HomeMy WebLinkAboutRegular Commission Meeting June 2, 2015
REGULAR MEETING COMMISSION CHAMBER
JUNE 2, 2015
Augusta Richmond County Commission convened at 2:00 p.m., June 2, 2015, the Hon.
Hardie Davis, Jr., Mayor, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Sias, Frantom, M. Williams, Fennoy, D. Williams,
Hasan, Davis and Smith, members of Augusta Richmond County Commission.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: All right, good afternoon citizens of Augusta. We hereby call this meeting
to order.
The Clerk: We would like to call on the Rev. Frederick L. Patterson, Pastor of the True
Vine Missionary Baptist Church for our invocation today followed by the Pledge of Allegiance.
Reverend Patterson.
Mr. Mayor: Please stand.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Reverend Patterson, if you’ll approach. Thank you for your service today,
we really appreciate your service to this community. Bless you.
Rev. Patterson: Thank you.
Mr. Mayor: Ms. Morawski?
The Clerk: Yes, sir, we first have our Years of Service Awards and if we have someone
from Human Resources to present those.
Ms. Elam: Good afternoon, Mayor, Commissioners. My name is Michelle Elam, your
Interim Human Resources Director. Today we’re happy to recognize our Years of Service
Recipients. For the month of May there are 22, 5 to 20 year recipients and 8, 25 to 50 year
recipients of which two are here this afternoon. With 25 years of service Julius C. Lee, Public
Works. With 30 years of service Fernell T. El, Licensing. Once again, a big congratulations to
our Years of Service Recipients. (APPLAUSE) Thank you.
Mr. Mayor: Madam Clerk?
The Clerk: Yes, sir, our first, our consent agenda consists of items 1-29 and under the
Public Services portion of the agenda I’ll read the alcohol applications and if there are any
objectors if you would please signify your objection by raising your hand.
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Item 2: Is a request for an on-premise consumption Beer & Wine License to be used in
connection with The Curry Hut located at 2810 Washington Road.
Item 3: Is a request for an on-premise consumption Beer & Wine License to be used in
connection with Zoe’s Kitchen located at 2907 Washington Road.
Item 3: Is a request for an on-premise consumption Liquor, Beer and Wine License to be
used in connection with Sole Augusta, Inc. located at 1033 Broad Street.
The Clerk: Are there any objectors to any of these alcohol petitions? None noted, Mr.
Mayor.
Mr. Mayor: Thank you, Madam Clerk. All right, Attorney MacKenzie, would you
approach? All right, here’s our posture. The question that was before us related to the previous
meeting that we had that because of a failure to have a sufficient enough quorum the meeting
ended. And the question was did we need to adjourn that meeting and the answer is no because
of a failure to have a sufficient quorum the meeting sufficiently ended thereby we have convened
a new meeting as such. All right. The Chair will entertain at this time any motions to add to the
consent agenda or remove from the consent agenda. The Chair recognizes the Commissioner
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from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. Item 1 I will need some clarity. I want to, I
think it failed and it should have been on the regular agenda is that right, Madam Clerk? That
item should have been on the consent.
The Clerk: Yes, sir, that probably is correct. I probably put it in the wrong place.
Mr. M. Williams: Okay.
The Clerk: Sorry, I apologize.
Mr. M. Williams: No problem, I just wanted to pull that to put it on the regular agenda
Mr. Mayor.
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Mr. Mayor: The Chair recognizes the Commissioner from the 3.
Ms. Davis: Mr. Mayor, could I pull number 21 please? I just had some questions.
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Mr. Mayor: The Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Chairman. On agenda item 13 the motion was for the
Administrator to review this before it came before the Commission for a final vote.
Mr. Mayor: Okay, so is ---
Mr. Lockett: So I guess that would be ---
Mr. Mayor: --- that a parliamentary inquiry or?
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Mr. Lockett: --- I supposed I need to pull it, Mr. Chairman, so that the Administrator will
have an opportunity to say whatever it is she wants to say.
Mr. Mayor: Okay, item 13 will be pulled from the consent agenda. The Chair recognizes
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the Commissioner from the 8.
Mr. Guilfoyle: Mr. Mayor, I would just like to add something to item number 11 for the
Administrator. I had gotten word from the owner Regency Mall that he’s willing to discuss any
kind of options or incentives to move forward. And if he needs to come down here from New
York he will. I’ll get you his contact information.
Mr. M. Williams: A question, Mr. Mayor.
Mr. Mayor: State your inquiry.
Mr. M. Williams: Are we pulling that for discussion? I mean ---
Mr. Guilfoyle: No, sir, I just wanted to add a footnote so there’s an open door for the
Administrator.
Mr. M. Williams: Oh, okay.
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Mr. Mayor: The Chair recognizes the Commissioner from the 5.
Mr. Lockett: Mr. Chairman, thank you. I mean this is all good and well, but I don’t think
my colleague is the person that should be entering into conversation with somebody of this sort.
I think it should be maybe the Administrator or somebody else. I’m glad he did but I don’t think
that’s appropriate for him.
Mr. Mayor: Duly noted. All right, are there any other motions to add or pull from the
consent agenda? Any other motions to add or pull from the consent agenda?
Mr. Sias: So moved.
Ms. Davis: Second.
CONSENT AGENDA
PUBLIC SERVICES
2. Motion to approve New Ownership Application: A.N. 15-24: request by Deshdeep
Mahindru for an on-premise consumption Beer & Wine License to be used in connection
with The Curry Hut located at 2810 Washington Rd. There will be Sunday Sales. District 7.
Super District 10. (Approved by Public Services Committee May 26, 2015)
3. Motion to approve New Application: A.N. 15-25 request by Aaron M. Sylvain for an on-
premise consumption Beer & Wine License to be used in connection with Zoe’s Kitchen
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located at 2907 Washington Rd. There will be Sunday Sales. District 7. Super District 10.
(Approved by Public Services Committee May 26, 2015)
4. Motion to approve New Application: A.N. 15-26 request by James Klugo for an on-
premise consumption Liquor, Beer and Wine License to be used in connection with Sole
Augusta. Inc. located at 1033 Broad Street. There will be Sunday Sales. District 1. Super
District 9. (Approved by Public Services Committee May 25, 2015)
5. Motion to approve the naming of the Conference Room at the Augusta Municipal Golf
Course the “Legends Room at The Patch”. (Approved by Public Services Committee May
26, 2015)
6. Motion to approve the selection of Remac, Inc. for the crack seal and ramp area
maintenance at Daniel Field Airport. Bid 15-155 (Approved by Public Services Committee
May 26, 2015)
7. Motion to approve giving the Transit Director thirty days to evaluate the Fort Gordon
route, to determine any areas that can be adjusted for cost and increased ridership and to
provide any other recommendations for improvements of the transit system. (Approved by
Public Services Committee May 26, 2015)
8. Motion to approve referring back to committee an update on all financial transactions
associated with the Highway 56 Transit Facility Project and receiving a report back from
staff in 30 – 45 days. (Approved by Public Services Committee May 26, 2015)
9. Motion to approve RFP Item 15-157, Design and Delivery of Outdoor Fitness/Wellness
System for Senior Adults, to Southern Playgrounds for$39,353.00. (Approved by Public
Services Committee May 26, 2015)
10. Motion to approve an Ordinance to amend Augusta Code Title Seven Chapter Four
Article Four Section 7-4-28 relating to the Requirement of Performance with Certificate of
Appropriateness; to repeal all Code Sections and Ordinances and parts of Code Sections
and Ordinances in conflict herewith; to provide an effective date and for other purposes.
(Approved by Public Services Committee May 26, 2015)
11. Motion to approve addressing through the attorney, Planning and Development, the
Administrator and any other relevant department a path forward regarding what can be
done to encourage the Regency Mall property owners to develop the property and bring
back a recommendation in 45 days to a legal meeting. (Approved by Public Services
Committee May 26, 2015)
ADMINISTRATIVE SERVICES
12. Motion to approve award of RFP 15-164 Life/LTD Insurance Services to The Standard
subject to final contract negotiations and to authorize the Administrator to execute such
finally negotiated contract. (Approved by Administrative Services Committee May 26,
2015)
FINANCE
14. Motion to approve the replacement of two older vehicles for the Augusta Regional
Airport Marshal’s Department, approved by the Aviation Commission using the GMA
Lease Program. (Approved by Finance Committee May 26, 2015)
15. Motion to approve request from Engineering Department-Maintenance Division to
replace a current expiring 60-month lease of 2 older motor graders with a new 60-month
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lease from Yancey Brothers Caterpillar, Inc., of Augusta, Georgia for $2,012.55 each per
month (Bid 15-143). (Approved by Finance Committee May 26, 2015)
16. Motion to approve the replacement of 10 automobiles for Criminal Investigation
Division and 1 new Ford F-150 for Special Operations of the Sheriff’s Office using Phase
VI of the Sales Tax. (Approved by Finance Committee May 26, 2015)
17. Motion to approve authorizing the creation of a Director of Compliance position in
accordance with Section 14C of the Consolidation Act. (Approved by Finance Committee
May 26, 2015)
ENGINEERING SERVICES
18. Motion to approve funding for final Design Consultant Services Supplemental
Agreement to URS Corporation (now merged with AECOM) in the amount of $438,140.18
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for the 15 Street Pedestrian Improvement Project as requested by the AED. (Approved by
Engineering Services Committee May 26, 2015)
19. Motion to authorize condemnation to acquire title of a portion of property for right of
way (Parcel 135-0-003-01-0) 1530 Marvin Griffin Road. (Approved by Engineering
Services Committee May 26, 2015)
20. Motion to authorize condemnation to acquire title of a portion of property for right of
way, permanent easement, and temporary construction easement (Parcel 041-0-018-04-0)
3449 Washington Road. (Approved by Engineering Services Committee May 26, 2015)
22. Motion to approve entering into an agreement with Georgia Power (GP), stating that
the City of Augusta will pay for the GP Facility Relocation Costs on the Berckmans Road
Widening & Realignment Phase 1 Project in accordance with the estimate totaling
$372,650.00. Also, approve the Utility Relocation Agreement to be executed by the City of
Augusta Legal Counsel and the Mayor, and approve payment as requested by Augusta
Engineering Department. (Approved by Engineering Services Committee May 26, 2015)
23. Motion to approve funding for Design Consultant Services Supplemental Agreement
Three and Change Number Three to Pond and Company in the amount of $43,930.00 for
the Berckmans Road Widening, Realignment and Bridge Replacement Project as
requested by AED. (Approved by Engineering Services Committee May 26, 2015)
24. Motion to approve authorizing the establishment of an abandoned building demolition
program. (Approved by Engineering Services Committee May 26, 2015)
25. Motion to approve the Avrett Plumbing Company, Inc. in the amount of $250,000.00
for option year renewal of existing contract for Cleaning of Sanitary Sewer Systems to be
performed under Account Number 505043410-5223220. (Referred from May 19
Commission meeting) (Approved by Engineering Services Committee May 26, 2015)
PETITIONS AND COMMUNICATIONS
26. Motion to approve the minutes of the Regular Commission Meeting held on May 19,
2015 and the Special Called Meeting held on May 26, 2015.
APPOINTMENTS
27. Motion to approve the appointment of Mr. John Kelly to the Augusta-Richmond
County Coliseum Authority to replace Mr. Harry Moore. (Requested by Commissioner
Smith)
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28. Motion to approve the appointment of Mr. Brandon Dial to a term on the Historic
Preservation Commission representing District 3. (Requested by Commissioner Davis)
29. Motion to approve the appointment of Mr. David Hutchinson to the Downtown
Development Authority Board to fill the seat vacated by Mr. Dennis Welch. (Requested by
Commissioner Fennoy on behalf of the Downtown Development Authority)
Mr. Mayor: We have a motion and a second to approve. A lot of business, a lot of
business before us today. Voting.
Motion Passes 10-0. [Items 2-12, 14-20, 22-29]
Mr. Mayor: All right, Madam Clerk, we’ll take item number one.
The Clerk:
PLANNING
1. ZA-R-237 – A request for concurrence with the Augusta Georgia Planning Commission
to approve a petition to amend the Comprehensive Zoning Ordinanceby adding a new
Section 28-F (Personal Care Home)amending Section 4-2 (Off-Street Parking and
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Loading) regarding parking requirements outside the Central Business District and;
amending Section 26-1(h) – Special Exceptions – Family Personal Care Homes. (No action
taken in Commission meeting May 19, 2015 – Planning & Development requests waiver of
the second reading if approved)
Mr. Mayor: Thank you. All right we’re going to have Ms. Wilson on deck but the Chair
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recognizes the Commissioner from the 4, Commissioner Sias.
Mr. Sias:
Thank you, Mr. Mayor. Ms. Wilson had gave us a pretty good overview of
this action and this is some action that’s been going on to address some of the issues that came
I move to
with Personal Care Homes. And I think they’ve done an excellent on this and
approve, Mr. Mayor.
Mr. Fennoy: Second.
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Mr. Mayor: The Chair recognizes the Commissioner from the 9. What’s your inquiry?
Mr. M. Williams: Thank you, Mr. Mayor. I’d like for Ms. Wilson to just share with me
some of the changes. Now we’ve got a motion and a second I guess my colleagues know what
they’re getting ready to vote on and what the changes are going to be. In our committee meeting
I didn’t understand it and I still don’t understand it. So I need some clarity on what this
amendment would be, Ms. Wilson. Every time I load and off load we’re not talking about a
commodity, we’re talking about people. We’re talking about most of the time in most cases
seniors at that so I’m a little bit confused when you talk about the off-street parking and the
loading and unloading. Can you help me, tell me what this actually does?
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Ms. Wilson: Basically ---
Mr. Mayor: Hold on just one second, Ms. Wilson. In our books in Tab 1 can you take us
to that place as you give your reference, Ms. Wilson? That’s where you’ve got your staff report
and the associated ordinance. Hopefully that will help us get to that place quickly.
Ms. Wilson: Okay, thank you.
Mr. Mayor: This is what they’re voting on.
Ms. Wilson: Basically if you look at your agenda item under Tab 1 you’ll see that we
had a number of Personal Care Homes that have come before this body over the past year and a
half actually probably over the past few years. And each time there was always a question in the
issue with regards to whether parking would be on-street off-street, the size of the facility with
regards to meeting the needs of the residents which they were to serve as well as trying to work
with creating a better partnership with the Department of Community Health. What this does
basically is it works on insuring that we have in our ordinance the appropriate standards to make
sure that they not only meet the state requirements but that they meet the requirements to insure
that they are better integrated into the communities from which they go into. So some of the
things that we have done within this is to look at home design requirements. We incorporated
that they needed to meet the 2010 ADA Standards for Accessible Design as set forth by the
Department of Justice. We had this out for a number of months on our web page. We also
contacted the people that provide these services to get feedback and input so this has been going
on for the past probably four or five months. The home must have handrails, grab bars,
doorways must be the appropriate width, things of that nature. The home must have better
definition with regards to where the operators live and sleep. We’ve had some cases that have
come before us where they had it set up where the operator was actually sleeping in the common
area which was supposed to be designated as a private space for the people living in the units.
We’ve asked that the size of the spaces be of reasonable in nature in that if someone’s got three
to five individuals that they are at least providing a 100x20 living space. And that’s basically
10x12 rooms so that’s not anything that’s unreasonable. We touched on parking. There are a
number of residence’s that have people that come in and visit. There are a number of these
facilities that have staff that come in and staff the property 24 hours a day, seven days a week.
So we’ve come up with off-site parking standards i.e., if you’ve got two residents you need to
have one parking space. If you’ve got three, you need to have one with a total of three required.
If you’ve got you know four residents up to six residents you need to have four parking spaces
that are off-site. This basically eliminates the crowding on a lot of the public streets because
again if you’re in a neighborhood and someone has a Personal Care Home that’s there legally
and everybody is parking on the street it takes away from the people that also live in the
neighborhood that might have the need for someone to use that space. In a lot of instances they
need more space than the four spaces but the four spaces are the minimums. So basically this
ordinance updates our current ordinance, brings it into compliance with all the laws and also
provides some additional certainty for the people that live in the neighborhoods.
Mr. Mayor: Continue, Commissioner.
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Mr. M. Williams: Thank you, Mr. Mayor. Ms. Wilson, what I’m hearing is this going to
make it very difficult for most of those type facilities that’s in neighborhoods. And I had one I
spoke with Mr. Sherman about that was, had a sign. And we asked people not to put signs out
for daycares and for Personal Care Homes so it looks like a residence. But this is going to make
it very difficult. It’s already difficult to meet the requirements when you go into a neighborhood.
Now if we’re going to take these people and put them in a certain area and make those
requirements then it’s going to be even more difficult for those seniors to get that type of care
that they need going into some of these areas. These homes are not in the most exclusive part of
the city. They’re, I think they’re in a nice area but not in the most exclusive part so it’s going to
be more difficult if we pass this from what you’re saying. I understand about the space. My
question I guess do we do any surprise visitation to enter those homes? Do we have inspectors to
go to see whether or not because once we pass it and I think you said we don’t have any
jurisdiction after we pass it.
Ms. Wilson: Well, actually, we do have some ---
Mr. M. Williams: Okay, so my question is do we do any inspections?
Ms. Wilson: We’ll do an annual inspection. They have to get business licenses and
that’s the trigger that allows us to inspect and we usually will partner with the Fire Department to
do the inspections. This ordinance basically provides to me a better quality of life for residents
that live in these communities. You do have more concentration in certain areas of the town
because of the cost of the house to be purchased. On the other hand the people providing these
services are getting a lot of money for the most part to provide that service. And all we’re asking
is that people have a decent quality of life and a decent amount of space to live within. We’ve
seen some properties where you’ve had three people living in a space that’s 10x10 ---
Mr. M. Williams: And I think this department ---
Ms. Wilson: --- so this helps.
Mr. M. Williams: --- I think this department should do something about when they find
anybody violating any of those laws not just this one. So I mean you’re going to have those type
situations. But I looking at the mass of people who are trying to provide their services and they
do get paid for those services but I just thought that this was something that was added by us, not
by the state, not something that we were demanding had been demanded to do. There’s a lot of
things there I guess we could do but my question, Mr. Mayor, was that we make sure that we
didn’t make it difficult for people to provide that service because there’s some of us in the near
future that’s going to need some of that service. And I think that we ought to be mindful of and
make sure they go by our rules and regulations but if we keep adding to those we’re really
running those facilities out of this area so to speak. So that’s all I got (unintelligible).
Mr. Mayor: Thank you.
Mr. Lockett: Move to approve, Mr. Chairman.
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Mr. Sias: We already have a motion and a second.
Mr. Lockett: Oh, it is? Okay.
Mr. Sias: We already have a motion and a second.
Mr. Mayor: We have a motion and a second.
Mr. Lockett: Call for the question.
Mr. Mayor: All those in favor will vote yea and all those opposed will vote no.
Mr. M. Williams votes No.
Motion Passes 9-1.
The Clerk:
PUBLIC SAFETY
13. Motion to approve a request from Augusta Technical College Police Department for the
use of the FCC Radio Station License in connection with the issuance of Augusta Tech’s
Speed Detection Device Permit. (Approved by Public Safety Committee May 6, 2015)
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Mr. Mayor: The Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Chairman. Mr. Chairman, first of all I’d like to
acknowledge, I misunderstood my colleague Commissioner Guilfoyle. I understood him to say
that the owners of the property of Regency Mall called him but he said no, that’s not what he
said, so I offer my apology on the record to him. Agenda item 13 is we had a discussion during
committee. It was my recommendation that the Administrator be involved in this because she
hadn’t to that extent. So all I want to find, Mr. Chairman, is whether or not the Administrator is
willing to sign off on this as written.
Ms. Jackson: Quite frankly we have not been able to look into that into detail so I think
your options to this point is you can approve it as it’s written or you could table it and give us an
opportunity to look into it further.
Mr. Fennoy: Motion to approve.
Mr. Sias: Second.
Mr. Mayor: All right, very good. We’ve got a motion and a second to approve, there’s
further work to be done on this. Voting.
Motion Passes 10-0.
Mr. Mayor: Thank you.
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The Clerk:
ENGINEERING SERVICES
21. Motion to approve funding to RW Allen, LLCin the amount of $1,394,174.00 for Phase
I of the Design/Build Renovation of Former Augusta Library for Augusta, Georgia-Utilities
Department, RFP #15-131. (Approved by Engineering Services Committee May 26, 2015)
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Mr. Mayor: The Chair recognizes the distinguished Commissioner from the 3 Mary
Davis.
Ms. Davis: Thank you, Mr. Mayor. I just had a couple of quick questions and I know
we’ve had a lot of information sent to us recently on this but to be honest I didn’t have enough
time just to look through every detail. So I don’t know, Tom, if this question is for you or for
Ms. Sams from Procurement but I know we went by on the RFP according to these points we’re
seeing for the award of the contract. So all right what I’ve thought RW Allen he asked for a
Lump Sum Cost Proposal. Is that correct when you sent that out?
Mr. Wiedmeier: Yes, that’s correct.
Ms. Davis: So I was just today I know we’re approving the $1.39 million but that’s the
partial fee?
Mr. Wiedmeier: Right, that would be a part of the overall price that was offered. It’s, we
just did that so we could get to work with the demolition while the design is being finished.
Ms. Davis: So was it awarded though based on the lump sum cost?
Mr. Wiedmeier: No, this was a Request for Proposal so there were, costs was one of the
scoring factors but there were other criteria that factored into the ranking of the proposals. Cost
was just one element.
Ms. Davis: Okay, but we do have a full cost.
Mr. Wiedmeier: Yes.
Ms. Davis: And it will it exceed I mean can it exceed that what we’re approving today
just even though we’re just doing part of it?
Mr. Wiedmeier: Not unless, well, not unless during the demolition something is revealed
that wasn’t anticipated which is another reason why we wanted to proceed with the demolition.
And then there was, there’s one other cost that’s included in this Phase I that was not in the
original cost and that was asbestos abatement in the house that’s adjacent to the structure. We
had a demo cost for that house but didn’t have the asbestos surveyed back yet so the cost for
abating the asbestos is in this cost.
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Ms. Davis: Okay, one other question, Mr. Mayor. I know in the point system we also
talk about when the project is completed and I think he’ll ask for it to be on or before 365 days.
Mr. Wiedmeier: That’s correct.
Ms. Davis: The higher points, was this because they’re going to complete the project
sooner than the others?
Mr. Wiedmeier: There were a couple of things that without getting into revealing the
schedules which I don’t know that I can do at this point but the highest points were awarded to
the schedule that provided the most detail as well as the shortest schedule. So there were a
number of factors that went into that scoring.
Ms. Davis: Okay, so RW Allen was on the shorter schedule, they proposed the shorter
scheduled to be completed.
Mr. Wiedmeier: That’s correct.
Ms. Davis: Okay, I was confused on that one. Thank you, Mr. Mayor.
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Mr. Mayor: The Chair recognizes the Commissioner from the 2 Commissioner Dennis
Williams.
Mr. D. Williams: Is this contract considered to be a bundling contract?
Mr. Wiedmeier: I’m not sure what you mean by bundling.
Mr. D. Williams: Isn’t that the phrase that you use when you have a primary contractor
bid on the job and then he has to have several subcontractors?
Mr. Wiedmeier: There will be subcontractors that they’re using on this.
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Mr. Mayor: The Chair recognizes the Commissioner from the 8 Commissioner
Guilfoyle.
Mr. Guilfoyle: Thank you, Mr. Mayor. Tom, I had a lot of questions last week in
regards to this and I somewhat got an answer from our Procurement Director. I never did get the
time schedule from you which you pretty much said the reason why. But if all three firms are
proposing this project the following including the proper scope, met the required schedule and
fully capable of completing the RFP why are we selecting the highest bidder?
Mr. Wiedmeier: Because under this method of procurement there are other factors that
are weighed in addition to price and by the scoring criteria that went out with the RFP the
selected firm had the highest score.
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Mr. Guilfoyle: Basically on the scoring under I believe it’s Schedule 2 as far as
schedules the RFP clearly stated that it be completed no more than 360 days ---
Mr. Wiedmeier: That’s correct.
Mr. Guilfoyle: --- which I believe all three had complied with that.
Mr. Wiedmeier: Right.
Mr. Guilfoyle: And so why would points be deducted or added at that point?
Mr. Wiedmeier: Well, the RFP stated that if you submitted a schedule more than 360
days you would be noncompliant. So that was the maximum you could go. We of course would
like to see this completed as quickly as possible so we, the committee gave more points for the
quicker schedule as well as schedule detail factored into that as well. The more detail that was
provided in the schedule the more the committee was comfortable that the contractor fully
understood and had planned the work.
Mr. Guilfoyle: Right apparently that’s for your eyes only because we don’t know the
schedule or the timeline. This is a guaranteed maximum price job.
Mr. Wiedmeier: Yes, it will be.
Mr. Guilfoyle: And we still don’t know the total.
Mr. Wiedmeier: That’s correct.
Mr. Guilfoyle: So we’re approving something we don’t have a clue, only a partial.
Mr. Wiedmeier: The Commission, if the commission approves this Phase I and they elect
not to approve the Phase II then we’ll, I mean it’s not binding you to approve the Phase II. We’d
have to go out and procure those services in another way but this is not, you’re not writing a
blank check here.
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Tom, I’ve been telling you, you had more money than you know what
to do with. You didn’t believe me but any time you can let a bid out and the money’s not the
main factor it bothers me but that tells me you’ve got plenty of money. How is it that and this is
not on Procurement nor you I guess it’s on this body, maybe the representative will have to do it.
How is it possible for someone to give you a timeline and a high bid? I say high bid the largest
bid and if they don’t fit in that timeline then what? I mean do we get reimbursed do they lose
what we promised to pay them or we just don’t do business no more. I mean something has to
happen because I can give you a timeline that we’ll come right here into work because I know
what you want because the money ain’t no problem. So if someone gives you a timeline and that
meets makes you feel warm and fuzzy how is that we can do that and not worry about the cost
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because I thought, we ain’t, because I don’t do no construction I thought that was the key factor
what it would be the price.
Mr. Wiedmeier: It is a key factor. There are other things that we like to consider but we
would before we sign the final contract there would be a schedule that was consistent with the
schedule they offered with their proposal. And then there would be liquidated damages if they
did not meet that schedule. It would cost them for every day that they go beyond their agreed to
schedule.
Mr. M. Williams: Mr. Mayor, if I could follow up because if I put my price up high
enough I wouldn’t care about the liquidated damages because I can come under that with the
time that I need because I’ve got the price up there. Now that doesn’t take no rocket scientist, I
figured that out. So I’m just trying to figure out how we can change that. I understand what’s
before us now and I’ve got some issues with it myself but I’m just trying to figure out how can
we put it in perspective where we can make sure that we get the best contract and contractor for
what we’re paying and not just have somebody to come in and do it. Now the folks that are
doing business with us ain’t no new folks, let’s put it that way. They’ve done a lot of business
they’ve been here a long time and I kind of appreciate that in some respect but I’m wondering
why and you’ve heard me say this before folks get in the house and you can’t get them out.
Mr. Wiedmeier: Well, we, the committee gave the highest score to the firm that we felt
was best suited for this project. The prices were not there wasn’t a whole lot of difference that
one was not astronomically higher than the others so which in that that would’ve been reflected
in the scoring. But we feel like this is a good contractor and a good proposal and that’s why it
was scored like it was.
Mr. M. Williams: Mr. Mayor, I appreciate.
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Mr. Mayor: Thank you. The Chair recognizes the Commissioner from the 6
Commissioner Hasan.
Mr. Hasan: Mr. Wiedmeier, how are you doing, sir?
Mr. Wiedmeier: I’m doing well and you?
Mr. Hasan: Excuse me just for clarity when you made mention much earlier about
asbestos and things of that nature that was not necessarily included in this. Was that not included
in the contract as you went out?
Mr. Wiedmeier: We had finished the asbestos survey for the library itself so that
information was in the RFP. All the proposers included a price to do that asbestos abatement.
For the adjoining house that we’re going to be tearing down we did not have the asbestos survey
back yet so they gave us, every proposer gave us a price to demolish that house but they couldn’t
know the extent of asbestos so every one of them would’ve had to have added that to the price
that they offered.
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Mr. Hasan: Okay, also in terms of this whole project, I realize this is Phase I are they
also at this time have they won Phase II as well?
Mr. Wiedmeier: No, but ---
Mr. Hasan: Has Phase II been let yet?
Mr. Wiedmeier: --- it has not. We’ll come back to approve Phase II.
Mr. Hasan: I mean but have they won are they won or are you saying you’re, is it ---
Mr. Wiedmeier: Well, our intent is that while Phase I while the demolition and the
asbestos work and the roofing is being done they’ll complete their design and then we’ll come
back and get Phase II approved. Our intent is to negotiate an acceptable contract with RW Allen
and bring it back to you. If for some reason we can’t, we wouldn’t recommend it to you and then
you always have the option to not to approve it.
Mr. Hasan: So you’re saying right now if anything has been awarded is Phase I they
have not officially been awarded Phase II.
Mr. Wiedmeier: That’s correct.
Mr. Hasan: So why not Phase II is going to be bidded out then if they have not won it?
Mr. Wiedmeier: Well it, there are elements of the design and actually there may be
things revealed during the demolition that could change the Phase II which is why we elected to
go with the Phase I while the Phase II was being finalized.
Mr. Hasan: Well, I’m going to ask you a simpler question maybe you can answer or Ms.
Sams can answer I don’t want to beat the dead horse here. What is it that myself and my
colleagues are missing about this process here because we only have a partial figure, we have a
potential individual that you’re going to negotiate make it almost like a for lack of a better term a
sole person that you’re going to negotiate with for the second half of the project. So what is it
that we are missing that we may not be understanding about this particular bid process?
Mr. Wiedmeier: I’m not sure.
Mr. Hasan: Okay, okay all right. Thank you sir.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, Mr. Mayor. Mr. Wiedmeier, you’re an engineer and this body has
a lot of faith in what you do in your judgment. So in your judgment straight across the table, is
this what we need?
Mr. Wiedmeier: This is what I recommend, yes.
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Mr. Sias: Mr. Mayor, I move to approve.
Mr. Fennoy: Second.
Mr. Mayor: All right, I’ve got a motion to approve and an appropriate second
(unintelligible). Commissioner Lockett, parliamentary inquiry?
Mr. Lockett: No, I got a question.
Mr. Mayor: Okay, state your question.
Mr. Lockett: Thank you, Mr. Chairman. Mr. Wiedmeier, this is not about the contract
but I would like to know has any consideration been given to using solar power or any type of
solar energy in that particular building? Has any consideration been given for having green
space on the roof?
Mr. Wiedmeier: We have not looked at that yet. We are starting the discussion with
everybody else in the city about the solar power but that has not been planned at this point for
this project.
Mr. Lockett: Well, since you’re in the utilities business you would be a good person to
set the example for everybody else.
Mr. Wiedmeier: Okay.
Mr. Lockett: Thank you. Thank you, Mr. Chairman.
Mr. Mayor: Mr. Wiedmeier, there’s a lot of interest in what you’re doing even with a
motion and a second. The Chair recognizes Commissioner D. Williams.
Mr. D. Williams: Sir, how many local self-contractors would the primary contractor use,
roughly?
Mr. Wiedmeier: I would guess there would be a plumbing sub, mechanical sub and
electrical sub, asbestos abatement probably between five and ten.
Mr. D. Williams: Okay, thank you. They’re local, correct?
Mr. Wiedmeier: Yes, RW Allen is a local company and they are committed to using
local.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 1 Commissioner
Fennoy.
Mr. Fennoy: And I guess this question is for Ms. Sams.
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Mr. Mayor: The Chair recognizes Ms. Sams Procurement Director.
Ms. Sams: Good afternoon.
Mr. Fennoy: Ms. Sams, how are you doing?
Ms. Sams: I’m great, sir, how are you?
Mr. Fennoy: When we ask send out an RFP for a project, do we ask that the person that
gets the contract use local as subcontractors?
Ms. Sams: In our documentation we always encourage local participation. And in this
contract local participation was encouraged.
Mr. Fennoy: Okay and this is how local participation is encouraged in all of the contracts
that goes out?
Ms. Sams: All except the contracts that are being funded by federal funds. Federal funds
prohibit geographical location of selecting vendors.
Mr. Fennoy: And my last question is that so far the contractors has adhered to using local
contractors or do we have anybody to monitor to see if they’re using local contractors or not?
Ms. Sams: Local contractors are being brought to the table by all the contractors with
exception of that language as it relates to the federal funded contracts. Those contracts are
monitored by your Local Small Business Office.
Mr. Fennoy: Thank you.
Mr. Mayor: All right, I’ve got a motion and a second. All those in favor will vote yea
and those opposed will vote no.
Mr. D. Williams, Ms. Davis, Mr. Guilfoyle and Mr. M. Williams vote No.
Motion Passes 6-4.
Mr. Mayor: Ms. Morawski, Item 35.
The Clerk: Thirty-five?
Mr. Mayor: Thirty-five.
The Clerk:
ENGINEERING SERVICES
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35. Approve proposed Amendment to Stormwater Ordinance. (Referred by Engineering
Services Committee May 26, 2015 to the full Commission)
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Mr. Mayor: Item 35. All right the Chair recognizes the Commissioner form the 4.
Mr. Sias: Thank you, Mr. Mayor. I’m trying to figure out why I raised my hand on this,
just kidding. Hey with all the, there’s been a lot of discussion a lot of talk on the stormwater fee,
Mr. Mayor and fellow commissioners, but at this point I do not believe we are really, really at
the point that we can make a totally well informed decision on this and I move that we send this
item to the next full commission meeting.
Mr. Frantom: Second.
Mr. Mayor: All right, let’s hold for a moment. Let’s just hold for a moment. All right
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the Chair recognizes the Commissioner from the 6.
Mr. Hasan: Oh, I’m sorry, Mr. Mayor. Mr. Mayor, I’d like to make a substitute
motion in terms of, unless my colleague would like to amend his motion in terms of not
necessarily the next commission meeting after we speak with the Administrator and
everything and let her give us a timeline on it.
Mr. Mayor: I’ve got a substitute motion. I need a proper second.
Mr. Fennoy: Second.
Mr. Mayor: Okay, I’ve got a substitute motion to table this, is that what I heard?
Mr. Hasan: Well, you can say table until we have a conversation with the Administrator
to see exactly where we all are and try to get us on the same page to get this done. We want to
get as much unanimous consent as we possible at the end of the day.
Mr. Mayor: Okay, I’ve got a motion to table for further discussion and input with the
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proper second from the Commissioner from the 1. Yes, no?
Mr. Fennoy: Yes.
Mr. Mayor: Okay, I’ve got a motion to table and an appropriate second from the
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Commissioner from the 1.
Mr. Sias: (unintelligible).
Mr. Mayor: All right, state your inquiry.
Mr. Sias: If we table this matter today does it come back up before this meeting is
adjourned?
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Mr. Mayor: You could potentially do that.
Mr. Sias: But is that required?
Mr. Mayor: It is not.
Mr. Sias: Thank you.
Mr. M. Williams: Mr. Mayor, I ---
Mr. Mayor: All right, state your inquiry. The Chair recognizes the Commissioner from
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the 9 State your inquiry.
Mr. M. Williams: --- thank you, sir. I need to hear something from our Attorney as to
the question that the District 4 Commissioner just stated. He said if we table and you’re going to
decide, who’s going to decide when we take it off the table. I had another question I wanted to
ask but I need to get an answer from our Attorney about that one first I guess.
Mr. Mayor: Okay, state your question.
Mr. M. Williams: My question has been stated. I mean do we take if off the table today
or do we leave it until we feel like taking it off next month?
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: The rules regarding tabling will allow you to resume discussion of
either at this meeting or any other subsequent meeting. If this item is tabled, you can take it up at
any time.
Mr. M. Williams: So if I can get that in writing from our ---
Mr. Mayor: It’s in your rules, Commissioner.
Mr. M. Williams: --- well, I want to get it from him, Mr. Mayor; I’m asking him for a
copy of the rules. I don’t carry them around with me.
Mr. Mayor: I hear you.
Mr. M. Williams: Okay, I need a copy of those rules.
Mr. Mayor: I’ll share it with you; I’ve got it right here.
Mr. M. Williams: I need a copy if I can.
Mr. Mayor: You can have this one.
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Mr. M. Williams: Thank you, sir; I don’t want to share it.
Mr. Mayor: I’ve got a motion to table until further discussion and a second. Any further
discussion? Voting.
Mr. D. Williams and Mr. M. Williams vote No.
Motion Passes 8-2.
Mr. Mayor: All right, Item 30.
The Clerk:
PUBLIC SERVICES
30. Motion to approve retaining the Synagogue Building, demolishing the Court of
Ordinary Building and giving Mr. Steinburg and Historic Augusta the opportunity to work
out the agreement for the Synagogue’s preservation as proposed by the Administrator. (No
recommendation from Public Services Committee May 26, 2015)
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Mayor, I’d like to go ahead and make a
motion to that we save the Synagogue and the Court of the Ordinary because it’s not costing the
city any money. The money is being carried over from the Historic Preservation to where, you
know, I’m part of the Development Committee and we’re trying to come up with ways of
attracting and retaining people to stay here in Augusta. What we have here right on outside of a
door is a diamond in the rough. And with the Synagogue and museum coming into play I
believe it’s going to be another great tourist attraction for us and for future citizens and visitors
to come in. So that’s my motion, sir.
Ms. Davis: I’ll second it.
Mr. Hasan: I’d like to make a substitute motion, Mr. Mayor?
Mr. Mayor: All right, state your original motion, Commissioner, for myself and
(inaudible).
Mr. Guilfoyle: Motion to keep the Synagogue and the Court of the Ordinary Building.
Mr. Mayor: All right, so we’ve got a motion and a second. The Chair recognizes the
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Commissioner from the 6 for a substitute motion.
Mr. Hasan: Mr. Mayor, I’d like to make a motion to the effect that based on, and I know
he didn’t put all this in the motion based on the conversation that we’ve had with Mr. Steinburg
he seemed to have a game plan in terms of what the relationship and the conversation he had
with our Administrator that we save the Synagogue and we look for further discussion in terms
of the Court of the Ordinary since there’s no clear direction in terms of the Court of the
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Ordinary. This conversation has been going on for quite some time in terms of the Court of the
Ordinary and since there’s no clear direction even though some may say the only thing that’s
going to be there is green space and we can leave the building. So we don’t want to leave the
building sitting there, Mr. Mayor, with no intended use for the building at this particular time.
Just like Mr. Steinburg has put something together with numbers. Whether we chose to accept
those numbers is one thing but at the end of the day we have not gotten the same results from the
Court of the Ordinary. So at this particular time my motion is that we motion to save the
Synagogue and we deal with the Court of the Ordinary at another time.
Mr. Mayor: What does that mean, Commissioner? Can you clarify that?
Mr. Hasan: The clarification is plain and simple is that the Synagogue, we save the
Synagogue and we do not deal with the Court of the Ordinary in this motion because we just
passed, and the reason being, Mr. Mayor, in moving forward we just passed an ordinance in the
consent is that not, item number ten and so we want to do, if we made the motion to do anything
different then that particular time we get ahead of our ordinance and I don’t want to do that until
we can see something descriptive.
Mr. Mayor: I don’t know if I understand what you just said.
Mr. M. Williams: I’ll second that motion; I understood what he said. I’ll second that.
Mr. Hasan: Want me to try it again for you, Mr. Mayor?
Mr. Mayor: Well, let me ask you this question.
Mr. Hasan: Yes, sir.
Mr. Mayor: The original motion was to ---
Mr. Hasan: Save both of them.
Mr. Mayor: --- save?
Mr. Hasan: Yes.
Mr. Mayor: Okay and your motion is as you stated it was to save the Synagogue ---
Mr. Hasan: Right.
Mr. Mayor: --- and do nothing with the Court of Ordinary.
Mr. Hasan: At this particular time to not even entertain at this particular time.
Mr. Mayor: Okay, do nothing means that it’s saved as well.
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Mr. Hasan: Not necessarily, do not entertain any conversation. Now you can interpret
that way I do understand that. Now maybe you want to find an appropriate language to say well
we do not anything with it, I can’t, I can’t, Mr. Mayor, legally I can’t say tear it down at this
particular time because based on our ordinance we just voted on it.
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Mr. Mayor: Okay, all right. The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Yes, Mr. Mayor, what has been brought to my attention is the fact that the
Jewish community want to make a museum out of the Synagogue. And what was not discussed
at out last committee meeting is that they also want to use the Court of Ordinary for storage
space and office space. Now what was confusing to me at that at our last committee meeting is
the fact that I thought that the Jewish community wanted to transfer, I mean change the
Synagogue into a museum and that the Historic Augusta would bring back a recommendation for
use of the Court of Ordinary. But from talking with members of the community that has changed
and I think that if that be the case then someone from the Jewish community need to bring to us a
plan for the Court of Ordinary. One of the things that Commissioner Hasan mentioned at our last
committee meeting is that don’t piggyback off the museum whatever you want to do for the
Court of Ordinary. Bring it to us. But I later found out that they are one in the same. If they’re
one in the same then that needs to be brought to our attention. If they want to make that two
separate projects then before we take any action on the Court of Ordinary then someone needs to
bring us whatever plan they have for the Court of Ordinary.
Mr. Mayor: Okay, so that goes back to my previous question about the substitute motion.
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All right the Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, Mr. Mayor. I just want to point out to my colleagues as they were
making motions our Administrator had provided us with some detailed expectations that we
could have been used to express either point that either one of my colleagues made and they had
the necessary requirement for the Administrator to finish either way of whatever motion carried.
But with the present motions on the table there’s nothing included in there for the Administrator
be able to work out these agreements. So I just want to remind them of that in hopes that maybe
they might want to go back and look at these original motions that can answer the questions that
either one of them raised but they have all the necessary all the necessary framework with it.
Thank you, Mr. Mayor.
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Mr. Mayor: The Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Mr. Mayor, let me clarify my motion under this ---
Mr. Mayor: Before you do that I’ve got a substitute motion which at this juncture is a
superior motion. We need to take action on that first. So I’ve got a substitute motion and again
I’m going to repeat it. I’m not that smart but I didn’t understand it. When you say do nothing
that essentially is the same thing as a main motion that was previously made.
Mr. Hasan: Mr. Mayor, do I need start that up again for you? What I’m saying, Mr.
Mayor, at this particular time we’re not in entertaining my motion does not entertain the Court of
21
Ordinary. That’s my point. I am only, my motion only reflects that I’m talking about saving the
Synagogue. I’m not even mentioning but I did mention but my motion was intent not to have
that conversation about the Court of Ordinary. I’m saying save the Synagogue.
Mr. Mayor: Okay.
Ms. Davis: Mr. Mayor?
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Mr. Mayor: The Chair recognizes the Commissioner from the 3.
Ms. Davis: Thank you, Mr. Mayor. And I appreciate Commissioner Hasan’s remarks
but I think you know this came to our attention because of a schedule for demolition in the IT
Building and to continue with what’s been going on with construction with the Municipal
Building Campus. So I think we have to make a decision in that regard I might be wrong, but,
Mr. Mayor, I think that we can’t really leave that open as far as for our construction purposes. Is
that correct?
Mr. Mayor: I couldn’t agree with you more. I think that as the Commissioner from the
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6 has duly noted and with a penchant for wanting to make decisions and take action Item 10
what it suggests or necessitates is that if you don’t do anything within 45 days pursuant to the
passage of Item 10 that this body has just said well we don’t have to have the HPA come back
before us we could simply just do whatever we want to do. I think again as the Commissioner
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from the 4 has indicated the Administrator has spent a considerable amount of time meeting
with the interested parties and having done so there is a workable plan of action in terms of how
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we should address these. I think that’s what the Commissioner from the 4 indicated. Is that not
true? Okay. Having said that what I would suggest is that we refer back to the main motion.
That’s just my recommendation.
Mr. D. Williams: Don’t we have to vote on the substitute first?
Mr. Mayor: You do, you do, but I’m just giving you some guidance.
Mr. Hasan: Mr. Mayor.
Mr. Mayor: We’ve got a substitute motion and a second. We’re going to vote on that
substitute motion. It’d probably be appropriate, Ms. Morawski, did you get that substitute
motion?
The Clerk: Yes, sir, to save the Synagogue and to deal with the Court of Ordinary
Building at another time.
Mr. Mayor: Okay. All right. Voting.
Mr. Hasan, Mr. M. Williams and Mr. Smith vote Yes.
Mr. Lockett, Mr. Guilfoyle, Mr. Sias, Mr. Frantom, Mr. Fennoy, Mr. D. Williams and Ms. Davis
vote No.
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Motion Fails 3-7.
Mr. Mayor: Okay, now before us the main motion.
Mr. Guilfoyle: Mr. Mayor.
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Mr. Mayor: The Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Thank you so much. Under what the Administrator had proposed to us
three different options. Option #2 is Selective Demolition, the old IT Building and Annex, but
not the Court of the Ordinary or the Synagogue. Yes, the MOU.
Mr. Mayor: Okay, the Chair recognizes Administrator Jackson.
Ms. Jackson: I just want to make clear that in order for us to carry out either one of those
options, there’s specific language and dollars that have to be allocated. We worded the motion
as Commissioner Guilfoyle referred to in the middle there that second option. I just want to make
clear that we need you all to act on the authorization of that $285,000 dollars in funding being
created and authorizing me to extend contracts as necessary to get the demolition accomplished.
I just want to make sure that everybody understands that I have to undertake all of those actions
and need authorization from you to do so.
Mr. Hasan: So, Mr. Mayor, so is she asking that we include that in the motion, that be
included in Commissioner Guilfoyle’s motion?
Mr. Mayor: I hadn’t got to you yet, Commissioner.
Mr. Hasan: Okay.
Mr. Mayor: All right, Madam Administrator, the item that you’re referring to is under
Tab 30 and it’s the last page. I want to draw everybody’s attention to that. Is that correct?
Ms. Jackson: That’s correct.
Mr. Mayor: Okay. And what is before us is the second paragraph. Is that correct?
Ms. Jackson: That’s correct.
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Mr. Mayor: All right. The Chair recognizes the Commissioner from the 6.
Mr. Hasan: Based on what you just said if I understand or was she asking that also that
become part of Wayne’s, Commissioner Guilfoyle’s motion?
Mr. Mayor: I believe that’s a true statement.
Ms. Jackson: That’s correct.
23
Mr. Hasan: So that means he would amend his motion?
Mr. Mayor: I think that’s a true statement as well. All right, I’m going to recognize the
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Commissioner from the 4.
Mr. Sias: Thank you, Mr. Mayor. Also in that if I’m not mistaken if I can address this to
the Administrator, Mr. Mayor, there was also a requirement for an MOU with Mr. Steinburg and
the Jewish community to have a timeline and what they were supposed to do. And my colleague
is agreeing to amend his motion to include both the finance and the MOU with the requirements
of the specific timeline as to what these events are supposed to take place as far as the museum
and so forth. Is that correct, Ms. Jackson?
Ms. Jackson: That’s correct.
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Mr. Sias: Mr. Mayor, I ask that the Commissioner from the 8 if he’s willing to amend
his motion to include both of those items.
Mr. Guilfoyle: It’s going to be the longest motion ever recorded in Augusta Richmond
County.
Mr. Mayor: Okay, I love it, I just love it. All right, okay ---
Mr. Guilfoyle: That’d be fine, sir.
Mr. Mayor: --- all right, I think there’s concurrence on that. Not a problem. All right so
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the Chair is going to recognize the Commissioner from the 1 and then I’m going to come back
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to the Commissioner from the 9.
Mr. Fennoy: I think that it was also we also said that the maintenance of those will be
that the, Mr. Steinburg would take care of the maintenance of those facilities.
Ms. Jackson: That’s correct. If you look at the second page on that agenda item there are
two pages of bullet points relative to the major points of our agreement with Mr. Steinburg. One
page relates to only saving the Synagogue. The second page relates to saving the Synagogue and
the Court of the Ordinary which seems to be where you’re headed at this point. If you look at
bullet #3 Historic Augusta or the nonprofit organization to be formed by Mr. Steinburg will be
responsible for any maintenance, utilities or repairs needed during the time of the lease.
Mr. Mayor: All right, I’m going to make this real easy for us. All right, as the
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Commissioner from the 4 indicated earlier all of those things that are stated in the agreement
have been listed by Administrator Jackson. Instead of making a long motion that is not
necessary I think it’s appropriate to go back originally to the main motion including, including
the narrative from Administrator Jackson that speaks to this issue as opposed to trying to
articulate some long motion. All right, got that? All right, all right the Chair recognizes the
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Commissioner from the 9.
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Mr. M. Williams: Mr. Mayor, my question is to be spoken to Ms. Jackson I guess. If we
don’t do something is the demolition, is that cost going to escalate or are we locked in to
something as we are now or will that change? We’ve been putting this off and we’ve been
dealing with this for quite some time so I guess my question would be where are we with that if
we don’t pass something today. Will that go up any or do you know or do you have?
Ms. Jackson: If we do not get a decision soon there are two risks for us. The first risk is
that we do not comply with the temporary Certificate of Occupancy that has been issued to us.
We were given until the end of July to do the demolition so we risk not being in compliance with
that Certificate of Occupancy. The other issue is that Turner Construction based their price upon
I believe a seven or eight week schedule so to the extent that we extend that there will be
additional costs. So, yes, there’s risk in terms of time as well as money.
Mr. Mayor: Okay, thank you, Madam Chair. We have a motion on the floor and a
proper second. And that motion is consistent with the narrative that’s under Tab 30.
Mr. M. Williams: Can we get a roll call vote, Mr. Mayor?
Mr. Mayor: All right.
The Clerk: Ms. Davis.
Ms. Davis: Yes, ma’am.
The Clerk: Mr. Fennoy.
Mr. Fennoy: Yes.
The Clerk: Mr. Frantom.
Mr. Frantom: Yes.
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: Yes, ma’am.
The Clerk: Mr. Hasan.
Mr. Hasan: Yes.
The Clerk: Mr. Lockett.
Mr. Lockett: No.
The Clerk: Mr. Sias.
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Mr. Sias: Yes.
The Clerk: Mr. Smith.
Mr. Smith: Yes.
The Clerk: Mr. Dennis Williams.
Mr. D. Williams: Yes.
The Clerk: Mr. Marion Williams.
Mr. M. Williams: No.
Motion Passes 8-2.
Mr. Mayor: All right. Ms. Morawski.
The Clerk:
ADMINISTRATIVE SERVICES
31. Discuss the authorization for compensation to the commissioner who serves as a
member of the Planning Commission Board. (Requested by Commissioner M. Williams)
Mr. Mayor: The Chair recognizes Commissioner Marion Williams.
Mr. M. Williams: Thank you, Mr. Mayor. I asked the Attorney to get some, there’s a
state statute that allows for those boards that do receive compensation and see what designation
is as far as what it says about those who serve on that board and I’d like to get a ruling from him.
Mr. Mayor: The Chair recognizes Attorney, suspend, let’s suspend. Attorney
MacKenzie, continue.
Mr. MacKenzie: Sure, we have conducted a thorough research and have not located any
state law that would specifically provide for the membership or compensation for any member of
the Planning Commission. What we did find was a state law that authorizes the Commission to
make those decisions and we do have an ordinance that a commission approves that establishes
the board membership. That does not include a member that is commissioner member. The
bylaws that go to the Planning Commission provide that there is a liaison of the Commission that
is an ex officio member but does not provide for any compensation language related to that
particular position.
Mr. M. Williams: Okay, Mr. Mayor, I guess my question would be then who authorized
for all of those boards I think it’s five maybe six boards that I mean if the Commission
authorized those I need to know. Now my understanding is the state statute came from the
26
legislators. I thought sure that we with all the technology we’ve got know we’d be able to find
that. Previous Commissioner Joe Bowles and others who have served on that board have been
compensated for it. I need to see something in writing. I would appreciate not just what
somebody says. There’s got to be something written down somewhere because if it’s under a
rock they ought to dig it up and at least find out where it was under the bottom of that rock. But
I’m hearing that and so, Mr. Mayor, I don’t know what our next step would be but the Planning
and Zoning Board is just a board in question now but there’s several other boards that get paid as
well. It’s not just the Planning and Zoning but that’s just the one that that they questioned so
how do we proceed from here?
Mr. Mayor: Are you directing that to Attorney MacKenzie or just ---
Mr. M. Williams: No, I’m directing that to you, Mr. Mayor, because my attorney don’t
seem to have much information for me. So I’m asking you what direction do we need to pursue?
I mean if he hadn’t found it in all this time, I don’t think he’s going to find it.
Mr. Mayor: Well, since you’ve asked me I wasn’t going to speak to this but since you’ve
asked me I think that as an elected official you have been granted the public’s most important
gift and that’s their trust. And as such serving in an ex officio capacity whether it be on the
Planning Commission, the Board of Zoning Appeals, Aviation Authority or any of those that as a
result of serving and having been granted but then finding yourself in the capacity as a decision
maker about the actions that those bodies take I would believe it would be in your best interest,
our best interest as elected officials not to receive any compensation. That’s what I would
suggest that as an elected official we’re compensated to serve in the roles that we serve in and as
such you’re providing oversight if you will while serving in that capacity and then you come to
this body and you summarily make decisions that are pending that are binding. And as such you
probably don’t want to be in situation. I don’t know if this applies the gratuities clause I
certainly would defer to the Attorney to speak to that matter but that would be a question that
comes up into my mind is there an issue as it relates to the gratuities clause of Georgia by
receiving compensation. So since you’ve asked but I’m not deciding on this that’s just my two
cents worth.
Mr. M. Williams: And I thank you I really appreciate that because it brought back to my
mind before you took office you were asking for a raise yourself on a set salary that you had not
to see as of yet and I understand that. But I serve on that board and I’m not asking for
compensation just because I think that I ought to have it. I think that anybody who serves on that
board before and those issues were set forth by the state. It wasn’t something that and there’s
about 25 boards and only about six of them even the Health Department the previous
Commissioner was serving on that board got compensated for working. Now if we don’t want
anybody on that board what we need to do is just say we don’t need a person on that board. But
I’m assigned by the Mayor Pro Tem in fact I’m looking down your way, Grady, thank you. I
was assigned to that board I just didn’t jump on that board because I felt that was a good board to
be on. I’ve got as much as I can do if not more but I’m not going to fight for other folks to be
treated right and then I’m serving on a board that other board members get paid to work on or to
serve on and then I don’t. Now if it’s not legal, if nobody else is getting paid and there are other
Commissioners that serve on other boards they’re getting paid right now as ex officio members
27
that the attorney brought in so there’s other people getting ex officio pay. And someone says
we’re double dipping, but if you’re double working you ought to be paid.
Mr. Mayor: All right, I’m going to recognize a number of folks to speak to this but for
clarification and I want to make sure that we fully clarify this. Before I took office in this role
then we certainly don’t want to take occasions to personalize these personalize these
conversations but at no point in time have I asked for an increase in my salary as the Mayor of
this city. That’s never happened whether it be in verbal or written terms what was stated and I
think it’s what maybe you were referring to there was a request to increase the budget of the
Mayor’s office. By statute the Mayor cannot, cannot raise his or her own salary. State statute
defines what that is. You as a Commission can in fact raise that salary if you so choose. I don’t
think you’ll probably do that but you could. The Chair recognizes the Mayor Pro Tem
Commissioner Smith.
Mr. Smith: Mr. Mayor, what I’d like to do who could we task to present us with a list of
the boards and who gets paid who doesn’t get paid so we can clarify this and see you know and
correct whatever the problem is.
Mr. Mayor: I think the Administrator can do that right now.
Mr. Smith: Let’s do that and get it clear because I’ve had some inquiries about it when
people you know asked to be on certain boards and this and that. The next thing you know how
much does it pay?
Mr. Mayor: There are only five boards that pay and the boards determine whether they
pay and what that amount is and it’s ratified by the Commission. I know that because before
becoming an elected official I served on the Board of Zoning and Appeals from 1996 until 2006.
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Just as a point of information. The Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Chairman. I’ve served on many boards in my almost six
years on the Commission and I’m serving on about three maybe four now. I think the, what my
colleague Commissioner Williams is talking about this is for those appointees. This is people we
the members of the governing body appoint to various boards. And they’re the ones that receive
the money. Before I was elected Commissioner I served on the Board of Assessors. I received
compensation but I could not stay on that board after I was elected because like the Mayor said,
you can’t do that. And so that is for those people that are appointed by us; it is not for the
Commissioners.
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Mr. Mayor: The Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. You know if we do anything with this agenda
item, why don’t we do one thing. Why don’t we ask the Finance Clerk to go back seven, eight
years and see if there was any Commissioners paid for any other boards to put clarity to this and
get some questions answered. That might be a solution because if we receive this as information
it’s going to come right back.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 2.
Mr. D. Williams: Mr. Mayor, my understanding that the question is regarding the
Planning and Zoning Commission. If you look at, all you have to do is look at the payroll
records for Planning and Zoning for a number of years back and you could determine that the
Commissioner that was sitting on the Planning and Zoning Board, if they got paid or not. And if
they had you have a historical trend that they were getting paid as a Commissioner and as a
member of the commission on Planning and Zoning. All you do is look at Planning and Zoning
payroll and it’ll tell you what you need to know.
Mr. Mayor: Okay.
Mr. M. Williams: Point of Order, Mr. Mayor.
Mr. Mayor: Yes, sir, the Chair recognizes Commissioner Williams.
Mr. M. Williams: Commissioner Dennis Williams just made a very valid point. And the
reason I say that is because I’ve served on the Planning and Zoning at one time before and not
only myself but previous Commissioners. I mentioned Joe Bowles I think served on that board
and he got compensated for working not just compensated but when he made those meetings.
Commissioner Grady Smith just asked about all of the appointments and I’ve got on this agenda
that Grady talked about that how many appointments do we have and who’s authorized. The
Board of Tax Assessors get paid $675.00 per meeting. We got people that have been on there 15
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and 20 years. Now they’re not elected; in fact the Commissioner from the 5 Commissioner
Lockett was on that board and the information I got last week said he had got paid as an ex
officio member. I don’t know what an ex officio member comes from but since then it’s been
changed as he’s not being compensated. I’m not going to sit here and let anybody downplay or
decide that if you’re working you should be compensated for it. I served on the Health
Department Board but they pay $25.00 each time you meet, Sylvia, and every time you get that
it’s because you serve. Now I don’t know about the previous commission but myself, Joe
Bowles and several others have served on that board and got compensated for working on that
board.
Mr. Mayor: All right, so here’s our posture. This is a good discussion and certainly
appropriate.
Mr. Lockett: Mr. Mayor, Point of Personal Privilege.
Mr. Mayor: Just hold on, hold on. There’s a distinction that I think needs to be drawn
and then I’d like to get a motion if there is so that I think Commissioner D. Williams had a very
valid point and I concur with that. There’s a distinction between being an elected official and
serving in an ex officio capacity and being a nonelected citizen appointed by an elected official
and then serving. There is a tremendous distinction between the two and as such what I’ve heard
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is that from the Commissioner from the 8 the historical implications are that these individuals
and from Lockett, Commissioner Lockett, is that they were in a nonelected capacity. That’s
what I just heard. Is that not true?
29
Mr. M. Williams: Not true. That’s not (inaudible).
Mr. Guilfoyle: Mr. Mayor, my point was to check with the Finance because they’re
actually the ones who writes the check to see if there’s any past history of any Commissioner
getting paid to serve on any board for some clarity ex officio.
Mr. M. Williams: And, Mr. Mayor, a point of clarity is that I understand the difference
between appointed and elected. I was elected official District 2 Commissioner when I served on
the Planning and Zoning Board and I got compensated for the time I served on that board. And
that’s why it’s bothering me now. I want to know the brain surgeon who came up with the idea
to stop. I mean if they stop everybody, I’ve got no problem but there are some that are still
getting paid now on certain boards but they stopped that particular one. I have been paid before I
served before so what Commissioner Dennis Williams said was very valid but I know the
difference between being appointed there and then being elected and being there.
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Mr. Mayor: All right. The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Yes, I’d like to address this question to our Administrator.
Mr. Mayor: All right, Administrator Jackson.
Ms. Jackson: Yes, sir.
Mr. Fennoy: Ms. Jackson, how many boards do we have where the people that serve on
those boards get compensated?
Ms. Jackson: It’s about five.
Mr. Fennoy: Okay, of those five boards do we have a Commissioner that’s an ex officio
member of those particular boards?
Ms. Jackson: A commissioner that is an ex officio?
Mr. Fennoy: I mean that’s an ex officio member of those boards.
Ms. Jackson: I do believe, yes.
Mr. Fennoy: Okay, of those five boards how many elected officials are getting paid to
serve on any of those boards?
Ms. Jackson: My current understanding is none of the currently seated Commissioners
are paid to serve on those boards.
Mr. Fennoy: None of them.
30
Ms. Jackson: None, currently. Now that was different in the past. What I understand
that I’m going back during the time period before the Planning and Zoning was merged into
Augusta Richmond County Government that the Commissioners who served at that time were
paid.
Mr. Fennoy: So back to that time, we did have we did have Commissioners that were
paid to serve ---
Ms. Jackson: On Planning and Zoning, that’s correct.
Mr. Fennoy: --- okay, was that the only board?
Ms. Jackson: I would have to verify those numbers before that time. I just sent staff an
email to research that for me but I can speak specifically with the Planning and Zoning. When
Planning and Zoning was not a county or city department the Commissioners were paid to serve
on that board. When they were merged into our organization that is when the payments ceased
from what I’ve been able to gather.
Mr. Fennoy: And that would’ve been when we had the re-org during Fred Russell’s
administration.
Ms. Jackson: Yes, and I asked Mr. MacKenzie to speak specifically to exactly when that
merger took place. Since I wasn’t here, I don’t have the history on that one but if you could give
that one.
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: The ordinance effective date was November 2011. It was actually
passed June 30, 2011
Mr. Mayor: By this body?
Mr. MacKenzie: That’s correct.
Mr. Fennoy: Okay.
Mr. Lockett: Mr. Chair, I’m still waiting on my Point of Personal Privilege.
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Mr. Mayor: Okay, the Chair recognizes the Commissioner from the 5.
Mr. Lockett: I’ll be brief. I want to correct my colleague Commissioner Williams
because he made a statement that is not true. I was elected in 2009. I resigned my position on the
Board of Assessors effective December 31, 2009. I was sworn in as a Commissioner January
2010 and if you could find where I drew a penny from the Assessor’s Office since then please let
me know. Thank you.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 4.
Mr. Sias: Move to accept this as information.
Mr. Fennoy: Second.
Mr. M. Williams votes No.
Motion Passes 9-1.
The Clerk:
ADMINISTRATIVE SERVICES
32. Discuss the hiring/rehiring of an EEO Director. (Requested by Commissioner M.
Williams)
Mr. Mayor: The Chair recognizes Commissioner Marion Williams.
Mr. M. Williams: Thank you, Mr. Mayor. I had this put back on the agenda again to
hopefully get some discussion this time as to where we are with the EEO Director either rehiring
her or hiring someone else. Where we are we’ve still got cases pending, we got people that still
having grievances and I really don’t know, Ms. Jackson, who’s handling that right now but
where are we with that point?
Ms. Jackson: At the time that the former EEO person was terminated, we engaged the
services of Carmen Robinson Alexander. She has been handling those responsibilities for us on
a contract basis since that time.
Mr. M. Williams: Okay, and I guess the information, I guess that that firm is doing is
handling has been I guess duly noted, Mr. Mayor. Throughout this government there are people
who still don’t know who to, who to go to, who to see about filing those cases, handling those
cases. There are seven names that I don’t want to put their names out there but have interest in
that. So I’m trying to figure out when are we going I guess replace that person or get that person
back or do something to have an in house person to do that? Ms. Jackson, I guess me and you
are going to have this conversation. Everybody else got the lockjaws right now.
Ms. Jackson: Per Item 17 on the agenda you all just authorized the creation of an in
office to handle those responsibilities.
Mr. M. Williams: Well, I let that go. I didn’t say anything about that but the way the
wording is that’s a totally different animal from what the Charter calls for us to have. Now you
did send out a chart here that I did get an Option 1 and an Option 2 on. Nobody seemed to worry
about that. It’s this, come from here, right?
Ms. Jackson: Yes.
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Mr. M. Williams: Okay. So we’re going to hire a Compliance Officer and that person’s
going to be in charge of the, I’m waiting on you, Ms. Jackson.
Ms. Jackson: Oh, I just wanted to make sure I understood your question. According to
the proposal we would have a Compliance Director who would have a total of a five person
office handling responsibility for Equal Employment Opportunity, Minority and Small Business
Opportunity as well as Accessibility and ADA issues. As this is intended, that Compliance
Director would serve all the roles and functions of an Equal Opportunity Director. That person
would be hired by you all as the Board of Commissioners and report directly to you all on a
regular basis. That person would handle all complaints, investigations, etc. etc. and report back
to you all as needed regarding any Equal Employment Opportunity matters.
Mr. M. Williams: So that would be Option 1 that you’re talking about, is that right?
Ms. Jackson: That’s Option 1.
Mr. M. Williams: I don’t think and you sit next to the Attorney he might be able to share
with you and help you out with that but I don’t think that’s going to be able to work. I think the
law states a little bit differently about the EEO Director whether it be a Compliance Officer.
Now if you’re going to have and EEO Director and a Compliance Officer under them maybe at
one time but you’re not going to be able to do that, Ms. Jackson, and we spoke about it but I
don’t think the law would allow that. I don’t know but Mr. MacKenzie’s to your right he might
be able to help you out or help me out with that.
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: Sure. Actually this was something that the Administrator and staff
consulted with me on and we actually tracked the language of the Consolidation Act to insure
compliance with that as well as other legal requirements. So the Director of Compliance will be
the Director of all EEO matters and the Director of all DBE matters and that will be compliant
with all of our federal and state requirements.
Mr. M. Williams: Again, I hope you’re right. That’s all I’m going to say; I hope you’re
right. I don’t think the law states that but you’re the Attorney. You get paid to serve on your
board; I don’t get paid to serve on mine.
Mr. Mayor: Madam Administrator, Commissioner Williams had brought this up. We’ve
got Option 1 and Option 2 before us and I did not see this earlier. Is this something that we’ll
give consideration to at a later time?
Ms. Jackson: Quite frankly, sir, in anticipation of questions being asked about the
structure we prepared this. I was frankly anticipating the item might be pulled from the agenda
and this is what our discussion item would be if it were. The intent here Option 1 is what was
proposed in the recommendation that was considered by the committee last week. Option 2 was
prepared in consideration of the fact that I knew Commissioner Williams and perhaps some
others felt strongly about having someone who had the specific title of Equal Employment
33
Opportunity Director. If it is the will of the body to have someone with that title and the
organization Option 2 is a proposed organizational chart for that office. In that event if we’d like
to have an Equal Employment Opportunity Director I would submit that the least confusing way
to structure that would be to have an Equal Employment Opportunity Office headed by that
Director and then the DBE Accessibility and EEO Coordinators would report to that Equal
Employment Opportunity Director. It’s just a matter of what you all want to call that office. As
Attorney MacKenzie has indicated he believes that either one of these structures is consistent
with what the Consolidation Act calls for. It’s just a matter of what language you all are most
comfortable with and what you choose to call that office and its Director.
Mr. Mayor: The Chair recognizes the Commissioner Hasan.
Mr. Hasan: Thank you, Mr. Mayor. Thank you, Ms. Jackson. I’m glad you was able to
you know feel free to give us some leeway. I will feel personally comfortable with it being
called and Office of Compliance and the Equal Opportunity Director being the head of the Office
of Compliance and these other interests come up under because I’m somewhat like
Commissioner Williams being a Compliance Director I think it should be an Office of
Compliance. And then the EEO Director is the head of the Office of Compliance and those other
things falls in line.
Mr. Mayor: I think that complicates it a little bit but we might want to revisit that. All
right, the Chair recognizes Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chairman. My only question is it appears that either one of
these options would require a Charter change if no, for the simple reason is if you look at Option
2 Section 14 (c) it doesn’t say anything about and Accessibility Coordinator. It appears that we
are adding something that wasn’t specified in the Charter. I have no problem with that but I
want to know what would be the proper course of action. Can we just arbitrarily change what’s
in the Charter for our convenience or do we need to go back and revisit this? That’s the question
I’d like to ask the General Counsel if I could.
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: Sure, I’d be happy to address that. The answer to that is you can add
additional duties to a position that is in the Consolidation Act. The actual title of the position is
provided there and that’s includes primarily two functions: EEO and DBE. It does not prevent
you from adding additional duties to the responsibilities of that person to include a closely
related discipline such as ADA Compliance. It would be problem, however, if you tried to do
something different from that such as hire two different people to perform the function that the
Consolidation Act says that a single person should be performing.
Mr. Lockett: Mr. Mayor, follow up, please?
Mr. Mayor: You absolutely may.
34
Mr. Lockett: My concern is not with the number of people or what the people are called;
my concern is what the organization the department or whatever that’s coming under that is
called. If you wanted to put somebody under there under EEO or DBE to do this, you know, to
me it would seem logical. But when you just come out and put a different section under this
particular organization to me you are changing what was in the Charter. Now again this is a
question not really a statement.
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: I can address that. The original Consolidation Act, correct, did not
include any language with relating to an ADA component being included under the
responsibility of the person that the Consolidation Act designates as Equal Opportunity and
Director of Minority and Small Business Opportunities. However, consistent with past practice
and what we do with other departments that are also in the Consolidation Act, it does not act as
anything that would prohibit the Commission from putting additional duties and responsibilities
underneath that person. I do not think that would require an amendment to the Consolidation
Act to add additional duties because this just says you’re going to have this title and it provides
some of the functions but it doesn’t provide a limit that these are the only functions that can be
added to that person’s responsibilities.
Mr. Lockett: Thank you, Mr. Chairman.
Mr. Mayor: Thank you. The Chair recognizes Commissioner M. Williams.
Mr. M. Williams: Mr. Mayor, we had one person to try to handle both of those positions
at one point. I think her name was Ms. Pelaez, Brenda Pelaez was here who tried to be the DBE
and the EEO Director and it was so overwhelming with all of the I guess complaints and jobs she
had to do that she couldn’t do it. So we ended up getting a different person for those positions.
I’ve got no problem with the EEO Director being there and having somebody under them and
that kind of thing if the law permits that but we tried that once before and it was so
overwhelming, so much work to that one person wasn’t able to do it and they ended up giving up
that task so that’s been tried before.
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Mr. Mayor: The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Motion to approve Option 2.
Mr. Hasan: Second.
Mr. Mayor: We have a motion and a second to approve Option 2.
Mr. M. Williams: How are we going to do that, Mr. Mayor? We done passed it on the
consent and you can’t arbitrarily just, that’s all we can do with it.
Mr. Mayor: So let’s back up a minute. Back up a minute let’s take no, no item 17
specifically says motion to approve authorizing the creation of the Director of Compliance
35
position, the Director of Compliance position. The document before us is what should the office
look like.
Mr. Fennoy: One and two, right?
Mr. Mayor: That’s correct and so now again we can say, well, this is part of what we’re
intending in Item 17 and I’m certain we’ll entertain that too. But the specific motion on 17 is to
approve authorizing the creation of a Director of Compliance position in accordance with
Section 14 of the Consolidation Act. That’s what was before us.
Mr. M. Williams: Point of clarity, Mr. Mayor.
Mr. Mayor: State your question.
Mr. M. Williams: Yes, sir, and we should have addressed this with that when it came
through and we did not. And so if there’s no agenda item how can we take this and vote on it? I
mean we can attach this to any of these numbers in this book if that’s the case. Ain’t no way we
can go back now and Ms. Jackson stated she prepared this in case somebody pulled it to have
something and nobody did.
Mr. Mayor: Maybe it shouldn’t have been on the consent agenda.
Mr. M. Williams: Right, it should’ve been pulled. At least somebody would have.
Mr. Mayor: Well ---
Mr. Sias: Mr. Mayor.
Mr. Mayor: All right.
Mr. Lockett: Call for the question.
Mr. Mayor: There is no question. What’s before us is Item 32. There’s a discussion on
receive as information
the EEO Director and the question that can be called is to as what can
happen.
Ms. Davis: So moved.
Mr. Fennoy: Second.
Mr. Mayor: If you’d like for me to, okay, I’ve got a motion to receive ---
Mr. Sias: Second.
rdst
Mr. Mayor: --- as information from the 3 and a second from the 1. There’s where we
are, Ms. Morawski.
36
The Clerk: Yes, sir.
Mr. Mayor: I’ll tell you there are heartburns today, heartburns to deal with.
Mr. Fennoy: May I ask Ms. Jackson a question?
Mr. Mayor: State your question.
Mr. Fennoy: Ms. Jackson, will Option 1 or Option 2 be, come back to us to decide which
one we’re going, which direction we’re going to go as far as?
Ms. Jackson: As I understand it based upon the wording of the motion for Item 17 is was
a motion to authorize the creation of a Director of Compliance position.
Mr. Fennoy: Right.
Ms. Jackson: That is essentially Option 1 that tracks exactly with what the organizational
chart that was presented with the agenda item in committee last week.
Mr. Fennoy: Okay, so now we’re going to have a Compliance Director, Administrative
Assistant, EEO, DBE and Accessibility Coordinators.
Ms. Jackson: That’s what I understand was approved.
Mr. Fennoy: That’s fine. I’m okay with that.
The Clerk: Mr. Williams, were you voting on number 32?
Mr. M. Williams: I’m just present, Nancy.
The Clerk: Present. Okay.
Mr. Williams votes Present.
Motion Passes 9-0-1.
Mr. Mayor: Item number 33, Ms. Morawski.
The Clerk:
ADMINISTRATIVE SERVICES
33. Update of the Disparity Study. (Requested by Commissioner Fennoy)
Mr. Mayor: The Chair recognizes Commissioner Fennoy.
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Mr. Fennoy: Yes, the last time we had an update from Ms. Gentry concerning the
Disparity Study Program I think she was waiting to get a response from Ms. Holt who was out
sick at the time. And I just want to know where we are with the Disparity Study and how far are
we from being able to implement a plan.
Mr. Mayor: The Chair recognizes Madam Administrator.
Ms. Jackson: I have not gotten anything back from Ms. Holt to me personally. I don’t
know if she’s communicated yet with Ms. Gentry or not but I have not seen a report or a
recommendation from Ms. Holt at this time.
Mr. Fennoy: Could I ask Ms. Gentry to address these issues?
Mr. Mayor: The Chair recognizes Ms. Gentry, Office of the DBE.
Ms. Gentry: Good afternoon, Mr. Mayor, members of the Commission. The status with
the Draft Minority Program is as follows. General Counsel had a conference call with Ms. Holt
basically three weeks ago. She requested some additional information we provided her with that
information. I will be having a conference call with her tomorrow to address her final questions
as it relates to the Draft Minority Program. As a result of that conference call she should be, in
her opinion, she should be able to go ahead and submit us with the Draft Minority Program
shortly thereafter so that we can begin reviewing it, looking at it and our next step is to
implement it.
Mr. Fennoy: Is there a timeline for when we will have something that will be presented
before us to approve or disapprove?
Ms. Gentry: Yes, sir, I would say within the next 30 days. And I’m giving myself a
longer timeframe. My objective is to get the actual program back review it and make sure that
based on various Commissioners that I’ve had conversations with a long with the Disparity
Study that was done I want to make sure that it’s in compliance and it’s definitely doable for the
office.
Mr. Fennoy: Thank you.
Mr. M. Williams: Question, Mr. Mayor.
Mr. Mayor: The Chair, Ms. Gentry? The Chair recognizes Commissioner M. Williams.
Mr. M. Williams: Ms. Gentry, when did we do the Disparity Study, do you remember?
Ms. Gentry: The Disparity Study itself was done back in 2008. It was presented to this
body in 2009.
Mr. M. Williams: Can you tell me why it’s taken so long to get just the information?
Can you tell me why we are still gathering information since 2008? Just give it to me I don’t, I
38
need to know because I’m hearing this too many times and all this talk. Why are we still where
we are?
Ms. Gentry: Are you referring to the Draft Minority Program?
Mr. M. Williams: I’m talking about the Disparity Study, the Draft, I’m talking about all
of it, any part of it. I’m talking about why are we still at this juncture and have not done
anything. Mr. Andrew said that if the Commission got serious about it we could have done what
the court wanted us to do without violating anything. So I’m asking you why are we hadn’t got
serious about it or what is it going to take. And that’s what he just said. I spoke for him that’s
what he told me so I’m trying to figure out what do we need to do to get serious about getting
this where it needs to be because it’s back and forth, back and forth and it’s not getting
anywhere.
Ms. Gentry: I’ve waited on the board to give us authorization to move forward with the
Minority Program. I put it together over a year.
Mr. M. Williams: What board, are you talking about the Commission?
Ms. Gentry: Our Commission.
Mr. M. Williams: Okay, I need to know. The Board of Commission need to give you the
authorization to move forward. Is that right?
Ms. Gentry: That’s correct.
Mr. M. Williams: Okay.
Ms. Gentry: You’ll remember when I came before you in 2013 starting January 2013 and
kept coming before you to get authorization. Once I got the authorization to move forward with
it and you are one of the ones who pushed it that we could even develop the Draft Minority
Program. Once I got it developed I met with our General Counsel on several occasions and him
and I went back and forth but right now it’s in the hands of Collette Holt. And I think she’s
going to be able to produce a product that you will be happy with and that this government along
with the city will be happy with implementing.
Mr. M. Williams: Well, why is it that I mean why did we have to bring you to this point,
not just you but anybody, to this point to find out where we should be with something so serious
that we spent $500,000 dollars. That I was sitting in the chamber I wasn’t elected, Mr. Mayor, I
wasn’t on the board I was nonelected at that point. I was a constituency and I was sitting out
there when the report came back that said the City of Augusta discriminating against women and
minorities. So I want to know why we hadn’t moved forward and made some changes because
the way I see it we’re still at the same juncture we was when the Disparity Study was brought
back.
39
Ms. Gentry: Once again, Commissioner, I never had the support or six votes to tell me to
move forward. I cannot move unless I’ve gotten six votes to say move forward.
Mr. M. Williams: Okay, what do you need six votes to tell you now? What six votes do
you need and do they need to tell you?
Ms. Gentry: Once I get the Draft Minority Program back it will be my goal for you all to
give my six votes to say it’s approved, it’s an ordinance, go ahead and implement it.
Mr. M. Williams: Okay, can you speed dial Ms. Holt and get her to respond faster than
she normally would have to get this back on the table so we can hopefully get six votes to give
you whatever you need to get this put in place so we can stop the madness as far as the
discrimination in this community. Thank you, ma’am.
PUBLIC SAFETY
34. Discuss safety in the Municipal Building as it relates to screening anyone entering the
building through the security checkpoint. (Requested by Commissioner Fennoy)
Mr. Mayor: All right, thank you, all right. Ms. Morawski, Item 34 has been removed or
deleted from the agenda. We are now on Item 36.
The Clerk:
OTHER BUSINESS
36. Discuss the big screen monitors outside the Commission Chambers. (Requested by
Commissioner M. Williams)
Mr. M. Williams: Mr. Mayor, I talked to Ms. Jackson about that and I think something
has been addressed as far as the big screen monitors out. I don’t think anybody out there’s
watching cartoons but there’s a lot of laughter, a lot of fun, a lot of popcorn eating, and potato
chips when I think outside. But that’s since been addressed. Hopefully that’s an overflow room
that should be utilized when there is a need to have the overflow. And since I’ve been in this
chamber, this chamber has not been filled up yet. We had a lot of serious issues but this chamber
has not been filled up and I was wondering why all of the savings we’re talking about as far as
energy, the lights come on when you walk in the room, that those monitors was just out there just
going and we’ve got people sitting outside. I was hoping that that it would be addressed in this
meeting that they came for a purpose and we didn’t have to wait for somebody to transport back
in and they was in here. But I think that’s been addressed. If Madam Administrator has any
comments I don’t know but I think that’s why I had this put on the agenda.
Mr. Mayor: Okay, thank you, sir. And Item ---
Mr. Lockett: Mr. Mayor ---
Mr. Guilfoyle: We’re going to have to ---
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Mr. Lockett: --- did we dispose of 33 and are we going to dispose of 36?
Mr. Mayor: Well, we disposed of Item 33. It was simply to provide an update.
Mr. Lockett: Was there, was no vote was necessary?
Mr. Mayor: No vote was necessary.
Mr. Lockett: Okay, thank you.
Mr. Mayor: All right. Item 36 you’re discussing unless you want to say motion to receive
as information you certainly can do that as well.
Mr. Guilfoyle: Motion to receive as information.
Mr. Lockett: Second.
Motion Passes 10-0.
The Clerk:
OTHER BUSINESS
37. Discuss boards and appointments of the Commission. (Requested by Commissioner M.
Williams)
Mr. Mayor: Mr. Williams.
Mr. M. Williams: Thank you, Mr. Mayor. Super District 10 Commissioner asked about
this earlier but I needed to know about those appointments that each Commissioner has that
we’re allowed to appoint to a board. Now I know some of those boards are a unified board I
think the Tax Assessor has three appointments and I believe that there are three for the Super
District 9 and three for Super District 10. Is that right, Nancy, did you know or Ms. Jackson?
The Clerk: There was ---
Mr. M. Williams: The Super District boards ---
The Clerk: --- one of the boards there is I know I want to say, I can’t remember which
one it is The Coliseum Authority or, I can’t remember exactly Tax Assessors maybe.
Mr. M. Williams: --- Tax Assessors Board is what I’m speaking of. We got folks on that
board that have been on that board for 15 or 20 years. As a District 9 Super District
Commissioner if I have three appointments to that board I need to get some clarity as to when
their expiration date is. I’ve been told that one expired one year and another expired another
year. So I’m trying to figure out how does that work because if you’re elected and your term
expires it looked like those positions would expire. Now there’s two Super Districts that are not
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elected at the same time so if Grady’s here next time I may not be or vice versa and there’s
somebody on those boards. But how do those boards get staggered to the fact that one is up in
16 and one is up in 18? I mean I need some clarity to that. Can somebody address that for me?
Mr. Mayor: Well, there is a list that has the date of expiration that’s maintained in the
Clerk of Commission’s Office. And that list has the expiration dates of all current board
members whether it’s the Coliseum Authority, Tax Assessors, Planning, Board of Zoning and
Appeals. So that narrative you already have. What defines who can appoint to those boards in
case of the Coliseum Authority statutorily it was decided in 2010 how those appointments will
be made and what the requirements were. That same holds true from a local standpoint so you
have those documents out there today, Commissioner. Your question I guess specifically
concerning the Tax Assessors Board there is a document that also speaks to the term and the
expiration date of all current members.
Mr. M. Williams: I collected the outstanding job and I thank you, Nancy, for all of the
hard work you do and all the toleration you put up with these other fellows because I don’t do
you much like these others so I appreciate you doing that. But those, that information that the
Mayor talked about in your office it ought to be the same information who gets paid and who
don’t get paid. But it’s not there and everybody seems to think it’s just going to show up by
itself. There ought to be somebody in here to tell somebody that to tell somebody to bring the
information. Now if I could do that trust me I wouldn’t be asking that question today. But since
I don’t have that authority, I’m asking now for whoever’s got those information whether it be the
state legislature whether it be a state statute I need to know what those positions are what
authority I have to appoint or to reappoint. I need to know that so if it’s so convenient, Mr.
Mayor, in the Clerk’s office I would’ve had it now I’m sure. So I’m asking that our Legal
Department who makes the most money I think on his board to get that information and give me
a hard copy of it so I can physically look at so I know exactly what’s what. Even Commissioner
Locket made a point a while ago and I apologize for anything I said or did wrong but the
information I got said you was an ex officio member and it showed you getting paid. Now that’s
the information I had. I’m not going to debate it with you I’m just telling you that’s why I put
that out there because the information I received from the Administrator’s office is where I got
that from said that you was an ex officio member and it showed $675 per meeting. Now whether
that’s true I’m not arguing that point but I need somebody to tell somebody to get the
information that I can have, Mr. Mayor. Nobody might not want to want to but I’d like to have
the information so I know what I’m talking about versus somebody telling me about it expired
this time or that time. I’ve got some real appointments I need to make but I can’t make them
because I don’t know any information.
Mr. Mayor: All right, here’s what we’re going to do. Madam Administrator, here’s what
I’d like to have you do you and your staff I’d like to get a listing of all boards and authorities for
Richmond County. The Clerk has the current list of appointments and the date of expiration of
that appointment to put that information together in a single package for each of the
Commissioners. Included in that if there’s a state statute especially in the case of the Coliseum
Authority include that document in there as well. Okay. All right, the Chair recognizes the
th
Commissioner from the 5.
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Mr. Lockett: Thank you, Mr. Chairman. In reference to the Board of Tax Assessors it’s
good to have people on that board with longevity for the simple reason it is extensive training
that you must undergo in order to get your certification. It’s not just one test there are multiple
exams that you have to take and they’re not true and false or multiple guess. Your first year on
the Tax Assessors Board is merely a learning process. You’re not really effective at all because
of the many tasks that they have to do. And we rely on having competent people there because
they’re the ones that determine when the go to Atlanta once a year that everything is in order so
we can collect taxes and so forth. So it’s very important to have qualified competent people on
that board with longevity. It’s not a typical appointment as to the Library Board and some of the
others. Thank you, Mr. Chairman.
Mr. Mayor: Thank you and we have a fine Tax Assessors Board and a Tax Assessors
Office. They’ve gotten our tax digest to us in record time and I’m quite pleased to be a part of a
government that does it in such a fashion as they do along with our Tax Commission because he
knows how to go and get it once they identify where it’s at. And we appreciate their fine work in
this city.
Mr. M. Williams: Mr. Mayor ---
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Mr. Mayor: Yes, sir, the Chair recognizes the Commissioner from the 9.
Mr. M. Williams: --- I agree with Commissioner Lockett. We were lied to in this
meeting. One of the board members said that that the expertise that Mr. Lockett talked about
was so needed because they set the digest and that’s not true. There’s a young man standing
back there he talked about the Tax Commission sets the digest but if we’ve got people that have
been there for 20 years, how will we ever get anybody else on there? How will we ever get the
training that they need in order to do that if you’ve got the same people that are going to be
there? So I’m, the board is allowed three appointments I believe and I think those appointments
ought to be cross trained I guess is a good word where when other people come that they won’t
have to wait until the last minute because if something happened now and if it was that important
that we had to set the digest, and I think Mr. Kendrick’s back there will tell you he sets the
digest. But we was told they set the digest and they had to be informed and they had to be
educated on it and they had to know what they was doing. That’s certainly not true so I plan to
get that list from Ms. Jackson as soon as she can to make those appointments that I have not
made that’s been there for 15 to 20 years.
Mr. Mayor: All right, are you sure you want to do that?
Mr. Hasan: Yes, sir, I do. I just add some clarity in terms, I mean not clarity but just add
to that.
Mr. Mayor: The Chair recognizes Commissioner Hasan.
Mr. Hasan: You set me up, Mr. Mayor. In terms of also I think one of the major things
and that may be in the information, Mr. Mayor, you made reference to when we have these
consensus appointments those are kinds of things that I think all of us may have a list of the
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appointments to boards that we’re doing some consensus. And that’s what kind of throws me
because this consensus, how do we define this? Sometimes we think as a body we choose the
four or five persons (inaudible) how many board members are on that board but also sometimes
the consensus you refer to by Super Districts. You know the five Super District persons from
each 9 and 10 are quarterly so we need I think we need some direction on that too at the end of
the day because that’s one of the challenges I’m running into.
Mr. Mayor: I can help you with that.
Mr. Hasan: Thank you, sir. I need all the help I can get, Mr. Mayor.
Mr. Hasan: Well, you know you could just defer all of those appointments to the Mayor
and be done with it we wouldn’t have that problem.
Mr. Lockett: So moved.
Mr. Fennoy: Second.
Mr. Mayor: Oh, my goodness isn’t that an amazing thing the Mayor makes no
appointments.
Mr. Sias: Mr. Mayor.
th
Mr. Mayor: All right, the Chair recognizes the distinguished Commissioner from the 4
but before I do that I do want to make mention that a lot of business taken up today you have on
th
your right before you Art the Box Trolley to a Friday June the 5 from 3:00 p.m. to 5:00 p.m.
There’s an amazing amount of work being done here in our city. We want to encourage our
citizens to take advantage of the artwork that’s being done on our traffic signal boxes. I want
you to stop by in and around there. There are about 28 locations across the community right here
at the Haunted Pillar. I didn’t know there was a haunted pillar until a friend from Washington
called me. But there’s a haunted pillar right there on Broad Street right before you get to the
Holiday Inn, wonderful artwork being done on that box along with 27 other locations.
Commissioners, please take advantage of this support the Arts Community in our city. All right,
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I know the Commissioner from the 4 wants to adjourn.
Mr. Sias: Move to accept as information.
Mr. Guilfoyle: Second.
rd
Mr. Mayor: All right, the Commissioner from the 3 while you’re voting has a Point of
Personal Privilege.
Ms. Davis: Thank you, Mr. Mayor. I just wanted to acknowledge that horrendous fire at
Marshal Square in Evans, GA last night. And I know that they incredible efforts from Public
Safety and I think Chief James is back there, I think Richmond County got involved as well to
help relieve some of the firefighters. So just hope we keep them in our thoughts and prayers.
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Mr. Mayor: Thank you.
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Mr. Mayor: The Chair recognizes the Commissioner from the 6 for a Point of Personal
Privilege.
Mr. Hasan: Yes, sir, thank you, Mr. Mayor. Also I don’t want you to slight yourself, Mr.
Mayor, you do have appointments you appoint all the Housing Authority Board so get busy, Mr.
Mayor.
Mr. Mayor: There’s been a lot of business good work today. This meeting is adjourned.
The Clerk: Motion carries 9-0.
[MEETING ADJOURNED]
Nancy Morawski
Deputy Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, herby 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 June
2, 2015.
______________________________
Clerk of Commission
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