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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. 1 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 th 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. rd 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. th 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? 2 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 th 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. th 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 3 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 4 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 th 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) 5 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 ; 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 th 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. th 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? 6 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. 7 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. 8 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) th 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. 9 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) rd 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. 10 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. nd 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. th 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. 11 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. th 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 12 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. th 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. 13 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. th 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. 14 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. st 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. 15 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 16 35. Approve proposed Amendment to Stormwater Ordinance. (Referred by Engineering Services Committee May 26, 2015 to the full Commission) th 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 th 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 st 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 st 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? 17 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 th. 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. 18 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) th 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 th 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 19 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. 20 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. st 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. th 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. th 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? rd 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 th 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 th 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 th 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. 22 Motion Fails 3-7. Mr. Mayor: Okay, now before us the main motion. Mr. Guilfoyle: Mr. Mayor. th 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. th 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 th 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. th 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 st the Chair is going to recognize the Commissioner from the 1 and then I’m going to come back th 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 th 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 th Commissioner from the 9. 24 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. 25 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. th 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. th 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. 28 nd 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 th 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 th 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. st 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. th 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. 31 th 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. 32 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. st 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. 37 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 --- 40 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 41 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. 42 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 --- th 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 43 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, th 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. 44 Mr. Mayor: Thank you. th 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 45