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HomeMy WebLinkAboutJune 21, 2005 Augusta-Richmond County Commissi REGULAR MEETING COMMISSION CHAMBER JUNE 21, 2005 Augusta-Richmond County Commission convened at 2:07 p.m., Tuesday, June 21, 2005, the Honorable Marion Williams, Mayor Pro Tem, presiding. Present: Hons. Hankerson, Smith, Grantham, Colclough, Mays, Beard, Sims, Cheek and Boyles, members of Augusta-Richmond County Commission. Also present: Steven Shepard, Attorney; Fred Russell, Administrator; Lena Bonner, Clerk of Commission. The invocation was given by Rev. Dr. Paul W. Gardner, Sr. The Pledge of Allegiance was recited. SPECIAL RECOGNITION/PRESENTATION: A. Honorable Bob Young, Mayor B. CONGRATULATIONS! Mr. Michael S. Carlson, Assistant District Attorney of the Augusta Judicial Circuit, who was the recipient of the J. Roger Thompson Award from the Prosecuting Attorneys Council of Georgia for his contribution in training entry Level prosecutors. (Requested by Commissioner Tommy Boyles C. CONGRATULATIONS! Ms. Nakita Taylor, Augusta Utilities Department, on earning her degree of Masters of Business Administration – Management from Troy State University during Commencement Exercises held Friday, May 27, 2005. (Tape starts here) Mr. Mays: I’d like for them to stand for just a moment. I’m sure he’s got plenty of things to do at the courthouse so we want to if we can let him be able to get back over there. Mr. Grantham: Second. Mr. Mayor Pro Tem: Hearing no objection, Judge, you want—anything you would like to say about this item, 35 in our book here? Judge Bowen: Mr. Mayor Pro Tem, members of the Commission, I would like to say a little bit beyond item 35. I would like to say this. If there is any individual in this county and city that has any doubt about the functionability of our city and county thth government, go take a ride up Telfair Street and look between 8 and 9 and see the steel structure that rises on West Ford Street. Ten years ago, I initiated an effort to put a building up for our Bankruptcy Court and other services, specifically Bankruptcy and the 1 United States Attorney. The only support that I had at that time was the City of Augusta and Richmond County. The three past mayors—that’s three, including Mr. Young—and the commissions throughout that time have been unanimous, have been strong, have been supportive in every way, and when I couldn’t get any help from the federal government, I got help from this body. And I simply want to tell you that all of the people who will use that facility and all of the people who will be affected by it owe you and your predecessors a debt of gratitude. Thank you. Mr. Mayor Pro Tem: Thank you, Judge, for those comments. Hearing no objection, we’ll go ahead and add that to the consent. Commissioner Cheek? Mr. Cheek: Also, 35A is essential for St. Sebastian project. And without any objection from the body I’d like to see that added to the consent agenda, too. Mr. Mayor Pro Tem: I’m going to have to object, Mr. Cheek. I need just a little bit of discussion on it. I need to just talk about it for a minute. That doesn’t mean it won’t be approved but I would like to have some discussion. We got the Judge in here, we’re want to try to get him out of here. But the rest of us going to be here for a while. Mr. Colclough: Mr. Mayor Pro Tem? Mr. Mayor Pro Tem: Mr. Colclough? Mr. Colclough: On item 10, I’d like to pull that. I’d like to get a little—as a matter of fact if someone can tell me if changing the road signs are going to cost us any money. Just pull it. Mr. Mayor Pro Tem: If we are going to pull it, let’s not discuss it now. Let’s go ahead and just pull it. Mr. Colclough: Just pull it and we’ll discuss it later. Mr. Mayor Pro Tem: Commissioner Hankerson? Mr. Hankerson: I’d like to pull 11, please. Mr. Mayor Pro Tem: 11. Anybody else? Ms. Sims, anybody on that end? I’d like to pull a couple of items. Like to start with item 17, item 25, 30 and 31. In fact, 30 and 31 can be a pair of items together, I just need some clarification on those two. If everybody have an opportunity to pull, the we go ahead and vote on consent agenda. CONSENT AGENDA: PLANNING: 1. FINAL PLAT – REID COURT SUBDIVISION – S-568-REV-II –A request for concurrence with the Augusta-Richmond County Planning Commission to 2 approve a petition by H. Lawson Graham & Associates, on behalf of Jimmy Garren, requesting final plat approval for Reid Court Subdivision. This project contains 5 lots and is located on Reid Court of Reid Road. 2. FINAL PLAT – ELDERBERRY, SECTION II – S-705 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve petition by James G. Swift & Associates, on behalf of Connie & Larry Force, requesting final plat approval for Elderberry, Section II. This residential subdivision is located off Harper Franklin Drive, adjacent to Elderberry, Section I and contains 57 lots. 3. FINAL PLAT - PINEHURST, SECTION 6, PHASE II – S-688-II – A request for concurrence with the Augusta-Richmond County Planning Commission to approve petition by Southern Partners, Inc, on behalf of Nordahl & Co., Inc., requesting final plat approval for Pinehurst, Section 6, Phase II. This residential subdivision is located on Laural Drive and Jasmine Way, adjacent to Pinehurst, Section 6 and contains 4 lots. 4. Z-05-52 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Becky Dailey, on behalf of Wanda Dailey, requesting a Special Exception to establish a foster care home per Section 26-1(g) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property at 3611 New Karleen Road and contains .49 acres. (Tax Map 128 Parcel 74) DISTRICT 8 5. Z-05-53 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Lauth Property Group, on behalf of Henry Harris and Rachel Tiller, requesting a Special Exception to establish a public parking area per Section 8-2 (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property located at 705, 707, 711, 715, 721 and 723 Wrights Ave. and containing .94 acres. (Tax Map 35-4 Parcels 542, 543, 544, 546, 547, 548 & 549) DISTRICT 1 6. Z-05-54 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Allen Collier requesting a change of zoning from Zone R-1C (One-family Residential) to Zone R-1E (One-family Residential) affecting property located at 1113 Twiggs Street and 712 and 722 Hall Street and containing .70 acres. (Tax Map 59-2 Parcels 151.3, 158, 159 & 162) DISTRICT 1 7. Z-05-56 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Julian Paul James and Glenda C. James requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting approximately 1 acre that is known as part of 4160 Deans Bridge Road. (Part of Tax Map 150 Parcel 4.1) DISTRICT 8 8. Z-05-57 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Jaime Florez requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property located at 2521 Milledgeville Road and containing .70 acres. (Tax Map 71-4 Parcels 14.02 and 14.03) DISTRICT 5 9. Z-05-58 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that a no left turn sign be 3 placed at the Lovett Drive intersection and directional signage be included in the restaurant parking lot encouraging patrons to utilize Floyd Road to connect to Reedale Avenue to use the traffic signal at Peach Orchard Road a petition by Edwards & Neff Engineering, on behalf of Verna Mason, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone B-2 (General Business) affecting property located at 3125 and 3127 Peach Orchard Road and containing 1.50 acres. (Tax Map 110-3 Parcels 52 and 53) DISTRICT 6 10. Deleted from the consent agenda. 11. Deleted from the consent agenda. 12. SPA 4 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve that a Note to be included on Site Plans, changing freeboard requirement from 2 foot to 3 foot to be consistent with the Flood Damage Prevention Ordinance. PUBLIC SERVICES: 13. Motion to approve a request by Don Q. Lim for an on premise consumption Beer license to be used in connection with Dragon Express located at 2174 Gordon Hwy. There will be Sunday sales. District 5. Super District 9. (Approved by Public Services Committee June 13, 2005) 14. Motion to approve a request by Nikhil Desai for a retail package Beer & Wine license to be used in connection with SMSJ Corporation d/b/a Raceway 921 located at 3224 Deans Bridge Rd. District 5. Super District 9. (Approved by Public Services Committee June 13, 2005) 15. Motion to approve a request by Rita S. Patel for a retail package Beer & Wine license to be used in connection with Raceway located at 1236 Gordon Hwy. District 1. Super District 9. (Approved by Public Services Committee June 13, 2005) 16. Motion to approve a one year renewal of a contract for senior nutrition food services with G.A. Foods for the period of July 1, 2005 through June 30, 2006. (Approved by Public Services Committee June 13, 2005) ADMINISTRATIVE SERVICES: 17. Deleted from the consent agenda. 18. Motion to authorize for continuation of the “Economic Development Ombudsman-Business Support & Retention Program. (Approved by Administrative Services Committee June 13, 2005) PUBLIC SAFETY: 19. Motion to authorize acceptance of funds (approximately $5500.00) donated through The Community Foundation for the CSRA to be used for reimbursement of veterinarians performing spaying and neutering of county owned adoptable animals in the Animal Services’ surgical suite. (Approved by Public Safety Committee June 13, 2005) 20. Motion to approve purchase of software, services and equipment for implementation of Shelter Management Software for the Animal Services Department. (Approved by Public Safety Committee June 13, 2005) 4 21. Motion to approve purchase and installation of a TouchPrint Enhanced Definition 3800 Live Scan with Integrated Full Hand Scanner quoted Indentix Incorporated. (Approved by Public Safety Committee June 13, 2005) FINANCE: 22. Motion to approve a request from the Human Relations Commission regarding the replacement of funding in their budget the amount of $13,277 funded from General Fund Contingency. (Approved by Finance Committee June 13, 2005) 23. Motion to approve the acquisition of One Compact Pickup Truck for the Utilities Department – Water Production Division – Raw Water Pumping Station Branch from Bobby Jones Ford of Augusta, Georgia for $14,775.25 (lowest bid offer on Bid 04-120). (Approved by Finance Committee June 13, 2005) ENGINEERING SERVICES: 24. Motion to approve the Solid Waste Department to negotiate all aspects of the New Solid Waste Collections Contract with the existing contractors and subcontractors in an effort to expedite the contracting process as instructed by commissioners at the commission workshop on May 27, 2005. (Approved by Engineering Service Committee June 13, 2005) 25. Deleted from the consent agenda. 26. Motion to receive as information that the solid waste collections fund (542) is operating at a negative balance and corrective action will be needed at a point in the future. (Referred from May 31 Engineering Services) (Approved by Engineering Service Committee June 13, 2005) 27. Motion to approve the concept of changing the billing system for Solid Waste Collection from a millage and fee based system to one that is based solely on a dedicated millage for solid waste collections. (Approved by Engineering Service Committee June 13, 2005) 28. Motion to approve the recommendation of the Public Services Department regarding the storm water drainage pipe on the property of Mr. Eddie LeClair at 219 Lafayette Drive. (Approved by Engineering Service Committee June 13, 2005) 29. Motion to approve $50,000 of One Percent Sales Tax Contingency Phase II funds to perform capital improvement for stop signs and appurtenant equipment and software to bring Augusta into compliance with the 2003 edition of the Manual on Uniform Traffic Control Devices. (Approved by Engineering Service Committee June 13, 2005) 30. Deleted from the consent agenda. 31. Deleted from the consent agenda. ATTORNEY: 32. Consider Human Relations Commission Ordinance Amendment. (Approved by the Augusta Commission June 7, 2005 – second reading) PETITIONS AND COMMUNICATIONS: 33. Motion to approve the minutes of the regular meeting of the Augusta Commission held June 7, 2005. 5 ENGINEERING SERVICES: 35. Motion to approve Agreement for the enclosure of the Federal Court campus area including the new Bankruptcy Federal Annex. (No recommendation from Engineering Services Committee June 13, 2005) Mr. Mayor Pro Tem: All those in favor, let it be known by the normal sign of voting. Motion carries 10-0. [Items 1-9, 12-16, 18-24, 26-29, 32-33, 35] Mr. Mayor Pro Tem: Madame Clerk, we’ve got a room full of people here and before we go back to our consent agenda I’d like to jump over to a very interesting part of our agenda and I think we got a lot of people to either be witness to or to hear about the election of the Interim Mayor. I’d like to go to item 34, if I can take the Mayor Pro Tem’s privilege in doing that. Let me make a couple of statements. I’ve been telling the press that I’ve been considering and I been reconsidering and I’ve been approached and I’ve been asked to and I’ve been asked not to run for this Mayor’s seat. And I told Sylvia on yesterday if anything changed I’d be sure to call her. She’s my personal friend over to the Chronicle who keeps everything on the front page, I guess. But I decided that I’m not interested in the Interim position, nor the position. So you don’t have to worry about that. I wanted to make sure that that’s out there plain. I thought about it hard and long, I even prayed about it. I had people to approach me that asked me to do it and I had people to say that I shouldn’t do it. So I believe those who said I shouldn’t do it and I don’t think I should do it either so I’m taking that route. I know we got some nominations out there. We are going to be fair to everybody, we going to go ahead and to this. Madame Clerk, if you’ll just go ahead and read the agenda item and then we’ll go down the line. You’ve got an opportunity to put your name out there, just don’t use this one. The Clerk: ELECTION OF OFFICERS: 34. Election of the Interim Mayor. (Referred from the June 7, 2005 Commission meeting) Mr. Mayor Pro Tem: We’re going to start at this end and come right on around. I see Commissioner Hankerson, Colclough, then Mr. Grantham. Mr. Hankerson: Thank you, Mr. Mayor Pro Tem. We do have some very good candidates. Some names that had been recommended for this post. I mentioned three weeks ago when it was on the agenda for the process to begin and for that reason I stated at that time not knowing who the candidates was going to be but thought it would be best if once we find that a Commissioner had to step down that it would be best that someone from the outside would serve as the interim, for the short span of time of 45 days [inaudible] to serve as interim, they can just go ahead and just take care of the Mayor’s office and the Commissioners would continue to do what they are doing until time of the 6 special election, which has not been named yet, September or November. I was asked who would I recommend and I stated I would recommend James Kendrick for that position, after speaking to Mr. Kendrick, and Mr. Kendrick said if we wanted him to he would serve and he was available to serve. He’s a businessman in this community. He worked hard on race relations initiative and things like that. He’s well respected in the community and I think that he would be neutral and just take care of the Mayor’s position. So with that note I’d like to nominate James Kendrick. Are we taking nominations or motion? Mr. Mayor Pro Tem: Nominations. Mr. Hankerson: Nominations. Mr. Mayor Pro Tem: Mr. Colclough? Mr. Colclough: Mr. Mayor Pro Tem, I’d like to nominate Mr. Willie Mays. Mr. Mayor Pro Tem: Mr. Grantham? Mr. Grantham: My nominee has already been named. I second the nomination of Mr. James Kendrick. Mr. Mayor Pro Tem: Ms. Beard? Ms. Beard: I move that the nominations be closed. Mr. Hankerson: I second. Mr. Mayor Pro Tem: Been a motion and second that the nominations come to a close. We’ll vote on the nominations, Ms. Bonner, in the order the nominations were received, is that the way we do it? The Clerk: Yes, sir. Mr. Mayor Pro Tem: Our first name is Mr. Kendrick. The Clerk: Mr. James Kendrick. Mr. Mayor Pro Tem: All those in favor of Mr. James Kendrick serving as the Interim Mayor until the special election, let it be known by the usual sign of voting. (Vote on nomination of Mr. Kendrick) Mr. Williams votes No. Ms. Beard, Mr. Mays, Mr. Colclough and Mr. Cheek abstain. Motion fails 5-1-4. 7 Mr. Mayor Pro Tem: Now all those in favor Mr. Willie Mays for the interim position as Mayor until the special election be held let it be known by the normal sign of voting. (Vote on nomination of Mr. Mays) Mr. Smith and Mr. Grantham vote No. Mr. Boyles and Ms. Sims abstain. Motion carries 6-2-2. (A round of applause is given.) Mr. Mayor Pro Tem: Madame Clerk— Mr. Boyles: Mr. Pro Tem? Mr. Mayor Pro Tem: Yes? Mr. Boyles: May I make a motion that the selection of Mr. Mays be unanimous? Ms. Sims: Second. Mr. Mayor Pro Tem: I think I heard that before, Tommy. Been motion and properly seconded. All those in favor let it be known by the normal sign of voting. Mr. Cheek out. Motion carries 9-0. Mr. Mayor Pro Tem: Mr. Mays, would you like to have anything to say? I’m still the Mayor Pro Tem and still presiding now. I [inaudible]. You have not taken the gavel yet, but do you have any remarks you’d like to make? Mr. Mays: Mr. Mayor Pro Tem, I won’t bother you about that gavel today period if I don’t have to. Let me say this to my colleagues, and I guess I probably, before making any comments, I need to ask the City Attorney because I cannot be in two places at one and whether or not that resignation needs to be in writing or can it be in the form of an oral resignation. And I guess I ask him because he’s been more familiar with it than anybody else has [inaudible] when we appointed Ms. Sims. So I guess that might be the first order of our business. Mr. Mayor Pro Tem: Mr. Interim Mayor, we allow you and your attorney time to— Mr. Mays: Mr. Mayor Pro Tem, out of respect for the chair, so that it will be public, it was just a matter of the attorney informing me that he had oaths on the way here just in case anybody was selected today and that the resignation, particularly if it was a 8 member of this Commission needed to be done in writing, and that’s not a problem and I think to continue to proceed with [inaudible] and as [inaudible] until it gets there and I don’t want to be out of order, you know, by voting in terms of anything at this point. Let me say since I’ve been accused of talking, I can fill in those few minutes for you, Mr. Attorney, until that oath gets here or until the Mayor Pro Tem decides to gavel me to shut up in order to do it. But I’d like to thank my colleagues who have selected me today in a democratic process. I first want to go back and say that to the other person that was on the nominations and I could not sit and vote no; however, I knew that when my name came up I wanted that opportunity to at least get the chance to vote for myself. But I could not cast a vote against a person that has been a supporter of mine, a friend, a business colleague for the past—I guess since I’ve been old enough to drive, and that was before I got a driver’s license. And that being in the person of James Kendrick. He does I think a wonderful job for this city, this community, as the past president of our Chamber of Commerce, our current board chairman there, and will continue to do great things in this community. And I would like for this Commission and this body to give him a round of applause for his citizenship and the good work that he does in this community. (A round of applause is given.) Mr. Mays: I guess I can remember back to a night in 1979 when this Chamber looked a little bit different and had a steel rail over it and I got—I think I found that picture the other day—big Afro and all, that I got my start here when I was first elected to the Augusta City Council. And it’s been a lot way. I’ve seen this city grown in so many ways that are positive. I realize that we have the potential to do anything in this community that we set our minds to do. That’s one great thing that we have and that’s the strength and the diversity of our people. I think when you look at Augusta you really now look at an international city, those who have lived here, those who were born here, those who come from all parts of the world to now call themselves Augustans. Some have said what will you do now with this particular job? I guess I’ll be coming to work over here a lot earlier. Someone said what will you do past then? I don’t know. In two weeks I may want to say to you ladies and gentlemen, you know, you may want to have another selection, you may want to come back, I’ve got something I want to give to you, a little present. But on a serious note, I thank you for this challenge. We’ve got a lot of things to do. There’s an election going on this day in this city that’s very important. We will have possibly two, maybe three elections within the first week of November that determine the future of this community. And I think the hands of all of us will be very, very full. We’ve got a sales tax in November that it is imperative that this community passes, that this Commission comes together and puts one together that everybody can buy into, that will be positive for the future and the growth of this community, and I think that can be done. Mr. Mayor Pro Tem: Mr. Mays, if I can, I’m not going to have this opportunity too often, but I’m going to cut you off right there just for a minute. [Laughter] 9 Mr. Mayor Pro Tem: What I’m going to do is go over our consent agenda which you wouldn’t have to vote on [inaudible]. We want to get those items passed and I got this gavel and I need to use it while I got it. Mr. Mays: Mr. Mayor Pro Tem and fellow that just voted for me, I’m not going to object to that at all. I was just trying to fill that gap in. It’s just like I see some radio personalities out there. But one thing I do want to do, Mr. Mayor, before I acknowledge that is the fact that in coming over here to this courthouse I have the opportunity to do a lot of things away from my office and I see the presence of some of my staff that keeps me going and those that will still be there on James Brown Boulevard, I’d like to recognize them just by standing for just a moment. Booker T., you’re not going to do that much, you might as well stand at the same time. [inaudible] you’re not going to get a raise, nothing else is coming to you. So those of you [inaudible] some that have been with me for 20 years, [inaudible] been with us since ’62, Booker T. since ’63, if you would stand for just a moment, because these are the people that give me the opportunity away from home to be able to come and to be able to give service which I enjoy doing and if it wasn’t for them I wouldn’t be able to spend one minute away from our family’s business. So I want to publicly thank them for that time that they give to us there. I know some of you are probably even glad that I’ll be going for a while but like the Terminator I’ll be back. [Laughter] [A round of applause is given.] Mr. Mayor Pro Tem: Ms. Beard? Ms. Beard: Willie, I’d like to be the first to commend you on your appointment as Interim Mayor. And while these wonderful people are here I’d like to make one minor request, and that is that we make a conscientious effort to shorten the meetings. [Laughter] Mr. Boyles: That’s a second from this end, Ms. Beard. [A round of applause is given.] Mr. Mayor Pro Tem: Madame Clerk, on that note we’ll go to the consent agenda. [Laughter] Mr. Mays: Mr. Mayor, since you made that request to me I can go even further. I’ll even to a point that if it gets too long, guess what, since I don’t have a vote any more, I’ll leave you all to decide. [Laughter] 10 Mr. Mayor Pro Tem: We’ll go to our consent agenda and get back on track. Commissioner Colclough had a couple of items and I’ve got a couple of items. Just wanted some clarification on. Not that we pull them. So we go back to our consent agenda and get that out of the way and hopefully by that time Mr. Shepard have what he needed. The Clerk: 10. Z-05-59 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that a no left turn sign be placed at the Lovett Drive intersection and directional signage be included in the restaurant parking lot encouraging patrons to utilize Floyd Road to connect to Reedale Avenue to use the traffic signal at Peach Orchard Road a petition by Sherman & Hemstreet, on behalf of Ethel M. Welch, requesting a change of zoning from Zone R-1A (One-family Residential) and Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property located at 2102 Lovett Drive and 3129 Peach Orchard Road and containing approximately 1 acre. (Tax Map 110-3 Parcels 61 & 62) DISTRICT 6 Mr. Mayor Pro Tem: Mr. Patty, are you going to address this? Mr. Colclough: I just need to ask a question. Changing these signage, is that going to cost the county or the petitioner going to absorb this cost? Mr. Patty: I don’t think that’s been discussed but let me tell you, you’ve got two locations there. Both of them are going to be major, busy restaurants, and if you’ve ever tried to make a left turn out of Lovett toward town, it’s dangerous. I mean it’s fast moving traffic and it’s a long way across there before you get to the protection of that median. We hate to think what would happen if the majority of this traffic entered and exited these restaurants left turning in or left turning out. I think, and the traffic engineer agrees, that we need to prohibit a left turn at that location. Now, who will put up that one sign, yes? Mr. Colclough: My question is who is going to absorb the cost for changing the signage? Can you answer that question for us? Mr. Mayor Pro Tem: Give us your name and address for the record, please. Mr. Harrison: My name is Ben Harrison. I’m with Sherman & Hemstreet and I’m speaking in reference to item 10. The signs that are being referred to are on Lovett Drive and there are actually two people applying to have rezoning, one on either side of that drive, and I would suggest that since there are two applicants to make use of those signs perhaps the City would feel in their best interest to pay for those, rather than having one applicant pay. 11 Mr. Colclough: So why can’t the applicants share the cost? Why do the City have to absorb it? Why can’t the applicants share the cost of putting the sign up? Mr. Harrison: Well, who would coordinate that and the timing issues involved. Mr. Colclough: You could coordinate it through Planning & Zoning. Mr. Harrison: I guess that might be an acceptable manner if you’d like for us to do it that way. Mr. Colclough: Appreciate it. Thank you. Mr. Mayor Pro Tem: I think the agenda item, though, says to approve, Mr. Colclough. Mr. Colclough: I just needed that for information, Mr. Mayor Pro Tem. I make a motion that we approve it with those stipulations. Mr. Mayor Pro Tem: Do I have a second? Mr. Cheek: I’m going to second it but— Mr. Mayor Pro Tem: Mr. Cheek? Mr. Cheek : Here we have the opportunity to have a couple of nice establishments come in to an area that’s been crying for it since I’ve been a child and we’re fighting over paying for signage which is probably pretty darn cheap compared to the overall scope of the tax revenues that are going to be generated by these properties. For the life of me, here we are claiming to open and embrace our arms to new commerce I’m going to make a and trade and here we are quibbling over the prices of signs. substitute motion that we approve it as is. Mr. Boyles: Second. Mr. Mayor Pro Tem: Motion and properly seconded for the substitute to approve as is. We’ll take the substitute motion first. All those in favor— Mr. Mays: Can I ask a question? Just in terms of which one of those motions contains [inaudible] signage and the [inaudible]. Mr. Mayor Pro Tem: Madame Clerk, will you read the first motion and the second one so Mr. Mays will have clarity on them? The Clerk: Mr. Colclough’s motion was to approve the Planning & Zoning request with the stipulation that the directional signage be shared with the potential 12 petitioners. With the two petitioners. Mr. Cheek’s motion is as printed without the participation in the cost factor for the signage. Mr. Cheek: Can I follow up with some clarity? Mr. Mays: Am I asking, I guess the question I’m asking, your motion basically means that we will do the signage; is that correct? Mr. Cheek: That’s correct. Mr. Mays: I was hoping that was what would get in there because we need as many folk building and operating something as we can. If it involves a stop sign I think we’ve probably got enough of them laying around in a pile somewhere that we can put up basically for nothing, if you need a four-way inside there. We need to do that if they are going to deal with the business. Mr. Mayor Pro Tem: Mr. Cheek, do you want to— Mr. Cheek: I just want to clarify. Eckerd’s at that intersection has already announced their closure. We need to be opening our arms and doing all we can to get businesses to open, and if it’s the price of a stop sign or some signage that is well offset by the tax revenue. We need to be opening our arms for as many people like this as we can in Augusta. Mr. Mayor Pro Tem: Madame Clerk, we’ll go ahead with the substitute motion. I don’t want to get into the process of how we approve some stuff up here for [inaudible] so we’ll leave that alone. Mr. Colclough: We’ll leave it for another day. Mr. Mayor Pro Tem: That’s right, we’ll leave it for another day. So we’ll go ahead. All those in favor of the substitute motion that Commissioner Cheek made, let it be known by the normal sign of voting. Mr. Colclough votes No. Mr. Mays not voting. Ms. Sims out. Motion carries 7-1-1. Mr. Mayor Pro Tem: Madame Clerk, we’ll go to item 11. Commissioner Hankerson had one pulled, item 11. The Clerk: 11. Z-05-60– A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that there be no more than one 13 additional subdivision of the 4.1 acres that is the subject of this petition; a petition by Scott Waters, on behalf of Scott Waters and Wayne Luckey, requesting a change of zoning from Zone B-2 (General Business) to Zone R-MH (Manufactured Home Residential) affecting property located at 3645 Deans Bridge Road and containing 4.1 acres. (Part of Tax Map 118 Parcel 1) DISTRICT 5 Mr. Hankerson: Mr. Patty, will you explain this to me? When I see a manufactured home on Deans Bridge Road— Mr. Patty: This is across Deans Bridge Road from where—it’s on the east side of, I’m sorry, west side of Deans Bridge Road across from where Morgan comes in. These folks own a pretty substantial tract at this location. Somehow this entire property got zoned B-2. I think it’s been in the family for a good while and the current occupant doesn’t have a recollection of how it got zoned B-2 but they want to put one mobile home on the property for a family member and they can’t do it in B-2 so he wants to rezone a small part of it RMH to put one manufactured home on there. You’re not going to be able to see it from the road. Mr. Hankerson: What is the current surroundings of the property at this time? Mr. Patty: Where they want to put the mobile home would be back toward, actually toward the battery at Fort Gordon and it’s undeveloped. The applicant may be here. Would probably be a better respondent on that than I am. Mr. Hankerson: Was this, was this a case of someone was ill or something like that? And they are doing it because of some illness? Mr. Patty: If that applicant is here I’d like for you to ask him that? I remember that it involved a family member that wanted to live on the property. I don’t remember what the specific circumstances were. Mr. Hankerson: And it’s not visible from Deans Bridge Road? Mr. Patty: No, sir. Mr. Hankerson: No other houses around it? Mr. Patty: Well, there are a few houses scattered in that area. This is near where we bought the Lombard tract for green space. And it’s got that generally on one side and Fort Gordon behind it. And there’s just a lot of “no man’s land” in there that will probably never be developed, I would guess. Mr. Hankerson: Probably never be developed. Mr. Mayor Pro Tem: Are you through, Mr. Hankerson? 14 Mr. Hankerson: Yes. Mr. Mayor Pro Tem: Mr. Grantham? Mr. Grantham: Thank you, Mr. Mayor Pro Tem. Mr. Patty, by changing this zone for manufactured home residential and we allow the one mobile home to be put on this property, in the future does it open it for them to put more mobile homes on it if they so desire? Mr. Patty: We’ve actually asked you in here to put a condition on it that there would not be any additional mobile homes on the property. It would not be further subdivided. Mr. Grantham: Okay. Mr. Patty: The surrounding property is zoned agricultural. Mr. Grantham: That’s what I wanted to— Mr. Patty: [inaudible] be better than agricultural. I think they’ve got a reasonable argument for it. Mr. Hankerson: And this is currently in the business zone, correct? Mr. Patty: Yes. Mr. Hankerson: We could put stipulations in there if this manufactured home so they can move it if they wanted to, that it would revert back to the business zoning? Mr. Patty: Yes. Mr. Hankerson: I move for approval Mr. Smith: Second. Mr. Mayor Pro Tem: Motion and second that we approve. All those in favor let it be known by the normal sign of voting. Mr. Mays not voting. Motion carries 9-0. Mr. Mayor Pro Tem: Next item, Madame Clerk. The Clerk: 15 17. Motion to approve the Richmond County Marshal’s salary increase to $76,000. (Approved by Administrative Services, Public Safety and Finance Committees June 13, 2005) Mr. Mayor Pro Tem: I had this item pulled not to block it or anything else. It came through the proper committees that I think it should have. My concern is, though, we’ve got other department heads who have been, supposed to been reconsidered and looked at and we have not done that. And this is kind of like Commissioner Cheek talked about, who can we save? I mean we not going to save anybody because we can’t save everybody. But there are some issues that we need to address [inaudible] that we can make sure that the other department heads as far as we can. I’m not at liberty to make a motion here but I would like to have a motion from somebody on the floor or I can put it back on the agenda to come back at our next committee meeting or Commission meeting to address these other department heads and try to see where we are. Mr. Cheek: So move. Mr. Mayor Pro Tem: Mr. Cheek? Mr. Cheek: A motion to approve this and to attach the department heads with the rest of the employees in the General Fund and other fund categories for review for potential pay raises or salary adjustments. Mr. Colclough: I second. Mr. Mayor Pro Tem: And I appreciate the motion. That’s what I asked for. Now let me tell you. We done said that, I know in my little short tenure, 20 times, and we look at them and that’s as far as it goes. But then there are some that come and they in the wrong manner and they go back and they still come, and not picking on Steve, me and Steve all right. My point is, though, we need to do what we can for those and quit talking about what we are going to do, and do something. So hopefully when we look at this we’ll get serious minded enough to do it. I’m going to make sure that we follow through with this and try to get it done. But I’m going to make a motion we go ahead and approve this one, with Commissioner Cheek’s motion already out there and I guess we need to go on and move on that motion first. Mr. Hankerson: What’s the first motion? Mr. Mayor Pro Tem: The first motion is Mr. Cheek’s. Madame Clerk, I don’t want to get it wrong. What’s the motion that Mr. Cheek— The Clerk: Mr. Cheek’s motion was to consider department directors of the General Fund along with other employee population for consideration for pay adjustment. Ms. Beard: Did we get a second on that? 16 Mr. Mayor Pro Tem: Yes, Richard seconded it. All in favor— Mr. Hankerson: Let’s get some clarity. I want some clarity on actually what are we saying here? Because we said already in Administrative Services that we are going to address all employees and that’s going to be addressed when we do the budget. So what are we saying here now? [inaudible] we already said that we are going to look at reclassification this year and reclassify, our attempt to reclassify all employees. I think this is making this issue very confusing. Mr. Mayor Pro Tem: Let me try and unconfused if I can possibly do that. First of all, I agree. We done said this, as I said earlier, 15 or 20 times. We done come up and then something knocks it down and we bring them bit by bit, piece by piece. And then we do one and then we do one more and then we do one more. Steve just happened to be the one today. Now if we going do it, let’s do it or let’s say we not going do it. Because I think it’s wrong for other department heads to have more responsibility, more job duties, asked to make more cuts, then we find money for some. Now I don’t want to get into the real reason and y’all know where I’m going with that. So there is some money that we can find when we need to find it. And all I’m asking is that we approve this, not to hold this one up, that we approve it but let’s take a serious look at the money we can [inaudible] other department heads because it’s unfair to bring two at a time, three at a time, then skip for a couple of months, then two more. That’s picking and choosing. If it’s right, it’s right. If it’s wrong, it’s wrong. If the money’s there, the money’s there. If it’s not there, it’s not there. But we have not done that. We have said it over and over and over again. So the clarification is that we going to look at it seriously and do what we can and not just look at it and put it back on the shelf. Mr. Hankerson: Is that your motion? I was asking for clarity on both motions. Commissioner Cheek’s motion was kind of confusing to me. Is that yours? Yours is to approve it and look at the other one seriously? Is that the substitute motion, Madame Clerk? Mr. Mayor Pro Tem: Commissioner Cheek, will you reiterate it one more time? The Clerk: The motion was to approve the pay increase for the Marshal, if I’m correct. Mr. Cheek: That’s it. The Clerk: And attachment B to that was to consider department directors under General Fund along with the other reclass and pay adjustments. Mr. Cheek: Just for clarification. The Commissioner is quite correct. I mean this is already on the plate to do and I can withdraw that portion of the motion with the consent of the body and allow it to go through the formal process. 17 Mr. Mayor Pro Tem: No, the motion belongs to the body. I learned that much from the Mayor. You done put it on the table now. I’m not going—it’s going to have to stay where it is and it probably won’t get any more attention to it but I think the motion needs to stay where it is. The motion to approve along with looking at the other department heads as well. All those in favor let it be known by the normal sign of voting. Mr. Hankerson: We vote on the substitute first? The Clerk: There is no substitute. It’s just on the original motion. Mr. Hankerson: Okay. Mr. Cheek: Basically approving what we’ve already done. The Clerk: Already done. Mr. Mays not voting. Motion carries 9-0. Mr. Mayor Pro Tem: Next item, Madame Clerk. The Clerk: 25. Motion to approve the Solid Waste Department to negotiate a contract with Fort Gordon allowing Augusta to provide services to the Fort. (Approved by Engineering Service Committee June 13, 2005) Mr. Colclough: So move. Mr. Cheek: Second. Mr. Mayor Pro Tem: I had this item pulled because I was a little concerned about department negotiating contracts. And Ms. Flournoy will tell you how I am about contracts. When we do a contract and when you making an agreement I think that stuff should come back to this body, that we would know before—I see Mr. Russell at the microphone; maybe he can explain some things. But before we allow the department heads to negotiate a contract and then bring back to this body, I think this government needs to know what been negotiated and what we going to be in for. Mr. Russell: Yes, sir, Mr. Mayor Pro Tem. That’s exactly what will happen. What this does is authorize us to develop with Fort Gordon a contract that you would have the ultimate approval over to allow us to provide waste services to them as part of our partnership with the Fort. Once we get that formalized, this body would have the opportunity to review that and obviously would either approve or disapprove that based on your direction. 18 Mr. Mayor Pro Tem: Okay. I was really misled when it said negotiate contract with Fort Gordon. I wanted to make sure there wasn’t nothing negotiated that we have not had an opportunity to— Mr. Russell: You’ll have the opportunity vote it up or down, you will be involved. Mr. Mayor Pro Tem: Motion to approve. Ms. Sims: Second. Mr. Mayor Pro Tem: Motion been properly seconded. All those in favor let it be known by the normal sign of voting. Mr. Mays not voting. Mr. Hankerson out. Motion carries 8-0. Mr. Cheek: Point of personal privilege. Mr. Mayor Pro Tem: Mr. Cheek? Mr. Cheek: When we have work session on these contracts, which we will probably do, I encourage all those that have questions to come air them out at the work sessions and not have a lengthy debate on the Commission floor over things they could learn and correct weeks before it comes to vote. Mr. Mayor Pro Tem: Mr. Cheek, I agree with that. I can’t see how we can get everything at the work session. There some of us who try to make them all and I think we add more meetings to try to keep some of us fm making all the meetings, but still this is the place we can’t let it slip by and I agree with you. If you can come to the work session you need to do that. But this is the place, this is where the buck stop at. When it gets here, before it gets out the door, it’s too late when the cats get out the pen and it’s hard to catch them. But before you open the door and let them go you be able to save a lot of time and a lot of money. But I do agree with you. The next items can be partner items, Madame Clerk. I just need some clarification from our DBE person on items 30 and 31. The Clerk: Yes, sir? Mr. Mayor Pro Tem: Items 30 and 31 can be partner. I just need to know from our DBE person. The Clerk: 19 30. Motion to approve Bid Award for installation of a Chlorine Booster Station at Morgan Road Ground Storage Tank to the lowest responsive bidder, BRW Construction Group, LLC in the amount of $164,434.00. (Approved by Engineering Service Committee June 13, 2005) 31. Motion to approve a proposal from W. R. Toole Engineers, Inc. in the amount of $355,029.76 to design the Lumpkin Road Water and Sewer Improvements Project. W. R. Toole was selected for this project based on RFQ #02- 217A (Engineering Services for the 2002 Bond Issue Projects). (Approved by Engineering Service Committee June 13, 2005) Mr. Mayor Pro Tem: Ms. Gentry, I guess my question to you would be are you satisfied of the obligation that we placed in front of you, before you to handle, have those criteria been met as far as you’re concerned? Ms. Gentry: Several things have not occurred as of today. First of all, the contract language, so really what I’m having to do, Commissioner, is go in through the back door to try to obtain the DBE participation. But before these contracts are let by the City I will have conversation as well as identify the minority participation as it relates to the utilization form. Again, Commissioner, and I apologize, I do apologize. However as these contracts evolve, until we put the procedures in place to avoid this from happening there’s not a whole lot I can do. Mr. Mayor Pro Tem: Well, I hear what you’re saying but you’re talking about the bids and the bid process that this City have been using for quite some time, they have not met those goals, then somebody from Administrator’s office or Engineering Services, something should have, a flag should have been waved so we can get those particular things in place. You know we still doing business as usual and when you do business as usual you don’t get the usual thing you been getting. So I just wanted to clarify something. I don’t know anybody that’s got any comments. Commissioner Cheek has his hand up. Mr. Cheek: The problem, Mr. Mayor Pro Tem, is that the policies and procedures recommended by our DBE representative need to be adopted and put in place as county policy and those are forthcoming back to Administrative Services to be adopted by this body. And that’s kind of where we’re at. We’re in between now the adoption of formal policies and procedures and an old system of doing things. But I did want to add that we have hired our DBE person as a direct report to this Commission. She works for no other department in this City. She works for the Commission as a direct report to us. And all bodies are responsible for conforming to the rules that this body set forth under her position. There seems to be some lack of clarity among some of the departments about that, but that is what this body decided to do and gentlemen and ladies, if we do not intent to make this position as I’ve spoken, we don’t need the position. It needs to be there to oversee and govern activities for small disadvantages businesses. The policies and procedures manual needs to be put in place. And we need to give the office the opportunity to go out and find and create business for people who have not had a chance in the past. 20 Mr. Mayor Pro Tem: I’m going to motion that we go ahead and approve since Commissioner Cheek explained that we—I just— Mr. Colclough: I move that we approve the two items, 30 and 31. Mr. Cheek: Second those. Mr. Mayor Pro Tem: Let me finish my statement now. I pulled these two items and I had them pulled but let me, let me, let me, let me slow it down just a minute so I won’t get it wrong here. If those positions, if that manual is not in place, Ms. Flournoy, is that forthcoming soon or is that something that we got to reinvent? Where are we? Ms. Flournoy: We created a procedure as well as [inaudible] RFP and the contracts. That is being reviewed by Mr. Shepard right now for final review and it should be coming before the Commission within the next couple of [inaudible] meetings, if I’m correct. Mr. Shepard: [inaudible] agenda, Mr. Mayor Pro Tem. Mr. Mayor Pro Tem: Mr. Mays, you still wanted to speak? Okay. We got a motion and a second. Mr. Boyles: Mr. Pro Tem, I would. Mr. Mayor Pro Tem: I’m sorry. Go ahead, Mr. Boyles. Mr. Boyles: I notice on all of our backup information from the department to who it’s through to who it goes to, there’s an approval place for the department director, for the Administrator, for the Finance Chairman, for the Finance director. Maybe we should add a place on there for Ms. Gentry to sign, too, and that way when it gets into our backup information that we read on the weekends before we come to these meetings then we’ll know that Ms. Gentry has gone over and approved it, and without her signature then we know it’s not ready and it shouldn’t be in our books until we’re ready for it. I think if whatever Mr. Shepard has to present to us, I think that should be included, also, as a signature because Ms. Gentry does work directly for the Commission and not the Administrator’s office. So with that we would have the information and we wouldn’t have to take the time to ask these same questions over and over on the floor. I’m going to make that as a suggestion and hopefully it will be included in the Attorney’s recommendation. Mr. Mayor Pro Tem: Thank you, Mr. Boyles. I agree 100%. That’s why I pulled these two items, because I didn’t see where it had been signed off. And we do allow this, we got a lot of business going through a lot of contracts being let and I just wanted to make sure that all of those things that we put in place of being there, hopefully Mr. 21 Shepard will have all of those. But we got a motion on the floor to approve. Let it be known by the normal sign of voting. The Clerk: Ms. Beard? Ms. Beard: I’m sorry, I don’t quite understand the question. The Clerk: We’re approving items 30 and 31 as printed in the agenda book. Ms. Beard: Thank you. Mr. Mays not voting. Motion carries 9-0. Mr. Mayor Pro Tem: Ms. Bonner, we got another Judge in the chambers so I don’t want to hold him up no more than we held the last Judge up. So Mr. Shepard, if you’ll— Mr. Shepard: Thank you, Mr. Mayor Pro Tem. In order to effectuate [inaudible] I have [inaudible] to Mr. Mays and also I would like to, I’d like to introduce Judge Duncan Wheale to perform the swearing in ceremony. We know that the Governor is traveling in Columbia County today and we will have this resignation transmitted not only to Ms. Bonner for acceptance but also to the Governor. Will be accepted today. And we have the Holy Word here and we have the nominee. It would be my opinion that we could proceed should that be the nominee’s preference. Mr. Mays: Based on history of about 26 years of this body, so that nobody wants to change their mind, I think I better go ahead and do it today. [Laughter] Mr. Shepard: Mr. Mays, you and I know that the most perishable thing is a majority in a legislative body. Mr. Mays: I learned how to count a long time ago. Mr. Shepard: The first matter I’m gong to tender to you, sir, is a resignation letter which is address to the Governor and to Ms. Bonner, the stated municipal parties to whom that should be addressed and I’ll ask her to accept it in the presence of this body. I hand you that. The resignation has been tendered. I’ll ask Ms. Bonner to accept it on the record. Now, sir, if you would come down, with any other persons? The Clerk: Would Mr. Mays’ staff join him, please, for the swearing in? Mr. Mays: In lieu of [inaudible]. 22 Judge Wheale: I’m going to administer the oath. It’s my honor to do so. I’m going to read the entire oath to you rather than having you repeat it. At the end I’m going to ask you if this is your oath, and if it is, so help you God, I’m going to ask you to say I do. All right. I, state your name— Mr. Mays: William H. Mays, III. Judge Wheale: --do swear or affirm that I will well and truly discharge the duties of Interim Mayor of Augusta, Georgia in all matters which will require my official actions to the best of my knowledge and skill, and I will so act as in my judgment will be most conducive to the welfare and best interest of the entire county; I do further solemnly swear or affirm that I am not the holder of any unaccounted-for public money due this State or any political subdivision or authority thereof, that I am not the holder of any office or trust under the government of the United States, any other state, or any foreign state which I am prohibited from holding by the laws of the State of Georgia, and that I am otherwise qualified to hold said office according to the Constitution of the United States, the laws of Georgia, and that I will support the Constitutions of the United State and this State. If this is your oath say so help me God. Mr. Mays: So help me God. Judge Wheale: Thank you, sir. Now, I’m going to administer the loyalty oath and then I’m going to ask you to sign both of these and then the Clerk and I will then attest to both of these. The loyalty oath is: I, state your name— Mr. Mays: I, William H. Mays, III. Judge Wheale: -- a citizen of Augusta, Georgia and being an employee of Augusta, Georgia and the recipient of public funds for services rendered as such employed, do hereby solemnly swear and affirm that I will support that Constitution of the United States and the Constitution of Georgia. If this is your oath say so help me God. Mr. Mays: So help me God. Judge Wheale: Congratulations. [A round of applause is given.] Judge Wheale: [inaudible] [Laughter] Judge Wheale: Congratulations. God bless you and God bless the City of Augusta. 23 Mr. Mayor Pro Tem: If we can get the meeting back to order, Ms. Bonner, we can go ahead and take up with our regular agenda. Is that where we are now? The Clerk: Yes, sir. Mr. Mayor Pro Tem: I guess we— The Clerk: Proceed with the order of the day? Yes, sir? ATTORNEY: 36. Motion to approve an Amendment to Franchises granted to Georgia Power Company. The Clerk: Mr. Attorney? Mr. Shepard: Thank you. Mr. Mayor, Mr. Mayor Pro Tem, members of the Commission, the history of this franchise agreement is that last year we approved a franchise with the Georgia Power Company and other municipalities continued to negotiate and they were able to obtain a benefit which we did not have in our ordinance which Georgia Power has offered to us through this amendment, and this is to clarify that they will also bear the relocation costs, regardless of prior rights, when there is a road widening and a sidewalk is moved as result of that widening. That was not clear. It is a clear benefit to Augusta-Richmond County and they have basically followed through on their word. It would be my recommendation that you accept as an amendment to the franchise which was granted last year the proposed franchise and allow me to make one editorial change. I notice there is a date which is incorrect at the top of the ordinance. It is not September 7, 1982; it is last year’s date, which I will supply before I tender it to the Mayor for execution. Mr. Mayor: Mr. Williams? Mr. Williams: Thank you, Mr. Mayor. I remember discussion, Steve, and I think you just clarified that, that they agreed that the right-of-way did belong to the City of Augusta. And willing to move the poles at their expense. Is that what this amendment? Mr. Shepard: Well, we had a discussion about what constitute street scape projects which we would pay for and road improvement projects, and the new language is that they will bear the costs when there are sidewalk improvements related to road widenings, such as the creation of multi-lane facilities or turn lanes. This was not clear if that was street scape. We still pay for street scapes but we do not characterize a widening with sidewalk improvements as street scape. We characterize that as something Georgia Power will pay for, sir. Mr. Williams: Okay. And I guess my question is in the previous agreement, or even in disagreement, they still would pay for removal of the poles off the right-of-way when it’s necessary? And I’m trying to get clear. I mean the question came up how 24 could they put a pole down when there wasn’t no street? The street had to be first. So if the pole was there and is on the right-of-way they couldn’t own that. I’ve got no beef with them. I just want to make sure we’re clear on what this agreement and the other agreement said. Mr. Shepard: This agreement would supersede the previous agreement, to include the benefits that I just described. It would not be, which was not in the previous agreement. The previous agreement exempted what they call the high voltage lines, this kind of thing. And this [inaudible] when they have to be moved as a result of this type of activity will fall into their expense. But at some point due to recording of easements, Mr. Williams, there might be prior rights [inaudible] Power Company. We’re not going to go through that any more. And this agreement makes it clear that this would not be a street scape improvement, which we still pay for. It would be a road widening improvement. Therefore, they will pay. Mr. Williams: I so move. Mr. Colclough: Second. Mr. Mayor: There is a motion and a second. Any further discussion? Any to my left? To my right? None being, all in favor of the motion will do so by the usual sign. Mr. Cheek out. Motion carries 8-0. The Clerk: Mr. Mayor, I omitted item 35A, so we need to go back to item 35A. ENGINEERING SERVICES: 35A. Motion to approve the execution of a contract for acquisition of Right Of Way and Local State Route Acceptance Resolution for State Routes 1132, 1132TA and 1132TB (St. Sebastian Way, Project Deooms (389); PI 262750): (Order of the Commissioner 3404 and contract for Maintenance of Highways 3404M). Mr. Mayor: Go ahead. Mr. Shepard: Mr. Mayor, the Department of Transportation I think agreed in a meeting we had with them to take this on to the state system in order to pay for right-of- way and to move this project ahead and have it completed, so this is the document that puts it on to the state system and I recommend its approval. The Department of Transportation does not like me to initial their documents, therefore I have not. But it’s in appropriate form. Mr. Grantham: I so move. Mr. Boyles: Second. 25 Mr. Mayor: Motion and a second. Any further discussion? Mr. Williams: Yes, sir. Mr. Mayor: Mr. Williams? Mr. Williams: Am I understanding that this is something, this is a tab that the State going to pick up, Steve, that the money is already—whatever, I mean it’s not going affect another project, it’s not going to stop something else? I mean—I just need to know where the money at. Mr. Shepard: The project budget, and I could be corrected on this, but the project budget was funded by this body, transferring the money that it set aside for the Wrightsboro Road project. Mr. Grantham: That’s correct. Mr. Shepard: And therefore we have funding by transfer of that money. The need for this project was weighed by the community and this Commission a few months. I don’t have that in the minutes, but it is in the minutes that the Wrightsboro Road project would defer to the St. Sebastian project. And if you will recall, the St. Sebastian project was the one that had a federal grant which was secured by then-Congressman Barnard, almost—well, not fifteen but— Mr. Grantham: Twelve. Mr. Shepard: --over ten, twelve years ago. So we were in a situation where if we did not act to supply the local match we stood to lose that federal grant. Had we lost that federal grant I don’t know how many other federal grants we would ever be awarded. So therefore that was the background of this agreement. Mr. Mayor: Any discussion on that end? Ms. Smith: I would simply like to point out on the agenda, the item that I placed on the agenda, that the most pertinent piece of this is the fact that there is a contract for acquisition for right-of-way and there is indeed another agreement that you are entering into with the approval of this particular agenda item. It allows for us to actually receive those funds, outlines the requirements for reimbursement and puts into place conditions for our receiving those funds. Mr. Mayor: [inaudible] I do think several of us in the Commissioners’ office, with Ms. Smith with the DOT in Atlanta, and while I think [inaudible] particularly [inaudible] fact that also in that particular meeting and which we are trying to get as much as we could, but there will not be any monies right away on the state level to actually replace Wrightsboro Road with. So I say that kind of early today because I 26 might not be around here when you all do something else and that being that I think on the agenda for the sales tax package that it would be very, very pertinent that you keep in mind Wrightsboro Road and the impact, particularly of businesses and the growing number of residents that are in that area [inaudible] to a point that it does not get into a closed-end situation up there. We are going to still have to go into that area to be able to [inaudible]. Commissioner Cheek? Mr. Cheek: Mr. Mayor. Mr. Mayor. Mr. Mayor: [inaudible] [Laughter] Mr. Cheek: This is a very important project and we have done most or all of the groundwork. We are in the process of trying to get these right-of-ways acquired. I can’t understate the fact that there is about $29 million involved in this project, most of it state and federal. I understand there have been some delays both at the state and local level that we need to rectify and I trust our Attorney and everybody else that has documents relative to this project will help expedite it. But we need to go ahead and move forward with this. It’s an important connector. It’s going to redevelop a lot of intersections in that area that would otherwise be left in their current state, which is not useable at all for commerce which is what we need to be about in this city, so I’m going to make a motion that we approve. The Clerk: We’ve got a motion to approve. Mr. Mayor: I think we’ve got a motion that’s out there. Mr. Cheek: Okay. Mr. Mayor: A motion and a second. If there is no further discussion, all in favor will do so by the usual sign. Any opposed, the same. Motion carries 9-0. Mr. Mayor: If there are no objections I’d like to see us go ahead and go to 38 [inaudible]. And we also have [inaudible] agenda and then that we can come back [inaudible] time [inaudible] 37 [inaudible]. Get 38 and 39 out of the way [inaudible]. If that’s okay with the body. The Clerk: 38. Receive/discuss Performance Audit Report from the Internal Auditor relative to activities in the Augusta & Housing Economic Development Department. (Requested by Mayor Pro Tem Marion Williams) 27 Mr. Cosnahan: The Commission asked us to go in and review the compliance— Mr. Mayor Pro Tem: Just a moment. Let me recognize the chairman. Mr. Hankerson: Thank you. Mr. Mayor, I mean we’re getting this report here at I’d like to move that we forward this to the Administrative the Commission meeting. Services Committee meeting so we have time to look at it and ask questions in the committee and be able to explain it and all the questions we may have. I think it would be proper if we can do that. We can forward it to Administrative Services agenda for Friday. And that way it will give us time—we meet Friday for the committee meeting, Madame Clerk? The Clerk: Yes, sir. Mr. Hankerson: The committee meeting is Friday. Ms. Beard: Yes. Mr. Hankerson: Friday at 10:00 a.m. And that will give us time to discuss it, look at it. Ms. Beard: Second. Mr. Grantham: I’ll second. Mr. Mayor: We have a motion and a couple of seconds in order to get that particular motion on the floor, that it be directed to committee. Let me move to the discussion portion on that. No discussion on this end, let me move to the person that added it on, Mr. Williams first, and if we have any other person on this end we’ll do so. Mr. Williams: Thank you, Mr. Mayor. I asked for this to be placed on the agenda because it had not come back to us and there are some serious issues. The department head has since resigned, along with the finance chairperson or head person in that department, has also left. The Mayor previously, Bob Young, had asked that this report be coming back in 30 days. Mr. Cosnahan, can you tell me first of all why we hadn’t got it and what have you found significant, I guess? Not the day-to-day stuff but the significant stuff, if you found anything. Mr. Cosnahan: Well, we put the significant information in this report. The reason for the delay is because when we were engaged the Finance Director had just resigned and then after that the Director resigned and we were in the middle of trying to get everything pulled together when the Director left. Since then we have been working with the Administrator and with the new Interim Director trying to help them get procedures in place so that the department could be run in a good, businesslike way and that’s what really slowed the report down. 28 Mr. Williams: Okay, can you tell me what you found though? Significant stuff I guess. Mr. Cosnahan: Well, the main thing was the department was not meeting the compliance of HUD. And as you recall HUD came in and made a number of findings and concerns, as they put in their report. And those are the ones that we mentioned in here, the particular ones. In particular they addressed one of the agencies in particular about some compliance with some of their handling of funds and so forth. Mr. Williams: I’ve gotten several reports back from the auditors and there are some things that happened, Mr. Cosnahan, that really alarmed me as a Commissioner in that department. And I was waiting to get this report. And this report, like Commissioner Hankerson said, [inaudible] you being the author of it you could point to us those definite findings that was—if nothing is wrong—if you saying they in here can you point them out? Can you tell me? Can you tell me those things that— Mr. Cosnahan: Absolutely. Mr. Hankerson: Point of order, Mr. Mayor. Mr. Mayor: Let me just say this. We just got it and I agree with both sides of this. I’m going [inaudible] I’m not a formal member of that committee but I’m concerned about what still goes on with [inaudible] and particularly with this one, on some things that I [inaudible] both the Mayor and you, Mr. Mayor Pro Tem, Mr. Williams, in terms of some things that have occurred there with HUD. [inaudible] particularly the non-committee members, if we get a chance to peruse Mr. Cosnahan’s report and to make those [inaudible] because I think if not then we are going to [inaudible] in terms of what it needs to do. And the proper time to really dig through and deal with it [inaudible] get the Director to leave, you get the Finance Director to leave and [inaudible] I’m going to gain a lot of respect for Interim folk very quickly. But I would hope we would allow the committee a chance to get this back [inaudible] we can really get a chance to dissect it properly and to have some proper dialogue on this particular item. I think if we do that then we [inaudible] but I think the whole Commission appreciates you [inaudible] on here because this is something that needs to be [inaudible], but I just ask that we [inaudible] wrap this up, take a vote on it, get it into committee and then [inaudible] look at it [inaudible] don’t know what’s in it. And in the absence of my 250’s today, I didn’t know I was going to deal with another job. I may not, I may miss something myself. But if we could kind of wrap up on that, Mr. Mayor Pro Tem, and then let it go to committee. Mr. Williams: Mr. Mayor, I’m going to concede to letting it go to committee but I heard you say many times if you don’t want me in your business then keep your business out where it ought to be. Now we been waiting on this for some time. Now we saying here because [inaudible] chamber we could have had this report back, we had a 30-day grace period to get it, it’s been more than 30, almost 90 days if not more. But now we want to say, you know, we need to take it back to committee for two more 29 weeks. This is, this is taxpayers’ dollars. This ain’t just department heads we moving, this is actually money that we talking about. And if we got an auditor who been on our payroll for some time, needs to report and do what we paid them to do. Now if y’all want to send it back to committee I got no problem. But we ought not to have staff people— and I say staff people that getting paid by this government to perform a job and then bring it in a manner like this and not even highlight it enough for us to be able to go straight to it. Now that’s another way of confusing people. That does not confuse me. I just think we need to have some order with the people that we pay and [inaudible] responsible that we’re held responsible. I got no problem with going back to committee with it. But if you don’t want me in your business, then do your business like it supposed to be done and that way we won’t have to do all this. This should have been back to us months ago, even with the disruption in that office. The [inaudible] should have been stated. Nobody had to stop [inaudible] he been in there before. He can handle that part. We should have had this document back in our books months before now. And there’s some serious issues that is going on in that department that need to be addressed. And if they hadn’t found it, I’ve got some [inaudible] I [inaudible] brought out in here. So let’s send it back to committee. If that’s the will of the body and you don’t want to talk about it on the floor then don’t bring it to the floor. We should have had it like we should have had it. Mr. Mayor: You’re absolutely correct, Commissioner, in everything that you say. I have no problem with us discussing it. But we are going to discuss this twice, because [inaudible] committee, when it comes out of committee it’s going to come back to this board here. To further strengthen what you just said, I think it needs to go back from the standpoint that it gives us an opportunity to go through, whether we even call Mr. Cosnahan before we even get into committee with questions that may be in this report. If there is something that I need to see, particularly in the Interim, if I’m going to particularly have to sign off on it, I want to make sure that I don’t get [inaudible] into asking all these questions today and for [inaudible] missing something that’s in here. So that’s the only reason I think it’s much more prudent to send it to committee. It’s going to come back to the Commission floor. And we will get it twice. We will not be denying any Commissioner the right to [inaudible]. [inaudible] and I think we’ve got a lot in there we need to look at. But I think it give the department time [inaudible] do it twice. And that way it will get to committee, it will also get to Commission floor. Mr. Chairman? Mr. Hankerson: I just want to say this., that the Administrative Services Committee is in place and we all should realize and should know that HED is under construction and renovation. Now I have been meeting with the Administrator and we have been discussing some things and getting some things ready to call a meeting with Administrative Services Committee to enlighten and bring us up to where we are right now. So we have knowledge of, I have knowledge of the needs in the HED Department, some things that we are working on daily to try and pull pieces together when a director leaves, and before the director left he put another employee [inaudible] on some of these matters and we have some problems there with the person knowing and taking up. If he silenced one person, told them don’t involve in the programs and he was the one doing it, 30 we have some problems, we are trying to work around the problems cause we just appointed an Interim Director there. So if you give us a chance and Mr. Cheek and yourself, Mr. Mays, and Mr. Grantham, all of us will look at this and discuss and give some direction of where we are going in the department. So these items that are referring to HED, if you just give the Administrative Services Committee a chance to address them, we are fully going to bring everything to the table. But I don’t think we should address this item right here. We don’t have time to look in it and explain it, so I call for the question. Mr. Mayor: Let me just say this. [inaudible] but I always like to fight from a position of strength and inasmuch as we’ve got some problems in there that we need to straighten out, we need to look at, then I’m not in favor of telegraphing [inaudible] personnel/money, and I’m not sending any messages [inaudible]. I think we’ve had adequate discussion on it. There is a motion and a second. All in favor of the motion will do so by the usual sign; any opposed the same. Motion carries 9-0. The Clerk: OTHER BUSINESS: 39. Discuss Augusta-Richmond County’s HealthCare Plan. (Requested by Mayor Pro Tem Marion Williams) Mr. Mayor: Mr. Williams? Mr. Williams: Thank you, Mr. Mayor. I had this put on the agenda item to talk about. I had several complaints from employees that have used this plan versus the other plan and I wanted to get somebody from HR to maybe give us some information as their perspective as whether or not this plan is better or worse. Now we was told it was a better plan and we going to save money and it’s going to be all the benefits in the world. But I’ve got several calls about the process. Maybe Mr. Russell can address it. I don’t know if there is anybody here from HR or not. Ms. Pelaez? Okay. She’s behind the podium. Ms. Pelaez: Mr. Commissioner, if you could actually give me a little bit more detail as to what the issues are maybe I would be more prepared. Because at this time I don’t know what it is you’re asking me. Mr. Williams: You did not get an agenda book with this in there? Ms. Pelaez: It just says discuss the healthcare plan. Mr. Williams: Okay, but you didn’t call me, you didn’t call anybody to know, I mean here we go again with a situation about the healthcare plan that we talked about. I even mentioned to you, Ms. Pelaez, about some employees who had the co-pay was 31 different, the medicine was different with the health plan we got now versus the health plan that we had. And I guess my simple question is do you say this plan is better or do you say this plan is worse? Just as good? I mean what’s your perspective on the health plan that we got now and that we changed to? Ms. Pelaez: My perspective on the healthcare plan that we entered into is that it actually expanded the number of hospitals and physicians that the employees now have access to, so therefore it is better. Now if there is a situation where someone has had an increase in co-pay that doesn’t make the healthcare plan worse, that means we need to review what the issue is. So all in all given the fact that employees have greater access to other hospitals and physicians and specialists and they now don’t have the gatekeeper as they did in the previous plan, yes, overall it is a better health plan. Mr. Williams: And that was my question. You saying overall this is a better plan. Now I guess I need to have some documents or some live witnesses to attest as to what they been dealing with with the healthcare plan. Ms. Pelaez: Yes, sir. Mr. Williams: But I wouldn’t just be putting this on the agenda just to be putting it on there. I put in on there for that particular reason. Your perspective is because we got an opportunity to go to more facilities then it’s better than what we had before? Ms. Pelaez: Yes, sir. Mr. Williams: Then I need to get you that address. But there are some employees that done, have approached me several times about the co-pay, as to how much more they had to pay now, the services. They don’t seem to think it’s the same services. So that initiated enough to me to put it on the agenda to bring it before you who was knowledgeable about the plan when we changed. I said if it wasn’t broke, and I had no problem voting for the other plan, if it’s a better plan. But I certainly hope if it’s not as good that we ought to be able to go back and at least go back where we were. We know what was working. But I’ll try to get you some figures and some bodies hopefully, live bodies to stand before you. Ms. Pelaez: Yes, sir. Thank you. Mr. Mayor: Any Commissioners on this end? Any comments on this end? The I’ll entertain a motion that we receive one thing that I think we need to do, Ms. Pelaez, as information— Mr. Williams: So move. Mr. Colclough: Second. 32 Mr. Mayor: Motion and a second to receive as information. But what I think that needs to be done, if there are particulars about the plan that, not just with Commissioner Williams but with any Commissioner, that we’ve got some things that we maybe need to forward to Ms. Pelaez, or particularly directed to the Administrator and he can get them to her, because she works under his direction, and [inaudible] I’m saying that [inaudible] because I think our time frame that we went out on this contract is only for a year period. And if there are some things we need to look at, whether it’s with the current company or whether we’re going back out to deal [inaudible] I think we need to look at this particulars very early on so that if there are adjustments—because I believe one thing that was done when we put this into place, was that there was language in the motion that if there were deficiencies, and you may want to help me with this, Mr. Shepard, [inaudible] final contract that if there were some things lacking there that we actually would be [inaudible] we would not go backwards in any way in terms of benefits to employees. And I think that’s what was supposed to be in the final analysis of the overall contract. So I think you may have some particulars of where you’re up or down that [inaudible] specifically looked at that are [inaudible] Mr. Russell then we do that. [inaudible] correct on that, Steve, or close to it, in terms of what we were looking at. Because there was a [inaudible] discussion when we finalized that contract that day and I think in the final analysis we just wanted to make sure we were not going drastically backwards with any coverage [inaudible] you know and that was out of respect [inaudible]. Mr. Shepard: Mr. Mayor, I think you’re correct in your recollection. I would like to have the opportunity to confer with Ms. Pelaez to review those final details in the contract. There have been a few other items of business that have occupied the Attorney’s time and I would ask that this be received as information today, let it stay on the agenda so it stays on the front burner. I expect there will be a lot of resolutions to some of the things we’ve been working on today. There already has been one, which was the succession of you, sir, to the Interim Mayor position. So I would ask that that opportunity be given to me and to the personnel Director. Mr. Mayor: [inaudible] I think with sales tax and budget coming, that if we are going to deal with insurance, staying, going, doing whatever we may need to do, that may need to be an item that we look at over the course of the next 60 days [inaudible] so that that’s not bogged down as we got to the fall of the year. That’s just a suggestion. All in favor of the motion will do so by the usual sign; any opposed the same. Motion carries 9-0. Mr. Mayor: Madame Clerk, if we could stop again for a moment [inaudible] . But there is a gentleman, an old friend in the back of the room, and I’d like to pause for just a moment because we have [inaudible] our new Regional Director at HUD. He’s got a lot of folks across the country, particularly in the Southern Region, that they want part of him, but we gave HUD something there so he still belongs to us first. And I’d like for him to come forward at this time. Mr. Mayor? [A round of applause is given.] 33 SPECIAL RECOGNITION/PRESENTATION: A. Honorable Bob Young, Mayor Mr. Grantham: [inaudible] good work that we know you’ll do [inaudible]. Lot out there to be done by you [inaudible]. We know you’ll do a good job and we look forward to working with you now and in the future. So on behalf of Augusta, Georgia we salute you and sincerely thank you, the Honorable Bob Young, Mayor, for outstanding dedication and service as Mayor, January 1, 1999 through June 20, 2005. Presented by the Augusta Commission, June 21, 2005. [A round of applause is given.] Mr. Mayor: Mr. Mayor, I guess you’re very familiar with what I’m holding in my hand. So many times you’ve given this to persons who come into our community, particularly dignitaries from across the world. But I think it’s fitting that Augusta’s own should have a key to his own house. [Laughter] Mr. Young: [inaudible] Mr. Mayor: Let me just say this, that even though this key is not that big, but it represents the hearts and spirits of over 200,000 people that you had the opportunity to serve as Mayor [inaudible] City and [inaudible] and that it may be Augusta’s loss [inaudible] be able to have the experience of a Mayor, to be able to move into the job of HUD Regional Director, something that I don’t think any other part of this country has, and we know [inaudible] I think we know in our Region we’ll have somebody we’ll be able to look to [inaudible] common sense portion of it, [inaudible] those things, those communities around this country that will look to the leadership, but remember you got it first in this opportunity at home. So for the job that you’ve done for this great City and this community, remember this is yours and you can always come home. [A round of applause is given.] Mr. Russell: Mr. Mayor, on behalf of 2600 employees of Augusta, I thank you for what you’ve done here [inaudible] first entered office your hair was brown. [Laughter] Mr. Russell: Not too sure if that’s inherited with the job or not but [inaudible]. Mayor Mays presents you the key to the City [inaudible]. But as you go to Atlanta and travel throughout your district we think there is something more practical that you need. Augusta is such a great place. You don’t have to lock the doors. You have to worry about that in Atlanta. We won’t give you a key. We’d like to give you a lock. 34 [Laughter] Mr. Russell: [inaudible] [Laughter] [A round of applause is given.] Mr. Young: I need to take this lock and put it on the HUD checkbook. Mr. Russell: [inaudible] three keys to that, you’ve only got two. Mr. Young: First of all, let me congratulate Mayor Mays on his election today. Willie, it may just be an Interim position but I can assure you it’s a life changing position and for people to say that the Mayor doesn’t have anything to do—you’ve heard it all. I don’t need to repeat it here today. I guarantee you it will wear you out sitting in that chair. It’s an awesome responsibility, no matter how you characterize it. And I spent 6- 1/2 years in that office and I don’t regret one day of it. I want to thank the Commissioners for their service. It’s been a joy working with each and every one of you and your predecessors. I also want to thank our staff. I don’t know what—there’s Ms. Bonner back there. Thank you, Lena, and all the folks in the Clerk’s office, Fred and all th the people in the Administrator’s office. You folks up here on the 8 floor really made things happen and made it easy to be Mayor of this City. This morning I had my first staff meeting in Atlanta. I’ve got 16 people on my personal staff. Boy, you talk about something to do. And then we had a conference call with all our field office directors, the people who head the 14 offices throughout the region that I now am the Region Director of. And it’s exactly as Mr. Mays said, the first thing I told him was we’re in the business of customer service and we’ve got to make it as easy as we can for the municipalities, the counties and the states to get those services from HUD so that they can in turn pass those resources on to the people that they directly service, the folks that are looking for the new houses, the people who need after-school programs, the seniors who need meals to eat and the homeless people who need a place to stay and so on. So Mr. Mays, you’re right on target. The commitment of this mayor is to make HUD as user friendly in this region as we possibly can. I am not leaving Augusta. I’m commuting to Atlanta. I’m still a resident here and I look forward to being a part of the life of this community, the civic life, social life, religious life in Augusta. This is where my heart is even though my feet might be in Atlanta or someplace else. Thank you very much for your very warm reception today. And I got a new perspective coming in the building. I couldn’t find a parking place and I had to go through security and everything. So it humbles even the Region Director for HUD, I can tell you that. Thank you very much. Mr. Williams: Mr. Mayor, before you sit down I need to ask you about the car, the keys to the car. Mr. Young: The car has been turned in. 35 Mr. Williams: Okay, I was just checking. I was just checking. Mr. Young: It was turned in with a full tank of gas. You can take it for a spin. [Laughter] Mr. Williams: [inaudible] checking. You know how I am about cars. I was just checking. [Laughter] Mr. Young: Thank y’all very much. Thank you. [A round of applause is given.] Mr. Boyles: Mr. Mayor, can we request maybe a ten minute recess? Mr. Mayor: If there are no objections, a ten minute recess. [RECESS] Mr. Mayor: If we could resume our meeting, Madame Clerk, where we are on the agenda. Before doing that, however, we’ve had a lot of, we had a reception the other day and of course the Mayor was honored by us today here in chamber but I did ask one person [inaudible] members of the Commission, I asked one person to [inaudible] few moments. I notice she didn’t in any further than the door. She works very hard and is a little shy. I guess the first thing I’m going to do, I’m going to ask her to come up about five to six more feet because I think the Commissioners particularly [inaudible] young lady in the Mayor’s office answer the phone, but so many of us as Commissioners call upon the Mayor’s office to do certain things and that voice that’s on that other end is a real person. She gets a lot done. I realize that the young man [inaudible] he’s already gone to another position but one thing this City is going to need, not just the Interim Mayor that’s over there in that position, but the City, the Interim Mayor and other members of the Commission, and I want to just thank Lynn for all the time that she’s given to the Mayor’s office and to Bob Young and for working in there. And I’m going to depend on her a whole lot in that office in the interim to be able to work through a lot of things. So we want to congratulate you. Because we’ve done that with the mayor, but we want you know that we’re glad that you’re here with us and that you are continuing to work in that capacity and we thank you so very much. [A round of applause is given.] Mr. Mayor: Even if she didn’t move up but two feet. [Laughter] 36 Mr. Mayor: [inaudible] Is Rick Acree still—before Mr. Russell gets us into real serious business [inaudible] those [inaudible] I said if I ever got this opportunity [inaudible] so I’m going to challenge [inaudible] five and six hours in some of these meetings, I want y’all, for all the [inaudible] find him one stool that he will be able to sit on back there. To be able to put up with this body as long as he does every week, does an excellent job back there and I think in two weeks we ought to be able to find him something to sit on. He’s a young married man [inaudible] but in back of that room and I think we ought to have something in surplus. We don’t have to buy, we don’t have to raise taxes to do it, but [inaudible] we ought to have somewhere, it ought to be stored, one stool [inaudible] to sit on [inaudible]. I say that in a friendly nature but let’s find him something to deal with. Mr. Russell: Mr. Mays, do you want the stool to have three legs or four? [Laughter} Mr. Mayor: I think his wife would appreciate it having four legs. Mr. Russell: Yes, sir, Mr. Mayor. Mr. Mayor: And since we’re self insured I think we’d want it to have four legs, too. Definitely so. [Laughter] Mr. Mayor: Madame Clerk, if we could move ahead with the final items on the agenda. The Clerk: You want to dispense with 37? Is that where you’re going? Mr. Mayor: I thought we were going to finish out [inaudible]. We have two small items that do require unanimous consent. They are the additions that may be lost in some of your paperwork for a moment. [inaudible] ADDENDUM AGENDA: ADDITIONS TO THE AGENDA: 1. Discuss/approve changes to the First Friday Guidelines. 2. Motion to approve the appointment of Clyde Lester to the Planning Commission representing District 3. The Clerk: Let me make a correction on that, Mr. Mayor. Item 1 has been requested by Main Street to be deleted. They have requested that they will come through the committee process so they’re asking that their request be deleted from the addendum agenda. And item 2 should be “representing District 7.” 37 Mr. Mayor: 7? The Clerk: Yes, sir. That’s the appointment of Mr. Clyde Lester to the Planning Commission. Mr. Mayor: I [inaudible] if there be no objection we will allow item 1 to flow umber 2 on your addendum list to be added. through the regular committee process. N If there are no objections to doing so, let us receive a motion to add and to approve. Ms. Sims: So move. Mr. Cheek: Second. 2. Motion to approve the appointment of Clyde Lester to the Planning Commission representing District 3. Mr. Mayor: Motion and a second to add and approve that appointment. Any other discussion? If not, all in favor of the motion will do so by the usual sign. Motion carries 9-0. Mr. Mayor: Does that clear us out except for [inaudible]? The Clerk: Yes, sir. Mr. Mayor: Mr. Shepard? Mr. Shepard: There is one part undisposed of with reference to the election item, Mr. Mayor. The scheduling of the special election. Mr. Mayor: Let me say [inaudible] I don’t have a vote in this process but I want [inaudible] not [inaudible] but also I want to make sure that [inaudible] some time to at least discuss some things. Now I don’t know where we are on a time frame. [inaudible] committees [inaudible] but I’m not, I won’t dictate from the chair and since I’m no longer a part of that voting body I will do whatever this body asks me to do but I did not know we were going to necessarily move to that part of that process today. And so I’m willing to [inaudible] date part of this election [inaudible] in terms of [inaudible] Interim [inaudible] depending upon [inaudible]. I think when we do that we need to be very careful in terms of maximum voter turnout. That’s been one of my things from the very start and I think to really—we need to maybe see what happens today in terms of turnout of a very important election to a point that [inaudible] it may end up being less. And I think we need to [inaudible] discussion [inaudible]. Mr. Williams: Mr. Mayor? 38 Mr. Mayor: I’ll recognize you, Mr. Williams, but I just wanted to state that and then I’m clear as to preside, whatever you all want to do. But I think [inaudible]. Mr. Williams: Mr. Mayor, I agree with what you just said but that’s not agenda item on this agenda today anyway. Now maybe I’m out of order but the Interim position does not specifically say anything about a date. Now I don’t know where the Attorney is coming from but that’s a decision I think this body would have to make and not a Attorney decision. I remind my good friend and my Attorney and my personal friend earlier about decision that being made that wears two hats. And that’s one that’s not on this item for an agenda item. Mr. Shepard: Mr. Mayor, the agenda was drawn both for the appointment of the Mayor and the calling of the special election and that’s the caption of the agenda item itself. And I view it as a continuous process to put that issue before this body and part of the action has been taken today. I thin it’s very important to the community that there is a continuity down here, there has been continuity today, expeditious selection, Mr. Mayor, of you as Interim Mayor. But I think to complete the process it would be thth appropriate to designate a date. Dates available are September 20 and November 8 under the law. And I think there is some need to address that expeditiously. Mr. Williams: If, if, if— Mr. Mayor: Hold on just a minute, Mr. Williams. Let me say this. I may need to be corrected, but is it somewhere else in the caption of the election of Interim Mayor that we’re looking at the election date? Because I’m looking here and it may be [inaudible] backup part [inaudible] agenda item. And the reason why I’m bringing the attention to it is because at the end of the last meeting I made the motion that was placed on the agenda. Now if something else has been added to the motion, that’s not to the motion that former Commissioner Mays made. I made a motion that was passed, the last item that we did two weeks ago, was to place on as item number 1 the election of an Interim Mayor. I did not make a motion that dealt with an election date. [inaudible] somewhere else then we can deal with that. And I [inaudible] if this Commission in terms of it somebody wants to make, add, [inaudible] on that date, another date, any date, but I just need to have some clarification in that process now because I made the motion and at least on something that important I know what motion I made. And I’m just to a point that I think that [inaudible] there needs [inaudible] discussion as to when [inaudible] but that we’re going elect five Commissioners in November, we’re going to elect a Senator in September. There may be some discussion as to whether or not the body wants to have it when they do Commissioners or when they do for Senator. And I think it deserves more than a, just a [inaudible] discussion. And that’s just my [inaudible]. Y’all [inaudible] I’m very [inaudible] but y’all decide that. But I thought I needed to at least say that because that is what is out there today in this booklet and also the motion that I made [inaudible] Interim Mayor. I did not make a motion on an election. If it was added during the legal part of it. I respect that. Or any other Commissioner added it [inaudible] election date, I also respect that. But the item concerning the election [inaudible] motion that I made [inaudible] was passed [inaudible] or the Attorney? 39 Mr. Williams: [inaudible] Mr. Mayor: [inaudible] Go ahead, you have the floor. Ms. Sims: Okay, thank you, Mr. Mayor. I was just under the impression— th September 20 is the Senate, the Senator’s race; correct? Mr. Mayor: That’s correct. Ms. Sims: Is that right? I would just make a motion we do the Mayor at the same time and then we don’t have a Special. I don’t think we should have a Special election for the Mayor. But September is the first available election that’s going to be; correct? Mr. Mayor: The first thing I’m trying to get straight is to whether or not we have anywhere on this agenda— Ms. Sims: Oh. Mr. Mayor: [inaudible] but is there a placement on here for a date for an election. Because I’m looking here and it says election of Interim Mayor. There is no placement on here that says that. Now we can add that and to deal with that, but I think we ought to be proper on what we are doing, because we’ve had enough calls to the Department of Justice just concerning the election [inaudible] with a 10% turnout. Some of you have spoken with them up and down this Commission. I don’t think we need to move abruptly to deal with it. It may mean that next week we set that day in order to do it. But I think to a point if it’s not on there [inaudible] some discussion [inaudible] which one of those dates that we want to deal with. And even if everybody has made up their mind, I am not prepared to a point if it’s not on this agenda, to deal with it unless we deal with it in a way that it’s supposed to come, and that is a request to do [inaudible] motion that requires unanimous consent in order to go on. Mr. Williams: Mr. Mayor? Mr. Mayor: Now if it’s on there [inaudible] somebody needs to point it to me. Mr. Williams: Mr. Mayor? Mr. Mayor: [inaudible] Mr. Shepard: [inaudible] Mr. Williams: Mr. Mayor? Mr. Mayor: Let me just ask this. I made the motion and I see what’s on this paper but I also did not [inaudible] motion to deal with [inaudible] and I think then 40 [inaudible] decide up or down [inaudible] validity then by parliamentary procedure which [inaudible] motion [inaudible]. Unless you put one on here to deal with another item then I say that that motion has been changed from the one that I made and if necessary I request [inaudible] we deal with what the minutes of that Commission [inaudible] motion said [inaudible] did not deal with election of [inaudible] it dealt only with the election of the Interim Mayor [inaudible]. Mr. Mayor Pro Tem? Mr. Williams: Mr. Mayor, this body would be the deciding factor anyway as to when and what will be set. If the Attorney who presented that document and I questioned it earlier about what was stated in the agenda item and it only stated the Interim position. It didn’t say anything about an additional time period. But we have the time. I don’t understand. There is no deadline. There is nothing—now we needed to get an Interim Mayor. We heard all this talk about if we didn’t do something the Governor would do it. Now we had 45 days from the official day that the previous Mayor left to do something before the Governor could even do something. Now I don’t understand the reasoning for th fast tracking. Ms. Sims had a good motion to do it on the 20. I think if we are going to do that somebody need to make a motion and I’m willing to do it and I’m willing to do it in November. But we need to understand we would make that decision. The Attorney do not make those decisions. He get paid to do some other work that we are lacking on but that’s not one that he have the call on. I guess all I’m saying, Mr. Mayor, is as the Interim Mayor now you need to call the agenda item as you see it there and know that if it relates to an election or it doesn’t, and if it doesn’t we need to go on with the next number on hand. Mr. Mayor: Let me say one think in his defense. He is there to keep us legal but we are also here to make sure that whatever [inaudible] set forth are [inaudible] and I think rather than to err on the side of the confusion, if we’ve got a drop dead date today I would say that we probably need to enter a vote and try and get [inaudible] with unanimous consent. If there is a drop dead date and a reason to deal with it. But I’ve been in neighborhood meetings where people in the same room have been on different sides of this fence to a point and I wanted to kind of see what was going to be that turnout out there today as to whether or not we need to deal with November [inaudible] a lot of the people in the community, depending upon who you ask, and in some cases where they live, as to what may be the case. And what I’d hate to see us do is to a point of doing today, not having even any internal discussion about what may be best, not for a candidate, but what is best for the community in terms of maximum turnout. It may be September. Because on one side I think there is merit, Ms. Sims, because that has a Senatorial race in there to deal with the Mayor. On the other side of it to a point that where you have in terms of November with all the elections that are happing and with [inaudible] of this Commission in order to do it. So I think there is merit both ways. You all can do it but I think procedurally in terms of [inaudible] and I’m looking into the depths of what’s in this analysis. The analysis conflicts with the motion that the Commission passed, because I don’t think anywhere in the discussion of the motion, and I’m willing to go to those verbatim minutes, that it does not contain an election date. We may have talked about one but I know what I made in the motion [inaudible] to deal with [inaudible]. And I just want us to be right on what we set. I don’t want us to jump out 41 here and set a date to a point out of convenience we make one and then we get challenges to a point that shows us as a confused [inaudible]. It may be to a point that that’s absolutely correct in terms of that being the proper one. But I think we ought to be firm on where we’re going. Ms. Beard? Ms. Beard: Since we have a question about that, do we also do anything say with Mayor Pro Tem and filling your seat? Mr. Mayor: Well, you’ve got a situation to fill in District 9 which can’t be done today but can be done as early as our next Commission meeting and to a point of [inaudible] Super District that represents half of this city, of being able to go on. And my question would probably be to us would that be the proper time if then, if it does not put th us past the legal parameters of getting in for September 20, does that then be able to put us on to be able we’re going to have it in September? I don’t want to do anything that damages September and I don’t have a vote so it doesn’t make a lot of difference to a point of what I think, but I think to a point that I leave a District that represents half of this city [inaudible] that [inaudible] which I think is very serious to make that unless we [inaudible] something legal, why can’t we deal with the legality in terms of [inaudible] election date and the selection of a person to fill District 9 at the same time? Now something [inaudible] about [inaudible] I think that’s a different question. Mr. Shepard: Mr. Mayor, members of the Commission, you are not up against the wall in this situation. I just put this item in support of the motion which was made in the committees and I thought it was part of the process. The body did not take it up as part of the process, in essence divided the motion. It could have been divided. It was divided. I’m thinking that the job I have is to present this body with options and I would be remiss not to point out that you could, in my opinion, call it today. If you don’t have the votes then it would be wise to defer it. I am— Mr. Mayor: I want to correct you on one point. I don’t think it’s a matter of whether you have the votes. I think it’s a matter of whether or not [inaudible] on what date [inaudible] maximum turnout [inaudible] . Mr. Shepard: I have also advocated that it be on a date of maximum turnout and we had some indication from the Governor’s Office that he intended to call the election on the Senate on that date. I think we’ve talked about returning this office to the people at its earliest time. That’s of course the earliest time. I don’t want to get into a fight with my Clerk nor with you about this. But I simply point out that it was not acted on when the election of officers, when the Interim election for Mayor was conducted. It was part of the process that I had put out there. I think it would be appropriate to go ahead today. If the body disagrees then I’ll keep putting it up so that the body has the opportunity to timely act and not move it past the time, the calling of the election of September 20. We have the time, Mr. Mayor. Mr. Mayor: And that’s my point. I’m not going to disagree with you at all. I think that and I respect your keeping us in line on dates [inaudible] no turnaround I would 42 say to a point that [inaudible]. I knew when I made the motion [inaudible] I knew the question I was going to ask you and this body [inaudible]. So when I did the motion I did it to deal with one item that I knew we were [inaudible]. We had already had a squabble out here [inaudible] and quite frankly I’m just not in a comfortable mood today to a point of where we are trying to get some things done [inaudible] hassling about what date we are going to have an election unless we are backed up against the wall, Mr. Attorney, in order to do it. I think [inaudible] and if you wanted to add to it, I think the proper [inaudible] and say this needs to go with this and I’m going to go ahead on and do that or prepare you own agenda item in order to deal with that. And that’s not disrespectful. That’s just a matter of business [inaudible] . And I stick to those guns [inaudible] turn around than I think [inaudible]. Mr. Grantham, I recognize you. Mr. Grantham: Thank you, Mr. Mayor. And I think this has been good discussion and I’m glad to know where we are and what we’re talking about. We even th I went through it both in our last meeting in regards to I think the November 8 date. But think we should right now receive this as information and I’m going to request that the Clerk put on Friday’s committee, whatever proper committee we need to th address it, that we have discussion regarding September 20 for the Mayor’s election. Mr. Shepard: Any Commissioner can put it on any agenda. And you just need to choose appropriate committee. I think probably would be Administrative Services. And it also, Mr. Grantham, could be put on at the next Commission meeting. Mr. Grantham: That’s correct. The Clerk: You want it on committee and Commission? Mr. Grantham: Yes. The Clerk: One or— Mr. Grantham: Both. The Clerk: Both. Mr. Shepard: I think you need to designate which committee you want it on. Mr. Mayor: [inaudible] multiple committees [inaudible] but to a point one of the main items of discussion that we had was about Finance [inaudible] but it may be something that I think you’d have a great [inaudible] dealt with two committees that would involved now seven Commissioners hear that item through those two committees and [inaudible] when you [inaudible] that you would know what it would be, Mr. Shepard, and we might not even have to get it back here to discuss. It might where seven Commissioners out of two committees [inaudible] you can circulate the letter, get them to sign it, and then I think you’ve kept it in the proper fashion. I think it’s all legal. But I 43 do not think today to a point and I think [inaudible] your motion is correct and in order to deal with it. Mr. Grantham: Let me correct that, saying that it would then be included on Administrative Services and Finance Committee at the Friday meeting and that we will go forward with the Commission meeting if necessary. Mr. Mayor: [inaudible] Mr. Cheek: Second. Mr. Mayor: There is a motion and a second. Any discussion? Mr. Williams: Yes. I’m a little bit confused and that’s easy to do, but the Attorney said that he wanted to give us options, from what I remember and when the statement—there wasn’t any option. There wasn’t an option to wait two weeks or wait thirty days. It was put on the table that we need to vote today for a date. And I disagree. If it was an option it would have been placed on as an option with the opportunity to do it today, do it next week or do it 30 days from now. So I’m a little concerned about the fast tracking of some things, and some things dragging. There is a lot of stuff that get drug around where we don’t ever come up and I got one on top of my head now and that’s, it’s not the time for it but it will be addressed, that we been dragging around with. But then there are some things we want to fast track. I don’t think any election ought to be fast tracked when you’re talking about the senior officer of this city or this government, be done by September. We already got an election set up for November. We’ve got sales tax, we’ve got four Commissioners that’s going to be running. This is an opportunity when the taxpayers have an opportunity to come to the poll one time and make a decision on one government. Now, I know the Governor have the right to do the Senatorial race or any other race that he so desires whenever he gets ready. That’s him. But why are we trying to even—I don’t see why we are even talking about that particular point at this particular junction. It sounds like, sounds like something else. I mean I disagree, I just think that we got time, we not up against the wall, he said it was an option. Well then if it’s an option give me both of them. Don’t just give me, don’t put one out there and say this is what it is. It sound like it was an ultimatum to go ahead and do it because that’s what we’re supposed to do. And if that’s what it was, Mr. Attorney, you should have told us that. You didn’t give us an option now. You give us an option late. Now you saying it’s an option. Mr. Mayor: [inaudible] I recognize Mr. Boyles but I’ve got a motion and a second that gets us to a point that we will be able to pick a date probably [inaudible] meeting whether it be [inaudible] signature [inaudible] but go ahead, Tommy. Mr. Boyles: I withdraw. I concede. I withdraw. 44 Mr. Mayor: Let’s if we can go ahead and vote up or down on this particular motion that we’ve got out here. All in favor of the motion [inaudible] do so by the usual sign; any opposed, the same. Mr. Williams votes No. Motion carries 8-1. The Clerk: ADMINISTRATOR: 37. Receive recommendation from the Administrator relative to the appointment of Chief of the Augusta Fire Department. Mr. Mayor: Mr. Russell? Mr. Russell: Thank you, Mr. Mayor. As you know, when Chief Gillespie resigned several months ago we set forth a process to bring forth the candidates as appropriate to this body for the decision in relationship to who should be the next Fire Chief of the City of Augusta. That process, we solicited applications and received numerous applications, both internal and external from across the country. Personnel, Human Resources did screen those applications, those candidates that met the minimum requirements, and at that time the minimum requirement was a Bachelors degree and several other sufficient experience kind of things here. By screening for a Bachelors degree we eliminated quite a few of the candidates, and all of the local candidates that were involved. The 17 or so people that were left were given to a committee that I selected consisting of members of the community and public safety officials. They narrowed that group down to five people. Those five people I interviewed personally over the phone, with Robert Leverett sitting in on those interviews. Of those five I eliminated one because I did not think that particular individual would be appropriate for Augusta. Another individual eliminated himself. After talking to me he didn’t want to come work for me apparently. But that’s the way it happens sometimes. That’s what the process is all about. The three remaining candidates—at that point we discovered one of those candidates was unfortunately not screen properly and did not have a Bachelors degree. I called him and we eliminated him from the process at that particular point in time. That left us with two candidates, both of which have come to this city, met with members of our Fire Department, met with members of the Commission, and have talked in some length with other department heads. Both of those people I think would be good fire chiefs for the City of Augusta. At that point, after fairly lengthy conversation, one of those two candidates called and basically said that he thought it would not be appropriate for him to come to Augusta at this particular point in time. I think a lot of that was based on his feeling about our—not so much the community, but on who he thought should be fire chief. And after meeting with several of our people I think he had an idea of an internal candidate that we had and that was part of the conversation that we had had. The last individual, Mr. Niles Ford, who is currently a Deputy Chief in Fulton County, does meet the minimum qualifications for our position. I have met with Mr. Ford on several occasions, checked his record, checked his background, and feel that he, too, would be 45 able to serve in the capacity of Fire Chief for our city. Let me remind you, though, that this process is all about finding who you think would be the best candidate to serve as our Fire Chief. The papers that we have and the background information that we have all point to the fact that Mr. Ford would be a good candidate. But the comfort level that each of you have with this individual is the most important thing that we have. I have no trouble recommending Mr. Ford and would therefore do so as the candidate, as the candidate that I would recommend to be our Fire Chief, and request that you vote that candidate either up or down. As you make that vote I guess the crucial issue is whether or not you think he is the right man at the right time for the City of Augusta and with that in mind I would like to place his name in nomination for Fire Chief. Mr. Mayor: Commissioner Cheek and then Commissioner Hankerson. Mr. Cheek: Thank you, Mr. Mayor. I have worked with some of the different chiefs from time to time in this city. And while this is a very fine candidate I think it’s I’m going to make a pretty well documented, my feelings on the whole situation. So motion at this time that we deny the Administrator’s recommendation. Mr. Hankerson: I couldn’t quite hear you. Mr. Mayor: He made a motion to deny. Mr. Grantham: Second. Mr. Mayor: There is a motion and a second to deny that’s on the floor. Let me recognize [inaudible] order Commissioner Hankerson and Commissioner Williams. Mr. Hankerson: Thank you, Mr. Mayor. I’d like to first of all commend the committee that went through the lengthy process of screening all of the candidates for our first chief and also commend our Administrator for presenting the candidate to us today. I had the privilege of interviewing two of those candidates, the ones that traveled here to Augusta. And the interviews were very interesting and [inaudible]. With that note I’d like to make a substitute motion that we accept the Administrator’s recommendation of Mr. Niles Ford for the Fire Chief of Augusta. Mr. Williams: I second that. Mr. Mayor: There is a motion and a second on the substitute motion. Before we leave you, Mr. Administrative Services chairman, does that conclude your discussion? [inaudible] Mr. Grantham? Mr. Grantham: I yield. Mr. Mayor: Mr. Williams? 46 Mr. Williams: Thank you, Mr. Mayor. As Public Safety chairman I’ve got no problem with the Interim person who is there now. The Administrator just presented someone to us and in the fashion he presented to us somewhat worried me a little bit, in some of the description that he gave and the reason that we should be looking at this person. We went out to get a professional person with the requirements that we asked for, and if this young man, and I think it’s a young man, in fact I know it was a young man. I was in the interview with him. If he meets the guidelines that we apply and we don’t have a good reason for not hiring him, now if there’s something wrong with him, if there’s a reason we shouldn’t hire him then the Administrator need to tell us that. It ain’t whether we think he’s a good fit or good match. We set guidelines in place for a fire chief. It ain’t about what he look like, it ain’t how short or how tall or how round. We set guidelines. If this person who meets those guidelines had those qualities that we asked for and we don’t select him we are going to be doing an injustice to this city with another lawsuit. We got them lined up already. Now if there is a good reason not to support this guy, y’all need to tell me [inaudible], but we can’t just arbitrarily just give it to someone else because we—it somebody new, somebody we don’t know. Now if there’s a reason, Mr. Administrator, that you know of that’s legally can be represented by our Attorney that why we shouldn’t hire this guy you need to let us know that. But if you brought us a candidate that met the criteria that we asked for, who is still standing, still willing to accept the job—if everybody walked off, nobody wants it, then we might be able to do something else. But how can we expect to do that and then turn an applicant down who meets the qualifications? I ain’t had to hang around Steve’s office to learn that much about law. I mean and I’m sure the rest of us know that if we deny this applicant because any other reason rather than having a legitimate reason why we shouldn’t hire him, that is going to create problems for this governing body. It ain’t coming out of your pocket now. If it going to come out of you personal pocket then we ought to still do it and you can pay it. But I don’t think the taxpayers of Richmond County should have to bear the burdens of a crazy mistake that we know better to do and to do that. So that’s my comment, Mr. Mayor. I got no problem with the Interim man. I think he’s a great person and could do the job. But we put it out there. We got response. One man still standing. And as long as he’s standing and meet the guidelines we’ll be wrong to do anything different. Mr. Mayor: [inaudible] come back to you [inaudible]. Mr. Grantham: Thank you. Thank you, Mr. Mayor. My only comment, reason for that is that yes, we did set up the criteria and yes we did set all of the requirements. But that does not say that you’ve got to hire that person, regardless of who that person is. Just because they’re qualified does not mandatory give you that right to hire that person or does it take away that right to hire that person. It is up to this body to make the decision whether they feel that that particular individual is the right person for the job. So because qualifications are met does not necessarily say yes, he is going to be hired because he meets qualifications. So that’s my comments. I like to know that I’ve got that right and that privilege to make my decision as to how I would vote, whether that person is qualified or not. But just reason, qualification doesn’t make it that he’s got a 47 right to sue me because I didn’t vote for him. I don’t think that’s right, Mr. Williams. And of course I’m not an attorney, either, but that’s my point in making that observation. Mr. Williams: If I can respond, Don, and I hear what you’re saying, but we’re not talking about voting for him. We’re talking about this governing body, six votes hiring him, whether it be six, seven or eight. Mr. Grantham: All you have to do is call the question, then. Mr. Williams: Well, and if six votes doesn’t hire him and don’t have a legitimate reason for not hiring him, cause he meets the guidelines, he’s in line. So if you going to go out to rebid it or readvertise or whatever you going to do and you don’t have justification. Now you need to talk to the Attorney. He’s been pretty adamant about some things and I know he knows the law. He just shared with us about some dates and stuff so he can jump right in here and tell us some legal stuff that he’s supposed to keep us straight on here. So I’m going to take off my legal hat. Mr. Mayor: Let me finish getting out [inaudible] I will say that [inaudible] Administrator anything that we might need to know. Is there anything we need to know about an individual that we’re hiring? I’m not saying [inaudible] in this body to do that and I move on to recognize the Commissioners that have their hands up. Commission Cheek and then [inaudible]. Mr. Cheek: A question and then a comment, Mr. Mayor. Fred, who did the candidate that came and then withdrew, I say locally was more qualified to be the fire chief? Mr. Russell: In the conversation we had, the gentleman that I had to show him around he thought would be a good candidate for a fire chief. And that was Chief Willis. Mr. Cheek: You know, the thing is all of us have sat here and we’ve had chances to vote on first choices, second choices, third choices. I would hope that we would, if not take this candidate today, because this was not the first choice, not create or take a chance on something when we have a known commodity here that has been recognized not only by people across this country but by people coming here to interview for the job. It’s a case where we’ve done it before, we’ve not recognized talent that is here at home in favor of second or third choices. I just don’t want to see us repeat that mistake. To your credit, Fred, you jumped out in this process and made it happen and quite frankly this is one Commissioner that wasn’t quite used to government working that quickly. And you did your job and you did it well. But where we’re at today is we have a very fine Interim, we have a choice to make today on one individual, the last man standing essentially that I don’t think is our first choice. I don’t feel comfortable with the match. And the man’s a fine man. But bottom line is we can either recognize the talent we have at home or we can take a chance, and I’m not willing to take that chance. Mr. Mayor: Mr. Boyles? 48 Mr. Boyles: Thank you, Mr. Mayor. May I address Mr. Russell just a moment? Mr. Mayor: Go ahead. Mr. Boyles: Mr. Russell, how many people again did you tell me interviewed for that position or how many people were considered, applied for that position? Mr. Russell: I think there were approximately 17 that made the first screen after that and I do not know how many applicants we had prior to that. Mr. Boyles: And five were sent to you? Mr. Russell: Yes, sir. Mr. Boyles: And you explained what happened to each as they either fell out of the process or whatever. Did you ever ask the committee to go back and give you any more applications? Mr. Russell: No, sir, I have not. It was my feeling that their top five were the ones we should deal with, and once you got below that and their comfort level I didn’t feel like I would comfortable with those people. Mr. Boyles: Okay. I just wondered—I know in my prior days if we had gotten down to a certain point then we looked at some others, too. So I was just curious what may have happened there. Mr. Russell: No, sir. Mr. Mayor: Any other questions or discussion to the left? Any other questions or discussion to the right? We do have two motions that are on the floor. We will take the substitute motion first. Does anyone need them read or repeated by the Clerk? Ms. Beard: Yes, please. Mr. Mayor: [inaudible] two motions. The Clerk: Substitute motion by Mr. Hankerson and seconded by Mr. Williams was to accept the recommendation of administrator nominating Mr. Niles Ford. The original motion, Mr. Cheek, seconded by Mr. Grantham, was to deny the recommendation of Mr. Ford by the administrator. Mr. Mayor: Everybody clear? All in favor—we’re voting on the substitute motion first. All in favor of the motion will vote by the usual sign. Any opposed the same. 49 (Vote on substitute motion) Mr. Boyles, Mr. Smith, Ms. Sims, Mr. Grantham and Mr. Cheek vote No. Ms. Beard abstains. Motion fails 3-5-1. Mr. Mayor: We return to the original motion. And that was to— The Clerk: To deny, yes, sir. (Vote on the original motion) Mr. Colclough, Mr. Williams and Mr. Hankerson vote No. Motion carries 6-3. Mr. Mayor: [inaudible] allow [inaudible] situations where that department is in [inaudible] whatever direction we are going to give the administrator to decide on [inaudible] I think we need to deal with that [inaudible] enough for today [inaudible]. Madame Clerk, I suggest we move forward with the next item. The Clerk: The next item is our legal meeting. 40. LEGAL MEETING: A. Pending and potential litigation. B. Real Estate. C. Personnel. Mr. Williams: Mr. Mayor, before we go into legal meeting I’d like to address legal, I guess item 42, 43, 44, as the attorney has placed on the agenda as a placement. We got—item 40 says pending litigation and real estate and personnel. These other three in my mind, unless there is something written, it will be illegal to have on the agenda. I’d like to get some clarification as to how can we have the pending situation for personnel, real estate. It takes unanimous consent to add something back n the agenda if need be. There are some of us that may not be comfortable with some things if this is set up the way that it is now. I think we are deviating from the process. If it’s the way the law, the way the guidelines set up and that’s legal then I got no problem. It was something on here last week. I didn’t address it cause I wasn’t here. But I want to get some clarification before we go into legal on that now. Mr. Shepard: Thank you, Mr. Mayor, and to address the Commissioner’s question, I have the authority to put it on as a department head. The rule says that any Commissioner or department head wishing to have an item placed on the agenda should submit the same item, excuse me, should submit said item to the Administrator no later than 5:00 p.m. on Wednesday prior to the Tuesday regular Commission meeting or any regular committee meeting. That is my authority to put that on the agenda. Mr. Williams: Mr. Shepard, I’m sorry but you’re not a department head, sir. You are definitely not a department head. You are paid help. And paid very well. You are 50 not a department head. So I don’t want you to get confused with some other department heads in this government. Your salary don’t come under the salary that the rest of these department heads comes up under. You hadn’t been denied no increase. In fact you’ve got more than your share of increases so you’re not a department head. I need to get that clarified as well. I think I got the floor, Mr. Mayor? Well, me and the attorney was talking. Whether the conversation being liked or not. Mr. Shepard is not a department head. He’s got a law firm. He works for this government. He’s elected, he’s appointed by this board every year at the first of the year. He is not a department head. He cannot put, he is not a Commissioner so he cannot put anything on this agenda that does not be approved by this body. Now he got a legal situation, which he got here. He’s got pending litigation, real estate and personnel. Those are the [inaudible] that the lawyer puts on. We can discuss any of those things under those things that we got down here. He cannot come back and add. Mr. Mayor: Let me recognize Mr. Boyles [inaudible] where we need to [inaudible]. Mr. Boyles? Mr. Boyles: Thank you, Mr. Mayor. I thought that when we created the law department that our legal advisor would be the head of that department and that makes him a department head. Now maybe I missed the meeting when that didn’t happen but I was certainly here at every organizational meeting we’ve had since I’ve been down here and I just can’t understand why want to try to beat up on our attorneys. I mean our attorneys are what keeps us out of trouble. So why do we want to beat up on our attorneys like this? He is a department head in my opinion and if we need to go to the Georgia Supreme Court to get a legal opinion, that’s what we need to do. Mr. Williams: I think that would be good. I think it would be a good move, Mr. Mayor. If I can respond, I think Mr. Boyles is right. Mr. Boyles: You know, you were here when they set up the legal department, when the legal department was created that is what you wanted. Jim Wall headed the legal department and now Steve Shepard handles the legal department. And that’s my recollection, Mr. Mayor. And I think I’m right on that. Mr. Mayor: I think what we might need to have some discussion on, and I think we go back not only to our consolidated government [inaudible] and then Tommy was a department head. What I think may lie in [inaudible] confusion in here that [inaudible] I think that we have always had a [inaudible] attorneys of any [inaudible] place on an agenda. What I think may be [inaudible] we have under the guise of legal not knowing quite frankly what we may discuss in legal other than categorical things, then I think [inaudible] bring out [inaudible] those specifically [inaudible] into the categories. What I think gets us into a dilemma is that [inaudible] fact that when we have unknown items that may [inaudible] whether or not, and I’m using this as an example of keeping this government operating in a tone that is not only citizen friendly but media friendly and open. Many times we [inaudible] we’ve had legal meetings and they last half as long as a regular meeting session. I think [inaudible] needs to be spelled out and this may be 51 something that I think [inaudible] I think we may need to at least talk about the fact that things that can happen afterward of where we take action on that may in those 9:30, 10:00 o’clock meetings that come out, and then everybody is gone, then do we add on at that point? And I think that may be where the nature of this is springing forth that we may need to have some discussion other than [inaudible] may to at least talk about this. Because that is a change per se. Not so much I think [inaudible] standpoint with both Commissioners Grantham and Boyles on the [inaudible] attorney is [inaudible] but I think to a point of what we had had under our agreements that come in out of legal that we let the legal items stand on their own either to be placed out here in open meeting after decisions have been discussed but not voted on, is to bring them back [inaudible] and then at the end of that day require the unanimous consent to be added. Because a category does not give you a specific and I think that’s where we need to have some discussion amongst ourselves, not necessarily today, but I think that needs to be discussed because it may be legal but it is, Steve, a change. And sometimes there is resistance to change even when I think it makes in terms of it being a matter to where it may be a case of where we’ve got something that [inaudible] department, it may be [inaudible] and it may be to where one person out of ten decides [inaudible] not going anywhere. And it will happen. But at the same time that has been the rule that we have operated under and I think even if the law is such that you can, I think when you make that change in there, somebody in this government, we need to have [inaudible]. We might need to talk about that. And I think that would clear that matter up in terms of the fact that we don’t have to start World War III or [inaudible] up to a point as to whether or not we’re discussing something, whether it’s legal or whether it’s illegal. I think you’re probably going to [inaudible] I think [inaudible] but I think [inaudible] and that’s it out there and [inaudible] discussed then I think that probably does not give everybody a comfort zone as to what we’re doing [inaudible]. So I’d like to [inaudible] other discussion we might have on the motion to go in at this point [inaudible] I think we need to [inaudible] but I think that that has been [inaudible] within county government and the new government that we will bring those items out and [inaudible] to do so at that point [inaudible] quit frankly [inaudible] serious [inaudible]. [inaudible] and it doesn’t stop the government from functioning but I think to a point [inaudible] alteration [inaudible]. I think [inaudible] but I think it’s an alternation of what we have been doing and [inaudible] amongst all of us [inaudible]. Mr. Williams: I guess I need clarification as to what a department head is. I heard Mr. Boyles and I remember when Jim was here and how we got department—I am trying to think of the word we used for the joint law department, where we added staff. Our staff attorney’s here. And [inaudible] here. But I mean a lot of department heads would love to be the attorney and a department head at the same time. I just don’t think this dog going hunt here. We need to look at this seriously. This is a big change and if this opens up, ain’t no telling where it’s going to open up. I mean you can’t wear both hats. I mean you just can’t wear them. Either you going to be one or the other. Mr. Shepard, you saying you resigned from the Super District seat to take this seat. You can’t sit down there, make the funds that he makes and then makes decisions a Commissioner makes up here. Now I totally disagree. I’d like to get a definition from the Clerk or somebody what constitutes a department head and I’d like to get a ruling from federal 52 court judge, President of the United States, anybody that you can get me something on cause I know this is not right. Mr. Mayor: We’re going to carry the motion that’s out there [inaudible] and to a point [inaudible] where it may end up with an up or down vote on how [inaudible] agenda [inaudible] whether it’s the attorney’s business or the administrator’s business, anybody [inaudible] but I think what the issue is that’s on the table [inaudible] motion for us to go into legal under those described items [inaudible] on that. All in favor— The Clerk: [inaudible] Mr. Mayor: Beg your pardon? The Clerk: I didn’t get a motion to go into legal. Mr. Grantham: I so move. Ms. Beard: Second. Mr. Mayor: [inaudible] The Clerk: Yes, sir. Mr. Mayor: [inaudible] The Clerk: No, Mr. Williams interrupted before we finished. Pending and potential litigation. Mr. Mayor: [inaudible] the attorney has so said [inaudible] general items in there that [inaudible]. Mr. Shepard: Yes, sir, Mr. Mayor. I requested a legal meeting for the topics of pending and potential litigation, real estate and personnel. Mr. Mayor: We have a motion and second. [inaudible] Madame Clerk [inaudible]. Mr. Grantham: I so move. Ms. Beard: Second. [LEGAL MEETING] Mr. Mayor: Let us go ahead and wrap up. We reconvene. The chair recognizes Mr. Shepard for the purpose of stating [inaudible]. 53 41. Motion to approve authorization for the Mayor to execute affidavit of compliance with the Georgia’s Open Meeting Act. Mr. Shepard: Yes, sir, Mr. Mayor, I would ask for a motion to approve your signature on the affidavit, the closed meeting affidavit, where we discussed the topics of pending and potential litigation, real estate and personnel, and that you be authorized to so sign the affidavit. Ms. Sims: A motion to approve. Mr. Cheek: Second. Mr. Mayor: Motion and a second. Is there any further discussion? If not, all in favor of the motion will do so by the usual sign. Any opposed, the same. Mr. Williams out. Motion carries 8-0. Mr. Shepard: Mr. Mayor and members of the Commission, I would ask to add and approve that the attorney’s authority in the training shop claim be increased in a not to exceed amount of an additional $18,000 provided that there are appropriate releases obtained for all parties in the chain of title in favor of Augusta. Mr. Cheek: I so move. Mr. Colclough: Second. Mr. Mayor: Motion and a second. Any other discussion? All in favor of the motion will do so by the usual sign. Any opposed, the same. Mr. Williams out. Motion carries 8-0. Mr. Mays: The Chair will entertain a motion to adjourn. Ms. Sims: So move. Mr. Mayor: As Billy Calhoun used to say, a non-debatable motion. [MEETING ADJOURNED] Lena J. Bonner Clerk of Commission 54 CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on June 21, 2005. ____________________________________ Clerk of Commission 55