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HomeMy WebLinkAboutCalled Commission Meeting August 18, 2020 CALLED MEETING VIRTUAL/TELECONFERENCE August 18, 2020 Augusta Richmond County Commission convened at 12:30 p.m., Tuesday, August 18, 2020, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. Williams, Garrett, Sias, Fennoy, Frantom, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Mr. Mayor: We’re going to call the August 18 meeting to order. The Chair recognizes Attorney Brown. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: Good afternoon, Mayor and Commission. A motion to go into executive session for the purpose of discussing security matters, pending or potential litigation, and personnel. Mr. D. Williams: So move. Mr. B. Williams: Second. Mr. M. Williams: And real estate? Mr. Brown: No, sir. nd Mr. Mayor: No real estate today, sir. Madam Clerk, that’s the commissioner from the 2 th with a motion and commissioner from the 5 with a second. Ms. Davis, Mr. Frantom and Mr. Garrett out. Motion carries 7-0. \[EXECUTIVE SESSION\] The Mayor called the meeting back to order. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Brown: We request a motion to execute the closed meeting affidavit. Mr. Frantom: So move. 1 Mr. M. Williams: Second. Mr. Mayor: All right, the Mayor Pro Tem with the motion and the commissioner from the th 9 with the second. Mr. Fennoy, Mr. Hasan and Mr. D. Williams out. Motion carries 7-0. Mr. Mayor: All right, Attorney Brown. Mr. Brown: Mr. Mayor, we request a motion to authorize an annual salary of $160,000 for Jarvis Sims as Interim Administrator commencing August 22, 2020 and to approve and authorize the payment of the sum of $23,882.02 to Jarvis Sims in correction of his salary as Interim Administrator covering the pay periods commencing April 16, 2019 through the end of the pay period beginning August 8, 2020. Mr. M. Williams: So move. Mr. Clarke: Second. Mr. Mayor: All right, Madam Clerk, we’ve got a motion from the commissioner from the thth 9 with a second from the 10. Motion carries 10-0. Mr. Mayor: Mr. Brown. Mr. Brown: Mr. Mayor, a motion to approve the appointing and hiring of Allen Saxon as Interim Director of Augusta Utilities Department at an annual salary of $118,179.68. As is the custom, Mr. Mayor, we have since found out that Mr. Wiedmeier was assigned a car and did not receive a car allowance so this will be the extent of the motion. Ms. Davis: So move. Mr. Frantom: Second. rd Mr. Mayor: Madam Clerk, motion from the commissioner from the 3, the second from the Mayor Pro Tem. Motion carries 10-0. Mr. Mayor: Attorney Brown. Mr. Brown: Motion to approve the hiring of Cedric Taylor in the position of Deputy Warden – Security at RCCI with an annual salary of $81,922.80. 2 Mr. Hasan: So move. Mr. Clarke: Second. th Mr. Mayor: Madam Clerk, motion from the commissioner from the 6 with a second from th the 10. Motion carries 10-0. Mr. Mayor: Attorney Brown. Mr. Brown: Mr. Mayor, motion to approve the hiring of Timothy Parsons in the position of Project Engineer Land Development at an annual salary of $80,000 and to further approve the hiring of Moe Mahgoub in the position of Project Engineer Infrastructure with an annual salary of $80,000. Mr. Hasan: So move. Mr. M. Williams: Second. th Mr. Mayor: Madam Clerk, motion from the commissioner from the 6, second from the th 9. Motion carries 10-0. Mr. Mayor: Attorney Brown. Mr. Brown: Mr. Mayor, motion to approve and to enter EPD consent order regarding Richmond County Deans Bridge Road Phase 2C Landfill. Mr. Garrett: So move. Ms. Davis. Second. thrd Mr. Mayor: Madam Clerk, motion from the 8, the second from the 3. Mr. M. Williams: What are we approving, Mr. Mayor? What’s the motion? Mr. Mayor: this is the consent order and the amount that already has been agreed upon was the $3,000, this is item (inaudible), okay? This is essentially what the Commission approved previously. Mr. M. Williams: Okay. Motion carries 10-0. 3 Mr. Mayor: Mr. Brown. Mr. Brown: Mr. Mayor, motion to authorize Augusta’s Mayor and Administrator to continue and renew security system coverage for the proposed premium. Mr. Hasan: So move. Mr. D. Williams: Second. thnd Mr. Mayor: Madam Clerk, motion from the 6, second from the 2. Motion carries 10-0. th Mr. Mayor: Commissioner from the 8. Mr. Garrett: Yes, sir. I’d like to make a motion to approve updating and revising Augusta’s Solid Waste Management Plan with the inclusion of Dixon Airline Recycling and Disposal LLC C & D Landfill in addition to the Augusta’s Landfill and to task Environmental Services Department to bring back to the Commission such Solid Waste Management Plan revision within 60 days or as permitted by law. Mr. Clarke: Second. Mr. M. Williams: Question, Mr. Mayor. Mr. Mayor: All right, I’m coming to you. Madam Clerk, you’ve got a motion from the ththth 8, a second from the 10. All right, commissioner from the 9, state your inquiry. Mr. M. Williams: I make a substitute motion that we deny the Airline Dixon Road, Airline Dixon Landfill to pursue any other venture with this solid waste plan that we have in Augusta. We have been through that. We can’t put a plan together and add them in that plan. That would be unlawful and I can’t speak for the attorney but maybe he can speak to that. We can put another plan together but we can’t add them in. Mr. Mayor: Commissioner, what’s your substitute motion, sir? Clarify that for me. Mr. M. Williams: My substitute motion is to deny the Solid Waste Plan that they did not meet that – Mr. Sias: Letter of consistency. Mr. M. Williams: Right, I’m sorry, letter of consistency, deny the letter of consistency. They didn’t meet the Solid Waste Plan. Mr. Hasan: Second. 4 th Mr. Mayor: We’ve got a motion from the commissioner from the 9 to deny the letter of consistency from Dixon Airline Recycling and Disposal LLC and a second from the commissioner th from the 6. Mr. Clarke, Ms. Davis, Mr. Frantom, Mr. Garrett, Mr. B. Williams and Mr. D. Williams vote No. Motion fails 4-6. Mr. Mayor: Madam Clerk, back to the previous motion. Mr. M. Williams: I need to get clarification from the attorney, Mr. Mayor. You can’t add a company in and – Mr. Hasan: And revise our plan. Mr. M. Williams: Yeah, revise our plan and add and come in. That’s ludicrous, that’s crazy. So I need to hear from the attorney. Is that legal? We can go ahead and vote. I’m not going to support it but we can go ahead and vote if that’s legal. Mr. Mayor: All right, just hold on a minute if you will but thank you very much. Attorney Brown. Mr. Brown: Yes. A governing body can revise this plan at any time. In revising this plan it can eliminate landfills or add landfills. A public entity can have both private and public landfills as a part of their plan but it takes a majority of the governing body to do so. Mr. M. Williams: Okay, my question to you, Mr. Attorney, is that if Augusta needed a landfill and this body requested an additional landfill, that means to revise it, to add in another but since we do not need one, is that legal? Mr. Brown: What you’re saying is correct but it’s up to the governing body to determine if it needs one. Mr. M. Williams: I get that and our Landfill Director hadn’t brought us to that point to say if we needed one. We paid a group to come in to qualify our landfill who said that we didn’t need one so I’m asking is it legal for us to vote on that even though we’ve got a right to do it, your advice is what we’re asking for. Mr. Brown: My advice is that as the application that Dixon Airline Recycling and Disposal have to have a landfill with our current plan I believe as Geosyntec has reported that it is inconsistent and I would request that the Commission not grant them one on the current landfill. However, the motion to revise the plan and to add a private airline is legal but it’s up to the Commission to decide if it wants to add a landfill. It can if it desires to do so. It would be bad for Augusta legally speaking in terms of running our landfill if we approve them without changing our plans. If you are going to change your plan, that would have to be a decision of the Commission. 5 Mr. Mayor: Which is what’s before you now, why don’t we just vote on it, Commissioner – Mr. M. Williams: No, I need an answer, now, we ain’t just going to vote on it. I need to get an answer. What would that do for any other landfill if we don’t consider anybody else and we just gave it to one. There’s other landfills around this area that we’ll be setting ourselves up and this is strictly to the attorney, we’ll be setting ourselves up for another lawsuit or not? Mr. Brown: No, the city has the prerogative to decide how many landfills it wants. If it adds two more, if it adds one more, if it stays the way it is and not add any. Mr. Sias: Mr. Mayor, can I get one clarification? Mr. Mayor: Yes, sir. th Mr. Sias: I just want to ask the commissioner from the 6 was his motion to add a landfill or to add a company into our landfill plan? Mr. Mayor: No, let’s back up. I think you’re directing that to the commissioner from the th 8. Would you like for him to restate that? th Mr. Sias: I’m sorry, the 8, I apologize. I just want to be clear. th Mr. Mayor: Commissioner from the 8 please restate your motion. Mr. Garrett: Yes, sir. Motion to approve updating and revising the Augusta Solid Waste Management Plan with the inclusion of the Dixon Airline Recycling and Disposal LLC C and D Landfill in addition to the Augusta’s Landfill and to task Environmental Services Department to bring back to the Commission such solid waste management plan revision within 60 days or as permitted by law. Mr. Sias: So we’re actually including another landfill and a private company. Okay, got it. Thank you. th Mr. Mayor: Commissioner from the 6, you have a question? Mr. Hasan: Attorney Brown, Mr. Mayor. Mr. Brown: Yes, sir. Mr. Hasan: We can draw, a company can draw our plan because that’s what the motion is saying if I’m not mistaken. He said to revise the plan and to include Dixie Airline, to include them in our plan. Mr. Brown: Yes, you could do that but the plan would have to come back to you for approval. You can’t revise the plan and approve the plan with this vote. It simply is a vote to task 6 the Environmental Services Department to revise the plan but it would still come back to you for a vote to make sure that it meets regulations and makes sense to you. Mr. Hasan: Okay, all right. Mr. Mayor: All right, Madam Clerk, voting. Mr. Fennoy, Mr. Hasan and Mr. M. Williams vote No. Mr. Sias abstains. Motion carries 6-3-1. Mr. Mayor: Attorney Brown, we’ve got one final matter and that is the matter of Alveno Ross. Mr. Brown: Motion to approve a 5% salary increase for Alveno Ross commencing July 26, 2020. Mr. Hasan: So move. Mr. B. Williams: Second. thth Mr. Mayor: All right, Madam Clerk, motion from the 6, second from the 5. Voting. Motion carries 10-0. Mr. Mayor: Madam Clerk, Attorney Brown, I believe that’s all the business that’s before us in executive session at this point. I believe we are prepared to go into an Administrative Services matter involving a protest. Mr. Sias: That’s correct. \[MEETING ADJOURNED\] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, do hereby certify that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on August 18, 2020. ______________________________ Clerk of Commission 7 8