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HomeMy WebLinkAbout09-02-1997 Regular Meeting REGULAR MEETING COMMISSION CHAMBERS September 2, 1997 The Augusta Commission convened at 2:05 p.m., Tuesday, September 2, 1997, the Honorable Larry E. Sconyers, Mayor, presiding. PRESENT: Hons. Beard, Bridges, H. Brigham, J. Brigham, Handy, Kuhlke, Mays, Powell, Todd, and Zetterberg, members of the Augusta Commission. Also present were Ms. Bonner, Clerk of Commission; Mr. Oliver, Administrator; and Mr, Wall, County Attorney. THE INVOCATION WAS GIVEN BY THE REVEREND LARRY HUDSON. THE PLEDGE ALLEGIANCE WAS RECITED. MAYOR SCONYERS: Do we have any additions or deletions to the agenda? CLERK: Yes, sir. We have one addendum to add to the agenda, and that is to proclaim the week of September 8 as International Literacy Week in Georgia. MR. BEARD: I so move we add it to the agenda. MR. H. BRIGHAM: Second. MAYOR SCONYERS: All in favor of Mr. Beard's motion, let it be known by raising your hand, please. MR. HANDY, MR. MAYS & MR. ZETTERBERG NOT PRESENT. MOTION CARRIES 7-0. MR. KUHLKE: I move we approve it. MR. H. BRIGHAM: Second. MAYOR SCONYERS: All in favor of Mr. Kuhlke's motion, let it be known by raising your hand, please. MR. HANDY, MR. MAYS & MR. ZETTERBERG NOT PRESENT. MOTION CARRIES 7-0. MAYOR SCONYERS: We would like to recognize two students from the Canary Islands who are attending Augusta Tech: Julia Romero Marquez and Veronica Ramirez Hermoso. MR. ELAM: About three months ago we were approached by the Mayor to see if we could develop a proposal for an exchange program with the Spanish government, for an exchange program in culinary arts and hotel and beverage management. These two young ladies are our first two students--if they'll come on up--who are involved in this. There will be further developments relating to travel to the Canary Islands and students coming here. I will tell you that we'll have two or three of our students from Augusta traveling to the Canary Islands for six months starting in January, and what a wonderful place to do your practicum and get some hands-on experience. They're a little shy. MAYOR SCONYERS PRESENTS STUDENTS WITH HONORARY CITIZENSHIP RECOGNITIONS. CLERK: Item 41 is reconsideration of denial of request from Mr. William O. Key, Jr., Attorney at Law, who represents Mr. Myong Tul Chu and Bi-Rite Convenience Store, 1680 Brown Road, in connection with the application for a retail package sales beer and wine license denied by the Public Services Committee on July 28th and the full Commission on August 5th. MR. KEY: I'm Billy Key. This is my client, Myong Chu. He runs the convenience store at the intersection of Old Waynesboro Road and Brown Road. He currently runs that convenience store, he currently has a beer and wine license. He's had the license for nine years and there have been no violations in connection with that license while he's been the owner of that store whatsoever. He's a responsible member of that neighborhood community and he has actually supported the church with monetary donations, the Pine Hill Baptist Church, the one that is opposing this beer and wine license today. Now, he currently has a beer and wine license, and he's applying for a new beer and wine license just simply across the street. This is not a liquor license, it's just the same old beer and wine license that he already has. He had a store on one corner, he's just trying to move his store. He's already bought the property, gotten the property zoned for a convenience store, and built a very nice convenience store at the intersection of Old Waynesboro Road and Brown Road, and he's just simply applied for a new beer and wine license for the new store because he's always had a beer and wine license in the old store. This new store is in excess of 500 feet from the new store to the Pine Hill Baptist Church's property line, and the new store clearly meets the regulations that are now in place, and the new store probably meets the new regulations that y'all are possibly considering for new beer and wine licenses. But this store is a considerable distance from the Pine Hill Baptist Church. Now, the first issue is, if y'all grant him a beer and wine license, what is he going to do with the old license? And Mr. Chu is willing to make his termination of his old license as a contingency to your approval of his new license. So we're only looking for one beer and wine license at that intersection. We're not looking for two beer and wine licenses, we're just looking for one beer and wine license that has always been there, it just simply moves across the street. Now, we are aware of the fact that the Pine Hill Baptist Church objects to the sale of beer and wine and objects to the approval of this license. Now, I would suggest that the church objects to the sale of beer and wine anywhere in this county, on this intersection but also anywhere in this county. And we respect the church's position on that fact, but we also think that the church respects Mr. Chu as a businessman in the community. The only disagreement is they just oppose the sale and probably consumption of beer and wine. There's no further negative impact that the grant or the approval of this beer and wine license to Mr. Chu will have on the neighborhood because there has been a beer and wine license in that neighborhood for 21 years. Mr. Chu has actually had the license for nine of those 21 years. So there's no additional negative impact that you would see in this particular neighborhood. Now, the Commission has considered a previous application for a beer and wine license at another location and has set a precedent on this matter. On May 6th of 1997 the Commission approved a beer and wine license for John Bodie & Son's, Inc., down at the corner of 13th Street and Broad Street. The store was only 377 feet from Curtis Baptist Church and School. Curtis Baptist Church was vehemently opposed to the grant of this beer and wine license and yet the Commission approved that beer and wine license, and we're just simply asking the Commission to treat Mr. Chu the same way that y'all have treated Mr. Bodie in the past. Thank you. MR. SMITH: Mr. Mayor and Commissioners, thank you for the opportunity to stand before you and to ask you to reject this petition. I'm Jimmy Smith at 1332 Brown Road, Hephzibah address, and we have 579 signatures on a petition here that's available for anybody who would like to see it. Our concern is a community thing. It's a residential area and it's one of the fastest growing in Richmond County. In our neighborhood, as you know, there is a elementary school at the Goshen entrance; a new high school is scheduled to be built, this fall sometime to start; the Pine Hill Baptist Church is very close to this, and Liberty Methodist Church also and the Second Ebinezer Baptist Church all in this community where Brown Road crosses Old Waynesboro Road, this community. Our neighborhood lies between two main arteries, state routes, Highway 56 and Highway 25, and Waynesboro Road runs parallel through there. So we know and know that you know that there are beer and wine stores all up and down both of those highways, almost every convenience store, so there is plenty of that available, including hard liquor if that's what you want. Now, we have no personal vendetta against Mr. Chu or Mr. Key. We realize that it's dollars to Mr. Chu, but it's a lot more than that to us. It's about our neighborhood, it's about our families, it's about our children, it's about our grand-children, it's about our schools and our houses of worship, which means an awful lot to us. Last week I spent the entire week in the city of St. Louis at a Weed and Seed convention with 900 other delegates from around the country concerning neighborhoods being disrupted by alcohol and drugs. From the main speaker, who was Attorney General Janet Reno, to Congressman Gephart, to some of the mayors from some of the larger cities in this country, as well as police chiefs, the main theme there was: Don't let it happen. Do not let this take your neighborhood. Prevention was the key word. Stop it before it starts. Alcohol and drugs we know breeds crime, and it seems that one follows the other wherever it's at. And we also know that alcohol may well be the number one killer of our young people right now in accidents. The other word that really stuck in my mind at this meeting was partnership. They stressed the fact that residents should come to these meetings of our local elected officials, law enforcement, and we need to communicate and talk and come to the table and see what our concerns are and discuss them. And, honestly, we have sat on our duffs too long as it is, and now we're trying to take our neighborhoods back. We are taxpayers. We cannot continue to build jails and hire deputies or law enforcement to combat this crime. We'll soon be taxed out of our homes and our businesses and everything else we've got. So on behalf of the Pine Hill Community, we respectfully request that you would deny this petition, and I thank you. MAYOR SCONYERS: Mr. Smith, do you have some supporters with you? [32 SUPPORTERS NOTED] I didn't want to call them objectors, I wanted to call them supporters. MR. SMITH: Thank you very much. MR. TODD: I guess my question would be to Mr. Wall. Is this the hearing that -- okay, I see reconsideration. This is the hearing? MR. WALL: Correct. MR. KEY: Mr. Mayor, I just have one more point. We likewise have a petition, a list of supporters who would like for Mr. Chu to get a beer and wine license, and we also have a few supporters. Now, it's tough to get somebody to come down and support a business, but we do have a few supporters who are here in support of Mr. Chu as well. MR. WALL: Mr. Key, insofar as the existing convenience store, I assume that it will be sold once he relocates across the road, or is it going to be demolished? MR. KEY: No, he has a lease that's valid until November of 1998. He will continue to make his payments under that lease to avoid any further competition with his store. But as far as this license goes, he's willing to terminate the license he has on his old store if you approve the new license on his new store. And then if anybody comes up for a new license, that would be before the Commission again, but there will be no request for a new license until after November of 1998 because he intends to continue to lease the present property until that time. MR. BRIDGES: I make a motion we uphold the previous decision of the Commission and deny this petition. MR. POWELL: Second. MR. TODD: Mr. Mayor, I would assume that the motion to uphold the previous decision is based on the fact that it would have a negative impact on the community? MR. BRIDGES: That's correct. MR. WALL: As well as I assume the number in that vicinity -- number of locations and the fact that there would potentially be two locations if this one were approved? MR. BRIDGES: That's correct. MR. TODD: The Commission can use its discretion, and it's my understanding that even though I voted against the Curtis Baptist Church situation -- it's my understanding even if I voted for the Curtis Baptist Church, that it was my discretion; and if I vote for this, that's my discretion, or vote against it, it's my discretion. One is -- no tie one to the other? MR. WALL: No, sir, there is not. There are additional considerations, and under those additional considerations each location must stand on its own. And one of those is the location for which the license is sought as to traffic congestion, the general character of the neighborhood, and the effect such establishment would have on adjacent and surround-ing property values; and then, additionally, the number of licenses in the trading area, which are the two that I think come into play here. MAYOR SCONYERS: All in favor of Mr. Bridges' motion, let it be known by raising your hand, please. MOTION CARRIES 9-0. [MR. ZETTERBERG NOT PRESENT] MAYOR SCONYERS: Ladies and gentlemen, today we have with us our new Public Works Director, Mr. Jonathan Adams. John, if you would stand up, let the public get a chance to see you and welcome you to our community. MR. ADAMS: It's an honor and pleasure to be here, Mr. Mayor. Thank you very much. CLERK: Under the Finance portion of our agenda, Items 1 through 9 were approved by the Finance Committee on August 25th, 1997. [Item 1: Motion to authorize settlement of case of Archer v. The Augusta-Richmond County Commission and Richmond County for payment of $15,000. Item 2: Motion to approve list of insolvent accounts totaling $2,468.55. Item 3: Motion to approve refund of 1994 taxes in the amount of $207.41 for payment in error of business taxes. Item 4: Motion to approve refund of 1996 taxes in the amount of $394.25 to Caterpillar Financial Services for overpayment of taxes on Account No. 1268342. Item 5: Motion to approve request to procure two Compact Extended Cab Pickup Trucks at a total cost of $30,000 for the Solid Waste Department Inspectors. Item 6: Motion to approve a request to procure two 4x4 Utility Vehicles at a total cost of $15,000 for use by the Solid Waste Department. Item 7: Motion to approve Statement of Investment Policy Objectives and Guidelines to make investment policy consistent between plans. Item 8: Motion to approve refund of 1995 taxes in the amount of $1,770.33 for overpayment of taxes on subject account. Refund will be applied to outstanding 1996 taxes. Item 9: Motion to deny a request for $25,000 from the Better Business Bureau.] MR. J. BRIGHAM: Mr. Mayor, I move these as a consent agenda. MR. BEARD: Mr. Mayor, I second the motion. MAYOR SCONYERS: All in favor of Mr. Brigham's motion, let it be known by raising your hand, please. MOTION CARRIES 9-0. [MR. ZETTERBERG NOT PRESENT] MR. WALL: What about 10? You went 1 through 9. CLERK: It should have been 1 through 10. [Item 10: Motion to approve implementing a hiring freeze effective immediately for all departments and Constitutional Officers, except Public Safety, and to include temporary employees and employees of temporary agencies funded by the General Fund.] MR. POWELL: Move we approve Number 10. MR. KUHLKE: Second. MR. HANDY: I'd like to offer a substitute motion to table this until we have our retreat this weekend so we can discuss it more and get some more information about this. We are having a retreat and I don't think it will hurt if we discuss it. And all of us will be able to discuss not only this particular item, some more items that are going to effect all of us in the future. MR. MAYS: I'll second the substitute motion. MR. POWELL: Mr. Chairman, I'll withdraw my motion. MR. TODD: I guess my concerns or my question would be I received probably a dozen hiring notices in the mail over the last several weeks, and I think there is some posted today, and certainly I would hope those that are posted today [inaudible] that citizens was putting in applications for -- applicants, I should say, because they may not be citizens of Richmond County necessarily [inaudible]. I think that we probably need to sit down and discuss the impact that this is going to have as far as department heads, or we need to at least hear from the Administrator on what kind of impact this is going to have on the ability for a department head to carry out the day-to-day function to put a freeze on, and at what point we lift the freeze as far as if it have a negative impact on a department. If they have several folks to leave one department, do we have a plan to do lateral transfers, to transfer from one department to another, or are we just going to have a hard freeze on immediately and keep it on? So, Mr. Mayor, I'd like to hear from the Administrator on how this is to work, and what percentage can the average department stand to be cut through attrition if we're not hiring, and at what point would we address the issue if we run into a problem with the ability of the department to function. MR. OLIVER: To answer the first part of that, Commissioner Todd, what has been done to this point is upon hiring of the 68 new deputies I felt that it was only prudent for all the requests for positions come through my office. Since that date the only ones that I have signed to this point are ones that revolve around public safety or enterprise funds. Clearly there will be circumstances where we will have no choice but to ultimately fill those positions. My goal and objective is to try to minimize the impact on people's life by trying to keep these positions vacant if at all possible if we believe that there is the possibility that a position is going to be eliminated. It's clearly far better to -- easier and better to eliminate a position that is unoccupied. I have no difficulty waiting until the retreat is done. The requests that I've got--I mean, we're only talking a couple of days--I would continue to hold until that point in time. What I've indicated and the one area that -- I have had a discussion with Mr. Beck in Parks and Rec and he's indicated that he will come back to me with a plan as to how we can achieve the desired cuts within that area. And once we can get, you know, what we believe is a workable budget that we're going to be able to present to you, then I think we could, you know, come forward with selective filling of positions in order to do that. But, again, my objective is to keep -- to minimize the impact upon people, people's lives, and this government. MR. KUHLKE: Mr. Wall, since Mr. Powell withdrew his primary motion, is it in order to make a substitute motion? MR. WALL: Yes. You only have one motion on the floor now, which is the substitute, which becomes the main motion. MR. KUHLKE: I'd like to offer a motion that we immediately implement the hiring freeze. MR. BRIDGES: I'll second it. MR. MAYS: I think all of us, Mr. Mayor, Commissioners, Administrator, everybody wants to do what's right in this situation, want to do what's fair and what's best for the taxpayers of this community. I supported Mr. Handy's substitute motion, which is the primary motion on the floor now, and I still do. In fact, I've got a service on a relative in church right now that I left, but I felt it important enough to come back particularly for this item because we're going to have a retreat to sit down not only and talk about whether we will have a hiring freeze or not, but what agencies outside the city that we may have to cut, what things in normal budget operations and the percentage of those that we have to do. Then I think that's the time that we should do that, I think, where we can lay everything out on the table, even though that's not a formal meeting and a vote cannot be taken. I think it's important that we don't get a negative spin on this thing about where we are going with employees, and I think that's started already whether it was intentional or not. And I think if you're going to talk about what we are going to be trimming back, then let's lay everything out like a buffet and let's pick and choose and let's decide. But I think when you do this, I think you still have a safeguard by waiting. As the Administrator has said, very few have come across his desk. He still has the power in which to tell that department head what he can't do at that point in terms of hiring. It's not as though some folk are going to slip through and that you're going to get it done. But some of us have been down the barrel of this gun before. We've looked it in the face. I did in 1990, Henry did too, when we didn't have any money. Do you remember, Mr. Brigham? MR. H. BRIGHAM: Yes. MR. MAYS: 1990 flood that followed it. And we made it, we were not in these dire straits. But we sat down, we asked employees simply--just like Mr. Oliver has said about Rec and Parks--to come in and to get their own numbers down. We came in in Rec and Parks with higher figures of cuts than we were even asked to do. I think we've got that opportunity with our people if we will allow them to do that rather than us getting into this scare tactic type thing in terms of saying this freeze, and then you get folk looking at each other not knowing who's going to be on the hit list as our former sister government in the city did a few years ago. And I think to lay everything out, do it at the retreat, come back, get into the budget process, that's the proper time to lay everything down and then decide not only with hiring freezes but then what we may have to do in terms of cutting back other monies. And I think there is a process that we should follow in doing that, and I don't think the world will turn upside down in the next couple of weeks before we do that. We still have a check-and-balance system that will not be hurt. The Administrator still has that power and we still will be able to do it, and I hope that we will support the motion that's on the floor first. MR. KUHLKE: Mr. Mayor, I would just like to say this. Mr. Mays makes a nice talk. Two weeks ago six Commissioners voted to give the Sheriff what he asked for, and I think during those debates it was said that we will find the money. It's now time to start finding the money and this is the first step. So, you know, if you want to waffle on what you said two weeks ago, you can do that, but now we'd better start. We've got to pay the piper. MR. MAYS: Mr. Mayor, if I might respond since I'm in there personally. It's not a matter of waffling, Mr. Kuhlke. I believe that was a president of your party that said to read my lips. I still say there are some sacred cows out there that have to be cut, but there is a process in which you do it and there's a prudent way and a sensible way in which you do it. I don't think you take negative spins with folks' lives, and I think to just say we've got a hiring freeze when you've heard the Administrator say already if those are potential positions that have to be filled, then you're probably going to have to honor them anyway. But I think the sensible thing to do is to put everything out there on the table and then let's see what we've got and let's do it. Some of us have been down that road before. We've handled it. We muscled it just like we did with the jail, we did it just like we did when we were broke, and we'll handle it this time and I guarantee you we won't have to do it in this type of suicidal way in which you want to go about with your motion. MR. TODD: Mr. Mayor, a point of information. I believe that this Commissioner will stop from referring to Commissioners at last meeting, and I would certainly expect the Chair to have the -- my colleagues to refrain from referring to Commissioners. MR. J. BRIGHAM: Thank you, Mr. Mayor. Now that the debates have gone on and we're finally getting to the tail end, at least we'll get our say in this. If we had had this debate two weeks ago when we hired 68 deputies we wouldn't be having this today. That was what the question was at that time. It was not a law enforcement question but a question of how we were going to pay for law enforcement. If we had had the 30-day delay we wouldn't be having the motion on the floor now and we wouldn't have these people that -- the majority of this Commission asking for a delay now to discuss to find out where the cuts are coming from. MR. TODD: Mr. Mayor, a point of information again. My colleague is referring -- MR. J. BRIGHAM: I didn't refer to a single Commissioner, Mr. Todd. MR. TODD: You referred to the majority of the Commission. Mr. Mayor, Mr. Kuhlke didn't refer to a single Commissioner either, and I think that -- maybe, Mr. Mayor, we need Mr. Wall to read the minutes -- I mean, read the rules. MR. J. BRIGHAM: We can spend all afternoon on rules. Right now we really need to talk about dollars and cents and how we're going to pay for this. MR. TODD: Mr. Mayor, I think that it's important that we talk about the issue and not talk about where we disagree with the issue and what the previous meeting majority has done. Where there might have been an individual that voted with that majority, there is no way for anyone to sit to here and read individuals minds and tell how they're going to vote as far as this majority shake out. MR. HANDY: Mr. Mayor, I call for the question, please. MAYOR SCONYERS: Well, we've got some other folks, Mr. Handy. Let's listen to the other folks. MR. J. BRIGHAM: Mr. Mayor, I think everybody know where I'm at. I'm not going to take any more of your time. MR. H. BRIGHAM: I guess mine is in the form of a question or a request. I think we asked before how many departments are willing to step forward as the Recreation Department is going to do. I understand we have over 100 vacancies now. How many -- you know, is the Administrator prepared to let us know today how many departments? Where are these people that we may have? We may have some departments that's overloaded and we may have some departments that's short on people. I think these are the kind of things that we need to shake out before we go too much further in this sort of thing. We may have the people somewhere to carry on this government, and I think we probably do, but we have to find out where they are and see can we cast them in the right place. If that can be done, I think we can solve our problems fairly easily. MR. OLIVER: All the departments were asked last Thursday. They were told of the action, we discussed the budget process last Thursday. Obviously those types of decisions are ones that can't be made quickly. As I mentioned before, we had that one department that, you know, was concerned about a couple of vacancies they were going to have coming up and I expressed -- and we're to get together later this week as it relates to that. But, you know, what we would be looking for is to come back with a budget that balances the budget, that shows that we have the money to continue the level of services that this Commission desires next year in 1998, and that is not a process where we're going to complete that in a week or two weeks. We are really looking toward sometime in mid November before we're going to have a good, good budget put together, and we expect all the departments to work cooperatively to do that. We think some of them will work more closely than others, and some of them probably have a better ability to do that. MR. BEARD: Mr. Mayor, I just want to go on record saying that I voted for this in the Finance Committee, the hiring freeze in the Finance Committee, and if it comes up at another date I'll probably vote for it again. However, I do feel that -- we're talking about three days waiting, and I think that for the good of the citizens of this city that three days of waiting and discussing this in a forum where all Commissioners can get together and discuss this and any other input that is needed is added to that, including the finances and where we are, I think it's just only right that we give people that opportunity, and other Commissioners who may be believing otherwise, that there may be some other alternative to this. I agree with most of what has been said here in reference to we're going to have to cut some things, we're going to have to do some things here because of the action that was taken in the past, but I do think in all fairness that we can wait three more days. And if the Administrator has that authority and he's acting on that authority that everything will come through him, three or four more days will not make a difference, and I would just like to see this at the next regular Commission meeting, something worked out so we can move forward. I do believe that we're at a point where we must move forward on trimming some of this. MR. POWELL: Mr. Chairman, first of all, I rescinded the motion that I had put on the floor originally because I felt like this was a decision that all the Commissioners were not ready to make. I'm ready to make a decision, Mr. Kuhlke, and if we have to make some cuts and we're all aware of that. The reason that I rescinded the motion was hopefully that we could get together and come up with a way that was comparable for everybody and acceptable for everybody at this table to move forward and make the necessary cuts. This hiring freeze is something that's important, but it keeps getting tied in with the Sheriff's Department and the adding of the deputies. I don't consider whether we put a hiring freeze on any importance like the importance of hiring deputies and hiring these 68 deputies to provide public safety. If within a 30-day time frame, if it means expediting something that has to be done and we save one life, I think it's worth us going back and finding a way to come up with the money. I'll support a budget cut, I'll support a freeze, but I really would like us to go back and get together on this thing and come back with a suitable plan instead of just firing one over the bow because it looks good to the press. MR. HANDY: I don't have a question about that, I just need to know from the Attorney is anything in our rulings to see when I can call for the question, because I don't need the Mayor and I clashing over when I should call for the question. I don't be looking down there to see who is holding their hand up while he's conducting the meeting, so I need to know is anything in the rulings when a person can call for the question. MR. WALL: Well, a call for the question is appropriate only after the Mayor has determined that there has been a sufficient opportunity for debate. And until there is readi-ness on the part of the Commission to vote, as determined by the Mayor, then it would be inappropriate to recognize that. And so as long as there is still debate and the Mayor does not think that there is prolonged debate, then it's appropriate for him not to recognize that request on your part. MR. HANDY: Thank you. Not what I want, but thank you. MR. TODD: Mr. Mayor, I supported the hiring of the 68 deputies and I'm going to support the freeze on the hiring of anybody outside of enterprise fund. And I think it's essential that we send a message, and the right message, to outside agencies, to the folks that have their hands out -- corporate hands out -- well, corporate folks that have their hands out for welfare whether it's nonprofit or individuals or whom, and I think the message that we need to send is that we're going to put a freeze on hiring and we're going to take care of our problems as far as reduction through attrition. And there may be some exceptions where we, you know, have to hire, and that's why I wanted that from Mr. Oliver, and I would assume that that would be his discretion. I'm laid off probably every six weeks, I change jobs. Mr. Handy understand about industry [inaudible]. I probably have more pink slips than the average person gets in a lifetime in one year, but pink slips don't bother me. I've gone through one process that did bother me as far as layoff, and it was called craft evaluation performance or whatever, CPEP. And that one bothered me in the sense of the way it was done, and I think the fairest way to do them is through attrition. This is what the Administrator is trying to do. We can go to a county employee performance evaluation and lay folks off, but I think that if we went that route, that that's where the objection is going to start because many of us that sits at this table also is responsible for individuals being employees of Richmond County. And I'm not talking about department heads, I'm talking about political friends, et cetera. And in that sense, if we don't do it through attrition we're going to have one heck of a political fight and in-fighting as far as cutting folks. I think this is a fair process. I don't think we want to go to some evaluation, even though some folks may think we should. And if we go on and do this now, I think we'll have it out of the way and hopefully it'll help also on political appointees as far as new hires go. Thank you, Mr. Mayor. MR. J. BRIGHAM: I'll call the question this time, Mr. Mayor. MAYOR SCONYERS: Substitute motion first, Mr. Kuhlke's, to go ahead with the implementation of the hiring freeze immediately. All in favor of Mr. Kuhlke's motion, let it be known by raising your hand, please. MR. BEARD, MR. H. BRIGHAM, MR. HANDY & MR. MAYS VOTE NO. MR. POWELL ABSTAINS; MR. ZETTERBERG NOT PRESENT. MOTION FAILS 4-4-1. MAYOR SCONYERS: Back to the original motion made by Mr. Handy to delay until the retreat. All in favor of Mr. Handy's motion, let it be known by raising your hand, please. MR. BRIDGES, MR. J. BRIGHAM, MR. KUHLKE & MR. TODD VOTE NO. MR. POWELL ABSTAINS; MR. ZETTERBERG NOT PRESENT. MOTION FAILS 4-4-1. MR. TODD: Mr. Mayor, I call for the order of the day. CLERK: Items 11 through 15 were approved by the Administrative Services Committee on August 25th. [Item 11: Motion to approve Agreement in the amount of $4,200 to coordinate a Neighborhood Cleanup with Augusta-Richmond County Clean & Beautiful, Inc. for eight low to moderate income neighborhoods in Augusta. Item 12: Motion to approve Subordination Agreement for Davis and Lisa Y. Brown to be subordinated to loan by American General Finance, Inc. The Subordination Agreement is in regards to property located at 1820 Kissingbower Road. Item 13: Motion to approve the transfer of 26 HOME Mortgage Loans that were originated under the Department of Community Affairs (formerly Georgia Housing and Finance Authority (GHFA) HOME Housing Rehabilitation Loan Program to Augusta, Georgia. Item 14: Motion to approve the appointment of Virginia Turnage to the Economic Development Loan Review Committee. [Item 15: Motion to approve a request from Mr. L.A. Williams for an Administrative Leave of Absence without pay effective August 25, 1997 through September 5, 1997.] MR. BEARD: Mr. Mayor, I move that Items 11 through 15 be considered as a consent agenda. MR. BRIDGES: Second. MR. J. BRIGHAM: Mr. Mayor, I'd like to pull out Item Number 15 for separate discussion. MAYOR SCONYERS: So it's going to be Items 11 through 14; is that correct? CLERK: Yes, sir. MAYOR SCONYERS: All in favor of Mr. Beard's motion, let it be known by raising your hand, please. MOTION CARRIES 9-0. [MR. MAYS NOT PRESENT] CLERK: Item 15: Motion to approve a request from Mr. L.A. Williams for an Administrative Leave of Absence without pay effective August 25, 1997 through September 5, 1997. MR. TODD: Mr. Mayor, I so move that we approve it as of the date that he qualified to run for political office. MR. HANDY: I second that motion. MAYOR SCONYERS: So what you're saying is you want to make a motion that we approve what's in the -- MR. TODD: No, sir. Mr. Mayor, the motion that I made was that we approve it starting the date that he qualified for political office. MAYOR SCONYERS: That's the date he paid, which is in our code book. MR. WALL: He's required to take it at that point. MR. BRIDGES: Mr. Mayor, I make a substitute motion that we approve the motion as approved by the Administrative Services Committee. MR. POWELL: I'll second that motion. MR. TODD: Mr. Mayor, I know the substitute motion is the one I'm supposed to be doing now, but in the sake of time I'm going to go on and try to do them both in one. Mr. Mayor, there's been other individuals that come to this board wanting a leave of absence to run for political office, so let's resolve this or, you know, whatever. And we've had a county code that we've gone by, and we've made everybody live up to that code. And certainly if a person is running for County Commission, that person should want to and ought to be made to live up to the county code that he's going to have to take a oath to uphold, along with other laws and codes as far as this state and this nation go, and that person should not want an exception to the code. That's my belief on it. I have supported -- we've even had them where I think we give them --we said we wouldn't give them a leave of absence even after they had qualified and probably stopped some folks from qualifying. I voted in the negative on that one, and my position is that the individual that's running for County Commission should be willing to go by the county code. That should be the first item on his or her agenda, to go by the county code, to not ask for exceptions, to abide by that code before and after they are elected. Thank you, Mr. Mayor. MR. J. BRIGHAM: Mr. Mayor, my problem is very similar to Mr. Todd's. We wrote these rules several years ago, there was no objection to them at that time. If we're going to change rules for each individual case [inaudible]. MR. BEARD: Mr. Mayor, I think I was the only one in the Administrative Services Committee who voted against the pass of motion of Number 15 here. And I still feel that way, that it must follow policy, that the policy simply states that at the point of qualification the person will then seek leave of absence from his particular duties. I think that we must uphold policies. If we don't, then there is no need to have them, and this is why I voted against this. MR. BRIDGES: Mr. Mayor, the policy we have now was written when we qualified in April, and it was a fine policy then because nobody is going to start campaigning before that point. Now we're qualifying in September. And the policy itself does not discount the ability of the Commission or the Administrator to give somebody leave if they're requesting it, it simply says that when the person qualifies to run for office he must take leave. That still leaves open the opportunity to grant him leave before that point should he request it. This individual, it's my understanding, is already campaigning. He's already announced his campaign, it's hit the paper, there has been discussion back and forth in the paper and the news media concerning that race, and we are working on correcting the policy so that it will allow for those that want to campaign before the time to qualify. Basically what we're saying here now today if we maintain this policy, we're maintaining something that will benefit incumbents. That's all ten of us sitting here. Somebody out there fresh and new that wants to run against us, well, then we're -- it has the appearance that we're trying to do everything we can to hinder opposition. And I would hope that the Commission would vote for the substitute motion, allow this individual to continue -- he's already campaigning, do you want him on the job campaigning, too? You know good and well when he goes to work that people are going to ask him about his campaign and how it's going, that type of thing. We don't want that. It's in the best interest of the county to allow this individual to -- to grant him the leave, and I hope the board will support that. MR. TODD: Mr. Mayor, when I made the decision to run for public office my employer didn't give me a leave of absence. They also told me there wouldn't be any politicking on SRS because it's a public job, that anything that I done as far as politics go would have to be done back in Richmond County or off SRS. I lived by those rules because they were my employer's. Certainly I think that we have a different situation here, but not a unique situation. There is folks that run for public office every day that works for city, county, and state governments, period. Those folks go by the rules of those governments as far as the city ordinance or county ordinance or state law, period. We also have laws or rules as far as working for the Board of Elections, folks that volunteer to register folks to vote. They've got to be gone, I believe, something like -- a certain number of days, I believe it's six months, but a certain number of days before they can even consider running for public office. So this is not something that is there to stop anyone that want to run for public office that works for county government to run for public office. In my opinion, it's something there to at least have a policy that if you're going to run, you know, you have options. One option is to leave the job here and run. The other option is to wait till qualifying day and qualify and you get leave of absence. This government cannot afford to have folks gone from the Sheriff's Department, Fire Services, and any essential position for 30, 90, 120 days, and guarantee that position to be there when that person come back. Do everything stop in place? No, I'd say not, that we still got to provide those essential services. That's the reason we left Public Safety out of this hiring freeze, because there is essential services that's got to be provided. And in my discretion in making this decision, it will be based on the policy and it will be based on the fact that this person is a essential employee and that we cannot afford to give this person any more time than from the date that he qualified, period. Thank you, Mr. Mayor. MR. J. BRIGHAM: Mr. Mayor, my only question is, is we've been told there were people working on the policy [inaudible]. MR. BRIDGES: It's to come back before the Administrative Services Committee. MR. KUHLKE: Mr. Mayor, my only comment is I think it's incumbent on this body to uphold the policies in this government. MR. H. BRIGHAM: What I wanted to know, what are we operating under now. What we have is the question when they qualify, he has to make a choice at that time. Now, if we're trying to change the rules like when we have tuitions, then I think we need [inaudible]. MAYOR SCONYERS: Substitute motion first, made by Mr. Bridges. Do y'all want the motion read? CLERK: The main motion was to approve the leave of absence as the day of the qualifying. That was made by Mr. Todd, seconded by Mr. Handy. The substitute motion by Mr. Ulmer Bridges was to approve the requested leave of absence 8/25 through 9/5. MAYOR SCONYERS: All in favor of Mr. Bridges' motion, let it be known by raising your hand, please. MR. BEARD, MR. H. BRIGHAM, MR. J. BRIGHAM, MR. HANDY, MR. KUHLKE & MR. TODD VOTE NO. MR. ZETTERBERG ABSTAINS; MR. MAYS NOT PRESENT. MOTION FAILS 6-2-1. MAYOR SCONYERS: Back to the original motion made by Mr. Todd. All in favor of Mr. Todd's motion, let it be known by raising your hand, please. MR. BRIDGES & MR. POWELL VOTE NO. MR. ZETTERBERG ABSTAINS; MR. MAYS NOT PRESENT. MOTION CARRIES 6-2-1. CLERK: Items 16 through 33 were approved by the Engineering Services Committee on August 25th. [Item 16: Motion to approve the engineers recommended for projects W-2C, W-5, S-2B, S-2C, S-2D, S-6, S-7 and S-8 and authorize negotiation of engineering fees regarding 1996 Bond Issue Projects. Receive remainder of data as information. Item 17: Motion to approve purchase of 12,261.50 sq. ft. of land known as Tax Map 13-4, Parcel 283, from Claud R. Caldwell, Jr. in connection with the above project for the purchase price of $11,000.00. Item 18: Motion to approve the naming of the new public road through the Augusta Exchange property in honor of Robert C. Daniel, Jr. Item 19: Motion to approve counteroffer option in the amount of $3,520.00 to purchase 0.24 acres in fee simple owned by O.D. Calvert, Tax Map 354, Parcel 8.12. Item 20: Motion to approve counteroffer option in the amount of $300.00 to purchase 343 sq. ft. of permanent drainage, utility, and access easement; 735 sq. ft. of permanent easement over existing sewer easement; and 1,061 sq. ft. of temporary construction easement owned by Meredith L. Holmes and Toby J. Holmes, Tax Map 16:52.3, Project Parcel 12. Item 21: Motion to approve Right-of-Way Mowing Mainte-nance Agreements and Indemnity Agreements with the Georgia Department of Transportation for landscaping the intersection of Deans Bridge Road at Gordon Highway. Item 22: Motion to certify the right-of-way and execute the Georgia Department of Transportation right-of-way agreement regarding the Lakeside S/D Drainage Improvements Project. Item 23: Motion to approve Capital Project Budget Number 55-8312-097 with funding for the Wrightsboro Road Operational Improvements project in the amount of $251,000 from Phase II Recaptured Funds and approve to let for bids. Item 24: Motion to approve contract to MTS Technologies, Inc. in the amount of $23,967.00 to upgrade the SCADA system. Item 25: Motion to approve contract with MTS Technologies, Inc. for a Radio Survey for urban system sites to be added to SCADA system at a cost of $1,508.90. Item 26: Motion to authorize the Utilities Department expenditure of $2,456.00 to LEPC for their portion of cost of Risk Management Project and Presentation. Item 27: Motion to approve contract award for repair of Canal Headgates to Ingleside Electric in the amount of $17,237.00. Item 28: Motion to approve authorization to award bid Item 97-054 for the purchase of Street Lighting Materials to low bidders Ireland Electric Company in the amount of $20,378.28 and Cameron & Barkley in the amount of $11,970.00. Item 29: Motion to approve the opening of Scott Street in Belair Hills Subdivision. Item 30: Motion to approve Capital Project Budget Number 51-8604-097 in the amount of $33,700, the engineering proposal from James G. Swift and Associates, Consultant Engineers, in the same amount for Belair Hills Estates Master Plan to be funded from Special One Percent Sales Tax, Phase I Recapture Funds. Item 31: Motion to approve Change Order #1 in the amount of $108,383 with Thompson Building Wrecking Company, Inc. for additional removal and disposal of ceilings containing asbestos materials. Item 32: Motion to reconsider the action taken by the Commission at the July 2, 1997 meeting regarding work done on East Augusta Drainage Improvement Project Number 55-8177-094 by approving Change Order Number 3, Beams Pavement Maintenance in the amount of $10,248.10 for fence replacement. Item 33: Motion to approve authorization to bid for and award construction of new office building and weigh scale at Augusta/Richmond County Landfill for $141,000.00.] MR. POWELL: Mr. Chairman, I'd like to make a motion that we accept the Engineering Services Committee report as a consent agenda. MR. J. BRIGHAM: Second. MAYOR SCONYERS: All in favor of Mr. Powell's motion, let it be known by raising your hand, please. MOTION CARRIES 9-0. [MR. MAYS NOT PRESENT] CLERK: Item 34: Motion to approve Ordinance amending Augusta-Richmond County Code by adding a new section, S3-3-24.1 to establish the "First Fire District." MR. H. BRIGHAM: Mr. Mayor, I move that this item be approved. MR. ZETTERBERG: Second. MAYOR SCONYERS: All in favor of Mr. Brigham's motion to approve, let it be known by raising your hand, please. MOTION CARRIES 9-0. [MR. MAYS NOT PRESENT] CLERK: Items 35 through 37 were approved by the Public Services Committee on August 25th. [Item 35: Motion to approve new ownership request by Kevin Kilchenstein for a consumption on premises liquor, beer and wine license to be used in connection with Sweet Basil Grille, LLC located at 399 Highland Avenue. There will be Sunday sales. Item 36: Motion to approve an agreement with the Georgia Department of Natural Resources for a National Recreational Trails Grant in the amount of $60,000, with Augusta- Richmond County matching funds of $30,000 being included in 1998 Recreation and Parks budget. Item 37: Motion to approve a professional services contract with James G. Swift and Associates for $5,480.00 for preliminary design and cost estimating regarding future improvements to the Augusta Golf Course.] MR. KUHLKE: Mr. Mayor, I move that Items 35 through 37 be approved as a consent agenda. MR. ZETTERBERG: Second. MAYOR SCONYERS: All in favor of Mr. Kuhlke's motion to approve, let it be known by raising your hand, please. MR. BRIDGES & MR. POWELL VOTE NO ON ITEM 35. MOTION CARRIES 7-2 ON ITEM 35. MOTION CARRIES 9-0 ON ITEMS 36 & 37. [MR. MAYS NOT PRESENT] CLERK: Item 38: Appointments to various Augusta-Richmond County Boards, Authorities and Commissions. Commissioner J.B. Powell would like to place in nomination for placement on the Personnel Board Mr. William J. "Billy" Carroll. MR. POWELL: Move for approval. MR. BEARD: I second. MAYOR SCONYERS: All in favor of Mr. Powell's motion, let it be known by raising your hand, please. MOTION CARRIES 9-0. [MR. MAYS NOT PRESENT] CLERK: Item 39: Motion to approve the minutes of the regular meeting of the Commission held August 19, 1997. MR. HANDY: So move. MR. H. BRIGHAM: Second. MAYOR SCONYERS: All in favor of Mr. Handy's motion to approve, let it be known by raising your hand, please. MOTION CARRIES 9-0. [MR. MAYS NOT PRESENT] CLERK: Item 40: Motion to approve a request for concurrence with the decision of the Planning Commission to adopt the amended Zoning Ordinance. MR. KUHLKE: So move. MR. J. BRIGHAM: Second. MR. WALL: Mr. Mayor, so that there won't be any contest down the road, would you specifically refer to -- if the maker of the motion would specifically refer to including the second reading of the Telecommunications Ordinance, which is a part of the Zoning Ordinance, but technically we need to have a second reading on that. MR. KUHLKE: I'll amend my motion to include that. MR. J. BRIGHAM: Second. MAYOR SCONYERS: All in favor of Mr. Kuhlke's motion to approve, let it be known by raising your hand, please. MOTION CARRIES 9-0. [MR. MAYS NOT PRESENT] CLERK: Item 42: Approve participation of Mr. Pen Mayson to the Energy Communities Alliance meeting October 1-4 in Carlsbad, New Mexico, and authorize reimbursement of expenses according to ARC's Policy. (Estimated cost $1,400.00.) MR. TODD: Mr. Mayor, I so move. MR. H. BRIGHAM: Second. MR. TODD: Mr. Mayor, I think that we're making some significant headway here with joining the Energy Communities Alliance, and I think that in doing that we've heard some positive information in reference to projects at SRS. There is a project starting in '98 that's already funded, there is preliminary work going as far as the project in '99, which is the linear accelerator, and this is somewhere between a two to three billion dollar project. And the way that we keep SRS in the running for those projects and not let someone else throw a project out there is to attend these meetings. And the other significance of this meeting, I think, is Mr. Ames, if I'm correct, the Deputy Secretary of Energy in charge of waste management, is going to be there, and certainly I can assure you that Mr. Mayson is going to have his ear. And this is a follow-up from the trip that Mr. Mayson made to Washington, D.C., when we joined the Energy Communities Alliance meeting. We certainly know that Mr. Adams is on board to take care of Public Works, but we also know his background as far as defense go, et cetera, and we're probably going to be calling on him for some resources or some advice on this issue. And I would urge my colleagues to support this. Where this may be perceived as being economic development to help a certain group of folks, I can assure you when there is a approximately three billion dollar project going on over there, with 60 percent of the procurement coming through Richmond County it means economic development for business and government in Richmond County in the sense that we collect and the School Board collects a one-penny sales tax off of that business that comes through Richmond County. Thank you, and I appreciate your support. MR. ZETTERBERG: I'd like to make a substitute motion on this that we approve it, but ensure that an after-action report comes back to the Commission and we all have a chance to read it, and would like to know exactly what Mr. Mayson got out of this so that we'll have better experience the next time in the decision-making process. MR. TODD: I'll be glad to accept that amendment. MAYOR SCONYERS: Is that all right with you? MR. ZETTERBERG: Yes. MAYOR SCONYERS: All in favor of Mr. Todd's motion with the amendment attached, let it be known by raising your hand, please. MOTION CARRIES 9-0. [MR. MAYS NOT PRESENT] CLERK: Item 43: Motion to approve an Ordinance adopting Titles 1 and 2 of the Augusta-Richmond County Code. Second Reading. MR. KUHLKE: So move. MR. TODD: Second. MAYOR SCONYERS: All in favor of Mr. Kuhlke's motion, let it be known by raising your hand, please. MOTION CARRIES 8-0. [MR. MAYS & MR. POWELL NOT PRESENT] CLERK: Item 44: Indigent Defense. MR. TODD: Mr. Mayor, I requested that Indigent Defense be put on the agenda because, quite frankly, we were told that this issue was resolved, but I haven't seen anything to indicate that in writing and I would want an update. MR. KUHLKE: Mr. Mayor, I'd like to suggest that we discuss Indigent Defense maybe in the legal meeting. MR. TODD: No problem, Mr. Mayor, if it's appropriate and the County Attorney approves it. MAYOR SCONYERS: Do we have any other business, Ms. Bonner? CLERK: No, sir. MAYOR SCONYERS: I need a motion to go into legal meeting, gentlemen. MR. H. BRIGHAM: So move. MR. HANDY: Second. MR. TODD: Mr. Mayor, what are we discussing other than Indigent Defense? MR. WALL: Personnel issues as well as matters that I need to give legal advice on involving potential litigation, not current litigation. MR. TODD: Yes, and also Indigent Defense is personnel? MR. WALL: Right. MAYOR SCONYERS: All in favor of Mr. Brigham's motion, let it be known by raising your hand, please. MOTION CARRIES 8-0. [MR. MAYS & MR. POWELL NOT PRESENT] [THE COMMISSION RETIRES INTO LEGAL MEETING] MR. TODD: Mr. Mayor, I move that we postpone the matter of Indigent Defense until the next regular meeting. MR. H. BRIGHAM: Second. MAYOR SCONYERS: All in favor of Mr. Todd's motion, let it be known by raising your hand, please. MOTION CARRIES 9-0. [MR. MAYS NOT PRESENT] MR. H. BRIGHAM: Move to adjourn. MR. HANDY: Second. MAYOR SCONYERS: All in favor of Mr. Brigham's motion, let it be known by raising your hand, please. MOTION CARRIES 9-0. [MR. MAYS NOT PRESENT] [MEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of The Augusta Commission held on September 2, 1997. _________________________ Clerk of Commission