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HomeMy WebLinkAbout01-20-2004 Regular Meeting REGULAR MEETING COMMISSION CHAMBER January 20, 2004 Augusta Richmond County Commission convened at 2:07 p.m., Tuesday, January 20, 2004, the Honorable Bob Young, Mayor, president. PRESENT: Hons. Hankerson, Smith, Colclough, Mays, Grantham, Cheek, Beard, Williams, Sims and Boyles, members of Augusta Richmond County Commission. Also Present: Steve Shepard, Attorney; George Kolb, Administrator; Lena Bonner, Clerk of Commission. Mr. Mayor: Ladies, and gentlemen, we will call to order our Commission meeting. I’d like to welcome Rev. Mark Harris, the pastor of Curtis Baptist Church, who will offer our invocation. I’d ask you to please remain standing and we’re going to ask retired Congressman Doug Barnard to lead us in the Pledge of Allegiance. Please stand. The Invocation was given by the Rev. Mark Harris. The Pledge of Allegiance was recited. Mr. Mayor: Thank you. Please be seated. The Clerk: Rev. Harris, by now you maybe have a collection of these. (Laughter) The Clerk: We would like to thank you for coming in and imparting heaven on our behalf today, and to show you appreciation [inaudible]. Mr. Mayor: Ms. Bonner, are you ready? The Clerk: Yes, sir. Members of the Augusta Commission, we will now how our State of the City Address by the Hon. Bob Young, Mayor. STATE OF THE CITY ADDRESS: Honorable Bob Young, Mayor Mr. Mayor: Thank you very much for the opportunity to come here before the Commission and the public today and talk about the upcoming year in the City of Augusta. Before I begin my formal remarks this afternoon, I think it’s appropriate we note some of the significant changes that have occurred within the Commission. We continue to mourn the untimely passing of Lee Beard. Much has been said of Lee and his legacy, and many tributes have been paid to him in the past couple of weeks. We all miss his friendship and we miss his participation in the policy-making process here on the 1 Commission. We also miss the leadership of Steve Shepard, who serves this Commission now in a new role, that of our chief legal advisor. Steve provided outstanding stewardship as the Finance Committee chairman and he never dodged those tough decisions that came with putting that budget together every year. We are glad to know that Jim Wall, who brought this Commission through the consolidation process, will continue to be available with his legal insight. We also miss Commissioner Ulmer Bridges and Commissioner Bill Kuhlke, who have retired through term limits. Both of these outstanding public servants will long be remembered for their love of this City and hard work they put forth on behalf of this government. I am personally pleased that our Administrator, George Kolb, will continue to serve through this year. George has faced many challenges in his position, but none of us can question George’s integrity, his honesty, or his commitment to his work. We welcome to this chamber our newest members: Betty Beard, Barbara Sims, Don Grantham and Jimmy Smith. Each brings new insight and a strong desire for public service. Already, with what has happened in these chambers, we are seeing 2004 is a year of change. Looking back, 2003 was a very difficult year for government at all levels. The federal government was fully engaged on a global war on terrorism. The state government was dealing with severe budget cuts that threatened basic services. And your local government was asked to pick up the shortfall. In spite of all of this, today I am pleased to report that the state of our City is good. Our accounts are balanced. Our City is safe. Our infrastructure is being updated and expanded. Our employees are performing in an outstanding manner, and this year they will get pay raises. Our administrative leadership is keeping the ship on course. 2003 was a year of accomplishment. Let me mention just a few issues. We completed a state- of-the-art animal shelter, along with three new fire stations. Benchmark 2010, our $415 million utility construction program, accounted for almost 80 miles of water and sewer lines being laid through last year. Our customer service program – Augusta Cares – handled more than 3,000 calls. Public Works spent more than $4.5 million on important road and drainage projects. Our Recreation Department staff and volunteers opened up the Brookfield Gateway Community Park, one of the favorite walking spots of Congressman Barnard, and completed additions to community centers in Doughty Park and McDuffie Woods. The Blue Ribbon Committee of the Human Relations Commission made substantial inroads in changing attitudes to help bring our community together. We completed important management reviews in several departments, including Recreation, the marina and the Tax Assessors Office, all designed to improve accountability and to improve service to our customers. I’m sure each one of you Commissioners and our employees could list many more important projects that were completed in 2003. But it’s clear, last year, the City government did a good job of staying on track. Will Rogers warned us, though, a long time ago, “Even if you are on the right track, you’ll get run over if you just sit there.” So our challenge this year, 2004, is to not just sit, but to continue the progress. And with that progress comes recognition. Last week I was at the White House to receive on behalf of this City from Mrs. Laura Bush our city’s designation as a Preserve America Community, one of the first eight in this country to be recognized for their commitment to preservation of historic and natural resources and heritage tourism. Later this week, our Utilities director, Max Hicks, will be joining me, again in Washington, DC, to receive on behalf of this City the Outstanding Achievement Award in public/private partnerships from U. S. Conference of Mayors. 2 Last year in my state of the city address I laid before you a number of specific initiatives, and your response to each one has made a difference. I asked you to join me in forming a regional organization to work on behalf of Fort Gordon in the upcoming base closure initiative. And without hesitation, you committed $200,000 over two years to seed the CSRA Alliance for Ft. Gordon. Your early involvement was critical and sent the appropriate message to our citizens, our neighboring communities, and to the leadership at Fort Gordon. I talked about a commitment to the ultimate solution for the railroad problem in Augusta – the relocation of the tracks outside of downtown. And to that end you authorized us to apply for a demonstration grant from the federal government to begin the preliminary planning and engineering work. Rep. Max Burns responded to our request and secured $2 million for this important work. I challenged you to fulfill the promise in the consolidation bill to equal employment opportunity for our city workers and more minority business participation in city contracts. Again you responded, and two new positions to support this initiative are included in the 2004 budget. Also, the Minority Business Advisory Committee was formed and is already doing very important work. I asked for your continued emphasis on job creation initiatives, working in concert with the VISTA position in the Mayor’s Office for Workforce Development; you responded. And the Labor Department reports our unemployment rate is falling. More significantly, for the first time in four years, Augusta last year recorded a positive rate of job growth. So much of what we have done in the City depends on a robust and growing economy. And for this year the economy looks bright. According to the U. S. Metro Economies report, Georgia is one of four states that is going to lead the nation in job recovery this year. People continue to invest in Augusta. 2003 was another record year for new construction. The value of new construction topped $153 million last year, and that’s $28 million more than 2002, when we set a record. Those who say our city is stagnant need to do better research. Today we are prepared to position our city as a regional leader. And here are some of the steps I ask you to join me in taking this year. We must redouble our efforts to grow Fort Gordon. Our mission is much broader than simply saying let’s save Fort Gordon. We seek to enhance the $1.2 billion economic impact the Post has on our economy. We want to expand the 17,000 jobs already on the Post. And wee will do this by attracting new missions to Fort Gordon. It’s going to take the commitment of the government, our neighboring governments and all of the people in this area to reach our goal by working through the CSRA Alliance for Fort Gordon. And government cannot do it all. Each of us must ask ourselves what have I done today, what will I do today to help Fort Gordon? Have I joined the local chapter of the Association of the U. S. Army? Have I signed up to work with the CSRA Alliance at Fort Gordon? Have I responded to the invitation to attend an event on Post? Have I included representatives from Fort Gordon on the guest list of my event? Have I shown the soldiers, and the airmen and sailors and Marines on the Post that I appreciate their presence in our city? And I’m sure you can think of many other things, to do. We are proud of our military in Augusta. We’re equally proud of their families and the sacrifices they make in support of our freedoms in this country. And I’ve learned in some very personal ways that our military is proud of this city. The Augusta Marine Corps Reserve unit recently returned from deployment in Operation Iraqi Freedom. They took with them the good wishes of all of the people of this city. And they took with them the symbol of our city, a City flag. And at their homecoming last month, they returned this 3 flat to the City, and it was signed by all of the Marines of the Augusta Reserve who proudly served in Operation Iraqi Freedom. (A round of applause is given.) Mr. Mayor: I think the challenge will be to find a place where we can hang this with proper respect and dignity. Flag exchanges are commonplace as soldiers, both active and reserve and National Guard, leave our city for combat operations. The flags are symbols, but the message behind them is loud and it’s powerful in affirming mutual support. Likewise, our mission on the home front is to send an equally loud and powerful message to our nation’s military planners about Fort Gordon. The Army will make its recommendations on the future of the installations in September, just nine months away. We all know what we have to do as a community. We know what we have to do as a government. And wee know how to do it. And we will act without haste. Fort Gordon is the linchpin in our local economy. There’s no denying that. And we will not fail Fort Gordon. Fort Gordon is one of many things our city is well known for, along with the Masters Golf Tournament, and of course, Mr. Williams, James Brown. And I am proud of how our community, how we’ve weathered the storm of controversy during the Masters Golf Tournament last April. Likewise, I’m proud of the international acclaim James Brown has received with his Kennedy Center Honors. The city he calls home will share that acclaim with a music festival and statue for Mr. Brown later this year. But beyond that, I believe we want to be recognized as a city that sparks innovation and builds for the future. This year we have an opportunity to define that future. No single program has helped this city more over the years than the Special Purpose Local Option Sales Tax, or SPLOST. There’s not a neighborhood in Augusta that hasn’t directly benefited. Street paving, flood control, utility improvements, recreation centers, fire trucks, jail cells, parks. You name it, and you’ll find that the penny tax paid for it. This year we have an opportunity to use this tax to support significant community assets that will improve the quality of life for all Augustans, contribute to redeveloping neighborhoods, enhance visitor experiences and create new jobs. These projects also offer us the innovation to develop new public–private partnerships that will bring private money to the table and the flexibility to maximize our investments. Our citizens committee has spent many months going over the list of projects, taking that list around the city for a series of public hearings. And I want to thank the members of the committee for their service. Soon this Commission will have the opportunity to review the wishes of the citizens, match those wishes with the needs of the government and the community at large, and prepare a final list for voter approval. I strongly urge this body to prepare the list in a way that balances the interests of our eight Commission Districts with the greater needs of the entire city. And we need to present that list in one, single package. One vote up or down. It’s my opinion that the package must include the basic infrastructure needs to maintain and expand our network of roads, to attack drainage problems that lead to flooding, to expand our regional sports facilities, to provide adequate jail space, to give us modern fire-fighting equipment, to provide for suitable space for our courts, and to build facilities to accommodate the expanding missions of our Public Works and Utilities Departments. Three community infrastructure issues must also be included in that single vote, a new civic arena, a performing arts center and a 4 convention exhibition hall. All three of these venues are critical to the visitor experience in Augusta. All three are important to the quality of life for those who live here year- round. All three are regional facilities. All have the support of professionally completed feasibility studies. All three will bring redevelopment to hurting parts of our city. All three will create jobs for Augustans. Collectively, all three make an important statement about our commitment to the future. We must act, and with your help our city will act. Henry Ford said, “You can’t build a reputation on what you are going to do.” So the time is here to move on. I’ve been working on the civic arena initiative for over three years now. It’s been massaged, it’s been refined, and I truly believe that we are now positioned to hit a home run with the arena in the heart of the Rocky Creek Enterprise Zone. The arena will be only one of many elements that will bring new life, new investment, new jobs, new homes, new families and a fresh new face to an area of our city that is on the verge of blight. Private investors have offered to join us. These partnerships work. They work in other cities. They can work in Augusta, Georgia. And properly run arenas can make money, despite what the project’s detractors would have you believe. The brand new arena in Gwinnett County, not even a year old, is a profit center for subsidizing other public venues in that county. But we don’t build arenas to make profits. We build them to enhance the quality of life for our citizens. And if we simply break even, then we’ve done our job. As for the performing arts center, our current SPLOST provided the money for that study. The arts groups have pledged to support the center. Our local performing arts groups deserve state-of-the-art, world-class facilities for their productions. Students of the arts need professional facilities to hone their talents. The patrons – the people of Augusta – you and me -- deserve presentations in modern venues. I’m asking you to support building something Augusta does not have and never has had. It’s our city’s turn to take the stage. Likewise, our city is losing convention business, and not because of a lack of hotel rooms, but because of a lack of adequate exhibition space. The hospitality industry provides thousands of jobs in Augusta. We can put even more people to work to service the increasing number of visitors who will come to our city. The Metropolitan Augusta Convention and Visitors Bureau has taken the leadership to demonstrate the need for the exhibition hall. Again, a professional feasibility study has been completed. So I call on the Commission to support our hospitality industry by providing the most modern exhibition center of any city in the Southeast. Now these three projects together could well account for half of the money a limited SPLOST will generate. But consider the return on the investment. All three are revenue generators. All three will create jobs. All three of these facilities will provide activities that will generate new sales tax. All three will give people new reasons to come to Augusta. And for people to stay in Augusta. All three will enhance Augusta’s reputation in the Southeast as a progressive, modern community. I urge you to be bold. I urge you to put these three projects into the same package with all the other projects and then ask the voters to cast one single vote that sends a resounding statement. Visitors also come to our city for its natural beauty. And the greatest natural resource we have is the Savannah River. It provides our citizens with beauty, recreation, commerce, a tourist attraction, and our drinking water. It provides to the city with canal water that is used to generate electricity. As much as the Savannah River represents our history, more importantly today, it represents our future. We must protect our river from threats that would endanger or destroy this resource. Augusta has a strong voice and has used it to fight 5 inter basin transfers and permit trading. But we cannot win this battle alone. Just as the President formed coalitions in the war on terrorism, we must form a coalition to protect the Savannah River. Half our basin is in South Carolina, where a Georgia city has little influence. This is why we must work diligently this year with our federal legislators and other public and private interests in the Savannah River Basin to organize and federally charter the Interstate Commission on the Savannah River. The Interstate Commission will speak with a unified voice for those stakeholders up and down the river. The Commission will have a role in educating policy makers on the importance of protecting our basin. The Commission will have standing to be a consulting party in any endeavor that would have adverse consequences on our river basin. What the Commission will not be is a regulating body. It will, however, work closely with regulators at the local, state and federal levels to protect the river basin. Timing is important, too. Activity is picking up at both the federal and the state levels. Last year I was called to Washington, D.C. twice to testify before Congress on critical water issues. The Georgia General Assembly and the Governor have put water at the forefront in their deliberations this year. We must be prepared to respond. So I urge your support for the creation of the Interstate Commission on the Savannah River as our advocate for the future of our most important natural resource. Today I’ve talked about important issues that will shape the future of our city and our region. But other matters demand our attention this year. In order to provide the best services for our citizens, we have to identify and assemble the resources to do the job. We’ve been moderately successful in securing state and federal grants to address some of our immediate needs. However, we leave too much money on the table each year because our efforts are not focused. For example, last year the City of Savannah received a quarter million dollars from the federal government to pay for police overtime. We didn’t receive any, and had to raise property taxes for public safety. I am calling on the Commission this year to take the long overdue step to create the position of grants coordinator. This employee, added to our Finance Department staff, would have the responsibility of identifying and applying for funds that will enhance the quality and scope of our city services. Let me say that I am not one for expanding the size of this government, but an effective grants coordinator position will pay for itself many times over. This person will work with all of our departments to identify programs ripe for supplemental funding through state and federal programs. This person will also mine the millions of dollars available each year through private foundations. Not only can this person increase the resources available to our government, but can also work with the Mayor’s Office of Community Service, another VISTA position, to assist the dozens of non-profit and faith-based agencies in our city to increase their capacity at a time when their resources are shrinking. I am also convinced the time is here to more forward with one other position. We have over 9, 000 businesses licensed in our city. Each year, businesses provide work for tens of thousands of our citizens. New businesses are always looking at us, considering Augusta for their next investment. We must do a better job of servicing our existing businesses and recruiting new businesses. Business needs to be in a position to have a friend at city hall that can cut through regulatory red tape. Business needs one single point of contact, who can move throughout our organization to make doing business with our city a pleasure. A business-friendly reputation will pay for itself over and over again. For the past couple of years we have talked about creating the position of business liaison within our government. With the economic signs pointing to 6 increased activity this year, I believe now is the time to act. I also believe it is time for this government to form partnerships with federal agency programs to reduce our energy costs and clean up our environment. I am calling on the Commission this year to authorize the city’s participation in the Department of Energy’s Clean Cities program and the Environmental Protection Agency’s Energy Star program. Both of these programs will save us money and contribute to energy efficiency. Through the Clean Cities program, DOE will help Augusta form a voluntary, public-private partnership that will work to improve local air quality and stimulate the local economy by increasing the use of alternative fuels and alternative fuel vehicles. Clean Cities creates an effective local plan for developing a sustainable alternative fuels market. Cities active in the Clean Cities program are eligible for competitive grants to purchase alternative fuel vehicles, develop refueling stations and infrastructure, deploy alternative fuel school buses and develop alternative fuel vehicle platforms. Likewise, the EPA Energy Star program will demonstrate Augusta’s commitment to energy-efficient operations. For example, EPA technical assistance in construction, which came at no cost, has saved the City of San Diego $80,000 a year in energy expenses on its new office building. These programs and others are not only good business, but will position Augusta as a leader in government innovation. Good business practices require making good decisions based on good information. We have seen examples as recently as a month ago, that our building programs can quickly get ahead of our general fund, which provides the resources to operate and maintain these new facilities. The Mayor and Commission simply need better planning on the front end of these projects so that we can make better decisions on the impact of the back end of these projects. So I call on the Commission this year to adopt an ordinance requiring an operational cost analysis for every significant capital improvement project we undertake. I ask for the requirement to be embodied in law, because of the emphasis and the performance that we should attach to each one of these activities that we do. We want to make it permanent. Operational impact statements, as I call them, would be a required part of the initial planning for these capital projects. We would know before we build them how much it’s going to cost us annually for things like staffing and utilities. Perhaps we’ll discover that a project is simply cost prohibitive before we spend money on it. Or we’ll find other, more cost-effective ways to proceed. Such planning is a sorely needed step in the way we do business in this building. 2004 is going to be a busy year for each one of us. To address the growing problems of community appearance, I am working with the Administrator’s office right now to form a task force of city departments to target problem areas with concentrated and aggressive enforcement. You’ll be hearing much more in the coming months about “Project Clean Sweep.” Also ahead, this year we have crucial elections. The modern pit facility mission for Savannah River Site. Jail overcrowding to deal with. Expanding out Greenspace. Brownfield cleanups. Construction projects. Balancing our budget. Just to name a few of the heavy issues that are on our plate. With focus and purpose and working together, I am convinced that the City of Augusta can have one of its best years ever. The task ahead reminds me of the Biblical documentation of Nehemiah’s quest to rebuild the wall around Jerusalem. The ruins of that wall surrounded the once-glorious City of David for some 160 years after the Babylonians knocked it down. Nehemiah believed in his heart that he had been called to quiet the moans and the desperation of the people of Israel by building a new wall. So here he comes with little material, but with a specific plan for 7 rebuilding. And in just 52 days, Nehemiah and his recruits erected a perfect wall around the city. The Biblical account is an inspiration for those with a dream - stake out your mission, set your goals. Nehemiah saw the wall in his mind, he shared his dream with those who could help, and then activated his plan. That’s what realistic goal setting is all about. As a city government, we can look to Nehemiah for our inspiration for 2004. We can be builders and do some of the greatest building this city has every seen. I want to thank you for your attention today. May God continue to bless this Commission and God bless the City of Augusta. Thank you. (A round of applause is given.) Mr. Mayor: I apologize for running a little long, but I invoke the Mays rule. (Laughter) Mr. Mayor: Madame Clerk, we’ll proceed with the agenda, please. The Clerk: Yes, sir. RECOGNITIONS: A. Preserve America Community designation (Requested by Mayor Young) The Clerk: Now we would like to recognize Augusta as Preserve Community designation, as a Preserve American Community Designation. Mr. Mayor? Mr. Mayor: Thank you, Madame Clerk. You’ll notice in your backup there’s a press release from Washington with respect to the Preserve American Community designation. I wanted to share it with everyone here today. This is the certificate that was presented to us by the First Lady at the White House last week. And we will get it framed and hang it in an appropriate place. The art work will be available to us to use for signs within the community, to use on banners, in appropriate places and what-not. But we’re really pleased that at the same time the First Lady recognized Augusta and seven other cities as the first Preserve America Communities that she indicated the President would seek $10 million in new funding for historic preservation that would be available exclusively to Preserve America Communities. So we have another pot that we can to a point. Okay. Next? The Clerk: B. Barton Chapel Elementary School (Requested by Commissioner Colclough) Mr. Sylvester Brown, Principal, Dr. Eleanor Willingham, Reading Excellence Art Literacy Coach, Ms. Dorothy Perry, Title I Instructional Specialist, Ms. Nancy Lovelace, America’s Choice Coach and Ms. Mary Beckum, Kindergarten Teacher. The Clerk: The delegation members from Barton Chapel, please join the Mayor and Commissioner Colclough at the podium. That will be Mr. Sylvester Brown, 8 principal; Dr. Eleanor Willingham, reading excellence art literacy coach; Ms. Dorothy Perry, Title I instructional specialist; Ms. Nancy Lovelace, America’s Choice coach; Ms. Helen Minchew from the Board of Education is here. Would you please join them, Ms. Minchew? The Mayor and members of the Commission today would like to recognize Barton Chapel Elementary School for achieving the honor of School of Choice. In addition to receiving Reading Excellence [inaudible] grant and receiving the Adequate Yearly Progress award, and the Georgia Title I recognition and Distinguished School Award. Also, for being chosen to participate in the Effective Practices School Research Project. The City of Augusta recognizes and applauds your commitment to academic excellence. Congratulations, Barton Chapel. (A round of applause is given.) Mr. Colclough: [inaudible] Congratulations to all of you. Mr. Mayor: You want to make a speech or anything? Mr. Speaker: [inaudible] (A round of applause is given.) Ms. Minchew: [inaudible] recognition and also [inaudible] staff present here and also all of the teachers at Barton Chapel [inaudible]. (A round of applause is given.) The Clerk: PRESENTATION: The Buffalo Soldiers Motorcycle Club to the Augusta Recreation and Parks Department Youth Scholarship Foundation. The Clerk: Mr. Mr. Beck, Mr. Howard. Mr. Speaker: Mayor Young, Commissioners, ladies and gentlemen, my names is James [inaudible]. I am one of the founders and current president of an organization known as the National Association of Buffalo Soldiers Motorcycle Club, currently Augusta, Georgia. We are here today to present a check to the Augusta Parks & Recreation on behalf of our organization. Our organization exists to promote a positive image and give back to our community. Although we ride motorcycles, we’re still the good guys. (Laughter) (A round of applause is given.) 9 Mr. Beck: Mr. Mayor, members of the Commission, on behalf of the Recreation & Parks Department, we graciously accept this donation, but mainly on behalf of the 35 kids that this money will go to in helping them participate in athletic programs that our scholarships fund. So what you are doing is making a difference. Thank you very much. (A round of applause is given.) The Clerk: EMPLOYEE OF MONTH AWARD: Ms. Lynda Anderson Trees and Landscapes/Public Works Department The Clerk: We ask Ms. Lynda Anderson, Ms. Teresa Smith, Director of Public Works, and those -- Mr. Derek Vanover, would you please join the Mayor at the podium? Mayor Young, the Employees Recognition Committee has selected Ms. Lynda Anderson with the Public Works/Trees and Landscape Division as Employee of the Month for December, 2003. Ms. Anderson has worked for the City of Augusta for over 25 years. Her duties include assisting with all aspects of Westview Cemetery, tracking burial records, and assisting with funerals and grounds care. She was nominated by her supervisor, Derek Vanover, who states: Lynda always has a smile on her face. She works well with bereaved families, assisting with arrangements and completing all necessary paperwork. She is truly an ambassador for the City. Since Lynda has taken on the role of record keeper, complaints have drastically reduced. A major reason for this is the one-on-one attention she gives the citizens. The reason I feel Lynda deserves this award is Lynda’s help during recent holidays. When some unforeseen emergency arose, Lynda volunteered to come in from vacation to assist. She’s always reaching out to assist and is always courteous to all sections of our division. The committee felt that based on Mr. Vanover’s recommendation and Ms. Anderson’s attributes, she should be awarded the Employee of the Month. Mr. Vanover further states that her personal commitment to her grandchildren is a true example of her heart and the manner in which she lives her life. The Committee would appreciate you joining us in awarding Ms. Lynda Anderson Employee of the Month for the month of December. Congratulations. (A round of applause is given.) Ms. Anderson: Thank you. Mr. Mayor: Congratulations. The Clerk: Mr. Mayor, at this time, we’d like Mr. Chris James and the Employee of the Month Committee to please come forward for the recognition of the Employee of the Year award. EMPLOYEE OF THE YEAR AWARD 10 Mr. James: As we do every year, we’d like to -- before we give out the Employee of the Year Award, we’d like to give a brief explanation of what the program is. In order to reward Augusta employees for exceptional performance and as an incentive to be a better worker for Augusta, an Employee of the Month award was established. Each month, an employee of Augusta will be honored and will receive the Augusta Employee of the Month award. A personalized letter of congratulations from the Mayor and one day of approved leave with pay. The Augusta Employee of the Month is notified by the Employee Recognition Committee, and the award is presented at the regular Commission meeting and a press release is issued. What I want to do at this point is introduce you to the members other than myself of the Employee Recognition Committee. We have Ms. Linda Hand from Parks & Rec, Mr. Travis Doss from the Board of Elections, Mr. Jim Williamson from Public Works, Ms. Joyce Ford from Housing & Neighborhood Development, and Ms. Temesha Jennings from Human Resources. Ms. Ford: Good afternoon, I’m Joyce Ford, and I represent Housing & Neighborhood Development Department, where my Director is Mr. Warren Smith. He’s over in the corner. I just would like to introduce -- and we would like for you to come forward -- all the winners for 2003, and also the winner for December 2002. We start with year December 2002 and we end with November 2003. Our December, well, our Employee of the Year would start next year 2004. So please, as I pronounce your name, if you’re here, would you please come forward and join us up front? Riley Perry, December 2002, Fire Department. Glenn Dukes, January 2003, Public Works. Todd Thomas, February, Public Works. Lt. Tangela McCorkle, March, Augusta 9-1-1 Center. Mary Dickens, April, District Attorney’s office. Roy Jones, Roy Sears, Jim Herbert, May, Recreation & Parks. Martha King, June, Augusta Cares. Harvey West, July, Augusta Utilities. Hattie Hogan, August, Housing & Neighborhood Development. John Stearley, September, Augusta Regional Airport. Rose White, October, Housing & Neighborhood Development. Ms. White could not be here today. She’s out on sick leave. Other than that, I’m sure she would have been with us. And last, but not least, Leroy Anderson, November, Augusta Utilities. (A round of applause is given.) Ms. Jennings: We call on Brenda Byrd-Pelaez. She’s part of the HR Department, she’s the Director of HR, and this is one of the programs through that department. Brenda would like to say a few words. Ms. Pelaez: Hello. I am very proud of each and every one of you. You representing our continuing commitment to excellence. What we tried to do this year is more than just having a cake, we’ve gone one step further and we have a catered ceremony for you. That is to follow this presentation. It’s going to be in the jury room, 218. For our winner this year, in addition to the award, we also purchased a DVD camera and a $50 gift certificate to Calvert’s restaurant. So we’re hoping that this will spur someone to continue to have that commitment to excellence and try to compete with the other employees and become Employee of the Year, as well as becoming Employee of the Month. Thank you very much again. 11 (A round of applause is given.) Mr. Kolb: Mr. Mayor, members of the Commission, we have 2,600 employees in this organization, in fact 2,600+. And who you see standing here before you right now represent the very best of excellence that this organization has to have. They have a tremendous commitment to customer service, they have a tremendous commitment to see this community succeed. And I’d like to personally congratulate them and congratulate them on behalf of the employees of this organization for achieving such a pinnacle of success. I’d also like to recognize the Employee Recognition Committee. The men and women that serve on this committee have truly gone beyond the call of duty in terms of finding someone every month. Even though we have a pool of 2,600 people, it takes a special person to be recognized as Employee of the Month. And as they’re about to make the announcement of Employee of the Year, I hope that you will be as proud as I am of not only these employees who represent Augusta so well, but also of this organization. (A round of applause is given.) Ms. Jennings: Every year it gets tougher and tougher. I’ve been on the committee for like 3-1/2 years now. The first year it was kind of easy, second year got a little bit harder, this year was even tougher. And I think we met for an hour-and-a-half and had argument after argument. But this year’s winner is John Stearley from Augusta Regional Airport. (A round of applause is given.) Mr. Stearley: Well, I really don’t know what to say. I really thank the staff at Augusta Regional Airport. They stood behind me and I’d like to thank everybody that had anything to do with this. Thank you. (A round of applause is given.) Mr. Mayor: The next item, Madame Clerk, is the consent agenda. The Clerk: Yes, sir. Mr. Mayor: You want to go through the zoning and the alcohol petitions? The Clerk: Yes, sir. Mr. Mayor: If we have any interested parties here. The Clerk: Our consent agenda consists of items 1 through 36. That’s items 1 through 36. For the benefit of any objectors, the petitions will be read, and if there are any objectors to any of the petitions, as they’re read, would you signify your objection by raising your hand? 12 PLANNING: 1. Z-04-01 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Rodney and Alice Brown requesting a Special Exception to establish a Family Day Care Home per Section 26-1 (f) affecting property located at 2614 Billings Road and containing .23 acres (Tax Map 130 Parcel 217) DISTRICT 4 2. Z-04-02 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Geoffrey E. Gadsden, on behalf of Oliver Davis, Jr., requesting a Special Exception to establish a Family Personal Care Home per Section 26-1(f) affecting property located at 3326 Hillis Road and containing .24 acres. (Tax Map 108 Parcel 175) DISTRICT 5 3. Z-04-03 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Tony Atkins, on behalf of Archer Daniel Midland Company requesting a Special Exception in a HI (Heavy Industry) Zone to establish an auto wrecking yard per Section 24-2 (a) affecting property located at 960 Molly Pond Road and containing 38.28 acres. (Tax Map 73-1 Parcel 91) DISTRICT 1 4. Z-04-04 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the following conditions 1) the only use allowed be the sale, repair and rental of outdoor equipment; 2) that all equipment storage be south of the north edge of the former residential structure which will be retained; 3) all solid board fencing will be maintained on the perimeter as it exists today; a petition by Stephen Dye, on behalf of William B. Dye, requesting a change of zoning from Zone R-1A (One-family Residential) and B-2 (General Business) to Zone B-2 (General Business) affecting property located at 3357 Peach Orchard Road and 2102 Balfour Street and containing 1.34 acres. (Tax Map 122-3 Parcels 48 & 50) DISTRICT 6 5. Z-04-06 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the conditions 1) that the only B-2 use be a gas/food mart or a truck stop; 2) the only other use of the property be uses allowed in the B-1 zone; a petition by Lorenz Quinn, on behalf of W. B. Simmons requesting a change of zoning from Zone A (Agriculture) and R-1 (One-family Residential) to Zone B-2 (General Business) affecting property located Brown Road and Mike Padgett Hwy. at Tax Map 234 Parcel 4 and containing 2.0 acres. DISTRICT 8 6. Z-04-08 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that the development be limited to 8 lots a petition by Re/Max of Augusta, on behalf of the Estate of Elizabeth Gatch, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R- 1C (One-family Residential) on property located Rosier Road and Mount Vernon Drive on 4.75 acres. (Tax Map 132-2 Parcel 81.09) DISTRICT 6 7. Z-04-09 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Delma W. Gunn requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) on property located on 3902 and 3904 Wrightsboro Road and containing 4.39 acres. (Tax Map 39 Parcels 69& 70). DISTRICT 3 13 The Clerk: Are there any objectors to those planning petitions? Mr. Mayor: Mr. Patty? Mr. Patty: The applicant on number 6, Z-04-08, has asked that that be withdrawn without prejudice. 6. Z-04-08 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that the development be limited to 8 lots a petition by Re/Max of Augusta, on behalf of the Estate of Elizabeth Gatch, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R- 1C (One-family Residential) on property located Rosier Road and Mount Vernon Drive on 4.75 acres. (Tax Map 132-2 Parcel 81.09) DISTRICT 6 Mr. Colclough: So move. Mr. Mayor: Is there any objection to withdrawing item 6? No objection is heard, so let’s consider that one, not part of the consent agenda then. The Clerk: Want to read the alcohol petitions? Mr. Mayor: Yes, if you’ll read the alcohol, then I think we’ve got some things we’re going to try to add to the consent agenda. The Clerk: Okay. Mr. Mayor: So you can go through the alcohol ones. The Clerk: PUBLIC SERVICES: 12. Motion to approve a request by William Shirley for a Sunday Sales license to be used in connection with American Legion Post # 63 located at 90 Milledge Rd. District 1. Super District 9. (Approved by Public Services January 12, 2004) 13. Motion to approve a request by Shannon Lieu for an on premise consumption Liquor, Beer & Wine license to be used in connection with Augusta Lounge located at 1524 Gordon Hwy. There will be dance. District 2. Super District 9. (Approved by Public Services January 12, 2004) 14. Motion to approve a request by Kihwan Kim for a retail package Beer & Wine license to be used in connection with DLS Convenience Store located at 3741 Mike Padgett Hwy. District 8. Super District 10. (Approved by Public Services January 12, 2004) 15. Motion to approve a request by Carolyn Rodriquez for an on premise consumption Liquor, Beer & Wine license to be used in connection with Rio Bomba Hispanic Restaurant and Bar located at 2906 Peach Orchard Rd. There will be 14 dance. There will be Sunday sales. District 6. Super District 10. (Approved by Public Services January 12, 2004) 16. Motion to approve a request by Gloria Steffen for an on premise consumption Beer license to be used in connection with Sergeant’s Five located at 2960 Old Highway #1. There will be dance. District 4. Super District 9. (Approved by Public Services January 12, 2004) 17. Motion to approve a request by Lisa Sanchez for an on premise consumption Liquor, Beer & Wine license to be used in connection with Emilio’s Italian Restaurant located at 3044 Peach Orchard Road. There will be Sunday sales. District 1. Super District 9. (Approved by Public Services January 12, 2004) The Clerk: Are there any objections to those alcohol petitions? Mr. Mayor: None are noted, Madame Clerk. I think we’ve got some other items we can add to the consent agenda. Mr. Cheek, did you? Mr. Cheek: Yes, sir, Mr. Mayor. I met with the property owner on item 38 and several of the neighbors. I’m satisfied that he has the best interest of the community at heart and will taken actions to improve the aesthetics and I urge 38 be moved to the consent agenda and approved. Mr. Mayor: All right. Madame Clerk, if you’ll do that. The Clerk: Okay. Mr. Mayor: Can we move item 39 to the consent agenda, or did you want to have some discussion, Mr. Hankerson? Mr. Hankerson: I’d like to -- we have Mr. Warren Smith here, and I’d just like for him to address this. Mr. Mayor: All right, we’ll hold it out then. Item number 41, Mr. Mays, I think you had -- Mr. Mays: Yes, Mr. Mayor. Mr. Mayor: 41 and 41A. Mr. Mays: What I’d like to do so, on the standing committees, if at all possible, to add them to the consent agenda. Madame Clerk, if we could pass those out and sometimes this is not a perfect science, ladies and gentlemen, thank everybody for cooperating fully. We asked for one, two or three choices on these committees, and somehow or another I still was not able to make that fit. So I took the obvious choice off to make it fit. If you’ll notice the Mayor Pro Tem does not have a standing committee, nor is the Mayor appointed to anything, so we’re the two that’s not listed on there, in order to try and make that work, and so every one of those committees is very valuable to 15 this City and the people that we serve, and if it does not work out, if it’s a partner that wants to willingly swap with you, that’s been done in the past and that’s no precedent that’s been set on that as well. But I tried to give at least each person in terms of their first or second or in some case third choice of where they were going with the particular committees, and if it’s, if it’s no objection or if there is some discussion, it can stay on the regular agenda. If not, I’d like to see it added over to consent. Mr. Mayor: Okay. And what about 41A, Mr. Mays, the RDC? Okay. Mr. Cheek: I’d just like to nominate Commissioner Betty Beard to occupy that seat, in 41A. Regional Development Mr. Mayor: All right. What’s your pleasure, ladies and gentlemen? You want to try to move this to the consent agenda, or if you’d like to have some discussion about the list we’ll hold it as a separate item. Whatever your pleasure is. Yes, Mr. Hankerson? Mr. Hankerson: I was just thinking that, I don’t know whether this is the proper time, but if we could add the Assessor’s Board to that. I think it’s necessary to have someone from the Commission on the Assessor’s Board, according to the report that we received from the State. Mr. Mayor: Mr. Shepard, I think these positions are set out in ordinance or statute or something. It’s not something similar to this with the Assessor’s Board. I think, Mr. Hankerson, that’s why we’re doing it. Mr. Shepard: [inaudible] various statutes and I [inaudible] Mr. Grantham this morning. The Board of Assessors wanted to bring all of their business to us on the first meeting in February [inaudible] Mr. Hankerson: That’s fine. I just thought it was necessary for us to have a person on there from the Commission. Mr. Shepard: If we can do that as part of that entire process -- Mr. Hankerson: Okay. Mr. Shepard: -- I think that would be the appropriate time. Mr. Hankerson: Thank you, Mr. Shepard. Mr. Mayor: All right, so if there is no objection, we’ll add 41 and 41A to the consent agenda, Madame Clerk. Mr. Shepard: Mr. Mayor, are we going to designate a Public Safety chairman, [inaudible] Mr. Williams in this 911 Committee, you have it Public Safety Chairman. 16 The Clerk: You want me to read them for the record? Mr. Shepard: I think just attach it for the record. The Clerk: Okay. Mr. Shepard: Don’t we just want to designate Public Safety Chairman Williams as that, not just Public Safety Chairman, but designated by name? Mr. Mayor: Do you want to read the list for the record? The Clerk: Yes, sir. Mr. Mayor: Okay. The Clerk: 41. Assignment of ex-officio members to the various ARC Boards, Commissions and Authorities. ?? Richmond County Board of Health (Tommy Boyles) ?? Augusta Aviation Commission-Bush Field (Richard Colclough) ?? Greater Augusta Arts Council (Barbara Sims) ?? ARC Planning Commission (Marion Williams) ?? ARC Library Board (Jimmy Smith) ?? General Aviation Commission -Daniel Field Airport (Don Grantham) ?? Richmond County Board of Education (Andy Cheek) ?? Family Connection (Bobby Hankerson) ?? Richmond County Hospital Authority (Betty Beard) ?? 911 Committee (Marion Williams – Chairman of Public Safety Committee) Mr. Mayor: And then the RDC. The Clerk: 41A. Appointment to the Regional Development Commission to replace Commissioner Lee Beard (Betty Beard). Mr. Mayor: Could we add item 43 to the consent agenda, which is just the rescheduling of our next meeting? Any objection to that? Okay. Madame Clerk, if you’ll add that to the consent agenda. Okay. I think we’re ready then. We’ll take a motion to approve the consent agenda. The Clerk: I move for approval. Mr. Cheek: Second. 17 Mr. Mayor: It’s been moved and seconded. Now would you like to pull any items for discussion? Mr. Cheek? Mr. Cheek: 36, please. Mr. Mayor: Item 36 for Mr. Cheek. Okay. The Clerk: What number? Mr. Mayor: 36. Mr. Williams? Mr. Williams: Number 8, Mr. Mayor. Mr. Mayor: Okay. Mr. Williams: Need some clarification on 8. Mr. Mayor: All right. Anyone else. Mr. Grantham? Mr. Grantham: 26. Mr. Mayor: 26 for Mr. Grantham. So far we’ve had requests to pull 8, 26, and 36. Are there any others? Mr. Mays? Mr. Mays: Number 3. Mr. Mayor: Number 3 for Mr. Mays. Ms. Beard: Number 33. Mr. Mayor: I’m sorry, Ms. Beard, I didn’t see your hand. Ms. Beard: 33. Mr. Mayor: 33. 33 for Ms. Beard. All right, we have the consent agenda. Mr. Shepard? Mr. Shepard: We need to amend the caption of item 24 to collect 50% of the revenues currently derived as of the date of the execution of this agreement by the consolidated government from the levy of the 6% of the hotel/motel excise tax and 30% of the revenues currently derived as of the date of the execution of this agreement by the consolidated government from the levy of the beer tax subject to the final approval of myself and the Administrator. Mr. Mayor: This is consistent with the current language? 18 Mr. Shepard: It is. Mr. Mayor: Okay. Mr. Shepard: And I’d like it be approved subject to my final approval [inaudible] administrative approval [inaudible]. Mr. Williams: Yes, sir, appreciate that, Attorney. You’re doing a good job. Mr. Hankerson: Can’t hear down here. I don’t know what’s going on. Mr. Shepard: I’m passing out some language that more accurately defines what we’re doing in that item. Mr. Mayor: The caption is not written correctly. Mr. Hankerson: Which item is that? Mr. Mayor: 44. The item the Attorney passed around more accurately reflects the language and corrects the deficiency in the caption. Mr. Hankerson: That wasn’t pulled? Mr. Shepard: No, it was not pulled. Mr. Mayor: It was not pulled. Mr. Shepard: That’s why I’m asking -- Mr. Mayor: Just making sure we have the correct language. Mr. Hankerson: Thank you, sir. Mr. Shepard: It will still be subject to my approval [inaudible]. PLANNING: 1. Z-04-01 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Rodney and Alice Brown requesting a Special Exception to establish a Family Day Care Home per Section 26-1 (f) affecting property located at 2614 Billings Road and containing .23 acres (Tax Map 130 Parcel 217) DISTRICT 4 2. Z-04-02 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Geoffrey E. Gadsden, on behalf of Oliver Davis, Jr., requesting a Special Exception to establish a Family Personal 19 Care Home per Section 26-1(f) affecting property located at 3326 Hillis Road and containing .24 acres. (Tax Map 108 Parcel 175) DISTRICT 5 3. Deleted from the consent agenda. 4. Z-04-04 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the following conditions 1) the only use allowed be the sale, repair and rental of outdoor equipment; 2) that all equipment storage be south of the north edge of the former residential structure which will be retained; 3) all solid board fencing will be maintained on the perimeter as it exists today; a petition by Stephen Dye, on behalf of William B. Dye, requesting a change of zoning from Zone R-1A (One-family Residential) and B-2 (General Business) to Zone B-2 (General Business) affecting property located at 3357 Peach Orchard Road and 2102 Balfour Street and containing 1.34 acres. (Tax Map 122-3 Parcels 48 & 50) DISTRICT 6 5. Z-04-06 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the conditions 1) that the only B-2 use be a gas/food mart or a truck stop; 2) the only other use of the property be uses allowed in the B-1 zone; a petition by Lorenz Quinn, on behalf of W. B. Simmons requesting a change of zoning from Zone A (Agriculture) and R-1 (One-family Residential) to Zone B-2 (General Business) affecting property located Brown Road and Mike Padgett Hwy. at Tax Map 234 Parcel 4 and containing 2.0 acres. DISTRICT 8 7. Z-04-09 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Delma W. Gunn requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) on property located on 3902 and 3904 Wrightsboro Road and containing 4.39 acres. (Tax Map 39 Parcels 69& 70). DISTRICT 3 8. Deleted from the consent agenda. 9. ZA-R-163 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to Section 21-1 by deleting “Retail filling station” as a permitted use. 10. FINAL PLAT – ELDERSBERRY (FKA ELDERS RIDGE) – S-658 - A petition by James Swift & Associates, on behalf of C & L Development, Inc., requesting final plat approval for Elderberry Subdivision. This development is located on Dyess Parkway and Harper Franklin Drive and containing 48 lots. PUBLIC SERVICES: 11. Motion to approve a resolution to authorize a pre-application to be filed with the Georgia Department of Natural Resources for a Land and Water Conservation Fund (LWCF) grant for improvements to Meadowbrook Community Park. (Approved by Public Services January 12, 2004) 12. Motion to approve a request by William Shirley for a Sunday Sales license to be used in connection with American Legion Post # 63 located at 90 Milledge Rd. District 1. Super District 9. (Approved by Public Services January 12, 2004) 13. Motion to approve a request by Shannon Lieu for an on premise consumption Liquor, Beer & Wine license to be used in connection with Augusta Lounge located at 1524 Gordon Hwy. There will be dance. District 2. Super District 9. (Approved by Public Services January 12, 2004) 20 14. Motion to approve a request by Kihwan Kim for a retail package Beer & Wine license to be used in connection with DLS Convenience Store located at 3741 Mike Padgett Hwy. District 8. Super District 10. (Approved by Public Services January 12, 2004) 15. Motion to approve a request by Carolyn Rodriquez for an on premise consumption Liquor, Beer & Wine license to be used in connection with Rio Bomba Hispanic Restaurant and Bar located at 2906 Peach Orchard Rd. There will be dance. There will be Sunday sales. District 6. Super District 10. (Approved by Public Services January 12, 2004) 16. Motion to approve a request by Gloria Steffen for an on premise consumption Beer license to be used in connection with Sergeant’s Five located at 2960 Old Highway #1. There will be dance. District 4. Super District 9. (Approved by Public Services January 12, 2004) 17. Motion to approve a request by Lisa Sanchez for an on premise consumption Liquor, Beer & Wine license to be used in connection with Emilio’s Italian Restaurant located at 3044 Peach Orchard Road. There will be Sunday sales. District 1. Super District 9. (Approved by Public Services January 12, 2004) PUBLIC SAFETY: 18. Motion to approve and sign Annual Support Agreement with SunGard Bi- Tech, Inc. for the period covering January 1, 2004 to December 31, 2004. (Approved by Public Safety January 12, 2004) 19. Motion to approve and sign Standard Software Maintenance Agreement with New World Systems, Inc. for the period covering January 1, 2004 to December 31, 2006. (Approved by Public Safety January 12, 2004) FINANCE: 20. Motion to approve a request from the National Association for the Advancement of Colored People regarding city sponsorship through the purchase of tickets for the annual Martin Luther King, Jr. Freedom Fund Banquet. (Approved by Finance Committee January 12, 2004) 21. Motion to approve a request from Alpha Phi Alpha Fraternity, Inc. regarding city sponsorship through the purchase of tickets for the Seventh Annual Unity Breakfast. (Approved by Finance Committee January 12, 2004) 22. Motion to approve a request from the South Augusta Rotary Club regarding the purchase of tickets for the benefit for Youth Challenge Academy. (Approved by Finance Committee January 12, 2004) 23. Motion to approve setting and publishing the qualifying fees for local offices appearing on 2004 General Election Ballot. (Approved by Finance Committee January 12, 2004 24. Motion to approve the reinstatement of the percentage language of (three cents plus 30% of the alcohol) in the renewal contract between Augusta, Ga. and the Coliseum Authority and the refinancing of the Coliseum Authority’s bond indebtedness. (Approved by Finance Committee January 12, 2004) 21 25. Motion to approve a request from the Terry College of Business and The th University of Georgia for the purchase of tickets for the 14 Annual Augusta Economic Outlook Luncheon Friday, January 23, 2004. (Approved by Finance Committee January 12, 2004) 26. Deleted from the consent agenda. ENGINEERING SERVICES: 27. Motion to approve the concept of an audit of the performance of Operations Management International, Inc. (OMI) under their current agreement with Augusta for Water Pollution Control Plant Operations. (Approved by Engineering Services Committee January 12, 2004) 28. Motion to approve Change Order #1 in the deductive amount of $39,001.49 to the Sherwood Drive Sewer Project (Bond Project # 50035). (Approved by Engineering Services Committee January 12, 2004) 29. Motion to approve the execution of the Local Project Agreement with the Georgia Department of Transportation assuming responsibility for public and private utility relocations and adjustments on the Riverwatch Parkway Project. Currently there are no costs associated with this agreement; subject to legal review. (Approved by Engineering Services Committee January 12, 2004) 30. Motion to approve the execution of the Local Project Agreement with the Georgia Department of Transportation for the Signal Upgrades Project (SR 4 and SR 232) assuming responsibility for public and private utility relocations and provide all rights-of-way and/or easement needed for construction of the project and remove existing structures or obstructions within the rights-of-way. Currently there are no costs associated with this agreement; subject to legal review. (Approved by Engineering Services Committee January 12, 2004) 31. Motion to approve the execution of the Local Project Agreement with the Georgia Department of Transportation for the SR 4 Traffic Signal Upgrade Project assuming responsibility for public and private utility relocations and provide all rights-of-way and/or easement needed for construction of the project and remove existing structures or obstructions within the rights-of-way. Currently there are no costs associated with this agreement; subject to legal review. (Approved by Engineering Services Committee January 12, 2004) 32. Motion to approve funding in the amount of $167,450.00 to JG Swift & Associates for the engineering design of the Upper Butler Creek Interceptor Sewer Extension. (Approved by Engineering Services Committee January 12, 2004) 33. Deleted from the consent agenda. 34. Motion to approve the revised State-Aid County Contract Priority List. (Approved by Engineering Services Committee January 12, 2004) APPOINTMENT: 35. Motion to approve the appointment of Fred Sims, Jr. to the Zoning Appeals Board representing District 10. 35A. Motion to approve the appointment of Reynolds Love, Jr. to the Animal Services Board representing District 5. 22 ADMINISTRATIVE SERVICES: 36. Deleted from the consent agenda. 38. Z-04-07 – A request for concurrence with the Augusta-Richmond County Planning Commission to deny a petition by Carl Fredericks requesting a change of zoning from Zone B-2 (General Business) to Zone LI (Light Industry) affecting property located at 3859 Peach Orchard Road and containing .68 acres. (Tax Map 180 Parcel 1) DISTRICT 6 Mr. Cheek: I met with the property owner on Item 38 and several of the neighbors, and I’m satisfied that he has the best interest of the community at heart and will take actions to improve the aesthetic, and urge 38 be moved to the consent agenda and approved. APPOINTMENTS: 41. Assignment of ex-officio members to the various ARC Boards, Commissions and Authorities. ?? Richmond County Board of Health (Tommy Boyles) ?? Augusta Aviation Commission-Bush Field (Richard Colclough) ?? Greater Augusta Arts Council (Barbara Sims) ?? ARC Planning Commission (Marion Williams) ?? ARC Library Board (Jimmy Smith) ?? General Aviation Commission -Daniel Field Airport (Don Grantham) ?? Richmond County Board of Education (Andy Cheek) ?? Family Connection (Bobby Hankerson) ?? Richmond County Hospital Authority (Betty Beard) ?? 911 Committee (Marion Williams – Chairman of Public Safety Committee) 41A. Appointment to the Regional Development Commission to replace Commissioner Lee Beard. Mr. Cheek: I’d like to nominate Commissioner Betty Beard to occupy that seat. rd 43. Motion to approve the rescheduling of the Commission’s February 3 regular meeting to February 4th due to the conflict of the ACCG Conference, which is scheduled for February1-3, 2004. Mr. Mayor: We have a motion to approve the consent agenda with the added items, minus items 3, 8, 26, 33 and 36. Any other questions or anything before we move to a vote? All in favor of the consent agenda then please vote aye. The Clerk: [inaudible] for the record. Mr. Shepard: Mr. Mayor, for the record Madame Clerk asked that I read item 24 in, and that would be a motion to approve the reinstatement of the percentage language 23 which reads in the contract section, the first section, 50% of the revenues currently derived as of the date of the execution of this agreement by the consolidated government from the levy of 6% hotel/motel tax and to 30% of the revenues currently derived as of the date of the execution of this agreement by the consolidated government from the levy of the beer tax. That will correct that language in that. Mr. Williams: So moved, Mr. Mayor. Mr. Shepard: And it will be subject to my final review and approval. Mr. Mayor: [inaudible] Mr. Williams: My attorney [inaudible]. Mr. Mayor: Before we move on, is there anyone, anybody wanted to record a Sunday sales vote? Mr. Colclough: Mr. Mayor, let it be known that I vote no on Sunday sales. Mr. Smith: Same here, Ms. Bonner. The Clerk: Okay. Mr. Mayor: Okay. Ms. Sims: I’d like to note, please, on 32 that I would like to abstain on 32. The Clerk: Okay. Mr. Mayor: The record will so reflect that. Did you have your hand up, too, Tommy? Mr. Boyles: No. Mr. Colclough and Mr. Smith vote No. Motion carries 8-2. [Item 12] Mr. Colclough and Mr. Smith vote No on Sunday sales portion. Motion carries 10-0. [Items 15 and 17] Ms. Sims abstains. Motion carries 9-1. [Item 32] Motion carries 10-0. [Items 1-2, 4-5, 7, 9-25, 27-32, 34-35A, 38, 41, 41A] 24 Mr. Mayor: All right, we’ll go to the items that have been pulled, and the first one is item number 3. Madame Clerk, if you’d read item 3. The Clerk: 3. Z-04-03 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Tony Atkins, on behalf of Archer Daniel Midland Company requesting a Special Exception in a HI (Heavy Industry) Zone to establish an auto wrecking yard per Section 24-2 (a) affecting property located at 960 Molly Pond Road and containing 38.28 acres. (Tax Map 73-1 Parcel 91) DISTRICT 1 Mr. Mayor: Mr. Mays, you asked for this item? Mr. Mays: Yes, Mr. Mayor. I had this pulled, Mr. Williams and I had some concern in reference to it, and I think Mr. Williams may have had some dialog this morning. I’m not necessarily pulling it to oppose it at all. I probably would like to maybe, if it’s, if it’s not going to damage what they’re doing with their proposed project [inaudible] in two weeks, I would like to -- because it’s already zoned HI, but -- and anything in terms of being an improvement to, to what’s there on that property, to be being able to get that done. I don’t think that’s a negative. But I think in terms of persons that have been concerned with this for some time, and in the recent special exception that we did adjoining this property, I think Planning & Zoning maybe needs to come back to us with some possibly extended details on what’s going to be done with improvement, how, how they plan to monitor it, because this in no reflection on the one that’s here, but if we got one that’s in place right now and there was supposed to be some aesthetic things done as far as the planting of trees, doing some other cosmetic work, and for all that to be that area, I want to make sure that that’s at least done in that same manner, and then in terms of what mechanism is going to be done in terms of monitoring that. Because to let it go and then try and do it afterward, I don’t think we can necessarily deal with that. So I’m not fighting it at all, but I just would like a little time in order to see how that’s going to be put into place and how that’s going to be done. Mr. Mayor: So you want to delay it two weeks to do that, try to get some of that - - Mr. Mays: I can go ahead on and make the motion to put it on for the next Commission meeting, but I think Commissioner Williams [inaudible] wanted to have something to say about it. Mr. Mayor: Mr. Williams? Mr. Williams: Thank you, Mr. Mayor. I did meet with Mr. Craven and we went out and looked at that site. And I explained to him, and he was in conformance to doing some of those things. I talked with Mr. Patty this morning about some fencing and trees and stuff of that nature, some guidelines to do that. And I wanted them in the record so 25 we would have -- and I explained to him we were not fighting the situation. Mr. Mays may be right, we may have to bring it back. Mr. Patty is here. He might be able to enlighten us as to what stipulation could be placed and get this passed on through if we can. I did go out and look at it. I do know what area he’s talking about. He [inaudible] problems I deal with in that community. He’s assured me that he wants to work with us and not against us. But I explained to him that he’s a businessman and this is all about business with me. I want to have it in black and white so I can’t come back and say that I didn’t say it or he didn’t say it. I wanted to have it so we both have some clarity on it. So Mr. Patty, I don’t know whether you had an opportunity to, to [inaudible] about those buffers and those trees and stuff that we talked about. Mr. Patty: Yes, sir. This is a large tract. It’s on both side of Molly Pond Road, which is a heavy industrialized area. The property has been used for heavy industry in the past. It has had a number of agricultural storage buildings on it, most of which have been removed. It’s very visible from Old Savannah Road because it’s downhill and you can see it from Savannah Road. There are some houses that back up to it. I think that our -- in addition to that, it, it -- the property has a substantial amount of [inaudible] Creek flood plain on it which the seller and the buyer are aware of and the seller is, is, has stated that they will abide by the flood plain regulations, and that would result in a lot of the But as far as conditions, I think there are three -- I think property being unusable. there are two appropriate conditions. Actually, one of those conditions, in talking to Mr. Williams, and a desire to have this on the record, the first of those conditions is actually a requirement of the ordinance, that is that the area occupied by the salvage yard must be enclosed by a 6 foot solid wall or board fence. The second condition I’d recommend is that where the salvage yard is across the Georgia- Florida railroad from a residential use, a buffer, per the tree ordinance should be erected prior to the issuance of a Certificate of Occupancy, and the third condition that I’d mention that Commissioner Williams and I talked about is that a street yard per the tree ordinance must be constructed along Molly Pond Road before the certificate is issued. Also, in my discussion with the applicant he pointed out to me that the whole frontage, the whole frontage, substantial frontage area, is a thousand or so feet on both sides and is currently concrete and that would be a substantial cost to them to have to tear up that concrete and put in a twenty foot street yard along the entire frontage, so that might be one that we’d want to reconsider. But the first two would certainly be appropriate and maybe something about the flood plain, although we do have walls that will prohibit them going into the floodway, and part of the flood plain, as well, the fringe, as well, which the applicant is aware of. Mr. Williams: Mr. Mayor, I think Mr. Craven is here. If anybody else want to address is, if they have any problems with those guidelines, I just want to make sure that we aren’t -- that we understand each other. I want to support that. I think something need to be there. That community has been really hit hard up and down that road, other type businesses, and they had not been kept, but I this man really want to -- Mr. Craven: I would like to say -- 26 Mr. Mayor: Just a minute. Let me ask the Commissioner something. There is no need to get into a big, detailed discussion today if we’re not going to act on it today. Let me find out from the Commissioner, are the recommended guidelines from Planning & Zoning clear enough that you’d want to try to deal with this today, or do you think you need more time to have some dialog with [inaudible]? Mr. Williams: If the applicant to agree, I have no problem. Mr. Mays wanted to [inaudible] for two weeks, and I explained that [inaudible] time to look at it. But if the applicant can agree to what’s been said, what’s been done, I’ve got no problem with going on and trying to do it today, Mr. Mayor. Mr. Mayor: Are y’all in a position to agree to anything today? Mr. Atkins: Well, we are in a position to agree. But I would first like to see is [inaudible] whether or not we’re going pass it today or talk about it today and then let me explain a little bit about the property, and I think it will make a lot more sense [inaudible]. Mr. Mayor: Don? Mr. Grantham: That was part of my question, along the same lines. Is it, if Tony and the applicant can agree to this and if Mr. Williams and Mr. Mays can agree, we can go ahead and take some action on it today based on their understanding of those stipulations, then I’m in favor of going ahead and moving on this today. Mr. Mayor: Why don’t we do this? If -- why don’t we just kind of hold this item and let George and the applicant -- have you talked to them, George, about these? Mr. Patty: We discussed this just prior to the meeting. I think they’re more or less in agreement with the stipulations. Mr. Atkins: Well, we are. We are within a few guidelines, and actually we don’t need, we can’t, contractually we can’t extend it. The contract to buy the property is up before it would come back up before the Commission. And so that is why I would ask today that if you would agree to extend it, and let me just show you, show -- most people -- I don’t know if you’re familiar with this property or not, but this property, it was formerly known years and years [inaudible] Molly Pond Road. It’s [inaudible] acres , a lot of it is in the flood plane, and the only objection that we have -- Mr. Mayor: Would you go back to the microphone, please? Mr. Atkins: Okay. Mr. Mayor: Pick you up for the minutes. 27 Mr. Atkins: The only objection we have to the stipulations is that it already has, you can see what was on the road, these million gallon, million bushel tanks were right on the road. They’re now demolished in order to sell the property. And Mr. Craven is going to -- has no problem with a screen on this fence here. All of this is concrete along this road. He has no problem with the concrete, but to, to tear up that concrete and to put up 20’ of trees, or trees along there, it’s just going to be cost prohibitive and it wouldn’t work. And I think -- we met with George just before this meeting and agreed that we could live with all of the stipulations if that one could be modified and not be required to have that. Mr. Mayor: Mr. Mays? Mr. Mays: Yes, let me just say this. I’m not going to start World War III about this one. But you’re talking about the cost in there and I think with government tries to be business friendly if we can, but we also try to be residents friendly as well. And I think you’re looking at an area, particularly there on Savannah Road that basically has been like the survival of the fittest, almost if you want to call it, you know, junkyard row, to a certain extent, that people have had to endure for decades along there. And I mean let’s, let’s, let’s face something, I mean. Obviously an abandoned mill to a point that when before zoning days that was there amongst those residents. But now you know a salvage yard is not necessarily a step up per se, gentlemen and ladies. It’s not like you’re fixing to erect, you know, a Hilton or something along there on Savannah Road. So I think that some of the aesthetics should be considered. The second thing that I’d say is that we’re fixing to do seven figures of money on that road project that’s going to be there on Savannah Road. That’s one of the projects that’s high on our priority list to spend that money to come through. And one of the concerns I had about the other one was the fact of the amount of traffic coming through there, the amount of stuff being hauled in and the debris being left from time to time, and we went through a long period of having to almost just get tough, with junk falling off cars, getting it in there, and of making sure it was cleaned up. Well, now you tell me that you’re fixing to come with another one to go in there. And those, they’re not coming in on Volkswagen Beetles. You’re talking about heavy equipment truck access to that area to a point that I’m having enough of a problem and a headache with the railroad keeping that track clear, we almost had to start World War III, as you remember, Marion, in order to get them to fix that. So I mean, I think that to come in and to hit us with a delayed deadline as though this is what -- that’s not necessarily, you know, something that we have delayed that you brought it here on this date to do it. Now it probably will go in and pass today, but I have a problem to a point that if nobody else, quite frankly, gentlemen and ladies, you know how this works, on Savannah Road with improvements, it we don’t hear from anybody else you’re going to hear from Coach David Dupree. Even if you don’t hear from anybody else. And I think to a point that I don’t think it needs to go and then residents come to us after the fact and say why did you do this in our area if we did not know anything about it? They might even be pleased with it. But if the plan is that great and it’s going to improve it, then I think we at least owe that to those folk in that area to say this is what’s [inaudible] be done. I don’t think anybody’s sitting here per se to a point that if you are living by a mill and it’s fixing to be a salvage yard that you say that’s a great step up, to 28 where I live next door to it. Or where I live down the street from it. So I kind of object to that a little bit. But I think that -- the last question I’d ask if of Mr. Patty. I know it’s been advertised. Was it advertised on Molly Pond Road or was it advertised on Savannah Road? Cause I’m looking at the address on here, that says Molly Road. Mr. Patty: The property doesn’t touch Savannah Road. Mr. Mays: Okay. Mr. Patty: It’s a good distance from Savannah Road. Mr. Mays: Well, it’s a good distance from Savannah Road if you don’t live there, you’re correct. But I think if you right up the street from it, on either side of it, going out through Turpin Hill, you looking at it every day. And I think the reason why you may not have had any objectors, I guarantee you, if you’d of had a sign on the corner of Molly Pond and Savannah, somebody would have read it before now. So therefore it’s marked Molly Pond Road, as ragged as Molly Pond Road has gotten, with the railroad tracks, with the dust, and everything else, nobody’s going through there looking for a zoning sign. So therefore even though you did it legally and no law has been broken in terms of what’s been done, but I just think that if it was where it was visible to a point somebody would have called one of the two Commissioners from that area by now to say what are you doing? And I’m not saying I’m fighting it, but I think to a point at least two weeks of knowing what you all are going to do to a point of 38 more acres to add into a salvage situation in that area is not a lot to ask for those folk who are there in Turpin Hill who I know, Mr. Mayor, to a point that once we do it and once they hear about it, they’re going to come in and they’re going to bring a delegation here and to ask what has happened. That’s the only reason I made the motion to deal with two weeks, and if they cleared about it, I’m the first to say if they happy with it, then that’s something that we can live with. But I just think that at least needs to be run by them before that’s done. Mr. Atkins: Let me just clarify one point I made. Number 1, we have no objection to a condition that requires trees behind any residence where the property is affected. This property is bordered on every side by a railroad track. But the visibility from Savannah Road is the only thing you can see. We have no problems with, with that condition that George suggested. None at all. And so I would ask you today to go ahead and give this clearance with these conditions that we could live with or that George has suggested, excluding the one about the yard trees. And that’s what our request would be. Mr. Mayor: Mr. Williams? Mr. Williams: Thank you, Mr. Mayor. I talked with Mr. Craven. In fact, I met him out there, like I stated earlier, and explained to him about the situation with the other salvage yard that’s there and how we had problems in that area. And he assured me that he was going to try to do all he can to make the place better than what it is. And I believe that. But Mr. Craven, will this handicap you if we waited two weeks on it, just to give me and you time to, to, to -- 29 Mr. Craven: [inaudible] forward, we got a lot of people on hold. We’d like to go ahead and get his passed if we could. Mr. Williams: And my -- Mr. Craven: The property Mr. Mays is talking about really is not going to be used at all because it’s in the corner of the flood plane and nobody can use it anyway. I mean, you know, [inaudible] I don’t understand where you’re coming from. Mr. Williams: Well, on the front side of Molly Pond Road there, and I understand that’s asphalt there. But put some trees -- Mr. Mayor: [inaudible] exempt from the ordinance. Mr. Williams: Right. Con-Agra take care of Savannah Road there. Mr. Craven: [inaudible] railroad [inaudible] [inaudible]. There’s a buffer already there where you’re talking about [inaudible] trees [inaudible] already. Mr. Mayor: Let me, if I may, let me interrupt to ask the Attorney a question. Because it seems that they have talked to Mr. Patty and there is agreement on the stipulations from Mr. Patty just to gave us, except they’d like relief from the tree ordinance. But let me ask our Attorney. I don’t believe we’re in the situation where we can exempt somebody from an ordinance. An ordinance is an ordinance and you’d have to amend the ordinance to give somebody relief that way. Mr. Shepard: I would agree with that, Mr. Mayor. And I think -- the question I have is whether there are two conditions or three conditions, and I, I, unless you can come up with an agreed-upon statement and bring it back through a tabling motion today, we can bring it back later on the agenda with something definition, I think the motion -- which I don’t believe has been seconded -- you can treat Mr. Mays’ remarks as a motion to postpone, which would carry it to the next time. Mr. Mayor: Mr. Patty and then we’ll come back to Mr. Williams. Mr. Patty: I think I can clarify that. Unless they’re going to build some buildings out there, which I don’t think they are, they’re not -- the tree ordinance would not apply. The tree ordinance is only triggered by a site plan, which would be triggered by their desire to build some buildings. So they wouldn’t have to, they wouldn’t have to conform to the tree ordinance. But I would suggest, initially I suggested that a stipulation that they would comply with the street [inaudible] provision of the tree ordinance as a, as a special condition on this case, due to the sensitivity of the site. But they wouldn’t be required to do that unless it was a condition. 30 Mr. Williams: Let me make my last statement here and we’re not implying that you need that up and go along and plant trees up and down that, that path. I’m sure that there’s some way of taking square area and putting a tree here and a tree here. And, and, and, and, and, and that’s all we trying to get to. But I want an understanding cause like Commissioner Mays said, the neighborhood’s going to come down on us. I’m not asking you to come in there and spend a lot of money and taking up the asphalt and the pave and them go back and redo that. But there ought to be a way where we can cut out a place and put some trees in there to, to -- Mr. Craven: [inaudible] Mr. Williams: Right. Mr. Craven: [inaudible] I can promise you that. Mr. Williams: And, and, and, and that’s what I want to get in place, to make sure there is some beautification cause I mean ain’t but one way to make junk look good, and that’s junk. (Laughter) Mr. Williams: I mean [inaudible]. Mr. Mayor: Do you want to try to go ahead and approve this today with the stipulations, Mr. Williams, or do you want to -- Mr. Williams: Yes, sir, I’d like to go ahead and make a motion that we go ahead and approve it with George Patty getting with Mr. Craven and, and, and, and, and coming back and at least bring it back to this body, let us know what, what was in place, though. But I do want to stipulate that we ought to have some trees on there, you know, in that facility, with the proper fencing, and we looked at that as well. So it won’t look as bad as it seems in that area. Mr. Mayor: Is there a second to the motion? Mr. Grantham: Second. Mr. Mayor: Okay. Mr. Shepard, you want to read those stipulations into the record? Mr. Shepard: I want to read what I understand to be the two conditions that are acceptable for the applicant, that has been negotiated. According to Mr. Patty, it’s that the occupied -- the first condition is the area to be occupied by the salvage yard must be enclosed by a 6’ solid wall or board fence. And then the other condition, which is where the salvage yard is across the Georgia and Florida Railroad, from a residential use, a 31 buffer per the tree ordinance shall be erected prior to the issuance of a certificate of occupancy. Those are the two stipulations. Mr. Atkins: Those are no problem whatsoever. Mr. Williams: Well, wait now, cause you ain’t said nothing bout the trees. You say across from where the salvage yard is, and Mr. -- me and Mr. Craven looked at it and we talked about at least cutting a space out to put some trees on where the salvage yard’s going be. And that’s what you keep saying, Mr. Craven. Mr. Craven: When you say cut a space out -- Mr. Williams: 4 x 4 space out to put a tree in somewhere. I mean -- Mr. Craven: [inaudible] Mr. Atkins: We can do it at the beginning of the property, do at the beginning of the property -- Mr. Craven: [inaudible] Mr. Mayor: [inaudible] motion? Mr. Smith: Let’s go ahead and take it like it is. Mr. Mayor: Okay. Don? Mr. Grantham: Mr. Mayor, I understood Mr. Williams’ motion and when he stipulated [inaudible] Mr. Craven was along Molly Pond Road where concrete or where the pavement’s all there, that you would put some trees up there at a periodic distance and that, and that was what I thought you were agreeing to. That’s -- Mr. Atkins: That’s what we agreed to. Mr. Grantham: That needs to be put in place in writing so we can vote on that today, and what our Attorney just read out did not include that. Mr. Atkins: All right, when you -- we’ll be glad -- Mr. Mayor: Let’s do this. Mr. Grantham: I think we need to table this and let them write it up and bring it back. Mr. Mayor: I’ll take that as a motion to table. Is there a second? 32 Mr. Cheek: Second. Mr. Mayor: Okay, motion to table is non-debatable, so we’ll call the question on the motion to table. All in favor of the motion to table, please vote in the affirmative. Mr. Williams: Mr. Mayor, Mr. Craven need to know that will come back up at the end of this meeting, though. Mr. Mayor: It can come back up in five minutes if -- Mr. Grantham: If y’all go get it in writing. Mr. Mayor: -- get it worked out. Okay? Mr. Williams: Yeah. Mr. Mays vote No. Motion carries 9-0. Mr. Mayor: Madame Clerk, the next item is item number 8. The Clerk: 8. ZA-R-162 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve an amendment to Section 8-2, Special Exceptions, providing extensive regulations regarding the placement of construction trailers in new subdivisions in Augusta. Mr. Mayor: Commissioner Williams? Mr. Williams: Yes, sir, I want some clarification. I’ve got a couple of trailers that was put in a subdivision in Highland Park area and they’ve been there for some 10- 12 years now. And I just need some clarification as to what we’re saying here, cause those trailers was put there for construction use at one time and since they’ve been there for so long, they want to say they’re grandfathered in. I see my good friend Rob Sherman over there. Rob, I don’t know if you’re familiar, but on Walden Drive, we been, I been asked several times about those trailers and what’s supposed to be in that area. But because they are construction trailer, they been allowed to stay there. And my question about this, is that what we doing here or is be a time period or this be -- I mean would that stay, is that permanent, is that -- Mr. Mayor: Are those grandfathered? Mr. Williams: Well, are those grandfathered? Mr. Sherman: I’ll let George answer that, if he would. 33 Mr. Patty: This is an attempt to regulate where people put those type trailers in subdivisions, only in subdivisions. Right now we don’t have any rules and there, they’ve been allowed, you know, in the past, not only for construction offices but sales offices, to serve as sales offices as well. And this is, these are rules that the subdivision regulations committee came up with and if this is passed they are only going to be allowed for a short period of time and as construction offices. They’d be, required to be in the back of the subdivision, and I don’t remember the actual length of time they’d be allowed but there would be a drop dead date when they’d have to be removed. Mr. Williams: Okay, Mr. Mayor, and that’s good, I just wanted some clarification because I do have a situation similar to this where they’ve been there for so long. And the residents had come in numbers saying that it wasn’t supposed to be there, but nobody could find any records to say it was a temporary situation, now it’s been there for like I say 8-10 years. And they’re on the main street in a nice subdivision. So. Mr. Mayor: Under this, Mr. Williams, they would have to get a permit from the Planning Commission for that construction trailer. [inaudible] spelled out in here when the trailer would have to be gone. Mr. Williams: I want to make a motion to go ahead and approve that, Mr. Mayor. Mr. Cheek: Second. Mr. Mayor: All right, we have a motion and a second. Is there any further discussion? All in favor of the motion then please vote in the affirmative. Motion carries 10-0. Mr. Mayor: The next item is number 26, Madame Clerk. The Clerk: 26. Motion to authorize the Public Works & Engineering Department to hire a Design Engineer I at a salary up to $68,000 to be funded from the Highway & Street Administration Budget. (Approved by Finance & Engineering Services Committee January 12, 2004) Mr. Mayor: Mr. Grantham? Mr. Grantham: Mr. Mayor, I asked this to be pulled because in our finance meeting last week we were discussing this issue and I was concerned of the entry level of this position, and then based on the 10% that is allowed for the department head to approve that, and this was going to exceed it. And I wanted to get some clarifications on that and what we were looking at. 34 Mr. Mayor: Is Ms. Smith here? I think perhaps Ms. Smith can answer your question. Ms. Smith: What’s the question? Mr. Grantham: The question was, of course you have a 10% variance from your entry level that says [inaudible] entry level. And this is going to exceed the 10% authorization that you have, which has to be presented to us. But I was just wondering, based on other applicants, did we not have anyone that would qualify for that position within the entry level plus your 10% allowance? Ms. Smith: We actually weighted the candidates. This was the first ranked candidate. The second ranked candidate was asking for more than this particular employee, excuse me, this particular candidate is requesting. And if I’m not mistaken, the third ranked candidate was also in the salary range that would have been above the 10% of it. Mr. Grantham: Okay. Ms. Smith: This particular candidate does have a professional engineer’s license, a bachelor of science in civil engineering, and a bachelor of science in finance and banking, so we do feel that what he brings to the table exceeds that of a minimumly- qualified applicant. Mr. Grantham: How long has this position been open? Ms. Smith: This position was vacated by the county engineer in October of -- September? -- September of 2003. Mr. Grantham: 2003? Ms. Smith: Uh-huh [yes]. Mr. Grantham: Thank you. Mr. Boyles: Mr. Mayor? Mr. Mayor: Go ahead, please? Mr. Boyles: Can I make a motion that we postpone this until after our legal meeting? Mr. Mayor: You certainly may. It’s actually a motion to table it. Mr. Boyles: Motion to postpone. 35 Mr. Mayor: Postpone is carry it over to the next meeting, table would keep it alive in this meeting. Mr. Boyles:Table, then. Mr. Mayor: We have a motion to table this item. Is there a second to that motion? Mr. Smith: Second. Mr. Mayor: Motion has been seconded. Motion to table is non-debatable. Unless there’s a question about the motion, we’ll move ahead. Yes, Mr. Hankerson? Mr. Hankerson: I have a question concerning this of Ms. Smith. Mr. Mayor: Well, you can’t debate the issue once a motion to table has been made. It’s a non-debatable motion. Mr. Hankerson: I wasn’t going to debate it. Mr. Mayor: That’s fine. Mr. Hankerson: I just wanted to ask a question to -- Mr. Grantham asked a question about the entry level. My question was whether or not the job was advertised, cause I know when we go in legal I can’t ask certain questions, she’s not going to be there. Whether this position was advertised. Mr. Mayor: Has the position been advertised? Ms. Smith: Yes, this position was advertised. Mr. Hankerson: Is it negotiable? The salary is negotiable? These individuals that applied for it, applied for it as it was advertised, and how do we get to the step of being negotiable above the -- Mr. Mayor: Okay, I’m going to have to rule, I’m going to rule that out of order. Mr. Hankerson: Okay. Mr. Mayor: We need to move ahead with the motion to table. All in favor of that motion please vote in the affirmative. Mr. Colclough abstains. Motion carries 9-1. 36 Mr. Mayor: Okay, we have two items on the table now. All right, the next item is item number 33. The Clerk: 33. Motion to approve the bid award for installation of valves, yard piping and site work for the Goodrich Street Raw Water Pumping Station to the lowest responsive bidder, R. D. Brown Contractors, Inc., in the amount of $1,314,000.00. (Approved by Engineering Services Committee January 12, 2004) Mr. Mayor: Ms. Beard, you asked for this one? Ms. Beard: Yes. I was simply wondering if R.D. Brown was a local company. Mr. Mayor: Drew, can you answer that? Mr. Goins: Their headquarters are in North Augusta, South Carolina. Ms. Beard: Okay. Mr. Mayor: Okay. Mr. Williams? Mr. Williams: Okay. Would, would that, with that question be raised, Mr. Mayor, how much minority or small business or however it’s phrased now participation do we have when it comes to the amount of figure we’re talking about here now from Brown or anybody else? We got local people in this town that do good work. We do, we give these large contracts out. I need to know how much participation and do, I guess we, we can’t require, we cannot, we talking about small business people and since I sit between two pretty ladies, I mean ladies can own construction companies and have those business as well. We need to find out, Ms. Beard, Ms. Sims, how much female participation we got in these contracts, too, cause women are in business these days as well. So I’d like to know. Mr. Mayor: Drew, are you in a position to answer that question? Mr. Goins: I’m sorry, I don’t have that information. I have not requested that information of any of the bidders. Mr. Mayor: Could, would it be possible to have that information supplied to the Commissioners? I know you couldn’t get it right now, but in the coming days, you could put a report together and share it with the Commissioners, could you do that? Mr. Kolb: Yes, I think, Mr. Mayor, members of the Commission, I think that the Purchasing Department does ask those questions in the bid solicitation so we’ll review that and get some kind of an answer back to you. 37 Mr. Mayor: Okay. Mr. Colclough? Mr. Colclough: Drew, in the RFQ or RFP, do they list the [inaudible] participation? Most of them do when you do it RFP or RFQ? Mr. Goins: I believe that it’s suggested that they have minority participation but I don’t believe it’s a requirement in a bid process. We can request that information, but I don’t believe it’s a requirement when submitted a quote. Mr. Colclough: Well, the most of them, the most of them that I’ve ever read, when you first start off, they will list [inaudible] participation. Mr. Goins: That’s a request for qualifications when you’re selecting for professional services. But in a, in a bid -- Mr. Colclough: [inaudible] bid process, also. Mr. Goins: That would be a question that the Purchasing Department could answer. Mr. Colclough: All right, thank you. Mr. Mayor: Mr. Cheek? Mr. Cheek: I’m going to ask the same question I always ask when it comes to raw water pumping station. During construction, were we guaranteed public access to the canal park without any obstructions? Mr. Kolb: Absolutely. Mr. Cheek: Okay. Mr. Mayor: We need a motion to approve this. Ms. Beard: I so move. Mr. Mayor: Thank you. Is there a second? Mr. Cheek: Second. Mr. Mayor: Further discussion? All in favor of the motion, please vote in the affirmative. Motion carries 10-0. 38 Mr. Mayor: Mr. Kolb will see that that information that was requested will be furnished to the Commission. The next item is item number 36. The Clerk: 36. Motion to approve recommending to the Downtown Advisory Panel to increase their membership from eight (8) to ten (10) with the Commission appointing two members. (Approved by Administrative Services Committee January 12, 2004) Mr. Mayor: Mr. Cheek, you asked this item be pulled? Mr. Cheek: Thank you, Mr. Mayor. I think we’re on track to making some really good improvements. I was approached by a citizen concerning a recent meeting and some clarification, I guess, concerning residency, whether you had to own property or just reside or lease property. And Mr. John Herron has asked to address this issue. So I’d just like for him to come to the mike. Mr. Mayor: You can go ahead and start. Mr. Herron: Good afternoon. Mr. Mayor: Give us your name and address for the record, please, and speak directly into the mike so we can hear you. Mr. Herron: Okay. Mr. Mayor: There you go. Mr. Herron: I’m John Herron. I am a resident over at the Richmond Summit apartment. I’m in number apartment 605. I was advised that they were going to have a meeting by the Downtown Advisory Panel as far as having elections on, who would be elected for the next year of 2004. I went over there with the intention to vote cause I do th have a main concern with a couple of issues with the [inaudible] 8 Street downtown businesses and such. One of the complaints was mostly by people, maybe in a minority, they were complaining about the noise and music and such, and I wanted to [inaudible] put a vote on that issue. But I couldn’t even put a vote in to elect members of the panel th for the 8 Street [inaudible] because Chris Naylor said, you know, that it’s not [inaudible] criteria of ordinances and such. And I thought that seems peculiar to me, it should be. And I didn’t have, you know, an ordinance [inaudible] and I got it later and [inaudible] I think there’s a misunderstanding here and I just wanted to be able to go and vote, you know, on the issues of panel members, the topics that the panels members are concerned with. I am a resident, not a property owner by any means. I’m here because of medical reasons. That’s why I’m in your town of Augusta. You know, but I’m supposed to be here until the day I die [inaudible] because the medical problems have grown so I am a resident here and I want to get as much involved as I can. I would like 39 to be able vote my own panel members in and vote on the issues, something like that, like noise level. The place has improved so much down there since the businesses have opened up. I was there when they had the cocaine addicts and everything else because of the fear of cameras on them in the parking lot of our courtyard, the Richmond Summit, th they would go around the corners there to the 8 Street area where they’ve got the businesses now and they had the drug deals, all the nuts, all the noise, and it didn’t even come close to the noise they’re talking about, the decibel levels of the music of the bands around there and all. I couldn’t even go and put a vote on that and that’s what my concern is, guys, you know. Mr. Mayor: This matter -- thank you, Mr. Herron, for bringing this to our attention, but subsequent to that meeting where you showed up to vote, the Commission, the Administrative Services Committee at the last meeting was asked for clarification for what the intention of the Commission, the Commission’s intention was when it wrote this. I think the intention is pretty clear that a resident does not have to be a property owner. The, most of the businesses down here are rented property. So I think it’s pretty clear the way it is written here that if you are a renter or a lessor -- I don’t own the property I live in downtown, but I consider myself a resident of downtown. Or if you own residential property you may not live downtown. You might own something and live in Columbia County. So it’s pretty clear that if you live downtown or you own residential property downtown that you fit in the category of somebody who can come in and express his opinion, cast his vote or whatever. That’s, that’s the intention here. Mr. Cheek, did you want to add something to this? Mr. Cheek: Just to follow up. Would it be in order to recommend that a revote occur to allow those that were denied the right to vote on that board, just a request from this Commission? Mr. Mayor: That would be in order. Mr. Hankerson: I didn’t hear you. Mr. Cheek: Just a request, a revote occur to allow the people that should have been given the right to vote the privilege of voting or the right of voting and just to rehold those elections. Mr. Shepard: Mr. Mayor, I think that would be in order. Mr. Mayor: [inaudible] motion? Mr. Shepard: In the form of a motion, yes, sir. Mr. Cheek: I move. Mr. Shepard: Just to that category only, Mr. Cheek. 40 Mr. Mayor: Why don’t you incorporate that motion in the agenda item here? Mr. Cheek: Okay, I so move. Mr. Hankerson: Question. Mr. Mayor: Is there a second to the motion? Mr. Williams: Second. Mr. Mayor: Okay. Now, Mr. Hankerson, you have a question? Mr. Hankerson: Now my understanding when it came before Administrative Service, this, this is a panel, advisory panel that’s set up and that, the advisory panel does the voting. I mean I didn’t think everybody that comes to the meeting vote. Am I right or wrong? Where is Chris? Mr. Mayor: I think at that meeting they had some elections of representatives, didn’t they? Mr. Hankerson: I thought we were to define whether a resident should vote or not and we did that in the meeting. And what I’m hearing the gentleman say here, he showed up and he didn’t have an opportunity to vote. Do everybody vote or just the panel on the decisions? Mr. Mayor: At that meeting that’s in question, the stakeholders came and elected their representative from the stakeholder group. And in this case, when the representative for the residential stakeholders group was to be elected, there were people who considered themselves to be residents who were not allowed to vote on that particular representative. And then I think Mr. Cheek is asking that this Commission just ask the citizens committee to conduct the election again and allow the people who were excluded before an opportunity to vote to select their representatives that sit on this panel. That’s the way I understand it. Mr. Naylor: Yes, sir, that is correct, Mr. Mayor. Mr. Hankerson: Okay, thank you. Mr. Grantham: Call the question. Mr. Mayor: All right. Any further discussion? The question has been called. This is a motion to request the new elections, plus to incorporation item 36 in the motion. All in favor, please vote aye. Motion carries 10-0. 41 Mr. Mayor: We are -- let’s -- Madame Clerk, if we will go back and revisit -- I need a motion to pull off the table for discussion item number 3. 3. Z-04-03 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Tony Atkins, on behalf of Archer Daniel Midland Company requesting a Special Exception in a HI (Heavy Industry) Zone to establish an auto wrecking yard per Section 24-2 (a) affecting property located at 960 Molly Pond Road and containing 38.28 acres. (Tax Map 73-1 Parcel 91) DISTRICT 1 Mr. Williams: I move we pull item 3 off the table. Mr. Cheek: Second. Mr. Mayor: Is there any objection? None is heard so we will take up item 3 once again. Do we have something to report back to the Commission? Mr. Patty? Mr. Patty: We had discussed approving this with two conditions and a possible third condition. That condition would relate to planting of trees on Molly Pond Road and that condition could possibly be to plant one tree every 40 feet on the north side of Molly Pond Road and a minimum of 20 trees to be spaced as possible on the south side of Molly Pond Road which would not exactly conform to the tree ordinance but it would be close and it would not require them to dig up all that concrete. Mr. Williams: So move, Mr. Mayor. Mr. Mayor: We have a motion. Is there a second? Mr. Cheek: Second. Mr. Mayor: Mr. Cheek? Mr. Cheek: Just a quick question for Mr. Craven. Is that also your property on Highway 56? Mr. Craven: No, it’s not. Mr. Cheek: The salvage yard? It’s not? Mr. Atkins: No, that’s his brother’s property. Mr. Cheek: Okay. There have been some remarkable improvements over there. I was going to pat you on the back if it was yours. 42 Mr. Atkins: [inaudible] 56 Loop. Mr. Craven: [inaudible] Loop, not 56. Mr. Mayor: Anything further on the motion? Mr. Shepard: For the record, Mr. Mayor, is it clear that those conditions read by the Planning Director are part of the motion? Mr. Mayor: They are, yes, sir. All in favor of the motion, please -- Mr. Mays: Mr. Mayor? Mr. Mayor: Mr. Mays? Mr. Mays: Mr. Mayor, I just want to ask two questions. Mr. Patty, two things. One, will Public Works, or what area of our government with reference to where this does back up in reference to situation [inaudible], who is to deal with that monitorage? And how is that to be handled? Mr. Patty: You know, they, they would not be allowed to do any grading or any use of the area that’s within the floodway. Mr. Mays: But my question is who would do the monitoring? Mr. Patty: Public Works does it. Mr. Mays: We have spent, along with the Corp of Engineers, and millions of dollars of sales tax money to get that area clear and to deal with the contamination that was throwing eastward in that area. We’ve just been, and I congratulate the gentleman to my right, in coming on board as Mayor and initiating the last brownfields committee and doing that in reference to getting Goldberg [inaudible] junk yard. Now if I’m fixing to put another one into an area, then I want to know to a point if it backs up on that channel then who in the government is going to be assigned to monitor that? I know what the law says in reference to what can’t be done, but then will it get done and we are over there then trying to catch it after it’s going? I mean I think that that needs to be said. Mr. Patty: The rules will not allow them to do anything in that area and Public Works would be responsible for enforcing the flood ordinance. Mr. Mays: I would, I would certainly and this doesn’t have to be part of the motion, but I would certainly hope that this is set up, that there would be some working relationship as to how that’s to deal with a separation or something that’s in that area to do it, because I mean you’re talking about, you’re talking about, you’re talking about [inaudible] go in there in terms of salvage in order to deal with that. And I just think that needs to be adhered to. I am -- it’s going to pass. I, I, I can’t vote for it. I did make a 43 promise to folk in that area [inaudible] Old Savannah Road. I just want not going to vote for it and the gentlemen just have to excuse me, but I made a commitment that when some of these areas in terms of what was historically bad and old spot zoning, when it got a chance to relieve and to upgrade it, that that would be done. I know that it’s a legitimate business that goes in to where it’s HI, but I just cannot vote for it and I would say that while the improvements have been made and it’s a matter of the record where the, where the other salvage yard was, I remind my colleagues that whatever improvements were made, were made and forced by this Commission after those previous owners had not even appeared in court and would not adhere to EPD and the State regulations on probably at least half a dozen occasions and had to be dragged kicking and screaming in this chamber to abide by it. So I mean while there may be a separation that’s in there, while it may look good now, we took a lot of painstaking and there was a lot of activity to have to be done. It was not as though it was a good citizen quality to come in and to volunteer what was to be done. So I mean I think that that also should be taken into consideration and then secondly, just up from that, the property that has been rezoned and put into that area, which the previous Attorney let fall through the cracks on a technicality that got in, nothing to do with the way you were, Steve, that where we’re having to backpedal and fight with that incident of which we were not given the proper information concerning that. So it’s already HI, but I’ve said Mr. Mayor, Commission, I wasn’t -- because it’s a bad situation and the zoning deal with it, if I could sit here and vote down $200,000 and $300,000 homes in that area because it might be too close to somebody’s fence, I sure can vote against another junkyard going in in one that I represent. And my vote’s going to be no. Mr. Mayor: Let me, let me ask a question, Mr. Mays, that might help you. Mr. Craven, would you be interested in putting the property that you cannot develop, that’s in the flood plane, into our greenspace program or granting a conservation easement on that property? You don’t have to commit to it today, I’m just curious. If you do have some interest, I know who can contact you to follow up. Mr. Atkins: I certainly think that would be -- Mr. Mayor: If there’s nothing you can do with it, I think there’s a way you can do something with. Mr. Atkins: Certainly consider it. Mr. Mayor: And get a tax advantage out of it. Mr. Atkins: He would have no other use for the property, so I think that would certainly be [inaudible]. Mr. Mays: I think that would be a good suggestion, Mr. Mayor. The only other thing I wanted to ask Mr. Patty, how many stipulations did Planning & Zoning approve? Mr. Patty: Um -- 44 Mr. Mays: Cause I’m hearing two today. Mr. Patty: Planning & Zoning did not approve any. They approved it without stipulations. Now keep in mind -- Mr. Mays: [inaudible] Mr. Patty: Keep in mind the fence is a requirement of the ordinance, so it’s sort of redundant to make that a stipulation. But -- Mr. Mays: I guess what I’m trying to get for clarification that I heard when we started talking about this, that there were three conditions or something that you were dealing with and now I’m hearing two. Maybe I just didn’t hear that correctly. Mr. Patty: We’re up to three now. We’re up to three. The fence, which is a requirement of the ordinance. The trees on the Savannah Road side. The tree buffer on the Savannah Road side where it adjoins residences. And the third is the trees on Molly Pond Road. Mr. Mays: I’m through. Mr. Mayor: Mr. Patty, would you ask Deke Copenhaver to follow up on that? Mr. Patty: I will. Mr. Mayor: They may have some interest in that. All in favor of the motion to approve with conditions so stipulated in the record, please vote aye. Mr. Hankerson and Mr. Mays vote No. Motion carries 8-2. Mr. Atkins: Thank you very much. Mr. Mayor: Thank you. All right, Madame Clerk, let’s try item number 37. The Clerk: PLANNING: 37. Z-04-05 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that the development be limited to 9 lots; a petition by Jeff Baker, on behalf of James R. Holmes, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-1C (One- family Residential) affecting property located 3548 Mutimer Drive and containing 3.35 acres. (Tax Map 107 Parcel 119) DISTRICT 5 45 Mr. Mayor: Is the petitioner here? Mr. Patty, you want to tell us about this? Mr. Patty: This is a -- Mutimer Drive is one of several old streets that run north off of Meadowbrook Drive. This area is a mixture of some pretty nice houses and some run down houses, frankly, and this is a 3.35 acre tract that I believe has got a house on it, if I’m not mistaken. The plan is to divide this into nine lots, sell these lots. The applicant’s got some photographs of the type houses that would be built on this property. It could not be manufactured homes or anything of that nature. The R-1A zoning requires 80 feet of frontage. The R-1C allows less frontage but the minimum lot size, th nine into 3.35 acres is somewhere close to 4/10 of an acre, so the density would probably be less or equal to what’s in the area. We did some objectors. The objection was that it would add traffic to the already congested streets and that it would not be consistent with what’s in the neighborhood. Mr. Mayor: The petitioner is here. If you’d give us your name and address for the record. Mr. Baker: Yes, sir, my name is Jeff Baker, at 4614 Wymberly Drive in Martinez. Mr. Mayor: Go ahead. Is there anything you wanted to say about the project? Mr. Baker: Well, what we’ve attempted to do -- I’ve drawn it up a couple of different ways. Actually under the current zoning, if we squeeze a little bit we can get 11 or 12 houses in there, but we’d have to be put in two stub roads, which would take down most of the large, pretty trees that are there. We wanted to avoid that. By reshaping the lots, not really making them smaller, but just by reshaping the frontage of the lots and making them a bit deeper, we save the trees that way and we actually end up with a total of nine house as opposed to 11 or possibly 12. The houses we’re looking to put in are somewhere between that $100,000 and $120,000 range. We don’t have a figure exactly because we’re still getting bids and that sort of thing, but in that general area, most of them I think would, would be good entry-level housing and I think would qualify for FHA, which means that it’s good, affordable housing as well. Mr. Mayor: Anybody have any questions? Mr. Hankerson? Mr. Hankerson: Yes, sir. That’s District 5, that’s my District and he answered the question. I was asking the price range. I went out there this morning and looked at the area. I think that this type of improvement, this is an improvement to that particular So I, I motion for approval. area. Putting $100,000 to $120,000 homes in there. Mr. Mays: Second. Mr. Mayor: Motion and second. Mr. Colclough? Mr. Colclough: What is the home size? 46 Mr. Baker: The one that I’m contemplating building first is right at 1,500 square feet. It also has a garage. Which as you know, most of the homes out there don’t. We’re going to try and squeeze in, if we can put garages with the houses as well. Mr. Colclough: Thank you. Mr. Mayor: Anything further? All in favor of the motion to approve with the stipulation that’s in the caption, please vote aye. Motion carries 10-0. Mr. Mayor: Thank you, Mr. Baker. Mr. Baker: Thank you. Mr. Mayor: The next item is item number 39, Madame Clerk. The Clerk: ADMINISTRATIVE SERVICES: 39. Approve acceptance of the Martin Luther King National Community Services Grant awarded to the Housing and Neighborhood Development Department. (Requested by Commissioner Bobby Hankerson) Mr. Mayor: Mr. Hankerson? Mr. Hankerson: Yes, sir. I put this back on the agenda because we didn’t get -- I put this on the agenda today because we didn’t add it on in Administrative Services. I was furnished the information during the meeting. I got a chance to go over it, and I’d like to really commend Housing & Neighborhood Development for going out and getting these type of grants. I think this is something like what you were asking today in your address, that we need some people going out, getting grants, so I want Mr. -- I asked Mr. Smith if he would comment and share the information with us. Mr. Mayor: Warren? Mr. Smith: Thank you, Commissioner Hankerson. Mr. Mayor, members of the Commission, this is for me quite a pleasure to bring this before you today. This is I believe quite an honor. We applied to a federal agency, the Corporation for National Community Service. What I like to call the domestic Peace Corps in terms of what they do. It was a competitive grant program that several hundred organizations and jurisdictions throughout the country applied for. Basically this National Day of Service has been something that’s been on the national agenda for at least the last ten years, and it really promotes localities working together to really [inaudible] enhance the efforts of [inaudible] together. Coordinate community service and to get people who care about 47 their communities. We applied for a grant. We received -- and again, this was a collaborative effort -- let me be real clear about that -- the HND Department worked with several other entities as kind of the coordinator for this, so we worked with Human Relations Commission, the Golden Harvest Food Bank, the MLK Ministerial Association, as well as the Housing Authority and others. And so to me this is an effort that really says we’re working together and we’re doing some good things in this community. The effort is called the Augusta Season of Service. It’s going to involve several community activities, community improvement activities over the next three to four months. And I really appreciate having a chance to bring this to you today. Thank you. Mr. Mayor: We thank you. Mr. Hankerson, you want to make a motion to accept that grant? Mr. Hankerson: I so move. Mr. Cheek: Second. Mr. Mayor: Discussion? All in favor, please vote aye. Motion carries 10-0. Mr. Mayor: We’ll skip over item 40. There’s been a request to take that one to legal. So what we’ll do is we’ll move on to item number 42. We need to have an election for three seats on the County Hospital Authority. For the benefit of the new members, the way this works is the Hospital Authority recommends to us three people for the appointment and their recommendation is the first one that’s on the list. However we are free to pick from any three on the list or I guess send it back and tell them to send three more. Our decision today is we’re going to try to fill these seats today. APPOINTMENTS: 42. Consider the following recommendations for appointment from the Richmond County Hospital Authority for a four-year term. For the Member-at-Large position, currently occupied by Warren A. Daniel, Mr. Daniel not being eligible for reappointment: ?? Hugh Hamilton, 3 Eagleton Court, Augusta, Ga. 30909 ?? William J. Badger, 2642 Henry Street, Augusta, Ga. 30904 ?? John L. Murray, III, 504 Regent Place, Augusta, Ga. 30909 For the Member-of-the-Catholic Faith position currently occupied by Gerald E. Matheis, Mr. Matheis not being eligible for reappointment: ?? John S. Markwalter, 1130 Belmont Drive, Augusta, Ga. 30904 ?? Louis Mulherin, III, 3220 Lake Forest Drive, Augusta, Ga. 30909 ?? Eugene F. McManus, 2642 Hillcrest Avenue, Augusta, Ga. 30904 48 For the Medical Staff position currently occupied by Mac A. Bowman, M.D., Dr. Bowman being eligible for reappointment: ?? Mac A. Bowman, M.D. 3404 Dunnington Place, Augusta, Ga. 30909 ?? Gregory L. Gay, M.D., 1316 Comfort Road, Augusta, Ga. 30909 ?? Wade Blount, M.D. 704 Somerset Way, Augusta, Ga. 30909 Mr. Mayor: Mr. Cheek? Mr. Cheek: Mr. Mayor, just a question. On the second position, member of the Catholic faith position, I’m not sure when this board was chartered, but it seems to me exclusionary just to have a seat available for one denomination and not other religious faiths. Mr. Mayor: Well, I discussed this this morning with the Attorney and in fact, when we had an appointment a year or two ago of the Jewish faith I brought the matter up. Our Attorney is going to do some research and we may need to talk to the Legislative Delegation about taking discriminatory language out of it. Mr. Cheek: I sure would like -- if we’re going to have by faith, I’d surely like to put in my bid for a Baptist position. Mr. Shepard: Mr. Cheek, I advocated the Methodists should be represented, as well. Mr. Mayor: There should be an Episcopalian on there. Mr. Shepard: And I’m going -- that was requested this morning and I’m going to do that research. My law partners are not quite that fast. Mr. Mayor: To expedite this, if you’d like to we can take a motion to take the first one and do the all three at one time or -- Mr. Grantham? Mr. Grantham: I’m going, I’m going to ask for the floor. Based on the recommendation from the Hospital Authority -- and I have no objection to the people that they recommend, I think they’re all very qualified and all very capable of doing the job. But I seem them putting us on the spot when they send us three names and say pick one and we like the first name. And I just don’t, I don’t think that’s the way to go about . I’d like to see this be tabled and come back to us after our legal handling business meeting and we recommend one for each of those positions at that time and that be our final recommendation. Mr. Mayor: We have a motion to table this item. Is there a second to that motion? Ms. Sims: Second. 49 Mr. Mayor: We have a second to the motion to table the election of these three members to the Hospital Authority. Is there a question with respect to the motion to table? Yes, Mr. Hankerson? Mr. Hankerson: Well, I keep getting caught up in this table. (Laughter) Mr. Hankerson: I had my hand up when y’all -- after Mr. Cheek and = but I’ll be ruled out of order. (Laughter) Mr. Mayor: You’ll have another chance to say -- Mr. Grantham: Don’t rule him out of order. (Laugher) Mr. Mayor: We have a motion to table this until later in the meeting. All in favor of that motion please vote in the affirmative. Motion carries 10-0. Mr. Mayor: We have items 26 and 42 that are on the table for the meeting. We’ll move now to item number 44. PETITIONS & COMMUNICATIONS: 44. Appoint voting delegate for the Georgia Municipal Association’s Mayors’ Day Conference January 24-26, 2004. Mr. Mayor: Mr. Hankerson, did you want to speak to item number 44? I’ll call on you first. (Laughter) Mr. Mayor: We need a voting delegate for the GMA meeting which begins Saturday. We’re open for nominations, preferably somebody who is going to be there. The business meeting is what, Monday? Mr. Mays? Mr. Mays: Mr. Mays, since Mr. Colclough gets up at five o’clock every morning, I will nominate Commissioner Colclough. Mr. Smith: Second. Mr. Grantham: Motion that the nominations be closed. 50 Mr. Mayor: Motion that Mr. Colclough be elected by acclamation. I think it’s unanimous, Madame Clerk, that Mr. Colclough be our representative. Motion carries 10-0. Mr. Mayor: All right, let’s see. The Clerk: 45. Mr. Mayor: Let’s take item number -- well, before we take item 45, I’ve got to excuse myself because I’ve got to catch a flight to go get another award in Washington for us. So I’m going to turn the gavel over to the Mayor Pro Tem, Mr. Mays, and item 45 is the next item. Go ahead, Madame Clerk. The Clerk: 45. Clarification of banking procedures. (Requested by Mayor Pro Tem Mays) Mr. Mayor Pro Tem: I guess that resembles me a little bit. Okay. Madame Clerk, and --- well, members of the Commission, this morning we had some discussion in reference to this. The reason I put this on as a placeholder was because -- was an add-on the other day when it came into Finance Committee. A lot has been discussed about it. And what I’m going to do right now, I’m going to yield -- is Mr. Russell in the room? Mr. Russell: Yes, sir. Mr. Mayor Pro Tem: Did you want to kind of bring us up a little bit, Fred, where we are on that situation? And I think Steve may have a comment in there as well. Mr. Russell: Yes, Commissioner. Commissioners, after the meeting last week we met with the representatives of the bank in reference to this particular issue. They have agreed to waive the $4 fee for our employees that are cashing checks for a 12 month period. As part of that, they were going to do some education for our employees in reference to banking procedures and savings and stuff like that, as we do with some of our other vendors that deal with us, like our retirement people and stuff like that. it was thought that since the bank -- I don’t want to call it bid -- but the request for proposal for banks was coming up in the near future that that might be a good time to address any issues we have and referring to that. Commissioner Mays had some specific issues in reference to banks’ participation, I think, in the community and working with us. It might be an appropriate time to address those kinds of things formally with them at that particular point in time. And that just sort of brings us up to day as to where we are right now. Mr. Mayor Pro Tem: Commissioner Williams? 51 Mr. Williams: Fred, while you’re standing, I think I heard you say they wanted to delay or postpone for a year, 12 months. Is that what -- Mr. Russell: Yes, sir. Mr. Williams: Okay. In the beginning, the reason for that expense, for that fee, did they explain to you why, what promoted, what caused that? Mr. Russell: Yes, sir. The explanation that I received was that it was part of a national move on their part, to the customer base, part of a national policy. The understanding I had was that that’s something they’re doing across the board with people, not only us. We were sort of just caught up in that particular -- as a matter of fact, the waiver that we’re getting is somewhat unusual based on the national policy, from what I understand. Mr. Williams: Steve -- Mr. Mayor Pro Tem: If you would, Mr. Williams, I’m going -- let’s let the Attorney elaborate a little bit on that conversation we had this morning, cause I think it takes it a little bit more in depth, the conversation you and I were having in reference to it. Mr. Shepard: Thank you, Mr. Mayor Pro Tem and members of the Commission. I looked in it this week, cause when I saw it on the front page of the metro section I thought it, being fairly important by this board, and of course it is a $4 charge every month -- not every month but every paycheck and there are 26 of those a month, a year. I thought initially they were probably violating Uniform Commercial Code Article III which governs negotiable paper, but now the, the rules are, from that area are preempted by the regulations promulgated by the office of the Comptroller of the Currency, which is a federal agency. And under their rules, such fees are allowed. In Texas they attempted to pass a statute that would say that when you have persons wanting to cash checks on what we call the drawee bank -- it’s the bank that we bank on -- there should be no fees to those employees. This was met with a suit in federal court which enjoined the enforcement of that statute. So I think that what they’re doing is legal but I thin further that we could meet that by doing one of two things. We are presently banking with a national bank. We could begin banking with a state bank or we can, when we renegotiate the depositor agreement, the agreement with the bank, we could write in the condition that they be allowed, the employees be allowed to cash their checks on their city bank account, on the City’s bank account, that is, without a fee. And that would, that would end it. But I don’t think we’re going to be able to successfully litigate with them and I would not recommend that. Mr. Williams: Well, you know, I generally your law partner by just adding myself on, but I never tried to add myself on to the banks. But if I was a banker and housing that kind of money, I believe I would be smart enough to, to, to let that drop, let that go. Now if they are in the position to want to continue that, then they got more 52 money than we got, for sure. I mean they don’t need our little money, that’s what I’m thinking, Mr. Shepard. I just can’t see us penalizing the everyday worker, everyday person who barely making ends meet 26 times a year at $4 a person. And they are holding that out as a different banks, they writing the checks and [inaudible] whatever they wanted to, but I think the bank really need to look at not just 12 months. I think they look at not doing that. In my mind, I can’t support that, Mr. Shepard. I just hope, hope that they would understand how important it is that $4 per person each payday and that if they need to negotiate, they need to leave that part out cause I can’t, I can’t accept that and I’m surprised to hear it. Mr. Shepard: Mr. Williams, I agree with you, and I’m just saying that after research my recommendation is let’s change the way we negotiate the agreement in the future, not send me down to federal court where there has been precedent established in other states that would cause Williams, Mays and Shepard to have its first loss. Mr. Williams: Well, we don’t want none of those. Keep the record we got now. That’s all, Mr. Mayor Pro Tem. I just wanted to ask what prompted that. I heard that it was the line that it was so long that it was holding up the, the, the tellers and with people cashing their checks and, and, and whatever. But to me that would have been a good thing, to see the people coming into that bank and eventually people would start to bank. But you can’t force people or mandatory that people bank when you house money and so. Mr. Mayor Pro Tem: Mr. Boyles? Mr. Boyles: Thank you, Mr. Mayor Pro Tem. Let me commend our legal staff and our administrative staff for immediately getting on this issue and getting it resolved to the point that we can live with it for this year, and that if we could, keep it somewhere on the front burner so about June to July or whenever we go back out to determine our next banking institution that we be alerted that that’s going to happen. But that, Mr. I move that we accept Mayor Pro Tem, since we have done that, they have done that, this as information. Mr. Cheek: Second. Mr. Mayor Pro Tem: Motion and a second to receive as information. Mr. Grantham? Mr. Grantham: I was just going to ask a question. When, when do we go and negotiate our depository with the banks, Mr. Kolb? Mr. Kolb: Yes, it’ll be sometime this year. We’ll probably start putting something together around February or March time frame. Mr. Grantham: This year? Mr. Kolb: Yes. 53 Mr. Grantham: So we’re within 60 days of doing that? Mr. Kolb: Well, internally we’ll put something together. Whether it comes back to the Commission will probably be, as Mr. Boyles said, sometime this summer or early fall. Mr. Grantham: Well, then based on that, I would like to either amend or ask Mr. Boyles to include that in his motion, that it definitely be done, that we go to the banks with that in mind. Mr. Boyles: I’ll be -- Mr. Kolb: You mean -- Mr. Grantham: During the negotiation of our deposits and how our employees are treated when they go cash at the bank. Mr. Kolb: That’s fine, it will be included as part of our [inaudible], there’s no question about that. Mr. Grantham: Thank you. Mr. Mayor Pro Tem: Mr. Boyles, I think we got a very good motion. I wanted Steve to elaborate on that area because we wanted to do two things. One, we realize that as long as it’s the City’s money that the final buck stops with what we decide as policymakers. There is no really, quite frankly, a set time when, as long as we’re not penalized. We actually, if we decide to, if we’re not pleased with a service, as I said in committee meeting, we could if we decide to, we could decide tomorrow to do what you’re talking about. But I think in terms of it being prudent where we give our Finance Department some time to start to working, quite frankly I’d like to see us, as you say, on a front burner situation. I’m not going to dictate that motion from the Chair, but I’d like to see us quite frankly do whatever we going to do before the summertime gets here. Because we’re starting to set budget calendars, we’re starting to do other things. I think that that needs to be totally out of our way. And I’m going to put this in for the record and both Mr. Kolb and Mr. Russell know how I feel about this and we’ve discussed this separately, and this is not anything [inaudible], in reference to the statement that the bank made and what they’re trying to do in reference to, quite frankly, quote -- unquote -- educating our employees. And I took some offense to that a little bit. Maybe I was wearing a chip on my shoulder, but I think and I repeat the same statement that I made, that if $20 million to $30 million won’t you get you respect then you’re basically not going to be able to get in anyway. And the education does not need to in terms of the check cashing of our employees. I think this is still America, they have a right if they want to, cash it and walk in front of the bank and throw it up in the air. It’s still their money, they’ve earned it, that’s their business in terms of what they do with it. And my suggestion is that while we would gladly accept the services of the bank and all of their 54 expertise and all of the things that they make work in cities of our size, programs of the same institution, that work in Columbia, that work in Charleston, that work in Charlotte, that work in Atlanta, that work at other places, we, we don’t need them to educate our employees on how to cash a check and whether they want a checking account. We need them to come in and to help Warren Smith’s department to leverage federal dollars. We need them to come in where we’ve got single mothers of two that need to be transferred from Section A of the transition [inaudible] public housing to be able to come in and be able to close some of those homes that have been built in low-to-moderate income areas that need to be occupied by people who can do that. They have the capacity, so I want to go on record of letting them know that this Commissioner will accept their expertise, but it’s not in terms of training to cash a check. They know how to do that. They need to be able, if they want to do something within the community, then provide those level of services and to do what their sister banks have done in other cities and so that -- [inaudible] we have plenty of time to deal with, with, with those RFP’s, but I think one thing is going to be very important. If we’re going to deal with a national bank, we need to [inaudible] to see how they’re using those community reinvestment credits. And that’s the final thing I’ll say because some of them are located in other cities and they don’t need to be getting credit over in Augusta for what they’re doing somewhere else and they’re not doing anything here. So I think that’s a key thing, too, to a point that they need to be put on record in terms of doing. And that’s just a point that I wanted to officially add for the record. I think Tommy’s motion is a good one, and if there be no further discussion, all in favor of that motion will do so by the usual sign of voting. Motion carries 10-0. The Clerk: Mr. Mays, we have two items on the table. Mr. Mayor Pro Tem: Go ahead. The Clerk: Item 26 and 42. Mr. Shepard: Mr. Mayor Pro Tem, 46 can go into legal as well. Mr. Mayor Pro Tem: 46 or 26? The Clerk: 26. 26 and 42. Mr. Speaker: ?? Mr. Shepard: After legal. The Clerk: After legal. Mr. Mayor Pro Tem: We got two [inaudible] into legal. The Clerk: [inaudible] after you come out of legal session. 55 Mr. Mayor Pro Tem: Okay. All right. The Chair recognizes the Attorney. Mr. Shepard: Mr. Mayor Pro Tem, I request a legal meeting for the purposes stated, which include pending litigation, real estate and personnel. 46. OTHER BUSINESS: 47. LEGAL MEETING. ?? Pending Litigation ?? Real Estate ?? Personnel Mr. Colclough: I so move. Mr. Cheek: Second. Mr. Mayor Pro Tem: Motion and a second. Any discussion? Mr. Hankerson: Question. 42, are we going to discuss that in legal or after? The Clerk: After. Mr. Shepard: I’ll make a ruling in legal as to what [inaudible] consider there, Mr. Hankerson. Mr. Hankerson: Okay. Mr. Grantham: That would be good. Mr. Shepard: Have we voted? The Clerk: We have a motion to go in. We haven’t voted yet. Mr. Williams: Got a motion and second on it? The Clerk: Yes, sir. Mr. Mayor Pro Tem: Motion and a second that’s there on the motion to go into legal, with the related items that have been so discussed. All in favor of the motion will do so by the usual sign. Any opposed, the same. Motion carries 10-0. [LEGAL MEETING] 56 48. Motion to approve authorization for the Mayor to execute affidavit of compliance with Georgia’s Open Meetings Act. Mr. Mayor Pro Tem: We resume our meeting. The Chair will entertain a motion [inaudible]. Mr. Shepard: Let me suggest a motion, Mr. Mayor Pro Tem. I ask for a motion to approve the execution by the Mayor Pro Tem of the closing meeting affidavit that indicates that we discussed pending litigation, real estate and personnel in the closed meeting, and that excluded [inaudible]. Mr. Colclough: So move. Mr. Williams: Second. Mr. Mayor Pro Tem:I think it should We have a motion and a second, and also be noted in the motion that items 42 nor 42 were discussed as a part of that particular meeting. Mr. Shepard: Right. And 40 was not discussed because that relates to potential litigation, which we did not have [inaudible] legal meeting. [inaudible]. Mr. Mayor Pro Tem: All that can be noted within the motion, Madame Clerk. All in favor of the motion will do so by the usual sign. Any opposed the same. Motion carries 10-0. Mr. Shepard: Mr. Mayor Pro Tem? Mr. Mayor Pro Tem: Yes, sir? Mr. Shepard: If we could, we’ve had Max and Doug Cheek waiting patiently until we resumed our session, and I wanted to put on the record of where we are with reference to that item, if we could discuss that now, sir. Mr. Mayor Pro Tem: Is it to go through the whole report? Mr. Shepard: No. Just a synopsis. A synopsis you can deal with. Mr. Mayor Pro Tem: Go ahead and do that. Mr. Shepard: Item 40, since it will involve potential litigation [inaudible] into session, the affected department, which are Public Works and Utilities, have meetings and we coordinated this last week with Doug and Max who met with me, I think it was Thursday, on the subject and we’re going to have a settlement or conference attempt on January 30. We weren’t able to schedule that before this 57 meeting. We will have it scheduled and have a report back as to whether that might lead to a settlement or whether there should be contractual remedies imposed. That would be our report. Mr. Mayor Pro Tem: Okay. Any questions to the City Attorney concerning The Chair would entertain a motion to receive this as information. that? Mr. Colclough: I so move. Mr. Cheek: Second. Mr. Mayor Pro Tem: Motion and a second. Any discussion? All in favor of the motion will do so by the usual sign. Any opposed the same. Mr. Williams not voting. Motion carries 9-0. Mr. Shepard: This is not [inaudible], Mr. Mayor Pro Tem, but due to the hour I would you excuse those representatives from Utilities. They’ve waited patiently. Mr. Mayor Pro Tem: What have we got? Have we got one they’ve go to deal with? We’ve got 26 and 42? The Clerk: Yes, sir. Mr. Mayor Pro Tem: If we can go to 42 at this time, first, Madame Clerk, and then 26. The Clerk: APPOINTMENTS: 42. Consider the following recommendations for appointment from the Richmond County Hospital Authority for a four-year term. For the Member-at-Large position, currently occupied by Warren A. Daniel, Mr. Daniel not being eligible for reappointment: ?? Hugh Hamilton, 3 Eagleton Court, Augusta, Ga. 30909 ?? William J. Badger, 2642 Henry Street, Augusta, Ga. 30904 ?? John L. Murray, III, 504 Regent Place, Augusta, Ga. 30909 For the Member-of-the-Catholic Faith position currently occupied by Gerald E. Matheis, Mr. Matheis not being eligible for reappointment: ?? John S. Markwalter, 1130 Belmont Drive, Augusta, Ga. 30904 ?? Louis Mulherin, III, 3220 Lake Forest Drive, Augusta, Ga. 30909 ?? Eugene F. McManus, 2642 Hillcrest Avenue, Augusta, Ga. 30904 58 For the Medical Staff position currently occupied by Mac A. Bowman, M.D., Dr. Bowman being eligible for reappointment: ?? Mac A. Bowman, M.D. 3404 Dunnington Place, Augusta, Ga. 30909 ?? Gregory L. Gay, M.D., 1316 Comfort Road, Augusta, Ga. 30909 ?? Wade Blount, M.D. 704 Somerset Way, Augusta, Ga. 30909 Mr. Mayor Pro Tem: Mr. Boyles? Member at large position: Mr. Boyles: I’d like to nominate Mr. Hugh Hamilton. Mr. Cheek: Move to close nominations. Mr. Mayor Pro Tem: Do we have a second on that? Mr. Cheek: Second. Mr. Mayor Pro Tem: [inaudible] I’m coming that way, gentlemen. [inaudible] and I’m going to come to the left. I’m down here with you. Okay, I’ll start and go back up. Commissioner Hankerson first. Mr. Hankerson: I was quick cause I heard a second [inaudible]. I have some questions about the whole process before we start nominating. Is that in order? Mr. Mayor Pro Tem: Go ahead, you’ve got the floor. Mr. Hankerson: Right. First of all, when I looked at these, I didn’t have any talent information on them. Many of you might know all of these, the nominees on the agenda, but I don’t know all of them and I’d like to have some background information on them so I know who I’m nominating or who I’m going to vote for. Another question I had about it was the same one that the Mayor and the Attorney were discussing when it came up about the Catholic faith position. Well, then when I asked for some information on it I find out that they had a representative from the religious community and it stated Catholic faith, the Jewish faith and then I think [inaudible] somebody from the black community to be nominated. The problem here as I looked at the individuals that serve on the board, I know that you have Rev. Clyde Hill is on the board and, is, I guess that’s as a minority person, but I was questioning whether he’s serving as one of these religious, in the religious area, cause as Mr. Cheek said, that he was wanting a Baptist, but if he’s a protestant then is he serving in the capacity of the religious area or is he serving in the capacity as one of the minority community? It’s nine individuals on here. My understanding is eight, I think eight members on the board and one appointed from the Commission makes nine. To be consistent with the other comities as it was mentioned in this one we just passed to have ten, ten individuals, I think that we -- I would like to see another individual added to the, to the board to represent the minority community, because I only see two minorities on the particular board. Dr. Mac Bowman, I know him. And Rev. Clyde Hill. And if they would add one other, one on, another minority to 59 represent the, the minority community and Rev. Hill is a minister, is religious community, I would like to see that information. I would like to see them add one, that we simply add another member to that, to that board. And if we have to hold this, hold the nomination until we get that information, cause I mean if you don’t have the background information on them, you don’t know who you’re voting, you know. Mr. Mayor Pro Tem: Let me, let me say this, and I’ll yield to the Attorney and I think Mr. Grantham probably wants to make a substitute motion. I think your asking questions is in order, Commissioner. I think with the lateness of the hour, two things I think you’ve got. You’ve got a new Commissioner that’s not new to the workings that’s there that will be going to the board. You have a current Commissioner that’s not an appointee from this board that’s still on the Hospital Board. I’m thinking we probably, and before Don goes ahead, or Jimmy if you want to [inaudible] something on this and I recognize you, but I’m thinking with the timeframe we’re dealing with tonight, we’ve been asked a lot of different questions about the makeup, the makeup where you just talked about, how some of the things that have come in, and I’ve learned a long time ago, at University you’ve got three to four different tiers of legislation that’s there and of different groups that are there and of different boards. I think probably to get some information to come back to us in two weeks, in terms of finding some of this information in the meantime, you can correspond with the board member [inaudible], there is also even a question, Steve, we were going to ask, being made in reference to Mr. Smith being able to still serve because he’s not a Commission appointee on that board. He’s been appointed outside of this Commission. So I think there are some things to be asked, and it might be in order tonight that if we, if we deal with delaying it, be able to, to supply the board member with some questions to ask at their board meeting and then be able to come back in two weeks to make some decisions up and down on this, Rev. Hankerson. That’s kind of where I was thinking we might want to go with it. Cause some of it tonight I think is going to have to be addressed part by us, but then some of it is going to need to be addressed by them, rather to them. At the hospital. Because this is not one of our normal boards that we have set up. Because there is legislation that has created that Authority that’s there. And so I think we probably need to get that in order and that would give us time to get a laundry list of what we need to do. That’s just a suggestion. Steve, [inaudible]. Mr. Hankerson: So what you’re saying is then as we did for the Downtown Authority that we just motion to add ten members to, we can’t do this for this Authority because we don’t have control over the Hospital Authority as we do the one that we’re appointing, is that what you’re saying? Mr. Mayor Pro Tem: This is probably the one you’ve got least control over that exists. I’m not saying that in a funny way but historically when they’ve sent names to a point, and I’ve always said this and Steve and I have discussed it in the past, I almost wonder sometimes, you know, why we even deal with the ratification, because basically it comes out of the board and sent to us per se to deal with. But Steve, go ahead [inaudible] statute. 60 Mr. Shepard: Thank you, Mr. Mayor Pro Tem. What I was going to say is that in the agenda, not in the agenda book, but in your boards and authorities book, there is citation to the authority [inaudible] creating this entity, Mr. Hankerson, and it is cited to the Constitution of this State and statutes which were enacted as early as 1941 and amended as late as 1985. And so I think if you have questions, which I know you have voiced, I can’t answer them off the top of my head because I didn’t anticipate this question. But I will be happy to go through the, go through the legislation and its history, how the seats became named for various faiths, and it will be something we should address next time. It may be something we have to address through the Legislature. The answer to your question is did we create this authority as a body here, the answer is no. And its creation can be traced in your, in your book back through these what we call history lines of Constitutional enactment and statutory enactment. Mr. Hankerson: Well, who has the power to add another member? Could the board themselves? Either the board -- Mr. Shepard: Well, I’m going to reserve that question because it would be, I think, since they’re a creature of statute here, the Legislature could work in that area. That’s -- whether there is an amendment from the Legislature delegating that to the board I would just have to give you in a memo, but my experience has been they could send over groups of names from which we chose a name. Mr. Hankerson: I don’t have a problem, I’m not objecting, you know. I already know who I’m going to vote for on the ones they send over, but the need that I see, we need some more minority representation at at-large. If you read that, I think they have at- large members, somebody represent the religious community. That’s how you got the Catholic and the Jewish that you all were talking about. But I think their intentions were to have someone to represent the religious community. Now Rev. Clyde Hill, Dr. Clyde Hill is on there. So if he represents, if he’s on there to represent the religious community, then that would satisfy all those faiths and so forth, but I’m concerned about the at-large having another, a minority to represent at-large, because of the fact that, you know, we discuss a lot about indigent care and all of that, that our needs [inaudible], and I just think that we need out of nine, I think that we need some more minority representation. If they were willing to add another person to the board for a, for a minority at large to serve. That’s, that’s my concern about it. Mr. Mayor Pro Tem: What I was looking for, Rev. Hankerson, because I think we’ve got two or three questions that have arose tonight in reference to the makeup, what we can add, what we cannot add. And what I think what might need to be done, if we got that many questions at this point, would be to a point of dealing with a substitute motion that would cover our two, our board member that we just appointed, Mr. Smith is still there until otherwise a decision is made, is still a board member there, so in essence it gives us two people going back over there. But there are questions that can be directed to the Attorney to be somewhat of a [inaudible] that these things can be asked of University’s Board that are concerns, and then I think that would give us the time to get back to this board, not just with the nominations, but in terms of the position where they 61 are, the Attorney time to be able to deal with the proper statute and how this has been created, cause you’ve gone from the City Hospital Authority to a County Hospital Authority, one that the Legislature changed and took it back out, then you’ve got three to four tiers of [inaudible] in there. You’ve got something I think that’s going to go past tonight that maybe needs to be, to be answered so that you can get to this whole deal. And I’m just thinking maybe that might be the time to allow him to get with that and you’ve got board members going back, and then ask those specific questions so that when we come back, the questions that you’re asking and others are asking about the makeup of the board, all that can come back to us to give us some time to deal with that [inaudible] going go. And of what authority do we have in terms of how to deal with that. Mr. Hankerson: Okay. My question is very simple to the ones going back. Will they increase minority participation on the board? Mr. Mayor Pro Tem: And I think that can be well taken [inaudible]. Mr. Commissioner Smith, and then I want to recognize Commissioner Grantham. Mr. Smith: I’ll just hold mine, Mr. Mayor Pro Tem. Mr. Mayor Pro Tem: Okay. You want to go ahead? Mr. Grantham : Well, after all the confusion, I’m going to make the substitute My substitute motion would be that we delay taking action on the request motion. from the Hospital in regard to filing these three positions. I think they’ve sent us excellent people to serve in this capacity, but with the questions being asked and I think the confusion as to how we select those that -- we either know these individuals or there may be some questions out there that we might want to raise. And so I would ask that we delay this until our next meeting and that we vote on that at that time. Mr. Cheek: Second. Mr. Mayor Pro Tem: Motion and a second. Is there further discussion? Ms. Beard: Discussion. Mr. Mayor Pro Tem: Yes, ma’am, Ms. Beard? Ms. Beard: I do believe they have another minority board member, Quincy Robertson. Mr. Hankerson: I can’t hear you, Ms. Beard. Mr. Mayor Pro Tem: He couldn’t hear you, Ms. Beard. 62 Ms. Beard: I believe Quincy Robertson is on this board. Isn’t that right, Jimmy? Mr. Smith: Yes, that’s correct. Mr. Hankerson: So that -- The Clerk: Three. Mr. Hankerson: Three? The Clerk: Dr. Mac Bowman, Quincy Robertson -- Ms. Beard: If he gets it, Mac Bowman. The Clerk: He represents medical -- Mr. Cheeks: Call the question. Mr. Smith: Mr. Mayor Pro Tem, let me go ahead and say something. Mr. Mayor Pro Tem: Okay. I’ve got a motion and a second on the substitute. The Chair recognizes Commissioner Smith. Mr. Smith: I’ve been on that board now for eight years and it’s the most professional run organization I’ve ever been able to work with. And these names, I had no idea who they were going to put, but they all are good. Every one of them that they recommended. They recommended people they feel like they can work with and have the experience of this kind of stuff, and as far as I know, and I can’t ever remember a committee turning down their recommendation. That I can remember. But whatever the Commission thinks is best, I certainly go along with it. Mr. Mayor Pro Tem: I think you’re correct on that aspect, Mr. Smith. The only time I believe it may have been one that was rejected, may have been two people that had two different doctors and each of them [inaudible] tied up and they had a situation to work that out. But I think that in the lateness of the hour and it’s basically not questioning the quality of the people that they’re nominating, just on some aspects of how this is done and where it sits on there then -- frankly, I could personally go ahead and vote tonight, but if it will, if we’ve got Commissioners that, that have those questions that need board members to bring back that in two weeks, if that’s not going to destroy their board makeup to do it. Mr. Williams: How many motions you got, Mr. Mayor Pro Tem? Mr. Mayor Pro Tem: The place is full of them. You got two of them on the floor. You’ve got a substitute one that it be done in two weeks and within that time you’ll have board members that can ask through the Attorney [inaudible] some of those questions 63 that’s out there or you can, if that one doesn’t go, you can go back to the original one, with one nomination out there, then it can be either amended to take the one they are recommending or however we want to do it. Mr. Williams: Okay. Well, I call for the question, let’s go ahead and vote, cause I ain’t going to know no more in two weeks about these folks than I know today unless I get sick and I ain’t planning to go that route. So let’s vote. Mr. Mayor Pro Tem: It’s, we’re on the substitute motion, and that’s for allowing it to come back within a two week period. All in favor of the motion will do so by the usual sign. (Vote on substitute motion) Mr. Williams votes No. Motion carries 9-1. Mr. Mayor Pro Tem: Steve? Mr. Shepard: Mr. Mayor Pro Tem, we had one other item to discuss in terms of potential litigation and we need to receive a motion from the Assistant Administrator relative to a stipulation entered in the case of Tripartite – the Augusta Judicial Circuit Tripartite Indigent Defense Committee versus Augusta Richmond County, which stipulation was entered on December 8, 2003, requiring [inaudible] money for the purpose of a modular building. Mr. Russell: Mr. Chairman, I’d like to request that you add and ratify the agreement to meet the terms of that stipulation that the lawyer just mentioned, it was entered on December 8, an agreement with our lawyer and their lawyer with reference to providing office space for the Indigent Defense and Public Defender’s Office. The cost of that is $265,370.04. This would provide modular office space on land currently owned by the City. Mr. Cheek: So move. Mr. Boyles: Second. Mr. Mayor Pro Tem: Motion and a second. Is there any discussion? None that way, none that way. All in favor -- Mr. Shepard: Is that a motion to add and approve? Mr. Mayor Pro Tem: Yes, it is. Mr. Cheek: Add and approve. 64 Mr. Mayor Pro Tem: All in favor of the motion will do so by the usual sign. Any opposed the same. Motion carries 10-0. Mr. Mayor Pro Tem: We got one left, right? The Clerk: Item 26. You want me to read the caption? Mr. Mayor Pro Tem: Yes, ma’am. The Clerk: 26. Motion to authorize the Public Works & Engineering Department to hire a Design Engineer I at a salary up to $68,000 to be funded from the Highway & Street Administration Budget. (Approved by Finance & Engineering Services Committee January 12, 2004) Mr. Cheek: I move to approve. Mr. Williams: Second. Mr. Mayor Pro Tem: Got a motion and a second. Is there any discussion? Commissioner Cheek first. Mr. Cheek: Mr. Mayor Pro Tem, just a quick comment. I understand the sentiments and the concerns expressed by the Commission. But to not approve this would be the equivalent of standing before the dike with three or four holes appearing in it, plugging two and saying we’re not going to plug the other one because we’re not sure what’s causing the dam to leak. The main thing is the water’s rising and we need to fill this position. We’ll correct the other problems, be they real or perceived, in the future. I bear the burden of correcting these things as Chairman of Engineering Services on my shoulders and I will work on it diligently, but we need to fill this position and move on and not cut off our own nose to spite our face. Mr. Mayor Pro Tem: Did we get a second on that, Madame Clerk? The Clerk: Yes. Mr. Mayor Pro Tem: Motion and a second. Any further discussion? All in favor of the motion will do so by the usual sign. Mr. Boyles, Mr. Smith and Mr. Grantham vote No. Ms. Sims abstains. Motion carries 6-3-1. 65 Mr. Mayor Pro Tem: Does that conclude us, Madame Clerk? The Clerk: Yes, sir. [MEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission hereby certify that that above is a true and correct copy of the minutes of the Regular Meeting of Augusta Richmond County Commission held on January 20, 2004. ______________________________ Clerk of Commission 66