6, 7, 9, 10, 11 and 12.
Mr. M. Williams: Well, I might have ---
Mr. Mayor: Don’t do it, don’t do it, don’t do it. I know you’re feeling compelled but don’t
do it. In the words of Teddy Pendergrass just got to let it go.
Mr. Sias: Oh by the way, Mr. Mayor, please let it go.
Mr. Mayor: Singing has never been my strong suit. All right, we’ve got a motion and a
second.
Mr. Sias: Call for the question.
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Mr. Mayor: Voting.
Motion Passes 10-0.
Mr. Mayor: All right, Madam Clerk, we’ll go from top to bottom.
The Clerk: Okay, I believe we pulled item number four ---
Mr. Mayor: We did.
The Clerk: --- and we have a companion item under the regular agenda number 16.
Mr. Mayor: We’ll take those two up.
The Clerk:
ADMINISTRATIVE SERVICES
4. Motion to deny the Protest of Peed Bros. Inc. regarding bid #17-147 Deans Bridge Road
MSW Landfill Phase 3, Stage 1, Cell 3 Earthwork Package for Environmental Services
Department. (Approved by Administrative Services Committee April 25, 2017)
16. Presentation by Ms. Angela Lance, Vice President, Peed Bros., Inc. regarding Bid Protest
of Peed Bros. Inc. relative to Bid #17-147 Deans Bridge Road MSW Landfill Phase 3, State
1, Cell 3 Earthwork Package for ESD.
Mr. Mayor: Okay ---
The Clerk: Do we hear from her first or ---
Mr. Mayor: --- yeah let’s ---
Mr. MacKenzie: (inaudible) five minutes.
Mr. Mayor: --- okay, Madam Clerk, if you’ll state the rules.
Mr. Hasan: Mr. Mayor?
Mr. Mayor: Hold on, hold on.
The Clerk: Are we going to use the rules we used in committee?
Mr. Mayor: Yes, with the exception is it’s five minutes.
Mr. MacKenzie: Five minutes but there’s no evidence presented just concluding remarks.
Both the Procurement Director as well as the protester is five minutes.
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Ms. Mayor: All right, Ms. Bonner ---
The Clerk: Yes, sir.
Mr. Mayor: --- are you ready, is she ready?
The Clerk: Yes, sir, she will be allowed five minutes to make her presentation to the
Commission regarding this bid protest.
Ms. Lance: Thank you. I know ya’ll are tired so, my name is Angela Peed Lance. I’m the
Vice-President and part owner of Peed Bros., Inc. This is my husband Charles Lance. He’s
Corporate Secretary and Estimator. I come before you again today. I talked to the committee last
week with my sister concerning our low bid for the Deans Bridge Road Landfill, the grading part
of it. Yes, we were the low bid by $1.3 million dollars we did price it correctly. We failed to
acknowledge in the bid Addendum No. 2, however, we did receive it. The Procurement
Department sends all their addendums out by certified mail with return receipt. There’s a copy of
it if you have the packets in there that my dad Lester Peed, Chairman of the Board of our company,
signed for so we did receive it. It was just a typographical error that was failed to acknowledge
Addendum 2. Our prices, Ms. Sams said last week that she felt like our prices did not reflect that
addendum. We have gone back and checked. There’s no way that we did not include the prices.
There wasn’t that much in that addendum that would cause us to be that low. We were that low
because we feel like we could do the work for this price. We’ve been doing this for a long time.
We’ve been in business since 1948 and in the construction business since 1952 and thank you for
the small business a while ago. We’re a small business in Butler, Georgia and we’ve done landfills
all over the state. And we’ve talked to the Engineer. They are comfortable with us doing the job.
We have worked for them before and so there’s no problem there. We feel like we can do the
work and we can do the work for the price. Ms. Sams also brought up that she didn’t think we
could do without change orders. Well, there can’t be change orders without us changing scope
and that could happen to anyone not just us no matter what the price is. But I come before you
today as elected officials for the City of Augusta to look at the value that if you go with the second
person it’s going to cost the city $1.3 plus million dollars. If we do for our price, there may be
other things that the landfill needs, ads and bells and whistles or whatever it is they need, and that
possibly could be done but we plan on doing the work for the amount. If we had not, if we had
signed it correctly we would be here with a contract doing the work and this wouldn’t even be an
issue. I felt like if we had had the chance to sit down and talk, it was a simple misunderstanding.
An error, a clerical error that Addendum 2 was not properly marked on the bid but we did receive
it. We did price it accordingly. And I come before you today asking you to reconsider the motion
to deny our appeal and to award us the contract. Again, I feel like we can do it. We can do you a
good job and will save the city $1.3 million dollars to the next man.
Ms. Mayor Pro Tem: Thank you, Madam Clerk. Do we need to hear also from
Procurement? Is that standard protocol?
The Clerk: Yes, ma’am.
Ms. Mayor Pro Tem: Okay, Ms. Sams and then we’ll take questions.
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Ms. Sams: Thank you, Commissioners and Madam Mayor Pro Tem. The Procurement
Department continues to stand on their recommendation and I find no reason to change the original
request from the Procurement Department.
Ms. Mayor Pro Tem: Commissioner Hasan.
Mr. Hasan: Yes, Ms. Sams, this was something that pretty much have one question and I
pretty much had it the other day but it hasn’t eluded, it’s still in my mind all week long. Exactly
what was in Addendum 2?
Ms. Sams: I would yield to the Landfill Department if he’s here because those are technical
specs and I can’t speak to that. But then one of the other things you should be concerned about is
that the failure to acknowledge the addendum would have also taken this company from, taken
this company out of the process.
Mr. Hasan: Well, let me address that since you made mention of that. The only reason I
asked is because it’s pretty much like Ms. Peed just mentioned you mentioned last week as I
understood it maybe I and if I understood you correctly you mentioned as a result of her not
responding to an addendum it could impact her price and her ability to do the scope of work. So
that why I’m asking what was in it. Was it any type of and you said Mr. Johnson asked that
question so he answered the question so that’s why I’m asking the question. I am concerned in
terms of her, not the company, I’m sorry not to personalize it in terms of the company but based
on the statement you made beyond that that’s what I’m trying to see what actually was in
Addendum 2.
Ms. Sams: Mr. Commissioner, just one second please. Let me go on record and say
something that’s very pertinent to this conversation. The statement that was made was not directed
to her company. It was any company that does not address addendums in their submittals because
as the Procurement Department goes through and evaluates the process we are only evaluating
what’s before us. Well, if you don’t acknowledge the addendum then it doesn’t become a part of
the process.
Mr. Hasan: Well, I don’t think it’s fair to her to put everybody in when she’s doing the
protest but I said the same thing last week and you didn’t say that. So that’s no problem, Ms.
Sams, I’m just asking the question. I’d like to know what was in Addendum 2.
Ms. Mayor Pro Tem: Commissioner Hasan, do you want to address Mr. Johnson?
Mr. Hasan: Yes, I do want to hear what was in Addendum 2.
Ms. Mayor Pro Tem: Mr. Johnson, could you please give us information what was that
addendum, what was in it.
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Mr. Johnson: I believe the most critical component that changed in Addendum 2 was
changing a stormwater pond size, shape or location, I believe that was the critical component of
Addendum 2.
Mr. Hasan: Okay and so it was landfill work but within that same piece of land you wanted
to change the shape of a stormwater ---
Mr. Johnson: We added a ---
Mr. Hasan: --- site rather.
Mr. Johnson: --- we added a stormwater pond, changed the shape of the stormwater pond.
We altered the engineering of a stormwater pond on our property.
Mr. Hasan: But no figures or anything like that even I know it costs to do that but no actual
figures that you added an addition cost per se.
Mr. Johnson: I believe we changed quantities. We didn’t change the price number ---
Mr. Hasan: Okay all right, thank you.
Mr. Johnson: --- we would’ve changed quantities.
Mr. Hasan: Okay, thank you.
Ms. Mayor Pro Tem: Okay, Commissioner Marion Williams.
Mr. M. Williams: Ms. Mayor Pro Tem, thank you. This came before Administrative
Services last week and I was here as the Chairman and I think what Procurement is saying and
what we decided on because that was left out, oversite because it was missed not because they
didn’t give a good price or because they couldn’t do the work that’s never been the issue. If I’m
not mistaken I think it’s because of the Procurement process and we had the same type come up
with a furniture deal, Mayor Pro Tem, where someone missed a part of the Procurement process
and eliminated themselves so to speak from the bid. So, I think this company who has been well
represented I think do a great job but I think we’ve got to support the Procurement because we’ve
got that process that we utilize every time and if we don’t do this one may cause us to have to go
back and do something we did previously with some others, so I think we’ve got to uphold what
we did and I think this company said they were going to bid again on other projects as well. And
I don’t blame them for coming but I think that it wasn’t that the price was too low or anything. I
think it was just a process that everything didn’t fall in place like it should have.
Ms. Mayor Pro Tem: Okay Commissioner Fennoy and then Commissioner Guilfoyle.
Mr. Fennoy: Yes. Ms. Lance, this city has policies and procedures that we most of the
time adhere to. Not all the time but most of the time we adhere to them. And I guess I might have
mentioned this last week that Ms. Sams has been sued in local, state and federal court over her
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procurement process but because she follows the policies and procedures she has won all of her
cases. And imagine, try to imagine you not being the low bidder but the company that submitted
the low bidder did not have all their paperwork in correctly and yeah, what would happen. Okay
but what I’m saying if we even though and I believe that you all do good work. I believe that you
could do the job for what you priced it but if we break that policies and procedures you know no
telling where we would end up as far as courts is concerned. I think this should be a learning
experience for you and I don’t, I honestly believe you all have been in business for 69 years, the
reason I know that because I was born in ’48. But if you all be in business for another 100 years I
don’t think that you all would make that same mistake again. And I encourage you to continue to
try to do business with the city. We are business friendly but we have got to go by the policies
that are in place so that we will hopefully stay out of court and if we go to court we’ll be able to
justify whatever action we took.
Ms. Mayor Pro Tem: Thank you. Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mayor Pro Tem, Ms. Peed, you’ve got to understand through
this process of this procurement Ms. Geri Sams is always under the microscope. She has a policy
to follow and she follows it thoroughly. She crosses every ‘T’ and dots every ‘I’ but what you’ve
got to understand she expects everybody that deals with this government to follow the same. Her
rules are laid out, she has I want to say weekly or bi-weekly meetings to where people get to
understand how the procure process works and I don’t think a lot of people realize that. I had
friends that come up before this body who failed to do the same thing. I could not support them
because they did not follow the procedure and the process and at this point I’m going to stand with
Geri Sams on Procurement even though it’s a considerable amount of money of savings but it still
not fair to the other people. And like how Commissioner Fennoy stated if you were a higher bid
and you did not get it and somebody else received it for not following the process with this
government’s it’s all about the process and procedures. Thank you.
Ms. Mayor Pro Tem: Commissioner Williams.
Mr. M. Williams: I want to make a motion to go ahead and follow the procurement process
and to deny this.
Mr. Jefferson: Second.
Mr. Hasan: I have a question, Ms. Mayor Pro Tem.
Ms. Mayor Pro Tem: I hear a second Commissioner Jefferson, Commissioner Hasan.
Mr. Hasan: Let me be very clear for the record about where my questions come from. My
question did not come from, I agree about Addendum 2 but there was a couple of statements I
thought were inappropriate around this item. Number one, about what was in Addendum 2 and
for all intents and purposes it didn’t necessarily impact it and it said it probably would increase the
cost and also what was said around the cluster of the numbers. If you look your agenda book those
numbers are 5,000, 5.6, 5.4, 5.3 and the statement was made that there was no way possible for
them to do the work at this point. So, I think those comments were not necessary. The only thing
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was the addendum item was not there and that was my comment, that was my concern around that.
I support it as well; I just thought those were unnecessary comments around this issue.
Ms. Mayor Pro Tem: Okay, any other discussion? We have a motion and a second please
vote. Commissioner Fennoy and Commissioner Frantom are not, Commissioner Fennoy do you
want to go ahead and take a vote? Madam Clerk, I believe Commissioner Frantom’s gone for the
day.
Mr. Frantom out.
Motion Passes 9-0.
Ms. Mayor Pro Tem: Thank you all for being here today and I hope next time it’s a
different outcome thank you again. Mr. Mayor, do you want to take over, keep going okay, Madam
Clerk, I’m not sure where we are next to be honest, eight?
The Clerk: Eight.
Ms. Mayor Pro Tem: Okay item 8 please.
Mr. Jefferson: Was it taken off?
The Clerk: No, it was pulled. Do they need the information you sent to them or ---
Ms. Jackson: I was just going to briefly give an overview we did send out ---
The Clerk: --- do you want me to give it to them?
Ms. Jackson: --- yes, oh, you have it, that’d be great. I didn’t realize you had it, thank you
very much. This is just a copy of the communication that Sarah sent out on my behalf on yesterday
in regards to two of the agenda items, item 8 and item 19.
Ms. Mayor Pro Tem: Mr. Malik, you’re not up just yet, I wondered if you switched
departments.
FINANCE
8. Motion to approve the recommendation of the Finance Director to require an audit for
non-profit organizations receiving more than $20,000 in funding and an independent review
from organizations receiving $20,000 or less. (Approved by Finance Committee April 25,
2017)
Ms. Jackson: This is slightly different from the recommendation we presented last week.
Last week we gave the threshold recommendation of $20,000 dollars. After looking at that, I
spoke with the Finance Director and we both agreed that moving the threshold up to $25,000
dollars is what we’d like to support today. On the first recommendation, the $20,000-dollar level
there are only six organizations that fall under that $20,000 dollars threshold. We could add
another four for a total of ten organizations that we go up to the $25,000-dollar threshold. Also
33
noted in the last sentence of what you have there is that if there is an organization that has been
allocated more than the $25,000 but still does not want to do a full audit, if they are willing to
submit to the review we could give them up to the $25,000 dollars. That would be our
interpretation of how that would be implemented.
Ms. Mayor Pro Tem: Commissioner Hasan.
Mr. Hasan: Yes, ma’am, Ms. Jackson, appreciate you making them modifications. I can,
you have my support. I have a question though. In the event that what if a person seems to submit
an audit and they’re beyond the $25,000 threshold and then as you look at things that concern you
and then will you be able to make a suggestion to them or to say well okay you need to since you
don’t I’m concerned about your audit maybe you need to just look at doing a, was it a review, was
that the word you’ve got there review?
Ms. Jackson: Review is the lower standard.
Mr. Hasan: Right and then they fall back to getting the $25,000. Can that happen in one
motion? Let me ask it again. Say I’m going to get $50,000 dollars for my organization and as a
result of that you look at the audit and you know you’ve seen some audits sometimes you have
concerns about it and you say well based on what you’ve got here I’m a little concerned about it.
Will I have the flexibility of coming in and just doing a review at that point and just getting $25,000
dollars or would I be totally excluded?
Ms. Jackson: It would I think it would have to depend upon the extent of our concerns
about the audit, quite frankly, so I’m not sure there’s a blanket answer we have to take each one
of those on a case by case basis.
Mr. Hasan: Thank you.
Ms. Mayor Pro Tem: Mr. Hasan, do you want to make a motion?
Mr. Hasan: I make a motion to approve it.
Mr. D. Williams: Second.
Ms. Mayor Pro Tem: Commissioner Guilfoyle.
Mr. Guilfoyle: No, I was just going to move forward with it this agenda item.
Ms. Mayor Pro Tem: Okay and so we’re taking the, your motion is to accept the
recommendation from the Finance Director and the Administrator.
Mr. Guilfoyle: Yes.
The Clerk: Up to 25,000.
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Ms. Jackson: Yes, change the number from 20,000 to 25,000, correct.
Ms. Mayor Pro Tem: Okay, we have a motion and a second. Please vote.
Mr. Frantom out.
Mr. M. Williams abstains.
Motion Passes 8-0-1.
Ms. Mayor Pro Tem: Madam Clerk, what do you have next please?
The Clerk: I think maybe we’re at 13 and 14. Commissioner Williams, you had ---
Mr. M. Williams: Thirteen and fourteen.
The Clerk: --- can we use those as companion or do they need to be done individually?
Mr. M. Williams: No, companion items.
ENGINEERING SERVICES
13. Motion to approve $2,300,000 to continue the funding for the current On-Call Concrete
Repair, Concrete Construction and Emergency Repair Services Contract to Horizon
Construction, J&B Construction & Services, Inc., Quality Storm Water Solutions, Winsay,
Inc., Blair Construction, Larry McCord, LLC., and Contract Management, Inc. as requested
by AED. (Approved by Engineering Services Committee April 25, 2017)
14. Motion to approve $1,000,000 to continue the funding for the On-Call Pothole Repair,
Paving and Emergency Repair Services Contract to Blair Construction, Beam’s Contracting,
and Georgia-Carolina Paving as requested by AED. (Approved by Engineering Services
Committee April 25, 2017)
Ms. Mayor Pro Tem: Dr. Malik.
Mr. M. Williams: Madam Mayor Pro Tem, the reason I asked for these to be pulled and to
talk about them a little bit, I’ve got no problem with the amount, I’ve got no problem with the On-
Call process but I need to know what is the On-Call process as in how do you know who called,
who, when and how often. So how does can somebody explain how the On-Call process works?
We just did something talking about small businesses and whatever but do that go through a
computer, actually how does that work? Malik, can you tell me?
Dr. Malik: Yes, sir, the way the process set up we went through the proper bid process and
awarded this On-Call bid to several contractors and right now the way the program is set up we
have maintenance coordinators in different watersheds, like nine watersheds so each coordinator
when the calls come in we observe the problem they go and assess the problem.
Mr. M. Williams: Okay but if you call me and the sidewalk in front of the building is bad
because my On-Call contractor is using concrete right now, I don’t know but if you call the next
person and the whole sidewalk is gone from one end to the other, how do you determine who gets
35
the fairness in this? I mean I’m supportive but I need to know in my mind how do the wealth or
the work gets shared equally as far as the money value?
D. Malik: Yes, sir. There’s several steps, controls in place. One is you know the
contractors are kind of have designated watershed area and also depending on the resource what
they have available and the nature of the job. So but the work equally distributed, all the
contractors have the work as we speak. But then you know it’s not going to be dollar to dollar but
work is distributed based on the nature of the work and the resources available and replacing or
repairing the bridge or replacing the pipes accordingly to do that.
Mr. M. Williams: I’m going to make a motion to support this but I would like to see
the DBA or some department look at how we’re sharing and how the cost is allocated. I understand
about the watersheds, the different ones, but if one person gets called and it could just happen that
way to do a small job and other person may call to do a large job and that person’s going to make
more money out of the same watershed. So, I’m just trying to figure out how is that done equally.
Do you all go through Procurement or go through the DBE office to get them a layout or how
that’s been working out?
Mr. Malik: Yes, sir, we go through the purchase order process and go through the
Procurement and as far as the distribution as I stated all the contractors are getting work. Their
dollar amount varies not significantly I mean depending on the nature of the work they’re doing
so.
Ms. Mayor Pro Tem: Commissioner Jefferson.
Mr. Jefferson: I would like to second Commissioner William’ motion with special
attention being paid to the DBE element as far as securing contractors to meet the requirements of
Small Business.
Ms. Mayor Pro Tem: Okay, you said y’all follow that process so correct, just the normal -
--
Dr. Malik: Yeah, we follow the process. The contracts are already in place and all have
been through the Procurement process, the bid process, and been through their evaluation and all
that. So right now as the work the needs come we based on the watershed we call the contractor,
get the people for it. We already have set unit prices so they have to abide by the process.
Mr. M. Williams: Malik, maybe I’m not explaining myself right but because if its On-Call
and you only call people when there’s a need, one need today may be great where tomorrow or the
next day the contract work may not be as great. And if it’s On-Call I’m trying to figure out how
y’all do it to make sure that there’s fairness because people are quick to say well you know I keep
getting the little jobs, our people are getting the small stuff. I get the low hanging fruit. I don’t ever
get the chance to cut the whole tree down, you know what I’m saying? So, I’m just trying to figure
out how y’all do that to keep, and I know you can’t be exact and I don’t think, don’t twist this
because I’m already ---
36
Ms. Mayor Pro Tem: Let me ask this, Commissioner Williams, maybe each company that
bids, that you award a contract to is it up to a certain amount that each company is allocated as far
as their services, I think that might ---
Dr. Malik: Yeah, we do not look at the dollar amount but we make sure that everybody
gets their fair share out of the work ---
Ms. Mayor Pro Tem: --- the scope of the work.
Dr. Malik: --- depending on the watershed.
Mr. M. Williams: Okay, I think ---
Ms. Mayor Pro Tem: Madam Administrator, let’s hear from her too.
Ms. Jackson: Yes, I just wanted to pose a question. Do we have a set rotation as in you
get this call and maybe someone else gets the next call?
Dr. Malik: Yes, within the watershed you know we call the person who’s assigned to that
watershed the contractor ---
Ms. Jackson: Each one is assigned to a watershed.
Dr. Malik: --- each one of that. And sometimes the nature of the work is assigned but not
all is like the concrete of seven contractors they might not be all have the similar resources I need
the resources to do the work (unintelligible).
Ms. Mayor Pro Tem: One company couldn’t do it, another company is able to do through
their resources.
Dr. Malik: Yes.
Mr. M. Williams: Madam Chair, one of these contractors is 2.3 and one is one-million. I
mean that’s twice as much work on side as it is on the other. And I’m supportive, Malik, and I
think Abie and them are trying to do a good job but I’m just asking the question. Hopefully the
DBE Office can look at it along with you all just to try to make sure, and you’re not going to be
exact and say well you know we’re going to spend $200.00 here and $200.00 over there. I don’t
mean that. But I want to make sure that we are doing a fair rotation with this On-Call.
Dr. Malik: Yes, sir.
Mr. M. Williams: I make a motion to approve. Hopefully the DBE and Engineering can
get together and look at something and maybe bring us something back to look at. If ya’ll haven’t
already worked it out maybe through your office you might be able to do that.
Dr. Malik: Yes, sir.
37
Mr. M. Williams: My motion is to approve.
The Clerk: We have a motion and a second.
Ms. Mayor Pro Tem: Okay we have a motion and a second, please vote.
Mr. Fennoy and Mr. Frantom out.
Motion Passes 8-0.
Ms. Mayor Pro Tem: Next item, please.
The Clerk:
PUBLIC SAFETY
19. Motion to approve establishing two new Animal Services positions, with the associated
costs for the required equipment such as vehicles, uniforms, training, etc. and adjust the pay
of the animal’s officers to a level equivalent to cities of our size utilizing funds from the $380K
that was added to the contingent fund in February 2017. (No recommendation from Public
Safety Committee April 25, 2017)
Ms. Mayor Pro Tem: Commissioner Guilfoyle.
Mr. Guilfoyle: Thank you, Mayor Pro Tem. I would like to divide this question in regards
to go ahead and authorize the two Animal Control Officers, the Animal Control vehicle, the Code
Enforcement, the Marshal’s Department, the Marshall’s Department vehicle with incidental
expenses as far as for 2017. And then with the money for a Compensation Study and the
contingency money go back into the General Fund. That’ll be my motion to divide that question
into two parts.
Mr. M. Williams: And that took care of everybody, is that right?
The Clerk: Was that from the recommendation from the Administrator?
Ms. Mayor Pro Tem: That’s what yes, Commissioner Guilfoyle, that’s what I was going
to ask you the recommendation came from Madam Administrator?
Mr. Guilfoyle: The recommendation was to the, if you look at your supporting documents
in your agenda book item number nine is the Compensation Study. I would like to put nine and
ten together for it to go back into the General Fund or Contingency Fund and not do a
Compensation Study because if we’ve got an H.R. Department they could probably figure that out.
But if the Animal Control is being underpaid which should be a fairly easy way of doing it.
Ms. Mayor Pro Tem: So, Commissioner Guilfoyle, you’re saying don’t do a Compensation
Study ---
38
Mr. Guilfoyle: That’s right.
Ms. Mayor Pro Tem: --- for the government? I think, haven’t we started ---
Ms. Jackson: It’s already underway; it will be finished in two months.
Mr. Guilfoyle: Right, haven’t we already put that in last year’s budget for this year?
Ms. Jackson: We paid for the study itself through last year’s budget ---
Mr. Guilfoyle: --- but this would be this $113,000 that I’m proposing would be a set aside
or a budget for implementation of the study results once you get them. The idea being that they
come in to you in late June or so, make their recommendations and then you all at that point could
decide if you wanted to begin any implementation of their recommendations.
Mr. Guilfoyle: So why don’t we just leave it in Contingency until we get it back?
Ms. Jackson: And that’s what my proposal is, sir, is that this amount be budgeted though
we have an amount to work with. My point was after you did this you’d have $213,000 left in
Contingency and it would just stay there with the idea that, my recommendation is that you don’t
touch the one-hundred but you leave it in Contingency and that $113,000 would be available to
implement the study in any way you choose.
Mr. Guilfoyle: All right, as far as next year, Madam Administrator, as far as these positions
would they already be budgeted in?
Ms. Jackson: If you all take this action today that would be adding those positions to our
head count on a permanent basis.
Mr. Guilfoyle: I’ll make a motion to move forward with it the Administrator’s
recommendation.
Mr. G. Smith: Second.
Ms. Mayor Pro Tem: Okay, we’ve got a motion and a second. Commissioner Sias and
then Commissioner Williams.
Mr. Sias: Thank you, Madam Mayor Pro Tem. When we talk about our Animal Services,
I’m just really concerned as we move forward, and I’m going to support this as it is for now but
I’m really concerned that we need to give special priority to Animal Services when we come back
with this study. And as been noted that they’re probably going to be the most affected agency or
department as far as this Compensation Study is. So, Madam Mayor Pro Tem, I have question for
the Administrator. When we talk about implementing the Compensation Study say we have
department ‘A’ that’s 10/15% lower than where they should be their employees and then we have
department ‘B’ who is maybe 3 to 5% and then maybe four or five more departments in the 3 to
5%. Do you have a plan or a thought pattern as to how we would take care of this or will we say
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everybody’s going to still be short or would priority be given to the 10% that’s below versus some
of the other three to five which would probably be more of those. So, my question then do we
have a priority plan for the folks that’s way below scale versus some of the departments that’s
maybe not too far below scale?
Ms. Jackson: The short answer is that the data will be presented to you and it will be the
decision of the body which positions you want to address first in terms of increasing compensation.
Mr. Sias: Because we more than likely will not have enough money to do it across the
board.
Ms. Jackson: As we had said from the beginning, I envision this is going to be a multi-
year process with implementing the salary study. We’ll start with the phases that you all deem the
most critical in terms of your priorities and then we’ll move probably over the process of two,
three, four years to try to address everyone ---
Mr. Sias: Okay.
Ms. Jackson: --- depending on dollars that are available.
Mr. Sias: So we’re going to have to really stretch our own (unintelligible). Okay, thank
you, Madam Administrator. Thank you, Mayor Pro Tem.
Ms. Mayor Pro Tem: Okay Commissioner Williams and then we’ll take a vote.
Mr. M. Williams: Thank you, Madam Chair. I’m in support but I do know that this is going
to open up a can of worms. When you try to decide who get what when. If we approve this now
I think everybody’s in here. The Marshal was asking for additional personnel and what, I’m trying
to figure out if we approve this today what’s that doing exactly as far as the study concerns? We’re
going to be mid-year pretty soon. Is that bringing on another additional employees now is that
when the study comes we automatically say we approve this we’ve got to do that because
somebody over here, and I know Animal Services needs some help and I understand that but every
facet of the government is crying for help. So how do we do that and if you approve this now ain’t
no sense in coming back and saying this department head’s in bad shape and we need to do some
more here. So I guess my question is what exactly would this do if it’s approved today?
Ms. Jackson: If this is approved today it would authorize us to add the positions, two for
Animal Control, one for Planning and Development, and one for the Marshal’s Office in such that
we could hire starting July 1. My budget numbers were based upon that for those positions. In
regard to the salary study all it does it set aside some money for implementation of the study but
we would not be using any of that money until the study is presented to you and you all make
decisions about how you want to use it.
Mr. M. Williams: So July 1 I understand a little bit better now (unintelligible).
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Ms. Mayor Pro Tem: Are you clear? Is that what you said? Okay, we have a motion and
a second, please vote.
Mr. Frantom and Mr. Fennoy out.
Motion Passes 8-0.
Ms. Mayor Pro Tem: Is that it, Madam Clerk?
The Clerk: Yes, ma’am.
Ms. Mayor Pro Tem: Thank you, Commission. The 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
May 2, 2017.
______________________________
Clerk of Commission
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