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HomeMy WebLinkAbout01-02-1996 Regular Meeting REGULAR MEETING COMMISSION-COUNCIL CHAMBERS January 2, 1996 Augusta-Richmond County Commission-Council convened at 6:00 P. M., Tuesday, January 2, 1996, the Honorable Larry E. Sconyers, Mayor, presiding. PRESENT: Hons. Beard, Bridges, H. Brigham, J. Brigham, Handy, Kuhlke, Mays, Powell, Todd and Zetterberg, members of Augusta-Richmond County Commission-Council. Also present were Lena Bonner, Clerk of Commission-Council; James B. Wall, Interim Augusta-Richmond County Attorney; and Cathy Pirtle, Certified Court Reporter. MAYOR SCONYERS: Good evening, ladies and gentlemen. Thank y'all for being here for the first Regular Called Meeting of the Augusta-Richmond County Commission-Council. Appreciate y'all taking the time to come out to this most historic event. This is the first of a long journey we'll all take together, but it's probably never-ending. Thank you again for being here. We're going to have the invocation by Dr. Timothy L. Owings, Pastor of the First Baptist Church, and if you'll remain standing we'll have the Pledge of Allegiance. REVEREND TIMOTHY L. OWINGS GAVE THE INVOCATION. THE PLEDGE OF ALLEGIANCE WAS RECITED. CLERK: Item 1: Appointment of Interim Augusta-Richmond County Attorney. MR. TODD: Mr. Mayor, may I be recognized? MAYOR SCONYERS: Yes. MR. TODD: Mr. Mayor, I'd like to make a motion that we accept the alternative agenda by unanimous consent and we vote on it, and that's in the form of a motion. MR. HANDY: Second. MAYOR SCONYERS: Do you want to read it back? I didn't catch everything you said, Mr. Todd. MR. TODD: Mr. Mayor, I make a motion that we accept the alternative agenda, the Mayor's agenda, by unanimous consent. MAYOR SCONYERS: Is that the first six items? MR. TODD: Yes, Mr. Mayor. The whole agenda. MAYOR SCONYERS: Everything, all 27 items; is that what you're saying? MR. TODD: Yes, sir. MAYOR SCONYERS: All right. Now, on Item 27 we have to have some discussion about the Project Manager. Are we saying we're going to automatically accept him? MR. H. BRIGHAM: Well, it says discuss, so at least talk about it. MAYOR SCONYERS: Sir? MR. H. BRIGHAM: It says we'll discuss it, so we can just talk about it. We don't have to hire him today, I don't think I said that. MAYOR SCONYERS: Well, I think we need to discuss that. MR. TODD: Well, I can amend my motion, Mr. Mayor, to accept the first six by unanimous consent. MAYOR SCONYERS: Now, that's good. Okay. MR. H. BRIGHAM: All right. I second. MAYOR SCONYERS: Any discussion on that? MOTION CARRIES 10-0. MAYOR SCONYERS: Okay, what we're going to have to do now, ladies and gentlemen, is take a recess so that -- no, I'm sorry. We can't do that because we've got to elect a Mayor Pro Tem. MR. TODD: Mr. Chairman, will the Mayor recognize the Commissioner from the Fourth District? MAYOR SCONYERS: Yes. MR. TODD: Mr. Mayor, I'd like to make a motion that we appoint Mr. Jim Wall as Interim County Attorney. Item 1 on the agenda. MR. J. BRIGHAM: I'll second that, Mr. Chairman. MAYOR SCONYERS: Any other nominations? There being none, Mr. Wall is going to be our -- do we need to vote on that? CLERK: Yes. MAYOR SCONYERS: Let's vote on it. MOTION CARRIES 10-0. MAYOR SCONYERS: Mr. Wall is unanimously elected as our new County Attorney. CLERK: Item 2 -- MR. MAYS: Just a minute, Mr. Chairman, a point of order. I'd like to ask the maker of that motion --I understood what you just said, but was that the Interim County Attorney or was that the County Attorney? I think it needs to be clear what you're voting on. MR. TODD: Interim County Attorney, for clarification, Mr. Mayor. MAYOR SCONYERS: Okay. Item 2, Ms. Bonner? CLERK: Item 2: Appointment of Mayor Pro Tem. MAYOR SCONYERS: Do I hear a motion? MR. H. BRIGHAM: Mr. Mayor, if I'm in order, I'd like to nominate Mr. Freddie Lee Handy as the Mayor Pro Tem. MR. BEARD: I second that. MAYOR SCONYERS: Other nominations? MR. TODD: Mr. Mayor, I move that nominations be closed. MAYOR SCONYERS: Do I hear a second to that? MR. BEARD: I second that. MOTION CARRIES 8-2. MAYOR SCONYERS: Mr. Handy is going to be our new Mayor Pro Tem. MR. POWELL: Mr. Chairman, I'd like to call that we give a vote of confidence and make that unanimous. MR. TODD: Mr. Mayor, I second that motion. MAYOR SCONYERS: Discussion? MOTION CARRIES 10-0. MAYOR SCONYERS: Item 3, Ms. Bonner? CLERK: Recommendation of appointment of Mr. Charles Dillard as Interim Urban Services Administrator. MR. TODD: Mr. Chairman, I so move. MR. HANDY: Second. MAYOR SCONYERS: Discussion? MOTION CARRIES 10-0. CLERK: Item 4: Recommendation of appointment of Ms. Linda Beazley as Interim Suburban Services Administrator. MR. HANDY: So move, Mr. Mayor. MR. TODD: Second. MAYOR SCONYERS: Discussion? MOTION CARRIES 10-0. CLERK: Appointment of Interim Internal Auditor. MR. TODD: Mr. Mayor, I nominate Mr. David Rollins, the former Richmond County Internal Auditor. MR. J. BRIGHAM: Second. MAYOR SCONYERS: Discussion? MOTION CARRIES 10-0. CLERK: Item 6: Appointment of Standing Committees. MAYOR SCONYERS: Ladies and gentlemen, we're going to have to take a recess and the newly elected Vice-Chairman and myself are going to have to go back and put the committees together. We're going to stand in recess for a few minutes. MEETING RECESSED, 6:10 - 6:30 P.M. MAYOR SCONYERS: Ladies and gentlemen, our meeting will come back to order, please. Ms. Bonner, do you want to read the committees to be approved? CLERK: Finance Committee: Jerry Brigham, Chairman; Freddie Handy, Vice-Chairman; Ulmer Bridges; Lee Beard. Administrative Services Committee: Lee Beard, Chairman; Ulmer Bridges, Vice-Chairman; Henry Brigham; J.B. Powell. Public Services Committee: Willie Mays, Chairman; Bill Kuhlke, Vice-Chairman; Robert Zetterberg; Moses Todd. Engineering Services Committee: J.B. Powell, Chairman; Moses Todd, Vice- Chairman; Freddie Handy; Jerry Brigham. Public Safety and Information Committee: Henry Brigham, Chairman; Robert Zetterberg, Vice- Chairman; Bill Kuhlke; Willie Mays. MAYOR SCONYERS: What's your pleasure, gentlemen? MR. POWELL: Move for approval. MR. J. BRIGHAM: Second. MAYOR SCONYERS: Discussion? MOTION CARRIES 10-0. CLERK: At the request of Commissioner Mays, Item 7 was taken off the agenda. Item 8 is the Delegation: Ms. Elizabeth L. Zboran, North Forest Park Subdivision. MS. ZBORAN: Hello, Mr. Chairman and members of the committee. My name is Elizabeth Zboran and I currently own the house and property at 2424 Castlewood Drive. I have previously come before the County Commission on two other occasions with the same concern about the water drainage problems we have around my piece of property and the two pieces of property that are on either side of mine, addresses being 2422 Castlewood Drive and 2426 Castlewood Drive. I came to the County Commission in November of '92 when we had a severe storm and my house and the houses on either side of me flooded because the county-maintained runoff ditch that is behind these above-stated houses could not hold the amount of water that came through it and the retaining wall, which was also built by the County in 1990 after the Hugo flood, broke. I had to again come before the Commission in August of '93 because the wall had not been rebuilt and the ditch had still not been taken care of. Mr. Don Grantham stated at that committee meeting on August the 10th, 1993, that there is not enough sufficient number of employees at Roads and Bridges to handle all of the cleaning and maintenance that is needed in Richmond County. Mr. Grantham said that there are approximately 120 retention ponds alone in Richmond County that need to be maintained. Well, my property sits in a flood zone on Castlewood Drive. All of the property on Castlewood Drive sits in this same flood zone and, unfortunately, every time we have a water problem, be it man-made or God-made, these three houses flood. I have pictures here that I would like you gentlemen to all just take a glance at. You can look on the back of the picture as to what the picture is stating towards. I also have a map that I got from the deeds commission of the lots, my lot being Number 54, the lots adjoining me being 53 and 55; and a crudely drawn sketch behind these lots of how the drainage -- three drainage ditches: one coming from Eisenhower, one coming from Springwood, and one coming from the lower Forest Park Road area, how they drain into this one single ditch behind our house; and the three small culvert holes that go under Castlewood Drive that are there to take all of the water that comes through at any one point in time, be it from rain or from, like on December the 15th of this year -- excuse me, this past year, a 42-inch water main that ruptured up on Forest Park Drive. My house and the two on either side of it all flooded. The wall broke again. There is a problem here, and when I came in '93 -- I'll pass this around, y'all can go ahead and start looking at it. When I came in '93 I informed you gentlemen that if the water came again I would see a -- I would consult an attorney for an inverse condemnation suit. Legally the County is required -- the ditches there is the County's responsibility to keep it cleaned, which you can tell by these pictures it has not been maintained. It is their responsibility to keep the water from coming across my property, and if you cannot keep the water from coming across my property, you have basically condemned my property. Two years ago I refinanced this piece of property. I bought it in '91, I refinanced it in 1993, and it was appraised for $71,000. I would like for the County to consider cutting me a check for $71,000 and you can make this piece of property a park, you can make it a sidewalk, you can make it a fish pond, I don't care. But I talked to Ms. Linda Beazley on the 18th after the flood of the 15th, and she stated that -- her quoted words on here were that these houses should have never been built in the first place. Gentlemen, she is correct. The County gave permission for these three houses which are in this flood zone -- my house sits four inches below -- the slab of my house is four inches below flood level. The slab of the house at 2226 [sic], who is owned by Ms. Mary Parham, sits 18 inches below flood level; and the slab of the house at 22 -- or, excuse me, 2422, who is owned by Mr. Jack Sellers, sits 36 inches below the flood level. Every time we have a problem, gentlemen, these are the only three houses that flood, and y'all can't keep the -- evidently the wall can't -- the wall is not doing it, you know. I mean, I've had this house on the market for eight and a half months now. I just lost $8,000 worth of carpeting, all brand new wallpaper and everything. And I have to disclose to potential buyers, gentlemen, that this house has flooded three times in five years: '90, '92, and '95. And I would just like to poll you gentlemen: Would any of you buy it if you knew that it had flooded three times? It's in a flood zone. I have flood insurance; I pay $500 a year for flood insurance. I mean, do you think people are going to buy a piece of property - - would you buy a piece of property knowing it had flooded three times in five years? And I'm supposed to tell them. They're supposed to feel better, like I was told, that the County has built this wall back here -- and this was the flood of 1990 -- and there won't be anymore problems. Well, unfortunately, I was told at the time that the house was not in a flood zone and found out when it flooded in '92 that it was. But that is another story. The County, you know, needs to do something about this house, gentlemen. I have discussed it with a lawyer. I have also talked to an engineer who I have asked his services to come in and do a survey for me, a complete study on the drainage problems in this area. I talked to an engineer here in Augusta -- the engineer that I have gotten his services for is not from Augusta. I have talked to an engineer, a very well-known engineer in this town, whose name will remain untold for legal purposes, but he informed me that an intensive study has been done on this property and short of building a dike around my property, the water will continue to come. There's a problem here, guys, and I would like for it to be taken care of. Y'all can discuss this amongst you. I would like an answer. I mean, I can't sell it. I've got the next -- you know, Ms. Beazley told me that, you know, she had given Roads and Bridges permission to rebuild the wall again. The engineer who built it back in '93 did an excellent job. His part of the wall didn't break, it was the prison- built wall that broke again this time. Well, they didn't build the whole wall last time; they should have rebuilt the entire wall. So I'm supposed to wait another two years, pay $650 a month on mortgage payments on a house that I cannot sell. I don't feel comfortable renting it to anybody because they, too, will flood when the waters come. So y'all can discuss this. You can see -- many of you have seen me in '92, many of you saw me in '93, and I would like for y'all to just take this under your belts, under your hats, whatever, and decide what you're going to do about it because I would like to hear from you in 30 days -- within the next 30 days or in a general area. Because I will have this -- I am having this survey study done; I'm also having my property appraised as it sits right now in this flood zone as to how much it's worth right now and how much it would be worth if my same house sat one street over, not in a flood zone and not sitting four inches below flood level. I will return with litigation and a lawyer if I have to, gentlemen, and I would like for you to see it my way and think about purchasing this piece of property from me for the fact that you can't keep the water from coming across it. And if you can't, I will let you know right now that I will be back for double what the property is worth, for pain and suffering, pain in the tail, whatever, you know, everything that I've had to go through, you know. I mean, I'm sitting here on a house that, you know, is -- you know, looks -- right now is nothing but a concrete slab and a shell. I appreciate it. Thank you. MAYOR SCONYERS: What's your pleasure, gentlemen? MR. TODD: Mr. Mayor, I'd like to make a motion that we accept it as information, and also incorporate in that motion that we let our County Engineer or Engineering Services look at it and assess it and the County Attorney to look at it as far as whose responsibility as far as liability of the December 15th incident, which was a 42-inch water main, I think, that broke. And that's in the form of a motion. MR. HANDY: I second that, Mr. Mayor. MAYOR SCONYERS: Further discussion? MOTION CARRIES 10-0. CLERK: Item 9: Consider approval of proposal from Penco regarding insurance for the Consolidated Government of Augusta-Richmond County and Augusta-Richmond County Commission-Council. MAYOR SCONYERS: Mr. Etheridge, do you want to approach that for us, please? MR. ETHERIDGE: I will try to. What this is, and I only read this this afternoon, but this is for excess liability coverage. We have had this thing bound for 30 days -- 10 days so that y'all could review it. I'm of the opinion that we -- my recommendation would be that we bind this thing for another 60 days until we can look at this and make sure that this is what we actually need in the way of excess loss. And it will also give us an opportunity to bid this thing out, to give more people an opportunity to bid on this, because this has been a very quick situation, putting this thing -- putting the specifications and the bid together. MR. WALL: May I comment and clarify -- add to what he said? This was put out in early December, and the City carrier and the County carrier combined and made this joint proposal, and that is the only proposal that came in. They were due on the 27th of December, so that is the only proposal. And I agree with Mr. Etheridge that if it's bound for an additional 60 days, that we probably can get more companies to bid on it. Now, when I spoke with you, Mr. Mayor, on Friday, I guess it was, and we made the decision to bind it for 10 days, we bound four coverages, one of which included the employee benefit liability coverage. And I have, I think, furnished everyone today a breakdown of the various coverages, which would be the general liability and law enforcement and automobile liability as well as the umbrella, so that you can pick and choose. And we did not have that information when I spoke with you Friday. And I think that, in talking with John earlier, it's those three coverages that we're recommending be bound for an additional 60 days. I don't feel like that we need the employee benefit liability coverage. I mean, basically that says if we don't pay a health insurance claim or something like that, and I just don't think the premium justifies -- MR. ETHERIDGE: We already have excessive loss insurance through our third-party administrator, and unless I'm mistaken, so would the former City side of the insurance, too. So, you know, I don't see a need in having that. MAYOR SCONYERS: What's your pleasure, gentlemen? MR. KUHLKE: Mr. Chairman, I'd like to move that we accept the recommendation of Mr. Etheridge. MR. HANDY: Second. MAYOR SCONYERS: Discussion? MOTION CARRIES 10-0. CLERK: Consider approval of Third-Party Administrator Service Agreement between Hilb, Rogal & Hamilton Company of Savannah, Inc. and Augusta-Richmond County Commission-Council regarding Worker's Compensation Self-Insurance Program. (Risk Management) MR. ETHERIDGE: Gentlemen, this here is the third-party administration contract for our workers' compensation coverage. This has to be approved by the new governing body. For those of you who have sat on the Commission, I got y'all to do this in December, but I had to come back to get y'all to approve this also. But this is a must. MAYOR SCONYERS: What's your pleasure, gentlemen? MR. H. BRIGHAM: Move for approval, Mr. Mayor. MAYOR SCONYERS: Do we have a second? MR. J. BRIGHAM: I'll second that. MAYOR SCONYERS: Any discussion? MOTION CARRIES 10-0. CLERK: Consider approval of Personal Services Contract with Steve Reed as Claims Adjustor/ Investigator. (Risk Management) MR. ETHERIDGE: This is just as it says, it is a contract with Mr. Steve Reed for services for our Risk Management area as a claims adjustor/investigator. We had a contract drawn up, and I think you have it before you, and this is a six-month contract. This will give us an opportunity to go through the transitional time and see what type of claims we are actually having, primarily from the City side. MAYOR SCONYERS: What's your pleasure, gentlemen? MR. TODD: Mr. Chairman, I so move to get it on the floor for discussion -- Mr. Mayor, excuse me. MR. KUHLKE: I'll second it, Mr. Chairman. MAYOR SCONYERS: Discussion? MR. TODD: Yes. I guess my question would be, who do this now for the suburban government? MR. ETHERIDGE: Our Risk Management area -- Ron Crowden does this for us currently, and with this additional workload there's just no way that he can handle that. Mr. Reed was already contracted with the City at the time. Due to the additional workload, we need this individual to be there. He's right now currently tied up with that big water line break that occurred back in, when, November? December? MR. TODD: Mr. Mayor, I don't have a problem with extending his contract for six months or whatever for him to finish up the work that he's currently doing. I think that we have enough employees, that in certain areas we need to take on some additional work where we're outsourcing in the past, where it's feasible; and if it's not feasible to do it ourselves, then we need to outsource the entire investigative work as far as Risk Management go. And I think that it's something we need to look at, and that's just my thoughts on it. I'm prepared to vote with the majority, I guess. MAYOR SCONYERS: Further discussion? MOTION CARRIES 10-0. CLERK: Consider request from Georgia Department of Transportation regarding participation from Richmond County on additional work to Windsor Spring Road, Section I Project, Capital Project Budget #51-8610-187. MR. MURPHY: We've received a request from the Georgia DOT to expand the construction along Richmond Hill Road to improve the drainage and extend the curb and gutter slightly. Our participation would be $9,287.40 out of about $14,000 worth of construction. We recommend approval. MR. TODD: Mr. Mayor, I so move. MR. HANDY: Second. MAYOR SCONYERS: Discussion? MOTION CARRIES 10-0. CLERK: Consider approval of Utility Relocation Agreement with WorldCom Network Services, Inc., and funding, regarding Bobby Jones Expressway Project, Capital Project Budget #51-8155-247. MR. MURPHY: As you know, the Georgia DOT has under contract now all of the bridges on the Bobby Jones Expressway through Phinizy Swamp, but in the course of the preliminary investigation another cable along a bridge spanning a railroad was found. It belongs to WorldCom, it used to be Willtell, and it has to be removed. And under the local government project agreement, it's incumbent on us to fund that. The preliminary cost is $25,000. We recommend approval, with the funds coming within the project budget. MR. HANDY: Move for approval, Mr. Mayor. MR. H. BRIGHAM: Second. MAYOR SCONYERS: Discussion? MR. TODD: Yes, Mr. Mayor. I'd like to know the -- what is the amount of the relocation? MR. MURPHY: $25,000. MAYOR SCONYERS: Further discussion? MOTION CARRIES 10-0. CLERK: Consider approval of Capital Project Budget #55-8707-095 Amendment #2, with funding, and Change Order #2 from Beam's Pavement Maintenance Company, Inc. regarding Pine Log Road Drainage Improvements Project. MR. MURPHY: We put together four problems that need to be corrected around the County area, and we've connected them to the Pine Log Road project with Beam's Pavement Company. You remember we constructed some triple culverts near Ingleside Drive on Rae's Creek, and there's a retaining wall up there and we're losing the fines out from behind the wall, through the pipe coming out from behind the wall. And that Avondale project up there, we have -- in the course of construction we killed some trees up there and we left the drainage problem in Coach Vanover's yard. We'd like to correct that. Walton Way, there are five trees at Tripps Court that are leaning over Walton Way and over the power line. And we're whacking on this particular area out here, and I don't think we're going to get all the trees, but these are the ones that we felt like were most imminent. They need to come down. And the fourth thing is that we need a catwalk built out into the pond in the Cannon Gate area so we can control the level of the pond and get some better storage out of the pond. And we recommend approval of this. MR. POWELL: So move. MAYOR SCONYERS: Do I hear a second to Mr. Powell's motion? MR. TODD: I'm going to second it to get it on the floor for discussion. MAYOR SCONYERS: Discussion? MR. TODD: Yes, Mr. Mayor. I know this is unrelated projects when we're talking about a change order, and I'm concerned whether there was any effort to go out for proposals on the emergency situation; and if so, was the change order lower than the proposals? MR. MURPHY: We did not go out for proposals. We only had two contractors that have work with us right now, Beam's and Mabus, and Mabus has got the larger Turpin Hill project. And we felt like that we had a little bit of money left in the Pine Log Road, and we transferred the additional funds that we needed out of the County Forces to get it done quicker. MAYOR SCONYERS: Further discussion? MOTION CARRIES 10-0. CLERK: Consider approval of Capital Project Budget #55-8597-096, with funding, and engineering proposal from James G. Swift & Associates regarding Rocky Creek Study. MR. MURPHY: Before I address this particular item, I'd like to give you an update on the Hyde Park drainage improvements project. We had delivered today to our office the first cut of preliminary design plans on curing the flooding in Hyde Park. And, of course, this is in the Rocky Creek area also. As soon as we get through reviewing the plans, return them back to the consulting engineer for corrections, we'll be coming back and asking for right-of-way funds to acquire easements and the necessary right-of-way to move on with the project. This particular item right here, you remember you asked Public Works to obtain a proposal from James Swift to study the five flooded areas along Rocky Creek. We've gotten that proposal from him now, and it is for $64,500, and the funds will come from Phase II recapture. It will address Hollywood, Richmond Hill Road, Bungalow Road and Southgate, Wimberly Drive, Lakeside or Fish Village, and Charlestowne South Apartments off of Lumpkin Road, and we recommend approval. MR. HANDY: Move for approval, Mr. Mayor. MR. H. BRIGHAM: Second. MAYOR SCONYERS: Discussion? MR. TODD: Yes, Mr. Chairman. I appreciate Mr. Murphy's update on Hyde Park. I had called Public Works when I got a copy of the agenda in reference to that issue, and it seems to me that there is a couple of the -- I know all of them have flood problems, but there is a couple that's been added since we've been working with Hyde Park over the last -- Virginia Subdivision -- over the last three years. And I certainly commend you for what you've accomplished there already, but I think that we've got to get Hyde Park up to speed with the rest of Rocky Creek. It do no good -- actually, it have a greater negative impact on Hyde Park to correct problems upstream where you're going to throw water on them, you know, and I think that we've got to do it all, you know, at one time, and hopefully we'll catch up there. MAYOR SCONYERS: Further discussion? MOTION CARRIES 10-0. CLERK: Ratify approval of emergency repairs to Mark's Church Road Bridge at Rae's Creek, with funding, and approve invoice from Mabus Brothers, Inc. MR. MURPHY: You remember on the recommendation of the Georgia DOT we had to close the bridge at Mark's Church Road, and we had Mabus Brothers come in there and do an emergency repair. And we're through with that and it's open, of course, and the final bill is $6,238, the funds to come from County Forces Drainage Phase II. MR. TODD: Mr. Mayor, I so move. MR. H. BRIGHAM: Second. MAYOR SCONYERS: Discussion? MOTION CARRIES 10-0. CLERK: Consider request to award bid regarding 11th and 12th Street Lighting Project, with cost for project to be charged to Community Development Fund (Project Reference: 86-040(P)2). (Traffic Engineering) MR. GOINS: This is an ongoing project that we have. The material we're recommending is the low bid on all the items: 60 poles, 60 fixtures, and 60 lamps. MR. TODD: Mr. Chairman, I so move. MR. H. BRIGHAM: Second. MAYOR SCONYERS: Discussion? MOTION CARRIES 10-0. CLERK: Consider request regarding contractual services for Combined Sewer Overflow Projects (CSO's). MR. GOINS: We're recommending the contract be -- or an extension of a contract that the City currently has with Raytheon Engineers, be extended to cover the combined sewer overflows that we have. There are a total of seven projects, with one project that's ongoing now, a total of eight projects that Raytheon will be performing the engineering inspection and the progress management of these projects. The projects total about $12.5 million. MR. POWELL: Move for approval. MR. TODD: Second. MAYOR SCONYERS: Discussion? MOTION CARRIES 10-0. CLERK: Consider approval of Option for Right-of-Way on property owned by Ted Russell and Frances C. Russell, Tap Map 167, Parcels 12 and 13 of the Boykin Road Drainage Improvements Project. MR. WALL: Mr. Mayor, this is a recommendation from Public Works to accept a negotiated settlement of $2,000 for these easements. It's approximately $580 more than the appraised amount, but from an economical standpoint and because of the situation, it's recommended for approval. MR. POWELL: So move. MR. TODD: Second. MAYOR SCONYERS: Discussion? MR. TODD: Yes, Mr. Mayor. What percentage are we over the normal? I understand that it's the most feasible way to do it. MR. WALL: It's close to 50 percent over. MR. TODD: Okay. Court costs, Mr. Mayor, I guess -- MR. WALL: 40 percent. 40 percent over. MR. TODD: Court costs would cost us a lot more than that to condemn. MR. WALL: Absolutely. MAYOR SCONYERS: Further discussion? MOTION CARRIES 10-0. CLERK: Consider approval of Option for Right-of-Way on property owned by Jack W. Rountree, Tax Map 18-3, Parcel 13 (Project Parcel 26) of the Rae's Creek Channel Improvements, Phase II Project. MR. WALL: This is at appraised value, and recommend approval. MR. HANDY: Mr. Mayor, so move for approval. MR. J. BRIGHAM: Second. MAYOR SCONYERS: Discussion? MOTION CARRIES 10-0. CLERK: Consider approval of Option for Right-of-Way on property owned by Phyllis Dorothy Ball Abele, Tax Map 17-3, Parcel 7 (Project Parcel 51) of the Rae's Creek Channel Improvements, Phase II Project. MR. WALL: Again, this is at appraised value, and recommend approval. MR. TODD: So move. MR. HANDY: Second that. MAYOR SCONYERS: Discussion? MOTION CARRIES 10-0. CLERK: Consider approval of waiver of City taxes for 1993 and 1994 on County-owned property at 2719 1/2 Royal Street (Map 33-2, Parcel 109). MR. WALL: This is property that the County acquired. In view of consolidation, I felt it appropriate to put on the agenda to consider waiving because you're paying from one pocket to the other pocket, and recommend approval of the waiver. MR. TODD: So move. MR. HANDY: Second. MAYOR SCONYERS: Discussion? MOTION CARRIES 10-0. CLERK: Consider approval of Resolution designating check signers, check co-signers and alternates in connection with all Community Development activities. (Community Development) MR. PATTY: Gentlemen, we've got a lot of projects going on right now: housing rehabilitation, sidewalk construction, facade restoration, things like that, from previous years community development block grant funds. And those can only continue if you designate check signers, and we would like for you to designate a chairman and a co-chairman. We didn't know what sort of committee structure you were going to come up with, and -- CLERK: That came under Administrative Services. Community Development came under Administrative Services. MR. PATTY: I don't care who it is, I just need somebody that can sign some checks on a committee. MR. HANDY: Mr. Mayor, I would like to make a motion that Administrative Services, along with yourself, be eligible to sign checks. Be fine with me. MR. TODD: Mr. Mayor, I second that motion to get it on the floor, and I have a couple of questions. MAYOR SCONYERS: Discussion? MR. TODD: Yes. My question, I guess, would be, one, do this go through the Accounting process and Finance process as far as where the keepers of the funds, et cetera, or is this a separate fund out from Finance and Accounting process? MR. PATTY: It has been a separate fund, and until you reorganize, I would think it would continue. MR. TODD: Yes. Is there anything in the regulations as far as the federal grants that call for it to be a separate -- I know it can't go into General Fund, it's got to be a separate -- MR. PATTY: It can't be mingled, of course. MR. TODD: It can't be mingled, but the responsibility still could be with the Finance Department and the Accounting Department, and that would not affect the signatures. MR. PATTY: No, it could be done that way. MR. TODD: Okay. Would the maker of the motion accept an amendment that all funds be channeled through the Finance and the Accounting Departments? I think that's the appropriate way to keep up with funding of any source. MR. HANDY: I accept that. MAYOR SCONYERS: Further discussion? MR. POWELL: Mr. Mayor, my question is: How has it been done in the past, George? MR. PATTY: It's been a separate -- the books have been kept completely separate. At one time the City tried to do it that way, and the regulations and bureaucracy are so great with these federal funds that they basically gave it back to us and told us to use our own people. I'm not suggesting that's a bad idea. I think it needs to be explored, but it may not turn out being as good as it sounds, but it definitely needs to be explored. MR. TODD: Mr. Mayor, I guess my question would be, if there is a problem because of not having the proper process, who is responsible as far as those funds go? Is it the individuals that sign the checks or is it the entire board of trustees for this consolidated government? MR. PATTY: You're going to have to ask your attorney that one. MR. WALL: It would be the Commission-Council as a whole. MR. TODD: I think what we're looking for is accountability. I think that's what we promised the taxpayers and voters of this county. And I call for the question, Mr. Chairman. MAYOR SCONYERS: Mr. Beard had his hand up, Mr. Todd. MR. BEARD: Mr. Mayor, it appears to me that what Mr. Patty is asking for right now is check signers because of the ongoing projects. I think the thing that we are trying to work out, and Mr. Todd may be referring to, that we are going -- a lot of things will be revamped, but right now you need somebody to -- so the projects can be ongoing and take care of those projects. And I think with the different committees, they will be able to work with that and do what Mr. Todd is asking for, but I think the immediate process now is to get someone to sign the checks. And in the revamping or whatever sources that we want it to go into in the future, it can be channeled into that. I have no problem, Mr. Todd, with it going through the Finance Committee, because I think you're right in that, but I think he needs some immediate relief right now. MR. PATTY: Yeah. We've got small contractors out there, housing construction, facade, that need to be paid, you know, this week. I mean, I don't disagree with what Mr. Todd is saying, but I don't want to do anything to slow down that process. These are previous years funds, by the way. I might have mentioned that. These are '93, '94, and '95 funds that are already committed to projects, and most of them are under contract. MR. TODD: Mr. Mayor, I'm sure that Accounting and Finance will fully cooperate with the individuals that need to pay accounts payable, and I'm in no way looking for a block or a mechanism that would slow down the process. I'm looking for accountability, and I think we can have both, we can have the accountability and we can have the bills paid at the same time. MR. KUHLKE: Mr. Patty, how are these funds audited? MR. PATTY: They're audited under a single audit act by the -- MR. KUHLKE: Do they come under the County Comptroller's office from an auditing standpoint? MR. PATTY: There is a single audit, and that's done in conformance with federal regulations. And I guess the County will do it, I don't know, out of the Comptroller's office. MR. WALL: They would be audited as part of the overall funds of the government. MAYOR SCONYERS: Further discussion? Do y'all need the motion read back, gentlemen, so you know what you're voting on or is everybody comfortable with it? MR. J. BRIGHAM: Mr. Chairman, I want to make a substitute motion. I want to make a motion authorizing Mr. Beard as Chairman of Administrative and community block grants to sign checks and Mr. Bridges to be the alternative to that. MR. POWELL: Second. MAYOR SCONYERS: Discussion? We're going to vote on the substitute motion first. MOTION CARRIES 8-2. CLERK: Ratify approval of contract with Augusta-Richmond County Coliseum Authority for use of Bell Auditorium on December 31, 1995 regarding Swearing-In Ceremony for Elected Officials of new consolidated government. MR. TODD: So move. MR. HANDY: Second, Mr. Mayor. MAYOR SCONYERS: Further discussion? MOTION CARRIES 10-0. CLERK: Consider request from Environmental Engineer to accept proposal of Conestoga-Rovers regarding bioremediation of Shop II area to provide necessary information to Southeastern Technology Center. (Landfill) MR. LEIPER: This item would provide some drilling and laboratory analytical services in providing Southeastern Technology Center information to design a bioremediation system out at Shop II, and I recommend acceptance of the proposal from Conestoga-Rovers. MR. TODD: Mr. Mayor, I so move. MR. HANDY: Second. MAYOR SCONYERS: Discussion? MR. TODD: Yes, Mr. Mayor. I'd like to point out this may be a significant savings to the County if the technology they're going to introduce works. I think that we had some proposals earlier on, anywhere from 130,000 to 200,000 dollars, to do the same thing that they're going to do with us spending 10,000. MAYOR SCONYERS: Further discussion? MOTION CARRIES 10-0. CLERK: Consider request to seek written quotes for materials to replace flooring at Julian Smith Barbecue Pit Dining Hall. MR. BOYLES: Gentlemen, we had put in the 1995 County budget, I think it was $15,000 to redo the floor. The bid came in at 38. Central Services has looked at that job today and they're saying that they can do that job for us for $7,500. The problem would be -- we could close that building down for the entire month of January, no rentals, so that we could do this job. My recommendation would be to let them do it. The problem would be that since it's over $5,000 we would have to have sealed bids. If we could do it with written quotes handled by the Purchasing Department for the Central Services Department to do it, we could save probably $7,000 just on material cost alone. The County would do the labor. All other work that Central Services has done for us has been way above the standard. There would be no problem with them doing it. The problem that we do have is the time involved, because we do have rentals that start back up there the second week in February. My recommendation to you would be to allow the Purchasing Department to go out on written quotes for bids instead of using the sealed bill process for this one time. MAYOR SCONYERS: What's your pleasure, gentlemen? MR. MAYS: I move it be approved in order to get it on the floor. MR. J. BRIGHAM: Second. MAYOR SCONYERS: Discussion? MR. MAYS: Yes, Mr. Mayor. The only thing I wanted to ask Mr. Boyles, in that particular area -- and I think we pretty much have agreed, as far as our rentals, that that's your most widely used area whether it's going into the Casino or going into the Pit. MR. BOYLES: That's correct. MR. MAYS: Is there anything that you need to bring before us at this time in terms of additional quotes in that same area where they're going to be working that we need to go ahead on and send out to deal with those quotes? Because if they're going to be working floor-wise in that area and we've got some other outdated things in that same area where the work is going to have to be done, do we need to go ahead on and at least ask for permission to get those quotes now so that we can at least have the numbers? Whether the work is done or not, that'll be a battle I can take up at another time, but I think if we need to get it done, there's no need of paving a road and going back and having to tear it up again. That's the only thing I wanted to put on there. If we got that, we need to do all of it at one time. MR. BOYLES: In our one-cent sales tax program that we had put into effect for 1996, the Julian Smith Casino and the Barbecue Pit, the funds were voted to be in there to air condition those facilities. We had planned to change out the air conditioning system as it exists. And if you've been in there for functions, you know they're loud and you can't hear. We want to change those out. It would seem to me to be an ideal time to use some of those one-cent sales tax funds, as we have already given to our Comptroller, to go ahead and do that at one time while they've got the floor in a repairable condition, to go ahead and reinstall those. Those present units are earmarked to go to the Sheriff's Department for his summer camp. And, also, we may get a cheaper bid by going ahead and bidding out the air conditioning for the Julian Smith Casino, because when we replaced the roof on it last October we took out the exhaust fans in that building with the knowledge that we would be using the one-cent sales tax to come back and air condition it. I think we might --the main thing now would be to go ahead and do the two projects together, I think. We probably could save some --it's like, I guess, somebody mentioned paving a road, then going back and cutting it to run a water line under it. So if they could be done together, Commissioner Mays, I think that would probably answer your question, I think. MR. TODD: Mr. Mayor, I guess my question would be, where is the other funds coming from when we're talking about the floor and the 7,000 approximately there? MR. BOYLES: That was allocated in the 1995 budget. It was opened for bid last Thursday, knowing that we had set aside the month of January, which is normally a slow month for us up there, to go ahead and do that work. But that money was already allocated. It is in -- it's a carry-over now because of the calendar change, but that money was already allocated, Commissioner Todd. MR. TODD: My concern, Mr. Mayor, is when we start talking about spending one-penny tax and we have a schedule that I think we agreed on and we put on a referendum, that we not get ahead of ourselves and spend money we don't have unless we're going to find a mechanism to transfer some funds with the intent of transferring those funds back to the General Fund or the Recreation budget or wherever. I know the law say you can't go out and borrow money, then pass a one- cent sales tax --one-penny sales tax to pay it back, but I don't think it say that we can't transfer funds and transfer it back at a later date, you know, going by the quarters that the funds would come in for Recreation. I would be willing to support an amendment of such, you know, if we're going to spend money that we know that we're transferring and we're not spending money we don't have, that we have a mechanism of transferring back or paying for it. MR. POWELL: Mr. Mayor, my question, we started out here and we were going to replace the flooring at the Julian Smith Barbecue Pit and, I mean, we keep going and going and going. I mean, we're going to have to have a stopping point here. But for my own information, Mr. Mays, in your original suggestion were you talking about problems that were incurred as they were -- if they ran into some problems while taking the floor up or are you talking about just going ahead and adding the air conditioning or what? I'd just like a point of clarification because, you know, if we're going to do the air conditioning and all -- or are we just going to do the floors like is on the agenda? That's my question. MR. MAYS: If I might, Mr. Mayor. Let me clear up two things, J.B, I think one part that Moses brought up and one part you brought up. Before even getting any one-penny sales tax money, I think if some of you will reflect back, on the County side, prior to the end of the year when we talked about some other repairs, there should be -- without transferring or even looking at getting it out of one-penny sales tax, there should be some existing funds that are left there in Recreation's normal maintenance budget that have not been used. My only reason for saying come out now and get the quotes on it -- I mean, if it's sky high, then we don't have to do it. But my history with dealing with Julian Smith and with other recreational projects is that we've done some of them so piecemeal until we had to do part of it, go back and then tear up half of what we're going to do in order to get the rest of it straight. And sometimes you can save money if you've got expansive work to do rather than going back into a roof or a new one that you put on and then go back three months later and put in air conditioning ducts. The same thing applies with the time frame. That is a unique situation in that you cannot shut down Julian Smith very often. It's booked all the time, whether it's Pit or whether it's Casino. And that was the only reason I asked him if he had some things he could get some quotes on for us, not to slow down the floor work, but that if we had some existing money in Rec's budget we would not even have to deal with one-cent. And one of the reasons I held back when we were talking about air conditioning and some other projects, that we knew that that one we could not shut down as well as we could a regular gymnasium to do some work or some other buildings. So there should be still some money there that we don't have to look at transferring from any other place, we ought to have some money of our own. Whether it's enough or not, I'm not sure, but there should be some money there in existing Rec maintenance in order to do it with because we held back on some things that we said we were going to do. So I think that can solve both of the problems. We don't have to borrow anything from anybody, we just need to look at what we've got already sitting there. MR. BOYLES: I think he's right. And I mentioned the one-cent sales tax project because it was earmarked and it was in the allocation for the one-cent sales tax projects for Recreation Services. MR. POWELL: My problem with the one-cent sales tax money was we don't really start collecting that money until March, if I'm not mistaken, and that's going to put you way over January when you're trying to close. MR. MAYS: It wasn't to come out -- no intentions from this Commissioner for it to come out of any one-cent or to borrow any. And that was why, as chairman, that I made a point of holding back when we were going to do some other projects out of that existing money that we had left over, that we were to hold back because I knew Julian Smith was going to be coming in the first of the year regardless of who the new governing body was going to be. It's used more than any other place centrally located in this town, and you can't shut it down long. MR. POWELL: Is this your slowest month, Tommy? MR. BOYLES: January will be our slowest month up there, with the exception of the Casino in the summertime. You can't pay anybody to use it in the summertime because of the heat. MR. MAYS: And that's one I'm going to be worrying y'all about real soon, too. MR. KUHLKE: Mr. Chairman, I wanted to ask Tommy, in air conditioning the Casino up there, would you run the duct work underneath the floor or would you run exposed duct work? How is that planned to be done? MR. BOYLES: I think the Barbecue Pit called for the ducts to come from the floor. MR. KUHLKE: Is there access under the floor without having -- MR. BOYLES: Yes, sir, they can go under the floor. Because there was a facility under the floor, the main floor, at one time many, many years ago. MR. KUHLKE: But, I mean, you have access under the floor; even if you put your new floor in, you can come back and cut your diffusers in and so forth? MR. BOYLES: I would think so, yes, sir. I think you could that, it's just -- MR. KUHLKE: So it's not anything that if you put down a floor you got to tear it up to get your duct work in? MR. BOYLES: No, sir, probably only to cut -- you know, to saw the holes for the ducts, I would think. The air conditioning for the Casino would go overhead. It would have to because of the design of that building. MAYOR SCONYERS: Further discussion? MR J. BRIGHAM: Could you restate the motion, Mr. Chairman? MAYOR SCONYERS: Could you restate the motion for us, please, ma'am. [OFF THE RECORD MOMENTARILY.] MR. MAYS: The motion was to simply allow the -- instead of having sealed bills, to seek written quotes under the emergency procedure to replace the floor at the Julian Smith Barbecue Pit Dining Hall. MR. BOYLES: Through the Purchasing Department. MR. MAYS: Through the Purchasing Department. MAYOR SCONYERS: Does everybody understand what we're voting on? MOTION CARRIES 10-0. CLERK: Discussion of Project Manager. MAYOR SCONYERS: Gentlemen, we've all met the Project Manager that we brought in. We've got information back on him. Mr. William Carstarphen. Does anybody have any questions about him? If not, I would entertain a motion that we accept Mr. Carstarphen as our Project Manager. MR. POWELL: So move. MR. J. BRIGHAM: Second. MAYOR SCONYERS: Discussion? MR. POWELL: And approve the contract, Mr. Chairman. MAYOR SCONYERS: Okay. Is that all right with the maker of the second? MR. J. BRIGHAM: Yes. MAYOR SCONYERS: Any discussion? MOTION CARRIES 10-0. MAYOR SCONYERS: Earlier when we got all mixed up trying to appoint all the people and get to the committee assignments we overlooked something, and Ms. Bonner -- do you have that over there that you can read it, Ms. Bonner, please? CLERK: Yes. That respective City and County Attorneys continue their present responsibilities as related to City and County government until those matters have been cleared up. MAYOR SCONYERS: In other words, whatever the ongoing litigation is, we want to make sure that that's finished. MR. KUHLKE: Mr. Chairman, what are we talking about here? MAYOR SCONYERS: Whatever litigation is in place now. MR. KUHLKE: Right. Is that going to be under the direction of the Interim County Attorney? MAYOR SCONYERS: I'm just going by the recommendation that the Task Force gave us, that whatever litigation was going on, we needed to make sure that it was completed till it was ended. MR. TODD: Mr. Chairman, I will so move, with the lead attorney being the Interim County Attorney. MR. KUHLKE: And I'll second. MAYOR SCONYERS: Any discussion? MOTION CARRIES 10-0. MAYOR SCONYERS: There being no further business, this meeting is adjourned. MEETING ADJOURNED AT 7:29 P.M. Lena J. Bonner Clerk of Commission-Council CERTIFICATION: I, Lena J. Bonner, Clerk of Commission-Council, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of Augusta- Richmond County Commission-Council held on January 2, 1996. ____________________________ Clerk of Commission-Council C E R T I F I C A T E G E O R G I A RICHMOND COUNTY I, Cathy T. Pirtle, Certified Court Reporter, hereby certify that I reported the foregoing meeting of the Augusta-Richmond County Commission- Council and supervised a true, accurate, and complete transcript of the proceedings as contained in the foregoing pages 1 through 55. I further certify that I am not a party to, related to, nor interested in the event or outcome of such proceedings. Witness my hand and official seal this 9th day of January 1996. ______________________________ CATHY T. PIRTLE, B-1763 CERTIFIED COURT REPORTER