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HomeMy WebLinkAboutCommission Meeting November 9, 2006 REGULAR MEETING COMMISSION CHAMBER NOVEMBER 9, 2006 Augusta Richmond County Commission convened at 2:00 p.m., November 9, 2006, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Stevenson, Grantham, Hatney, Williams, Beard, Cheek, Bowles and Brigham, 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 Kenneth Martin, Pastor, Antioch Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Thank you Reverend. We have something for you. By these here present, please know that the Reverend Kenneth Martin, Pastor of Antioch Baptist Church is Chaplain of the day for his civic and spiritual guidance, --- community service as an example all ---, my hand th this 9 day of November 2006. Thank you so much. (APPLAUSE) Let’s move into the presentations. PRESENTATION(S) A. Board of Trustees, Augusta-Richmond County Public Library. RE: Presentation/Update on new headquarters with design plan. The Clerk: Mr. Mayor, members of the Commission, our presentation item, at the request of the Board of Trustees, that item is being requested to be deleted and rescheduled for st our November 21 meeting. It’s on our Addendum Agenda. Mr. Cheek: So moved. Ms. Beard: Second. Mr. Hatney out. Motion carries 9-0. The Clerk: I call your attention to our Addendum Agenda. ADDENDUM AGENDA: ADDITIONAL INFORMATION Plat for Item 42. DELETION FROM THE AGENDA 1 Presentation by the Board of Trustees of the Augusta Richmond County Public Library. st (To be rescheduled for the November 21 meeting) PUBLIC SERVICES 32. Motion to approve the denial of the renewal of the business license for Mr. Eddie Trimble, d/b/a Trimble Construction. (Referred from October 9 Public Services) th Item 32 is being requested for rescheduling for the November 13 Public Services Committee Meeting. ADDITION TO THE AGENDA Item 1. Ratify the sale of the city property to Silver Sheet Metal Company. (Requested by the Administrator) Mr. Cheek: Motion to add. Ms. Beard: 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 10-0. Mr. Mayor: Okay, if we could move on to the Recognitions. RECOGNITION(S) B. National Hospice Month. Ms. Angela Whitesell, Community Service Liaison, Alliance Hospice. Mr. Mayor: In recognition of National Hospice Palliative Care Month, whereas Hospice and Palliative Care provides patients and families the highest quality care during life limiting illness and at the end of life through pain management and symptom control, care giver training and assistance and emotional and spiritual support allowing patients to live fully up until the final moments surrounded and supported by the faces of loved ones, friends and committed care givers and whereas last year more than 1.3 million Americans, living with life limiting illness and their families received care from the 4,000 hospice and palliative care programs in communities throughout the United States, and whereas professional and compassionate hospice staff including physicians, nurses, social workers, therapists, counselors, health aides and clergy, provide comprehensive care focused on the wishes of each individual patient, and whereas more than 400,000 trained volunteers contribute 18 million hours of service to hospice programs annually, and whereas providing high quality hospice and palliative care reaffirms our belief in the essential dignity of every person regardless of age health or social status, and that every stage of human life deserves to be treated with utmost respect and care, and whereas hospice and palliative care providers encourage all people to learn more about the options of care and to share their wishes with family, loved ones and their health care professionals. Now, therefore, I, Deke Copenhaver, Mayor of the City of Augusta do hereby proclaim November 2006 as National Hospice Palliative Care month in Augusta, Georgia and urge all citizens to increase their 2 understanding and awareness of care at the end of life and to observe this month with appropriate activities and programs. In witness whereof I hereunto set my hand and cause the seal of st Augusta, Georgia to be affixed this 1 day of November 2006. Congratulations. (APPLAUSE) Ms. Whitesell: Hospice is really a calling and it’s something that we are so privileged to do, to be with people at the end of their life and to celebrate their life and we just appreciate this privilege to be here with you. Thank you. (APPPLAUSE) Mr. Mayor: On to the Delegations. DELEGATIONS C. Augusta Arts Alliance and Imperial Theatre. RE: Economic Impact of the Arts in Augusta. Mr. Mayor: And if you could state you name and address for the record and keep it to five minutes please ma’am. Ms. Plocha: I’ll try. Lara Plocha, 830 Fleming Avenue, Augusta, Georgia 30904. Good Afternoon. I think most of you know me by now. I’m Lara Plocha, Executive Director of the Imperial Theatre. The Imperial is fortunate to be the home for several of the performing arts groups in Augusta, and often collaborates with other arts organizations such as the Morris Museum of Art. So, I’ve been asked to speak with you today on behalf of Augusta’s arts organizations and to announce the formation of Augusta’s arts community into one voice, The Augusta Arts Alliance. The arts impacts Augusta in many ways by enriching the lives of our citizens by providing vital arts education for our children and out reach to under served community. The arts also makes money for the community with the direct impact on industry through the demand for goods and services, on tourism as we attract more and more out of town visitors and on the tax base through increased ad valorem taxes, income taxes, sales taxes and SPLOST. The current proposed 2007 county budget includes $50,000.00 specifically designated for re-granting to Augusta’s arts organizations, which we definitely appreciate. However, this is less than 1% of our combined annual operating budget and we respectfully request the Commission to consider increasing this line item significantly to an amount more commensurate to the level of our economic impact because supporting the arts makes good economic sense. Overall funding for the Arts for the public or private is good business. Every dollar invested in the Arts has a significant multiplier effect on the local economy. Arts attendees generate ancillary economic benefits and a true boon to commercial interests. In a recent study conducted by the U.S. Economic Development Administration, industry cited access to the arts, music and entertainment, as one of the most important quality of life factors they consider when looking for new locations. The economic impact of non-profit arts organizations including the news is significant. A quick review of just ten local arts organizations showed an estimated annual direct impact on the local economy of 7-8 million dollars. Non-profit arts, unlike most industries, leverage significant amounts of event related spending by their audiences. Attendance at arts 3 events generates related commerce for hotels, restaurants, parking garages and more. The average local patron spends approximately $23.00 on event related services, and that doesn’t include the ticket price. This spending generates an estimated revenue nationally, of $80.8 billion dollars for local merchants and their communities. And, furthermore, out-of-town patrons spend nearly twice as much as local patrons. A study by Johns Hopkins University and the Georgia League of Historical Theaters show, for every dollar spent by the coastal arts industry, a $1.92 is generated in indirect spending and 67 cents is generated in wages and salaries. For Augusta alone that equates to a 15.54 million dollar impact on an annual basis. So supporting the arts does make good economic sense. The Augusta Arts Alliance has prepared a formal statement for your consideration, which we have left you a copy of at your desks this morning, or this afternoon. We the undersigned, thirteen arts organizations of Augusta Richmond County annually provide performances, concerts, art exhibits, classes, camps, workshops and lecture demonstrations for the citizens of our community. As the Arts Organizations of Augusta Richmond County, we create the cultural tapestry of our community and the role we play is vital to our community’s quality of life. Economically, Augusta arts and cultural environment is attractive to tourists, the business sector and our residents. Augusta was recently identified as one of the top ten places to retire and our vibrant arts community played a major role in that distinction. Last year alone the undersigned arts organizations in Augusta Richmond County generated 11 million in direct and indirect economic impact and provided more than 500 jobs. We respectfully request that the Augusta Richmond County support for Augusta arts organizations and its annual budget on a level appropriate for the economic impact of these organizations provide the community. These arts organizations dramatically improve the quality of life in our community, impacting Augusta economically, culturally and artistically. For fiscal year 2006 local arts organizations were not re-granted any Augusta Richmond County funds through the greater Augusta Arts Council or otherwise. Therefore, on behalf of our approximate 500,000 constituents, we respectfully request that August Richmond County include fundings specifically for the arts organizations on a annual basis through an allocation to a third party such as the Community Foundation who will then re-grant Augusta Richmond County monies to the arts organizations annually for an administrative fee. The leadership of Augusta Richmond County ultimately approved the guidelines for annual and equitable distribution of city funding in support of annual operating expenses of the Augusta Richmond County arts organizations --- Mr. Mayor: Okay. Ms. Plocha: I’m sorry. Mr. Mayor: That’s okay. Ms. Plocha: Can I read the arts organizations that are represented? Mr. Mayor: How much longer do you --- that’ll be fine. Ms. Plocha: A paragraph. Mr. Mayor: Okay. 4 Ms. Plocha: Okay. The guidelines will then be developed by representatives of the Undersigned Arts Organizations also known as the Augusta Arts Alliance and with the third party already having the protocols and procedures in place for granting monies to 50123 non- profit organizations. The leadership of the undersigned arts organizations is committed to working together and identifying and securing additional funding sources for the arts in Augusta. Representatives of the Augusta Arts Alliance request opportunities to meet with the leadership of Augusta Richmond County in the near future to approve and adopt these positive solutions to encourage and to insure the financial support of Augusta’s arts organizations along with the continued growth of our community. Respectfully, the Art Factory, the Augusta Ballet, the August Concert Band, the Augusta Mini Theater, the Augusta Opera, the Augusta Symphony, the Augusta Players, Creative Impressions, Dance Augusta, the Gertrude Herbert Institute of Art, the Imperial Theater, Morris Museum of Art and Story Land Theater. Mr. Mayor: Okay. Thank you. Ms. Plocha: Practice that --- Mr. Mayor: Well done. Thank you for that information. Mr. Grantham. Mr. Grantham: Mr. Mayor, I’d like a motion we receive as information then continue to look into working with the Arts as they do produce $15M a year into this community and is something that we need to work towards as far as assisting in the areas, and we receive benefit from that. Mr. Williams: I second that. Mr. Mayor: We have a motion and a second. Commissioner Cheek. Mr. Cheek: Mr. Mayor, just gonna add that, that since we’ve abandoned the Main Street program we could take those monies that have been in the past allocated to that program and nearly double the allocation going to the Arts so, I just offer that for consideration before the Commission. Mr. Mayor: Okay. We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Alrighty, Madam Clerk, let’s move on to the Consent Agenda. The Clerk: I call your attention to our Consent Agenda which consists of Items 1-27. Items 1-27. Mr. Mayor: Do we have any additions to the Consent Agenda? Commissioner Grantham. 5 Mr. Grantham: Uh, Mr. Mayor I would like uh, have the consideration of adding the uh, subject on the uh, to the Consent Agenda in regards to the Sheet Metal, ratifying the sale of that property --- Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, I like to recommend adding Item 37 if it pleases the body to the Consent Agenda. Mr. Mayor: Any further additions to? Mr. Grantham: Mr. Mayor. Mr. Mayor: Mr. Grantham. Mr. Grantham: Thank you Mr. Mayor. Under the Public Service Regular Agenda items, since we did not have an opportunity to meet last week and we have determined that the request for license in regards to the alcohol license of those who are present here today and we have, they have met all the requirements and uh, I’m told by the department that uh, those people are present today, and ask for Item 29, Item 30, Item 31. Mr. Mayor: Thank you. Mr. Grantham: I don’t, uh, I don’t see why we can’t put Item 37 and Item 42 on the Consent Agenda as well Mr. Mayor. The Clerk: Item 37’s on. Mr. Mayor: 37’s on. The Clerk: Item 42? Mr. Grantham: 42. Mr. Mayor: Are there any further additions to? Are there any items to be pulled for discussion? Mr. Grantham: Number ten Mr. Mayor. Ms. Beard: Mr. Mayor, number one, please. Mr. Mayor: Items ten and one. Mr. Williams: Mr. Mayor? Mr. Mayor: Commissioner Williams. 6 Mr. Williams: I need some clarification of Item number 11, uh, Item 15, Item 18, 21 and uh, 25 and 26 Mr. Mayor. If not, I would look for a Mr. Mayor: Any further items to be pulled for discussion? motion to approve the Consent Agenda. Mr. Cheek: So moved. Ms. Beard. Second. Mr. Mayor: We have a motion and a second. Commissioner Hatney. Mr. Hatney: I’d like to take Item 38 off and reprogram it for the next Commission meeting. Mr. Mayor: Okay. Mr. Williams. 38. Mr. Mayor: 38. Alrighty. Ma’am? Ms. Beard: (Unintelligible). Mr. Mayor: Okay, can um, can you amend your motion to include that Mr. Cheek? Mr. Cheek: Yes sir, absolutely. Mr. Mayor: Thank you. Okay, we have a motion and a second. Any further discussion? Commissioners will now vote by the usual sign. Motion carries 10-0. CONSENT AGENDA: ADMINISTRATIVE SERVICES 2. Motion to approve Amendment to 2006 CDBG Contract with Georgia Legal Services. (Approved by Administrative Services Committee October 30, 2006) 3. Motion to approve the reprogramming of $10,000 from the Aragon Park Housing Project and Award to Care Management Consultants, Inc. (Approved by Administrative Services Committee October 30, 2006) 4. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the Bethlehem Neighborhood: 1539 Twelfth Street, 1613 Twelfth Street (District 9); South Augusta Neighborhood: 3232 Milledgeville Road, ND (District 5, Super District 9); AND WAIVE 2 READING. (Approved by Administrative Services Committee October 30, 2006) 7 5. Motion to approve the use of $4,000 in R-UDAG funds for one 112-week session of Micro Loan Business Development Training. (Approved by Administrative Services October 30, 2006) 6. Motion to approve Retirement of Mr. Ronnie Joyner under the 1949 Pension Plan. (Approved by Administrative Services Committee October 30, 2006) 7. Motion to approve Work Related Disability Retirement of Mr. David Pugh under the 1977 Pension Plan. (Approved by Administrative Services Committee October 30, 2006) 8. Motion to approve Resolution Authorizing Submission Year 2007 Annual Action Plan for Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnerships and Housing Opportunities for Persons with AIDS Funds. (Approved by Administrative Services Committee October 30, 2006) PUBLIC SAFETY 9. Motion to approve proposal from Working Buildings for Building Commissioning Consulting in conjunction with the expansion of the Webster Detention Center. (Approved by Public Safety Committee October 30, 2006) 12. Motion to approve Grant Award of $31,775.00 from Georgia Emergency Management. (Approved by Public Safety Committee October 30, 2006) 13. Motion to approve award of Bid Item #06-168 for Firefighter Protective Clothing to NAFECO as the best bid. (Approved by Public Safety committee October 30, 2006) 14. Motion to approve the acceptance of funding from Governor Sonny Perdue’s Wireless Communities Georgia Program and the Memorandum of Understanding. (Approved by Public Safety Committee October 30, 2006) FINANCE 16. Motion to approve tasking the Administrator to develop a process for internal audits based on separation of individuals who have responsibility of handling cash and/or other types of financial items and significant inventory. (Approved by Finance Committee October 30, 2006) 17. Motion to approve the execution of documents regarding the refinancing of 2002 bonds. (Approved by Finance Committee October 30, 200) ENGINEERING SERVICES 19. Motion to approve change order to Municipal Building’s exterior renovations consultant to include replacement of existing windows with energy efficient, insulated glass windows. (Approved by Engineering Services Committee October 30, 2006) 20. Motion to authorize execution of agreement between Augusta and Standard Textile Augusta, Inc. aka King Mill for the delivery of water from the Augusta Canal. (Approved by Engineering Services Committee October 20, 2006) 22. Motion to approve and accept Georgia Power Company Governmental Encroachment Agreement for Easement No. 30877. (Approved by Engineering Services Committee October 30, 2006) 23. Motion to approve an Option for Right-of-Way between the Richmond County Hospital Authority, as owner, and Augusta, Georgia, as optionee, in connection with the St. Sebastian Way Project, for 0.016 acre (5042.65 sq. ft.) of permanent construction & maintenance easement and one temporary driveway easement for the following property 8 located at 1350 Walton Way for a purchase price of $105,200.00. (Approved by Engineering Services Committee October 30, 2006) 24. Motion to approve a resolution requested by the Augusta Fire Department to change the name of the road known as Cambridge Road to Cambridge Court. (Approved by Engineering Services Committee October 30, 2006) PETITIONS AND COMMUNICATIONS 27. Motion to approve the minutes of the regular meeting of the Commission October 17, 2006 and Special Called meeting held October 30, 2006) PUBLIC SERVICES 29. Discussion: A request by Jan Scholer for a One Day Special Event License Beer for November 11, 2006 to be used in connection with Wild Wings located at 3035 Washington Road. (Outside Event in the parking lot) District 7. Super District 10. 30. New Ownership Application: A.N. 06-54: A request by Carolyn Marie Beard for an on premise consumption Liquor & Beer license to be used in connection with the Hayloft Sports Bar & Grill located at 3179 Gordon Highway. There will be Dance. District 3. Super District 10. 31. New Ownership Application: A.N. 06-55: A request by Jung S. Farrar for a retail package Beer & Wine license to be used in connection with C.T. Market located at 4127 Windsor Spring Road. District 4. Super District 9. PETITIONS AND COMMUNICATIONS 37. Adopt Resolution of Support of U.S. Department of Energy streamlining its R&D and Productions Facilities, which will result in the building of a new Consolidated Plutonium Center at the Savannah River Site. ATTORNEY 42. Motion to approve Option for Acquisition of Easement by BellSouth. (Revised November 1, 2006) The Clerk: For the benefit of any objectors to our alcohol petitions, when the petitions are read would you please signify your objections by raising your hand. Item 29 is for a one-day special event license, beer, for Wild Wings located at 3035 Washington Road. Item 30 is a request for an on premise consumption Liquor, Beer and Wine license to be used in connection with the Hayloft Sports Bar & Grill located at 3179 Gordon Highway. Item 31 is for a retail package Beer & wine license to be used in connection with C.T. Market located at 4127 Windsor Spring Road. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: None noted. 9 Mr. Mayor: Okay. Commissioners will now vote by the usual sign. Mr. Hatney abstains. Motion carries 9-1. [Items 29-31] Motion carries 10-0. [Items 2-9, 12-14, 16-17, 19-20, 22-24, 27, 37, 42] Mr. Mayor: Okay, let’s move on to the pulled agenda items. The Clerk: ADMINISTRATIVE SERVICES 1. Motion to approve Final Version of Year 2007 Annual Action Plan for Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnership and Housing for Persons with AIDS (HOPWA) Funds with the adjustment that funding of $100,000 from the Economic Development Loan Program be moved to the Clearance and Demolition category for a total of $200,000 and that the contingency funding of $50,000 be earmarked for demolition and clearance at the site of the new Augusta Mini Theatre. (Approved by Administrative Services Committee October 30, 2006) Mr. Mayor: Commissioner Beard, I believe this was your item? Ms. Beard: Yes, Mr. Mayor. I spoke with Mr. DeCamp and he felt he could adjust things to include Bethlehem and that’s why we’re making this request. Mr. DeCamp: Yes, uh, Mayor --- Mr. Mayor: Mr. DeCamp. Mr. DeCamp: --- Commissioners. In response to some concerns expressed at the last Administrative Services Committee meeting with regard to earmarking some funding in 2007 for uh, housing activities in the Bethlehem neighborhood, um, I do have a couple of recommendations to, to address that issue. One is to uh, re, uh, under the uh, under our next years CDBG program to reduce the housing rehabilitation program line item by $160,000.00 which would still leave about $585,000.00 in that line item, and earmark that $160,000.00 for housing activities in the Bethlehem neighborhood. Those activities could include one or more of the following activities: Acquisition, clearance and demolition, housing rehabilitation and/or new construction by, new housing construction by a non-profit organization. The other adjustment I would recommend under the Home Program. It’s currently $160,000.00 earmarked for Demolition/Rebuild program and we have recommended that that be earmarked for housing rehabilitation so that, what we we’re basically doing is providing money for targeted Bethlehem housing, um and at the same time fully funding our Housing Rehab Program next year. Mr. Mayor: Ms. Beard, does that answer your question? 10 Ms. Beard: Uh, yes, it does. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: You mentioned that you were reprogramming how much for the Bethlehem --- a hundred --- Mr. DeCamp: $160,000.00 Mr. Hatney: You couldn’t see no way to do that to 200? Mr. DeCamp: We could borrow some more money from our Housing Rehab Program. Mr. Hatney: Could you do that? That’d be so kind of you. Thank you. Mr. Mayor: Okay, can we get a motion on this one? Mr. Williams: So moved. Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioner Cheek. Mr. Cheek: Mr. Mayor, it’s incumbent upon me to ask this question of our Director. Are we gonna meet, we got a month and a half to end of the calendar year, we gonna meet all of our spend down goals? Mr. DeCamp: Uh, we’re working hard toward that. Yes, yes, sir, I’m confident that we will. Mr. Cheek: Okay. We’d appreciate any red flags as soon as we can and reappropriation so we don’t lose the money. Thank you. Mr. DeCamp: Thank you. Mr. Mayor: Okay, we have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Thank you, Mr. DeCamp: Mr. DeCamp: Thank you, Mayor. Thank you, Commissioners. The Clerk: 11 PUBLIC SAFETY 10. Motion to award the contract for Bid Item 06-149, the demolition and construction of Fire Station #6, to the low bidder, the Vastec Group. (Approved by Public Safety Committee October 30, 2006) Mr. Mayor: Commissioner Williams, I believe this was your item. Excuse me, Mr. Grantham. Mr. Grantham: Thank you, Mr. Mayor. In reviewing this particular item on the agenda, I find that in the back up information, that it concerns me that we are looking to approve a contract of a $1,241,000.00 to a company that has never constructed a building or any type of facility such as what we’re asking for. The back up information on the analysis, uh, talks about our, the architect that’s involved in this project along with the Fire Department and neither one of them have total confidence in this situation. I think their remarks was that that they are without, you know reservations, I mean they are with reservations as far as approving this type of thing but, it went through our Public Safety Committee and, it, and reading this I don’t uh, I didn’t see any additional backup that included the uh, the other vendors that may have bidded, I mean may have bid on this project and then so I’d be concerned, and I’d be interested to learn what the other bid prices were and are those companies that might be involved in construction and not necessarily uh, destruction which I understand that’s what this company is, it’s they’re, they’re ones’ that do a lot of tearing down and that type of work. So, I’d like some questions answered along those lines if we can get that. Mr. Mayor: Okay. Do we have any? Chief Willis, can you speak to this issue or? Chief Willis: The only information I have, Mr. Mayor, is uh, what the next group of uh, bidders were and what their price is. Mr. Grantham: Okay. Instead of asking Chief Willis that question, can our Procurement Director --- Mr. Mayor: I was looking for Geri. Mr. Grantham: --- provide that for us? Mr. Mayor: Is Ms. Sams here? Ms. Sams: Hi. Mr. Mayor: How are you? Ms. Sams: I’m doing great, thank you. Mr. Mayor: Good. Um, Item #10, Mr. Grantham, would you like to restate --- 12 Mr. Grantham: Yeah, I’ll restate the question. Um, Ms. Sams, in looking at this I notice that we are approving a company for this particular project and uh, I read in the back of this information from the architect as well as from the Fire Department that they had reservations in regards to this company as far as constructing the type of facility that’s needed. And, my question was it, how many bids did we have on this project and what was the bid numbers as far as the cost involved with others and uh, have we had companies that bid on this project and then built other fire stations for us? Ms. Sams: I don’t have how many companies that bid on this project. I have sent staff downstairs to get that folder. Thank you. The number of persons that bid on that project, sir, was, five and the bid quote for each company were as follows: $1,241,822 for Vastec, Asbill Construction Company, $1,392,500, for Stewart it was $1,536,000, for RCN is was $1,254,814, and for WBM it was $1,692,200. Vastec in this case met all of the qualifications as the specs were written and he is on this project as low bid. Mr. Grantham: Okay, uh, and I’m not, I’m not raising the question about the low bid or about the uh, qualifications, I guess I’m looking for more with experience in regards to the type of work we’re asking for and I’m sure that it’s a good company and it’s one evidently that uh, that can meet all the requirements but without the experience, as far as the company goes, how do we know what type of performance they’re gonnna give us and if there was one, and I think you said at a $1,254,000? Ms. Sams: Yes sir. Mr. Grantham: We’re talking about $12,000.00 difference. Has that company ever built anything for us as far as fire stations go? Ms. Sams: Sir, I’m getting that folder, in about two minutes I’ll be able to address that from the proposals submitted to us. Mr. Grantham: Okay, and I guess my reason for asking is that 1% variance that we have in regards to that, uh, if we’re looking for experience and looking for quality and looking for that type of work. And, if those people met all the requirements as well, I would think that some time we look at experience and what has taken place in the past as far as satisfaction in construction based on awarding contracts or bids and I think Reverend Hatney in the past has mentioned, as well as several others, that in his backup information it would always be helpful for us to have the number of bidders, number of vendors that are applying and making a bid with their amounts so that, so that we know exactly what you’re going by as well. Not that we don’t make that decision but at least it gives us some guidelines and to what they have done in the past for us and what they can do for us in the future. So, uh, I’d like to have the rest of that information Mr. Mayor, before we call the question on this particular subject. Mr. Mayor: Okay. Commissioner Williams. Mr. Williams: Thank you Mr. Mayor. I’d be glad to hear that information when it gets back, Ms. Sams, but I guess my question is, is procurement got guidelines to go by. Now are we 13 going to go on who did what last and how good they did, or are we going to go on the qualifications the guidelines sets forth for us to do bids by. And I hear Mr. Grantham and I understand that but if we going to just use the people who done a good job before then we don’t need to bid it we just need to go back to the people that we, cause we wasted some folks time I think, six, seven people bid it but, if we gonna use the same folks over and over again because they did a good job then there’s no need to have the process that we put in place for anything in this government. And, I think everything, and Mr. Russell might need to help me now, over $5,000.00 supposed to be bidded out, is that right? I can’t hear you Mr. Russell. I see you but I can’t hear you. Okay. And, Mr. Mayor and if we gonna go with the RFQ, RFP’s and I think that’s gonna help us a lot too to determine how we proceed with the company that we’re going to deal with and Ms. Sams, if you’ve got information I would love to hear. Ms. Sams: Well, uh --- Mr. Mayor: Ms. Sams. Go ahead. Ms. Sams: Thank you, Mr. Mayor. Miss Mills did in fact bring me the bid tab sheet. She was not in here when the other information was requested. She’s on the way downstairs. But I need to stop you for just a minute to talk about the process and of course what you have said, Mr. Grantham, is of course something that the City needs to always consider. But then on the other hand, we’re not talking about an RFP in this process, we’re talking about a bid and the laws and the regulations of Augusta Richmond County states that when there is a bid, and everybody is being measured by the same yardstick, and in this case they were. We included the experience and we also in this case had to look at the bottom line and in this case it was for Vastec who was the low bid. Mr. Mayor: Commissioner Bowles, didn’t you --- Mr. Bowles: Yeah, I just wanted to hear from Mr. Munger if he was in. Mr. Mayor: Mr. Munger back there? Mr. Bowles: I just wanted this morning to know if you felt comfortable with uh, this joint venture between Vastec Group and Protec Contractors. Mr. Munger: Mr. Commissioner, I really am not in a good position because I’m really not involved in that project. Mr. Mayor: Okay. Commissioner Brigham you had your hand up? Mr. Brigham: Yes sir. Ms. Sams, my question is, in their packet was there any experiences building a similar size building in the package? Ms. Sams: Well, in this package, sir, it was a strictly a construction package that was submitted. I’m waiting for, again, my staff to bring me the information so that we can review what was the specification required at the time at the time the bid was let. 14 Mr. Brigham: Yes, ma’am. Did we normally hire vendors that have no experience where we are giving them a multi-million dollar, in excess of a million dollar contract if they have no experience in to build? Is that, is that common? Ms. Sams: That’s not the norm, sir. Mr. Brigham: Ma’am? Ms. Sams: No, sir, it’s not. Mr. Brigham: It’s not the norm? From what I saw in the agenda book, our regulations does not call into question that? Ms. Sams: Call to question? Mr. Brigham: The ability to construct of a contract that we are asking the experience factor of being able to build a building of this size or anything is not in our regulations, is that? Ms. Sams: Of course everything is, everything in the regulation does ask for experience along with other factors. But then when we’re looking a low bid product and it goes out as a low bid product in a bid situation, then the weight of the, we’re looking at the cost of the project and in this case we’re looking at the cost of the project. It is not an RFP. Now, of course we will look at experience in other areas that this particular vendor has and he brought to the table what was required and in accordance to the specifications that were given to us. Mr. Brigham: My concerns for, if you wanted to hire me to build a million, three hundred thousand dollar building or two hundred thousand dollar building, I wouldn’t suggest you do that. But I have no experience --- Ms. Sams: Mr. Brigham, if you submitted a bid to me to be a contractor and I would know that you were a CPA, you would not be considered. Mr. Brigham: I’m not a CPA either, but I appreciate that. I just want to make sure that they have some expertise at building a building. Ms. Sams: Yes, sir, that is a factor. Mr. Brigham: And, um, from what I gathered in the backup that I saw and read this time, that this was lacking on this vendor’s part. And that’s what my concerns are. I hope your staff will be able to address those. Ms. Sams: And we will be able to address this, sir. Mr. Mayor: Commissioner Hatney. 15 Mr. Hatney: My concern is not particularly with the discussion. Is that not long ago we approved an individual to build condos at many more millions than this and when we talked to them, when I talked to them he could not direct me no where, where he had built that kind of product but they authorized him to do it. We’re talking about $200M as opposed to $1.2. But I didn’t ask him, where could I go, cause I drive or slide at my own expense. I just wanna see something. He couldn’t show me nothing at that magnitude, but yet they gonna entrust it to them. Even though he might be spending his own money, it don’t matter. It’s the same way. Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor, I was thinking that we had something in place for anybody who bid on, whether it be low bid and anything else that there would have to standards that they’ll meet as the building was being built, not after the building was through, to make sure that they are building the building, according to the standards that we uh, preferred. So if, if, is that a process Ms. Sams or Mr. Mayor, is that something? I mean we ought to have some kind of leverage to make sure either with inspection process or something when you build a building. I don’t think we build a building and just walk in and then we say well this is your building. That’s, that’s, Jerry Brigham can’t build you a building, I can’t either, but I think the both of us would have enough sense to make sure that the building was inspected as it went to the next phase and the next level. So is that something in place I guess is my question. Ms. Sams: Mr. Mayor, of course there’s something in place and of course when someone build a public facility there’s certain requirements, requirements not only by this government but by the state and federal government also and, uh, in accordance with the Augusta Richmond County rules and regulations, we look at those regulations also. Mr. Mayor: Commissioner Bowles: Mr. Bowles: Thank you, Mr. Mayor. I just went to the web site since this is a joint venture between Vastec Group and Protec Contractors and Protec Contractors seems to be the one doing the construction. They’re a licensed Georgia contractor and have built numerous projects out at Fort Gordon and Naval Command Center in Georgia. Mr. Mayor: Okay. Did you do that on my computer? Mr. Bowles: No, at your insistence, sir. Mr. Mayor: Thank you for doing that. Mr. Grantham: You know, and that’s good information to have, there’s no backup in this that says, you know, the Protec people would be the ones doing the construction. If that’s the case I have no problem with it, but as I read the backup, and I’m concerned about that, that I feel like that we should raise these questions. I feel like we should have this information –-- Mr. Mayor: In the backup. 16 Mr. Grantham: --- in order for us to make a decision of this magnitude so, that’s my purpose for raising it. I didn’t know any of these companies until I received this list a moment ago. But if that’s the case and we can feel comfortable with doing that um, Ms. Sams, I know you’re not going to be out on the job inspecting it, that we’re going to have architects and engineers doing it, but uh, I’d like to know that we gonna have the right kind of construction done that’s gonna satisfy the Fire Department and the architect that’s involved. And that’s the reason I raised the question. Ms. Sams: Yes, sir, but I need a point of clarity, Mr. Mayor. Mr. Mayor: Yes, ma’am. Ms. Sams: In the future, on all of our future bids, uh, would you expect that information, Mr. Grantham? Mr. Grantham: I would like to have it. Ms. Sams: Okay. Because that information was not placed in, in some of the other projects but that would be directed as of today. Mr. Mayor: Thank you so much. Commissioner Cheek. Mr. Cheek: Mr. Mayor, in light of the valuable questions that have been asked in the , I just want to go ahead and make a motion to approve the turbo surfing by Mr. Bowles recommendations of staff on this item. Mr. Williams: Second. Mr. Mayor: We have a motion and a second. Commissioner Hatney. Mr. Hatney: One other question. Would this also be included in the bid? Ms. Sams: Yes, sir. Mr. Hatney: Thank you. Ms. Sams: Yes, sir. Mr. Mayor: Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. Chief, could I ask you a question? I know some years ago in building a new fire station on Milledgeville Road, having it taken over by the bond company or something that somebody built, and it wound up costing the City a lot of money and a lot of delay in time. Are you familiar with that? 17 Chief Willis: I’m familiar with it only because of the news that was out. I was not involved at that time with the City. That was the City and the County. But I am familiar with that particular station and I understand that there were some issues with the contractor and it did take several years to complete that building. Mr. Smith: Thank you. Mr. Williams: I have a question Mr. Mayor. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: The question was raised about the other station. I believe you’re talking about the one on (unintelligible) across the railroad track there? Go back and check that. One of the things happened was the persons who tested the soil and gave clearance and then discovered, the builder started building that there was tons and tons of barrels and stuff that was buried that had to go back and dig, to excavate it or whatever the term is and it cost --- and the city didn’t want to pay the man the money. That’s what happened. Mr. Mayor: Okay. The question has been called. Commissioners will now vote by the usual sign. Mr. Smith and Mr. Grantham vote No. Motion carries 8-2. Mr. Mayor: Next agenda item, Madame Clerk. The Clerk: PUBLIC SAFETY 11. Motion to approve in concept the support of a public/private partnership with the Hill Baptist Church to pursue grants for funding and provide oversight for the use of Old Fire Stations #7 and to allow the use of the building for some community events in the meantime. (Approved by Public Safety Committee October 30, 2006) Mr. Grantham: Mr. Mayor, could you incorporate #33 with that because it pertains to the same subject and I wanted to mention that earlier if you don’t mind. Mr. Mayor: Okay. We’ll address Item 33 with Item 11. Commissioner Cheek. PUBLIC SERVICES 33. Discuss Old Fire Station #7. (Requested by Commissioner Grantham and Chief Howard Willis) Mr. Cheek: Mr. Mayor, we reviewed this in Public Safety and this arrangement that we’re looking at here is very similar to what we have at East Augusta Jamestown Community Center, and several of our other community centers where we have developed a public/private 18 partnership between neighborhoods and our Recreations and Parks Department. In this case, we have a fire station that we as a City cannot afford to staff and maintain and uh, we’re looking at a partnership arrangement with Hill Baptist Church that would both open the facility and make it uh, put in a usable state and staff it in partnership, like we have with these other parks, with these other organizations. So after hearing that, um, Public Safety approved it, sent forth to the Commission and I encourage everyone to ask questions about it, but this indeed has the potential to save and improve that existing and valuable historic structure and make it usable by the community and again build another partnership to where the public is helping us take care of facilities we can’t afford to staff or keep up with. So I just urge passage on this and at the appropriate time I will make a motion to approve. Mr. Mayor: Thank you, Commissioner Cheek. Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. I pulled this item to relate it Item 33, Don, cause it was in the back for uh, to be talked about as well. I’m not opposed to uh, the community uh, on a joint venture but my question was, the maintenance, the upkeep, the stuff like that. I just needed some information on that. I don’t what Chief Willis have got to mention about on Item 33 that we gonna add to this but, uh, I think it’s a good, you know, it’s a good venture, a good idea to do. But, I want to at least hear about some of the proposals, what we’re looking at doing before we sit here and vote and then we come back with the budget saying well you know, we got to take care of another building that we don’t even know we, we be taken care of. And I got no problem, we’re taking care of a lot of ‘em and, I mean, we find room for this one. There’s always room for one more, but uh, uh, that’s why I had it pulled to just get some clarity on what was to be done with this joint venture. Mr. Mayor: Fair enough. Chief Willis. Chief Willis: Yes, sir, and thank you. What we’re looking to do is do this as a community wide, community center to bring children and all in from all ages to work in conjunction with the Hill Baptist Church through grant funding and other funding sources that we’re looking to identify. We would like to as the Fire Department to establish a fire museum in this particular building to bring children into this facility and do fire safety educational training as well to. We have a juvenile fire safety program that we also would utilize the building to have meetings and instruction staff for those people. And too, Hill Baptist Church, they have some initiatives too. We could utilize the building to rent it out to get funding to maintain the building and to uh, people would uh, parties such as birthday parties for children and things like that, or community receptions or um, just community groups coming in an utilizing the building locally. Mr. Williams: Mr. Mayor if I can --- Mr. Mayor: Mr. Williams. Mr. Williams: --- if I can continue. I think that’s great but if I remember, we’re talking about grants to make a museum out of the building, uh, we spoke about applying for grants, uh, somebody even asked that the East Augusta Fire Department be included in the grant when it was written. I’m not opposed and I say again, I think it’s a great venture but I think we just need 19 to be able to know, uh, what is about to take place so we’ll be able to thoroughly support it versus not knowing what we’re supporting so, uh, Mr. Cheeks gonna make a motion if won’t I will, but I’ll second it. Mr. Mayor: Commissioner Holland. Mr. Holland: Yes, sir, thank you, Mr. Mayor. One of the things that concerns be about a project of this particular nature, I mean agree with, is that when the community see a certain name on the project, some of the people in the community have a tendency to feel that that particular church or that particular organization has a monopoly on the building and those persons in the community are somewhat reluctant about going there. My concern is the fact that if you’re going to be using this particular building for the community, we want to make sure the people in the community are aware of that and that no one is left out, because there have been some situations where by these buildings have been used and certain people in the community feel that they do not have an opportunity to come in and be a part of this. So if we’re going to do this, let us make sure that everyone in the community understand and knows that this particular building will be used by those persons in the community, and other people whom would desire to use it also. I think it’s good project, we just want to make sure that we’re fair and that we’re using it for everyone who want to use the building. Mr. Mayor: Good point. Commissioner Grantham. Mr. Grantham: Uh, thank you, Mr. Mayor, and that is a good point and I think that’s why we have the Hill Baptist people involved and they’re here today with us. Now Billy Lynn is here, but the pastor of Hill Baptist Church and I’d like to maybe hear some comments from him in regards as to what their intentions is and how they want to work with the Chief Willis and the Fire Department, uh, in inviting the community to do just what Commissioner Holland just said, so if you don’t mind, and we’re on time, but I’d to give him about two or three minutes. Mr. Mayor: Okay. Please, sir, and if you could state your name and address for the record. Mr. Lynn: My name’s Billy Lynn, I live at 2104 Gardner Street here in Augusta. Thank you for the opportunity to come back before you. We came several months ago, earlier this year to present this initially. We’ve since had several meetings with some of the Commissioners and Mr. Russell as well as Chief Willis and some other members of the Fire Department. We think we’re on the same page at this point as far as being able to cooperate with this. We have no intentions to establish this as a Hill Baptist Church Community Center, I can assure you of that. We really do want this to be a community center to serve not only the Summerville community where the building is located but also communities adjacent and um, you know our goals really and truly as stated in our prospectus here are to serve the disadvantaged members of our community of all ages. And um, we want to help with education, we want to help with health screenings, we want to help with exercising, we want to address public health problems of, you know, addiction to tobacco, alcohol, drugs, problems with obesity. And there all, there’s a myriad of opportunities here to serve the community as a whole and we have no vision at all to establish this as, you know, Hill Baptist Church only, I can assure you. 20 Mr. Mayor: Thank you sir. We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Thank y’all. Motion carries 10-0. The Clerk: FINANCE 15. Motion to approve Wayne Evans Auction Company, Inc. of Columbus, Georgia as the auction service for the sale of excess/surplus government property at a public auction (RFQ #06-174). (Approved by Finance Committee October 30, 2006) Mr. Mayor: Commissioner Williams, I believe this is you. Mr. Williams: Yes, sir, Mr. Mayor. And, I asked to have this pulled to get some uh, clarity on, the backup stated that we were going on the Internet I think and sell the remaining uh, portion of those things that that’s not uh, that’s not sold I guess. And, and, my question was, if that’s they case, would that be because, and I don’t see uh, our Fleet Manager here, but is that because the bid don’t reach the bid price or we don’t get any bids on it or, uh, I mean, how would we know? Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: When we were in Finance Committee the Fleet Manager was there at that time, and I see him coming in now so I’m gonna let him defend himself. Mr. Mayor: Did you hear Commissioner Williams’ question? Mr. Crowden: No, sir. Mr. Williams: My question was that, in the back of it states that the property or stuff that was not sold will go on the Internet it to be sold. The first part I guess is when would that happen. How long would it be after the sale if we don’t reach a certain dollar amount or if we don’t get any bids on it, I guess I’m trying to determine, how we will determine how what goes on the Internet to be sold. Mr. Crowden: Because that’s new, we have to have it set up first and that calls, that requires a company come with our IT. Now that’s already, there’s been a lot of discussion and exchange of information but no commitments on anybody’s part. They would come in, set us up on their, using their server so that would require coordination with IT. I haven’t talked with Procurement actually because uh, with regards to the execution of it, but uh, but there’s been no commitments, I don’t think we have a date yet, uh, we could, as I understand the set up and the training we could probably implement the last part of January. The expectation is the items to be 21 sold would be more or less communications types equipment, which don’t have a market in Augusta. Mr. Williams: Okay, and I guess my question is, Mr. Mayor, if we had chairs for instance and nobody bids on them, I’m asking the question, would that, is that the type stuff we doing or, we got chairs and we don’t get but a ten dollar bid, uh, there’s got to be over a certain limit. That’s all I’m trying to get clear on. Mr. Crowden: Anything that would not be sold at, at any surplus items not sold at public auction would be made available to Internet auction. That was my understanding of how we were going to do this. Mr. Williams: Okay, and I understand that. My question is if you got six chairs, and they reach a bid of $50.00, well that’s not where we need to be with it, or if they get no bid, I’m trying to find out how we gonna put it on, on the Internet because of, it didn’t get a bid, those kinds of stuff going in there, or we don’t reach a bid that we think is, or the auctioneer thinks is a good bid. I mean if that’s the case, well I mean, we can, he can, I mean everything would go to the Internet, if somebody else is going to determine how much it’s going, I guess the worth is going to be. Mr. Mayor: Mr. Russell. Mr. Russell: Our instructions initially, when we talked about the Internet auction, was to do the public auction as we’ve done in the past and whatever was left over at that particular point in time, or it’s my opinion that it be, stuff that was not bid on at the particular point in time would go to the Internet. Mr. Williams: Not bid on. And I --- Mr. Russell: Our first direction was to do the public auction to give the local citizens the opportunity to participate. Mr. Williams: I understand that. That clears it up, but I mean, if it’s not bid on and nobody bids on it then it goes to the Internet. I understand. Mr. Mayor: Okay, can we get a motion on this? Mr. Grantham: Motion to approve. Mr. Cheek: Second. Mr. Mayor: We have a motion and a second. Any further discussion? Commissioners will now vote by the usual sign. Motion carries 10-0. 22 The Clerk: FINANCE 18. Motion to approve reprogramming of SPLOST funds for procurement of a professional assessment of HVAC problems at the Augusta Museum of History, and professional engineering documents for competitive bidding of needed rehabilitative work. (Approved by Finance Committee October 30, 2006) Mr. Williams: Mr. Mayor, that’s me again. Mr. Mayor: Commissioner Williams. Mr. Williams: I asked for this to be pulled because I needed to know, and I’m in support of trying to do what we can to, you know, work on uh, getting the HVAC fixed. But is says SPLOST funds but it didn’t designate how much SPLOST fund would be, uh, would be used and I’m trying to --- Mr. Mayor: Mr. Russell: Mr. Russell: Yes sir, what we’ve done in this particular case, several months ago you asked me to work with the library to try to put forth a program to replace the --- Mr. Mayor: Museum. Mr. Russell: I said library every time I meant to say, every time I say library I mean to say museum and I apologize for that. Just let me get past that there. What you recommended me to do is work with the museum to bring forth a program that would help replace their HVAC program. We have been able to identify some dollars in SPLOST for, that would be appropriate to do this. Other dollars are generated through income on interest at this particular point in time. The, not to exceed amount is $47,000.00 and that should give us what we need to do to move forward with that. I will be back to you with the results of that for the amount that’s necessary to actually do the work. That would not be the work. We anticipate that to be in the realm of a million or so to be honest with you. But, we feel that it is necessary and uh, but it’s not to exceed $47,000.00 to get us the engineering to tell us what we really need to go beyond that. Mr. Williams: Mr. Mayor thank you and that’s --- Mr. Mayor: Mr. Williams. Mr. Williams: --- and that’s my question Fred, and I saw in the backup about the design but not necessarily the HVAC, but we were talking about a lot more money to redo the HVAC so that Ms. --- can keep the artifacts in place and the condition they need to be in. I don’t want to I make a motion we approve, vote on this thinking one thing and then it being something else. Mr. Mayor. Mr. Cheek: Second. 23 Mr. Mayor: We have a motion and a second. Any further discussion? Commissioners will now vote by the usual sign. Motion carries 10-0. The Clerk: ENGINEERING SERVICES 21. Motion to approve CPB #324-04-201824117 Change Number 4 in the amount of $1,750,000.00 with funding of $450,000.00 from the GDOT State Aid Contract, $3000,000.00 from CDBG Funds, and $1,000,000.00 from Phase II SPLOST Contingency to be allocated for Project Construction. Also, approve award of Construction Contract to Mabus Brothers Construction Company, Inc. in the amount of $3,298,091.23 for the East Boundary Street and Drainage Improvements Project, subject to receipt of signed contracts and proper bonds. (Approved by Engineering Services Committee October 30, 2006) Mr. Mayor: Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. Again, here’s three million two ninety-eight uh, uh, that we’re talking about here. I need to hear from Ms. Gentry, DBE participation in this bid. We talked about it in Committee, uh, I think that uh, someone was gonna go back to work some of those details out to try to find out what, what we’re going to be able to do, uh, I think that, when you award a contract for $3,298,000.00, um --- Mr. Mayor: Ms. Gentry. Ms. Gentry: Mr. Mayor, members of the Commission. The letter of intent states that the DBE participation on this project will be 5% which equates to $165,000.00 of the total project. I have had the opportunity to speak with the prime contractor, which is Mabus Brothers Contractor and based on gathering a better understanding of the various trades, and necessary to accomplish the project which consists of piping, curving gutter and concrete. All of the concrete as it relates to this project will be awarded to a local DBE company uh, in addition to that there is a very small piece as relates to landscaping and which he will be working with me to identify a landscaping company. He has one already but he is willing to insure that we utilize a local vendor. Um, now there are barriers as relates to bringing and making sure that we’re embracing all of our small business, to include DBE and women owned. They’re capable and qualified of performing the job given the opportunity, but there’s lack a capabilities as it relates to strengthening bonding and financial where all. As you know, um, the department is working diligent to insure that we break down those barriers. Last week we had a workshop to make sure that we provide the necessary information that they need to identify their, how to increase their bonding, or how to obtain bonding in certain cases. In addition to that we’re providing information to insure they keep their financials together because all of that is centered together. My recommendation will be based on my conversation, and based on the fact that there are no 24 additional subcontracting opportunities that we could bring to the table. At this particular time we are recommending that you approve it. Mr. Mayor: Commissioner Beard. Ms. Beard: Mr. Mayor, I do believe Ms. Gentry and her department has done all they can do in reference to this and this project is very, very important to the community, so at this time I’d like to move for approval. Mr. Grantham: Second. Mr. Mayor: We have a motion and a second. Any further discussion? Commissioner Holland. Mr. Holland: Excuse me. One of the things that concerns me, we have an engineer here that could explain this. I know the East Boundary area, of course that’s not a dominated area in the area, in the area where Dr. Hatney’s district is. But I’m concerned about East Boundary running into the Laney Walker Boulevard and, uh, I know that particular area, down near where the fish market is, Galle’s Fish Market. I know that was a very, very flooded area at one time. Does this particular project have anything to do with that particular area, where it used to flood? Cause I remember getting caught there during the rain, a heavy rain once, and I had to climb out of my car. So I want to know if this project has anything to do with that particular area where it’s been so heavily flooded, you know, in the past. Ms. Gentry: Commissioner, I’m gonna rely on my colleague to answer. Mr. Mayor: Mr. Ladson. By the way, sharp jacket. Mr. Ladson: Oh, thank you. Mr. Mayor, members of the Commission. The project extends from Laney Walker uh, to --- Broad Street. Now the, I think the section you’re talking about is, it’s not at the intersection of Laney Walker and uh, East Boundary, that’s what I’m thinking. Mr. Holland: It’s right in the area, excuse me, Mr. Mayor. Mr. Mayor: You’re okay. Mr. Holland: It’s right in the area, uh, near where those apartments, I think they used to be called East Gate Apartments, in that particular area, right in there, then right across from East Gate there’s a fish market, and I think it’s Galle’s Fish Market, and that whole area, just flood out. So my concern is, is this project have anything to do with that particular area or is that particular area been corrected? Mr. Ladson: Okay, no, no sir, that area has not been corrected. Mr. Holland: So another words we still gonna having flooding in that area. 25 Mr. Mayor: Commissioner Hatney. Mr. Ladson: If I’m thinking where you’re talking about it’s at the, it’s not, it’s not really on East Boundary. Mr. Holland: East Boundary runs right into this crossing, East Boundary runs right into Laney Walker. Mr. Ladson: Okay. No this project is gonna, it’s East Boundary. It’s not gonna, it’s not gonna include uh, Laney Walker, the actual roadway of Laney Walker. It’s gonna extend from the beginning, at right at where, right at the intersection as soon as you turn in. Then that’s where the project starts, right there, and then it continues all the way down to Broad Street. Mr. Holland: When you turn off of Laney Walker on to East Boundary, you getting the project there ---, when you turn off of Laney Walker on East Boundary. Mr. Ladson: That’s where the project begins. Mr. Holland: Okay. Mr. Mayor: Commissioner Hatney. Mr. Hatney: In conjunction with what Mr. Holland is talking about, the area from Laney Walker, East Boundary, once that flood gets there, that water goes down in front of Gelles. But you’re not going to shut that spot right there? Because if it’s gonna from Laney Walker to Broad Street, it looks like to me something’s got to be done to minimize the impact of that flooding. That’s where, that’s where I told you before. That’s where East Boundary floods, Laney Walker and East Boundary across East Green Street and East Boundary. It’s the only place East Boundary floods. So that’s the concern I have, and we’re not even talking about the other stuff so I won’t go there today. Mr. Ladson: And, we can actually look at, actually resurfacing and where you can do some, you can modify, um, the intersection actually, um, overlaying it and to allow the uh, uh, street actually drain, to create, you know a steeper slope. So we can definitely look at that, um, uh, during construction. Mr. Holland: The problem is you got to do something to get that water off of that. You slope all the want to, the water gonna go. If you can fix it so it goes in a different direction the water’s still there, it’s just going in a different direction. Mr. Ladson: But it has to, if we use, if we, if we slope the asphalt in such a way the water would actually have to drain. It has to be sloped a certain to actually drain. So that’s, that’s something we can look at. Mr. Mayor: Commissioner Beard. 26 Ms. Beard: Uh, Mr. Mayor um, when Mr. Ladson came on board, he called me in for a meeting and he said things were not quite as they should be, and if went according to what we had in place, we would have problems. So he requested time to go back and redesign all of this so that we would not have any problems. Is that correct, Mr. Ladson? And this is why we’re just beginning at this point. So my understanding is that whatever the project calls for, those things in reference to flooding should have be alleviated. Is that correct? Mr. Ladson: Well at that, at that intersection right there, that wasn’t included in the --- Ms. Beard: Well that’s Laney Walker Boulevard really. Mr. Ladson: That’s correct. Ms. Beard: And this project has been on the books, I don’t know how many years. It’s really time for us to move forward with it. Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor, I didn’t get into the drainage part I was looking at the, uh, disadvantaged part and I want to address that once again. Ms. Gentry said that we don’t have any other contractors that could participate. We’re talking about doing curb and sidewalks. That in itself is more that 5% of three million some dollars of local money to be spent. But if we gonna spend, if we gonna let, I mea, we might as well not have the uh, uh DBE participation involved. We are trying to make sure local dollars are spent along with, you know, other dollars. Uh, you know, on every case that can’t happen but, in every one there ought to be some consideration. Ms. Gentry said best effort. Who’s best effort? I mean best effort could be a phone call and, and, and, that’s somebody’s best effort, but I disagree and I really can’t support it. The project needs to go on through. East Augusta’s been sitting there waiting for along time for something to happen. I mean we’ve been talking about it, but we still won’t put those things in place to make sure that all of the uh, different facets ought to be, you know, be there. So, uh, that’s my comment Mr. Mayor, we gonna do sidewalks and curbing but we can’t find anybody local to do sidewalks and curbing? Just because on person can do it they don’t have to do it all. They doing the pipe, but doing anything else they can give up something. And I don’t see that happening so I can’t support it. Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor I want to just to add this, just to bring it to everyone’s recollection. This particular portion is going to be as much cosmetic in nature as anything else. The drainage capabilities of this pipe is designed to conduct water in a certain drain rate. If we exceed two inches per hour for more than an hour, typically we’re going to see water standing. The area of East Boundary and Laney Walker is about a foot and a half to two feet below the grade of East Boundary and Laney Walker. It is a pond. The only way to fix that is to extend the big drainage ditch down the middle of Laney Walker Boulevard to tie into that area. But the bottom line is that this is a project that addresses cosmetic and drainage needs for a specific area. 27 It will meet certain needs under certain storm water conditions. It will not meet the needs if we exceed that rainfall amount in a given period of time. This is part of in correcting the entire problems as part of the 92 one hundred million dollars worth of drainage issues that plaque the City of Augusta. East Augusta is only eight feet or so above the water table. The ditch that drains Laney Walker Boulevard is only 6-8 feet above the water table. The area that we’re working on is about four, it’s a few feet above that. So, we’re moving water on this large flat spot that is primarily District 1 and 2, from one area to another without unstopping the drain, which is Phinizy Swamp. Or improving conductivity from these drainage projects that we are doing, um, in these different areas to Phinizy Swamp which is again going to have us moving water in roads from one spot to another. Again, this is why I’ve been an advocate of a storm water utility, we must take a comprehensive approach or we will be piece-mealing drainage issues across this city and for the next hundred years and that we need to take a comprehensive approach to this drainage basin. This addresses part of it but not all of it. Mr. Mayor: Okay. Commissioner Hatney. Mr. Hatney: I was glad to hear Commissioner Cheek mention comprehensive approach because I talked to Mr. Ladson about my concern about the whole project. I’m going to cooperate with it because I live down there. But that is not to say that I am hoping to put on wings and fly around the room, because it’s starting, anyway you staring, but my concern is still the same. Even though you working with a lot of cosmetics, East Boundary’s gonna look good, but the community of East Augusta itself, this particular approach ain’t gonna do nothing for us. So you have a committee that you already sent off for RFP’s and stuff to get started in that area. Is that correct? Mr. Ladson: That is correct. Mr. Hatney: Okay. Mr. Mayor: Okay, we have a motion and a second. Any further discussion? Mr. Cheek: Just one further comment. Mr. Mayor: Mr. Cheek. Mr. Cheek: Mr. Mayor, this project in itself, in its funded capacity, right now, let’s move forward because of the Commission seeing the need to do this project. But I remind this Commission that there are many areas within this City, in my district and every other district, and to have projects leapfrog that priority list is both wrong and unfair. And, before we go allocating more SPLOST money by getting new project which any addition to this project would be, it needs to be put before this body, and we need to look at prioritized list and see if it meets the same muster as this East Augusta project did. Mr. Mayor: Commissioners with now vote by the usual sign. Mr. Williams votes No. 28 Motion carries 9-1. Mr. Mayor: Next agenda item. The Clerk: ENGINEERING SERVICES 25. Motion to approve Capital Project Budget #324-201824371 Change Number 3 in the amount of $145,000.00 for the Washington Road Intersection Improvement Project funded from Special One Percent Sales Tax, Phase II Recapture. (Approved by Engineering Services Committee October 30, 2006) Mr. Mayor: Commissioner Williams. Mr. Williams: Same question My Mayor, is the Change Order, I’d to know what the original bid was uh, this Change Order #3 I think, uh, $144,000, what was the initial cost? rd Mr. Mayor: Okay. Mr. Ladson. The original cost. This is the 3 --- Mr. Ladson: You mean the total cost of the, the construction costs? Mr. Williams: No sir, the original bid that we come out. We got three change orders, Mr. Ladson, and this one’s for a $145,000. What was the original bid on this job when we uh, rd before any Change Order came about? This is the 3 time so the costs allocated in that, we need $144,000 three times --- Mr. Ladson: In reference to the, the, it’s not really three change orders, is like basically three changes and it’s a, there’s a difference there. Like initially, when you start a project out, you usually have a budget for it. So when, when the uh, when we actually go a consultant for this project, um the consultant presented a fee and a proposal. So that fee and proposal, the first change was over the budget amount so the change in there we need additional money, uh, for the consultant. And, the second change was actual change in scope uh, um, with the consultant and this is the third change here which is we need additional monies in the right-of-way account. Mr. Mayor: Commissioner Grantham. Mr. Grantham: I think Mr. Williams’ right on target. Is this construction addition or right-of-way --- Mr. Ladson: This is right-of-way. Mr. Grantham: --- addition for what we’re having to pay for the property? Mr. Ladson: We’re currently --- Mr. Mayor: Commissioner Williams. 29 Mr. Williams: So, what you’re saying Don is that, we didn’t make a change but the right- of-way issues changed to be able to continue? Mr. Ladson: Exactly, when they’re actually negotiating. Mr. Williams: I understand a little bit better now but --- Mr. Ladson: I got my right-of-way guy here. He can go into even more detail. Mr. Williams: For a long time we come in and we bid a job, than we come back with three of four change orders and we might as well pay the first man, the first time and got it over with. You gonna bid on a wall that wall ought to be a wall and, and, we know what we’re doing. So I’m gonna make a motion we approve, Don I’m trying to --- Mr. Holland: Second. Mr. Mayor: Okay, we have a motion and a second. Mr. Brigham. Mr. Brigham: Mr. Ladson, I’m glad to see we’re approving the right-of-way cause I know the traffic situation at this intersection. All I’m wanting to know is when we’re gonna start the project? Mr. Ladson: Once we’re done with our --- Mr. Brigham: (Unintelligible) Mr. Ladson: We need negotiating with the citizens that’s kind of hard to put an actual date on it so --- Mr. Brigham: We’re looking for traffic release. Mr. Ladson: But we’re looking, I mean we’re looking at probably being done, hopefully, with the right-of-way negotiations hopefully by the end of January. Mr. Mayor: Okay, we have a motion and a second. Any further discussion? Commissioners will now vote by the usual sign. Motion carries 10-0. The Clerk: ENGINEERING SERVICES 26. Motion to approve Supplemental Agreement Number Two (2) with Jordan, Jones & Goulding (JJG) in the amount of $543,851 to realign Travis Road with Spirit Creek Road, signal warrant study & traffic update, revisions based upon revised traffic study, 30 additional design beyond the original scope of the project, update survey, database & property information, additional erosion control plan requirements, revisions to the environmental approval guidelines, project management and escalation due to schedule delays (see attachment for detailed information concerning each of these tasks) for the Windsor Spring Road improvement projects, phase IV & V (CPB #323-04-202824766 & 323-04-203824768) as requested by the Engineering Department. Funds are available in SPLOST Phase IV in the Windsor Spring Road Phase IV project right of way account. Funds from the Phase IV project in the amount of S271.925.50 to each project engineering account. (Approved by Engineering Services Committee October 30, 2006) Mr. Mayor: Mr. Williams. Mr. Williams: Mr. Mayor, supplemental agreement #2. And, it’s the same question. Did we start off, did we make any changes or is this a change order that come from the firm to change? Mr. Ladson: This uh, we made a change and also this had started, started and um, I think it was October 2000, and the project was scheduled to be completed in 2003. So, there have been some changes and, with that period of time, there, you know, there’s been some changes in standards and specifications uh, there are new laws that are out there, environmental laws and, uh, it’s pretty much um, all compiled together and that’s, that’s the amount right there that’s uh, presented there. It’s combination of at least about eight or nine items, and um, that maybe I can kind of touch on these a little. Mr. Williams: So moved, Mr. Mayor --- Mr. Cheek: Second. Mr. Mayor: We have a motion and a second. Any further discussion? Mr. Stevenson: Yes, I have a question. Mr. Mayor: Commissioner Stevenson. Mr. Stevenson: Mr. Ladson, my only discussion is, most of the improvements or environment studies that had to be conducted are from Highway 88 down to Willis Foreman. Is that correct or am I incorrect in that statement? Mr. Ladson: No, it’s the whole entire corridor --- Mr. Stevenson: It’s the whole entire corridor. Mr. Ladson: --- where we have to do some --- Mr. Stevenson: I understand we’re going to do the whole thing but I’m just saying most of the studies for the environmental --- 31 Mr. Ladson: Where you have a creek, there’s a new law where you have to do a stream buffer variance and I mean, EPA’s requiring some additional testing and, and, so that’s --- Mr. Stevenson: And the thing, and, I truly wanted it to be done as well even before the time it states it’s gonna take place. But, I want to know, can it be, if we came from Tobacco Road down to Willis Foreman, will that speed the process up or would that start construction earlier. Cause the way I keep reading this is from 88 back towards --- Mr. Ladson: That’s, that’s not correct. Windsor Spring Road is split up into two different phases. Uh, it’s Phase IV, which is from uh, which is from Tobacco Road to Willis Foreman Road. Phase V is from Willis Foreman Road to Hephzibah McBean Road. Um, as far as funding, we got all the funding, um, currently for um, for Phase IV. We just received $17.4M from GDOT uh, on, for the right-of-way, it’s not the right-of-way, on uh, Phase IV. We still need about $14.2M for right-of-way of Phase V but, it’s, we want to, basically do the construction at the same time. But, if for some reason we don’t get the funding for Phase V, we’re still going with both of them a the same, um, I guess speed, but if for reason we can’t get the right-of-way money for um, Phase IV, we will do um, Phase IV. Mr. Stevenson: And when will you make a decision? And I’m not, you know, trying to be hard or difficult. I just want to know something kind of quickly. Mr. Ladson: We’re currently trying to work on trying to get the right-of-way funds for Phase V, $14.4M. We’re not slowing anything down right now. But if we don’t get the money this, uh well next year then we definitely have to --- Mr. Stevenson: So I’m saying, can we see construction underway by middle or end of 2007? Mr. Ladson: No. No, sir. And one of the reasons is that we haven’t started um, um, the right-of-way, um process hasn’t begun yet. So with that many parcels out there it’s gonna probably take, and that, take about two years, I mean a year to two years. Mr. Stevenson: All right, thank you. Mr. Mayor: Okay, we have a motion and a second. Commissioner Cheek. Mr. Cheek: Mr. Mayor I’m just gonna say this was, this was promised when I first got elected around 2000 and uh, then in ’02, ’03 ’04, ’05, it’s ’06 now I believe. I had hoped to have it completed in my term of office but I’m now hoping to have it completed in the term of my lifetime, so, God speed to you, sir. Mr. Mayor: Okay, we have a motion and a second. Commissioners will now vote by the usual sign. Motion carries 10-0. 32 The Clerk: PUBLIC SERVICES th 28. Discuss burn-out properties on 12 Street from MLK Boulevard to Wrightsboro Road and the abandoned structure at 1961 Barnes Road (Requested by Mayor Pro Tem Williams) Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor, I got some photographs that I had the Risk Management go th out and take some photographs of the 1500 block of 12 Street and I would like to pass this around to just show (Unintelligible) to show you what the resident’s have called me about and what the did, compared to homes, next to those homes. Mr. Sherman had been out and looked at some of that, but these structures to be at least down. These property owners have invest a lot of money in their properties and if these other properties had been burnt, sitting on the street, in fact you can’t even tell on of them was a, a, piece of property what somebody lived in, it’s just like uh, uh, a storage shed or something. And it wouldn’t take a whole lot to get that down, Rob, but um, that, that’s just deplorable. Mr. Mayor: Mr. Sherman. th Mr. Sherman: Both of those houses on 12 Street, who just approved a demolition ordinance Item #4 on the Agenda. They have been through the courts as well as one other house on Milledgeville Road. Those are in the process the last process of getting them down which is for you to approve the ordinance and we’ve got them out to get the asbestos survey which we’re required to do and then we’ll bid them out. Mr. Williams: Rob, so I guess, since they, one of these structures is not even a full structure. There’s nothing we can do on this until we --- Mr. Sherman: Um, it’s probably best to follow the State regulations um, if it were on the ground we could, if it were, if it was entirely on the ground we could say it was a pile of debris and we ask the Public Works Department to clean it up. Since it’s still standing, uh, it is recognized as a structure and even though there is, uh, I would think that there’s no asbestos in it because it’s practically 100% burned. We’re still required to do the survey. Mr. Williams: Well, what I’m worried about Mr. Mayor is the fact that children, and that in those picture’s Mr. --- you passing down. I don’t think they’ve seen them on this end, but children that live in that neighborhood which you stated is not even a full structure that’s there. They’re curious, they get into the field they go into these properties and when something happens to someone, and it’s been there for quite some time and it ain’t like we hadn’t had time to do something with it. Mr. Sherman: Well, it, that’s correct. It has been that way for a while. I have to say, we’ve got probably a couple hundred in similar conditions, but we will get it down as quickly as possible. 33 Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, the question I have, is there no mechanism that identifies a building once it’s burned um, from the Fire Department, do they notify you Rob as far as if the structure’s burned, and does that trigger clock to a repair day or path forward on the property? It seems to me that might help us begin the process of either clean it up or rebuild it. Mr. Sherman: Well, we do, we are notified that it’s burned, but what we’re finding and have been, have found this to be the case over the past several years is that, in most of the cases the structures are abandoned. Um, and during the cold weather, of course the vagrants and homeless get in there to stay warm, they start the fires, you in a can on the floor or what have you. So every winter we have burned structures, and a good many of these, and these have already been through the court with the Judge ordering the demolition and a lot of the others that are not burned at this point have been through the court, we’ve got the demolition order from the court, we don’t have the funding to tear them down, so it’s possible we’ll have those, some of those burned during the colder months. It’s just what we’ve found to be the case. Mr. Mayor: Commissioner Beard. Ms. Beard. Mr. Mayor, I want to bring something to your attention in reference to the inner City. Now as I look at these I see some structures that really need to come down. And then I see other structures that really aren’t bad at all and that could be saved. I’m wondering if you are aware of the fact that in that in particular area of the City, if someone, let’s say, an owner had had someone living uh, in the house fifteen or twenty years as many of them did, and some still do. When the people pass or move out of the house, that house is stripped. First of all you’ll look and you will see the windows taken. Then you will look and see doors taken. Then you will look and see all of the copper pipes taken. You will see all of the bathrooms, just everything, the house becomes a shell, and I’m saying that today it’s a very bad situation. Very, very bad, and the only thing that is going to help is total revitalization for the area. And, I hope to take our Administrator into that area, which is not all my area, part of his area, tomorrow because we really, it’s such an unfortunate thing that good houses are going because I know we have we have a wonderful Police Department and maybe they simply, he tells me they get about 3,000 calls a today so they can’t handle all of these things. But this is exactly what has happened and would you agree with that Mr. Sherman. Haven’t you received many calls to this effect? Mr. Sherman: Yes. You’re talking about how the houses are vandalized? Ms. Beard: How the, even if it’s a nice house, if they leave then it’s gone in two weeks. Mr. Sherman: That’s correct and that’s exactly what’s going on. They will steal whatever it is of value first um, the windows, the doors, the mantel um, and then we try to get the owners to secure them as best they can, then it’ll be a matter if it’s a source of fire wood some them --- 34 Mr. Mayor: You know, Ms. Beard, I would say, to shine a light on that problem, we’ve got some reporters in the room, that sounds like a good news story to me. Ms. Beard: Yes, because that’s wrong. This house is next to this one. And I guarantee you, when the people move out, this is going to become a shell and it will be down in a few years. Mr. Mayor: Thank you. Mr. Russell. Mr. Russell: Mr. Mayor, members of the Commission. I’m talking to Rob and what we do with each individual one of these houses if it’s bid out to demolition at that particular point in time, uh, what I’d like to do is come back to you at the beginning of the year with a contract for demolition, do a one year contract with a demolition company, that would facilitate a little bit quicker move so we didn’t end up hiring somebody, we could call to tear these places down instead of having to go through each individual um, house that we’re doing and then doing an informal bid process when we collect bids. You’re talking a couple weeks of activity there. Whether than if we could do that, maybe get one or two companies to bid on that and split that up or whatever, somehow or another, it’ll be the matter of once we go through the process, which is lengthy, to get into the point where we can tear it down, we’re going to have to continue that process for another couple weeks, we could make a phone call and get that done and I will be more than happy to bring that back to you as a proposal. Mr. Mayor I make a motion --- Mr. Williams: Mr. Mayor: Mr. Williams. that we allow the Administrator to orchestrate something and Mr. Williams: --- bring it back to us that we can look at to see how we can do that, to get them, I mean people are suffering --- Mr. Mayor: Absolutely. Mr. Williams: --- with this kind of stuff. Mr. Mayor: We have a motion. Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Commissioner Cheek. Mr. Cheek: Mr. Mayor I’m gonna add just, just add this, just for the record is uh, we took a trip to North Aiken with the uh, City Administrator over there and they used existing staff, existing tractors um, and I’m sure they worked out some way to waive the landfill fees, but they follow the same federal regulations that we do. They tear down their houses for about 350-450 dollars apiece. They’re cleaning up North Aiken. It’s a very similarly situated to the Bethlehem community or some of the other place that used to be. But they’ve been able to take a much 35 faster tract because they don’t mess around and it cost a whole lot less and don’t, cost a whole lot more and I, we talked about this about a year ago and while we’re no further along in being able to do what the metropolis of Aiken, South Carolina does, is beyond me. Mr. Mayor: Commissioner Beard. Ms. Beard: And Mr. Mayor, it’s not going to be enough just to tear down. We’re now going to have to rebuild. Mr. Mayor: Absolutely. Ms. Beard: And, uh, I’m wondering if we’re looking at things like, if we decide to move the people in Bethlehem, than why wouldn’t we look at rebuilding that entire area --- Mr. Mayor: I agree. Ms. Beard: --- so that they will have somewhere to move? Mr. Mayor: Absolutely. We have a motion and a second. Any further discussion? Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: We’ve got a right many people here for, I think Item #43. Can we take that one next Madame Clerk? The Clerk: OTHER BUSINESS 43. Ratify letter of authorization of bid award to J & B Construction & Services for the demolition of the Candy Factory. So moved. Mr. Williams: Mr. Holland: Second. Mr. Mayor: We have a motion and a second. Mr. Shepard. Mr. Shepard: Yes, Mr. Mayor. If the Commission desires we could discuss the matter in Legal prior to uh, further discussion the matter is the subject of a pending lawsuit. Opposing council is here and it would be appropriate if the body wishes to discuss the matter in Legal prior to us going ahead. However you want to do it. Mr. Mayor: Commissioner Williams. 36 Mr. Williams: Mr. Mayor, I think they’re trying to say that uh, that we have the discretion to either go into Legal, but I think but what we’re voting now is to ratify the letter that we, where we already awarded the bid. If there’s a legal ramification to come, than it’s coming. But to not do what, to not ratify this letter, to hold up, what we’ve been held up for how long Mr. Russell now --- months, not dollars cause that will scare you. Mr. Russell: I don’t remember when the initial process was served --- Mr. Williams: Okay, then give me the dollar figure then. Mr. Russell: I’d really rather give you a date than a dollar. It served in September so we’re about a month or so --- Mr. Williams: Okay well, and this was initially held up from that point? And I got not problem, we talked about this issue several times Mr. Mayor, the motion is to go ahead and to ratify this letter that the Commission signed to go ahead and approve it with the six votes and I think, that’s, that’s what we need do now. There’s some other things we need to discuss, some legal, I got no problem with doing that in Legal or outside of Legal. It doesn’t matter. But that’s the motion Mr. Mayor and I think we got a second on it. Mr. Holland: Second. Mr. Mayor: Okay, we have a motion and a second. Any further discussion? Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor, and you know, I feel like that when the letter was circulated, course I was here but never received the letter to have consideration of signing or not signing, although I would not have signed it. But still, the point I’m gonna make is that uh, there seems to have been people dismissed or rejected from this particular bid based on what we call a error made by submitting certain items and I find that the courts, once the injunction was presented, the court did indicate that it was certainly a technical matter and it could be reviewed by this Commission. In reviewing that particular item, I find out that based on information presented to the court, that there were items and there were other companies other bidders that were involved that also had technical infractions against this, on this particular bid. And those particular companies were not rejected based on their technical matters but the company that’s in question was rejected for their technical matter. The point I’m making is that if we’re going to use our procurement process, and if we’re going to do, and go by what is written in our procurement laws and in our way of bids in, then let’s do it and let’s do it fairly. Everyone, and equally everyone. If not then, uh, let’s just make our selections such as Commissioner Williams said earlier and we won’t have to worry about getting bids. The point also I’m making is that this being the case, and if there were technicalities in other vendors and other bidders that were involved in this, then I think uh, we should re-bid this entire project, not award it anyone on that particular list right now, but to re-bid the entire project and then let’s the service come back and let everything be put in the proper perspective it should be put in. Mr. Mayor: Okay. Commissioner Williams. 37 Mr. Williams: Mr. Mayor, I see Purchasing is here, I think we need to get this thing washed out and throwed out the window once and for all. While she’s here we can clarify all of this. If we don’t award the bid, I think we probably going to end up in court, some kind of way anyway. So, uh, that’s, that’s something I think we need to, and iron out right now Mr. Mayor, and go on a get about the city’s business and --- Mr. Mayor: Ms. Sams. Mr. Williams: --- let purchasing clear it up while she’s here. Ms. Sams: Thank you Mr. Mayor. Um, Mr. Grantham, uh, I hear your concerns and according to the statutes of Augusta Richmond County there has not been any violations of policy. And according to the findings that were presented to the court, all of the information that was submitted was indeed relevant, fair and we reviewed all of the court documents yet again on uh, last night, as late as last night. And, respectfully I have to disagree with what you just said. And, respectfully I disagree because, under the Augusta Richmond County code, it states that all, all RFP’s or all bid packages for $40,000.00 or more be submitted with a bid. That bid in this case was 5%. Unfortunately that bid and on the admission of the Thompson Company was not a part of those specifications. Also we talk about the misunderstanding that has taken place. I want to assure the Commission and the Mayor that the misunderstanding was not on the part of your Procurement Department. This misunderstanding was on the part of the insurer of the bond. If you review, and we’ve shared the information with each of you, if you review the letter as such you will find that the letter never indicated or referenced a bid bond as not being a part of the process. Now what happens when a bid bond is not submitted to the City of Augusta? And I, you know, today as we were talking about a bid earlier. It was referenced about Fire Station #6. What would’ve happened to Augusta had there not been a bid bond in place? Here we have a situation where the procurement office opened seven bids, Lady and Gentlemen. Six vendors submitted the bid bond. One vendor either failed to understand or misinterpreted the rules as they were written in those specifications. According to your code, according to the laws of Augusta Richmond County, the only alternative that the procurement office had was to being that bid as non-responsive. I did that. I did it in accordance to the laws as written in Augusta Richmond County, and the laws that support Augusta Richmond County, of the state and the federal government. And both, in all three cases it states, that if an entity requires a bid bond, that bid bond must be presented at the bid opening. And it makes no exceptions. I did that. Now today, we’re here talking about bid bond and fairness and if he was treated fairly. I respect Mr. Thompson. Not because of who he is, or what he is or how he looks, I respect him because he has been a businessman in this city, and the city has awarded almost $600,000.00. I pulled those records. And when he submitted his bids on all of those projects, he was measured by the same yardstick as everybody else, and I had no problem awarding him the bid. 2006, here I am standing before you to justify awarding a bid to a contractor who also met all of the qualifications for this City. Fortunate or unfortunate, according to some of the awful things that I’ve read in the papers about our process and the attacking on my integrity, I stand before you, my name is Geri Sams, Mr. Mayor. I’m your Procurement Director. I stand before you today going public as to say, for as long as I’ve held that position, never has a bid bond been not submitted when it was asked for. And when it was, be he black, white, Chinese, whatever, I 38 deemed them non-responsive. And it seems kind of strange that we’re standing here talking about non-compliance. Last night when the Attorney and I were meeting, we found out that, not only had I submitted non-compliance on other vendors as it relates to bid bonds, the person that owns J&B Construction Company, I deemed him non-compliant on two other bids before this third one. One was because he was late in submitting his proposal and the other one was because his paper work wasn’t intact. And both times I deemed him non-responsive. Mr. Mayor: Okay, can we --- Ms. Sams: So, Mr. Mayor, let me stand before you today and tell you that Augusta Richmond County has not violated any rules, any regulations, and everybody is treated fair in this process. And, I want to also, as it relates to my integrity, and the things that I have been reading about in the paper, let me stand before each of you and the Augusta citizens and say, as long as I’m the Procurement Director, the rules will be enforced. And any time you as Commissioners change it then I will enforce the new ones. Mr. Mayor: Thank you. Commissioner Cheek. Mr. Cheek: Mr. Mayor, I’m just going to ask a question. The thing uh, Geri, the thing that’s been laid before us today is that, I guess there’s been a somewhat of an allegation that there was other flaws within other peoples submission. Is that accurate or inaccurate? Ms. Sams: No, sir, it is not accurate. The ones that made the short list are the ones that submitted all of the documentation. The Attorney and I went through that last night and we found that not be accurate. Mr. Cheek: Mr. Mayor, call for the question please. Mr. Mayor: Okay, there’s a motion and a second. The question has been called for. Commissioners will now vote by the usual sign. Mr. Brigham, Mr. Smith, Mr. Bowles, and Mr. Grantham vote No. Motion carries 6-4. Mr. Mayor: Next agenda item, please, ma’am. The Clerk: FINANCE 34. Motion to approve Flex Repo contracts. Mr. Mayor: Was it, did we hit 32? th The Clerk: That was rescheduled to the November 13 meeting. Mr. Mayor: Mr. Shepard. 39 Mr. Shepard: Thank you. Mr. Mayor, members of the Commission, um, Ms. McNabb has forwarded to me a series of documents which were actually authorized in the SPLOST GO bond resolution which are known as overnight Repo contracts. This is the instrument in which we invest the bond proceeds from the SPLOST GO which was approved, um and was, uh, this has several documents that are with it. I think you have the authority based on the bond resolution Mr. Mayor to execute them. However, I wanted to spread them on the minutes with the other Commissioners which uh, been alleged that those, they we didn’t even the contracts in the room. They are in the room, uh, we need to execute them so that this money is retained in a fund that would be accessible to our Project Managers and would be accessible to draw down as we move ahead with the construction of the bonded projects which are the Webster Detention Center and the Library and I’d be happy to share any of those documents with any of your who would like to --- Mr. Mayor: Commissioner Grantham: Mr. Grantham: Thank you Mr. Mayor. Along these same lines, to follow up, this gives us an opportunity to put those monies that are earmarked for that Webster Detention Center improvement and the Exhibition Hall to increase and to gain interest. If we leave it where it presently is, it would be bearing a lower interest rate. Therefore, it’s to our advantage to do this . and to make sure that is, that it will be continued to be earmarked for those particular projects I’ll make a motion that it be approved. Mr. Cheek: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioner will now vote by --- Ms. Beard: If he has information pertaining to all of this I’d like copies. Mr. Shepard: I have it yes. Mr. Mayor: Mr. Shepard. Mr. Shepard: Yes, for the record it’s the Exhibition Center, not the Library, excuse me. Mr. Mayor: Okay. Commissioners will now vote by the usual sign. Mr. Williams: I don’t know what we’re voting on. Mr. Cheek: Go for it! Mr. Mayor: Approving the Flex Repo contract. Mr. Williams: I’m trusting y’all! 40 Mr. Cheek: Well, that’s good, I trust you too! Mr. Bowles out. Motion carries 9-0. The Clerk: ENGINEERING SERVICES 35. Motion to approve award of construction contract for the Augusta Utilities Department “Roadway Improvements for Benson Road” to the lowest responsive bidder in the amount of $2,339,655.45. (Approved by Engineering Services Committee October 9, 2006) (Referred from October 17 Commission meeting) Mr. Holland: Mr. Mayor? Mr. Mayor: Commissioner Holland. Mr. Holland: Yes, sir, Mr. Mayor. I believe this particular item was on and of course th this stayed here, was on from October 17. And I spoke with Miss Gentry and the gentleman here in reference to some percentages that they were supposed to go an meet and come back with uh, and so uh, we delayed this and, until this particular time and I would like to know from Ms. Gentry if they had an opportunity to meet and if so can they share this information at this time. Mr. Mayor: Miss Gentry, are you --- she in the back? Ms. Gentry: Mr. Mayor, members of the Commission. I requested an opportunity to work with the prime in hopes of increasing DBE participation. He provided me with a bidders qualification statement that included all of the proposed subcontractors as well as suppliers. Of the subcontracting opportunities, excluding what they’re going to do, they have eight vendor. Four of them are DBE’s, the amount is still 4.3%, which equates to $99,800.00. The bulk, and I must, after sitting down meeting with them and basically trying to understand where the bulk of the money going to, the bulk of the project consists of purchasing costly items, such as the vault, iron pipes and concrete. Of the supplier list, I looked at it. There was nothing that we have within Augusta Richmond County in terms of subcontracting opportunities that we could switched/swapped someone out. In addition to that, the prime contractor that met, he met with, he got, did receive a pricing for this particular project and the pricing was more than what he had originally received from one of the vendors. And the question came to, it was posed to me was whether or not we were willing to increase the price in order for him to do business with another subcontractor. Mr. Mayor: Mr. Williams. Mr. Williams: Mr. Mayor, I don’t think we want to increase the price to get someone to do business with folks. I think that’s crazy, but I do think that these people understand how serious we are about keeping as much money in this community as we possibly can with those businesses. You talking about $2,339,000.00, someone’s going to make $99,000.00 out of that 41 for disadvantaged businesses. It just, it don’t make good sense. It’s like trying catch a train on a bicycle. Ain’t no way you’re gonna do it. It’s just, it just, there’s just no feasible way and I can’t support this neither. We talked about it before, depending on how easily we need to re-bid it or we need to do something Mr. Mayor to make sure that we are inclusive on uh, doing this, uh, business with the City of Augusta. I’m going to make a motion that we deny this and send it back for bid, Mr. Mayor. Mr. Holland: I second the motion. Mr. Cheek: I’m gonna make a substitute motion, Mr. Mayor, to approve. Mr. Mayor: Commissioner Cheek. Mr. Cheek: Mr. Mayor, I’m gonna say this that, that, while I agree in principal with what has been said, this will not happen over night and we have to move in dedicated steps towards um, DBE participation, that we have to grow a local base. I’ve long been a advocate of breaking these projects up into sub-projects if necessary to help some of our smaller businesses compete for those bids and so forth. This is an important roadway that will open up over a thousand acres of property along Bobby Jones between Highway 1 and Richmond Hill Road. This will be a step towards creating in South Augusta potentially something similar to what we have at Target Center, with areas for development for homes and shopping and so forth as some of the nicest frontage along Bobby Jones on untapped frontage available. We don’t need to deny this or delay this. The thing we have to consider is are we doing the best we can and it sounds like we are in the current market. Are we working towards growing that market to where we have better competition and more available DBE businesses in the area, and in the meantime, and another consideration, are we growing that market locally or are we willing to send our money to Atlanta or Charlotte or somewhere else. I for one am not. But is this project worthwhile and necessary at this time, and I say that it is, and I just urge passage to see us move forward on this. Mr. Grantham: Second that motion. Mr. Mayor: Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. I want to ask Ms. Gentry a question. Uh, in sending out bids, and I know you’re not the procurement lady, but is there a percentage when you, when they send them out as to how much minority participation has to be? Or is this something we added to it, uh, after the bids have been sent out. Ms. Gentry: Commission approved back in 8 of 05 the DBE language along with the procedures that department must adhere to in order increase DBE participation. Currently there are no percentages added to the bid documents. I think that’s something you all charged me with at our last Commission meeting. To get with the city Attorney and develop language along with a formula that could be placed in the bid document to insure that we’re getting a percentage on the front end versus trying to do it on the back end. Since our last meeting I have met with Miss Flournoy, uh, we have done extensive research on competitive, I think one of the Commissioners indicated that we should look at comparable cities based on our size and within the State of 42 Georgia and which we have done that, so we’re together now carving that language to bring back. It’s my understanding her recommendation will be to have this meeting in Legal due to the ramification, legal ramification that we could be infringing upon. Mr. Smith: But that’s in the future you’re talking about. Ms. Gentry: Right, within the next, we’re hoping within our next Commission meeting. Ms. Smith: My question was, are we changing the rules in the middle of the game? That’s what I want to know Mr. Mayor. Ms. Gentry: Are we changing the rules in the middle of the game? Mr. Smith: About participation, yeah. They have the low bid but now we don’t accept it because of this and I’m assured if it was not in the contract that, how would they know? Ms. Gentry: Right. It was not in the bid specifications. However I do attend the pre- mandatory meetings and I highly urged them to solicit our local DBE’s as well as our local small business. I do urge them to do that. I make myself available, our telephone, our directory and everything is there for them. Mr. Smith: I understand that. There’s no problem with you. I just want to know if it was in the contract. Mr. Mayor: And, I would like to applaud the DBE Department and Ms. Gentry as well as um, Ms. Sams and Procurement. Over the past month both have had extremely well attended meetings focusing on how to do business with the City and so I applaud both of y’all for doing that and I do feel like the will of the body is definitely there to do a better job. Commissioner Stevenson. Mr. Stevenson: And I just want to inject that as well. Where we failed the DBE is that we didn’t have something in place already stipulating that this is what we would accept. But when we leave it open like that people can come and come with a less bid and win it as it was the case a couple issues, Agenda items previously. So, what we have to do now is go forward from here and insure that we have, in writing, on the contract through Attorney, view it and have it accredited that this correct. And then, then it’ll cut out people doing what they want to do and, and, shunning the little man or whatever, you know, per se, but uh, I agree something major that needs to be uh, considered and brought to Augusta. We need to move forward. There’s nothing you can do about it. It’ll just be the same issue over again if we get another bid and they may give a couple of dollars more but that, how much time would that deny what we need. Augusta needs growth. Augusta needs economic development and I see this as that. Mr. Mayor: Thank you, Commissioner Stevenson. Commissioner Williams. Mr. Williams: Just want to clear up one point. This is not about minority bids this is about local, disadvantaged business. Women owned. This is about people who live in Augusta 43 Richmond County to be able to come to the table. We, when Ms. Gentry was hired her specific job is what she’s addressing now and there were some things put in place. Maybe they’re not enough that’s put in place but there were some things. We didn’t just sent out in the dark and say just bring me whatever you can. There were some guidelines, there were some instructions that she, she had, and I don’t, I know Commissioner Stevenson, you want to see it grow. I understand that, and, and, I think we all want to see it, but I want to clarify, it’s not about minorities it’s about disadvantaged business, people, local people in Augusta. Mr. Mayor: Okay, we have a substitute and a second. Madame Clerk, could you read back the substitute motion? The Clerk: Substitute motion was to approve the award of the construction contract for the roadway improvement for Benson Road to the lowest responsive bidder. Mr. Mayor: If there’s no further discussion, Commissioners will now vote by the substitute sign. Mr. Williams and Mr. Holland vote No. Mr. Bowles out. Motion carries 7-2. The Clerk: ENGINEERING SERVICES 36. Motion to approve request from JM Wilkinson Neighborhood for closure of Wilkinson Circle. Also, approve funding from the Traffic Engineering Capital Outlay funds in the amount of $500.00 or less. (No recommendation from the Engineering Services Committee October 30, 2006) Mr. Mayor: Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. In our committee there was a group from Wilkinson Circle and uh, had problems with people coming through the uh, they had a little small community there. It’s open on the Gordon Highway side and the Milledgeville Road side so they’re petition was to close one of them to slow down the traffic through there. They was afraid it was gonna hurt somebody and most of them they are senior citizens. So I asked our Engineering Services Committee uh, the Legal Department to check it out and see if it was legal to close it off. So I’d like for one of them to speak to that, uh, our Traffic Engineer if you will. Mr. Mayor: Mr. Shepard. Mr. Shepard: Commissioner Smith, I can speak to that. The county, the consolidated government does have full authority over its county roads system and um, I think that the road can be closed but I don’t find a procedure and um, I recommend this. We talked, Mr. Cassell actually talked with GDOT to determine if there was some traffic easement which was required in this situation from Gordon Highway and the answer is no, that it’s not. And, I think there’s an 44 interest in the traveling public that probably needs to be accommodated in some due process form. I talked to him, and Mr. Cassell he said that he would be bringing forth a traffic calming ordinance in the next session or so of this body and I would suggest that we attach to that the provision for having a notice of the closure of the hearing, of the road so that there’s due process served and so, and my recommendation is that you approve the closure subject to approving a procedure for doing that when the traffic calming ordinance comes before you. Mr. Mayor: Commissioner Smith. Mr. Smith: Move to approve. Mr. Grantham: Second. Mr. Mayor: We have a motion and a second. Commissioner Brigham. Mr. Brigham: Smith Shepard, are you suggesting that we have a public hearing and make the general public notified that we are in the process of closing this road? Mr. Shepard: Yes sir. Mr. Brigham: Is that part of this motion? Mr. Shepard: Yes sir. Mr. Mayor: Commissioner Cheek. Mr. Cheek: And it’s my understanding that we’re going to attempt to codify the process by perhaps by a percentage of residents on that road signing a petition to approving X number of public hearings and so forth? Mr. Shepard: Yes. Mr. Mayor: Mr. Shepard. Mr. Cheek: It’s just my concern, if this has no impact and we can, and we’re going to do this for the remainder of the city, this is not a very long street that we perhaps could go ahead and approve this with the uh, if we have a recommendation from our Traffic Engineer as to which end to close, perhaps provide this community with some relief than move forward with a comprehensive methodology for the remainder of the city. Mr. Cassell: Yeah, this is a common problem through the city as far as people speeding through the neighborhoods. Wilkinson Circle is sort of a special case given that it’s a connector between two arterial roads and it’s become a huge cut-through, uh a lot of people speeding up through there, so I felt that it was sort of a priority to bring this one before the Commission prior to the ordinance. I have developed a traffic-calming ordinance that I submitted to the subdivision committee for impending comments. I do want to bring that before the Commission 45 for approval over the next, hopefully by, not the next meeting but the following meeting and it will be a petition process. I think right now I’m required, 75% of the uh, the residents approve or agree with the ordinance, whether it be speed humps, closure, you know traffic circles, et cetera - -- public hearings. Mr. Cheek: Will this, I guess in this particular case, and it’s your recommendation to wait or should we proceed with maybe your recommendations on end to A or B, or just wait. Mr. Cassell: My recommendation would be to close it down by Milledgeville Road. On that end, it’s a circle. There’s a circle there. You can turn around and as Mr. Shepard said, once these procedures get in place and we can hold the public hearings. So yes, my recommendation would be to close. I’m gonna make a substitute motion that we follow the Mr. Cheek: recommendations of our Traffic Engineer as well as direct our Attorney to follow through with the contents of the previous motion. Mr. Mayor: Commissioner Holland. Mr. Holland: Uh, yes sir Mr. Mayor, thank you. Uh, uh, I’m in favor of this because I remember receiving several phone calls from someone from that community in reference to what was happening. And so I share this information with the Traffic Department and of course with Planning and Zoning and I still need to go out and take a look at this area to make sure that we would not be breaking any laws and to make sure that it’s an area that can be, can be closed off and of course they had the opportunity to go out there and do that. So, I’m hoping that this can go and take place so these people in this area can have some peace and quiet because of these cars speeding up in that area can cause some serious problems. Mr. Cheek: I think I need a second on this. Mr. Mayor: I was gonna say that sounds like --- is that a second to the substitute motion? Mr. Holland: Yes, ma’am, yes, sir. Mr. Mayor: Okay. Commissioner Grantham. Mr. Grantham: Just one comment. Prior to this ordinance being closed, I mean being brought to us, are we suggesting this be a temporary closure until that ordinance is passed and then we vote to make it permanent? I mean is that, should we follow that --- Mr. Mayor: Mr. Shepard. Mr. Grantham: --- or should we make it a permanent closure now and then go by the ordinance later, I don’t, I mean I’m just asking the question. Mr. Mayor: Mr. Shepard. 46 Mr. Grantham: Either one suits me. Mr. Shepard: I think um, to make it uh, withstand any due process objection make this the first one through the hearing process. I think that’s what Mr. Cassell wants to do and um, I think you won’t have any comebacks if you do it that way. And, uh, you know um, you know, it’s not delay, it’s just to protect the procedure. Mr. Cheek: Clarification Mr. Mayor. Mr. Mayor: Mr. Cheek. Mr. Cheek: Thank you sir. So what I’m hearing is we temporarily close it in an expedited fashion and go through the process, call the closure a temporary closure to provide relief for the community, go through the process and then permanently close it if there’s no adverse community outcry. Mr. Shepard: I would --- Mr. Mayor: Mr. Shepard. Mr. Shepard: I would just do the permanent closure after notice. That’s what I, I mean you have your hearing; you have people to come in to object, you have your standards established before hand, and do it one time sir. Mr. Cheek: I --- Mr. Mayor: Continue. Mr. Cheek: Thank you, Mr. Mayor. I’m trying to be good. Um, my concern is, now this isn’t saying we’re going to go through some process, and I know processes work around here, I’m not willing to wait until after Christmas or the first of the year if we can provide some relief an expedited fashion next week for this community. I’ll go back and remind the Commission of a measure or indicator of the quality of an organization is its ability to bring change and improvements to it’s processes in a timely fashion, and that’s one of the things I hoped that we could in this case. Mr. Mayor: I believe your motion was the temporary closure than working through, was it not? Mr. Cheek: Yes, sir. Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, here we are, we’re planning for people again and not planning with people. Now, I would like to make a lot of the traffic problems just go away. We have a lot 47 of hazards but we don’t need to what, sitting up here in a public meeting and not give the public an opportunity to participate in this. We always allow the public an opportunity to participate. That’s what we’re here for. And, I think we ought to do it the right way. We’ve had a way recommended to us, I think we ought to have a public hearing. We don’t just abandon roads without public hearings and I don’t thing we ought to start closing roads and putting speed bumps on without public hearings. I think these are the public’s roads. These are not our roads. Mr. Mayor: Okay. Commissioner Stevenson. Mr. Stevenson: Uh, Mr. Mayor, yes in the Committee meetings we had, I thought, the bulk of the public that live on that street come and present their proposal. And, with those that came, that was the majority that live on this street, and they had letters stating signatures that everyone was in agreement, so that’s why I thought, when we came here today it was just to go ahead and okay that proposal. Mr. Mayor: Okay, we have a substitute motion. Madame Clerk, can you read back the substitute motion? Mr. Brigham: Mr. Mayor, I’d like to hear from the Attorney. Mr. Mayor: Okay. Mr. Shepard. Mr. Shepard: Thank you, Mr. Brigham. The public I was referring to was not only the people that live on the street but the people who happen to travel the street. So, it would be, the best, it’s the traveling public, you, I, you don’t live there so, that way their rights could be heard and basically their rights to travel down Wilkinson Circle would be uh, if I understand the Commission correctly, cut off. But, I think when you take something like that away you should do it by a process. Mr. Mayor: Okay, Madame Clerk? The Clerk: Mr. Cheek’s motion was to follow the recommendation of the Traffic Engineer and the City Attorney regarding the temporary closure of the road. Mr. Cheek: And to follow up with the process of the --- Mr. Mayor: Yes. Okay, Reverend Hatney. Mr. Hatney: I just, I don’t want no one to take this out of context but, I’m sitting here listening and talking about all you need to do and I’m reminded of a street in Augusta named Telfair that they closed between East Boundary and Cedar street without public hearing. They closed the street down piled it up with breakers in there and everything and they ain’t asked us a thing. I just wanted to sort that out. Mr. Mayor: Okay, we have a substitute motion and a second. Commissioners will now vote by the substitute sign. 48 Mr. Brigham votes No. Mr. Bowles out. Motion carries 8-1. Mr. Mayor: Next agenda item, Madame Clerk. The Clerk: ADMINISTRATOR 39. Receive update from the Administrator on the racetrack. Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, members of the Commission. At the Commission meeting several weeks ago y’all tasked me to put together the necessary steps to bring forth completion of a racetrack project for Augusta. We’ve had preliminary, or I’ve had preliminary discussions with those people that are involved in those processes and have identified four steps that I would feel that would be appropriate to continue to move this project forward if it’s the will of the Commission. First of which would be to authorize me to negotiate with the initial Development Authority of Richmond County for either a purchase or swap of that particular land that’s necessary for the racetrack. The second would be authorization to discuss and proceed with bond council, not bond council, bond advisor to develop a bond package that would pay for the City portion of the funding of this particular track, uh this particular project, based on the proceeds of the track that would be, that would be presented. I do not anticipate any obligating tax dollars even though the potential exists and we would have to obligate the good faith of our government at some point in time, which is fairly standard in these projects. Because of the cost involved in doing that we’ve got some preliminary numbers but nothing specific yet. I was afraid to move forward without your authorization. Secondly is to develop an RFP for engineering, construction and other sources that would be necessary to build the track itself, to do the proper engineering the soil testing, outlay of design. And the fourth item would be to authorize me to begin negotiation with a third party as we’ve talked about this all along it’s been in the format of a public/private partnership with uh, another individual providing both support fiscally and operationally for the project itself. That partnership would involve the development of an MOU that would discuss both their participation from a financial standpoint, management opportunities and the city’s share of the profits that would be developed above and beyond the cost of the bonds at that particular point in time. It’s my feeling that the first issue there would obviously the land acquisition and the trade. That would be the first thing that we would do. In addition to that the other three parcels of that particular project I think it would be a good parallel, it be a good parallel pass so that we would not wait for A, B, C or D. Once we get the land tied up we would be able to move forward with all three of those. In similar fashion to make sure that they all come to the end, when we start building something that would be approved by this body. As part of that I would recommend that you require a 30 day written explanation of progress in each of these areas so that we can keep you abreast of, of the process and where we’re at. As we look at our ability to come back and tell you that we need, in my mind, give you a written evaluation each 30 days as to where we are in the particular process, to 49 keep you each abreast in that. Because of the scope of the project, and what would be done, the time frame I think would be something that would be given back to you in the first report or two as we get a little bit deeper in the conversation both with the industrial Development Authority and the bond advisor. And I would suggest that we go ahead and use Ms. McNabb who has served us well in the past as we continue to do that. We, I’ve had primary, preliminary conversations with her and she’s awaiting authorization to go ahead and help put together that project. Mr. Mayor: Commissioner Cheek: Mr. Cheek: Mr. Mayor, having heard the report from the Administrator, I’m hoping that Being as an aggressive target I’m we can conclude this and say in 120 days, four months or so. going to make a motion to authorize the Administrator to proceed with the development plans as outlined in his presentation and to provide monthly written updates to the Commission as to it’s progress with and early closure date of 120 days as a target, not necessarily an absolute. Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. Commissioner Brigham. Mr. Brigham: Mr. Mayor. Can we issue development bonds, we as a Commission? Is that, I think that’s a Legal question, I don’t know that we can is that --- Mr. Mayor: Mr. Shepard. Mr. Shepard: Well, Mr. Brigham, we have uh, just passed in this community the Redevelopment Powers Act and it is to be certified tomorrow, I think by the Board of Elections - -- Mr. Brigham: Monday. Mr. Shepard: And uh, well that’s right Monday, thank you. And with the new powers that we have to work on some of the problems that we have had experienced over time and so, pending that I would say that if we designate it ourselves as a redevelopment agency, the answer to that would be yes. Mr. Brigham: And we will pledge the good faith and credit of this government to a redevelopment bond? I don’t think so. We’d have a public vote. Mr. Shepard: We could do it through revenue bonds, I think, Mr. Brigham. But here again, we have just passed this power. Mr. Brigham: I understand that but I don’t think we, I don’t think that’s within our authority to issue revenue bonds to do an enterprise or development. There is a difference when we the City own something. But this is, we’re doing revenue bonds for water works, I 50 understand that, but to do a revenue for something that we don’t even know whether it’s economically feasible, it’s not a necessity, I would question whether we even have the authority without the consent of the public to do that. And without a public vote on a bond, I vote never vote for a bond to do something like that. Mr. Mayor: Commissioner Williams. Mr. Williams: Yes, sir, Mr. Mayor: I appreciate this opportunity, but uh we, you know we’ve been talking about this for quite some time. I respect the wishes of those who don’t understand it. We did do a study, Mr. Brigham say we don’t know whether it’s gonna be feasible or not. We spent $25,000.00 for a study that came back to reflect the same study that the man walked in here and told us for nothing. It’s gonna bring over $30M to this economy for a one week event, not just for one week, but all that was brought back through the study that was brought Mr. Mayor, uh, and uh, I know that whether it be revenue bonds through the uh, uh, that we regenerate Mr. Shepard, whatever bonds I’m sure we can, and it’s been proven that we can do it through the bond. Now with this Empowerment Act that’s just been passed really sets us in the driver’s seat and I understand Mr. Brigham, you know he ought to have his questions, and I applaud that but, uh, I’m gonna call for the question, Mr. Mayor, we go ahead and vote to get this process, if this process stops along the way because it derails with a bond, that’s one thing. But to sit here and talk about what we can’t do and won’t do is something else. So I call for the question. Mr. Mayor. Okay, the question has been called for. Madame Clerk could you --- Mr. Brigham: Point of personal privilege, Mr. Mayor. Mr. Mayor: Mr. Brigham. Mr. Brigham: I understand that the question’s been called for but I don’t think it’s right if procedurally to have one person say something, the next person turn around and call the question. I think we ought to at least have a public hearing of what’s taken place. Now I might be wrong that, but I don’t think everybody’s had an opportunity to speak to this and I think some other people were wanting to speak to it. And I challenge the Chair in allowing the question to be called. Mr. Mayor: Mr. Shepard, can we get a legal clarification on this with regards to the question being called? Mr. Shepard: Well, do you wish to discuss it further? Mr. Mayor: Yes, I believe --- Mr. Cheek: The Chair has to rule whether there’s been adequate discussion or debate on the issues. Mr. Shepard: That’s correct. 51 Mr. Mayor: Okay, there are several other Commissioners that would like to speak to the issue. I believe Mr. Smith said the Chair would rule that debate would stay open until these Commissioners have the opportunity to speak. Commissioner Smith. Mr. Smith: Thank you, Mr. Mayor. Um, Fred, how much money are you talking about spending on what these four or five things you brought out? Mr. Russell: At this point the estimate of cost would be approximately $6M. Mr. Smith: I’m sorry, how much? Mr. Russell: At this point the estimated cost would be approximately $6M. Mr. Smith: Um, and I was gonna ask the same question that Mr. Brigham did about, does in fact the citizens have to vote on something like this, and I don’t guess you can answer that? Mr. Shepard: Well we have, we have very little experience with the Redevelopment Powers Act but I think that it is within the powers of that act. Um, the uh, the Administrator’s path forward is to first to acquire the land and then to go to the Financial Advisor, the RFP, and then to begin the authorization. I think he said that the first step had to proceed before the other steps. Um, as the first steps proceeds, we would determine the authority for the other steps. If Mr. Brigham has a question I’d be happy to render a written opinion on it. Um, but the uh, of course any project that’s going to be financed has got to have some sort of coverage and you ordinarily have a um, engineering report on what you’re gonna do, and you also have a uh, financial um, proforma, as you know in your profession Mr. Brigham, as to whether this would sustain the issue. And, um, I, those would all be uh, checks on the process to determine whether or not we go forward. Um, that would be um, that would be how I would see it. Mr. Smith: Mr. Mayor: Mr. Mayor: Commissioner Smith. Mr. Smith: I uh, I strongly feel that this government don’t need to be in the racetrack business. And, to take somebody’s hobby and put citizens money into it, I think is wrong. It’s wrong for the business people in this country to even think about even doing something like that. And two, this property I’m assuming they’re talking about is the 1700 acres on um, Georgia Highway 56. It belongs to the Development Authority. And it doesn’t belong to Richmond County it belongs to the Development Authority. In speaking to them this week, nobody has been to them with any kind of proposition. In fact this, that they can, there’s something legal that can be done there. They’re saying that uh, this uh, property is the second piece in Georgia for a large development of some kind and it will bring some jobs in here. And uh, I just feel very strongly that we ought to consider a lot of other things, but mainly this property, unless there’s some other property you’re talking about. Mr. Mayor: Mr. Shepard. 52 Mr. Shepard: Certainly a swap would have to be a consensual arrangement between the Development Authority and this body if we went forward with this. Mr. Mayor: Mr. Grantham. Mr. Grantham: Thank you, Mr. Mayor. One of the questions I had in this regards is to ask our Administrator in his research and looking into this particular project, is it, have we discovered or do you know of any other government entities in the U.S. that is involved in this type of operation, this type of business. And if so, I’d like to see what type of financial position they have in that business and see who invested in it. If it’s that good than, you know, I want to invest in it as a private citizen. And so, I’d like to know about that prior to me voting to put government money into it. I’d rather put my own into it if it’s that good. So, uh, I’d like to have those questions answered along the lines. And to further the question about the property, uh, when this property was given to Richmond County, to the Development Authority, it was given to them, course by Columbia uh, I mean Kimberly Clarke as every one is aware of. And, personally I received a letter here because I was on the Commission at that time when it was done. But I received a letter within the last, well excuse me an email, within the last week or so from the executive vice-president who is involved in that transaction indicating that they didn’t feel like that was the intent when that land was given. However, they have no strings attached it, he was only saying that as a personal individual, one that had been involved in the transaction to begin with. So, I think that there’s a lot to be investigated on this. I’m not opposed to the racetrack business, I’m, as I said at the very early stages of this, I’m opposed to the location. Find me a spot where we could put it to make it beneficial to the people who would own it and to the people who live in the area, then, I’m all for it and I’ll be the first to write you a check and get involved in the, in the investment of it. Mr. Mayor: Mr. Russell. Mr. Russell: Mr. Mayor, we have found several other locations that are government identities that are involved in the racetrack business there basically. We do have some money prospectus, we have some prospectus, that worked for them on their financial income and financial input into those areas and I’ll be more than happy to share that with Commissioner Grantham. In addition um, I was trying to answer his questions in order and I’m totally lost in the order of his questions there but, um, obviously we have not made formal contact with the Industrial Development Authority yet, which you will be doing today, will be giving me the authority to do that and move forward with that. In a manner of the swap would be I believe what would be appropriate. I think that if I read the email correctly and the intent of the Kimberley donation was to improve the economic development of our community and this seems to be one route to do that at this particular point in time. As we looked at the property, that property has been vacant. It is zoned industrial. Some of the other options that could be on that property are paper mills, tire factories, those kinds of things which have not come to any fruition what so ever through our marketing efforts and um, it would seem to be that in the best interests of our community that we would move forward with something, um, be that the wish of this group basically. And I’m attempting to follow the wishes of this group as best I can given the uh, direction that I’ve been getting here basically. 53 Mr. Mayor: Mr. Russell, I’m just, question of clarification because I know that with the Trade and Convention Center, that when we employed somebody to do a feasibility study on that they also did site selections and came back with three sites. Would it not be appropriate to do the same thing here? I’m --- Mr. Russell: Alternately we looked at several additional sites that meet the space requirement but unfortunately because of the cost involved it was my feeling they were not feasible because of the private nature of the, of the ownership that would involve increased costs to us at this particular point in time. I think it’s amazing how hard it is to find a mile street land that one person owns in this community. But there are some opportunities out there but because the Industrial Development Authority does own that land, it’s designated in the proper zoning and the other options are heavy industry out there. There would seem to me that that would be the first place we would go to look. Mr. Mayor: Commissioner Stevenson. Mr. Stevenson: Uh, yes. When I first came to sit on the Commission Board, and this was one of the Agenda items, and I thought that after it was discussed that the $35 or $25,000.00 that was spent on this study and it was approved that it wasn’t, uh, some of the issues that were brought forth then when I first sat on the board was whether there was gonna be a noise and pollution problem and the study was done that, found that it wouldn’t be those issues. And now it seems to be something totally different as trying to stop it but, you know, growth is gonna come to Augusta. I’m from North Carolina, that’s irrelevant to this, but I’m from Winston- Salem, North Carolina, and uh, I came to Augusta, I couldn’t believe how backwards it is here. I just couldn’t believe it. Mr. Cheek: Amen brother! Mr. Stevenson: It really is, though, so undeveloped. And growth is gonna come whether it takes people to die off for the growth to come, but growth is gonna come and we need to stop just uh, bringing up minor, minute issues when it’s not relevant to growing Augusta. Not only will that bring so much more economy, businesses into the area, that’s gonna really, probably advance the people that’s probably rejecting it. It’s gonna benefit them as well, but you know, it’s time to move on, it truly is. Um, it’s 25 years behind the times here, and uh, uh, and I’m from Winston-Salem, not a real big city. But um, it’s time to move on and uh, when I came here, it was about the noise, pollution and the traffic. There’s always engineering designs that will come as the industry grow and we’re gonna redesign and reengineer uh, streets, but to just say that uh, we need to try and find other areas, if it’s property that we own than why are we looking for other? If it’s still the Downtown Development, that’s part of the County, right? Mr. Mayor: No, it’s the Industrial Development Authority of Richmond County, which is a separate entity from the City Government. Commissioner Hatney. Mr. Hatney: Can I call for the question now? 54 Mr. Mayor: I think it’s been adequately debated --- Mr. Cheek: Oh! Mr. Mayor: --- at this point, yes. Okay, we have a motion and a second. The question has been called for. This has been adequately debated. Commissioners will now vote by the usual sign. Mr. Cheek: I feel picked on, Mr. Mayor. Mr. Brigham, Mr. Smith, Mr. Grantham vote No. Mr. Bowles out. Motion carries 6-3. Mr. Cheek: Point of personal privilege, Mr. Mayor? Mr. Mayor: Yes sir. Mr. Cheek: Mr. Mayor, may the record reflect that this City holds nearly half a billion dollars worth of revenue anticipation bonds for its utilities department and I could go on, on the facts but how we, I’m concerned that we don’t put additional road blocks up to success. If we had maintained Augusta International Raceway uh, in its former state and carried it through we would be competing with Charlotte and several other cities for the motor sports industry. It’s time to quit stepping back in time and step forward with this. The Industrial Development Authority ---- in my talking with Mr. Sprouse that he fully is aware of the project so are the members and we as a board appoint the members to that board. If there’s a problem with them carrying it through, we can reappoint or replace other members on there to see this project through. Mr. Mayor: Next agenda item. The Clerk: Yes, sir, I was conferring with the Attorney. I think Item 40 is the same Item as we approved under our Finance Agenda Item 17. So its, is the Commission okay with that? Mr. Mayor: Yeah, it looks better that way than --- The Clerk: ATTORNEY 41. Attorney’s statements for period ending September 25, 2006 and October 25, 2006, submitted as required by Commission. (Deferred from the Special Called meeting October 30, 2006) Mr. Mayor: Mr. Shepard. 55 Mr. Shepard: Mr. Mayor, members of the Commission. You directed me to submit my th statements monthly to this body and I closed the month on the 25 of the month each month and th uh, through the date of September 25 my statement was $64,572.25. And then for the subsequent period through October, is was $62,328.30. These have been broken down as they always are. Part of them are chargeable to uh, Enterprise funds and partly charged to the General fund and I would ask that the uh, Administrator, I have had him look them over as he always does and approve them, and I reflect my original rates which I quoted back in uh, 2003 which became effective January 2004 and I would ask that these matters be approved as you directed me to bring them to you. Motion to approve. Mr. Grantham: Mr. Cheek: Second. Mr. Mayor: Commissioner Hatney. Mr. Hatney: I don’t have any problem with the invoice. My concern is it was for, I thought it was presented to this body. I was under the impression that we would receive the information. Mr. Shepard: Yes, sir. Mr. Hatney: But it be after the fact. Mr. Shepard: I gave it to the Administrator as I always do sir, and uh, it’s here and presented right to you, right now. Mr. Hatney: But, I’m gonna vote for it but for now on I’d like to see it in advance. Mr. Russell: You want copies in advance? Mr. Hatney: Yes sir. How we, otherwise we don’t even know what we’re talking about. Mr. Mayor: Okay. Mr. Williams. Mr. Williams: Even though I’m voting for it now, but I still need a copy to, I mean I can’t go back and get the horse once they get out the gate, but at least I know what color he was when he went across the field. I don’t wanna be chasing the wrong horse so I need to see a copy of that. Mr. Mayor. Okay. Mr. Russell: Mr. Mayor if I can --- Mr. Mayor: Mr. Russell. 56 Mr. Russell: --- they’re fairly extensive documents, if you’d like --- Mr. Hatney: (Unintelligible). Mr. Russell: --- I understand. What I’m trying to do is get a head count of those people that would like to see the specific documents so I don’t, I don’t do ten of them. If can get by with one or two and put the balance in the Clerk’s office, I would be happy --- Mr. Mayor: Yeah, I’ll review it in your office. Mr. Russell: So I get four then. Thank you. Mr. Mayor: Okay, we have a motion and a second. Any further discussion? Commissioners will now vote by the usual sign. Motion carries 10-0. Mr. Mayor: Madame Clerk I believe that was our final agenda item? The Clerk: Yes sir. Mr. Mayor: Mr. Shepard --- ADDENDUM 44. Motion to go into a Legal Meeting. Mr. Shepard: I would like a short legal meeting for purposes of litigation and real estate. Mr. Mayor: Can I get a motion to that effect? Mr. Cheek: So moved. Mr. Mayor: We have a motion. Do we have a second? Mr. Stevenson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign. Mr. Hatney not voting. Motion carries 9-0. [MEETING ADJOURNED] Lena Bonner Clerk of Commission 57 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 November 9, 2006. ________________________ Clerk of Commission 58