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HomeMy WebLinkAbout01-07-2003 Regular Meeting REGULAR MEETING COMMISSION CHAMBER January 7, 2003 Augusta Richmond County Commission convened at 2:00 p.m., Tuesday, January 7, 2003, the Honorable Richard Colclough, Mayor Pro Tem, presiding. Present: Hons. Hankerson, Boyles, Mays, Kuhlke, Shepard, Beard, Cheek, Williams and Bridges, members of Augusta Richmond County Commission. Absent: Hon. Bob Young, Mayor. Also present: Jim Wall, Attorney; George Kolb, Administrator; and Lena Boner, Clerk of Commission. The Invocation was given by the Rev. Caldwell. The Pledge of Allegiance to the flag of the United States of America was recited. The Clerk: In the Mayor’s absence, and on behalf of the Mayor Pro Tem and members of the Augusta Commission, we’d like to thank you for being here today to impart God’s Word with us. On behalf of that and in light of that, we’d like to honor you today as our Chaplain of the Day and we appreciate you being here, and Happy New Year. (A round of applause is given.) Mr. Mayor Pro Tem: Go ahead, ma’am. The Clerk: Would you like to address deletions or additions to the agenda? Mr. Mayor Pro Tem: Yes, ma’am, go ahead. The Clerk: ADDENDUM AGENDA: ADDITIONS TO THE AGENDA: 1. Approve Change Order Number Three with Mabus Brothers Construction in the amount of $37,170.00 on the Laney Walker Boulevard Reconstruction Project to be funded from the project contingency account. Also approve Capital Project Budget (326-04-288811018) Change Number Six to reflect internal project account transfers. 2. Approve reclassification of the Assistant Solid Waste Manager position from pay grade 52 to Solid Waste Manager at pay grade 55. 1 3. Approve the Change Order Number One in the amount of $29,333.17 to Advanced Disposal to provide Solid Waste Collection Services (Bid #00-119) to Nellie Drive/Plantation Road Area (Section 9A). Mr. Mayor Pro Tem: What is your pleasure, gentlemen? Mr. Cheek: I move to add. Mr. Shepard: Second. Mr. Mayor Pro Tem: Motion and second on the floor. Any discussion? Hearing none, all in favor of the motion please vote. Mr. Mays out. Motion carries 9-0. The Clerk: Proceed? Mr. Mayor Pro Tem: Yes. The Clerk: RECOGNITION: Proclamation (Requested by Commissioners Steve Shepard and Bill Kuhlke) Lucy C. Laney Wildcats Football Team 2002-2003 Class AAA Semifinals Atlanta’s Georgia Dome The Clerk: At this time, we would like to ask the principal, Mr. Hawthorne Welcher, and the coach, Mr. Eric Parker, to please join Commissioners Shepard and Kuhlke, along with Mr. Mayor Pro Tem -- Mr. Mayor Pro Tem: No, Madame Clerk, I would like Mr. Beard, who represents that District, to participate. The Clerk: Yes, sir. Mr. Mayor Pro Tem: And Mr. Mays if he’s here. The Clerk: Would you please join us here so that we may present the proclamation and certificates to the team players? Mr. Mayor Pro Tem: Mr. Mays? 2 The Clerk: Mr. Mays. Mr. Mayor Pro Tem: He’s here. The Clerk: In recognition of the Lucy C. Laney High School Football Team, Whereas, the Lucy Laney Wildcats football team played in the Georgia Dome for the State AAA Semifinals, and Whereas, this is the highest placing in the school’s history since becoming a member of the Georgia High School Association, and Whereas, Coach Eric Parker and staff have guided the Wildcats team to the playoff for three consecutive years, this year being the best showing thus far; Now, therefore, I, Bob Young, Mayor of the City of Augusta, do hereby proclaim January 7, 2003, to be the Lucy Laney High School Football Team Day and urge all citizens to recognize them for this outstanding achievement. In witness thereof, I have unto set me hand and caused the seal of Augusta, th Georgia, to be affixed this 7 day of January, 2003. (A round of applause is given.) The Clerk: Mr. Mayor, members of the Commission, Mr. Chris Kane from Channel 26 will now do our official roll call of the Lucy Laney Wildcats team. Mr. Kane: Ladies and gentlemen, it’s really an honor to be here and recognize these fine young men and coaching staff. When I first arrived at Channel 26 in August of 1997, my first job was to go to Laney High School and interview a coach named Eric Parker, and at that time, I don’t think anyone really knew who this guy was. Well, six years later, everyone in the state knows who Eric Parker is, because he’s one of the finest coaches in the state of Georgia right now. No question about it. Congratulations to Coach Parker and the players and the entire coaching staff, and also Coach just told me he had his third baby right before Christmas, a daughter named Cameron, so congratulations to you and your lovely wife. Right now let’s meet these fine young men. We’re going to start off with number 1, he’s a senior, he played running back and linebacker. Allen Walker. (A round of applause is given.) Mr. Kane: Number 2, a junior, played running back, scored a bunch of touchdowns this year. Jarrett Moye. (A round of applause is given.) Mr. Kane: Number 3, another running back. He’ll be back next year as well. William Scott. 3 (A round of applause is given.) Mr. Kane: Senior linebacker, number 4. Eddie Jeter. (A round of applause is given.) Mr. Kane: Number 5, and I think everyone knows this guy, he was The Augusta Chronicle Player of the Year in the state of Georgia, All-State Linebacker, Running Back, Kicker. I think he drove the Laney team bus. He did it all. Number 5. Jake [inaudible]. You’re going to hear a lot about this guy in the future. (A round of applause is given.) Mr. Kane: Number 6, a junior, defensive back, Travis Glover. (A round of applause is given.) Mr. Kane: Number 7, sophomore, wide receiver, Curtis Sapp. (A round of applause is given.) Mr. Kane: Number 8, this guy, when the season started, wasn’t even supposed to be the starting quarterback, but there was an injury, and Dominick Walker, only a sophomore, stepped in and had a quite a season to lead this team all the way to the semifinals. And by the time he’s a senior, I think he’s going to be one of the best quarterbacks in the state of Georgia. Dominick Walker. (A round of applause is given.) Mr. Kane: Number 9, a junior, defensive back, Marquez Gibson. (A round of applause is given.) Mr. Kane: Number 11, sophomore wide receiver, Jason Morris. (A round of applause is given.) Mr. Kane: Calling a lot of sophomore and juniors, so a lot of these guys are going to be back next year. Freshman quarterback, number 13, Kenneth Walker. (A round of applause is given.) Mr. Kane: Freshman running back, number 15, Jeremy Singleton. (A round of applause is given.) 4 Mr. Kane: Junior defensive back, and this guy made a ton of huge plays in the post-season. I think he had two or three big interceptions. Number 18, Kendrick Gonder. (A round of applause is given.) Mr. Kane: Number 19, a junior running back/defensive back, and they’re expecting big things from him next year. Robert Dunn. (A round of applause is given.) Mr. Kane: One of my favorite Laney players this past year, he made our sideline show quite a bit during the season. We called him the Brisco Kid. Wide receiver, defensive back, number 21, Rodriquez Brisco, a terrific two-way player. (A round of applause is given.) Mr. Kane: Junior wide receiver, number 23, Jamar Wright. (A round of applause is given.) Mr. Kane: Number 24, a junior running back, Deresco Williams. (A round of applause is given.) Mr. Kane: Junior wide receiver, number 25, George Comacho. (A round of applause is given.) Mr. Kane: Sophomore wide receiver, number 28, William Tolbert. (A round of applause is given.) Mr. Kane: Number 29, he’s only a sophomore, defensive back, Zachary Stevenson. (A round of applause is given.) Mr. Kane: Number 32, sophomore linebacker, J.T. Moss. (A round of applause is given.) Mr. Kane: Freshman defensive end, number 36, Herndon Burns. (A round of applause is given.) 5 Mr. Kane: Freshman wide receiver, number 38, Marcus Reeves. (A round of applause is given.) Mr. Kane: Number 40, only a freshman, defensive end, Robert Owens. (A round of applause is given.) Mr. Kane: Number 44, junior defensive lineman, Debarius Moss. (A round of applause is given.) Mr. Kane: Is Elijah Macarthur here? All right, come on up here. Number 16. Wide receiver. Sophomore. We didn’t forget you. (A round of applause is given.) Mr. Kane: Number 48, sophomore running back, Brian Collier. (A round of applause is given.) Mr. Kane: Number 50, one of 13 seniors on this team, Aquino Freeman, senior offensive lineman. (A round of applause is given.) Mr. Kane: Number 54, senior defensive lineman, Russell Brunson. (A round of applause is given.) Mr. Kane: Another senior on the offensive line, number 55, Steven Fryer. (A round of applause is given.) Mr. Kane: Sophomore defensive end, number 56, John Boyd. (A round of applause is given.) Mr. Kane: Junior defensive lineman, number 60, Robert Truett. (A round of applause is given.) Mr. Kane: A freshman on the offensive line, number 64, Lonnie Miller. 6 (A round of applause is given.) Mr. Kane: A senior, offensive lineman, number 65, Jacquez Sims. (A round of applause is given.) Mr. Kane: Another freshman on the offensive line, number 68, Kelvin Thomas. (A round of applause is given.) Mr. Kane: Number 72, a senior, going to be an engineer one day, I think, after talking to him during practice one day this year, number 72, Courtney Safford. (A round of applause is given.) Mr. Kane: A freshman, number 74, defensive lineman, Ricky White. (A round of applause is given.) . Mr. Kane: Number 75, freshman offensive lineman, Lavert Goodwin. (A round of applause is given.) Mr. Kane: Number 78, senior offensive lineman, Dimarco White. (A round of applause is given.) Mr. Kane: Is that it for all the players? We’ve got some more names -- okay, number 79, Wesley Hammond. Senior, defensive lineman. (A round of applause is given.) Mr. Kane: Number 80, Danell Cunningham, freshman defensive end. (A round of applause is given.) Mr. Kane: This next guy, Johnny Beard, had probably the best play of the season in the third play-off game. He caught a high snap against Carrollton and saved Laney’s season, I believe, in that, before the Georgia Dome. Johnny Beard, 81. (A round of applause is given.) Mr. Kane: And number 90, freshman defensive lineman, Philip Jackson. (A round of applause is given.) 7 Mr. Kane: I’d like to bring up some of the assistant coaches who are on hand. Comilio Johnson. (A round of applause is given.) Mr. Kane: Pete New. (A round of applause is given.) Mr. Kane: And the head coach, once again, Eric Parker, who led the Laney nd Wildcats to a 12-2 season, 2 place in Region III, a trip to the Georgia Dome in the semifinals. Congratulations, coach. (A round of applause is given.) Mr. Kane: Would also like to introduce once again the principal of Laney High School, Dr. Hawthorne Welcher. (A round of applause is given.) Mr. Kane: Congratulations, guys. You represented Augusta in a class, class way this past season. It was fun to cover you. (A round of applause is given.) Mr. Mayor Pro Tem: Madame Clerk? The Clerk: Yes, sir, under the delegation portion of our agenda: DELEGATION: Mr. Vernon Zinnerman, Sr. Augusta, Georgia RE: Ordinance 6236 – Removal of Abandoned and Junk Vehicles Mr. Mayor Pro Tem: Is Mr. Zimmerman present? The Clerk: Is Mr. Zimmerman here? Mr. Mayor Pro Tem: He’s outside? The Clerk: Would you like to defer it until the end of the meeting? Mr. Mayor Pro Tem: We’ll defer until the end of the meeting. 8 The Clerk: The next order of business is election of officers for the position of Mayor Pro Tempore for 2003. ELECTION OF OFFICERS: A. Mayor Pro Tempore for 2003 Mr. Mayor Pro Tem: Gentlemen? Mr. Cheek? Mr. Cheek: Thank you, Mr. Mayor Pro Tem. Again, it is the extreme honor and privilege that I have to nominate the existing, and Lord willing, future Mayor Pro Tem, Richard Colclough. Mr. Williams: I second that. Mr. Mayor Pro Tem: Motion and second on the floor. Any discussion? Hearing none, all in favor, the sign of voting. Motion carries 10-0. Mr. Mayor Pro Tem: Thank you, gentlemen, for trusting me with this office for another year. I will try to do the best I can to make you proud of me. Madame Clerk? The Clerk: Yes, sir, the next order of business is the appointment of legal counsel for 2003. APPOINTMENT: B. Appoint Legal Counsel for 2003 Mr. Mayor Pro Tem: Gentlemen? Mr. Shepard: Mr. Chairman? Mr. Mayor Pro Tem: Mr. Cheek? I’m sorry, I mean Mr. Shepard. Mr. Shepard: Mr. Mayor Pro Tem, members of the Commission, I nominate James B. Wall as legal counsel. Mr. Mays: I second that. Mr. Mayor Pro Tem: Motion and second on the floor. Any discussion? Mr. Williams: Yes, sir, Mr. Mayor, Mr. Mayor Pro Tem. Mr. Mayor Pro Tem: Mr. Williams? 9 Mr. Williams:I would ask that I’ve got no problem with the nomination, but we defer this until we go into legal. I’ve got some things that I’d like to ask in a legal sense before we make that nomination, if that’s possible. I mean. Mr. Mayor Pro Tem: Is that in the form of a motion? Mr. Williams: In the form of a motion. Mr. Cheek: Second. Mr. Mayor Pro Tem: Second on the floor. Motion and second. All in favor -- is there any discussion? Hearing none, all in favor -- we’ve got to [inaudible] the first motion, right? The Clerk: No, sir, substitute. Mr. Mayor Pro Tem: All in favor of the substitute motion, please signify by voting. Mr. Mays: [inaudible] any discussion on that substitute motion, Mr. Colclough? Mr. Mayor Pro Tem: No, we did not. Mr. Mays: I’m going to respect the right to take it to legal session, but it’s not going to change my second or my vote. (Vote on substitute motion) Mr. Boyles, Mr. Bridges, Mr. Kuhlke and Mr. Shepard vote No. Motion carries 6-4. Mr. Mayor Pro Tem: Next item? The Clerk: Next item is our consent agenda, which consists of items 1 through 31. Items 1 through 31. Mr. Mayor Pro Tem: [inaudible] alcohol? The Clerk: Yes, sir. Mr. Kuhlke: I move approval. Mr. Shepard: Second. Mr. Mayor Pro Tem: Motion and second on the floor for approval. 10 The Clerk: For the benefit of any objectors, would you like me to read the alcohol ones? Mr. Mayor Pro Tem: Read the alcohol -- The Clerk: Read the alcohol petitions. For the benefit of any objectors to the alcohol petitions, would you please signify your objection by raising your hand when the petition is read? PUBLIC SERVICES: 4. Motion to approve a request by Chris Cheek for an on premise consumption Liquor, Beer & Wine license to be used in connection with Somewhere in Augusta located at 2701 Washington Road, Suite 2. There will be Sunday sales. District 7. Super District 10. (Approved by Public Services Committee December 23, 2002) 5. Motion to approve a request by Milton D. Simmons for an on premise consumption Liquor, Beer & Wine license to be used in connection with Nate’s Lounge located at 3663 Deans Bridge Road. District 6. Super District 10. (Approved by Public Services Committee December 23, 2002) 6. Motion to approve a request by Yong Henson for a retail package Liquor Beer & Wine license to be used in connection with J.C. Package located at 2501 Peach Orchard Road. District 2. Super District 9. (Approved by Public Services Committee December 23, 2002) 7. Motion to approve a request by M. Richard Cutler for an on premise consumption Liquor, Beer & Wine license to be used in connection with Roland Garros, Inc d/b/a The Club at Raes Creek located at 3206 West Wimbledon Drive. There will be Sunday sales. District 3. Super District 10. (Approved by Public Services Committee December 23, 2002) The Clerk: Are there any objectors to those petitions? There are no objectors, Mr. Mayor Pro Tem. Mr. Mayor Pro Tem: Mr. Cheek? Mr. Cheek: Mr. Mayor Pro Tem, can we add items from the addendum agenda, 1, 2 and 3 to the regular consent agenda? Mr. Mayor Pro Tem: Is that a motion? Mr. Cheek: Yes, sir. Mr. Mayor Pro Tem: Motion on the floor to add items 1, 2 and 3 to the consent agenda. Mr. Shepard: Second. 11 Mr. Mayor Pro Tem: Motion and a second. Any discussion? Mr. Wall? Mr. Wall: Insofar as item number 3, if the motion could also recite that it’s to amend the resolution to include that insofar as collection of the fees. Mr. Mayor Pro Tem: Okay. Mr. Cheek: Motion. Mr. Mayor Pro Tem: Accept on the amendment Mr. Cheek: I’ll accept it. Mr. Mayor Pro Tem: Mr. Williams and Mr. [inaudible]. Mr. Williams: Mr. Mayor Pro Tem, I just want to bring to the floor, to the attention that 10 and 14, is that the same item, just under different? Mr. Mayor Pro Tem: Same item. The Clerk: Yes, sir. Mr. Williams: Okay. Okay. I just -- that’s all. Just wanted to make sure that was the same item, not two separate items that we voting on. Mr. Mayor Pro Tem: All right. Mr. Bridges: Is this the time to pull? Mr. Mayor Pro Tem: Yes, sir. Mr. Bridges: Okay. I want to pull number 3 on consent, just for discussion. Mr. Mayor Pro Tem: Number 3. Any other items to be pulled? Mr. Bridges: That’s number 3 on the addition, Mr. Mayor Pro Tem. Mr. Mayor Pro Tem: On the addition? Okay. Mr. Williams: Pull number 8. Mr. Mayor Pro Tem: Number 8. Any other items? PUBLIC SERVICES: 12 1. Motion to approve bid award in the amount of $92,225.93 to Beam Pavement to pave runway extension at Daniel Field. (Approved by Public Services Committee December 23, 2002) 2. Motion to approve bid award in the amount of $42,058.54 to Walker & Whiteside, Inc. to modify runway lights and install PAPI lights at Daniel Field Airport. (Approved by Public Services Committee December 23, 2002) 3. Motion to approve a request by Gordana Z. Downs for a Therapeutic Massage License to be used in connection with Integrative Massage and Body Therapy Center located at 25 Wheeler Road, Suite 210. District 3. Super District 10. (Approved by Public Services Committee December 23, 2002) 4. Motion to approve a request by Chris Cheek for an on premise consumption Liquor, Beer & Wine license to be used in connection with Somewhere in Augusta located at 2701 Washington Road, Suite 2. There will be Sunday sales. District 7. Super District 10. (Approved by Public Services Committee December 23, 2002) 5. Motion to approve a request by Milton D. Simmons for an on premise consumption Liquor, Beer & Wine license to be used in connection with Nate’s Lounge located at 3663 Deans Bridge Road. District 6. Super District 10. (Approved by Public Services Committee December 23, 2002) 6. Motion to approve a request by Yong Henson for a retail package Liquor Beer & Wine license to be used in connection with J.C. Package located at 2501 Peach Orchard Road. District 2. Super District 9. (Approved by Public Services Committee December 23, 2002) 7. Motion to approve a request by M. Richard Cutler for an on premise consumption Liquor, Beer & Wine license to be used in connection with Roland Garros, Inc d/b/a The Club at Raes Creek located at 3206 West Wimbledon Drive. There will be Sunday sales. District 3. Super District 10. (Approved by Public Services Committee December 23, 2002) ADMINISTRATIVE SERVICES: 8. Deleted from the consent agenda. 9. Motion to approve staff recommendation to pay for additional services for tasks and deliverables outside the original scope in the amount of $43,000 relating to the Inner City Master Plan. (Approved by Administrative Services Committee December 23, 2002) 10. Motion to approve offering an annual salary of $50,000.00 (mid-point) to the candidate for Fire Department EMS Coordinator. (Approved by Administrative Services Committee December 23, 2002) PUBLIC SAFETY: 11. Motion to approve a request from the CSRA Humane Society to extend the lease for the old City Stockade for an additional five-year period. (Approved by Public Safety Committee December 23, 2002) 12. Motion to approve a 60-month lease/purchase agreement with Dictaphone Corporation for a 9-1-1 logging recorder and call checks. (Approved by Public Safety Committee December 23, 2002) 13 13. Motion to approve the replacement of obsolete computers. (Approved by Public Safety Committee December 23, 2002) 14. Motion to approve offering an annual salary of $50,000.00 to the candidate for Fire Department EMS Coordinator. (Approved by Public Safety Committee December 23, 2002) FINANCE: 15. Motion to approve waiver of tax penalty ($2,536.87) on property purchased by the Richmond County Board of Education from Shriom Enterprises. (Approved by Finance Committee December 23, 2002) 16. Motion to approve increased budget for aviation fuel in the amount of $750,000 for cost of goods sold at Augusta Regional Airport at Bush Field. (Approved by Finance Committee December 23, 2002) 17. Motion to approve the abatement of tax balance for 2002 – property acquired by City for Greenspace Program. .(Approved by Finance Committee December 23, 2002) 18. Motion to approve a request for maintenance funds for a new vehicle that the District Attorney’s Office will purchase from asset forfeiture funds. The purchase price will not impact budgeted funds. (Approved by Finance Committee December 23, 2002) ENGINEERING SERVICES: 19. Motion to authorize condemnation against property of Leroy H. Simkins, et al. to acquire necessary easement. (Approved by Engineering Services Committee December 23,2002) 20. Motion to authorize condemnation of a portion of Tax Map 107, Parcel 35.03, which is owned by Steve Li, for an easement on the Butler Creek Interceptor Upgrade, more particularly described as 5,495 square feet, more or less, of permanent easement and 4,425 square feet, more or less, of temporary construction easement. (Approved by Engineering Services Committee December 23, 2002) 21. Motion to authorize condemnation of a portion of Tax Map 107, Parcel 347, which is owned by John J. Manello, for a permanent utility easement in connection with the Butler Creek Interceptor Upgrade Project, more particularly described as 676 square feet, more or less, of permanent utility easement. (Approved by Engineering Services Committee December 23, 2002) 22. Motion to authorize condemnation of a portion of Tax Map 139, Parcel 395, which is owned by Tan Ngoc Long and Anh Tuyet Huynh, for permanent utility easement on the Horsepen Sanitary Sewer Extension Project. (Approved by Engineering Services Committee December 23, 2002) 23. Motion to approve condemnation of a portion of Tax Map 123, Parcel 7.01, which is owned by Norfolk Southern, for an easement in connection with the Tobacco Road Water Treatment Plant, more particularly described as 7,679 square 14 feet, more or less, of permanent utility easement. (Approved by Engineering Services Committee December 23,2002) 24. Motion to approve a request to amend the Tree Ordinance with the Illustrated Guide. The additional wording added to the Ordinance provides for clarification of the existing regulations. The Illustrated Guide changes the point values to multiples of five (5) for all trees. A list of trees under power lines was also developed. (Approved by Engineering Services Committee December 23, 2002) 25. Motion to approve funds in the amount of $150,656.66 and allow the Utilities Department to award extra work to a current contract with Construction Perfected, Incorporated to install a new water line in the Apple Homes Development on SR 56. (Approved by Engineering Services Committee December 23, 2002) 26. Motion to approve bid award of contract to Eagle Utility Contracting, Inc. in the amount of $1,373,072.00 for the construction of the Jamestown Sanitary Sewer Extension. (Approved by Engineering Services Committee December 23, 2002) 27. Motion to approve Capital Project Budget (CPB #324-05-201150500) in the amount of $260,000.00 to be funded from Special Purpose Local Option Sales Tax (SPLOST) Phase IV for the Judicial Center. Also, authorize Public Works and Engineering to award a contract to the only bidder, KONE, in the amount of $121,167.00 to replace the hydraulic elevator at the east end of the Municipal Building. The contract will include an option to replace the hydraulic elevator at the west end of the building for an additional $123,267.00 prior to February 3, 2002 subject to execution of contract. (Approved by Engineering Services Committee December 23, 2002) 28. Motion to authorize a section of Glenn Hills Drive between Breeze Hill Drive and Bobby Jones Expressway be placed on the Street Lighting Master Plan. The estimated annual cost of $2,304 per year plus a one time construction cost of $825. This cost will be funded from the General Fund Street Light Account No. 101041610/54.14510.. (Approved by Engineering Services Committee December 23, 2002) 29. Motion to authorize payment in the amount of $10,720.29 to Southern Natural Gas Company for reimbursable pipeline adjustments required in conjunction with the Bobby Jones Expressway @ S.R. 56 Additional Loop Project to be funded from the One Percent Sales Tax Phase III Recapture Account. (Approved by Engineering Services Committee December 23,2002) 30. Motion to authorize payment in the amount of $82,204.55 to the Georgia Department of Transportation in accordance with the Force Account Agreement between the Georgia Power Company, Richmond County, and the Georgia Department of Transportation from One Percent Sales Tax Phase III Recapture (Account Number 323-04-296823333). (Approved by Engineering Services Committee December 23, 2002) PETITIONS & COMMUNICATIONS: 31. Motion to approve the minutes of the regular meeting held December 7, 2002. 15 Addendum Item 1. Approve Change Order Number Three with Mabus Brothers Construction in the amount of $37,170.00 on the Laney Walker Boulevard Reconstruction Project to be funded from the project contingency account. Also approve Capital Project Budget (326-04-288811018) Change Number Six to reflect internal project account transfers. Addendum Item 2. Approve reclassification of the Assistant Solid Waste Manager position from pay grade 52 to Solid Waste Manager at pay grade 55. Mr. Mayor Pro Tem: There are no other items pulled. All in favor of the motion, please signify by the sign of voting. Mr. Bridges and Mr. Colclough vote No on Sunday sales portion. Motion carries 10-0. [Items 4 and 7] Motion carries 10-0. [Items 1-3, 5-6, 9-31, Addendum Items 1 and 2] Mr. Mayor Pro Tem: Mr. Bridges, item 3. Addendum Item 3. Approve the Change Order Number One in the amount of $29,333.17 to Advanced Disposal to provide Solid Waste Collection Services (Bid # 00-119) to Nellie Drive/Plantation Road Area (Section 9A). Mr. Bridges: This is an issue I received some calls on, and it’s old District 8 territory. It’s now District 6 and I certainly respect the right of the Commissioner there to request this and I don’t think he’s going to have any trouble with it today. But I did receive some calls on this from old constituents of mine and I’m going to vote against it, not only for that reason, but it does -- anytime we piece meal an extension of the garbage collection, it moves that garbage area further into the rural area which is District 8, and as I’ve mentioned to you before, it does create a problem in District 8, because what happens if the hauler for that District that is, that gets the new extension, if, if there are some haulers that are in the rural areas that are not included in that extension and it creates a financial condition for them, they just simply leave the individual that’s not, the people that are not in the area included here, and those people are left without garbage service, to try and find additional service. So it does create a problem out in the rural areas, even though those areas are not being included in this. But I do respect the right of the Commissioner to request this. I think that it’s his territory and I certainly respect his right to do it, but this is not a motion, something I can vote for. Of course I haven’ t heard the motion. Mr. Mayor Pro Tem: Mr. Cheek? Mr. Cheek: I’m going to make a motion to approve and then have a comment, too. 16 Mr. Mayor Pro Tem: There is a motion on the floor to approve item number 3 on the agenda addendum. Mr. Williams: Second. Mr. Mayor Pro Tem: Motion and second. Mr. Wall: As amended. Mr. Mayor Pro Tem: As amended. Mr. Cheek: The comment I have is that part of this area, this is an area that is somewhat unique in that Nellie Drive is split basically 60/40 old District 8/District 6 which is now all District 6. Initially, the arrangements were made for all of Nellie Drive to have the trash collection service. There was an oversight on my part when this was reviewed recently and this area was deleted from that. We’re coming back. I, too, have received many calls from folks in that area requesting the service. I had one last night from an 82-year-old lady that wasn’t complaining, she just wanted to know when the service would begin. This is a high density area north of Plantation Drive that has houses basically shoulder-to-shoulder and has a good deal of rental properties in there, which are the problem children for litter in this city that we’ve corrected in the rest of District 6, and I just ask all of you as my colleagues to please pass this measure and help us continue the clean-up that we have facilitated throughout the remainder of District 6 by this trash collection. If you drive a short two blocks up to Boykin Road and drive down Boykin Road and compare it to what your memories of Boykin Road were two years ago, it is a completely different area because there is no, no desire on the part of the people living there to hoard trash or burn things in their back yard or stack leaves. It is cleaned up and I will say this for the record that the trash collection service has been one of the best things that this Commission has done to actually clean up the city of Augusta and there are remarkable things in District 6 as a result of it. Mr. Mayor Pro Tem: Ms. Smith, you wanted to say -- come to the mike. Ms. Smith: Thank you. I would just like to point out that included in that agenda item are two alternatives. One alternative is to only add the Nellie Drive area. The other alternative is to add Nellie Drive and the area that is on the north side of Plantation. So when the motion is made, we would like to get clarification as to which of those two alternatives we’re being instructed to follow through on. Mr. Cheek: The north side of Plantation is the area that has a high density So we’re asking for the north population. The south side of Plantation is flagpole lots. side of Plantation back towards the area that is already in service. Mr. Mayor Pro Tem: Any further discussion on this item? 17 Mr. Mays: Yes. Mr. Mayor Pro Tem: Mr. Mays? Mr. Mays: I’m going to vote for the motion, I believe we’ve got some pockets that, that need to be, be cleared up, and I know it’s something that the Commissioner th from the 6 has worked on for some time. But as we extend or expand any of these contracted routes, and this may not be germane per se to, to the question, but if we’re expanding, but how are we in terms of with the, not just with, with this particular hauler, per se, but are we, are we up in terms of haulers period in terms of revenue owed the county? And where do we sit on that particular issue? Mr. Mayor Pro Tem: Are you directing that to [inaudible]? Mr. Mays: I’m directing it to anybody that can answer it. Mr. Mayor Pro Tem: Mr. Administrator? Mr. Kolb: Mr. Mayor Pro Tem, members of the Commission, if I understand what Commissioner Mays is asking, I was kind of diverted, we are doing fine with respect to collection of revenues. As you are aware, [inaudible] as special assessment and service districts and it’s designed to collect or cover the actual cost of providing the service. So we’re on track there and we will adjust it every year, depending on what the cost of the actual contract is. Mr. Mays: But there is no gross delinquency as such with, with, with any of the companies per se that you’ve got that’s on, that are on us with these contractual dealings? Cause I still will support the motion because I think the service needs to be expanded [inaudible], but I want to understand as we expand that we, we, we talking recently to businesses both large and small that, that have been owed revenues and we made a particular issue about that last committee meeting and last Commission meeting. Now we are dealing with a situation whereby taxes are being collected from citizens and charged for them in order to provide these services and companies work for them, and I’m just trying to find out whether or not just in general whether people are up-to-date with what they are supposed to be paying in terms of whether it’s in landfill fees or whatever it’s generated to owe to Richmond County. Mr. Kolb: From my last review, which was last month, I did not see any delinquencies on the part of any of the contractors related to this contract. We have not checked any property taxes, but I think it’s probably a little early, since the collection period has not ended. But we will check on that and advise you if there is a problem. Mr. Mays: Okay. I just, I just wanted to ask you, Mr. Mayor, for the record, and it was not specifically dealing with anything to do with property taxes. It was strictly in revenues as such that they be dealt with, with the landfill and with solid waste 18 collections. And I might I was glad to see the previous item added on there today in reference to the Assistant Manager in Solid Waste. I wish them in terms of hiring that particular person and I’ll be even happier when I see one there for the Manager of Solid Waste and of bringing that person on board as well, since we have not only one as an only position, there are two positions that have been vacant for entirely too long that need to be filled. Mr. Mayor Pro Tem: Mr. Cheek and then Mr. Williams. Mr. Cheek: Just a, just a quick question and this is for Ms. Smith, I guess. We have -- the cans have already been put out. Do we have an estimated start date for services? Mr. Kolb: Thursday. Mr. Cheek: Thursday? Ms. Smith: As is stated in the agenda item, and I know you probably didn’t have an opportunity to read it, but with the approval today, their first pickup will be on Thursday. Mr. Cheek: I had about four calls to that effect. It wasn’t complaints, it was when are we going to start. Ms. Smith: Right. Mr. Cheek: Thank you. Mr. Mayor Pro Tem: Mr. Williams? Mr. Williams: Thank you, Mr. Mayor Pro Tem. Since we’re talking trash here, I wanted to make a comment. We did a contract, and I think we did ourselves an injustice in some cases. I don’t know per se where this contract is. But what we did before was allowing people to put any and everything out, really created some problems. And not, not so great cause the good outweighed the bad. But I would hope when we negotiate and talk about these contracts and what we doing now, that we would kind of have some guidelines as to what we tell the constituents that they can put to the curb. And not only those who are putting the curb, but those who are not picking up as the schedule has permitted them or the schedule they had agreed to do. And maybe the landfill person that Commissioner Mays talked about or that manager of somebody else may be able to maybe be on track a little bit more. But I think we ought to be mindful about what we, what we have put together and what we extended to the next contract and to the next contract. If those same things are in place, we, we have not done in certain areas all that we could have done in helping to work with the contractors so that it won’t be overbearing. And I guess I’m talking around in circles and I don’t want to get too far in 19 left field with this. But we ask them to put out anything and there are some people taking advantage of it, of the contractors. Then there are some people who the contractors taking advantage of. So we need to look at our contract close and see what, you know, when we keep extending, and then we going to extend this same contract, we are going to get the same thing. So I just wanted to bring that to the table. Got no problem with what Commissioner Cheek is trying to do and to get this cranked up. I see a great difference in the city because we do have this type of service and I’d like to see it continue. Mr. Mayor Pro Tem: Mr. Kolb? Mr. Kolb: Mr. Mayor Pro Tem, members of the Commission, I can’t agree with Commissioner Williams even more. He is correct in his analysis. And of course, this is our first effort and first round ever of solid waste contracts and we are documenting lessons learned so that we can improve on our next round of contracts. However, in the meantime, based on some concerns raised in the Engineering Services Committee meeting by Commissioner Mays, we have been meeting with contractors to talk to them about problems that we see currently with exactly what you’re talking about. And they are committing to look into the situation, do a better job of tracking complaints and noticing persons who may be in violation of the rules governing the refuse being placed at the curb. So we are making efforts to improve that service. In addition, you will note if you are within any of the service districts that you will be receiving either from us or from your hauler a reminder of the kinds of things that you can leave at the curb, as well as the days scheduled for bulk pickup, for your regular trash pickup, or recycle, etc. So we are making every effort we can to remind the contractors, number one, and our customers of their obligations in this program. Mr. Mayor Pro Tem: Any further discussion on item 3? Hearing none, all in favor of the motion, please signify by the sign of voting. All in favor of the motion, please signify by the sign of raising your hand. All opposed, likewise. Mr. Bridges votes No. Motion carries 9-1. The Clerk: Mr. Mayor Pro Tem, for the notation of our official meeting, we’d like to acknowledge the absence of Mayor Young because he’s attending the U.S. Congressional Inaugural activities in Washington, D.C. Mr. Mayor Pro Tem: So noted. Next item? The Clerk: [inaudible] consent agenda now? Mr. Mayor Pro Tem: Number 8, item number 8. 8. Motion to approve the early promotion to ten (10) percent above minimum range for Ms. Brenda Brown to the Augusta Regional Airport’s Accounting 20 Analyst/Accountant II position. (Approved by Administrative Services Committee December 23, 2002) Mr. Hankerson: Thank you, Mr. Mayor Pro Tem. I just wanted to ask a question for some clarity on this because I discussed this item the last time it came up about the policy, about hiring someone that has only been on the job for six months. And the question I want to ask, we asked it last week but I want to make sure that I understand what we mean by this position being advertised as in-house position. It was advertised in-house, I think. The Administrator says something about how it was advertised, I wanted to get a clarity on that because I want to know the difference in in-house and intra-departmental and how, again, how this position was advertised. I thought we were told last, our last meeting that the position was advertised to all city employees and I just want to get clarity on that. Mr. Mayor Pro Tem: Ms. Pelaez? Ms. Pelaez: Yes, sir, thank you. The position was advertised in-house. In-house means that it’s advertised only at that particular department, which would be the Augusta Regional Airport. Therefore, if you worked in another department you would not, you would not be able to apply for that position. Intra-governmental applies to people who only work for the government, which means that an outside individual who is not employed by Augusta Richmond County, they would not be eligible to apply for that position. So those would be the differences between in-house and intra-governmental. Mr. Hankerson: Okay, cause I understood last, when I asked that question last time it was stated that this position was advertised to all city employees, and I don’t have any problems with it cause I said last week that it seemed like everyone [inaudible] approval of this position, but I just want to remind us what we are doing and making sure that we following policy in what we are doing. Ms. Pelaez: Yes, sir. Mr. Hankerson: So by it being on consent, I pulled it off. Does it still need a motion to be approved or what? The Clerk: Yes, sir. Mr. Hankerson: Cause I’ll still do that in the form of a motion to approve it. Mr. Mays: Second. Mr. Mayor Pro Tem: Motion and second. Mr. Williams and then Mr. Beard? Mr. Williams? 21 Mr. Williams: Thank you, Mr. Mayor Pro Tem. I got no problem with the position, but I do have a problem with what I just heard then, and like Commissioner Hankerson said, we was told that it was advertised in-house. And assuming in-house meant that everybody inside the government had an opportunity that wanted to apply for the job. But if we are waiving or doing a six months early move and that’s not legal from what my statement was from last time, cause I said if the policy is wrong we need to change it, so if we are having a special exception and then a 10% advance, if everybody don’t have that special exception -- Jim, how can we allow just those people in that area? I got no problem with the position, no problem with -- but I mean, if we going to play ball this year, I’m going to keep score. Mr. Wall: A decision is made at the time a position is advertised as far as whether it’s going to be, whether candidates are going to be sought from in-house, that department, or whether you’re going to expand the scope of that. And then the personnel policy has a provision that specifically allows the Commission to allow an early increase in compensation, early promotion. And so the policy is being followed in allowing someone to bring it to the Commission to allow for that early promotion, because the policy does have a specific provision that allows it to be brought to the Commission to be considered. Mr. Williams: So since we approved that and we said it was okay to do that, did everybody know that -- here I am with Andy, and he’s got six months and I’ve got six months but I don’t know I can apply for the job. I mean if, if you don’t know you can apply -- Mr. Wall: Talking about to apply for the position? Mr. Williams: Apply for the position. Mr. Wall: Or apply for the promotion? Mr. Williams: Well, for the position and, and then I’m looking at, this position which was enabling them to move before the year’s probation was up. And if we okay that for that department just to do within that department, then everybody in that department should have known, even though you ain’t got but eight months you still eligible to be able to put in for it. Mr. Wall: Well, it was posted within the airport, so every employee that was there had the opportunity to see the advertisement and apply for the position. So that part of it, I think has been covered. Now if a department director made inquiry of Personnel Department, if there has been a request to promote somebody early within that department, then I would hope that the Personnel Department would be familiar with the provision and would allow it to be brought before the Commission for consideration. 22 Mr. Williams: I would hope so, too. But you ain’t answered my question, Jim. Did it happen? Mr. Wall: Well, it happened in this case. Mr. Williams: It happened in this case? That’s what I want to know. If everybody was in, and I was thinking in-house was everybody within the government but in that particular department, if they knew that even though they didn’t have, they had less than a year’s time, they could apply as well because you said it was posted? Mr. Wall: [inaudible] apply, now they would not have known at the time of the application that there was a promotion in store. No. I don’t understand what you’re asking. Mr. Williams: Well -- Mr. Wall: A promotion issue is a separate issue than the application. So I’m confident that there was -- Mr. Williams: It’s two things being asked for. I mean it’s early [inaudible] within six month and a 10% and the promotion. Mr. Wall: Well. I think that’s really one thing. I mean the promotion and the 10% are one and the same thing. Mr. Williams: Okay. The promotion, you not allowed for that until you get 12 months, so that’s -- Mr. Wall: Unless it’s approved by the Commission to be promoted early. Mr. Williams: Okay, so you’re asking for two things, still. You come asking the Commission to approve it, six months, less than a year. And with that you get 10%, is that what you’re saying? Mr. Wall: Well, it’s part and parcel the same. Promote them with the 10% increase. And I guess you, the promotion would necessarily include an increase, and I guess the amount of the increase could be considered a separate item. Mr. Williams: Okay. All right. Well, we’ll go ahead, Jim. That’s all, Mr. Mayor Pro Tem. Mr. Mayor Pro Tem: Is there any further discussion on this item? Mr. Hankerson: Call for the question. 23 Mr. Mayor Pro Tem: The question has been called. All in favor of the motion please signify by the sign of voting. Mr. Williams abstains. Motion carries 9-1. Mr. Mayor Pro Tem: Go back and approve the consent agenda. The Clerk: We approved the consent agenda, Mr. Mayor Pro Tem. We’re at the regular agenda. Mr. Mayor Pro Tem: We’re at the regular agenda? The Clerk: Yes, sir. PUBLIC SERVICES: 32. Motion to approve a request by Pratul B. Patel for an on premise consumption Liquor, Beer & Wine license to be used in connection with The Big Easy Cafe located at #2 Eighth Street. There will be Sunday sales. District 1. Super District 9. (No Recommendation from Public Services Committee December 23, 2002) Mr. Sherman: This is a request by Mr. Patel for an on-premise consumption liquor, beer and wine license to be used in connection with The Big Easy Café, again located at #2 Eight Street. There will be Sunday sales. It’s District 1, Super District 9. The License Department and the Sheriff’s Department have reviewed the application and it meets the requirements with regard to the location requirements, the zoning and the distance requirements. We recommend that it be approved. Mr. Kuhlke: I so move. Mr. Mays: Second. Mr. Mayor Pro Tem: Motion and second on the floor. Any discussion? Hearing none, all in favor of the motion please signify by the sign of voting. Mr. Beard: Do we have objectors to this? Mr. Mayor Pro Tem: No objectors. Mr. Sherman: No objectors. Mr. Bridges and Mr. Colclough vote No on Sunday sales portion. Motion carries 10-0. 24 Mr. Bridges: Mr. Chairman? Mr. Mayor Pro Tem: Yes, sir? Mr. Bridges: Could I go on record as voting against the Sunday sales portion of that, as well as the ones under the previous consent agenda? Mr. Kuhlke: It think he’s too late. (Laughter) Mr. Mayor Pro Tem: No, he’s not. The Mayor Pro Tem likewise. The Clerk: Okay. Mr. Mayor Pro Tem: Next item. The Clerk: 33. Motion to approve a request by Jonathan Vick for an on premise consumption Liquor, Beer & Wine license to be used in connection with National Hills Bar & Grill located at 2701 Washington Road, Suite 17. There will be a dance hall. District 7. Super District 10. (No Recommendation from Public Services Committee December 23, 2002) Mr. Sherman: Again, the Sheriff’s Department and the License Department have reviewed the application. It meets the requirements with regard to the location, again the zoning and the distance requirements. We recommend that it be approved. Mr. Kuhlke: I so move. Mr. Cheek: Second. Mr. Mayor Pro Tem: Motion and second on the floor. Any discussion? Mr. Bridges: Any objectors, Mr. Chairman? Mr. Mayor Pro Tem: No objectors. No objectors. Mr. Sherman: No objectors. Mr. Mayor Pro Tem: No discussion? All in favor of the motion please signify by the sign of voting. Mr. Colclough votes No. 25 Motion carries 9-1. The Clerk: PUBLIC SAFETY: 34. Report from the Administrator regarding Mutual Aid Agreements relative to ambulance service in the City of Augusta. (No recommendation from Public Safety Committee) Mr. Mayor Pro Tem: Mr. Kolb? Mr. Kolb: Mr. Mayor Pro Tem, members of the Commission, you have in your packets a form or a mutual aid agreement between the two contractors, Rural Metro and Gold Cross Ambulance Service. However, since the committee meeting, there have been more negotiations and discussions on the two contractors’ part and I’m happy to report that there is a tentative agreement that was arrived at yesterday, and I’ll let Deputy Administrator Russell comment on those, and we do have copies of it. There are some slight changes. Mr. Mayor Pro Tem: Mr. Russell? Mr. Russell: [inaudible] at the meeting yesterday, representatives from Gold Cross and Rural Metro signed a mutual aid agreement that met the specifications that were outlined by the Commission in the last several discussions. There will be no county funds paid for any mutual aid agreement. That would be handled between the two ambulance companies themselves. They would have the ability to bill each other for an agreed-upon price, and I have copies of those agreements here if you’d like for me to share those with you. Mr. Mayor Pro Tem: Gentlemen? Mr. Williams? Mr. Williams: Fred, was what the changes the Administrator mentioned, said there would be some slight changes. What, what, what are those changes? Mr. Russell: In the initial agreement that we talked about last time, Mr. Chairman, we had the county paying for the $200 fee that was required by Rural -- by Gold Cross for receiving that. At this point, they’ve agreed to charge each other for that fee if mutual aid is provided, if they feel like doing so. So no tax dollars are being paid at this point, sir, per your request last time. There is an agreement where in case of an emergency that they -- a disaster type emergency -- that they would provide mutual aid, as they have both said all along to each other without any charge. So if we have a major disaster, there would obviously be no charge, and both companies agreed to provide that aid and have done so the entire negotiation. 26 Mr. Williams: I certainly appreciate that and I’m glad that this finally got worked out. I don’t understand why we, we waited and drug our feet on it, but I’m just glad to know that it has happened and we have got an agreement that this county, this government can live with, and I thank all three, Rural, Gold Cross and yourself, Fred, and George or whoever else had any input on it. I’m just, I’m just -- this is something I think we could have done earlier, but it’s done and that’s the main thing. Mr. Russell: Thank you, Mr. Chairman. Would y’all like copies? Mr. Mayor Pro Tem: Yes, sir, Mr. Kolb? Mr. Kolb: Mr. Mayor Pro Tem, there is no action required since this is a contract between two parties, other than to receive the report. Mr. Shepard: I move we receive it as information. Mr. Bridges: Second. Mr. Mayor Pro Tem: Motion and second on the floor to receive as information. Discussion? Mr. Mays: Yes, sir, Mr. Chairman. Mr. Mayor Pro Tem: Mr. Mays? Mr. Mays: Mr. Mayor Pro Tem, happy new year. Mr. Mayor Pro Tem: Same to you, Mr. Mays. Mr. Mays: I want to say that to the rest of my colleagues and all of those who make up the Augusta Richmond County family. I certainly am most happy that this situation has been resolved. I listened very closely, and I say this not just because I’ve two ministers as colleagues up here, but I listened very closely to my pastor, Dr. Jordan, on watch night service coming into the new year, and not to preach to anybody today, but I’m talking about getting rid of old baggage and things that saddled us down in 2002. I hope that in this spirit of what was just settled yesterday with this item, even though maybe minor in terms of what’s being presented to us, but reflecting a major change because of the amount of people that it affects, that this can be a [inaudible] in terms of working smoothly in terms of things that the Commission requests or the things that staff may request of this Commission in terms of getting problems solved, working them before they get to the floor of this Commission, so that right or wrong the perception does not go out that we foster an atmosphere that we cannot get along. I think it’s very unfortunate that this drifted for a period of three months before a simple situation of which I remember sitting in a committee, and I think my colleague Mr. Boyles, Tommy, I think it gets to the crux of your motion that you made in Public Safety, to just get this 27 worked out. And I think the situation that has been resolved between two professional companies, two old friends, two folk who work together in terms of in this community and serving folk, that while long overdue I’m glad to see it done. And I hope that that will be in the spirit, Mr. Mayor, of how business is done that when we set a policy and that when we request things, that they are done in that manner, because I think it gives then the indication to the general public that we are carrying out their business and in their welfare and we do not have to start World War III over simple issues that we can carry out in a very timely manner. And so I hope that that will be our new year’s gift to each other from the Commission, the staff, the Mayor, Administrator, and the people that he supervises, down to the other 2700 people that work in the Augusta Richmond County family. And maybe that can be a start in 2003 of a much better relationship so that we can move those things. And I realize we are going to have debate. That’s a part of the political process. It’s a part of democracy in terms of doing that. But I think that the less in-fighting that we can have over unnecessary things, those things that can be resolved, those things that can be done with the simple idea of just sitting down with a determined effort to work a situation out, will carry us a long way, not just in terms of imaging and window dressing, but a serious means of letting people know we are about their business and about their welfare, and I think it’s incumbent upon the 11 of us to do that, as well as the people who work with us and help to make government run and function every day. And I’m just glad to see it finally done, Mr. Mayor Pro Tem. Mr. Mayor Pro Tem: Thank you. No further questions? We have a motion on the floor to receive as information. All in favor of the motion, please signify by the sign of voting. Motion carries 10-0. Mr. Mayor Pro Tem: Next item? The Clerk: JUDICIAL ADVISORY GROUP: 35. Consider recommendation from the Judicial Advisory Group regarding the new proposed Judicial Center. Mr. Mayor Pro Tem: Mr. Kuhlke? Mr. Kuhlke: Mr. Mayor Pro Tem, gentlemen, you have in front of you some information that was prepared primarily by Mr. Wall. But we met yesterday and we had some, we had some work, additional work that we had to do with the architectural firm in regards to work orders. And what the Judicial Advisory Committee is recommending to the Commission is that we execute a master agreement with the firm of Turner, Ricci & Woodhurst, and from that master agreement we will issue certain work authorizations, the first one being the project definition phase. So that -- you’ve got this sheet, this sheet here -- Jim, I might let you go through and they can see, better than me. 28 Mr. Wall: Okay, the -- what we have done insofar as the master agreement is concerned is the way the agreement is structured is to deal with the situation that we currently only have $20 million in Phase IV and roughly $5 million left over in Phase III to not only construct a new facility but also to renovate the existing facility. Therefore, what -- and also recognize that there has been some consideration given to possibly finding additional funding or authorize additional funding sometime during the course of the construction of the new facility. Therefore, the spreadsheet that you have in front of you, the large document, is a method of demonstrating the cost of the, the expected cost of the different work authorizations. And it’s divided up into three categories, the first being the basic services at the top that has a subtotal. And then the special consultants. Now I think that it’s fair to assume without exception that those services are going to be needed and requested for each phase of the project. The optional services at the bottom are something, are services that may or may not be requested in each work authorization. For instance, in work authorization number 1, you will see that we have deleted the physical model and have also deleted security consulting. Now this does not eliminate security because again, if you’ll look back up at the top, under special consultants, you’ll see security systems as a part of the overall plan. The security consultant here was a step beyond what is felt is needed insofar as the new facility is concerned, and so therefore in meeting, in the meetings it was decided that this was not a needed service at this stage. And this will give the Commission the opportunity throughout the course of this project to execute work authorizations as funds are available in the event that additional funding does become available so that you can coordinate both the existing building work at the same time that new construction, then you could combine the work authorizations and move forward and do both of them simultaneously. But this is, the next sheet of paper that should be in your package is a one page document. It outlines the tasks that will be included in work authorization number 1, for a total of $361,280. The next document is the work authorization form itself and you will see that it revises the security consultant to demonstrate what we are requesting, which is what I call the nuts and bolts insofar as the security consultant is concerned, and also eliminates the models and provides that this work is to be done in 84 days, 84 working days from authorization. Then the final document -- well, actually, we’ve got two more documents. The next document, which is a spreadsheet bar chart, outlines the work to be accomplished in those 84 days insofar as the working definition or the project definition phase. And it shows the various tasks that will be accomplished and the schedule for those activities. And then the final document is a schedule of not only the new construction, but the anticipated renovation to the existing structure assuming that things are done sequentially and there is not a delay because of some funding needs, to find additional funds to renovate the existing building. And I’ll be glad to answer any questions, try to answer any questions if anybody has them about these documents. Mr. Mayor Pro Tem: Okay. 29 Mr. Kuhlke: Let me -- I’d like to make a motion that the Commission approve the master agreement and Work Authorization #1 in the amount of $361,280. Mr. Shepard: Second. Mr. Mayor Pro Tem: Motion and second on the floor. Discussion? Mr. Cheek? Mr. Cheek: Just a few questions. I’m looking on the project definition standard services column, and I notice that there is analysis and meetings, review of codes and historical regulations, conceptual alternatives and meetings, more meetings down in item 4. Is this a cost plus contract or is this in addition to cost we’re paying this firm to do this work, or this is a line item review of the cost for each one these segments [inaudible] work? Mr. Wall: This particular work authorization is a lump sum contract for these, for this item. This work authorization is a lump sum amount. Mr. Cheek: And it includes these particular items? Mr. Wall: Yes, sir. Mr. Cheek: As listed? Mr. Wall: That’s correct. Mr. Cheek: So if we don’t expend that money, do they keep it or does it come back to the city? Mr. Wall: Well, they -- we pay them a lump sum amount of $361,280 to do this work, and so we are paying -- Mr. Cheek: There is no guarantee that we are going to get all of these goods and services or that we are going to get -- Mr. Wall: Yes, sir. I mean if they do not, if they don’t perform this work, I mean they’ve got to submit a pay requisition, and obviously if they don’t do this work, then, you know, we’re not going to pay them or we’ll be back before you asking to terminate the contract. Mr. Cheek: I just, I haven’t read the contract. My concern is that we do drive this thing in the way of a performance based contract, that -- I’m not going to rehash history, but I just want to make sure that we do this thing consistent with the same method the School Board has used in that we require whoever gets this project to produce us a product with some savings, and perhaps there could be some award fees or other things 30 associated with that, but we need to drive this thing to where we are getting the biggest bang for our buck. The thing I’m concerned about is the same thing we run into with our road construction and our sewers and other things, is unanticipated problems. And we seem to be more concerned in a lot of cases of covering the needs of these individuals doing this contract work than we do making them bite the bullet on some of their oversights, engineering oversights and so forth, and I’m just reading on -- we may this lump sum payment -- I’ll have to find the language but it’s to help the architects avoid hardships as a matter of the work they’ll be doing for us. I just have a problem with paying for something in advance of the services being rendered. Mr. Wall: Let me, let me try to -- different phases and different work authorizations have different methodologies for payment. Work authorization #1 is a lump sum amount. Now as you get into some different phases, and those work authorizations, each one of them will be brought before you for approval and will set forth the methodology for payment, as well as either the estimated amount or the authorized amount, or a lump sum fee. Some of them will be lump sum later on. There is an incentive in here from the standpoint that we did not -- we wanted them to bear the risk of designing something that we can build. We have given them a budget, we’ve told them how many square feet the project is estimated to include, etc. If in the event they exceed -- once the bids come in, I move it down the road. If the bids come in at more than 12%, then the redesign of the project is at their expense. And so there is a penalty as such to ensure that they -- they know what our budget is and they design something that can be constructed for that budget. Mr. Cheek: So there is specific language governing, in this contract, governing delays or unexpected cost overruns and other things that would fall back on the contractor, not on the city of Augusta? Mr. Wall: Insofar as the design is concerned, yes. Now understand that insofar as delays are concerned, that there are time periods within which they’ve got to accomplish the work. But there are also provisions in the event that we need to delay, because let’s assume that a SPLOST referendum perhaps or a General Obligation Bond referendum or some additional funding is two months down the road and we want to wait and see whether or not those funds, those funds become available, so we may want to hold the project until we execute that next work authorization so that the renovation and the new construction can be combined and go on somewhat simultaneously. And so it has that flexibility built in. So yes, there is a provision in that [inaudible] -- we don’t want to get into what we did with the jail, where, you know, we had a -- Mr. Cheek: We were paying for their TV and their truck and their trailer. Mr. Wall: Exactly. Mr. Cheek: And their office furniture and their staff. 31 Mr. Wall: Well -- Mr. Cheek: I can give you the whole list. I read the contract. Mr. Wall: We had, what, Mr. Mays, $30 million and it turned out to be $45 million [inaudible] $20 million? Mr. Cheek: [inaudible] Mr. Mays: We had $32 million, we had $32 million, we ended up spending $29 million, I think, $29.2 million. And we moved in five months ahead of schedule. And we saved close to $3 million. That was after we reprogrammed it and fired the others who said they were going to sue us, and they haven’t sued us yet, cause they knew what the deal was. So those are the numbers and how we ended up. I [inaudible] recognized later, but you referred to that, and I just wanted to -- Mr. Cheek: I know the contract for that last project was before your tenure, but so help me, by God, if I see one come across the desk while I’m sitting here, there is going to be blood on the floor. Cause that was a gross misuse of the public trust in that case, to where the project, the people were being paid based on the amount of money they spent, not the amount that they saved. And that’s in contract language. And again, I’m going to go back to probably one of the finest examples in the history of this city. The School Board passed a $115 million bond referendum. They paid for it in four years out of sales tax. They hired the company with the fore-knowledge that we have this amount of money, we have this list of projects, you will raise your fee out of the money you save from this $115 million. There will be no additional fee other than that which you save. It was capped in an amount. There were performance measures in there and awards and so forth, but the truth is with that driver in place they were able to save enough money to build another school and a stadium. I want to see our contracting go to that direction to where we are, when these people come in and they get a job from Augusta, they give us the total package, not nickel and dime us along the way with every little thing that comes up that they didn’t anticipate. We’re big boys and big girls in this world doing this business, and I just don’t see the people of Augusta paying for these things when it’s an oversight on the part of the contractors. I support the Judicial Center. I support and am very proud of the work that’s been done by the Chairman. I just want to make sure that when the people ask me this question, that I take the full knowledge I’ve acquired by being on the School Board Oversight Committee and down here and try to bring that to bear to make sure we are getting the biggest bang for our buck in this city. Mr. Mayor Pro Tem: You want to be recognized? Mr. Mays: Mr. Shepard had his hand up. Mr. Shepard: Thank you, Mr. Mayor Pro Tem. On the larger spreadsheet, Jim, [inaudible] talked about the SD and [inaudible]. What are you telling me there? 32 Mr. Wall: The SD is the schematic design for the new facility, and you will see that that is 2A and then work authorization 2B, if you go to the right hand side, is the schematic design for the existing. Now the only reason that is broken down into a 2A and a 2B is for cost purposes, cost analysis, because during the schematic design phase, it will be one work authorization for both the new and the existing. Because those, the two buildings obviously have got to work in conjunction with each other, and so that, the schematic design, once it’s authorized, will be one work authorization. But now beyond that, the design development, I mean that’s the drawing of the actual construction drawings, you have design development for the new facility, as well as design development for the existing, and then -- well, then excuse me. Design development is not construction drawings. The next one is. The construction drawings is work authorizations 4 and 8, and then you get to work authorization #5, which is the actual bidding process and then work authorization #6 is the construction administration when the actual contract work is done. Then on the far right hand side, you’ve got two work authorizations, #11 and #12. That would be if the Commission chose to have a resident project representative on site from the architectural firm to oversee the construction. That’s an option that the Commission may or may not want once we get to the construction phase, depending upon the staffing levels of the city and who may be in place to do that work, etc. Mr. Shepard: And will we have, Jim, at sometime when we get into the actual construction, will we have construction management in the same terms as they had it out in Columbia County or is that an option? Mr. Wall: That’s the option that you have in work authorizations 11 and 12. Mr. Shepard: Okay. Mr. Kuhlke: Steve, one reason that we did it that was is that there is a position authorized in Public Works, and if that position is filled, would work under Rick Acree and would probably, would fit in that slot. But if that doesn’t happen, then we’ve got an option here. Mr. Shepard: To get it from the architect? Mr. Kuhlke: Yes. Mr. Shepard: Get that oversight from the architect? Mr. Kuhlke: Right. Mr. Shepard: Thank you. Mr. Mayor Pro Tem: Mr. Mays and then Mr. Boyles. 33 Mr. Mays: Thank you, Mr. Mayor. Let me, let me, let me thank first the Chairman of the Committee and the Committee along with the county Administrator and others who have been working with this, as well as members of the judiciary and the whole family of people that have got in there in that facility. I think it’s a blessing that we do have a colleague that we can kind of lean on in some ways and don’t have to pay him, and make him Chairman and pick his brain and do some things. That’s one of the pluses of being here [inaudible] the city, so therefore he won’t be able to get a check. But I thank him for that. I think that where we are with the motion that’s on the floor, at least to support the committee of getting it out of here today as we move, while I think that needs to be done, I won’t be redundant. I’m in agreement, though, with what my colleague, Mr. Cheek, has said in terms of being very careful with this project, particularly from the standpoint that we are starting off talking about building a facility where on one hand we’re talking about what we’ve got and on the other hand talking about what we need. And I don’t want to see us get trapped into a situation to a point where we are, we are forced to do some level of financing because it’s like you are building a 10,000 square foot home and you’ve got enough money to build 8,000 and then the back wall of it is out and you think well, I’ve got to borrow some more money to deal with the rest of it. I think, one, we need to figure out how to build what we are going to build with what monies we have and that that needs to be configured in that way. And I’m sure we will deal with that as we move along, as least I’m hopeful that we will. And I can vote for where we are today. But let me just ask this, because when contracts are signed and you start off with some things, as Andy has said, sometimes the domino effect happens to where you get what’s on page one, but then you are locked into several other pages based on what you’ve done just on the first page. And case in mind, it’s not on the table today, but I just want to ask for information’s sake, and while I agree with supporting what’s out here today, but for instance in this reimbursable amount that I see on here for $40,000, now that’s a small amount of money compared to the amount of money that we’ve got out of the $20 million to $25 million that we are going to spend. But now is there a beginning part of the contract itself which deals with an incentive level or a regulated process from day one that goes further than what I see with these reimbursables? Because I’m seeing an amount. Now does that get to a point of who controls the reimbursables? You know, I see the amount there, and if that is built in like say a contingency that would have to be approved as you go through the reimbursables, or is that kind of a -- for lack of a better term -- I just don’t want to see it be an open pocketbook situation to where somebody knows that it’s $40,000 laying over here and rather than using say the clerical person who may reside and work for the company in Augusta, you use the one that resides in Lithonia and you pay the travel expenses. And I think, Andy, that’s what you were referring to, that’s what got us locked in before of all the different types of reimbursables where there was no incentive for anybody to, quite frankly, do anything that was right, for the lack of a better term, because money was there and it could be spent as long as you requisitioned for it. And I know that’s not dealing with the $321,000, but once you get past the $321,000 -- $40,000 is lot but when you start dipping into that and then you get into others, and I just wanted to ask that question, is there language in the overall contract that would deal with every level of where 34 [inaudible] checking off process as to whether you use construction manager in-house, outside with a firm, or not, will there be a means within the contract to be able to keep that in line where there is a check-off system and that it is approved and that it is not just spent simply because it is at part of the line item budget? That’s what I’d like to know. Mr. Wall: The -- there is approval insofar as the invoices that will be submitted by the architect to ensure that we are being billed only for the actual services. We have to have prior approval of the owner that, you know, if they go beyond what is there, we have limited and defined the expenses that we will reimburse in the contract document itself, and so, yes, sir, I mean I feel like that we have control over that. Mr. Mays: Okay, I just saw the number and I just didn’t want it to be -- I know usually in government when we, when we, when we telegraph a message it’s almost like to a point when you, you know, you’re third and long yardage and everybody in the state knows you’ve got to throw the ball. I just didn’t want to have $40,000 sitting out there that we end up spending $39,999 because we had $40,000 and by some means of control maybe we could have spent $15,000 to $17,000. I just didn’t want it spent because it is there. And that’s the type of control that I’m talking about, when you put those in, and it’s not just with this project. I think we get caught a lot with government. It’s not necessarily our fault. It’s something Bill and I have discussed before, when you lay a lot of things out in sales tax and folk know what you’ve allocated on a ballot to do it, you’re not really going to come in a whole lot of times under with a great savings. Everything that you put out there in terms of money. So it’s incumbent upon us to make sure that the safeguards are there, and if you say that they are there and that’s what you’ve got in place to do it, that’s what we depend upon you to put that kind of language in the contract in order to deal with and that’s the kind of thing I can live with. But, but I did want to raise the question to make sure that before we get too far along on this deal, even if we, even if we expend the $361,000 and we start seeing some things in there, that to a point we got see how to say whoa, you know, stop this mule and change the direction in it, because I just don’t want it to get away from us. But I can accept that in terms of where you are with this at this point. The other question, Mr. Chairman, I have [inaudible] and I just wanted to ask since we have basically nailed down in location and where everything is going, and I know this is a little further down the road, I’m presuming then that we at least tentatively have worked out our parking arrangements to deal with, with either shared properties or some sort of that type of addition being on to this type of facility. Because I mean, we, we, we right here looking at $400,000 today and that’s a nice size engagement ring. May not be a full scale marriage, but you know, I want to make sure to a point just coming in from meetings today, if we adding stuff on to it, you know, I, I [inaudible] walked on down here from where I parked today, and that, and that is a question. And I’m just wondering. It doesn’t have to be answered today, but I’m just, I’m just throwing it out there from the standpoint that if that’s going back there, [inaudible] whether it’s with the Civic Center, whether it’s with something new, have we crossed that to a point as a means of discussing, you know, before we get involved in saying okay, we spent $400,000 where we area, but if we got to redo something and we going somewhere else and a cheaper piece of property or whatever, do, do we have that? 35 Have we nailed that down? Are we working on it? Are we 80%, 90% sure? You know, kind of what’s the deal on it? That’s why I’d like to know, cause I want to vote for this to get this, this ox out of the ditch and get it moving, but I also want to know the fact that I’m going to vote to spend up [inaudible] close to $400,000 that to a point that, you know, we got enough space to put folk that’s going to deal with this mega-complex in terms of where we are. And that’s something I’d, I’d like to get an answer on. Mr. Mayor Pro Tem: Mr. Wall? You were smiling. Mr. Wall: Yes. Do we have the answer as far as where all the parking is going? No, we can’t. But that is part of the process that is being analyzed insofar as the project definition that is going to be worked through. Has consideration been given to where the parking? Yes. You mentioned the coliseum. That is one option that is being looked at. Have funds -- Mr. Mayor Pro Tem: Let me stop you, Mr. Wall. Maybe -- Mr. Wall: The funds -- Mr. Mayor Pro Tem: Maybe the, maybe Mr. Acree can answer the question. Mr. Wall: Well -- Mr. Mayor Pro Tem: He just walked over to you. Mr. Wall: I mean this contract does not envision the construction of parking, and the architect is not responsible for designing our parking. Mr. Mayor Pro Tem: Let me stop you. Mr. Wall: [inaudible] parking needs [inaudible], I have to be honest with you. Mr. Mayor Pro Tem: Let me just stop you there. What about your ADA people? Parking -- what are you going to do with your ADA people? Mr. Wall: Well, we’re going to have to make some arrangements for it. But the thing that has not been decided is whether or not the new building will go, for instance, over where the existing Planning and Zoning building is concerned, or whether it will go adjacent to that, or whether it will be T’d off the back where the elevators are or whether it will be in the right hand side of the parking lot closest to the railroad tracks. And so the actual location of the new construction has not been decided and it’s part of the process that will be designed, considered and recommended back to the Commission for approval in a subsequent work authorization. But we are not trying to build with this contract or with the budget that is before us parking facilities. And yes, Mr. Mays, that is very much 36 being talked about and discussed, but can we tell you today where that is going to be? No, sir, we can’t. Mr. Mays: Mr. Mayor? Mr. Mayor Pro Tem: Yes? Mr. Mays: And, and, and that explains a lot in there, Jim. The -- so, in other words, the monies that go into this part of the contract that’s on the floor today, we’re going to need to expend this money, I presume, in other words, in terms of planning for whatever, with this one preferably being in mind, but we’re going to have to expend this even if it’s changed, I presume. Cause what I’m looking at, when you -- see, we got, see, we put some language in here that says a lump sum of money. And I guess what I’m just getting to the point, and the reason why I asked about the parking, is because let’s just say hypothetically you get into it and you’ve got the right building but then you don’t have anywhere to put the people. And then you get to decision two, what you’ve spent, is it an expense that deals with the planning of this particular facility that’s proposed to be built or can it be money that’s expended to deal with this one or some other facility? It would have to be with this one this year. Mr. Wall: Yes. Mr. Mays: And we work on that and so therefore we need to expend that in order to get that done. Mr. Wall: Yes. Mr. Mays: Okay. And it carries, it’s itemized here in terms of those stages that we, that we do go through. I, I brought that up because that, that has been an issue not only of this building but of downtown period. And I think that even if this ox gets out the ditch to get us going here, we are going to have seriously consider that if we are going to spend $400,000 on a plan, and I think the group has worked real hard to get us this far in order to do that, then we need to be seriously figuring out whether we going rent and share, put a deck, deal with something because if not I think we are going look real crazy, and if we already strapped with a, a situation where we’re talking about getting back to what I said at first, building something that we do not have the money starting off to complete if you deal with a wish list, then you are going to have to address where you are talking about dealing with, I mean dealing with parking because you have a whole lot of ideas floating about town, and I think quite frankly maybe there’s been a little bit too many ideas floating about town to a point that the government is the one that’s having to pay this through monies that are being collected from our citizens, whether it be sales tax or some other form of revenue that may come up. If this thing gets over that pocket and I think that if you’ve got one it can be the most modern, it can be the most state-of-the-art judicial center that you’re putting up, but if the parking is, is going to be adequate, if there’s a means to deal with that, then I really don’t, I don’t have a lot of questions per se. 37 I know sometimes anywhere can run out of parking that you deal, I mean, you know, Georgia Dome, going to games is a good example of that, particular when they have the little parking lots up everywhere. But I think for the most part, if we going to get past the $361,000 in the planning, then we get to spending at least another dime, we need to know whether or not that’s going to be adequate and we don’t need to be just talking about it. Cause we don’t need to have a colossal facility that’s sitting out there where the parking lot used to be and then we still trying to figure out whether or not we going to bump heads with the Civic Center or not because I mean there may be a mindset or thought process that the Civic Center wouldn’t be there to talk about it. But at this point, the Civic Center is where it is, so I mean that’s something that has to be legitimately considered and so I just wanted to throw that out early to a point with, with, with no disrespect to where the committee has on the floor today in terms of moving, but I, I just think as we move along and start getting into delving into money that gets to be six figures and soon into seven figures, we need to have a general idea of how this thing is going, going to really be completed, because that’s a little scary. Mr. Mayor Pro Tem: Mr. Williams and then Mr. Kuhlke. Mr. Williams: Thank you, Mr. Mayor Pro Tem. I just back up just for a minute, the $360,280. Commissioner Mays brought up a couple of points. Jim, you know how I am about these contracts. I need to know, since we don’t have that person in Rick’s office or with Teresa who’s going to hold who accountable? How will we know that the monies that being spent is being spent the way the contract calls for? I mean would that be something you handle or would Rick or Teresa or somebody since we don’t have the engineering person and, and we do all these contracts and we leave it up to the contractor and the contractor is in business to make money. But if we don’t have somebody, and I know we don’t just turn them a loose per se, but who can I go to to find out? Would that be the Administrator’s position? I need to know -- this first page, and I got no problem, I think this is a good first event that they come off, and I salute Bill for all of the hard work and the stuff that they’ve put together. But I need to know when we do these contracts who is going to hold who accountable for what they supposed to do? Mr. Wall: All right, you are going to have several layers. First of all, it would be Mr. Acree. He is the one who will be responsible for carrying out the contract. You’ve got the committee that Mr. Kuhlke is Chairman of that is also going to be following the work, looking at the work, actively involved in the process. I assure you that there are some members of that committee going to be sure they get their money’s worth. And the -- and of course the Administrator. Mr. Williams: Okay. You answered my question, but I told you before how we, we sign contracts and once we sign the contract, and a lot of times we vote on contract, we don’t even know what’s in there until the contract been signed. In this case we see what’s going to be coming out. But if we going, we got somebody in place to make sure that the $361,000 is being spent, the money’s been saved or the things been not done that’s been not done or the things that supposed to been done have been done. I mean 38 that, that, that, that’s my concern right now. I mean I don’t care who we get, we need to have somebody on this side. Commissioner Cheek talked about the School Board. They had somebody who was trying to save money in order to make more money. Mr. Wall: Mr. Acree is the one primarily responsible for that. Mr. Williams: Okay. Mr. Wall: Ultimately -- you’ve got the committee and then ultimately it’s the Administrator, so you’ve got several layers there. Mr. Williams: Okay, you answered my question. That’s what I needed to know. Mr. Mayor Pro Tem: Mr. Kuhlke? Mr. Kuhlke: Yeah, Mr. Chairman, all I wanted to say is the project definition phase of the work is basically to identify what we are going to do for the judicial part of it. Part of that process, if you go down to item number 20 and 22 is the cost estimates we go through. So when we get through with the project definition phase, we are going to know where the facility is going to go, we’re going to know what it’s going to cost, and obviously when you get to some of that stuff in there is when you begin to do some massaging from the standpoint of making sure we are going to be able to stay in the budget. So I’m sure y’all have got more experience than I have cause I haven’t been in construction but 40 years, but on a project this size, I can tell you if you don’t go through this process -- and I think Mr. Mays is absolutely right, we do need to pay attention to parking. But until we know what we are going to build and how we are going to build it, we don’t know how much parking we are going need. So this is something that’s essential to do on a project this size, and everything on here, this big sheet is a schedule of everything that’s going to take place in the project definition stage. And it’s laid out in a bar chart and it shows when things are going to happen. To give you -- the committee that I chair, we’ve got good people on there, we’ve got architects on there, we’ve got other contractors on there, we’ve got business people on there, and I can assure you that they are going to watch every dollar that goes through. So what I’m saying is that we can’t begin this process unless we go through the project definition phase. Mr. Mayor Pro Tem: Mr. Shepard? Mr. Shepard: Mr. Mayor Pro Tem, thank you. The last, number 41, Bill, number 41, Mr. Mayor Pro Tem and members of the Commission, the last bar on the chart as I read it with or without these glasses says owner review and approval. And so that’s the ultimate accountability, is it not? Mr. Kuhlke: Exactly. And then that’s when we go to work the authorization number 2, I believe, isn’t it, Jim? 39 Mr. Wall: Yes. Mr. Shepard: And the time for that, as I read over on the left hand side, is from Tuesday, May 6, until Monday, May 26? Mr. Kuhlke: Exactly. Mr. Shepard: And so, Mr. Williams, that’s when they’ll back to this body, as I understand it. There is your accountability. Mr. Williams: Okay, so what you’re saying, Steve, is we won’t pay nothing until we’re satisfied, is that right? Mr. Kuhlke: No, they’ll have progressive payments as they do work, but I mean we aren’t going to pay $360,000 up front. As they do phases of the work, they’ll issue invoices to us on a monthly basis. Mr. Williams: I understand that. And my point is, Bill, and I’m not against it, I’m in support, I was in your committee. Mr. Kuhlke: Yes. Mr. Williams: I want, I want the thing to get off the floor but I do want to say while we’re talking about it that if we don’t put a handle on things, then there won’t be a handle. If, if, if we’re the ultimate responsibility or the responsibility of this Commission to say they did or did not, you know, the that’s fine but I just want to be sure, and Mr. Acree and Administrator and all his help, I think, you know, we got enough folks here to make sure everything goes right. Mr. Kuhlke: Bear in mind, now, we also have a local architect involved on this thing whose reputation is at stake in this community, and he’s got a good reputation. So he’s part of the team. Mr. Mayor Pro Tem: Mr. Cheek? Mr. Cheek: Thank you. I just, just for the record, where there is no doubt about where I’m coming from on this, I support the project. I understand the sequence of work. From my recollection and my history in Augusta government, my concerns were on the jail tower project we had architects and all these other people involved and the project nearly doubled in less than a year, and I promised my people in my District that I would not allow that type of thing to repeat itself again, and that’s why this, I consider this work here to be the foundation for the entire project, and in the interest of quality it’s better to get all of these questions out and answered now than to wait until we’re in the middle of something and then start asking questions and turn it around if there is a problem. So that’s where I’m coming from. I have certain expectations based on my experience. And 40 I’m going to ask some of these hard questions. But from an historical perspective, this city has had experts involved in projects before and that has not necessarily guaranteed us great quality at the lowest possible price, and that’s one thing I’m here, I promised that I would do for my constituents and for this city, and I intend to do it. And also I would also like to formally request a copy of the contract as well. Mr. Wall: Okay. Mr. Mayor Pro Tem: Any further discussion? Mr. Boyles? Mr. Boyles: Very quick one, Mr. Mayor, thank you. Do I understand, I just want to be clear in my own mind on this work, the long sheet, the work authorization, and the project definition sheet that you’ve given us -- Mr. Kuhlke: Work authorization number 1? Mr. Boyles: Number 1. Mr. Wall: That’s the simplified version. Mr. Boyles: Same one? Mr. Mayor Pro Tem: Same one. Mr. Boyles: And we will get each time we begin a new phase, we will get another sheet such as this so that we can in our own minds keep up with financially what we’re doing with it? Mr. Kuhlke: And a schedule. You’ll have a lot of paper. Mr. Boyles: I just wanted to be clear. I’ve got it now. Thank you. Mr. Mayor Pro Tem: No further discussion? All in favor of the motion, please signify by the sign of voting. Motion carries 10-0. Mr. Mayor Pro Tem: Next item? The Clerk: OTHER BUSINESS: 36. Discuss surcharges to general public regarding assistance requests from Public Safety entities within Augusta-Richmond County Government. (Requested by Commissioner Marion Williams) 41 Mr. Mayor Pro Tem: Commissioner? Mr. Williams: Mr. Mayor Pro Tem, thank you. I did ask to be on. After [inaudible] what Mr. Mays said earlier and not all he said but when he was talking about getting together and get some things done, I’m going to defer this to the Public Safety meeting. I do want to talk about. There are some things. I’ve received a list of charges I’d like to just defer this to and stuff that we are doing that I didn’t know about and Public Safety, our next Public Safety Committee meeting, Madame Clerk, if we can. Mr. Mayor Pro Tem: Is that in the form of a motion? Mr. Williams: Yes. Mr. Shepard: Second. Mr. Mayor Pro Tem: There is a motion and second on the floor. Any further discussion? Hearing none, all in favor of the motion, please signify by voting. Motion carries 10-0. Mr. Mayor Pro Tem: Next item, please. The Clerk: 37. Discuss personnel matter. (Requested by Commissioner Marion Williams) Mr. Williams: I’d like to defer this personnel matter Madame Clerk, again, into the legal session. When we go into legal. I may have some comments when I come out of there. I don’t know, but I do want to defer this to legal. Mr. Shepard: Second. Mr. Mayor Pro Tem: Motion and second on the floor. Any discussion? Deferring this to legal. Hearing none, all in favor of the motion, please signify by the sign of voting. Motion carries 10-0. The Clerk: ATTORNEY: 38. Motion to approve agreement with Republic/Payne Parking System for operation of the Radisson and Convention Center Parking Facility for the term from January 15, 2003 through January 31, 2004. 42 Mr. Cheek: I move to approve. Mr. Kuhlke: Second. Mr. Mayor Pro Tem: Motion and second on the floor. Discussion? Mr. Williams? Mr. Williams: Yes, sir. Mr. Mayor Pro Tem, I’d like to know why did we have to or why did we wait until now and we had a lot of discussion on this. There was a time when you didn’t have anybody on the watch, but now we seem to come up with a, a, a, a, a firm that would be able to do that, and is that the same firm that we got at the airport? I think that that’s two questions, but I need to know that. Mr. Wall: Yes, sir, it is the same firm that we have at the airport, and just to recap what has transpired. Back, I’m going to say during the spring, perhaps winter, we want out for requests for proposals. There was only one submitter, and that being Republic Parking. The budget that they had in there was much greater than the amount that you are approving today. There was very little information in there as far as how we could save costs, how we could generate additional revenues, what than plan was, etc. As a result of that, the Commission approved the hiring of a consultant who came in, looked at the parking facility, made certain recommendations. A lot of those recommendations involved buying additional equipment and going out. As a result of the information that we received from the consultant, we started negotiations with Republic Parking. Unfortunately, the gentleman with Republic Parking that had dealt with the proposal had left the company. We submitted contracts, and this is essentially the same contract with some minor modifications that we have at Bush Field that the Commission has previously approved and that process bogged down. There is no other way to say it. And it was, we were sending emails but we were not getting responses. And that was the only proposer that we had, was Republic Parking. And they expressed interest in contracting with us. th Originally they committed they would be up and operating by November 15, but the contract was not reviewed, did not come back. It was my recommendation to the Administrator that we not keep extending the contract with McLaurin Parking because it was a losing proposing. We were spending more money paying McLaurin, who was not doing a quality job, than we were generating in revenues. And there was no incentive on their part to maximize revenues or to do anything differently, because they knew they did not have the long-term contract. And unfortunately, whereas they had originally said that th they could be in and operating by November 15, that date came and went without our getting responses to the contract. When this came before the committee -- is that where it came up last time? Or Commission? Committee? When it came up before the committee, we had already set up a meeting with Republic Parking for them to come in th and to finalize the contract, and that occurred on December 31, if I recall, or 30. th December 30, they came in and we were able to finalize the contract and get it where we could present it to ya’ll for approval. 43 Mr. Williams: Jim, how long were we without a contract or somebody over there? I mean because this, what you making it seem like it was a 30-day breakdown in there and there was a longer period than that and we couldn’t find nobody and we just left -- I say we can’t find nobody, that may be a wrong statement. We didn’t have anybody over there and nobody was on, on, on the post. Since then, Commissioner Boyles had somebody to approach him and I think the last thing we said that we would look at a firm or in-house doing it. And the Administrator was supposed to bring back something with a firm, not a firm, bring back two proposals, one from in-house and a possibility of even out source doing it. But it sounding now with all of the names that been mentioned and all the stuff that we run together that Steve cause he kind of throwed me off, Steve. But I don’t, I don’t understand. We was without somebody on the gate for how long? st Mr. Wall: From November 1, and we still do not have anyone on the gate. If we th execute the contract, we’ll have somebody on the gate January 15. Mr. Williams: Okay, and I think in committee meeting we talked about since we didn’t have anybody, nobody said anything, we had a firm that was doing it that we was losing money with, we renewed it with them twice so we wasn’t going to renew them again, and we talked about we should have put a bus driver or water meter reader or somebody. We should have somebody over there. And I think the instruction was for the Administrator to bring back two proposals, one from out source and even one from the inside to see how we could do this. Mr. Wall: And he has -- he can address it. We have that information. Mr. Williams: Okay. Well, and I think my next question to you, Jim, is that Republic, who is able to do this and we only got one and that should have fell through lack of time in my mind, I don’t know what the contract stated, but Commissioner Boyles had a firm to approach him or he talked with somebody who could possibly handle it, which is a local firm inside, too. But we, we didn’t talk to those people. And I don’t understand why we had not sit down with somebody and put somebody over there. To say that because we emailed and didn’t get the email back, what happened to the telephone? I mean the old-fashioned way? Mr. Wall: I had several telephone conversations and promises were made about when they would have it reviewed by their legal staff and get it back to me. Mr. Williams: Well, then we should not be doing business with this contract, the contractor then if that’s who the breakdown was with. Or did we have the breakdown or did they have the breakdown? I better clarify that first. Who broke down? Mr. Wall: Well -- Mr. Williams: We did or they did? 44 thth Mr. Wall: From November 15 until December 30, I’ll say they did because when I contacted them at the end of October and November trying to make a decision about what recommendation about extending the contract with McLaurin, I specifically th asked that question could they be up and running by November 15, and I was assured that they could. Mr. Williams: But now here you -- Mr. Wall: That, that contract, I mean I didn’t get any feedback from the contract that was, was there. Now as why we didn’t go out and deal with anyone else, I mean we had gone through and RFP process, and Republic Parking was the only one who had proposed. And -- Mr. Williams: But that where the breakdown came in. Is that right? Mr. Wall: The break -- when you say the breakdown, are you talking about in response to the contract? Mr. Williams: It was the only that came in but something happened between that and we didn’t do anything with, but now we going back to them and there, there -- Mr. Wall: Well, they were still under the proposal that they submitted, I mean. It’s, it’s a different contract and the budget is substantially different, but it was still the RFP process that was utilized to select them. I mean we just didn’t go out and pick them because they were out at the airport. And I think we would have had to have gone back through an RFP process to choose anyone other than Republic. Mr. Williams: I mean I though that what we would have done, I thought we would have been fair in this government and went out for addition -- Mr. Wall: I think we were fair because we stuck with Republic who is the only one who responded. We had another company who came in and wanted to make a proposition, but they didn’t bid on it, and we stuck with the one who bid, and the one who went through the process with us and responded. Mr. Williams: How much money you think we lost, Jim? Mr. Wall: Actually, I think you saved money. Mr. Williams: We saved money? How much you think we saved? Mr. Wall: Let me think here. $170,000 a year is what is was costing us, and we were generating roughly $130,000, so you were saving $40,000 a year, and divided by 12, roughly $6,000. 45 Mr. Williams: So we don’t need to be putting anybody over there cause it going to cost us money, is that right? Mr. Wall: Well, the, the contract is for $195,000. There is an incentive for them to generate additional income. This is a company that has the incentive because they have a contract that is for a one-year term that can be renewed. In the event that they generate additional revenues, they make more money. So, yes, sir, this is a contract we do need to approve. Mr. Williams: Okay. Mr. Mayor Pro Tem: You finished, Mr. Williams? Mr. Williams: Yeah, I just one comment. I mean I don’t understand how come now it’s, it’s a money maker. Two months ago it was a losing deal. Mr. Wall: There’s no assurance it’s going to be a money maker. I don’t want to mislead you. No assurance that it will be. Mr. Williams: That’s what it sound like. That’s all. Mr. Mayor Pro Tem: Mr. Boyles, Mr. Shepard, Mr. Cheek, and then Mr. Hankerson. Mr. Boyles: Thank you, Mr. Mayor. Just a couple of questions and a comment. th First of all, a comment. I did have a person who is a resident of the 7 Commission District call about this as it appeared in the newspaper [inaudible] committee meeting. I didn’t realize we had gotten this far with it until I got my agenda package. But be that what it may. I probably missed it, Jim, but in here when a ticket is validated by the Radisson, do we back charge the Radisson for that? They’re back charged? Mr. Wall: You say back charged? I mean we actually get a check from the Radisson for the amount of parking. Mr. Boyles: That’s used by their guests? Mr. Wall: Yes. Mr. Boyles: And then the other -- I saw Peggy here a few minutes ago, and I can remember back when the Commission [inaudible], when we would go out and compete against other cities to get a conference. I think Tom Beck knows that well, too, cause we tried to get recreation conferences here. A lot of the kickers, the thing that threw it across was sometimes being able to offer free parking. I can remember in the early days, before consolidation, that the Mayor of Augusta [inaudible] that he waived the parking over there so that we could bring a convention in here, a three or four day convention. I see 46 you shaking your head, but that did happen. I mean, I mean it happened. And sometimes that is, is a just a plain kicker, I guess, to get a convention here. I was just wondering -- I read through the contract all the way and I didn’t see any of that we would have some option to [inaudible] whatever [inaudible] may and Peggy probably knows more about that than all of us, being from the Convention and Visitors Bureau, how important that is. But I was just wondering if there was anything in here like that. Mr. Wall: [inaudible] Mr. Boyles: Thank you. Mr. Mayor Pro Tem: Mr. Shepard? Mr. Shepard: Thank you, Mr. Mayor Pro Tem. Jim, during the time that you were giving those figures as far as expense and revenue, wasn’t that the construction time over there for the second hotel? This will be an agreement that has two hotels potentially as generators of parking space utilization; am I right? This is only for a year, too, is that right? Mr. Wall: That’s correct. Mr. Shepard: So if it’s, if we save money by not manning the gates, we can pretty much determine that in this year and then it may be more cost effective not to have the parking expense, is that right? Mr. Wall: It certainly was -- not on a long term. I think we need to have an operator, we need to encourage somebody to go in and maximize the revenue and try to, to make money and that’s the way this contract is designed. Unfortunately, when you had a contractor in there that knew he was not going to be there, there was no incentive on his part, and we have lost money with that parking operator for the last several years. We’ve been paying more than we have been raising in revenues. But again, I mean you you’ve got a situation where you needed to control parking, because of the parking facility and the, and the guests of the hotel, the use of the convention center, etc. But so yes, it’s something we need to do [inaudible] contract and we need to have a contractor who is encouraged to make it a revenue producer, an income producer. But during the particular period of time, you know, it was not. And again, at the time that the contract was terminated, I thought we were going to be dealing with a 15 day period, which turned out to be much longer than that. Mr. Shepard: Well, Jim, this will be back before us basically in January of ’04 because this contract runs out January 31, ’04. Mr. Wall: Right. 47 Mr. Shepard: And it wouldn’t be that difficult to be able to give this body the expense computations and the revenue numbers for the contract we’re approving today a year from now; correct? Mr. Wall: Correct. Mr. Shepard: Okay. Mr. Mayor Pro Tem: Mr. Cheek, Mr. Hankerson and then Mr. Williams. Mr. Cheek: I defer. Mr. Mayor Pro Tem: Mr. Hankerson and Mr. Williams. Mr. Hankerson: Thank you. I brought this, I placed this on the agenda the last time. I still have some questions, if Mr. Kolb or the Attorney could answer them. How much was the previous contract? This one is for $195,845. What was the previous contract? Is this one more than the previous one? Mr. Wall: This one has a total budget [inaudible]. I don’t know what the budget was on the other one [inaudible]. [inaudible] reimburse them for certain costs [inaudible]. Mr. Hankerson: But this one is more than the previous one? Mr. Wall: About $25,000 more, but recognize that one of the problems that we had [inaudible] period of time when [inaudible]. Mr. Speaker: I do not believe they were covering all the gates, because if you will recall, I don’t believe the new hotel opened until the spring of this year or October of last year. Their contract, for all intents and purposes, began to run out January or February of last year. They went through a period where it was a fairly short term contract and then it even went to 30-day extensions. They were unable to attract anyone to work on those terms, so no, I don’t believe that all three had been manned at any one time. Mr. Hankerson: Okay. Okay. So this contract is more than the last one? The last one we were losing money on, so this one is more. I understand that you say you have the incentives in this particular contract for the contractor to market the facility, but my take on that is that we can’t make money off of selling train tickets if trains are not coming through. So how is the contractor going to market if it his job to market and we are going to gain off of that by him marketing, my question is and maybe it’s a dumb question, what can he do, no more than put a sign up “parking”? I mean, I think, isn’t it based on the activities that we have coming in the city or who are going to use the facility over there at the Radisson? Isn’t it based on that? How would we expect him for incentives to market that? 48 Mr. Kolb: Mr. Mayor Pro Tem, members of the Commission, one of the aspects - - and first of all, let me address Commissioner Williams’ response about in-house versus out-house. Mr. Hankerson: Mr. Kolb, if you could just answer my question, I could be finished with it. Mr. Kolb: The two are related. I believe the directive was for us to bring it up at the next committee meeting, and we will do that. We are prepared to do that. We have numbers here tonight. One of the problems we have with the previous contractor is the amount of available, for lack of a better word, techniques or methods for us to manage and control ingress, egress out of the parking facility. We were concerned about that, and there are some other things that we believe could have been implemented by the contractor that would have increased the amount of revenue that we receive at the gate. One of the most simplest is to determine whether or not the parking rates that we are charging are appropriate for the market that we’re in, and that was never done during the life of the last agreement. We have built in incentives into the contract, and through hiring the consultant last spring, have learned some of the things that are possible in terms of operating a parking deck and making it at least break even in our particular situation, and we feel very comfortable that Republic has the capacity and the management skills to make that happen. So if that answers your question. Mr. Hankerson: Yes, I heard you say about increasing the cost, and as I read the contract, and it states in here, I mean that’s up to us, that would have to come before us to change any cost of the parking, right? Mr. Kolb: Yes. Mr. Hankerson: So that’s not something that the contractor could market to bring more money. The reason I asked that, I’m trying to see where we are going to benefit and why are we pushing this if we’re not going to benefit from it? And we asked that last time to bring back a proposal. We’d like to know what it would cost us if we operate it ourselves versus having somebody else, a contractor, to come in. What would this cost? Would not this be cheaper, then, for us to operate this ourselves, to place people there ourselves, employees, since we are losing money on it and we are just going to gamble, increasing the contract and gambling on putting incentives in there that we are going to make more money, and I keep hearing the Attorney saying this is not a money making animal but we need it. It’s not a money making animal, but we don’t need to lose money in operating. Why can’t we operate this facility since we’re not making any money, and we lost last year, I kept hearing the three or four year figures of how much came in, and each year we were losing, and last year, as I recall, that was probably the least amount that we lost, but still yet, we are losing, but then you’re increasing the contract so to me we are still going to be losing a substantial amount of revenue. I need to know whether it 49 would be more cost efficient to operate this facility ourselves, rather than to gamble on another year’s contract, and I can’t see anything getting any better here. Mr. Kolb: We are passing out now our cost analysis if we were to undertake it in- house, and as you can see, the cost for us to do it, because we would have to fund the cost ourselves totally, as an organization, rather than participate in cost savings by a national parking firm, it would cost us more. Part of the reasons why parking decks in general lose money is because of the debt that is attached to that facility. Now we still are paying for our parking facility in downtown and that has to be included in the cost of the operation of the deck. Now if you look at the difference, the $65,000 difference between what we would have to pay and what a contractor would have to pay, then you add that to the deficit that we already have of somewhere between $20,000 and $30,000, $40,000 per year, it’s beginning to grow. So it’s our, it’s our recommendation that we continue to privatize and outsource the parking garage management fee. They have much more expertise, they stay up with the market, that is what they’re in business to do. And the incentives that we have put in the contract for them to put us in a net positive position I think is incentive enough for them to work hard and to look for ways to improve on the operation, implement methods for increasing our revenue, and making this a successful venture. Mr. Hankerson: It just appear to me that the money that we know we are losing is enough to use some of our own employees to operate this. According to the agreement that -- we are responsible for most, we are responsible for the upkeep of the facility. If I’m wrong, correct me. And the things that the operator was asked to do is the insurance of the employees and that sort of thing. The liability, I think that, if this is our facility, to me it seems we have to, if we place people over there, employees that we hire our own employees there, or we have some employees now that maybe we need to be shifting around perhaps, and that we can operate it instead of losing on it. And when, when the city get booming and you get your performing arts theater and you get the arena people coming in and then we can look at it then offering it out to a contractor. But right now, we just need to -- seem to me we need to stay where we are with this or just let it remain as it is if we can’t put our own people over there. Mr. Kolb: If I can explain the sheet that was passed around, if you’ll note, it will require an equivalent 10-1/2 employees in order to do, staff that operation. It is a seven- day-a-week operation. It’s open from 6 until approximately 10 or 11 o’clock at night, which would require either paying enough overtime or employees to cover those, other than 8 hours. You would have to pay the overtime, the holiday pay, all those benefits that we are having to pay now, and we cannot absorb this operation into our existing budget. This would have to be additional employees. And currently it’s being subsidized, so we would subsidize it even more with the addition of 10-1/2 new employees. We believe that it’s, it’s leaking now, you’ll increase the leak. Mr. Hankerson: Well, we have $195,000 here that we can just have every year to do any kind of repair on it over there and just keep the gates open and let the people come 50 in, instead of spending [inaudible] $195,000, over, almost, about $196,000. And know what we’re losing. Mr. Kolb: That’s expense. That is expense. That is not revenue. And you’re looking as - Mr. Hankerson: I understand that’s an expense, but we could save that expense. Because we’re not getting any revenue. Revenue is out of the question. So we can save the $195,000. Mr. Kolb: But you do need revenue because you still have an ongoing debt on the garage, and I, if I’m not mistaken, part of the covenants of the bond is that you do collect some revenues off of it. Mr. Hankerson: But y’all haven’t showed me no revenue in the last five years. We been losing. There’s no revenue. There’s none. Mr. Kolb: There is revenue that comes to the garage as a result of the operation. I think last, when we discussed this in committee meeting, we showed you a document of the last three or four years of revenues that we received on the garage. If you don’t operate it at all, that drops to zero. Mr. Hankerson: Well, my final statement, my fellow Commissioners, I think we are poor stewards to allow a contract like this to go through and know that we are losing money. I think we are poor stewards of government money. Mr. Mayor Pro Tem: Mr. Williams and then Mr. Mays. Mr. Williams: Thank you, Mr. Mayor Pro Tem. My first question, George, why would you come back to committee when this was on the floor to be voted on, with Republic for a contract, then you bring it to committee to show the difference between a in-house and out-house, so to speak? That, that, that, that my first question. I mean had we not got to this point, you were not going to present this today, you going to bring it to committee for us to look at after we done approved this? Mr. Kolb: That’s correct. Mr. Williams: For what reason? I mean why would you even bring that then? Mr. Kolb: You asked for the information. We did not recommend at that time that it be brought in-house, but you asked for a comparison between what it would cost. That’s what you wanted. Mr. Williams: And that because we didn’t have anybody on the door. It was wide open then and we was trying to find a way to get somebody to the door to work on 51 this. And, and, and that’s not very smart, but that, that, that’s another, another issue. I can’t support it, either Commissioner Hankerson. I’m in agreement with you. We got personnel on, on light duty, and, and, and leave time and all kind of other things. We ought to be, get creative and find a way to use this, this simple thing as collecting monies on a gate. When you come in that gate, that arm will move up and that tab will come out and count the cars. So there ought not be no problem in counting how many cars. If we know how much per car we charging, that be very simple to do. Now a lot of stuff we do up here may be complicated, but counting cars that going in and out of the parking lot ought to be the simplest thing this government ever did. And if we can’t do that, then, then we seriously have a problem. I’m thinking that an employee, whether it be [inaudible] part of this government, even if we shut it down at four o’clock, and anything after 12 maybe we don’t make, but we ought to be able to do just that. We didn’t have nobody over there and nobody said a word until it got to, to the committee. Didn’t nobody come in here and say we don’t have a person on the [inaudible], we don’t have a firm to deal with, we, we, we trying to find one. Nobody said nothing. Once we brought it to the table, now here we are again, we done backed up against the wall, Jim, and when we get our backs against the wall we got to come out, and we going to come out with the first [inaudible]. $195,000 a year we losing. If I’m going lose it, I rather lose it with the employees that we got already on staff, already getting the benefits. If you talking about part-time employees, a lot of these benefits they won’t even get. And it’s not a hard job. You ain’t got to stand out in the rain with no flashlight. You sit in the booth with a heater and probably a radio and maybe a telephone. But that ought to be easy to do, to get somebody to work on that gate. I’m not going to support this contract with my little vote. I think we be doing the citizens of Augusta a injustice to know we been losing money, then go up $25,000 more additional, thinking they can advertise or do something and we can’t do the [inaudible]. Now unless they going to valet park, and it’s not going to be any additional charge, and then pick people up from the terminals and all that kind of stuff, something different that we are not going to be responsible for, I don’t see how they can do anything, not even advertise. So I’m not going to support it. That’s all I got to say, Mr. Mayor Pro Tem. Mr. Mayor Pro Tem: Mr. Mays? Mr. Mays: I yield to Mr. Wall. He was trying to say something but I did want to speak after he finished. Mr. Mayor Pro Tem: I didn’t catch his hand. I’m sorry, Mr. Wall. Go ahead. Mr. Wall: Well, first of all, let me address -- it is a Commission decision as to whether or not they operate the parking. If you open up a parking lot on a long-term basis and do not have any control over the parking, on a long-term basis, then it is going to become known as free parking. And as a result of that, you are going to have the free parking, parkers who are going to come in and utilize that space when you are trying to market a hotel and a convention center. And people who attend a convention center and who attend the hotel that is being operated in conjunction with that expect to be able to 52 find a place to park. And whereas on a short-term basis it has not created any problems that I’m aware of, at some point you’ve got to operate it. Now looking at why I think that it is more cost efficient to, to use a contractor. If the decision is made to go operate and control the parking, then, then I think it is more efficient to use a contractor than city personnel as demonstrated by these numbers and primarily because you’re dealing with a lot of temporary workers, you’re dealing with a lot of lower paid workers, you’re dealing with a situation where the Republic Parking has the training and the expertise insofar as accounting for tickets. You mentioned counting cars. And while yes, to some extent, it would seem that it is that simple, we got into a whole discussion about that. Since you’re not operating it 24 hours, 7 days a week -- you’re operating it 7 days a week but not 24 hours, then somebody can come in and get a ticket at 10 o’clock, the parking facility operator goes home -- I think it’s 11 o’clock -- and then they leave at 12 or 1 o’clock. I mean you, you have, you’ve got a ticket that’s unaccounted for. Mr. Williams: That’s no problem, Jim. Let me interrupt you there. That’s no problem because if somebody comes in at a certain time -- Mr. Mayor Pro Tem: Mr. Williams? Mr. Williams: Yes, sir, Mr. Mayor Pro Tem, let me ask the Attorney. Mr. Mayor Pro Tem: [inaudible] Mr. Williams: If somebody comes in earlier, Mr. Mayor Pro Tem, all he’s got to have a simple [inaudible] that you pay when you come in at that rate. That, that, that’s no excuse, now I can’t accept that. Mr. Mayor Pro Tem: Mr. Williams. Go ahead. Mr. Wall: Well, that doesn’t work because you don’t know whether the individual is going to be parking there for one hour or whether he’s going to be parking there three days while he’s staying at the hotel. You don’t know whether or not he’s going to be a guest in the hotel, where the hotel pays it. So, so it is, and, and the financing, the reporting, and all of those things that frankly, you know, we don’t have the personnel in place to do the -- that are trained to deal with that. And so, I mean, I think dealing with an operator who is familiar with the parking operation, and I recommend that the Commission control the parking because I think that’s something that’s needed. I think it’s for the long-term benefit of the convention center and the hotel which, you know, benefits this community. Mr. Mayor Pro Tem: Mr. Mays, [inaudible]. Mr. Mays: Yes, Mr. Mayor Pro Tem, happy new year again. I’m [inaudible] I’m going to try to bring a little friendliness to this discussion. [inaudible] white piece of paper over here. It wasn’t necessarily a surrender flag but it was to get us to a different 53 point on this same discussion. Is there an official motion on the floor to approve the contract? The Clerk: Yes, sir. Mr. Mays: Mr. Mayor, I’m going to make a substitute motion, but I’m going to make a comment first. I’ve heard a lot of varying discussion which I think has led to a certain layer again of confusion. We’re in the first meeting of this year. We were moving along real quick. It was going to be a day that we basically beat the employees out the building. That probably is not going to happen today. Because I think this is another classic example that when we do rush to deal with something and we get it on an emergency basis and then we start moving, we don’t deal with all the details that we are supposed to deal with. Now whether official action out of a committee stands as what you deal with with this full Commission I don’t think should be dealt with in terms of the total spirit of what has been intended. What I think, when it came before committee to be discussed was that you get back with two proposals. Now we’ve gotten today into discussing the proposal about what it would take us to deal with it in-house. That proposal came about as a Commissioner asking about how that was going to be done. If that had not become a part of the discussion, we would have basically approved a contract, which may be a very good contract. But if the direction of the committee was to deal with bringing back two different situations, this again is getting back into some classic 2002 baggage -- that was a good sermon my pastor did, I tell you. Some of it needs to go into that garbage bag in 2003. If we are going to have protocol, then let’s have protocol. If we are going to have something for the committee to discuss, to peruse, to ask questions, because I’m hearing on one hand, number one, that it’s a losing proposition. But then I’m hearing, answer given to Commissioner Hankerson, that we are going to go up $20,000 more in the expense on [inaudible] losing proposition. I do agree with the Attorney that it needs to be supervised, but then have we spent the adequate time prior to the contract running out in the first place to deal with how we can maximize our money? I’m looking, for instance, on here, Mr. Mayor Pro Tem, at the number of people that it takes to run it. Part time. Full time. I would first even ask the question in terms of the fact about revenue, what was done even to the contract holder that’s not there anymore, whether or not you asked about the exits over there. You can have two on automatic of coming in, maybe you only want to man one place that’s there and have a central exiting point, where you have two places to enter. That’s just hypothetical to a point of asking a question. Those are the type of things that have not been on the table. [inaudible] since November and I’m hearing it’s losing, it certainly would be worth the while to adequately discuss it, to talk about how you can possibly make some money. I do think it’s a good idea that incentives were put in. Another asterisk point, when you negotiate any contract and you negotiate all of it, the difference from what the RFP says, then if you have it open to negotiation then you may get some other takers. But if you do all the negotiation after you get you a general RFP, then you’ve limited the discussion on what you may have in the first place on revenue that you possibly could make. That’s a bad step in anybody’s business. The second one is that if it’s going to be supervised, and I agree, it may not be just hotel traffic. I agree with Jim 54 on that point that you invite [inaudible] free parking space. But one of the selling steps for those who voted to deal with the $7.5 million was that we were going to be getting this windfall of money, one of the areas was going to be out of the parking lot. Well, then, we need to decide how we are going to make some money out of the parking lot. Is Mr. Beck still in the building? Okay, Tom always knows I load him up with something after he’s gone. But, you know, I heard a similar argument about the golf course and when it couldn’t make it, how it would go broke, when we weren’t getting anything, and there were those of us that argued to make that and keep it a public facility. May be talking about apples and oranges, but you won’t know what you can make until you thoroughly analyze it, bring it back, and talk about it. I have a real problem if the committee sends us out to have two sets of direction and we come back with one already ready, Mr. Mayor Pro Tem, to be voted on as a contract, but then we were going to get the information on what it took to do in-house at the committee the next time we met. [inaudible] backwards as hell there to do that that way. I know [inaudible]. But to a point if you going do that, then you do all of it at one time. And you discuss it intelligently. This has not been a real intelligent conversation. We’ve spent a go-around to a point the only thing I’ve heard is, is that we basically going to be in more debt than we were. I asked about Mr. Beck, for example, because we put folk on special to deal with our buildings and all the facilities we’ve got. We ought to be able to deal with something creative in the whole spirit of Riverwalk and this is just a thought process of throwing it out there, that if you going to manage the parking lot -- we talk about, I mean we do everything almost to take the skills of a rocket scientist to deal with government to a point of people not being able to man a parking booth that we might pay. Ms. Bonner, you may want to help me with this a little bit. I can’t remember the young man’s name that used to sit in the wheelchair in the lobby of the courthouse that gave out information that was here for some time. Mr. Speaker: [inaudible] Mr. Mays: Okay. Yeah. And he, he was one of the most valuable people that this government had. He knew where every office was on every floor. I make that example to say this. There are a lot of [inaudible] out there who are employable, who need some form of gainful employment [inaudible]. If we’re dealing with the maintenance of it on one level, and we’re talking about how you put somebody there to collect the money, I don’t see how we need to get into the high figures of what this costs if we really buckle down to a point we are going to have to pay somebody. We say we can’t add this on to our payroll, we are going to pay the contractor. If the folk don’t park [inaudible] contract, they are going to get a face amount of this some kind of way. With that much confusion that’s centered around that, Mr. Mayor Pro Tem, I’m going to make a substitute motion that this item, since it’s determined that we wasn’t losing a million I’m going to make a substitute motion dollars by it being vacant from the first place, that this goes back to the committee that it was intended to go to, have a thorough discussion not only about the contract but about what we may be able to do on a serious creative basis other than just throwing some numbers together very quickly in terms of how we may be able to manage this parking lot and have a fruitful 55 discussion of it so that we’re not getting off on another situation of the wrong foot. Because I think this is where this whole last 30-to-45 minutes has put us, put us nowhere other than the fact that we were going to spend some more money that we have amongst our citizens. It’s gotten very confusing and I think it needs to be back in the committee where it belongs, and that’s my substitute motion. Mr. Kuhlke: I’ll second the motion and call the question. Mr. Mayor Pro Tem: Motion and second and question been called. Mr. Cheek: I’ll defer my debate until committee meeting. Mr. Mayor Pro Tem: All in favor of the motion, please signify by the sign of voting. (Vote on substitute motion) Motion carries 10-0l. Mr. Mayor Pro Tem: Next item? The Clerk: 39. LEGAL MEETING: • Discuss personnel matter. • Discuss pending and potential litigation. Mr. Mayor Pro Tem: Motion to go into legal? Mr. Shepard: So move. Mr. Beard: Second. Mr. Wall: For purposes listed, personnel and pending and potential litigation. Mr. Shepard: For purposes stated by the Attorney. Mr. Mayor Pro Tem: All in favor of the motion, please signify by the sign of voting. Motion carries 10-0. Mr. Mayor Pro Tem: We do have one item on the agenda to take care of. Mr. Beard: Mr. Mayor Pro Tem, I move that we elect Mr. Wall as our Attorney for the next year. 56 Mr. Shepard: Second. Mr. Mayor Pro Tem: Motion and second on the floor. Any discussion? All in favor of the motion, please signify by voting. Mr. Boyles and Mr. Hankerson out. Motion carries 8-0. Mr. Mayor Pro Tem: Next item? Mr. Wall? 40. Motion to approve authorization for the Mayor to execute affidavit of compliance with Georgia's Open Meetings Act. Mr. Wall: Need to approve the execution of the closed meeting affidavit. Mr. Shepard: I so move. Mr. Williams: Second. Mr. Mayor Pro Tem: Motion and second on the floor. All in favor of the motion, please signify by the sign of voting. Mr. Boyles and Mr. Hankerson out. Motion carries 8-0. [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 January 7, 2003. ______________________________ Clerk of Commission 57