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HomeMy WebLinkAboutCommission Meeting December 19, 2006 REGULAR MEETING COMMISSION CHAMBER DECEMBER 19, 2006 Augusta Richmond County Commission convened at 2:00 p.m., December 19, 2006, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Deke Copenhaver, Mayor; Smith, Harper, Hatney, Williams, Beard, Cheek, Bowles, Brigham, members of Augusta Richmond County Commission. ABSENT: Hons. Holland and Grantham, members of Augusta Richmond County Commission. Also present: Steve Shepard, Attorney; Fred Russell, Administrator; Lena Bonner, Clerk of Commission. The invocation was given by the Reverend Duane Otto, Pastor, Lakemont Presbyterian Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Pastor, could you hang on one second? We have something for you. The Clerk: Reverend Otto, on behalf of the Mayor and members of the Commission, we’d like to thank you for coming in, especially this special time of the year, the advent season and uh, I really enjoyed the quoting of the Prophet Isaiah on the coming of Christ so, that really touched my heart today and in honor of you being here, we would like to honor you as our Chaplain of the day. Thank you so much for being here. Mr. Mayor: Before we go to the recognitions, I would like for everybody to remember the time of the season in the room today. I’m looking forward to a peaceful meeting. Let’s remember the words of that prayer. With that we’ll move on to the recognitions. The Clerk: Ms. Michele Pearman, would you please join the Mayor here at the podium along with Ms. Tamika Allen, Mr. Mike Blanchard and other employees of the Information Technology Department. RECOGNITION(S) Employee of the Month Award A. November EOM Ms. Michele Pearman, GIS Analyst, Information Technology Department. The Clerk: Dear Mayor Copenhaver. The employee recognition committee has selected Michele Pearman as the November 2006 employee of the month for the city of Augusta. Ms. Pearman has been an employee with the city of Augusta for almost three years. She is currently a GIS Analyst with the Information Technology Department. Ms. Pearman was nominated by, 1 co-worker Indra Davis. Ms. Pearman was nominated for her invaluable service to several geographical information system projects. One such massive project was at the Magnolia Cemetery where she collected GPS points of gravesites. Another project was for the Augusta Canal where she designed and produced an updated National Heritage area map. She along with the Augusta Canal employees walked the trails to record the GPS points of interest. Michele is also the creator of the GIS newsletter, which is distributed to keep users informed of the latest GIS news. Ms. Pearman has shown that she will do what it takes to get the job done. She has become an indispensable employee on the GIS team. The committee felt that based on this recommendation and Michele’s dedicated and loyal service to the city of Augusta, we would appreciate you joining us in awarding Michele employee of the month for the month of November. Thank you. (APPLAUSE) Ms. Pearman: I’d like to thank my GIS team. Without them I would not be able to accomplish everything we have this year and we are a very strong team and we enjoy doing GIS. Thank you. (APPLAUSE) Ms. Allen: I’d like to commend Michele for being recognized as employee of the month and thank Michele not only for her creativity that she brings to our GIS division of our team but also for her dedication and passion to GIS cause she’s invaluable to our team and she loves GIS. She’s very passionate about making things happen, not only for the city of Augusta Information Technology Department, for other departments as well as you can tell by her work in the Augusta Canal. So thank you, Michele. (APPLAUSE) The Clerk: Commissioner Cheek? It was an oversight. Would you like something to say? He has oversight over Information Technology. Mr. Cheek: Um, Madame Clerk, I am quite content with what has been said already. The Clerk: Okay. Mr. Cheek: Just congratulations. (APPLAUSE) The Clerk: We would now ask that the Augusta Neighborhood Improvement Corporation (ANIC) along with Mr. Robert Cook please come forward and join the Mayor. Proclamation B. Augusta Neighborhood Improvement Corporation (ANIC) 2 Mr. Mayor: Alrighty, I’d like to present to you guys this proclamation. Office of the Mayor, the city of Augusta. Proclamation. In recognition of Augusta Neighborhood Improvement Corporation, Board of Directors and staff, whereas the Augusta Neighborhood Improvement Corporation (ANIC) has operated since 1999 to revitalize the inner city neighborhood of Augusta through creating affordable housing for low to moderate income families, while engaging the private/public and third sectors and economic development of these areas and whereas the Augusta Neighborhood Improvement Corporation operates housing programs that include housing and credit counseling, new home construction, home rehabilitation, rental housing, subsidized home mortgages for low to moderate income home buyers, and subsidized home rehabilitation for low to moderate income home buyers and whereas the Augusta Neighborhood Improvement Corporation has sold, constructed and rehabilitated over 100 single family affordable homes in the Laney Walker area, ANIC is in the process of developing a 27-unit town-home project on James Brown Boulevard and a 34 single family neo-traditional subdivision near Dyess Park and whereas Augusta Neighborhood Improvement Corporation has received the housing Development Organization of the Year award from Georgia State Trade Association of Non-profit Developers and whereas Augusta Neighborhood Improvement Corporation was recognized as a finalist and received the special achievement award in the category of home ownership for the Georgia Department of Community Affairs, Magnolia Awards and now therefore I, Deke Copenhaver, Mayor of the city th of Augusta, do hereby proclaim December 19, 2006 as Augusta Neighborhood Improvement Corporation Board of Directors and staff day in Augusta Georgia and urge all citizens to join in recognizing the dedication and commitment of this organization to provide affordable housing and home ownership to the Augusta community. In witness whereof I have hereunto set my th hand and cause the seal of Augusta, Georgia to be affixed this 19 day of December 2006. Congratulations. (APPLAUSE) Mr. Cooks: Thank you, Mayor. Let me just say we appreciate all the cooperation that we get from the city of Augusta. One of the things that a lot people don’t know it’s not only about us building homes but it’s the economic impact that we cause with having contactors, subcontractors and all the peripheral impact that’s uh brought to bear uh, because of our existence, we ask your continued support. Thank you. Mr. Mayor: Thank you so much. (APPLAUSE) The Clerk: At this time we’d like to call your attention to the retirement of Lt. William Manecke of the Richmond County Sheriff’s Department with 36 years of service. Lt. Manecke? RETIREMENTS C. Lt. William Manecke, Richmond County Sheriff’s Department 36 years of service. Mr. Mayor: Okay. Office of the Mayor. Certificate of Retirement given to Lt. William Manecke for 36 years of dedication, loyalty and service to the city of Augusta in the Augusta 3 Richmond County Sheriff’s Department, congratulations to you on this milestone achievement of retirement. We extend to you our deepest appreciation for your devoted service and best wishes th for an enjoyable retirement, given unto my hand, this 19 day of December 2006. (APPLAUSE) Mr. Manecke: I would like to say just a couple words. First off I want to thank Sheriff Ronald Strength and Col. Gary Powell for giving me the opportunity to continue to serve after consolidation. I owe my career to every citizen in Augusta and I think I’ve done a fairly good job. If I haven’t, if I’ve failed somewhere, I apologize, but I don’t think I have failed to often. I also want to thank the county commission for the job and the efforts they’re going through everyday, trying to make this a better government. We appreciate it and I thank you all so very much. (APPLAUSE) Mr. Strength: I’m just gonna say a few words. Number one, I’ve known Bill forever uh, like I said he’s retiring after 36 years and I just want to make sure that the general public knows what a great public servant he has been over the 36 years. I wish I had a ton of him down there at the office. It would make my job a lot easier. And Bill, we want to congratulate you and thank you for what you’ve done for this community for the past 36 years. (APPLAUSE) Mr. Manecke: Thank you, Sheriff Strength. Mr. Mayor: Alrighty, Madame Clerk, I guess we will move on to our next agenda item. The Clerk: Yes sir, we call your attention to the next item on the agenda, the election of officers. The election of Mayor Pro Tem of 2006. ELECTION OF OFFICER(S) D. Elect Mayor Pro Tem for 2006. (Requested by Commissioner Jerry Brigham) Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor, uh I know the Clerk don’t make too many mistakes, but it look like there may be one on this agenda item here. It says 2006, I think that’s kinda off a bit, it ought to be 2007, I think, Madame Clerk, is that a typo or --- The Clerk: No, sir, you can ask the person that requested it, Commissioner Jerry Brigham, who’s the sponsor of this request and I think that’s what he asked me to do, 2006. Mr. Williams: Mr. Mayor, I think there’s something wrong when we got two weeks and not quite two weeks left in the year. Now we got to vote on this the first of the year. So maybe Mr. Brigham want to get ahead of the game and do a 2007 election, and I’m all for that, but I 4 can’t see how we can embarrass ourselves talking about voting for a Mayor Pro Tem whoever he or she may be. And two weeks left of the entire year, now you just said that uh, Jesus is the reason for the season, Mr. Mayor, and we ought to be celebrating. We ought to be fellowshipping one way or another, grateful to see another year coming and closing but here you talking about a uh vote, now I, maybe Mr. Brigham can answer that. He can tell us that a mistake was made, Ms. Bonner, we can also put seven on here right away. Mr. Mayor: Mr. Brigham, would you like to speak to this issue? Mr. Brigham: Well, Mr. Mayor um, Mr. Williams has lectured this commission a number of times about following the consolidation bill and what is written in that consolidation bill. And that consolidation bill says we will have an election every year for Mayor Pro Tem. Obviously we have and election that has not been finished and I think we ought to have another vote today to try to finish 2006. Mr. Mayor: Commissioner Williams: Mr. Williams: Thank you, Mr. Mayor. My preaching must be effective than cause he finally got the message. I’ve been saying that for uh, twelve months, this month I know, and uh, but I think it’s a little bit too late. Too little and a little bit too late, I think if we’re gonna do what you saying, Mr. Brigham, I think we ought to have an election. But I think this year’s then got passed us. This year’s gone. We can’t go back and retract any of that. I think what we ought to be doing is looking at the new year and doing what the consolidation bill say and that vote every year uh, that we’re supposed to vote on, on those issues. So, but this year’s already got by us. I don’t think that we gonna be able to reach out, recoup any time, any significant things for he or she, whoever’s elected Mayor Pro Tem today, Mr. Mayor. I really think that’s something that we could be on, going on with something else, I mean --- Mr. Cheek: Motion to receive as information. Mr. Williams: I’ll second that. Mr. Mayor: We have a motion and a second. Mr. Brigham: Mr. Mayor I challenge that. I don’t think we can receive an election as information. Mr. Mayor: Mr. Attorney. Mr. Shepard: I would have to agree with the Commissioner. I think the election should either be voted upon or deleted from the agenda. Mr. Mayor: As the agenda item, we would need a candidate to vote on to begin with so is, --- Commissioner Cheek. 5 Mr. Cheek: Mr. Mayor, I just, if we’re gonna have a vote, we belabored this earlier this year and I was part of that and I think that both the Mayor Pro Tem and the Commission and the community have been through enough. This is, again a potentially contentious issue that we don’t need at this time. I just urge that we call the question and take a vote and move forward. Um, Marion was right he, the traditional position of Mayor Pro Tem is a two-year term and knowing the pain and suffering that it’s caused this city, earlier this year, I would not have embarked on the course of seeking this position. So I just urge to call the question and let’s move on with business. Mr. Mayor: Once again we need a nomination to vote on. Mr. Williams: If we don’t have a nomination, Mr. Mayor, I guess we do have to drop it. Mr. Mayor: Mr. Attorney, we do not have a nomination for the position. Mr. Shepard: I do not see how we can have an election without a nomination. Mr. Cheek: So we continue with hold over status? Mr. Shepard: It’s been my ruling that Mr. Williams is holding over uh, and uh, that ruling has uh, been uh, held, has been upheld by the Superior Court. It is still pending before the Supreme Court therefore it is the law of the case. Mr. Mayor: I’ve recognized you twice, Commissioner Williams. I guess we pass on this issue. Mr. Williams: Mr. Mayor, now we --- Mr. Mayor: Mr. Williams. Mr. Williams: Point of Order, Mr. Mayor, Point of Order. I’m trying to get some clarity here. Now you needed a candidate, you didn’t have one --- Mr. Mayor: Mr. Williams, I still have not recognized you. I will now recognize you on the Point of Order. Mr. Williams: Thank you, sir. You didn’t have a candidate, if this year is wrong and 2007 is being placed on this agenda, I will nominate myself for the Mayor Pro Tem if, if this year is changed from “06 to “07 and we’re gonna vote early and do that, we gonna have to do that the first of the year. Mr. Mayor: Mr. Shepard. Mr. Williams: I’m just trying to help you out. 6 Mr. Shepard: I do not think we can vote early on this issue. I’m sort of like Ms. Bonner, doesn’t start committees early um, the matter can be voted upon late but not early. And um, if that doesn’t apply to the office of Mayor Pro Tem, it should be voted on in January. It was not in 2006. Mr. Mayor: So no action taken on the issue. Mr. Shepard: The election in my opinion is incomplete, if there are no nominations here. Therefore, I don’t see that we can have an election absent nominations. Mr. Mayor: Okay, we will then move on to the next agenda item. The Clerk: DELEGATIONS E. Berine S. Davis. RE: Qualified Domestic Relations Order. Mr. Mayor: Ms. Davis, please come forward. Ms. Davis: Good Afternoon. Mr. Mayor: Yes, ma’am, and if you could just keep it to five minutes please, ma’am. Ms. Davis: Good Afternoon. My name is Berine Davis and I’m here about a QDRO. And for those who don’t know what a QDRO is, it’s a Qualified Domestic Relations Order. I had one that was signed in April per Judge Blanchard and to this day it has not been honored and I would like to know why through the commissioners. Mr. Mayor: Mr. Shepard. Mr. Shepard: I can speak to that and I’d ask the Clerk to uh, pass out some information that I knew we would need to look at today. The reason that it has not been implemented is there is a disagreement between um, the entities responsible for this implementation. The Nationwide Insurance Company representative who is involved in the investment and the administration of the accounts pointed out that when Augusta adopted the uh, particular pension act in question that it deleted in the adoption agreement the recognition of a QDRO, or Qualified Domestic Relations Order. Um, this was uh, most explicitly developed when I met with Ms. Davis and Mr. Lambert, I believe it was last week and we stayed on it until we had a statement from Mr. Bill Korvin which is one of the last pieces of your materials that um, Nationwide would not honor it because of the particular form in which the plan was adopted. Now, that’s the short answer. It was intended that she have a portion of her former husband’s defined contribution plan. That was the intention of the order. I had staff council look at this. She did a memorandum, which I interpreted as being a division in Ms. Davis’ favor. It was going to be a lump sum disposition. However, when the matter was considered for implementation, you’ll see that I forwarded it on to our administrative personnel. They said that this was not possible because of the adoption agreement. Can we retroactively do anything? I think the appropriate thing is that the Superior 7 Court reconsider this matter. In view of the fact that there is the disagreement over whether or not this benefit for this employee, who’s name is George Davis, can be equitably divided. So um, Ms. Davis I believe will corroborate that she and I stayed on it in my office until we found out what was the problem. That is the problem. And um, the fix is possibly a retroactive amendment to the plan but I have not fully sorted that out in view of Mr. Korbin’s comments that it cannot be equitably divided. So if you notice, she was divorced earlier in the year. We didn’t get active until the last 30-60 days. I’m of a view that you should obey court orders, however due to the particular form of the adoption agreement, we do not have clear authority to divide this pension. The uh, I know the possibility would be to interplead the matter into the court and let the court decide but that’s why she has not been paid. Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor, Mr. Shepard can give some, he said why she had not been paid and I guess that’s the messy thing we’re trying to get solved but what’s our next step, I guess. What should she do, Mr. Shepard? Mr. Shepard: Well, she had divorce counsel, Mr. Williams, and my suggestion is if she is not pleased with that divorce counsel that she obtain additional counsel and then come back to me. I have acted as fairly as I can to the plan, to the person who has the account and to Ms. Davis and I feel like that she should seek other divorce counsel to determine what her remedies are. I can say this. It’s not unlike cases where the teachers retirement of the employee’s retirement system comes before um, the court. The court clearly recognizes it cannot equitably divide any of those and other property is awarded as a result. And um, here again I have put together for you information, their divorce decree, the QDRO and um, the correspondence. We tried to handle this as fairly as we could, considering the fact that there’s an employee involved and she’s involved with um, some pretty clear rights from her divorce decree. Mr. Williams: Mr. Mayor? Mr. Mayor: Commissioner Williams. Mr. Williams: I’m just trying to figure out if that’s a legal process that the Attorney’s supposed to be handling and why is it before this body, and if this body have any jurisdiction or any powers at all. I’m just --- Mr. Shepard: May I respond? Mr. Mayor: Yes. Mr. Shepard: They indicated when they left my office, they would like the opportunity to address the full body and I said well, you call Ms. Bonner and you have an item of public business coming before this body, she’ll put it on the agenda, and that’s what’s happening. Mr. Mayor: Commissioner Cheek. 8 Mr. Cheek: Mr. Mayor, reading this document, it says the Plan Administrator, which is Nationwide I guess? Mr. Shepard: Actually, the way the plan, we’re the Plan Administrator. Mr. Cheek: Okay, we’re the Plan Administrator and we should establish procedures to determine whether a QDRO is a Qualified Domestic Relations Order in complying with it’s terms. It seems to me that we look at the court order, which this is an order from a judge. Divorce, which is a bad situation for all parties but then we take the order, reformat it in a way that is acceptable to be implemented which would bring us into compliance with the court order and then implement it. To get, to get more attorney’s involved, to drag this out more adds to the pain of a divorce that a family goes through and also takes money that would normally be used for family, for children, for homes or whatever on both sides of the issue, and basically, the only one that wins in most divorce cases is the attorney. So what I’d like, I propose that we order whoever is the administrative person, to go back with this order from the judge and find a resolution which is what has been ordered and pay this lady and get the issue out of here instead of dragging them through. She is a citizen and has a court order by a judge in a divorce settlement which is a lawful settlement, that we find a way to comply with the order, where this, they can move on with their lives and we don’t waste additional time kicking this back and forth the next several months. Mr. Mayor: Mr. Shepard. Mr. Shepard: The individuals that should be involved in that process then, in my opinion, would be HR, a designated representative from HR and a designated representative from my office. Mr. Mayor: Okay. Mr. Cheek, would you like to put that in the form of a motion? Mr. Cheek: Yes, Mr. Mayor, uh, that we instruct said individuals to negotiate this in a way that will have this resolved and, since we’ve been at this since December of uh, let’s see, January of “06 is that --- Mr. Shepard: It --- Mr. Mayor: Mr. Shepard: th Mr. Shepard: It didn’t come my way, Mr. Cheek, until late September. September 27 is the first time she presented in my office. And I would like the authority to file an interpleader action if I have to and that way I can have the court rule one way of the other. Mr. Cheek: The main thing is that we do something to move this forward where we can get it resolved where these folks can move on with their lives. Mr. Mayor, can we hear from --- Mr. Mayor: Yes, ma’am. 9 th Ms. Davis: Yes, sir. This is has been in effect ever since April the 10 of 2006 and I came to Mr. Shepard after I spoke with Ms. Flournoy. This QDRO has been through seventeen different hands, seventeen, and right now as we speak it’s in Maryland. As we speak, it’s left Georgia, left Augusta, went to Atlanta, from Atlanta it went to Columbus, from Columbus to Maryland. Seventeen different hands has had my personal information in their hands. Mr. Cheek: The motion, Mr. Mayor, is that we instruct staff to proceed with resolution on this and that we seek resolution within thirty days. Mr. Williams: Second that. Mr. Mayor: We have a motion and a second. Is there any further discussion? Mr. Brigham: Mr. Mayor I --- Mr. Mayor: Mr. Brigham: --- request that the motion be amended to add the right for the attorney to file an interpleader to make sure that the court will get it, get direction from the court as to whether we can actually divide this account or not. Mr. Mayor: Mr. Cheek, you’re amending your motion to reflect that? Mr. Cheek: Yes, sir. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 8-0. Mr. Mayor: Madame Clerk, the next delegation. DELEGATION(S) F. Lester Schelin. RE: Cemeteries and bonus’ for employees. (Requested by Commissioner Joe Bowles) Mr. Schelin: Good Afternoon, Ladies and Gentlemen. Mr. Mayor: And, Mr. Schelin, if you could keep your --- Mr. Schelin: --- forms here --- Mr. Mayor: Okay. Mr. Schelin: --- Joe Bowles passed out to the Commission. Mr. Mayor: And if you could keep the presentation to five minutes please. 10 Mr. Schelin: I think we can do that. My name is Lester Schelin. I’ve lived in Richmond County since the day I was born. I’m sixty-two years old and I’ve never had the privilege of coming to this body and or addressed or formed an opinion for any reason until the last few years. You hear all this about the budget issues and I’m up there cleaning my Dad’s cemetery lot and my grandparents and my in-laws. So I wrote his Honor a letter back in August to which he promptly responded and I’m grateful for that because he did do a very good job of it. He got my bricks put back like they should be, that the tractors had run over. And I’d like to say that the people at the cemetery are doing an excellent job. They, their hands are tied. They have to refer to someone else at all times. So, the fence has been down in several places but particularly on the backside, I know three years. So what I’m here for today is to speak for those who cannot speak for themselves. Meaning my people that are buried there, I’ll be buried there, other blue- collar workers, mostly poor, spent their hard earned money on perpetual care. If you go up there now the place looks nice, but I still think our government should deliver on its promise of perpetual care. Now I handed out a package to each --- and again I’d like to thank them for the cleanliness of the cemetery as it stands right now. They’ve done an outstanding job in the last three months. But they need to continue with the repairs. The markers and rebuilding falling, and damaged brick walls which their tractors or somebody’s tractors have torn down, knocked down and ya’ll know about the --- fiasco, I won’t go into that with the human remains, that’s another story, but I’d like them to put the fence back up. My question was why wasn’t it covered in the initial contract when it was let to put the pipeline down. They went in there with a bulldozer apparently, and ran the fence down. You can see it in the photos. There’s two photos there, one’s marked in August, one’s marked in December, same fence, same problems. The grass has been cut. That’s the only difference. Now vandals and vagrants entering from the road behind the cemetery next to the Canal on Third Street, every day, every night, drinking, whatever they’re doing up there, knocking over head stones, and in general just desecrating the place. And I for one don’t think that’s right and that’s why I’m here. Now for some certain, the city of Augusta promised, in perpetuity in a contract to maintain that cemetery, all three cemeteries to be exact and it was supposed to be put into a trust fund. Now, consolidation cannot and did not dissolve that trust fund. That can only be done in court with the concurrence with the people party and privileged to the contract which are buried up there, family that’s up there right now so, we need to check that too, I’ll leave that up to the commission. Um, so I’d like to know at some point where the cemetery trust fund is, how much money’s in it, was the money borrowed and if it was, why wasn’t it put back? Cause if you read the official code of the State of Georgia, you’ll see that you cannot borrow trust funds of a cemetery. There’s a certain way it has to be invested, a certain way it has to be accounted for, so that’s for another day also. But my primary concern today, and I’m thankful and grateful for the fight that I’ve received about seven or eight phone calls in the last two days saying that the fence will be let out for bids and it should and will be put back up and I will promise you and my ancestors and my friends that I will follow up on that. It will not go away. That’s enough of the cemetery, now something more near and dear to my heart. Mr. Mayor: And you’ve got thirty seconds left, sir. Mr. Schelin: My Dad worked for the city of Augusta for 25 years, and guess where he worked? The cemetery. I would like to see our county employees get something for Christmas, now whether it’s a bonus, I can’t say what to do there, or if it’s just a half a day off with consent 11 of the Mayor and Commission, that Friday before Christmas. Thank you for your consideration and for your time, and once again my name is Lester H. Schelin. Mr. Mayor: I got it! For sure. The Clerk: We apologize for that, Mr. Schelin. Mr. Mayor: Thank you, sir, and you have a Merry Christmas. Moving on to the consent agenda, Madame Clerk. The Clerk: Yes, sir, our consent agenda consists of items 1-30. Items 1-30. For the benefit of any objectors to our planning petitions, when the petitions are read if there are any objectors would you please signify your objections by raising your hand. I call your attention to item 2. 2. For a special exception to establish a sales/construction office on property located at 3234 Lexington Way. 3. Is a petition for a special exception to establish a church affecting property located at 3970 Belair Road. 4. Is a petition for a change of zoning from a zone R-1A (one-family Residential) and a Zone B- 2 (General Business) to a Zone R-1A affecting property located at 1927 George Road. 5. Is a petition with conditions for a change of zoning from a zone (Light Industry) to a zone (Heavy Industry) affecting property located at 619 Thirteenth Street and 1310 Walker Street. 6. Is a petition for a change of zoning from a zone R-1A (One-family Residential) to a zone R- 1D (One-family Residential) affecting property located at 2413 and 2415 Oakridge Street. 7. Is a petition with conditions for a change of zoning from a zone B-2 (General Business) to Zone A (Agriculture) affecting property located at 4004 Belair Road. 8. A petition for a change of zoning from Zone R-1C (One-family residential) to Zone P-1 (Professional) affecting property located at 1686 Old Savannah Road. 11. Is a petition for change of zoning from a Zone A (Agriculture) to a Zone R-1A (One-family residential) affecting property on Dennis Road. 12. With condition is for a request for a special exception in an Agriculture Zone to establish a sand mining excavation affecting property located at 1240 McCoy Road. The Clerk: Are there any objectors to those planning petitions? Mr. Smith: None noted, Mr. Mayor. The Clerk: I call your attention to our Public Service portion of the agenda. Item 13. The alcohol petition for a retail package Beer & Wine license to be used in connection with the RaceWay located at #703 located 3309 Peach Orchard Road. Are there any objectors to that alcohol petition? Mr. Smith: None noted, Mr. Mayor. 12 Mr. Mayor: Okay, do we have any items to be added to the consent agenda? Commissioner Hatney. Mr. Hatney: Mr. Mayor I asked the Vice of Chair of the Historical Presentation Commission to afford us those, a copy of those covenant agreements that they said would be put in place for those individuals that live in the historic area that they’re trying to designate and he agreed to have those and I would have, would pull this and forward it to the next meeting, the first meeting in the year to come to finalize this vote. Mr. Mayor: That’s consent agenda item number one? Mr. Hatney: Yes, sir. Mr. Williams: Are we pulling, are we adding, what --- Mr. Mayor: He’s pulling that one. We’re still --- Mr. Hatney: Forward it to the first meeting of the New Year. Mr. Mayor: We’re still adding to, if anybody would like to, Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. I’d like to add #14. The Clerk: You want to pull that one, Mr. Smith, or you want to --- Mr. Smith: --- want to add it to the --- The Clerk: It’s on the consent --- The Mayor: It’s already --- The Clerk: It’s already on the --- The Mayor: Okay. Mr. Smith: Thank you. Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: Can we add Item #38? Mr. Cheek: 39 too. Mr. Mayor: Okay. 13 Mr. Williams: Mr. Mayor I need some --- Mr. Mayor: Commissioner Williams. Mr. Williams: --- explanation on 38. I’d like hold that one please, just to get some clarity. I’m not opposed to it, I’d like to know how long, what, how much, how much land, uh there’s a lot to 38 that’s, I’d just like to get some clarification on. Mr. Mayor: Okay. Do we have any further items to be added to? Ms. Beard: Mr. Mayor, what about --- Mr. Mayor: Commissioner Beard. Ms. Beard: --- number 40? Mr. Mayor: Okay any further items to be added to? Any items to be pulled for discussion? Mr. Williams: Ms. Beard wanted to add Item 40, Mr. Mayor, and I’m in support, I think. The word in the backup, we looked at says it’s best effort or something to that nature. Should be changed to um, and I’m not looking at it right now, Mr. Shepard, but I got no problem adding it to the consent but if you give me a minute I’ll go back there and look at that. Mr. Shepard: Which item, sir? Mr. Williams: Item 40 that Ms. Beard wants to put on the consent. Mr. Shepard: There’s a model resolution in number 40, sir. Mr. Williams: I think it says pledge, pledge active uh, best effort to seek, and I think it should be uh, that active effort ought to be taken out of there Mr. Shepard. In order just to seek to achieve the goals uh, that’s best effort and that active effort don’t say too much. Cause one person’s effort and another person’s effort might be totally different so, I think we ought to be clear in our language. I learned that from the attorney’s side of view when you sat beside me Mr. Shepard. Mr. Mayor: Okay, you’re fine with it being added to the consent with that change in? Mr. Williams: Right. Mr. Mayor: Okay. Do we have any other further items to be pulled for discussion? Mr. Williams: To be pulled, Mr. Mayor? 14 Mr. Mayor: Mr. Bowles. Mr. Bowles: Thank you, Mr. Mayor. I’d like to delete Item number 23 altogether. I spoke with Commissioner Hatney and this is one of those issues that keeps coming up and we seem to have some philosophical differences on it and I’d like to apologize to Commissioner Betty Beard and um, Commissioner Marion Williams and Holland if they thought it was an attack on their travel to Reno when I put this on the agenda which it was not. But um, I’d like to pull this and Reverend Hatney and I will be working over the next few weeks to come back with a solution that will be satisfactory for all people involved in the community. Mr. Mayor: Now that’s Christmas spirit. Any further items to be pulled for discussion? Mr. Williams: Mr. Mayor uh, if I can make --- Mr. Mayor: Commissioner Williams. Mr. Williams: I think it’s good Mr. Bowles and Mr. Hatney gonna work together but I think all of us ought to be included if we gonna talk about something that’s gonna affect all of us. And I don’t think him and Mr. Hatney ought to get together and --- Mr. Bowles: Everybody will be involved. Mr. Mayor: Commissioner Williams. Commissioner Cheek. Mr. Williams: Now that’s the Christmas spirit. Mr. Mayor: Commissioner Cheek. Mr. Cheek: And that’s the thing. While we’re pursuing inclusion, when half of this body has a heart felt concern about any given issue, it’s incumbent upon the remaining other portion of the body to consider those feelings, whether it be for or against an issue to try to develop a path forward that accommodates the interest of all of us who represent all the communities and I hope that we’ll see that in the coming year. Working towards solutions that we all can agree upon, to come up here and vote on together. Mr. Mayor: Absolutely. Okay, if there no further additions to or items --- Commissioner Williams. Mr. Williams: Uh, I’d like to pull item 20, item number 12 for information. I’m not opposed. I need some information on item 12. Item 21. Uh, I think Mr. Bowles pulled 23 I believe. Uh, 26 Mr. Mayor, and 26, yes. Item 23 was pulled, is that right? Mr. Mayor: Yeah. Mr. Williams. Okay. 15 The Clerk: --- requested to be deleted. Mr. Williams: All right. Well 20, 21, 26 and number 12. Just need some clarification. ? Mr. Mayor: Okay, are there any further items to be pulled for discussionHearing none I would look for a motion to approve the consent agenda. Mr. Williams: So moved. Mr. Bowles: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. CONSENT AGENDA PLANNING 2. Z-06-124-A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Keystone Homes Inc. requesting a Special Exception to establish a sales/construction office in a model home in Granite Hill Section II per Section 8-1 (f) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .35 acres and is known under the present numbering system as 3234 Lexington Way. (Tax Map and Parcel not yet assigned by Augusta-Richmond County Tax Office) DISTRICT 3 3. X-06-125-A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Cecilia K. Urch, on behalf of Cecilia K. Urch, et al, requesting a Special Exception to establish a Church per Section 26-1 (A) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 3.65 acres and is known under the present numbering system as 3970 Belair Road. (Tax Map 038 Parcel 041) 4. Z-06-126-A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by, Mills Briggs, on behalf of Rebecca Rice, requesting a change of zoning from Zone R-1A (One-family Residential) and Zone B-2 (General Busi9ness) to Zone R-1A affecting property containing 1.37 acres and is known under the present numbering system as 1927 George Road. (Tax Map 071-3 Parcel 050) DISTRICT 5 5. Z-06-127-A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE with the following conditions 1) the only use of the property shall be a concrete plant, or those uses permitted in the LI (Light Industry) zone;2) if the property ceases to be used for a concrete plant for 2 years or more, the zoning shall revert to LI.; a petition by Raymond O. Barton, on behalf of American Concrete Inc., requesting a change of zoning from Zone LI (Light Industry) to Zone HI (Heavy Industry) affecting property containing approximately 1.74 acres and is known under the present numbering system as 619 Thirteenth Street and 1310 Walker Street. (Tax Map 046-2 Parcels 087 and 088) DISTRICT 1 6. Z-06-128-A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Leon Barton, on behalf of Leon Barton and 16 Melvin Barton, requesting a change of zoning from Zone R-1A (one-family Residential) to Zone R-1D (One-family Residential) affecting property containing .34 acres and is known under the present numbering system as 2413 and 2415 Oakridge Street. (Tax Map 084-4 Parcel 161) DISTRICT 5 7. Z-06-129-A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE with the condition that only one manufactured home be allowed on this parcel; a petition by Ben Lord, on behalf of Richard Lord, requesting a change of zoning from Zone B-2 (General Business) to Zone A (Agriculture) affecting property containing 1.93 acres and is known under the present numbering system as 4004 Belair Road. (Tax Map 038 Parcel 035) DISTRICT 3 8. Z-06-130-A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by New Savannah Social Services Inc. requesting a change of zoning from Zone R-1C (One-family Residential) to Zone P-1 (Professional) affecting property containing approximately .19 acres and is known under the present numbering system as 1686 Old Savannah Road. (Tax Map 059-3 Parcel 524) DISTRICT 2 9. FINAL PLAT–WALKER HILL, PHASE 2-S-739-II-A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by James G. Swift and Associates, on behalf of Prather Construction Co., requesting final plat approval for Walker Hill, Phase 2. This residential subdivision is located on Storey Mill Road, northeast of Patiller Road and contains 30 lots. 10. FINAL PLAT-HILL HAVEN-S-722-A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE a petition by Southern Land Surveyors, on behalf of Randy Gilbert, requesting final plat approval for Hill Haven Subdivision. This residential subdivision is located on Powell Road, south of Jimmie Dyess Parkway and contains 11 lots. 11. Z-06-119-A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Crowell & Company, Inc., requesting a change of zoning from Zone A (Agriculture) to Zone R-1A (One-family Residential) affecting property that contains approximately 6.65 acres and is located on the southeast right-of- way line of Dennis Road, 400 fet, more or less, northeast of Parker Street. (Part of Tax Map 004 Parcel 002) PUBLIC SERVICES 13. Motion to approve a New Ownership Application; A. N. 06: request by Parvinderjit Singh Aneja for a retail package Beer & Wine license to be used in connection with Aneja, LLC dba RaceWay #703 located at 3309 Peach Orchard Rd. District 6. Super District 10. (Approved by Public Services Committee December 11, 2006) ADMINISTRATIVE SERVICES 14. Motion to approve recommendation from the Lyman/Dover Streets Subcommittee regarding the implementation of the redevelopment plans for the Dover Street area subject to Commission’s approval of the final design plans. (Approved by Administrative Services Committee December 11, 2006) 15. Motion to approve a Façade Rehabilitation Grant Application affecting property th located at 1301 12 Street (corner Florence St.) (Approved by Administrative Services Committee December 11, 2006) 17 PUBLIC SERVICES 16. Motion to authorize the Mayor to sign MOA to respond to local public health emergencies resulting in the deployment of the Strategic National Stockpile. (Approved by Public Safety committee December 11, 2006) 17. Motion to approve contract agreement between the State Court of Richmond County and Sentinel Offender Services, LLC. (Approved by Public Safety committee December 11, 2006) FINANCE 18. Motion to approve a request from Catherine Verdery Ryan, Attorney for A.B. Verdery, Jr., regarding a refund of taxes for property at 2933 Henry Street in the amount of $16,755.59. (Approved by Finance Committee December 11, 2006) 19. Motion to approve stopping the accumulation of penalty and interest charges on taxes of Mr. Altaf Hussain business at this point, allow him to pay off the taxes and then come back and forgive the approximate $1,700 in penalty and interest charges after the taxes have been paid off. (Approved by Finance Committee December 11, 2006) 22. Motion to approve a request from Silvercrest Baptist Church regarding the abatement of 2005 and 2006 taxes in the total amount of $840.16. (Approved by Finance Committee December 11, 2006) 23. Motion to approve allocating funds to each individual commissioner of a percentage basis for travel. (Approved by Finance Committee December 11, 2006) ENGINEERING SERVICES 24. Motion to abandon 0.07 tract of land off of Augusta Avenue to Macuch Steel Products, Inc. (Approved by Engineering Services Committee December 11, 2006) 25. Motion to approve developing a policy for exemptions from solid waste. (Approved by Engineering Services Committee December 11, 2006) 27. Motion to authorize condemnation of a portion of Property #051-0-216-01-0 3929 Bolton Street, which is owned by Pearline G. Tate, Robert E. Tate and Moy-A Bey for 6,526 sq. ft. of permanent easement area. Public Works Project: Pointe West Subdivision Drainage Improvement Project. (Approved by Engineering Services Committee December 11, 2006) 28. Motion to authorize condemnation of a portion of Property #051-0-057-00-0 at 3958 Scott Street, which is owned by Cleo Preston Tutt, for 321 sq. ft. of permanent easement area and 3,683 sq. ft. of temporary construction easement area. Public Works Project: Belair Hills Subdivision (Approved by Engineering Services Committee December 11, 2006) 29. Motion to authorize condemnation of a portion of Property #128-0-110-00-0 3640 on New Karleen Road, which is owned by Katrina B. Whitfield and Horace Whitfield, for 1,700 Sq. Feet for a Permanent Easement and 850 Sq. Feet for a Temporary Easement. AUD Project: Horsepen Sanitary Sewer-Phase 2. (Approved by Engineering Services Committee December 11, 2006) PETITIONS AND COMMUNICATIONS 18 30. Motion to approve the minutes of the regular meetings of the Commission held November 21, December 5 and Special Called meeting held December 11, 2006. OTHER BUSINESS 40. Motion to approve a Resolution supporting Partnership for Working Toward Inclusive Communities. (Requested by Commissioner Betty Beard) Motion carries 8-0. [Items 2-11, 13-19, 22-25, 27-30, 40] Mr. Mayor: Okay Madame Clerk let’s start with the pulled items. The Clerk: PLANNING 12. Z-06-123-A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE with the condition that no further work be done at this site until an approved soil erosion and site plan is completed; a petition by Buddy Werts requesting a Special Exception in an Agriculture zone to establish sand mining excavation per Section 7-2 of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting approximately 5 acres of property of a total of 55 acres located in two parcels and the new address recently assigned for the m mining operation is 1240 McCoy road. (Tax Map 280 part of Parcels 011 and 022) District 8. Mr. Mayor: Mr. Williams. Mr. Williams: Mr. Mayor, I’m not opposed, I just want to know, this plan will determine how this would be referred back I guess after we mine this area. What plans were there to, and how will we build it back up? Mr. Mayor: Yes, sir. Mr. Austin: Mr. Mayor, I’m Bob Austin, I’m filling in for George Patty. Uh, Mr. Williams, it will be a soil erosion plan for the mining activity and the petitioner will have to abide by the land reclamation laws, state law on that so they’ll have to reclaim the land and uh, this is just for five acres, 55 acres to start with. It’s just a sand mining pit. Mr. Williams: Okay, but um I’m, and you just said that there will be a plan to replenish that area --- Mr. Austin: Yes, sir. Mr. Williams: --- uh, okay. And that’s what I want to know Mr. Mayor. I’m thinking about um, Mr. Shepherd brought a situation to us on Damascus Road where uh, we allowed some dumping, illegal dumping to go on for quite some time in that area, it’s continuing and I think we need to be careful about when we approve something. How, make sure that the plans in 19 So moved, Mr. place to rebuild and bring it back to the standard. That’s all I needed, Bob. Mayor. Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, I don’t have a problem with this either but I do have a, had a 90 acre plus site out on New Karleen Road that the entire, started out like this and then the entire property was scabbed over and then not reclaimed until we actually got our code enforcement and turned the heat up on the stakes. I’m very concerned that one, the state does not take these things aggressively to make sure that they’re taken care of. So I would voice a concern that we make sure that when they mine five acres they don’t leave us a five-acre scab. That they reclaim it because I believe that’s part of the states requirements that you reclaims as you go. You don’t leave it for the next twenty years, an open ugly pit and then declare bankruptcy or move onto another site leaving it for the city to take care of. So I want to express those concerns and ask the staff to be diligent and watching how this work is done and the reclamation efforts that are used to make sure that it conforms to the state and if not, we jump on it with both feet. Mr. Mayor: Are you gonna second the motion? Mr. Cheek: I’m gonna second that motion. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Motion carries 8-0. The Clerk: FINANCE 20. Motion to approve a request from Morris communications Company regarding an overpayment of 2005 taxes in the amount of $88,212.01. (Approved by Finance Committee December 11, 2006) Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor many times we repaid when we found it necessary to do this. But when I saw the figure, I just wanna know from our department. I mean, how did we get such a great difference in what we paid and what, you know, what we gonna turn around a pay back $88,000.00. I’m just a bit confused. If there’s somebody from the tax office can share some information with us so we can --- Mr. Mayor: Do we have somebody back there from the Tax Commissioners office? Mr. Williams: I saw Sylvia Cooper earlier, Mr. Mayor. She might be able to do that but I --- (LAUGHTER) 20 Mr. Mayor: No personal remarks. Mr. Russell: Mr. Mayor, we could put this off to the end of the uh, few minutes until we get somebody up here, move forward, I’ll be happy to get somebody up here. Mr. Mayor: Okay. Mr. Russell: Unless somebody just came up behind me. Mr. Mayor: Somebody just came up behind you. Mr. Speaker: This really is a matter for the Tax Assessors office. It has nothing to do with the Tax Commissioner. Mr. Mayor: Okay. Mr. Williams: We’ll put it off then to the end. Mr. Mayor: Okay and so we can get somebody to --- Mr. Cheek: Motion to table. Mr. Williams: So moved. Mr. Mayor: We have a motion to table and a second. Ms. Beard: Second. Mr. Mayor: Commissioners will now vote by the usual sign. Motion carries 8-0. The Clerk: FINANCE 21. Motion to approve a request from the NAACP regarding the purchase of tickets for the rd 33 Annual Freedom Fund Banquet. (Approved by Finance Committee December 11, 2006) Mr. Mayor: Commissioner Williams, I believe this one was yours as well? Mr. Williams: Yes sir, Mr. Mayor. I just need to know are we following the same pattern that versus buying tickets, we would buy tickets for those who are interested in participating going or we, is, there’s been a normal pattern is that right, Ms. Bonner? The Clerk: Yes, sir. Purchase for tickets for those wanting to attend the event. 21 Mr. Williams: And I wanna make sure that that’s what this was. The Clerk: Yes, sir. Mr. Mayor: Is that correct on this as well? The Clerk: Yes, sir. Mr. Mayor: Okay. The Clerk: The purchase of tickets for those commissioners wanting to attend the event. Mr. Williams: So moved then, Mr. Mayor. Mr. Cheek: Second. Mr. Mayor: We have a motion and second. Any further discussion? Commissioners will now vote by the usual sign. Motion carries 8-0. The Clerk: ENGINERRING SERVICES 26. Motion to approve funds in the amount of $252,500 for 145 additional sewer tie-ins and unforeseen roadway conditions associated with the Belair Hills Subdivision Sanitary Sewer System project. (Approved by Engineering Services Committee December 11, 2006) Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor, I’m in support of this project but uh, it’s talking about unrelated and unseen. Uh, my question I guess is, are we doing drainage and curbing in this area or is this, I mean because if we’re digging up the road now, I was just in that area couple three nights ago, early night Mr. Shepard, it wasn’t late. But uh, --- Mr. Shepard: I wasn’t questioning it. Mr. Williams: But uh, are we doing, do we have to go back in there and spend more money now to dig this up to redo some stuff that we need to be doing at the same time or are we covering all the bases while we’re in here now. That’s what I need it to be. Waited a long time to get what they got. And I’m not opposed to it. I’m saying that. But I wanna know, are we taking care of all of the needs while we’re in there one time or do we gotta come back? Mr. Byne: Good afternoon. The utilities portion of the project was simply to install sanitary sewer in the existing homes, starting with the existing homes in the neighborhood, 22 addition to public works, engineering has a project to bring storm sewer and some curbing gutter related facilities to the unimproved areas of the neighborhood. But, utilities does not make policy of installing curb and gutter, sidewalks in areas where they do currently exist unless we impact them. This is discussed at several meeting and uh, the funds were not budgeted as part of our project to install curb and gutter or sidewalk in the project. Mr. Williams: Mr. Mayor, in spirit of what --- Mr. Mayor: Mr. Williams. Mr. Williams: --- in spirit of working together I just, when I drove through I didn’t see any signs of all that happening and I wanted to find out, are we communicating or are we trying to do those things. Those things could save us a lot of money by doing them at the same time while we’re in there. And plus it’d be a convenience for the taxpayers rather than an . It’s, it’s throwing good money at the bad I think but uh, so moved Mr. inconvenience Mayor, I wanna keep this project moving but --- Mr. Mayor: We have a motion. Is there a second? Mr. Bowles: Second. Mr. Mayor: Any further discussion? Commissioners will now vote by the usual sign. Motion carries 8-0. The Clerk: PLANNING 31. Z-06-112-A request for concurrence with the Augusta-Richmond County Planning Commission to DENY a petition by Sonya Mixon, on behalf of Edward Frazier, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property that contains .45 acres and is known under the present numbering system as 2235 Basswood Drive (Tax Map 167 Parcel 442) Mr. Cheek: Motion to concur, Mr. Mayor. Mr. Williams: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Motion carries 8-0. The Clerk: 23 PLANNING 32. Z-06-113-A request for concurrence with the Augusta-Richmond County Planning Commission to DENY a petition by Brenda Hammond Baxter, on behalf of Lawrence Minor, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property that contains .17 acres and is known under the present numbering system as 2911 Wheeler Road. (Tax Map 025-4 Parcel 085) Mr. Cheek: Motion to concur with the recommendations of zoning. Mr. Bowles: Second. Mr. Mayor: We have a motion and a second. Is there further discussion? Commissioners will now vote by the usual sign. Motion carries 8-0. The Clerk: PLANNING 33. Z-06-131-A request for concurrence with the Augusta-Richmond County Planning commission to DENY a petition by Lorraine Willis and Ella Matthias, on behalf of Ella Matthias, requesting a change of zoning from Zone R-1 (One-family Residential) to Zone B-1 (Neighborhood Business) affecting property containing .49 acres and is know under the present numbering system as 2664 Tobacco Road. (Tax Map 140 Parcel 195) DISTRICT 4 Mr. Cheek: Motion to concur, Mr. Mayor. Mr. Harper: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Motion carries 8-0. Mr. Mayor: Madame Clerk I believe we have a representative of the Tax Assessors Office to go back to 20. The Clerk: Okay. Mr. Cheek: Motion to reconsider 20 or bring it off the table Mr. Mayor. Mr. Mayor: We have a motion to --- Ms. Beard: Second. 24 Mr. Mayor: --- and a second. Any further discussion? Commissioners will now vote by the usual sign. Motion carries 8-0. Mr. Mayor: Commissioner Williams I’ll recognize you so you can bring up your concern. Mr. Williams: Uh, yes, sir. What I was asking was the amount of $80,212.01. Uh, can Mr. Hicks, can you tell us how, I mean how this come about, how did we get to that, that amount, I mean --- Mr. Hicks: Yes, sir, Commissioner Williams. In 2005 and 2006 the property owner in fact had returned certain software that by Georgia statute is exempt. When it was discovered that it was exempt, they initially came in for the 2006 digest and requested that that software be removed from their return. They filed a personal property return that included the value of that software. And then after they reviewed certain Georgia statutes they determined it was actually exempt from taxation. After the Board of Assessors in fact agreed to remove the value for 2006, they then filed a refund request for 2005. Mr. Williams: Well, I don’t know to ask this question Mr. Mayor, but I wanna know how much taxes was paid if this, can you answer that question? Mr. Mayor: When you say how much taxes was paid? Mr. Williams: Well, um I’m looking at the return and we need to pay back the $88,212.00 uh, and that’s ’05 and ’06. Is that right, Mr. Hicks? ’05 and ’06. Mr. Hicks: No, sir. This is actual, represents the value for ’05 only. Mr. Williams: ’05 only. Mr. Hicks: Yes, sir. Mr. Williams: But this didn’t happen in ’06. This won’t be back you’re saying. Mr. Hicks: It will not be back. It’s already been removed from the digest. Mr. Mayor: So basically we’re complying with state law. Mr. Hicks: That’s correct. Mr. Mayor: Okay. Mr. Williams: So moved, Mr. Mayor. 25 Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: Thank you, Mr. Mayor. I just want to try to explain it to people who I’ve been explaining that same question to all my constituents. Basically what has happened is it, say you had $16M of tax exempt interest and you filled out your tax return and you put it as taxable interest and you paid taxes on it and then you were like, oh no I paid taxes on it so you file an amendment and that’s basically what we have here. They paid taxes on something that was non- taxable and they’re requesting the credit for those taxes paid. Mr. Hicks: That’s correct. Mr. Bowles: Does that help somebody? Mr. Mayor: We have a motion. Mr. Cheek: Second. Mr. Mayor: Do we have a second? Commissioner Williams. Mr. Williams: That helps, Mr. Mayor, but I’m just wondering why we don’t have a, a mechanism in place that will let us know that they’re paying too much. Another words, how can we prevent, I mean, we got a lot of refunds, I mean, (unintelligible) so I’m just trying to figure out, is there something we need to put in place to prevent, to not just, for them folks but for us as well. Mr. Mayor: Put up a red flag, yes, sir. Mr. Hicks: Commissioner Williams, personal property is a little different from real property. In many instances the Board of Assessors doesn’t know what the property zoned by the individual taxpayer until they actually file the return. In this instance the property owner did file the return, included these assets in their return and only subsequent to filing that, realized that according to state statute, certain assets were exempt. But, but the only thing that the Board of Assessors can do is rely upon the personal property returns that are in fact filed by the taxpayer. That is initially where we must start. Mr. Mayor: Okay. Commissioner Bowles. Mr. Bowles: I think what would help Mr. Williams’ question is, how many employees do we have performing property tax return audits? Mr. Hicks: Uh, probably three personal property appraisers or audits that are doing their work. Mr. Bowles: Okay. 26 Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Dr. Hatney out. Motion carries 7-0. Mr. Mayor: Thank you sir. Madame Clerk, next agenda item. The Clerk: Mr. Mayor, the Attorney needs to be recognized. Mr. Mayor: Mr. Shepard. Mr. Shepard: Thank you Mr. Mayor. While I was out of the room I believe you went through the zoning petitions. One of the petitioners is here, Item 33, if uh the commission would um, would revisit number 33, please. Mr. Williams: Motion to revisit Item 33, is that right? Mr. Shepard: Reconsider actually. Mr. Williams: Reconsider. Mr. Cheek: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Motion carries 8-0. Mr. Austin: I’m Bob Austin from the Planning Commission and I don’t know how many of you all got to see this property but it’s an anchor lot in the Pinnacle Place Subdivision, a very small piece of property. It’s a Daycare Center request, a R-1 zoning now, and the Planning Commission felt that the uh, approving it would be uh, would really be uh, affecting the neighborhood in a negative way, devalue the properties around it, traffic and devaluation. And I think there’s somebody here for the case. Mr. Mayor: Do we have somebody here to speak on that? Could you state your name and address for the record please? Mr. Willis: Sir, my name is David Willis. I live at 2205 Harwood Drive, Hephzibah, Georgia. Mayor, Commissioners, the Willis-Matthias family are here to discuss a serious business matter concerning the future of the House of Kids Learning Center located at 2264 Tobacco Road. We was denied zoning at the last planning meeting and we’re here to clarify any misconceptions, rumors and to smooth out any adverse feelings towards our proposed business to conduct, operate as a daycare center in South Richmond County. We have some presentations 27 and some pictures uh, pleading our case. The first presentation is gonna be by, is gonna be by Mrs. Matthias. She’s going to tell how we got started in this business. Mr. Mayor: Okay, and we’re going to keep it to five minutes. I hate to limit ya’ll but --- Ms. Matthias: Good afternoon, Commissioners and Mayor. We spent two years looking for our property to start a childcare center that was in our budget. Our other property that we found in price was $150,000.00 and that wasn’t in our budget. We seen a sign on Tobacco Road and Pinnacle Place Drive. We called the realtor and he came out and showed us the property, and me and Lorraine couldn’t believe what the property was. The property was $24,000.00 and $900.00. We told him what we wanted, we told him, the realtor what we wanted to do with the property. He said it wasn’t no problem since Tobacco Road is already zoned commercial and if we use the address 2264 which is on Tobacco Road it’ll be zoned commercial and he said don’t worry about it. When the building is finished he’ll get it zoned. We tossed all our saving, $24,500.00 for the down payment and we made a down payment, but um, sadly of his untimely death, the realtor passed so, he didn’t complete his assignment. Ms. Speaker: Good evening, Commissioners. Thank you for hearing our side. Forming the business, our proposed business consists of the following people, the owner, Ella Matthias and Lorraine Willis, the realtor, Mr. Teasley, who sadly passed recently, the banker, Georgia Bank and Trust Company, the builder, Southern Construction Company. These people played a very special part in getting us started. They all were very happy about us trying to start our only, are own business as female minorities. Our profession and affection are for children. We work with children of military families at Fort Gordon Child and Youth Services for twelve years. We have worked with children of military families with over 50 years of experience. We will give free childcare services for our fallen soldier families and children of child abuse and child neglect families until no longer needed. Children and families are a very important part of our proposed business and thank you for hearing us. Mr. Speaker: Good Afternoon. (Unintelligible)--- parking lot. That’s a vision so you can see what we intend to do if we are approved. Thank you. Mr. Willis: So we want to let you know that, that building was built with a lot of feelings, the purpose to take care of kids. It was built to have a positive effect not only on the South side of Richmond County also for Augusta. We built that center as a center to uh, as a place for community gatherings and to include association meetings. We was gonna offer basic computer literacy for the children and somewhere down the line, for adults. Set up self-defense classes, teen organizations and we do have an organization right there doing training in our facility. They’ve been in Augusta now for 14 years and they’re called the Dynamic Steppers, supported by Ms. Marie Williams and Mrs. Linda Fletcher. One good thing for this daycare center, it would help create jobs, part-time and full time. Last thing, it was gonna be a place for kids to learn and play and to develop some sound principals and leadership. In closing, Mayor, Commissioners, before you make any decisions today, look at those child care centers that you have in your pamphlets, they’re in our subdivisions and they are successful and model citizens for their community. And we feel that we deserve this right also. Please read the article within your packet. It’s part of the last article. It’s highlighted what’s going on. That was a 28 predisposed idea of what the property might have been used for in the beginning before we bought the property. And right now, we’ve had a turbulent road up until this point. In closing, I want to let you know there’s no list of names today positive or negative can I fully reflect the needs of a family with children for childcare at 2664 Tobacco Road. Thank you. Mr. Mayor: Thank you, sir. Commissioner Williams. Mr. Williams: Thank you Mr. Mayor. Uh, I’m in support of childcare, wherever. I’ve got a bunch of calls from the neighbors and that’s not my district. I’m not speaking for the district commissioner out there. But when the realtor sold that property Mr. Mayor, in fact they would sell an Eskimo a refrigerator if they could, they’ll tell you anything. And they was told that, you know, it could probably be a daycare, whatever and I understand that. I had another situation where someone bought a piece of property and didn’t get it zoned first. And that should’ve been something that this family should’ve done. But, when you don’t know, you just don’t know. Mr. Mayor, I suggest they go back and talk to the community, what with the district commissioner sitting out there, uh to see if there’s anything that can be worked out. We’ve done other daycares in neighborhoods that couldn’t have any signs up, they couldn’t have any material for playground material out, but I just think that there have been a lot of misconceptions and they might want to sit down and talk with the community out there to find out uh, I don’t have a dog in the fight I mean it don’t, it’s not gonna help District 2 one bit, but I just wanna do what’s right. Planning and Zoning said they denied it because of the traffic, because of the other thing they, they feel like a lot of people invest a lot of money in homes and all them folks will tell you, they love children. But when it comes to putting a daycare in that facility or in that area, and the home was built for residential use I think in the beginning. And then when the realtor wants to sell it, that’s when they say it can be used for, for I guess, multipurpose in there but, that’s my comment Mr. Mayor, and I don’t have any other comment expect --- Mr. Mayor: Okay, Mr. Cheek, and then I’ll go to Mr. Harper. Mr. Cheek: Um, this is uh, an area that was in my district before we reconfigured the districts a few years back. And, you have on entrance in and nearly a thousand homes in that subdivision. This is something where you have houses valued over $200,000.00, a very nice neighborhood. And they’re rightfully concerned about the transfer of equity that may occur by establishing a business at their entrance where their home values would be devalued and the property of the commercial properties values would actually go up. This is one of those many ticking time bombs we’ve had where the developers will allow this kind of thing to happen instead of like in Columbia County where you have a nice gateway entrance on a main thoroughfare, they’ll throw in a Zippy Mart or something like that, that really doesn’t allow for a gateway to remain in place for the neighborhood to show off how beautiful it is and how much people care. So I concur with Commissioner Williams. In the past, what we’ve done is allowed and encouraged the petitioner and the community to get together and talk, to plan a meeting, and then come back in thirty days or um, some period of time to see if there can’t be some resolution. There’s a tremendous investment by the family, a tremendous amount of investment by the community in that area. I understand the neighbors are not interested in it and I’ll have to concur . I’m gonna make that in the with their wishes unless we can come up with some compromise form of a motion, Mr. Mayor. 29 Mr. Mayor: Commissioner Harper. Mr. Harper: Uh, yes, Mr. Mayor. That particular nursing home is in my district and um, I know that they have at least two meetings they had. I was at one of them. And we have a spokesperson for that neighborhood here and I think we ought to allow them five minutes to stand before us and state their --- Mr. Mayor: Okay. Can we get the spokesperson for the neighborhood? Ms. White: Good Afternoon, Mr. Mayor and Commissioners. My name is Matassa White. I’m the president of the Pinnacle Place Community Association. And I’m first to say I’m eight months pregnant, a daycare is something I’m obviously interested in but our petition is not about the daycare. Our petition is about the rezoning from a residential area to a commercial area. There’s a concern with traffic, it is very close to the traffic light. There’s already a grand fathered business there, on the Farrington side with one entrance in. If you would add a second entrance less than fifty yards away to the traffic light, there would be additional accidents there. We’ve had three so far this year. We’ve had five last year and that’s after the traffic light had been put in place. The owners did come to the Pinnacle Place Community Association only after the building was put up. They did not talk to anybody in that community about, in the um, the officers in that community about this. They went to Farrington; they went to Sand Ridge before they ever talked to us. All we ever saw was a house going up on that property. When we tried to find out about the house, we were told it was a house. In addition, I have put in front of you the rezoning of 2664 Tobacco Road as a hand out as to why the community is against the rezoning of the property. Again, we support military children. We support all children. I’m eight months pregnant. I need a daycare but this not about the daycare. There are eight other houses on the same side of the street that all belong to Pinnacle Place. If all, if this one became commercial, then the other ones would have a reason to go commercial and now we have a Washington Road on Tobacco Road. Pinnacle Place is the only subdivision in that area with one way in and one way out. That is the front entrance. At five o’clock at night it’s very hard to get in, it’s very hard to get out. This would be the time people are picking up their kids. The daycare wants fifty of them. I’m also concerned that is the daycare folds, something else could go there like a restaurant. Again, five o’clock in the afternoon, you’re trying to get into your house with a lot of traffic there. The owners have always known that it was residential when they purchased it. It was purchased as a residential lot. So, for all these reasons, if there are any questions, I’ll be happy to answer those but you do have a recap sheet in front of you. If someone did not get a copy of that please let me know, I’ll try to get you another one. Um, but for those reasons we are supporting the zoning boards denial of their petition to turn this from a residential to a commercial lot. Thank you. Mr. Mayor: Okay. Thank you so much. I believe we have a motion from Mr. Cheek, but I don’t believe Madame Clerk --- Mr. Cheek: I want to amend my motion, Mr. Mayor, to concur with the denial of, the denial put forth to us by the Planning Commission in light of the fact that they’ve had a 30 couple of meetings, which is our normal process but um, I’m gonna make a motion we concur with Zoning and Planning. Mr. Williams: I’ll second that one. Mr. Mayor: Okay, we have a motion and a second. Is there any further discussion? Mr. Brigham: What was the motion, Mr. Mayor? The Clerk: To deny. Mr. Mayor: To concur with the recommendation of Planning and Zoning. Mr. Cheek: To deny. Mr. Mayor: To deny. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Hatney abstains. Mr. Bowles out. Motion carries 6-1. Mr. Mayor: Next agenda item please Ma’am. The Clerk: FINANCE 34. Request to consider abatement of taxes on property known as Map 59-1, Parcel 38. (No recommendation from Finance Committee December 11, 2006) Mr. Mayor: Yes sir, Mr. Williams. Mr. Williams: I would like to withdraw this. The matter has been solved. We’ve collected the taxes. The problem was that the proceeds from the acquisition of the property were tied up in court because of a multitude of errors but that uh, the court was petitioned to release the funds and they have been applied to the taxes so it’s been resolved. Thank you. Mr. Brigham: Move we delete this item from the agenda. Mr. Cheek: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Mr. Bowles out. Motion carries 7-0. 31 Mr. Mayor: Okay, Madame Clerk, uh, Mr. Shepard, excuse me. Mr. Shepard: Mr. Mayor, members of the commission, I’d ask that the commission reconsider 32. The petitioner is here and wishes to be heard. Mr. Brigham: Mr. Mayor? Do we also need to reconsider --- Mr. Mayor: Mr. Brigham. Mr. Brigham: --- item 33 Mr. Smith: We’ve already done 31. I thought we might want to see about 33 since we -- - Mr. Mayor: We just did 33. Mr. Williams: So 31, Mr. Brigham. Mr. Brigham: 31. Mr. Mayor: Do we have anybody here for 31? Okay, could we get a motion to reconsider item number 32? Mr. Brigham: So moved. Mr. Cheek: Second. Mr. Mayor: We have a motion and a second. Any further discussion? Commissioners will now vote by the usual sign. Mr. Bowles out. Motion carries 7-0. The Clerk: PLANNING 32. Z-06-113-A request for concurrence with the Augusta-Richmond County Planning Commission to DENY a petition by Brenda Hammond Baxter, on behalf of Lawrence Minor, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the comprehensive Zoning Ordinance for Augusta-Richmond County affecting property that contains .17 acres and is known under the present numbering system as 2911 Wheeler Road. (Tax Map 025-4 Parcel 085) Mr. Mayor: And if you could state your name and address for the record, please, ma’am. 32 Ms. Baxter: I’m Brenda Hammond Baxter and I have some copies here because I was denied because of the driveway. So I had the engineers of Augusta come out and they drew up a plan that I can pass out to each one of you. Mr. Mayor: Okay, we’re gonna wait for a representative of Planning to get back. We’re going on the item number, agenda item 35, I believe, Madame Clerk? The Clerk: ENGINEERING SERVICES 35. Discuss the Phase II environmental site assessment relative to the soil contamination of the Hyde Park Neighborhood. (Requested by Mayor Pro Tem Marion Williams) Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor I asked someone from the Board of Health to come and to uh, share with us uh, as much information as they possibly can about this area. This environmental testing had been done and a report came back very negative and I though the Health Department would be the lead entity that would be able to let us know how much impact this study has, you know have brought to the table. We’ve been doing this stuff for quite some time. We know about the contamination in Hyde Park, we know how long Hyde Park has been in that condition. The families that are living there was instructed not to uh, eat anything that they had planted in their garden, I mean anything that’s nature that was cancer causing a uh, uh, what’s the word Mr. Russell? Mr. Mayor: Carcinogenic. Mr. Williams: Okay. It’s been a bad area and we know that and we’ve been dealing with it for quite some time and uh, I wanted the Health Department to come forward and tell us what’s the next step, what do we gotta do, where are we I guess at, at this point. And I talked to someone this afternoon, Mr. Mayor, there’s someone from the Health Department here. Mr. Mayor: Yes ma’am, could you come forward? Ms. Youmans: Good Afternoon. My name is Cassandra Youmans. I’m the District Health Director. And uh, today from the Health Department with me is John Thibeault, he’s the District Health Director. He’s over Environmental Health Services for our thirteen county districts, and also Mr. Mike Allison, who’s the Environmental Health Director for Richmond County. Commissioner Williams called me last week and he told me about a report that had been released, I think he said about thirty days before his call to me. Um, the EPA had given Augusta a grant to tend to the Brownfield Study area. Now I assume that public health didn’t receive the report because the hazardous and toxic sites are not under that jurisdiction of public health but under the jurisdiction of the Department of Natural Resources and also the Federal EPA. Now as public health, I told Commissioner Williams, I said that although toxic sites are not within our jurisdictions and environmental health is sometimes a waste basket term, there’s certain environmental health activities that we are involved in, sewage site inspections, and 33 restaurant inspections and that sort of thing. But toxic sites don’t’ fall under our jurisdiction. And we’re not the regulatory authority. I say that but I also say this, that anything that affects the health and safety of the residents in this district is a concern of ours and I said that to him. Now what we have done is, I went to the area along with Mr. Allison. We toured the area. I met with Mr. Thibeault and Mr. Allison in my office. We reviewed the reports over ten years ago and we got a copy of the report from Commissioner Williams’ office and we reviewed that. We went ahead and contacted the Georgia Department of Natural Resources and EPA. We let our appointed authorities know about the situation and uh, we wanted to know, one, to see if they had the report, to see, two, if they had reviewed the report and I spoke to a Mr. David Brown Lee and I told Commissioner Williams when he called me, I said let me investigate to see exactly what’s going on and I would get back to him and that I did and I gave him the name of Mr. David Brown Lee, he’s a compliance officer for the Goldberg/Brown site and he is with the Georgia Department of Natural Resources. He is the expert of record. They are in contact with the Federal EPA and they’re going to provide us with comments on this report. And I asked him when will we see the comments of the report and he said late January. So we, he has my, we asked them if they would please include public health within the loop and keep us abreast but we’re not going to limit ourselves at that. Um, I have his number. I’ve given it to Commissioner Williams. I told him that we would follow up with them to see that some kind of action is being taken and that they’re going to follow up with the report. Now liken it to this, I mean environmental health again I said is a wastebasket term. I’m a physician. I’m an internist and pediatrician but I’m not a cardiologist, I don’t do cardiac caths, okay? So we cannot, we read a report but we’re not experts in the area of toxic waste management. So we have to reply on the recommendations from the EPA and also from the Georgia Department of Natural Resources. When they tendered that report in late January I think that report should be available to the Commission and that information along with the report that we can use that information to make a decision, to come up with some kind of plan of action as to what we need to do. I mean, and um, we will do whatever we can to um, to facilitate some kind of resolution to this thing cause it’s been over ten years. So the residents, the commission, the EPA um, the you know, the natural resources, whatever we need to do to kind of facilitate and try to be abreast of this will do. Mr. Mayor: Well, I will tell you we appreciate your report and I think you’re exactly correct. It’s gonna take all of us working together to get this situation resolved and it has been far too long. Commissioner Williams. Mr. Williams: Thank you, and, Dr. Youmans, thank you for your call and your conversation and for showing up here today. But uh, the reason I’ve been so adamant about this is because of the children and the seniors that has been dealing with this for a number of years. And this government knows what’s going on in that vicinity. We just didn’t come in here last week. This condition has been like that for many, many years. Uh, we had trouble even going on the site to try to find out how bad it really was because the owner wouldn’t even let us on and I though EPE, and EPD would have this magic wand that they could walk on the property and do something. They even had to get permission to even go on there and I really don’t understand those, you know those entities but my point is, when they came back cancer causing uh, to the extent that the reports showed us and how bad it really was and we’ve been knowing it. I can’t say we can sit here and wait another year or another six months or really another day. And I 34 know there’s some processes, there’s some things had to be done. But when you talking about affecting lives of people are dying from illnesses and cancer related diseases that they don’t know where it come from and people are contented to spend money, I know some people think it’s a get rich quick scheme, they can sell property now. All kinds of wheels are turning, all that kind of stuff. But I’m worried about the people that are living there and been living in there all this time. And for some it’s gonna be too late. Even if they move they’re still already got infected and I don’t think we’re addressing those issues and that’s why I asked you to come. Dr. Youmans: But there are some specific things that we can do and I mean uh, Mr. Allison can speak, you know, we can get lead levels on the residents and there are some other things that we can do within our venue from the public health inspector to assist but I think the major role we want to do now is just to let the public know that we’re advocates of that community and that we will do whatever’s within our power to try to facilitate this process and keep you abreast of what’s going on. And a bureaucracy can also be a nightmare cause you’re in government. We’re in government too. But we will do the best we can, and that’s what we’ve been doing since that call last week, is trying to find out at least, who the contact person was at EPD. It took a while for us to figure that out and we finally got him on the phone and had a long conversation with him this morning. My environmental health guys, they’ve been on it too, so um, you know, we’re here to support the commission, we’re here to support the residents of this area so um, anything that we can do um, Commissioner Williams, you have my cell phone number. He knows where my office is. If I can’t be reached, he knows my assistant. She can contact me. He can track me down anytime he needs to talk and anything I know I will share with him so um, he knows that we’re on his side and we’re on the resident’s side too. Mr. Mayor: Commissioner Smith. Mr. Smith: Thank you Mr. Mayor. My property adjoins the Hyde Park. Gordon Highway and Horton Drive and we’ve been there forty years and um, have a pump to drink well water all these years and I’m certainly concerned if there is a problem and if you could copy me with anything that you have, I know during the last, at least the last twenty years, there’s been a lot of tests that have been made there and surely we could use some of those tests in what we’re trying to find out. And uh, if we could and I’d like to have a copy of it if you could, just give it to our clerk here. Dr. Youmans: Whatever reports that we get, and we’re just gonna stay on them to make sure that something’s getting done and we’ll give that back to you. But I’d be happy to share with you that um, EPA or EPD contact because he’s the resident expert for the Hyde Park situation and they’re the experts and they can tell how valid you concerns are about your property where it’s located and that sort of thing. Mr. Smith: Thank you. Mr. Mayor: Commissioner Cheek: Mr. Cheek: Mr. Mayor, I guess I’m somewhat comforted to hear the comments today but my concern is, like so many things, it’s taken years to do the Brownfield on the Goldberg site. 35 We still haven’t got a path forward on it yet. We’re dealing with EPA, EPD and several entities there’s a lot of speculation currently in the public, we need information and we need uh, basically a team work or some type of thrust with a team, a board, a panel, some type of group of individuals that are gonna consistently meet, discuss the map, develop the map. There’s a lot of things we can do with the Lyman Dover plan, overlay it over Hyde Park to identify the homes, the owners, the property values, overlay the hot spot map where the contamination is the worse, maybe look for chronic health effects from exposure to lead and arsenic and the other things that are in or above or below the ground. But I’m concerned that we, we do need to have a, a committee formed that will take this, like we have Lyman Dover and so many of the other areas for economic redevelopment and work it through to a conclusion, making sure that everybody is plugged in and that we don’t miss any steps with letters going to this agency or responses that don’t come in or inconsistencies with all the agencies working, but maybe not working to the same conclusion. So I would just uh, like to see perhaps under engineering services or public safety, or Mr. Mayor, you appoint a panel composed of representatives from these different groups to chart a course for getting Hyde Park one, um, the people out of the areas that are affected and two, to cleaning it up. Mr. Mayor: A coordinated effort. Mr. Cheek: Yes, sir. Mr. Mayor: Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. I agree with Commissioner Cheek but I guess my first priority is to know uh, who do we go to and I know Dr. Youmans’ done told us that the EPD, EPA uh, is looking over reviewing it. But if this is as bad as the report says it is, there ought to be somebody, whether it be the President of the United States, whether it be the Mayor, whether it be the commissioner on this panel to say hey, this is serious and we got the report and we can tell. We’re talking about uh lead. We’re talking about cancer causing stuff. Now this report was really detrimental to me and I’m just an everyday person on the street. But there ought to be somebody that ought to sound an alarm and if it’s not an alarm then they need to tell us well, you don’t need to worry about it. They’ve been there twenty years and they’ll stay another twenty years before something’s gonna happen. We can’t wait, I don’t think, we can afford to wait until another person dies and say well you know it’s really bad but we didn’t. So it’s not on you Doc, I’m, I mean you’re here, but I’m preaching to the choir I know, but somebody’s got to tell me something about this situation that either is, it’s as bad as the report says or it’s not as bad. And if EPA, EPD, the Federal Government, somebody in Atlanta the clerk need to call, we need to go see, the Mayor need to get on the walkie-talkie with, somebody need to tell us something. And, and this thing been going on for a long period time and it ain’t something we just dreamed up. People been suffering over there for many, many years. And you talking about drainage, there is no drainage. The water just soaks into the ground whenever, and it runs all over that community. And it always has. It’s never had any sidewalks, no curbing, no drainage. So I got no doubt that the area is like the report says, but somebody smarter than I am ought to be able to look at it and tell me well you ought to be worried or you are not to be worried. 36 Dr. Youmans: I think that, you know Commissioner Cheek’s idea about just having a committee that established by the commission but have people on this committee that are experts in the area of environmental health whether its engineers, our environmental health people serving as facilitators and of course um, we communicate and I’ll do whatever I can um, and we have, I mean we’ve been on the phone um, communicating through email, we’ve gone to the site, we’re reading and reviewing so if we will be happy to serve as facilitators um, to try to come to some resolution but once we have the evidence, we need the report from the experts to say what is what. We can’t give that to you because that’s not our area. But once we have that information from them, then it’s gonna be the county, the federal government and the state that’s gonna have to decide what is gonna be done and we can do whatever we can to get you to that point but then the decision will have to be made based on the evidence that’s there. Mr. Williams: Can a health screening be done? Excuse me Mr. Mayor, can a health screening be done and the process now to say --- Dr. Youmans: Lead and that sort of thing? Yes. Mike, you want to comment about. He wants to know if a lead screening can be done. Mr. Allison: Yes sir. We can screen for lead levels --- Mr. Williams: Could you come to the mike so we could --- Mr. Allison: Yes sir. My name is Michael Allison. I’m the environmental health specialist here in Richmond County and there’s certainly uh, we could screen for the blood, for the lead levels in the blood of the children in that community. This is one of the preventative services that we provide, that the health department provides. Um and again, um well we’re certainly concerned about the health of the people there so we will get them into contact with any of the folks who can provide services to them. Does that answer your question? Mr. Mayor: Yes sir, and I’m, what I’m gonna do is, Fred, I want to hear from you but I also I would like to get together with ya’ll and establish an appointment so that we can put together that committee and just, you can help give direction as to who all needs to be on it. If not, we’ll take the lead role on that. Mr. Russell. Mr. Russell: Mr. Mayor, members of the commission. It’s good to hear the Doctor speak because we had our people, per your instructions last week, make those same phone calls there basically. And we’re getting similar information from the feds and from Georgia at this particular point in time. We anticipate just as she does, getting some expert advice sometime, we got earlier in January as opposed to late January but you talked to him since we did. I would suggest that you let us work together to make sure that we continue to push forward with this, to set up the screenings and stuff, if the Doctor feels that’s appropriate, I’d like to work with her on that too. But we’re all aware that this is a problem that’s gone on way to long. We need to bring it to a head and determine whether or not what our next course of action is. Our environmental staff has been talking to EPA and EPD as have they and I think that we finally, not that we finally got their attention but I think they are aware of our high level of concern here at this 37 particular point in time and would like to continue to push them to get us an answer as quickly as possible. Mr. Mayor: Thank you. Dr. Youmans: I’ll leave my contact number card. Mr. Mayor: Please, my executive assistant is sitting right through that door and you can give her all the information. Mr. Williams: And also the Clerk as well for those commissioners who may wanna, wanna contact uh, uh Doc. Mr. Mayor if I can make one last point. Mr. Mayor: Mr. Williams: Mr. Williams: The screening, the health screening that uh, for everybody in that area that needed that, what do they need to do? Do they need to come to the health department, will you go out there, do we have a team --- Dr. Youmans: Yeah, you can but I’ll tell you what. Why don’t you just call my office and then we’ll talk about it and because we’re talking about a large area and we’ll develop a strategy for how we do that. But um, you’ve got my number, it’s 706-667-4250 and I’ll leave my card Mayor, with your assistant --- Mr. Mayor: Thank you, ma’am, and thank you for your help and for your report. Commissioner Cheek. Mr. Cheek: Mr. Mayor, I’m just gonna say I’d like to volunteer to serve on the committee and uh, I know OSHA has well documented exposure limits for this type of exposure to heavy metals and so forth and it’d be interesting to see the levels that are currently out there as how they compare to those exposure limits and Mr. Mayor, one of the things I understand is there’s a lot of rental property out there we may have to consider some mode that once we relocate the people that we don’t see those properties reused for residential purposes uh, and go ahead and work towards clearing them out rather than seeing them recycled for people who may not know that there’s a problem out there. Mr. Mayor: Thank you for your offer to serve. Consider yourself on the committee. Commissioner Harper. Mr. Harper: One quick question. Um, once we get all the document data in, I think you know, that’s my colleagues district and I know the residents out there uh, you know, want us to get on the fast track to try and get them some relief and I agree with them, but the school that used to be there. Will there be any kind of tracking of the students who went to that school prior? It had water running through that school. Dr. Youmans: Well, we can look into that. 38 Mr. Harper: Right, cause that’s the area I think we really have to look into because the kids that were using that school and the contaminants that were found not only in the dirt but what they say, they could be possibly in the water, all the kids, all the schools have water fountains in them and that’s my main concern that we got some kind of tracking system in place. (Unintelligible conversation) Mr. Mayor: Yes, sir. Commissioner Harper and other commissioners, I took the time to do some certain, look up some case studies on situations like this throughout the nation and there are a lot of them so with regards to coming to um, a solution to this situation, this has been done in other places and we can do it here so, I think the best step forward is a coordinated effort starting and putting a committee together immediately. So thank you all so much. Mr. Williams: There’s something he’s wants to say, Mr. Mayor. Mr. Mayor: Yes, sir. Mr. Speaker: The only thing I wanted to say was as far, according to the report uh, it was the only promise was water that they had was uh, two wells on the Goldberg, on the former Goldberg Brothers site, uh, but I do believe that uh, the school would have been on public water and so therefore any of the water in that area would not be a concern because the children were not drinking the ground water. They were not drinking well water. They would’ve been drinking uh, uh city, the same water you and I drink. So I don’t think that would really be a concern --- Mr. Mayor: Mr. Hicks, could you speak to --- Mr. Hicks: Those children were not drinking any water from any wells on those sites. They were drinking water put into the distribution system either from the uh, well at that time it would’ve been Richmond County or Highland Avenue plant or now they’d be drinking water from the uh, new plant on Tobacco Road so, they’ve never been drinking water from any wells on any Goldberg site or anything. Mr. Mayor: Okay, thank you, Mr. Hicks, and thank you all. Commissioner Williams, thank you for putting this agenda item on here. Mr. Bowles: Motion to receive this as information. Mr. Williams: Second. Mr. Mayor: We have a motion to receive as information. We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Motion carries 8-0. 39 Mr. Mayor: Madame Clerk, do we have a representative from Planning and Zoning to get back to 32? The Clerk: Yes, sir. The Mayor: Bob. Welcome back. Mr. Austin: The Planning Commission felt that the property on Wheeler Road was too small for a Personal Family Care Home. They were concerned that the visitors, or the patrons of the Family Personal Care Home would have to back out onto Wheeler Road uh, and ya’ll know that this a heavily traveled part of Wheeler Road um, so they didn’t feel like it was a adequate place for a Family Personal Care Home. Mr. Mayor: Thank you, sir. Can we have the petitioner speak? Ms. Baxter: I had ya’ll and engineering to come out like I said, I had you all in there, engineering of Augusta to come out and they wrote, they planned out the driveway and they don’t have to pull out, back out into the road. The way it’s set up they would not back out into the road. Mr. Mayor: Okay, do we have somebody from engineering? Ms. Baxter: She gave the original paper but I have this letter and, from them. And keep in mind, personal care homes, none of the people are driving. Mr. Mayor: Okay, we do have a representative from the engineering department. Mr. Oliver: This is your area. I’m not familiar with. We have a request. When people want a driveway they request that comes in and we go out and review it. What I need to do is go down and speak with Tom Adams to see --- okay again, this is my first of hearing this and um, I’d like to do a little further information study on this to see exactly what is going on and what is the issue at hand. This is handled through our driveway section of our department and uh, if I can get some further information to what is actually taking place, maybe I could answer the question. Mr. Mayor: Commissioner Williams. Mr. Williams: Thank you Mr. Mayor. Um Bob, I think the reason for the denial was because they had to back out into the drive, into the road. With this new piece of document that they have to conform to, would that satisfy the widening of the driveway and the turnaround I guess is the position there. Mr. Austin: I’m not real sure, Marion. The front yard is so small, I guess it could be done and that would probably satisfy some of the concerns. Mr. Mayor: Commissioner Brigham. 40 Mr. Brigham: Mr. Austin, do we have any objectors to this project from the planning and zoning meeting? Mr. Austin: No, sir. Mr. Brigham: Okay, I’m gonna make a motion we refer this back to planning and zoning. Obviously we need to have their input into what’s going and have it sent back to us. Mr. Cheek: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Mr. Williams: Mr. Mayor, that’s not gonna cost us uh, this taxpayer again, it’s not gonna be another fee, it just go back through the process and it would be able to share what she’s got, right? Mr. Mayor: Okay. Correct. Ms. Beard are you --- Mr. Harper out. Motions carries 7-0. Mr. Mayor: Are those pecans you’re eating or what are they? Mr. Cheek: They’re actually chocolate covered pretzels. I’ll be happy to share them with anybody --- (LAUGHTER) Mr. Mayor: No thank you but in the sharing, giving season. Next agenda item, Madame Clerk. The Clerk: ENGINEERING SERVICES 36. Discuss solid waste billing system. Mr. Mayor: Mr. Johnson. Mr. Johnson: I come back before you today to talk about a couple of items and hopefully get some resolution moving forward. Is, I come to you two weeks before the new year and do not have a clear and defined path forward on how you want me to bill for the next year. I had Ms. Bonner hand out a couple of handouts, the first of which is the resolution which defines solid waste which was approved by the commission a year and a half ago or there abouts. And, in it, on the third page, item number four, it was the approved that the director of solid waste is hereby directed and authorized to establish a billing system for the collection of fees for solid waste service. I just wanted to bring that back, and let you know that we had already pointed us in a direction and now we’re back, and when we came for funding we don’t have one. The 41 second piece of paper that I brought you is our recommendation and while we can see along the way, there is no perfect plan in here. We’ve evaluated taxes. We’ve evaluated water bills. We’ve evaluated a whole series of ways to accomplish this goal. I still come back before you believing that the best approach to this is, is independent billing. And we’ve discussed pros and cons to this. I would be happy to read, discuss those pros and cons. But today just as a whole, this would be our recommendation. Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, we’ve sent staff packing on several occasions to work miracles to come up with a perfect plan and there is no perfect plan. But we all have feelings about the way we think it should be done, our professional staff has come back with this proposal as I’m something that will solve this problem. We’ve kicked it around now for over two years. gonna make a motion that we concur with the recommendations of staff and support them in implementing this plan. Mr. Smith: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioner Brigham. Mr. Brigham: Mr. Mayor, I’ve received several communications from my constituents and every one of them have been favoring leaving this on their tax bill and until I’m instructed otherwise that’s gonna be my position by my constituents and I happen to agree with them. I think the best and most efficient way to do this in the long run is off of the tax bill. Mr. Cheek: Can we get a motion to that effect? Mr. Mayor: Commissioner Smith: Mr. Smith: Mr. Mayor, we met with uh, Mr. Williamson this week and if he’s still here, could he speak to that? Mr. Mayor: He’s here. Mr. Williamson: Mr. Mayor and gentlemen as you, and ladies, as you know we’ve collected the solid waste charges on the tax bill since 2001. Uh, part of the problems we have is, is this is not a tax. Therefore presumably if someone pays their bill and leaves off the solid waste we cannot force collection because we have no means by which we can issue a judgment for that fee because it’s not a tax. Uh, there should be a better way to enforce that collection in a more timely fashion. As you know the county operates and pays the garbage collection people for ten months of the years before they collect a dime. This is reverse financing, I just, I don’t understand the principal behind that, I mean, it just means that somewhere along the line we’re borrowing money from somebody to pay these people until the money starts pouring in from the tax bills are paid. It’s created quite a problem with escrow companies because we keep readjusting the fees and adding and subtracting fees and escrow companies don’t know what in 42 the world to do next. As you know, about one-third of the real estate parcels in this county are escrowed. And it’s just been a fight. As a matter of fact, if they pay a tax bill and then we try to add on the solid waste they won’t pay it. I’m sorry but it’s just, you know it’s not a tax. They’re not gonna pay it. So collection is very difficult and we’ve had reasonably good success but we, we just don’t think that’s the proper way to collect these fees because as I said, it’s fine on the tax bill but it’s not a tax and we can’t force it. Mr. Mayor: Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. North, the old city, it was rumored that the old city didn’t pay tax and the county had to pay but they was paying tax and how was that done in the old city, in the old days when we had our own garbage trucks, when we had our own garbage men picking the garbage up and did a good job but, how was that collected? Mr. Williamson: It was included in the mill rate. It was part of a mill rate in the city district. Mr. Williams: Then everybody paid that mill rate whether they had --- Mr. Williamson: In the city they did, yes. Mr. Williams: In the city. Mr. Williamson: Yes. In the urban district. Mr. Mayor: Commissioner Brigham did you --- Mr. Brigham: Yes, sir. North, are these escrow companies that are eliminating the trash fee, are they also eliminating the street light fees? Mr. Williamson: No, and I don’t want to mislead you about saying their eliminating them. What happened was, we had many cases where we had to add the garbage fees to a tax bill because they weren’t initially on there. Those are the ones we had trouble collecting because they --- Mr. Brigham: Those are the ones we’re having trouble. It was something on our side? Our department side and the information they gave ya’ll, where we’re having trouble collecting. It’s not on the escrow accounts, management side. Mr. Williamson: For the most part if it’s included in their initial bill that we send to the escrow company they will pay it. Mr. Brigham: That’s all I needed to hear. Mr. Mayor: Commissioner Cheek: 43 Mr. Cheek: Mr. Mayor, just to add to the comments on the old city. We had a lot of houses that were paying a hundred dollars, for instance, in taxes. And that was including fire, lights and trash. We weren’t covering cost and that’s one of the reasons the city had financial problems, it was providing a service um, for a fee that did not cover the cost of performing that service. This, this government needs to move to one fee for trash collection from one border to the other and we can kick this around like we have done for the last two years, we can continue to run this not like a business in the red, or we can bite the bullet. My surveys of the people I’ve talked to, is you have roughly 50/50, keep it on the tax bill or go to a billing system. You know it’s like a speed bump in a neighborhood. You’re not gonna make everybody happy. So we have to get back down to what makes sense in running the business of government in a cost effective manner and allows us to have the money in the bank to pay the people instead of going continually in the red, to utilize collection agencies for those that don’t pay, but to run it as a business. After all we are the officials in charge of running this city in a cost effective and prudent manner. So public opinion, phone calls, sometimes we just have to lead and the direction that we should use as our compass, needle in our compass, is what makes financial sense and is a best practice utilized throughout this country and a billing system is it. Staff has recommended it and, do we have a motion to do that? I think I did, I don’t think --- Mr. Mayor: I think we’ve got a --- Do we have a motion and a second? I believe so. Mr. Cheek: We’ve got a second. Mr. Mayor: Okay. Commissioner Williams. Mr. Williams: Two things Mr. Mayor. I guess the first thing is, did we adopt this North, what power what way would we make sure people pay cause you’re saying that they’re not paying and if we put it on the tax bill, so what’s gonna make this have a big hammer to it that we can stop the trash and let them take it down the road and throw it out, I mean, tell me what, how’s that gonna --- Mr. Williamson: I’ll have to defer to Mr. Johnson. Mr. Mayor: Mr. Johnson. Mr. Johnson: In talking with, with county attorney, it basically provides us with the same latitude that the utilities department has. We can utilize a credit collection agency, which utilizes the court system. We can, which also impacts people’s credit. We also, though because it is a municipal service, can bring it back and apply a lien against that property. So we have several avenues to utilize where even just the tax office utilizes a lien process correct? So it actually gives us more flexibility in how we collect the money in the existing system. Mr. Mayor: Put some teeth in the collection process. Mr. Johnson: Correct. 44 Mr. Williams: Mr. Mayor, I think. Excuse me. That’s good but the only thing I see is that, I’m gonna trust you I’ll see you again cause you gonna have to owe to, gonna send to the collection, their credit already bad uh, you aint’ you know you gonna stop the collection, stop picking up uh, I wanna help. I wanna vote but I wanna make sure that we’re doing what, what is best for the community. Mr. Mayor: Okay, we have a motion and a second. Commissioner Hatney. Mr. Hatney: Mr. Johnson, what um, in conjunction with what Commissioner Williams just mentioned and it’s gonna happen. What’s in place to handle this cause it’s gonna happen. Mr. Johnson: There’s actually two things and possibly three. Number one is thus far, when people don’t pay their taxes we still pick up the garbage. So, and this body has already directed us to keep the city clean and so we would have to evaluate collectively amongst us, but we know that we’re going to have a percentage of bad debt. I would still probably come back and say pick up the garbage because effectively we as citizens and we as taxpayers, are gonna pay it, one way or the other. We’re gonna pay a crew to pick it up beside the road or in front of the house. I choose in front of the house. And so that’s a cost that the city bears one way or the other. It’s easier to pick it up in a residential collection program. Number two, is we currently have a marshal’s department that does enforcement on the litter. We could actually upgrade some of the ordinances to allow them a little more latitude in the enforcement of litter within the county in conjunction with our code enforcement officers. So one, I would say don’t stop picking it up if they don’t pay just consider that a cost of doing business, number two we could upgrade some of our ordinances and use the law enforcement that we have in place to enforce, you know those people who do take advantage of the system. Mr. Hatney: The main thing we need to make sure that the garbage is gonna be picked up. Mr. Johnson: Correct. Mr. Hatney: You know you can sit here and talk all you want and it doesn’t pay one folk I don’t think you’re gonna pay somebody else. I’m not saying that folk don’t pay on his debts. That’s not what I’m talking about. But if you’re gonna keep the city clean try that other stuff before we talking about, and you’ll have trash everywhere. We really don’t want to go through that again. Mr. Johnson: Yes, sir. Mr. Hatney: And I’m just wondering how with the process you’re talking about will and different from the one we using currently where the services are stopped because of a lack of payment. And you say you don’t do that, is that what you’re saying? Mr. Johnson: We don’t the stop the service. Mr. Hatney: Don’t stop the service. You know I got a mind to don’t you. I won’t say it. 45 Mr. Mayor: Okay, I believe Commissioner Brigham has a substitute motion. Mr. Brigham: I’m making a substitute motion that we leave it as it is and continue to collect it in the tax bill. The Clerk: Leave it as it is and continue to collect in the tax bill? Mr. Brigham: It would be collected in the tax bill. Mr. Bowles: I’ll second it. , Mr. Mayor: Okaywe have a substitute motion and a second. If there’s no further discussion, commissioners will vote on the substitute motion by the substitute sign. Mr. Smith and Mr. Cheek vote No. Ms. Beard abstains. Motion fails 5-2-1. Mr. Mayor: Okay, the original motion was to approve. We have a motion and a second on that. Commissioners will now vote by the usual sign. Mr. Brigham, Mr. Harper, Mr. Williams vote No. Ms. Beard and Mr. Hatney abstain. Motion fails 3-3-2. Mr. Mayor: Mr. Russell did you want to --- Mr. Russell: No, I don’t wanna say anything. Mr. Cheek: Can I say it for you? Mr. Mayor: Mr. Cheek, we voted on it but I know what you’re gonna say, we are here again and we’ve given no direction to the staff either way. Mr. Cheek: This is totally irresponsible direction that this commission has taken in this particular issue. It’s time to man up or woman up on this situation and get it done. Now this is the recommendations are here from staff, this is the best practice, practiced across the river. Mr. Mayor: I understand and we’ve given staff no direction. Mr. Cheek: $4M in the red. Come on ya’ll. Mr. Mayor: No action taken. Number 37. Let’s go ahead and address this one and vote it up or down. 46 Mr. Cheek: Mr. Mayor? Mr. Mayor: Mr. Cheek. Mr. Cheek: Mr. Mayor, the consolidation bill requires the appointment and I’m not against --- Mr. Mayor: Let Madame Clerk read the uh, we are on agenda item number 37 now. The Clerk: SUBCOMMITTEE 37. Motion to approve recommendations from the Law Study Subcommittee relative to filling the positions of General Counsel and Staff Attorney. Mr. Mayor: Now Mr. Cheek. Mr. Cheek: Thank you Mr. Mayor. The Consolidation Bill calls for us making the While I’d like to receive this determination for Legal Counsel at the first meeting in January. as information and I have no problem with the transition, that we allow this to be received as information and that we make this decision as called for in the charter um, first meeting inJanuary. Mr. Smith: Second. Mr. Mayor: We have a motion and a second. Any further discussion? Commissioner Hatney. Mr. Hatney: Yeah, my colleague Commissioner Cheek, and he’s right um, but the and I’m not here to argue the point but the charter mandates a law department effective January 1, 1996 and um, this is not, the law department and attorney of the city is not quite the same thing. I don’t have any problem but it’s not the same thing at all because we have uh, but for ten years now this body has not complied with the mandate of the charter and I’ve been talking about you guys and ladies alike since I’ve been on this panel that mandates particularly when the general citizen is involved is that which we come familiar. And I’m not sure how we got around this for ten years. So that’s, that’s my concern is that and it’s not going in, we need to do this. We waited ten years, we’re down here on the eve of this and uh, it just hurts my heart that we’ve worked this long, this hard to achieve this and we’re down here now saying we’re not gonna to vote on it until, or not gonna put this in place until the first of the year. I just don’t um. I have some misgivings with that. Mr. Mayor: Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. Traditionally we have been voting on the attorney the first of the year, however that’s not what the charter calls for. We’ve been doing it because we didn’t have an in house attorney. We’ve been voting on legal counsel at the first 47 meeting. Legal counsel now has been on a month to month uh, we have known what the charter has demanded that we do, we looked past it, we looked under it, we looked around it. We’re at the door again and we still wanna close it. We know that that’s something we’ve been talking about, we’ve been working on, we’ve had people come in Mr. Mayor, I’m gonna make a substitute motion that we approve the two names that stated here and that we give a six-month minimum and a maximum of twelve-month transition period so that Mr. Shepard can transition whatever information and whatever he’s got to do in that same format that we did with Mr. Wall. But now we, this ain’t going away, I mean we might as well face it today and do what the charter has asked for us to do. We got two candidates and those candidates ought to be affirmed with the reassurance that they’re on a twelve-month probation themselves Mr. Shepard, that if they don’t and they can’t perform the duties, that we need to get somebody else. So I make that as my substitute motion whether I get a second or not Mr. Mayor, we go ahead and do what we’ve been tasked to do here and put that six-month minimum and twelve-month maximum transition period. Mr. Hatney: I’m gonna second it. Mr. Mayor: And I would just like to speak to this issue. I served on the committee that Commissioner Hatney chaired and so I’m in agreement that this is something that you know, the committee has fulfilled its work and brought forth the candidates and I think that we as a committee and I believe as a body are all in agreement that we need to pursue in-house legal. Commissioner Bowles. Mr. Bowles: I’d just like to ask the uh, parliamentarian. The charter calls for a law department. Does it define law department and how many other attorneys would be in that department? Mr. Mayor: Mr. Shepard. Mr. Shepard: Well, I have pulled, if I can answer your question in this fashion. I have pulled the statutes of the county attorney and the county attorney is in another statute of local application and that is uh, a statute that which was not repealed by the Consolidation Act and it is the authority under which I have served for the past three years, it’s the authority under which Mr. Wall served in the past. The uh, laws of local application also authorized additional attorneys to be employed and the law department, you’re right, is a creature of the charter and it is um, I had it marked, but um, we were to have I believe, two attorneys and one senior attorney. At one point up to that level and now we’re down to just one. I’ll quote that for you as to the county attorney and for the law department in just a minute if you’ll give me a chance. Mr. Hatney: While he’s looking. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: While he’s looking. The law department of this full body entity, general three staffs and that’s not to say someone will not be needed but our charter that we are, there’s a lot of things that the charter did not speak to but it does mandate that there be in place a law 48 department and uh, it just overwhelms me that our attorney chose a call to the preacher but this is a mandate of our charter. Mr. Mayor: Mr. Shepard. Mr. Shepard: Thank you. The charter states that commission shall create a law department to employ one of more full time attorneys and have clerical assistance where appropriate so that’s the answer. But it is not mutually exclusive with the county attorney. Mr. Mayor: Mr. Smith. Mr. Smith: Thank you, Mr. Mayor. I’m in favor of a law department but I don’t see any back up materials in here about salaries and other things that I think are pertinent to this particular agenda item. Mr. Mayor: Commissioner Cheek: Mr. Cheek: Mr. Mayor in, again, not to belabor the point but to remind the body that the authors of us being here today are Marion and I, who started this seven years ago and I support the change in the time when six, at least six of us stood together to follow the law. But, we’re often on staff for hitting us with stuff and the last minute. This could’ve been included in our backup. Commissioner Smith mentioned salaries and stuff. This is not enough information on the plan to make me feel comfortable. All I’m asking for is two weeks worth of time to put that information, it’s apparently all ready uh, been discussed and condensed and a plan developed. Put it into an executive summary and provided um, bring it back first meeting and I’ll vote for it. I don’t think that’s too much to ask and it’s certainly consistent with what we expect the staff or any other committee that comes to us is just put it in the backup, allow some time to digest this, to ask our questions and then vote on it. That’s not unreasonable and I think certainly as the author of the law department in this city made the motion to start this ball rolling seven years ago I think that’s not to much to ask. Mr. Mayor: Commissioner Beard. Ms. Beard: Mr. Mayor, I think we’ve gone through the process on two different occasions in reference to this law department and it was mandated ten years ago. Now something needs to come to a head. This government could be censured. Or, maybe we could take it before the legislative delegation when we meet. But we should not continue the process as it is and uh, Attorney Shepard was a part of bringing this together. And you say you don’t have the cost or any of those things. Well, three years ago or, and I may not be absolutely certain, there was a consultant who came in and laid out the entire plan and it is there and it is available. Um, Madame Clerk, wouldn’t you have a copy of that? Has it been passed to uh, the chairman of this committee? Everything really is in place. It is something that should have been done a long time ago. It would not mean that our Attorney would be leaving tomorrow it would be a year, probably. And it is something we need to move forward on. 49 Mr. Mayor: Okay, I have recognized you twice but as chairman of the committee I will recognize you one more time. Mr. Hatney: I’m not trying to prolong the time but uh, I would say that I charge from the Administrative Services Committee there was to put in place these individuals. Um, the office or director he did that, that individual is in place. The, we were asked whether or not we could do this within the budget of the law department and looking at that volume of what you would have to work with, I’m certain we can. The other part that concerns me is that as far as a plan is concerned of the particular of the transition plan, they have to be worked out between the, Mr. Shepard and the general attorney and the reason I put this together, maybe I shouldn’t have written that up I should’ve just brought two names, but I was trying to be as uh, as sensible and as plain as I could to include a transition period which was asked for or was requested by several of my colleagues. So we tried to include that. And the other thing, if you’ll notice that it does say, that it also suggested that sub-committee be contained through the process with and meet with the general and Mr. Shepard bimonthly and report back to the Administrative Committee the progress of the transition process. And this is gonna take time. We already know this. But I think this concerns me that we’ve already skipped ten years and I hear Commissioner Cheek when he says he’s the author of the last seven years and I appreciate that. But, personally I’ve done, we’ve done what we were tasked to do, that was to bring forth these individuals to man these particular slots and that’s what we are doing today. So we’re not doing anything we weren’t asked to do or weren’t expected to do and basically we’ve done the very best we could and um, the other information back there talking about, I’m not sure I know what it is because we mentioned in committee when we talked about that somewhere, might not have been committee, but we talked about the transition process and it was my concern and my belief still that that has to be developed between the two folks that’s got to do the transitioning. It cannot be done between commissioners because we don’t practice law. At least I don’t and that’s the thing and the process itself will not begin until uh, the other attorney’s are in place, particularly the general attorney and then that process will begin. We’re talking about a period and Mr. uh, Commissioner Marion Williams suggested a minimum of six not more than twelve. That’s basically what we’ve said here, that we said three but no more than twelve. Even at that, that has to come, it has to be an extension on that, it has to come back before this body and I think we’ve done the very best we could with what we’ve been asked to do. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Mayor, I believe we do have a law department that meets the qualifications as stated in the charter. We have a staff attorney and therefore we have a law department and we have had it more than a year. We’ve had it more than three years. We’ve had it more than four years. We do have a law department that meets the qualifications as defined in the bill for a law department. Mr. Mayor: Okay. Mr. Brigham: This is ridiculous. 50 Mr. Mayor: Well, let me just say and please, you know, keep it toned down, that we’re either gonna vote this up today or we’re gonna vote it down. Either way I would say that this, this issue was debated in the last round of committee meetings. I would look, I don’t know that anybody’s gonna change it or vote either way today so I will recognize Commissioner Williams but then I would for us to move towards a vote on this. Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. Uh, I’d like to know what charter Mr. Brigham’s looking at because the one I looked at is totally different from what he just described. Uh we, we’ve been talking about this for quite some time. Commissioner Smith asked about the salary. Well we don’t know what the salary is for the one we got now. His bill comes in and we pay it, but we don’t have a set salary for the present attorney and he’s my friend. But if we’re gonna talk about pricing, if you gonna talk about billing, then we ought to have a bill ourselves for that one. Mr. Brigham said that we fulfilled the charter uh, with the law department uh, the law department, the charter says the law department works for this government with a salary that was for this government. But we would not be billed by the hour, or by the job or by the uh, uh ordinance that they write. We are talking about saving money. Now ya’ll wanna talk about saving money? If we do this in-house law department we will save at least a million dollars a year if not more. Now you know, if ya’ll don’t wanna vote this thing up today then we ought to say that Mr. Mayor, we ought not to be playing games and acted like we fooling the people because the general public sees and knows what’s going on. Now you might be fooling yourself but you ain’t fooling nobody out there. Everybody sees and knows what we supposed to do and what we should have done. We know we are we’re sued about nothing and the thing that we ought to be confronted and sued about, nobody addressed those issues. And it’s one sided. And it’s so obvious Mr. Mayor but this is the reason for the season. Now this is Christmas time here, we getting close to putting the lights on the Christmas tree, but we need to go ahead and do what we’re supposed to do or we don’t need to have this position. Now it’s just as simple as that. So, we gonna vote it up or down today Mr. Mayor, it’s coming back next week, the next commission meeting anyway, we don’t vote it up or down today so, and it’s gonna stay on this agenda. Because it’s time to do what we should’ve done ten years ago and we keep turning our head acting like we don’t see it. And we need to tell the people how much money we’ve been spending and how much money we can save with and in-house department that works like every other department head that works in this government. And we had not done that. And if that’s a lie, somebody needs to show me where the lie is. Mr. Mayor: Okay. Commissioner Hatney, I’m the chairman of the committee and I’ve discussed it. I think that there’s a general unreadiness to vote on this. I don’t think we’re gonna reach resolution on this. I would like to see a motion either to table or to move to the next full commission meeting. Mr. Brigham: You’ve got two motions --- Mr. Cheek: The original motion --- Mr. Mayor: Okay, we’ll --- 51 Mr. Cheek: It was to move it to, what is in essence the next full commission meeting which is the first of the year. Mr. Mayor: Okay, we have a substitute motion on the floor. Is there’s no further discussion, commissioners --- the substitute motion is by Mr. Williams to approve. I believe Commissioner Hatney seconded did you say? Okay. Commissioners will now vote by the substitute sign. Mr. Brigham, Mr. Smith, and Mr. Bowles vote No. Motion fails 5-3. Mr. Mayor: Okay, the original motion is to move it on to the next full commission meeting. Commissioners will now vote by the usual sign. Mr. Harper and Mr. Williams vote No. Motion carries 6-2. The Clerk: ATTORNEY 38. Renewal of Pinetucky Lease. Mr. Mayor: Mr. Shepard. Mr. Shepard: Mr. Mayor, Mr. Grantham couldn’t be here at this time and he asked that I bring this matter forward. The Pinetucky deed and tract purpose is a non-profit organization that occupies a portion of the area that is not in the active landfill area but is on the landfill site. The proposed lease will move it to an area that will be the last part of the landfill developed, as I understand it. This is a non-profit public supplement to recreation here in Augusta and uh, it’s uh, basically, a lease that shows the authority for them to be there by only charging them a dollar a year but they really provide a recreational service to the entire community. And the lease is up and I am recommending renewal along the same terms that the previous lease was in. Mr. Cheek: So moved. Mr. Mayor: We have a motion. Is there a second? Mr. Brigham: Second. Mr. Mayor: We have a motion and a second. Commissioner Williams: Mr. Williams: Mr. Mayor, uh, I’d like to know how much land we’re talking about in this process. Mr. Mayor: Mr. Shepard? 52 Mr. Shepard: Mr. Williams, since it’s part of the landfill it’s not valued. Mr. Williams: I don’t want a value, I wanna know how much land, how many acres, how, how long we been doing it, I guess, and I’m not opposed, I just need some information. I wanna know --- Mr. Shepard: I understand and I put, I put the previous leases in the backup materials and also the uh, the site acreage is in there as well and --- Mr. Williams: And this is a non-profit agency you’re saying that’s, so they don’t charge to go on this property. Anybody’s that’s not making any money goes to go out there and use this property is, it’s free to the public I guess that’s what I’m asking. Mr. Shepard: It’s open to the public. Open to the public. Yes sir. Mr. Williams: But is it free. Is it different than open and free now, you know the store is open but it ain’t free. Mr. Shepard: Yes sir, the uh, it’s a Tract A and Tract B, 25.38 acres and Tract B 26.75 acres. Mr. Mayor: So a little over 50 acres. Mr. Williams: Open to the public, free. Mr. Shepard: Well I have a shot out there, maybe half, but it’s open to the public sir. Mr. Williams: That’s fine (inaudible) Mr. Shepard, my point is if they’re making money off this thing, we need to be looking at if they’re making money. If they’re not making money than that’s something. That’s all I’m asking. We don’t know, I didn’t know anything about this business until it got on the agenda here. They’ve been a ten year lease, is that right –--a ten year lease. Are we renewing another ten-year lease again? Mr. Shepard: Yes sir. Mr. Williams: --- and not knowing what’s going on but the Administrator’s trying to tell us what they do how much they making. Mr. Shepard: It’s like I say, it’s a recreational service that they reside, provide. Excuse me. And it’s really a continuation of what’s been there. It’s on an area that the director of the landfill tells me is not superfluous to their operation but is a far way from the sales that will be opening in the future as they can do it. Mr. Williams: I understand all that. All that I understand, I have no problem with none of that. The only part I don’t have a answer for is was it a non-profit that’s making money or is a free, is a recreational facility that anybody can partake of and that be no cost. If we charging 53 them one dollar for ten years, a dollar a year I guess, ten dollars, and they are charging, making money than I think we need to look at something else than charging them one dollar. If there’s no money gained, if they’re just providing a service for this community and it’s a piece of land out there, I’ve never been on it, I don’t know where it is. I don’t plan to go. But I still like to know whether or not they’re making money on this. Mr. Mayor: Mr. Shepard. Mr. Shepard: A letter was sent directly from the uh, Pinetucky Skeet and Tract club and you should have received that. I didn’t get one. It’s a matter that they are --- Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, there is a cost to us associated with this and as we discussed Hyde Park earlier with lead contamination, there will be with repeated shooting in that area substantial lead shot deposited or has been deposited that will need to be remediated at some point. I just wanted to have that as part of the record. Mr. Mayor: Okay. We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Mr. Hatney and Mr. Williams abstain. Motion carries 6-2. Mr. Mayor: Item number 39, Madame Clerk, and then we, um Commissioner Hatney has let me know that we need to revisit actually item number one if we can get a motion. That needs to be approved prior to the end of the year. The Clerk: Item 39. You want to go there first? The Mayor: Um, Mr. Shepard. Mr. Shepard: Mr. Chance is here and has been patiently waiting --- Mr. Mayor: Okay, then we’ll go to him from 39 and then if we can get a motion to approve, revisiting number one but we’ll got to 39 first. The Clerk: ATTORNEY th 39. Renewal of Lease for 4 Fifth Street. Mr. Mayor: Mr. Shepard. Mr. Shepard: Thank you. If I could introduce to you, Mr. Mayor, Mr. Mayor Pro Tem, members of the commission Calvin Chance, he’s with us today. He’s a local attorney. He 54 actually has the premises on the lease through May of 2007. He is here today because he wishes to make some improvements to the building in which to have his lease extended and Calvin, if you would tell this body about your plans for this facility. Mr. Mayor: Yes, sir, if you could give your name and address for the record. Mr. Chance: My name is Calvin Chance, I’m a local attorney and my address, my office is #4 Fifth Street. I’ve been in the premises almost ten years now. I feel like I’ve been an asset to the community having my business there. Prior to that I think the building was built probably in the late, I mean in the early 70’s. My father and I actually worked on finishing the building. He was a carpenter but I don’t think in the past any tenants been in there over just a few years. It’s had multiple tenants and I came in ten years ago and have been a steady tenant since then. The building was originally only built to last about ten years and is over thirty years old now. It’s in a dire state of disrepair. It needs some massive um, repairs. It needs, I’ve kind of broke it down into two stages. Number one, just the absolutely necessary things that need to be done just to make it habitable and then I’d really like to put some substantial funding into it to make it nice. And I would like some security in knowing I would be there for an amount of time, I would just like a renewal of my lease just as it was before. Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, Mr. Chance, this is not any slant on you but this is, this is one of my pet pieces of the property. You can’t get a loft apartment on Broad Street for $750.00 a month. The lots similarly sized in North Augusta are going for $375,000.00. This lot could be reconfigured to suit several town-homes and ought to be something the city considers selling. Uh, Mr. Chance has done a good job of maintaining the property and taking care of it, but this is a piece of property that could render significant impact tax wise by being converted over to residential property and put on the tax books one and two. We can get significantly more for the property as a residence or a couple residences. I don’t know of anybody that’s had the same rent for the same number of years that we’ve had here. I’m familiar with the lease. Have been for some time. Mr. Mayor, this is one of the properties we ought to sell. I mean it could be just as productive as Waters Edge is. It’s overlooking the marina. It’s unique. But we ought not to be in the business of leasing this property for 750 bucks a month. It needs to be put on the market. Mr. Mayor: Ms. Beard. Ms. Beard: Mr. Mayor, what is the square footage? Mr. Chance: It’s about 1300 square feet upstairs and it’s got a basement that was built after the building was built. And I’d also like to say that there’s termite infestation throughout the building. I’m right now doing some uh, facial type repairs. I found structural damage that I’m having to fix just to do it. I’d also like to say that, that six or eight months ago I did send a proposal letter to the Mayor requesting that I buy the property. I mean so would, I’d be open for that too, but my thing is right now, I need to make these repairs right now. And I would like to do is get my lease and then if you all end up selling it to me it would just make the lease move. 55 But I just need some kind of security to be able to put the amount of money that I’m having to put into it and know that I’m not, I’m going to get something back out of it. Mr. Mayor: Mr. Williams: Mr. Williams: Thank you, Mr. Mayor. And I don’t blame Mr. Chance but uh, for one to get some of that, but I wouldn’t put any money Mr. Chance if I were you into a piece of property that you don’t have a lease on naturally, just yet. Commissioner Cheek brought up a very good point. That we might be able to sell it to you or somebody else, I think, and I think Mr. Shepard might need to help me out with the process for selling city property unlike the last piece we sold Mr. Chance, but this piece here, I think there’s a process that we don’t give to somebody to telling to sell to somebody that we selling it to, just using their name. So how would that process work Mr. Shepard? Mr. Shepard: Well, I think if you’re gonna go down that road you have probably, you know, the alternative of the auction sale, the sealed bid sale. You also have uh, the alternative of selling it through a, one of our agencies which we utilized when we did the pension property. We went through the Downtown Development Authority. And uh, when we get a redevelopment plan under the Redevelopment Powers Act, we will have the authority to negotiate a private sale. So you really have three alternatives um, now, and we have um, we have Mr. Chance coming to us in advance of his lease running out. I think he wants some direction, which um, I think he’s getting. So um, if he buys it um, that would have to be coordinated with what other development this counsel thinks should be on the river. Mr. Williams: Mr. Mayor, I’m gonna make a motion we get an appraisal of the property and look at it and then get with Mr. Chance or anybody else that may be interested in before we come up here and say we gonna sell it. And, I mean, he’s talking about some termite infestation and some other damages that may be there but I’d like to know what, what the fair market value is gonna be on this property before we can sit here and say uh, that we gonna sell it. When’s his lease up, Mr. Shepard? Mr. Shepard: May of 2007. Mr. Williams: May, okay, well, we got some time Mr. Chance. That’s difficult now and that stuff, we’re always up against the wall down here. It’s always the last minute, but you came early. That’s good. Mr. Mayor: Okay, we have a motion. Is there a second? Mr. Chance: Mayor? Mr. Mayor: Yes sir. Mr. Chance: One more comment. My problem is that, is, I mean to be an established business, I have to be there. It just got to the point where I had to do some things. I mean I have to make it barely minimum habitable and this is costing me money. I would, I did come, you 56 know, I sent my letter to the Mayor a good while back, I approached about the lease renewal and I would like just some kind of security if not, the sale in may way of thinking is if, if you’re gonna sell it to me, if I already have a lease, then it makes the lease move. But the lease gives me security of knowing that the money that I need to spend on it right now I can get the benefit of. Mr. Mayor: But, too, one thing I would say that I agree with Commissioner Williams with regards to getting an appraisal on it, if there, I mean it’s affectively, we don’t own it, the tax payers own it so we need to be good stewards of their money. Mr. Cheek. Mr. Cheek: And you know, I know putting money back into it is something you’re not interested in doing unless you’re gonna see benefit, but 750 bucks a month for river front view like you’ve got over the marina is cheap. And you’ve had a bargain for a long time and uh, the bottom line on this whole thing is that this property, and I’m serious, right across from the marina, a vacant lot, $375,000.00. Mr. Chance: Well, Mayor, when I first came into the building it was in a real bad state of disrepair at that time and part of the deal that I worked with the city at that time was, the city didn’t want to put any money in it. So I spent about $30,000.00 of my money making it habitable at that point. And so part of the low rent was the rent concession giving me a lower rent and also part of my lease says that I have to do all the maintenance, there’s no liability to the city, there’s no cost it’s just a pure good cash flow any way you look at it. Mr. Mayor: Okay, we have a motion. Is there a second? Commissioner Beard. Ms. Beard: I’m wondering if the appraisal would include and inspection. It seems the city needs to inspect the building to determine its condition itself. Mr. Mayor: Would you like to amend your motion to reflect that, Mr. Williams? Mr. Cheek: Can we get a restatement of the motion please? The Clerk: (inaudible) --- appraisal. The Mayor: And inspected. Mr. Cheek: We maintain it like we did the Depot property. Mr. Mayor: Okay, we have a motion. Is there a second? Mr. Cheek: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Mr. Williams: (Inaudible). 57 Mr. Mayor: It’s to proceed forward with an appraisal and inspection of the property basically so we can make an informed decision on how to move forward with it. Motion carries 8-0. Mr. Mayor: Okay, and now I would entertain a motion to revisit consent agenda item number one. Ms. Beard: So moved. Mr. Smith: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Commissioner Hatney. Motion carries 8-0. Mr. Hatney: Mr. Mayor and fellow commissioners. I appreciate your cooperating in that affect. I asked that it be forwarded because I misunderstood Mr. White to agree that it would be alright to wait, but he has assured me that there are some, some time scheduling and constraints that needs to be looked into so we, so that’s why I want to revisit it. You want to make a statement to that effect sir. Mr. Smith: In point of clarity. I’m Ernie Smith, 253 Greene Street and uh, it’s not Dr. Hatney’s fault it’s my fault for not explaining it to him clearly so the point of clarity is my fault. I was remiss in not explaining that. Mr. Hatney: I already told them it was your fault, go ahead. (LAUGHTER) Mr. Mayor: Would you like to make a motion to that effect, Dr. Hatney? Mr. Hatney: I move that we go ahead and approve the Historical Resolution and with the fact that the young man will bring those documents, have them available for the commissioners by the time we meet again, in our boxes so when they come out we’ll have that information . Cause my major concern is that the individuals who do not have --- be in compliance with the stringent rules and guidelines, have some means to about which they can get some relief from this government. Mr. Cheek: Second. Mr. Mayor: Okay, we have a motion and a second. Commissioner Williams. 58 Mr. Williams: Yes, sir, I’m gonna support the motion against my better judgment Mr. Mayor, I don’t like to vote for something that I’m gonna get axed on voting cause it’s to late then, to bring it back. Now we discussed this. We talked about the downtown area and going across Telfair Street where there’s some uh, properties that’s really, already in disarray. And it needs some repairing. If they got to go through these hoops or these guidelines that the Historical Preservation has put together, which I don’t about and I know there’s a stigma left in there where they can come to the commission and the commission can override it. Well, I think we gonna create something with the people on the other side of Telfair Street, Watkins Street, down in that area down there. The lower end, those shot gun houses still stand there. That we’re either gonna move those people out of there or we gonna leave it in the condition where they gonna fall down cause they can’t put it back and they shouldn’t be put back the way it is now Mr. Mayor. It’s, it’s, and that’s history. We ought to have one somewhere in the world, and people can go find and see it but we not ought to keep all that kind of stuff down there. And if we gonna make those people conform to those things I would love to see those guidelines. This is the second reading. We talked about that. I’m gonna support it. Mr. Mayor: Okay. Mr. Williams: My colleagues asked me to support it but I don’t like voting for stuff and then you come back and my vote’s already cast. Mr. Mayor: Okay, we have a --- Commissioner Hatney. Mr. Hatney: He did uh, Mr. Smith, is that right, did mention that the reason they needed it before the first of the year that it had to do with some, some grant applications that the process must be in place before then and if is doesn’t they lose that money. We do need your assurance sir --- Mr. Smith: Absolutely. As God is my witness. Mr. Hatney: --- because, Who? Mr. Smith: As God is my witness. Mr. Hatney: I’m sorry. I just didn’t hear you. Mr. Smith: Yes, sir, as God is my witness. You’ll get that. Mr. Hatney: Okay, because I have the same concern I had in initially that when you pass Telfair Street and go onto Laney Walker you getting into turbulent territory there and those folks can’t afford to do what ya’ll talking about. There isn’t and hidden stuff no way. Mr. Smith: No, sir. Mr. Hatney: God be your judge. 59 Mr. Mayor: Okay, we have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Mr. Williams abstains. Motion carries 7-1. ADDENDUM 43. Motion to go into a legal meeting. Mr. Mayor: Mr. Shepard. Mr. Shepard: It would be appreciated if we could have a short legal meeting on potential litigation and personnel. Mr. Mayor: Okay, can I get a motion? Mr. Cheek: So moved. Ms. Beard: Second. Mr. Mayor: Would you state that motion, Mr. Shepard? Mr. Shepard: Yes, sir, I move that the body go into executive session to discuss pending and potential litigation and personnel matters. Mr. Mayor: Okay, we have a motion and a second. Commissioners will now vote by the usual sign. Mr. Cheek and Mr. Bowles vote No. Motion carries 6-2. [LEGAL MEETING] 44.Motion to authorize the Mayor to execute the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Cheek: I so move. Ms. Beard: Second. Mr. Bowles and Mr. Hatney out. Motion carries 6-0. [MEETING ADJOURNED] 60 Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on December 19, 2006. ________________________ Clerk of Commission 61