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HomeMy WebLinkAbout04-01-2003 Regular Meeting REGULAR MEETING COMMISSION CHAMBER April 1, 2003 Augusta Richmond County Commission convened at 2:10 p.m., Tuesday, April 1, 2003, the Honorable Bob Young, Mayor, presiding. PRESENT: Hons. Hankerson, Boyles, Mays, Kuhlke, Colclough, Shepard, Beard, Cheek, Williams and Bridges, members of Augusta Richmond County Commission. Also Present: Jim Wall, Attorney; George Kolb, Administrator; and Lena Bonner, Clerk of Commission. The Invocation was given by Rev. Hankerson. The Pledge of Allegiance was recited. RECOGNITION: Augusta Fire Chief Al Gillespie has been designated as a Chief Fire Officer (CFO). The Commission on Fire Accreditation International awards this designation. There are only 214 Fire Chiefs in the United States and Canada that have received the CFO designation. ADDENDUM AGENDA: 1. Motion to approve resolution of support for the Masters Golf Tournament. (Requested by Commissioner Cheek) (No objections to adding this item to the agenda) RESOLUTIONS: A. Resolution opposing any referendum on the state flag. Mr. Beard: I move for approval. Mr. Williams: Second. Mr. Bridges, Mr. Boyles, Mr. Kuhlke, Mr. Cheek and Mr. Shepard vote No. Motion ties 5-5. The Mayor votes No. Motion fails 6-5. Mr. Mayor: My vote is not to be interpreted as support for any pending legislation, because I have problems with some of the flag bills the legislature has before it. Rather my vote is reflective of the long-standing tradition in this country and state to allow the voters to express their opinions on important issues. 1 B. Resolution in support of the concept of developing a pedestrian and bicycle bridge to span the Savannah River and serve as a permanent connection between Augusta, Ga. and North Augusta, SC. (Approved by Engineering Services Committee March 12, 2003) Mr. Cheek: I move for approval. (Tape starts here) Mr. Shepard: …Commissioner, I mean Congressman Burns of the railroad relocation request for funding and sponsorship by Congressman Barrett would not be in conflict, but they would be complementary. And with that I’m pleased to second this motion because it will not adversely affect this community, it may well positively affect it, along with hopefully a recycled Sixth Street bridge that is presently used by Norfolk Southern. Mr. Mayor: Very good. Any further discussion? Mr. Hankerson? Mr. Hankerson: Mr. Mayor, I have a couple of questions to ask about it. What kind of financial impact would this have on us, our budget, the City’s budget? Mr. Shepard: It won’t have any because they’re seeking mostly earmarked funds, Commissioner Hankerson. That is funds that are set aside for each state under this formula. They would be seeking money out of the, out of that. But at this point, there is only a request we conceptually approve this project. There has been no request here for local money. Mr. Hankerson: I thought I read some information on it. I do not oppose of it, especially -- I travel in North Augusta every day basically, but I thought I read something about the funds, the grants, and then we would have to -- Mr. Administrator, is that right? Did I see something in our workshop last week, a million dollars or something toward this, or is that something different? I saw pedestrian. Or is that true that we would not, it would not impact our budget at all? And if so, we need to know. And the reason I’m asking this is because with so many that we have on the table and we constantly putting more on the table, I want to make sure that we are financially able to support everything that is coming toward us. You know, we talking about the four projects, major projects, or five projects that we have with the arena and performing arts and the exposition center and also we need a library and all these things. I’m just wondering. I want us to be sure on it. I don’t want us to come up later on an say we need a half million dollars to complete the bridge. Mr. Kolb: Mr. Mayor, members of the Commission, yes, originally North Augusta asked us if we would participate financially with this project and we did set aside a million dollars in the proposed SPLOST funding. However, Commissioner Shepard is correct, the application that was submitted to the feds does not require us to put up any funds for this. It’s pretty much put up by North Augusta, the feds, and South 2 Carolina’s D.O.T. So as the proposal is on the table, we are not required to or we’re not being asked at this time to match any funds. Mr. Hankerson: Well, then, will we be safe to go back and then subtract that million dollars from the proposal that we had last week? Cause I looked at that. I saw the $1 million for the pedestrian bridge and I thought I read something about grants. So I mean a million dollars, that’s quite a bit there. If it’s not needed in there, we don’t need it to be in there. Mr. Kolb: Yes, you could remove it from consideration if you would like to. We do have funds set aside where we recommended for a greenspace program. If there were a request for funds, you could consider safely taking it out of that project. Mr. Hankerson: So we’re not, it would not financially impact our budget? Mr. Kolb: No, it will not. Mr. Hankerson: Okay. Mr. Mayor: Anything further? Mr. Colclough? Mr. Colclough: Clarify something for me, Mr. Administrator. You said take the money out of the greenspace budget? Mr. Kolb: Yes. We set aside some funds for the Butler Creek greenspace program -- Mr. Colclough: Right. Mr. Kolb: -- which would cover corrections to your drainage issues, as well as create a greenspace trail. Mr. Colclough: Right. Mr. Kolb: We had originally placed in that project, to set aside a million dollars out of that for the pedestrian bridge. And so you could legitimately take it out of that project if the time, you know, came that North Augusta needed us to match some funds with them. Mr. Colclough: We’ll deal with that later then. Mr. Kolb: Pardon? Mr. Colclough: Deal with that later then? Mr. Kolb: Yes, sir. 3 Mr. Mayor: Mr. Cheek? Mr. Cheek: Thank you, Mr. Mayor. Of late, the last few months, we’ve had a lot of discussion about cooperative arrangements between us and other regional entities. This is one that thankfully doesn’t sound like it’s going to -- have any impact on our SPLOST or general fund budget. But sooner or later, if we are true to our hearts and our words about regional cooperation, somebody is going to have to blink sooner or later and extend that first olive branch, which may be a few dollars from some local government to help with a joint project on the other side of the river, just as we ask them to help us on this side of the river at perhaps some future date. So while this doesn’t require money, even if it did, according to Deke Copenhaver of our greenspace program, this will link us, our nationally-known Riverwalk to a nationally-renowned greenspace program in North Augusta, giving us nearly 40 contiguous miles of greenspace in this city. Even if we have to at some point address some financial commitment to this, it would do two things. It would help us create a national-level resource here in this city, plus it would extend a tremendous amount of good will. Quite frankly, even if we had to spend a million dollars, if we can get this regional concept working, that would be cheap compared to the benefits it would yield in the future. Mr. Mayor: Mr. Williams? Mr. Williams: Thank you, Mr. Mayor. I’m in support of the resolution, but like Commissioner Hankerson said earlier, when you commit or when you support a resolution and then saying on the other hand that you can support it later or in the future with funds, that give the perception that we in agreement of maybe not today but sometime in the future. Well, we got some issues on the table that we talked about. We have not sat down with our SPLOST funds and decided what going be going where. But I just wanted, I don’t want to give out the wrong impression. I mean I can support the resolution. I think it’s a good effort, but I still need to make it clear that, you know, we’ve got other projects that’s been on the table for a long time. I mean a long time. And have not been addressed yet. Then we turn around and allocate a million dollars, and I heard what the Administrator said, [inaudible] give the impression that we have some monies to do some things with. We’ve got to get down the brass nuts of things and throw out those things that we not going support and the things that we are going support. We’ve got a lot of great decisions to make, a lot of big decisions to make. I can support the resolution, but I hope we not giving out false hope saying that we going back it up with some monies right now until we know what monies and where it’s coming from. That’s all, Mr. Mayor. Mr. Mayor: Thank you, Mr. Williams. Mr. Mays? Mr. Mays: Yes, Mr. Mayor, if I could change the complexion of that for just a moment. I’m going to vote for the motion, but one thing I think we ought to be very clear about, is that when we vote for concepts, it’s always good to know a little details about some concepts, because the worst thing in the world you can do is vote for a concept and 4 then something’s in it later on that you want to change and then you said you’d support it. I know it’s in its early stages, but if someone can just tell me, and it’s not going change my mind about the vote on the concept, but I would hope that in envisioning this project, which could be a great thing, that we would keep in mind while we do not at this current time have riverboats that are back on the Savannah River for dinner cruises and all of those things, that with a pedestrian bridge going across the Savannah, that its height would at least be to where the height of where the current bridges are from the standpoint that you’d be able to make passage underneath it, and if there is some information that Steve or Mr. Kolb has on that in its at least preliminary concept, I’d like to hear it, because I don’t think you can have one with a low height level to a point while you get that and you make the passage and it could be very good for conventioneers and of going back and forth with the convention center and hotel and golf course on that side, just for even our local people to you. But I think you want to at least have it to a point where it does not restrict other usage for the future on the river, and where you would need that height of passage. And if it’s some information you could share on that at this point, I’d like to hear it. But I’m still going to vote for the concept that’s there. Mr. Shepard: And the answer your question, Commissioner Mays, I do not have that type information. I was more concerned with the potential earmark competition and I don’t have what you ask. Mr. Mays: And I just threw that out from the standpoint that I hate to see us conceptually vote for that, which could be a very good thing, and then its height level be such that, you know, we come back and say well, why did we do that, now we can’t even get boats past it, and somebody wants to come and put two or three on the river, to be able to also add to economic development for both sides of the river. So I think before that’s done, that ought to at least be one common sense mode in there that it ought to be height of what you’ve got now so that you’d at least have the passage that used to take the boats that we did have up and down the Savannah, and I think when they were here, they provided a great source of entertainment and added things there for both conventioneers and for local traffic, as well. But I just don’t think we should build something that’s, that we would support and we don’t know where that height is going with it. The concept of it is good, but I just think at some point it needs to come back that we know what it’s going to really be and have some final say in it. And that’s not to block the progress of it, but it’s just to a point that you don’t want to do one good thing with a concept and then not knowing where you’re going with it you put a freeze on other things and other ideas that you could do. That’s just an observation, that’s all. Mr. Mayor: Mr. Cheek? Mr. Cheek: Thank you, Mr. Mayor, and I’ll be brief. It sounds to me like that’s a good reason to create a regional port authority. Thank you. Mr. Mayor: Any further discussion on the motion to approve? All in favor then please vote aye. 5 Motion carries 10-0. Mr. Mayor: Let’s go ahead and take up our added resolution on the addendum agenda. The Clerk: Addendum Item 1. Motion to approve a resolution of support for the Masters Golf Tournament. Whereas, the Masters Golf Tournament has since its inception attracted the masters of the game of golf to our City; Whereas, Augusta became the center of the golf sports world during one week each April; Whereas, the Masters Golf Tournament and the many visitors it attracts to our city provides significant positive financial impact for our city; Whereas, the Masters Golf Tournament is recognized as the best-run golf tournament in the world; Whereas, the Masters Week is the best opportunity for Augusta to showcase herself to the world; We, the members of the City Commission of Augusta Richmond County do wholeheartedly support the Masters Golf Tournament and encourage its city to warmly welcome all who come to peacefully enjoyer Masters Week in our city; that we as the City Commission and the people work together to ensure that Masters Week held this April, 2003 in Augusta be one of the best ever for all who live here and those who choose to visit our city. Mr. Mayor: Mr. Cheek, you want to make the motion since it’s your resolution? Mr. Cheek: Thank you, Mr. Mayor. I tried to -- and I apologize for this not being as eloquent as our Attorney or your staff and our Clerk would have put together, but I felt it important for us to unify behind something that is so important for us a City, but I make a motion that we support this. Mr. Shepard: Second. Mr. Mayor: Discussion? All in favor of the motion then please vote in the affirmative. Mr. Mays out. Motion carries 9-0. Mr. Cheek: Thank you. Mr. Mayor: Move ahead to our delegation. 6 The Clerk: DELEGATIONS: C. Mr. Jack T. Eckert, Chairman Augusta Public Transit Involvement Committee RE: Board Attendance Mr. Mayor: Mr. Eckert, welcome to the chamber. If you’ll give us your name and address again for the record, please, and then you’ll have five minutes. Thank you. Mr. Eckert: My name is Jack Eckert and my address is 122 Kings Chapel Road, Augusta. You got me off balance, but here I got. I’m chairman of the Augusta Public Transit Involvement Committee, and for the benefit of some of you, this Committee was formed back in the summer of 2001, and at the first meeting, there were a good number of people there who said they had no idea why they were there. And of the 11 people appointed to the Committee, only one -- and that happened to be Willie Jones -- had seen the inside of a business. And as many of you know Willie Jones, you can take exception to that remark. But anyway, I’m here to address the problem we have with attendance and vacancies. And as I recall, Willie Jones was before you last summer and addressed the same problem, all to no avail. But based on the information supplied to me by the secretary, out of the last 13 meetings we held, only two did we have a quorum. It took us almost a year to pass an amendment to the bylaws. Now the membership, one person attended 13 meetings. One person attended ten meetings. Two people attended six meetings. One or two attended five, and one or two attended four, and two attended only three meetings. Now from that, you can see we can’t get much done. Only two people attended more than half the meetings. And it so happens that I ran into the Mayor one day and I addressed him on this problem and he said send them a letter and tell them if they don’t attend the meetings, they’re off. Which brings me to the next problem. We presently have two vacancies. We’re about to have two more vacancies. We can’t get the vacancies filled. Back in December, I wrote to the two Commissioners involved pointing out that we needed replacements. And I said at that time that we would be glad to help, if help was needed, and gave my phone number. Nothing happened. So January I wrote the two Commissioners once again, and this time I pointed out that when the Committee met and the place and the time and again offered my help and my phone number. And nothing has happened. Now four months later I find out -- I receive a remark, it would have been nice if you’d had a list of people to choose from. Well, we didn’t know that and nobody told us. But I have a question I’d like to ask but I won’t, and that is why does it take four months or more to name a replacement? And another question I’d like to ask but I won’t, why does it take four months to find out you need help? I have another question I’d like to ask but I won’t, did you turn to the churches in your District for help? They’re a great source of people. Then the last question I won’t ask is do you care? If you don’t, tell us, and the people who are attending these meetings sporadically will fold their tents and silently go away. Our time is valuable, too. And like you, all we have is 24 hours in the day, no more and no less. Now I do have a question I will ask, and that is this: are you, is the Commission aware that on Good Friday there will be no transportation, as I understand it, and as person said a year ago in 7 rant and raves, it’s the Holy Day, not a holiday, so why isn’t there transportation? And with that, with those remarks I will end. If you have any questions, I will answer them if that’s in order. I don’t know. Mr. Mayor: Mr. Eckert, thank you very much for appearing today. It’s a constant challenge to appoint to committees in some cases and to keep them active and interested in attending meetings. I share with you your concern over the lack of quorums at your meetings. I would advise you at this point, you know what the vacancies are and each Commissioner, each member of this board is responsible for specific appointments to that board, and I would encourage you to continue to work with those Commissioners to fill those slots on those boards. We certainly appreciate your dedication to this process. Mr. Eckert: May I ask, is there such a thing as a map with your Districts in it? Mr. Mayor: Yes, sir, there’s one in my office, if you’d like to go look at it. Mr. Eckert: Do you have it in Braille? All right, Mr. Mayor. Mr. Mayor: Mr. Cheek? Mr. Cheek: Mr. Mayor, to do -- I hate everybody being generalized for one of my sins, I’m one of the guilty two. I had a person appointed that asked to go to a different board. A seat came open, and I moved him. Yes, I have problems filling that. But item 32A, Mr. Robert Ingram will be appointed today if the Commission approves, to serve on your board. And he has experience in that area. And I do apologize for my tardiness in making this happen. Mr. Eckert: Thank you. Mr. Mayor: Thank you, Mr. Eckert. Mr. Mays: Mr. Mayor? Mr. Mayor: Mr. Mays, did you have your hand up? Mr. Mays: Let me say this to both Mr. Eckert and to my appointee, Mr. Willie Jones. And I’m quite proud of my appointee because I don’t know whether it just rings with the name Willie, but both of us can get to be very vocal about public transit. And he asked the question as to whether or not did we care? Public transit is something that even though I may own an automobile and am fortunate enough to do that, I’ve recognized for a long time now, throughout three governments, that a lot of people don’t, and not only should it be a priority burner item for those may not have an automobile, but to be a priority item for this city to push public transit as something that is a positive alternative that we have so that people can have a reason to leave their automobiles at home, those who have them, and also to provide a service for those who do not. So it’s one that I go back very closely with, that I take very seriously, and I think my colleagues know that in 8 times of a budget fight it’s one that I get very personal about. So I would hope you much success in getting this particular board filled, and after so, not only with your meetings, but to give the Director some help. He’s there and he has to live with the budget that we give him collectively as a Commission. But even to come and to not just request about the board members, but to give suggestions that are supportive to this Commission pre- budget time so that we can become pro-active. We’ve talked about a lot of things being on our plate for sales tax, some of it in wish list form, some of it in necessity that’s got to be. But as we move about this county, 300+ square miles of it in area, and we talk about activities that go from Diamond Lakes to a proposed new arena, you know one of the things I think should parallel that first and foremost is that it’s accessible to public transportation and that it’s there during those hours of operation that events will be held. And I think you need to keep our feet close to the fire as a committee in terms of coming back and of working with us on suggestions and to make sure that as we propose these other events that cost into the multi millions of dollars that we also keep this one on the front burner and that public transit not just be cast aside as something that catches crumbs from under the table, that it be a first priority item. If we are going to be a first tier city, then we ought to act like it and just as we want to do the things with the arts, we want to do the things with entertainment and sports, then we have to equally do those things for public transportation, not just as a means for people who do not have an automobile or who may be in a state where their economics cannot afford one, and I think that’s the message that has to be articulated greatly in this city and we need that committee not only to meet, but we need it also to put pressure on us to do that. And those conclude my remarks, Mr. Mayor. Mr. Mayor: Thank you. Anything further? Yes, Mr. Boyles? Mr. Boyles: Mr. Mayor, if I may, this may -- is this [inaudible] out again? The Clerk: [inaudible] Mr. Mayor: Want Mr. Mays to swap with you? We know his works. Mr. Boyles: Mr. Mayor, I just wonder, and I may be as derelict as anyone else, but how many of our other committees may not have enough people to conduct business. I know I represent the Commission on the Daniel Field, the General Aviation Board, and at our last meeting we were two people short of having a quorum. And I think that we just need to come back and maybe revisit all of our committee lists. And again, I may lead the list. There may be a couple of appointments on committees that I have not made. Could we find some way that we could revisit that, to not just Transit, but all the others combined? I know about the high profile committees like the Coliseum Authority, and those don’t seem to have any problem getting their members appointed and being there, but some of the committees may not get the attention that those do. Is there some form that we could do or some method that we may go back and just check all of our lists and see that we’re up to date? I know Lena keeps us pretty current, but again, I think I’ve got a few -- and again, this is probably -- I don’t remember this coming up as one of my standing committees, even though Mr. Eckert lives in the Seventh Commission District 9 and I would certainly have re-appointed him had he been there by my predecessor. But I just wonder if there is some way that we may not be able to come back and just look at all of our committee lists, and if they’re going to function, they need to function. The Clerk: I’ll send those out to you, Commissioner Boyles. Usually the authority boards or commission, if they’re having attendance problems with their boards, they normally will notify us. We have an attendance ordinance saying that if they miss three meetings, then they’re automatically off the board. However, we won’t know that unless the boards or authorities or commission notify us. I haven’t received any notification other than when Mr. Eckert wrote me about a month ago and start working with him and Commissioners regarding those appointments. We’re working toward those, but if we’re not notified then we don’t know that they’re having attendance problems. So we rely on the boards. Mr. Boyles: Can we just kind of let our folks out there know that if we need to do some more on our behalf, can we do that? The Clerk: Yes, sir, we can do that. Mr. Boyles: I appreciate that. Thank you, Mr. Mayor. Mr. Mayor: Anything further? The next delegation. The Clerk: D. Safe Communities Project Ms. Priscilla J. Bence, Coordinator Re: ARC Traffic Engineer position. Mr. Mayor: Priscilla, welcome back. You have five minutes. Ms. Bence: Thank you, sir. I just got back from Chicago, and this is a beautiful city, the most beautiful city in the world. Good afternoon to the Commissioners, Mayor Young, Ms. Bonner, Mr. Wall, Mr. Kolb. I am Priscilla Bence from the Safe Communities Coalition at the Richmond County Board of Health, also sponsored by the Governor’s Office of Highway Safety. And I came before you last summer because I was concerned about our not having a traffic engineer. I come before you today and handed out a handout to you about this same situation. I’ve already talked to the Director of Public Works, Teresa Smith. And the basis for my concern is the same, that we have not filled the most cost-effective way to reduce traffic injury in our city. Safe Communities continues to do statistics, using the data from the motor vehicle accident reports, and this is just one example of the great reductions that we’ve had in a lot of intersections with interventions by traffic engineering. I highlighted the two that did not have this good intervention done, and so you see that they have not improved, but this is just one example. And we learn about the traffic injury rates, the bad intersections, through media sources such as Preston Sparks at The Chronicle giving us a couple of 10 articles last week. I was recently talking to people at the Emergency Medical Services Conference over at the Radisson today. They were telling me about different intersections in town. So we learn about these flow patterns and how they could be corrected with traffic engineering. But what I was wondering about is why aren’t we getting applicants when all of you got this salary increase this last fall? What’s going on? And the only thing I could come up with is that possibly we’re not getting very many candidates because of the job descriptions. When I compared the job descriptions in Augusta with traffic engineering in other cities -- I was only able to get Savannah and Albany real quickly -- I saw that it was quite a bit different in terms of responsibility and expectation, also education and experience, even though you have raised the salary to a commensurate level with these other cities in Georgia. So I have a little bit of concern that people in a professional realm who have the education and experience and want the authority and the ability to use their profession to better things here in Augusta may not be attracted just because of the job descriptions. We live in a day and age where it’s not just money, people are looking for quality of life, for a good job structure and description, and this may not be true for some professionals. For example, in this city, we do have traffic engineering falling under Public Works instead of independent as I found in the other two cities that I looked at. As the coordinator of a traffic injury prevention coalition who looks at these numbers, I would just urge you to maybe re-look at this as you did last summer and again this fall. I know you’ve done a lot of work in this area, but just request that you look at this again. Why are people not being selected? What kind of people are coming forward? When they call back and say they don’t want the job what reasons are they giving: Does it have anything to do with the job description? Are they under-qualified or over-qualified? And possibly if you could get a traffic engineer somewhere else to review the job descriptions, that would help possibly in increasing the specificity of it as far as the duties and the actual credentials. Because ours does not list registered traffic engineer. That’s just one example of how we’re not specific on needing a higher level. The problem of falling under Public Works is that that is headed by a civil engineer, and my understanding is that there is quite a bit of difference in the professional background educationally and experience of a civil engineer and traffic engineer, so that may need to be looked at also. And again, as a coordinator of coalition here in Augusta, I want to say that I know for a fact, just from looking at the statistics that we’ve done over five years, that when you get more traffic engineering specifically involved on these remedies that we talked about, that you’re going to see immediate cost savings to the community. The fact that we’ve ranged between $50 million and $100 million a year in traffic injury losses to the community, those numbers go down within months when you have interventions. It’s really phenomenal. And this can be turned around if we can rectify this traffic engineering situation. As an interim, before you look at the job descriptions, I would just urge that if there is any candidate that has come forward that has, you know, they’ve had their references reviewed and they’re qualified, that you consider these people, but I just would urge you to review the whole situation if possible and feel free to call if you want me to do more research as far as other cities. Thank you for the improvement as far as the pay scale. I think that will make a big difference in the qualifications that do come forward eventually. Thank you, sir. Any questions? 11 Mr. Mayor: Thank you, Priscilla, for the work you and the coalition do for our Safe Communities. Appreciate you coming back again and keeping this on the front burner. Certainly I encourage you and your organization, if you all are aware of any qualified candidates who would be good people to assume this position, if you would refer those to us, that would help us broaden the pool of people we can choose from. Thank you. Ms. Bence: Thank you. Mr. Mayor: Madame Clerk, let’s move ahead -- yes, Mr. Mays? Mr. Mays: I think a message of that importance, maybe in just a quick synopsis, and I won’t make it cause I’m not usually quick, but it’s one that I’ve been talking about, not just with this position but other positions where we’ve had this debate about filling them and getting folk in-house versus where we been contracting along, maybe the Administrator could give us a slight update at this point as to where that status is and of what’s going on there in terms of that particular position. Because I know it’s been some movement in there but I think to a point that while we’re discussing it publicly that a response could be given in terms of where we are. We’re either somewhere close to it, we’re not anywhere, but I mean it’s not sitting dormant, and I think maybe he needs to do that. Mr. Mayor: Mr. Kolb, can you accommodate the Commissioner? Mr. Kolb: Mr. Mayor, members of the Commission, I would be happy to give you a report, but I haven’t had a conversation about it in some time. I can get back to you and give you a written report, or if Ms. Smith is here, I can refer it to her. Ms. Smith: Good afternoon, Commission and Mayor, ladies and gentlemen. With respect to the position of traffic engineer, we have received applications in. We actually have what we believe to be a qualified applicant pool from which we are in the process of reviewing and selecting candidates. The majority of the candidates that we are reviewing have professional engineer license, some of which are -- most of which specialize in the area of traffic engineering. However, the professional engineering license itself for this field is indeed a civil engineering license, so the differentiation between civil and traffic is such that the Board of Professional Engineers and Land Surveyors registers them as civil engineers. We are still working with Human Resources. We have some additional applications that have come in that we feel are, also have qualified candidates in them. We are setting up interviews, and we are in the process of analyzing those applications that have been submitted. Mr. Mayor: Ms. Smith, is it not true that as we are going through this process, we have retained a consulting engineer to work with traffic engineering? Ms. Smith: We do have a consulting engineer that is working with the traffic engineering group, and if you will recall, one of the activities that this traffic engineering 12 group was working with was implementing some programs that the Commission was interested in seeing put in place in the absence of a traffic engineer. Those were new programs, such as the traffic calming program. We had some activities with the MUTCD, where we had some new requirements that needed to be put in place, and there needed to be a plan developed for those types of activities. I am actually appreciative of Ms. Bence for bringing forward the report that she did. That demonstrates how well the traffic engineering group is performing, even in the absence of a traffic engineer, and would like to applaud the staff members in our traffic engineering group for the continued effort and the hard work that they have put forward and have dedicated to the city, again in the absence of a traffic engineer. Mr. Mayor: Thank you. Mr. Williams? Mr. Williams: Thank you, Mr. Mayor. Ms. Smith, can you tell us, though, where are we in -- I heard what you’re saying about the applicants, the pool of people that you got to look at. How far, where are we now? When can we expect, I mean, is it close, or are we just at the beginning stage? You know, we’ve been with this for a long time, and further on the agenda, we’ve got personnel issues that I tend to pay attention to that I wanted to make mention of later about some employment. But where are we? How much longer? I mean, can you give us any idea of where we are? Ms. Smith: Commissioner, I believe that we advertised that position in several of the trade magazine, and that was indicated when we came forward in January. It takes about 60 days for that information to get published. That position, I believe, closed either at the end of February or the beginning of March. So we’ve reviewed those applications. We have done some telephone interviews, and, again, some additional applications have come in that we’re taking a look at. We want to make sure that we do indeed get the best qualified applicant to fill that position. So we’re hoping that within the next 30 days, we will have that initial review process taken care of, as well as having someone, if we have someone, to come from out of town for an in-person interview, to have that activity completed. Mr. Williams: I didn’t open up this keg of nails, but since it’s open, I need to ask that our previous traffic engineer was a local person. Is that right? Ms. Smith: Actually, he moved to Augusta from Atlanta. Mr. Williams: He moved for that position? Ms. Smith: Correct. Mr. Williams: He moved to Augusta for that position from Atlanta? Ms. Smith: From Atlanta. He was not already in Augusta. He was not already an employee of the City of Augusta. 13 Mr. Williams: Okay. That clarifies that, then. I was thinking that, I mean, and we’ve been going out of town, and I got no problem going out of town, but I get a lot of calls, and, like Mr. Mays, I’d rather go to Wal-Mart at midnight to shop because folks are asking me, what’s wrong with people in Augusta. Why can’t we hire local people to do some things? And I think we ought to be addressing those issues. I think we ought to get the best qualified person, as well. But we have not shown that previously, and that’s a big issue with a lot of people. If there’s something in the water that we’re drinking that, you know, that don’t bring us up to the scale of -- Ms. Smith: Are you talking staff, or are you talking citizens in Augusta? Mr. Williams: I’m talking citizens in Augusta, as far as hiring. Ms. Smith: I actually think that, throughout all of the engineering firms that are currently in Augusta, there are probably around, less than five that specialize in the area of traffic engineering. It’s a specialized field, and a number those people actually contract out services for traffic counts and traffic related design. Specializing in traffic engineering, two firms that do just that. Specialize in traffic engineering. But we do not have an engineering firm in the City of Augusta that specializes in traffic engineering. Mr. Williams: Okay. Thank you, Ms. Smith. But like I said, I didn’t open up that keg of nails. I got some more questions, but we’re coming up on another part of personnel a little later. I hope you’ll be around, because I got some things that you might be able help me out with. Ms. Smith: Great. Thank you. Mr. Mayor: All right. Anything further? Madame Clerk, let’s move on to our consent agenda, please. The Clerk: Our consent agenda consists of item 1 through 32A. That’s items 1 through 32A. Under our Public Services agenda, we will announce the alcohol petitions. If there are any objectors to any of the petitions, would you please signify your objection by raising your hand? PUBLIC SERVICES: 1. Motion to approve a request by Walter W. Lyons for a Special Events Beer License for 4 days April 9th thru April 12th 2003 for Famous Dave’s Barbeque located at 2821 Washington Rd. to be used at 2821 Washington Rd. in the parking lot. District 7. Super District 10. (Approved by Public Services Committee March 24, 2003) 2. Motion to approve a request by Scott Levine for a Special Events Beer license for one day April 19, 2003 for Scott & Dee, Inc. located at 873 Broad St. to be used at the Exchange Club Fairgrounds in connection with the Augusta Harley Owners Association. District 1. Super District 9. (Approved by Public Services Committee March 24, 2003) 14 3. Motion to approve a request by Kevin Goldsmith for a Special Events Liquor & Beer license for 5 days April 8th thru April 12th 2003 for Pullman Hall Catering located at 560 Walton Way to be used at 2701 Washington Rd. in the National Hills Shopping Center parking lot. District 7. Super District 10. (Approved by Public Services Committee March 24, 2003) 6. Motion to approve the request by Thomas D. Thompson for an on premise consumption Liquor, Beer & Wine Special Events License to be used in connection with Comfort Inn located at 629 Frontage Rd. for April 7th thru 12th, 2003. District 3. Super District 10. (Approved by Public Services Committee March 24, 2003) Are there any objectors? Mr. Mayor: Are there any objectors to any of those alcohol licenses? Okay, none are noted, Madame Clerk. All right, is it possible to add any items from the regular agenda to the consent agenda today? Mr. Hankerson: Yes, sir, Mr. Mayor. Mr. Mayor: Mr. Hankerson? Mr. Hankerson: We could add number 37, item 37. Mr. Mayor: All right. Mr. Shepard: Mr. Mayor? Mr. Mayor: Yes, Mr. Shepard? Mr. Shepard: I was under the impression that the Cameron case had reached a case in the HPC. The Clerk: Yes, sir. [inaudible]. Mr. Mayor: Item 38, is that right, Mr. Patty? Mr. Patty: Yes, sir. Mr. Mayor: Could we add that to the consent agenda or is there some -- Mr. Shepard: Do we need to just delete it? Mr. Mayor: Just delete it? Mr. Patty: Lena and I debated what the appropriate action was and they resolved it to everybody’s satisfaction. The question is do you have to act on that? 15 The Clerk: [inaudible] Mr. Wall: [inaudible] right now it stands as a denial. You need to approve the settlement of the issue. Mr. Shepard: Mr. Mayor, could we just add it to the agenda approving the settlement reached in the HPC? Mr. Mayor: Okay. Mr. Shepard: Put it on the consent? Mr. Mayor: Can we add that to the consent agenda? Okay, Madame Clerk. Mr. Williams: I’m sorry, Mr. Mayor, what was that? Mr. Mayor: 39A. Mr. Williams: Mr. Mayor? Mr. Mayor: Would about number 40, those appointments? Number 40, the appointments to the Community Service Board? Could we move that the consent agenda or did you want to hold some elections? Mr. Williams: I wanted to hold that one, Mr. Mayor. Mr. Mayor: Okay, you want to hold that? All right. Mr. Cheek: Did we get 37 moved over to the consent agenda with the recommendation to approve the exemption? The Clerk: [inaudible]. Mr. Mayor: And then how about item number 41? Mr. Beard: We could move that one. Mr. Mayor: Okay. And how about 42? Mr. Williams: Wait, wait, wait. Mr. Mayor: You want to have some discussion on that, Mr. Williams? Mr. Williams: Yes, sir, I sure do. Mr. Mayor: On 41? 16 The Clerk: Yes. Mr. Mayor: Okay, what about 42? Mr. Boyles: I’d like to hear from that, too. Mr. Mayor: You’d like to hear that? Okay. How about 45? That’s just an annual routine thing that we do. 45. Mr. Boyles: [inaudible] The Clerk: [inaudible] Mr. Mayor: And then Mr. Boyles says 42 can go on. The Clerk: 42? Mr. Mayor: Right. Mr. Cheek: Mr. Mayor, I thought Commissioner Boyles was going to give that money up and I was going to tell him we could use it on Windsor Spring Road. Mr. Boyles: I didn’t hear what the Commissioner said. Mr. Cheek: I said I thought you were going to give that money up, that you didn’t want it, and we would use it on Windsor Spring Road if you wanted a place to put it. Mr. Boyles: Maybe tomorrow, but not today. Mr. Mayor: All right. So we’ll need a motion to approve the consent agenda as published with the additions we’ve just enumerated. Mr. Colclough: I so move. The Clerk: 37, 45 and 42. Mr. Mayor: We have a motion. Do we have a second to that motion? Mr. Cheek: Second. Mr. Mayor: Gentlemen, what’s your pleasure? What items would you like to pull? Mr. Williams: Mr. Mayor, I need to get some clarification on a couple of items. 17 Mr. Mayor: Mr. Williams, I’m sorry, I’m having trouble hearing you. Mr. Williams: Okay, I need to get some clarification on a couple of items, 11 and 12, Mr. Mayor. Mr. Mayor: All right, thank you. Mr. Williams: Also item number 20 and item 30. Mr. Bridges: Item 28, Mr. Mayor. Mr. Mayor: Number 28 for Mr. Bridges, okay. Any others? There is a motion to approve the consent agenda with the added items, minus items 11, 12, 20, 28 and 30. Mr. Williams: Mr. Mayor, I’m looking for an item. The Clerk: It’s -- CONSENT AGENDA ITEMS: PUBLIC SERVICES: 1. Motion to approve a request by Walter W. Lyons for a Special Events Beer License for 4 days April 9th thru April 12th 2003 for Famous Dave’s Barbeque located at 2821 Washington Rd. to be used at 2821 Washington Rd. in the parking lot. District 7. Super District 10. (Approved by Public Services Committee March 24, 2003) 2. Motion to approve a request by Scott Levine for a Special Events Beer license for one day April 19, 2003 for Scott & Dee, Inc. located at 873 Broad St to be used at the Exchange Club Fairgrounds in connection with the Augusta Harley Owners Association. District 1. Super District 9. (Approved by Public Services Committee March 24, 2003) 3. Motion to approve a request by Kevin Goldsmith for a Special Events Liquor & Beer license for 5 days April 8th thru April 12th 2003 for Pullman Hall Catering located at 560 Walton Way to be used at 2701 Washington Rd. in the National Hills Shopping Center parking lot. District 7. Super District 10. (Approved by Public Services Committee March 24, 2003) 4. Motion to approve Bid Item #03-053, Brookfield Gateway Park to Ammar Company for $638,000 and to reprogram $250,000 SPLOST Phase IV funds from Diamond Lakes Regional Park year 2003 to 2005, and reprogram $250,000 SPLOST Phase IV funds from Brookfield Park year 2005 to 2003. (Approved by Public Services Committee March 24, 2003) 5. Motion to approve Second Amendment to Co-Location Lease Agreement between Augusta, Georgia and through the Augusta Aviation Commission and Verizon Wireless of the East, L.P. d/b/a Verizon Wireless as well as Memorandum of Co-Location Lease Agreement to be recorded. (Approved by Public Services Committee March 24, 2003) 18 6. Motion to approve the request by Thomas D. Thompson for an on premise consumption Liquor, Beer & Wine Special Events License to be used in connection with Comfort Inn located at 629 Frontage Rd. for April 7th thru 12th, 2003. District 3. Super District 10. (Approved by Public Services Committee March 24, 2003) ADMINISTRATIVE SERVICES: 7. Motion to approve the allocation of $15,000 from UDAG or CDBG Income Funds to Able-disAbled, Inc. for emergency funding to assist with transportation for people with disabilities, elderly citizens and tourists with special needs. (Approved by Administrative Services Committee March 26, 2003) 8. Motion to adopt Resolution to observe April 21-27, 2003 as National Community Development Week. (Approved by Administrative Services Committee March 26, 2003) 9. Motion to approve a 2003 budget adjustment in order to allow the Augusta Utilities Department to create a Safety Program that includes OSHA accredited safety training and safety equipment aimed at reducing the likelihood of civil liability, overall cost to the department and provides for improved safety for all employees. The total cost of this program will be $275,929 for 2003. (Approved by Administrative Services Committee March 26, 2003) 10. Motion to deny annual supplement in the amount of $8,000 for Sam Sibley, $3,000 for Eddie Goode, $3,000 for Elizabeth Chavis and $3,000 for Cornice Lee for providing services to defendants being treated at Georgia Regional Hospital. 11. Deleted from the consent agenda. 12. Deleted from the consent agenda PUBLIC SAFETY: 13. Motion to deny annual supplement in the amount of $8,000 for Sam Sibley, $3,000 for Eddie Goode, $3,000 for Elizabeth Chavis and $3,000 for Cornice Lee for providing services to defendants being treated at Georgia Regional Hospital. (Approved by Public Safety Committee March 26, 2003) FINANCE: 14. Motion to approve renewal of Public Official Liability coverage with Royal Insurance Company. (Approved by Finance Committee March 26, 2003) 15. Motion to approve a request from the Development Authority of Richmond County for county funding of its appropriation. (Approved by Finance Committee March 26, 2003) ENGINEERING SERVICES: 16. Motion to approve a 2003 budget adjustment in order to allow the Augusta Utilities Department to create a Safety Program that includes OSHA accredited safety training and safety equipment aimed at reducing the likelihood of civil liability, overall cost to the department and provides for improved safety for all employees. The total cost of this program will be $275,929 for 2003. (Approve by Engineering Services Committee March 24, 2003) 19 17. Motion to grant storm water easement to Kir Augusta II, LLP located in the Augusta Exchange Complex. (Approve by Engineering Services Committee March 24, 2003) 18. Motion to authorize execution of Quit-Claim Deed to abandon a portion of a sanitary sewer easement in Hudson Trace subdivision. (Approved by Engineering Services Committee March 24, 2003) 19. Motion to approve bid award contract in the amount of $52,000.00 to OneSource Development, LLC to design the roadway extending from Richmond Hill Road to the proposed Augusta Utilities/Public Works & Engineering Complex site. (Approved by Engineering Services Committee March 24, 2003) 20. Deleted from the consent agenda. 21. Motion to approve execution of The Proctor & Gamble Company’s Encroachment Agreement across Tax Map 126, Parcel 2 for the Raw Water Transmission Line. (Approved by Engineering Services Committee March 24, 2003) 22. Motion to approve additional funding in the amount of $157,500 to Khafra Engineering Consultants, Inc. to complete the GPS work for the trunk lines in the remaining basins which includes Rock Creek, Rocky Creek, Oates Creek and the Mid City Interceptor under the current System Wide Base Mapping contract. (Approved by Engineering Services Committee March 24, 2003) 23. Motion to approve the final change order to deduct $49,731.78 from Mabus Brothers Construction Company’s contract. The change order will make final quantity adjustments (deductions and overruns) in accordance with the terms of the unit price contract. (Approved by Engineering Services Committee March 24, 2003) 24. Motion to approve Resolution requesting a road name change of Tutt Avenue to Swanee Quintet Boulevard. (Approved by Engineering Services Committee March 24, 2003) 25. Motion to approve Lease Agreement between Augusta, Georgia and Jimmy Smith and Maintenance Agreement among the Light of the World Evangelistic Outreach Ministries, Jimmy Smith and Augusta, Georgia for a small parcel located at the intersection of Holloway Drive and Gordon Highway. (Approved by Engineering Services Committee March 24, 2003) 26. Motion to approve execution of Relocation Agreement with the KMC Telecom Company for Utility Relocations in conjunction with the S.R. 121 @ Windsor Spring Road Upgrade Traffic Signals Project with an estimated cost of $12,710 to be funded from the Project Utilities Account. (Approved by Engineering Services Committee March 24, 2003) 27. Motion to approve award of the Professional Services contract to ARCADIS G &M for the development of a wastewater collection system hydraulic model for Augusta Utilities. (Approved by Engineering Services Committee March 24, 2003) 28. Deleted from the consent agenda. 29. Motion to approve Capital Project Budget Number (CPB#324-04-203824045) in the amount of $1,215,000 for the Resurfacing of Various Roads, Phase VIII Project and approve to let for bid. Funds to be allocated from Special One Percent Sales Tax, Phase IV. (Approved by Engineering Services Committee March 24, 2003) 30. Deleted from the consent agenda. 20 31. Deleted from the consent agenda. PETITIONS & COMMUNICATIONS: 32. Motion to approve the minutes of the regular meeting of the Commission held March 18, 2003. APPOINTMENTS: 32A. Motion to approve the following appointments representing District 6. ?? Mr. Paul A. Haight – ARC Library Board ?? Mr. Robert F. Ingham – Transit Involvement Committee 37. Consider the trash exemption on the property of Mr. Albert Abbott. (No recommendation Engineering Services Committee March 12, 2003) HISTORIC PRESERVATION: 38. Appeal Hearing for Mr. Bradley Alexander Cameron, Sr. regarding the HPC denial of his request for a Certificate of Appropriateness (COA) for the purpose of constructing a new single-family home at 824 Milledge Road. ENGINEERING SERVICES: 42. Approve use of $630,000.00 in State Aid Funds committed by Commissioner Coleman on February 7, 2003 on The Warren Road Improvement Project. 45. Consider approval of Agreement between Augusta, Ga. and Development Authority of Richmond County. Mr. Mayor: Okay, any further items? We’ll go ahead and vote then on the consent agenda. All in favor of the consent agenda then please vote aye. Motion carries 10-0. [Items 1-6, 8-10, 13-19, 21-29, 30, 32-32A, 37, 38, 42, 45] Mr. Williams: Mr. Mayor, I need to mention that item number 9 and item number 30 I believe are the same thing, isn’t it? Is that right, Madame Clerk? Madame Clerk? The Clerk: Yes, sir? Mr. Williams: Number 9 and number 30 is the same agenda? The Clerk: I don’t think so, Mr. Williams. Mr. Mayor: Number 9 and number 30? The Clerk: 9 and 30. Mr. Williams: The same. I’m sorry, not 30. 9 and -- 21 Mr. Mayor: 31? Mr. Williams: 31. The Clerk: 9 and 31 is. Mr. Williams: 9 and 31 is the same? The Clerk: 9 and 31. That’s the Utilities Department advertising -- Mr. Williams: Could we pull, Mr. Mayor? Mr. Wall: 12 and 31. The Clerk: 12 and 31. Mr. Williams: 12 and 31. But did we pull item number 31? The Clerk: No, sir. Mr. Mayor: No. We pulled item 12. Mr. Williams: Okay. I’d like to have 31 on there, too, just for a little special -- Mr. Mayor: Is 12 and 31 the same item? The Clerk: Yes, sir. Mr. Williams: 12 and 31. The Clerk: 12 and 31. Mr. Mayor: We have -- I know we have some people here for item number 40, so if we could move ahead, Madame Clerk, to item number 40. The Clerk: Item 40? Mr. Mayor: Yes, we have some people here for that item. If we could just go ahead and take that up. Mr. Colclough: Mr. Mayor, before you take that item up. Mr. Mayor: Yes, Mr. Colclough? Mr. Colclough: Let it be known that I cannot taken an action on this item because I work at this place. I have to recuse myself from this item. 22 Mr. Mayor: Thank you, Mr. Colclough. The record will so reflect that. The Clerk: APPOINTMENTS: 40. Consider the following recommendations from the Richmond County Board of Health for appointment to the Community Service Board of East Central Georgia due to the resignations of Dr. Charles R. Lamback and Marshal Steve Smith. ?? Ms. Sandra S. Hutchinson ?? Rev. Lewis Bohler, Jr. Mr. Kuhlke: Mr. Mayor? Mr. Mayor: Mr. Kuhlke? Mr. Kuhlke: Mr. Mayor, I’d like to move approval of the two people nominated to fill these positions. Mr. Bridges: Second. Mr. Mayor: Are there any other nominations? Mr. Hankerson: I have a question. Mr. Mayor: Yes, Mr. Hankerson? Mr. Hankerson: I was looking in the backup there, and it’s -- the applications for these positions are not, all of them are not in here. I was looking at this over the weekend. I see one. I have some concerns about background information on it. Mr. Mayor: Well, they’re both in here. Mr. Hankerson: I see a talent bank then I see -- Mr. Mayor: There’s an application for consideration for appointment to a community service board for Ms. Hutchinson, and then there’s a talent bank information questionnaire for Rev. Bohler. They’re both in here. Are they both not copied in your book? Mr. Bridges: They’re not in mine, either, Mr. Mayor. Mr. Hankerson: Just one of them is an application. I see only one application for the board. Mr. Bridges: And that’s a McGahee on the application that I’ve got. 23 Mr. Mayor: If you’ll go a few pages forward from that. Mr. Bridges: I stand corrected, Mr. Mayor. Mr. Hankerson: [inaudible] talent bank, this is our talent bank. I think I [inaudible] what I mean. I see an application from the community health, but I only see one application from community health, and I see two talent banks. Those are different. Mr. Mayor: Do we have any other nominations? Is there someone you wanted to nominate, Rev. Hankerson? Mr. Hankerson: I’d just like more information on them. Mr. Mayor: The two people who have been nominated by Commissioner Kuhlke and by the Board of Health are here today if you’d like to ask them any questions. Mr. Hankerson: I don’t want to personally openly ask them questions. I just wanted to see the information. Mr. Mayor: The only information we have before us are these two questionnaires that have been completed. Mr. Hankerson: Well, can we -- Mr. Mayor: Is there some specific information that you’d like to have? Certainly try to get it for you. Mr. Hankerson: I don’t think you can give it to me for me to vote on it, not now. May have to come back to me. Mr. Mayor: Mr. Beard? Mr. Beard: Since there seems to be some question about this, and rather than just put this on the floor at this time, I’m going to make a substitute motion that we bring this back in two weeks. Mr. Mayor: Is there a second to that motion? Mr. Cheek: Second. Mr. Mayor: We have a substitute motion to put this off for two weeks so that we can get additional information for the Commissioner. Any discussion on the substitute motion? All in favor -- Mr. Mays? 24 Mr. Mays: The only thing I will say for the record, I don’t have a problem if some Commissioners are unclear. I have -- he’s about two days older than me, but I know one of the applicants, I guess for as long as I’ve been on Earth. And so I know in that one, but I can live with the two-week delay, if that brings some other Commissioners up to speed. Mr. Mayor: Mr. Kuhlke? Mr. Kuhlke: Mr. Mayor, I know that the 2 people are here, and I don’t mind giving Commissioner Hankerson time to get what information he wants. But I think out of courtesy of people that come to these meetings and sit here for 2 or 3 hours, if a Commissioner’s got a problem with the backup in this book, I wish that we would notify the Clerk prior to the meeting beginning that there’s going to be a motion to delay any action on this to prevent people from having to come down here and sit for 2 hours and listen to us, and then we do nothing. So it’s just a matter of courtesy, in my opinion. Mr. Mayor: Thank you, Mr. Kuhlke. That’s a point well taken. We’ll call the question on the substitute motion. This is for the 2-week delay. All in favor of that motion, please vote aye. (Vote on substitute motion) Mr. Bridges, Mr. Boyles and Mr. Kuhlke vote No. Mr. Colclough abstains. Motion carries 6-3-1. Mr. Mayor: Thank y’all for coming. We’ll take it up at the next meeting. If there are any Commissioners -- get with me or the Clerk. We’ll be glad to -- let us know what additional information you’d like. We’ll certainly be glad to get it for you during the next two weeks. All right. Let’s see. Do we have any other items on the regular agenda for which we have people waiting? The Clerk: 36. Mr. Mayor: We have some people for that? The Clerk: Yes, sir. Mr. Mayor: Okay. Let’s take Item 36. The Clerk: ENGINEERING SERVICES: 36. Discuss request made by the Detailing Plus Car Wash at 11th and Laney Walker Blvd. (Deferred to the Commission by Engineering Services Committee for further discussion) 25 Mr. Mayor: Okay. I’m sorry I missed the last Committee meeting. Did we have a report or a recommendation to the Commission on this? Mr. Speaker: [inaudible] Mr. Mayor: Right. And I recall when he came before us about a month ago to -- weren’t we going to get a recommendation back from the staff on this? Have we had one, Mr. Mays? Mr. Mays: Mr. Mayor, there was discussion at the last Committee meeting in reference to -- in fact [inaudible] -- my auntie passed, and I missed that one, and I asked for it to be put back on, and we got back and I applauded Mr. Russell for trying to get us to a point to make a decision and find some way in here that we could possibly make this gentleman’s business whole, in light of the fact that is was an unusual circumstance, and I think each one of us, and in particular you and me -- several suggestions in reference to trying to get this corrected because a car wash in the face of a street that’s being basically torn up for 5 to 6 blocks on a major thoroughfare is sitting there in a time also when you’ve got pollen that’s falling everywhere. It’s almost like a disaster to his business. I think where Mr. Russell ran into a snag was that in reference to, how could something be legally done to relieve Mr. Townsend. Now, Mr. Townsend, with all due respect to all parties involved -- Mr. Townsend was recommended to see [inaudible] companies to deal with the construction companies so that they could deal with the construction companies’ insurance company. Well, I felt that was a little bureaucratic. That’s just my personal feeling about it. Because the amount of money that he was looking at -- obviously the gentleman was not trying to gouge the City out of anything with the low number that was there. In fact, it was so low to a point that if he’d hired an attorney, no disrespect to attorneys present, but he would have spent more money hiring the attorney than what he was requesting, in terms of trying to help him with his business. But I just felt like, if the company in question, and I would have said this about any company, it’s no dig on the company or the staff. But my feeling was that, if companies do millions of dollars’ worth of business with the City, and if this type of thing occurs, and if they are even now at this stage, if they’re willing to talk to their insurance company, which I think has basically turned Mr. Townsend down, then to me it should have been -- and I asked early, was there a contingency in this project? I asked for the source of funds in it. I was told that it was H&D monies, there were DOT monies, and there were sales tax monies, which somewhere in there I thought that within the creative geniuses still keeping this legal, that there should have been a way to legitimately be able to help a legitimate businessman. I still feel that way. Unfortunately, it was as though we put the lowest man, and no disrespect to him, we put Mr. Townsend out in the bureaucratic position to go and deal with a Goliath of a giant of the insurance company, which is almost like the essence of you know -- you basically throwing the powerless to fight the powerful. If we wanted to help, it would seem to me that the remedy would be that we do one of several things. Either we pay for it out of contingency, if it’s there, and then ask the company to reimburse, then let the company and its insurance company fight this out. I think it’s been obviously a terrible situation that Laney Walker Blvd. Was put in, from the standpoint that once we started complaining, we were told as far as it was going to 26 basically be done around June to July. Overnight, the immediate progress started to be made, and then you woke up one morning and the whole street was paved, just about, with a few exceptions. So I was kind of like, to me, well, you know, one that they’re stopping and paving and not doing something else. But I think that the bottom line is, is that if we’re going to help, and obviously this is a unique problem, that the average citizen did not take on and hire a company and should not have to be put in the predicament of dealing with [inaudible] Insurance Company. If the company realizes it, quite frankly, made a mess out there, then they should be willing to either put it up, we should take it out of it, and say, do this, or you’ve done a bad job, and what you’re doing in terms of tearing up the whole street at one time, which any -- well, I’ll leave that alone, but sensible people should have known better, on a major thoroughfare that to leave it in the condition that it was in to a point that even our City traffic motorcycles wanted to avoid that whole area out of fear that one of them would be thrown off because they couldn’t even deal with that grading of riding on a major thoroughfare. And so that’s kind of where I am. I was hoping that the Commission would see fit to allow the Attorney, and if he needs to deal with those numbers in Legal, I don’t have a problem with that. But I just think to a point that this is one of these bureaucratic things that is found this way more impossible to get done and dealing with impediments of trying to make people whole in the name of progress than in trying to find a way to get it done. I disagree that it’s a gratuity or a giveaway. I think there’s a point where you have a legitimate damage that has been done, not necessarily intentionally, but the fact remains that the type of business that’s there -- you put a small person out, and I don’t think that’s the intention of what the City programs in the name of progress should be or intended to do. And, Mr. Mayor, that’s kind of where we left it the other day because Mr. Wall was off, so absent from that meeting, and I thought it would be unfair, since it was going to boil down to a legal decision, even if we support, or that the Commission override. So that’s kind of where we were left hanging with the Committee the other day. And Mr. Townsend is here today. Mr. Mayor: Do we have any specific proposal for the Commission to consider? Mr. Williams? Mr. Williams: While the Attorney and the Administrator [inaudible], let me mention this -- in the Committee meeting, we discussed this, as well. The street was left in a disarray for a long period of time, and we understand that, and we need to be mindful of people who do business with our City, and not take more of our citizens than that, to warn them when they was coming through and other things. But this is not the only case that’s coming, and I need to bring this to this Commission’s chamber. There are several people who have had their automobiles damaged from the grading of the road and leaving the manhole cover raised. And there wasn’t anything put around them. There was no warning sign, there was no flashing light. There was nothing. And some of those cases already came, and I asked these people who -- I know in one incident, there is a lady who, driving a front-wheel drive automobile, ran into the manhole cover and tore the transmission pan loose from her automobile. And I intend to get those documents stating what happened, and the repair bill, and need to bring them to give to our Attorney, for he needs to see the construction people. And I know at least 2 other cases besides Mr. 27 Townsend. Mr. Townsend has been in this business, and I don’t know how long. I want to ask him that one question. How long have you been there in that location? Mr. Townsend: Year and a half, now. Mr. Williams: Year and a half? Okay. Well, Mr. Mayor, I hope that we can get something worked out where we can get this minor problem that we’re putting major emphasis on, solved, and get this out of the way. Had this man came and asked for some unreasonable amount of money or assistance, I can see be going to Legal and going to do all this -- and we’re spending more taxpayer money talking about nothing, and then we could have done [inaudible] things. But I agree with everything Mr. Mays just said. The construction company, you know, has got some [inaudible] things that’s built into it, and we need to let them know that if they’re going to do this kind of business, we don’t need them doing business with this City. Mr. Mayor: All right. Well, I appreciate the comments of Mr. Mays and Mr. Williams, but there is no backup on this. And if we’re going to try to give some relief to this gentleman and his business, we need to have some specific proposal for the Commission to consider today. Is the staff or the Attorney bringing something specific for this Commission to consider? Or does someone have something they’d like to offer. Mr. Wall: Well, I’d be glad to bring you up to date. I was not in the initial meeting. My law partner was, when they met Mr. Townsend, and the claims appear to be one of damage that was done by the dust, and that was created. There’s a specific provision in the contract that requires that the contractor control the dust, and he was referred to the contractor and put in touch with the contractor. We received -- this is stamped, received March 31, so I guess it was yesterday. I learned about it today, where the insurance company apparently has notified Mr. Townsend that they are denying the claim. I have now spoken with the contractor, and, to be sure that he understood the nature of the claim, and to push the insurance company toward resolving that, and he is pursuing that. I do not have a response back from him at this time. My recommendation was going to be, let me work through this with the contractor as well as the insurance company and push them to, hopefully, resolve this thing in an amicable manner before the Commission takes any action to pay. And I understand Mr. Mays’ concern about a small business owner can’t wait forever, while the companies consider a claim and issue claims, et cetera. But hopefully, we’ll get some quick resolution to this. And that’s my recommendation. Mr. Mayor: Jim, do you think it would be possible that you would have something you could report back to Engineering Services on Monday? Would you get something that quick? Mr. Wall: He said he would try to get back to me today, but I’ve not heard from him. Mr. Mayor: Mr. Cheek? 28 Mr. Cheek: Thank you, Mr. Mayor. Mr. Mayor, we had this type of problem, and a number of complaints, from different areas where we had utilities projects going on about a little over a year ago. The contractors were not considering the businesses. They were leaving the entrances and exits half done, halfway finishing jobs and moving on down the road. In any event, we had some communication with staff, with Max and Mr. Richards. They clearly communicated our expectations as a City to these contractors, and I’m not sure the verbiage that they used, but that problem, the message must have been strong enough because that problem is going away. I guess we’ll see with Goodale Landing and that entrance how customer-oriented they are, and how far we’ve come truly. But I think a lot of times these contractors get on these jobs, and I can’t speak to the details of this one, but certainly if you look at the work area and all, they’re not doing as neat a job as they could be, and their attention to detail seems to be lacking, so perhaps our Director of Public Works could communicate similarly to what Mr. Hicks and Mr. Richards did with those other contractors, that this is substandard performance, if that be the case, and that their ability to do business with the City may be jeopardized if they continue with this type of practice. That’s the long-term solution, that we don’t tolerate this type of thing. I have great empathy with this gentleman, but I am concerned, as we redo Windsor Spring Road and 520 and all these other roads, if we start, we get in a position to where we’re starting to pay damages on behalf of companies, that there’s going to be an awful long line of claims that are legitimate, based on this precedent, in the future. And that’s why I’m very concerned that we do allow this to go through private channels, if possible. But staff corrected the problems in Utilities, and I believe staff could do the same thing with this type of problem, too. Mr. Mays: Mr. Mayor? Mr. Mayor: Yes, Mr. Mays? Mr. Mays: Mr. Mayor, I applauded Mr. Russell the other day, and I still do for the work and effort that he put in, but obviously this boils quite frankly to a legal decision. Mr. Wall’s proposal, unless something passes, otherwise from the Commission, will still be acted upon. I’m going to make a motion in just a minute, and I’m not going to be mad at anybody, I just hope that people can use some judgment in what they’re th doing. I disagree a little bit that the company only created dust. If you go from 7 Street to R.A. Dent Boulevard on Laney Walker, this gentleman’s business sits almost dead center on Laney Walker. But every block approaching it, it was torn up in 4 lanes. Not just dust. Mud, rocks, everything that would lead to a car wash. Now all of use who may pay from time to time to get a car washed by somebody else, you know that if you go through that to get your car washed, that in one of those directions when you leave, you’ve got to go back through that. So you’re not going to spend money in that area to do that with a car wash. If the company has already denied that, that leaves us, then, with the good faith of the construction company, who, legitimately, I presume, bring us change orders, pretty much most of the time they do business. And do thousands and do hundreds of thousands of dollars’ worth of work with this City. I do think you have an exceptional situation. Sure, you can say there may be a store, there may be restaurant, 29 there are others even on this street, before we even [inaudible] Laney Walker, that would have some complaints. But this one specific situation of getting a car cleaned -- you either put somebody in or out of business when you do this. And I think with the sources of funding that you got, you can justify it. I still have not heard what the dollar figure is, even though I’ve asked Mr. Mayor several times about the money contingency. But I’m going to go ahead on, and like I say, I’m not like the young folks, I’m not going to be mad at you. Y’all do what you want to do with your vote. But I’m going to put it on the floor any way. I’m going to make a motion that the claim that Mr. Wall is holding, which is miniscule and probably is less than probably a law student just coming out passing the bar would charge Mr. Townsend to get represented and charge him a legal and, to a point that if you went before a jury to a point they could understand this a lot better than some of the claims that we around find time to defend our taxpayers’ money right about now. I’m going to make a motion that the reimbursement on this come out of contingency of construction for this project, that it be charged against the contractor, and that if the contractor wants to work that out with his insurance company, then he do so. But I think in good faith, the contractor for what time limit that he has been out there, what he’s done, should come forward and pay it even without a problem, and that is my motion. Mr. Williams: I second it. Mr. Mayor: All right. Motion has been seconded. Any discussion on the motion by Mr. Mays? Mr. Bridges? Mr. Bridges: Mr. Wall, I’d like to hear your legal comments in regards to the motion on the floor. Mr. Wall: In order for the claim to be pursued against the contractor, it has to be for a breach of the terms of the contract. And Commission Cheek is correct, insofar as any claim for interruption of the business -- I urge the Commission not to start paying for those. That is not a compensable claim. However, in this situation, Mr. Townsend, in my opinion, does have a legitimate claim for the business interruption or business damage caused by the contractor. The contractor did not control the dust, and the dust is the contractual provision that obligated the contractor to control that. And, again, my recommendation is to allow me to work through the contractor with the insurance company. Otherwise, we’re going to be put in the position of basically, subrogating a claim back against the contractor and proving Mr. Townsend’s claim back against the contractor in order to charge it back against him. Mr. Bridges: So the motion on the floor is not one that you recommend? Mr. Wall: It’s not one that I would recommend. Mr. Bridges: Okay. Mr. Mayor: All right. Mr. Beard? 30 Mr. Beard: I don’t mind Mr. Mays’ motion, but I would like to ask him that the possibility of -- I don’t know what that claim is for -- since it’s so miniscule, that possibly he should be able to get much more than what we’re talking about here. Are we locking ourselves in to just the figure that he asks? Because he may come up with a larger figure, and I don’t know how you would scale that. Mr. Mays: Well, in response, one of the reasons I was inclined to help him is because the miniscule figure seemed to beam the honesty of the complainant. I think we’ve had other folk that wanted money for trees that we fly over property in midair, and we go through hassles about that, in the thousands of dollars, and [inaudible] are we going to condemn over airspace and everything else that we’ve done. So I think they minisculeness [inaudible] But the second thing is this. And I said this earlier to Mr. Wall and Mr. Townsend. If Mr. Townsend can so live with the time to work this out, I don’t have a real problem. But the problem, I think, that also should be considered, is that this isn’t getting started today. We’re about into the fifth and sixth week of where we are with it. It’s miniscule in terms of the amount of money that we do business with. What it can be a maximum to a point of a man operating an independent car wash. We deal with millions of dollars, hundreds of thousands of dollars. And [inaudible] it’s small. But to a point it’s not like where Mr. Wall’s going to [inaudible] do this, if this is money that a person has already missed. I mean, that gets into the legal language as though you play the time game on folks to a point that they just go away. And that’s where I have a difference. You know, if you’re going to wait 2 more weeks, and this folk who got a hundred thousand dollars in the bank, who got a line of credit with their folk. They can go in, and their banker will allow them to do this, and to meet payroll. I mean, that’s the way big folk operate. When you’re talking about a man that’s over there taking most of his business in cash, and ain’t trying to cheat you out of nothing, the longer you keep him away from being able to put his living together and make his business back whole, then the longer you continue to actually do harm to the situation. I think Mr. Wall was conflicted in what he said. In one address, he says he wouldn’t support the motion, but then against he’s basically said that harm has been done because the contractor did not deal with the dust provisions. So I think that’s a conflicting statement within itself, which says two different things. One, that you can. One, that you can’t. And I’m just putting the motion there to give another option. If it fails, then Mr. Wall continues to negotiate. But I just think to a point that the man needs some relief out of there. He’s almost like the bear, with the man up the tree. One of them, but give him some relief. Mr. Mayor: Mr. Shepard? Mr. Shepard: Well, I understand that’s what Jerry Clowers’ approach to a lot of things was, Mr. Mays. He said, shoot up here, someone needs some relief. But I don’t think that we should start picking up the tabs for other people’s torts, other contracts. This is not a contractual issue, as I see it. It’s that the contractor out there has conducted his or her business so as to create a tort relationship against this man, and that means it’s not a wrong that the City caused by its forces. I think if the Public Works Department had been so conducting their business to create this dust, you know, there would be a lot 31 of merit to the position you’re taking. But I think that he needs to have his claim brought against whoever the contractor is out there, because it’s not a matter of contract. It’s a matter of this man, whoever has the contract, resurfacing it, is doing it in such a manner that he’s damaging this gentleman, and he ought to be making his claim against the contractor. I mean, Jim, have I missed something? Mr. Wall: No. Mr. Shepard: And I think that’s -- we can’t really vote this man a remedy, and I guess we could with 6 votes, but I think the problem is that his damages have flowed from the contractor. And the contractor is by definition, I guess, Jim, an independent contractor here? He’s not our [inaudible]. So he’s got a wrong, but he’s before the wrong body. It’s a tort claim. Mr. Mays: The only conversation I had, Steve, and that came up when I spoke with Jim and Mr. Townsend. But there was also one fact in there that you brought up about the contractor that I brought up, and again it gets back to the little man on the totem pole. The little man out there did not hire the contractor to basically cause him this much stress. 6 votes hired the contractor. The contractor works for the City of Augusta, Georgia. He didn’t go out there on his own. He may be independent of our forces, but it is a project we put together. We hired him. He wouldn’t be out there cutting, digging, raising dust, and tearing up the street, unless the City of Augusta contracted him first. And that’s the only point I was trying to make, in that, if you’re send him, and you’re going to send folk out, than to sue these particular contractors, and we got money that we’re holding on him. I think, then, if you get one’s attention by basically saying that if you have a neighborhood, you don’t do it properly, then you pay. Mr. Mayor: Mr. Kuhlke? Mr. KuhlkeI’m going to : [inaudible], I want you to listen to this carefully. introduce a substitute motion that we direct the attorney to see if he can get this worked out by next Monday at the Engineering Services Committee. If he can’t, that Mr. Mays’ motion will prevail. Mr. Mays: I’ll second your motion. Mr. Mayor: Okay. Mr. Kuhlke: It’s just changing the procedure. Mr. Mayor: Let’s go to Mr. Williams, then Mr. Cheek. Mr. Williams: Thank you, Mr. Mayor. Mr. Mayor, I think we probably, we’re probably indebted to Mr. Townsend in more than one way. When he brought this position to the Commission, we had been complaining earlier, but when this really got on the table, someone went to work out there and got some of this road paved and made the 32 situation a lot better. So, in one way, we owe him. Steve mentioned about Mr. Townsend ought to go to the contractor, in reference to take him to court. Well, unlike me and you, Steve, he’s not an attorney, and he probably don’t have that affordability to go into the courtroom like you and I. And, being a small businessman, he’s -- he was lucky even coming in. Let me tell you something. If that had been my business that was being interrupted, and the magnitude that his business was interrupted, and I use his car wash several times myself. But I wouldn’t be asking for just what I lost. I would be doing like everybody else in this town. I’d be adding in all the other factors that you’d be adding in, as well. We sitting down there, we don’t know what’s going on. This man’s talking about peanuts, compared to the money that we spend. I remember, right here in this chamber. We gave $500,000 to a man for a Christmas tree farm, then we gave him the trees on the farm. Now, we’re talking about peanuts. And we need to go on and address this and get this over with. We’ve been spending all this time. I’ll know what y’all are trying to do. I’m going to be here the whole meeting. I’m not going to leave. I know you’re trying to hold me out, but I’m going to be here the whole meeting. So I’m not leaving. Mr. Mayor: Mr. Cheek? Mr. Cheek: Mr. Mayor, we’ve been talking about performance-based contracts for our contractors for, I know, three years, maybe longer. And, to me, performance is both a carrot and a stick. And is there not language in this contract for a material breach of performance, which would be emitting dust or not controlling dust? Mr. Wall: I don’t have the contract, so I’m not sure. Mr. Cheek: I’ll bet you money, and I’m not a gambling man, but I’ll bet there’s 6 votes up here that’s pretty tired of seeing the citizens have to deal with issues that we should protect them with contracts that state that a person will perform their duties in accordance with this contract or be penalized monetarily. And that was my expectation when I started talking about this two and a half years ago, that when people deal with citizens like we have here, businesspeople, and leave their driveways where they can’t get in and out or leave roads in complete disarray, or in some cases in this City, work one project, and then work another one somewhere else, and drag out our projects, that there’s a penalty associated with that, and the best way to hit these people is to put them out of business by not letting them do it with the City or monetarily penalizing them to where this gentleman doesn’t have to go seek an attorney and do other things. But that is one of the things that, if that is not in the language of the contract, and I’ve got people, professionals, who have volunteered to read every dadgum contract we generate, if need be, but that is performance-based contracting. You get rewarded for doing it on time, of significant quality, or ahead of time. You get penalized for this kind of thing. And if we’re having to sit here and debate about this, there apparently is not language in that contract for us to cut this person’s rear end and make them pay for the damage they did. Because I guarantee you there’re streets in Beirut right now, there are streets in Baghdad that look as good as this one did, and they way they’ve left it. And it’s just time out for that. And, again, I hope the staff will take that message back to these contractors, that we 33 don’t expect the sun and the moon, but we do expect them to consider the citizens that they impact when they do this work, and based on the money that they’re getting on these projects, they’re not being underpaid, I’ll tell you. And based on the number of change orders that we get, they’re being well compensated, in a lot of cases. But that’s the kind of performance contract that we need in place. If we don’t have it in place in the future to help us cover situations like this to prevent the problems before they occur. Because if they get the message now, that if they do this kind of shoddy work, that they won’t be back. And a lot of them will straighten up, and those that don’t, we don’t need anyway. Mr. Mayor: Okay. Mr. Beard? Mr. Beard: Thank you, Mr. Mayor. I think the substitute motion is a good one. That’s where I wanted to go before in this, and I just want to say this. I don’t want [inaudible], and my reason for saying this and even speaking before once, I don’t want Mr. Townsend cut short. And I think he is cutting himself short on the amount that he is requesting. I think it’s, it may be an honest one and it may be a fair one, but I think he’s cutting himself short. And I would like to have the people who are going to look into this, to make sure that he is adequately compensated for the time that he lost out there so that he can continue his business. And that’s why I think instead of the first motion, that the substitute motion should be supported at this time. Mr. Mayor: All right, let’s move on with a vote then, if we may, on the substitute motion. All in favor of the motion from Mr. Kuhlke, please vote aye. (Vote on substitute motion) Motion carries 10-0. Mr. Mayor: Since Mr. Kuhlke is on a roll, do you want to take up item 39A, Mr. Kuhlke? (Laughter) Mr. Mayor: We’ll take a five minute recess. [RECESS] 11. Motion to approve retirement of Ms. Norma Rowe under the 1977 Pension Plan. (Approved by Administrative Services Committee March 26, 2003) Mr. Williams: I move for approval. Mr. Cheek: Second. Mr. Beard out. Motion carries 9-0. 34 12. Motion to authorize the Utilities Department to advertise for 2003 new budgeted positions and to approve 2003 position changes. (Approved by Administrative Services Committee March 26, 2003) 31.Motion to authorize the Utilities Department to advertise for 2003 new budgeted positions and to approve 2003 position changes. (Approved by Engineering Services Committee March 24, 2003) Mr. Cheek: I move for approval. Mr. Shepard: Second. Mr. Beard and Mr. Mays out. Motion carries 8-0. 20.Motion to approve additional funding in the amount of $57,970.00 for the demolition of the Piney Grove Elevated Water Storage Tank by Empire Dismantlement Corporation (Approved by Engineering Services Committee March 24, 2003) Mr. Williams: I move for approval. Mr. Bridges: Second. Mr. Colclough abstains. Motion carries 9-1. 28. Motion to approve proposed list of streets for resurfacing by County Forces (CF03A) to be forwarded to Georgia Department of Transportation for approval to utilize asphalt from their asphalt plant located in Augusta-Richmond County. (Approved by Engineering Services Committee March 24, 2003) Mr. Bridges: I move for approval. Mr. Shepard: Second. Motion carries 10-0. 30Motion to approve bid award contract to Blair Construction in the amount of . $54,874.59 subject to the receipt of signed contracts and proper bonds for the paving of 4-H Club Drive. Also approve CPB #324-06-201060011 in the amount of $61,000 with $37,500 to be funded from One Percent Sales Tax Phase IV and $23,500 to be funded from One Percent Sales Tax Phase III Recapture. (Approved by Engineering Services Committee March 24, 2003) Mr. Shepard: I move to approve. 35 Mr. Cheek: Second. Mr. Williams abstains. Motion carries 9-1. ADMINISTRATIVE SERVICES: 33. Motion to reverse the decision of the Historic Preservation Commission 0thereby approving the demolition of the structure, and approve an ordinance providing for the demolition of a certain unsafe and uninhabitable structure in Bethlehem Neighborhood: 1618 Chestnut Street, (District 2, Super District 9) and waive 2nd reading. (Approved by Administrative Services Committee March 12, 2003 and deferred by the Commission to the April 1 meeting) Mr. Williams: I move that we approve the demolition and waive the second reading. Mr. Boyles: Second. Mr. Beard votes No. Motion carries 9-1. 34. Consider a request from the Human Relations Commission regarding a change in its ordinance, Title 1, Chapter 4, Article 9. (Deferred by the Commission to the April 1 meeting) Mr. Colclough: I move to approve. Mr. Beard: Second. Mr. Bridges, Mr. Boyles, Mr. Kuhlke and Mr. Shepard vote No. Motion carries 6-4. FINANCE COMMITTEE: 35. Approve a request from the Richmond County Sheriff’s Office for the purchase of 63 vehicles (listed on enclosure 1-A) at a first year lease cost of $609,765.54. (No recommendation from Finance Committee March 24, 2003) Mr. Colclough: I move to approve. Mr. Shepard: Second. Mr. Williams votes No. Mr. Beard out. Motion carries 8-1. 36 OTHER BUSINESS: 39. Discuss personnel. (Requested by Commissioner Marion Williams) Mr. Kuhlke: I move that we refer to the Administrative Services Committee the consideration of the evaluation process for the Fire Chief and the Deputy Administrators. Mr. Shepard: Second. Motion carries 10-0. Mr. Hankerson: I move that we refer to the Administrative Services Committee consideration of the portion of the Administrator’s contract that directs him to have an annual physical. Mr. Kuhlke: Second. Motion carries 10-0. 39A. Adopt Resolution in support of Representative Sue Burmeister legislation to amend the Act providing for the consolidation of Richmond County and the City of Augusta. (Requested by Commissioner Bill Kuhlke) Mr. Kuhlke: I move for approval. Mr. Shepard: Second. Mr. Williams: I move we receive this as information. Mr. Beard: Second. (Vote on substitute motion) Mr. Boyles, Mr. Bridges, Mr. Cheek, Mr. Kuhlke and Mr. Shepard vote No. Mr. Williams abstains. Motion fails 4-5-1. (Vote on original motion) Mr. Beard, Mr. Colclough and Mr. Hankerson vote No. Mr. Mays and Mr. Williams vote Present. Motion fails 5-3-2. PUBLIC SAFETY: 41. Consider contract award to R.C. Quinn Consulting, Inc in the amount of $27,750 for the preparation of a Flood Hazard Mitigation Plan for Augusta, Ga. Mr. Colclough: I move for approval. 37 Mr. Bridges: Second. Motion carries 10-0. PLANNING: 43. ZA-R-157 – A petition to amend Title 6, Chapter I of the Augusta- Richmond County Code which regulates adult entertainment establishments, and also an amendment to Section 28-C of the Comprehensive Zoning Ordinance for Augusta- Richmond County which regulates the location of adult entertainment establishments (ZA-R-156). (No action vote Commission March 18th meeting- requested by the Attorney). ATTORNEY: 44. Motion to approve Amendment to Augusta-Richmond County Code Title 6, Chapter 1 to provide Adult Entertainment Regulations. (No action vote Commission March 18th meeting). Mr. Kuhlke: I move for approval. Mr. Shepard: Second. Mr. Shepard: I move that we table this until after the legal meeting. Mr. Colclough: Second. (Vote on motion to table) Motion carries 10-0. 46. LEGAL MEETING. ?? Discuss real estate matters. ?? Discuss potential and pending litigation. ?? Discuss Homeland Security Issues. (Requested by Commissioner Shepard) Mr. Colclough: I so move. Mr. Shepard: Second. Motion carries 10-0. [LEGAL MEETING] 47. Motion to approve authorization for the Mayor to execute affidavit of compliance with Georgia's Open Meetings Act. 38 Mr. Mayor: All right we have a quorum present. Call the meeting back to order. The Chair will entertain a motion authorizing the Mayor to execute the affidavit. Mr. Colclough: I so move. Mr. Shepard: Second. Mr. Mayor: Any objection? None heard. All right, Mr. Wall, did we have any items to add and approve to the agenda? Mr. Wall: None to add and approve. We need to go back and take off the table items 43 and 44. PLANNING: 43. ZA-R-157 – A petition to amend Title 6, Chapter I of the Augusta- Richmond County Code which regulates adult entertainment establishments, and also an amendment to Section 28-C of the Comprehensive Zoning Ordinance for Augusta- Richmond County which regulates the location of adult entertainment establishments (ZA-R-156). (No action vote Commission March 18th meeting- requested by the Attorney). ATTORNEY: 44. Motion to approve Amendment to Augusta-Richmond County Code Title 6, Chapter 1 to provide Adult Entertainment Regulations. (No action vote Commission March 18th meeting). Mr. Mayor: The Chair will entertain a motion. Any objection? The items are back off the table and up for discussion. Do we have a motion with respect to items 41 and 42? Mr. Wall: 43 and 44. Mr. Mayor: 43 and 44, I’m sorry. Mr. Shepard: I move that we take this off the table. Mr. Colclough: Second. Mr. Wall: I would ask that there be a substitute motion to approve the revised ordinance that I have here with me on item number 44 and to approve the zoning item in item number 44. 43, excuse me. Mr. Cheek: So move. Mr. Shepard: Second. 39 Mr. Bridges: Is that a waiving of the second? Mr. Wall: And to waive the second reading. Mr. Cheek: That was intended as far as the motion. Mr. Shepard: And the second. Mr. Cheek: And the second. Mr. Mayor: All right, and we have the substitute motion that we do that. All in favor of that substitute motion, please vote aye. (Vote on substitute motion) Mr. Mays, Mr. Kuhlke and Mr. Williams out. Motion carries 7-0. Mr. Mayor: Any other business to come before this body? If not, I declare the meeting adjourned. [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 held on April 1, 2003. ________________________ Clerk of Commission 40