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HomeMy WebLinkAbout10-05-1999 Regular Meeting Page 1 REGULAR MEETING COMMISSION CHAMBERS October 5, 1999 Augusta Richmond County Commission convened at 2:10 p.m., Tuesday, October 5, 1999, the Honorable Bob Young, Mayor, presiding. PRESENT: Hons. Beard, Bridges, H. Brigham, J. Brigham, Handy, Kuhlke, Mays, Powell, and Shepard, members of Augusta Richmond County Commission. ABSENT: Hon. Colclough, member of Augusta Richmond County Commission. Also present were Ms. Bonner, Clerk of Commission; Mr. Oliver, Administrator; and Mr. Wall, County Attorney. THE INVOCATION WAS GIVEN BY THE REVEREND DONALD R. JORDAN. THE PLEDGE OF ALLEGIANCE WAS RECITED. Mayor Young: Madame Clerk, let’s take a look at any additions or deletions, please. Clerk: Yes, sir, Mr. Mayor, members of the Commission. For the record, Mr. Colclough will not be in attendance at today’s meeting. Deletion Agenda: Item 36: Motion to approve ordinance to amend the Augusta-Richmond County Code to regulate the commercial transportation of refuse, and to adopt the State Code provision concerning the transportation of hazardous wastes with an effective date of July 1, 2000. Item 39: Motion to suspend (revoke) the business tax certificate of Dizzy Chicken for failure to comply with request for information by the Human Relations Commission. Addendum Agenda: Item 1: Motion to approve acceptance of a grant application in the amount of $46,400 from the Governor’s Children and Youth Coordinating Council. Item 2: Authorize Mayor to sign contract with Central Steel Building Systems in the amount of $43,477 to construction a pre-engineering building, frame and roof for the Sheriff’s Evidence Storage Building (best bid meeting specification). Mayor Young: I might say, in respect to Item 36, that Page 2 recommendation came from our Clean Up Augusta Task Force, Mr. Tanzymore’s group, and Mr. Tanzymore was unable to be with us today to personally speak to this, and so we’ve asked that that be put off for two weeks until the next meeting. Mr. Kuhlke: I so move that we add and delete. Mr. Shepherd: Second. Mayor Young: Motion and second. Any discussion? Mr. Mays: Mr. Mayor. Mayor Young: Yes, Mr. Mays. Mr. Mays: Item 39, that’s postponed because of the parties involved or has that been resolved? Mr. Wall: It’s been resolved to the satisfaction of Mr. Thomas. Mayor Young: Any other discussion? All in favor of the additions and deletions, please vote aye. MOTION CARRIES 8-0. Clerk: Under the consent agenda, Items 1 through 35. Consent agenda, Items 1 through 35. And for the benefit of any objections, I will read the zoning petitions. Item 1 is to approve a petition to consider an amendment to several sections of the Comprehensive Zoning Ordinance regulating hotels and motels. Item 2 is a petition to consider amendment to several sections of the Comprehensive Zoning Ordinance related to permitted uses. Under our applications for liquor is to approve a retail package liquor, beer and wine license to be used in connection with McBean Package Store, located at 4274 Mike Padgett Highway; application for retail beer and wine license to be used in connection with Pack-N-Go Convenience Store located at 1649 Olive Road; a beer and wine license to be used in connection with Kernodle’s Party Center located at 1061 ½ Stevens Creek Road; and also for a package liquor license at 1061 Stevens Creek Road. Are there any objectors? No objectors noted, Mr. Mayor. PLANNING 1. Request for concurrence with the decision of the Planning Page 3 Commission to approve a petition from the Augusta Richmond County Planning Commission to consider an amendment to several sections of the Comprehensive Zoning Ordinance regulating hotels and motels. 2. Request for concurrence with the decision of the Planning Commission to approve a petition from Augusta Richmond County Planning Commission to consider an amendment to several sections of the Comprehensive Zoning Ordinance related to permitted uses. FINANCE: 3. Motion to approve statement for payment of $2740.00 to the Law Office of Warlick, Tritt & Stebbins for professional services rendered on behalf of the Downtown Development Authority funded from General Fund Contingency. 4. Motion to approve the “Augusta Utilities Billing and Collection Policy.” ADMINISTRATIVE SERVICES: 5. Motion to approve the petition for retirement on Larry Smalley. 6. Motion to approve the petition for retirement on Clarence H. Tuten. 7. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable properties in the Laney-Walker Neighborhood: 819 Ninth Street (rear building), 1319 Holley Street (District 1, Super District 9), 1305 Florence Street (District 2, Super District 9); South Augusta Neighborhood: 308 Sims Avenue, 330 Sims Avenue (District 2, Super District 9); 3504 Buckner Drive (District 4, Super District 9); West End Neighborhood: 1456 Reynolds Street (District 1, Super District 9) and nd waive 2 reading. 8. Motion to approve a pro-rated salary increase for employees who were hired after 9-20-98 and above the minimum of the salary range. 9. Motion to approve upgrading (2) Sergeant positions to Lieutenant positions and eliminate (1) Captain’s position and reduce number of Sergeant positions from 12 to 10. 10. Motion to authorize and approve the position and advertisement to hire a Project Manager for One Percent Sales Tax Project for the Public Works and Engineering Department. ENGINEERING SERVICES: Page 4 11. Motion to approve revised Governor’s Discretionary Fund State Grant No. 99EPD-SW-13 contract in the amount of $20,000 between the Environmental Protection Division of the Department of Natural Resources and Augusta Richmond County for illegal dump investigations and adopt the resolution approving the contract. 12. Motion to accept counteroffer option to purchase easement from Georgia Power Company (Tax Map 20.3), Parcel 136) of the Bedford Heights Waste Water Collection System Project and approve encroachment agreement. 13. Motion to authorize condemnation of 625 sq. Ft. right-of- way and 1,000 sq. ft. of permanent easement (Tax Map 69.4, Parcel 40) in connection with the Mason Road Culvert Project which is owned by Eugene Woo, Jr. 14. Motion to authorize condemnation of the following parcels in connection with the Willis Foreman Road Drainage Improvement Project: Tax Map 178, Parcel 65 - Tammra Nelson Marsh; Tax Map 178, Parcel 66 - Prince Watson, Jr., and Lea Linda Watson; Tax Map 178, Parcel 15 - Robert L. Bledsoe and Sun I. Bledsoe; and Tax Map 178, Parcel 14 - Wayne Frazier and Gloria J. Frazier. 15. Motion to approve Change Order Number One in the amount of $15,775.00 and Capital Project Budget Amendment Number Three (CPB# 323-04-296823906) to move funds from project contingency to construction account for the McCombs Road, Section II Project, Special One Percent Sales Tax, Phase III. 16. Motion to approve Capital Project Budged Number 323-04- 299823595 and engineering proposal from W. R. Toole Engineers, Incorporated in the amount of $91,000 for the Bungalow Road Improvements Project to be funded with funds programmed for this project in Special One Percent Sales Tax, Phase III. 17. Motion to approve engineering contract with Cranston, Robertson & Whitehurst in the amount of $21,320 for design work to be done in association with the 60” Raw Water Main to improve the Summerville area water system. 18. Motion to approve the “Augusta Utilities Billing and Collection Policy.” 19. Motion to approve property purchase in the amount of $33,500.00 for 1.03 acres off Morgan Road for the 20” Transmission Line & 5MG Storage Tank Project. 20. Motion to approve changing pavement patch requirements for Bedford Heights Wastewater Collection System and Water System Improvement Project. 21. Motion to approve drainage and utility easement abandonment along rear property line at 3127 Damascus Page 5 Road. PUBLIC SAFETY: 22. Motion to approve Purchase of Services Grant between Augusta Richmond County and Council of Juvenile Court Judges for Juvenile offenders. PUBLIC SERVICES: 23. Motion to approve recommendations for picnic shelter improvements at Woodlake Park. 24. Motion to approve a request by Susan Faircloth for a retail package liquor, beer & wind license to be used in connection with McBean Package Store located at 5274 Mike Padgett Highway, District 8. 25. Motion to approve a request by Jennifer Koller for a retail package beer & wine license to be used in connection with Pak-N-Go Convenience Store located at 1649 Olive Road. District 5. 26. Motion to approve a request by Junie Kernodle for a retail package beer & wind license to be used in connection with Kernodle’s Party Center located at 1061 ½ Stevens Creek Road. District 7. 27. Motion to approve a request by Junie Kernodle for a retail package liquor license to be used in connection with Kernodle Package Shop located at 1061 Stevens Creek Road. 28. Motion to approve amendment to Environmental Protection Division (EPD) Scrap Tire Education Grant. 29. Motion to approve a lease - purchase contract with Stovall Turf and Industrial, Inc. in the amount of $4,125.05 for thirty-six (36) months for various golf course maintenance equipment. PETITIONS AND COMMUNICATIONS: 30. Motion to approve the minutes of the regular meeting of the Commission held September 21, 1999. 31. Motion to approve accepting the letter of resignation from Edward Sheehan, III, Chairman of the Community Service Board of East Central Georgia effective September 30, 1999. APPOINMENTS: 32. Ratify the following Legislative appointments: Sheriff’s Merit System ? Mr. Carey Martin ? Mr. Earl Rhodes Page 6 Augusta Canal Authority ? Mr. Turner Simkins ATTORNEY: 33. Motion to approve an Ordinance to amend Augusta-Richmond County Code §1-7-51 to amend the Personnel Policies and procedures; to provide for mandatory termination of an employee who commits theft of Augusta-Richmond County property; to provide an effective date; and for other purposes. 34. Motion to approve an Ordinance to amend Title 1, Chapter 4 of The Augusta-Richmond County Code entitled “Boards and Authorities” so as to prohibit membership on multiple Boards, to provide qualifications for members to provide for removal for failure to attend meetings; to repeal conflicting Ordinances; to provide an effective date; and for other purposes. Version I - No Action Vote Version II - No Action Vote Version III - Affirmative Vote Version IV - No Action Vote 35. Motion to approve an Ordinance designating the Summervills Neighborhood as a Historic District; to ratify and confirm previous actions of the City Council of Augusta in designating said district as a Historic District as of December 19, 1994; and for other purposes. Mr. Powell: I move for approval of the consent agenda. Mr. Handy: Second. Mayor Young: Motion and second. Any discussion? All in favor, please vote aye. MR. H. BRIGHAM OUT. MR. SHEPARD ABSTAINS ON ITEM 31. MOTION CARRIES 7-1 ON ITEM 31. MOTION CARRIES 8-0 ON ITEMS 1-30 AND ITEMS 32-35. Mayor Young: I thing there was at least one person and there may be others who were here to speak to the ordinance proposing the regulation on the trash haulers and I just wanted to let you know that we have put that item off until the next meeting. We’ll take it up in two weeks. So you’re free to stay with us and join us for the meeting this Page 7 afternoon, but if you’re here for that item we’re not going to be taking that up today. I just wanted to make sure that was clear. Clerk: Mr. Mayor, I’m sorry, there was also a Mr. Watson, Prince Watson. Clerk: Item 37: Consider sponsorship of one (1) or two th (2) tables (of ten each) for the 38 Annual Meeting of the CSRA Regional Development Center at a cost of $250.00 per th table scheduled for October 11. Mr. Oliver: There’s approximately $1,800 in the “Commission Other” account. Mayor Young: What’s your pleasure, gentlemen? Mr. Powell: I move that we purchase--you’re getting ten tables at $250 apiece? Is that the way I read this? Mr. Oliver: No, one or two. Mr. Powell: Motion to approve two tables. Mr. H. Brigham: Second. Mr. Oliver: With funding from “Commission Other”? Mr. Powell: Yes. Mayor Young: Was there a second? Okay, we have a second. Discussion. Mr. Beard? Mr. Beard: My point would be to determine how many people are going to this, because some of the times we are buying two to three tables and people are not in attendance. I don’t know whether the motion, the maker of the motion would amend that to getting the necessary tables? Mr. Powell: I would accept that as an amendment, Mr. Beard, if the Mayor would like to make an amendment to take it out of his contingency fund, rather than the “Commission Other” I’ll accept that. Mayor Young: What you want to do is buy up to two tables, if needed? Mr. Beard: Yes. To me, that would make a little more Page 8 sense. Just deleting a whole fund, that’s what you’re about to do. Mayor Young: Well, it’s getting close to the end of the year. You get to start over again in January. Any further discussion? All in favor, please vote aye. This is Mr. Maund’s retirement meeting, so it would be good to have a good showing of the Commissioners that night. MOTION CARRIES 9-0. Clerk: Item 38: Motion to authorize the Mayor to execute contract with the Department of Community Affairs subject to the approval of the Attorney and the Administrator for the Governor’s Emergency Fund Grant Award to the 100 Black Men of Augusta Inc. Mr. Mays: I so move. Mr. Shepard: Second. Mayor Young: Motion and second. Any discussion? All in favor, please vote aye. MR. POWELL ABSTAINS. MOTION CARRIES 8-1. Clerk: Item 40: Consider an Ordinance to amend the Augusta-Richmond County Code to add to Title 1 Chapter 1, a New Article 2 to provide for Code of Ethics for employees and The Augusta-Richmond County Commission; to renumber Augusta- Richmond County Code § 1-1-11; to prove definitions; to establish a Code of Conduct; to provide sanctions; to repeal conflicting laws; and for other purposes. Mayor Young: This is the item that I asked to be put on the agenda for a couple of reasons. I think what brought it to a head was the Grand Jury report that questioned the relationships between Commissioners and a City vendor or potential vendor. The Georgia Municipal Association has urged all cities, all more than 400 member cities, to undertake codes of ethics. We have a code of ethics already on the Ordinance, State law has a code of ethics for public officials, but if they were effective the Grand Jury wouldn’t be calling into question certain actions or anticipated actions by Commissioners. What I have done is taken the executive order written by Governor Roy Barnes for the Page 9 employees of the Executive branch of State government and applied it to the employees, the Commissioners, and the Mayor, and our appointments to boards and commissions, applying those same standards, with two exceptions: No. 1, in the case of elected officials, that there is no problem with receiving a lawful contribution, and the second one is that promoters of events would continue to be allowed to provide tickets to those events to the Commissioners. So I put this on the table and it’s up for any discussion or consideration that you may have for it. I would encourage you to embrace this, indeed as we try to raise the moral standard of this community and improve the image of this Commission, throughout this community, I think the more we can do to show the people in Augusta that we are indeed thoughtful and reflectful public officials, to do what’s best for the city, that a code of ethics shouldn’t scare us off or we shouldn’t be offended by it at all. Mr. Powell? Mr. Powell: I agree with you that we probably need to look at this ordinance and maybe we do need to improve the image of both the Commission and the Mayor, as far as the ethics are concerned. But I think what we need to do is take this ordinance and go over it and let the Commission have some input in it. This ordinance has been drafted up and just So what I’d like to do is make a really been handed out. motion that we send it back to the Administrative Services Committee for amendment and some further study. I definitely agree with everything you say. I think that we probably do need to again make sure that the public knows that the Commission and the Mayor would like to improve its image. Thank you. Mayor Young: Thank you, Mr. Powell. Is there a second? Mr. Shepard: I second that motion, Mr. Mayor. Mayor Young: The motion is seconded. Mr. Kuhlke? Mr. Kuhlke: Mr. Mayor, let me ask this question. I know that we have this ethics ordinance before us here. It’s my understanding that you have some ideas of maybe doing something in regards to vendors or lobbyist or whatever; is that correct? Mayor Young: That’s correct. Mr. Kuhlke: And I ask the maker of the motion, Mr. Powell, I ask the Mayor, I think he’s anticipating developing Page 10 another ordinance in regard to lobbyists, vendors, or whatever, and rather than just confine this to the ethics ordinance in regards to the elected officials and employees, it may be so that we could expedite getting this done if the Mayor submit that ordinance back in conjunction with the one that’s already on the table for the Administrative Services to come back to us at one time. Is that an appropriate request, Mr. Mayor? Mayor Young: That would be fine. I, for one, don’t see the purpose of sending this to a committee, though. I mean I don’t know what you’d want to do to water it down. I think it’s pretty clear what you can do and what you can’t do under the ethics ordinance, and if you want to send it back to revise it, I don’t know what you’d want to do except pull things out and put more prohibitions in here. Do you want a stricter ethics ordinance. Mr. Powell: Well, Mr. Mayor, that’s a strong possibility, that we may want to strengthen it, not water it down. And Mr. Kuhlke, I’d be glad to accept your amendment to my motion. Mayor Young: With respect to the ordinance Mr. Kuhlke is talking about, this is one that would apply to lobbyists and it would actually be an amendment to the ordinance that governs the purchase of procedures and not ethics, so the two issues are quite unrelated in the big picture. Mr. Mays? Mr. Mays: Mr. Mayor, I have no problem at all with the concept or the reality of an ethics ordinance. I think the records will reflect, no. 1, this is not the first time we’ve had an ethics ordinance before us. Mr. Todd worked closely, and the ACGG Committee that worked with that, proposed one some time ago, and I believe I seconded the motion in order to get it on the floor. So we’re dealing actually with ordinance no. 2. But I agree with Mr. Powell. It may not mean watering it down, it may mean strengthening it up. And I think before we put this into law, I think some of us need to have a chance to put some things both orally and in writing to Mr. Wall as the actual person putting this together on paper, because I do think that even though we have a purchasing ordinance, there are so some things about ethics that we’re going to talk about, the Grand Jury, where the ethics of us and the ethics of vendors need to be co-mingled, per se. And I think the possibility of even penalizing vendors as well as us, whether we solicit them or they solicit us, and if it’s a case of open solicitation by either party and it’s a violation of it, then maybe the penalty may need to be not doing business with the Page 11 City for a prescribed amount of time. And I think that brings about an answer to which came first, the chicken or the egg, or who solicited who. Now I think there are some things that I would also like to see Mr. Wall, and I plan to deal with that in writing, and this is not argumentative, but I think if there are questions specifically related to Commissioners, that we need to clear out in dealing with ordinances and what crosses the line, maybe we need to have a separate ruling from the Attorney General on some things, and I do plan to address that in writing to you, so that it takes the City Attorney, Mr. Mayor, off the spot in making that ruling in reference to you or any of us. And we have a neutral body that will decide that from an attorney’s point of view as to what does conflict. I don’t think we ought to be in the business that if we’re going to get serious about ethics, about picking and choosing, and to be hypocritical of what we’re throw in an ordinance in reference to certain tickets and what we don’t throw in in reference to certain other parties. So I think we’ve got a little bit of talking to do, but I do applaud you in terms of bringing it forward. I do plan to vote for one. But I think we need to have a little more input and questions related to what’s going to go into law, because when we make this a part of City government, it ought to be loud and clear as to what goes. And if that means strengthening it up, this Commissioner has no problem with that. I don’t think we do business with anybody in this county in my relationship that sell caskets, conducts funerals, sells vaults. I don’t have that problem. So you can make it as strong as you want it to be, and I think I’ve stood that time. I came here in 1979, and I haven’t let it cross my path yet, don’t intend to start. So that’s not a problem with me. But I think it ought to be clear when we make it into law, where we’re going with it. Thank you, sir. Mayor Young: Thank you, Mr. Mays. Anybody else? We have a motion and a second to send this to committee. And in deference to Mr. Kuhlke, I’ll go ahead and send that proposed ordinance along with it. All in favor of sending this to committee, please vote aye. MOTION CARRIES 9-0. Mayor Young: Next item? Clerk: Item 41: Discussion Commission hearing employees’ final termination. Mr. Mays, do you still want that in? I didn’t get a Page 12 chance to talk with you. Mr. Mays: I’m willing to respect the Committee process on that, and I’ll take the blame if I didn’t communicate that to you personally. What happened, when I was not here and it got to that item, I came in late on the meeting, we had agreed that this was an item in the overall process of going back to Mr. Oliver and to the HR director, I believe, in terms in what they were trying to put together, in reference to not only Grand Jury findings but the overall situation regarding personnel, and I have no problems with that going into Administrative Services as a part of what goes in there. But I just didn’t want it to go back and we discussed about what may or may not happen with the Personnel Board, when this is an issue, and my main reason for putting it on is just to throw out the thought, is that with some changes, if we had an appellate body, Mr. Mayor, that one time where the so-called, and maybe that was a bad name for it, public trial, per se, that this was the last stop headquarters. Maybe we might want to have the situation whereby we can either agree to hear those cases or not hear those cases, and not only would it protect the situation in reference to employees, but if you had the Administrator who had a ruling that he felt was arbitrary that came out of the Board, it would also give him the right to come back to this body and ask us to have the final say on it, and that’s all that I want to have some discussion, that it goes into the Committee process and that that have a chance to be discussed, and I hate to deem it in terms of being questioned, but I think a lot of the ruckus that we went over and get into this whole thing about what came out with Personnel, if that had been a decision whereby he had had--and I say he in reference to the Administrator--a different route of a final say, then maybe that could have been handled and it could have been settled and caused a lot of unnecessary grief to have been washed away. And it’s just a matter of having it in the process, not necessarily to use, but talk about whether or not we want to have it in and whether or not we want to return but in a different way so that it can be heard or not and that both sides, both employee as well as administration can have a chance to appeal to this body. We can vote it up or down and agree to hear or not to hear. And that’s the only thing I’d like to see to go back into the committee process for some form of discussion, and I respect the committee process and agree that we take no decision on it and that it be sent back to them if that’s okay. Mr. Shepard: Mr. Mayor, I move we send this back to the Page 13 Administrative Services Committee. Mr. Handy: Second. Mayor Young: Motion and second. Further discussion? Mr. Oliver: I would note that we’re in the process of revising the Personnel Policy and Procedures as directed, as was mentioned previously, so I would suggest that this be incorporated in that process and be discussed along with that, which would obviously come to Administrative Services. Mr. Shepard: I accept that recommendation of the Administrator. Mayor Young: Any further discussion on the issue? All in favor, please vote aye. MOTION CARRIES 9-0. Mayor Young: The addendum? Clerk: Addendum Item 1: Approve acceptance of a grant application in the amount of $46,400 from the Governor’s Children and Youth Coordinating Council. Mr. Handy: I so move. Mr. Shepard: Second. Mr. Oliver: With a match to be made by others. Mayor Young: All in favor, please vote aye. MOTION CARRIES 9-0. Mr. Kuhlke: Can I ask a question? Mayor Young: Yes, Mr. Kuhlke? Mr. Kuhlke: What is this money for? Where does it go? Clerk: To the Augusta Community Partnership. Mr. Kuhlke: What is that? Clerk: Mr. Handy serves as our liaison person. Page 14 Mr. Kuhlke: What is it, Mr. Handy? Mr. Handy: That’s Mrs. McKenzie, down here in the Knox building. Her program. It works with after school program, as well as kids, MCG, medical. Works with a lot of stuff. Mr. Kuhlke: Okay. Mr. Handy: But it’s a legal-- Mr. Kuhlke: I hope it’s legal. Mr. Handy: It’s a legal entity in order to accept money, but it’s state money and everything, everybody around here thinks everything is illegal, and it is legal. Mayor Young: Mr. Kuhlke tried to sidetrack our voting there. Mr. Kuhlke: Good explanation. Clerk: Addendum Item 2: Authorize Mayor to sign contract with Central Steel Building Systems in the amount of $43,477 to construction a pre-engineered building, frame and roof for the Sheriff’s Evidence Storage Building (best bid meeting specification). Mr. Handy: I so move. Mr. Powell: Second. Mayor Young: Motion and second. Any discussion on this item? Mr. Kuhlke: Just one question I’ll ask the Sheriff. If I’m reading this correctly, why wasn’t the low bid taken? Sheriff Webster: There’s got to be some work here before final work is complete. We’ve got to pour a slab and we’ve got to come in and do some work there so we can put down what you call [inaudible], which is in your line of business, so the foundation, it needs to be done first before we can pour that slab. Mr. Kuhlke: Okay. Mr. Wall: Mr. Kuhlke, I think in talking with the Sheriff, this is deemed to be the best bid because of the Page 15 coordination because the Sheriff’s department does a lot of the work themselves, and also I understand there’s a better warranty with this company. Sheriff Webster: [inaudible] will be doing 90 percent of the work. We can’t do that steel work, though. Somebody else has to do it. Mr. Kuhlke: Thank you. Mr. Oliver: And I would note that the Purchasing Department called, and I think it’s a technicality, and indicated that this particular bidder didn’t acknowledge but we don’t see it as a big issue, addendum no. 2, and that’s not a big issue, but it would be subject to them acknowledging no. 2. Mayor Young: Any further discussion? We’ve got a motion and second. All in favor, please vote aye. MOTION CARRIES 9-0. Mayor Young: Mr. Wall, I think we’ve come to you. Mr. Wall: Mr. Mayor, in addition to the two items that are on the agenda are a sludge litigation and discuss possible settlement, I would also like to add one item that was on the agenda from last time, the Old Waynesboro Road water treatment facility and discuss the purchase and acquisition of that site. I’d like to add that, so there would be three items. Mr. Shepard: I move we go into legal session, Mr. Mayor, for the purposes stated by the Attorney, including the additional purpose. Mr. Handy: Second. Mayor Young: All in favor, please vote aye. MOTION CARRIES 9-0. Mayor Young: While we go into legal session, I’ll just make an announcement. We were in touch yesterday with the Governor’s office and the Office of Consumer Affairs is investigating 11 motels in Augusta for price gouging during Hurricane Floyd. (LEGAL MEETING, 2:35 - 3:20 P.M.) Page 16 Mayor Young: We come back to order. We recognize Ms. Michelle Servy as she goes around to the Commissioners and gives them a pink ribbon to acknowledge Breast Cancer Prevention Month, which is October. We do two things at once. Are there any additions to the agenda? Mr. Wall: Mr. Mayor and the Commission, I need to add two items. One is to add consideration of a motion to accept the counterproposal--let me take them in order. Motion to approve settlement of Charles and Lynn McDonald claim for the sum of $20,000. This arises out of the rupture of the 42” water line. The second one is motion to accept the counterproposal from Leonard McKeller for $39,700 to acquire 3.97 acres for the Old Waynesboro Road water treatment facility. Mr. Shepard: Mr. Mayor, I move to add and approve both items as recommended by the Attorney. Mr. Handy: Second. Mayor Young: Motion to add and approve both items. Any discussion? All in favor, please vote aye. MOTION CARRIES 9-0. Mayor Young: And we have the certification. Motion to approve authorization for Mayor to execute affidavit of compliance with Georgia’s Open Meetings act. Mr. Handy: I so move. Mr. Shepard: Second. Mayor Young: All in favor, please vote aye. MOTION CARRIES 9-0. Mayor Young: Is there any further business to come before the Commission? We’ll entertain a motion to adjourn. Mr. Kuklke: I so move. Mr. Handy: Second. Page 17 Mayor Young: We are adjourned without objection. (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 Augusta Richmond County Commission held on October 5, 1999. Clerk of Commission