HomeMy WebLinkAbout12-07-1999 Regular Meeting
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REGULAR MEETING COMMISSION CHAMBERS
December 7, 1999
Augusta Richmond County Commission convened at 2:03 p.m.,
Tuesday, December 7, 1999, the Honorable Bob Young, Mayor,
presiding.
PRESENT: Hons. Beard, Bridges, H. Brigham, J. Brigham,
Colclough, Handy, Kuhlke, Mays, Powell, and Shepard, members
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 MARTIN.
THE PLEDGE OF ALLEGIANCE WAS RECITED.
PRESENTATION
Proclamation
Augusta Heat
Mr. Oliver: Far too frequently, we fail to recognize our
own. We always go outside of the community and we hire
consultants that come in and people come in from the outside
and they tell us what time it is, as I say, with out watch.
Today we’d like to recognize one of our Department Directors,
Ms. Geri Sams, for being nominated for the “Woman of
Excellence” Award by the League of Women Voters. While she
did not win the award, she was in close contention for it, and
I think we get a lot of negative publicity sometimes and we
also need to focus on the positive things that we do, and with
that, I’d like to recognize Geri Sams and congratulate her on
being nominated for that award.
(A round of applause is given.)
Ms. Sams: Well, Mr. Oliver knows that I’m never without
words, but I’d like to thing the women who have given me this
recognition today. I would also like to thank all of my
colleagues for giving me the respect of being one of the
Department Directors for Augusta-Richmond County, because we
are in place and we are a group of people who look forward to
going to the next millennium, taking the City of Augusta where
it needs to be, taking it beyond the population of being the
second largest city in the state of Georgia to the best city
in Georgia. Thank you.
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Mr. Oliver: I would note that through Geri’s efforts, we
have gone from what I call a hodge-podge purchasing system to
an electronic purchasing system, which I don’t think most of
the businesses in the community or in the nation can
attribute. We can do purchase orders in Recreation and Parks
electronically now, the requisition goes right into the
computer, it goes right down into the Purchasing office and we
don’t do the manual paper now that we once did, and frankly
when Geri took over, only about half the things that we ever
bought had purchase orders anyway. And now we have tight
control on that, and that was one of the things that the Grand
Jury was quite complimentary about, the sophistication and the
controls without our purchasing system.
Mayor Young: Thank you, Mr. Oliver. We might also
mention for the record we have Commissioners-Elect Andy Cheek
and Marion Williams joining us at the meeting today.
Clerk: Under the addendum agenda:
Deletions from the agenda:
Item #33: We ask that item #33 be deleted which was
placed on the agenda in error.
Item #56: A request by Mr. Ed Stalnaker, would ask for a
continuation of the hearing. He’s trying to work with
Historic Preservation Commission to come up with a resolution
regarding this particular issue.
Additions to the agenda:
Item #1: To award the contract to J.S. Haren in the
amount of $1,665,000.00 for construction of the tank and pump
station at Morgan Road ($1,000,000 from Account #508043410-
5425110 and $665,000.00 from Account #507043410-
5425110/89900240-5425110).
Mr. Kuhlke: I so move.
Mr. Colclough: Second.
Mayor Young: Motion and second. Any objection? The
addendum agenda is adopted.
MOTION CARRIES 10-0.
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Clerk: Under our consent agenda, 1 through 49:
FINANCE:
1. Motion to authorize Fleet Management to sell one (1)
excess Police vehicle to the City of Tennille, Georgia.
(Approved by Finance Committee November 29, 1999)
2. Motion to authorize Fleet Management to sell four (4)
excess Police vehicles to the City of Sandersville,
Georgia. (Approved by Finance Committee November 29,
1999)
3. Motion to accept the 1998 Audited Annual financial
Statements. (Approved by Finance Committee November 29,
1999)
4. Motion to approve Resolution exercising option to extend
term of Public Purpose Lease with Richmond County Public
Facilities, Inc. for a period of one year. (COPS issue)
(Approved by Finance Committee November 29, 1999)
5. Motion to approve refund of 1996, 1997 and 1998 taxes in
the amount of $207.49 to Savannah River Taxidermy for
overpayment of taxes on Account 2027489. (Approved by
Finance Committee November 29, 1999)
ADMINISTRATIVE SERVICES:
6. Motion to approve the observance of January 1, 2000 on
December 31, 1999. (Approved by Administrative Services
Committee November 29, 1999)
7. Motion to approve 2000 Employee Holiday Schedule.
(Approved by Administrative Services Committee November
29, 1999)
8. Motion to authorize payment of $4275.94 to employees in
the Clerk of the Civil & Magistrate Court’s Office
because of improper work scheduled adopted by the
Supervisor without consulting with Human Resources Dept.
and transfer funds from General Fund Contingency.
(Approved by Administrative Services Committee November
29, 1999)
9. Motion to approve extension of contract for Pollock
Office Services for two-year period with no increases in
copier fees as stated in the terms of the original
contract. (Approved by Administrative Services Committee
November 29, 1999)
10. Motion to approve of an Architectural and Engineering
Services Agreement in the amount of $13,000 for the
renovation of New Hope Community Center. (Approved by
Administrative Services Committee November 29, 1999)
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11. Motion to approve the reclassification of the Deputy’s
position in the Marshal’s Department to Lieutenant and
authorize salary supplement to Administrative Assistant
in the amount of $212.13 per month for eight (8) months
and authorize new Secretary I position at a cost of
$12,359 as a result of additional duties with the
understanding that positions and supplements are
eliminated if the grant is not renewed. (Approved by
Administrative Services Committee November 29, 1999)
ENGINEERING SERVICES:
12. Motion to approve of the Deeds of Dedication, Maintenance
Agreements and Road Resolutions submitted by the
Engineering and Utilities Departments for Quail Ridge,
Phase 4 with special condition. (Approved by Engineering
Services Committee November 29, 1999)
13. Motion to approve and accept the Deed of Dedication and
Maintenance Agreement for the sanitary sewer and potable
water mains with applicable easements for property on Tax
Map #22, Parcel 93. (Approved by Engineering Services
Committee November 29, 1999)
14. Motion to approve proposal from Zimmerman, Evans and
Leopold (ZEL Engineers) for provision of the Resident
Project Representative for the Clearwell Construction at
a cost of $25.00 per hour. (Approved by the Engineering
Services Committee November 29, 1999)
15. Motion to approve change order of $29,023.30 to Blair
Construction, Inc. for additional required work on the
Bedford Heights Water and Sewer System Improvements
Project. (Approved by Engineering Services Committee
November 29, 1999)
16. Motion to approve Change Order Number One in the amount
of $18,800.00 to be funded from existing project funds
and Capital Project Budget Number 321-04-288821675
Amendment Number Five to move said funds from contingency
to construction and close out all activities on the
Barton Chapel Road Improvements, Phase I. (Approved by
Engineering Services Committee November 29, 1999)
17. Motion to approve Change Order Number One to L.J.
Construction Company in the amount of $21,860.00 on the
Augusta Levee Tree Removal and Maintenance Project to be
funded from Account Number 323-04-1110-5223114/296823081.
(Approved by Engineering Services Committee November 28,
1999)
18. Motion to approve the final change order in the amount of
$61,097.08 to Gary’s Grading & Pipeline Co., Inc. for the
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Rae’s Creek Sanitary Sewer Trunk Line Replacement (Phase
I). (Funded by Account No. 508043420-5425210) (Approved
by Engineering Services Committee November 29, 1999)
19. Motion to approve contract with Ingleside Electric Inc.
in the amount of $73,955.00 regarding the upgrading of 4
Limitorque gate operators at the Augusta Canal Headgates.
Funded by Account No. 506043510/5425110. (Approved by
Engineering Services Committee November 29, 1999)
20. Motion to approve and accept the Deed of Dedication and
Maintenance Agreement for the sanitary sewer and potable
water mains with applicable easements for Emerald Bay
Section On. (Approved by Engineering Services Committee
November 29, 1999)
21. Motion to approve of the Deeds of Dedication, Maintenance
Agreements and Road Resolutions submitted by the
Engineering and Utilities Departments for Hidden Haven
Subdivision. (Approved by Engineering Services Committee
November 29, 1999)
22. Motion to approve lease of Duplicating Machine and Copier
for Print Shop. (Approved by Engineering Services
Committee November 29, 1999)
23. Motion to approve Change Order 1 for Constructed Wetlands
Project Phase II in the amount of $374,103.90. Funded by
Account 507043420-5425210/89644340-5425210. (Approved by
Engineering Services Committee November 29, 1999)
24. Motion to approve Change Order with Specialized Services,
Incorporated for $10,000.00 reduction in construction
contract for Deans Bridge Road Subtitle “D” MSW Landfill,
Phase IIC-Cell 2. (Approved by Engineering Services
Committee November 29, 1999)
25. Motion to approve Change Order with Arcadis Geraghty &
Miller for engineering and construction quality assurance
services associated with construction of Deans Bridge
Road Subtitle “D” MS Landfill, Phase IIC-Cell 2 at a cost
not to exceed $83,915.15; to be funded from Account #541-
04-4210-52.12115. (Approved by Engineering Services
Committee November 29, 1999)
26. Motion to approve proposal from Brian G. Besson and
Associates, P.C. to perform engineering site plan
services for the new Solid Waste Office at the Deans
Bridge Road Landfill at a cost of $4,900.00. (Approved
by Engineering Services Committee November 29, 1999)
27. Motion to approve Change Order with Specialized services,
Incorporated in the amount of $95,213.50 for the
construction of Deans Bridge Road Subtitle “D” MSW
Landfill, Phase IIC-Cell 2 to be funded from Account
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#541-04-4210-54.12110. (Approved by Engineering
Services Committee November 29, 1999)
28. Motion to approve Change Order 2 for Constructed Wetlands
Project Phase II in the amount of $450,000. Funded by
Account 507043420-5425210/89644340-5425210. (Approved by
Engineering Services Committee November 29, 1999)
29. Motion to approve Change Order #1 in the amount of
$16,002.23 to Heavy Constructors for Main Lift Station
Construction. Funded by Account 508043420-5425210.
(Approved by Engineering Services Committee November 29,
1999)
30. 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 excluding the $1
annual increase. (Approved by Engineering Services
Committee November 29, 1999)
31. Motion to approve encroachment agreement between Augusta
and Atlanta Gas Light Company for the construction and
maintenance of a 54” storm sewer line. (Approved by
Engineering Services Committee November 29, 1999)
PUBLIC SAFETY:
32. Motion to approve for the Fire Department to purchase
twelve (12) portable radios with chargers, system
software and necessary accessories from Motorola at a
cost of $35,584.22. (Approved by Public Services
Committee November 29, 1999)
33. Deleted from agenda.
34. Motion to approve an increase in the capacity agreement
between Augusta-Richmond County and the Georgia
Department of Corrections from one hundred seventy-five
(175) state prisoners to two hundred (200). (Approved by
Public Services Committee November 29, 1999)
35. Motion to approve the purchase of service subcontracts
between ARC and Charter Augusta Behavioral Health
Systems, Leon Murray, Terry Geiger, Crama Franklin.
(Approved by Public Safety Committee November 29, 1999)
PUBLIC SERVICES:
36. Motion to approve request to submit an application for
state assistance for a project to seal cracks in the
taxiways and ramp areas. (Approved by Public Services
Committee November 29, 1999)
37. Motion to terminate the contract for tennis professional
services with Stephen Dorkin and to approve a contract
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for tennis professional services with Floyd Smith for
services rendered at Newman Tennis Center. (Approved by
Public Services Committee November 29, 1999)
38. Motion to approve a 36 month lease agreement with the low
bidder, EZ Go Division of Textron, in the amount of
$2,987.05 per month for fifty-five gold carts for January
1, 2000 through December 31, 2002 for the Augusta
Municipal Golf Course. (Approved by Public Services
Committee November 29, 1999)
39. Pulled from consent agenda.
40. Ordinance to provide for removal of junk and abandoned
vehicles pursuant to State law. (Approved by Public
Services Committee November 29, 1999)
41. Motion to approved establishing a separate bank account
with Wachovia Bank for Augusta Regional Airport at Bush
Field for passenger facility charges (“PFC”). (Approved
by Public Services Committee November 29, 1999)
42. Motion to approve construction and renovations to Lake
Olmstead Park/BBQ-Pit, Bid Item #99-128 awarded to ball’s
Enterprises, Augusta, Ga. in the amount of $144,699.
(Approved by Public Services Committee November 29,
1999)
43. Motion to approve a request by Emily S. Painter to
transfer the on premise consumption liquor, beer & wine
license for Players located at 2834 Washington Road to
Louie J’s located at 1102 Broad Street. District 1.
Super District 9. (Approved by Public Services
Committee November 29, 1999)
44. Motion to approve a request by Jerri Danforth for a
consumption on premise liquor, beer & wine license to be
used in connection with Jerri’s Place located at 660
Broad Street. District 1. Super District 9. (Approved
by Public Services Committee November 29, 1999)
PLANNING:
45. Z-99-108 - 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 two sections of the Comprehensive Zoning
Ordinance related to home occupations. (Approved by the
Commission November 16, 1999 - second reading)
46. ZA-R-109 - 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 Section 24-1, Heavy Industrial Zone of
the Comprehensive Zoning Ordinance, clarifying uses
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permitted therein. (Approved by the Commission November
16, 1999 - second reading.
PETITIONS & COMMUNICATIONS:
47. Motion to approve the minutes of the regular meeting of
the Commission held November 16, 1999.
ATTORNEY:
48. Motion to approve an ordinance increasing fire inspection
fees and authorize hiring an Administrative Assistant for
Fire Inspection Bureau as recommended by the Management
Study. (Approved by the Commission November 16, 1999 -
second reading)
49. Motion to approve an Ordinance for Backflow Prevention by
Cross-Connection Control. (Approved by the Commission
November 16, 1999 - second reading)
PUBLIC SERVICES:
52. New Application: A.N. 99-93: A request by Frank
Attinger III for a consumption premise liquor, beer &
wine license to be used in connection with Carrabba’s
Italian Grill located at 2832 Washington Road. There
will be Sunday sales District 7. Super District 10.
53. New Application: A.N. 99-94: A request by J. Todd
Ellis for a retail package beer & wine license to be
used in connection with Pilot Travel Center #144 located
at 2975 Gun Club Road. District 7. Super District 10.
That’s the consent agenda, Items 1 through 49, including
items 52 and 53.
Mayor Young: We have a motion and second for approval.
Did anyone want to pull any items? We have a gentleman who
wants to speak to Item #34. Come up to the podium, please,
and for the record state your name and address.
Mr. Starceski: My name is Bernie Starceski, 2561 Tobacco
Road. I’m asking the Commission to not pass the capacity
agreement between Richmond County and Georgia Department of
Corrections to increase the convicted felons that we have out
there from 175 to 200. As a matter of fact, I’m asking that
we stop using the RCCI as a State prison. Richmond County
Correctional Institute has become a State prison with 164
State-convicted felons. That is owned by us. We own that
facility out there and it’s operated by 64 County employees.
And these County employees are not part of the Sheriff’s
Department. Keep that in mind. RCCI has a budged of $2.8
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million. Included in this budget is a $20 rebate to the
County for each convicted felon we house out there, which
amounts to about $1.2 million. Roughly. Cause it varies, the
number of people out there. So the taxpayers pay $1.6 million
to operate a State prison. We’re not required to house any
State prisoners and we should not. It these State prisoners
were incarcerated in this State prison system, it would cost
the State $40 per person for them to house. We should offer
the State Department of Correction to either assume the
maintenance and operation of this facility or shut RCCI down,
which would result in the saving of $1.6 million a year to the
taxpayers. But by no means should we continue housing State
prisoners at the expense of local taxpayers.
Mayor Young: Thank you.
Clerk: Mr. Mayor, for the benefit of the record, we need
to acknowledge Items 43 and 44, liquor application requests.
Item 43: Motion to approve a request by Emily S. Painter
to transfer the on premise consumption liquor, beer & wine
license for Players located at 2834 Washington Road to Louie
J’s located at 1102 Broad Street. District 1. Super
District 9. (Approved by Public Services Committee November
29, 1999)
Item 44: Motion to approve a request by Jerri Danforth
for a consumption on premise liquor, beer & wine license to be
used in connection with Jerri’s Place at 660 Broad Street.
District 1. Super District 9. (Approved by Public Services
Committee November 29, 1999).
Mr. Speaker: Mr. Mayor?
Mayor Young: Yes?
Mr. Speaker: I’d like to pull Item 39.
Mayor Young: All in favor of the consent agenda, please
vote by voting aye.
Mr. Colclough: Madame Clerk, let it be known that I
voted no against Sunday sales.
Mr. Powell: Likewise.
Mr. Bridges: Same here, as well as negative on No. 4.
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MR. BRIDGES VOTES NO ON ITEM #4.
MOTION CARRIES 9-1 ON ITEM #4.
MR. BRIDGES, MR. POWELL & MR. COLCLOUGH VOTE NO ON ITEM #52.
MOTION CARRIES 7-3 ON ITEM #52.
MOTION CARRIES 10-0 ON ITEM #s 1-3, 5-32, 34-38, 40-49, 53.
Clerk: Item #39: Motion to approve bid one-year
contract to the low bidder Maliki Cleaning Service to provide
cleaning services for the Augusta Library at a cost of $1997
monthly. Funds available in Library General Operating Budget.
(Approved by Public Services Committee November 29, 1999).
Mr. Colclough: Mr. Mayor, at the Committee meetings,
going over the items, this item here, Mileki, when they
brought back the recommendations, had a lot of less positives
than the other two bidders that was approved. I mean when
they looked at the items, it was fair, low, and some other
items that I thought we were going to look at the other
bidders who had a much better track record or references
coming in to do the cleaning, and how to do, with the low
bidder, and these people wasn’t doing a good job according to
their references in the first place.
Mayor Young: We have some people here from the library,
if you’d like additional information.
Mr. Oliver: Ms. Sams I think can speak to that. My
understanding, Commissioner Colclough, the Committee action
was that there is a probationary period provided for the
contract and admittedly the references for this particular
firm were not as strong as the firm that was recommended by
the Library Board, however the cost was quite a bit different
and my understanding of the action by the Committee was to let
this firm have it and during the probationary period closely
scrutinize their level of activity, and if they proved
unsuccessful, to terminate there services was my understanding
of the Committee.
Mr. Colclough: Are there some people here from the
Library, Mr. Mayor?
Mayor Young: Richard, if you will come to the podium and
state your name and address.
Mr. Leach: I’m Richard Leach, Library Director. Home
address 324 Pleasant Home Road. The Library Board reviewed
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references for the three lowest bidders on the cleaning
contract and recommended the third-lowest bidder as having the
best track record, the best set of references. They all got
references, some good, some not so good, and so forth. The
feeling was that the third-lowest bidder seemed to have the
best track record and experience in cleaning for a
governmental entities and libraries in particular. Mr. Oliver
is correct. It’s my understanding also that the Committee
approved the awarding of the contract to the low bidder with a
provision in the contract for a 90-day probationary period,
and I would add that we will probably want language in there
that will allow a 30-day termination notice on the part of
either party should, after the probationary period, should
anything fall short if they pass the probationary period. As
I said, the Board recommended the third-lowest bidder, but the
recommendation from the Attorney, from the Purchasing Agent,
and from the Committee itself was that the award go to the
lowest bidder, with provisions in this contract.
Mr. Colclough: So you’re comfortable with that?
Mr. Leach: I think we are probably able to do that
without too much trouble as long as we have the wording in the
contract that gives us an out if there’s a problem.
Mr. Colclough: Okay. Thank you.
Mayor Young: Do we have a motion with respect to Item 39?
Mr. Shepard: Mr. Mayor, I move approval with the
language suggested by the Director of the Library being
expressly included in the contract.
Mr. Powell: Second.
Mayor Young: Motion and second. Any further discussion?
All in favor, please vote aye.
MOTION CARRIES 10-0.
Clerk: Item 50: Motion to approve bids received on
renovations to various branches of the ARC Library System.
(No Recommendation by Engineering Services Committee November
29, 1999)
Mr. Shepard: I move for approval, Mr. Mayor.
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Mr. Handy: Second.
Mayor Young: Sorry, I was talking with the City Attorney.
Do we have a motion and second?
Mr. Shepard: Yes, Your Honor.
Mayor Young: Any discussion? All in favor, please vote
aye.
MOTION CARRIES 10-0.
Clerk: Item 51: Motion to approve Change Order #1 in
the amount of $215,655.30 to AquaSouth Construction, Inc. for
additional work to be completed at the Water Treatment Plant
on Highland Avenue. Funded by Account #508043410-5425110.
(No recommendation Engineering Services Committee November 29,
1999)
Mr. Powell: I so move.
Mr. Handy: Second.
Mayor Young: Any discussion? All in favor, please vote
aye.
MOTION CARRIES 10-0.
Clerk: Item 54: Motion to approve the reappointment of
Larry Jones and Ashley Paulk for new four-year terms to the
Construction Advisory Board. (No recommendation by Public
Services Committee November 29, 1999)
Mr. Powell: I so move.
Mr. Shepard: Second.
Mayor Young: Motion and second. Any discussion?
Mr. Beard: Yes.
Mayor Young: Mr. Beard?
Mr. Beard: Where are the residences of these two people?
Mr. Oliver: One of them is Richmond County and one of
them is North Augusta.
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Mayor Young: Any further discussion?
Mr. Oliver: The other person works in Richmond County,
for the record.
Mr. Mays: In Committee, that came up as a question.
That’s probably why you see there is no recommendation that
the Committee made, and I didn’t know whether in the interim
we were going to try and seek a person out of 206,000 folk and
find somebody that lived in this City that could do it. It
was not that those of us who voted against it did, because we
feel that the person is probably very qualified and very good
person, but we’ve had a lot in reference to residence, Mr.
Mayor, and appointing our own folk to boards and commissions,
as well as the Commission making a totally different set of
rules that we just recently voted on in reference to only one
person serving. So we had a lot of discussion about it in
Committee, so that’s why we brought this. We couldn’t make a
decision in Committee. A 2-2 deadlock in reference to this
going on and whether or not this was one of these boards
whereby the residency had it value and weight, two of us felt
it did. It was also a feeling that the board had to continue
with a person in a certain professional status in order to
carry it on, so that’s kind of the history on it. But I had
thought that we were going to at least seek someone in this
area that we might could get to serve.
Mr. Oliver: The person selected, I would note for this
particular position on the Board, must be, by the way the
rules are written, an electrical engineer. So while there are
roughly 205,000 people, there are going to be some sub-set
less than that of people that meet that qualification.
Mr. Mays: My response to that also was that we ought to
seek to find one of them that qualified out of the 205,000.
Mr. Beard: Well, you know, Mr. Mays, maybe we don’t have
but one person out of 200-and-some-thousand people who is an
electrical engineer in this City. That’s what I’d have to
assume since that--you know, we keep saying we have to have an
electrical engineer on there, and how are we going to go
against our rules that we have established here, that they
must be a resident of the City? And I just can’t see us now
saying that we can’t find but one person, one person in this
City who could qualify for that. I think we must seek
somewhere else, find someone in this City, so that they can
serve on this Board. I don’t think we should again pick and
choose here what Board we’re going to let go by with people
from out of County, the ones that we’re going to select for in
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County. I think we have to live by the rules that we have
set, and I think that’s the one that we have.
Mayor Young: Would you like to make another nomination or
subsequent motion?
Mr. Beard: Which one lives in--
Clerk: Mr. Paulk lives in North Augusta.
Mr. Beard: Well, I make a substitute motion here that we
appoint the one that lives in the City of Augusta, and I
assume that’s Mr. Jones.
Mayor Young: Mr. Handy? Excuse me, do we have a second?
Mr. Mays: I’ll second it.
Mayor Young: Mr. Handy?
Mr. Handy: I was just going to make a suggestion that if
you can wait about 24 more days and I’ll take that position.
You won’t have to wait to have no qualification or not, I
already have it.
Mayor Young: Any further discussion on the motion that we
appoint Mr. Larry Jones? All in favor of the substitute
motion, please vote aye.
MOTION CARRIES 10-0.
Mayor Young: Madame Clerk, the Attorney has advised me
that he has to leave the meeting early today and he’s asked if
we could go ahead and take up Item 60. Let’s do that.
Mr. Shepard: I move for legal session, Mr. Mayor.
Mr. Powell: Second.
Mr. Wall: For possible settlement of litigation matters.
Mayor Young: We have a motion and second. All in favor,
please vote aye.
MOTION CARRIES 10-0.
Mayor Young: Madame Clerk, the Attorney has advised me
that he has to leave the meeting early today and he’s asked if
we could go ahead and take up Item 60. Let’s do that. He
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wanted to leave some legal representation behind.
Mr. Powell: He always leave remnants behind.
Mr. Shepard: I move for legal session, Mr. Mayor.
Mr. Powell: Second.
Mr. Wall: For possible settlement of litigation matters.
Mayor Young: Motion and second. All in favor of the
motion, please vote aye.
MOTION CARRIES 10-0.
(LEGAL MEETING 2:25 - 2:40 p.m.)
Mayor Young: We’ll come back to order, please. Madame
Clerk, if you’ll proceed with the order of the day.
Clerk: Item 55: Consider lease agreement between CSRA
Humane Society/Canal Authority and Augusta, Georgia for old
City Stockade.
Mayor Young: Do we have a motion on this item?
Mr. Handy: I’ll make a motion to get it on the floor. I
need to ask you a question about it, sir.
Mayor Young: All right. Is there a second to the motion?
Mr. Kuhlke: I’ll second it.
Mayor Young: All right. Let’s just have some discussion
then and see where it goes.
Mr. Handy: Yes, sir. Mr. Mayor, I’d like to know how
did the Canal Authority get in here? That was never in our
paperwork when we put it, to put agreement between the Canal
Authority as well as the CSRA Humane Society.
Mr. Oliver: I think that came up was the Canal
Authority, I think, saw a newspaper account and that they
brought their wisdom to the table, if you will, as it relates
to what they felt would be the best and highest use for this
facility, and there is in your back-up, there’s a three or
four or five page letter from the Canal Authority regarding
this particular item.
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Mr. Handy: But I mean how did they get on the authority
as an agreement with them? We haven’t discussed--
Mr. Oliver: This doesn’t have anything to do necessarily
with the agreement. There are a number of ways this could be
structured, and if you want to enter into a lease with the
Humane Society, that’s fine, obviously, or enter into no lease
at all. You could enter into a lease with the Canal
Authority. They’ve expressed interest in when they get
funding doing something with it. All we’ve done is try to
provide flexibility with their comments. There have been some
Commissioners that have talked to me about potentially
structuring it a different way, but that’s up to you all.
Mr. Handy: I want to go the original way we went, to a
lease agreement with the Humane Society, because if the Canal
Authority wanted it, they had the opportunity to get it long
before they started talking about it, and they didn’t come
into the picture until after they started talking about it.
Mayor Young: Would you like to make a motion to that
effect, Mr. Handy?
Mr. Handy: I would like to put that in the form of a
motion, originally the way we had it, before the Canal
Authority even came about to talk about it.
Mr. Oliver: Enter into a lease between the CSRA Humane
Society and Augusta-Richmond County for the stockade for a
ten-year period?
Mr. Handy: Yes, whatever we said in that Committee.
Nothing changes.
Mr. Powell: Second.
Mayor Young: We have a motion and second. Mr. Beard, you
wanted to address the board?
Mr. Beard: I was going to make that motion, but since
Mr. Handy made it, it’s okay.
Mayor Young: Any discussion?
Mr. J. Brigham: Mr. Mayor, I think I want to make a
substitute motion.
Page 17
Mayor Young: All right, Mr. Brigham.
Mr. J. Brigham: I want to make a motion to turn the
stockade over to the Canal Authority, let the Canal Authority
work out a lease in the meantime with the Humane Society. I
think in the long run that the Humane Society and Richmond
County ought to work out a situation where we can put this in
our own public facility where it would be beneficial to both.
I think the long-term range of this needs to be a
consideration of the Canal Authority and that this area
eventually will have long-term public consequences, and I
think that we’ve got to do this for the betterment of the
community. I am very much in favor of supporting the Humane
Society. I think that, I have not seen a plan that is
economically feasible for the long term for this project and I
want to ensure that this project is a workable plan for the
future.
Mayor Young: Is there a second to Mr. Brigham’s motion?
Mr. Shepard: I second the substitute motion.
Mayor Young: We have a second to the substitute. Any
discussion on this substitute motion. Mr. Kuhlke?
Mr. Kuhlke: I’d like some clarification from the maker
of the motion. The way I understand it, you want us to lease
this to the Canal Authority?
Mr. J. Brigham: No, I want to give the property to the
Canal Authority.
Mr. Kuhlke: You want to give it to the Canal Authority
with the condition that they work out a lease arrangement with
the Humane Society?
Mr. J. Brigham: Very much correct.
Mr. Kuhlke: For a specific period of time?
Mr. J. Brigham: I would think it would be for a specific
period of time, seeing they have no long-range plans for this
facility.
Mr. Kuhlke: What are you saying is a specific period of
time?
Mr. J. Brigham: I think whatever they can come to as is
Page 18
reasonable, that any capital improvements can be amortized
over.
Mayor Young: Any further discussion on the substitute
motion. Mr. Shepard?
Mr. Shepard: Mr. Mayor, I know some members of the
Animal Control Board are here. I’m looking at Mr. Owens
specifically. He’s taken some interest in that area and I’ve
been particularly interested in the work in Las Vegas, not in
the casinos, Mr. Mayor, I’ll leave that to others. But I
understand that their animal control facility there is
coordinated with their Humane Society and I think that this is
a goal that this community should move toward, and I don’t
much know much more about it than I just said, but I would
like Mr. Owens to address this body, if he would.
Mayor Young: Mr. Owens, for the record, if you state your
name and your address, please.
Mr. Owens: Brad Owens, 1562 Goshen Road. The Animal
Control Advisory Board of Richmond County supports giving the
lease to the CSRA Humane Society and for this reason. The
Canal Authority has different goals in mind and I’ll tell you
this. The Humane Society and the Animal Control Board have
similar goals. Now we are control. I want to explain this
everybody. Our mission is to control, protect the public and
control the animal population here in the County. Now the
Humane Society, their goal, and they can speak for themselves
and I think it’s a good idea to let them present their side of
the case, because they do have a long-term business plan, they
do have a plan for financing, they do have the ability to
facilitate the opening of this facility pretty quickly. And
if we could alleviate some of the burden by taking it from
where it is in Animal Control and they can help, and this is a
prime example of how we can work a public/private partnership
at no cost to the taxpayers, no additional costs. What
Commissioner Shepard was talking about was actually--Tashia
Core up here can tell you more about it--is Las Vegas, and
also Savannah, I talked to Billy Carrol today, the inspector
for this area, which is the Department of Agriculture that
oversees this, and he said that Savannah and other communities
around Georgia actually contracts with the Humane Society to
handle their healthy adoptable strays. Now that actually
saves money as far as tax money in the long run. We want to
work together. As a matter of fact, I want to let the Board
know that as soon as the CSRA Humane Society has a physical
location, then they can get funding from the national chapter.
That’s how it’s been explained to me. So the funding would
Page 19
be there and it’s a win-win situation for the community. I
can’t see how anyone would oppose it other than maybe some of
the neighborhood association people. I don’t see them here.
And there would be no problem there anyway in the long term.
Now this is a temporary shelter. They’re not asking to put
this there for a long time. The ten years, I guess, is just a
number that was thrown out. Probably a more viable number
would be about three years until we can work something out.
Right now the Control Board and the Board of the Humane
Society is working together to try to work it out where when
we build our new facility, we can accommodate both their needs
and our needs and kind of knocking out two birds with one
stone. So we as a Board, I’m the duly-appointed spokesman for
the Richmond County Control Board, Animal Control Board, and I
would say that we support them getting it and we support them
getting it from the County, not from the Canal Authority. I
think the Canal Authority could set some impossible parameters
up for them to meet and possibly stymie it or throw kind of a
monkey wrench in the gear box and we don’t want to see that
happen. We want to get these animals into good homes and stop
them from being killed.
Mayor Young: Thank you. Any questions or comments from
the Commissioners?
Mr. Shepard: I have one question.
Mayor Young: Yes, Mr. Shepard?
Mr. Shepard: Mr. Owens, what length of time do you
suggest for the least of the old Stockade facility? Or does
the Board have a position on that, the Animal Control Board of
Richmond County?
Mr. Owens:They’d have to speak on what they would want.
I would suggest--
Mr. Shepard: No, I’m asking what the Board that we
appointed.
Mr. Owens: It would be more likely a three-to-five-year
lease, would be more applicable. As soon as the lease is
signed, I’ve been told that the stockade could be prepared and
open inside of three months. And so therefore if we can come
to an agreement, which we’re having a meeting next week and
then we’re meeting with the Administrator and the Director to
come up with a long-term plan for the building of the new
facility, then we can put the two together. So hopefully we
can get the new facility built and open and meet both of our
Page 20
needs inside of say five years.
Mr. Shepard: Your recommendation to the maker of the
original motion that the lease term not be ten years, but
instead three years or five, or three with an option to renew
for one year or two renewal terms?
Mr. Owens: Right.
Mr. Shepard: Give it three years plus one and one?
Mr. Owens: Right. I think that would be more, that
would suit the Canal Authority because that would kind of
pretty much put them at ease that this is not going to be a
ten-year problem. Which it’s not going to be a problem, but
maybe that--
Mr. Shepard: I’m saying if we tie up this property for
ten years, then we are legally obligated for ten years.
Mr. Owens: Well, Randy said that there would always be
an opt-out on that, right?
Mr. Shepard: No, there’s no opt-out in the present form.
There’s no opt-out.
Mr. Owens: Well, I’d recommend definitely then that it
be more of a three, with an option to renew.
Mr. Oliver: There would be an opt-out if there was a
default, but there wouldn’t be an opt-out for convenience.
Mr. Owens: Okay.
Mr. Shepard: I just think the original term is too long.
I’d be more inclined to support a shorter term on the original
motion for the benefit of the maker.
Mr. Oliver: So that we can get our record keeping clear,
is the maker of the motion agreeable to a three-year term with
two renewals?
Mr. Handy: How about just taking the five, five years
and leave it. And then if they get finished in time, they get
it, if not, it’s still [inaudible]. Five years. How about
that? Can we settle for five years?
Mr. Oliver: This doesn’t have to come back, then you
want to make it approval lease with those terms subject to the
Page 21
approval of the Administrator and the Attorney like we usually
do?
Mr. Handy: Just like we did before but take five years.
Still $1 now. No more money than a dollar.
Mayor Young: Let’s hear from Mr. Kuhlke. Mr. Kuhlke?
Mr. Kuhlke: I’m not--we’ve got two motions on the floor.
One of my problems with Mr. Brigham’s motion is I don’t think
the Canal Authority has asked us for that building. Why do we
want to give it to them when they haven’t even asked us for
it?
Mr. Oliver: I can’t answer that part. I can say this.
It’s apparent that the Canal Authority went to some length to
write the letter that they wrote and I believe that whatever
contract that we come up, they’re probably not going to be
totally comfortable with. As long as that’s the direction of
the Commission, I think I can write a contract that will cover
the best interests of Augusta-Richmond County.
Mayor Young: Anyone else? Mr. Handy’s motion is five
years. Mr. Mays?
Mr. Mays: Mr. Mayor, I think if that’ll get us off of
square one in terms of the comfort zone of the contract, but I
think all of us realize that it’s not so much really how many
years you write a contract for, it’s the availability or the
non-availability to get in and out of it or if other business
plans develop where you can give adequate notice to the person
that’s holding the lease, or they may even come up with a
better plan in a few years and want to be away from there, so
it doesn’t necessarily have to be with the City finding a way
to do something different there for the Canal Authority. I
wasn’t going to say anything but after the substitute motion
got on the floor, I think the scariest thing in this is to put
these two agencies in the same box together to work out a plan
when one has already expressed an opinion that they don’t want
to deal with it at all. And I think Brad is absolutely
correct, I think that’s where it’s going to end right there,
so if we wanted to move forward, I would hope that we support
the original motion that’s on the floor, and knowing that the
years of the lease gets us across the board, I think--I don’t
like to precount votes, Mr. Mayor, but I didn’t know this one
was going to get down to the closeness of us, like a horse
shoe game. So if five years instead of ten gets us over the
hump, then I can deal with that or any year that’s on the
motion, but I hope we don’t throw this situation into the
Page 22
fire. We’ve had agencies that expressed that. This thing
will end in one day or less if you put them over in there and
give it to somebody else and they’ve already expressed an
opinion. And that’s no knock on the Canal Authority. I think
when they get to a point that they’ve got a plan that’s
legitimate and to move forward, I think these folk and
everybody else in the City can sit down and say this is where
we want to go from here. Whether it’s inclusive or exclusive.
Mr. Oliver: With the agreement of the Commission, we’ll
make that the renewals will be at the mutual consent of the
parties and that will give you flexibility at the end of any
five-year increment.
Mayor Young: All right, we have a substitute motion on
the floor which would turn the facilities over to the Canal
Authority. Let’s go ahead and take a vote on that. All in
favor of the substitute motion, please vote aye.
(VOTE ON SUBSTITUTE MOTION)
MR. COLCLOUGH, MR. MAYS, MR. KUHLKE, MR. H. BRIGHAM, MR.
SHEPARD, MR. BEARD, MR. POWELL, MR. HANDY & MR. BRIDGES VOTE
NO.
MOTION FAILS 1-9.
Mayor Young: That takes us back to the original motion to
lease it to the Humane Society for a five year initial term
with a renewal. All in favor of the original motion, please
vote aye.
(VOTE ON ORIGINAL MOTION)
MOTION CARRIES 10-0.
Mayor Young: Now let’s move on to the next game of
horseshoes.
Clerk: Item 57: Motion to approve Resolution requesting
the Richmond County Legislative Delegation to seek funding for
renovation of main branch of the Augusta Public Library.
Mr. Powell: I so move.
Mr. Kuhlke: Second.
Mayor Young: Motion and second. Any discussion? All in
favor, please vote aye.
MOTION CARRIES 10-0.
Page 23
Clerk: Item 58: Consider a request from The Augusta
Futurity for support from the Augusta-Richmond County
Commission for a Champions Club membership in the amount of
$1,000. (No recommendation from Finance Committee November
29, 1999)
Mr. J. Brigham: I so move.
Mayor Young: Motion. Is there a second?
Mr. Kuhlke: I’ll second it to get it on the floor.
Mayor Young: Motion is seconded. Any discussion?
Mr. Shepard: Mr. Mayor?
Mayor Young: Yes, Mr. Shepard?
Mr. Shepard: Would this be charged to the Commission
Other Account?
Mr. Oliver: That’s correct.
Mr. Shepard: We’ve got about a thousand dollars, don’t
we?
Mr. Handy: Not for the Champions Club.
Mr. Oliver: Well, now that’s up to you all. But I would
suggest that the motion be not to exceed $1,000 or the amount
in the account. My recollection is there’s about $1,200 in
that account.
Mayor Young: Any other discussion?
Mr. Bridges: Mr. Mayor, do we have anybody here to speak
on that?
Mayor Young: Is anyone here to speak on the Champions
Club?
Clerk: As a backup, I think we have a letter.
Mayor Young: That’s a letter in the packet of
information.
Mr. Handy: Mr. Mayor, while we’re waiting, I thought we
Page 24
said last week when we turned down whatever or whoever asked
for money we weren’t going to give any money out. We’ve done
turned four or five back to back. That was the last meeting
we had when someone requested money. So how did this one get
in here and why are we asking for money?
Mr. Oliver: This came from the Finance Committee forward
with no recommendation, I think at the Finance Chairman’s
direction.
Mr. Bridges: If I could speak to it, Mr. Mayor. I got a
call from, I can’t remember the gentleman’s name, Mr. Peterson
with the Augusta Futurity and he was seeking funding for this.
The Commission has--I had David Collins do some research on
this. We have funded this in the past, but it was through
Amendment 73 money. When we got rid of that, then they came
back the following year and I think one year it came from the
Mayor’s Contingency and last year it came from our
Contingency. They’re asking for this again. I really think
the Futurity is something that would be better served seeking
the one percent motel-hotel money for some funding and they
could get quite a bit more than a $1,000 in that regard, I do
believe, because they have a lot of overnight stays, and I
think that Committee is really where they need to go to get
funding from the government.
Mayor Young: Any further discussion? We had a motion on
the floor, correct?
Clerk: Yes, sir.
Mayor Young: We have a motion to approve it?
Clerk: Yes, sir.
Mayor Young: All in favor of the motion, please vote aye.
MR. H. BRIGHAM ABSTAINS.
MR. COLCLOUGH, MR. MAYS, MR. BEARD, MR. POWELL, MR. HANDY &
MR. BRIDGES VOTE NO.
MOTION FAILS 3-6-1.
Clerk: Item 59: Motion to authorize Fleet Management
to sell one (1) excess Police vehicle to Paine College at a
cost of $1.
Mr. Handy: I so move.
Page 25
Mr. Powell: Second.
Mayor Young: Any discussion?
Mr. Shepard: Mr. Mayor?
Mayor Young: Yes, Mr. Shepard?
Mr. Shepard: I have a quick question. I notice in items
1 and 2 we sold excess vehicles for a wholesale price. Lee, I
apologize to have to ask you this question, but what about the
gratuities clause? Can we do this under the State
Constitution gratuities clause?
Ms. Speaker: Yes, sir, it’s my understanding is there’s
not a problem with it.
Mr. Oliver: It’s another governmental entity and you can
give property.
Mr. Shepard: So it’s not an individual and not--okay.
Mr. Handy: If it’s wrong, we gave one away about two
years ago.
Mr. Shepard: I just want to know, Mr. Handy. Inquiring
minds want to know.
Mayor Young: We have a motion to approve the sale on the
floor. All in favor of the motion, please vote aye.
MOTION CARRIES 10-0.
Mayor Young: We need to approve Item 61, too. We failed
to do that when we came back int.
Item 61: Motion to approve authorization for Mayor to
execute affidavit of compliance with Georgia’s Open Meetings
Act.
Mr. Mays: I so move.
Mr. Handy: Second.
Mayor Young: All in favor of Item 61 about signing the
affidavit, please vote aye.
MOTION CARRIES 10-0.
Page 26
Mayor Young: All right. And then you have your addendum
agenda. There’s one item there.
Clerk: Addendum Item 1: Award contract to J.S. Haren in
the amount of $1,665,000.00 for construction of the tank and
pump station at Morgan Road ($1,000,000 from Account
#508043410-5425110 and $665,000.00 from Account #507043410-
5425110/89900240-5425110).
Mr. Powell: I so move.
Mr. Handy: Second.
Mayor Young: Any discussion? All in favor, please vote
aye.
MOTION CARRIES 10-0.
Mayor Young: Any other business to come before the
Commission? Do we have a motion to adjourn?
[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
December 7, 1999.
Clerk of Commission