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HomeMy WebLinkAbout01-06-2004 Regular Meeting REGULAR MEETING COMMISSION CHAMBER January 6, 2004 Augusta Richmond County Commission convened immediately following the Inaugural Meeting on Tuesday, January 6, 2004, the Honorable Bob Young, Mayor, presiding. PRESENT: Hons. Hankerson, Boyles, Mays, Grantham, Colclough, Shepard, Cheek, Williams, Smith, members of Augusta Richmond County Commission. Also Present: Jim Wall, Attorney; George Kolb, Administrator; Lena Bonner, Clerk of Commission. Mr. Mayor: If everyone would please take his seat. I apologize for the delay. We do have a quorum present in the chamber and we’ll move ahead with the oath of office ceremony for our Commissioners. We’ll begin our meeting with the invocation from the Rev. Clarence Moore, the pastor of the Good Shepherd Baptist Church. And would you remain standing after the invocation for the Pledge of Allegiance? I’m going to ask Congressman Max Burns, who has joined us today, to lead us in the pledge. Please rise. The Invocation was given by Rev. Clarence Moore. The Pledge of Allegiance was recited. Mr. Mayor: Thank you. Please be seated. The Clerk: Rev. Moore, on behalf of the Augusta Commission [inaudible] very special occasion, we would like to extend our gratitude and thanks for your coming in today [inaudible] and as [inaudible] Chaplain of the Day from the City for your spiritual guidance. Thank you so much. (A round of applause is given.) Mr. Mayor: Madame Clerk, if you will call the sequence in order as published, please. We’ll proceed with the administration of the oath of office. The Clerk: Yes, sir. Oath of office for the Hon. Andy Cheek, Commissioner District 6, will be administered by Hon. David Watkins, Judge, State Court, Augusta Judicial Circuit. Judge Watkins: If you would, please your left hand on the Bible and raise your right hand, please. I -- say your name. -- Mr. Cheek: Andy Cheek. 1 Judge Watkins: -- do swear or affirm that I will truly well discharge the duties of Commissioner for Richmond County and all matters which will require my official action to the best of my knowledge and skill, and I will so act as in my judgment will be most conducive to the welfare and best interests of the county, entire county. I do further solemnly swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of the trust under the government of the United States, any other state, or any foreign state which I am prohibited from holding by the laws of the State of Georgia, and that I am otherwise qualified to hold said office according to the Constitution of the United States and the laws of Georgia, and that I will support the Constitution of the United States and of this State, and finally, I do solemnly swear or affirm I have been a resident of this District for the time required by the Constitution and laws of this State, so help me God. Thank you very much. Congratulations. (A round of applause is given.) Judge Watkins: Ladies and gentlemen, this is the Commissioner for District 6. Please give him a hand. (A round of applause is given.) Mr. Mayor: Thank you, Judge Watkins. The Clerk: Next we will have the oath administered to the Hon. Richard Colclough from District 4, Hon. Marion Williams, Commissioner, District 2. Hon. Duncan Wheale, Judge of Superior Court, Augusta Judicial Circuit. Judge Wheale: If you would, please put your right hand -- excuse me, left hand on the Bible and raise your right hands. Repeat after me. I’m going to make it a little more difficult. I’m going to make you repeat the oath, Richard. I, Richard Colclough -- Mr. Colclough: I, Richard Colclough. Judge Wheale: -- do swear or affirm -- Mr. Colclough: -- do swear or affirm -- Judge Wheale: -- that I will well and truly -- Mr. Colclough: -- I will well and truly -- Judge Wheale: -- discharge the duties of Commissioner -- Mr. Colclough: -- discharge the duties of Commissioner -- Judge Wheale: -- for Richmond County -- 2 Mr. Colclough: -- for Richmond County -- Judge Wheale: -- in all matters -- Mr. Colclough: -- in all matters -- Judge Wheale: -- which require my official action -- Mr. Colclough: -- which require my official action -- Judge Wheale: -- to the best of my knowledge and skill -- Mr. Colclough: -- to the best of my knowledge and skill -- Judge Wheale: -- and I will so act -- Mr. Colclough: -- and I will so act -- Judge Wheale: -- as in my judgment -- Mr. Colclough: -- as in my judgment -- Judge Wheale: -- will be most conducive -- Mr. Colclough: -- will be most conducive -- Judge Wheale: -- to the welfare -- Mr. Colclough: -- to the welfare -- Judge Wheale: -- and best interests -- Mr. Colclough: -- and best interests -- Judge Wheale: -- of the entire county. Mr. Colclough: -- of the entire county. Judge Wheale: I do further solemnly swear or affirm -- Mr. Colclough: I do further solemnly swear or affirm -- Judge Wheale: -- that I am not the holder -- Mr. Colclough: -- that I am not the holder -- 3 Judge Wheale: -- of any unaccounted for -- Mr. Colclough: -- of any unaccounted for -- Judge Wheale: -- public money -- Mr. Colclough: -- public money -- Judge Wheale: -- due this State -- Mr. Colclough: -- due this State -- Judge Wheale: -- or any political subdivision -- Mr. Colclough: -- or any political subdivision -- Judge Wheale: -- or authority thereof -- Mr. Colclough: -- or authority thereof -- Judge Wheale: -- that I am not the holder of -- Mr. Colclough: -- that I am not the holder of -- Judge Wheale: -- any office or trust -- Mr. Colclough: -- any office or trust -- Judge Wheale: -- under the government of the United States -- Mr. Colclough: -- under the government of the United States -- Judge Wheale: -- any other state -- Mr. Colclough: -- any other state -- Judge Wheale: -- or any foreign state -- Mr. Colclough: -- or any foreign state -- Judge Wheale: -- which I am prohibited from holding -- Mr. Colclough: -- which I am prohibited from holding -- Judge Wheale: -- by the laws of the State of Georgia -- 4 Mr. Colclough: -- by the laws of the State of Georgia -- Judge Wheale: -- and that I am -- Mr. Colclough: -- and that I am -- Judge Wheale: -- otherwise qualified -- Mr. Colclough: -- otherwise qualified -- Judge Wheale: -- to hold said office -- Mr. Colclough: -- to hold said office -- Judge Wheale: -- according to the Constitution -- Mr. Colclough: -- according to the Constitution -- Judge Wheale: -- of the United States -- Mr. Colclough: -- of the United States -- Judge Wheale: -- and the laws of Georgia -- Mr. Colclough: -- and the laws of Georgia -- Judge Wheale: -- and that I will support -- Mr. Colclough: -- and that I will support -- Judge Wheale: -- the Constitutions of -- Mr. Colclough: -- the Constitutions of -- Judge Wheale: -- the United States -- Mr. Colclough: -- the United States -- Judge Wheale: -- and of this State. Mr. Colclough: -- and of this State. Judge Wheale: If that is your oath, sir, so help me God. Mr. Colclough: So help me God. 5 (A round of applause is given.) Judge Wheale: That is the oath of the Commissioner and I have a second oath that I must now administer, and this is the loyalty oath. You will again place your left hand on the Bible and raise your right hand. Repeat after me. I, Richard Colclough -- Mr. Colclough: I, Richard Colclough -- Judge Wheale: -- a citizen of Augusta, Georgia -- Mr. Colclough: -- a citizen of Augusta, Georgia -- Judge Wheale: -- and being an employee of -- Mr. Colclough: -- and being an employee of -- Judge Wheale: -- Augusta, Georgia -- Mr. Colclough: -- Augusta, Georgia -- Judge Wheale: -- and the recipient -- Mr. Colclough: -- and the recipient -- Judge Wheale: -- of public funds -- Mr. Colclough: -- of public funds -- Judge Wheale: -- for services rendered -- Mr. Colclough: -- for services rendered -- Judge Wheale: -- as such employee -- Mr. Colclough: -- as such employee -- Judge Wheale: -- do hereby solemnly swear -- Mr. Colclough: -- do hereby solemnly swear -- Judge Wheale: -- that I will support the Constitution -- Mr. Colclough: -- that I will support the Constitution -- Judge Wheale: -- of the United States -- 6 Mr. Colclough: -- of the United States -- Judge Wheale: -- and the Constitution of Georgia. Mr. Colclough: -- and the Constitution of Georgia. Judge Wheale: If that is your oath, say so help me God. Mr. Colclough: So help me God. Judge Wheale: Very good. Congratulations. (A round of applause is given.) Judge Wheale: Mr. Williams, Rev. Williams, if you would, put your left hand on the Bible and raise your right hand and repeat after me. I, Marion F. Williams -- Mr. Williams: I, Marion F. Williams -- Judge Wheale: -- do swear or affirm -- Mr. Williams: -- do swear or affirm -- Judge Wheale: -- that I will -- Mr. Williams: -- that I will -- Judge Wheale: -- well and truly discharge -- Mr. Williams: -- well and truly discharge -- Judge Wheale: -- the duties of Commissioner -- Mr. Williams: -- the duties of Commissioner -- Judge Wheale: -- for Richmond County -- Mr. Williams: -- for Richmond County -- Judge Wheale: -- in all matters -- Mr. Williams: -- in all matters -- Judge Wheale: -- which require my official action -- 7 Mr. Williams: -- which require my official action -- Judge Wheale: -- to the best of my knowledge -- Mr. Williams: -- to the best of my knowledge -- Judge Wheale: -- and skill -- Mr. Williams: -- and skill -- Judge Wheale: -- and I will so act -- Mr. Williams: -- and I will so act -- Judge Wheale: -- as in my judgment -- Mr. Williams: -- as in my judgment -- Judge Wheale: -- will be most conducive -- Mr. Williams: -- will be most conducive -- Judge Wheale: -- to the welfare -- Mr. Williams: -- to the welfare -- Judge Wheale: -- and best interests -- Mr. Williams: -- and best interests -- Judge Wheale: -- of the entire county. Mr. Williams: -- of the entire county. Judge Wheale: I do further solemnly swear -- Mr. Williams: I do further solemnly swear -- Judge Wheale: -- or affirm -- Mr. Williams: -- or affirm -- Judge Wheale: -- that I am not the holder -- Mr. Williams: -- that I am not the holder -- 8 Judge Wheale: -- of any -- Mr. Williams: -- of any -- Judge Wheale: -- unaccounted for public money -- Mr. Williams: -- unaccounted for public money -- Judge Wheale: -- due this State -- Mr. Williams: -- due this State -- Judge Wheale: -- or any political subdivision -- Mr. Williams: -- or any political subdivision -- Judge Wheale: -- or authority thereof -- Mr. Williams: -- or authority thereof -- Judge Wheale: -- that I am not the holder of -- Mr. Williams: -- that I am not the holder of -- Judge Wheale: -- any office or trust -- Mr. Williams: -- any office or trust -- Judge Wheale: -- under the government -- Mr. Williams: -- under the government -- Judge Wheale: -- of the United States -- Mr. Williams: -- of the United States -- Judge Wheale: -- or any other state -- Mr. Williams: -- or any other state -- Judge Wheale: -- or any foreign state -- Mr. Williams: -- or any foreign state -- Judge Wheale: -- which I am prohibited from holding -- 9 Mr. Williams: -- which I am prohibited from holding -- Judge Wheale: -- by the laws of the State of Georgia -- Mr. Williams: -- by the laws of the State of Georgia -- Judge Wheale: -- and that I am otherwise qualified -- Mr. Williams: -- an that I am otherwise qualified -- Judge Wheale: -- to hold said office -- Mr. Williams: -- to hold said office -- Judge Wheale: -- according to the Constitution -- Mr. Williams: -- according to the Constitution -- Judge Wheale: -- of the United States -- Mr. Williams: -- of the United States -- Judge Wheale: -- and the laws of Georgia -- Mr. Williams: -- and the laws of Georgia -- Judge Wheale: -- and that I will support -- Mr. Williams: -- and that I will support -- Judge Wheale: -- the Constitutions of -- Mr. Williams: -- the Constitutions of -- Judge Wheale: -- the United States and this State. Mr. Williams: -- the United States and this State. Judge Wheale: If this is your oath, please say so help me God. Mr. Williams: So help me God. Judge Wheale: Thank you, sir. (A round of applause is given.) 10 Judge Wheale: Now I’m going to administer the loyalty oath. If you would, left hand on the Bible, raise your right hand, repeat after me. I, Marion F. Williams -- Mr. Williams: I, Marion F. Williams -- Judge Wheale: -- a citizen of Augusta, Georgia -- Mr. Williams: -- a citizen of Augusta, Georgia -- Judge Wheale: -- and being an employee of -- Mr. Williams: -- and being an employee of -- Judge Wheale: -- Augusta, Georgia -- Mr. Williams: -- Augusta, Georgia -- Judge Wheale: -- and a recipient of public funds -- Mr. Williams: -- and a recipient of public funds -- Judge Wheale: -- for services rendered -- Mr. Williams: -- for services rendered -- Judge Wheale: -- as such employee -- Mr. Williams: -- as such employee -- Judge Wheale: -- do hereby solemnly swear -- Mr. Williams: -- do hereby solemnly swear -- Judge Wheale: -- and affirm -- Mr. Williams: -- and affirm -- Judge Wheale: -- that I will support -- Mr. Williams: -- that I will support -- Judge Wheale: -- the Constitution of -- Mr. Williams: -- the Constitution of -- Judge Wheale: -- the United States and the Constitution of Georgia. 11 Mr. Williams: -- the United States and the Constitution of Georgia. Judge Wheale: If this is your oath, say so help me God. Mr. Williams: So help me God. Judge Wheale: Very good. Thank you, sir. (A round of applause is given.) Judge Wheale: Ladies and gentlemen, I’d like to present to you [inaudible]. (A round of applause is given.) The Clerk: Now we will have the Hon. Jimmy Smith, Commissioner-Elect, District 8, Hon. Neal W. Dickert, Judge of Superior Court, Augusta Judicial Circuit. Judge Dickert: I assume by now you have this memorized, Mr. Smith. (Laughter) Judge Dickert: Raise your right hand, please. And repeat after me. I, Jimmy Smith --- Mr. Smith: I, Jimmy Smith -- Judge Dickert: -- do swear or affirm -- Mr. Smith: -- do swear or affirm -- Judge Dickert: -- that I will well and truly -- Mr. Smith: -- that I will well and truly -- Judge Dickert: -- discharge the duties of Commissioner -- Mr. Smith: -- discharge the duties of Commissioner -- Judge Dickert: -- for Richmond County -- Mr. Smith: -- for Richmond County -- Judge Dickert: -- in all matters which require my official action -- Mr. Smith: -- in all matters which require my official action -- 12 Judge Dickert: -- to the best of my knowledge and skill -- Mr. Smith: -- to the best of my knowledge and skill -- Judge Dickert: -- and I will so act -- Mr. Smith: -- and I will so act -- Judge Dickert: -- as in my judgment -- Mr. Smith: -- as in my judgment -- Judge Dickert: -- will be most conducive -- Mr. Smith: -- will be most conducive -- Judge Dickert: -- to the welfare and best interests -- Mr. Smith: -- to the welfare and best interests -- Judge Dickert: -- of the entire County. Mr. Smith: -- of the entire County. Judge Dickert: I do further solemnly swear or affirm -- Mr. Smith: I do further solemnly swear or affirm -- Judge Dickert: -- that I am not the holder -- Mr. Smith: -- that I am not the holder -- Judge Dickert: -- of any unaccounted for public money -- Mr. Smith: -- of any unaccounted for public money -- Judge Dickert: -- due this State -- Mr. Smith: -- due this State -- Judge Dickert: -- or any political subdivision -- Mr. Smith: -- or any political subdivision -- Judge Dickert: -- or authority thereof -- 13 Mr. Smith: -- or authority thereof -- Judge Dickert: -- that I am not the holder of any office -- Mr. Smith: -- that I am not the holder of any office -- Judge Dickert: -- or trust -- Mr. Smith: -- or trust -- Judge Dickert: -- under the government of the United States -- Mr. Smith: -- under the government of the United States -- Judge Dickert: -- any other state -- Mr. Smith: -- any other state -- Judge Dickert: -- or any foreign state -- Mr. Smith: -- or any foreign state -- Judge Dickert: -- which I am prohibited from holding -- Mr. Smith: -- which I am prohibited from holding -- Judge Dickert: -- by the laws of the State of Georgia -- Mr. Smith: -- by the laws of the State of Georgia -- Judge Dickert: -- and that I am otherwise qualified -- Mr. Smith: -- and that I am otherwise qualified -- Judge Dickert: -- to hold said office -- Mr. Smith: -- to hold said office -- Judge Dickert: -- according to the Constitution of the United States -- Mr. Smith: -- according to the Constitution of the United States -- Judge Dickert: -- and the laws of Georgia -- Mr. Smith: -- and the laws of Georgia -- 14 Judge Dickert: -- and that I will support the Constitutions -- Mr. Smith: -- and that I will support the Constitutions --- Judge Dickert: -- of the United States and of this State. Mr. Smith: -- of the United States and of this State. Judge Dickert: I further affirm -- Mr. Smith: I further affirm -- Judge Dickert: -- that I have been a resident -- Mr. Smith: -- that I have been a resident -- Judge Dickert: -- of the district -- Mr. Smith: -- of the district -- Judge Dickert: -- for the time required by the Constitution -- Mr. Smith: -- for the time required by the Constitution -- Judge Dickert: -- and the laws of this State. Mr. Smith: -- and the laws of this State. Judge Dickert: So help me God. Mr. Smith: So help me God. Judge Dickert: Congratulations. (A round of applause is given.) Judge Dickert: One more. Raise your right hand for the loyalty oath, please sir. I, Jimmy Smith -- Mr. Smith: I, Jimmy Smith -- Judge Dickert: -- a citizen of Augusta, Georgia -- Mr. Smith: -- a citizen of Augusta, Georgia -- 15 Judge Dickert: -- and being an employee now of Augusta, Georgia -- Mr. Smith: -- and being an employee now of Augusta, Georgia -- Judge Dickert: -- and the recipient of public funds -- Mr. Smith: -- and the recipient of public funds -- Judge Dickert: -- for services rendered as such employee -- Mr. Smith: -- for services rendered as such employee -- Judge Dickert: -- do hereby solemnly swear -- Mr. Smith: -- do hereby solemnly swear -- Judge Dickert: -- and affirm -- Mr. Smith: -- and affirm -- Judge Dickert: -- that I will support -- Mr. Smith: -- that I will support -- Judge Dickert: -- the Constitution of the United States -- Mr. Smith: -- the Constitution of the United States -- Judge Dickert: -- and the Constitution of Georgia. Mr. Smith: -- and the Constitution of Georgia. Judge Dickert: Again, so help me God. Mr. Smith: So help me God. (A round of applause is given.) Judge Dickert: Ladies and gentlemen, I present to you Commissioner Jimmy th Smith, 8 District. (A round of applause is given.) The Clerk: The Hon. Don Grantham, Commissioner-Elect, Super District 10, Hon. J. Carlisle Overstreet, Judge of Superior Court, Augusta Judicial Circuit. 16 Mr. Grantham: Mr. Kuhlke, [inaudible] come back. (Laughter) Judge Overstreet: I, Don A. Grantham -- Mr. Grantham: I, Don A. Grantham -- Judge Overstreet: -- do swear -- Mr. Grantham: -- do swear -- Judge Overstreet: -- that I will well and truly -- Mr. Grantham: -- that I will well and truly -- Judge Overstreet: -- discharge the duties -- Mr. Grantham: -- discharge the duties -- Judge Overstreet: -- of Commissioner for Richmond County -- Mr. Grantham: -- of Commissioner for Richmond County -- Judge Overstreet: -- in all matters -- Mr. Grantham: -- in all matters -- Judge Overstreet: -- that require my official action -- Mr. Grantham: -- that require my official action -- Judge Overstreet: -- to the best of my knowledge -- Mr. Grantham: -- to the best of my knowledge -- Judge Overstreet: -- and skill -- Mr. Grantham: -- and skill -- Judge Overstreet: -- and I will so act -- Mr. Grantham: -- and I will so act -- Judge Overstreet: -- and in my judgment -- 17 Mr. Grantham: -- and in my judgment -- Judge Overstreet: -- [inaudible] Mr. Grantham: -- [inaudible] Judge Overstreet: -- to the welfare -- Mr. Grantham: -- to the welfare -- Judge Overstreet: -- and best interests -- Mr. Grantham: and best interests -- Judge Overstreet: -- of this entire County. Mr. Grantham: -- of this entire County. Judge Overstreet: I do further solemnly swear -- Mr. Grantham: I do further solemnly swear -- Judge Overstreet: -- that I am not the holder -- Mr. Grantham: -- that I am not the holder -- Judge Overstreet: -- of any unaccounted for public money -- Mr. Grantham: -- of any unaccounted for public money -- Judge Overstreet: -- due this State -- Mr. Grantham: -- due this State -- Judge Overstreet: -- or any political subdivision -- Mr. Grantham: -- or any political subdivision -- Judge Overstreet: -- or authority thereof -- Mr. Grantham: -- or authority thereof -- Judge Overstreet: -- and I am not the holder -- Mr. Grantham: -- and I am not the holder -- 18 Judge Overstreet: -- of any office -- Mr. Grantham: -- of any office -- Judge Overstreet: -- of trust -- Mr. Grantham: -- of trust -- Judge Overstreet: -- under the government of the United States -- Mr. Grantham: -- under the government of the United States -- Judge Overstreet: -- any other State -- Mr. Grantham: -- any other State -- Judge Overstreet: -- or any foreign state -- Mr. Grantham: -- or any foreign state -- Judge Overstreet: -- which I am prohibited -- Mr. Grantham: -- which I am prohibited -- Judge Overstreet: -- from holding -- Mr. Grantham: -- from holding -- Judge Overstreet: -- by the laws of the State of Georgia -- Mr. Grantham: -- by the laws of the State of Georgia -- Judge Overstreet: -- and that I am otherwise qualified -- Mr. Grantham: -- and that I am otherwise qualified -- Judge Overstreet: -- to hold said office -- Mr. Grantham: -- to hold said office -- Judge Overstreet: -- according to the Constitution of the United States -- Mr. Grantham: -- according to the Constitution of the United States -- Judge Overstreet: -- and the laws of Georgia -- 19 Mr. Grantham: -- and the laws of Georgia -- Judge Overstreet: -- and that I will support -- Mr. Grantham: -- and that I will support -- Judge Overstreet: -- the Constitution of the United States -- Mr. Grantham: -- the Constitution of the United States -- Judge Overstreet: -- and this great State of Georgia. Mr. Grantham: -- and this great State of Georgia. Judge Overstreet: So help me God. Mr. Grantham: So help me God. Judge Overstreet: Now I will give you the loyalty oath. If you will raise your right hand again. I, Don A. Grantham -- Mr. Grantham: I, Don A. Grantham -- Judge Overstreet: -- a citizen of Augusta, Georgia -- Mr. Grantham: -- a citizen of Augusta, Georgia -- Judge Overstreet: -- and being an employee of Augusta, Georgia -- Mr. Grantham: -- and being an employee of Augusta, Georgia -- Judge Overstreet: -- and recipient of public funds -- Mr. Grantham: -- and recipient of public funds -- Judge Overstreet: -- for the services rendered -- Mr. Grantham: -- for the services rendered -- Judge Overstreet: -- as such employee -- Mr. Grantham: -- as such employee -- Judge Overstreet: -- do hereby solemnly swear -- Mr. Grantham: -- do hereby solemnly swear -- 20 Judge Overstreet: -- and affirm -- Mr. Grantham: -- and affirm -- Judge Overstreet: -- that I will support the Constitution of the United States -- Mr. Grantham: -- that I will support the Constitution of the United States -- Judge Overstreet: -- and the Constitution of the great State of Georgia. Mr. Grantham: -- and the Constitution of the great State of Georgia. Judge Overstreet: So help me God. Mr. Grantham: So help me God. (A round of applause is given.) Judge Overstreet: Ladies and gentlemen, I present Commissioner Don Grantham. (A round of applause is given.) Mr. Mayor: Judges, thank you for joining us today and officiating at the appropriate ceremonies. What we’d like to do now is give each one of our returning Commissioners and new Commissioners an opportunity to make any remarks that they see fit. I’ll just go down the order that they appear on the agenda for today. Commissioner Cheek? Mr. Cheek: Thank you, Mr. Mayor. I just want to say I thank God for the opportunity to serve the people of this City for an additional four years. And I’d like to take this opportunity to pledge a level of performance hopefully exceeding the last four years and working to provide goods and services and improvements to our government for the people of this City, that we will leave it better for the coming generations than we found it, and that Augusta might at some point become that shining city on the hill that the rest of Georgia and the Southeast looks to. And I believe that’s accomplished, can be accomplished by uniting this City, by working together as a team, School Board, Commission, Mayor, and all the citizens of this area. And I pledge to do all that I can to help accomplish those ends these coming four years. Again, thank you to the citizens of th the 6 District for this opportunity to serve, and to God Almighty who gave me the opportunity to city in this seat. (A round of applause is given.) Mr. Mayor: Commissioner Colclough? 21 Mr. Colclough: I, like Andy, would like to make a pledge and I would like to thank all the citizens of District 4 for allowing me to come back for a second term. And I pledge to them and to the rest of the people of this City that I’m going to do my best to provide the level of services that I can give to you over the next four years. Thank you. (A round of applause is given.) Mr. Mayor: Mr. Williams? Mr. Williams: Thank you, Mr. Mayor. Like Commissioner Cheek said earlier, I truly thank God for this opportunity to be able to serve. This is a serving position and one that does not believe that would be in for a surprise, but I do thank the voters in District 2 who found it in their hearts to vote for me for a second term for four more years. I pledge that I do all that I can to not just to bring this City up to another level, but to, to make this City the city that it should be and that’s the second-largest city in the state of Georgia in all facets of life. I believe in giving people choices. I believe in being fair. I believe in being held accountable. And I just thank God for the opportunity to serve, Mr. Mayor, and I pray that not just this year but the next four years continue to be profitable for Augusta and that we be coming together more and more and be the strong city that we should be. (A round of applause is given.) Mr. Mayor: Commissioner Smith? Mr. Smith: Thank you, Mayor Young. I’d like to thank my family who went above and beyond the call of duty, my steering committee, all of the people in District 8 that worked so hard for me, and Mr. Buchwitz, Mr. Rhodes, and Ms. Brown, my opponents, I would like them to know that I’ll be their Commissioner, and I’ll be the Commissioner for all the people that voted for them as well, as all the people in Richmond County. Thank you. (A round of applause is given.) Mr. Mayor: Commissioner Grantham? Mr. Grantham: Thank you, Mr. Mayor. I want to thank my wife and family and the support that was given to me. But I guess I need to go back and thank my parents for bringing me up and raising me here in Augusta, Georgia. And I appreciate the opportunity to serve this County once again, this City. I promise to give to you in the th 10 District and the entire community the best leadership that I have, the leadership that you deserve, and to serve with these gentlemen and hopefully future ladies on this board, to the best of my ability. Thank you very much. (A round of applause is given.) 22 Mr. Mayor: Congratulations to all of our Commissioners who have jointed the panel today and those who will stay on for four more years. We’re going to take a recess so that those who need to can leave and then we’ll reconvene our meeting and take up the business of the day. We stand in recess. (Recess) Mr. Mayor: We’ll call the meeting back to order and we had an extended a recess, hoping that by taking a little time on the front end we can save a lot of time on the back end today and all get out of here at a decent hour. Before we move into the agenda for the regular meeting, I would ask, I would like to ask the indulgence of everyone in this chamber for a moment of silence to represent two City employees who have recently passed. Deputy Kenneth Burton and Albert Robertson, Jr. Mr. Robertson for the landfill with Public Works and we lost both of these valued employees in the past week and we would like to honor their memory and their service to this City with a moment of silence, if you’ll please join me. (Silence) Mr. Mayor: Amen. The Chair would also like to acknowledge the presence of a couple of people in the chamber who are not strangers to this chamber. Our former Mayor, Ed McIntyre, is with us today. Mr. McIntyre, welcome to chambers. (A round of applause is given.) Mr. Mayor: And former City Commissioner Rob Zetterburg is with us today. Rob, welcome. (A round of applause is given.) Mr. Mayor: And we -- is Freddie here? Oh, I’m sorry. I couldn’t see you. He was down on the end. Former Commissioner Freddie Handy is with us today, too. (A round of applause is given.) Mr. Mayor: And from the County School Board, Jeff Padgett is with us today. Jeff, always a pleasure to have you with us. And Rep. Quincy Murphey is with us in the chamber today. Representative, welcome. (A round of applause is given.) Mr. Mayor: And former City Councilwoman -- and that goes way back -- Margaret Armstrong. And we’re glad to have you with us today. (A round of applause is given.) 23 Mr. Mayor: We have a number of Commissioners and Authority members and other folks who are with us, so let me just say welcome to each and every one of you to our first meeting of this new year. Madame Clerk, we’ll proceed now with the agenda, and we’ll begin with our resolution of condolence. The Clerk: RESOLUTION: Naming the Commission Chamber (Requested by Mayor Young) Lee Beard Commission Chamber The Clerk: Whereas, Lee Beard, affectionately known by his Commission colleagues as The Iceman for his quiet and [inaudible] spirit was born on November 6, 1935, in Appling, Georgia, and Whereas, Commissioner Beard worked in the Richmond County School System for 34 years, as a teacher, counselor and principal at Floyd Graham, A. C. Gregg Elementary Schools, Lucy C. Laney and Blakely High Schools, Sand Bar Ferry Junior High, Florida A&M University, T. W. Josey High School, Weed Elementary, and East Augusta Middle School, and Whereas, Commissioner Beard was elected to the City Council of Augusta in 1993 and the Augusta Commission in 1995, where he served as Mayor Pro Tem, Chairman of the Public Safety Committee, and at the time of his death, Chairman of the Administrative Services Committee, and Whereas, Commissioner Beard was a member of several civic organizations and the Good Shepherd Baptist Church, where he received numerous humanitarian honors and awards for his tireless work to improve the living conditions for all citizens of Augusta, and Whereas, Commissioner Beard’s soft spoken, hard working ways will be sorely missed by all of us who knew him and loved him, and Whereas, the members of the Augusta Commission were deeply saddened to learn of the untimely passing of Commissioner Beard, and Whereas, Commissioner Beard spent the majority of his life as a public servant and statesman, serving the people of Augusta, the State of Georgia, and our country, and Whereas, the family, the friends, constituents, and colleagues of Commissioner Beard, who some called a man of courage and strength, which was exemplified through his leadership, may always remember and never, ever forget his love, his concern, and commitment for each of them, and he shall forever live in their hearts, and Be it resolved, that with our sincere care and concern, that we, the Augusta Commission of Richmond County, Georgia, send these humble words expressing our heartfelt sympathy. May you find comfort in knowing that others care and share your loss. Be it further resolved, that a copy of this resolution be forwarded to the friends and family of Commissioner Lee Beard. In the year of our Lord 2004. The Clerk: Ms. Beard? 24 (A round of applause is given.) Ms. Beard: I would now like to ask someone else to come forward. Margaret Beard. Margaret, you were like a mother to Lee, and both of us loved him, and because of that, I would like for you to have this. (A round of applause is given.) Mr. Mayor: We have had many moments of remembrance and moments of reflection on the service of Commissioner Beard over the last several days since his unexpected passing. Lee contributed enormously to this consolidated government, and prior to that to the City Council of Augusta. He spent many years in this chamber in seats where these Commissioners sit today, addressing the issues and the concerns of people just like you sitting in the seats in the gallery here today. And because of that service and the fact that Mr. Beard’s untimely passing came as he was a sitting member of this body, I would ask the Commission to consider naming this chamber in honor of Commissioner Beard. Let it be a testament to his work on behalf of the people of this community and let it be an inspiration for all those who follow him in public service to conduct the people’s business in this chamber. Mr. Shepard: So move. Mr. Cheek: Second. Mr. Mayor: We have a motion and a second. Any discussion? Mr. Mays? Mr. Mays: Yes, Mr. Mayor. Mr. Mayor, let me say this, as I guess part of the discussion, as a matter of personal privilege. Many times we talk about having a vote or not having a vote in the position of Mayor, but I think probably what’s more important sometimes is whether or not that person truly has courage to do certain things. I think that you should be applauded today for the leadership that you have provided, particularly in terms of this naming. This was on the agenda prior to not -- prior to knowing whether or not you gentlemen were going to do this unanimously or not, and I assume that you are -- but the Mayor already had this in place, put it down, took the leadership, and had the courage to announce it publicly that this was what he wanted to do. And I thank you personally as one of Lee’s many friends for doing that and providing that type of leadership at this time. I don’t know whether or not with this particular motion is it time for an amendment to it or do we, will we handle -- Mr. Mayor: You have an addendum to the agenda and I was going to take it up immediately after we dispose of this motion. Mr. Mays: Thank you. Mr. Mayor: If that’s appropriate and you’re agreeable to that. 25 Mr. Mays: I appreciate that so very much. Mr. Cheek: Mr. Mayor? Mr. Mayor: Anything further? Mr. Cheek? Mr. Cheek: Mr. Mayor, I just wanted to say a couple of words here on this. As we name this chamber after Commissioner Beard, one of the things I note most about the past four years is the bond of brotherhood and the heartfelt concern that we share amongst ourselves, though we disagree. Lee was a person who worked through issues, worked with people, who genuinely cared, and has always given more than he’s ever taken from this City. I would hope that as we name this chamber that between all of us and all of us sitting here that we can take a message out to the City that we may not look alike, but we have the same interests at heart, and that as a living testimony to the man who had so much courage and strength that I’ll never forget, that we carry that message forward to the rest of this community that we’re all different, we look different, but we’re all Augustans, and let the legacy of Lee Beard be that he was instrumental in bringing this City together, and let us be messengers to take that to the people. Mr. Mayor: Is there anything further? We have a motion that’s been duly seconded. All in favor of the motion then please vote in the affirmative. All while you’re voting, let me recognize the presence in our chamber today of our Sheriff. I didn’t want to overlook the Sheriff. Glad to have you. Welcome. Mr. Colclough: I think the Mayor deserves a hand. (A round of applause is given.) Motion carries 9-0. Mr. Mayor: Thank you, Mr. Colclough. Madame Clerk, we have had a proposal for an addendum to the agenda. The Clerk: Yes, sir. Mr. Mayor: At this time, if you would read that and then we’ll see if there’s any objection. The Clerk: ADDENDUM AGENDA: 1. Resolution to approve the appointment of Mrs. Betty Beard to the District 1 Commission seat to fill the unexpired term of Commissioner Lee Beard. Mr. Shepard: I move to add and approve, Mr. Mayor. 26 Mr. Colclough: Second. Mr. Mayor: Motion to add and approve. It’s been seconded. Is there any discussion? All in favor of the motion then please vote in the affirmative. Motion carries 9-0. (A round of applause is given.) Mr. Mayor: Betty, we’re happy to have you here. Congratulate your service as the first female of this board. (A round of applause is given.) Mr. Mayor: If you would, please, if you would join Judge Wheale, you cannot begin service until you take the oath. (Laughter) Mr. Mayor: So if you would come over and take the oath, please, and maybe there’s a family member who would like to stand with you. (A round of applause is given.) Ms. Beard: It’s a lot of us. Judge Wheale: I’d like to note that Superior Court Judges usually aren’t told what to do. I was told to stay. (Laughter) Judge Wheale: It’s my privilege to administer this oath. I’m going to administer two oaths. If you would, repeat after me. I, Betty Beard -- Ms. Beard: I, Betty Beard -- Judge Wheale: I know you heard it -- I, Betty Beard -- Ms. Beard: I, Betty Beard -- Judge Wheale: -- do swear or affirm -- Ms. Beard: -- do swear or affirm -- Judge Wheale: -- that I will well and truly -- 27 Ms. Beard: -- that I will well and truly -- Judge Wheale: -- discharge the duties -- Ms. Beard: -- discharge the duties -- Judge Wheale: -- of Commissioner for Richmond County -- Ms. Beard: -- of Commissioner for Richmond County -- Judge Wheale: -- in all matters -- Ms. Beard: -- in all matters -- Judge Wheale: -- which require my official action -- Ms. Beard: -- which require my official action -- Judge Wheale: -- to the best of my -- Ms. Beard: -- to the best of my -- Judge Wheale: -- knowledge and skill -- Ms. Beard: -- knowledge and skill -- Judge Wheale: -- and I will so act -- Ms. Beard: -- and I will so act -- Judge Wheale: -- as in my judgment -- Ms. Beard: -- as in my judgment -- Judge Wheale: -- will be most conducive -- Ms. Beard: -- will be most conducive -- Judge Wheale: -- to the welfare -- Ms. Beard: -- to the welfare -- Judge Wheale: -- and best interests -- Ms. Beard: -- and best interests -- 28 Judge Wheale: -- of the entire County. Ms. Beard: -- of the entire County. Judge Wheale: I do further solemnly swear -- Ms. Beard: I do further solemnly swear --- Judge Wheale: -- that I am not the holder -- Ms. Beard: -- that I am no the holder -- Judge Wheale: -- of any unaccounted -- Ms. Beard: -- of any unaccounted -- Judge Wheale: -- for public money -- Ms. Beard: -- for public money -- Judge Wheale: -- due this State -- Ms. Beard: -- due this State -- Judge Wheale: -- or any political subdivision -- Ms. Beard: -- or any political subdivision -- Judge Wheale: -- or authority thereof -- Ms. Beard: -- or authority thereof -- Judge Wheale: -- that I am not -- Ms. Beard: -- that I am not -- Judge Wheale: -- the holder of -- Ms. Beard: -- the holder of -- Judge Wheale: -- any office of -- Ms. Beard: -- any office of -- Judge Wheale: -- trust under the government -- 29 Ms. Beard: -- trust under the government -- Judge Wheale: -- of the United States -- Ms. Beard: -- of the United States -- Judge Wheale: -- any other state -- Ms. Beard: -- any other state -- Judge Wheale: -- or any foreign state -- Ms. Beard: -- or any foreign state -- Judge Wheale: -- which I am prohibited -- Ms. Beard: -- which I am prohibited -- Judge Wheale: -- from holding -- Ms. Beard: -- from holding -- Judge Wheale: -- by the laws -- Ms. Beard: -- by the laws -- Judge Wheale: -- of the State of Georgia -- Ms. Beard: -- of the State of Georgia -- Judge Wheale: -- and that I am otherwise -- Ms. Beard: -- and that I am otherwise --- Judge Wheale: -- qualified -- Ms. Beard: -- qualified -- Judge Wheale: -- to hold said office -- Ms. Beard: -- to hold said office -- Judge Wheale: -- according to the Constitution -- Ms. Beard: -- according to the Constitution -- 30 Judge Wheale: -- of the United States -- Ms. Beard: -- of the United States -- Judge Wheale: -- and laws of Georgia -- Ms. Beard: -- and laws of Georgia -- Judge Wheale: -- and that I will -- Ms. Beard: -- and that I will -- Judge Wheale: -- support -- Ms. Beard: -- support -- Judge Wheale: -- the Constitutions of -- Ms. Beard: -- the Constitutions of -- Judge Wheale: -- the United States -- Ms. Beard: -- the United States -- Judge Wheale: -- and of this State. Ms. Beard: -- and of this State. Judge Wheale: If that is your oath, say so help me God. Ms. Beard: So help me God. Judge Wheale: Thank you. (A round of applause is given.) Judge Wheale: One other, the loyalty oath that I must administer. I, Betty Beard -- Ms. Beard: I, Betty Beard -- Judge Wheale: -- a citizen of -- Ms. Beard: -- a citizen of -- 31 Judge Wheale: -- Augusta, Georgia -- Ms. Beard: -- Augusta, Georgia -- Judge Wheale: -- and being -- Ms. Beard: -- and being -- Judge Wheale: -- an employee of -- Ms. Beard: -- an employee of -- Judge Wheale: -- Augusta, Georgia -- Ms. Beard: -- Augusta, Georgia -- Judge Wheale: -- and the recipient of -- Ms. Beard: -- and the recipient of -- Judge Wheale: -- public funds -- Ms. Beard: -- public funds -- Judge Wheale: -- for services rendered -- Ms. Beard: -- for services rendered -- Judge Wheale: -- as such employee -- Ms. Beard: -- as such employee -- Judge Wheale: -- do hereby solemnly -- Ms. Beard: -- do hereby solemnly -- Judge Wheale: -- swear and affirm -- Ms. Beard: -- swear and affirm -- Judge Wheale: -- that I will support -- Ms. Beard: -- that I will support -- Judge Wheale: -- the Constitution of -- 32 Ms. Beard: -- the Constitution of -- Judge Wheale: -- the United States -- Ms. Beard: -- the United States -- Judge Wheale: -- and the Constitution of Georgia. Ms. Beard: -- and the Constitution of Georgia. Judge Wheale: If that is your oath, say so help me God. Ms. Beard: So help me God. (A round of applause is given.) Mr. Mayor: We need you up here, Ms. Beard. (Laughter) Mr. Mayor: Lena? Ms. Bonner? Do we have an agenda book for Ms. Beard? The Clerk: Yes, sir. Mr. Mayor: Ms. Beard, we’re getting you your own book. It’s on the way. Ms. Beard: Thank you. Mr. Cheek: Just what you needed, more paperwork. Ms. Beard: This is an honor. I know Lee is looking down and he can’t believe it. The Clerk: SPECIAL PRESENTATION: Mr. James B. Wall, Attorney (A round of applause is given.) The Clerk: The Mayor and the members of the Augusta Commission at this time would like to salute and sincerely thank Mr. James B. Wall, Esquire, for his outstanding dedication and service as County Attorney for Richmond County Board of Commissioners, November 16, 1993 through December 31, 1995, the Augusta Commission, January 1, 1996 through December 31, 2003. Presented by the Augusta Commission, January 6, 2004. 33 (A round of applause is given.) Mr. Wall: If you will indulge me for just a moment. Commissioners and department heads, newly-elected Commissioners, I have enjoyed working with you. The challenge of consolidation is something that was truly intriguing, was a legal challenge, and required a great deal of time and effort. But it was something that I thought was worthwhile, it’s something that I enjoyed doing, and I appreciate the opportunity that those of you who were on the Commission at that time afforded me by appointing me as the attorney for the consolidated government immediately following consolidation, and I wish each of you the best individually, and I wish you the best collectively as a Commission as you move this City forward. Thank you. (A round of applause is given.) Mr. Mayor: Thank you, Mr. Wall. We certainly appreciate the loyal and dedicated and faithful service that you provided the citizens of Richmond County in advising and in many cases defending the City government. We’re going to miss your service, but we’re not ready to let you go yet, because we haven’t appointed your successor. So just like Judge Wheale, stick around. (Laughter) Mr. Mayor: We need you. All right, the next item of business on our agenda is the election of our Mayor Pro Tem for 2004. ELECTION OF OFFICERS: Mayor Pro Tempore for 2004 Mr. Mayor: I will open the floor now for nominations. Mr. Boyles: Mr. Mayor? Mr. Mayor: Mr. Boyles? th Mr. Boyles: I would like to nominate the Commissioner from the 5 Commission District, Rev. Bobby Hankerson. Mr. Mayor: Okay. Mr. Hankerson. Mr. Cheek? nd Mr. Cheek: Mr. Mayor, I’d like to nominate the Commissioner from the 2 Commission District, Commissioner Marion Williams. Mr. Mayor: Okay. Commissioner Williams. Mr. Grantham: I move the nominations be closed. 34 Mr. Mayor: Motion that the nominations be closed. Is there any opposition to closing the nominations? All right, we’ll move ahead with the election of the Mayor Pro Tem and we’ll vote on the candidates in the order they’re nominated, which is the tradition. All in favor of Commissioner Hankerson for Mayor Pro Tem, please vote in the affirmative. (Vote for Mr. Hankerson) Mr. Cheek votes No. Mr. Williams, Mrs. Beard, Mr. Colclough and Mr. Mays abstain. Motion fails 5-1-4. Mr. Mayor: Now we’ll move on to Mr. Williams. All in favor of Mr. Williams as Mayor Pro Tem, please vote in the affirmative. (Vote for Mr. Williams) Mr. Shepard, Mr. Smith and Mr. Grantham vote No. Mr. Boyles and Mr. Hankerson abstain. Motion fails 5-3-2. Mr. Williams: Mr. Mayor? Mr. Mayor: All right, we don’t have an elected Mayor Pro Tem from that round of voting, so we will open the floor for nominations. Mr. Williams: Mr. Mayor? Mr. Mayor: Mr. Williams? Mr. Williams: Mr. Mayor, I’d like to nominate Commissioner Mays from the Super District. Mr. Mayor: All right, Mr. Mays is nominated. Mr. Shepard, did you have your hand up? Mr. Shepard: I did, but the nomination was made. Mr. Grantham: Mr. Mayor, I’d like to nominate Mr. Bobby Hankerson. Mr. Mayor: Mr. Hankerson has been nominated. Okay. Anything further? Do we have a motion the nominations be closed? Mr. Shepard: So move. Mr. Mayor: All right, nominations are closed. Any objection? None heard, so we’ll proceed with the next round of voting. And we’ll vote again in the order of the 35 nominations. First up is Mr. Mays. All in favor of Mr. Mays for Mayor Pro Tem, please vote in the affirmative. (Vote for Mr. Mays) Mr. Smith votes No. Mr. Grantham, Mr. Boyles and Mr. Hankerson abstain. Motion carries 6-1-3. Mr. Boyles: Mr. Mayor? Mr. Mayor: The Chair declares Mr. Mays elected as Mayor Pro Tem. Mr. Boyles: Mr. Mayor? Mr. Mayor: Yes, Mr. Boyles? Mr. Boyles: If I may, may I move to make the election unanimous? Mr. Mayor: You certainly may. Is there a second? Mr. Hankerson: I second. Mr. Mayor: Thank you, Mr. Hankerson. Motion made to make the election of the Mayor Pro Tem unanimous. All in favor of that motion, please vote in the affirmative. Motion carries 10-0. Mr. Mayor: The vote to make it unanimous is unanimous. (A round of applause is given.) Mr. Mayor: At this time, the Commission will take a brief recess. Under the law creating this body the Mayor and the Mayor Pro Tem consult on the assignment of standing committees, and Mr. Mays and I will retire to the Mayor’s office to do that now. (Recess) Mr. Mayor: Consistent with the law that established the consolidated government, the Mayor Pro Tem and I have consulted on the committee assignments for the Commissioners for the coming calendar year. And we have presented that list to the Commission. Madame Clerk, I would ask you to read the list, if you would, into the record, and then we’ll proceed from there. The Clerk: Augusta Richmond County Commission, 2004-2006 Standing Committees, Mayor Bob Young, Mayor; Willie H. Mays, Mayor Pro Tem. 36 APPOINTMENTS: A. Assignment of Standing Committees 2004-2006. ?? Administrative Services Committee - Bobby Hankerson, Chairman; Don Grantham, Co-Chairman; Andy Cheek; Willie Mays ?? Public Safety/IT Committee - Marion Williams, Chairman; Steve Shepard, Co-Chairman; Betty Beard; Tommy Boyles ?? Engineering Services Committee - Andy Cheek, Chairman; Willie Mays, Co-Chairman; Richard Colclough;, Jimmy Smith ?? Public Services Committee - Richard Colclough, Chairman; Jimmy Smith, Co-Chairman; Steve Shepard; Bobby Hankerson ?? Finance Committee - Tommy Boyles, Chairman; Betty Beard, Co- Chairman; Don Grantham; Marion Williams Mr. Mayor: We are further instructed by the Act to bring this forward for confirmation by the Commission, and so this is our recommendation to the body today. Mr. Cheek? Mr. Cheek: Mr. Mayor, I really like the slate and everything. I do have one complaint, however. We on Engineering Services have enjoyed many a five, six, and seven o’clock evening due to the nature of our committee being pushed back due to the length of other committees, through no fault of our own generally. And I humbly and respectfully request that Engineering Services be moved up on the schedule to somewhere around 12:30 or one o’clock to enable our members to get home some days before six or seven o’clock. Mr. Mayor: Let me just state for the record today we’re approving the committee membership, not the committee meeting schedule, and I would, I would recommend that the five committee chairmen confer on meeting times. If you’d like to make some changes -- Mr. Cheek: I plan on talking about that often and many times. Mr. Mayor: Please, please do. Okay. Are there -- we need a motion. Mr. Cheek: So move. Mr. Williams: Second. Mr. Mayor: Motion and second. Any discussion? All in favor -- Mr. Mays: Yes, Mr. Mayor? Mr. Mayor: Yes, Mr. Mays? 37 Mr. Mays: Let me say this for the record. Since the Mayor and I were back there for a long time and in reference to what the Bill says, we want to make sure that to the general public, that they understand that because you ended up today with a Mayor Pro Tem being elected that was maybe not expecting to be elected, that we needed to get our committees together. So we had no harsh words, no differences, no seriousness. It was a matter of trying to balance these committees and to put them together and to come out so that everybody could have an interest in committee where they needed to be, that every District in this City would have representation, and that we would have balance in there. So we want to clear that up and make sure that that time frame was because nothing was prepared, nothing was there ahead of time, and done, so that’s why we were doing that. Mr. Mayor: And that’s a first, too. (Laughter) Mr. Mayor: All in favor of the committee appointments, please vote in the affirmative. Motion carries 10-0. B. Assignment of Ex-Officio members to various ARC Boards Commissions and Authorities ?? Richmond County Board of Health ?? Augusta Aviation Commission-Bush Field ?? Greater Augusta Arts Council ?? ARC Planning Commission ?? ARC Library Board ?? General Aviation Commission -Daniel Field Airport ?? Richmond County Board of Education ?? Family Connection ?? Richmond County Hospital Authority ?? 9-1-1 Committee Mr. Mayor: Mr. Mays, you had a motion with respect to the appointments to the boards and commissions? Mr. Mays: Yes, Mr. Mayor. I definitely want to stay physically sound and last throughout this day and I would like to hear from the members of this Commission in terms of the individual boards and appointments which most of the time only contain one member. Everybody cannot go everywhere, but I think that’s a decision that can wait until two weeks from now so that we can have the proper input from each of you. And I expect to hear from you, as well as, Mr. Cheek, I will take under advisement from each of those chairpersons as to how we, we set that timetable, particularly because the Mayor Pro Tem still sits on Engineering Services, and I know what it’s like to leave here at 38 I’ll make the motion that we do those committees, Mr. night. So I’ll accept that, but Mayor, at the next regularly-scheduled Commission meeting. Mr. Mayor: Is there a second to deferring this item? Mr. Cheek: Second. Mr. Mayor: Okay. Madame Clerk, if you’ll clear the board. All in favor of deferring the item B under the appointments, please vote in the affirmative. Motion carries 10-0. Mr. Mayor: Thank you. That brings us to item C under appointments, and that is the appointment of our legal counsel for 2004. C. Appointment of Legal Counsel for 2004. Mr. Boyles: Mr. Mayor? Mr. Mayor: Mr. Boyles? Mr. Boyles: I would like to nominate from our own Board of Commissioners the Hon. Steve Shepard and accept his proposal that he has submitted to us for legal services for Augusta Richmond County. Mr. Mayor: Is there a second to that? Mr. Grantham: Second, Mr. Mayor. Mr. Mayor: We have a second from Mr. Grantham. Any discussion? Mr. Williams? Mr. Williams: Yes, sir, Mr. Mayor. Steve and I been practicing on the side for a few years now and I do believe he is a good attorney. But I’m a little concerned that we asked for RFP’s, we asked to go out and get other input from other, other attorneys that may be interested in this position. And that’s not saying I’m not in support, but I think we need to be fair when we talking about a position or a job that’s going to be to this magnitude. We have had input from other interested attorneys and interested firms, and if I must say so, one was even less than what Commissioner Shepard had proposed. So I think what I’m saying, Mr. Mayor, that we need to at least sit back and look at, at least evaluate what was sent in, before we just accept that one. And, and, and, and, and this not an argument against this, this fine firm or this fine attorney, but to be fair, and this government has been talking about being fair and being ethical with everybody. We’ve got other firms who done put in applications and submitted quotes who had been – I won’t say substantial, but at least less than what we got here. So Mr. Mayor, I’d like to make a substitute motion that we at least defer from this until we at least have two weeks 39 to look at what’s been proposed to us. We have not met, we have not discussed, we have not talked, not even a, a, a contract of what we have with Commissioner Shepard. If, you know, if he’s elected. You mentioned earlier, Mr. Mayor, about the charter and what the charter says about the committees and how we supposed to put these committees together and how we supposed to come in. The charter also have laid out some guidelines to, for our legal department as to what we supposed to do, and if, if we going indulge in this, at least I need to know what, what, you know, what, what rules we playing under. I mean what guidelines are we playing up under before I take a vote, Mr. Mayor. Mr. Mayor: Mr. Williams, I’m going to rule your motion out of order, because the law clearly states that we have to appoint our legal counsel at the first meeting -- Mr. Williams: Okay, Mr. Mayor – Mr. Mayor – of the year, so we can’t defer it two weeks. We have to do it at this meeting. So the motion is not in order. Mr. Williams: Mr. Mayor, okay, my motion may not be in order, but now we, this is nothing new here. We did not in 1999, we did not approve Mr. Wall at the first meeting. We have staff on board, if you really want to get technical, Mr. Mayor, we’ve got two attorneys Mr. Wall hired. For the two weeks’ period, we will be with legal representation. Now I mean, it – and I think you want to do what’s right, Mr. Mayor, I think you want to be fair, so we need to look at this very closely now before we – you talking about six figure salary here, income here, that we going to give out to a certain attorney, whether it be Steve or anybody else. I think we need to be very mindful of how we do that. That’s nothing to play with. That’s something serious. So my motion may be out of order, but that’s not the first time that we have done this, and I think if you want to be fair, Mr. Mayor, you be more cautious in trying to make sure that we look at every aspect, to give those people that already turn in a resume, an application, or whatever th they have. We said in this chamber that we have them come back in before the 20 of nd December or 22 of December, I believe it was, to give us time to look at them. I have not seen them. We have not talked about them. And this is not against Shepard’s firm. This is about what is right. I think he’s a good attorney. And I think he probably will end up with the position. But I at least like to be able to look at the competitors and see what they offer as well. Now you talking about six figures. I don’t think the Justice Department even smile on a six figure position like this, Mr. Mayor, without even consulting [inaudible]. That’s the same old thing we been doing. And I can’t support that. Mr. Mayor: All right, thank you, Mr. Williams. Yes, Mr. Hankerson? Mr. Hankerson: I’ve just got a question on the motion. Are we, are we – is the motion and second to accept the firm as the letters of interest that we did receive? Is that, is that clear? Mr. Mayor: Yes. 40 Mr. Hankerson: I have the letter of interest from [inaudible]. Mr. Mayor: To accept the proposal as presented. Mr. Hankerson: As presented? Okay. Mr. Mayor: Is there any further discussion? All right, we have a motion on the floor to appoint Mr. Shepard as our legal counsel. All in favor of that motion – Mr. Mays: Mr. Mayor? Mr. Mayor: As you were. Mr. Mays? Mr. Mays: Let me, let me say this, because we’re getting ready to take a vote in terms of probably the first change that we’ve had in legal representation for a long time. And I didn’t say anything when Mr. Wall received his plaque. I’ve said some things quite jokingly for a period of time in reference to Jim and to Jim’s leaving. I’m tempted to vote against the motion because I still would probably at least like to fight with Jim once a month anyway. So that battle will end, and I intended to bring a pair of boxing gloves from [inaudible] that I was going to present to Jim as a going-away present in terms of this. But we’ve got a lot that’s going to be on our plate as a City government this year. I’ll say this because it was something that I have not said publicly, said it privately, and probably had a discussion when we were at, at one of our membership association trips back even before Jim formally announced that he was going to leave back when it was a rumor. And I came back and I wanted to make sure that Jim, whether he got the Judgeship or not, whether Jim Wall was preparing to leave City government, and also privately, which I can say now that Jim has said he would leave, that he wanted to go to private practice. I knew that we were going to have to deal with a lot of crucial issues at this time and I asked Steve at that time that I thought he needed to probably actively seek this source of employment. Partially because sales tax challenge, other bond issue challenges we would have to do. There would be no strangers in the legal room from the standpoint of what we were going to have to work with. And I think that this is a [inaudible] appointment, I think it’s a lot of challenges [inaudible] motion has been [inaudible]. There are some things, obviously, that a new person wants to do differently. And to deal with it. That’s no reflection of saying something was bad with the person we had. There will probably be days that – and we work together now, and it was Lee, Steve and myself – we probably worked together longer than any of the persons here – that there will be days probably when Steve and I might want to box. But the point being, there will be issues about government. And I think right now that we’ve got a decision that we, we need to make. Now we, we advertised, we had a closing date for those resumes. We’ve also had committee meetings since that date. There has been an opportunity not for the new people, but at least for those of us who have been here to examine, read and go over those resumes. And to deal with this issue. Now we can, we can do the postponement. But I think to a point that some things that the general public is expecting of all of us at this point, the Mayor and this Commission, that we need to, when 41 we can, make some decisions that actually are unified and move this City forward. That still does not take away the fact of the democratic process, does not take away the fact that we will disagree. But I think if we can, we need to try and move forward. And I didn’t make the motion that’s been motioned and seconded by other parties, but I will say yes, early on, that I encouraged him to seek that office. And did not need to broadcast that fact to do it. And I think we need to at least move on something. If we want to deal without [inaudible] obviously there’s a lot in a year he’s going to have to deal with or whoever gets selected have to deal with. But it’s on a one-year contract. But if the current attorney we’ve got wants to go [inaudible] find a way to make you stay and work for nothing – (Laughter) Mr. Mays: -- [inaudible] but I think it’s at a point that we need to do something in terms of a decision. There’s a lot that we got on this plate, and two weeks from now, to a point of what we deal with – if something is going to change that, I’m willing to hear that part of it. But if it’s not, then I think we need to move ahead with what we’re going to do. Mr. Mayor: Anything further? Mr. Williams: Mr. Mayor? Mr. Mayor: Yes, Mr. Williams, for rebuttal? Mr. Williams: Yes, sir, I just need to know for some clarification as to are we voting on the attorney as the charter has indicated we should do? We have not done for at least the four years that I’ve been here. Are we just voting on this firm to take the place of Mr. Wall’s firm in the same capacity that it was, on a hourly rate as, as, you know – we was told by Mr. Wall, and Jim, you might need to correct me there, we fulfilled the charter by hiring the two staff people that we, we, we got. And if that’s the case, how can we be without legal attorney representation if we done that? Mr. Wall: Mr. Mayor, if I can respond? Mr. Mayor: Go ahead, Mr. Wall. Mr. Wall: The charter carried forward the local acts that were applicable to both Richmond County and the City of Augusta until they were otherwise repealed. And that left in place the local act that created the position of the county attorney. And that was originally enacted, well, the most recent amendment was 1974, and it continues to be applicable and it says that the Commission shall have the authority to elect an attorney who is licensed is such and whose duty it shall be to advise and represent the board of Commissioners in all legal matters pertaining to the discharge of their official duties and to represent the interests of the county, as said board of Commissioners should deem as [inaudible]. The term of office for said attorney shall be for one year and he shall be 42 elected by the board at its regular meeting in January of each year. And it goes on. And that is the provision that I have been elected as county attorney each year since 1996, and that is the applicable provision that stays and remains in effect. It has not been revealed. The charter for Augusta simply says that they shall create a law department, to employ one of more full time attorneys, etc. And so it does not repeal or do away with the provision that says that there shall be a county attorney elected by the Commission at the first regular meeting in January. Mr. Williams: And what you’re saying is, Jim, since we hired the two people that we’ve got, we fulfilling the charter behind a, a law person or persons is more than one? Mr. Wall: That’s correct. Mr. Williams: And the Mayor stated that we would be without legal, without legal advisory if we did not do this today. I mean how can that be true? How can that be effective? Mr. Mayor: I didn’t say that, Mr. Williams. Mr. Williams: I’m sorry, Mr. Mayor, I don’t want to quote you wrong. I don’t want you to [inaudible] Mr. Mayor: The law [inaudible] attorney [inaudible]. Mr. Williams: Okay, well, I’m just trying to get some clarification, Mr. Mayor. Mr. Mayor: I didn’t say anything about being without legal representation. Mr. Williams: Okay. And, and, and that was my question. If we have legal representation with the two attorneys we’ve got, why not, why are we not able to at least wait two weeks to do what we about to do today and be able to consider everybody? If, if the law department should be assembled, and it has been, and we done hired two attorneys, that’s on staff, I don’t see the problem with waiting to look at the other applications and consider other, other proposals that’s been to this government. That just, that just my opinion, Mr. Mayor. I don’t have any other thing to say. I just think that we are about to make a serious mistake and we need to look at it very carefully. Mr. Mayor: Thank you, Mr. Williams. All right, we’ll go ahead and proceed with the vote until there’s anything further. Mr. Grantham: Call the question. Mr. Mayor: The question has been called by Mr. Grantham. The Chair will rule there has been adequate debate on the motion to retain Mr. Shepard’s firm at the rate schedule submitted with his proposal. All in favor of that motion, please vote in the affirmative. 43 Mr. Williams, Mr. Shepard and Mr. Colclough abstain. Motion carries 7-3. Mr. Mayor: Mr. Shepard, congratulations. Mr. Shepard: Thank you. (A round of applause is given.) Mr. Mayor: Mr. Wall, don’t you go anywhere yet. (Laughter) Mr. Shepard: I asked the Mayor if I would be permitted to make a few remarks. My returning Commissioners and newly-elected Commissioners have been given that privilege, and he said yes, but remember the rules and keep it short. So first of all, I want to thank the good Lord for the opportunity to continue in public service. I want to thank my family, represented here by my wife, Kathy, and my daughter, Mallory. And my law partners, who are also here, Andy Tisdale and Todd Beaudreau, who are part of the firm. rd And I want to thank the community, particularly the 3 District who has seen fit to send me down here and then re-elect me. And I’ve served six years and I’m not going away, obviously, I’m just making a lateral move to this position as attorney. And I want to thank the entire community for the vote today, because I wouldn’t be making this move without the support of this board. So I thank all of the board for the confidence that you have shown in me to make this position, and I certainly will pledge to you the highest qualify of legal representation, continuing in the tradition that Mr. Wall has established, the high standard, big shoes to fill. I’m very aware of that and I’m actively seeking to do that. If, you know, when lawyers speak, they always like to have the closing argument, and I know Mr. Andy Tisdale and I were trying a case here recently and we were at the closing argument. And so I looked at Andy and said what’s the theme of the closing argument? And he looked back at me and I told him in one word what I thought the closing argument should be. And so I have one word that I have for today – and that’s if it’s anything that we’ve shown in these votes, and I think there’s one more vote we need to take, anything we’ve shown in these series of votes today, that that means partnership. And I hope that we will continue in partnership across this City. That’s what we really need. And to move this City forward. From this board to all the citizens of this community, we need to remain in partnership to move this Commission forward. (A round of applause is given.) Mr. Shepard: That having been said, Madame Clerk, I’m gong to tender my letter accepting the position and resigning my position as Commissioner. And Ms. Betty, I think that’s probably the briefest I’ve ever served with anybody. (Laughter) 44 Mr. Shepard: But I’m not leaving you. But I’m going to symbolize the acceptance of this job, I’m going to come down from the dais now and I will be the lawyer. We’ll be the partnership of Mays, Williams and Shepard, we’ll continue. (Laughter) Mr. Shepard: Mr. Williams, I don’t get unanimous consent at my house, at my law firm, and up here, so I’m used to that. (Laughter) Mr. Shepard: So I take your comments in that spirit. I appreciate it. Mr. Mayor: You going to take your law book? Mr. Shepard: Yeah, I’m going to have to have a lot of law books because I don’t have Mr. Wall’s experience. Mr. Mayor: All right. Mr. Shepard: I think I will, I think I will make him stay with us, like you say, gratis. Mr. Mayor: Thank you, Steve, and we look forward to working with you in your The Chair will new role. We’ve got a couple of procedural things we need to do. accept a motion to accept Mr. Shepard’s resignation. Mr. Williams: So move. Mr. Grantham: Second. Mr. Mayor: Motion. It’s been seconded. Any comments? Mr. Cheek: Just a question. Mr. Mayor: Mr. Cheek? Mr. Cheek: Mr. Mayor, Commissioner Shepard mentioned this as a lateral move. Does that mean that the rest of the Commission is going to be paid the same as – (Laughter) Mr. Shepard: Everybody with a law degree. (Laughter) 45 Mr. Mayor: All right, motion and second to accept his resignation. All in favor, please vote in the affirmative. Motion carries 10-0. Mr. Mayor: Madame Clerk, there’s been one addendum submitted to the agenda, if you would read that item, please. rd The Clerk: Appoint Ms. Barbara Sims Commissioner from the 3 District to serve upon the resignation of the incumbent Commissioner, Steve Shepard. Mr. Grantham: I move to add and approve. Mr. Cheek: Second. Mr. Mayor: We have a motion to add and approve. That’s been seconded. Any discussion? We told Judge Wheale not to go far. (Laughter) Mr. Mayor: And he did good. All in favor of the motion then for the appointment of Barbara Sims to the City Commission please vote in the affirmative. Motion carries 10-0. Mr. Mayor: There we go. We’ve got two women in one day. (A round of applause is given.) Mr. Mayor: Barbara, congratulations. If you’ll just, if you’ll – Barbara, if you’ll join Judge Wheale, he’s going to give you your oath of office. Judge Wheale: Repeat after me. I, Barbara Sims --- Ms. Sims: I, Barbara Sims – Judge Wheale: -- do swear or affirm – Ms. Sims: -- do swear or affirm – Judge Wheale: -- that I will well and truly – Ms. Sims: -- that I will well and truly – Judge Wheale: -- discharge the duties – 46 Ms. Sims: -- discharge the duties – Judge Wheale: -- of Commissioner for Richmond County – Ms. Sims: -- of Commissioner for Richmond County – Judge Wheale: -- in all matters –- Ms. Sims: -- in all matters – Judge Wheale: -- which require my official action – Ms. Sims: -- which require my official action – Judge Wheale: -- to the best of my knowledge – Ms. Sims: -- to the best of my knowledge – Judge Wheale: -- and skill – Ms. Sims: -- and skill – Judge Wheale: -- and I will so act – Ms. Sims: -- and I will so act – Judge Wheale: -- as in my judgment – Ms. Sims: -- as in my judgment – Judge Wheale: -- will be most conducive – Ms. Sims: -- will be most conducive – Judge Wheale: -- to the welfare – Ms. Sims: -- to the welfare --- Judge Wheale: -- and best interests – Ms. Sims: -- and best interests --- Judge Wheale: -- of the entire County. Ms. Sims: -- of the entire County. 47 Judge Wheale: I do further solemnly swear – Ms. Sims: I do further solemnly swear – Judge Wheale: -- or affirm – Ms. Sims: -- or affirm – Judge Wheale: -- that I will not, excuse me, that I am not – Ms. Sims: -- that I am not – Judge Wheale: -- the holder of— Ms. Sims: -- the holder of –- Judge Wheale: -- any unaccounted – Ms. Sims: -- any unaccounted – Judge Wheale: -- for public money – Ms. Sims: -- for public money – Judge Wheale: -- due this State – Ms. Sims: -- due this State --- Judge Wheale: -- or any political subdivision – Ms. Sims: -- or any political subdivision – Judge Wheale: -- or authority thereof – Ms. Sims: -- or authority thereof – Judge Wheale: -- that I am not – Ms. Sims: -- that I am not – Judge Wheale: -- the holder of – Ms. Sims: -- the holder of – Judge Wheale: -- any office – 48 Ms. Sims: -- any office – Judge Wheale: -- of trust – Ms. Sims: -- of trust – Judge Wheale: -- under the government – Ms. Sims: -- under the government – Judge Wheale: -- of the United States – Ms. Sims: -- of the United States – Judge Wheale: -- any other state – Ms. Sims: -- any other state – Judge Wheale: -- or any foreign state – Ms. Sims: -- or any foreign state – Judge Wheale: -- which I am prohibited – Ms. Sims: -- which I am prohibited – Judge Wheale: -- from holding – Ms. Sims: -- from holding – Judge Wheale: -- by the laws of the State of Georgia – Ms. Sims: -- by the laws of the State of Georgia – Judge Wheale: -- and that I am otherwise – Ms. Sims: -- and that I am otherwise – Judge Wheale: -- qualified to hold – Ms. Sims: -- qualified to hold – Judge Wheale: -- said office – Ms. Sims: -- said office – 49 Judge Wheale: -- according to the Constitution – Ms. Sims: -- according to the Constitution – Judge Wheale: -- of the United States – Ms. Sims: -- of the United States – Judge Wheale: -- and the laws of Georgia – Ms. Sims: -- and the laws of Georgia – Judge Wheale: -- and that I will support – Ms. Sims: -- and that I will support – Judge Wheale: -- the Constitutions of – Ms. Sims: -- the Constitutions of – Judge Wheale: -- the United States – Ms. Sims: -- the United States – Judge Wheale: -- and of this State. Ms. Sims: -- and of this State. Judge Wheale: If this is your oath, say so help me God. Ms. Sims: So help me God. (A round of applause is given.) Judge Wheale: Now that you’re a Commissioner, I need to administer the loyalty oath. I, Barbara Sims – Ms. Sims: I, Barbara Sims – Judge Wheale: -- a citizen of – Ms. Sims: -- a citizen of – Judge Wheale: -- Augusta, Georgia – 50 Ms. Sims: -- Augusta, Georgia – Judge Wheale: -- and being an employee of – Ms. Sims: -- and being an employee of – Judge Wheale: -- Augusta, Georgia – Ms. Sims: -- Augusta, Georgia – Judge Wheale: -- and the recipient of – Ms. Sims: -- and the recipient of – Judge Wheale: -- public funds – Ms. Sims: -- public funds – Judge Wheale: -- for services rendered – Ms. Sims: -- for services rendered – Judge Wheale: -- as such employee – Ms. Sims: -- as such employee – Judge Wheale: -- do hereby – Ms. Sims: -- do hereby – Judge Wheale: -- solemnly swear – Ms. Sims: - solemnly swear – Judge Wheale: -- and affirm – Ms. Sims: -- and affirm – Judge Wheale: -- that I will support – Ms. Sims: -- that I support – Judge Wheale: -- the Constitution of – Ms. Sims: -- the Constitution of – 51 Judge Wheale: -- the United States – Ms. Sims: -- the United States – Judge Wheale: -- and the Constitution of Georgia. Ms. Sims: -- and the Constitution of Georgia. Judge Wheale: If this is your oath, say so help me God. Ms. Sims: So help me God. (A round of applause is given.) Mr. Mayor: Lena, do we have another agenda book? Ms. Beard will show you how to use the voting box. She’s a veteran now. (Laughter) Mr. Mayor: Okay. All right, we have – Mr. Grantham: [inaudible] Mr. Mayor: In anticipation of this appointment, in anticipation of this appointment, the Mayor Pro Tem and I have conferred on committee assignments for Commissioner Sims and we have agreed that she would fill the assignments that have been given to Commissioner Shepard – Co-Chairman of Public Safety and a member of Public Services -- and we would like the Commission to confirm those appointments, so she has committee meetings to go to Monday. Mr. Grantham: I so move. Mr. Cheek: Second. Mr. Mayor: Any discussion? All in favor them please vote in the affirmative. Motion carries 10-0. Mr. Mayor: This has been an historic day in these chambers, and I don’t know what we can do for the rest of the afternoon to top it. I want to congratulate all the new Commissioners, the Commissioners who were reelected and those who continue to serve, and as Mr. Shepard indicated earlier we’ve had some wonderful partnerships and coalitions built today as we move through this part of the meeting, and let’s hope we can move through the rest of the meeting in the same spirit today. I’d like to recognize a couple of people who are with here today. Rev. Daniel is here, the father of our second previous county attorney. We’re glad to have you with us, Rev. Daniel. Thanks so much 52 for being here. We’ve got Judge Annis with us here today, Sen. Randy Hall is in the chamber with us today, and we’ve got the – talk about a spirit of cooperation – we’ve got the Chairmen of the Republican and the Democratic parties here with today, Lowell Greenbaum and Dave Barbee. So it’s been quite a day for visitors and we appreciate your coming and encourage you to come back often. Madame Clerk, we will move ahead now with the consent agenda. The Clerk: The consent agenda consists of items 1 through 25, items 1 through 25. For the benefit of any objectors to our alcohol petitions, when the petitions are read, if there are any objectors would you please signify your objection by raising your hand. PUBLIC SERVICES: 2. Motion to approve a request by Stephen W. Fortunato for a Sunday Sales license to be used in connection with S. E. Wings Two, LLC, d/b/a Wingstop located at 2803 Wrightsboro Road, Suite 31. District 3. Super District 10. (Approved by Public Services Committee December 29, 2003) 3. Motion to approve a request by Niranjana Patel for a retail package Beer & Wine license to be used in connection with SHREE MAA, Inc. d/b/a Discount Food & Beverage located at 1342 Gordon Hwy. District 1. Super District 9. (Approved by Public Services Committee December 29, 2003) 4. Motion to approve a request by Richard H. Crawford, Jr. for a retail package Beer & Wine license to be used in connection with Eckerd Drug Corporation d/b/a Eckerd Drugs #6613 located at 3650 Wheeler Rd. District 3. Super District 10. (Approved by Public Services Committee December 29, 2003) 5. Motion to approve a request by Rodell Gordon III for a retail package Liquor, Beer & Wine license to be used in connection with S. Q. Fine Spirits located at 2803 Wrightsboro Road, Suite 35. District 3. Super District 10. (Approved by Public Services Committee December 29, 2003) 6. Motion to approve a request by Michael Strauss for an on premise consumption Liquor, Beer & Wine license to be used in connection with Tony Roma’s America’s Rib Grill located at 203 Robert C. Daniel Parkway. There will be Sunday sales. District 3. Super District 10. (Approved by Public Services Committee December 29, 2003) 7. Motion to approve a request by Gregory L. Kent for a retail package Liquor, Beer & Wine license to be used in connection with Stevens Creek Wine & Spirits located at 1061 Stevens Creek Road. District 7. Super District 10. (Approved by Public Services Committee December 29, 2003) 8. Motion to approve an Ordinance providing for a license to “Eating Establishments” and “Inns” Holding Licenses for the sale of alcoholic beverages to sell same on the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament. (Approved by Public Services Committee December 29, 2003) The Clerk: Are there any objectors to those alcohol petitions and ordinance? 53 Mr. Mayor: Mr. Wall, with respect to item – excuse me, Mr. Shepard, with respect to item number 8, would we want to waive the second reading on that today? Mr. Shepard: If it would be the pleasure of the body. Mr. Mayor: All right. That was would – Mr. Shepard: If you want to do that. Mr. Cheek: Move to waive the second reading, Mr. Mayor. Mr. Grantham: Second. Mr. Mayor: if there’s no objection, we’ll just include that in the caption as we approve the motion for the consent agenda, then to waive the second reading on it. All right, gentlemen, what’s your pleasure with respect to the consent agenda? Mr. Cheek: Move to approve. Mr. Colclough: Second. Mr. Mayor: We have a motion to approve and a second. Are there any items you’d like to pull from the consent agenda? The Chair would like to pull item number 15 for limited discussion. Mr. Kolb? Mr. Kolb: Mr. Mayor, if I may. On item number 24, the Engineering Services Committee, in their deliberations, approved an amendment to the amount of the contract, the amount of dollars for the contract, from $11,090 to $22,215. Mr. Mayor: So noted. Would anyone like to pull any other items? Mr. Williams? Mr. Williams: Yes, sir. I missed something the Administrator said. On item 24, George, could you repeat that again for me? Mr. Kolb: In the Engineering Services Committee, there was an amendment to the amount of the contract, from $11,090, which is published, to $22,215. Mr. Mayor: Anybody desire to pull any other items? Yes, Mr. Smith? Mr. Smith: 21. Mr. Mayor: Pull number 21. Okay. Anyone else? PUBLIC SERVICES: 54 1. Motion to accept bid proposal from Johnson Controls, Inc. for the Terminal Security Improvement Project at Augusta Regional Airport, Bid Item #03-148. (Approved by Public Services Committee December 29, 2003) 2. Motion to approve a request by Stephen W. Fortunato for a Sunday Sales license to be used in connection with S. E. Wings Two, LLC, d/b/a Wingstop located at 2803 Wrightsboro Road, Suite 31. District 3. Super District 10. (Approved by Public Services Committee December 29, 2003) 3. Motion to approve a request by Niranjana Patel for a retail package Beer & Wine license to be used in connection with SHREE MAA, Inc. d/b/a Discount Food & Beverage located at 1342 Gordon Hwy. District 1. Super District 9. (Approved by Public Services Committee December 29, 2003) 4. Motion to approve a request by Richard H. Crawford, Jr. for a retail package Beer & Wine license to be used in connection with Eckerd Drug Corporation d/b/a Eckerd Drugs #6613 located at 3650 Wheeler Rd. District 3. Super District 10. (Approved by Public Services Committee December 29, 2003) 5. Motion to approve a request by Rodell Gordon III for a retail package Liquor, Beer & Wine license to be used in connection with S. Q. Fine Spirits located at 2803 Wrightsboro Road, Suite 35. District 3. Super District 10. (Approved by Public Services Committee December 29, 2003) 6. Motion to approve a request by Michael Strauss for an on premise consumption Liquor, Beer & Wine license to be used in connection with Tony Roma’s America’s Rib Grill located at 203 Robert C. Daniel Parkway. There will be Sunday sales. District 3. Super District 10. (Approved by Public Services Committee December 29, 2003) 7. Motion to approve a request by Gregory L. Kent for a retail package Liquor, Beer & Wine license to be used in connection with Stevens Creek Wine & Spirits located at 1061 Stevens Creek Road. District 7. Super District 10. (Approved by Public Services Committee December 29, 2003) 8. Motion to approve an Ordinance providing for a license to “Eating Establishments” and “Inns” Holding Licenses for the sale of alcoholic beverages to sell same on the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament. (Approved by Public Services Committee December 29, 2003) 9. Motion to approve the dedication of $20,000 of FY 2003 budgeted to the Operating Agreement with the Augusta Museum of Natural History. (Approved by Public Services Committee December 29, 2003) PUBLIC SAFETY: 10. Motion to approve holding a Public Hearing to receive public input on the disposition of Historic Fire Station #7 structure. (Approved by Public Safety Committee December 29, 2003) 11. Motion to approve the emergency purchase of a Roof Top Heating Unit for the Coroner’s Office from Gold Mech Inc., Augusta, Ga. (Approved by Public Safety Committee December 29, 2003) FINANCE: 55 12. Motion to approve the abatement of 2002 tax balance (Map 134-2, Parcel 99). (Approved by Finance Committee December 29, 2003) 13. Motion to approve the extension of buyout lease for existing Caterpillar D6MLGP Tracked Dozer for Public Works Department – Landfill Division from Yancy Brothers of Augusta, Georgia for $3,105.24 per month for 24 months. (Approved by Finance Committee December 29, 2003) 14. Motion to approve the extension one temporary mobile home inspector for six months (January 1 – June 30, 2004). (Approved by Finance Committee December 29, 2003) 15. Deleted from the consent agenda. 16. Motion to deny the abatement of penalties and interest on Sandbar Manor for 1997 and 1998 taxes. (Approved by Finance Committee December 29, 2003) 17. Motion to approve the expenses incurred by the Georgia State Department of Revenue Performance Review Team in connection with the performance review of the ARC Tax Assessor’s Office(Approved by Finance Committee December 29, 2003) ENGINEERING SERVICES: 18. Motion to approve execution of Georgia Power Company’s Governmental th Encroachment Agreement No. 31081 (Augusta 15 Street – W. Augusta 115 KV Transmission Line). (Approved by Engineering Services Committee December 29, 2003) 19. Motion to authorize the naming of the New Surface Water Treatment Plant on Tobacco Rd. (Approved by Engineering Services Committee December 29, 2003) 20. Motion to approve the purchase of 14.17 acres on Rocky Creek for the Greenspace Program. (Approved by Engineering Services Committee December 29, 2003) 21. Deleted from the consent agenda. 22. Motion to authorize Public Works and Engineering – Solid Waste Division to enter a contract with BMS Enterprises for environmental consulting, which will facilitate accurate and timely reporting to the regulatory agencies. (Approved by Engineering Services Committee December 29, 2003) 23. Motion to approve the Capital Project Budget Change Number Two (CPB# 323-04-201823161) adding $209,000 for utility relocations and contingency on the SR 56 at New Goshen Road/Goshen Industrial Project to be funded from One Percent Sales Tax Phase III, Recapture. (Approved by Engineering Services Committee December 29, 2003) 24. Motion to approve the bid award of Bid # 03-149 to Winter Construction Company, Inc. in the amount of $11,090 for services in conjunction with underground storage tank site assessments and development of corrective action plans. (Approved by Engineering Services Committee December 29, 2003) 25. Motion to authorize Public Works and Engineering – Solid Waste Division to hire a dedicated Accountant I allowing for improved financial controls and accountability. (Approved by Engineering Services Committee December 29, 2003) 56 Mr. Mayor: We have a motion to approve the consent agenda, minus items 15 and 21. If no further discussion, we’ll go ahead and vote. All in favor of the motion then please vote aye. Mr. Smith and Mr. Colclough vote No on Sunday sales portion. Motion carries 10-0. [Items 6 and 8] Motion carries 10-0. [Items 1-5, 7, 9-14, 16-20, 22-25] Mr. Smith: Lena, would you put in there that my objection is to the Sunday sales of alcohol? Mr. Colclough: Mr. Mayor, also let it be known – Mr. Shepard: Do you vote affirmatively on all the other items except for Sunday sales? Mr. Smith: Yes. Mr. Shepard: Then that’s how the Clerk will record your vote. Mr. Smith: Okay. Mr. Colclough: Mr. Mayor? Mr. Mayor: Mr. Colclough? Mr. Colclough: Let is also be known that I vote no on Sunday sales. The Clerk: Yes, sir. Mr. Mayor: Anyone else no on Sunday sales? Okay. We’ll take up item number 15 next. The Clerk: 15. Motion to approve the renewal of the contract between ARC and the Coliseum Authority and the refinancing of the Coliseum Authority’s bond indebtedness. (Approved by Finance Committee December 29, 2003) Mr. Mayor: Gentlemen, I asked for some discussion on this item because of the – we’ve been through discussion and we know what the Coliseum Authority wants, we know what they need to meet their bonded indebtedness and their operating subsidy. the Coliseum Authority has said that it Rather than use percentages in the contract, needs $2 million a year. And I would like to see us put the figure of $2 million in here. What happens is if you put a percentage in here, when the number goes below 57 what they need, then they don’t get the full amount that they request. If the proceeds are in excess of what they need, then they reap a windfall that we could use to subsidize some of the issues that we have over here. All they’ve asked for, they said in the And I would recommend that committee meeting that the $2 million is what they need. as you approve this today, that you put it in with a specific figure of $2 million and that would be pledged to pay off the note and to provide the operating subsidy which they have today. That would be my recommendation, but certainly it’s at the pleasure of the Commission. Mr. Boyles: Mr. Mayor, I’ll make a motion for your recommendation. Mr. Cheek: Second. Mr. Mayor: Okay, we have a motion and second. Discussion? Mr. Williams? Mr. Williams: Yes, sir. Is anyone from the Coliseum Authority here, Mr. Mayor, we could hear from? I mean I’m, I see -- can any of you ladies address this issue or Mr. Rogers? Either one of you? And I hear what the Mayor saying. If it comes, if it comes short then y’all going to be at a disadvantage, but if it come over, you going to be at an advantage. Mr. Mayor: Identify yourself for the record, please. Ms. Rogers: Annie Rogers. And I am the Vice Chair of the Coliseum Authority. And I concur with the Mayor, that is what we are asking for. The sum of $2 million. Mr. Williams: Okay, so you willing to gamble that it’s going to be less and not more. Is that – you want the guarantee, I guess, is what – Ms. Rogers: We just want the guarantee. Mr. Williams: All right. Ms. Rogers: Of the $2 million. Mr. Williams: I just wanted to hear. We heard from the Chairman in our committee meeting and I’m just glad to hear this coming about, but I did want to hear from, from someone from that board. Mr. Mayor, I got no problem, no other question. Mr. Boyles made a motion, I think, and it been seconded. Call for the question. Mr. Mayor: Thank you. Let me make sure nobody else wanted to speak. Go ahead and vote. Okay, all in favor of the motion then please vote in the affirmative. Motion carries 10-0. 58 Mr. Mayor: Thank you very much, ladies and gentlemen. The next item is number 21, if you’d read the caption, please. The Clerk: 21. Motion to approve the paving and widening of Youngblood Drive due to safety concerns. (Approved by Engineering Services Committee December 29, 2003) Mr. Mayor: Mr. Smith, you asked for this? Mr. Smith: Yes, Teresa Smith will address that. Mr. Mayor: Ms. Smith? Ms. Smith: Mr. Mayor and Commission, in the Engineering Services Committee meeting, the motion that was made for this particular item was to use condemnation to get the right-of-way for this specific project and to fund that from the dirt road funds. Mr. Mayor: Jimmy, did you have – Mr. Smith: I’m sorry? Mr. Mayor: Did you have anything you wanted to add to that? Ms. Smith: I just need to clarify that. In addition to just paving it, that we’re changing the, making exception to the policy for our dirt roads program for this specific road. Mr. Smith: I don’t have any problem with it. Mr. Mayor: All right. We need a motion to approve it. Mr. Smith: I move. I make a motion that we approve it. Mr. Cheek: Second. Mr. Mayor: Motion by Mr. Smith, second by Mr. Cheek. Any further discussion? Mr. Mays? Mr. Mays: Yes, Mr. Mayor, I’m going to probably vote for the motion. I didn’t vote for it in committee because I knew two, two new Commissioners that directly represent this area were going to be coming on board. But they – one or both of them may have been present during our committee meeting that day. And I made the statement which still holds true. I’m committed to trying to get as many of those dirt roads paved 59 as we can. The majority of them I know are located and concentrated in one area of the county. You know we got them everywhere, but the majority of them are located there. But I wanted to make sure, and I’m going to follow their leadership direction, but I think they also need to be aware of the fact that in doing this, that they are changing and they are setting a precedent for how this will be done. Now [inaudible] conditions, and I’m glad that’s in the motion, because if that’s what it’s going to be done for, if you going to endanger some folk, then I think that probably needs to be in the background, of whether you can’t say turn school buses around, you can’t get emergency vehicles, you can’t get response, then if you got to condemn then let’s do it. But the objection I’ve got is that there are roads where people are willing to give the right-of-way in order to get progress. Now we’ve got a road there that you’ve got folk who aren’t willing to give us, and they are going to be helped and they’re going to maintain the benefit of it. Now we set aside at that time $7 million in sales tax. I supported that package to put it together. Still do. But I think those Commissioners need to be aware of the fact that if they are going to change the precedent and particularly since they represent the area that’s got most of these dirt roads, that they may have to end up answering to the point of what happens when other constituents come in in a flood who are ready to move, who may be higher on the list of priorities than this road is. And I just think even some feedback needs to be handled from them on that of kind of where you – I’m willing to go with the Commissioners in that [inaudible] because this, this, this is your direct Districts, gentlemen, in order to move it. And, and, and it’s also Don’s Super District. But there is a formula, there are requirements that we set up, and if we are going to break away on that one, I just want to be careful that it don’t start domino effect and we have to tell people no who are willing to give, but then we move and approve those that we are still going to have to pay. Because condemnation is a process to get to some finalization, but you still are having to pay for that land that some people are willing to donate for free. And I just want, I know they’re walking into that today, but I just want to make sure that they know that there are some folk they got on that unpaid list that gets into a long number that maybe have been waiting a long time and they are willing to come in and they are willing to sign over in a heartbeat their rights in order to get progress. And I just wanted to put that for the record. Mr. Smith: Mr. Mayor? Mr. Mayor: Yes, Mr. Smith? Mr. Smith: I just wanted to mention the fact that this particular road has 12 houses down in the back of that opening, and the opening is where the people will not give the right-of-way. And these people pretty much landlocked. The road is clay and it’s uphill and makes turns and it’s very dangerous, especially when it rains, for school buses and ambulances and police cars and so forth. And I understand where Mr. Mays is coming from. Mr. Mayor: All right, anything further? We have a motion to approve. All in favor of the motion, please vote aye. 60 Mr. Mays abstains. Motion carries 9-1. Mr. Mays: Since I chair that committee, Madame Clerk, I’m going to abstain cause I know it’s going to come back to me sooner than I want it to. Mr. Mayor: The next item is number 26. The Clerk: PLANNING: 26. Z-03-99 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that parking be located in the side yard; no parking shall face Peach Orchard Road; a petition by John Glenn requesting change of zoning from Zone R-1A (One-family Residential) to Zone P-1 (Professional) with a Special Exception for residential purposes per Section 20-2 (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property located at 3418 Peach Orchard Road and containing .57 acres. (Tax Map 133-1 Parcel 54) DISTRICT 6 (Deferred from the December 16, 2003 meeting) Mr. Mayor: Is there a motion? Mr. Cheek: We were due a report back on this. Mr. Mayor: Mr. Patty? Mr. Patty: I was out of town at the time of that meeting, but I believe there were two problems. One, the applicant wasn’t present, and two, there was some question about whether the 6’ stockade-type fence around this property was legal. We checked. There had been a variance granted for him to build that fence some time before he built it. So the fence is legal. The applicant is here, I believe. And our take on it is I’d like to be up here telling you to deny it, but the – it hasn’t been long ago that the property immediately across [inaudible] road was zoned P-1, also. That property is similarly situated to this, and based on that we recommended to the Commission that it be approved, and I recommend to you that you approve it. Mr. Mayor: Mr. Cheek? Mr. Cheek: Thank you, Mr. Mayor. You drive from downtown Augusta to Waynesboro and not see one privacy fence and one residential front yard on Highway 25. That has been a source of complaint from the community around there. It is an eyesore. So I will make a motion to approve this contingent upon removal of that privacy fence. Mr. Colclough: I’ll second the motion. 61 Mr. Mayor: All right. Motion and a second. Is there discussion on the motion? Do you want to put any time limit on it? Mr. Cheek: It doesn’t get approved unless the fence comes down. Mr. Mayor: Okay. All right. All in favor of that motion then please vote aye. Ms. Speaker: I’ve got something to say about it. [inaudible] Mr. Mayor: Well, the Commission has already voted and they’ve approved it. Ms. Sims abstains. Motion carries 9-1. Mr. Mayor: Next item is number 27. The Clerk: ADMINISTRATIVE SERVICES: 27. Reclassify administrative position (Deputy Chief Appraiser, SG 53) in Tax Assessor’s Office to Property Appraiser II, SG 44; revise organizational chart to reflect reclassification. (No recommendation from Administrative Services Committee December 29, 2003) Mr. Mayor: Mr. Reece, welcome back. You want to try again? (Laughter) Mr. Reece: I think everything was said at committee. It’s been brought to my attention there may be some other underlying circumstances on this particular item that I’m not aware of, but I’m still going for the reorganization as proposed. Mr. Mayor: Does anybody have any questions about this for Mr. Reece? Mr. Hankerson, I know you’re interested in this. Go ahead. Mr. Hankerson: Yes, sir, as I opposed this in Administrative Services Committee, and my reasoning for this was because of the fact that we had – there was – the Performance Review Board did a investigation on this department and I think that we are moving too rapidly without addressing the findings in the Performance Review Board’s report. It’s not that I’m opposing additional staff for this department, but I think that we need to look at the report. I asked that we would have the Chief Appraiser and the Board of Assessors to address those findings, to come back with a response. The report pointed out many significant things that we should be interested in. before it’s over with, we may need to give him more than one appraiser because of the fact that they said that it was understaffed, they said that it needed additional space. I did not have Appendix A at the time of the meeting, but since then I have that. I have that. I have reviewed that. And it 62 also addresses the office space, the privacy for citizens to come into that office and have the privacy of not having everybody to hear their business and so forth. And so I think there is a lot we need to be doing with the tax appraiser’s office, and also see what they’re going to do about the response of the findings that was made. So I’d like to – we asked that they bring this report back in the next meeting. I don’t think it was a formal motion made at that time for them to do that, but I ask that we do not make any – we do not make the changes now on this particular item of reclassification of the administrative position until after we receive a report back from the Chief Appraiser and Assessors’ Board, for them to respond to the significant findings that were in that report. And I’d like to put that in the form of a motion, that we deny the request at this time until we receive a report, a response back from the Appraiser and the Board of Assessors. Mr. Mayor: All right. Is there a second to that motion? Mr. Reece: May I comment, Mr. Mayor? Mr. Mayor: Just a moment. Let me see if I can get a second to his motion first. Mr. Grantham: I’ll second for discussion. Mr. Mayor: All right, we have a second to the Commissioner’s motion. Sonny, just a minute. M. Reece: Yes, sir. Mr. Mayor: Mr. Cheek had his hand up. Let’s hear from him. Mr. Cheek: Thank you, Mr. Mayor. I read the report and nothing in that report pertained to this particular measure as far as it having significance on that report. The actions that are necessary to be resolved through the audit will require months. We have delayed, denied, and deferred this issue several times. This offers an opportunity to save some significant funds. It offers the opportunity to accomplish some reclassification, and that’s not to say we’re not going to have to do something down the road, but at this point in time to continue to delay, deny, and defer this change, which is being recommended by our Chief Appraiser is again just delaying basically the inevitable. Sure, we may need additional people. We need to renovate and create office cubicles for people to have privacy. There’s a lot of things that need to be done. But reading that report, the main thing that needs to be done is the Board of Assessors not rely so much on Sonny as take time themselves to become abreast of the day-to-day activities. That was the [inaudible] pivotal issue that I read in the report. This is sound, it’s going to enable us to continue to make progress in that area, it is the revenue-generating arm of our government. We just need to move forward with this. Sure, I agree, there are things that are going to need to be done by virtue of the audit, a report back of some changes perhaps made. But that’s a couple of months away at best. I mean we can get the report back and look at the administrative changes and infrastructure changes within that office, and it’s not going to happen overnight. This is something we can do now that will help remedy some 63 problems within that department, help us to move forward on an issue we’ve deferred for over a year now. And it’s my understanding consistent with the reclassification study done in Athens, and so to me it’s a sound change, the timing is now, and I just urge support for the measure and I’m going to make a substitute motion that we approve. Mr. Mayor: Is there a second to that motion? Mr. Williams: I second, Mr. Mayor. Mr. Mayor: We have a second. All right. Sonny, you wanted to respond to the Commissioner’s comments? Mr. Reece: As former Commissioner Shepard said, as far as going with partnership, I was going, before the substitute motion was put in, I was going to ask Mr. Hankerson if he would, instead of deny, would be to defer until my board was able to give you a written report, and that will not be forthcoming until your February meeting, th because the board meets Monday, the 12, and they’re aware that the request will not formally be made, and if you would do it until February to see the report that comes back from my staff, I mean from my board and from myself, but not to deny it today, but just kind of defer it, if you would, in a spirit of cooperation and partnership. Mr. Mayor: Mr. Smith had his hand up. Mr. Smith: [inaudible] Mr. Mayor: Mr. Grantham? Mr. Grantham: Mr. Mayor, in lieu of the fact that we have four new Commissioners sitting, with this issue coming up today, and without I think proper investigation by all of us, I would, I would entertain the idea and make a motion that – Mr. Mayor: Excuse me, we already have two motions on the floor, and that’s as far as – Mr. Grantham: I understand. Mr. Mayor: That’s as far as we can go on motions. Mr. Grantham: Well, I would like to – Mr. Mayor: Why don’t you make a motion to table? Mr. Grantham: A motion to table this until the February meeting and we can review it at that time. Mr. Mayor: You can do that. 64 Mr. Shepard: Postpone. Mr. Grantham: Postpone until February – the first meeting. Mr. Boyles: I’ll second. Mr. Mayor: You can take a motion to postpone. With two already on the floor. And we have a motion to postpone to the February meeting, and seconded. Mr. Hankereson? Mr. Hankerson: Yes, I want to get a clear understanding here, as I said. And I don’t intend to bump heads with anybody on this issue. But we ask for reports, we ask for studies, and when we get them, what do we do with them? Here’s a department that we – something was significant enough for us to call in the State Review Board. And I think that we need to just wait and hear a response from what we received until we go making changes in that department. Also, that this position, this reclassification, we discussed something in legal about this position. Why would we change it now, a reclassification, and go back and may have to re-do it again? And we know that. So why don’t we – let’s not act like we don’t know what is going on here. I’m for giving the department what they need and I think because of the tax digest. It was short. We need to do with this department whatever it takes to make sure that we don’t be in the same position with a shortfall next year or all the errors that was made in the tax department. We thinking that we had, that we were going to come out on top and then we came out negative. You know, we talking about millions of dollars short. I think we need to take this very serious. It’s not that I want to not give him this position or whatever. It probably be more staff. And that’s what I meant. Not to deny it permanently, but I think that we need a response back. And we asked for the State to come in and investigate and they gave us a list of a lot of things. I disagree with Mr. Cheek of saying only one thing that he saw in that report. It was a lot of things in that report that I want to see addressed, response to, how that department is going to operate, the morale of the department, the positions that he need, the space that he need – it’s a lot of things in that report and I think that we need to just wait. Why are we rushing to do this? I think we need to wait on it, and also I’m glad you said – the new Commissioners need to review it for themselves. Mr. Mayor: We’ll go back to Mr. Cheek for rebuttal. Mr. Cheek: I think the comment was significant findings. Mr. Hankerson: That’s what the report said. Mr. Cheek: It’s been a little while ago. But I guess the thing – correct me if I’m wrong, but there’s some savings, cost savings to the City to be associated with this change. Sonny? 65 Mr. Reece: The savings between the position is about $19,000. Mr. Cheek: Well, there again, and this keeps our mobile home appraiser and people in the field – Mr. Reece: You approved that in the consent agenda, and as I said, Mr. Cheek, I have no problem with you waiting to see that report. Mr. Cheek: I agree. I want to give my colleagues a chance to come up to speed and to study and to feel comfortable with this. But we have delayed, denied, and deferred this, and I really have a question with the soundness or the logic behind delaying, deferring and denying everything that’s not perfect. We have got to have an action plan submitted back by the appraiser’s office and the board of assessors, with corrective actions in place, with a plan to accomplish the changes necessary to correct some of the problems they found in the audit. Granted, but those are things that take time. This is an action we can take now to significant money, and in my neighborhood, $19,000 is a lot of money. Again, I have problems with the logic that says we should delay, deny, and defer until everything is perfect. Because if that is the case, we need to close our books, because there’s not a thing we passed today that we won’t have to come back and address at some point our some of our future generations will have address. So to delay, deny and defer under those pretexts is false. We need to make corrections along the way [inaudible] and implement policy changes across the board in this department when the plan is complete. Again, I’ve worked here for four years. I haven’t seen this type of review, report back, and implementation take less than two or three months. I think it’s incumbent upon all of us to save whatever money we can, make whatever adjustments we can, and then implement sound policy changes based on those reports. That is something down the road. I agree that people need time to study this, to feel comfortable with it, but we have approached every reclass issue and everything else like this. Delay, deny and defer until we get reports back that substantiate what staff has come up with and then we delay, deny and defer for whatever other reason. This is a chance to move forward on this. Yes, there’s a lot of findings in that audit, things that need to be addressed, none of which impact this decision or say that this decision is incorrect. Mr. Mayor: The motion before the body right now is to defer this to the February meeting. And if there’s not, no discussion on that motion to defer – Mr. Williams: I thought we had two motions, Mr. Mayor. Mr. Mayor: Well, we’ll get to those, but we had a motion that supersedes, and that’s a motion to defer. So we have to dispose of that and then we’ll got to motion and either approve it or deny it. If you don’t defer it – Mr. Shepard: [inaudible] first meeting in February, you have got to vote on that, then you got to your substitute motion and your original motion, Mr. Williams. Mr. Williams: And the motion to table is the only one that’s undebatable? 66 Mr. Shepard: It’s not to table, it’s – Mr. Williams: [inaudible] – Mr. Shepard: [inaudible] consideration, yes, sir. Mr. Williams: Okay. Thank you, sir. Mr. Mayor: Discussion? Mr. Mays? Mr. Mays: Yeah. Mr. Mayor, under I guess the guise of making this a kinder and gentler day, and everybody in the spirit of cooperation, but the motion to postpone, and I know you were trying to let everybody get some say in this situation from both sides, but you know, seem like we’ve got almost on, on a slightly non-debatable motion and we’re still having debate on it. And if that’s the case, what I’d like to do is to extend that spirit a little further. If the, if the department is making that suggestion that he can live with the two weeks, but in trying to keep with the original motion that Mr. Cheek is talking about in terms of getting this done so that it does not drift into several months of doing it, can there be some spirit in that motion to say okay, fine, let’s just agree that in two weeks Sonny is going to have an answer to the rest of everything that you’re dealing with, and then we vote up or down, whether or not we are going to make the change in that office and be done with it. Because I think there is some merit in both of those statements that my colleagues want to do. But I think to keep doing it and to a point that if it drifts off into the springtime, then that doesn’t need to be done. When we get down in there and it gets to be slow collections or something else and then we could have done something with [inaudible] on one hand. But the seriousness of the report does need to So I think maybe we need to at least let him just be addresses and [inaudible]. [inaudible] say if he can come up within the two weeks in terms of getting that back [inaudible] what this Commissioner is asking for, but at the same time keep [inaudible] what Andy wants to do, give us to us in two weeks , let us be done with it, and then that way everybody is not at each other about this. It either needs to be worked out in two weeks and not in two months and we don’t have to, I think, chop each other’s head off about it. Because the non-debatable has already been debated. We in that [inaudible] so I think if that can just simply agree to do that, we can go on and resolve that issue. Just a suggestion. Mr. Mayor: You want to try to respond to that? Mr. Reece: Yes, sir, I can respond to that. Mr. Mays, I will have my written report ready in two weeks. I can’t say my board will have, but I’m sure they will do everything they can to have it in two weeks. Cause we meet Monday and they’re discussing it now, I’m sure, and putting their [inaudible] together and they’re going to come up with what they are going to do. So we should have it back to you in two weeks. No problem with that. 67 Mr. Shepard: Mr. Mayor, the motion is with the body. It needs unanimous consent for the stipulations [inaudible]. Mr. Mayor: Is there any objection to modifying the motion to include the recommendations of the Pro Tem and the response from the Chief Appraiser? In a spirit of cooperation, can we [inaudible]? Mr. Williams: Just a comment. Mr. Mayor: Mr. Williams? Mr. Williams: Just a comment. I just can’t hardly believe we’re sitting here talking about $19,000 when we made a decision on a attorney for six figures and nobody even sweated it, but we going to sit here and debate for 25 or 30 minutes on $19,000 on an appraiser who is trying to save money for this government to come in here. I think we on the wrong page. But anyway. That’s just a comment, Mr. Mayor. Mr. Boyles: Mr. Mayor? Mr. Mayor: Mr. Boyles? Mr. Boyles: If I may ask one question, is anyone in the position now? Mr. Reece: No, sir. Mr. Boyles: So it’s not costing us anything, we’re not going to lose $19,000 between now and next month, now and next week? Mr. Reece: No, sir. Mr. Boyles: We’re not losing anything. Mr. Cheek: Clarification on that. This change will actually save $19,000? Mr. Reece: Yes, sir. Mr. Cheek: So there’s not a loss of $19,000? Mr. Reece: Right. That’s what it [inaudible]. Mr. Grantham: Let’s call the question. Mr. Mayor: Let’s try to move ahead with the motion. Let’s move ahead with the motion. Mr. Cheek: [inaudible] I do my homework occasionally. 68 Mr. Mayor: All right. Well, let’s move ahead with the motion to postpone because we can’t do anything else until we deal with that. All in favor of the amended motion to postpone, please vote in the affirmative. Motion carries 10-0. Mr. Reece: Thank you. Mr. Mays: Thank y’all. Mr. Mayor: Madame Clerk, item number 29, please. The Clerk: 29. Discuss gang related activity on Shirley Avenue. (Deferred from Public Services Committee December 29, 2003). Mr. Mayor: Commissioner Williams, was this your item? Mr. Williams: Yes, sir. Mr. Mayor: I think the Sheriff is here. Mr. Williams: Yes, sir, and grateful for the Sheriff being here. This was on our Public Safety Committee. In committee meeting we did not have representation from the Sheriff’s Department and I needed to get him or get someone to, to give some assistance. Ms. Striggers, Hazel Striggers I believe her name is, on Shirley Avenue, can’t remember the block number, had been down before and called me several times, had the Deputy Administrator Russell out. They took eight to ten pair of sneakers off of the, the phone lines or power lines going down the street. And when you ride down the street, all these sneakers are hanging up as you go down the street. And what I was told from Ms. Striggers and other people in that area that it’s gang marking of their territory. I understand the Sheriff’s Department got his hands filled, but we got citizens who’s living and we got people who have to go down a street with these, and this is the [inaudible] we been out to remove those type sneakers. But there something that got to be done, and I need to hear from the Sheriff’s Department as to what we can do. It was on committee. I promised her that we would address it then. We wasn’t able to. So we forward it on to Commission. But if Sheriff Strength can, can, can give us some assistance and tell us what can we do to help alleviate this problem with this [inaudible] community, it’s been ongoing and it’s going to get worse if we don’t get a handle on it. Mr. Mayor: Sheriff, welcome, and thank you for your patience this afternoon. Appreciate that. 69 Mr. Strength: Thank you. Been a lot of changes in here today. I hope I’m still Sheriff. (Laughter) Mr. Strength: Mr. Smith, Ms. Beard, Ms. Sims, Mr. Grantham, Mr. Mays, Mr. Shepard, congratulations. And especially congratulations to you, Mr. Wall. (Laughter) Mr. Strength: Mr. Williams, when you put it on, we were not aware it was on until after the fact. We would have had somebody up there to talk to you then. That was the reason we weren’t there. I got, I got involved in this after I heard that. Of course, we’ve got many investigations going within the Sheriff’s office I cannot discuss, and you understand. A lot are gang related. We in the Sheriff’s Department have identified over the course of years, and it is increasing – you’re absolutely right – not just in Richmond County but all over the country, problems with gangs. And I use that very loosely because when we start using the word gangs within our government or in the Sheriff’s Department, citizens that don’t understand, they thing we’re talking about the Bloods and the Crypts of L.A., New York, Houston. We don’t have that. Not even close to that. We have identified a lot of wannabees in the county, that want to be gangs. We have identified probably 12 in Richmond County that are somewhat structured. And what I mean by that, they are somewhat organized. Not near what they can be, but they are somewhat organized. Those have been identified, we’ve made a lot of arrests involving these groups, but in the area that you’re talking about, what I did was, I had the Crime Stat folks pull every call on Shirley Avenue for one year. We received on Shirley Avenue in the year 2003 twenty calls. Nine of those calls were at two houses. There was not one violent crime reported. There was not one call involving gang activity to the Sheriff’s Office. And the calls that we got are calls that we get on the streets of course every day. And I could over them with you, but it would just be taking up time. I’ll be more than happy to let you look at it. But if there is a problem over there that someone can definitely give our folks in Intelligence, and I looked at our Intelligence folks and they said we do not have a gang in Shirley Avenue. Do we have some in the area? Absolutely. And I’m not going to identify them in here. We do have investigations ongoing. We want to do everything we can to get rid of these gangs in areas, too. But like I said, we’re very fortunate in when we start comparing cities that do have organized, structured gangs, that raise money through mainly narcotics. Our Narcotics Squad works them diligently, and I think you’re going to see something within the next three weeks that I cannot discuss here now that is definitely going to help us here, but I’d be happy to go by and talk to that lady. I went to Shirley Avenue personally, talked to some folks, could not get information. They didn’t know. Channel 6 stopped me out here when I came in, said they went out there and interviewed neighbors, and every neighbor said we don’t know what you’re talking about. So I’m a little confused and I know we get information, but if there’s some information over there, we would definitely like to go over, interview, and definitely get a handle on it before we do have a problem. 70 Mr. Williams: If I may, Mr. Mayor. Mr. Sheriff, I understand your job and all the stuff you entail. But trust me, I’ve got better things and more things to do than to, to, to bring something to you that’s not real. Ms. Striggers have got a notebook that I saw that she been keeping a log, she sent a letter, she says, to your office. She’s talked to several of your people. And I don’t have her number here with, but Mr. Russell can attest to the fact that we’ve got about eight pairs of sneakers. You said we, you use the word gangs, and the neighborhood might not look at it as gang cause we don’t have the Bloods and the Crypts and the, and the, and the wannabees out in California in Augusta. But when people got problem with young people defacing properties, throwing sneakers across the power lines, and hanging down the street, to a normal citizen that’s a nuisance. And we done sent someone from our department, from the government, out twice, to take those things down. So maybe they’re not “gangs” but there’s a problem out there and I, I will make sure that Ms. Striggers be able to come and sit down with you and show you her information. Mr. Strength: Please. Mr. Williams: And show you her log. Like I say, I know you got a busy schedule, I know there millions of things that you be doing. But this is important to me and to her. When you ride down a normal street, you don’t see sneakers across the power lines. And when you’ve got eight to ten pair that’s happened more than one time, that, there’s a problem. If the families, if the parents were doing their job, then you wouldn’t have to go out there and do that. But if somebody defacing property – and I know your hands are full with speeders and all other kind of stuff – but this is a issue that, you know, I was just trying to get some assistance from you as to what we can do, maybe one of your deputies or two of your deputies. So I [inaudible] not seen some stuff and not known what I was talking about. But I’ll make sure that I do get her with you, and if I can’t I’ll have her come in to committee meeting and have somebody from your office. Don’t have to be you. But somebody need to address it so we can be able to resolve this problem, cause it is an ongoing problem. Mr. Strength: And I agree with you 100% and I would, I’d personally be happy to talk to her. She doesn’t even have to make an appointment. She comes down to the office, she’ll get to see me. And we definitely like – we get a lot of information and intelligence from neighbors. Some won’t talk, and we understand why. We understand that. They’re scared and everything else. But if you would make contact with her for me or give me an address, I’ll make sure that I personally talk to her and will be more than happy to follow up anything she has in that area. And appreciate any intelligence she may give us. Mr. Williams: And Mr. Sheriff, one more comment. [inaudible] gang situation, Mr. Sheriff, while I’ve got you here, I need to mention something else, too, that I’ve got an elderly couple living over in the – I can’t think of the area now – off of [inaudible] Drive. Every night they been concerned, been calling me about loud music. And I personally called you about that [inaudible] Drive in one instance. But we’ve got a 71 serious problem with that, too. And maybe when this lady come in we can sit down and talk about that issue, as well. th Mr. Strength: We don’t have a problem on [inaudible] Drive after the 30 of this month. They won’t live there. I’m very familiar with what you’re talking about. Cause I’ve gone. Mr. Williams: I hear you, Mr. Sheriff. Mr. Strength: Thank you. [inaudible]. Mr. Mayor: Thank you for bringing this information to the Commission. Mr. Shepard: Mr. Mayor, you don’t have a motion to receive this as information. Mr. Mayor: We’ll entertain a motion to to receive this as information. Mr. Cheek: So move. Mr. Colclough: Second. Mr. Mayor: Discussion? All in favor, please vote aye. Mr. Grantham, Mr. Cheek and Mr. Mays out. Motion carries 7-0. Mr. Shepard: Mr. Mayor, on item 26, the zoning matter – Mr. Mayor: Mr. Shepard, just one moment. I have one more item I want to dispose of. That’s item number 30, Madame Clerk. The Clerk: APPOINTMENT: 30. Motion to approve the appointment of the following representing District 3. (Deferred from the December 16, 2003 meeting) ?? Canal Authority – Thomas H. Robertson Mr. Mayor: Let’s go to the new representative from District 3. Do you want to make that motion? Ms. Sims: I so move. Mr. Mayor: Is there a second? Mr. Smith: Second. 72 Mr. Mayor: Any discussion? Mr. Cheek? Mr. Cheek: The question on that was, there was a question about that, whether there was any business interests being conducted with the Canal Authority by this appointment. That was the question that came up in committee. Mr. Shepard: That’s correct, Mr. Mayor, and I think he was doing work for the City, but not for the Canal Authority. It’s the distinction. He has, he is presently serving on that Authority, Mr. Cheek. He has served on the Authority since its inception in 1999. So that’s what I report on. Mr. Cheek: Okay. Mr. Williams: So that’s a no, he’s not doing business with the Authority but he’s doing business with the City? Mr. Shepard: That’s correct. Mr. Williams: So move, Mr. Mayor, if there’s not already a motion. Mr. Mayor: There’s a motion. Any further discussion? All in favor of the appointment then please vote aye. Mr. Grantham and Mr. Mays out. Motion carries 8-0. Mr. Mayor: Okay, let’s go back to number 26. Mr. Shepard: Just for a matter of information, Mr. Mayor, I did not see the applicant, but if he is still here, the Commission may want to hear from him and then decide if it wants to reconsider, rather than first deciding it wants to reconsider. If he is here, I would err on the side of letting the gentleman speak. Mr. Mayor: I think there has been some discussion between the motion maker and the petitioner. If you’ll come forward and give us your name for the record and if there’s something you want to say about the item and the Commission may want to reconsider. Mr. Glenn: Okay, my name is John Glenn. I apologize for not speaking up earlier. I didn’t understand y’all [inaudible]. About the privacy fence, I originally put that privacy fence up there for child protection. What I originally put up there, I got three children, which if you look, I’m going to be living on that property, also. We was out there one day and it’s on Peach Orchard Road, it’s a four lane, five lane highway. They come by there all day long, sling bottles. You wouldn’t believe the things I’ve found in my front yard. One day we was out there playing ball during the daytime. Somebody 73 come by and threw a bottle and like to him my child. I put it up. Before I put it up, I went through all the neighborhood, both sides of the road, across the street, everywhere. Got everybody to sign a petition, did they mind if I put it up? Everybody signed it. Nobody had a problem with it. So on the – I didn’t mean to interrupt him. But even on the fence now, and I’m going to take down part of the fence now. But the corner section, I want to leave for the same reason. I got my mailbox on a swivel because when the come by there so many times and throw the bottles. I can’t even have a mailbox sitting up there. Mr. Mayor: Mr. Cheek? Mr. Cheek: Mr. Mayor, I would be willing to ask for reconsideration on this to allow the applicant and myself a month to come to confer on a plan and then come back and see if it’s something we could live with. This has been a source of complaint. I believe, Richard, we’ve heard about this at our breakfast meeting. Mr. Glenn: Yes, we have. Mr. Cheek: This is the only privacy fence between [inaudible] adult entertainment and perhaps a commercial property out past Tobacco Road in a residential area on the front of a street which is one of our gateways. And as I’ve said, I’m strictly opposed to this and it’s an eyesore and it puts a very negative face on south Augusta, But I would make a motion to reconsider and I’d like to follow that Highway 25. with a motion to allow the applicant and I to discuss this and come back in one month, bring it back to the Commission. Mr. Mayor: Can we take those motions together and spread them on the minutes separately? Mr. Shepard: I would say yes, we could, with the consent of the body. Mr. Mayor: Do we have a second to that? Mr. Colclough: Second. Mr. Mayor: All right. Any further discussion? All in favor of that two-prong motion please vote aye. Motion carries 10-0. Mr. Shepard: That’s the first meeting in February, Andy? Mr. Cheek: Yes. Mr. Mayor: That takes us down to – I’m sorry, I skipped over item 28. For some reason I had checked it off. Let’s dispose of that. 74 The Clerk: 28. Motion to approve selection of Verizon Wireless as vendor of choice for RFP 03-105, Cellular Services, pending contract approval by City Attorney. (No recommendation from by Public Safety Committee December 29, 2003) Mr. Mayor: We have, subsequent to the committee meeting Information Technology provided us with a cost breakdown on the charges. And I just must say from my own observation of it, and having to deal with the cell phone issue here that the variety of the plans with the discounts makes a lot more sense than just the flat per minute charge that we’ve been paying, and it looks like the net results may mean some savings to the organization. Mr. Williams: So move, Mr. Mayor. Mr. Colclough: Second. Mr. Mayor: Motion and a second. Is there discussion on the contract? Yes, Mr. Grantham? Mr. Grantham: Mr. Mayor, of course I was sitting in the committee meeting when this subject was brought up. And I’ve not heard yet what the number of cell phones we have, the number of pagers, and number of beepers. The only thing I know is what I have heard. In listening to the few meetings I have attended recently and reading in the paper from about a year ago the abuses of charges that have been made on the cell phone. And I cannot vote for something that I see is going to just come down the pipe right now and ask me to approve it, thinking that we going to save some money based on what’s just happened. I would like, if we could, to get a report on the number of cell phones we have, on the departments that are using them, and why we have to have so many out there. I know I have cell phones for my employees. But I also know that I made a deal with the cell phone people that they give us the telephones. And I don’t have but 11 employees. And if we have the number of employees in this county that’s using cell phones, we ought to be able to make a pretty good bargain with them. And I would like to think that that’s been the case. I don’t have experience from what y’all are talking about, but in talking to a few of the Commissioners, I think this needs some review and I think it needs some, some information brought back to us to know what we’ve got going on. Mr. Mayor: All right. Let’s see if Ms. Allen can answer your questions today. And if not, then we’ll proceed from there. Ms. Allen: Mr. Mayor and members of the Commission, we currently have 316 cellular phones. Mr. Grantham: How many? 75 Ms. Allen: 316. And 296 pagers. Also as part of the RFP response from Verizon, they will be providing us the phones at no cost. So we will be upgrading the technology at no cost to us [inaudible] phones. Currently, in the past what has happened is because of the services that we did have under Cellular One, we only paid for the actual minutes of usage that were actually used by the customer. So there was no disadvantage to providing phones to each of the departments who actually showed justification of needing such a phone. We did not have to pay a monthly service or flat rate for the actual phone itself. The new plan [inaudible] six respondents that provided RFP responses [inaudible] actual costs and breakdown, there were no such responses back that gave us actual per minute usage. Everyone actually charges per flat rates. The $29.99 per month that you see advertised is [inaudible] all the providers sent in to us. So there was no such thing again as what we had in the past of seven cents a minute for usage. So whether to a disadvantage to provide the actual phone, cause you only charged on what they actually used. So if they never used the phones, the department was not charged for the phones. But now [inaudible] different review of the actual phones, we will have all departments review what they currently have and what they currently will need and who actually will need the phones. They’ll be provided from the Information Technology Department, a six month review of actual usage by their department. So they can select the plan that’s going to best fit what they’re looking for and best fit the government agency. Mr. Grantham: How does the price compare now on a per minute usage on this contract versus the previous one? Ms. Allen: It’s really going to be dependent upon what the depart head decides is the best choice for their actual individual users in their department. It’s also going to be dependent upon whether or not they restrict some of the phones they currently have in their departments. So I really, I’d be throwing out a number that I really can’t show justification on. Mr. Mayor: Just to clarify, if I may, the decision of who gets a cell phone is made by the department head; is that correct? Ms. Allen: Yes, sir. The department head – that’s right. Mr. Mayor: [inaudible] Mr. Kolb: [inaudible] Information Technology. Mr. Grantham: Thank you. Mr. Mayor: Don, from personal experience I can tell you that a very modest phone bill for me jumps dramatically when I got out of town and end up having to roam or pay long distance. The phone bill itself can even triple or quadruple in some cases. With the new plans that they’ve negotiated, you have an option for flat fees, some 76 including nationwide long distance and what-not, which would substantially reduce some of the cost. [inaudible] Mr. Boyles: Mr. Mayor? Mr. Mayor: [inaudible] Mr. Smith and then we’ll come back to you. Mr. Smith: Do these employees that have cell phones, do they pagers and radios, too? Ms. Allen: In some cases we do. In some cases it’s justifiable because in certain areas you may not receive a cellular message but you may receive a page or some other communication. And with the radios, [inaudible] public safety sector, for public safety responses. Mr. Kolb: But, if I may add, those will be reviewed also, because we’re looking at a new pager contract which will be coming back to you anyway, so we’re reviewing all of those issues. Some people carry pagers and cell phones because on our emergency system, when we do a mass page or mass notification, you don’t pick it up on cell phone. You have to have a pager in order to be notified. So in those cases they’re justified. Mr. Mayor: Mr. Boyles? Mr. Boyles: Thank you, Mr. Mayor. Two things, if I may, Ms. Allen. We were talking about in the Public Services Committee – Public Safety Committee – about the seven cents a minute comparing – and we didn’t have an answer for the new contract. So we still don’t know how much a minute – it’s still going to be flexible? Ms. Allen: Well, looking at the actual plan [inaudible], all of them kind of average out, basically average out to seven cents a minute, but you just paying a flat rate as opposed to paying just for the actual usage. Mr. Boyles: Do you think that’s going to increase our, our overall cost? How much do we have budgeted, if I might ask, for cell phones, our total, city-wide cell phone usage? Ms. Allen: That I’m not sure because it’s in each individual departments’ budget, but I can see we’re estimating roughly around $66,000 this year. Which on the average is good [inaudible] phones we have in the City. Mr. Kolb: [inaudible] approximately $76,000 on cell phones this year. Mr. Boyles: Did that increase over 2003? Is that the ’04 budget or 2003? So we spent $76,000 in ’03? 77 Mr. Kolb: Correct. And if my – I hate to give you numbers off the top of my head, but I can tell you that we actually budgeted throughout the entire city more than what we spent. And that’s just based on the seven cents. After our review and after we began to put it in pricing plans, we did it somewhat theoretically, and we believe that our costs will not vary too much than what it is now. Because we’ll save in terms of roaming and long distance on the majority of phones that use a lot of minutes. But on the other hand, those phones that use minimum minutes we’re going to have to review, because now there will be a minimum monthly charge. Mr. Boyles: You know, when we talked earlier, I think we looked at maybe two plans, what they call an executive plan for department heads and the Commission, whatever else. Mr. Kolb: That’s what you’re looking at now. Mr. Boyles: That would use roaming and long distance and whatever else. But then the other phones were all strictly local, and that’s what you’re trying to do? Ms. Allen: Yes, sir. It’s a multiple sit of plans that’s available. And some are just local plans and some are nationwide plans, and some American Choice plans, and they also give us the worryfree guarantee, which will entitle us to any promotional rates that they have that comes out that we’d be entitled to get that rate. Mr. Kolb: Which we don’t have now. Ms. Allen: Exactly. Mr. Boyles: Thank you. Mr. Mayor: Don? Mr. Grantham: So I wan to understand one thing is, we really don’t know what this is going to cost us? Mr. Kolb: No. No. Mr. Grantham: Because we’ve got to wait for the department heads to tell us how many phones they’re going to use and who they’re going to give them to? Mr. Kolb: How do I say this? We’re going to start all over again with the cell phone issue, so no one will have cell phones. Mr. Grantham: How did we go out on a bid on RFP based on, on usage? Did we just use last year’s criteria? Mr. Kolb: Yes. 78 Ms. Allen: Yes. Mr. Grantham: And say give us, give us a price based on last year? Mr. Kolb: Yes. Ms. Allen: Exactly. Mr. Grantham: And are you telling us now that you can assure us that we’re going to save money against last year? Mr. Kolb: No. I cannot assure you of that. What I’m saying is from our estimates and from what we can project from what our current usage is now, it appears that we’ll probably be in the same ballpark as what we’re spending currently. Mr. Grantham: Well, realizing that Verizon [inaudible] Cellular One [inaudible], one is the same, is who we’re dealing with. Verizon purchased Cellular One. Ms. Allen: Yes, sir. Mr. Grantham: So, well, I don’t know. I’ve got a problem with it. I just have to make my own decision. Mr. Kolb: We’d be more than happy to sit down and talk to you about, you know, our use of cell phones. We happen to disagree with the assessments that they’re being abused. I have not noticed any areas of abuse, and I review bills every month and I remember the issue when it first came up, but when we looked into it, every minute that had been used was legitimate. In fact, some of it was used in terms of meetings with the Commission. Mr. Grantham: Well, let me ask you one other question before [inaudible] Mayor said. Do we have any time frame of accepting this contract with Verizon? Ms. Allen: We’re currently in negotiations, currently right now, [inaudible] finalize the contract. Depending upon your approval. Mr. Kolb: [inaudible]. Mr. Shepard: I think the question is [inaudible] act. Are we up against the wall, so to speak, or do we have time to study this more? That’s the question. Could we not defer [inaudible] committee or next meeting [inaudible]? Ms. Allen: We could defer it. It’s your choice. The Commission’s decision. But the quicker we respond to it, the quicker we act on it, the quicker that we can improve the services that you are currently receiving on cellular phones. 79 Mr. Mayor: Mr. Mays, is your hand up? Mr. Mays: I guess it is, but I’ll yield to the Administrator. Mr. Kolb: One other thing that’s been brought to my attention as recently as today. Our current phones are in danger of becoming obsolete within the next six to nine months. So that’s how old our technology is. And if we don’t do something pretty soon, number one, we’re at a disadvantage technology-wise, but we’ll also be at the mercy of the cell phone companies to provide service. Mr. Mayor: Mr. Mays? Mr. Mays: Mr. Mayor, what I was going to say. I’m not on Public Safety, I sat in on the, on Chairman Williams’ committee that day and I had some questions in reference to it that probably were along some of the same lines and pretty much I think under the circumstances got an answer for them. I’d like to share this with my colleagues, too, particularly where we’ve got new people coming on that may not have been in there. I just think I can personally go on and vote today. But I think if it is delayed, I think rather than probably questioning the, the RPF process – I think that went fine, but I think if we’re going to, to look at what questions are in there, I think we maybe need to find out how the different departments – if Commissioners want to meet in the interim with the Administrator, with the IT Director, questions such as finding out how every individual department can save money based on the new system maybe versus the old one, because one of the things I was interested in, and George has just brought us, is the fact that I think the options are the key. Because different departments need different things. And if locked under one concrete plan, it is kind of scary. Because what may produce for one department does not get another department in a very economic savings for the City. But I think the key is going to be one type is selected by department heads and approved [inaudible] Administrator, how they will function and flow. That’s where I think you can, you can realize the savings. I don’t think you [inaudible] pretty much [inaudible]. You are going to have some guestimating in this process period. But I think if you’re going to, to, to question it in the interim, if you do have a delay, I think the key thing would be looking at what departments will do what. George mentioned about the, the department head. I know we had one meeting, one committee meeting – well [inaudible] but I think that they’ve done a job that’s Herculean of trying to put this together because we’ve got different departments with different needs and when that, when that department head, and I said in that committee meeting a lot of headlines were made because that particular call cost a lot of money. And it was necessary that that department head be in on the committee meeting at the same time we had an employee that was receiving an industry-wide award. And the department head was there, but at the same time the department head needed to be in our business, too. But had there been an optional plan, that would have given that type of department the leeway to make unlimited situations in long distance calls. It would have been as though they only had a regular call that they were making. This is where I think you can get to the savings, because it allows the departments under historical needs to do what they need to do. So I 80 think if you delay it, those are the kind of questions that might have the [inaudible] and then reach it. But I don’t really think you’re going to need to redo the wheel, to go back through the RPF process. But I agree, I had some questions, how can you reach the savings [inaudible] and I think the key is going to be getting to the plan that you select, what [inaudible] to cover the different parks – it may be because you’ve got a park that’s in deep south Richmond and doesn’t [inaudible] cell phone. The radio has to serve as a backup. It may be where a department head or other departmental people need to be on the phone for long periods of time to discuss certain business, and I think that’s where the [inaudible] needs to be done, but I, too, had questions about it, Don, but I think that’s where we are going to need to ask [inaudible] but I think in fairness to them they will not be able – [inaudible] whether or not you’ve got a [inaudible] give you actual savings and I think some of it’s going to have to be [inaudible] department heads and of how you oversee if. And to say okay, you need to select such-and-such a plan and why you selected it. And I think that gets you to your savings. Mr. Grantham: Look, I don’t want to handcuff anyone from doing a service for the County. I mean for the City. But my point is that when we see things published in the newspaper, they’re talking about the exorbitant costs, and whenever you start giving cell phones to people, and next July we may have to look at an issue of raising taxes, and I think it’s going to be questionable if we are doing our duties. So my point is let’s go ahead and do it, but let’s look over the situation very carefully and if we’re going to, then let’s take some of these telephones away and see if that won’t work and make these citizens out here that vote us in office at least know that we’re trying to take care of some of this business. Mr. Mayor: Anything further? I don’t think we have a motion, do we, Ms. Bonner? The Clerk: Yes, Rev. Williams. Mr. Mayor: We do have a motion to approve? All right. All in favor of the motion to approve the contract then please vote aye. Mr. Grantham votes No. Motion carries 9-1. Mr. Mayor: That takes us to our legal meeting. 32. LEGAL MEETING. Mr. Mayor: Mr. Attorney, do we have an agenda for the legal meeting? Mr. Shepard: I request a legal meeting for the purposes of personnel, Mr. Mayor. Mr. Mayor: All right. Do we have a motion to go into legal session? 81 Mr. Colclough: So move. Mr. Grantham: Second. Mr. Mayor: Motion from Mr. Colclough. Seconded. Seconded by Mr. Grantham. All in favor of recessing into the committee room for the legal meeting, please vote yes. Motion carries 10-0. [LEGAL MEETING] 33. Motion to approve authorization for the Mayor to execute affidavit of compliance with Georgia's Open Meetings Act. Mr. Colclough: So move. Mr. Mayor: We have a motion from Mr. Colclough to authorize the Mayor to sign the affidavit. Is there a second to that? Mr. Mays: Second. Mr. Mayor: Is there any objection? None is heard. The Mayor will sign the affidavit. Motion carries 10-0. [MEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of Augusta Richmond County Commission held on January 6, 2004. ________________________ Clerk of Commission 82