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HomeMy WebLinkAbout09-15-1998 Regular Meeting Page 1 REGULAR MEETING COMMISSION CHAMBERS September 15, 1998 Augusta Richmond County Commission convened at 2:20 p.m., Tuesday, September 15, 1998, the Honorable Larry E. Sconyers, Mayor, presiding. PRESENT: Hons. Beard, Bridges, H. Brigham, J. Brigham, Handy, Kuhlke, Mays, Powell and Shepard, members of Augusta Richmond County Commission. Also Present: Ms. Morawski, Deputy Clerk of Commission; Mr. Oliver, Administrator; and Mr. Wall, County Attorney. THE INVOCATION WAS GIVEN BY THE REVEREND LOCKHART. THE PLEDGE OF ALLEGIANCE WAS RECITED. Do we have any additions or deletions, MAYOR SCONYERS: Ms. Morawski? Yes, sir. We have a request for three addition CLERK: items to the agenda. The first one is to abate all past due and unpaid ad valorem taxes on Olde Town Properties; number two is final plat approval for Pepperidge Subdivision, Section XIV; and number three is final plat approval for Plantation Oaks Subdivision. So move. MR. KUHLKE: Second. MR. HANDY: Mr. Mayor, on these subdivisions--is MR. J. BRIGHAM: Mr. Patty here? Do we know if any of these are in floodplains or anything? Do we have a representative from the MAYOR SCONYERS: Planning Commission here? How about I can contact Mr. Patty's office MR. OLIVER: and ask someone to come over before that item. Well, I don't know that I want to put MR. J. BRIGHAM: them on by unanimous consent. We're contacting Mr. Patty now. MR. OLIVER: Could I ask that this be postponed MR. J. BRIGHAM: until we get in touch with Mr. Patty? Page 2 Sure. There were no deletions; is that MAYOR SCONYERS: correct? No, sir, no deletions. CLERK: So we're just going to hold this then MAYOR SCONYERS: until we hear from Mr. Patty. Before we take the Election of Officers, we have a spokesperson from Pepperidge in the Fourth District that would like to make a presentation. Are they here? Your Honor, my name is Edward J. Jackson, MR. JACKSON: I'm a resident of District Four. I live at 3206 Dogwood Drive. I'm here representing the Executive Committee of Pepperidge Neighborhood Association. We would like to request that you nominate and elect Richard Colclough to take the unexpired term of Mr. Todd. The reason we are asking you to do this, I knew Richard since I moved here in 1992. I'm a retired military person. And Richard was one of the persons that got me involved in the community and also in the politics. Richard told me, "Jeff, remember one thing, we are all equal. What we want is a better life for everyone." And if you elect him to Mr. Todd's seat, I think Richard Colclough would make a outstanding commissioner. He also is the President of the Neighborhood Alliance Association, which is 17 different neighborhoods. He has gotten all of us together to work as one for the betterment of Richmond County and Augusta, not just one faction. We gave you a petition yesterday with 315 names: 233 from Pepperidge Neighborhood Association, 28 was from other neighborhoods, 54 of them was from different neighborhoods outside of District Four. We request that you elect him to be our next commissioner for District Four. Thank you. Anybody else? MAYOR SCONYERS: Good afternoon to the Commissioners, Mr. MR. SINGLETON: Mayor, and citizens of Richmond County-Augusta. I'm King Morris Singleton, Jr., and I am also vying for the position of the unexpired term of Moses Todd. I think all the Commissioners have been familiar with me and the work I have done in the community over the past eight or nine years, and I'm very sure that all of them remember when we were vying for our positions during the consolidation race in which all, including the Mayor, had to earn the respect and trust of their constituents in order to sit in the seats that you are sitting representing people here today. I am proud to come before you and say that as of the election in '96, which I was in the second place, I was able to pull the support of my constituents to show 730 votes in that election. At that time we went out and got the support of the community behind us and Page 3 we got second place. That made me the community of the Fourth District's second choice. We went out since Todd has announced his candidacy as mayor and got support with the petition that you have laying before you today of 286 people, not just from the Fourth District but from the entire Augusta city, and they have lended their support to me to once again prove that I do have the support of the Fourth District. What I want everyone here to know more so than anything else, and I've talked with each and every one of you, is that the petition that these people signed shows their commitment. The vote that they gave in '96 showed what they wanted to happen. If we ignore the people's wishes now, you're not only slapping in the face the voters of the Fourth District, not just myself but also anyone who wants to see the representative of the people's choice on this board. I appreciate everyone's consideration and time. I know you've spent a lot of time deciding who should represent the Fourth District, and I want you to know that whatever choice you make, I hope that person will work with the entire community and you to benefit the Fourth District. Anyone else? MAYOR SCONYERS: Mr. Mayor, can I ask a question? Mr. MR. SHEPARD: Singleton's petition is here, but what about the petition that the previous representative referred to, Mr. Jackson? It's probably in your box. MAYOR SCONYERS: Your Honor, if he would like to have a MR. JACKSON: copy, I have one, if he didn't check his box. Okay. MAYOR SCONYERS: I didn't check it yesterday and today. MR. SHEPARD: Mr. Wall, in the event that we don't MAYOR SCONYERS: choose a successor today, under the Home Rule provision is it possible to call for a special election? Can we change the charter to call for a special election and have the people of District Four vote their choice in? No, sir. The powers under the Home Rule MR. WALL: provision of the Constitution are limited, and you are not--a local governing body does not have the authority under Home Rule to change the manner of election of the county governing authority. That has to be done by the local act in the General Assembly, and so this Commission could not change that through Home Rule to set up a special election. That's not authorized. Page 4 Mr. Mayor, before we get into the nominating MR. MAYS: process, if I might briefly as the still-sitting Commissioner in which District Four resides, and District Nine encompassing Districts One, Two, Four, and Five. And I am not planning to make a nomination, as most of my colleagues know. In fact, the prospective candidates, and I consider all of them friends, know that I pretty much have stayed away from conversing in this process. And it's for a very--what I think is a very good reason. One of the reasons why some of us were questioning governmental reorganization--and Mr. Wall knows I never still give it credit for true consolidation because we still don't have a charter and we abandoned the one in the old city, so I still say it's reorganization. But we got what we got and we got to live with it. Now, the true way to deal with this process, I believe, and I think, Mr. Mayor, you and I are on that same accord in terms of what we want to do, is that I've had a long-standing feeling, I expressed it on the day before Mr. Todd submitted his resignation, that this chamber was not the place to elect a commissioner from any district. That basically should be done by the people of Richmond County in their given districts and in their at-large districts, not by a coalition of people that's put together [inaudible]. Now, we may end up having to do that, and we've got some good choices. I respectfully disagree with my good friend, Mr. Wall. Now, that won't be the first time and probably will not be the last time. But I think I've been down the road on the Voting Rights Act trail, I've been down where I've had to fight the old City of Augusta, I've sued them in Federal Court--and, by the way, you know, Jim, we won and the city and the county lost. And at that time your firm was representing the county, so I'm kind of one up on you on that one. And I'm not asking for any back monies in terms of what we spent having to fight you, even though the city and the county spent $500,000 before they found out they couldn't whip the United States Justice Department. But that's water over the dam. You're going to have to pay the Baptist Ministers Association, but you don't have to pay me, Margaret, and Kathleen a dime. We did it because of what we thought was right. Sometimes a law that's on the books does not make it right simply because it's in place. Sometimes you have to challenge unjust laws. Some of us were fighting provisions that we thought were not accurate in that bill when it was drawn up. I still believe that there would not be a challenger to the events or the rights of extending consti- tutional rights to the vote of people. Now, we were going to sit here a few months ago, and a question came up about the legal department, which the bill does call for, and we were about on the verge to put a two-thirds vote together, deal with Home Rule, and we were going to send it on to them, Jim, [inaudible]. And I didn't hear a question raised in terms Page 5 about the powers of Home Rule. Now, maybe that election process part of it differs. I'm ready to challenge it and deal with it. I think that even if there was a delay of 90 days, having a turnout for the people in District Four to decide who they want, because this is an unfair process. We may still have to live with it, I repeat, but it's unfair. Two folks sitting up here at this podium have votes that they got out of District Four, that's Larry Sconyers and Willie Mays. Only one of them will have a vote today if he chooses to vote. I may not today. But I think this is one of the glaring flaws that's in this particular bill because it robs the general population of selecting who they want. Put it out there and let the dog fight. If one person goes out, everybody [inaudible], then that's who gets it. But if it's an election, the people then decide. I have a long history of witnessing what appointed councils can end up doing. I watched the old city, one by way of retirement and death--and no respect to the people that came in, but at one time in this chamber we had probably a third on the old City Council that nobody ever elected. Those were coalitions put together by people in this room, not necessarily in the community but people in this room, and that is a flawed process. It is a bad law. I'm willing--if we spend a bunch of bad money, I'm willing to challenge what we've got on the books with the legislative counsel. And we get the Attorney General's opinion for everything else, deal with getting one with this. But I feel that we're probably going to get those nominations today, and I feel compelled to say this. I'm friendly with all of those folk in the room. All of them have helped me. King has helped me in various elections; Andrew is not here. But I feel compelled to respond, and I think somebody should other than--I'm going to be real raw when I say this, Mr. Mayor, and this is no offense intended towards anyone. But I think somebody in the black community, other than the people that came to support Richard, ought to respond particularly to that story that was written this morning. Now, Mr. Powell, I ain't calling you back on purpose, because the candidates can tell you I ain't called them back either, because I've been staying away from that process. And he knows why. He knows my feelings about an election. But I think that was a very divisive article that was written. I think it was unnecessary. And I want to say this, whether Richard gets that seat or not, and I think King would agree with me, Andrew is not here, Richard is his own damn man. He's not--and excuse me misters and ladies, Richard Colclough is nobody's Uncle Tom. Now, he may not agree with everything that everybody else does on this Commission from time to time, but his decisions are going to be his own decisions, and I can respect that. And I think that needs to be cleared up from the standpoint that somehow or another Richard may not have passed some particular litmus test, if one exists out in the black Page 6 community. I think the true litmus test of anybody who is elected is what the people think of them in the area that they've got to represent and what those folk have to say, and I think it's important that that be said. And I'm not saying that because he's my friend, I'm saying that from the experience of working with him, from the work that he's done in neighborhoods, not just in Pepperidge. But from a point of character, I did not like the way that that tone came out that as though nobody black or nobody black in an official capacity could on any event support Richard if his name came up. I didn't talk with anybody and say I didn't, and I think it's unfair to assume that type of position. That's an unfair indictment on any human being. Whether this person gets this nomination or not, certain things should not just be assumed in a community. God knows, we've got enough problems on every level whether they are black, white, red, yellow, or brown. But to stick that type of flypaper out there and to put it in writing and to basically assume that simply because certain folk may want to nominate Richard, that that makes him something less than black, that's unfair. It's unfair and it's wrong. Now, I may not--still may not vote today. And Jim knows where I stand on this particular position; the candidates know my feelings about it. I've said where this dog fight ought to be decided, it ought to be decided in an election. And I think what can justify it, Mr. Mayor, is the fact that we've got a mayor's race, we've got a governor's race. I don't think there's a judge in Georgia that's worth a quarter that would take some idiot's challenge and say it ought to be overturned when you can put that in the form of an election when you have the highest turnout that you're going to have until the year 2000 when you have another general election. It increases the activity in that district, it increases the activity of voter participation in this community. And I may not get any support on the fact that that ought to be called for, but I think that's the proper way to do it. And if the law says otherwise, then let's challenge it. We play russian roulette with the rules of government every day. We make them up as we go along. And we got the old adage that still exists in county government, "six votes makes it right." Doesn't care whether it's legal, it just makes it right. Well, then why not make right for the people of this community. Let's challenge what's in our own bill. But I'll tell you what, I'll promise you this, if I don't prevail in us dealing with getting an election, one thing I can promise, and I got good friends in the General Assembly, but if it boils down to the General Assembly deciding who's going to sit here and this Commission decide who's going to sit here, I will greatly reconsider that action, Mr. Mayor, if nobody is elected and we'll select somebody before I allow--and good personal family friend, love Zell Miller to death, but I'll tell you what, people in Page 7 District Four that voted for Willie Mays and Zell Miller, before I let a lame duck governor going out decide who's going to sit in that seat down there, then I will go against--if I lose, I'll accept that, but I'll make that decision to make one of those votes from this Commission even though every bone in my body tells me it's the wrong darn thing to do, that the people ought to decide it. But it won't go to the Governor. It's going to get done before that period is up. But I still say, Mr. Wall, and you've got the next lunch to buy, but I still say--you know, you're entitled to your opinion and I'm entitled to mine, but I believe I'm right, and I believe that if tested, I don't believe that's one of those deals that any judge is going to overrule. But I felt compelled to say that I believe--and what I read to a point that there's some magical line that somebody's got to cross to determine who's blacker than who or who's whiter than who in some capacity, I don't think that ought to be a criteria to deal with anybody. And I feel I would be less than a friend, less than a man, to sit here as an elected official who does happen to be black to not say that in response to what was written and the way--whether it was intended or not, that was the way in which it was focused, that was the way in which it came out, and I don't think that was fair. And it wasn't fair to the white commissioners either in terms of that type of box and the placing of that type of Commission to say that this is somebody we're doing to divide up and to spread allegiances according to race. That was wrong then, it was wrong when I came here in 1979, and it's wrong now. But I guarantee you, I lose on the election process, we're going to decide this thing before this month is over, and we're going to do it from this Commission and the Governor is not going to do it. Mr. Mays, maybe just for the record, I would MR. WALL: like to point out that Article 9, Section 2, Paragraph 1 of the Georgia Constitution, in Subparagraph C, states that the power granted to counties under the preceding provisions shall not be construed to extend to the following matters, and then it lists eight matters. And number two is action affecting the composition, form, procedure for election or appointment, compensation and expenses or allowances, and the nature of compensation of the county governing authority. And it is on the basis of that provision of the Georgia Constitution saying that you do not have the authority under Home Rule powers to amend that that I base that opinion. And I understand your position that there should be an election; however, unfortunately, in my opinion, we do not have the right to change that. Likewise, the Consolidation Bill specifies the method, and there is no method, in my opinion, to change that short of going back before the legislature and have them, through a local act, amend that provision. Page 8 Let me ask this question: If they so MR. MAYS: desired, and I would not want--and this is my reason for not wanting to risk placing this in the hands of the General Assembly and getting it divided up by many different minds on what ought to be done: by that time we will have probably had, by appointment, a situation involving the Governor. That's why I'm ready for dealing with a dog fight. And, Jim, my point is not in arguing with the Constitution of the State of Georgia. Are there not--and my reason for saying this, in the Home Rule provision, are we the only county where any election provision is drawn up that deals with that appointment process? Now, you're saying what it says about the alteration of that process, but where there is an election falling within a given period and a reasonable time that's in there, one, have we not requested--have we requested to deal with that at all? To my knowledge, no request has been made to MR. WALL: the legislative delegation to change the process for filling an appointment. In cases where cities do have--and I'm sure MR. MAYS: that everywhere out of 159 counties, that somewhere, if it's not within the smallest of one of them, somewhere there is an election being held somewhere to deal with somebody. I'm sure everybody wasn't drawn up in terms of the way that bill was drawn up and affected us here in Richmond County. And I can't answer what each local act may MR. WALL: provide for the 159 counties. I'm not-- I guess where my argument comes in there is MR. MAYS: not to try and deal with changing the Constitution of the State of Georgia, but in changing what is written in the bill. The bill laid out the guidelines, Jim, that we would follow. It's not to change the Constitution, it's to change what's the wording in the bill. If the bill encompasses the Constitution and says you stay within that framework, then I think you are absolutely right. But then if we have to go by the guidelines that are in the bill, then I think whatever is in the bill, that's what we go by. And then that's where I say we mount our challenge under Home Rule to deal with what's written in the bill, not what's written in the Georgia Constitution. You're not going to get the legislature ever to go back and change the whole Constitution because we might have a problem in Richmond County. We wrote--well, they wrote a bill and put it together and got it approved by some folks, and got the facts back to them and then they voted on it, and now we've got it and we're having to live with it. But I'll be darned if I'm going to sit here and allow everything to be done out of the gold dome, something is going to have to be Page 9 done down here. I don't like the process, but I still think that's a challengeable item, because it's written into our bill, it is not written--and nor am I asking to challenge the Constitution. But I think to deny the electoral process, I don't think that you would have a judge anywhere--in fact, I don't think if you went through District Four, I don't think you got folk out there that's really scared of one election. I think what we've got some problems in is that of trying to make all the different coalitions work out here in this room. I still think you can mount one to challenge it. They can't do a darn thing but turn it down. And, you know, you can [inaudible] and you can get an opinion back on it real quick, like I was trying to get an opinion back on it when I brought it up two weeks ago to deal with it and to deal with the advertisement on it and challenge it and let some folk come forward. And I will be bold enough, and I won't call their names and put them on the spot, but there are people who signed that bill that are sorry they signed that provision into it, and they have already been calling legal counsel. They ain't going to own up to it. You're going to get a no out of everybody in there, and I ain't going to put them on the spot to say who, but they know that is a bad provision. Your Honor, can I make just two comments, MR. JACKSON: please? Commissioner Mays made a good point about the bill. The bill was written by some people, and we got it and we've reviewed it. That's when I really started getting into the system. But to change that bill we have to take a small step, and that small step is getting the people we want on the Commission and in a government that is going to work for Augusta, not special interest groups, and that's why we are backing Richard Colclough. Now, I wasn't going to answer or dignify a response to the newspaper. You have three newspapers in Augusta, everyone know what they are. You have to read all three to figure out what's going on and who is trying to manipulate this government. The realtors take most of the white Americans that come here to Fort Gordon to Columbia County, show them the houses in Columbia County first. But when they come across Tobacco Road into the other subdivisions and see how Sandridge is, Pepperidge, Ridge Forest, they move in. Richard is working for everyone. Most of the people on Tobacco Road is about 80 percent black. We have to get away from this race card. Every time we have someone that we want in that position or someone who is not going to go with the good-old-boy system, you play the race card. And I'm not saying that only the newspaper is doing it, but it's printed there. I'm not saying he's doing the editorial on it, but it's there. People like me, the rest of you who are sitting here, have to look at the facts, look at the paper, and make your own decision. I work for the government. They wrote a Page 10 bunch of articles about us. We got a lot of flack for it. Some of it was positive, some of it was negative. But we as Augustans have to move forward and put the right people in the position. That's all. Mr. Mayor, could I make just one statement MR. BEARD: on the record, since it's been such a long debate over this? Mr. Mayor and my fellow Commissioners, I think that we realize--and I think none of us want to make this decision that we're going to have to make in a few minutes. And what I've said, and I've stated this before, but I agree partially with Commissioner Mays in that I think the people have a right out there to make their decision; however, the bill--that has been given to us to do today, and I think we should do it. We've got three good candidates, and I know all of them and I think all of them are capable, and I think we must make that decision. The thing I would like to see done, and I've expressed this before, is that when the delegation goes back to Atlanta in January, I think we should change--ask them for some type resolution to change that provision that we have there so that in case of an event like this happening again the mechanism will be in there so that we can have a special election. And I think all of us agree to that. But we have something before us today that we must do, and I think that we should rise to the occasion and do it today one way or the other. Mr. Chairman, I just have one question for MR. POWELL: information purposes to the County Attorney. If we do make a selection today, when will that person be able to come on board? Will it be immediately or will there have to be a swearing-in process or what will be the process for that? There will have to be a swearing-in process MR. WALL: in the Commission. And the appointment will come from the Governor's Office designating a person to swear that person in, and then he would be sworn in, but it would not occur today. Ms. Morawski? MAYOR SCONYERS: CLERK:Under Election of Officers, an election to fill the unexpired term ending December 31, 1999, of Moses Todd, District Four. What's your pleasure, gentlemen? MAYOR SCONYERS: I move we hire Mr. Wall and send him out on a MR. MAYS: special mission. I think I've stated what's in the motion [inaudible]. Page 11 Do I hear a nomination to fill the MAYOR SCONYERS: unexpired term of Mr. Todd? [No response.] Do I hear anything? [No response.] We can't have a nomination from the floor, can we? No, sir. MR. WALL: Okay. I just wanted to clarify that. MAYOR SCONYERS: Mr. Mayor, while we're waiting on somebody to MR. MAYS: make a nomination, and obviously it won't be me, one of the things I'd also like to say publicly that we do want to discuss with the delegation is that if they don't deal with it from an election form, to at least--since the mayor is elected by everybody, one thing that that would eliminate some of this confusion is that if we may be allowed, Mr. Mayor, in the next process, whether it be you or someone else, but from the position of mayor, to allow that mayor the nominating procedure of making a nomination and have the Commission to affirm or to reject it, and that would cut out a lot of the dog-and-pony show. But you may want to add that to that process, because obviously y'all ain't going to let me hire Jim and send him to do nothing else to deal with that. I still say this provision in here can be whipped. Everything that goes down to say you can get something done and what the law says, if you never challenge it, then you never deal with it. I still think that's a challenge worth mounting, and I don't think it has to be mounted after January. You've got too many people running for Governor, too many folk that don't want to make folk in District Four mad down here in big old Richmond County, and I don't think you've got a judge sitting on the bench in appellate capacity or anywhere else, or the ones we elect around here, that if you took it and somebody walked in and said I want to challenge it and get it totally thrown out. This is a good test case, a real good test case. Ain't nobody making no nomination, I'm putting my motion back out there on the floor. Hell, if we pay Jim a lot of money, we can let him go after this one. It might make you famous. Are you making that in the form of a MR. POWELL: motion? For about the fourth time. Let him review it MR. MAYS: and let us get a rejected opinion back from legislative counsel, let us get a rejected opinion back from the Attorney General, and then we will have exhausted that process. I think we owe these folk that much. I second. MR. KUHLKE: Page 12 We have a motion and a second made by MAYOR SCONYERS: Mr. Mays and Mr. Kuhlke. Ms. Morawski, do you have the motion? To review the process for choosing-- CLERK: MR. WALL:To request an opinion from the Attorney General's Office concerning the-- What about Home Rule? To vote in the MAYOR SCONYERS: Home Rule provision to change the charter to reflect the people being able to elect their representative from the Fourth District. Yes. MR. WALL: Any discussion on the motion, MAYOR SCONYERS: gentlemen? Mr. Kuhlke, as the seconder of that motion, MR. MAYS: would you accept an amendment if I tack on one more thing, that we get this darn thing wrapped up in the next two weeks? If he can. MR. KUHLKE: I'll try. MR. WALL: I'll try to help you. But we can get some MR. MAYS: better thing out of here than the way we've got it written right now. And then if we don't get it, then we come back here on the 25th and we [inaudible]. If it's on us, let it at least be on us, but I think we would have exhausted that process. You know, there's folk calling every day in light of the supporters and petitioners from everybody, there are still people that have asked that we pursue that process to exhaust it to see can we do, and I think we owe that. I just want to ask one question from the MS. SIZEMORE: Pepperidge Neighborhood Association. We have two people here that worked very hard getting signatures on the petition. There was, what, 315 from Pepperidge. We've already voted. We've already expressed what we want. We even went so far as to get some outside of Pepperidge. I mean, looks to me like we've already held the election. Doesn't our opinion count anything? If it's addressed to me, Ms. Sizemore, yeah, MR. MAYS: it does count. But let's be honest about something--and I've probably said more about Richard than I did about anybody else. But from the standpoint of petitions, and whether they number 200, whether they number 300, we've got them floating around everywhere. We've got folk that's calling, and I Page 13 really have probably more there than it is anywhere else. But I think that that process is what I'm trying to establish on a bigger and better scale, and if we don't have that right, then you'd best better believe it does count. And I understand where it is, but I want to--I want to get a little extra work out of Jim because I think we've got some bad law in there. I call for the question. MR. BEARD: Okay. We have a motion by Mr. Mays, MAYOR SCONYERS: seconded by Mr. Kuhlke, to get a legal opinion from the Attorney General. All in favor of Mr. May's motion, let it be known by the usual sign of voting, please. . MOTION CARRIES 9-0 Is there going to be a deadline? Is this MR. JACKSON: opinion going to be back before the Governor is going to appoint this position? Nothing you're doing here is going to stop the Governor's deadline to appoint a person to that position. Now, if we don't have that motion back before the Governor appoints, that means that me in the Fourth District, I got somebody that the Governor appointed that I didn't have any election say-so at all. And I think there should be a deadline on that to get back here before the Governor makes his appointment, if that's going to be the case. Well, I assure you that the letter will go MR. WALL: out either this afternoon, depending on the time the meeting ends, or first thing in the morning by fax. I will contact Mr. Thurbert Baker and Mr. Dennis Dunn by telephone and point out the time parameters that we're operating under, then it will be up to them as far as the response. And I feel confident they will do everything they can to expedite the process, and I'm hopeful that we can get one back. We hold the options in terms of the MR. MAYS: expiration of dates. What specifically is that official date that it goes over into the Governor's hands? Say if we are turned down on an election and we've not made a decision in this Commission, what is that D-date on that, and I think that will be most helpful to everybody regardless of how many supporters so that they know that it's going to be placed back on this agenda. And as the maker of that motion, I promise you I'll put it on there, and I don't have a problem doing it. But I think--Jim, do you know--he's got his calculator out there. That's the same one he [inaudible]. It would be--according to my quick count, the MR. WALL: 45th day falls on Saturday, October the 17th, so you would carry over till Monday, October the 19th, if my counting is Page 14 correct. It's 45 days from September the 3rd, which was a Thursday that he qualified, and upon his qualifying it was vacated. So we have a maximum time then until probably MR. MAYS: somewhere the 14th/15th of October at max before we run the risk of allowing that to happen, I presume. Correct. MR. WALL: Okay. At max. MR. MAYS: Mr. Commissioner, then if it's not carried MR. JACKSON: in the form that you hope it to be, will it go on the next agenda for the Commission meeting? What I wanted to make sure was that--and I've MR. MAYS: been victimized by this deal, too, where you get a no answer and then you turn around and make another decision. That's why I wanted it out in the record as to what is the date before the Governor can be asked to step in. And I think prior to that date--let's just say we don't get a decision. Let's say it gets caught in the back burner of the Attorney General's race. If it doesn't come out, then what I'm in favor of doing is that we go ahead and we make that decision. It may not be what I want to do, but I think before we run that risk and we sit around and wait on a decision to be made, then prior to the Governor stepping in and the General Assembly to ask him to do that, then I think that's where we take it then and go ahead and have to make that decision if they have not answered on it by that time. Could that be put in the order in this MR. JACKSON: meeting with the consensus of your colleagues, and then we can just move forward rather than to come back and debate whether we should or should not if it should come up that way. Since we're dealing with it today and conclude that we should do this, then if we go ahead and put it in the order, then we know what the order is. Mr. Mayor, I call for the order of the day. MR. BEARD: Well, I think he's got a valid point. MAYOR SCONYERS: And I've said--because I asked Bill as the MR. MAYS: seconder on my motion, and I think he agreed that we need to get something back in place. Now, I have said in terms of, say, the next meeting. I want to make sure, though--and I'm open to either one. It can be the next meeting, but I definitely want to make sure that we are not over into the Governor's time on dealing with anything. And I say that in no disrespect. And so I can reword that so that it either can Page 15 be by the next meeting if the decision is in, but no later than a week prior to the Governor stepping in to make the decision. And if Mr. Kuhlke will accept that--that change. Mr. Mayor, first, I'll accept the amendment MR. KUHLKE: to Mr. Mays' motion, but I would like to say this. You know, I've read that bill. I think the bill is our charter. I think we are going to probably get the word back from the Attorney General that we have to stay with that bill at this point and any change has to come from the delegation. But, very frankly, I'm disappointed that we are not making the decision so we can go ahead and tend to our business and put somebody in Mr. Todd's place. And somehow--and there's been a lot of politicking going on, but somehow I feel like we're just shirking our responsibility and putting this off for a while. Mr. Wall, can the Mayor suggest three MAYOR SCONYERS: names and let them vote them up or down since we basically know who we're talking about? You are a member of the Commission, I know of MR. WALL: no reason that you could not suggest names. Then it would be up to them as far as voting on those nominations. Okay. I'm going to put the names of MAYOR SCONYERS: Jefferson, Colclough, and Singleton out. Do we need to vote on them in that order? Yes, sir, you would vote on them in the order MR. WALL: in which they were nominated. Well, would we have to rescind what we just MR. BEARD: did? I was clarifying. The motion did not--it MR. WALL: said to request the Attorney General's opinion, but it did not apparently include postponing a vote. Well, I think we've had these people in MAYOR SCONYERS: here, what, three or four times, and I think it's time we move to do something. And if we don't get enough votes, then we'll have to wait. Are your ready, Ms. Morawski? Yes, sir. CLERK: Mr. Parliamentarian, one thing--and this is a MR. MAYS: point of order. How do you request something from the Attorney General that you've already acted on, if you select a commissioner? Now, I want to get a point of--I think you can make a legal ruling on that. Now, if you pass a motion to Page 16 request on the election process--now, I may get beat down on that part of it, but I think if you're going ahead and request it, we're going to look crazy as the devil. What are we going to do, unseat a sitting commissioner? And I can't see this happening, Jim, that-- MR. BEARD: we have just voted on something to do something, and then we're going to turn around now and [inaudible]. Well, I understand that, but the motion was MR. WALL: to request an opinion concerning the Attorney General. Now, true, it would affect this vacancy, but it would also affect any future vacancy, and it did not include a provision to postpone a decision as it related to this vacancy. Now, that's the motion that was passed. Now, the Mayor-- Well, I think nine Commissioners agreed on MR. BEARD: that, and that's what we ought to stick with. And if that's the decision, then, you know, MR. WALL: y'all can refuse to vote on the nomination or amend the motion or have another motion to postpone the election of the vacancy until that Attorney General's opinion comes back. And I agree with you, I think that was the intent of it, but that was not the motion. Mr. Wall, Mr. Mays' motion was to get a MR. KUHLKE: clarification on one specific point of the bill, if I heard it correctly, and that is whether or not we have the authority through the Home Rule provision to change the process by which a vacancy is filled; is that correct? That was part of it. I think it also was-- MR. WALL: regardless of whether you can change the bill, I think Mr. Mays' point was also that there should be an election, which-- to avoid the use of the term, but, I mean, basically it's a straw poll to see who should be elected. Right, but that would require approval of MR. KUHLKE: the Attorney General that we could do that through the Home Rule provision; right? Through the Home Rule provision or have a MR. WALL: straw ballot question that would be non-binding. Mr. Mayor, one question. The motion I MR. H. BRIGHAM: voted on, I thought the intent was, and Mr. Mays would you correct me, that the election would not be today; that we would try to get some kind of a ruling, whether it's what Mr. Kuhlke said or it was what somebody else probably said. Was the intent of your motion that there still would be an Page 17 election today? If so, I will take my vote back, but I didn't realize that that's what I was voting on. I thought I was voting on today that it would be postponed until we heard something, positive or negative, from the Attorney General. That was my intent. I thought that's why Jim MR. MAYS: was getting his calculator out on getting the days set up by the Governor. And I guess if I hadn't requested him to rule on a point of order or a parliamentary procedure, then we'd be voting out here on a nomination after voting to go ahead and asking the Attorney General to do something, and then they'd be wondering what the stupid people down in Augusta, Georgia, did sending us this and they've already selected somebody. Now, that's what my intent is. Now, if I got to go in there and ask one of the clerks--and ask for a recess to go in there and type out word for word what I intended by all my thoughts, then I'll do that, but I think everybody in this whole room knows what the intention of that was. Now, if there's anything else I need to put in writing on the intent of it, I'll do that, too, but it was not to allow us to deal with going ahead with a vote today. If the motion had failed, we would be voting anyway because we would not have asked for any type of opinion. And I asked then for the clarification on the dates of the Governor's power stepping in. All of those things have been asked, they're a part of those minutes, they're down there on that tape. Now, I don't think that that has to be deciphered into any variation of intent. And if any other colleague has got a question, you know, with it, or if you want to turn around and reconsider the vote, vote it down, that's an option, too. But I just merely put it in that form and those were my intentions. Real simple, we check out what our options are, they are finalized in terms of a so-called higher authority, that's spelled out, and it comes back in plain black-and-white we can or we can't. It won't be an election, we'll have a selection process that's done by this Commission, and we'll do it prior to the date that the Governor's powers kick in. And that's my intent of it and I thought that's what we voted on. MR. SHEPARD:Mr. Mayor, if I could ask the lawyer as the Parliamentarian to tell me if a substitute motion to the nominations to the effect to postpone the elections would now be in order. It would be. MR. WALL: MR. SHEPARD:Then I'll make it. And I'll second it. MR. MAYS: We have a motion by Mr. Shepard, MAYOR SCONYERS: Page 18 seconded by Mr. Mays. Discussion, gentlemen? All in favor of Mr. Shepard's motion to postpone, let it be known by the usual sign of voting. . MOTION FAILS 5-4[MR. BRIDGES, MR. J. BRIGHAM, MR. POWELL AND MR. KUHLKE VOTING NO] I take it the election is not postponed; MR. BRIDGES: is that correct? That's correct. MR. WALL: So we're going to have an election MAYOR SCONYERS: today then; isn't that correct, Mr. Wall? In the order that the names were submitted. MR. WALL: Okay. We are making history. Are you MAYOR SCONYERS: ready, Ms. Morawski? Yes, sir. CLERK: All in favor of Mr. Jefferson, let it MAYOR SCONYERS: be known by the usual sign of voting, please. MR. BRIDGES, MR. J. BRIGHAM & MR. KUHLKE VOTE NO. MR. HANDY, MR. MAYS & MR. SHEPARD ABSTAIN. . MOTION FAILS 3-3-3 Okay. Mr. Richard Colclough. Cast MAYOR SCONYERS: your vote accordingly, gentlemen. MR. BEARD VOTES NO. MR. H. BRIGHAM, MR. HANDY & MR. MAYS ABSTAIN. MOTION FAILS 5-1-3. Okay. Mr. Singleton. Cast your ballot MAYOR SCONYERS: appropriately for Mr. Singleton, please. MR. BEARD, MR. H. BRIGHAM, MR. MAYS & MR. SHEPARD ABSTAIN. MOTION FAILS 5-0-4. I call for the order of the day. MR. BEARD: So in our historic vote we have no MAYOR SCONYERS: vote. Mr. Mayor, might I ask for a point of order MR. MAYS: again since I believe I made the only motion that's passed in this whole process? Do we still refer back to that and go to the Attorney General like I so asked? Page 19 Yes, sir. MR. WALL: Well, that was a done motion anyway, MAYOR SCONYERS: wasn't it, Mr. Wall? Well, it was a done motion, but I think we MR. MAYS: made a dumb one after it [inaudible]. Next item of business, Ms. Morawski. MAYOR SCONYERS: Items 1 through 16 should be considered part of CLERK: the consent agenda for Finance Committee, Administrative Services Committee, Public Safety Committee, Public Services Committee, and under Petitions and Communications. [1. Motion to approve the deed of transfer for one (1) property to the Richmond County Land Bank Authority. 2. Motion to approve request for funding in the amount of $500 for participation by the City of Augusta in the upcoming annual meeting of the Metro Augusta Chamber of Commerce from Commission "Other" account. 3. Motion to approve execution of contracts regarding approval by Governor Miller of an Emergency Fund Grant in the amount of $12,500 to Augusta-Richmond County to assist Metro Augusta Clean & Beautiful, Inc. with providing dumpsters and other necessary tools to low/moderate income neighborhoods. 4. Motion to approve the new policies and procedures for Neighborhood Matching Grant Program. 5. Motion to approve request for Neighborhood Matching Grant Funds. 6. Motion to approve agreement with MCG for student nurses to perform health screenings and give flu shots. 7. Motion to rescind 1996 Emergency Shelter Grant (ESG) for Bethel Outreach Center (BOC) and God's Love Mission (GLM). 8. Motion to approve the Fiscal Year 1999 Proposed Budgets for the Community Development Block Grant Program (CDBG), the Emergency Shelter Grant Program (ESG), and the HOME Program. 9. Motion to approve award of contract for the Lock Replacement at JLEC to R.W. Allen and Associates in the amount of $1,154,850.00. 10. Motion to approve a letter of intent to commit $12,000 as a bid fee to allow Augusta to bid on hosting the 1999 Senior Softball Players Association's World Tournament subject to Parks & Recreation finding funds in 1998 budget, if not funded in 1999. 11. Motion to approve the award bid item #98-170 to Mabus Brothers, Inc. in the amount of $1,266,730 for renovation and improvements to Eisenhower Park and authorize Page 20 $40,000 to be reprogrammed from the Eisenhower Gym Project. 12. N/A (item deleted - Transit property). 13. Motion to approve proposal from Environmental Management Associates to perform Compliance Status Report for associated site work and prepare Compliance Status Report from Municipal Golf Course, HIS NO. 10463, for a fee not to exceed $10,870. Funding from golf course revenues. 13A. Motion to award Parks & Recreation Department's Youth Athletic Photography bid to Goodman Studios subject to specific contract and the approval of the Attorney and Administrator. 14. Motion to approve the regular minutes of the regular Commission Meeting held September 8, 1998. 15. Motion to approve an Ordinance and waive second reading providing for the demolition of certain unsafe and uninhabitable properties in the Turpin Hill Neighborhood: 1106 Sixth Avenue (District 2, Super District 9), 1918 Third Avenue (District 2, Super District 9), 1515 Bleakley Street (District 5, Super District 9); Laney Walker Neighborhood: 1246-48 Florence Street (District 1, Super District 9); and East Augusta Neighborhood: 414 Sand Bar Ferry Road (District 1, Super District 9). 16. Motion to approve an Ordinance to amend Section 6- 7-10 of the Augusta-Richmond County Code regulating taxicabs; to remove the limitation on the number of taxicabs; to provide an effective date.] MR. KUHLKE: So move. Second. MR. H. BRIGHAM: We have a motion by Mr. Kuhlke, MAYOR SCONYERS: seconded by Mr. Brigham, that we accept the consent agenda. Does anybody have any items that need to be pulled on 1 through 16? Does 16 need to be voted on separately? MR. J. BRIGHAM: I'm okay with it being voted on as a part of MR. WALL: the consent agenda because I assume the votes will show votes for each separate one. Discussion, gentlemen? All in favor of MAYOR SCONYERS: Mr. Kuhlke's motion to approve the consent agenda, let it be known by the usual sign of voting, please. Mr. Mayor, I would like to be recorded MR. J. BRIGHAM: as voting no on Items 4 and 5. MR. J. BRIGHAM VOTES NO ON ITEMS 4 & 5. Page 21 MOTION CARRIES 8-1, ITEMS 4 & 5. MOTION CARRIES 9-0, ITEMS 1-3 & 5-16. CLERK:Item 17: Motion to approve Agreements between Augusta and Board of Education and Georgia Department of Transportation for use of inmate work crews. MR. HANDY:So move. Second. MR. SHEPARD: Discussion, gentlemen? All in favor of MAYOR SCONYERS: Mr. Handy's motion to approve, let it be known by the usual sign of voting, please. MR. POWELL ABSTAINS. MOTION CARRIES 8-1. CLERK:Item 18: Motion to approve installation of 12 poles and 30 (400 watt sodium) lights on Damascus Road from Wrightsboro Road to Highland Avenue at a one-time cost of $8,325 for construction and $8,100 per year for utilities, which will be included in the annual budget. MR. HANDY:So move. Second. MR. BRIDGES: Mr. Mayor, I've just got one question. MR. KUHLKE: We're spending $8,000 and then it's going to cost us $8,100 a year to run them? That just sounds kind of weird to me. Yes, sir, that's the estimated cost for the SPEAKER: illumination. Some poles are already there, but there's no lights on them. We've got some poles with no lights and we're going to add 12 additional poles. We have some poles without lights already there. Further discussion, gentlemen? All in MAYOR SCONYERS: favor of Mr. Handy's motion to approve, let it be known by the usual sign of voting, please. . [MR. BEARD & MR. MAYS OUT] MOTION CARRIES 7-0 CLERK:Item 19: Motion to approve authorizing Public Works and Engineering Department to extend an offer of employment to selected candidate for the Solid Waste Manager/Engineer position in the amount of $53,000 annually, plus reimbursement of actual relocation expenses, not to Page 22 exceed $5,000. MR. POWELL:So move. Second. MR. SHEPARD: Randy, is this in line with our study and MR. BRIDGES: our-- It's within the scale. It's not outside MR. OLIVER: the pay range. It's not at the bottom, but it's not at the top either. Mr. Green probably knows exactly what the scale is, if you're interested. I just wanted to make sure we weren't out. MR. BRIDGES: Is there a particular reason this is coming to us for approving that salary? If you recall, when the classification MR. OLIVER: compensation study was amended, administratively you gave us the authority to go 10 percent over the minimum of the range. This is more than 10 percent above the minimum. Further discussion, gentlemen? All in MAYOR SCONYERS: favor of Mr. Powell's motion to approve, let it be known by the usual sign of voting, please. MOTION CARRIES 9-0. CLERK:Item 20: Motion to approve final change order in the amount of $20,780.70 to Blair Construction for work completed on the Barton Chapel Road 20" Water Main Project. MR. POWELL:So move. Second. MR. H. BRIGHAM: Discussion, gentlemen? All in favor, MAYOR SCONYERS: let it be known by the usual sign of voting, please. [MR. HANDY & MR. KUHLKE OUT] MOTION CARRIES 7-0. CLERK:Item 22: Motion to approve final change order from R.B. Baker Construction, Inc. regarding Phase I Constructed Wetlands Project in the amount of $26,747.66. MR. J. BRIGHAM:So move. Second. MR. SHEPARD: Discussion, gentlemen? All in favor, MAYOR SCONYERS: Page 23 let it be known by the usual sign of voting, please. . [MR. HANDY & MR. KUHLKE OUT] MOTION CARRIES 7-0 Did we miss 21? MAYOR SCONYERS: Yes, sir, I did. I'm sorry. I apologize. CLERK: Okay. Thank you. MAYOR SCONYERS: CLERK:Item 21: Motion to approve consent order related to discharge of untreated wastewater caused by Augusta's contractor and payment of monetary settlement of $5,800. To be paid by contractor. MR. POWELL:So move. Second. MR. BRIDGES: Discussion, gentlemen? All in favor of MAYOR SCONYERS: Mr. Powell's motion to approve, let it be known by the usual sign of voting, please. . [MR. HANDY & MR. KUHLKE OUT] MOTION CARRIES 7-0 CLERK:Item 23: Motion to approve proposal from Jordan, Jones and Goulding to perform additional air sampling, modeling, and wet chemistry analysis related to odor control on a time and materials basis at a fee not to exceed $30,000. MR. POWELL:So move. Second. MR. BRIDGES: Discussion, gentlemen? All in favor, MAYOR SCONYERS: let it be known by the usual sign of voting, please. . [MR. HANDY & MR. KUHLKE OUT] MOTION CARRIES 7-0 CLERK:Item 24: Motion to authorize Public Works and Engineering Department to seek proposals for emergency placement of 4' x 6' Box Culvert on Willis Foreman Road near Lace Road. Award to be subject to Administrator's approval. MR. POWELL:Mr. Mayor, I make a motion we approve. Second. MR. BRIDGES: Mr. Chairman, I want to talk about Willis MR. POWELL: Foreman Road here a little bit. Is Jack or Drew present? Page 24 Yes, sir. MR. GOINS: Drew, I know it's not this exact project MR. POWELL: where we had the blowout right down the road from it, but I want to know where we stand on Willis Foreman Road, opening that road back up, because I've seen no action out there as of yesterday. That is this item here. MR. GOINS: Where the blowout is, sir. MR. POWELL: Yes, sir. And we were already taking steps MR. GOINS: under emergency conditions to replace this culvert, and that's already in the process. When will it be completed or passable, Mr. MR. POWELL: Goins? I would estimate 45 to 60 days. We're MR. GOINS: proposing putting in a box culvert, and that requires installation and curing of the concrete before we can backfill on there. Are we talking about having Willis Foreman MR. POWELL: Road down for 45 to 60 days? Yes, sir. We put back in the pipe the last MR. GOINS: three times and it blows out, so that's why we're recommending the culvert be reinstalled. That location has blown out three times in the past. And that's the best we can do is 45 to 60 MR. POWELL: days on a major road? We can try to accelerate the work process, MR. GOINS: but that would make the cost go up. Well, we certainly have a traffic problem MR. POWELL: out there. I've had numerous calls from people who work out on 56 there at the plants and live out there. It's unpassable, and looks to me like we maybe could come up with some kind of temporary working condition there, maybe a steel plate or something, where the people can go over it during the major traffic times. But to just leave that road out of service 45 to 60 days is just--you know, that's going to be hard to swallow there. How about Public Works and I will work MR. OLIVER: together to see if we can't get the contractor, with a reasonable additional cost, to expedite that work. Page 25 Yes, sir, that'll be fine, you know, to do MR. POWELL: that, but the public is really up in arms about that road being blowed out. I understand it's an act of nature, but they're looking to us to repair that road to accommodate that traffic, and it is a major thoroughfare. Further discussion, gentlemen? All in MAYOR SCONYERS: favor of Mr. Powell's motion to approve, let it be known by the usual sign of voting, please. . [MR. HANDY OUT] MOTION CARRIES 8-0 CLERK:Item 25:Motion to approve counteroffer to purchase 4,082.60 sq. ft. for construction and maintenance purposes on the Old Waynesboro Road and Highway 56 Inter- section Improvement Project (Tax Map 157, Parcel 43), which is owned by Maurice Steinberg, for the sum of $4,000. MR. SHEPARD:So move. Second. MR. BRIDGES: Discussion, gentlemen? All in favor of MAYOR SCONYERS: Mr. Shepard's motion, let it be known by the usual sign of voting, please. MR. H. BRIGHAM ABSTAINS; MR. HANDY OUT. . MOTION CARRIES 7-1 CLERK:Item 26: Motion to accept counterproposal and acquire the necessary property for entrance road to South Richmond Recreation Complex at a cost of $16,000 for property owned by the Warr brothers. MR. POWELL:So move. Second. MR. BRIDGES: Mr. Mayor, where is the funding for MR. J. BRIGHAM: this coming from? It's budgeted within the South Richmond park SPEAKER: project. Further discussion, gentlemen? All in MAYOR SCONYERS: favor, cast your vote accordingly, please. . [MR. HANDY OUT] MOTION CARRIES 8-0 CLERK:Item 27: Motion to award low bid to Caldwell Page 26 Tanks, Inc. in the amount of $835,000 regarding construction of a one million gallon multi-leg steel elevated storage tank. MR. SHEPARD: So move. Second. MR. HANDY: Discussion, gentlemen? All in favor of MAYOR SCONYERS: Mr. Shepard's motion to approve, cast your vote accordingly, please. . MOTION CARRIES 9-0 CLERK:Item 28: Motion to award construction contract to the low bidder, Beam's Pavement Maintenance Company, Inc., in the amount of $197,589.40 regarding the extension of a 12" water main along Old Waynesboro Road. MR. HANDY: So move. Second. MR. POWELL: Discussion, gentlemen? All in favor of MAYOR SCONYERS: Mr. Handy's motion to approve, let it be known by the usual sign of voting, please. . MOTION CARRIES 9-0 CLERK:Item 29: Motion to authorize condemnation of 22,279 sq. ft. of permanent easement and 33,746 sq. ft. of temporary construction easement on property owned by John C. Weaver and Sheila T. Weaver (Tax Map 168, Parcel 9). MR. POWELL:Mr. Chairman, I'd like to make a motion that we send this back to Public Works. All of this project that we are trying to condemn for the RCCI trunk line has had counteroffer opportunities. I was called by this individual and they were told that they did not have the same opportunity as the other owners on either side. And I'd also like to, in my motion, direct the Public Works Director to send another negotiator out to the site and send it back to Public Works to bring forward at the next meeting. Second. MR. BRIDGES: Do we have to take this back to a committee MR. HANDY: to do that? Can we add that into it and send the negotiator back and try to negotiate it without coming back to committee? Yes, sir, it can come back to the full MR. POWELL: Commission. Page 27 Right. Could I put that amendment to that? MR. HANDY: It's going to go to committee before it MR. BRIDGES: comes to Commission now anyway. Why would it need to go to a committee to MR. HANDY: negotiate? We don't negotiate, the lawyers negotiate the prices. So what can we do in committee other than what we're doing now, that's what I'm saying. This would go directly back to Public Works, MR. WALL: and depending on the outcome of those negotiations will depend on whether it's brought back before the committee or--it may be resolved. Right. So what I'm saying, Mr. Powell's MR. HANDY: motion was to send it back to Public Works--to the committee or Public Works? Public Works. MR. WALL: To the department, not to our regular MR. HANDY: meeting? Right. MR. WALL: Oh, that's fine. Okay. No problem. Thank MR. HANDY: you. I misunderstood that. Further discussion, gentlemen? All in MAYOR SCONYERS: favor of Mr. Powell's motion, let it be known by the usual sign of voting, please. . MOTION CARRIES 9-0 CLERK:Item 30: Motion to approve Resolution requesting the termination of the Special District Downtown Millage Rate from Augusta, Tomorrow, Inc. MR. KUHLKE: So move. I'd like to make one comment on this. I MR. OLIVER: attended meetings by both Main Street and Augusta Tomorrow. It was apparent that there was no consensus that could be reached. What Augusta Tomorrow suggested was that the amount be refunded this particular year and that next year, as part of the budgetary process, that they be given another opportunity to draw a plan together. One of the things I pointed out to them and I would point out to you, that if property owners within this district desire levels of service above those typically provided, that we are not going to be in Page 28 a financial position to do that. So I don't want people to think that, you know, we're going to terminate that funding and still be able to give them a higher or an increased level of service, because there are some people that may have that expectation. Because if you read the resolution, it says funds will come from other sources, and I just want it perfectly clear that that other source, you know, is not a General Fund source. If they get grants and things like that, that's terrific. MR. KUHLKE:Mr. Mayor, let me amend my motion and just say that this body terminate the special district downtown millage rate. Second. MR. SHEPARD: Forget the resolution. MR. KUHLKE: Mr. Mayor, I think we need to hear from MR. J. BRIGHAM: Mr. Wall [inaudible]. Well, if you terminate the tax, in order to MR. WALL: reimpose it there are certain guidelines that you've got to go through. Another concern that I had, tax bills have already gone out. I received mine on Saturday, I think it was, or Monday. And so, in any event, I had a--it's my understanding that the Tax Commissioner would prefer to send out new bills as opposed to refunding it because the tax bills for that district will include this millage rate. And so with the termination of the tax, I think it's implicit in that, but Mr. Kuhlke may want to add to that that new tax bills go out to the individuals within the affected district to show the correct taxes that are due. I'll accept that amendment. MR. KUHLKE: Accepted. MR. SHEPARD: Mr. Wall, what kind of technicality do MR. J. BRIGHAM: we run into by extending--by setting the millage rate at zero as opposed to just doing away with it? Well, again, if the tax is reimposed at a MR. WALL: future time, there are new statutory requirements, or relatively new in relation to this tax, that would require that the tax be imposed for a limited period of time, which I believe is five years. There are certain hearings that have to be held if the tax is extended, then you've got to come forward with a plan and formally extend the tax. Those requirements were not in place at the time--that process was not in place at the time this tax was originally implemented Page 29 some 20 years ago. I point that out because the process will be different the next time if the tax is reimposed. In my opinion, if you reduce the millage rate to zero, in all probability--if you then next year came back and raised it to one to two mills or whatever, I think there's a valid argument that by reducing it to zero you effectively eliminated it anyhow. So I don't think that you could get around the statutory requirements about a limitation on the time period of the tax and the process that you go through by simply going to zero this year and then coming back next year and increasing the millage rate. I've been here three years, and this is an MR. KUHLKE: opportunity to do away with a tax, I mean tax, and my motion stands. I want to do away with it. This is the first time that I've been on the Commission that we've reduced anything. I just want to ask a question. We are MR. HANDY: talking about taxes for '98 or '99? '98. MR. WALL: Okay. So why are we cutting it off in MR. HANDY: September? Why can't we take it to December and just cut it off and it'll be over with. We were asked, Mr. Handy, if you'll MR. KUHLKE: remember, by Augusta Tomorrow to give them until September the 30th to come back to us with a plan, and they haven't been able to come up with anything. And I think we told them at that time that if they didn't come up with a valid plan, that we would eliminate the tax for 1998 with no continuation of the tax. Right. The reason why I asked that is Jim MR. HANDY: was talking about the tax bills and resubmitting tax bills and all. That's what I was trying to get away with that. Or don't charge them the tax for '98, one or the other. The bills have already gone out, is what MR. KUHLKE: he's saying, for '98. What's been suggested is that we reissue MR. OLIVER: the tax bills for those properties between Sixth and Tenth Street from the river to Greene. How much is that going to cost? MR. HANDY: I would think that's less expensive than MR. OLIVER: issuing a refund check to all those particular owners. Page 30 How can that be when you got to send out the MR. HANDY: mail anyway? And whoever do the letter got to fix the letter, the computer does the checks, so what's the difference in the time it's going to take? Well, if the Tax Commissioner does not mind MR. WALL: doing the work--and I was concerned about that. But we have talked to the Tax Commissioner, the Tax Commissioner feels it would be a better process to simply reissue those tax bills, and I prefer that. I would not like to send out a tax bill knowing that we've collected money that we don't have any use for. Right. I'm not trying to change the system. MR. HANDY: Whatever is easier for you all to handle, that's fine. I was just asking the question. Well, the Tax Commissioner is the one who MR. WALL: would have that responsibility, and he prefers to send out a new tax bill to the affected property owners. So he can send out a new tax bill. That'll MR. HANDY: be fine. I'm not going to try to tell him what to do. And the present motion is to send out that MR. SHEPARD: amended bill that would show a credit? And terminate the district--terminate the MR. OLIVER: special tax district. [inaudible] no tax on that district; MR. SHEPARD: correct? Yes, sir. MR. KUHLKE: Further discussion, gentlemen? You MAYOR SCONYERS: might want to read Mr. Kuhlke's motion so everybody understands it. The motion was to terminate the special district CLERK: downtown tax and ask the Tax Commissioner to send out new tax bills. All in favor of Mr. Kuhlke's motion, MAYOR SCONYERS: let it be known by the usual sign of voting, please. . MOTION CARRIES 9-0 CLERK:Item 31: Appointments to fill two vacant seats on the Region 12 MHMRSA Board formerly held by Dr. LeJeune Hickson and Ms. Jeanette Cummings. Names submitted for Page 31 consideration by the MHMRSA Board are Mr. Andre J. Lloyd and Mr. Jerry W. Peloquin. Appointment of Ms. Dorothy A. Bohler to a two (2) year term beginning September 1998 through June 30, 2000 to replace Ms. Sadie Maguire on the Community Service Board of East Central Georgia. : So move. MR. BEARD Second. MR. SHEPARD: Just one question. The people that they're MR. HANDY: eliminating, their terms are up, they can't be resubmitted, or what happened there? Do we have a representative from Mental MAYOR SCONYERS: Health? Normally when we put people in, they just MR. HANDY: re-put the same people back in or whatever. I see all new people here now. I'm just wondering if the process changed or what happened there. Well, these people were proposed by the MAYOR SCONYERS: Director. Mr. Mayor, it was my understanding they MR. J. BRIGHAM: had resigned from my discussion with the Board of Health I had this week. Mr. Mayor, just a question. I don't have any MR. MAYS: problem with the nominees, I'm sure they're good people, but-- and I may be mistaken on [inaudible] was where we made some appointments in reference to [inaudible]. But there's a certain makeup on that regional board, and I guess if it's coming from the Director, then I guess they made the makeup [inaudible]. But there's a certain breakdown [inaudible] that's there in that composition, and I'm wondering if that has been met. Mr. Mays, I don't know. MR. J. BRIGHAM: And I don't want to [inaudible] we had to go MR. MAYS: back and had to take off a good person, even though we replaced him with another good person, and I just wanted to make sure that was that way. Because they have a spelled out balance, and you have two females coming on that are African- American, and I didn't know whether that was one of those boards with that same type of call for a makeup. And the worse thing you can do is to appoint a good person, then have to turn around and take that person off because they didn't fit the makeup of what was there. We did it very honestly the Page 32 last time, you know, and we got caught in it and had to turn around and rescind it and find somebody else to put in there. I think the best thing to do, Commissioner MR. BEARD: Mays, at this time, I would like to withdraw my motion and use a substitute motion that we check that to make sure that the balance is there prior to approving this. Second. That means you're delaying MR. H. BRIGHAM: this? MR. BEARD:I move that we delay it then. It doesn't matter either way we do it [inaudible] postpone it till the next meeting. And in that we ought to--someone should check-- maybe the Administrator could check this to see whether there's a balance there. If I'm not mistaken, Mr. Mayor, it calls for MR. HANDY: certain qualifications that people have to have. Jim should have all that and know that. And they have to be--we done been through this before. And the thing of it is now, what we're replacing doesn't match up what was already on there, and does it mean that that qualification has changed or what? So that's something, you know-- I'll have to check. I don't know. MR. WALL: Okay. Because, you know, they have to have MR. HANDY: somebody in mental retardation who knows [inaudible] and we had to put a lady on there who had a family member who was-- you know, fit that category. So we have a substitute motion-- MAYOR SCONYERS: actually, the substitute motion is the main motion, by Mr. Beard. And who was it seconded by? I seconded it, but I'll withdraw that MR. SHEPARD: second. Okay. Now, Mr. Beard, in your last MAYOR SCONYERS: motion, who seconded the last one? Mr. Brigham. MR. BEARD: Mr. Henry Brigham. Discussion on Mr. MAYOR SCONYERS: Beard's motion? All in favor of Mr. Beard's motion, let it be known by the usual sign of voting, please. MR. J. BRIGHAM VOTES NO; MR. BRIDGES ABSTAINS. MR. POWELL OUT. . MOTION CARRIES 6-1-1 Page 33 CLERK:Item 32: Appointment of Mr. Butch Gallop to the Citizen Advisory Committee for the Augusta Regional Transpor- tation Study (ARTS) to replace Mr. John Green. MR. HANDY: So move. Second. MR. SHEPARD: Discussion, gentlemen? All in favor of MAYOR SCONYERS: Mr. Handy's motion to approve, let it be known by the usual sign of voting, please. [MR. POWELL OUT] MOTION CARRIES 8-0. CLERK:Item 33: Appointment of Mr. David R. Darby to the ARC Planning Commission. District 10, Commissioner Kuhlke. MR. HANDY: So move. Second. MR. SHEPARD: Discussion, gentlemen? All in favor of MAYOR SCONYERS: Mr. Handy's motion to approve, let it be known by the usual sign of voting, please. . [MR. POWELL OUT] MOTION CARRIES 8-0 CLERK:Item 34: Motion to approve purchase of property at 2136 Grand Boulevard (near the Savannah Place Community Center) from the John Clanton Family for the sum of $21,600 to be used for Recreation Department purposes. MR. HANDY: So move. Second. MR. H. BRIGHAM: Discussion, gentlemen? All in favor of MAYOR SCONYERS: Mr. Handy's motion to approve, let it be known by the usual sign of voting, please. . [MR. POWELL OUT] MOTION CARRIES 8-0 Did we ever get a representative from MAYOR SCONYERS: Planning? Well, Rob Sherman spoke to George Patty, and MR. WALL: neither of the two subdivisions have any part of the property within the floodplain. Does that answer your question, Mr. MAYOR SCONYERS: Page 34 Brigham? Yeah. I just don't understand why MR. J. BRIGHAM: there was such a rush to get these on the agenda, but I'll gone on and [inaudible]. Well, I don't know that there's a rush. The MR. WALL: Planning Commission met yesterday, and I'm assuming these were probably approved there. I don't know that, but you've got, in essence, three weeks before it'll come back and no lots can be sold until these are approved. So there's always a push by the developers to get them approved as rapidly as possible, so I'm sure that's the reason they're coming forward. MR. KUHLKE:I move approval. Second. MR. MAYS: Discussion, gentlemen? All in favor of MAYOR SCONYERS: Mr. Kuhlke's motion, let it be known by the usual sign of voting, please. . [MR. POWELL OUT] MOTION CARRIES 9-0 Item 1? MAYOR SCONYERS: Previously y'all had approved a condition in MR. WALL: the contract that all past due and unpaid ad valorem taxes would be waived on the Olde Town Properties. In the agenda item it says the closing is going to occur tomorrow. In fact, it looks like it will close on Thursday rather than tomorrow. But I think we're finally at the end, and this is one of the conditions, and we're recommending approval. MR. HANDY:So move. Second. MR. SHEPARD: Further discussion, gentlemen? All in MAYOR SCONYERS: favor of Mr. Handy's motion, let it be known by the usual sign of voting, please. . [MR. POWELL OUT] MOTION CARRIES 8-0 CLERK:Item 2: S-227-XIV - PEPPERIDGE SUBDIVISION, SECTION XIV, FINAL PLAT: Request for concurrence with the decision of the Planning Commission to approve Pepperidge, Section XIV, Final Plat. This section is an extension of Colbert Street, Bremen Street, and Brockdale Drive, adjacent to Pepperidge Sections XII and XIII, and contains 23 lots. Page 35 MR. HANDY: So move. Second. MR. SHEPARD: Discussion, gentlemen? All in favor of MAYOR SCONYERS: Mr. Handy's motion to approve, let it be known by the usual sign of voting, please. . [MR. POWELL OUT] MOTION CARRIES 8-0 CLERK:Item 3: S-558 - PLANTATION OAKS SUBDIVISION, FINAL PLAT: Request for concurrence with the decision of the Planning Commission to approve Plantation Oaks Subdivision, Final Plat. This subdivision is located on the north side of Hephzibah-McBean Road, 1.84 miles east of Peach Orchard Road, and contains 24 lots. MR. HANDY: So move. Second. MR. SHEPARD: Discussion, gentlemen? All in favor of MAYOR SCONYERS: Mr. Handy's motion to approve, let it be known by the usual sign of voting, please. . MOTION CARRIES 9-0 Mr. Wall, do you need a legal meeting? MAYOR SCONYERS: Yes, sir. Litigation and real estate MR. WALL: matters. Mr. Wall has asked for a legal meeting MAYOR SCONYERS: for litigation and legal matters. So move, Mr. Mayor. MR. SHEPARD: Second. MR. KUHLKE: All in favor of the motion, let it be MAYOR SCONYERS: known by the usual sign of voting. [MR. BRIDGES OUT] MOTION CARRIES 8-0. [LEGAL MEETING, 3:55 - 4:35 P.M.] The meeting will come back to order, MAYOR SCONYERS: please, gentlemen. MR. WALL:Mr. Mayor, I'd like to add one item to the agenda: to approve payment of legal fee award in the amount Page 36 of $66,348.34, plus accrued interest, resulting from the intervention action filed in the Justice Department's challenge to the consolidation in 1990. So move. MR. BEARD: Second. MR. H. BRIGHAM: Discussion, gentlemen? All in favor of MAYOR SCONYERS: Mr. Beard's motion to approve, let it be known by the usual sign of voting, please. This is to add. To add. MR. WALL: Oh, I'm sorry. This is a motion to add MAYOR SCONYERS: it to the agenda. We're not used to getting out this early and I'm excited. . MOTION CARRIES 9-0 Now we need a motion to approve. MAYOR SCONYERS: MR. HANDY:So move. Second. MR. BEARD: Discussion, gentlemen? All in favor of MAYOR SCONYERS: Mr. Handy's motion, let it be known by the usual sign of voting, please. . MOTION CARRIES 9-0 Motion to adjourn? MAYOR SCONYERS: So move. MR. BRIDGES: All in favor, usual sign of voting, MAYOR SCONYERS: please. . MOTION CARRIES 9-0 [MEETING ADJOURNED AT 4:45 P.M.] 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 Augusta Richmond County Commission held on September 15, 1998.